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Microsoft Treating "Windows-Only" As Open Source

mjasay writes "The Register is reporting that Microsoft is hosting Windows-only projects on its 'open source project hosting site,' CodePlex. Miguel de Icaza caught and criticized Microsoft for doing this with its Microsoft Extensibility Framework (MEF), licensing it under the Microsoft Limited Permissive License (Ms-LPL), which restricts use of the code to Windows. Microsoft has changed the license for MEF to an OSI-approved license, the Microsoft Public License, but it continues to host a range of other projects under the Ms-LPL. If CodePlex wasn't an 'open source project hosting site,' this wouldn't be a problem. But when Microsoft invokes the 'open source' label, it has a duty to live up to associated expectations and ensure that the code it releases on CodePlex is actually open source. If it doesn't want to do this — if it doesn't want to abide by this most basic principle of open source — then call CodePlex something else and we'll all move on."

383 comments

  1. This is microsoft trying to help kill open source? by MindlessAutomata · · Score: 4, Interesting

    This is most likely a tactic to try to get people to associate "open source" with Microsoft and not Linux.

  2. Of course they are calling it "open source" by Anonymous Coward · · Score: 0

    The more confused PHBs become, the easier it is to continue selling Windows licenses.

  3. Nothing new here. by Sir_Lewk · · Score: 3, Insightful

    Honestly, I don't see anything new here. This is just yet another example of Microsoft attempting to muddy the waters. It's classical embrace and extend.

    --
    "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    1. Re:Nothing new here. by iamhigh · · Score: 0, Troll

      yet another example of Microsoft attempting to muddy the waters

      Or is this FOSS advicates trying to muddy the waters between 'open source' and 'free software'.

      Open source == can see source code.
      FOSS/Free software == GPL; Few restrictions on use.

      If you don't want people confusing the two, then start using the correct term on your stuff.

      I am sure I will be a troll, or quickly corrected.

      --
      No comprende? Let me type that a little slower for you...
    2. Re:Nothing new here. by malkavian · · Score: 1

      Hopefully you won't be modded Troll. But "Open Source" is a little more than being able to see the source code.
      Have a peer at the definition.

    3. Re:Nothing new here. by recoiledsnake · · Score: 2, Insightful

      'Open Source' is different from 'open source'. Just because a non-profit organization steps it and tries to redefine English phrases doesn't mean the rest of the world has to follow it.

      --
      This space for rent.
    4. Re:Nothing new here. by iamhigh · · Score: 1

      Okay, I see that a group of people that secured 'opensource.org' has a definition that suits them. According to that definition "closed source" would mean anything that isn't freely distributable? What do you call a project that "has source code viewable", but the author wants to place restrictions on it's use? Does non-"open source" (not viewable code) have to be called compiled code?

      Are you starting to see the clusterfuck that is these naming schemes? And the problems seem to stem from the "open source"/"viewable code" crowd.

      --
      No comprende? Let me type that a little slower for you...
    5. Re:Nothing new here. by TheRaven64 · · Score: 3, Informative

      Please mod the parent down. Open Source must conform to the Open Source Definition, which lists ten points. Free Software must respect the Four Freedoms that the FSF enumerated. These are roughly equivalent. The FSF prefers the GPL, but they accept other licenses are Free Software.

      --
      I am TheRaven on Soylent News
    6. Re:Nothing new here. by mrsteveman1 · · Score: 1

      Note that i agree with you, but they would probably like for people to use terms like shared source etc.

    7. Re:Nothing new here. by Bruce+Perens · · Score: 4, Informative

      Code with source-code available but without the particular set of rights defined in the OSD is called "Disclosed Source Code". It is possible to have disclosed source code with "All Rights Reserved", such that nobody would ever have rights to compile the code. Thus, it makes sense to have a name that is specific to the rights attached, not just the fact that there is source code. That's what "open source" and "Open Source" mean. The capital letters are not significant, if it says it's open source it has to have the rights specified by the OSD.

