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Linguistic Problems of GPL Advocacy

Reader Chemisor advances a theory in his journal that a linguistic misunderstanding is at the root of many disagreements over different licensing philosophies, in particular BSD vs. GPL. The argument is that GPL adherents desire the freedom of their code, while those on the BSD side want freedom for their projects. "It is difficult to spend a week on Slashdot without colliding with a GPL advocate. Eager to spread their philosophy, they proselytize to anyone willing to listen, and to many who are not. When they collide with a BSD advocate, such as myself, a heated flamewar usually erupts with each side repeating the same arguments over and over, failing to understand how the other party can be so stupid as to not see the points that appear so obvious and right. These disagreements, as I wish to show in this article, are as much linguistic as they are philosophical, and while the latter side can not be reconciled, the former certainly can, hopefully resulting in a more civil and logical discourse over the matter." Click below for Chemisor's analysis of the linguistic chasm.

The first disagreement I wish to address concerns the statement "BSD projects are free, but GPL projects stay free." GPL advocates cannot understand why the BSD advocates are not getting this point, and BSD advocates make accusations of Communism, which are then argued to death by both parties. The problem with the statement above is the different interpretation of the word "project." I, and I suspect many other BSD advocates, generally separate the concept of "project" from "code." While code is what projects are made of, I do not see it as valuable as the useful product a project provides. When I write a program, be it a site scraper, or a todo program, or a UI framework, I think of my project as the entity that matters. The fact that I may have copied some code from one to another is of no concern to me.

A GPL advocate sees an entirely different situation. To him, it is the code that comes first, and the applications built from that code are a secondary consideration. Even a single line of code is precious, whether it contains a complex spline formula or i += 2;. As an aside, I would expect this mindset to be more prone to reusing other people's code instead of reimplementing it. Where I would scoff at a piece of code, call it utter garbage, and rewrite the damn thing from scratch, a GPL advocate would probably wrap the garbage in another API that he finds more palatable. In my opinion, this leads to bloat from wrappers, instability from the garbage that is still there, and loss of skills. What programmer from the current generation is up to the challenge of reimplementing libjpeg? But, I digress. I am here to explain, not bash, so please excuse this little rant.

The two different viewpoints outlined above lead to different interpretation of the expression "stay free." To a BSD advocate, his project will always "stay free," and to assert otherwise is ridiculous. Once it is published, what could possibly make it go away? I have projects that I wrote fifteen years ago which are still hosted on ibiblio.org FTP site and mirrored around the world. I no longer maintain them and think them useless, but they'll persist forever, and anyone at all who wants to download them still can download them. The fact that some company can take it, write a little bit on top of it, and sell it, does not in any way affect my project.

To a GPL advocate, the project is not important; the code is important. So he looks not just at the project distributions he has made, but also of other projects that may incorporate any line of code he ever wrote. In his mind there is no distinction between his original work and its encapsulation in a derived work. He still thinks of both as "his code," and as an entity that must stay free. Naturally, any non-free derived work will anger him, because his code in it will no longer be free, even though his own copy of that code and his entire project will still be free.

The code/project distinction also leads to a different view of what it means to "use" a project, although this point is seldom argued explicitly. A GPL advocate makes a rather arbitrary and vague distinction between a human using his code and a computer using his code. Consider a situation where a user has a GPL-licensed program that converts a JPEG image to a GIF image and his own program (which he sells, or distributes under some other incompatible license) that can only view GIF images. It is legal for him and his customers to call the GPL program from the command line to convert JPEG images and then view them with his program. Suppose he gets fed up with this sequence and writes a shell script to do both operations in sequence. Is this legal? Probably. But what if he cuts out the conversion part of the GPL program and embeds it in his viewer? That would make his viewer a derived work, and so illegal to distribute under anything but GPL.

From the GPL advocate's view, this is perfectly logical. It is his code, and he wants all instances of his code to be free. The instance can not be free if it is embedded in another executable that is not free, since it can not be easily modified, which was Stallman's gripe and the reason for the GPL's existence. From the BSD advocate's view, the situation is absurd. His project is still free, and he does not really care how a user wants to use it. A shell script calling the converter is no different than a closed source program embedding it. They are simply different ways for a human to use the program. Whether the object code for the project stays hackable is also irrelevant, since the human's use of the project through a derived work project is just another way of use.

These different views of derived works are another bitter point of contention. GPL code can only be legally embedded in GPL projects, and if a non-GPL project wants to use GPL code, it must either not do that, or become a GPL project. This is why BSD advocates call the license viral, and thus elicit vehement denials from GPL advocates, who retort that nobody is forced to use GPL code, which lead to useless arguments over the meaning of "forced" or "viral" with no meaningful result. It must be reiterated that the GPL advocates look at code, while the BSD advocates look at projects, and the "viral" debate can only be resolved by examining both viewpoints. A GPL advocate sees a derived work as "his code" combined with some "other code" in a package, and his concern is that the package always be openable. "His code" always remains his code, and he sees any use or distribution of the whole package as a kind of use or distribution of his code. As a result, he feels justified in placing restrictions on how a user may use or distribute the derived work, even though he "owns" only a small part of the whole package. This is following the philosophy of copyright and intellectual property, which, curiously, is a favorite target of derision of these same people. A copyrighted work can never be wholly owned by the user, it is only rented, and so subject to control by the original creator.

A BSD advocate sees a derived work as his project being used by another project. The derived project is wholly owned by whoever wrote it, even if it uses other people's code. This is similar to the property laws of the real world. For example, suppose I sit on the curb and give away free lemons. A kid next door might get the bright idea to get my lemons, make lemonade, and sell it. The lemonade is clearly a "derived work," since it is made from my lemons, but it is absurd to suggest I have any right to tell him what price to put on his lemonade or how much sugar he can use in it. By the laws of private property in the real world, my ownership was relinquished at the time when I handed him my lemons. Just as I do not own his lemonade, neither do I own the derived works he makes from my BSD-licensed software.

These distinctive views of ownership combine with considerations of money, and GPL's anti-business mindset, resulting in accusations of Communism, and worse. But I'll save explaining that for another article. For now I will simply suggest that GPL advocates should change their language a bit, to make themselves more easily understood by people who do not subscribe to their philosophy. Specifically:

"BSD code is free, but GPL code stays free."

It would be better instead to say:

"BSD code is free, but the GPL ensures all derived works are also free."

or

"The GPL ensures your code will never be used by a closed-source application."

These alternatives clarify that you are talking about derived works, rather than the original project, which, of course, will always stay free anyhow. Also, do keep in mind the other points brought up in this article and make at least some effort to ensure you are speaking the same language before becoming too upset. I will never agree with your philosophy, but at least you'll know you were understood.

633 comments

  1. So? by Creepy+Crawler · · Score: 3, Funny

    Is it...

    The GPL sucks?
    or
    The BSD Sucks?

    oh well. emacs still sucks. go vi.

    --
    1. Re:So? by Anonymous Coward · · Score: 0

      BLASPHEMY!!!

    2. Re:So? by Hognoxious · · Score: 1

      It all depends which version of the GPL. Which kind of renders the whole article moot.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:So? by gaijin99 · · Score: 5, Interesting

      Funny, but not accurate.

      It isn't about sucking, but about basic philosophic differences.

      The giveaway licenses like BSD are there for people who actually want to give away their code. They release the code and get nothing in exchange except the warm feeling of being good people.

      The GPL is, despite the cries of those who think its somehow Communist or socialist, based on exchange: you release your code, and in exchange you get more code back.

      Which is what RMS and the other hacker types want. Money is good, of course, but what really drives a hacker is code. Code to learn from, code to play with, code to try and push in directions its originator didn't think of. MS sells its code for money. People who release under the GPL sell their code for more code. Its a commercial transaction: you can can use my code for anything, and in exchange I get to see and play around with all the derivative code your produce.

      I've always thought that "freedom" was the wrong way to describe it. Yes, there's a certain free aspect, but mostly the GPL is a very straightforward commercial transaction. I give you code, I get code back.

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    4. Re:So? by Anonymous Coward · · Score: 2, Funny

      Words, words.. too may words here.

      To summarize, the differences between the licenses are as follows:

      GPL is like a 69.

      BSD, people just screw you in the ass, often without a lubricant and leave you without a word.

      Each one is a matter of personal preference. It's a free world anyway.

    5. Re:So? by Anonymous Coward · · Score: 0

      MS sells its code for money. People who release under the GPL sell their code for more code. It's a commercial transaction: you can can use my code for anything, and in exchange I get to see and play around with all the derivative code your produce.

      That is so well put, I shall make a signature out of it.

    6. Re:So? by KBKarma · · Score: 1

      oh well. emacs still sucks. go vi.

      Seconded.

      --
      Rolling a d20 is not grounds for investment.
    7. Re:So? by Anonymous Coward · · Score: 0

      I am a Socialist but I do believe in freedom. Real freedom means real individual freedom and respect for each other's freedoms. Socialism means collaboration for the benefit of humankind as a whole, and the BSD license is exactly that.

      The GPL is a Stalinist experiment under the Great Prolific Leader RMS' rule. "I wrote this piece of code so I am better than you and if you use it for something, you better send your code tribute back to me or I will send my death squad to you. You might have heard about the BSD people they are reactionaries allied with the proprietary enemy."x42

    8. Re:So? by leenks · · Score: 1

      No, there is no guarantee that someone using and extending your GPL code will give anything back.

      I am quite within my rights to extend a GPL program and keep that extended version closed so long as I don't give anyone a binary. Even if I did give someone else the binary, I don't have to give YOU (ie a third party) the source unless they also somehow get the binary.

    9. Re:So? by jedidiah · · Score: 1

      The problem with your little troll here is that RMS isn't in control.

      Sure he prints the manifesto but that's about it.

      Everyone else is "free to build socialism as it suits them".

      This is where the reality of Free Software diverges from the representations of detractors.

      Free software is ultimately about the end user, not the developer.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    10. Re:So? by Anonymous Coward · · Score: 0

      Well I am a Bush loving libertarian, but I do believe in flying ponies. And I say, anyone who loves Bush or is a libertarian should support the BSD license. It's the perfect tool for fucking over the little guy. And making ponies fly out of your ass.

    11. Re:So? by Grishnakh · · Score: 1

      I am quite within my rights to extend a GPL program and keep that extended version closed so long as I don't give anyone a binary.

      That's exactly right. However, all public cases of GPL infringement are about companies using GPL code in their proprietary offerings which they sell for profit. No one really cares if someone uses GPL code in an in-house project, which is never released to the public. The users of that code still have access to it, including its modifications, and that's all that's important. The problem is, when a company sells GPL code for profit, and doesn't release the source, then its users are now not free to see this source and to make their own modifications.

      What everyone seems to be missing about the GPL is, it's all about freedom for the USERS, not the coders. In an ideal world, if I buy a product, I should have access to all the schematics, engineering drawings, and software code that went into making that product. That way, I can modify that product as much as I want, or repair it if necessary. Back in the old days, when a person bought an oscilloscope from Tektronix or HP (a very expensive piece of equipment), they had access to manuals which included the complete electrical schematics for these instruments, so that they could repair them themselves if necessary. The manuals even had lengthy descriptions of how the circuits worked, and being publicly-available now, are excellent reading material for new electrical engineers interested in learning about analog circuitry. These days, however, you cannot get a schematic for your $10,000+ oscilloscope any more. The GPL is about this same type of freedom. Source code doesn't necessarily need to be released to the public at large, but only the customers who own a product using that code. This gives them the freedom to modify it or repair it when necessary. (For products sold to millions of users, however, it's generally easier to just stick it up on the company's website for anyone to download.)

    12. Re:So? by wayward4now · · Score: 1

      I like the "Gift Debt" notion used in the book Red Mars, by Spider Robinson. You are in Gift Debt when you receive a piece of GPL code, and are morally in debt to the giver. No problem with that? Right? While a gift is freely given, to repay the Gift Debt you would also give it away in the manner you received it. Or improve it and give it back as a gift. Gift Debt. I like it. Read the book. For a Linux head, it appropriate!

    13. Re:So? by lsatenstein · · Score: 1

      With BSD, I take the code, put a wrapper around it, and file for a patent. Of course my wrapper adds a non-significant change, (convert text to upper case, or something as simple). So I am very much concerned that derivative code is GPL free. BSD has given birth to Microsoft and to Apple. Wonderful thing for the developers to not benefit in anyway.

      --
      Leslie Satenstein Montreal Quebec Canada
    14. Re:So? by Eivind+Eklund · · Score: 1
      I understand how you reach this conclusion. Alas, the benefit you assume is based on assumptions that hold in far from all situations.

      There's a hidden assumption here.

      This that people that make derivative works from BSD code do not give away any of their changes. This assumption is wrong, both for proprietary derivative works and for other derivative works. For other open source derivative works, all code is naturally available. For proprietary derivative works, changes basically end up in two classes: Tactical (we do this because we need the functionality) and strategic (gives significant competitive advantage). Tactical changes will often (usually?) be contributed back to the BSD code base, as donating back gives several benefits: The community helps with maintenance (both avoiding incompatible changes and sometimes doing extensions to the code), you gain community goodwill and can often get help from the community (even for proprietary things), you avoid merge conflicts, and the programmers feel good about contributing to the open source version. The net effect of all these benefits is major contributions back.

      And, with that assumption gone, the conclusion - that the BSD trade is giving code for nothing - should be gone, too. We (at least partially) give code for code - we've just discovered that we get more code back by letting the user do whatever they need to do, because restricting them makes them go play with something else, something where they can't give us anything at all.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  2. GPL is nice LGPL is better. by CrazyJim1 · · Score: 1, Troll

    Maybe you like stuff to be open sourced, well not everyone shares your opinion. Sometimes closed source is better for many reasons. GPL is like trying to force your philosophy of open source on everyone. LGPL gives people the liberty to choose if they want to open source or close source what they build on your code.

    1. Re:GPL is nice LGPL is better. by h4rr4r · · Score: 5, Insightful

      No one is forced to use your code. If they don't want to abide by the license they can write their own code.

    2. Re:GPL is nice LGPL is better. by Ethanol-fueled · · Score: 4, Funny

      Nah, they'll take your TCP/IP stack and stamp "(C) Microsoft corporation" on it.

      Just kidding.

    3. Re:GPL is nice LGPL is better. by RCL · · Score: 1

      Sometimes it's impractical. Try to code your own mplayer. Or GCC.

    4. Re:GPL is nice LGPL is better. by h4rr4r · · Score: 4, Informative

      Then don't use it, and deal with it. It is also impractical for me to build a Ferrari, I don't steal them.

    5. Re:GPL is nice LGPL is better. by pembo13 · · Score: 1

      Based on the description of the article, I dear say it has increased my liking of GPL over BSD. Before I didn't have any significant preference other than that my OS of choice utilized the former. But if the GPL "ensures all derived works are also free." Seems that it is the ideal choice (for me) for any free work that I do. If I am paid to do open source of course, the payer gets to decide. But to address the parent, I can no more force someone to open source an app, than I can force them to use my code.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    6. Re:GPL is nice LGPL is better. by MoHaG · · Score: 2, Informative

      The LGPL still has conditions to use of the code. You may, for example, not forbid disassembly of code linked to LGPL code... The "GPL with linking exception" is better if you want no restrictions on code linking to your code.

    7. Re:GPL is nice LGPL is better. by RCL · · Score: 1

      Imagine that you wanted to start your car making business... and then you find out, that unless you are able to build a Ferrari, you'll fail: the market is filled with crude and unsafe (but extremely cheap) Chineese cars, which you can't compete with on price.

      That is the situation where GPL leads us to. Inability for small companies to profit from mplayer code means that only large companies like Microsoft or Apple will be able to sell closed source video players.

    8. Re:GPL is nice LGPL is better. by MaskedSlacker · · Score: 1

      You mean like the people who coded those tools specifically so they could have their own versions to do with as they pleased?

    9. Re:GPL is nice LGPL is better. by Drantin · · Score: 3, Informative

      However, small companies can take, modify and sell media players based on mplayer if they like, the only stipulation being that they have to follow the terms of the GPL when doing so...

      --
      Actio personalis moritur cum persona. (Dead men don't sue)
    10. Re:GPL is nice LGPL is better. by RCL · · Score: 1

      Selling GPL'd code is not that profitable as GPL explicitly allows redistribution at no cost. And selling the support requires that small company in question should have sufficiently large staff to handle all the numerous clients which is a contradiction (it's a small company after all). Besides, if your video player requires tech support to be used, it's probably a bad video player.

    11. Re:GPL is nice LGPL is better. by zeptobyte · · Score: 1, Interesting

      I'm just not sure I understand the logic behind "I wrote this piece of code. You're using it alongside your code. Therefore I get to dictate not only what you do with my code, but also with yours. And I do this because I don't want my code to become unavailable". There's two stupid statements there. First the clear one that you get to decide what I'm allowed to do with the code I wrote, because I'm using it with some of yours. And also the idea that if I weren't to make your code available, that no one could go up a level and get it straight from you. It's not as if the creation of a derivative work causes the original to disappear.

    12. Re:GPL is nice LGPL is better. by Jezza · · Score: 3, Interesting

      Then don't sell the code - sell a maintenance contract, or some other service around the code. For the video player you mention:

      Embed the GPL'd code into a product. Make the product shiny, stylish and nice (hardware). Sure everyone will know HOW the product works - but people will pay for a **whatever** that looks/feel nice and/or works well.

      Red Hat are doing OK. Even Sun Microsystems are doing it now.

      The GPL isn't "anti-business", it can work. Just stops you making money from software like Microsoft do. You need to "add value" to the product.

      The GPL isn't really about some abstract "protect the code" idea - it IS about protecting the end user. GPL'd code cannot come with a "ransom note":

      PaY mE mORe MOn eY oR yOU wOn'T gET t hE pATchES tO m aKE tHi S WOr K pROpeRL y, oR sTAy SeCU re

      If the success of your project is predicated on the obscurity of the implementation then the GPL is useless for that. There are legitimate reasons for this, but they are fairly rare. Most business case around software are quite compatible with the GPL.

    13. Re:GPL is nice LGPL is better. by RCL · · Score: 2, Interesting

      Well, I'm a programmer myself. If you are saying that I'm not "adding value" to the product, you don't value my job. Prior to saying that I should be stopped from "making money from software" make sure that you are able to implement all of applications you use yourself, or make sure that you're comfortable with using only "free" ones.

      And no, people won't pay for GPL'd program if they know they can have it for free, no matter whether it works or not. Even Slashdot uses CentOS, though they can probably afford sufficient number of RHEL subscriptions. And as I have already said, not every product can live off the support.

      If you succeed in making programming not profitable, then I just start violating GPL. And luckily for me, a Russian citizen, no Russian court is going to do anything against that, because GPL status in Russia is still unclear (we're not bound to contracts that are not written on paper, and license agreements in foreign languages are invalid if signed between two Russian subjects).

    14. Re:GPL is nice LGPL is better. by Xiph · · Score: 1

      as long as they provide the source for the tcp/ip stack and bundle it with windows, i don't mind.

      --
      Blah blah sig blah blah blah irony blah blah
    15. Re:GPL is nice LGPL is better. by kiddygrinder · · Score: 1

      Heh, i'm sure without mplayer there would be *heaps* of other proprietary media players, since real is only hanging on by the skin of their teeth since they open sourced their code (imho they'd be dead by now if they hadn't). Anyway, your point is pretty much moot, it's not like everyone can go back now and re-license all their code as lgpl unless they wrote the whole thing themselves.

      --
      This is a joke. I am joking. Joke joke joke.
    16. Re:GPL is nice LGPL is better. by Anonymous Coward · · Score: 0

      Whereas I don't understand "but I don't feel like letting anyone else do what you let me do! if you were really nice you'd help me be an asshole!" It's just so blatantly unfair.

      It's not as if the creation of a derivative work causes the original to disappear.

      BSD had to wait to be resurrected, years behind everything else, because a bunch of proprietary forks from workstation vendors soaked up all the innovative work and then died. If we had been just a little less sentimental about it, BSD would have disappeared.

    17. Re:GPL is nice LGPL is better. by Anonymous Coward · · Score: 0

      I wouldn't want to, his code is a pile of shite.

    18. Re:GPL is nice LGPL is better. by damburger · · Score: 1

      Ditto - I dislike the thought of someone taking something I have made available freely, packaging it into a project, and selling it. My instinct is to release under the GPL rather than BSD (however, due to the nature of my work, it is rarely my choice...

      That said, I am no license evangelist. If its your code, your project, license it however you feel like and good luck to you.

      --
      If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
    19. Re:GPL is nice LGPL is better. by init100 · · Score: 1

      If you succeed in making programming not profitable, then I just start violating GPL. And luckily for me, a Russian citizen, no Russian court is going to do anything against that, because GPL status in Russia is still unclear

      Sure, but good luck selling your stuff in a country that recognizes the GPL.

    20. Re:GPL is nice LGPL is better. by mcvos · · Score: 3, Insightful

      Then don't use it, and deal with it.
      It is also impractical for me to build a Ferrari, I don't steal them.

      Ofcourse you can decide what license your code has. You can make it closed source if you like. But then you can't claim your code is more free, can you? You restrict others with your choices.

      I know you're not talking about closed source but about GPL, but when I read your post, I realised that this exact same argument works for both. BSD grants freedom to people who want to use your code in their project. GPL and Closed source restrict that freedom. Closed source does it to keep freedom only to the original creator of the code, and GPL restricts freedom of derivative projects (to a much lesser degree, obviously) in order to ensure freedom for everybody else.

      But either way, your "deal with it" means that derivative projects have to deal with a limited freedom.

    21. Re:GPL is nice LGPL is better. by budgenator · · Score: 1

      If you succeed in making programming not profitable, then I just start violating GPL. And luckily for me, a Russian citizen, no Russian court is going to do anything against that, because GPL status in Russia is still unclear (we're not bound to contracts that are not written on paper, and license agreements in foreign languages are invalid if signed between two Russian subjects).

      So you're saying that in Russia there is no copyright laws? Acceptance of the terms of the GPL is what gives you the license to redistribute the copyrighted code.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    22. Re:GPL is nice LGPL is better. by RCL · · Score: 1

      If GPL really made programming unprofitable there would be probably no market for software in countries that recognize the GPL :) Software will be developed by volunteers who are funded by the government (by the way, pretty similar to the way software was developed in USSR).

    23. Re:GPL is nice LGPL is better. by RCL · · Score: 1

      Well, copyright laws are there. Copyright owners of the GPL code are still (theoretically) able to sue the Russian who incorporated their code in Russian court. What is not certain is whether GPL (as included with most programs, i.e. in English and without paper form) is recognized, e.g. you may have no rights to redistribute the GPL'd program in Russia.

      However, in practice, in a country where Windows is sold for mere few bucks (in 2006 prices) it is highly unlikely that anyone will be punished for violating GPL any time soon.

      GPL'd code is de facto public domain in Russia (and I guess in other parts of Eastern Europe, too).

    24. Re:GPL is nice LGPL is better. by X3J11 · · Score: 3, Funny

      If you succeed in making programming not profitable, then I just start violating GPL. And luckily for me, a Russian citizen, no Russian court is going to do anything against that, because GPL status in Russia is still unclear (we're not bound to contracts that are not written on paper, and license agreements in foreign languages are invalid if signed between two Russian subjects).

      In Soviet Russia, GPL violates you!

    25. Re:GPL is nice LGPL is better. by Just+Some+Guy · · Score: 3, Insightful

      That is the situation where GPL leads us to. Inability for small companies to profit from mplayer code means that only large companies like Microsoft or Apple will be able to sell closed source video players.

      Cry me a freakin' river. Your problem is that you're lazy and want someone to hand you a market.

      Here's a novel concept: find something and make a plan to get people to want it. When every TV had rabbit ears, someone figured out how to get people to pay to watch it. When water was free, someone found a way to sell it. The difference between those people and you is that they got off their butts and made it happen. They didn't sit at home whining that someone else was already giving something away.

      Can't compete with free? That's your problem. Either give people a reason to pay you anyway, or move on to a market that's not already wrapped up. I hear kids are buying video games these days. Could you do something like that, or would that be too much work for you?

      --
      Dewey, what part of this looks like authorities should be involved?
    26. Re:GPL is nice LGPL is better. by Alibaba10100 · · Score: 1

      There are a few profit models that work with GPL, but there are many more that don't. Take loss-leading, for example. If the PS3 were open source, there is no way Sony could afford to sell it at a loss. Currently only a small segment of the population can buy a PS3 repurpose it. If it were open source, you could easily distribute a software package that would turn it into a desktop PC. Sony couldn't sustain selling it to everyone who wants a cheap PC.

    27. Re:GPL is nice LGPL is better. by Anonymous Coward · · Score: 0

      Cry me a freakin' river. Your problem is that you're lazy and want someone to hand you a market.

      If the viral GPL gains sufficient foothold, than there will be NO part of the market that is not considered a commodity, and there will be no place for the vast majority of programmers to make any money, and software will die. You won't be able to build novel products on top of the existing stack, because your novel ideas will have to be GPL'd too, and there's just not enough money in the "give it away for free" market to sustain an entire industry.

      Money keeps people scrubbing the toilets. Enough of the stack gets locked up in the GPL, then there's very little toilet scrubbing incentive left.

      Fortunately this is very unlikely to happen, but I wish to god you wankers would stop pretending that selling services is going to fund anyone producing the likes of Mac OS X. Eventually software like Mac OS X will become a commodity, but then there will just be more non-free software further up the stack

    28. Re:GPL is nice LGPL is better. by Anonymous Coward · · Score: 0

      You are my hero ;)

    29. Re:GPL is nice LGPL is better. by jedidiah · · Score: 1

      I would like to chime in with a "ME TOO".

      This isn't about someone forcing you to license your code a certain way.
      This is about you whining that you can't take someone else's work and
      treat it as your own. The most vocal anti-GPL whiners seem to be the ones
      that have a problem acknowledging that the work of other's is not their
      own private personal property.

      The GPL only becomes a problem for some wannabe software robber baron
      when you try to take someone else's code and build something with it.

      Some CONTRIBUTORS like this idea. Some don't.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    30. Re:GPL is nice LGPL is better. by Just+Some+Guy · · Score: 2, Insightful

      If the viral GPL gains sufficient foothold, than there will be NO part of the market that is not considered a commodity, and there will be no place for the vast majority of programmers to make any money, and software will die.

      That's ignorant. Something like 95% of programmers are employed to write in-house software for their companies to use, and those jobs are perfectly safe from "the viral GPL". The only people who would stand to lose are the ones writing commodity software in the first place.

      --
      Dewey, what part of this looks like authorities should be involved?
    31. Re:GPL is nice LGPL is better. by jedidiah · · Score: 2, Informative

      You are essentially whining about the nature of free market compeititon.
      It is the nature of the market to make EVERYTHING a commodity. Even if
      it is tied up in patents and copyrights, eventually even those are meant
      to expire. Someone will build a better mousetrap. Someone else will do it
      cheaper. You don't even have to worry about a bunch of STUDENTS replicating
      your idea and giving it away.

      The fact that Apple can't stagnate or it will become irrelevant is what
      causes Apple to continue trying to push the state of the art. The fact
      that they are driven by external forced to improve is HOW IT SHOULD BE.

      Yeah, if what Apple wants to sell you can already be cobbled together by
      a bunch of freshman CIS students then they shouldn't have "some god given
      right" to be able to base their business off it. They need to move on andprovide genuine innovation.

      This situation where programmers can make money selling you this years
      rehashed version of a 20 year old idea with no real improvements is
      what the problem is. Hopefully Free Software will help kill that.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    32. Re:GPL is nice LGPL is better. by jedidiah · · Score: 1

      IOW you're not really comfortable with copyrights.

      That's what it really boils down to.

      One could say that you have a problem with property rights in general.
      If you are consistent you should have the same problem with arrangements
      regarding real property.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    33. Re:GPL is nice LGPL is better. by zeptobyte · · Score: 1

      I don't have a problem with property rights. I just want to be able to give whatever rights I feel like with property that I created. It's great that GPL developers want to contribute to the community, but they're not really. They're contributing to a very closed community. Only other developers who use the GPL can use GPLed code. The GPL itself isn't a problem. I'm fine with you putting whatever restrictions on your code you feel like. Just don't kid yourself into thinking you're helping the "community" any more than you would with a more permissive license.

    34. Re:GPL is nice LGPL is better. by BitterOak · · Score: 1

      Nah, they'll take your TCP/IP stack and stamp "(C) Microsoft corporation" on it. Just kidding.

      I don't know whether or not Microsoft actually used the BSD TCP/IP code or not, but if they did, it is one of the best arguments ever for the BSD license over GPL: interoperability. When free code can interoperate with well-established commercial code, it increases its chances of being used.

      Suppose back in the day, when Microsoft first added Internet capability to its operating systems, they decided not to use standard BSD code but instead wrote their own "TCP/IP stack". And suppose, as Microsoft often does, they had done it in a non-standard way, with non-standard extensions. Given the huge installed base of Windows PCs in businesses and homes, which set of standards do you think would have won out? The open Unix type TCP/IP, or the new, proprietary, Windows version of TCP/IP, with its undocumented and possibly patented extensions and incompatibilities? Imagine if we were all forced to have Windows simply to use the Internet?

      No, I like the BSD, and I'm stickin' too it.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    35. Re:GPL is nice LGPL is better. by Draek · · Score: 1

      If you succeed in making programming not profitable, then I just start violating GPL.

      And if you succeed in preventing me from getting the source-code, then I just start violating your license, and putting cracked copies of your program up in TPB. And an author of GPL'ed code from the US or the UK has a much better chance of prosecuting you in Russia for copyright infringement than you have of prosecuting the TPB guys in Sweden.

      Careful with what you wish for, or you may just get it, and between a programmer and a user, guess who stands to lose the most if copyright laws aren't respected.

      --
      No problem is insoluble in all conceivable circumstances.
    36. Re:GPL is nice LGPL is better. by PitaBred · · Score: 1

      So don't base your work on GPL work. It sounds like you want to take the GPL work and use it for whatever you want, without allowing the creator of THAT work to do whatever he wants with his rights.

      The door swings both ways, kiddo.

    37. Re:GPL is nice LGPL is better. by pfleming · · Score: 1

      Selling GPL'd code is not that profitable as GPL explicitly allows redistribution at no cost.

      No. The GPL explicitly requires distribution of the source code should someone who has already received a compiled copy of a work ask for the underlying source. It does not say that you have to give your source away to everyone.

    38. Re:GPL is nice LGPL is better. by zeptobyte · · Score: 1

      The creator of that work CAN do whatever he wants with his work, that's right. I'm just voicing my opinion on what I would like for him to do with it. :)

    39. Re:GPL is nice LGPL is better. by lilrobbie · · Score: 1

      The derivative work would not have been able to exist without my efforts though. So all I'm saying with the GPL license is that you are free to use my work, but only if you help me the same way my code has helped you. BSD allows you to be selfish and just take my code and build on it, without ever returning the favour.

    40. Re:GPL is nice LGPL is better. by RCL · · Score: 1

      Once you sell a single copy of your GPL'd program, the client is able to redistribute it to everyone at no cost.

    41. Re:GPL is nice LGPL is better. by Mayrel · · Score: 1

      I don't know whether or not Microsoft actually used the BSD TCP/IP code or not, but if they did, it is one of the best arguments ever for the BSD license over GPL: interoperability. When free code can interoperate with well-established commercial code, it increases its chances of being used.

      This is only an argument for BSD over GPL if you believe that a software license is superior if it leads to the code being used more widely.

      What some opponents of the GPL are apparently unable to comprehend is that many, if not most, GPL advocates don't care whether their code is the most widely used; they care about whether the users of their code are able to use it in freedom.

      Suppose back in the day, when Microsoft first added Internet capability to its operating systems, they decided not to use standard BSD code but instead wrote their own "TCP/IP stack". And suppose, as Microsoft often does, they had done it in a non-standard way, with non-standard extensions. Given the huge installed base of Windows PCs in businesses and homes, which set of standards do you think would have won out? The open Unix type TCP/IP, or the new, proprietary, Windows version of TCP/IP, with its undocumented and possibly patented extensions and incompatibilities?

      TCP/IP vendors already have undocumented and patented extensions and incompatibilities.

      Microsoft are able to get away with incompatible implementations of HTML because they control most HTML user agents.

      In networking, it is far more difficult to be incompatible. If Microsoft had decided to implement an incompatible version of TCP/IP, then Windows computers would not have been able to talk to the majority of the nodes on the Internet, including the really important ones: the routers.

      They would effectively have created their own partitioned-off version of the Internet, a kind of Microsoft Network, if you will. Which, of course, is exactly what Microsoft tried to do with the first incarnation of MSN.

      Despite the "huge installed base", that attempt failed because the customers didn't want an incompatible Internet service. Microsoft used the BSD-licensed stack so they wouldn't miss the Internet bandwagon. If they had actually been in a position to develop a proprietary set of protocols which would lock consumers into using Windows with the Internet, they would have completely ignored the BSD stack.

    42. Re:GPL is nice LGPL is better. by Mayrel · · Score: 1

      The parent didn't say that it did. It said that the "GPL explicitly allows redistribution at no cost", which is perfectly true.

      That means selling GPLed code is not in itself a sustainable business model, unless you are careful not to sell the code to anyone who would redistribute it at a lower cost.

  3. There is substance to the disagreement. by PaulGaskin · · Score: 5, Interesting

    It's not just semantics. GPL-advocates such as myself recognize the value of more permissive licenses such as the BSD license and the LGPL. BSD-advocates often fail to understand why the GPL is so successful.

    --
    Freedom is free.
    1. Re:There is substance to the disagreement. by SerpentMage · · Score: 4, Interesting

      >BSD-advocates often fail to understand why the GPL is so successful.

      Maybe because most successful open source projects aren't GPL!

      Sure Linux, and MySQL are GPL, but from a success perspective Apache, Python, PHP, Perl, Mozilla, etc are actually amazingly successful.

      Personally I prefer the BSD licenses or Mozilla type licenses.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    2. Re:There is substance to the disagreement. by setagllib · · Score: 5, Interesting

      I think what people really forget about the GPL is that it has a unique potential for dual licensing. Trolltech use this extremely well with Qt.

      If you want to write a non-free application based on Qt, you need to purchase a commercial license. Presumably you're making money off your application, so the cost of a Qt license is a perfectly acceptable cost. And if you're just writing a nice open source application, in one of Qt's accepted open source licenses (including, yes, BSDL), you're totally welcome to use the GPL Qt.

      It ensures the developing company gets a slice of the money made off their product, while leaving the code open and free for use in free software. It's a very solid model and it's done wonders for Qt so far, even while GTK+ is LGPL and 100% free for commercial use, just because the Qt technological offering is strong enough to excuse the tougher license.

      --
      Sam ty sig.
    3. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      Microsoft uses some previously BSD licensed code in every version of Windows since Windows 95, so I'd say that BSD code lives on in the most pervasive operating system on the planet. BSD licensors want their stuff to be used in any possible way, but want a bit of credit so they don't public domain it.

    4. Re:There is substance to the disagreement. by v(*_*)vvvv · · Score: 1

      Dual licensing is the way to go for any commercial software house. BSD doesn't really require dual licensing, because if you select BSD you can make a commercial derivative regardless, and if the creator were to restrict their BSD license in a way that would restrict commercial derivatives, then you would end up with a GPL type license anyway.

    5. Re:There is substance to the disagreement. by QuantumG · · Score: 4, Insightful

      Could you at least define "successful" before making such a huge claim?

      The article is about people using words that are confusing and here you are doing just that.

      Sheesh.

      --
      How we know is more important than what we know.
    6. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 1, Insightful

      And their success is due to their choice in licenses. By similar argument, the success of Microsoft Windows, Office, Exchange and the Xbox must be due to their closed source nature. Ex post facto, Linux must become closed source, if its ever to attain the popularity of windows.

    7. Re:There is substance to the disagreement. by Ian+Alexander · · Score: 1

      And vice-versa. I've seen plenty of GPL advocates who don't see any value to BSDL at all and plenty of BSDL advocates who recognize the values in GPL.

    8. Re:There is substance to the disagreement. by Hal_Porter · · Score: 5, Funny

      Personally I prefer the BSD licenses or Mozilla type licenses.

      I prefer the windows source code license, the true name of which I can't even mention here without being raped by lawyers. Vicious, orc like lawyers in blood stained expensive suits. But the language, the dark language of Microsoft legal composed at the feet of the Dark Lord Gates himself, has such power. One glimpse at it damned de Icaza to a life as wraith.

      If you only knew the power of the Dark Side.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    9. Re:There is substance to the disagreement. by Actually,+I+do+RTFA · · Score: 1

      I think what people really forget about the GPL is that it has a unique potential for dual licensing.

      It's not unique; it's just not shared by BSD

      --
      Your ad here. Ask me how!
    10. Re:There is substance to the disagreement. by MikeFM · · Score: 3, Insightful

      This article was really nothing more than a pointless one-sided rant. Why is flamebait being counted as being worthy of being posted?

      For all I care BSD fans can release their code under a BSD licence and GPL fans can release their code under a GPL license. To each their own. I use the GPL because I don't want my code to become irrelevant as changes are made by others and I don't want their changes kept locked up from the entire community. If others don't care about these things then it's up to them if it's their code. It's the difference between a sustainable free country and a country that is free for a short while before falling again into the hands of tyrants.

      It has absolutely nothing to do with linguistics.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    11. Re:There is substance to the disagreement. by KGIII · · Score: 4, Interesting

      I will try to keep this brief but I fear that being too brief will be seen as a troll as opposed to a true attempt to comprehend your viewpoint. With that in mind, I'd like to point out that the brevity of your statements isn't helping me to understand and, well, I really do want to understand. If I didn't than I'd post AC and I've never done so and see no reason to start now.

      With the preamble over let me see if I can ask my question(s) clearly. Please bear with me. My first, and really only, is how is GPL really "free?"

      I'm going to use only the information that I have and, hopefully, all of it. SMF, an open source (but free as in free beer) forum is not licensed under the GPL. Joomla! went to the FSF and they determined that all distributed code that allowed a GPLed product to be linked to another product meant that, with the advent of GPL3 which Joomla! uses, the product that it linked to was also required to follow the GPL3 license. This is just what I get from their interpretation and the end results.

      Now, SMF is a forum and many people used to use it to bridge the two together. The determination by Joomla! was that SMF could no longer distribute the bridge (which was agreed could be moved to the GPL3 license but that was still not acceptable) and SMF agreed to no longer distribute the bridge. People are still perfectly free to bridge the two together though many people simply can't do so.

      How is that free? If it is free than shouldn't I be allowed to create (and distribute) GPL code that allows non-GPL products to run on GPL systems? If it isn't allowed than what is WINE? Why is that okay? Wouldn't freedom be saying, "Hey, here it is. Do with it what you want in any way you want because I give it to you." Freedom, to me, isn't about saying that you can have something but you can only do what I tell you is allowed. The GPL (as is interpreted in the above example) isn't free at all. It is, in fact, adding limitations as to what one can and can't do with it to promote an idealism/agenda. I don't mind that it is promoting that agenda, I just don't understand people using the word "free" when advocating the agenda - and I am more disappointed when I see what can only be called hypocrisy within the advocates of that supposed freedom. I truly don't understand and would absolutely love to. It isn't that I've not tried to understand, it is that the advocates are often zealots who ignore the hypocrisy and rather than explain they turn into trolls. (Which you haven't done and that is why I'm asking you because you may actually have an answer.)

      To be short, I'll add that I don't often code much these days. When that was my job I had no control over how the code was licensed. Today, when I do have time or inclination to create something that someone might actually have a used for, I give it away for free. True freedom, no creative commons license, no GPL, no nothing. "Here, have this if you think you might want it." If it is compiled and people want the source than, by all means, I'll certainly give that to them too. I guess the difference is that I GIVE it to them meaning that they can do what they will with it and I don't have any reason (or desire) for them to return the changed code to me, to share any profits that they might make with me, to give me credit, nor to even thank me. I sure as hell don't code anything worth selling these days and if I did than I may very well give them the source just to see if they can do better with it than I.

      On those terms, again, with my limited experience with needing to work with the actual license, I'm going to have to say that it is my opinion that BSD is far more "free" than the GPL which, as I understand, actually restricts what one can do with it. "We'll give you the source code and you can use it as you'd like but if you distribute it you must also make the source code available with your changes attached." That is a restriction - not a freedom. Making someone do what you say is not allowing them to be free by any definition that I've ever seen.

      I guess that, to me, neither is entirely free and the BSD seems to promote less of an agenda than GPL3 does.

      --
      "So long and thanks for all the fish."
    12. Re:There is substance to the disagreement. by ivucica · · Score: 0

      Gnome? GIMP? BASH? Linux and MySQL are not the end of the world. In fact, I think BASH is the most popular product after Linux (as a kernel) itself.

    13. Re:There is substance to the disagreement. by RedWizzard · · Score: 4, Interesting

      It's not just semantics. GPL-advocates such as myself recognize the value of more permissive licenses such as the BSD license and the LGPL.

      BSD-advocates often fail to understand why the GPL is so successful.

      Yes, and it's really not complex: the BSD license doesn't promote (code) freedom, the GPL license does. The BSD license is designed for maximum freedom to use the code - anyone can use it for anything with only very minor restrictions. The GPL license is designed to ensure that the code stays free - it's more about spreading the philosophy of (code) freedom than letting users do whatever they want. That appeals to a lot of open source developers.

    14. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      Who the hell modded this up? Okay, so let's ignore Linux (the OS that this webserver runs on, not to mention basically half of the internet), GCC (the compiler used to build the webserver, Linux, and any other piece of software that your system is likely to use), GLibC (the C runtime used by practically every program running on Linux including those webservers), and MySQL, the most used SQL server on those servers... Just so we can prop up Apache, a handful of scripting languages and Mozilla (which is trilicensed, with one of the licenses being the GPL)

      Yeah, really logical argument there.

    15. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      The phrase you want is "post hoc, ergo propter hoc". What you're saying is that to attain the popularity of Windows, Linux must attain the popularity of Windows and then become closed source (ex post factor, or after the fact).

    16. Re:There is substance to the disagreement. by BPPG · · Score: 1

      IANAL, and I haven't thoroughly examined GPLv2 or v3, but for the Joomla! case I'm pretty sure the SMF people could have just forked an older GLPv2 release and just used that. Or am I misunderstanding?

      In general, you get loads of freedom with the GPL. Just as long as it's GPL. If you want to use previously GPL'ed code, you can't always have your cake and eat it too. As the article tries to point out, the freedom is in the access to code, but not always in the way you can use it. Which is necessary for people that want their code to exist and compete with proprietary software. The GPL does what it's intended to do, and does it very well, it just may not do what everyone wants it to do.

      --
      What's the value of information that you don't know?
    17. Re:There is substance to the disagreement. by Hes+Nikke · · Score: 2, Insightful

      You should really use BSD rather than just giving away your code. With BSD, you get credit on all derivatives, AND you have a liability clause to protect you from law suits.

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    18. Re:There is substance to the disagreement. by the_womble · · Score: 4, Interesting
      In other words the GPL is more business friendly from the point of view of the developer - for example, you can ensure that proprietary competitors do not simply take chunks of your code and put it in their products.

      The BSD can be characterised as more anarchist: you give your stuff away for the public good with no expectation of reward. Very laudable, but it does not seem realistic in a capitalist world.

      I realise this is not altogether fair, but it is a stronger argument that common "BSD is more business friendly".

    19. Re:There is substance to the disagreement. by KGIII · · Score: 1

      You are misunderstanding and I'm sorry... I blame me. They COULD have GPLed an older version but that would have been counterproductive. They use an expensive proprietary license (open source but no derivatives) and having an older version GPLed would not have been effective. (Simple Machines Forum = SMF) IANAL either, this was the FSF's interpretation of GPL3. I'm positive that GPL does what it is meant to do - and does it well. My desire is to understand why people call it "freedom" when it truly restricts freedoms as I see it. (No, don't think I said liberties, I said freedoms. The GPL provides liberties while restricting freedom - as is true with most everything including, say, laws. No problem there.) SMF has a lot of money invested in their license just to prevent it from forking. If an older version were GPLed than someone may claim that the current version is a derivative of it and demand the GPL rights associated with it (including the rights to distribute and modify). The reason that they have that license is to keep it consistent (as is their choice) while prohibiting forking as the original authors wanted.

      --
      "So long and thanks for all the fish."
    20. Re:There is substance to the disagreement. by synthespian · · Score: 0

      You have to be retard to submit your code to dual-licenser.

      Wot? You make money and I can't?

      It's called game-theory dude. I won't let you win unless I play the same rules (BSD).

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    21. Re:There is substance to the disagreement. by CandyMan · · Score: 2, Informative

      Mozilla is in fact under a triple license at the choice of the licensee. You can pick whether you want to reuse its code under the LGPL, the LGPL-like MPL (weak copyleft, allowing proprietary derivatives as long as modifications to the MPL code is published with source and under the same license) and the GPL (strong copyleft, no proprietary derivatives). In any case, all three of those licenses have some form of copyleft.

      --
      http://barrapunto.com/ - News for nerds, en español
    22. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 1, Insightful

      There are always two sides. GPL is better for the company that writes the code. BSD is better for the company that uses the code.

    23. Re:There is substance to the disagreement. by Madcat123 · · Score: 0

      The reason GPL is so successful (popular, widespread) is because it requires all derivative work to also be GPLed, so you've got an avalanche effect going on - the more code is written on GPL, the more future work is FORCED to use GPL (because they wish to reuse code). It's a great marketing trick and customer lock-in method; on the other hand, in the BSD licence there is no such requirement so derived works will be licenced on a large number of different licenses, thus seemingly lowering its popularity.

      Alo.

    24. Re:There is substance to the disagreement. by KGIII · · Score: 4, Interesting

      I have read the license, all of it, and mostly agree with your views. Since I had a huge issue with an NDA and non-compete I have had a liar (lawyer) on retainer and keep that retainer going though it is for business reasons now. (He happens to be very good and to be a fellow alumni.) Anyhow... I have asked him, in passing instead of as a pressing matter, and his response is that if I were to knowingly give an unstable person a steak knife and they stabbed someone in the eye with it that I'd probably be legally accountable. I author a few scripts or snippets and leave them where they can be copied or downloaded.

      Now that I think about it, I probably should... Thanks for making me think about it. I'm horrific at analogies but I'm pretty sure that if I (and I don't have any nor do I think I do but bear with me and I did say I was horrible at it) an AIDS infected needle in my trash and someone rooted through it on the street corner and was infected that I'd be held liable in today's court system - more so if it was a sanitation worker who was infected. We are a lawsuit happy society so I probably ought to though I'm not sure if it really truly conforms to my idea of freedom.

      Let's say I gift you something? Free, true free. I give you, say, a picture of a landscape that I thought was beautiful and that you'd like it. Give. Just give. Do you still want it if you have to tell everyone that comes through the door that I gave it to you? Is it free if I tell you that you can have it but that you must attribute it to me even if you put it into a different frame?

      I guess it stems from my childhood where I was told by my parents that it was perfectly okay for me to give stuff away but if I did that I didn't have to expect something back and that if I gave something away and they then gave it to give it or sell it to someone else that that too was okay.

      --
      "So long and thanks for all the fish."
    25. Re:There is substance to the disagreement. by michaelz · · Score: 2, Interesting
      I fail to see the statement

      If you want to write a non-free application based on Qt, you need to purchase a commercial license.

      I think Trolltech has no way of controlling the GPL-version. When I download it and use their code in a commercial application it is no problem at all. All you have to do supply the code under GPL again, but I could still request an certain amount of money for it.

      To be honest, when I download linux or QT, according to GPL I should be able to compile and sell it. As long as I give the code or the possibility to get the code.

      The dual-licensing is nice, but certainly not something that can stop commercialism by other companies. I don't think Red Hat or SuSE pays Trolltech, though the products they create with it are quite commercial. And you could easily fork the GPL version and enhance it as well.

    26. Re:There is substance to the disagreement. by KenRH · · Score: 5, Interesting

      Why do we restrict your freedom to drive at 140 mph down a crowded inner city street?

      To protect others freedom to walk around without getting killed.

      I the same manner the GPL has some restrictions to protect other freedoms. One can argue where the balance is to be and several open source licenses are awailable as the result of people disagreing on this balance.

      On the other hand we can not put aside the fact that the GPL also has a political agenda, to increase the amount of FOSS software by making a large amount of code, libaries and software under a licence that makes it imposible to close source it thus making it quicker and easier to develop new software if one can open source it and use FOSS libaries and code.

      Most programmers/coders in the world, and most of the money in IT are not made by selling software but by (like myself) bulding custom systems and custom software for a spesific customers.

      For this use open source works fantastic.

    27. Re:There is substance to the disagreement. by Nursie · · Score: 1

      Good point, but that's not the only reason.

      In my opinion it's also about effort - I've put in this much effort and given the result away. If you want to use it you'll give your effort away too, otherwise do it yourself.

    28. Re:There is substance to the disagreement. by growse · · Score: 3, Interesting

      You're working on a flawed assumption: That by default code (or any creative work) has no restrictions on it.

      This is obviously false. If I create some code and don't attach any license to it, that code isn't 'free'. You can't copy it, you can't distribute it. This is covered by copyright law. The GPL license basically says "Here, take this code, it's free. Do what you want with it, except distribute it. If you want to redistribute, you've got to follow these criteria". That's it. There's nothing stopping you taking GPL code, linking it to whatever you want and using that. Google have a ton of GPL code all hooked up to proprietary stuff and have no legal issues because they don't *distribute* that code to customers. They are the end user. They are free to do what they want. GPL code is free to use. GPL code is not free to distribute, unless you follow some criteria.

      The GPL doesn't restrict what you can do with the code, copyright law does. The GPL is permissive, but it's not fully permissive which is what the BSD could be described as being. This is fine, and is an idealogical difference, but please lets not go around saying that the GPL is "OMG TEH MOST RESTRICTIVE THING IN THE WORLD", because that just demonstrates to the world that you don't understand copyright.

      --
      There is nothing interesting going on at my blog
    29. Re:There is substance to the disagreement. by Strilanc · · Score: 4, Insightful

      BSD is about giving to the world.
      GPL is about changing the world.

    30. Re:There is substance to the disagreement. by kiddygrinder · · Score: 3, Insightful

      I don't think of the code i release under gpl as free (except as in beer), i worked hard on it and if you want to use it you have to pay me back in kind.

      --
      This is a joke. I am joking. Joke joke joke.
    31. Re:There is substance to the disagreement. by QuantumG · · Score: 2, Insightful

      People often confuse "commercial" with "proprietary".. including the good people at Trolltech.

      --
      How we know is more important than what we know.
    32. Re:There is substance to the disagreement. by Hognoxious · · Score: 1

      When I download it and use their code in a commercial application it is no problem at all. All you have to do supply the code under GPL again,

      If they can enforce that, they can enforce the "if you get paid, we get paid" part. By using their code, you've agreed to contract, and if you don't keep to the terms of that contract you're legally in the wrong.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    33. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      IMHO, GPL is just a reaction on Embrace-Extend-Extinguish moves that can deprecate BSD, (i.e. free) software with closed, proprietary replacements. That's all the difference, GPL is a sort of BSD which was hardened against EEE. Admittedly, as long as BSD project is striving and enduring attempts of proprietary competition, as long as it keeps an initiative, an edge, it is safe. GPL is a little bit more paranoid at it but it pays to be cautious.

      Last but not least, GPL is good for business: it gives incentive to other businesses to offer you money for your work (dual licensing), while BSD doesn't, they can take it for free (as in beer).

    34. Re:There is substance to the disagreement. by Darfeld · · Score: 1

      That is insightful. Clearer than TFS in any case and so catchy. And both "side" can be happy with it.

      I think it say it all.

      --
      (\__/) This is Lapinator
      (='.'=) copy it in your sig
      (")_(") so it can take over the world
    35. Re:There is substance to the disagreement. by baadger · · Score: 2, Interesting

      If you want to write a non-free application based on Qt, you need to purchase a commercial license. Presumably you're making money off your application

      Here you are assuming "non-free" always means non-free-gratis as well non-free-libre. The critical point for me is, noone can use Qt to write closed source freeware and, personally, I just don't see what harm it does to the development of Qt for a closed source freeware application to use it.

      To apply the dual licensed/commercial model to the lemons metaphor: Trolltech see the situation as: "Hey you should either pay me for them lemons or give your lemonade away for free like I give away my lemons!" whereas I see things as "Hey, as long as you don't expect or demand an unfair amount of free lemons from me (i.e. more than anyone else), feel free to make a tidy profit selling that lemonade, and if you want to help me grow more lemons later, it would be very much appreciated, because I just enjoy growing lemons!".

      I don't think Qt's *commercial* success has anything to do with it being dual licensed, and everything to do with it being a better product than GTK+ (IMHO, of course). I'm not bashing their model, it is a good one and benefits both Free Software (free-libre) and helps create an all round better GUI toolkit, it is just that idealogically, IMHO, it would be better if it also free-gratis for other people making free-gratis-ware. That said, I don't know how this would work when companies like Opera give away their desktop product (which uses Qt) but obviously make money licensing browser technologies in the mobile and game console space...

    36. Re:There is substance to the disagreement. by bonefry · · Score: 1

      A picture only takes a few moments to create. But creating good software is one of the most difficult tasks of humanity.

      When you've put thousands of hours of work into a project, do you really want to give it away for free without even getting credit for it?

      How's the stupid?

    37. Re:There is substance to the disagreement. by Project2501a · · Score: 1

      I'll answer that

      The GPL (as is interpreted in the above example) isn't free at all. It is, in fact, adding limitations as to what one can and can't do with it to promote an idealism/agenda.

      Freedom is not without restraint. Freedom, as it is defined in the GPL, is the ability of any end-user[1] to modify the source code. So, in that sence, it is free as in liberty
      [1] end-user ::= {end-}end-user (BNF)
      the main idea is that in the face of an ever shrinking freely-usable-by-anyone codebase, you are more constrained as a programmer to implement a solution.
      Hypothesis, please criticize:
      The ultimate goal of the GPL is the abolishment of IP rights. In Marxist terms i think that until the time when copyright/IP is abolished, any license other than the GPL would be counter-revolutionary, since any of them does not help enlarge the free software pool, but it helps enlarge the PD/IP pool. I would count even the BSD license as counter-revolutionary since it allows for source to be closed up again

      --
      ----
    38. Re:There is substance to the disagreement. by KGIII · · Score: 1

      No, we can't push aside the agenda. I get paid well at times for doing custom work. When I do so I release the code to the owners and don't ever restrict them from what they can do with it. That, to me, is freedom. (Free as in they can do the things that they want with it, not free as in they have to do what I tell them they can do.)

      --
      "So long and thanks for all the fish."
    39. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      For all I care BSD fans can release their code under a BSD licence and GPL fans can release their code under a GPL license. To each their own.

      ..and then he goes off to tell us how BSD will lead us to TYRANNY! Really..

    40. Re:There is substance to the disagreement. by mcvos · · Score: 1

      BSD is about giving to the world.
      GPL is about changing the world.

      This is the most insightful post about this topic I've seen in a long time. BSD wants to share, GPL wants to change the world. And they're both quite successful at it.

    41. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 1, Insightful

      Way to generalise. You may see the value of BSD-style lisences, but that's an exception, not the norm.

      I prefer BSD, but I can see why others would prefer the GPL, even though personally I dislike it. I won't speak for anyone else, and I won't imply that I'm the norm. I also won't spout that "it's not us, it's them" bullshit you just did.

      The problem isn't philosophical or linguistic, it's that people in either camp have their heads too far up their own asses. Really, who gives two shits if someone else doesn't like your favoured lisence, really? People like to bicker over inane things. You like GPL, use GPL, just don't preach at me. I like BSSD, I'll use that, and I don't really give two shits if people think it's immoral, and I care even less if people use another lisence.

      The hilarious thing is that this article is going to result in nothing more than another BSD vs. GPL flamewar, and people either completely missed the point, or have played right into the troll's hands.

      It's a copyright lisence, not a bloody religion. Really, who cares if people have different opinions, or if one's definition of "free" differs from another's? It's pointless chest pounding, it's childish, it's petty, and it's a waste of time. Do your thing, let others do theirs. It makes you feel smug and moraly superior, more power to you, just don't force it on others.

    42. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      Any normal person understands freedom should have bounds to stop us from treading on each others freedeom - such as anti-murder laws, you dont have the freedom to kill people.
      same way(with the gpl), you dont have the freedom to build on others work and lock it away.
      if you dont like the gpl, dont use it - or code under it. Although, we would rather you come share with us :)

    43. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      I think you are confusing "Licensed" software with "Public Domain" software. In a sense you are correct the only truely free software FROM A USER point of view is PD.

      From a developer / community point of view the GPL and BSD both offer freedom to users down stream, but within the terms of the license. The problem with incompatibilities between licenses is well known and does mean that certain software cannot be combined without dual licensing or specific exceptions.

      This does not mean that the software covered is not free as in speech, just that you cannot combine it with other software that would allow GPL code to become non-free.

      The main difference between the BSD and GPL licenses is that GPL requires a Quid Pro Quo in that if you modify and redistruibute the software you must publish the source code for the changes. BSD License allows for code to be made closed.

    44. Re:There is substance to the disagreement. by KenRH · · Score: 3, Insightful

      Of cource the customer desides the license for the code they pay you to write!

      But the discussione might go like this:
      I can do this in 200 hours using this and this libary but the result must be under the GPL (if you ever need to redistribute it)
      or I can spend 300 aditonal hours reimplementing this GPL-libary
      or you can buy this similiar libary from company X for Y$(probaly cheaper than reimplementing, but the we will have to rely on company X for bugfixes)

    45. Re:There is substance to the disagreement. by michaelz · · Score: 1

      Might be just me, but if they enforce a "payment" it's no longer GPL-compatible.

      They supply the code for free in GPL, thus enforcing that any derivative work should be GPL as well. According to GPL, you can sell the derivative work because you have the same rights as the developer. You should supply the source-code (and of course under GPL) as well though.

      The whole part about "dual-licensing" is that they offer a GPL-version for free. If you want to make a derivative work that is closed-source, you should buy a license from Trolltech and then you get the code under a different license.

      The whole thing about GPL is that you agree to keep it open and supply the code to the customers. That does not necessarily grant it to bee free in price. You can create an GPL-licensed application and selling it for millions. As long as you grant the customer the source-code if he requests it according to section 3b of the GPLv2 (which Trolltech uses). If you supply your code to the customer, he has the right to freely distribute it as according to section 6.

      Always keep in mind that GPL is free as in Beer, you can buy it and do anything you want with it. It just doesn't necessarily means the product is free at first hand though.

    46. Re:There is substance to the disagreement. by iangoldby · · Score: 5, Insightful

      Why was this modded +5 Insightful?

      You don't have to read the article very carefully to realise that this is exactly the misunderstanding the author is trying to fight.

      Code != Project

      If you don't get this then you'll never have the necessary understanding to engage with advocates of the BSD license in any meaningful way. You can't argue meaningfully against something that you don't understand.

      And this is precisely why it has a great deal to do with linguistics.

    47. Re:There is substance to the disagreement. by Goaway · · Score: 2, Interesting

      You know, the grandparent poster already explicitly mentioned Linux and MySQL as successful. Now, gcc is certainly a worthy addition to the list.

      However, you seem to think Linux is the be all and end all of open source software. Apache runs on far more computers than Linux machines. Libraries like libjpeg, libpng and zlib are in wide use across every OS out there, and none of them are GPL, which is no doubt a large factor in their success. SQLite, too, is spreading like wildfire.

      In contrast, glibc is mostly only ever used on Linux installations, and is far less popular than the previously mentioned libraries.

    48. Re:There is substance to the disagreement. by Jurily · · Score: 1

      Apache IS in fact successful because of the licence.

    49. Re:There is substance to the disagreement. by Jesus_666 · · Score: 1

      People often confuse "commercial" with "proprietary".. including the good people at Trolltech.

      Because a proprietary app that can be freely copied doesn't have much potential to be successful, unless it's tied to something else. You can just take the code and build your own version. See RHEL and CentOS - RedHat can sell RHEL because it's tied to support contracts; everyone who doesn't want to purchase a contract can freely use CentOS.

      You could do something like a commercial FOSS game (free program but closed data), but that kind of model doesn't work for every kind of program. So most commercial apps are going to stay closed.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    50. Re:There is substance to the disagreement. by Jesus_666 · · Score: 1

      Exactly.

      To coin yet another catchprase:
      BSD is about making my code available to everyone.
      GPL is about everyone making my code available.

      Both aim to encourage code sharing; BSD tries to reach more people with the same amount of code and GPL tries to increase the total amount of shared code. Both have their uses, neither is a silver bullet and sometimes neither is appropriate.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    51. Re:There is substance to the disagreement. by Alibaba10100 · · Score: 1

      From reading the OP, I can only conclude that your definition of flamebait is "any statement someone present is likely to disagree with". I'd love to see a forum based on that. Well, we already have Opera.

    52. Re:There is substance to the disagreement. by moosesocks · · Score: 1

      Erg.

      GPL is about giving to the world, and expecting something in return.

      That's not necessarily a bad thing, but please don't use empty rhetoric in this sort of argument.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    53. Re:There is substance to the disagreement. by AmaranthineNight · · Score: 1

      A picture only takes a few moments to create.

      Tell that to a photographer. A picture can take a long time to create, and often does if it's done right.

    54. Re:There is substance to the disagreement. by AmaranthineNight · · Score: 2, Insightful

      To your picture analogy, the BSD license is more like your signature in the bottom right hand corner, and you tell the person you gave the picture to that they can't crop it out, but if they want to use it in a collage and sell it, it's fine with you, so long as your signature stays on it.

      The problem with the frame portion of the analogy is that "changing the frame" doesn't substantively change the character of the work, but using code from a BSD project often (usually?) does.

    55. Re:There is substance to the disagreement. by bigstrat2003 · · Score: 1

      Why do we restrict your freedom to drive at 140 mph down a crowded inner city street?

      To protect others freedom to walk around without getting killed.

      The difference is that lack of access to the source code is not actually harmful. Sometimes, restriction of freedom is necessary, as you point out. The GPL, however, restricts freedom for no reason except to try to cram RMS' ideals down people's throats, and that ain't cool.

      And despite this, I still wouldn't have a problem with that behavior if the GPL didn't claim to be "free". I could live with the lack of freedom in the GPL, it's the hypocrisy that irritates me.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    56. Re:There is substance to the disagreement. by Hognoxious · · Score: 1

      Might be just me, but if they enforce a "payment" it's no longer GPL-compatible.

      I don't see how it's any different to material that is labelled "free for non-commercial use", i.e. you have to pay if you are using it commercially. As I understand it nothing in the GPL forbids selling software. perhaps I should read TFA...

      Now I'm not not sure if that fits the GPL[1] specifically, but I don't see the problem with it from either a legal or a moral standpoint - if you don't like the conditions, then don't use it - use something else or write your own.

      [1] Even if such a thing existed - there are several versions and flavours.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    57. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      I think you both have a misconception. GPL does not have a "unique potential for dual licensing". Copyright holders can license their stuff however they want to whomever they want. So having different licenses for commercial and non-commercial is a side-effect of owning the copyright to a piece of code not the licenses you choose to use.

    58. Re:There is substance to the disagreement. by Hatta · · Score: 2, Insightful

      The only freedom the GPL (of any version) restricts, is the ability to remove the freedoms of others.

      It's really that simple. It may seem at first that it's restrictive because you can't distribute binary copies, etc.,etc. But that's just guaranteeing my freedom to inspect and modify the program. If I get a binary copy of a BSD program, even if I'm technically allowed to do anything I want to it, my actual freedom is limited because I don't have the source code. This is far less free than the situation with the GPL.

      --
      Give me Classic Slashdot or give me death!
    59. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      The difference is that lack of access to the source code is not actually harmful

      Example: My company uses a small but critical (IBM mainframe z/OS + CICS) specialist closed source application which it would cost a *huge* amount to get out of; we have a perpetual license and also pay 15% of this amount p.a. for maintenance. We were happy enough with this. The company that supplies it has however now shrunk to one person. As it stands, if he dies or is incapacitated tommorrow we're in serious trouble. Support would cease and we would have no source code. If we were lucky, some other company *might* buy the product and give us support.
      If we had the source, I or any of my colleagues (20 years + sysprog experience) could easily support the product to the required degree (typically a few small fixes every year or two to allow it to work under new z/OS or CICS versions).

      As it is, we've decided we need to pay for source escrow and this looks as it it could be very expensive and almost certainly will never benefit us at all.

      So don't tell me lack of access to source isn't harmful. It's directly harming our bottom line.

      (And yes, I know we should get out of such a product and we shouldn't be in this position but decisions were made in the past and we have to deal with them).

      I could live with the lack of freedom in the GPL, it's the hypocrisy that irritates me.
      If GPL supporters believe genuinely that the GPL restricts certain freedoms to preserve greater freedoms and the overall result is more free than (say) BSD, then they may be correct or they may be mistaken, but they either way they are not hypocrites. Hypocrisy would be (say) claiming the GPL is more free while not actually believing it. I hope you understand the difference.

    60. Re:There is substance to the disagreement. by Hatta · · Score: 1

      I think it's better this way:

      GPL is about giving to the world.
      BSD is about taking from the world.

      --
      Give me Classic Slashdot or give me death!
    61. Re:There is substance to the disagreement. by sp332 · · Score: 1

      Bull. GPL is about giving to the world, and expecting the people in the world not to screw each other over with your code. It's a morally defensive license: making sure no one's frredom can be taken using your code.

    62. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      Wine is distributed under the LGPL, not the GPLv3. The LGPL is quite similar to a BSD-style license.

    63. Re:There is substance to the disagreement. by Kryos · · Score: 1

      I would also argue that X11/xorg is a fairly successful project, and it uses neither GPL or the BSD license.

      It also shows us what happens when upstream tries to change the licsense to something the community doesn't like.

      --
      Now everybody's equal, just don't measure it. -Bad Religion
    64. Re:There is substance to the disagreement. by jythie · · Score: 1

      GCC, glibc an the Linux kernel allow you to create works using them, so the are not the best example here. The bulk of the things 'using' them get around the 'derived works' issue. They actually act very BSD in that regard.
       
      Someone who writies and application using GCC (and thus including bits of gcc within it'self), linking to glibc, or talking to the kernel does not have to GPL that program.
       
      If either of these 3 components required anything that touched them to be GPL too then they would probalby not be very successful since many programmers would seek a more permissive tool to build things off of.

    65. Re:There is substance to the disagreement. by jythie · · Score: 1

      Conversely though it also makes it more difficult to hide details from your competitor or to convince an underwriter that you have a secure chain.

      And thinking about it, GPL does not really stop your competitor from integrating chunks of your code into their stuff, it just makes it easier (assuming lawsuit) to grab some of their stuff back. If they do not add any value then they gain but you do not.

    66. Re:There is substance to the disagreement. by the-matt-mobile · · Score: 1

      > I think what people really forget about the GPL is that it has a unique
      > potential for dual licensing

      So, I have a legitimate question. If Bob takes the GPL'ed QT and extends it and releases a "QuTie" product under the GPL, then can Troll Tech incorporate those extensions back into their QT product and still sell a commercial license? Can't they only dual license when they have the copyright? Bob released his code under the GPL, and not Trolltech's commercial license, so my understanding is that Trolltech should have no ability to incorporate Bob's code in their commercial product. Doesn't this entirely defeat the share-and-share alike point of GPL'ed code? I think people forget about dual licensing because it only works on a product where you're the only one holding the copyright to all the code so that you can choose the licensing. Please correct me if I've misunderstood.

    67. Re:There is substance to the disagreement. by nacturation · · Score: 1

      To your picture analogy, the BSD license is more like your signature in the bottom right hand corner, and you tell the person you gave the picture to that they can't crop it out, but if they want to use it in a collage and sell it, it's fine with you, so long as your signature stays on it.

      The problem with the frame portion of the analogy is that "changing the frame" doesn't substantively change the character of the work, but using code from a BSD project often (usually?) does.

      Continuing the BadAnalogyGuy-inspired analogy, the BSD picture says you can't remove the photographer's signature when you display it in your house. The GPL picture says that if you display it in your house, you have to let anybody walk through your house and look at anything they want anytime they please.
       

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    68. Re:There is substance to the disagreement. by alexborges · · Score: 1

      Yeah... gcc is not succesful, the GNU toolset is not successfull, gnome is not successfull, all that GPL stuff that gets bundled in every single Unix is not successfull, emacs is not successfull.... shall I go on?

      And of course! other software with other licenses is ALSO very successfull... GOOD, aint it?

      Its not one OR another license. Its WHEN to use one and WHEN to use another that matter.

      --
      NO SIG
    69. Re:There is substance to the disagreement. by AmaranthineNight · · Score: 1

      Continuing the BadAnalogyGuy-inspired analogy, the BSD picture says you can't remove the photographer's signature when you display it in your house.

      I'd say "displaying it in your house" is analogous to using the software, not distributing it so to correct your analogy:

      The BSD picture says you can't remove the signature when you use it in another piece of work (the collage). The GPL picture says that if you include their picture in the collage, you must allow everyone else to use your pictures in their collages... but enough with the bad analogies...we're kinda running off topic.

    70. Re:There is substance to the disagreement. by SiChemist · · Score: 1

      I have no mod points, so you will have to settle for my thanking you for making me laugh out loud at work.

    71. Re:There is substance to the disagreement. by alexborges · · Score: 1

      Well... youre giving away legal problems.

      Your "give away" of your code actually puts it not in the public domain, but under full copyright law (at least in my country). I wouldnt touch your code with a 12 meter pole.

      --
      NO SIG
    72. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      I agree: I would consider having a fairly successful and extremely elegant commercial product based off of your work to be a form of success. There couldn't have been an OS X without BSD, and OS X is basically the nicest, most user-friendly POSIX OS you will ever see.

    73. Re:There is substance to the disagreement. by SiChemist · · Score: 1

      I can't mod you up, but I will post to say "well done!" I am glad someone understands what the word hypocrite actually means.

    74. Re:There is substance to the disagreement. by Draek · · Score: 1

      With the preamble over let me see if I can ask my question(s) clearly. Please bear with me. My first, and really only, is how is GPL really "free?"

      It's "free" as in "more free than software without a license", which, unlike what you may think, isn't automatically in the Public Domain (the one true free "license"), but rather is bound by the default copyright regulations such as "no copying" and "no redistributing".

      Yes, it doesn't give you *all* the possible freedoms, but that's a matter of balance. For example, in most countries you aren't allowed to keep slaves, and while that *is* a restriction on our freedoms, it is more fair in the opinion of most. Same with your example, it may be one less freedom they, and we as users, have, but in the opinion of the decision-makers (the developers, in this case) and the community behind them, we're better off without it.

      Though of course, since it's easier to switch software licenses than it is to change the rules of an entire country, we have things like the BSD license which tilt the balance between justice and freedom even more in favor of the latter, but that again, is just a matter of balance.

      Neither are hypocrites, it's just that they aren't anarchists, either.

      --
      No problem is insoluble in all conceivable circumstances.
    75. Re:There is substance to the disagreement. by PitaBred · · Score: 1

      Gnome? GPL. KDE? GPL. Whoops, that's both of the major DE's, and most of the smaller ones are also GPL'd. You're stuck with text mode if you only want non-GPL software.

    76. Re:There is substance to the disagreement. by PitaBred · · Score: 1

      I think he actually probably meant "ipso facto", which makes a little more sense.

    77. Re:There is substance to the disagreement. by PitaBred · · Score: 1

      No, they can't roll his code into their product. They could take some of the ideas, but if the code matched, there would be some issues unless they bought the rights from Bob (he releases it under the GPL due to the license he got the code under... if they negotiate a different license between the two parties, there's no problem). Any other questions?

    78. Re:There is substance to the disagreement. by pfleming · · Score: 1

      I'm positive that GPL does what it is meant to do - and does it well. My desire is to understand why people call it "freedom" when it truly restricts freedoms as I see it.

      The GPL does what it does by granting the users of software the freedom to see how it does what it does. It gives me the freedom to see how the kernel does things. That's why people call it freedom. That was Stallman's whole reason for the GPL. It prevents you from locking up code so that I can't see it. If you choose to use GPL code then you agree to release the source to the end users.

    79. Re:There is substance to the disagreement. by QuantumG · · Score: 1

      "commercial" doesn't mean "selling" either.

      Say I write myself an app to apply some tax rule.. I use the software in my job as a tax accountant. I'm charging my clients for my expertise and some of that expertise I have embedded into this software, which I don't distribute to anyone.

      Say I use Qt to make the interface for this little app. Trolltech will tell you that I need to buy a commercial license from them.

      If I was using MySQL, they would tell you the same thing.

      They are both dead wrong according to the FSF, or just about any lawyer or layman on the planet, but because they get so many people to cough up for commercial licenses by threatening to sue, they are quite happy to fool themselves into believing that they have the right.

      --
      How we know is more important than what we know.
    80. Re:There is substance to the disagreement. by PipsqueakOnAP133 · · Score: 1

      Hmm, doesn't that kinda suck for TrollTech? They're releasing a product which provides others with free code, but not allowed to incorporate fixes/improvements from those users, right?

      I'm guessing the GPL has a clause making it not possible to add a clause for the GPL'd version stating that all changes must be licensed to TrollTech for both versions?

    81. Re:There is substance to the disagreement. by magus_melchior · · Score: 1

      Apache license: Nearly every Linux and BSD-based hosting service uses Apache. If the website's servers aren't running Windows, chances are it's running Apache to serve up pages. That's a lot of servers, no matter how you slice it.
      Mozilla license: The number two browser on the 'net behind IE is Firefox, which has, surprise, the Mozilla Public License.

      As for the others, aside from PHP the success may be exaggerated.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    82. Re:There is substance to the disagreement. by BPPG · · Score: 1

      It is free. But it's a protective sort of free. That's why in some logo and fanart images, the GPL is depicted as a shield, or armour.

      There's really no good analogy for it, but my favourite has always been the scuba tank one. You can go deep sea exploring now, but you need to have a big chunk of rubber in your mouth. It is a license for the sake of _not_ drowning in other licenses.

      unfortunately, this aspect does kind of ram the 'free software' aspect of it down people's throats. But that's what it was made for. The day people stop using the GPL will be the day software licenses are abolished altogether.

      --
      What's the value of information that you don't know?
    83. Re:There is substance to the disagreement. by QuantumG · · Score: 1

      "counting users" is not how GPL advocates measure "success". That's the point. That's why its so important to define your terms.

      --
      How we know is more important than what we know.
    84. Re:There is substance to the disagreement. by Jesus_666 · · Score: 1

      In your case, there is another "something else" at work: The ability to actually get the program. Your business model would work as long as you kept the user base exclusive. It would stop working once you distribute it like regular software. The software is essentially an extension of your tax consultant business.

      Of course you're still right; your software is legally commercial and works, but it also doesn't fit a cookie-cutter "commercial software" business model.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    85. Re:There is substance to the disagreement. by QuantumG · · Score: 1

      For sure. Thing is, you could be distributing that software under the GPL. Perhaps you didn't write it.. someone else did and you're just using it. My grievance is that Trolltech and MySQL will demand a license fee from the person who did write it. They will claim that the software is commercial and that entitles them to a fee, when the GPL makes no such claim. They're not deliberately confusing commercial with proprietary, but they're not willing to make the distinction either, because it will result in less revenue.

      --
      How we know is more important than what we know.
    86. Re:There is substance to the disagreement. by alecwood · · Score: 1

      That's a bit harsh isn't it?

      Reading the various threads from this article sees many just fall into the same old irreconcilable argument about which is "best"

      There is no best. Why can't authors of code just say stuff like "GPL was the best for me for this bit of code" and those who think he should have chosen a different license just STFU and focus on what choice they will make themselves.

      As an aside, I prefer GPL in most instances for one simple reason - I just don't like the idea of someone else making money from something I chose to give away for free. I feel that is they want to make money from their project then they should write the necessary code themselves, otherwise I consider them somewhat lazy, and somewhat leechy too. Similarly I hate bands doing cover versions of my favourite songs. I might be ignorant, and to some degree selfish, but I am entitled to my opinion, and in the case of my work, to decide under what conditions I wish to allow its reuse.

      --
      Real happiness lies in the completion of work using your own brains and skills.
    87. Re:There is substance to the disagreement. by PaulGaskin · · Score: 1

      Maybe I should re-factor the sentence to say "_some BSD advocates often fail to understand why the GPL is so successful".

      In this discussion, I can't help but think of the song by Theo de Raadt in the most recent Open-BSD release.

      Apparently some degree of theatric self-expression has become the norm in the software communities.

      --
      Freedom is free.
    88. Re:There is substance to the disagreement. by Anonymous Coward · · Score: 0

      Just a small note: SMF is not open source, but freeware.

    89. Re:There is substance to the disagreement. by MikeFM · · Score: 1

      How about any statement that has already been made to death and is likely to cause heated discussion without any chance at resolving itself? It's a pointless argument. He raised no points that I haven't heard many times before. Why go there?

      Besides all BSD-fans are hosers and they'll use anything to start an argument. ;)

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    90. Re:There is substance to the disagreement. by MikeFM · · Score: 1

      I don't mind someone making money from my code but I just don't want to have to pay them to use my own code or some minor features added to my code. It all comes down to playing in the closet with the neighbor girl - you show her yours but then she has to show you hers. Otherwise you're just some jerk left with your wank hanging out while everyone else laughs at you.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  4. Don't be an advocate by Hal_Porter · · Score: 3, Insightful

    Face it, this is the internet. Everyone has read your arguments, the counter arguments to you arguments and the counter counter arguments and so on ad infinitum. They've made a decision about this stuff and advocacy won't change that.

    If people disagree with you, the correct course of action is to troll them for the lulz.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    1. Re:Don't be an advocate by setagllib · · Score: 1, Offtopic

      Regards to sig: What problem are you having with plain old text? I've been using plain old text mode for years, and it was perfectly preserved even in this latest Slashdot. Check that it's set properly in Options and maybe double-check it in your user options as well.

      --
      Sam ty sig.
    2. Re:Don't be an advocate by Hal_Porter · · Score: 1

      Regards to sig: What problem are you having with plain old text? I've been using plain old text mode for years, and it was perfectly preserved even in this latest Slashdot. Check that it's set properly in Options and maybe double-check it in your user options as well.

      Ok, it's really wierd. Sometimes I enter a bunch of paragraphs and they all get jumbled together when I post, so I have to add <p> and </p> tags to get the spacing back.

      And sometimes it works. Like, for some reason this time. Maybe it's because I'm using Opera - it seemed to start at the same time the New Discusion format - the Web 2.0 monstrosity where clicking Reply pops up a text box rather than taking you to a new page - became mandatory.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    3. Re:Don't be an advocate by NoobixCube · · Score: 1

      Rest assured, you aren't the only one with the problem. I've been wondering about that myself. When I was using Opera (not so long ago, about the time of the latest release), my paragraphs still got jumbled together, so I doubt it's choice of browser that affects it.

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    4. Re:Don't be an advocate by bigstrat2003 · · Score: 1

      FYI, the new discussion format is not mandatory. You can change it in your preferences. I think the new discussion format is still a bloody unusable mess, even now, so I have the old system on (and will until they fix D2, or take the option away... probably gonna be the latter at the rate we're going).

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    5. Re:Don't be an advocate by SiChemist · · Score: 1

      In Firefox, middle clicking the "Reply to this" link (to open it in a new tab) opens the old comment page in a new tab instead of the embedded one. It's what I usually do and I submitted this comment that way.

    6. Re:Don't be an advocate by Hal_Porter · · Score: 1

      Hmm, that works in Opera too. Nice idea, much better than designing the page so you get a blank page and a javascript URL at the top.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  5. bollocks ... by Anonymous Coward · · Score: 5, Insightful

    A shell script calling the converter is no different than a closed source program embedding it. They are simply different ways for a human to use the program. Whether the object code for the project stays hackable is also irrelevant, since the human's use of the project through a derived work project is just another way of use.

    Complete bollocks. Is the freedom to modify code not the entire point of GPL licenced software?

    1. Re:bollocks ... by BadAnalogyGuy · · Score: 1

      No, the entire point of the GPL is to prevent others from modifying your code and then distributing it without also providing those modifications.

      Your car is BSD licensed (so to speak). You have the whole thing in its entirety and can do to it what you wish. You can add 5hp by placing the appropriate stickers on the windows, you can increase traction by adding a large spoiler, you can even improve your gasoline consumption by putting additives in the tank. What's more, you can sell it later without having to divulge what you've improved on the car.

    2. Re:bollocks ... by Mathinker · · Score: 1

      > Is the freedom to modify code not the entire point of GPL licenced software?

      Well, not exactly. The freedom to modify your own code is the entire point of LGPL licensed software. This obviously means that the GPL, which is a more restrictive license, is giving you more freedom --- the freedom to modify other people's code which uses yours.

      From RMS's philosophical standpoint, it is perfectly reasonable to want to have the freedom to modify all code, no matter who wrote it, and the difference between the LGPL and the GPL is an echo of his desire for that (ultimate) freedom.

    3. Re:bollocks ... by dgun · · Score: 2, Insightful

      Right. But the point he makes a couple of times is that the original code is still available.

      Another thing I would point out is that the OP makes all of his comments about the GPL assuming distribution. My understanding is that GPL code can be mixed and mingled with closed source code as long as the derived work is not distributed. Which may seem trivial, but I'm sure this happens plenty.

      --
      FAQs are evil.
    4. Re:bollocks ... by tenco · · Score: 1
      If i buy you're improved car, i can modify it too. Including the things you added/changed. And i can look at your modifications to study them (you don't have to divulge anything, it's "in the code"). So your car is clearly GPL licensed.

      The GPL only would prevent you from booby-trapping the car in a way (or make it otherwise inaccessible/very hard to access) so that the only thing i can do with your car is to drive it. (And then i certainly wouldn't buy it in the first place)

    5. Re:bollocks ... by Hes+Nikke · · Score: 1

      Has the jury ever come back on mixing GPL with closed source and hosting it as a web app being considered distribution or not?

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    6. Re:bollocks ... by growse · · Score: 3, Insightful

      If you're not distributing a binary (or code), then it's not distribution. A website is a service. The website user doesn't execute the code, the service provder's servers do. The user just tells it to.

      --
      There is nothing interesting going on at my blog
    7. Re:bollocks ... by Anonymous Coward · · Score: 0

      Has the jury ever come back on mixing GPL with closed source and hosting it as a web app being considered distribution or not?

      AFAIK, even the FSF agrees that it is not. That's why there is another license, the Affero GPL, which tries to get that one under "public performance" rules of copyright law.

      (You can't steam a video from your web page without getting permission for pulic performance of said video, even if the viewers can't copy it - just like they can view but not copy the web app).

    8. Re:bollocks ... by Anonymous Coward · · Score: 0

      Define irony.

    9. Re:bollocks ... by baadger · · Score: 1

      If you had actually bothered to read the article properly you would have considered that the sentence before you exert begins:

      From the BSD advocate's view...

      Please downmod parent.

    10. Re:bollocks ... by baadger · · Score: 1

      s/you exert/your extract/

    11. Re:bollocks ... by Anonymous Coward · · Score: 0

      You are free to call GPL code as long as it is stand-alone GPL libs or apps. You can not deliver s staic linked app, without opening the source.

      It is very easy to legally use GPL software in a commercial product, as long as you rememember to keep it in separate files from your own code.

      If you copy one C function from GPL code to your commerial code, you MUST open up your commecial code. Compile it to a DLL and you are home free.

      I understand the GPL people, it is their code, and if somebody want to make a profit off their work, then they feel cheated. And since they opened the code they can not make the profits, so they want to make sure nobody else does.

      BSD code is about people who write code code, opens it up, and are happy about the result. They are only happy to see somebody use their code, even if they make a profit on it.

      I have contributed to a few projects of both licenses, mostly bugfixes, and I do not care if it is the one license or the other.

      If I were to release something, it would probably do it under a non-commercial use allowed license, so I can get my share of the profits if my code is sold.

      I prefer to use LGPL / BSD products over the GPL license, due to the workaround required if I want to use the GPL code for something else.

    12. Re:bollocks ... by Trix · · Score: 2, Insightful

      Complete bollocks. Is the freedom to modify code not the entire point of GPL licenced software?

      I agree with the OP that GPL is about "the code."

      Under GPL: "I'll share my code with you, but if you make improvements, you have to share with me because it's my code."

      Under BSD: "I'll share my code with you. If you make improvements, you can share them with me. If you don't share, I'll just go back to the lab and make mine better."

      --
      I want all of the power and none of the responsibility.
    13. Re:bollocks ... by Blakey+Rat · · Score: 1

      Full quotation, highlighting the parent's lack of reading skills:

      From the BSD advocate's view , the situation is absurd. His project is still free, and he does not really care how a user wants to use it. A shell script calling the converter is no different than a closed source program embedding it. They are simply different ways for a human to use the program. Whether the object code for the project stays hackable is also irrelevant, since the human's use of the project through a derived work project is just another way of use.

      Before you knee-jerk with the British insults, how about you read the passage a couple more times until you have a good grip on what it actually says?

    14. Re:bollocks ... by Anonymous Coward · · Score: 0

      Complete bollocks. Is the author not talking about the BSD perspective here?

    15. Re:bollocks ... by Hyperspite · · Score: 1

      Actually this analogy fails completely because (one of the big) reason(s) people close source is because it's trivial to pirate it if its OSS. If I'm a car manufacturer, then it doesn't really matter if you know how it works because you can't build your own and you're still dependent on me. This is RIAA flamewars all over again.

      What might work in certain limited cases is a license clause that says that if the company goes out of business or ceases to support your product, it will be open sourced to the people that already bought it.

    16. Re:bollocks ... by Hyperspite · · Score: 1

      Actually, it occurs to me, that as it is the resolution to copyright debate, a cool idea might be to GPL for a set period of time, but then it reverts to BSD or LGPL. That way GPL software has it's running start without harming business by making them reinvent the wheel.

    17. Re:bollocks ... by tenco · · Score: 1

      Actually this analogy fails completely because (one of the big) reason(s) people close source is because it's trivial to pirate it if its OSS.

      You can't "pirate" OSS software (well, except in the case when your OSS is BSD licensed and someone uses it for a closed source project, IMHO).

      If I'm a car manufacturer, then it doesn't really matter if you know how it works because you can't build your own and you're still dependent on me.

      Why? What if I have access to a machine shop? And I don't have to buy original parts.

      This is RIAA flamewars all over again.

      Sorry, but i don't see the connection to RIAA.

    18. Re:bollocks ... by Hyperspite · · Score: 1

      You can't "pirate" OSS software (well, except in the case when your OSS is BSD licensed and someone uses it for a closed source project, IMHO).

      Ah sorry for the confusion, I was referring to the car.

      Why? What if I have access to a machine shop? And I don't have to buy original parts.

      You do have a point there, but if you want a new car, or even new parts, there is a non trivial expense to make it work - quite unlike OSS software.

      I may have jumped too many steps ahead, but I still see this as connected to the copyright in general debate. BSD allows closed source to use it. A major reason for closed source is so that it can't be trivially exploited without paying dues to the producer. Therefore the GPL vs BSD is connected to copyright since GPL precludes this.

      I replied to myself before with a solution for this limited case. Personally, I think that using GPL for innovative projects on the whole slows the economy down. It's great for reproducing old work and essentially moving it into the public domain and pressuring companies to innovate. Not so good for allowing people to build innovations on top of it. GPL code should eventually pass into the public domain as well as closed source code.

      The essential problem with copyrights now is their length. I think a good idea for licenses might be to put self limiting clauses in them so that they don't apply after a certain number of years or transition to a looser license (such as BSD or LGPL). That way GPL code eventually passes into the common stack that everyone can build off of while giving FLOSS the head start it needs to keep people producing within the domain. Since software moves fast, probably a period of 5 years or so would be appropriate.

      I'm not a lawyer, but it would probably work to append a line to a GPL that says something like:

      "Beginning on MONTH DAY, YEAR, the terms of this license are rendered null
      and completely superseded by YOUR_CHOICE_OF_LICENSE."

      So long as you included the aforementioned license along with the GPL.

      As for symmetry with closed source, well, you can only hope they do something similar like say that the source will become available under some license after a certain amount of time. If both sides limited their time out of the public domain, then we would have less of a problem. Almost assuredly pie in the sky.

    19. Re:bollocks ... by PitaBred · · Score: 1

      So, BSD advocates like reinventing the wheel, and GPL advocates would rather advance the state of the art?

      Yeah, it's a bit of a trollish statement, but it's what your argument boils down to.

    20. Re:bollocks ... by dgun · · Score: 1

      But, for example, in a Java applet, or even in JavaScript, the user downloads the code and executes it on the client. Why would this not be considered 'distribution'?

      --
      FAQs are evil.
    21. Re:bollocks ... by growse · · Score: 1

      That is distribution. But you're providing the source for the js anyway. Java is compiled, so you need to make sure you provide the source if the code is GPL'd.

      --
      There is nothing interesting going on at my blog
  6. Mandatory first clause by Dunbal · · Score: 4, Insightful

    This clause should be included in any contract, license or law:

    1. Thou shalt not over-analyze the fucking wording of the contract!

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Mandatory first clause by Anonymous Coward · · Score: 4, Funny

      You'll never get that past the lawyers.

    2. Re:Mandatory first clause by MaskedSlacker · · Score: 1

      Of course, the meaning of that clause is entirely dependent on whether or not 'fucking' is used as a verb or an adjective. BIG difference there.

    3. Re:Mandatory first clause by Max+Littlemore · · Score: 2, Funny

      NOTICE: This software product (together with it's accompanying documentation, the "product") is the property of ALLIED REAL SOFTWARE ENTERPRISES (ARSE). The product is made available to you, the reader, subject to the following license agreement ("LICENSE"). Please read this license carefully before doing anything else. No future copy of this license will be available to you in any form as it will be unnecessary.

      By reading or understanding this license agreement, you agree to be bound by it in perpetuity.

      1. Ownership
      ARSE owns you. You will do what you are told by ARSE or appointed officers of ARSE without question. End of Story.

      2. Grant of license and scope of use.
      2.1 Grant of License.
      You are permitted to read this agreement once. You are not permitted to re-read this agreement in case you attempt to over-analyse the terms of this agreement, contrary to the terms of this agreement. You are reminded that by reading this agreement, you agree with it. That's why it's called an agreement, sucker.

      2.2 Other conditions.
      Thou shalt not over-analyse the fucking wording of the contract! You have already agreed! Shut the fuck up. Get me my dinner.

      3. Exceptions.

      --
      I don't therefore I'm not.
    4. Re:Mandatory first clause by Anonymous Coward · · Score: 0

      Is there some hidden meaning? Do you mean analyze over the license or analyze too much? I'm getting really confused confused...maybe I'll get it soon.

    5. Re:Mandatory first clause by MaskedSlacker · · Score: 1

      If I don't, then the judge will and the wording will be fucking me. Unless the judge decides fucking was used as an adjective.

    6. Re:Mandatory first clause by Gazzonyx · · Score: 1

      Can we compromise on "The spirit of the license is more important than the wording of the license"?

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    7. Re:Mandatory first clause by krazeivan · · Score: 1

      Define "over-analyze"

  7. There is a reason by phantomfive · · Score: 5, Insightful
    There is a reason that GPL proponents don't agree with the BSD guys (and girls), even understanding this argument. The idea is that in the long term, having your code GPL'd WILL cause it to be put into more products. It's great that BSD made it into apple and all, but since all the improvements made in Linux get put back into Linux, it will just get better and better, and eventually even Apple will not be able to avoid using Linux, because it will be THAT GOOD. May take some time, but hey, we're patient folk.

    Whether this is true or not is up for debate. Only time will tell, the whole software industry is still young. Always good to have linguistic clarity though, I appreciate the post.

    --
    Qxe4
    1. Re:There is a reason by rm999 · · Score: 1, Interesting

      "it will just get better and better, and eventually even Apple will not be able to avoid using Linux, because it will be THAT GOOD"

      I don't know much about the open source OS community, but it seems to me that this isn't true. While the open source community spends 100s of man hours improving Linux, Apple can study its source code and implement what they want into their own kernel in much less time; meanwhile, they can afford to hire programmers to improve on top of all this. Therefore, I think the steady-state is for OSX to always be a step ahead of Linux; the second Linux is improved, I am sure someone at Apple is reading through the code changes.

    2. Re:There is a reason by SerpentMage · · Score: 0

      >it will just get better and better, and eventually even Apple will not be able to avoid using Linux

      ROTFL... Ok... Please raise this argument with Steve Jobs, ok?

      Sorry, comparing Steve and Apple to Linux is like comparing a highly tuned sexy car with all of the gimmicks to an Otto car.

      http://www.ausbcomp.com/~bbott/cars/carhist.htm

      As long as Steve Jobs is in the helm Linux will NEVER, I repeat NEVER get to the quality of Apple. I don't use Apple, but I respect Apple for what it has done and is capable of.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    3. Re:There is a reason by QuantumG · · Score: 1

      Watch what happens next time Apple changes hardware platforms. Watch how LONG it takes them.

      --
      How we know is more important than what we know.
    4. Re:There is a reason by Santana · · Score: 3, Insightful

      Microsoft: we want to make _our_ software better, and _all_ software ours
        GNU/Linux: we want to make _all_ software free as in GNU
        BSD: we want to make _all_ software better

      --
      The best way to predict the future is to invent it
    5. Re:There is a reason by phantomfive · · Score: 2, Insightful

      This is silly. Why are you saying Steve Jobs wouldn't use Linux? They are happy enough using GCC. They are already using a lot of BSD stuff. Are you thinking I meant Apple would be using Red Hat or something? I was referring to the Linux kernel itself, and there is little to keep them from switching over. Am I to assume that if it is in the best economic interest of Apple to switch to Linux, that they won't do so?

      --
      Qxe4
    6. Re:There is a reason by walshy007 · · Score: 5, Informative

      you'd think that, maybe, but copying and improving the improvements to linux to the os x kernel is no trivial task, take a look at the exec proc bench on this http://www.anandtech.com/mac/showdoc.aspx?i=2436&p=8

      mac os x took on average a bit over four times as long to create new processes, if os x were always ahead of linux shouldn't they be at least equal, if not slightly more efficient?

      as much resources as apple has, there is no way they'd have collectively as much resources going into kernel development as the linux kernel would have in total, and the quality is reflected in that.

    7. Re:There is a reason by SerpentMage · · Score: 1, Interesting

      Yeah this is silly because you are implying something that will never happen.

      In your comment you said, "and eventually even Apple will not be able to avoid using Linux"

      My answer is yes Apple will be able to avoid using Linux because they will always be ahead of Linux.

      Saying that they are using BSD and hence could use Linux is missing the point of Steve Jobs. I would argue that the BSD kernel is inferior to the Linux kernel. Yet he chose BSD! Why because I am thinking in his mind a kernel is just a kernel and he has other things on his mind. And in his mind he sees control more important, hence the choosing of the BSD kernel.

      >Am I to assume that if it is in the best economic interest of Apple to switch to Linux, that they won't do so?

      Yes that is exactly what I am saying because Linux will never be in the best economic interest of Apple. Apple makes money hands over fist by selling a premium product. Linux is free and can't even get out of the starting gate. Of course I am referring to the client side, not the server side.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    8. Re:There is a reason by phantomfive · · Score: 1

      It's just a kernel, man. With the 2.6 kernel and the advent of NPTL threads, and a number of other improvements, Linux has really become very impressive. It is beyond 'out of the starting gate.' The Darwin kernel could be replaced in an instant, and Apple would still make money hands over fist by selling a premium product.

      --
      Qxe4
    9. Re:There is a reason by mosb1000 · · Score: 1

      Linux has it's strengths, but it seems that Linux programmers tend to focus on the inner workings of the software, and implement the UI as almost an afterthought. I always thought this approach was backward. I think the UI is really the heart of any piece of software (since it is the interface between the user and the computer). Most people would agree that Linux is rather lacking in the UI department.

    10. Re:There is a reason by v(*_*)vvvv · · Score: 1

      having your code GPL'd WILL cause it to be put into more products

      I would think this should read "... into more GPL products." Unfortunately, "GPL products" is an oxymoron as they are scarcely ever "products" as product implies they are commercial.

      If you were to count market share and contributions to the economy as important factors for a license, I would have to say BSD won hands down with the impact they made through Apple.

      I think the question is this. If you don't plan on making any money to begin with, would you rather have Apple or Sun reuse your project, or would you rather see some free offspring popup on sourceforge?

      Both are great, and either way it is up to you. And being what they are, I doubt either is better since they clearly reflect different goals.

    11. Re:There is a reason by drmerope · · Score: 3, Insightful

      The idea is that in the long term, having your code GPL'd WILL cause it to be put into more products.

      If this is the idea, we can already be pretty sure that it is wrong. You mention Apple using FreeBSD, but you seem to forget that almost every major TCP stack is BSD derived. Even Microsoft's NT implementation the BSD stack, although it mostly but not entirely rewritten by the present day.

      Do you work in the embedded applications industry? I can tell you that Linux is and remains quite toxic to the business community b.c. of the GPL and the perception of substantial legal risk thereof. Cisco for instance is making a push to use a FreeBSD derivate in all of its consumer products--displacing in some cases existing linux based hardware.

      BSD has enjoyed tremendous penetration into the commercial marketplace. Linux is included in a handful of devices--decisions attributable to a wave of linux euphoria which has now mostly dissipated. Organizations are now asking which OSS is safest base from which to derive projects rather than associating an OSS base with Linux. The result is a renewed and overwhelming focus on skipping Linux and sticking with BSD derived code.

    12. Re:There is a reason by phantomfive · · Score: 1

      OK, let me say it a different way. Sure, in the short term things under the BSD license might see more use. However, in the long term, things under the GPL will become more used. See my previous post for an explanation of the logic why.

      --
      Qxe4
    13. Re:There is a reason by Anonymous Coward · · Score: 0

      If I'm not mistaken Apple does contribute back into FreeBSD.

      Also: Isn't Linux(the kernel) pretty much some of the best, if the not *the* best performing kernel these days?

      (Oh dear, hope I didn't starte a flamewar here.)

    14. Re:There is a reason by Anonymous Coward · · Score: 1, Insightful

      That's a fairly niave and arrogant statement. Why isn't non-GPL code "that good" that everyone will use it? Many times it is, which is why BSD code is often much more widely adopted than GPL code. They are often instead less high-profile projects that make less of a fuss regarding their license than the GPL community.

      I work in Java and we use a significant amount of open source libraries, none of which are GPL. The majority are either Apache/BSD/MIT based licenses, which are all fairly similar. Almost any Java enterprise application has some Apache licensed code (e.g. tomcat, log4j, Spring). The Hibernate framework is the most popular LGPL license I've worked with, which Stallman very much dislikes now. The JVM will soon be LGPL, but its source has been available to developers for over a decade.

      I've used Linux for workstations and servers at work, but generally few really like it. I recently switched to FreeBSD and cut my build times in half, due to UFS2 being superior to EXT3. I've been at places that migrated from Redhat to Solaris 10 for performance and stability improvements. Yet these are platforms that we work on, not our product.

      I have yet to work on anywhere that used GPL code in their code product, even though it would be acceptable in a web application as nothing is "distributed". The argument that the GPL is superior to BSD works in a limitted setting and does not take into account many facets of the industry. Both are excellent, but your argument is severely flawed.

    15. Re:There is a reason by phantomfive · · Score: 2, Insightful

      Amazon has Linux on the Kindle.

      As a matter of fact, I do work in the embedded industry. More than anything I am still seeing commercial RTOSes like Nucleus, MicroC/OS, or VxWorks being used on embedded devices. Linux is gaining popularity, but in general you need a system that is more powerful (more RAM, better processor, an MMU).

      Linux is mainly being opposed by companies that want to limit what you can do on their hardware. For example, Cisco was getting upset with people hacking their WRT54G routers to do things only the more expensive models could do. Companies that don't care are happy to use linux (like Amazon).

      --
      Qxe4
    16. Re:There is a reason by phantomfive · · Score: 1

      Also: Isn't Linux(the kernel) pretty much some of the best, if the not *the* best performing kernel these days?

      Linus thinks so. :) I'm not sure, I haven't seen any benchmarks in a while. I've heard people say some good things about Solaris. I have worked with the latest improvements in the linux kernel however, the new threading model, some of the new networking functionality, and I have been impressed at how well it scales. Unfortunately I can't speak for the other OSes.

      --
      Qxe4
    17. Re:There is a reason by Carewolf · · Score: 1

      Apple is not using a BSD kernel. They are using the Mach-kernel. They are only BSD in the console applications, and there are not a lot of those on Mac.

    18. Re:There is a reason by chromatic · · Score: 0, Troll

      Most people would agree that Linux is rather lacking in the UI department.

      ... being a kernel and all.

    19. Re:There is a reason by Antique+Geekmeister · · Score: 1

      GPL and Linux are two very, very different beasts. The Linux kernel uses GPL. The Linux OS's use whatever they find convenient or appropriate, and most of them include plenty of BSD licensed code, Apache licensed code, MIT licensed code, and other licenses.

    20. Re:There is a reason by synthespian · · Score: 1

      Please answer me this: where is the source code for Real Time SuSE Linux? Because, try as I may, I can't find it.

      In fact, let's how many source trees you can produce for those RTOSes you mention.

      BTW, are you sure the RTOSes aren't playing the GPL loophole game - the real GLP loophole - the one where they dual license?

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    21. Re:There is a reason by novakyu · · Score: 1

      Apple can study its source code and implement what they want into their own kernel in much less time;

      But that would be illegal. Copyright infringement isn't limited to verbatim copying (or copying and then modification) of codes. If you study the codes covered under GPL and write "your own" code based on what you learn from codes, chances are, courts will decide that "your own" code is in fact a derivative work of the GPL-covered work.

      This is actually an area where programmers have (or should have) learned to be careful. e.g. For things like hardware drivers, where the spec for a certain hardware may be written into the source code, reasonable precaution demands that the job be divided into two parts: one person writes hardware specs based on the source code, and another person writes completely new driver based on the specs---but the person who looked at the GPL-covered (or any other license, really) code never touches the new code, and the person writing the new code never looks at the GPL-covered code.

    22. Re:There is a reason by Hes+Nikke · · Score: 2, Informative

      First: the linked article is 3 years old and isn't even using the same hardware architecture.

      Second: Apple has by no means been resting on it's laurels. In Snow Leopard there is a new thread management system called Grand Central. GS seems like it would be a kernel level feature, which means that it just might be open sourced in Darwin 10. Read up on GS (and other features) at http://www.roughlydrafted.com/2008/06/12/wwdc-2008-new-in-mac-os-x-snow-leopard/

      Chances are pretty good that your entire argument will be void next year, if not already. Have a nice day. :P

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    23. Re:There is a reason by Anonymous Coward · · Score: 0

      Wow. mosb, I see that you have a B.S. in Chemical Engineering. Here's a deal for you: I'll stay out of discussions about Chemical Engineering (which I know nothing about), and you stay out of discussions about operating system *kernels* (which you seem to know nothing about). How does that sound?

    24. Re:There is a reason by rm999 · · Score: 1

      Well, I wasn't thinking of ripping off source code so much as ripping off ideas and algorithms, neither of which can be copyrighted (nor can they be covered by GPL). A decent engineer can read code and understand it well enough that there is no need to "copy" the code.

    25. Re:There is a reason by novakyu · · Score: 2, Insightful

      Well, I wasn't thinking of ripping off source code so much as ripping off ideas and algorithms, neither of which can be copyrighted (nor can they be covered by GPL). A decent engineer can read code and understand it well enough that there is no need to "copy" the code.

      But the thing is, as long as you even looked at the code, legally speaking, there is the lingering doubt of whether the code you write can even be considered original.

      This subject comes up not infrequently on mailing lists of GPL projects such as Maxima and GNU Octave. They recommend that if you are going to write new modules (with more recent efficient algorithms, for example) for them, then that you DO NOT LOOK AT, e.g. Matlab code implementing the feature, even though that code also uses publicly known algorithms.

      This is not a new idea/issue. If you are going to use algorithms from a code, and you don't want to comply with the terms of the license, then you yourself should not look at the code (or at least, never admit that you did), but have someone else extract the algorithm for you, and use that algorithm, never having looked at a specific implementation.

      You can claim as much as you like that you only ripped of "ideas and algorithms", but the courts (and opposing lawyers) will find it otherwise.

    26. Re:There is a reason by SerpentMage · · Score: 1, Insightful

      Sorry, but Darwin could not be replaced in an instant. The moment Apple adds the Linux kernel they will have license issues. Apple knows this, you know this, and Steve Jobs knows this. Thus they will not use the Linux kernel.

      BTW you also have missed the point of Apple. Steve Jobs does not care that Linux has NPTL threads. Nor do I because I am thinking so what! Steve asks the question, how can this help my client!

      Imagine Steve on stage saying, "hey this iPhone has NPTL threads...." The audience would say, "huh? Ok how does that help me?"

      And this is why Linux on the desktop will never succeed... Stop talk about NPTL threads and start talking about building apps that users want...

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    27. Re:There is a reason by Darfeld · · Score: 1

      Inside from the fact that linux is a kernel and therefor doesn't have to have a UI (that's what GNU is for), UI isn't the heart of anything. It is a part at most equally important, and must be able to change over the other parts without affecting them.

      UI is important of course, but it isn't as fun to develop as the inner working, therefor less people want to do the job. That has nothing to do with backward approach.

      --
      (\__/) This is Lapinator
      (='.'=) copy it in your sig
      (")_(") so it can take over the world
    28. Re:There is a reason by walshy007 · · Score: 1

      first point: yes, however even when tested on x86 when it was available the same results came up, it was indeed an os and not a hardware fault.

      it was just the first off-hand example I remembered from a while back, another good one is memory management, while somewhat better than xp, macs are somewhat worse off than linux in that department, I could get into specifics however that is besides the point.

      the technological items that differ will change as time goes on, of course, however, so far, and so far as I can imagine for at least the near future, linux will be technically superior.

      to your second point: that is not to say apple is not improving their kernel, they are and that is always good, it's just saying that they don't have quite as much resources or developer interest as the linux kernel,

    29. Re:There is a reason by mosb1000 · · Score: 1

      This is exactly the kind of thinking I was talking about. You think about the inner workings first, without ever considering how it will be used. You don't even seem to realize that every piece of software has a user interface.

    30. Re:There is a reason by Anonymous Coward · · Score: 0

      This is probably the most ridiculous post I've ever seen on Slashdot.

    31. Re:There is a reason by phantomfive · · Score: 1

      OK, it was good of you to not post AC, so I will reply to you. But basically I have no idea what you are talking about. None of those RTOSes I mentioned are available under the GPL. And in fact you have to pay a lot for them. My point was mainly that the great-grandparent had no idea what he was talking about, that neither GPL or BSD is the most common in the embedded space, but that Linux does seem to be growing faster.

      --
      Qxe4
    32. Re:There is a reason by Anonymous Coward · · Score: 0

      So let me get this straight, you post a 3 year old benchmark comparing 3 *completely* different processor architectures and state that the problem is in the OS? If someone had done this comparison in PPC Linux, that might have been somewhat relevant, but they didn't, so this is just another example of horrible marketing ridiculousness.

      (Separately, the fundamental argument of that article is specious - while threads and processes do need to be created in a database, they actually don't need to be created on demand, and can be pre-created and pooled, thus eliminating any real concern over their expense).

    33. Re:There is a reason by florin · · Score: 1

      Do you work in the embedded applications industry? I can tell you that Linux is and remains quite toxic to the business community b.c. of the GPL and the perception of substantial legal risk thereof. Cisco for instance is making a push to use a FreeBSD derivate in all of its consumer products--displacing in some cases existing linux based hardware.

      Heh, while at the same time embracing Linux for their professional Integrated Services Routers. You may be familiar with the 1841, 28xx and 38xx series? Many people are.

      BSD has enjoyed tremendous penetration into the commercial marketplace. Linux is included in a handful of devices--decisions attributable to a wave of linux euphoria which has now mostly dissipated.

      Hi! And welcome to this planet. You seem to be a tad out of touch with the current marketplace reality, so let me give you a quick update and assure you that Linux is everywhere.

    34. Re:There is a reason by bigstrat2003 · · Score: 1

      Don't be pedantic. In common, everyday usage (i.e.: when people aren't being nit-picky about minor things), "Linux" refers to an OS built on the Linux kernel, as well as the kernel itself. His usage was just fine.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    35. Re:There is a reason by bigstrat2003 · · Score: 1

      Steve asks the question, how can this help my client!

      Uh-huh. So... why does Apple persist in doing so many things detrimental to their clients then (bundling crappy mice, stubbornly insisting on PowerPC architecture for way too long, making their computers harder to service, the list could go on...)? I'd say it's because Steve wants to do things his way, and if anyone else doesn't like it, fuck 'em... whether it's better for the client or not.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    36. Re:There is a reason by walshy007 · · Score: 1

      bench was re-done when intel os x came out, results were the same, I should have linked to the newer bench with the same arch, but I wasn't too fussed on it at the time.

    37. Re:There is a reason by mgiuca · · Score: 2, Insightful

      The problem with the "total altruism" of BSD ("makes all software better") is that it doesn't actually serve the greater good in the long run.

      If you release your code under BSD, and a big company uses it in their proprietary software, then in your altruistic view you've made one piece of software better. (And let's ignore the ideology of whether it's proprietary or not).

      If you release your code under GPL, and the big company uses it, and return their changes back to your code, now the original source is much better and everyone in the community can benefit from it. Derived works are better for it.

      Hence the GPL option has a greater overall benefit to software. This has been shown time and time again.

    38. Re:There is a reason by Anonymous Coward · · Score: 0

      If the improvement is really that good, Apple will pay someone working on an unrelated area to take a few weeks and do a clean-room reimplementation. It's not that hard.

    39. Re:There is a reason by kent.dickey · · Score: 1

      This is called "clean room" engineering.

      However, it is my understanding there is no settled legal basis for this extreme view. Can you cite any court cases where copying concepts from code was considered illegal even though the copy differed significantly? And where it was ruled that a clean-room technique would have been valid?

      I think the closest analogy which seems pretty settled is book authorship. If I write a book about a girl, her dog, a scarecrow, and a tin man heading to Oz to meet a wizard, etc., then I have a good chance of losing a copyright infringement claim by the owners of the Wizard of Oz. Even if I didn't read the book, and if only a 3rd party told me the broad outline of the story. Unless it's funny. (Which is true--parody is an exception).

      However, lots of people write books inspired by other books, even "borrowing" characters, and generally this is OK. It doesn't matter whether you read the book or not, or whether some 3rd party told you the story.

    40. Re:There is a reason by pdusen · · Score: 1

      I highly doubt that kernel developers at Apple are concerned about the GUI either.

    41. Re:There is a reason by pdusen · · Score: 1

      Does that give you jollies?

    42. Re:There is a reason by pdusen · · Score: 1

      The only "quality" Steve Jobs understands is being a "quality" pain in the ass. Repeat after me: "Steve Jobs is not developer jesus".

    43. Re:There is a reason by chromatic · · Score: 1

      In common, everyday usage (i.e.: when people aren't being nit-picky about minor things), "Linux" refers to an OS built on the Linux kernel, as well as the kernel itself.

      Does it refer to GUI components such as GNOME and KDE, which run on any free Unix-like platform, including Solaris and the *BSDs? How about KDE applications running on Windows or Mac OS X? If I run KDE instead of explorer on Windows XP, does my hypothetical Windows machine suddenly run Linux, despite not having Linux even installed?

      Words mean things for a very good reason.

    44. Re:There is a reason by bigstrat2003 · · Score: 1

      "Linux" refers to an OS built on the Linux kernel...

      Huh, look at that! I already said what it refers to. Would've saved you a ton of trouble if you'd read that.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    45. Re:There is a reason by novakyu · · Score: 1

      However, lots of people write books inspired by other books, even "borrowing" characters, and generally this is OK. It doesn't matter whether you read the book or not, or whether some 3rd party told you the story.

      Generally, yes. But, apparently Ms. Rowling doesn't think so, as she persecutes countless aspiring writers in various countries ...

      But, to be back on topic, the thing is, with code, sometimes there are only so many ways to get the same job done. If you do "clean room engineering" (I didn't know the term before), then you have a plausible defense of independently arriving at a similar code (and since copyright isn't patent, having similar code itself wouldn't be infringement). But if you weren't careful and looked at the code, then your job would be much more difficult, as you also have to avoid incidental similarity in codes, not just intentional similarity.

      But, as far as legal precedent goes, IANAL, so I don't know of any---but then, there aren't any successful litigation based on GPL yet either (only companies giving up and settling so far, with the exception of Skype, which is still ongoing).

    46. Re:There is a reason by TheBig1 · · Score: 1

      As a software developer (both professional and OSS), and a self-professed HCI nut, I can truly see both sides of the argument. I agree that the Linux GUI (as well as almost every other piece of software around) is... lacking... in many places. That being said, if the core of the system is flaky, I don't care how pretty or intuitive it is to work on - I won't use it.

      I think that we as developers must strike a balance between the core and the pretty icing. Where that balance lies, though, is the problem.

      <soapbox>I personally think that in general, software should stick to the minimalist principle. If 95% (shoot - 80% is probably enough for this) of users don't use a given feature, don't enable it by default or prompt for it constantly. Stick it away in a (logically organized) preferences screen or something.

      If 99% of users don't use something, put it in a 'hidden' place (Firefox about:config, command line option, OSX 'defaults' command, etc).</soapbox>

    47. Re:There is a reason by Anonymous Coward · · Score: 0

      Obligatory "No NO you all don't understand!!!"

      It's not about what license the developer should choose for his code. It's about what code a user should be willing to use. A user should demand that any code (project, whatever) he uses is licensed under the GPL, because then he can never be held ransom. That way he may initially have less choice (and we all want those shiny apples) but eventually if only GPL developers get paying customers, then all those potential extortionists that prefer to slap on a BSD license will have to change their evil ways.

      Oh and there are more users than developers (because most/all developers are also users of other peoples code) so the users will and should win. If they are educated correctly. And for the betterment of all.

      Now go think about that and convert.

    48. Re:There is a reason by rm999 · · Score: 1

      "You can claim as much as you like that you only ripped of "ideas and algorithms", but the courts (and opposing lawyers) will find it otherwise."

      You have claimed that this will hold up in court twice now. Please cite something, because my intuition tells me that something like that is so ridiculously hard to prove (perhaps even impossible) that no court would find someone guilty of of anything less than copying code directly. Proving intent in court is a tough, pointless thing.

      For the record, GPL does not ban people from looking at its code; in fact, this is the opposite of its intention.

    49. Re:There is a reason by radish · · Score: 1

      You're assuming that the likelihood of the big company using your code is the same regardless of whether it's BSD or GPL licensed. I can assure you (as an employee of a big company) that is not the case. The benefit you describe only actually occurs when and if the code is used and improved.

      I'm not getting into the whole BSD vs GPL argument, I just don't think it's as clear cut as you make it out to be.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    50. Re:There is a reason by HeroreV · · Score: 1

      The big company is not as likely to use your code if it is under a copyleft license instead of a permissive license. If you're trying to increase the usage of any kind of standard, that standard can benefit by the big company using your code, even if they contribute back absolutely nothing. The implementation may not be as well off, but the standard will see much better adoption.

      Several standards, like compression schemes, file formats, programming languages, and communication protocols, have spread faster due to having implementations with permissive licenses. Standards with only copyleft licensed implementations don't spread as quickly.

      If you don't have a standard to push, a copyleft license is probably a better option. But when you are trying to further a standard, that standard is more important than the implementation of it, so it is better to use a permissive license. A permissive license benefits the standards, at the sake of the implementation.

    51. Re:There is a reason by mgiuca · · Score: 1

      An excellent point.

      Also if I was writing a library (esp. a programming language standard lib), I think I would choose a permissive license such as BSD.

      LGPL is too complicated and scary for people not writing GPL'd code, so I think that would scare people away from using my library.

    52. Re:There is a reason by novakyu · · Score: 1

      You have claimed that this will hold up in court twice now. Please cite something, because my intuition tells me that something like that is so ridiculously hard to prove (perhaps even impossible) that no court would find someone guilty of of anything less than copying code directly. Proving intent in court is a tough, pointless thing.

      Well, as I've said, I don't have a case law to hand out (IANAL), but your intuition is in direct contradiction to intuition of many knowledgeable people. Clean room design page on Wikipedia may be a good place to start. A lot of people use the process I've described to defend themselves against allegations of copyright infringement.

      For the record, GPL does not ban people from looking at its code; in fact, this is the opposite of its intention.

      I never said that GPL bans you from looking at the code. What I said was if you plan on making a clone of a GPL'd product (and not comply with the terms of GPL), then you have to be careful to refrain from looking at the code (whereas with proprietary code you are forced away from the source code, so no self-discipline is necessary).

      I am all for GPL and copyleft (heck, I am a due-paying member of FSF; I suppose I should change my email address to make that clearer). All I am saying is that if you plan on competing with a GPL product, then you'd better treat GPL code as if it were proprietary, because the terms of GPL apply to you only if you also copyleft your version as well (as Apple isn't wont to do, for a specific example).

      Having said that, I suppose unless you copy and paste (as many companies mistakenly do with GPL'd software), authors of GPL software won't be as aggressive as proprietary software companies are---they have better things to do than litigate against someone simply for not having followed the correct procedure, unlike proprietary software companies.

    53. Re:There is a reason by rm999 · · Score: 1

      You first argue that it is illegal to study someone's GPL'd code and reimplement it. It is not - this is the meaning of the free in "free software." Then you argue that it could be considered illegal in court to examine code too closely. But your Wikipedia article's only mention of a court case was the one that set the precedent that it is *legal* to reverse engineer and closely examine existing code. I think legally, it is entirely safe to look through GPL code as long as you don't copy it. The point of clean room design is to avoid copying patented ideas and algorithms, not "free" ideas and algorithms.

      So, given the fact that you are a paying member of the FSF, I don't understand your argument. I try not to push discussions this deep on Slashdot, but I seriously want to understand why it would be illegal, or even legally risky, for Apple to use Linux for ideas for its own kernel.

    54. Re:There is a reason by PietjeJantje · · Score: 1
      You're forgetting that big companies do not fail to return changes by default. It depends on the project, the added value and the exclusiveness of the changes, among others.

      For example, many web libraries such as jquery are BSD and get a lot of changes submitted back, because the companies behind those changes want those changes incorporated in the new version, they don't want a branch or resell the library - just use it.

    55. Re:There is a reason by novakyu · · Score: 1

      I never said it was illegal, without any qualification, to study someone's GPL'd code and reimplement it.

      What I said was it was illegal to create a derivative work of a GPL'd code and not comply with the terms of GPL (as Apple would usually do, since they are not known for copylefting their contributions).

      Now the argument is whether your work would be considered a derivative work of the GPL'd code that you studied, when you "re-implement" your own version after having read the GPL'd code.

      A lot of people (people who use clean room engineering method, essentially) would think so---unless you insulate yourself completely from the GPL'd code (essentially, by never reading it), your work will be a derivative work of the GPL'd code, and by the copyright law, you cannot distribute your derivative work without complying with the terms of the GPL (or getting separate permission from the author).

      Now, to answer some of the points you raised:

      1) Clean room design does not insulate you from patent infringement allegation (I really suggest that you read the Wikipedia page more closely, and study the difference between copyright and patent---copyright does not cover truly independent work/implementations, while patent gives you true monopoly on the ideas/design themselves (of course, there's the question of what is patentable---in U.S., unfortunately software and business methods are patentable).

      2) The particular case in Wikipedia hinged on the fact that it was NECESSARY to disassemble the proprietary code to reverse-engineer at all. However, for most GPL'd software, it is not at all NECESSARY("helpful" and "necessary" are two very different things) that you read the code itself---it is sufficient that someone else read through the code, prepare a thorough documentation that is free of copyrighted information (essentially no code snippets), and you (the coder for the proprietary software) work from that documentation.

      But, of course, given that most algorithms and specs used in GPL software are public knowledge anyway, this would simply add an unnecessary step for, e.g., Apple. They would gain nothing by having a non-coder go through the GPL'd code ("study it") and write a documentation for one of their programmers to use---most likely, such documentation is already readily available.

      To summarize and clarify, reading a GPL'd code doesn't necessarily mean that everything you write from now on has to be GPL'd. However, in the cases of ACCIDENTAL SIMILARITY (as it happens often in programming languages, by the virtue of the fact that there are only so many ways to skin a cat), it will be much more difficult for you to defend against allegations of copyright infringement, if it becomes known that you have read (and even studied!) the GPL'd code.

      If you have questions on any particular point (... or more explanation of my position), I'm happy to answer either on Slashdot (I don't know how deep the threads will go, BTW), or by email.

    56. Re:There is a reason by Anonymous Coward · · Score: 0

      By default, big companies contribute nothing. The rare exceptions happen when some do-gooder invests serious effort talking their pointy-haired boss into it. "We have to, it's GPL" makes excellent ammunition in that debate, and it's for the lack of it that BSD failed to fill Linux's niche a decade ago.

    57. Re:There is a reason by PietjeJantje · · Score: 1

      Bullocks. Have you actually read my comment? PS: Linux got big when BSD was in legal problems. You're a GPL fanboy who's trying to rewrite history to serve his viewpoints. Not so good.

    58. Re:There is a reason by Anonymous Coward · · Score: 0

      The USL/BSDi suit was settled in 1993. At that point Linux was still merely an interesting toy. It then caught up with and surpassed BSD's huge head start--because almost all work on Linux actually benefits the entire community, while the best work on BSD and SysV was entombed behind the walls of Solaris, HP-UX, and AIX.

      Which big companies are contributing to jQuery, and how much? The Contributors page names a grand total of just eighteen people, and doesn't say where any of them work (who had to be convinced to let them contribute).

    59. Re:There is a reason by PietjeJantje · · Score: 1

      A strange paradox in the first paragraph. So no legal problems, except being "entombed behind walls" despite the more permissive BSD license?

      A critical lack of research in the single BSD example you cherry picked. In this particular example, jQuery's John Resig works for the Mozilla Corporation and writing tools such as this library is exactly his job. The Mozilla Corporation is, as you might be aware, an open source organization which earns zillions by Firefox's Google search bar and search page. If you had taken a look at the mailing list and web pages, you would have found out it's an extremely active project with a history of rapid development and lots of contributions from many web developers. jQuery isn't something that's visible on a corporate level, yet most of the people who mail in a bug fix, supply a new module or donate a few bucks, are working for web companies. How's BSD not working?

    60. Re:There is a reason by Anonymous Coward · · Score: 0

      My thesis is that big companies rarely contribute, except under pressure, and the GPL is far better at providing that pressure. Sun, HP, and IBM pretty much refused to contribute through the 90s, because the license tolerated that choice, and it's that choice (not the already-resolved lawsuit) which undermined progress on BSD until it became irrelevant.

      Some guy who works at a nonprofit whose entire purpose is managing open source projects? A vanishingly rare special case, and how big are they anyway?

    61. Re:There is a reason by PietjeJantje · · Score: 1

      Some guy who works at a nonprofit whose entire purpose is managing open source projects? A vanishingly rare special case, and how big are they anyway?

      LOL. Sore loser. You brought it up, while you weren't informed. Fail.

    62. Re:There is a reason by Anonymous Coward · · Score: 0

      So you aren't going to name any big companies, other than the three or four philanthropic open-source nonprofits, which permit and encourage their employees' work to be contributed to BSDL projects? Uh, thanks, but I'll keep using GPL so the rest of the industry pulls their weight too.

  8. Just thought I'd drop in to advocate the GPL by Anonymous Coward · · Score: 0

    It is difficult to spend a week on Slashdot without colliding with a GPL advocate.

    Yeah, use GPL you bitches!

  9. Deep Differences by DesScorp · · Score: 4, Insightful

    I think the differences between the two camps go far deeper than simple semantics. I don't think you can sum up the conflict as a Mars-Venus miscommunication thing. There are some deep philosophical differences between the two camps. GPL guys are more evangelistic than BSD guys. BSD guys are more Laissez-faire about codes than GPL guys.

    There's really no direct political comparison, but the closest example to BSD vs. GPL in that context is a Libertarian vs. Social Democrat example. BSD guys know that someone can take the code, not give back anything; the principle of real freedom, as they see it, is more important than whether or not anything is "given back". The public good is an indirect benefit, in their view. GPL guys, however, take somewhat more of a socialist-lite view, with the public good of "giving back" of more importance than total freedom to use the code however the end user sees fit.

    Basically, both camps have some very different definitions of what "freedom" is... just like any other kind of politics.

    --
    Life is hard, and the world is cruel
    1. Re:Deep Differences by Anonymous Coward · · Score: 4, Interesting

      GPL is like a fruit with a seed that the animal has to swallow whole.
      BSD is like a fruit with a seed that the animal can choose to chew and destroy.

      Let those fruits compete. Evolution will sort out the winner.

    2. Re:Deep Differences by PakProtector · · Score: 1

      Good God. Had I a functioning female reproductive system, I would have your children.

      I am so fucking glad someone understands.

      As a BSD license user and a libertarian, it all makes sense now.

      --

      Edward@Tomato - /home/Edward/ man woman
      man: no entry for woman in the manual.
      "Qua!?"

    3. Re:Deep Differences by PakProtector · · Score: 1

      GPL is like a fruit with a seed that the animal has to swallow whole. BSD is like a fruit with a seed that the animal can choose to chew and destroy. Let those fruits compete. Evolution will sort out the winner.

      Ever heard of seedless grapes?

      --

      Edward@Tomato - /home/Edward/ man woman
      man: no entry for woman in the manual.
      "Qua!?"

    4. Re:Deep Differences by Anonymous Coward · · Score: 0

      Those 'deep differences' are exactly the same as the 'semantics'. GPL vs. BSD is, after all, a battle over what it means to be 'free'. Linguistic, philosophical...it's all the same battle.

    5. Re:Deep Differences by QuantumG · · Score: 1

      The fundamental difference is that the Stallman philosophy says that certain restrictions on software are immoral. As such, the GPL prohibits placing these restrictions on the software.

      The BSD license doesn't.

      That's it.

      --
      How we know is more important than what we know.
    6. Re:Deep Differences by MaskedSlacker · · Score: 1

      That rely on cloning like seedless bannanas? Yeah, a fruit that cannot reproduce at all is really gonna win the envolutionary race.

    7. Re:Deep Differences by Anonymous Coward · · Score: 2, Interesting

      You BSD guys are so full of it sometimes. I mean i respect the license and I even use it in a lot of my code but c'mon. No one is forcing you to use GPL code. You guys act as if the GPL says you have to use their code. If you don't agree with the license then just keep your code away from it and do one of the following:

      1) Request and possibly purcahse a BSD version of whatever code you want to use
      2) Find a BSD alternative (look at a number of OpenBSD projects)
      3) Code your own

      I mean the BSD guys' arguments against the GPL is like the GNU guys complaining that they HAVE to use microsoft proprietary software. The GPL basically says in exchange for all this code i've written, any modifications need to be made available. If you are not up to that task do the following 3 things i mentioned. Why is the GPL inferior because those guys have a different goal.

      Same thing with you GNU folks, the people who prefer BSD licensing aren't inherently evil and aren't looking to subvert your efforts. I mean BSD code allows code to be adopted end of story. In the case of OpenSSH and a lot of the other omnipresent BSD software floating around, giving code back isn't the point, it's that the code has been used rather than someone having to reinvent the wheel and most likely create something buggy (good programmer or bad it happens).

      I am sick of hearing BSD folks saying the GPL is a prison license. The terms are clear and you have your options. On the otherside the BSD camp is not selling out to big business. If anything it ensures that big business has secure code so that some obviously stupid security flaw doesn't occur. So what if Big Company (tm) takes the code and doesn't give anything back. The original code is still there. It really isn't like Adobe, Verizon, or Microsoft has taken (as in theft) the code and no one has it anymore. FreeBSD and OpenBSD is still well and alive (cue netcraft jokes).

      The big problem is just FUD being slung around by both side. Cut the bullshit and use what you like. GPL these days seems to be akin to a fanatical religion while BSD seems to be like fanatical atheism.

    8. Re:Deep Differences by PakProtector · · Score: 2, Insightful

      I don't think you understand what you're talking about.

      They have a desirable trait that causes us to spread them far and wide. Sounds like they're doing very well.

      --

      Edward@Tomato - /home/Edward/ man woman
      man: no entry for woman in the manual.
      "Qua!?"

    9. Re:Deep Differences by Anonymous Coward · · Score: 0

      That's memetics, not genetics.

    10. Re:Deep Differences by raftpeople · · Score: 1

      GPL is like ketchup
      BSD is like mustard

      They both taste good on hotdogs, but you wouldn't put mustard on your fries and you wouldn't put ketchup on your turkey sandwich.

    11. Re:Deep Differences by tenco · · Score: 1

      Basically, both camps have some very different definitions of what "freedom" is... just like any other kind of politics.

      GPL just emphasizes the good, old "Your freedom ends where it starts to interfere with the freedom of others".

    12. Re:Deep Differences by MaskedSlacker · · Score: 1

      Calling that evolution is saying that wolves evolved into golden retrievers. They did not, we artificially bred them. Or saying that genetic engineering is evolution. And that is ignoring the fact that seedless grapes (like cavendish bannanas) CANNOT reproduce. So by definition, they are evolutionarily stuck. They cannot evolve.

    13. Re:Deep Differences by synthespian · · Score: 1

      So you're saying when they shit the GPL seeds grow?

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    14. Re:Deep Differences by novakyu · · Score: 2, Interesting

      There's really no direct political comparison, but the closest example to BSD vs. GPL in that context is a Libertarian vs. Social Democrat example.

      As a due-paying member of FSF and a self-described libertarian, I resent that comparison.

      Copyleft is no more contrary to concept of freedom ("real freedom" or not) than prohibition of slavery is.

      I like to liken BSD (and its relatives) to a society where everything is so ... laissez-faire that one person can own another person (by contract or payment of money), whereas GPL would be a society that decided that freedom to restrict others' freedom is not a freedom.

    15. Re:Deep Differences by Antique+Geekmeister · · Score: 1

      I'm afraid not. Seedless cloning of bananas has already caused 'Panama Disease', which almost wiped out all banana crops worldwide in the 1950's. The bananas we eat today are from a different breed, which is allegedly not as large or tasty as those before the blight. And we're facing a similar blight today: http://news.bbc.co.uk/2/hi/science/nature/2664373.stm. We may be able to salvage them by genetic modification, but such monocultures remain profitable in the short term and vulnerable in the long term.

      And the banana blight is a big nutrition problem: a lot of people around the world get a lot of their protein from bananas.

    16. Re:Deep Differences by dosius · · Score: 1

      I have no qualms putting yellow mustard on French fries.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    17. Re:Deep Differences by Anonymous Coward · · Score: 0

      There's really no direct political comparison, but the closest example to BSD vs. GPL in that context is a Libertarian vs. Social Democrat example. BSD guys know that someone can take the code, not give back anything; the principle of real freedom, as they see it, is more important than whether or not anything is "given back". The public good is an indirect benefit, in their view. GPL guys, however, take somewhat more of a socialist-lite view, with the public good of "giving back" of more importance than total freedom to use the code however the end user sees fit.

      That second paragraph makes more sense to me than the article.

      Both licenses serve a purpose. Ultimately under current law it's the developers choice which license they use.

      A small bit of justification for the distribution restrictions imposed by the GPL: Have any of you guys seen the restrictions imposed by the typical piece of proprietary software! Proprietary software writers are generally quite happy to make full use of the law to restrict the end user to great extents, with their conern being profit, not freedom. The GPL levels the playing field. It actively fights against the legally imposed restrictions of proprietary software, so more people get to experience software freedom.

      I guess that if proprietary software didn't exist, we wouldn't need the GPL. Everyone would use the BSD favored licenses (or the public domain) and would happily pass on their changes. For now, I think the GPL is doing a wonderful job of giving freedom to the end users, in a proprietary software dominated world.

    18. Re:Deep Differences by noidentity · · Score: 1

      My take on GPL: its advocates want software that's always open so that users can remain in control, and do not want any of their code to benefit those creating closed software that takes control from the user. The license is simply the details of achieving this, and GPL 3 closed some loopholes.

      If you have a disagreement and want to express it, first clarify whether it's with GPL advocates' desire to keep software open, or the particular way they're going about it.

    19. Re:Deep Differences by Pvt_Ryan · · Score: 1

      GPL = General Public Libertarians??
      BSD = Berkeley Social Democrats??


      :)

    20. Re:Deep Differences by Blakey+Rat · · Score: 1

      I like to liken BSD (and its relatives) to a society where everything is so ... laissez-faire that one person can own another person (by contract or payment of money), whereas GPL would be a society that decided that freedom to restrict others' freedom is not a freedom.

      Isn't the entire point of the GPL to restrict others' freedom? Am I taking crazy pills?

      With BSD code or public domain code, I'm free to take that code and include it in my project. With GPL I'm not unless my project follows a very specific licensing model they specify. The "Tivo" clause in GPL3 is even worse; not I can't even put GPL code in my hardware device without restrictions.

      If GPL were truly free, it wouldn't need to lean on copyright law to work, since copyright law is specifically designed to restrict what people can do. GPL is free in the same way you're "free" to convert to Islam during a jihad.

      (I'm not saying copyright is wrong; I actually enjoy the right to "own" the distribution of any intellectual property I create. I'm just saying GPL advocates have this one all wrong.)

    21. Re:Deep Differences by the+phantom · · Score: 1

      Not to go entirely off topic, but evolution is about change in gene frequencies in a population over time. Natural selection is one mechanism of evolution. Artificial selection, i.e. human breeding, is another mechanism. It is perfectly appropriate and correct to say that wolves and golden retrievers evolved from the same parent population. Also, if seedless grapes cannot reproduce, why are there so many seedless grape plants? They cannot reproduce sexually, but they can reproduce by cloning. They are not "stuck," just evolving much more slowly than they would be if they could reproduce sexually. Or do you consider one celled organisms that reproduce by splitting to be "stuck?" In that case, can you explain to me how the E. coli in a recent experiment managed to metabolize citrate?

    22. Re:Deep Differences by farmer11 · · Score: 1

      Isn't the entire point of the GPL to restrict others' freedom? Am I taking crazy pills?

      Freedom is relative, your idea of freedom is not the same as my idea of freedom. There is no such thing as absolute freedom.

      GPL and BSDL both attempt to maximize different kinds freedoms. Which you prefer has to do with what's important to you, not some discovery of what "absolute" freedom means to all of humanity.

      If we were to define the type of freedom we are interested in then we could argue which license supports those freedoms better. For example, BSDL is the great at giving me access to an existing codebase I can own and totally control. Or, GPL is great for being a good neighbor and creating a legacy of code that is committed to it's users freedom to share and use it.

    23. Re:Deep Differences by lubricated · · Score: 1

      GPL has always been a way to use copyright against itself. Go read RMS's rant about why he invented the GPL.

      >> Isn't the entire point of the GPL to restrict others' freedom? Am I taking crazy pills?

      You called it. Crazy pills. The BSD is the license that allows you to restrict freedom. The GPL doesn't allow that.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    24. Re:Deep Differences by novakyu · · Score: 1

      If GPL were truly free, it wouldn't need to lean on copyright law to work, since copyright law is specifically designed to restrict what people can do. GPL is free in the same way you're "free" to convert to Islam during a jihad.

      (I'm not saying copyright is wrong; I actually enjoy the right to "own" the distribution of any intellectual property I create. I'm just saying GPL advocates have this one all wrong.)

      As a sibling post said, we need GPL *because* we have copyright---not the other way around.

      I, on the other hand, believe that copyright is evil (or, at least, immoral) in the modern context and should be abolished (if you'd like to read a better reasoned argument, here it is).

      Yes, that would mean that GPL would lose its force as well. But, without copyright, we wouldn't need copyleft.

    25. Re:Deep Differences by TheBig1 · · Score: 1

      Had I a functioning female reproductive system

      Yours is not functioning?

    26. Re:Deep Differences by Anonymous Coward · · Score: 0

      The hell I wouldn't!

    27. Re:Deep Differences by Anonymous Coward · · Score: 0

      You mean the animals will stop eating & choking on GPltrees fruit, which will cause lots of growth in a very small area that is more vunerable than than the BSDtree seed that *might* be destroyed, but will be much more distrubuted as a species in the end?

      Yup, that is a very acurate comparison IMHO.

    28. Re:Deep Differences by PakProtector · · Score: 1

      Alas, no. I fear that putting it in the ice chest has ruined it, just as it ruined all the others.

      --

      Edward@Tomato - /home/Edward/ man woman
      man: no entry for woman in the manual.
      "Qua!?"

  10. Probably Not by dcollins · · Score: 5, Insightful

    Without being a full-time developer, or terribly invested one way or the other in the licensing issues (I've put the GPL on a couple pieces of code, I bet they've never been used by another person), the first thing I think of when I hear these licenses is something like this:

    - BSD ensures freedom of the *producer* of the code to do what they want.
    - GPL ensures freedom of the *recipient* of the code to do what they want.

    --
    We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    1. Re:Probably Not by setagllib · · Score: 2, Informative

      Wait, what? Isn't that completely backwards? GPL limits redistribution of aggregated and derivative works, which are things that a recipient would be doing.

      --
      Sam ty sig.
    2. Re:Probably Not by schickb · · Score: 1

      - BSD ensures freedom of the *producer* of the code to do what they want.
      - GPL ensures freedom of the *recipient* of the code to do what they want.

      You are implying that licensing under the GPL somehow limits your options as the producer (aka copyright holder), which is not correct. If you are the copyright holder, you are free to re-license at any time. You may not be able to revoke a license that you granted others on an irrevocable basis, but you can certainly apply any number of separate licenses.

      For a project that has multiple copyright holders the overall situation is more complex, but you still have the freedom to do what you want with the parts that you created.

    3. Re:Probably Not by Anonymous Coward · · Score: 0

      Without being a full-time developer, or terribly invested one way or the other in the licensing issues (I've put the GPL on a couple pieces of code, I bet they've never been used by another person), the first thing I think of when I hear these licenses is something like this:

      - BSD ensures freedom of the *producer* of the code to do what they want.
      - GPL ensures freedom of the *recipient* of the code to do what they want.

      Actually, the BSD license grants more freedom to the recipient of the code to do what they want (they don't have to release their own code under the same license) than the GPL does. Your summation is thus, incorrect.

    4. Re:Probably Not by Anonymous Coward · · Score: 0

      His summation is correct, all recipients of GPL code have the freedoms granted by the GPL. The freedoms granted by the BSD can be removed by downstream developers so that the final recipient may only get a binary copy of the code.

    5. Re:Probably Not by Anonymous Coward · · Score: 0

      Without being a full-time developer, or terribly invested one way or the other in the licensing issues (I've put the GPL on a couple pieces of code, I bet they've never been used by another person), the first thing I think of when I hear these licenses is something like this:

      - BSD ensures freedom of the *producer* of the code to do what they want.
      - GPL ensures freedom of the *recipient* of the code to do what they want.

      It would be the other way around.

    6. Re:Probably Not by EvanED · · Score: 1

      His summation is correct, all recipients of GPL code have the freedoms granted by the GPL.

      Which is not the freedom "to do what they want"; thus his summation is NOT correct, because the recipient can NOT do what he wants.

      However, the reverse is also not true, for the reason you give.

      If I had to give a quick summary like that, I would say the following:
      - BSD ensures *direct recipients* have the freedom to do what they want (just about)
      - GPL ensures *all eventual recipients* have the fundamental freedoms to view and modify the source

      I tend to say that the BSD license is more free than the GPL, but the GPL ensures that your code stays free.

    7. Re:Probably Not by AdamTheBastard · · Score: 1

      In the case of the GPL, the 'end user' is the recipient. Anyone that gets the binary built from GPL derived code must also (be able to) get the full source under the GPL. The *recipient* of the GPL derived work gets the freedoms provided by the GPL.

      In the case of the BSD license, the end user of derived code may or may not get the source from the third party. The *producer* of the BSD derived work has the freedom to decide if the end user gets the source.

    8. Re:Probably Not by infinityxi · · Score: 1

      Then write your own Readline, find a BSD version, or go pay the author of Readline to grant you a more permissive license. Is it really that hard? There is more code out there than GPL code.

      Also I am aware of your point and I *think* the poster meant user of the program as recipient because that makes more sense. Under a GPL license the user has access to the source code of the program they are currently using while a user of a program that is BSD licensed may not have access to that source code if it has been modified and incorporated into a proprietary work. One isn't better than the other. It is just like programming languages, best tool for the job, best license fo the situation. Also you may not think it is anyone's business what terms you give to your user but if you're going to use GPL code it really is. That is the point.

      --
      Turn based strategy game that runs over XMPP. Phalanx
    9. Re:Probably Not by NotInfinitumLabs · · Score: 5, Insightful

      The FOSS community is not your personal army of coders. We do not code solely so you can get rich off our labors.

    10. Re:Probably Not by setagllib · · Score: 1

      But what you said still doesn't make sense. You said the recipient of the *code* in each case, which makes the BSDL recipient more free, because he already has the source (plenty of freedom) but none of the GPL redistribution restrictions. If you'd said resulting binary, instead of code, sure.

      --
      Sam ty sig.
    11. Re:Probably Not by Anonymous Coward · · Score: 0

      • BSD ensures freedom of the *producer* of derived code to do what they want
      • GPL ensures freedom of the *recipient* of derived code to do what they want

      Fixed!

    12. Re:Probably Not by xanalogical · · Score: 1

      No the original poster had it right, the GPL ensures freedom of the "recipient" (enduser) of the code to do what they want, which is open it up to make changes and fix bugs. And the BSD does not guarantee that freedom. Your comment about redistribution of aggregated and derivative works places you in the category of "producer" of code, not "recipient", so his statement about BSD is correct as well.

    13. Re:Probably Not by Anonymous Coward · · Score: 0

      Replace producer with "distributor". Replace recipient with "non-distributing" recipient.

    14. Re:Probably Not by the_womble · · Score: 1

      I think the GP means the producer and recipient of a derived work.

    15. Re:Probably Not by Anonymous Coward · · Score: 0

      Nope. It is almost the exact opposite.

    16. Re:Probably Not by Anonymous Coward · · Score: 0

      I fail to understand this statement i am afraid. the producer is _always free_ to do what he/she wants with the code as he is the copyright owner.

      the difference lies on the freedom allowed on the recipient.

      with a BSD license no constraints are imposed and the recipient can do whatever he/she wants to do with the code. the only thing the recipient has to do in this case is to honour and acknowledge the copyright of the used code.

      with a GPL license the recipient has no other option other than releasing his/her creation under a GPL _compatible_ license.

      regards

    17. Re:Probably Not by samson13 · · Score: 1

      My wording is

      -BSD ensures freedom of the "recipient" of the CODE to do what they want. No promises for the recipient of a BINARY.

      -GPL ensures freedom of the "recipient" of the BINARY to do what they want with the CODE(except WRT distribution.)

    18. Re:Probably Not by mcvos · · Score: 2, Informative

      - BSD ensures freedom of the *producer* of the code to do what they want.
      - GPL ensures freedom of the *recipient* of the code to do what they want.

      Almost;
      - BSD ensures the freedom of the producer of derived code to do what they want.
      - GPL ensures the freedom of the recipient of derived code to do what they want.

    19. Re:Probably Not by rohan972 · · Score: 1

      No, the redistribution creates a new recipient. The GPL protects the freedom of that recipient (and so on for infinite "generations" of recipients) BSDL does not. BSDL gives the freedom to first generation recipients only, albeit more freedom for that recipient.

      GPL argument: protecting all generations of users (recipients) means freedom for everybody == more freedom.
      BSD argument: more freedoms allowed, anyone can be a first generation recipient (of the original code) == more freedom.

    20. Re:Probably Not by rohan972 · · Score: 1

      That's not freedom of the recipient at all. In this case, I am the recipient. If by recipient you mean _my_ end customer, then that's frankly none of your damn business.

      If you use someone else's code, copyright law says it is.

    21. Re:Probably Not by Anonymous Coward · · Score: 0

      This is entirely backwards. BSD ensures everyone can do what they want with the code. Why would the producer need such a right? GPL strongly restricts what the recipient of the code can do, by forcing that recipient to continue to maintain the rules set forth by the GPL.

    22. Re:Probably Not by Anonymous Coward · · Score: 0

      dcollins said:

      Without being a full-time developer, or terribly invested one way or the other in the licensing issues (I've put the GPL on a couple pieces of code, I bet they've never been used by another person), the first thing I think of when I hear these licenses is something like this:

      - BSD ensures freedom of the *producer* of the code to do what they want.
      - GPL ensures freedom of the *recipient* of the code to do what they want.

      crazily enough, I see it exactly opposite:

      - GPL ensures freedom of the *producer* of the code to do what they want.
      - BSD ensures freedom of the *recipient* of the code to do what they want.

      if I write code (produce code) with the GPL, I can put a condition on the code. i.e.: I'm able to do what I want with other people's use of my code They are the recipient, and don't have absolute freedom to do what they want.

      if I write code (produce code) with the BSD, I don't put any condition on the code, thus the recipient can do anything they want (they have absolute freedom to do what they want. (including denying I even gave them code)

    23. Re:Probably Not by Anonymous Coward · · Score: 0

      We have a winner!

      The parent post is probably the most accurate and concise summary of this debate.

    24. Re:Probably Not by dcollins · · Score: 1

      Hey, I like that.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    25. Re:Probably Not by pdusen · · Score: 1

      I guess my code is frankly none of your damn business, then.

    26. Re:Probably Not by blackest_k · · Score: 1

      The thing is those couple of pieces of code could have been developed far beyond your original intention

      The article writer mentions himself that he has code out from 15 years ago that is available -although totally useless.

      And that surely is the key difference between bsd and gpl code. bsd code gives you a snapshot of a code base, GPL code evolves as it gets refined and reused and refactored.

      something that starts small with gpl can snowball just look at rms 's printer driver.

    27. Re:Probably Not by Anonymous Coward · · Score: 0

      As said a little higher up, the GGP specifically said code. If the recipient has the code for BSD software, they are less restricted in what they do with it (including integrating it to a closed source package). If the producer has the source of GPL software has the source, they are more restricted in it's use, but have the warm fuzzy feeling in knowing that anything they create from said code will stay open-source.

  11. Thank you by QuantumG · · Score: 3, Insightful

    Would have been better if you removed your bias, but you did well resisting it in any case.

    It is true that GPL advocates consider it important that the user of the software be able to modify the software and redistribute the results.. and that includes the copies of the software the are embedded in some other software.

    --
    How we know is more important than what we know.
  12. if this article is serious, it's a failure by jdbo · · Score: 5, Insightful

    While I agree with some of the author's points regarding linguistic disagreements obscuring philosophical disagreements, and sympathize with the stated desire to bring clarity to this ongoing flamewar, the actual article spends as much time pettily denigrating the pro-GPL position as it does clarifying the disagreement, thereby undermining the substantive aspects of the argument in favor of partisan score-making.

    Or, in short: good job, you've obscured any actual insight with smug self-righteousness.

    1. Re:if this article is serious, it's a failure by Anonymous Coward · · Score: 0

      It really would have been nice if he hadn't spent a decent chunk of the article bashing on the GPL crowd while stating he isn't bashing the GPL crowd. He may have had a few points worth stating but I don't believe the arguments are all over some stupid semantics.

      Personally I've always liked the GPL for more selfish reasons. I've always thought of it as a "I'll show you mine if you show me yours when your done with mine" license.

    2. Re:if this article is serious, it's a failure by Anonymous Coward · · Score: 0

      I'll show you mine if you show me yours when your done with mine

      That's what she said.

    3. Re:if this article is serious, it's a failure by timothyb89 · · Score: 1

      I can't help but agree. Unfortunately, I don't think many people are able to get over themselves while trying to analyze the differences.

      A prior post stated:

      BSD ensures freedom of the *producer* of the code to do what they want. - GPL ensures freedom of the *recipient* of the code to do what they want.

      A later post stated, in response:

      It would be the other way around.

      (sorry about referencing, but I thought this fit better here; see the original context.)

      The problem here is that they are both right. What some people don't seem to realize (or just ignore) is that neither license is fully restrictive to either the "producer" or the "recipient", and that seems to be the main argument. This flamewar, despite everyone's trying to get past their differences of opinion, is simply stating the same thing, albeit with some occasional added insight.

  13. The "little rant" detracted a bit. by nhaines · · Score: 4, Insightful

    In what purported to be a rational theory, the rant about GPL-advocates being too lazy to rewrite poorly-written routines and instead simply wrappping APIs around them in the effort to dogmatically reuse code seemed out of place and detracted from what had been up to then a rather promising start.

    I'm sorry that Chemisor seems to misunderstand the purpose of the GPL and the culture it grew out of.

    The GPL is not communist. It is not anti-business. The GPL simply prevents someone from taking shared code and no longer sharing. If you use GPL-licensed code in your product, you have an obligation to give others the same freedoms you received when you redistribute the work.

    This is an up-front permission, however. Nothing prevents someone from looking at a GPL'ed application or library and then doing the work themselves to implement the same functionality, nor contacting the copyright holders of the code and negotiating a custom licensing agreement.

    BSD is also a very valuable license, but with different goals in mind. There is no reason for the antagonism between proponents of both licenses.

    1. Re:The "little rant" detracted a bit. by stinerman · · Score: 4, Insightful

      The GPL is not communist.

      Of course it is. It's not about the abolishment of private property, but about collective work toward a common goal. You know, the good part of communism.

      It is not anti-business.

      That's true, except when your business relies on selling copies of software. Free/open source software will eliminate that business model given enough time, just as the automobile eliminated the horse and buggy.

    2. Re:The "little rant" detracted a bit. by pembo13 · · Score: 1

      Agreed. I haven't really seen much of a flame war of BSD vs. GPL on Slashdot either, maybe I just browser at to high a level.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    3. Re:The "little rant" detracted a bit. by nhaines · · Score: 3, Insightful

      Yes, but you could hardly argue that the automobile was anti-business. Instead, the business opportunities changed. New opportunites opened up that were far more lucrative and--ultimately--successful.

      Free Software is powerful because it allows others to build up services and products. In many cases, you can start off much further ahead than if you started from nothing. My router is a MIPS processor running Linux and a bunch of commodity daemons, and I know it was not significant work for Linksys to design the firmware. It was all some configuration and Web-based configuration interface glue. The source code is available, others have improved it, and Linksys sold these routers quite successfully.

      Meanwhile, I knew the router wasn't doing anything too strange and I know I can continue to use my router and manage updates on my own or with others, no matter what Linksys now does. It was peace of mind for me and well worth the $70 I spent at the time.

    4. Re:The "little rant" detracted a bit. by Anonymous Coward · · Score: 0

      Nothing prevents someone from looking at a GPL'ed application or library and then doing the work themselves to implement the same functionality

      And that does not seem like a stupid idea to you?

      Its like letting someone copy your essay, but instead of giving them the document you make them read it off the screen and type it back in so its 'theirs'.
      It is no better than businesses that lock up their code and interfaces so people have to reverse engineer and re-implement them from scratch.

      It does nothing but create wasted effort on both sides of it.
      Business can not use useful existing and tested code, and users/open source can not benefit from improvements by the business because they would have to open up all of their code to share it.

    5. Re:The "little rant" detracted a bit. by stinerman · · Score: 3, Insightful

      After I posted, I thought a bit more about the question and decided to throw in a different analogy.

      A energy-matter conversion device (a replicator in Star Trek terms) would be incredibly anti-business, but they'd be a great invention. If one assumes a nearly infinite supply of energy, the price of quite a few goods would be zero.

      When proprietary software vendors speak of FOSS being anti-business what they are really doing is asserting the broken window fallacy. That is to say proprietary software costs money, which is a business transaction while FOSS (usually) costs nothing which isn't a business transaction.

    6. Re:The "little rant" detracted a bit. by jd · · Score: 1

      It isn't necessarily stupid. Some function f() function can probably be implemented in multiple ways, where the different ways are optimal under different circumstances. You want to see some reference implementation, in order to understand the objective of f() above and beyond any written description (owing to the total lack of formal specifications). The malloc library is an excellent example. There are mallocs that are fast, there are mallocs that are secure, there are mallocs that are highly robust, there are mallocs that fix resource usage, there are mallocs that provide debugging information. There are no mallocs that do all of the above, and there are few programmers who would care to write their own specialist version without understanding the code that already comes close to what they want.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:The "little rant" detracted a bit. by jd · · Score: 1

      I would agree with you. Especially the snide suggestion that there are no GPL coders who could re-implement the JPEG library. Firstly, that was uncalled-for. Secondly, if any coder saw any value in such a re-implementation under the GPL, you can bet there'd be a dozen already. You only need to look at the number of crypto libraries to realize there are plenty of coders who are perfectly competent at advanced mathematics. It is true that I know of many more maths libraries that are BSD licensed than GPLed, but most of those libraries I know of are either paid for by commercial operations (where there is a vested interest in closable code) or written by "Red Brick" Universities, where it has probably taken this long to get the senior professors to understand the BSD license.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:The "little rant" detracted a bit. by bonefry · · Score: 1

      I don't think that Free/Open source software will eliminate the business of selling copies of commercial software.

      If anything it will be the software as a service model (Google, Amazon) that will do that.

      Proponents of Free Software are right to say that Free software is better as a development methodology, but what everybody fails to realize is that Free Software failed to invent equivalent economic models in which businesses can make money.

      Without money, developers are not paid to work on software. And let us face it ... consultancy usually sucks. And the successful examples of Open Source projects have had to discover valid business models that unfortunately cannot be replicated so easily ... sure Firefox makes money from being an affiliate to Google, but I have more chances of selling copies of my pet projects than doing that.

      And people, when growing up, have a somewhat painful realization ... you can buy more freedom with money than what you could earn with zealotry.

    9. Re:The "little rant" detracted a bit. by ratboy666 · · Score: 1

      The GPL is not communistic. It protects users.

      To give an example. I bought a media extender, and a high-def player. Models: D-Link DSM-320 and Toshiba A3. Both of these products use GPL licensed software (Linux) as a base.

      My expectation is that I can change the firmware in these devices to add features or to use them for a different purpose. I paid money for these products; I feel that I received good value for the money. I would actually pay more for a product that I can upgrade (for example, I paid a bit more for a WRT54GL router).

      I don't care about the "freedom of the software", or the "freedom of the developer". I don't care about "communism" vs "capitalism". What I care about is the freedom to load my OWN firmware onto the hardware. What is bizarre is that manufactures (even those using GPL code as a base) rarely get it --

      GPL should be used to preserve hacking rights. Yes, it is "viral". I like that. This simply (and hopefully, effectively) encourages hacking and hackability.

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    10. Re:The "little rant" detracted a bit. by rohan972 · · Score: 1

      The GPL is not communist.

      Of course it is. It's not about the abolishment of private property, but about collective work toward a common goal. You know, the good part of communism.

      From "The Communist Manifesto" In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property.

      What is this "communism" you speak of? It seem so different to that communism proposed by Karl Marx and Friedrich Engels. I had this discussion with a fellow worker a few days ago. He praised the society on an island resort he had been to as "perfect communism".
      Me: Do they call themselves communist?
      Him: No.
      Me: Do they kill the rich?
      Him: No.
      Me: If a man catches a fish can is it forcibly taken from him? (sharing fish with the ill was an example he used)
      Him: No.
      Me: Well it isn't communism then.

      Communism was very clearly outlined in The Communist Manifesto. If words are to mean anything, then anything not conforming at least approximately to the description given by Marx and Engels ought not to be called communism. People working together for common good is by no means exclusive to communism.

    11. Re:The "little rant" detracted a bit. by bigstrat2003 · · Score: 1

      Free/open source software will eliminate that business model given enough time, just as the automobile eliminated the horse and buggy.

      It's hardly the same at all, although it may happen. The automobile eliminated the horse and buggy because it was clearly a superior method of travel. Open source isn't a clearly superior software methodology, it's just different. If it were truly superior, every open source project would be better than its closed counterpart, but that isn't the case at all. Will open source replace the current model? Maybe, but it won't be due to clear superiority.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    12. Re:The "little rant" detracted a bit. by Anonymous Coward · · Score: 0

      If you use GPL-licensed code in your product, you have an obligation to give others the same freedoms you received when you redistribute the work.

      You hit the nail on the head! The entire point of the GPL is to guarantee the freedom of the *recipient* of the software to modify it to his needs, if necessary. It's not about the code being free, it's about the *user* of the code being free. I'm surprised I had to read through so many comments before I came across one whose author understood this. TFA's author seemed at one point to get it, when he said "The instance can not be free if it is embedded in another executable that is not free, since it can not be easily modified, which was Stallman's gripe and the reason for the GPL's existence", but he completely ignores that point in the rest of his attempt to understand the differences (and argue his side) because he has decided it's a matter of viewing software from a code vs. project perspective.

      The difference between BSD and GPL has nothing to do with code vs. project, it's the difference in the definition of who is free to modify the software to their needs. Both licenses extend that freedom to the first recipient. The GPL is designed to guarantee that freedom to all downstream recipients.

      I have had to modify and recompile software applications to meet my requirements on occasion. Had I not been free to generate a new application with my modifications in it, the fact that the part of the application that I needed to modify was code that I was free to modify would have been pointless.

      To use the analogy from TFA: Let's say the jpeg-gif converter is open-source so I can fix a bug that occurs when converting the jpegs one of my cameras makes, but I'm using the gif viewer application it is embedded in. If the converter is GPL then any viewer that embeds it must be GPL-compatible, so I, as an end-user, am guaranteed the freedom to modify the application I received to meet my needs. If the converter application is BSD and the gif viewer application that embeds it is not free, I can't fix it unless I happen to know it uses BSD code for it's converter (not likely), and then I can only use the inferior two-step call-converter-then-call-viewer method to view these jpegs (an option not available in most examples of open-souce code embedded in closed applications).

      That is the difference between BSD vs. GPL (and open-source vs. free software). The GPL is concerned only with the freedom of the recipient, but so many people completely miss this point. The whole "contributing improvements back to the community" thing is a happy side-effect, but it's not even a design consideration for the GPL. That's why GPL3 was necessary to address the Tivo issue. Tivo was free to use GPL2 software they modified, their modified source code is available (under GPL2) and any improvements were given back to the community, but the recipient of their (GPL2) software is not free to use his own modification because the Tivo uses DRM methods to lock out modifications. Tivo is free to update the GPL software in your DVR, but you are not.

      I do think a lot of the misunderstanding comes from perspective, but it's a developer vs. user perspective difference. GPL developers want to share freedom with end users, where BSD developers seem more interested being free to share amongst developers and apparently don't think it's worth the price of the GPL's restrictions to insure that these freedoms are shared with end users. RMS advocates the term "Free Software" rather than "Open Source" to highlight this distinction. Perhaps "Freedom Software" would be more appropriate, as it better conveys who the freedom is for.

    13. Re:The "little rant" detracted a bit. by Anonymous Coward · · Score: 0

      Isn't counteracting a government-created monopoly anti-business? It is anti-business--in the same way that capitalism is anti-business! The GPL enforces the freedom that would otherwise exist in a truly free market, forcing businesses to compete. In the end, the consumers win the most, while business are bound by the market and users' freedom. So, sure, it's anti-business--but it's certainly not communist! This is a return to the pro-citizen trends of the Free Market.

  14. WINE by Spy+der+Mann · · Score: 5, Interesting

    While this doesn't concern the BSD license in itself, we can analyze WINE and the spinoff project Cedega.

    In the beginnings, Wine was X11 licensed, and it meant the derived code could be closed. And that's what happened with WineX, now called Cedega. While the WineX guys promised they would return the code (specifically the DirectX code), DirectX development in Wine froze. Years later, Cedega still hasn't returned the code, and Wine just barely came out from it.

    This is the kind of issues that the GPL addresses.

    Now let's analyze the other side of the coin: MySQL. It was designed as LGPL, and it was used in a wide variety of projects. Later, the MySQL guys decided to move from LGPL to GPL, demanding huge amounts of money from anyone who used MySQL for commercial purposes. So people now are switching from MySQL to PostgreSQL - which is BSD licensed.

    (now I wish there was some alternative version of the LGPL that forced derivative work to REMAIN in that license so that people could use it in proprietary products - but still giving back any changes to the library itself - so we could avoid bad moves like the MySQL one. Best of both worlds, eh?)

    So, what does PostgreSQL do to remain free? It's the complexity. No one in his 5 senses would fork the Postgre code and make it private. The project is mature and complicated enough so that it remains free. (But then again, so is Freebsd, and look at what happened with Apple Mac OS X).

    Both the GPL and BSD licenses have their weaknesses - but if I'm starting a new end-user project and want all the community to benefit from it, I'd chose the GPL license without thinking it twice.

    1. Re:WINE by Snocone · · Score: 1

      DirectX development in Wine froze. Years later, Cedega still hasn't returned the code, and Wine just barely came out from it.
      This is the kind of issues that the GPL addresses.

      You mean, the issue that users get functionality years earlier than they would have if the project had been GPL? By making sure that users get stuff more slowly? Hmmmm ... from a user point of view that's just plain not a winner. I'm kinda not seeing how it's a win for the GPL in any fashion, actually.

      Or are you claiming that it made absolutely not one whit of difference to Cedega's decision that the source was not GPL -- that they would have invested the exact same amount of effort if the source code had, actually, been GPL?

      Well, if you assert that ... then no need to respond, as you are clearly so out of touch with reality that your opinion is worthless.

      If you don't assert that ... then you seem to have proven here that the GPL is, in fact, not in the best interests of users. Good job!

    2. Re:WINE by Anonymous Coward · · Score: 0

      What happened to MySQL is that everyone signed their contributions to MySQL instead of keeping their copyrights, so MySQL could unilaterally relicense. This is why it's a terrible idea to sign copyrights away.

    3. Re:WINE by Spy+der+Mann · · Score: 2, Insightful

      DirectX development in Wine froze. Years later, Cedega still hasn't returned the code, and Wine just barely came out from it.
      This is the kind of issues that the GPL addresses.

      You mean, the issue that users get functionality years earlier than they would have if the project had been GPL?

      Only users who PAY. And that ain't true freedom.

    4. Re:WINE by FrangoAssado · · Score: 1

      (now I wish there was some alternative version of the LGPL that forced derivative work to REMAIN in that license so that people could use it in proprietary products - but still giving back any changes to the library itself - so we could avoid bad moves like the MySQL one. Best of both worlds, eh?)

      That's not possible.

      Simply put, the copyright law says: the copyright owner of the code (in this case, the MySQL guys) can do whatever they want with the code, and no one else can do anything[*] with it except with their permission. The MySQL guys chose to allow everyone to use their code as described by the LGPL. Later, they changed their minds and said: from now on, our new versions will not be available as described by LGPL; now we choose GPL.

      In summary, because of the copyright law there can't possibly exist a license that binds the copyright owner to some license -- they can always choose whatever license they want to distribute the code (or they can choose to not distribute it).

      Note, however, that what the MySQL people did not revoke the old license, they changed the license for the new versions of their code.

      [*] Well, except what's described as "fair use".

    5. Re:WINE by Grey+Ninja · · Score: 1

      It truly wasn't in the best interest of users. Wine was expecting to see the code return to them, and they didn't work on DirectX too much as a result. It slowed the development of DirectX in Wine, before they figured out that Cedega was never going to give back. As a result, DirectX support for Linux was solely provided by Cedega for a long time.

      Recently however, I have to say that Wine's DirectX implementation is far better than Cedega's. I actually bought a Cedega subscription for a few months, and ultimately discontinued it, as it was horribly incomplete, buggy, and Wine was starting to do a better job.

      As for the GPL vs BSD argument? My personal thoughts on that are to each their own. I license my code under GPL when I think I've written something useful, but incomplete. I license under BSD when it's simply not useful. If someone makes something awesome out of my useful code, then I expect it to remain free. If someone makes something awesome out of my useless code, then power to them.

    6. Re:WINE by FrangoAssado · · Score: 1

      You mean, the issue that users get functionality years earlier than they would have if the project had been GPL?

      If I understand the parent correctly, we said that DirectX development in Wine froze because there was someone else developing it and promising to return the code (presumably, they wanted to avoid duplicated efforts, a reasonable thing to do).

      If that's true, GPL would have prevented the situation: either Cedega would write the DirectX code and be required to return it as promised, or they wouldn't start writing it and would not promise anything (thus avoiding the freeze by Wine developers).

      (Well, I suppose they could promise to develop it and do nothing, but that is simply trolling and can happen with any license.)

    7. Re:WINE by FrangoAssado · · Score: 1

      Erm... he said, not we said...

    8. Re:WINE by Anonymous Coward · · Score: 0

      so is Freebsd, and look at what happened with Apple Mac OS X

      As far as I can see, it remains free. Or did I just dream the release of a new version of Darwin with every OS X update?

    9. Re:WINE by Anonymous Coward · · Score: 0

      "(now I wish there was some alternative version of the LGPL that forced derivative work to REMAIN in that license so that people could use it in proprietary products - but still giving back any changes to the library itself - so we could avoid bad moves like the MySQL one. Best of both worlds, eh?)"

      What? LGPL does exactly that!

    10. Re:WINE by Antique+Geekmeister · · Score: 1

      You cannot simply invent arbitrary copyright agreements from whole cloth. Copyright law has profound limitations on what it restricts to both the public and to recipients of the copyrighted documents. For examples of where creative copyright handling can get you in trouble, I urge you to look at the fascinating history and legal problems surrounding Scientology's secret inner documents (describedin detail over at www.xenu.net).

    11. Re:WINE by steveha · · Score: 1

      (now I wish there was some alternative version of the LGPL that forced derivative work to REMAIN in that license so that people could use it in proprietary products - but still giving back any changes to the library itself - so we could avoid bad moves like the MySQL one. Best of both worlds, eh?)

      Have you looked at the GUILE license? It's just a standard GPL, with a specific exception that says you can link GUILE with non-free code without needing to change the license of the non-free code.

      http://www.gnu.org/software/guile/docs/docs-1.6/guile-ref/Guile-License.html

      So, any changes you make to GUILE, you need to give back under GPL. But you are free to embed GUILE in anything.

      The LGPL has some strange clauses (counting how many lines you may include from a header file!?). I kind of like the GUILE license.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    12. Re:WINE by Anonymous Coward · · Score: 0

      You mean, the issue that users get functionality years earlier than they would have if the project had been GPL? By making sure that users get stuff more slowly? Hmmmm ... from a user point of view that's just plain not a winner. I'm kinda not seeing how it's a win for the GPL in any fashion, actually.

      Or are you claiming that it made absolutely not one whit of difference to Cedega's decision that the source was not GPL -- that they would have invested the exact same amount of effort if the source code had, actually, been GPL?

      Well, if you assert that ... then no need to respond, as you are clearly so out of touch with reality that your opinion is worthless.

      If you don't assert that ... then you seem to have proven here that the GPL is, in fact, not in the best interests of users. Good job!

      Codeweavers.

      Poof! Your argument dissolves in a puff of logic.

    13. Re:WINE by Anonymous Coward · · Score: 0

      > Later, the MySQL guys decided to move from LGPL to GPL, demanding huge amounts of money from anyone who used MySQL for commercial purposes.

      From anyone who used MySQL for commercial purposes? You really have totally misunderstood the GPL license. You forgot that in most cases people just uses databases, not develop those. And it's perfectly legal to _use_ GPL'd program (ie. MySQL, Linux) for all purposes, including commercial ones.

      And even if those commercial companies develop their versions of GPL'd MySQL, they are not forced to give source code back unless they sell their binaries (or the derived binaries) somehow. And of course they can still sell versions of MySQL with the price tag they want. They can even sell the original MySQL binaries by MySQL ab / Sun.

      GPL is not "anti-commercial", it's just widely misunderstood.

    14. Re:WINE by mcvos · · Score: 1

      Both the GPL and BSD licenses have their weaknesses - but if I'm starting a new end-user project and want all the community to benefit from it, I'd chose the GPL license without thinking it twice.

      It would depend on the project. If it's for a final end-user product, I'd use GPL to keep others from running away with my work, but if it's for some kind of (web?)framework, I'd use Apache. In the case of evolving frameworks, there's plenty of incentive for developers to give code back to the project (because then it will be supported and expanded upon by others), so those kind of projects don't need the restrictions of GPL, whereas those restrictions may be too restrictive for some business users. And you need paying customers for a framework to take off.

    15. Re:WINE by Anonymous Coward · · Score: 0

      Actually, Darwin is based on NeXTSteP, which is a fork of BSD Unix, not FreeBSD (which is also a fork of BSD4.4)

      Though they did use parts of FreeBSD (everyone loves the FreeBSD network stack, it seems, process model, VFS, etc) in Darwin, It's mostly NeXTStep/OpenStep (the whole Objective-C thing, etc), with bits of OpenSolaris (ZFS, DTrace), and even some GNU.

      Darwin is, of course, open source, so I really don't get your bit about "look what happened with Apple OS X". All that happened was that they *GASP!* contributed code back, despite not being forced to by the lisence. Shocking, isn't it.

      NT and SFU/SUA would have been a better example for what you were going for (NT-based Windows uses the FreeBSD network stack, and SFU 3.5 is essentiaslly OpenBSD modified to run as a subsystem on top of the NT kernel).

    16. Re:WINE by janwedekind · · Score: 1
      The Wine example really highlights the problem.

      The article says:

      The fact that some company can take it, write a little bit on top of it, and sell it, does not in any way affect my project.

      However in reality the company will take away users and developers from the BSD project which will loose traction in the process. The original code may still be available under the BSD license but it won't be of much use if noone is maintaining it!

    17. Re:WINE by pknoll · · Score: 1

      But then again, so is Freebsd, and look at what happened with Apple Mac OS X

      What happened with it? Darwin is the chunk of code in OS X that came from BSD, and all the changes are there for you to see and use.

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

      I tend to think your claim about MySQL is BS - only people who have modified GPL-era MySQL source code could be "extorted" for source (not money).

      The LGPL-licensed MySQL doesn't disappear just because the license changed on the new version. You can't retroactively change licenses (despite the hilarious attempts of some guys, e.g. Warp Pipe Gamecube networking thing).

      Also very few people are migrating to PostgreSQL because of the licensing. Maybe if pg got some replication it would be worth investigating, but I think you don't work with databases or know wtf you are talking about. Also why is it that pg can't be forked due to complexity?

      Ugh, i'm done. stop mixing logic and stupidity in your posts.

    19. Re:WINE by Anonymous Coward · · Score: 0

      Just to chip it in, the FreeBSD/OS X thing is a good point. In all likelyhood, it's exactly because the BSD license provided Apple the ability to take complete control over their copy of the code that made it possible for Apple to base OS X off of an open-source system like FreeBSD. They would have had a much more difficult time basing an operating system the intended to sell commercially off of GPL'ed kernel whose could they could not, in some fundamental senses, take complete control over. The result of the availability and apropriability of FreeBSD as a code base was that a truly great operating system was created, but at the same time, it's not as free as the code it was derived from. Whether that's a net gain or a net loss depends on who you are and what your values are.

    20. Re:WINE by SiChemist · · Score: 1

      I had exactly the same experience as you in regards to Cedega and Wine. I cancelled my Cedega subscription about 5 months ago and haven't missed it.

    21. Re:WINE by Grey+Ninja · · Score: 1

      You know that I bought the Cedega subscription to play Pirates? This was supposedly a fully supported, fully working game in Cedega. I barely got the thing to install, let alone play. It at least installed in Wine, and I could get it to show me some corrupt graphics.

      I tried a few other games, but I never got anything working satisfactorily in Cedega.

    22. Re:WINE by FrangoAssado · · Score: 1

      I don't disagree with you, but I don't see how that relates to this case (I have read http://www.xenu.net/copyright.html, I assume that's what you're talking about.)

      In the software world, copyright restriction is the norm. For instance, you simply can not copy Microsoft software (or even install it in your computer) unless you buy it from them (they call it "licensing"). That's broadly accepted, no one really disputes that. What people dispute is that copyright was initially intended for a different purpose that what it's being used today.

      The GPL (and other licenses) are chosen by authors because they want to be less restrictive than that. You're free to not accept the GPL, but then you're back to not being able to copy (or change, distribute, etc.) the software.

  15. Hey, now! by Anonymous Coward · · Score: 1, Informative

    It is difficult to spend a week on Slashdot without colliding with a GPL advocate. Eager to spread their philosophy, they proselytize to anyone willing to listen, and to many who are not. When they collide with a BSD advocate, such as myself, a heated flamewar usually erupts with each side repeating the same arguments over and over, failing to understand how the other party can be so stupid as to not see the points that appear so obvious and right.

    Give a little credit to the Apple-worshipers.

  16. Misstating the GPL argument I think by JanneM · · Score: 4, Insightful

    For my part (and only for my part. of course) my rationale for GPL is simple: I give you permission to use what I've made. You effectively pay for that right by giving identical permissions to use your related code back to me, and by extension to anybody else. It is a quid pro quo.

    I don't dislike the BSD license at all. Anybody want to use it is fine by me. But there is no "I used the BSD license so you must too" requirement - the defining part of the BSD licence compared to GPL is that there is no such requirement. So don't get mad if your BSD code ends up as part of a GPL'ed project. It's what you chose to allow after all.

    --
    Trust the Computer. The Computer is your friend.
    1. Re:Misstating the GPL argument I think by Anonymous Coward · · Score: 0

      Why would you think someone who BSD licenses code get annoyed if it were included in GPL projects? Do you think no one who uses BSD understands it?

    2. Re:Misstating the GPL argument I think by qbwiz · · Score: 4, Informative

      It has happened, although the case is slightly more complicated than that.

      --
      Ewige Blumenkraft.
    3. Re:Misstating the GPL argument I think by Anonymous Coward · · Score: 0

      I use the BSD license whenever possible. While very little of it has gone into other projects, I couldn't imagine being mad about someone having a use for it in a gpl'd project. After all, I choose it because I wanted people to be able to use it without obligations getting in the way of productivity.
       
      And in some non-probable situation that a company takes my code and makes a billion or 6 on it, well good for them for marketing it in a way I didn't think up. If they want to give a little back to the programmer, awesome. If not, that's cool too.

      But that's the 2 cents from a programmer with a terminally type B personality.

    4. Re:Misstating the GPL argument I think by jtn · · Score: 1

      I think you missed part of his point. Someone who licenses his code under the BSDL doesn't *care* if his code lands in another project, open OR closed. Its being used, which is a net positive. HIS project is still free and available.

      Any griping I've seen in the past about BSDL code ending up under GPL is when someone rips out the attribution, which is another matter altogether.

    5. Re:Misstating the GPL argument I think by Anonymous Coward · · Score: 0

      So don't get mad if your BSD code ends up as part of a GPL'ed project. It's what you chose to allow after all.

      So don't get mad if your BSD code ends up as part of a proprietary commercial product. They build on your work, patent an extension that you didn't quite finish, then sue you when you finally finish it. It's what you chose to allow after all.

    6. Re:Misstating the GPL argument I think by Anonymous Coward · · Score: 0

      Way to miss the point.

    7. Re:Misstating the GPL argument I think by Anonymous Coward · · Score: 0

      So don't get mad if your BSD code ends up as part of a GPL'ed project. It's what you chose to allow after all.

      Of course some people get annoyed when you take something free, integrate it into a code base with a more restrictive license, and then have the audacity to call it "more free".

      Taking it to begin with, building a derived work? That part is fine

      It's kind of like "fixed that for you" on Slashdot. It means you're a cock.

    8. Re:Misstating the GPL argument I think by Anonymous Coward · · Score: 0

      To the man writing bsd that doesn't matter, it will still be freely available in under bsd license as well.

  17. Semantics of free by bersl2 · · Score: 1, Redundant

    Under the GPL, the freedom and the protection largely belongs to the end-user; developers burden themselves in order to try to guarantee this.

    Under a BSD license, the freedom largely belongs to the developer.

    Really, this is not difficult concept to understand.

  18. Free Software versus Open Source by MichaelCrawford · · Score: 4, Insightful
    While there is a large overlap between the approved Free Software Licenses and the approved Open Source Licenses, the fact that a project has a license that is in both lists doesn't make it both Open Source and Free Software.

    Consider the GPL - it's approved by both. But Red Hat doesn't publish Free Software, it publishes Open Source - and software written by Richard Stallman isn't Open Source - it's Free Software, and RMS is happy to explain the difference.

    I'm squarely in Stallman's camp; my audio project Ogg Frog is definitely Free Software, not Open Source.

    You see, the distinction isn't the license - it's the purpose behind making the project either Open or Free.

    As Stallman explains, Open Source is about efficiency - volunteer coders, and "many eyeballs" finding and correcting bugs and security holes. Free Software is about creating a community - Stallman has made it very clear he hopes to get back to the way things were back in the day, when source was shared openly with no non-disclosure agreements, copyrights or licenses.

    Unfortunately, the English language has a problem: Free can mean "as in Freedom", or "without cost". When I speak of my Free Software project to non-techie people, they think I'm just not going to charge money for it, and question my sanity. They have no clue about the meaning behind Free Software.

    Spanish doesn't have that problem: Free as in Freedom is "Libre", free as in beer is "gratis". But those words don't make sense to English speakers.

    I have developed a convention, but it's too subtle for most to take notice. Perhaps they will if you join me: I capitalize the "F" if it's "Free as in Freedom", but use lowercase for "free as in beer". I think that emphasizes the difference, and maybe if we all wrote it that way, more people would understand.

    Stallman is a great man, IMHO, but he has a marketing and image problem: very few non-technical people have the first clue as to what Free Software means. Most think it means "freeware".

    But Open Source doesn't have that problem; many who don't know source code from Shinola do understand what Open Source is all about.

    Thus I long ago gave up trying to describe Ogg Frog as Free Software in casual conversation. I only say that when speaking to others who will likely understand. Most of the time I describe it as Open Source, but feel guilty in doing so. I feel like Matthew in these verses:

    Peter said unto him, Lord, why cannot I follow thee now? I will lay down my life for thy sake. Jesus answered him, Wilt thou lay down thy life for my sake? Verily, verily, I say unto thee, The cock shall not crow, till thou hast denied me thrice. -- John 13, 37-38

    (BTW - there's no Ogg Frog to download yet, not even CVS or Subversion. Out of consideration for my non-technical target market, I'm not releasing anything until it reaches it's planned 1.0 feature set, and is reasonably bug free. At least for non-technical users, I feel The Cathedral is better than The Bazaar.

    --
    Request your free CD of my piano music.
    1. Re:Free Software versus Open Source by Anonymous Coward · · Score: 0

      Do you remember "freedom fries", someone's attempt to show disdain for the French not supporting the war in Iraq. It made me think GNU has shown too much respect for English grammar, and should have just called their software "freedom software" and removed any confusion.

    2. Re:Free Software versus Open Source by CandyMan · · Score: 2, Insightful

      While there is a large overlap between the approved Free Software Licenses and the approved Open Source Licenses, the fact that a project has a license that is in both lists doesn't make it both Open Source and Free Software.

      Sorry, but that's insane. You may dislike the other term ('Free Software' if you call your work 'Open Source' and 'Open Source' if you define your work as 'Free Software'), but the Linux kernel is both Free Software and Open Source, Python is both Open Source and Free Software, and so is all of the software in Debian main.

      Consider the GPL - it's approved by both. But Red Hat doesn't publish Free Software, it publishes Open Source

      According to your theory, the Linux kernel is partly Open Source and partly free, because some of the developers adscribe to the Free Software philosophy, while others are paid by Open Source companies. Does that make Linux 89% (or whatever) Open Source and only 11% free?

      I too prefer to call it "Free Software" (I am Spanish, so "software libre" rolls of my tongue better than "open source"), but we can't pretend that Open Source and Free Software are exclusive terms.

      The academic community studying Free and Open Source Software call it that, or by its acronym FOSS/FLOSS (the L standing for "Libre"). That way they can do away with the terminological hairsplitting and devote their attention to whatever aspect of Free Software they want to study.

      --
      http://barrapunto.com/ - News for nerds, en español
    3. Re:Free Software versus Open Source by mcvos · · Score: 1

      Consider the GPL - it's approved by both. But Red Hat doesn't publish Free Software, it publishes Open Source - and software written by Richard Stallman isn't Open Source - it's Free Software, and RMS is happy to explain the difference.

      I'm squarely in Stallman's camp; my audio project Ogg Frog is definitely Free Software, not Open Source.

      How the hell can software bee Free but not Open?!

      I'll grant you that not all Open Source software may meet all the requirements of Free Software, but it seems to me the reverse is most definitely true.

      Software is Open is the source is availlable and you can modify it if you like. I can't see any way in which a piece of Free Software would not meet those very simple requirements.

      You see, the distinction isn't the license - it's the purpose behind making the project either Open or Free.

      The purpose the maker had has no impact on what you can do with the software. The license does.

      As Stallman explains, Open Source is about efficiency - volunteer coders, and "many eyeballs" finding and correcting bugs and security holes. Free Software is about creating a community

      And so is Open Source. What do you think those volunteers and eyeballs are?

      Thus I long ago gave up trying to describe Ogg Frog as Free Software in casual conversation. I only say that when speaking to others who will likely understand. Most of the time I describe it as Open Source, but feel guilty in doing so.

      Don't feel guilty. Free Software is Open Source. It's a special kind of Open Source.

    4. Re:Free Software versus Open Source by Anonymous Coward · · Score: 0

      Thus I long ago gave up trying to describe Ogg Frog as Free Software in casual conversation. I only say that when speaking to others who will likely understand. Most of the time I describe it as Open Source, but feel guilty in doing so. I feel like Matthew in these verses:

      Peter said unto him, Lord, why cannot I follow thee now? I will lay down my life for thy sake. Jesus answered him, Wilt thou lay down thy life for my sake? Verily, verily, I say unto thee, The cock shall not crow, till thou hast denied me thrice. -- John 13, 37-38

      You meant to say you feel like Peter, right? (Not Matthew.) If so, then I know how you feel and have resorted to using this shortcut this myself.

    5. Re:Free Software versus Open Source by Digana · · Score: 1

      BTW - there's no Ogg Frog to download yet, not even CVS or Subversion.

      I know you may disagree with this, especially given your other remarks about OS vs FS, but... "release early, release often."

      Out of consideration for my non-technical target market, I'm not releasing anything until it reaches it's planned 1.0 feature set, and is reasonably bug free.

      This is a frequent trap. "I will not release until the code is good." I have seen this happen, many, many times! Why do I call it a trap? Because you're liable to abandon the code yourself, letting it languish for many years. You never know who might come along and make it better. And what would anyone lose from releasing early copies of the code, with a caveat emptor there?

      At least for non-technical users, I feel The Cathedral is better than The Bazaar.

      That's fine, but for technical users, you can tell them "if you know what svn is, you can get the code here and do whatever you want with it." Why aren't you doing so?

      My guess is that it's out of pride of showing your ugly code that you aren't releasing it right away. Well, guess what: everyone's code sucks, including yours. Swallow your pride, release the code, let us reap the benefits of whatever is already there, and take the possible if admittedly perhaps unlikely benefit that your own code will get from letting other people see it.

    6. Re:Free Software versus Open Source by Jah-Wren+Ryel · · Score: 1

      But Red Hat doesn't publish Free Software, it publishes Open Source

      WTF? Almost everything that RedHat publishes is GNU licensed. The GPL is the closest thing to an archetype for Free software.

      Your whole idea about "community" is balderdash. Free software is about freedom of the end user of the software to do what he wants with it. Full stop.

      --
      When information is power, privacy is freedom.
    7. Re:Free Software versus Open Source by jbn-o · · Score: 1

      Stallman is a great man, IMHO, but he has a marketing and image problem: very few non-technical people have the first clue as to what Free Software means. Most think it means "freeware".

      But Open Source doesn't have that problem; many who don't know source code from Shinola do understand what Open Source is all about.

      I'm not actually objecting to most of your post. I merely wanted to point out that the essay you refer to (which is probably the most underrated essay in their collection, to my way of thinking; I'm frequently citing parts of that essay and its revised version on /.) cites examples where the phrase "Open Source" is misunderstood, here's one:

      However, the obvious meaning for the expression "open source software" is "You can look at the source code." This is a much weaker criterion than free software; it includes free software, but also includes semi-free programs such as Xv, and even some proprietary programs, including Qt under its original license (before the QPL).

      That obvious meaning for "open source" is not the meaning that its advocates intend. The result is that most people misunderstand what those advocates are advocating. Here is how writer Neal Stephenson defined "open source": "Linux is "open source" software meaning, simply, that anyone can get copies of its source code files."

      So for me "Open Source" is no more clear than "Free Software" but Open Source is more widely repeated because it is more malleable and thus business-friendly: that movement has been non-critical about people using the phrase to mean a variety of things, some of which don't seem to agree with what that group intended to accomplish. So long as the phrase "Open Source" is even vaguely understood to convey something beneficial, businesses like being associated with "Open Source". They like the association because it means that businesses can contort that phrase into something which gives its advocates and would-be customers warm fuzzies while delivering something that does not benefit users or the community (for example DRM -- some people actually think an "Open Source" DRM would be a good thing(!), distributing a GNU/Linux system with proprietary software in it by default, etc.). It's not common to find businesses who will tell you they are Free Software businesses (mine was one: I developed, distributed, and gave discounts to people who dealt with Free Software).

      When I hosted a call-in radio program focused on Free Software issues I found it to be no problem to explain to people what software freedom meant. But I noticed that Americans were more insistent on discussing zero price instead of freedoms (you might find this odd since America is often billed as the "land of the free"), and some listeners insisted that zero-cost was the most important thing about Free Software. So I patiently explained to them that Free Software isn't necessarily zero-cost and that there are ugly consequences of focusing on zero-cost (I'm sure you already know this, no need to cover it further), and how they wouldn't tolerate such restrictions in other areas of their life (a free car with a hood or gas cap they couldn't open without being called a "pirate" and risking being hauled into court, or a house with a plumbing system that could only be repaired by one plumbing group because the pipes are proprietary). Most people aren't mechanics, engineers, plumbers, lawyers, or doctors, but most people wouldn't want those with an inclination to do those jobs to be restricted by proprietary licensing of information.

  19. errata by Spy+der+Mann · · Score: 1

    According to wikipedia, Wine was MIT licensed, not X11 licensed. Sorry.

    1. Re:errata by compro01 · · Score: 1

      Unless i'm mistaken, the X11 license is one of the several licenses that has used by MIT.

      --
      upon the advice of my lawyer, i have no sig at this time
    2. Re:errata by Anonymous Coward · · Score: 0

      According to the same Wikipedia, the MIT license is also known as the X11 license.

  20. another interpretation by martin-boundary · · Score: 4, Interesting
    Here's a simpler interpretation: both GPL and BSD advocates want to be associated with the word "free", which rhetorically implies the moral high ground. That's why they're constantly bickering about who's more free, and they'll never stop bickering because there are two projects, and only one word.

    But these are just word games, like when Microsoft wants to be known as innovative, or Google want to be known as the opposite of evil. In reality, people and companies still have to read the license terms in detail, and choose what works best for them based on the fine print.

    1. Re:another interpretation by Geof · · Score: 2, Insightful

      both GPL and BSD advocates want to be associated with the word "free" . . . these are just word games

      Most politics is "just" word games. The question is not who gets to be associated with the word. The question is who gets to define what freedom means (for software, but also more broadly). That matters very much.

      Similarly, "piracy is theft" is an attempt to define piracy as theft - to establish (or change) the meanings of both words. The same is true of the opposing claim that piracy is not theft. Eventually the argument will be settled, at which point the question will be invisible: piracy will be theft, or it will not.

      These words are not reflections of some objective meaning "out there" or handed down by God. They are defined by human beings. Their meanings are changed by human beings. Any political conflict involves struggles over meaning. The winners gets to establish their definitions as the "real" ones.

      -- Geof, GPL advocate and student of communication

    2. Re:another interpretation by martin-boundary · · Score: 1
      I think you've got it backwards. Neither the GPL nor BSD argue about the definition of the word "sausage". That's because sausage doesn't have strong philosophical implications which would reflect well on them. So it's not much use to try to redefine the word sausage in the context of open source software.

      But "free" or "freedom" does have an implication of moral superiority that everyone understands. Both the GPL and BSD people hope that when others see the word free together with their software projects, they will automatically infer that their projects are better than ordinary software projects.

      It's not quite the same as branding, because with branding, any word will do. You could have sausage software, and if it was used widely and consistently, you would have a brand, and the word sausage would acquire a new meaning or be redefined. We've seen this happening with the word SPAM.

      But here, free is chosen specifically because of its existing, positive meaning. It would be useless to redefine free to mean software, if the existing positive aspect was destroyed in the process.

    3. Re:another interpretation by spectecjr · · Score: 1

      Similarly, "piracy is theft" is an attempt to define piracy as theft - to establish (or change) the meanings of both words. The same is true of the opposing claim that piracy is not theft. Eventually the argument will be settled, at which point the question will be invisible: piracy will be theft, or it will not.

      Piracy has meant theft since 1790. I think 218 years or so is long enough for the definition to hold.

      From the 1828 edition of Webster's dictionary:

      " PI'RACY, n. [L. piratica, from Gr. to attempt, to dare, to enterprise, whence L. periculum, experior; Eng. to fare.]

              1. The act, practice or crime of robbing on the high seas; the taking of property from others by open violence and without authority, on the sea; a crime that answers to robbery on land.

              Other acts than robbery on the high seas, are declared by statute to be piracy. See Act of Congress, April 30, 1790.

              2. The robbing of another by taking his writings."

      --
      Coming soon - pyrogyra
  21. Did he miss the main difference? by Artraze · · Score: 4, Insightful

    Maybe it's just late and I glazed over something, but it seems like he missed the primary difference between the two licenses: WHO the license is free for. With BSD code, it's the developer; developers can do just about anything they want with your code. For the GPL, it's the end user; they are guaranteed to be able to modify/update/fix any incarnation of your code*.

    Certainly there will always be the (rather pointless) philosophical question of which is more 'free', but what's the point? They're both pretty darn free, but take their freedom in different directions. Why not just choose the one that fits your vision of your project best, and understand that other licenses have their merits too?

    *For those keeping track, this was the primary purpose of the GPL3. It ensures that GPLed software on protected devices can be updated.

    1. Re:Did he miss the main difference? by bedroll · · Score: 1

      I agree, that's the primary difference. I think his assertion that GPL advocates only care about code and not projects is a fallacy. He sets up this straw man where GPL-ers worship code so much that they won't go in and change each others' code. Is this really a problem? I always noticed a lot of good coding flowing backwards on GPL projects, how could the two scenarios coexist? Anyway, in talking a lot about how GPL advocates care so much about the code he cites an example of how an entire project would be consumed by another project. So, does that mean that if a project is used in another project it's no longer a project? Instead it's reduced to meaningless code that only GPL advocates care about?

    2. Re:Did he miss the main difference? by arotenbe · · Score: 1

      With BSD code, it's the developer; developers can do just about anything they want with your code. For the GPL, it's the end user; they are guaranteed to be able to modify/update/fix any incarnation of your code

      If they can do that, they are, for all intents and purposes, a developer. Sure, they may not contribute the code back to the main project, or fork the code and start their own project, but that's not a requirement of either license, is it?

      --
      Tomato wedge sperm darts that are Republican.
    3. Re:Did he miss the main difference? by Grey+Ninja · · Score: 1

      So in that case, can a developer modify the Cedega source code?

    4. Re:Did he miss the main difference? by Anonymous Coward · · Score: 0

      Yes! That's exactly it. BSDL tolerates creation of a set of second-class lusers who are not allowed to learn to become developers, nor hire them. As a tool-using human, I can't help but be disgusted by that attitude.

    5. Re:Did he miss the main difference? by mr_matticus · · Score: 1

      Certainly there will always be the (rather pointless) philosophical question of which is more 'free', but what's the point? They're both pretty darn free, but take their freedom in different directions.

      The problem is more basic than that, and it's one ceaselessly battled out in politics, too. It boils down to, "what is freedom?" Does freedom mean no restrictions, or does it mean equal opportunity, with a "civic duty" for some people to forego optimal satisfaction for the benefit of the greater community?

      The GPL isn't more free, intellectually or economically. It is by its very nature restrictive for the sake of self-expansion--and perfectly legitimate in being so. Yet, oddly enough, many of its strongest advocates support the "no restriction" model economically, complaining about government meddling and redistribution. This very evaluation tells them that the GPL is less free than the BSD license, because GPL meddles in personal/business decisions and stipulates distribution. Somehow they don't realize that.

      The simple truth is that BSD has to be more free, because it allows for voluntary GPL-style contribution AND proprietary-style withholding. It provides more options, and if there's any unified definition for 'freedom', it's "choice". Simple exercise: can you engage in all possible GPL-mandated behavior under the BSD license? Yes. Can you voluntarily practice all possible BSD behavior under the GPL license? No.

      GPL advocates are usually the ones proclaiming their license to be the freest, and then attributing the indignation they receive in response as condemnation of their license. It's nothing of the sort. GPL zealots are a clear demographic on Slashdot. BSD zealots exist, but not anywhere near the same numbers. It's always the GPL proponent that brings up the "freedom" argument, though--hell, they even chose the term in contrast to "open source".

      The only way for this perennial argument to go away is if GPL advocates stop making the claim. But RMS and his throng can't seem to persist without demonizing others.

      There's nothing fundamentally wrong with BSD, CC, GPL, or proprietary licenses. The creator of a work, having invested the sweat of his brow, his time, and his passion in its production, should be able to choose how he wishes to share it with others. If his terms are too draconian, then the market should not reward it with popularity.

    6. Re:Did he miss the main difference? by NaCh0 · · Score: 1

      But with BSD you have to be careful when you say it's for the software developer. More specifically, it's for the first degree developer. Most developers I know want to start with the newest or more relevant version of code. With the BSD license, there is no guarantee that I'll be able to see the enhanced derivative work.

  22. GPL anti-business? by AceofSpades19 · · Score: 1, Insightful

    > and GPL's anti-business mindset, resulting in accusations of Communism, and worse.

    Can someone explain how does the GPL have an anti-business mindset?

    1. Re:GPL anti-business? by maglor_83 · · Score: 1

      Indirectly you could say so. Since most businesses (development businesses anyway) want their software to be closed. Obviously the term is a stretch, and could similarly be stretched to say that BSD is anti-end user.

    2. Re:GPL anti-business? by volfbane · · Score: 1
      Traditional business models rely on monopoly, and profits for development efforts are directly related to how long they retain that monopoly. They can charge more for software that is unlikely to be duplicated quickly by competitors.

      GPL precludes the monopoly business model by requiring any software project incorporating GPL code to also be GPL, thus relinquishing the monopoly.

      This is the default price of GPL code, and thus why most businesses regard the GPL as anathema. It makes their business of selling software less profitable, and opens them up to lawsuits if someone, somewhere uses unlicensed code.

      They can try to licence the code under more compatible terms, but this is often impractical/impossible/too expensive if the GPL code has many contributors, and

      This means the businesses that make use of GPL software have to base their business plans on sources of income that are not dependent on their software monopoly: by charging for their services, instead of their products.

      They then only make money when they are actually working, instead of making residual income from selling copies of their completed work.

      Businesses that depend on their software monopoly, thus consider GPL to be anti-business.

  23. The only thing... by argux · · Score: 2, Insightful

    Pretty good analysis you've got there. That's speaking as someone who is not a coder, and takes no part in these discussions, but I have watched them several times, never coming to a definite conclusion. That is, I don't favor one side over the other. It would make me pretty angry and sad to find out that Microsoft were making tons of cash from a piece of code that was originally GPL or BSD or whatever. Only because I see it as the big guy profiting from the little guy's work. But I also love the BSD way of thinking, which is absolute freedom. Here, I wrote this. Do whatever you want with it. I don't care. Whatever. I suppose that my political tendencies cause me to lean more towards BSD licensing.

    That said, I only found one thing I don't agree with: the lemons analogy. I don't think GPL coders tell other people how to use their code, only that it should be GPL. You could create a bomb with my code, for all I care, as long as the end result is also GPL. That's because (I assume) GPL coders believe that if what you're writing builds upon their previous work, you should give it away with as much freedom as you received it.

    So, the analogy would be more like, you give out lemons for free, with the sole restriction that whatever product is made from these lemons should be given away for free, as well. So if these lemons were GPL, the kid would have to... like give the lemonade away? Or sell the lemonade and give away the recipe he used to prepare the lemonade to whomever asks for it. Also, you would be forced by the GPL to divulge the source of your lemons, if anyone asks, because they didn't come out of yourself, so you didn't create them. You're just the distributor, kind of like ibiblio. So that would be like you have to point to the tree you got them from... or the store you bought them at... or something like that.

    1. Re:The only thing... by marco.antonio.costa · · Score: 3, Insightful

      My god, this notion that "you're not supposed to charge for distributing GPL software" is completely WRONG.

      In the lemonade example, it starts in the wrong track, because we're not talking about lemons, but recipes. So if I am a BSD license user and someone gets my recipe he can sell the lemonade for whatever and keep the recipe for himself, change it, or redistribute it as he will.

      If I am a GPL using person, if you take my recipe and use it, you can sell the lemonade for as much as you like, you just need to provide the source with your modifications to everyone you distribute your code to, and he will be bound by the GPL as well.

      That is my understanding of the issue, if i'm wrong i'll welcome correction from GPL scholars, that's a surprisingly tricky license to fully grasp. I'll give credit where its due to the BSD license for its simplicity. :)

      --
      Send your spendthrift head of state this
    2. Re:The only thing... by Grey+Ninja · · Score: 1

      Microsoft actually did make a pretty good profit from some BSD code. That's where the TCP/IP stack in Windows comes from. Apple also built Mac OS X completely around BSD code. (To be fair, Apple has released some of their code back).

      But yes, you hit the nail on the head with the lemons analogy. You have to remember that this article was written by someone who is obviously a BSD guy. It's more than a little biased.

      I am a programmer, and I've used both licenses in my personal projects.

    3. Re:The only thing... by synthespian · · Score: 1

      I think it;s great that Microsoft used BSD code i their TCP stack at one time or another.

      I think it made the world a safer place.

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    4. Re:The only thing... by Anonymous Coward · · Score: 0

      You could create a bomb with my code, for all I care, as long as the end result is also GPL.

      I like this concept of Free bombs. Is it enough to provide the source over FTP, or will I have to attach a CD to the bomb before distributing it? Can I distribute my bomb bundled together with other non-GPL bombs?

  24. That was far too polite by 0xdeadbeef · · Score: 0, Troll

    Every person who complains about the GPL is a fscking moron.

    Listen, you dumbasses, no one puts a gun to your head forces you to use it. If you don't like the license, don't use the code. Live in your little BSD ghetto and let the GNU'tards live in theirs. Stop the stupid "it's not really free" whining, because it's dishonest semantic bullshit, you know it is so, and yet you keep repeating it ad nauseam anyway. You just want to take without giving back, and it pisses you off that there are legal means to stop you.

    1. Re:That was far too polite by FishWithAHammer · · Score: 1

      You just want to take without giving back

      I do? Is that why I license my code under BSD?

      The GPL isn't really free. I've licensed code under the LGPL before (never the GPL; I consider it entirely heinous) because I want a quid-pro-quo arrangement, but when I license my code as BSD it's most certainly not because I "want to take without giving back."

      Great job being clueless.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    2. Re:That was far too polite by marco.antonio.costa · · Score: 1

      I think you should look up 'quid-pro-quo' since I don't think it means what you think.

      The GPL IS like that though. You modify it and release it, you must provide your source. Whoever does the same later must reciprocate. Quid-pro-quo. :-)

      --
      Send your spendthrift head of state this
    3. Re:That was far too polite by tm2b · · Score: 1

      You just want to take without giving back, and it pisses you off that there are legal means to stop you.

      You have that exactly backwards.

      The GPL-uber-alles crowd believes in giving only if there are strings attached - it's a complex trade of code for subscription to the "sharing" ideology, with an explicit promise to reverse the gift if the recipient doesn't do as the "giver" wishes. You still a proprietary (as in, property - the belief that you have the right to make some demand in exchange for allowing your intellectual property to be used) interest in your code.

      When I give my BSD-licensed code away, I truly give it away. It means that once somebody gets my code, they can do anything they like with their copy - I gave it to them.

      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    4. Re:That was far too polite by spectecjr · · Score: 1

      You just want to take without giving back, and it pisses you off that there are legal means to stop you.

      Not actually the case. Some of us want to give without any strings attached, and view the people who claim that giving their code away under GPL is some kind of wonderful boon to society as having an agenda that we don't agree with.

      I sell my code, or I give it away no strings attached (well, apart from usually you have to let me know how it's being used because I'm happy when it is). No middle ground.

      --
      Coming soon - pyrogyra
    5. Re:That was far too polite by spectecjr · · Score: 1

      I think you should look up 'quid-pro-quo' since I don't think it means what you think.

      Read what he says again. When he wants quid-pro-quo, he licenses under LGPL. Which means, use it for whatever you want, but if you modify that code (rather than just building on top of it), please release your modifications.

      --
      Coming soon - pyrogyra
    6. Re:That was far too polite by marco.antonio.costa · · Score: 1

      I think you should look up 'quid-pro-quo' since I don't think it means what you think.

      Read what he says again. When he wants quid-pro-quo, he licenses under LGPL. Which means, use it for whatever you want, but if you modify that code (rather than just building on top of it), please release your modifications.

      Oh... *blushes*, sorry for being stupid there, parents. :)

      --
      Send your spendthrift head of state this
  25. Runtime GPL by bazald · · Score: 3, Informative

    I just want to mention a variant of the GPL that is often used and rarely noticed. All those standard header files included when compiling with GCC are Runtime GPL. If you take the point of view that the GPL is viral, you can think of the Runtime GPL as the completely non-viral GPL.

    Using some variants of the GPL linking exception, it becomes possible to release code that must stay Free (as in Libre) in derived works without requiring every last bit of the derived work to be Free.

    It as close as you can get to a compromise between the BSD and GPL licenses as far as I am aware. The biggest downside is that neither side believes the license to be trustworthy. It is too GPL for the BSD folks, and not GPL enough for the GPL advocates.

    --
    Insert self-referential sig here.
    1. Re:Runtime GPL by Xiph · · Score: 1

      Out of curiousity, where would you use runtime gpl instead of lgpl?

      --
      Blah blah sig blah blah blah irony blah blah
    2. Re:Runtime GPL by domatic · · Score: 1

      The output of a compiler for any non-trivial code will contain constructs that identify it as a product of that compiler. Basically, a $1000/hr lawyer might be able to argue that anything compiled with gcc should be considered a derivative work of GCC. Rather than a car analogy, I'll go for a genetic analogy. DNA tends to act as both compiler and source code all rolled into one. The protein a given sequence of DNA codes for could be considered a derived work even though God doesn't care if you denature, alter it with enzymes, or even synthesize it by other means.

      Now, the FSF are often branded as zealots. If so, they are long term and practical zealots. They clearly do not intend for anything that runs through GCC to be automatically GPLed. So in this case of code that transforms and generates other code, they explicitly spell that out to deny the shyster the chance to speak for them.

    3. Re:Runtime GPL by bazald · · Score: 1

      To some extent it is simply a choice to give developers more freedom to write less Free code. If you otherwise would want your library to be LGPL, the main reason for making the header files Runtime GPL is to allow the developer to use inline function calls, macros, templates, etc... without repercussion. The GPL and LGPL are too strict to allow the use of those constructs from GPL code in non-GPL code.

      Here is the variant I use for C++:

      As a special exception, you may use this file as part of a free software library without restriction. Specifically, if other files instantiate templates or use macros or inline functions from this file, or you compile this file and link it with other files to produce an executable, this file does not by itself cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License.

      --
      Insert self-referential sig here.
  26. It's the point of view by coobird · · Score: 2, Interesting

    I really think the GPL vs. BSD license debate really comes down to the differences in the point of view of who or what is actually "free".

    In the case of the GPL, it is the code that is free; it is born free and stays free. And modifications will still keep it free. For BSD, it is the person who obtains the code that is free; the person can more or less do whatever he/she sees fit with the code.

    So, I think there is a fundamental philosophical difference of which entity the freedom is assigned to.

    1. Re:It's the point of view by FishWithAHammer · · Score: 0, Flamebait

      I would agree with you. RMS and his cohorts have long valued the freedom of code over the freedom of people. (RMS, at least, seems to think it's an absolute sin that people dare to make money off software; his essays are frightening things.)

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    2. Re:It's the point of view by azgard · · Score: 1

      Yes. I would go even further - there is a rational decision behind your choice of license.

      If you plan to (or think that you will want to) make a closed product from the software you write today, you would use BSD license, so it wouldn't prevent you in doing it. That's why I think a lot of university projects are under BSD license, so that the students or universities wouldn't close the doors to get commercial profit on that.

      On the other hand, if you don't plan or don't want to release a commercial version, you will probably opt for GPL license, because it will increase contributions from people who would otherwise use it in closed software. So it's an advantage.

      So there really is nothing "magical" or "philosophical" about the GPL vs. BSD argument, just rational decisions.

    3. Re:It's the point of view by unapersson · · Score: 1

      "RMS, at least, seems to think it's an absolute sin that people dare to make money off software; his essays are frightening things."

      That's BS, RMS himself has sold GPL software.

      The guarantee the GPL offers is the free access to the source of whatever GPL derived software you happen to be using.

    4. Re:It's the point of view by marco.antonio.costa · · Score: 1

      I would agree with you. RMS and his cohorts have long valued the freedom of code over the freedom of people. (RMS, at least, seems to think it's an absolute sin that people dare to make money off software; his essays are frightening things.)

      You should read this RMS article then. Really scary. http://www.gnu.org/philosophy/selling.html

      --
      Send your spendthrift head of state this
    5. Re:It's the point of view by marco.antonio.costa · · Score: 1

      I really think the GPL vs. BSD license debate really comes down to the differences in the point of view of who or what is actually "free".

      In the case of the GPL, it is the code that is free; it is born free and stays free. And modifications will still keep it free. For BSD, it is the person who obtains the code that is free; the person can more or less do whatever he/she sees fit with the code.

      So, I think there is a fundamental philosophical difference of which entity the freedom is assigned to.

      I disagree with the BSD = free person vs. GPL = free code false dychotomy.

      The GPL doesn't make the code free, that's absurd, code can't exercise liberty, people can.

      Rather, it makes _you_ free to access the source. You are also free to modify it, but you are NOT 'free' to take from others that same freedom _you_ exercised to modify it ( it's kind of hard to modify a code you don't have access to, no? ), which is not freedom at all, but _power_ to restrict others' freedom.

      --
      Send your spendthrift head of state this
    6. Re:It's the point of view by chromatic · · Score: 1

      If you plan to (or think that you will want to) make a closed product from the software you write today, you would use BSD license, so it wouldn't prevent you in doing it.

      Nothing prevents the copyright holder from releasing a product under as many conflicting licenses as he or she desires.

    7. Re:It's the point of view by FishWithAHammer · · Score: 1

      I'm well aware of what he says. What he advocates is a simply unviable business model for the majority of consumer software out there. Thus, rather frightening.

      His disregard for the rights of creators (and his quite apparent desire to impose copyleft on everybody) is positively disgusting.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    8. Re:It's the point of view by marco.antonio.costa · · Score: 1

      Not unviable as many people are making money off it. Companies whose business model are still based on proprietary software can go bankrupt by my book, I really don't care.

      Times change, business models change.

      --
      Send your spendthrift head of state this
    9. Re:It's the point of view by FishWithAHammer · · Score: 1

      So you're also in favor of the destruction of the book (fiction and nonfiction) industries, too?

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  27. GPL is a way to stagnation by RCL · · Score: 1, Troll

    As someone said: "people paint for free. People do not tend to clean toilets for free". That's why open source projects often lack the style and visual appeal of closed source - because it's boring to code!

    BSD allows us to "paint", leaving closed source firms (Apple?) to "clean the toilet", making the project more appealing to user. With GPL, you have to "clean the toilet" yourself, as software company is not likely to build upon your project (not everything can be sold for "support" - think about game development for example).

    1. Re:GPL is a way to stagnation by marco.antonio.costa · · Score: 1

      You're wrong. And I'll give you a very exotic example: World of Warcraft.

      It's sold for support. Just think about it. They could scrap the cost of the boxed set and still make gazillions off it.

      --
      Send your spendthrift head of state this
    2. Re:GPL is a way to stagnation by Grey+Ninja · · Score: 1

      I am a game programmer. And although I have worked for companies that make fine use of BSD code, I don't think I've worked for one, or even met one that would be willing to contribute one line of code back to the original project upon shipping the game.

      That being said... I also doubt that I've seen many companies who would modify the code to do anything but run on the platform being developed for, so I doubt it's a major issue, since we are legally required to keep platform specific code secret.

    3. Re:GPL is a way to stagnation by Grey+Ninja · · Score: 1

      Sorry, I know it's not cool to reply twice, but I also want to mention one more thing. I have worked for companies who've used GPLed code as well. Sony is a very notable example, as all their dev tools are Linux based. They've even released their tools publicly for the PS2. (Note that I've not worked with the public tools, just the private tools, so I'm not sure if there's a 1:1 matchup there, but you would think there would be).

    4. Re:GPL is a way to stagnation by RCL · · Score: 1

      Sure, but not every game can/should be a massive multiplayer one. And not every gamedev company can afford an infrastructure/advertisement needed for that.

      Moreover, GPL'd client makes it harder to combat cheating (code IS documentation in some manner) and AGPL'd server (if you're unlucky enough to have to use AGPL'd code when writing the server) makes it impossible to prevent clones.

    5. Re:GPL is a way to stagnation by RCL · · Score: 1

      I am a former game programmer too. I know that no one is going to invest the time to clean up BSD code so it's safe to give it back (except maybe for a few occasional patches). But I don't see the possibility of using GPL'd code in a game at all. It's incompatible with copy protection, to begin with. And most games are still sold the traditional way.

      Well, I know that some (East European) gamedev companies use GPL'd code secretly... but it does not count - they aren't giving their changes back anyway.

    6. Re:GPL is a way to stagnation by Grey+Ninja · · Score: 1

      Yeah, I've seen use of GPL code as well. It's never sat right with me, but I've always made sure that my employers never did such things. The worst I've seen was one of my leads using code that was copyrighted to another company. I reported that to the CEO.

      But yes, I completely agree that we cannot use GPL code anywhere except tools, as it does not fit with our business model. My point was that I doubt that BSD code gets returned by our industry either. It just allows us to take without giving back.

    7. Re:GPL is a way to stagnation by KenRH · · Score: 1

      In a game the program/code might be GPL but the grapichs, sound, story and possibly action scripts for NP-Characters might be considered data and be under a different license.

      So it would be possible to have an opensource game engine and have companies charge for modules with content for the engine.

    8. Re:GPL is a way to stagnation by RCL · · Score: 1

      While theoretically possible, it is highly unlikely in practice. At least with publishers our company had to deal with - they all sell only copy-protected games. That means encrypting the exe and tying it to medium/license in some way in order to forbid running it without valid key. That cannot be done to a GPL'd program.

  28. Er, I think you got that reversed by Mathinker · · Score: 1

    If you had licensed your post with either of the the two licenses, I could have fixed it directly using the Slashdot edit fun...

    Never mind!

  29. Linguistic Issues... by ruinevil · · Score: 4, Funny

    They should make the Latin translation of GPL and BSD licenses the standard. It's a nice old language that no one really adds words or meanings to. I think that'll fix the gratis/libre issue. If it worked for the Catholic Church, it should work for the rms...

    1. Re:Linguistic Issues... by tokul · · Score: 1

      If it worked for the Catholic Church, it should work for the rms

      It worked only for one thousand years in a environment controlled by the church. Then Huss and Luther came.

    2. Re:Linguistic Issues... by Anonymous Coward · · Score: 0

      +1 insightful

      This is also why latin works well in medicine. You don't want the language describing your condition to evolve from under you. You want the language prescribing your treatment to be dead and static.

  30. I've heard that somewhere else. . . by mosb1000 · · Score: 2, Funny

    That sounds remarkably similar to the argument the RIAA uses to go after file sharers. Not that there's anything wrong with that.

  31. GPL is free trade agreement by Anonymous Coward · · Score: 0

    BSD is like free goods. GPL is like free trade. Like aid to a foreign nation, the BSD code is open to those who need it most has few strings attached. We write BSD code because we want people to be free to take what we have done and do anything with it.

    GPL and LGPL are like differently-scoped free trade agreements between organisations. You can take my code but you can't release your changes without also making them available back to me.

    I see greater certainty in the GPL/LGPL model: A company can invest in a GPL project knowing that although its contribution may benefits its competitors, its competitor's contributions are also a general benefit. I contribute to a project that reduces my cost base but does not produce what I would consider a strategic advantage over my competitors. My competitors may view the project in a similar light.

    I know I am going to suffer up-front costs associated with contributing, however I am likely starting from a better base point than if I had re-implemented the project from scratch on my own. I also have the tantalising prospect of not having to pay maintenance costs over the lifetime of the project. If there is enough critical mass these costs will be spread thinly between contributors, or concentrated in a few individuals that hopefully work for someone else ;)

    As we each contribute we achieve a better outcome for our customers, and are able to concentrate more of our efforts on points of difference than in re-inventing point of similarity between organisations.

    I see BSD as closed-source friendly and "freer". However, I see GPL as genuinely more business-friendly.

    Benjamin.

  32. In Theory. . . by mosb1000 · · Score: 1

    That's a nice theory, but since Apple sells a product, they can always pay programmers to make up the difference. It's hard to measure "goodness" but I don't think there's any reason to believe that Linux is getting better any faster than OSX.

  33. How are you kidding? by Demena · · Score: 0

    I genuinely want to know.

  34. BSD license is much more condusive to businesses by Anonymous Coward · · Score: 0

    I find the GPL intriguing, but I cannot ignore how it alienates every aspect of the software business model. GPL advocates always state how "free" stands for "Free as in Freedom, not Beer", but let's analyze a situation where a company decides that they want to charge for their software product (source included of course). Company X has produced a cool program that builds on some existing GPL code. They decide to charge $150 for the program and source. Because it is GPL, anyone can take that source code, change it however they want, and then give it away for free (as in beer). So how is company X, who put in a ton of time and resources, ever going to expect to sell their software when a near exact derivative is available for free?

    This brings GPL advocates to state "there are other ways to make money" - namely selling support. I'm sorry, but going from a mega multi-billion dollar industry to a service-based industry is daunting to say the least. Why would anyone ever want to become a software developer is such a world? Sure, there is lots of code to look at, but no one to pay you for your time.

    In the BSD license, Company X could opt to close the source on part or all of the code, thus retaining the ability to effectively sell it. Alternatively, they could release the source code under a different license, which would not allow derivative works to be given away (or something of the sort). This is much more appealing to capitalists.

    The GPL has done a good job at fighting back against Microsoft, and some of the other monopolists, but I sincerely believe that if it continues as rigidly as it is, one of two things will happen - either it will eventually lose momentum because businesses aren't willing to forfeit their income to the GPL, or, it will take over and software will become stagnant because there won't be anyone to pay developers for their work.

  35. lemonade metaphor from GPL perspective by bugi · · Score: 1

    This version of the lemonade metaphor more accurately describes the intent of a GPL'd lemon. "I have a lemon tree. I'll give you lemons if you tell me and all your customers how to make lemonade."

    There's an impedance mismatch between physical property and so-called "intellectual property." As such, this and any other metaphor can easily be abused. And frequently are.

  36. let us now praise famous wildebeasts by senahj · · Score: 1

    I'm glad that we have a choice of licenses.
    Let a hundred legal flowers bloom.

    But in my prayerful moments I thank the Tao of Programming that gcc and gdb exist, and are GPL'ed. Thank you RMS.

    Those of you who were not programmers before gcc became the lingua franca perhaps do not recognize how these two tools have revolutionized computer engineering. Code used to be negligibly portable. Adequate development tooling was once scarce, buggy, and expensive, even for popular platforms such as the PDP-11 and Data General minis.

    --
    Wait a minute. Didn't I say that on the other side of the record? I'd better check ...
  37. Short summary is this: by poetmatt · · Score: 1

    It all ends up like this:
    All logical debate aside, it is purely personal preference.

    Without starting another round, I merely prefer GPL myself. I compare it to the wine vs cedega examples personally. In an interesting philosophy if someone were to be able to combine GPL and BSD into a license, I think we'd be in good shape.

    This in fact reminds me exactly of how Israeli Kibbutzes worked as a physical example. First it was "everything is shared, period- 100% communal" but people still wanted ownership of things for themselves, so they'd allow things to be "bought" from the Kibbutz at a price enough to replace said item within the Kibbutz for sharing. As noted, there still isn't an exact solution - everyone has a preference on one side of the scale or another.

    Anyone have ideas how having a shared community system where things can still be purchased for the individual would work with both BSD and GPL simultaneously?

  38. There is one gramatical mistake by Bill,+Shooter+of+Bul · · Score: 1

    GPL v2 doesn't say anything about use. Its all about distribution of the program. You can use it however you want ( See Tivo), you just can't distribute it with out also distributing the source. You might argue that distribution is a use, I would argue, however that use is far too broad a term to apply to the restrictions of the license.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  39. But code is all there is by Anonymous Coward · · Score: 0

    Platonic idealism strikes again.
    The code is the closest think to an actual object, because it's what was actually created, while the project is just an abstracted idea of what the code is.
    I don't see how anyone can be comfortable claiming to own the concept of something they don't even control, but that's exactly what the BSD license is about.

    The world would be so much better if people stopped trying to own ideas.

  40. Why the argument? by LS · · Score: 2, Insightful

    It seems to me that there is enough room for both licenses in this world. There's no need to pit them against each other as enemies. In the end it's the author's code, and if he wants to make a license that requires you to film yourself doing a back flip and send it to him before you can use it, then so be it!

    All this shit about communism and Laissez-faire is ridiculous. Both licenses are built upon US copyright law.

    LS

    --
    There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
  41. I don't think it is a linguistic misunderstanding by KostasPlenty · · Score: 1

    .. it seems to me that someone who releases their code under BSD is not interested where it will end up, whereas someone who releases it under GPL cares. And it does not have necessarily anything to do with being anti-business or communist.

    I for instance have nothing against business as a concept in general as long as they behave ethically. And as ethical behavior I consider allowing every one to see a program and use it as they like, including selling it. My justification for that is that a program - even one written from scratch - is always based on the efforts of previous computer scientists and therefore it is unethical to deny one access to that. It would be, for me, like taking advantage of all the physics research which is property of mankind and discovering a new law and telling no one. I have nothing against making money out of it but i consider it unethical to keep the details secret.

    So, to come back to the argument, I consider that BSD does not promote computer science, because it doesn't guarantee that computer science benefits from progresses made in it and on top of previous efforts, while GPL does. There is no linguistic misunderstanding here :-)

  42. One license to rule them all! by Waccoon · · Score: 1

    Frankly, it's arrogant to say that one license is truly free, and another is not, when they both allow you to share your code with the public.

    I don't know why people have to choose one or the other. I use the MIT license for core components so people who like the BSD license can use my code just like the GPL people. My actual projects use GPL. Anyone can use a template engine, but the actual templates will be a bit more specific to that actual project, so contributions to the code will probably have more impact on the actual product itself.

    That's why I like lesser licenses. You can always upgrade them later. Pardon my language, but GPL people tend to be a bit bitchy about freedom. I grew up on the Amiga, and everything was public domain back then. It didn't stifle the community one bit -- certainly not as much as Commodore did for their own computers. It took a long, long time for the concept of open source to make its way into other computer markets, even for other 80's computers where everything was new, and enthusiastic, budding hackers were everywhere.

    Really, the only reason I use the GPL at all is so I can get other people to help me out. Lots of people won't even touch a project licensed under MIT, no matter how cool it is, so finding contributors is very difficult. People just don't want to let go of code for free, even though they are perfectly capable of releasing it under the GPL later.

    I've found that people who argue against MIT are similar to those who argue against open source in general. They don't want to make it [b]that[/b] open, or else they might lose control. Well, gee... concerning a core code base or tool, that might very well happen, but if a whole project gets forked and then starts to overtake the original project, I'd say there's something fundamentally wrong with the design and implementation of the original project, and not with the license. I don't think a well designed project should use a single monolithic license for everything.

  43. Free is not well defined by zappa86 · · Score: 1

    Again, I see people not certain about "free" so I will again try to clarify the differences I understand in the licenses. The BSD license grants you (the recipient) the ability to do what ever you want with what you get. The GPL licenses ensures that others will be granted the same rights as you (modify, redistribute, etc) Which is more "free" is up to you. A paradox is reached for the lack of well defined terms. For Example, Lets say we live in a free society, if that means we are able to do whatever-the-fuck-we-want then I could kill you, but, that would have taken away your freedom (which is "bad"). But if the law prevents me from killing you, then my freedom is taken away because I can't do what I want (which is "bad"). As there is no real solution to this, we humans attempt to draw the line based upon our own experience and beliefs. The GPL errs to one side and the BSD to the other.

  44. Wrong question by nyet · · Score: 1

    The question isn't "which is the better philosophy". Both licenses are simply tools. Choose which one works for you. Some programmers like what the GPL does for them, some prefer BSD.

    Some BSD advocates like to claim the BSD license attracts better programmers.

    Some GPL advocates like to claim the GPL license attracts more programmers.

    The entirety of Mr. Chemisor's post is flamebait and can be safely ignored.

  45. Deeply flawed analogy by NotQuiteReal · · Score: 1
    GPL is like a fruit with a seed that the animal has to swallow whole. (Which, by the way, is a food that compels the animal itself to allow itself to be swallowed whole.)

    BSD is like a fruit with a seed that the animal can choose to chew and destroy. However, it is a magical fruit that ALSO remains on the tree even as it is plucked, so was anything really taken?

    --
    This issue is a bit more complicated than you think.
  46. Noooooo!!!!! by Max+Littlemore · · Score: 5, Funny

    Imagine that you wanted to start your car making business... and then you find out, that unless you are able to build a Ferrari, you'll fail: the market is filled with crude and unsafe (but extremely cheap) Chineese cars, which you can't compete with on price.

    That is the situation where GPL leads us to. Inability for small companies to profit from mplayer code means that only large companies like Microsoft or Apple will be able to sell closed source video players.

    That's it... /. is over. Here we have a car analogy in a flame war about software licenses which mentions Apple, Microsoft and media players.

    Now what is there to live for?

    --
    I don't therefore I'm not.
    1. Re:Noooooo!!!!! by austin987 · · Score: 1

      I wish I had mod points to mod you up :-(.

      Sadly though, the analogy is still missing Linux. Perhaps Tux drives the car?

    2. Re:Noooooo!!!!! by Jurily · · Score: 1

      It needs some porn references. Oh, and I vi vs. emacs.

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

      1. In Soviet Russia, only old South Koreans use the Beowulf cluster of Netcraft to confirm the death of YOU! 2. But does all your base run Linux???? 3. Profit!

    4. Re:Noooooo!!!!! by Americano · · Score: 1

      Yeah, Nazis like you would have us believe that there's nothing else to live for... but you'd be forgetting Natalie Portman.

  47. Re:Semantic quibble. by Anonymous Coward · · Score: 0

    If you are getting paid to do it, it is not open source. ...did you read OP? He said, specifically: "If I am paid to do open source"

    Which kind of implies that's already been sorted.

    Your post is basically re-stating what he said, badly.

  48. gifts -- personal vs commons by bugi · · Score: 1

    Try thinking in terms of a library. You write a library, then someone else uses it in their own project, and in the process fixes a bug. They don't bother sending the fix back to you, and you later run into the same bug. Is that fair?

    You might argue that library is a gift, and the giftee has no obligation to use the gift to the giver's benefit. That makes perfect sense if the gift is from one person to another person -- the spirit of giving and all.

    A GPLer however would say that the library is a gift to the commons. If one walls off that part of the commons for one's own private use, then one steals from us all. You may participate in the commons or not, but if you participate then you must treat the commons as the commons, and not as your private property.

    1. Re:gifts -- personal vs commons by Anonymous Coward · · Score: 0

      That's a stupid analogy and a perfect example of where rabid GPL'ers go off the deepend. Let me know when you factor in an infinitely reproducible commons within which I can never, ever, ever take away the code you've written (I can only duplicate it).

  49. Good journal entry, but the analysis is flawed by deek · · Score: 1

    This is a good journal entry, and has some interesting points. Unfortunately, there's obvious bias towards the BSD license throughout it, which detracts from its impact.

    I really like the code/project distinction. I think Chemisor has made a good insight here. BSD license advocates are certainly more protective of their project than they are of their code. This is obvious, because they don't mind if their code is used in closed source projects.

    But, and this is the major fault with Chemisor's analysis, GPL advocates are not necessarily vice versa. GPL coders can care as much about their project, as the code they write. In fact, I believe the level of importance would more often be equal than different. Any coder would have to be passionate about the project, if they create or contribute open code, no matter what license they put it under.

    No license is right or wrong, they are just different. The license reflects the philosophy of the coder, and that is all. We can all agree that code "belongs" to the coder, so it is their choice in how they open it to everyone, if they want to do so.

    Personally, I'm glad that any coder opens up their code, no matter what license they choose. It has certainly helped me with my understanding of computing.

  50. why the GPL is so successful. by Anonymous Coward · · Score: 0
    Because it makes one kill his wife?

    ---
    ducks and covers.

  51. Wrap the garbage? wtf? by eille-la · · Score: 1

    A GPL advocate sees an entirely different situation. To him, it is the code that comes first, and the applications built from that code are a secondary consideration. Even a single line of code is precious, whether it contains a complex spline formula or i += 2;. As an aside, I would expect this mindset to be more prone to reusing other people's code instead of reimplementing it. Where I would scoff at a piece of code, call it utter garbage, and rewrite the damn thing from scratch, a GPL advocate would probably wrap the garbage in another API that he finds more palatable. In my opinion, this leads to bloat from wrappers, instability from the garbage that is still there, and loss of skills. What programmer from the current generation is up to the challenge of reimplementing libjpeg? But, I digress. I am here to explain, not bash, so please excuse this little rant.

    What? So you are saying that GPL advocates are worst coders than their BSD counterpart? How can a license choice make a coder choose bad code and write a wrapper around it just for the sake of re-using that bad code? There might be bad coder doing that weird thing whatever the license used for the code.

    Nice try, but your opinion about the whole subject has no value, to me.

  52. That's what makes me... weary of GPL by Moraelin · · Score: 0, Troll

    Those 'deep differences' are exactly the same as the 'semantics'. GPL vs. BSD is, after all, a battle over what it means to be 'free'. Linguistic, philosophical...it's all the same battle.

    Well, that's just what makes me... weary of GPL. Actually, no, of GPL zealots, starting with RMS himself. The semantics games, redefining words, and bullshit propaganda wording.

    Note that I'm not against the GPL as a contract. You want my code, I set a price for it. Lemme see you give something back if you want it. Perfectly fair. No arguments there.

    What I'm getting sick of is the whole "freedom of speech" and "free as in speech" bullshit. Because, like any such abuse of buzzwords like "freedom", "free speech", "democracy", etc, just to mobilize the masses, it devalues the real human freedoms and ideals that those words were supposed to mean.

    "Freedom of speech" just means the government will not send you to Siberia for saying something. (Political.) You can say "Bush is a retard" and Bush can't send the secret police to silence you. Or that's how it was supposed to work. In terms of code, if you see the code as speech (which seems reasonable), it means that you can write that code and publish it, and the secret police won't hunt you down for it. That's it. That's "freedom of speech".

    It's also worth pointing out that the first amendment was about your relation with the government. It's even spelled out clearly. You know, what with those guys having just had to take up arms against good ol' Mad George to make their point. But that's it. It says that the government can't forbid you to say something. It does not say that someone else has to carry your speech, or help you spread it, or contribute to it, or anything. Applied to code, it just means the government won't try to stop it. It doesn't mean and wasn't supposed to mean that you can make a corporation do anything for your speech or your code. The related concept of "freedom of press" applies to whoever owns the press, btw.

    Bullshit speeches about immoral corporations stealing your code from you and locking it away from you, are equally bullshit. Once you've published that code, and assuming it doesn't infringe on anyone else's IP, nobody can take it away and make it disappear. It can stay there for ever on some FTP server with your name on it. And it's trivial to prove that you published it first, should some copyright or patent troll try to use that to steal your code. But at any rate, even the GPL doesn't prevent that: if someone were to claim that you copied his copyrighted code and slapped a GPL on it, you're back to square one, they have to prove that your code contains a substantial amount of code they wrote first.

    What SCO tried to do, that's basically that kind of theft. They tried to claim that a bunch of code in Linux is really theirs. The GPL did jack squat to prevent that. With any kind of license whatsoever, from closed source to BSD to a freeware "just take it and do whatever you wish with it" license, the same would have happened: SCO could still sue just as well, and they'd still have to show a judge the lines of code they claim ownership to.

    What someone might do is use it without contributing something back. You know, as in really free. All the GPL does is put some conditions on it. You know, as in _less_ free.

    Again, I'm not against the principle. You can ask for whatever you wish in exchange for your product, and the market should decide whether they want to pay the price. You want code in return for your code? Fine. Seems fair enough.

    I'm just saying let's just have an _honest_ discussion for a change. Drop the bullshit "freedom of speech" slogans. Present your license as what it really is.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:That's what makes me... weary of GPL by Anonymous Coward · · Score: 0

      Those 'deep differences' are exactly the same as the 'semantics'. GPL vs. BSD is, after all, a battle over what it means to be 'free'. Linguistic, philosophical...it's all the same battle.

      Well, that's just what makes me... weary of GPL. Actually, no, of GPL zealots, starting with RMS himself. The semantics games, redefining words, and bullshit propaganda wording.

      Note that I'm not against the GPL as a contract. You want my code, I set a price for it. Lemme see you give something back if you want it. Perfectly fair. No arguments there.

      What I'm getting sick of is the whole "freedom of speech" and "free as in speech" bullshit. Because, like any such abuse of buzzwords like "freedom", "free speech", "democracy", etc, just to mobilize the masses, it devalues the real human freedoms and ideals that those words were supposed to mean.

      "Freedom of speech" just means the government will not send you to Siberia for saying something. (Political.)

      You seem to have a massive misconception about the GPL. "Free as in speech, not free as in beer" is not a misguided attempt to derive Free Software liberties from freedom of speech, it's just a handy mnemonic to explain that free software is free as in speech(liberty), not free as in beer (price).

      What someone might do is use it without contributing something back. You know, as in really free. All the GPL does is put some conditions on it. You know, as in _less_ free.

      That's not accurate. You can "use" it without contributing anything, you just can't distribute that code, or something containing that code, with the GPL stripped off. In fact, your repeated inaccuracies have tipped me over the edge, now you're going to have to deal with a car analogy.

      There are two car dealers. One sells an infinite number of feature laden cars at no cost, which you are allowed to change however you please, with the small restriction that you must distribute any modified cars under the same conditions. The other dealership also sells an infinite number of feature laden cars at no cost, with no restrictions. In the first case the cars have more liberty, in the second case the direct receivers of the cars from the dealership have more liberty. Of course, they use this liberty to make some harmful modifications so that they break down faster, then change the law with political connections so that only their less useful and now monetarily expensive cars are the only cars allowed on public roads. This is good for business, when business is defined as corporations owned my the president's immediate family, and that's why the BSD is more free than the GPL, and also better for the economy.

    2. Re:That's what makes me... weary of GPL by fictionpuss · · Score: 1
      To the GNU guys it is a moral ideological war they are waging, based loosely on the premise that society will be better off when technological progress is shared and that there are less barriers to education. Etc, etc.

      So the slogans and propaganda are the goal, and asking them to cease it is entirely pointless.

      The more interesting point to me, is that society needs extremists and people on the fringe like the GNU zealots as they expand the boundary of acceptability.. and the trends of social evolution will find a balance that 'works' within that enlarged environment.

      Towards that end, the 'battles' between BSD and GPL licenses raise visibility for both.. and so each side has a motivation to keep up the appearances of hostility.

  53. Errr, BSD is true freedom by Anonymous Coward · · Score: 0

    The BSD is almost true freedom for (wo)man to choose what they will do. One can opt to place a more restrictive license - as a human you have more freedom to choose a choice of action under BSD than GPL.

    The True Freedom is public domain, where the taker can claim they are the author of the new work (see commentary of Disney and 'their stories' as an example.) True Freedom is the freedom to be an antisocial ass. Or to contribute in a sharing, positive way - whatever floats ya boat. (I'd insert something about the freedom to choose ones path being biblical or being like God allowing the choice of following Satan but I'm sure the person who wrote 8000+ words to compare BSD to GPL on slashdot already did that.)

    And isn't maximizing being human the most important thing in todays de-humanizing electronic world?

  54. healthcare analogy by Anonymous Coward · · Score: 0

    You can have GPL Healthcare for free, with certain conditions; You can't smoke, you can't be fat, you can't be too old. Oh, and you can't buy your own healthcare because all the doctors can only provide GPL healthcare.

  55. GPL and copyright mix just fine by bugi · · Score: 1

    The article points out an apparent inconsistency between disgust with copyright and use of copyright for GPL.

    The disgust is not so much with copyright as a concept, but that copyright has been horribly misused. We don't like how the rules have been warped, but we will happily turn those same rules to benefit the commons that has otherwise been all but abandoned.

    Basically, if you want to play with us then you have to play fair.

  56. Re:BSD license is much more condusive to businesse by eille-la · · Score: 1

    I think the market of selling software just can't survive. Once you accept that, its natural to use the GPL license and let the free code profit to everyone on the long term.
    You want to sell software for a living? You can, but it get cracked in hours, distributed easily and efficiently with bittorrent, or much better: a free alternative exists. From all the listed things I don't think any will ever disapear, just the contrary in fact.
    By the time you lose energy fighting against software crackers, commercial or free alternatives, the free alternatives will get solid and featureful enough to be used instead of your commercial product.

  57. Misses the point by Tord · · Score: 2, Informative

    As far as I'm concerned the author totally misses the point with the GPL.

    I don't care about "my code being free" the way he expresses it. What I care about is to create a level playing field between free and proprietary software and nurture the existence and proliferation of free software. With BSD-style licenses the proprietary software developers always have an upper hand in the race for consumer mindshare and userbase since they can take any BSD code but doesn't need to (and most often doesn't) contribute anything back. They can always stand on our shoulders but we can't stand on theirs so they will always be a head higher.

    For free software to proliferate, which is a personal goal for me for many good reasons (freedom to tinker, freedom and savings for enduser, privacy protection, establishing of standards, sharing of wealth, better for developing nations, faster inovation etc) we need a bigger userbase which currently is occupied by proprietary software.

    We will not achieve that by remaining upstream providers for proprietary projects, which BSD-licensed projects often become.

    The BSD-licenses have their place in certain projects where it is more important to advance the technical field for both proprietary and free software than advancing the marketshare of free software.

    Without marketshare we are always bound to play catch-up with standards, hardware support etc. and as a community remain marginalized. The GPL, with it's restrictions against inclusion in closed projects, helps us to gain marketshare.

  58. Missing the point - charity == tax relief by flyingfsck · · Score: 1

    Most(?) people completely miss the point. The main motivation behind both GPL and BSD licenses is to avoid paying tax.

    For example, SW Company develops a useful program. SW Company donates said program to a charity controlled by said SW Company, and write itself a tax receipt for umpteen gazillion dollars. SW Company can now avoid paying tax for umpteen years.

    When something doesn't make sense, follow the money.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  59. Re:There is a reason -- BULLSHIT ON THAT REASON by itsybitsy · · Score: 1

    Bullshit.

    Apple is working to eliminate GPL'd code from their system. For example they are using the BSD Licensed LLVM and clang projects, funding them actually, to replace - eventually - the GCC compiler currently used in MacOSX. Now they currently say that they don't plan on replacing the GCC totally but you gotta know it hurts BSD OS projects to have to build their binaries with GCC; in fact it stinks. Yeah for LLMV! Corporate sponsors are putting the code back much to the disdain of the GNU ilk who think that they are only ones who contribute code back since THEY ARE FORCED TO BY AGREEMENT. BSD folk don't have to yet they do out of their own interest and good will, no FORCE needed.

    Apache is another example of a project with BSD like license with code being contributed back successfully.

    Apple can and will avoid icky linux GNU crapy code.

  60. Is this just a hate/don't hate Microsoft issue? by Anonymous Coward · · Score: 0

    This seems to be just an issue of whether you want Microsoft to be able to use your code. I for one, could care less, so I use BSD. I am happy if some other person or organization takes my code and utilizes it in their product. I have not a care in the world that it may be a closed-source project.

    Also, if someone forks my project and does a better job than me -- wonderful, I can go and work on something else.

    I want others to use my project and I don't care what they do with it or who they are. If they can take it and make something that is useful to someone else, I'm satisfied.

    I would never restrict other developers by releasing my code with the GPL. However, if they want to incorporate it into their GPL project, so be it.

    In no way do I want to restrict other's use of my code. I don't think it gets any more free than that.

    p.s. If someone becomes a billionaire by releasing a closed-source version of my code, I'm fine with that too. :-)
  61. a little statistics goes a long way ... by Anonymous Coward · · Score: 0

    Now, this is a small sample size (7 developers I know), but potentially interesting for fuelling futile discussions:

    100% (4 of 4) of those releasing the code they have been paid for to develop (company's decision) do it under BSD.

    100% (3 of 3) of those releasing the code they did on their own time (while getting paid to flip burgers or do database consulting) do it under GPL.

  62. Flamefest! Quick, let's add strawmen! by Antique+Geekmeister · · Score: 4, Insightful

    I've been dealing with BSD licenses for decades, and GPL licenses since Richard Stallman and his comrades first created them. I'm sad to say that this original post is absolutely full of strawmen. People like *THIS*, who skew the basic terms of both sides, are much more of a source of GPL/BSD license flaming than almost any of the actual software authors and license advocates. It starts with is original statement 'BSD projects are free, but GPL projects stay free'. BSD projects are under the control of the project owners. GPL projects are under the control of the users. The difference is _that_ simple.

    He continues iwth his skew: When he says 'But, I digress. I am here to explain, not bash, so please excuse this little rant.', right after insulting the free software process of nabbing snippets from one project to use on another in the GPL world, it's adding insult to injury. This rant is inexcusable, and ill-founded. Most projects do not benefit from a complete rewrite, because few programmers are capable of doing as thorough a job as a few years of evolution and community involvement can provide. If you think I'm kidding, take a look at all the software building tools published, and at how GNU-make continues in such widespread use because the problems that the new developers think are so devastating pale in comparison to the ones we solved 10 or 20 years ago with basic Makefiles, and we know how to scale them and manage them.

    Then there's "GPL code can only be legally embedded in GPL projects, and if a non-GPL project wants to use GPL code, it must either not do that, or become a GPL project." Complete nonsense: there hundreds, if not thousands, of dual-license projects in broad use. It's awkward, but effective.

    And there's "By the laws of private property in the real world, my ownership was relinquished at the time when I handed him my lemons." Complete nonsense. There is a sign up that says 'If you make lemonade from this, you have to share'. Plenty of apartment-sharing situations and households work this way: when mom or dad shows up with the groceries, and the other one cooks, everyone gets some of the food. It's part of why they bring home the groceries: the teenager does not get to take all the lemons from the refrigerator and make and sell lemonade and expect dad to buy more lemons everyday.

    His following claim that "The derived project is wholly owned by whoever wrote it, even if it uses other people's code." is also complete and utter legal nonsense. Copyright doesn't work that way: duplicating paragraphs, or pages, or chapters out of another work can indeed be a violation of copyright. Copyright law is tangled, and such complete disregard for its actual use simply obscures it. Software copyright is particularly nasty: If you look at a typical closed source license, such as a Microsoft End User License Agreement, you'lll see a complex and far more intrusive set of copyright restrictions.

    I've worked with BSD licenses on a number of projects: they do have their uses, but this is just insulting to the GPL community. And it makes the BSD license users look bad because it claims to speak for the rest of them, when there are plenty of better reasons to use BSD licenses. (Controlling one's own project, and making money by selling enhanced proprietary components, is a legitimate business model, for example.)

  63. I'll write free code... by Rix · · Score: 3, Informative

    But I won't code for free. That's the real difference.

    I'm happy to let you use things I've written, but if you're not willing to reciprocate with what you do with it, you'll need to cut me a cheque.

    1. Re:I'll write free code... by Gazzonyx · · Score: 1

      That's a lose-lose for you! My code contains no comments, and my checks bounce! :)

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    2. Re:I'll write free code... by endeavour31 · · Score: 1

      That sounds very much like the closed-software model

    3. Re:I'll write free code... by Anonymous Coward · · Score: 0

      Therefore you do code for free. Pretty much any open source license, including gpl, lets your code be used in a propriety product. As long as they aren't making their code a derivative work of yours they don't have to release any of their code. So they are selling a product and making money and using your code and you'll get nothing back.

  64. Horses for Courses by EEPROMS · · Score: 1

    I think both licenses are great and I use them differently depending on what my commitment is to the code over time. If I have a long term interest in a project were I am happy to maintain it for a while I go with either LGPL or GPL. If I have no interest in the code (one of hacks etc) I just put it under the BSD license and let it float away into the ether that is the internet.

  65. I just wanna cut code... by Horar · · Score: 1

    Licences are for suits and suits just get in the way.

  66. thanks by Anonymous Coward · · Score: 0

    cb

  67. Another difference in Freedom by itsybitsy · · Score: 1

    === GPL ===

    GPL folk are interested in having the source code always be open primarily for the end users (or developers downstream) and as such place restrictions upon what developers using the code can do with the code.

    GPLer folk want freedom for their code above all other costs or considerations INCLUDING OVER the considerations for potential developers for which they care not.

    === BSD ===

    BSD folk are really interested in FREEDOM FOR THE DEVELOPER.

    BSD folk are interested primarily in providing DEVELOPERS with MAXIMUM FLEXIBILITY and FREEDOM OF CHOICE in how they use the code.

    === TWO MEANINGS OF FREEDOM ===
    Two entirely different notions of what constitutes freedom and thus the confusion when discussing "freedom".

    This difference and dispute over "freedom" goes back to Richard Stallman's unfortunate choice of meaning for the words "free" and "freedom" that is use to propagandize GPL/GNU code.

    The words free and freedom has many potential meanings as this link demonstrates, get used to it:
    http://www.google.com/search?q=define%3Afree
    http://www.google.com/search?q=define%3Afreedom

    === CHOOSE FREEDOM FOR HUMAN DEVELOERS ===

    I choose freedom for DEVELOPERS since we are sentient human beings while code isn't!

    1. Re:Another difference in Freedom by arose · · Score: 1

      Are downstream developers any less human? Stop the doublethink.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    2. Re:Another difference in Freedom by itsybitsy · · Score: 1

      That is what the GPL says, "Downstream developers aren't adult enough to make their own decisions about whether or not to release their derived works or keep them private. I the GOD of developers will impose upon them (if they so choose) the RULES of the GPL and heaven help them if they violate the COLLECTIVE RULES of THE GNU HURD. POWER TO THE SOCIAL MOVEMENT COLLECTIVE aka communistic gang enforcers."

      BSD on the other hand says that you are an adult and can make YOUR OWN decisions about whether or not to release the source for YOUR DERIVED works and WHEN and HOW or HOW MUCH to release - AS YOU CHOOSE. True Human Freedom. No need for any enforcement. Sell it. Make money. Yea.

    3. Re:Another difference in Freedom by arose · · Score: 1

      I was talking about the developers further downstream, the ones affected by their providers choices, but I see it's no use.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    4. Re:Another difference in Freedom by itsybitsy · · Score: 1

      As am I in my response.

      BSD: Yes, some downstream of a BSD developer won't see the source code. That is fine. They can always get the version that the upstream developer used!!! They are still free.

      GPL: Why is it that you GPLers feel you have the right to override the personal human freedom of any developer? You'd rather force people to submit to the collectives viral communistic than to let them choose on their own accord FREELY. Joining the GPL club is a one way decision IF you add code to it. That code will forever be locked into the maws of the GPL. Good luck with that. (In my naive days before seeing the TRUE PERSONAL FREEDOM of the BSD LIGHT I did release code under the GPL by the way).

      GPL: In the GPL case downstream developers have NO CHOICE but to release the code if they want to distribute it. Yes, they can see the code but if they want to use it they have to COMMIT TO THE COMMUNISTIC COLLECTIVE UPFRONT AND TO THE RULES OF THE GREAT LEADER RICHARD STALLMAN. HEIL STALLMAN.

      BSD: There is no leader. Just people who share an interest in sharing code WITHOUT IMPOSING LOCKDOWN ON PERSONAL FREEDOM RIGHTS.

      GPL: NO SO MUCH. LOCK IT DOWN WITH PAGES OF INDECIPHERABLE RULES WRITTEN BY A LAWYER AND NOT COMPREHENSIBLE BY ANYONE OTHER THAN A LAWYER. COMMUNISTIC HURD RULES THE WASTELAND OF OPENSOURCE.

  68. funamentally BSD vs GPL relates to money by alxtoth · · Score: 1

    If you write code under BSD license, you probably get your funding from somewhere else: academic grants, state grants etc. As such, your income is somewhat coverred, therefore you don't care if others make money off the project while you dont.

    GPL is the opposite= you do it for free. And you do mind if others make money off your work while you don't. That's why most succesfull GPL projects are dual licensed.

    -Alex

    --
    http://revj.sourceforge.net
    1. Re:funamentally BSD vs GPL relates to money by geminidomino · · Score: 1

      Bullshit. I get paid to write GPL software (since the project began life as GPL software written elsewhere).

      When I code in my copious free time, my code goes under the BSD (or occasionally perl artistic) license.

  69. Rant at 11 by Anonymous Coward · · Score: 1, Insightful

    A BSD advocate ranting on GPL ... news at eleven.

    Does this really help in discussions of GPL vs. BSD?

  70. Sigh by Secret+Rabbit · · Score: 1

    """
    The argument is that GPL adherents desire the freedom of their code, while those on the BSD side want freedom for their projects.
    """

    This is where I stopped reading because it's wrong. The GPL is about freedom for the user (i.e. RMS' definition of free NOT the dictionary definition). It has nothing to do with freedom for the code or any such thing. BSD is about freedom as an absolute (dictionary definition).

    Btw, BSD code always stays free in the same sense as GPL code (given the dictionary definition). As in, as long as someone has the code it will always remain BSD similar to the GPL (even GPL code can go away if the file ceases to exist/CVS taken down/etc). That's how licenses work no matter how much RMS says that they don't.

    The actual difference is that RMS' ideology is shoved down others throats with the GPL whereas the BSD gives others actual freedom. I personally like actual freedom and abhor people trying to shove things down my throat which is why I choose the BSD.

    That being said, it all depends on ones goals. For instance, IBM (among others) give tonnes of stuff to Linux. It would be naive to think that this is selfless. What they are doing is promoting there hardware, which is what they sell, by way of giving software away. In the long run, it's going to be cheaper to pay a few people to get Linux to run on the Cell, create libraries that give easy access to the SPEs, so that Scientists/hobbyists can run stuff on the Cell than to market it in a traditional way.

    On the other side of the fence are companies like Redhat/etc (newlib - non-linux targets) and Insomniac Games (Nocturnal Initiative) that have BSD/MIT licenses. Because, they are in it for the betterment of all. Not just people that think like they do. Not to sell any products.

    The flame wars are all about not recognising the above and attempting to get people to believe the way "you" do. Kinda like the crusades. Because, of course "you're" right, right? Because, "you're" infallible, right? They way the truth and the light, right?

  71. Dual licensing with time limits by DamnStupidElf · · Score: 1

    The main benefit of the GPL over the BSD license is that it requires improvements in software to be given back to the community. I think that a hybrid model that allows for commercial exploitation might have a better chance, basically a BSD style license with time limits on proprietary releases. After 5 or 10 years, any software modified under the license would revert to the original license, allowing improvements back into the free software community. It's just an end run around the insane copyright terms that are the norm now.

    Probably the ideal situation would be a dual license under both the GPL and the time limited BSD style license so that after the time period has expired for proprietary incorporation of the software, the modifications are relicensed under the dual license, so that neither the GPL or BSD camps would ever lose any code. An obvious practical benefit is that GPL and BSD projects could begin sharing their code under the dual license as well.

    Such a dual license would improve developers' freedom to use free software, and end users would eventually obtain full rights to any proprietary modifications made by the developers. Terms could also be included that would automatically terminate the proprietary license if the availability of support or patches was removed, or if the company went bankrupt.

  72. Think of GPL like a company by Anonymous Coward · · Score: 0

    Would anyone argue Microsoft are obligated to let others use their code outside the company? They don't even let others see it.

    I think of the GPL community like a company. It has company assets. The difference is, anyone can join as long as they fulfill all their requirements.

    You want my hobby code, you pay me. I accept cash, cheque, and free software as methods of payment.

    Seriously, Trolltech FTW.

    That said, I use different licenses in my different projects, generally not because my hand is forced but because of my intent. Cool library I want to become standard? BSD. hard work I don't want getting ripped off? GPL.

    1. Re:Think of GPL like a company by geminidomino · · Score: 1

      Meh. I seriously hope Trolltech bungles the QT portion of the contract. I could get behind a BSD or LGPL licensed QT...

  73. Different licenses have different goals by Per+Abrahamsen · · Score: 2, Informative

    The whole "linguistic" discussion (free, viral, stays free, whatever) is missing the point. You shouldn't choose license from which has the best sound-bites, but from which best supports your goals. Here is a seven year old article about how to choose a free software license that should be much more useful. The specific choice of licenses may have changed, but the reasoning hasn't.

  74. There is no giving back clause by thomasj · · Score: 1

    - BSD ensures freedom of the *producer* of the code to do what they want.
    - GPL ensures freedom of the *recipient* of the code to do what they want.

    Exactly! GPL doesn't require you "to give back" anything. This is an illusion. GPL requires you to free of charge (except for reasonable handling cost) give the receiver of the derived work the source code. If it pleases the receiver to put it in his safebox and never use it, nobody else has any claims to it. How is that helping the original project?

    This is in contrast to all the misguided rubbish along the lines "If I write some software, I want to get my code back, if somebody build upon it!" Well, I take your code, make some changes, sell the derived work to a company for $10^12. I am sorry, but you cannot have it back! You can write the company and ask them to claim the source code and give you a copy, but if they don't have to. They can say: "We payed a bazillion bucks for this derived work, and we think it will hurt our stand in the marked to have this code out in the wild", and it is perfectly in order with GPL.

    If you want the give-back part, you must use a license like the one Sun is using, and it is not kosher as a FOSS license.

    --
    :-) = I am happy
    :^) = I am happy with my big nose
    C:\> = I am happy with my OS
    1. Re:There is no giving back clause by jrumney · · Score: 1

      Sorry, but if you didn't give the company the source code along with the derived work, then you have to supply the source code to any third party who requests it. So your master plan to exploit GPLed code fails.

    2. Re:There is no giving back clause by thomasj · · Score: 1
      No.

      You are referering to section 3.b. saying:

      [You may copy and distribute the Program provided that you also] Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange [...]

      The written offer is given to your customer. It is up to the discretion of the customer to engage any third party get the code. I don't have to inform anybody about the distribution of the derived work to my customers, as long as THEY get the same rights to the source code.

      If it was not so, it wouldn't make any sense to have section a (the accompany clause), since that would be the loophole to the quoted section b. In other words: I could just place the source code on at media, ship it with the delivery to the customer. They put the source code in their safebox and you still don't have it.

      --
      :-) = I am happy
      :^) = I am happy with my big nose
      C:\> = I am happy with my OS
  75. I don't understand the GPL :( by Samah · · Score: 1

    I'm currently working on a commercial project and we're *thinking* of incorporating a GPL data charting component (I won't elaborate for non-disclosure reasons). If we create a wrapper for it and modify the original code to fix some bugs and/or integrate better with our system, do we then need to make ALL our code GPL? This would suck hard given that our project is currently measured in millions of LOC. I don't understand why we can't just slap in the Help->About: "We based some of this code from , thanks for that."
    I can't see why the GPL and similar licenses can't just be "we don't claim ownership of this code, kudos to <author>."

    --
    Homonyms are fun!
    You're driving your car, but they're riding their bikes there.
    1. Re:I don't understand the GPL :( by KenRH · · Score: 1

      Because the purpose of the GPL is to make all code free for everyone. So the license is designed to only be usefull to those helping this goal.

      If this does not fit you look for public domain code, BSD (or bsd-like) licensed code or buy a closed source libary with a license that fit your purpose.

    2. Re:I don't understand the GPL :( by croftj · · Score: 1

      Depends, if your just modifying a stand alone program and distributing it with your stuff, you can fix it. Be sure to send the author back the changes you made to it, and besure to mention in your documentation that it's GPL and the have the source code on hand if someone wants it.

      If you want to make it your own and embed it deeply into your project using some here and some there tweeking all the way, live with the license and make your code GPL, otherwise write your own!

        By the way, my explanation is a simplified laymen version. See your lawyer for sure.

      --
      -- Many men would appreciate a woman's mind more if they could fondle it
    3. Re:I don't understand the GPL :( by Just+Some+Guy · · Score: 1

      If we create a wrapper for it and modify the original code to fix some bugs and/or integrate better with our system, do we then need to make ALL our code GPL?

      I guess I'm not very sympathetic to your cause. You want to use someone else's code to make a profit, but don't want to owe them anything at all. Some authors - particularly the BSD crowd - are OK with that. The rest of the world thinks you're a leech.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:I don't understand the GPL :( by Anonymous Coward · · Score: 0

      > I can't see why the GPL and similar licenses can't just be "we don't claim ownership of this code, kudos to ."

      I think you can simplify GPL this way: You can use the GPL'd program binaries just the way you want, but if you want to use GPL'd source code, you'll have to contribute back. You can't just steal some source code from a GPL project. Whether you have access to some source code or not doesn't give you any permissions to use it in any way. Only if that particular source code is licensed somehow, you can use that code in terms of said license.

      Just as long you use that GPL program as binary, you won't have any problems with it. (I don't know if you can do this though in your project.)

      If that "data charting component" is licensed with LGPL (Lesser GPL or Library GPL) license, you can link it into to your closed source program though.

    5. Re:I don't understand the GPL :( by A.K.A_Magnet · · Score: 1

      My only advice is: before you use GPL software make sure to understand the GPL fully, if needed ask to people who understand the GPL. Only looking at your few replies here, there's already a mistake (you can't link with a GPL'd program from a non-GPL'd program). As for your question, you can't simply credit the author because he asked for more than credit, he asked for your code to be GPL'd. If the component was closed-source, you would probably have to pay with money, the GPL asks you to pay with code. That's the very purpose of the GPL, making a full GPL software stack.

    6. Re:I don't understand the GPL :( by Samah · · Score: 1

      Thanks for the replies (some helpful, some trolling, but I'll take what I can get).
      Moot point though, turns out we decided to write our own.

      --
      Homonyms are fun!
      You're driving your car, but they're riding their bikes there.
  76. What insulting drivel by Nursie · · Score: 2, Insightful

    I got this far -

    "A GPL advocate sees an entirely different situation. To him, it is the code that comes first, and the applications built from that code are a secondary consideration."

    Before I stopped reading because the writer is an idiot. This is both inssulting and a straw man argument.

    1. Re:What insulting drivel by Lundse · · Score: 1

      Agreed. Furthermore, projects are rarely 100% 'done'. So it does matter if someone wraps up a free project in restrictive licenses and continues development beyond the capabilities of the original writer - the restrictive fork may very well win out, to the detriment of all and against the original writers wishes. A project is not truly 'finished and free forever' if some corp ensures its incompatibility tomorrow - then there is work to be done, and work which _necessitates knowing what they did_! Please explain how that example is based on some obsession with code over project... Re. 'viral', then yes it is and thank god. Bear in mind that contagion is always deliberate...

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
  77. Don't Encourage Bad Views by logicnazi · · Score: 1

    Maybe people choose a license for these reasons but they shouldn't. Just like IP law in general the best license is the one that leads to the most benefit.

    In some cases the GPL will likely be the better choice as it may encourage more derivative works to be released and thus greater overall efficiency via reduced duplication. Indeed, it's hard to believe that as many corporate contributions to open source would have occurred if all the gnu utilities had been BSD licensed.

    On the other hand BSD derived works, by allowing inclusion in more projects, can reduce unnecessary duplication of code. There is plenty of BSD licensed utility code out there that has saved huge numbers of man hours through it's inclusion in projects with GPL incompatible licensees that would have simply been rewritten to avoid the GPL in each case in which it was used. Moreover, in some cases the BSD license attracts corporate support that otherwise might not have existed.

    Intellectual Property is merely a legal fiction adopted to encourage technological advancement and idea reuse (patents require disclosure for a reason). Especially when writing open source we should understand this and choose licensces based on long term social benefit not inappropriate emotional responses based on bad analogies with physical property ('stealing' code etc..)

    In particular we should understand that we all benefit when it costs less for companies to develop programs. Every man hour spent duplicating code that has already been written elsewhere is an hour that wasn't used writing other code or otherwise improving society. Choosing not to let companies use your code just because you don't like the idea of someone making money off your work is the moral equivalent of refusing to be an organ donor because you don't like the idea of someone else using your liver without paying. There is no justification for making someone else do more work with no benefit to anyone. However, on the other side it's no better to release code in an overly permissive fashion when a more restrictive license would yield greater benefit in the long run by encouraging sharing.

    Which sort of license will be the most beneficial in which situation is what we should be arguing about not this sort of thing.

    I personally think that one of the worst things GNU did was disfavoring the LGPL license since this provided a useful middle ground that yielded the best results in some cases.

    --

    If you liked this thought maybe you would find my blog nice too:

    1. Re:Don't Encourage Bad Views by kiddygrinder · · Score: 1

      Choosing not to let companies use your code just because you don't like the idea of someone making money off your work is the moral equivalent of refusing to be an organ donor because you don't like the idea of someone else using your liver without paying

      Yah, except in your example someone dies. I'd say it's more along the lines of telling someone they can't have any of your pie cause they didn't help to make it.

      --
      This is a joke. I am joking. Joke joke joke.
  78. RMS loves BSDL by Per+Abrahamsen · · Score: 2, Interesting

    Well, not really, but he uses non-copyleft free software licenses when he believe they best serve the cause of free software.

    For example, the compression code from gzip was separated out in the zlib library, and made available under such a permissive license, because it was deemed more important to remove dependency on software patents (which affected the compress and gif file formats) than on non-free software.

    So the license "hate" between BSDL and GPL is mostly one way only, from BSD-fanatics. If you want to be loved by everyone, go with BSDL. Even Microsoft will love you.

    1. Re:RMS loves BSDL by moderators_are_w*nke · · Score: 1

      So the license "hate" between BSDL and GPL is mostly one way only, from BSD-fanatics.

      That is completely not true. Both sides have their share of fanatics. Whether or not RMS is one is irrelevant.

      --
      "XML is like violence. If it doesn't solve your problem, use more." - Anonymous Coward
    2. Re:RMS loves BSDL by Per+Abrahamsen · · Score: 1

      > Both sides have their share of fanatics.

      Sure, but the GPL fanatics, at least among the main developers, don't hate the BSD license. If they did, you'd see a lot of BSDL turned GPL projects, since the new BSDL allows that.

  79. Submitting improvement to commercial software by Per+Abrahamsen · · Score: 1

    > Wot? You make money and I can't?

    Most programmers don't care about "making money" directly from their software. They program to solve a problem, because they are paid for solving problems. Most of them aren't even professional programmers, but engineers, scientists, or something similar.

    If they use some software that, with a small improvement, could be even more useful for solving problems, it makes sense to submit the improvement to whoever owns the software, so the improvement will be part of the next version. No matter what the license is.

  80. Just Arguing Over Language by logicnazi · · Score: 1

    Ohh and I want to add that this is a horrible way to argue about anything.

    We know damn well what both the BSD and GPL licensces allow and don't allow. When we fight about whether the BSD leaves the code under the owner's control or if BSD code is free as in beer or as in speech (horrible analogy, free speech is a protection from governmental restraint) we aren't actually arguing over any facts. Both sides are just trying to grab ahold of appealing rhetoric not make a substantial point.

    I mean it's just like the argument over whether a virus is alive. There is no fact at issue just a deciscion about how to use language. Just ignore these stupid issues and define your own terms if you want to communicate.

    --

    If you liked this thought maybe you would find my blog nice too:

  81. Pragmatic view... by grumbel · · Score: 1

    If you like the BSD License you accept that not all software has to be BSDL'ed, so the GPL shouldn't be a problem for you, since its just another non-BSD license.

    If you like the GPL on the other side you are free to incooperate BSDL code into your GPLed application and you should simply welcome the additional free code out there.

    No need to fight, everybody should be happy with the way it is.

  82. GNU vs GPL by Anonymous Coward · · Score: 0

    A futher distinction to make would be projects that adhere to the stricter GNU guidelines that require signature to transfer rights to a (certain) foundation, and the projects that merely adopt GPL.

    I say this because I saw this formalism often hinder minor contributions in the GNU case, and the impossibility to adopt GPL codebases by GNU where the ownership is not 100% clear and put on paper.

  83. Execelent, with a refocusing... by IBitOBear · · Score: 1

    I would agree, but I would refocus just a touch.

    - BSD ensures that the *next* recipient of the code may do what they want.
    - GPL ensures that *every* recipient of the code may do what they want. ...conversely...

    - BSD ensures that the *publisher* of the code can take received contributions to the code and make them part of a private domain if he chooses.
    - GPL ensures that each *contributor* to the code can ensure that the publisher cannot incorporate his contribution into a private domain.

    I would say that BSD code is far less encumbered than GPL code. The BSD license is effectively a release to the public domain. Given that you have to leave the copyright in place but you don't ever have to give out the code, makes the provisions of the BSD as toothless as a declaration of abandonment for downstream use. The BSD does however require symmetric abandonment by contributors moving patches upstream.

    In contrast the GPL requires democratic fairness of all parties. Fair isn't Free, just as "freedom isn't without cost".

    Consider:

    1) guy makes skeleton of project under license X
    2) guy collects contributions to project under license X
    3) guy takes skeleton, contributions, and additional code F and produces a binary for sale.

    if X == BSD guy is capable of charging contributors to use their own contributions to his product (3) unless they can deduce all contributions from 1+Sigma(2)+F [framework plus all contributors from step 2 plus code F]. Similarly all derivations of the new (3) state can be kept secret from contributors(2) etc.

    if X == GPL then the distribution of project(3) is now accompanied by the source. The guy _could_ charge at least one contributor for their work, but that contributor, having protection under the Fairness doctrine is now able to re-level the system at state (3), possibly making guy irrelevant if he was dealing unfairly.

    So...

    BSD -> more free, because anybody can grab from the pot with no duty to fair exchange or fair dealing no matter what the subsequent circumstances.

    GPL -> less free, because anybody can grab from the pot but if they want return to the audience with the results, they have to go _public_ with them.

    so really

    GPL => I care about the future of this no matter where it goes.

    BSD => I don't care about what happens to this once it's outside of my immediate control.

    or even more snarky...

    GPL => I care about this work as its own, permanently public thing, and I like to have my name on it, permanently and publicly.

    BSD => I care about this work as a public thing, but only when I can see the light shining on it and back up onto me, and I can live with only imagining my work hidden in all sorts of places.

    Really the people who are passionate about one license and who think the other has no role, are generally one or the other sort of egoist.

    Funny thing is, lots of people put something out BSD, then discover it's in some very valuable product, and only _then_ go "hay! where is my cash, or at least my applause? They _stole_ my work!" and then suffer in their misery. The GPL guys can pry their applause back out of the "offending" company.

    It's just a happy accident, or perhaps a diabolical plot, that when the GPL guys get to pry into the company for "not playing fair" a whole bunch of other stuff comes out in the wash as well. Like bad DRM and cheap tricks used to rip people off by forcing them to pay $20 for $2 worth of stuff. etc.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  84. Not just "derived" by Lord+Bitman · · Score: 1

    If someone directly copies and pastes some code into their closed-source application, and distributes that, I don't care about the "derived" work. The original code is no longer free to be modified in that situation. If you were to come across it in the wild, you would not be free to modify it. You would be free to modify the original, by itself, but that's useless if you want to do so in order to change what happens within the closed work. Not touching someone else's code at all, just touching your own original code. But in this case you can't do it because someone has said "No. You can't change your code when it's here."

    I suppose the difference might be that you're considering every time someone types "cp" to be a wholly new work, no matter how little of it has changed. Where do you draw the line between "code" and "project"? A useful function? A library? a shared library?

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  85. TFAA must be new here by archeopterix · · Score: 1

    [...] failing to understand how the other party can be so stupid as to not see the points that appear so obvious and right [...]

    Dumb n00b. My points do not "appear" obvious and right, they are.

    As to "failing" to understand why the other party is so stupid, speak for yourself, wimp. I fully understand why they are so stupid - they are stupid, because they disagree with me!

    Morans and poopheads.

  86. Re:There is a reason -- BULLSHIT ON THAT REASON by dosius · · Score: 1

    THIS! I thought I was alone in thinking GNU software was a sluggish bloated mess compared to BSD. If I weren't concerned about what would happen if I ripped out the GNU underpinnings (coreutils etc.) from my Debian installation I prolly would replace more of it with BSD code.

    -uso.

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
  87. Re:There is a reason -- BULLSHIT ON THAT REASON by Anonymous Coward · · Score: 0

    BSD folk don't have to yet they do out of their own interest and good will, no FORCE needed.

    Oh sure, everyone's eager to contribute, that's why nobody ever complains about the GPL's rules or looks for loopholes. FSF certainly didn't need to resort to a lawyer to get NeXT to release the ObjC frontend. And nobody would even consider yet another proprietary Apache fork, wasted work which will never see the light of day.

  88. users vs. developers by Anonymous Coward · · Score: 0

    Oh come on, guys. It's really easy:

    * The BSD licence(s) ensure the freedom of the developer, particularly the downstream developer and including the freedom to take the code proprietary.

    * The GPL ensures the freedom of the user.

    Neither licence is wrong or right; they're different tools. I have made my choice for my own projects by thinking about whose freedom is more important to me, and I know others have thought about the same thing, come to a different conclusion, and made different licencing choices.

    And both my choice and their choice is perfectly fine.

    (And note that I did not say WHAT I chose.)

  89. BSD vs GPL - it's a bit like politics by Metorical · · Score: 2, Insightful

    I've grown a passive disliking of the GPL that's probably quite unfounded. The reason why? Whenever there's an argument about licensing there's always someone shouting about the GPL the loudest with lots of facts and statistics.

    It's quite similar to politics where the best argument doesn't always win *if* you lose the voters while trying to explain it to them. Of course in most cases licensing shouldn't be a political decision but a case-by-case breakdown of the features of each license.

  90. tragedy by r00t · · Score: 1

    Cisco for instance is making a push to use a FreeBSD derivate in all of its consumer products--displacing in some cases existing linux based hardware.

    The people lose. They could have had control over their own hardware. They could have had the ability to share fixes that the vendor doesn't care to bother with. They could have had the ability to opt out of vendor-desired crap.

    Gee, thanks BSD crowd... :-(

    1. Re:tragedy by endeavour31 · · Score: 1

      What the hell do you think Cisco makes these products for? If they cannot differentiate their hardware from a competitors why buy their stuff? Business look for something called competitive advantage which often devolves into intellectual property - like code for instance.

      No one forces you to buy their stuff. You can put linux on commodity hardware and replace all your Cisco gear - then you can feel good about your idealogical purity.

    2. Re:tragedy by r00t · · Score: 1

      Commodity hardware would suck, and you know it.

      I want the selfish bastards to write their own OS.
      The cost would put them at a (minor) disadvantage.
      I want the competitors to win.

  91. Several stupidities in his "arguments" by Anonymous Coward · · Score: 1, Interesting

    The first major one is:

    Duh!

    We've kept saying that. GPL protects the USER from being restricted. BSD protects the RECEIVING PROGRAMMER from being restricted (though there are still restrictions such as keeping copyright and disavowal for damages et al with the BSD).

    Second is right at the end:

    "The GPL ensures your code will never be used by a closed-source application."

    is wrong. Or at least worded in such a way as to be pejorative.

    "The GPL ensures your code will never be less free than it is now."

    When copyright expires, GPL code will be usable in closed source applications. If your code is de minimis or not expressive, it will be usable in closed source applications.

    1. Re:Several stupidities in his "arguments" by nuttycom · · Score: 1

      That raises a really interesting topic, from my point of view. Since software is always evolving, how does that interact with the copyright date on a piece of code?

      If I write a GPL app this year, then make modifications to it next year, when does the copyright on the app expire? Do portions of the app, even on a line-by-line basis, come out of copyright such that they can be used in a closed-source app at respective offsets of 70 years (or whatever it is now) from the date they were written?

    2. Re:Several stupidities in his "arguments" by PitaBred · · Score: 1

      70 years? Hah! Only if the author died immediately after writing it. Copyright is nearly infinite here in the US, as far as anything useful is concerned.

  92. Nearly right by Anonymous Coward · · Score: 1, Interesting

    The GPL and BSD are equally good for the business that uses the code.

    (as an aside, Chemistor has it wrong: the major reason for talking past each other is the overloading of "USER". BSDers think of the user as the one using the code to make their own code, GPLers think of the user as the end user, using the program to achieve a task)

    BSD is better for the company that wants their developers to use the code in their own work than the GPL.

  93. Exactly. Code isn't really the issue by CarpetShark · · Score: 1

    Exactly. These licenses are about society, not code per se. Developers make applications to give people power -- either in exchange for monetary gain, or simply for the good of empowering people. While anyone tries to explain their motivations in terms of code, they will never get it.

  94. Hmmm, by smoker2 · · Score: 1

    Personally, I tend towards the BSD style. Compare the two styles to pieces of wood. BSD gives you a piece of wood and says, "here you go, build what you like". GPL (seems to me) says "here you go, build whatever you like but bear in mind that anything you build from it, must be replicable by other people".
    Nowhere does it say that BSD code MUST be hidden away in a proprietary binary. There is still plenty of wood out there anyway. We all get the same chances. It's what you make from those chances that make the difference between success and failure. I might take a piece of BSD licenced code, create a closed source program, then when it's finished and working exactly the way it should, I could then release that code as BSD, GPL, whatever. If I can make a bit of cash along the way, by delaying the release a while, then fair play to me. I'm not preventing anyone from doing what I did, and anyone who really wants to can probably figure it out anyway. Philanthropy dictates the release of the source.
    As for duplication of effort - this is how evolution has done it for all time.
    So in essence it does come down to a project versus code based approach.
    If you discovered the answer to unlimited free energy, would you expect to be better off for knowing it ? Would you just let the government and/or large corporations take it and ruin it ? After all, you would be no worse off, but with (hopefully) lower energy bills. Personally, I would say FTW, I should be rewarded for such a life changing addition to humanities existence. After all, there are many rich bastards out there who made their money building guns and bombs, why should I wear a hair shirt for ending one of the biggest problems we face. I don't want much, £10M would do.
    I realise that that was hyperbole, but only to try and illustrate my opinion. BSD does not mean forever, and provides more incentive to innovate. If it was all that bad, there wouldn't be any BSD code available in the first place.
    BSD = Do what you want.
    GPL = Do what you want, but...

    1. Re:Hmmm, by Anonymous Coward · · Score: 0

      BSD = Do what you want, even if that's telling other people not to do what they want
      GPL = Do what you want, except in the obvious cases that you'd be a complete asshole not to assume anyway.

  95. Or in the case of OpenBSD by Anonymous Coward · · Score: 0

    TdR: YOU CAN'T GPL MY CODE!!!! If you do, how can I use that code in my OpenBSD? What? You want to hide the code instead? Go ahead, my friend!!! No worries, I don't have to put your code in my OpenBSD as long as I can't see your code.

    PS:

    BSD nice for people who are developers recieving the source code
    GPL nice for people who are recieving the binary

  96. it's not the code it's the people! by pinky0x51 · · Score: 1

    >A GPL advocate sees an entirely different situation. To him, it is the code that comes first, and the applications built from that code are a secondary consideration.

    That's entirely wrong. It's not the code that comes first, it's the people. Code doesn't have to be free! Code doesn't life, code doesn't have feelings... in short code doesn't care to be free or not. It's the people who uses the software who should be free. With the GPL i can ensure that every person who uses software i have written is free. With a non-copyleft license i can't ensure it.

    That's for me the big difference: People who uses copyleft licenses want that everyone who uses their code has the same freedom. People who uses non-copyleft code want that the code get spread as much as possible and that the code is as free as possibel ("do with it what you want even if it means that the people who come after you have less freedom")

    Both concepts are OK, because wether you do it with a copyleft license or with a non-copyleft license you do always free software and that's good. I as a copyleft advocate see also benefits in using non-copyleft licenses. There are situation where spreading is more important than everyones software freedom by using this particular code. E.g. if you want to make Open Standards popular like Ogg Vorbis or ODF. Than i think it is more important that everyone can use the reference implementation in his products than that every user of a product with this reference implementation has software freedom.

    --
    Support Free Software! Join FSFE's Fellowship: http://fellowship.fsfe.org
  97. BSD problems by DrYak · · Score: 5, Insightful

    as long as they provide the source for the tcp/ip stack and bundle it with windows, i don't mind.

    The problem with BSD is that they can get away with it.
    As long as they put in some about box the sting that used to be required by the old BSD back then, they are OK.
    You won't get the source.

    The BSD team may subsequently fix and upgrade the stack, you don't know if Microsoft had followed the upgrade, and you don't know which modification were made to the code so you won't be able to replace the stack with a fixed one either.

    Whereas GPL components have a specially crafted license that guarantees that the code will keep all attached freedoms, and make sure that, wherever the piece of code ends, the users will still be free to hack it.

    BSD tries to give the greatest freedom *to developer* helping them leverage existing opensource code, without restricting what they can do with it (minus a textual mention that used to be required in the old BSD), even use it in completely closed projects. You, the developer, have the right to do whatever the fuck you want to do with a piece of code, even if that means blocking those freedom for everyone else and making sure you're the single person that can do whatever you want to do.

    GPL tries to secure *users'* freedom : no matter what the developer tries, the code will remain free and the user will still have his basic freedoms guaranteed. Wherever the code ends up, you as a user, will still have the freedom to do whatever the fuck you want with it (as long as you pass along that freedom to the next in chain).

    Now whichever is best for you between BSD of GPL is a matter of preference :
    - Will you mind that someone else will take your code, stamp "(c) Microsoft" on it and no further improvement will be exchanged between the community and that fork ? Preventing forever users to do whatever they want with it ?
    - Or is it important for the piece of code you pick to give, the developer total freedom to do whatever you want with it, even use it in a closed source project ?

    I personally prefer the GPL because of the guaranteed perpetual freedom (for users to hack it) that comes with it.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:BSD problems by Jurily · · Score: 1

      The problem with BSD is that they can get away with it.
      As long as they put in some about box the sting that used to be required by the old BSD back then, they are OK.
      You won't get the source.

      At least they had one part in their OS that wasn't a bug-ridden pile of crap.

      This is the unseen beauty of BSD: you may not get the sources back, but the users still benefit.

    2. Re:BSD problems by Just+Some+Guy · · Score: 5, Insightful

      The problem with BSD is that they can get away with it.

      That's a perfect example of what the article is talking about. You see it as a problem, but BSD advocates see it as the system working as designed. Microsoft isn't "getting away" with anything - they're accepting an offered gift and using it like the givers hoped they would.

      I personally use the GPL (and even v3 these days) for most of my non-trivial projects, but I can sure appreciate the mindset behind BSD.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:BSD problems by MobyDisk · · Score: 1

      I might go even further and cheer the fact that Microsoft's TCP/IP implementation was based on the BSD implementation. I have written applications that used TCP/IP on Linux, BSD, and Windows, with no modifications.

    4. Re:BSD problems by hedwards · · Score: 1

      The problem with BSD is that they can get away with it.
      As long as they put in some about box the sting that used to be required by the old BSD back then, they are OK.
      You won't get the source.

      I'm not really sure I understand the problem here. BSD isn't exactly dying, whatever netcraft suggests, but in fact is growing fairly well even if in a less obvious manner than Linux.

      It's been working now for a really long time, and I seem to recall Bruce Perens a while back suggesting that viral licensing wasn't really necessary.

      Realistically companies are going to out right steal the code one way or another if they're wanting to, the real reason why companies that don't don't is usually because it's less expensive to send patches up stream than it is to maintain a separate private patch set.

      And besides, considering that anybody can download and compile the source from the original project, it's extremely hard for me to understand why one can't do so. Any reasonably design program is going to be compilable without too many headaches.

      The BSD team may subsequently fix and upgrade the stack, you don't know if Microsoft had followed the upgrade, and you don't know which modification were made to the code so you won't be able to replace the stack with a fixed one either.

      Why wouldn't they just cvsup the latest fixes to the stack? I mean it's a lot cheaper to do that than it is to fix the bugs themselves. And security bugs in that part of the OS are really not good.

    5. Re:BSD problems by Miros · · Score: 1

      something i've always had some degree of trouble understanding is the venom with which a lot of people hold onto a particular FOSS license perspective. I have to admit that at certain times it seems as though developers license their code under the GPL at least partially out of spite, as in, "look at this nice code that you totally can't use with your business model." However, this is somewhat fitting, as it seems to me that RMS himself wanted to spite the proprietary operating systems and tools developers of the 70s who forced his brothers in code to sign NDAs and stop sharing their tweaks and improvements (I remember reading somewhere about a printer control program that they couldn't get the source for really frustrating him).

      The bottom line is that with the right FOSS license you can really spite commercial interests from 'exploiting' your code to their own ends. Congrats. You're now in an interesting situation. If the commercial interest is well funded, they will develop their own proprietary version of your gadget, and depending on the strength of their marketing and sales teams, they could potentially make their proprietary solution the standard for the market and actually end up cutting out your free solution purely because you forbade them from using it. Or, if they're not well funded, they could just rip you off anyway, committing a crime, and justifying you staying up late at night unpacking firmware binaries and running 'strings' just to ensure that someone is not cheating you out of your hard spent time and effort (like the effort you're then spending to ensure that they're not ripping you off for the effort you made earlier). In the first case, you potentially hurt the community by forcing the introduction of competing proprietary standards. In the latter, you just hurt yourself and small commercial interests who may simply not have any other easy way to become profitable.

      I'll admit this is all kind of dramatic. In the end, I too am an avid open source advocate, and have released more software under the GPL than I have under the MIT. But the real deal is that the majority of open source projects are so small and are abandoned so early out of the gate that they are like grains of sand on a beach somewhere. The only thing that their perceived significance might dwarf is their author's litigation budget which matters more than the actual COPYING file included with the package. Unless copyright shifts such that the government takes up the baton in terms of enforcing licenses directly through federal administration (as the record, and tv, and film companies want) that situation wont change, and this discussion will remain largely a moot point.

    6. Re:BSD problems by T.E.D. · · Score: 2, Interesting

      see it as the system working as designed. Microsoft isn't "getting away" with anything - they're accepting an offered gift and using it like the givers hoped they would.

      If that's what I want, I can (and have in the past) do it better by releasing the software into the Public Domain. BSD licenses tend to have annoying little attribution and advertising clauses and whatnot.

    7. Re:BSD problems by jfrelinger · · Score: 1

      I personally prefer the GPL because of the guaranteed perpetual freedom (for users to hack it) that comes with it.

      you've just managed to hit my personal pet peeve of the semantics that GPL advocates use in criticizing the BSD license. just because some one else takes a copy of BSD licensed code and makes it proprietary, doesn't mean the original code ceases to exist. If I take a project and license it under the BSD license, it'll always be out there under that license, no matter what happens to derivate works. It doesn't cease to exist in a way that allow people to poke at it and play with it (or even take another copy and run with it). My original code continues to exist. It'll still be there under the BSD license in long run as you put it.

    8. Re:BSD problems by Eivind+Eklund · · Score: 1
      There's more preferences, of course.

      Do you prefer that the users do not get to get the benefit of your code at all rather than getting some benefit from it?

      Are you willing to remove the chance that somebody will make a proprietary version and give you back those of the changes they can (which are often most) just to remove the chance that somebody will use your codebase (instead of somebody else's codebase) as the basis for their proprietary product and give nothing back?

      Will you mind denying the possible end users of your code the benefit of using standard economic tools to get rid of risk (having somebody take the risk of researching something and then paying for it after the research is successful) just for your philosophy?

      I prefer the BSD license because I see it as giving users more freedom. I see the GPL working by removing the use for the users that wouldn't have freedom. With a brutal metaphor: It is sort of like bombing a political prison to make sure there are no political prisoners. It accomplishes the goal in a literal fashion - but a more careful analysis has led at many of us to conclude that it is in the way of our real goals.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    9. Re:BSD problems by Eivind+Eklund · · Score: 1

      see it as the system working as designed. Microsoft isn't "getting away" with anything - they're accepting an offered gift and using it like the givers hoped they would.

      If that's what I want, I can (and have in the past) do it better by releasing the software into the Public Domain. BSD licenses tend to have annoying little attribution and advertising clauses and whatnot.

      The reason many BSD advocates do not use public domain licenses is that we want to avoid getting sued. Public domain seems to open up a can of worms, legally speaking.

      Also, there's some emotional issues involved: While you may feel it OK for others to use your work and earn money from their enhancements, it may still feel bad if they get the credit for your work, too.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  98. Not "project" vs. "code" - "freedom" vs. "freedom" by fang2415 · · Score: 2, Insightful
    • BSD: Grants all freedoms to users, including the freedom to take away other people's freedoms.
    • GPL: Grants all freedoms to users, except the freedom to take away other people's freedoms.

    The author is right that the confusion between what the two licenses do is a linguistic problem, but it doesn't have anything to do with the meaning of "code" vs the meaning of "project" -- it just has to do with the definition of freedom, which nobody can agree on.

    Some people think the BSD version is "more free"; others think the GPL version is "more free". But people usually ignore the contested meaning of the word and assume that their preferred meaning is the only one, which leads to them screaming things like "how can you be against more freedom?!".

    Incidentally (and very interestingly), the same debate applies to political ideas of freedom: political libertarians tend to define "freedom" in the BSD sense; political progressives tend to define it in the GPL sense.

  99. Re:There is a reason -- BULLSHIT ON THAT REASON by itsybitsy · · Score: 1

    The original authors of any Apache fork are well within the license to make use of the Apache code as they see fit. It's NOT up to YOU who decides, it's the owners of the Apache code who decided. If you don't like it that's fine. I don't like the decisions of many authors who release under GPL but there isn't anything I can do about it other than simply use their shit. I certainly won't develop it further since I'm FORCED then to release it if I want to distribute it. I most certainly NEVER CONSIDER any GPL'd code for commercial projects for clients if any of the code will be modified in anyway other than trivially. Certainly I'd never consider using an GPL licensed module. Maybe a LGPL but it would have to be the kick ass module and then it's likely to be a second choice to any BSD licensed code even if that's not as kick ass. Freedom for me the developer is more important to me than freedom of the code. The code is already FREE - both BSD and GPL - what really matters to me is MY FREEDOM TO CHOOSE LATER ON whether or not I release code. With BSD I have that choice at anytime. With GPL'd code I have to choose up front and can't choose later without tossing away my code changes which might have cost me a lot of time and money to develop.

    It's not for you to decide if others work is wasted, that's for them to decide. You've overstepped your boundaries you socialistic communist.

  100. Why? by Anonymous Coward · · Score: 0

    Because a license saying that is called "BSD".

    So, go ahead and find one. Write one if you like, if there's no BSD one out there. Put your code out there under the BSD so that someone will be able to do as you wish.

    Now, when you sell your product is it OK if I just copy the CD, crack the protection and leave written on the CD "this code belongs to $COMPANY, kudos"?

    If not, I'm afraid I don't understand your license :(

  101. I see it differently.... by croftj · · Score: 1

    The BSD folks want their code used by as wide of base as possible so they use the most liberal license. They don't mind folks making a buck off of their work to accomplish this.

    GPL folks on the other hand, figure that being able to have the source is way more important than having a wider user footprint. If you're going to make a buck off their code (which is perfectly fine) it will cost you as much as it cost the author of the code in question.

      Personally, I like the second option. By having the code free, when the entity maintaining my favorite manifestation of it, let say uh... Apple, goes belly up, then I can still move the code to my new platform, I can still use the years of data I've accumulated.

      If the code is locked in Apple's vaults, I can't do that.

    --
    -- Many men would appreciate a woman's mind more if they could fondle it
  102. Re:There is a reason -- BULLSHIT ON THAT REASON by Anonymous Coward · · Score: 0

    Well there is a huge gap between "everybody contributes" and "nobody contributes" and BSD lives very good in that space.

  103. Practically no difference if unscrupulous users by codekavi · · Score: 1

    The explanation provided by the author would be useful.

    On a side note, I spoke to a freebsd committer a few days back about how and why he chose BSD over linux. He just said that he saw the code, and liked it, and stuck to it.

    Then I asked him if he didn't think that the GPL was a better licence.

    His reply was very simple. Unscrupulous companies and users abuse the terms of GPL all the time. He also said that hardly any users want the source code to begin with. He was also cynical about that fact that big companies just end up using his code for free, whether it's GPL or BSD dosn't matter.

    Reflecting on his comments I couldn't help thinking that it's fairly easy to just steal GPL'd code, and I believe it happens all the time. Except in BSD, it's not called stealing, it's actually allowed. But the end result is the same in either case.

  104. Neither GPL nor LGPL is a contract. by coats · · Score: 2, Informative
    It's a license: permission to reproduce and distribute a work is a uniloateral action on the part of the author. Without a license, the Berne Treaty (of which your nation is a signatory) says you have no right to reproduce and distribute.

    Contracts are bi- or multi-lateral actions in which every party gives up something in exchange for something else. Copyright license is not contract.

    --
    "My opinions are my own, and I've got *lots* of them!"
    1. Re:Neither GPL nor LGPL is a contract. by RCL · · Score: 1

      Okay, my bad. I checked up and the case looks like that: it's my right to redistribute/possess the GPL'd software which I'm not copyright holder of is uncertain (some people were already fined for having "unlicensed" Linux distributions installed, which is absurd). However, Russian law still forbids me to incorporate GPL'd code into my programs.

      But frankly speaking, I've seen GPL'd code used in closed source product of at least one Russian company, and I think that other software companies (except perhaps Russian FOSS supporters) do violate the license, too.

    2. Re:Neither GPL nor LGPL is a contract. by sumdumass · · Score: 1

      Without a license, the Berne Treaty (of which your nation is a signatory) says you have no right to reproduce and distribute.

      You have to understand that no treaty, the Berne conventions, WIPO or otherwise, has the effect of law on the citizens of a country. It requires the participating country to pass laws that effect the treaties but the treaty itself isn't enforceable on them. Now, there can be different interpretations of the requirements and that can or does lead to different laws in repsecting countries that had more or less effects as intended. Some countries impliment more strict laws, (IE the DMCA which was because of a WIPO treaty) and some countries implement loose laws that are easily gotten around.

      You also have to understand that due to things like constitutions and limits on governments, it may not be possible to implement all the provisions of a treaty even though the government agrees with it. Generally there is a signing statement to that degree but it wouldn't be the first time it has happened.

  105. Lemonade this! by I+cant+believe+its+n · · Score: 1

    ...suppose I sit on the curb and give away free lemons. A kid next door might get the bright idea to get my lemons, make lemonade, and sell it. The lemonade is clearly a "derived work," since it is made from my lemons, but it is absurd to suggest I have any right to tell him what price to put on his lemonade or how much sugar he can use in it. By the laws of private property in the real world, my ownership was relinquished at the time when I handed him my lemons. Just as I do not own his lemonade, neither do I own the derived works he makes from my BSD-licensed software.

    True. You have no rights to or over the lemonade since you gave away the lemons, but how is this related to the issue of BSD and GPL licences?

    I believe your analogy is flawed since you could actually dual licence your lemons (GPL and commercial).
    Tell the kid: sure, you can have as many lemons for free as you'd like, but if you sell lemonade made from them, I want 10% of that.

    Imagine you actually did go through all the hard work to pick those lemons to give away to people for free. Would you then like it if some large food chain drove up to you on the curb and started loading your lemons on to their trucks, to sell in their stores?

    --
    She made the willows dance
  106. The difference between scripting and hiding by Anonymous Coward · · Score: 0

    > A shell script calling the converter
    > is no different than a closed source program
    > embedding it.

    Like hell it is!
        When I call the converter from the script I'm entitled to its source code, should I ever need to modify it or want to start something using it.
        If the converter is (wrongously in this case) hidden away in the viewers binary, how do you propose I do that??? I might as well never have *known* that there was a potentially very important (as in useful) piece of code hidden away.

  107. I like to think of the motives by smittyoneeach · · Score: 2, Insightful

    Some code for the mind, some for the heart, and some for the wallet.
    BSD licensing is predominantly for the mind: sheer pursuit of technical excellence, don't bore me with politics and philosopy.
    GPL licensing is for the heart, for abstractions that may not play well in the head of another. Technical excellence is fine, but societal "improvement" is the driver.
    Proprietary is for the wallet. And let's not kid ourselves: something as tedious as getting the printer driver to work right is something I would need to be paid large frogskins to get excited about. Glad someone else beat their head against those details.

    The challenge is to relax and admit that there is not a single motive that models "Why folks do code".
    While respecting RMS, I can't reach the religious level of devotion to an idea like the GPL without a fully-worked philosophical system showing how he arrives at proprietary software being "unethical". Un-bright, perhaps.
    I use software from all three major flavors of license, and they all have their time and place.

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    1. Re:I like to think of the motives by hazah · · Score: 1
      "something as tedious as getting the printer driver..."

      Ironically, that's how Free Software got started

    2. Re:I like to think of the motives by sneezinglion · · Score: 2, Insightful

      IF we had free drivers for printers, the market would support the printers that adhered to the standard for printers the best.

      I understand what you mean, but the reason writing an OSS printer driver is hard is not because it is inherently hard, but because they can hide the inner working of the printer behind a closed source driver.

    3. Re:I like to think of the motives by smittyoneeach · · Score: 1

      Somewhat. Look, good hardcopy under F/OSS remains relatively unhealthy compared to proprietary offerings.
      As with the original RMS incident, the proprietary offerings continue to chain you to the upgrade treadmill, as I saw recently trying to get a perfectly servicable HP Deskjet to install under Vista.
      1. No Windows Update driver.
      2. HP.com driver downloads well enough, doesn't quite install.
      3. Drilling sensation in wallet region.
      4. (Someone else's) Profit!!!
      No, I couldn't just convert this person to Ubuntu or whatever; leaving them chained to Caesar's oar is my minimal support approach.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  108. Flamebait? by zotz · · Score: 1

    Is this whole post flamebait?

    1. I don't imagine all GPL users view things the same way, but this is written as if they do.

    2. Let's assume they do.

    3. Which individual user's view would most likely align with this group think? Hint, he wrote the thing... 10 seconds... RMS! Yes!

    4. His assertions of the GPL man's views don't seem to match with what I gather from RMS.

    5. For instance, RMS states that in his view, non-Free code is... wait for it... oh, you know... IMMORAL!

    6. RMS plainly states that the GPL is an attempt to set copyright on its ear.

    7. Does it not make more sense to see the issue as one of not wanting to participate in or have one's works contribute to immoral things?

    8. Do we still want to assert that all that prefer the GPL to BSD see things this way?

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  109. Let there be Lemons! by AslanTheMentat · · Score: 1

    For example, suppose I sit on the curb and give away free lemons. A kid next door might get the bright idea to get my lemons, make lemonade, and sell it. The lemonade is clearly a "derived work," since it is made from my lemons, but it is absurd to suggest I have any right to tell him what price to put on his lemonade or how much sugar he can use in it. By the laws of private property in the real world, my ownership was relinquished at the time when I handed him my lemons. Just as I do not own his lemonade, neither do I own the derived works he makes from my BSD-licensed software.

    I drink your lemonade! I DRINK IT UP! *SLUURRP*

  110. The Code is the Application by CopaceticOpus · · Score: 1

    [To a] GPL advocate ... it is the code that comes first, and the applications built from that code are a secondary consideration.

    It would be better to say that to a GPL advocate, the code is the application. They are one in the same. The code therefore deserves to be protected under the GPL for the sake of the application.

    Most applications are dynamic. They grow and change over time, and if they stop growing they usually fall out of use. A person choosing the GPL for their application wants this growth to happen openly and freely. The author of this article/rant talks about applications released under BSD 15 years ago that are still free even though they are useless. Perhaps if they'd been under the GPL, some of those applications might have stayed alive and kept growing.

  111. bullshit by Weezul · · Score: 1

    Your spouting a bunch of bullshit trying to make up for no defensible position.

    GPL people have specific political ends they seek to achieve along side their projects. If you want to use their stuff outside the GPL, then you better pay them.

    The BSD people I know are good programmers in high level jobs who want one thing : the ability to appropriate any code they wish for their professional purposes. In general, they are good programmers who could write it themselves, and they do give the world BSD project, but ultimately their logic is that they'd rather "steal" for internal projects because the "stolen" code is more well tested.

    If you share the GPLs political goals, great use the GPL and advocate. If you think people might want to license your code, great just use the GPL. But don't try to tell people they shouldn't push GPL political goals. Their reasons are at or more noble than yours.

    In the end, GPL advocates would be happy with changes to patent and copyright law that made their license obsolete, including limiting copyright terms, requiring disclosure of source for copyright, etc.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  112. Oh boy ... by Anonymous Coward · · Score: 0

    After I posted, I thought a bit more about the question and decided to throw in a different analogy.

    Next time you could think still a bit more and decide not to throw in any analogies. Thanks.

  113. Since we are always recipients of the code... by sperxios10 · · Score: 1

    GPL protects the freedom of the many (the *recipients*), since almost all *producers* are recipients of code for any used libs.

  114. Here's a better convention by gr8_phk · · Score: 1

    Let's all adopt the word "libre" which apparently means 'having freedom' and call it "libre software" (or would it be "software libre"?). The issue is that the english language does not have an unambiguous word for this. Let's just fix the language by borrowing a word from another. BSD and GPL camps will still argue about who's more libre, but at least the confusion about "zero cost" might be resolved.

    1. Re:Here's a better convention by sp332 · · Score: 1

      How would we say "libre" in (USian) English? When I try to say it, it comes out the same as libra, rhymes with zebra.

    2. Re:Here's a better convention by gr8_phk · · Score: 1

      Yeah, that's what I assumed the pronunciation is. OTOH, you could end it like that common Canadian word "eh".

  115. BSD vs. GPL by Sol-Invictus · · Score: 1

    I think I'll use the BSD license for my wife; I can give her away and anyone can do what they like with her. If I use the GPL, I'll get back the 'contributions' they made to her. Eww.

  116. A different name - Community Software by Anonymous Coward · · Score: 0

    I think we should call GPL'ed code
    Community Software.

    I think this name would describe the reason behind the code really well:
    1)Is developed by a community
    2)Can be freely shared community
    3)Denies the right to take it away from it by anyone

    This separates it from the word Free, and its good because its not freedom if you are told what you can do with it.

  117. You CAN, But... by maz2331 · · Score: 1

    ...it's necessary to do it the correct way.

    With the GPL code, you may not link the binary "object code" into a final executable file that isn't GPL-licensed itself. The GPL stuff must remain in its "own entity".

    It's perfectly fine to make it a .dll or shared library that's dynamically called, as is running it as a service or daemon that's accessed via a socket, "exec call", or RPC of some sort.

    Another mechanism you can make is to write your wrapper code and keep THAT on the "GPL Side" of the divide. Or contact the owner of the GPL code and negotiate a propreitary license.

    As for "I can't see why the GPL and similar licenses can't just be 'we don't claim ownership of this code, kudos to .'" the reason is self-evident - the developer's work product isn't yours to use any more than a commercial library is.

    Ask yourself one question: how would your company react to someone taking some modules out of your project and bundling them into their own without taking out a license from you?

    Or how would your company treat a proprietary-licensed library that made development easier? You would probably pay the fee, the royalties, and abide by any terms. GPL is the same, except that its "fee" is measured in participation, not dollars.

    1. Re:You CAN, But... by A.K.A_Magnet · · Score: 1

      You are wrong. You can't link with GPL code from non-GPL code, whether it's static or dynamic linking! Please don't spread such false rumors. The only way he can use the code is to invoke it through regular execution() or socket, but it will not work for a software component (could work for a shell utility though).

  118. DIfferent but similar ideals... by Anonymous Coward · · Score: 0

    The GPL was formed in a world in which proprietary software was using lawyers to stop users from fixing buggy code in software that they had paid for.

    In order to attempt to make a political stand against this kind of licensing the GPL was created to protect the freedom of every end user to modify the code in the products they use.

    The GPL is designed specifically to defend against the following scenario:

        1. a free application is written and becomes a killer app

        2. by paying developers a proprietary software company improves the code much faster than a small team of volunteers can

        3. as a result nobody uses free software application and as interest wanes the project is no longer actively maintained

    By forbidding this the GPL provides an added guarantee that which ever is the most popular version of the application in the future it *must* have the source code freely available. This means that contributors know that their code will be only used to help the free software cause along.

    On the other hand, a developer who works for a company that insists on developing closed source applications in unable to make use of the otherwise freely available GPL'd code.

    BSD advocates argue that this restriction of freedom undermines the GPLs claim to be "free".

    The GPL advocate suggests that ensuring that the code will be open for any product derived from it's source code gives the population a net increase in freedom. This makes up for the loss of freedom for a individual developer in the circumstances described above.

    BSD advocates are in a sense more charitable; they make the code available to everyone provided that the license stays intact. They don't care what happens to derivative works.

    As someone mentioned in an earlier comment, I suspect that libertarians are drawn to BSD and socialists are drawn to GPL. Where BSD focuses around individual autonomy the GPL focuses around collective strength.

    At the end of the day both licenses are heaps more free than the equivalent closed source product which has no public source availability at all.

  119. Property Law by Anonymous Coward · · Score: 0

    The original ranter doesn't understand traditional tangible property law. He claims that being able to control what happens to his lemons after he sells them is absurd. In traditional property law, it isn't absurd. The retained control has been limited, but many of those limits have been extended/abolished in recent years. As a seller, you have a right to not sell to someone who you think will use the property in a way you don't like. You may also set a condition which would require return of the property. So the concept is not absurd. That's what licensing is all about.

    The GPL is essentially an unsigned contract (and doesn't have to be signed because of copyright law).

    The absurd thing is calling GPL communistic when it is actually taking advantage of traditional capitalistic laws.

  120. True freedom = BSD by wardk · · Score: 0, Flamebait

    BSD is truly FREE 100%

    GPL is FREE up to the point you want to integrate it into something.
    (i.e. you must become one with the BORG)
    so to me, the only difference between MS license and GPL is you can read the GPL code.

    flame away penguins, you are still and always free to be wrong!

    1. Re:True freedom = BSD by allthingscode · · Score: 1

      With the BSD, Microsoft can, and does, incorporate code into their OS with the purpose of crushing non-proprietary software. With GPL, they have to write their own.

  121. Not semantics, it's about conditions by at_slashdot · · Score: 1

    For example, suppose I sit on the curb and give away free lemons. A kid next door might get the bright idea to get my lemons, make lemonade, and sell it. The lemonade is clearly a "derived work," since it is made from my lemons, but it is absurd to suggest I have any right to tell him what price to put on his lemonade or how much sugar he can use in it.

    But you could for example give him the lemons for free with the condition to do the same if he makes lemonade out of them. He can accept or refuse the deal, but it's a deal nevertheless, it's just a different type of deal. In one deal you give away or sell a product and then you don't care what happens with it, in the other case you give it away with a condition.

    --
    "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
  122. BSD is Utopian, GNU is Pragmatic by Anonymous Coward · · Score: 0

    In a perfect world, all my code would be BSD but we live in an ugly world so I defend my Freedom with a shotgun and the GPL.

  123. Problem by Anonymous Coward · · Score: 0

    as long as they provide the source for the tcp/ip stack and bundle it with windows, i don't mind.

    The problem with BSD is that they can get away with it.

    You see it as a problem, but BSD advocates see it as the system working as designed.

    The OP to whom I was responding asked for the source to be packaged with Windows.

  124. What is Absolute Freedom? by booch · · Score: 1

    To me, the question is:

    Which is more free -- the freedom to do anything (including taking away the freedom of others), or the freedom to do anything EXCEPT taking away the freedom of others? I don't think it's a question that really has an answer -- it's more of a philosophical question that individuals have to answer for themselves in various situations.

    That said, I think the author makes some good points. Freedom of the code/project is another way to look at things, although strong GPL proponents would emphasize that it's people we are trying to provide freedom to.

    --
    Software sucks. Open Source sucks less.
  125. Straw Man by Bob9113 · · Score: 2, Insightful

    Isn't it nice to have the power to define your enemy? Given a sufficiently inaccurate definition, anyone can be reviled. It's called "Straw Man."

    Where I would scoff at a piece of code, call it utter garbage, and rewrite the damn thing from scratch, a GPL advocate would probably wrap the garbage in another API that he finds more palatable.

    Wow, kicking the article off with an unsupported ad hominem attack. You're really not seeking common ground here, are you?

    I'm not going to analyze the whole piece, because this emotional little rant doesn't warrant it. But the ending is just as illuminating:

    I will never agree with your philosophy, but at least you'll know you were understood.

    "I will never agree with your philosophy" is the sure sign of a zealot. "At least you'll know you were understood" implies that blame for the vitriol between the contemptable jihadists on both sides can be layed entirely at the feet of your enemy.

    This is not a religious war except for those who make it one. Don't frame your argument against the least rational or most distasteful (to you) of your enemy's positions. Seek the most rational, most appealing, positions and try to agree with them first. Then frame a discussion around why a rationally self-interested individual would choose each proposition. It will make a more interesting article, not add to the stick-throwing and name-calling, and as a result you will look less like Bill O'Reilly and more like Socrates.

    All that said, the fact that you made an attempt at all and were willing to put it out there to be scrutinized at all is commendable.

  126. linguistic problems of GPL advocacy .. by rs232 · · Score: 1

    "The first disagreement I wish to address concerns the statement "BSD projects are free, but GPL projects stay free" .. SNIP ..

    Personally I don't have a philosophical position on either the BSD or GPL license. I do know that in order to use the code, you have to abide by the license. The rest is is just so much verbal back scatter. If some people have linguistic problems understanding it, then I respectivly suggest reading the license(s).

    --
    davecb5620@gmail.com
  127. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  128. Re:Semantic quibble. by samjam · · Score: 1

    Nonsense.

    I know a company that pays non-employees to write open source GPL3 software for them.

    The payer does not get to decide if/when/how it becomes open, the author retains the rights.

    The payer receives a conveyance/distribution of the GPL3 code from the author.

    Sam

  129. Excellent work, Chemisor by Syberghost · · Score: 1

    I'll be bookmarking this and referring people to it for a very long time. Oooh, look, project re-use! :)

  130. It's about WHO, not WHAT. by Sloppy · · Score: 1

    The argument is that GPL adherents desire the freedom of their code, while those on the BSD side want freedom for their projects.

    No.

    BSD license is intended to maximize freedom for programmers. GPL is intended to maximize freedom for users.

    As a programmer, BSD licensed code gives you exactly what you want, no matter what you want. Your derived work can be Free Software or it can be proprietary. There's almost nothing you can't do with it.

    As a user, GPLed code gives you exactly what you want: the ability to use and maintain the software with nothing holding you back.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  131. Of course not solely by Anonymous Coward · · Score: 0

    We also expect you to have enjoyed your experience and feel satisfaction in a having shared your code with the world. Us getting rich is just a nice benefit.

  132. Here's what I wrote a few days ago here by A.K.A_Magnet · · Score: 1
    In the thread on Stallman:

    Random Joe doesn't know the difference between GPL and BSD licences, and what may matter to him is the freedom the program grants to its user (or more like, the freedom it doesn't remove). In this case being "Free Software" is more than enough.

    As for the "freer" one debate (which is old), I'll just say, those licenses are two sides of the same coin. Either you give the ability to lose freedom as a freedom, or you put the constraint of keeping freedom as a freedom. You can't have both, the "freer" discussion is just a matter of perspective and a stupid nitpickers and time wasting debate. I think both are just as free, that is they are both Free Software and that's enough for me. I don't know who started this quarrel, but I know who keep it alive and it's definitely the BSD guys.

    The truth is that the BSD guys are the angry ones with the GPL because when, in a GPL project, we incorporate BSD code and modify it, it becomes GPL and they can't use it anymore under a BSD license (however they could ask the author of the changes to dual-license them under BSD). So they are the ones with a problem with the GPL. I find it rather strange, because BSD code gets incorporated into proprietary code bases every day, they don't see a line of code of it and they don't complain the least.

    The fact that this one-sided article was started by a BSD license guy just confirms my statement (even if you somehow tried to see the GPL point of view, you miss most, like it has been said in other comments: notably the goal of the GPL to have a full Free Software stack by "actively convincing trough effective measures" -- I prefer that than the "viral" FUD :p -- for political reasons like giving a state-of-the-art software stack to third-world countries, educating users, ...).

  133. The GPL protects GNU/LINUX by anwyn · · Score: 1
    Because of the so called viral clause, GNU/LINUX can not be attacked by embrace, extend, extinguish. GPL provides that any extension must be GPLed. (viral clause) Therefore if the extension contains any positive features, these features can be embraced by the original branch! So extinguish does not work!

    Nightmare scenario

    If by chance, one of the BSDs had become the dominant free OS instead of LINUX, it would have been already attacked by MicroSoft using embrace, extend, and extinguish. That is, MicroSoft would have created a windows/BSD hybrid capable of running both windows and BSD programs. As time went on, the BSD side of this monstrosity would have been extended thereby extinguishing the original BSD!

    The GPL stops hybrid monster creation!

    If proprietary code is mixed with GPLed code, in a distributed product, then by the terms of the GPL, that proprietary code must be released under the GPL. This is totally unacceptable to proprietary developers. The proprietary nature of their code is the indispensable basis of all of their tricks and traps and it is the only reason they get paid! To them, it is sine qua non. This stops hybrid monster creation. It is also the true reason that the GPL is hated by proprietary developers and their lackeys!

  134. Apple not real happy with gcc by chris-chittleborough · · Score: 1

    As it happens, Apple are not that keen on gcc, for (I gather) both technical and licensing reasons. That's why they are funding the clang project. It's a new compiler for C, C++ and Objective C, with lots of great technical features. It's original aims include licensing designed to allow it to "be used for commercial projects". I would not be suprised to see clang and llvm supplant gcc one day.

  135. Boundary cases... by mengel · · Score: 1
    The gentle poster describes one case, where code taken from a BSD licensed product is a small portion of another product, which is propiretary. The other possibility is where the code from the BSD licensed product is the entirety of the proprietary product -- that is, someone is just plain selling the BSD licensed product in its entirety as a proprietary package. This repackaging hides the fact that the source code is available, and makes the users of the package who obtain it from the proprietary vendor lose their freedom to modify the source code and get better/different behavior from the software.

    This is the sort of case that the BSD folks either aren't concerned about, or aren't thinking about. It isn't a matter of whether the "project" or the "code" is free, it is a matter of whether the users of the project or code are free.

    The other aspect this discussion overlooks is the payment-in-kind model; a person who gives away their hard work in software development using the GPL is expecting other people who modify that work to "pay in kind" and give their code changes to the original author in "payment" for the code he gave them. So by giving their code away, they get code changes, bug fixes, etc. back. Sort of a GPL enforcement of the Christian/Buddhist "Give and ye shall receive" ideal. Folks who modify BSD licensed software are under no compunction to send modifications, improvements, or bugfixes back to the original author. I suppose you could say the BSD folks are relying on actual philosophical principles to be repaid for what they give away, rather than license clauses...

    --
    - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
  136. Freedom: people versus software by Anonymous Coward · · Score: 0

    It's simple:

    BSD gives freedom to people, and GPL gives freedom to software.

    To clarify:

    With BSD, all people are free to do whatever they want to with the software, even if it results in some copies of the software becoming non-free.

    With GPL, all copies of the software remain free, even if it results in some people not being able to do what they want to with the software.

    --------

    GPL advocates say: "All copies of the software must be free in order to claim that it's truly free". GPL advocates are willing to restrict people's freedom to achieve that goal.

    BSD advocates say: "Only one free copy of the software is sufficient to claim that it's free". BSD advocates are not interested in restricting people's freedom, because their goal has already been achieved.

    --------

    It's interesting to note that GPL requires endless vigilance to fully achieve its goal. All users of the source-code must be watched, because the existence of just one non-free copy means that the source-code is not truly free.

    In contrast, BSD requires only one simple act of publishing to achieve its goal. Nobody needs to be watched, because the existence of a million non-free copies does nothing to harm the freedom of the orginial.

  137. That's not it at all. by Anonymous Coward · · Score: 0

    The GPL prevents the recipient from doing what they want. The GPL is about spreading the GPL at all costs, including limiting the freedom of people who recieve the code. The BSD license is about giving away your code for free to help make the world a better place. They want companies like HP to use openssh in their switches, because if HP wrote it themselves it would be a buggy, exploit riddled pile of crap. BSD is about making the world better, GPL is about RMS's ideal of all code being forced open forever, and there never being any proprietary code.

  138. Dying by DrYak · · Score: 1

    The problem with BSD is that they can get away with it.
    As long as they put in some about box the sting that used to be required by the old BSD back then, they are OK.
    You won't get the source.

    I'm not really sure I understand the problem here. BSD isn't exactly dying, whatever netcraft suggests, but in fact is growing fairly well even if in a less obvious manner than Linux.

    Excuse-me, but where the hell did you see the word "dying" appearing in my post ?!?!?

    The only thing I was referring about is that back in the old days (when Microsoft "stole" the BSD network stack), BSD used an older license which required developer using their code to put a specific text (in the about box for example) telling that part of the software was built on previous work of the BSD developers.

    Today that clause isn't here anymore in modern BSD licenses.
    That's the only thing that I meant by "old BSD license". Nothing about Netcraft randomly confirming that ${whatever} is dying.

    The OP was saying he wanted to get the source code packaged with Windows ; and I was pointing the fact that the only requirement that old BSD license had back then was that mention in the about box, no requirement to publish the code - thus no fat chance to get the code packaged with windows.

    And I know that BSD isn't dying at all : Of course, the main layer running above the microkernel and also the largest chunk of userspace in Mac OS X *are* derived from BSD (due to the NextStep heritage of that OS)

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Dying by Eivind+Eklund · · Score: 1
      Actually, most of userland is imported from FreeBSD (and, as far as I've understood, much of the kernel is derived from NetBSD.)

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  139. List of never-ending wars: by walterbyrd · · Score: 1

    - Vi vs Emacs
    - Windows vs Linux vs MacOS
    - GPL vs BSD
    - USA vs Iraq
    - ?

  140. Hari Porter by Anonymous Coward · · Score: 0

    So if I understand correctly, under a BSD license anyone could change a few names of characters from the Harry Potter books, put his own name on them, and make lots of money selling them at discount, with no acknowledgment to JKR.

  141. Better Lemonade Stand / Mystery Drink Analogy by Hypewise · · Score: 1

    " Say I'm giving away my lemons and someone opens a profitablt mystery-drink stand just around the corner. "

    I'd be curious, wouldn't you? The original lemons-to-lemonade illustration was misinformed to gain rhetorical advantage. Seeing a self-evident lemonade stand across the street is all the information a GPL advocate would require. No attempts to govern recipe or even price would be made - I'd simply know what it is.

    ---
    Real world experience: I need GPL (v3!) and more. It's absurd to think someone can't learn by reading my public "code" -whatever the license- but my "projects" also suffer vigorous scamming in their entirety. (Whiteout-ware, malware-injected redistributions, even selling my original untouched binaries as their own. Extensive uncredited reuse in Chinese outsourcing, plus real corporate identity-theft with no reuse of any code at all.) As a practical matter I want to best protect my users, even if I have no real objection to blocks of code ending up just about anywhere useful.

    Oh, and adding a lot of ancillary Creative Commons Attrib-NonCommerical-ShareAlike artwork helps protect the "project" while freeing the "code." But no license protects against people who disregard them.

  142. Santa Claus vs. Mahatma Gandhi? by MarkvW · · Score: 1

    BSD, generally speaking, is a gift to the world. BSD makes the creation of all software, including GPL software, easier. BSD also 'occupies the field' so that a profit-oriented developer cannot assert copyright over subject matter already developed by BSD developers.

    GPL is a gift to the user. However, GPL is a bargain between developers: You can use my stuff if the world can use your stuff. The GPL is oriented toward creating a community of GPL developers who can create useful code that all can share and maintain.

    It seems absurd to me that a GPL advocate would flame a BSD advocate. That's like flaming Santa Claus. It also seems absurd that a BSD advocate would flame a GPL advocate. That's like flaming Mahatma Gandhi.

    Why should Mahatma Gandhi and Santa Claus fight it out while the Evil Empire looks on menacingly?

    1. Re:Santa Claus vs. Mahatma Gandhi? by Peaker · · Score: 1

      I think your view is too simplistic.

      Many of us believe that "normal" use of software copyrights is very immoral and harmful. By NOT acting against it, and even giving fuel to these immoral beings (closed-source distributors) you are encouraging immoral acts, and making closed non-free software more common.

      So we believe that as long as software copyrights exist, the only moral thing is to try to make it more difficult for closed-sources distributors to make everyone's lives more difficult.

      The BSD license makes it EASIER for them to make everyone's lives more difficult.

    2. Re:Santa Claus vs. Mahatma Gandhi? by MarkvW · · Score: 1

      Without the "immoral beings," as you call there would never have been the remarkable, unprecedented, and ongoing captialistic explosion that brought computers to everybody's desktop and gave the GPL-Tribe the hardware/software tools and user-base they need to foment their rebellion.

      The GPL-Tribe is good and useful, but it is not the ONLY good and useful tribe out there.

      The GPL-Tribe cannot and will not ever satisfy everybody's software needs. But it can establish a discrete environment where its concepts of free code are inviolate. In other words, the GPL-Tribe can lock the capitalist bastards out of part of the software world, but it can't lock the capitalist bastards out of the whole software world. And the BSD-Tribe will be more than happy to help the GPL-Tribe with this!

      Some products must be closed-source because the job will never get done by open-source developers. For example, no programmer is ever going to write financial services code for a Wall Street company for free. Likewise, some markets will never be adequately served by open source developers. Why are these "closed source distributors" immoral?
      The closed source developers are only serving a market that is ignored by the GPL-Tribe.

      If the GPL-Tribe is not providing something (like good multimedia software) for free, why shouldn't the closed-source people provide it--for MONEY? If nobody else is going to do it for free, why not?

      Your GOOD US vs. BAD THEM argument is unpersuasive. You would rather cripple your competitor rather than beat him in the marketplace--because your competitior is bad and you are good.

      If closed source serves a need that open source fails to serve--that makes them good to me. Most programmers of the really difficult and important stuff do NOT do it for free. They do it for money. The world (including the GPL-Tribe) needs those closed source programmers (if only to aid in the bringing of electricity to their houses).

      Lighten up! The BSD people are cool.

    3. Re:Santa Claus vs. Mahatma Gandhi? by Peaker · · Score: 1

      No, closed-source software has little to do with the explosion in the availability of PC's.

      And while I do think opensource is slowly beating the closed-source software in the market place, I believe that closed-source software exploits copyright law to gain a financial advantage that lets it compete and in some cases be technically better.

      Its still immoral, should be abolished, and fought against.

  143. ...and another one completely misses the point. by Anonymous Coward · · Score: 0

    Simple exercise: can you engage in all possible GPL-mandated behavior under the BSD license? Yes. Can you voluntarily practice all possible BSD behavior under the GPL license? No.

    This applies only when "you" are the first-tier recipient of the original code. After that, BSD allows re-licensing under any terms carrying any new restrictions. GPL does not, because that can interfere with the end-user's freedom.

    Simple exercise: can you, as an end-user, engage in all possible GPL-mandated behavior with regards to software that originated under the BSD license? Not with regards to any such software that has been redistributed under proprietary terms.

    What is mistakenly referred to as the 'viral' nature of the GPL is simply the insistance that the code remain under it's original license if anyone wishes to exercise the freedom the license grants to redistribute it. There's nothing unreasonable, viral, or communistic about that.

    The GPL establishes and protects freedom for the end-user, that I understand. I really wish someone with the opinion that the BSD license is "more free" than the GPL would explain to me who the freedom granted by the BSD license is intended for, and how that freedom is protected by the license. It doesn't make any sense to me to say that "the code" is more free, because code is inanimate and cannot in any way exercise freedom. As far as I can tell, the only freedom granted by BSD that is not granted by GPL is the freedom to restrict other people's freedom. The GPL simply doesn't allow redistribution of the code in ways that do not pass along the same freedoms the re-distributor received when he got it. What's un-free about that?

    1. Re:...and another one completely misses the point. by mr_matticus · · Score: 1

      This applies only when "you" are the first-tier recipient of the original code. After that, BSD allows re-licensing under any terms carrying any new restrictions. GPL does not, because that can interfere with the end-user's freedom.

      No, it doesn't interfere with freedom. The original code is still available to the end user. It doesn't vanish, and the end user remains free to access the original, freely released code and work with that.

      Simple exercise: can you, as an end-user, engage in all possible GPL-mandated behavior with regards to software that originated under the BSD license? Not with regards to any such software that has been redistributed under proprietary terms.

      Sure you can. The software originating under the BSD license is still there and still available for you to do as you please with. Every byte of code that was freely released remains free, regardless of what happens downstream.

      There's nothing unreasonable, viral, or communistic about that.

      Of course it's "viral" and communistic. It requires you to share your work with others when you might otherwise not want to or not be able to. The BSD and similar licenses allow you to choose whether or not to share your updates and modifications without forcing you to. It's communistic because it sacrifices the maximum possible range of choice for one group in order to boost the scope of choice for another group. It is classical redistribution.

      would explain to me who the freedom granted by the BSD license is intended for, and how that freedom is protected by the license.

      Freedom for everyone to choose how and whether to share their work. The BSD protects the choice by not limiting it. The BSD code originally released remains available straight through to the end user. Any developers along the way maintain the choice of sharing their modifications. Any such modifications voluntarily disclosed remain available to the end user. The end user has no claim of right to the work of others not voluntarily given, and the GPL grants power to originating developers they are not by default entitled to (and is a strings-attached "freedom"), and it grants power to end users they are not otherwise entitled to.

      The GPL simply doesn't allow redistribution of the code in ways that do not pass along the same freedoms the re-distributor received when he got it. What's un-free about that?

      Exactly that: the GPL doesn't allow distribution unless the redistributor freely gives up his work.

      That's not freedom; it's cross-licensing. It's not gratis, it's a conditional gift. There's absolutely nothing wrong with that, but it's not as free as possible.

      If I offer to give you $50, that's freely given. If I tell you that you can have $50 if you hop on a table and dance a little, that's clearly a bargained-for exchange. It might be a great deal, but it's not truly free. If, however, I give you $50 and ask that you dance on the table without making it conditional, you're still free to do so. That's what the BSD license and similar licenses do, and what the GPL does not tolerate. That's exactly why the argument that the GPL offers "more" freedom absolutely cannot validate.

    2. Re:...and another one completely misses the point. by Anonymous Coward · · Score: 0

      Exactly that: the GPL doesn't allow distribution unless the redistributor freely gives up his work. That's not freedom; it's cross-licensing.

      I would argue that to allow otherwise is not allowing freedom, it's allowing freeloading. The terms apply whether modifications were made or not, and often there is no "redistributors work" in the form of derivative code or enhancements to be given up, and it's just as important to apply the terms to these cases. The point isn't to capture the redistributors work, it's to prevent him from capturing mine. Downstream freedom is the way to insure that, and BSD simply doesn't provide for that in a practical way.

      It's not gratis

      No, it's libre. The phrase "freedom isn't free" speaks to the difference.

      But thanks for explaining your viewpoint in a way I can understand. I truly appreciate it. Your arguments are well-thought and make sense from your point of view.

      For my code, I think I'll stick with GPL3 which I think in practical terms maximizes the freedom for what I care about - the end user, which could end up being me. I would hate to find my code in something like a Tivo and discover that the company that was freely redistributing my code was preventing me from applying my latest bugfix to my own code in the machine I bought from them and supposedly own to do with as I please, especially if I had intentionally given them the libre to do it for gratis. Call me communist for reserving that right if they want the privilege of distributing my code, but I don't give away my freedom that cheap.

    3. Re:...and another one completely misses the point. by mr_matticus · · Score: 1

      I would argue that to allow otherwise is not allowing freedom, it's allowing freeloading.

      That is the price you pay for freedom. Giving people a choice sometimes means that they make ones you don't like.

      The terms apply whether modifications were made or not, and often there is no "redistributors work" in the form of derivative code or enhancements to be given up, and it's just as important to apply the terms to these cases.

      If you've made no changes, you just have to point to the original code. It's an attribution requirements that's identical between the GPL and BSD/MPL/CC/etc. in that regard.

      Downstream freedom is the way to insure that, and BSD simply doesn't provide for that in a practical way.

      Sure it does. Every byte that you release remains free until you make it otherwise. No downstream developer can change that, and ensuring that freedom is accomplished. Downstream changes aren't ensuring that your code stays free, it's ensuring that you can get their code for free.

      No, it's libre.

      I'm sorry, that's what I should have said in my previous reply: "It's not libre, it's gratis." It's "libre if you agree to these demands".

      I would hate to find my code in something like a Tivo and discover that the company that was freely redistributing my code was preventing me from applying my latest bugfix to my own code

      See, but there's the rub. If it were your code, you wouldn't have any problem applying the bugfix, because you could just build the fixed version and substitute the binaries.

      The situation you describe is only when someone has integrated your code into their substantive code, in which case it's their responsibility to provide bugfixes. Your patch might not even work on that code.

      I agree that it sounds like you know what you want to get out of your code, and that it's perfectly legitimate to share it on the condition that others do the same. I don't begrudge you that option one bit. I just wish more GPL advocates were as willing as you to see that not everyone wants their development the same way.

  144. Re:Did he miss the main difference? Or did you? by Anonymous Coward · · Score: 0

    The simple truth is that BSD has to be more free, because it allows for voluntary GPL-style contribution AND proprietary-style withholding. It provides more options, and if there's any unified definition for 'freedom', it's "choice".

    But in doing so, it only effectively insures this choice one teir down from the licensor. Once the recipient of BSD code exercises the option to redistribute it in terms that do not pass along that freedom, their recipients do not have this "choice" you say defines freedom.

    The GPL extends freedom to all downstream recipients down to the last end-user.

    One license extends freedom to all recipients of the code, and the other allows direct recipients to restrict the freedom of people they redistribute to. Tell me again which one "has to be more free", and why?

  145. +5 Flamebait by nacturation · · Score: 1

    I've tried to come up with the most inflammatory analogy I could and here's the best I could do. My apologies that I was unable to invoke Godwin's law, but perhaps someone can do better.

    BSD is like Jesus: give, but don't expect back and turn the other cheek if someone takes advantage of it. If someone takes your cloak, give him your tunic too.

    GPL is like an Indian giver: give, and expect back and if someone doesn't comply, hit them over the head with copyright law.
     

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    1. Re:+5 Flamebait by PitaBred · · Score: 1

      Except analogies with physical "taking" and "giving" don't exactly work with "infinite" goods like software. GPL and BSD both give, but GPL expects anyone that wants to use it as a base to also show people the same consideration they were given. BSD doesn't. And that's it.

      Don't let me stop you from trolling, though :)

    2. Re:+5 Flamebait by Anonymous Coward · · Score: 0

      Probably more insightful than the GP

  146. some fear of Microsoft by Anonymous Coward · · Score: 0

    Perhaps GPL are afraid that Microsoft will use there code to push people around with there monopoly.

  147. no MMU needed for Linux by r00t · · Score: 1

    The no-MMU patches were accepted a long time ago. I think it's been years already. Linux supports several different architectures that lack an MMU.

    1. Re:no MMU needed for Linux by phantomfive · · Score: 1

      Linux supports several different architectures that lack an MMU.

      But always poorly.

      --
      Qxe4
  148. Virus and Cure by acheron12 · · Score: 1

    According to GPL advocates:

    BSD licensed code is susceptible.
    Commercial licenses are the incurable viruses. Code infected by them requires constant, expensive therapy to stay alive.
    The GPL license is the vaccination.

    According to Bill Gates:

    BSD licensed code is susceptible.
    The GPL license is an incurable virus that spreads through all code it touches.
    The Microsoft Commercial License is the cure.

    --
    there is no god but truth, and reality is its prophet
    1. Re:Virus and Cure by ducomputergeek · · Score: 1

      My problem with the GPL was I always got the feeling that eventually the powers that be behind it would try to create tentacles where by anything that GPLed software touched would have to be GPLed as well. To me, that seemed to be the end goal in the back of my mind that RMS et. al. were really wanting. And to a certain extent, that has happened with GPL v3. For instance what happened with the SMF bridge and Joomla.

      I remember sitting in meetings with Lawyers years ago when developing a product. We were outlining an application and wanted to use some GPLed code as it's foundation. Would have saved weeks of development time and under what conditions. The killer was the fact we were hiring a couple programmers under contract 1099 status. Allowing them to take a copy home to work on would have been distributing and we'd have to make code available again and that was unacceptable to the project.

      Well, end of that story is that everything ended up being developed on FBSD and PostgreSQL. And that's the reason why if left to my own devices, that's my development stack of choice. It is free as in speech and beer without any ambiguity.

      What I have always liked about the BSD-license is that it is short, simple, and to the point. Just about anyone can read and understand it without a law degree.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  149. which license lets you fix a printer driver? by Anonymous Coward · · Score: 0

    I find the article insightful, and appreciate the value of the BSD license, but ... Recalling the seminal incident of the proprietary printer driver that RMS could not fix, I think he would not despise a license that said "only we can sell it, but you can see the code". However, the whole market would have to be changed that way. One thing the GNU license is doing is changing the marketplace. By the way, the use and derision of the philosophy of copyright and intellectual property is not a curiousity, but acknowledged irony as the best available weapon, turning copyright on its head.

  150. Lemons aren't under copyright law by ChaosDiscord · · Score: 1

    "The derived project is wholly owned by whoever wrote it, even if it uses other people's code. This is similar to the property laws of the real world."

    Except we're not talking about property laws in any way, shape, or form. We're talking about copyright law. Copyright law gets lumped in with other laws under the label of intellectual property, but still has nothing to do with physical property law. Analogies between the property law and copyright helps sustain the massive level of confusion and sloppy thinking about copyright law.

    Under copyright law if you take my copyright protected work and incorporate it into your work, it is a derivative work. As a derivative work, I share the copyright on your work.*

    Now, this is built on the assumption that I should get control over derivative works, but that's the law as it stands. That's also the assumption that many GPL fans have. It's the foundation of the GPL. As it's the same assumption that international laws and entire content industries are are built on, it seems a reasonable baseline to build from. You can disagree with it and believe it should be changed, but you should recognize it as the current situation.

    (*Excepting fair use, obviously.)

  151. Crazy Pills? by DesScorp · · Score: 1

    "The BSD is the license that allows you to restrict freedom. The GPL doesn't allow that."

    Restrict whose freedom? Certainly not the end user. The end user of BSD code can do damn near whatever he wants with it, all with the permission of the originator of the code. That's not freedom?

    The GPL is far different, and while I won't deny that much good can come from GPL'd code, to say that the GPL license is freedom while BSD is not is nothing but Orwellian Newspeak; up is down, left is right, war is peace. No one is making you use GPL'd code, but once you choose to do so, there are heavy strings attached, strings that the BSD license does not require of the end user. Do not confuse "Public Good" with "Free"... they're not necessarily the same thing. Comparing the BSD license to legalized slavery is partisan silliness of the worst kind.

    --
    Life is hard, and the world is cruel
    1. Re:Crazy Pills? by lubricated · · Score: 1

      >> Certainly not the end user. The end user of BSD code can do damn near whatever he wants with it,
      Yeah, as an end user I can do whatever I want with the imaginary code that came with my NT4 tcp/ip stack.

      >> but once you choose to do so, there are heavy strings attached, strings that the BSD license does not require of the end user.
      You are right, the GPL comes with heavy strings. They have no affect on the end user. It doesn't affect users in any way, only distributors.

      --
      It has been statistically shown that helmets increase the risk of head injury.
  152. Linux perfect example of the GPL limitations by Anonymous Coward · · Score: 0

    It doesn't matter how much good Linux will become if you can't use it in your commercial *software* products. This is why we (linux users) don't have commercial drivers/plugins.

    Another even bigger problem is the idea that all software should be "free". This discourage almost all software companies to develop software for Linux. This is why we don't have Photoshop, Dreamweaver or similar tools.

    In conclusion i think the GPL license is the main reason that prevent Linux to become a successfull OS. I also think that software released under such a restrictive license should be called "free for non commercial purpose" or "almost-free" software.

  153. GPL: It's not really about freedom by volfbane · · Score: 1
    It's about driving innovation by compensation. Just like the copyright system and the patent system were meant to operate. The GPL simply establishes the default compensation expected for code you found on the internet: you will share your code, so that, as my work solved your problem, your work may solve mine. If that price isn't acceptable, then your options are the same as any other copyrighted work: negotiate for an acceptable deal.

    BSDL, on the other hand, is not about driving innovation or compensation. It's more about plagiarism: "Don't claim my work as your own; Give me the credit I'm due for making your project quicker and easier"

    Both contribute to the community at large by reducing the need to re-implement some needed functionality in complex (or not so complex) projects, but the GPL takes that one step further by requiring more from its users.

  154. Of course the GPL is a Communist license by mbessey · · Score: 1

    There really can't be any debate about this. Whether you think Socialist/Communist are pejorative terms or not, they definitely fit here. The GNU project (and the FSF, by extension) are founded on a set of explicit Communist principles.

    http://en.wikipedia.org/wiki/From_each_according_to_his_ability,_to_each_according_to_his_need

    In the ideal GNU world, all software would be given away for free to anyone who needed it, and programmers would donate their time and effort out of the the sheer joy of doing useful work. The anti-commercial bias of the FSF and other "free software" advocates is completely out in the open.

    Seriously, have you even read the GNU Manifesto?
    http://www.gnu.org/gnu/manifesto.html

    First, it's a "manifesto" - that's, like, 10 bonus communism points right there. It also makes references to "solidarity", "comrades", and various other well-worn Communist catch phrases.

    Or this essay:
    http://www.gnu.org/philosophy/my_doom.html

    Where RMS compares working on proprietary software to lying under oath, or committing murder (really!).

  155. "I used the BSD license so you must too" by Anonymous Coward · · Score: 0

    Yeah, I had a hard time reading the article because Theo De Raadt, at least, believes that BSD code can be used in any project *except* for GPL-ed projects. So while the original developer claims he doesn't care about what later people may do, he most certainly does.

  156. Re:There is a reason -- BULLSHIT ON THAT REASON by itsybitsy · · Score: 1

    I'm a somebody and I DO NOT CONTRIBUTE TO GPL anymore. I did, I think once with a tiny program that is also BSD licensed plus another almost BSD license to conform.

    Had the GPL not existed on projects that I like I'd have contributed.

    GPL = DO NOT CONTRIBUTE.

  157. Wrong by Rix · · Score: 1

    It can be used in a commercial product, and it can be used alongside a proprietary product, but if they use it *in* a proprietary product, they have to open it up.

    Commercial != Proprietary

    The community certainly does get something back when free code is used in a commercial product. Consider all the hackable routers like the Linksys WRT's.

  158. Capitalism (GPL) vs Communism (BSD) by mkcmkc · · Score: 1

    Basically, people use the GPL because they are thinking in terms of Capitalism--that is, they are doing work and wish to be compensated for it. The compensation in this case is the "price of admission" for deriving from the code.

    BSD/etc. people, on the other hand, are thinking in terms of Communism--they work on their projects with no thought of (enforced) reward. Or I suppose you could call this altruism.

    Personally, I think either of these approaches is perfectly reasonable, although up to this point I've chosen to be "selfish" and license my projects under the GPL.

    --
    "Not an actor, but he plays one on TV."
  159. Piracy as per RIAA usage n/t by Anonymous Coward · · Score: 0

    n/t

  160. Code is not a block of wood by Anonymous Coward · · Score: 0

    and to stretch your terrible point a little further, use that wood to create a nuclear bomb and you'll find out that, no, you can't do what you want with it because the government will stop you.

  161. Re:BSD license is much more condusive to business by Anonymous Coward · · Score: 0

    I think the market of selling software just can't survive. Once you accept that, its natural to use the GPL license and let the free code profit to everyone on the long term.
    You want to sell software for a living? You can, but it get cracked in hours, distributed easily and efficiently with bittorrent, or much better: a free alternative exists. From all the listed things I don't think any will ever disapear, just the contrary in fact.
    By the time you lose energy fighting against software crackers, commercial or free alternatives, the free alternatives will get solid and featureful enough to be used instead of your commercial product.

    I think the market of selling software just can't survive. Once you accept that, its natural to use the GPL license and let the free code profit to everyone on the long term.
    You want to sell software for a living? You can, but it get cracked in hours, distributed easily and efficiently with bittorrent, or much better: a free alternative exists. From all the listed things I don't think any will ever disapear, just the contrary in fact.
    By the time you lose energy fighting against software crackers, commercial or free alternatives, the free alternatives will get solid and featureful enough to be used instead of your commercial product.

    So the question then is, what happens when more-or-less all proprietary software is gone and everything is GPL? Where does the money come from to pay developers? What you end up with is complete stagnation in the market, and no incentive other than "goodwill" to create great software. Right now the GPL seems like a great thing, but that's because a lot of the major projects are funded by companies with big wallets. That won't always be the case because GPL software will eventually be viewed as a money pit.

    I advocate the BSD license over the GPL, because people who want to create free software can do so, and people who want to innovate and sell software that builds on existing system libraries are also welcome to do so. And regardless of what GPL supporters state, my BSD-licensed project will always be free. I don't care if someone wants to innovate on top of it and sell it. That doesn't in any way make my contribution less free.

    The main point is that the GPL is a two-edged sword. Enforcing a GPL license on all derivatives is a great way to fight against Microsoft, but when all is said and done, the GPL will prove to be more like a set of shackles than freedom because when the market cools and free software stagnates because there is no money behind it... something like BSD unix will come to the rescue, providing libraries that commercial software can build on and once again bring innovation to the software industry.

    "But proprietary software is the reason the industry stagnated in the first place" you say. Competition is what prevents stagnation, not whether or not its free.

    As for crackers, there will always be people who feel justified in stealing.

  162. Credit by Santana · · Score: 1

    Slashdot ate the credit. Those were words from a friend, Mirabile.

    --
    The best way to predict the future is to invent it
  163. users vs developers by noldrin · · Score: 1

    It's not really about projects vs code it's users vs developers. GPL is about the rights of the users to make sure that they have certain rights, the right to redistribute, the right to access source code, the right to fix, the right to redistribute the fix. BSD is about the rights of the developer. The right to modify and redistribute how they wish. GPL doesn't care if developers are restricted if the user is free. BSD the developer is free to do what they want, even if it restricts the user.

  164. Re:BSD license is much more condusive to business by Anonymous Coward · · Score: 0

    Where does the money come from to pay developers?

    From people who need software that doesn't already exist. It's called "work for hire", a practice older than capitalism.

    Some people worry about "how do I rest on my laurels and get paid again and again for work I already did?" They are trying to exploit a market failure. If they go broke, I approve.

  165. Re:There is a reason -- BULLSHIT ON THAT REASON by Anonymous Coward · · Score: 0

    Freedom for me the developer is more important to me than freedom of the code.

    Freedom for the users is more important to the rest of us than your freedom to screw them over.

    You've overstepped your boundaries you socialistic communist.

    Try libertarian. Your users are thinking tool users with inalienable rights, and the control you exert over their capabilities is disgusting.

  166. Re:BSD license is much more condusive to business by eille-la · · Score: 1

    Why would innovation only come from commercial competition? I think innovation come from the need of better software, not from someone willing to "improve" a product only to make cash from it. Antivirus application are a good example of software that begun simple but always grows in size and features and bloat to gain market share. I don't call that innovation.

    Right now the GPL seems like a great thing, but that's because a lot of the major projects are funded by companies with big wallets. That won't always be the case because GPL software will eventually be viewed as a money pit.

    Why what is good now won't be in the future? This way of developing software produce a very great quality of code and I think those big wallets companies understand that. I also think this cost less for these companies to produce that quality that if they were trying to achieve it in a proprietary way.

    As long as someone need a (free) software to be better and cannot code it himself, why not hire somebody to code it, and share the result afterward? Thats the only reason why the software was so useful and solid at the first place. Its common sense to encourage the spread of that quality. Of course, you might be sorry not doing any money directly with the code produced by selling it, but thats a ethical choice: more people happy, some rich guys a bit less rich.

  167. Re: Mozilla Firefox licensing by PaulGaskin · · Score: 1

    Mozilla Firefox licensing: MPL/GPL/LGPL/Mozilla EULA (for binary redistribution)

    PHP has stopped GPL licensing since PHPv4 and offers this response in their FAQ:

    http://www.php.net/license/

    Q. You suck! I'm going to take the last version of PHP 3 that was distributed under the GPL and fork! How would you like that?

    A. With fries.

    Well, there are a lot of great GPL-licensed projects written in PHP, so I won't worry about the choices made by the PHP developers for now, but I'll be paying more attention to the direction of PHP in the future because I already didn't like the way the Zend Optimizer is licensed.

    Mozilla Firefox is still one of the flag-ship GPL-licensed projects. If that ever changed, I'd find another browser. To me, one of the important parts of the GPL is the preamble, which gives voice to my thoughts and feelings on the subject of software freedom.

    Another license may be GPL-compatible or acknowledged as meeting the criteria for the definition of Free Software, but I'm pretty enthusiastic about the socially-engaged vision of the GNU project. I tend to be drawn to projects which, by their choice of license, extend the reach of the FSF/GNU message.

    --
    Freedom is free.
  168. Re:There is a reason -- GPL=BORG by itsybitsy · · Score: 1

    >Freedom for the users is more important to the rest of us than your freedom to screw them over.

    So for you Users-Freedom is more important?

    I'm a user so my freedom is more important therefore I can do what I want and that is to take a package and develop it further and publish it and make money off the effor of MY labor and value that I added. OH but wait, which package did I choose?

    A GPL package requires that I GIVE ALL *MY* work back to the *COMMUNE-TY" so that EVERYONE can have it FOR FREE AS IN FREE BEER! Typical HIPPY COMMUNE-ISTIC values.

    A BSD package requires that I have freedom to choose what, when how much, and if I contribute to the community. I as a user and a developer user are TRUELY FREE TO CHOOSE which it will be. Yea for freedom.

    So the BSD style of licence provides FREEDOM for users which after all is what you said is more important to you.

    I don't see how it's "screwing them over" to take, say Apache, and modify my own version and then sell it. The license provides for that as intended. If I don't share the code for my version then I'll get no feed back from other developer users that they found a bug and fixed it for me, or any other benefits of sharing code.

    What "screws me over" all the time is the GPL since it PREVENTS me from making use of it in my own projects. Sure I use code under the GPL strickly as a "USER" never a developer altering it other than a minor mod here or there to fix or adapt it, but never for distribution due to it's restrictions of sharing BY FORCE.

    GCC is needed since it is what it is. When LLVM+clang is complete and sufficiently GCC compatible it will be great to hold a GOOD BYE GCC PARTY! I'm sure many people will attend to welcome in the era of LLVM+clang.

    Why is it FORCE THAT THE GPL USES? Well that's a good question; it's force since if I want to use a GPL code package I'm forced to live with RESTRICTIONS on my options of what I can do with the code. Not really much different from a private commercial package.

    If I modify and sell my version of Apache you don't have to buy it. You can always go to their web site and grab your own copy.

    The GPL foreces developers who want to use a package, modify it and distribute it to give up their intellectual property copyrights in that work, and have it absorbed by the COMMUNE-ITY.

    GPL=BORG

  169. PostgresQL (was Re:WINE) by TRS-80 · · Score: 1

    Wrong. EnterpriseDB maintains a proprietary fork that includes Oracle compatibility which they charge money for, and also employs quite a few core Postgres developers. People are moving away from MySQL due to its flagrant ignorance of SQL and how horrible it is it administer, both of which are possibly due to the lack of community caused by the "We own (and will make money from) your code" copyright assignments MySQL requires. The license is not the be-all and end-all of a project, community management is also important, ask ooo-build about OpenOffice.org.

  170. You got the GPL backwards by Anonymous Coward · · Score: 0

    The GPL is about freedom for the user, as discusseed here and (if that is your goal) this means that you cannot allow your sw to be used in non-free (free as in freedom) derivatives.

    On the other hand BSD developers could well care for nothing besides their project. If it is used to produce closed sw that traps and locks-in users, they don't care (think BSD kernel->OSX kernel). I am not saying that its always so, but its possible.

    As a practical matter a successful cl0osed derivative could bite back BSD sw by making the original project obsolete. GPL sw has no such problem.

  171. The GPL hurts some users too by Eivind+Eklund · · Score: 1

    If the viral GPL gains sufficient foothold, than there will be NO part of the market that is not considered a commodity, and there will be no place for the vast majority of programmers to make any money, and software will die.

    That's ignorant. Something like 95% of programmers are employed to write in-house software for their companies to use, and those jobs are perfectly safe from "the viral GPL". The only people who would stand to lose are the ones writing commodity software in the first place.

    There's also some user segments that stands to lose.

    In the present market, groups pay for enhancements from a baseline - the present codebase. This is done after the product is developed, by buying the product, and thus the users do not need to take the risk around the development. Users choose to do this when the benefit to them of using the software exceeds the costs of purchasing the software.

    With purely GPLed software, users cannot do this. Instead, they have to organize banding together, raising money up front (with the free rider problem meaning that a lot of people won't pay), hire a programmer or programmer team, and then take the risk of whether those programmers will perform.

    At least to me, it seems obvious that there will be many cases where users will not do this - and in practice will lose access to the software they could get benefits from.

    Eivind.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.