    8. Re:Nothing new here. by Anonymous Coward · · Score: 0

      "must"? As in, it's illegal if it doesn't?

      (honest question)

    9. Re:Nothing new here. by Anonymous Coward · · Score: 1, Interesting

      Open Source must conform to the Open Source Definition [opensource.org], which lists ten points. Free Software must respect the Four Freedoms [gnu.org] that the FSF enumerated.

      Who says?

      The FSF? And who elected them to be the open source police?

      They're just an organization that's trying to force their beliefs and definitions on others. And there are a few things that I disagree with them on and I'll be damned if they're going to force their values on me. I even avoid their stuff so as to distance myself from them.

    10. Re:Nothing new here. by kjart · · Score: 1

      Open Source must conform to the Open Source Definition

      It must in order to be approved by OSI, but I tend to agree with the gp that source code being available is sufficient to call something open source.

    11. Re:Nothing new here. by Fancia · · Score: 3, Interesting

      "must"? As in, it's illegal if it doesn't?

      (honest question)

      OSI tried to register "open source" as a trademark, but didn't receive it. I don't think companies are legally bound to follow OSI's principles when describing something as "open source."

      If they're using the OSI trademark or something along those lines, which Microsoft doesn't seem to be, it's a different situation.

      --

      Bít, zabít, jen proto, ze su liska!
    12. Re:Nothing new here. by Anonymous Coward · · Score: 0

      Last time I checked no authority has any authority of the words Open Source or Free Software...

    13. Re:Nothing new here. by MobyDisk · · Score: 3, Insightful

      While I appreciate the various efforts to define, evaluate, and compare open source licenses, I don't want someone to be declaring an absolute manifesto of what it is. I wouldn't have disagreed with your post if you said "to clarify, here is the Open Source Definition as defined by opensource.org" and "here is the mainstream recognition of what Free Software is according to the FSF." But treating these definitions as absolutes is taking it too far.

      I've hosted and worked on many open source projects, and I've never had to go to some site to see if what I did fit someone else's definition of open. The last thing open source needs is a dictator.

      Getting back to the topic on hand, the association of Linux with open source is over simplified, in the same way that Microsoft is using oversimplifications to define what they are doing as open source. There's plenty of open-source operating systems, and there's plenty of open-source projects on closed-source operating systems. So open source != Linux, instead Linux is a subset of open source.

    14. Re:Nothing new here. by Rennt · · Score: 2, Informative

      Well, yes - it would be nice if this were the case. Unfortunately I don't believe that the terms "Open Source" or "Free Software" can be protected in any legal sense - for the same reason MS can't stop the word "Windows" (or "Word" for that matter) from being used by other entities.

      These are common terms, and could mean any number of different things in different contexts. MS could argue that IE is "free software" for example - its not like they charge anyone for it.

    15. Re:Nothing new here. by TimSSG · · Score: 3, Funny

      I like FLOSS better than FOSS. (Free/Libre/Open Source Software) That way when the Dentist asks if I floss I can say yes truthfully. Tim S

    16. Re:Nothing new here. by Anonymous Coward · · Score: 0

      but is free software really what the stallmanites say it is?

      Isn't free also defined as without cost? If you're going to use an english word that has multiple definitions, you might prepare yourself for it to be used as the other sense...and it be correct.

      Free software is software that comes to me without monetary cost. Air is free as well..

    17. Re:Nothing new here. by msuarezalvarez · · Score: 1

      So if I provide the source code for my app, but reserve all rights, disallowing even recompiling the code, do you think that is open source?

    18. Re:Nothing new here. by Hal_Porter · · Score: 2, Funny

      I agree. Shouldn't the definition of open source be more open?

      --
      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;
    19. Re:Nothing new here. by Anonymous Coward · · Score: 0

      > So if I provide the source code for my app, but reserve all rights, disallowing even recompiling the code, do you think that is open source?

      Why stop there? Provide the source only after they signed a contract that they will never look at it or process it in any way ;-)
      Obviously it is a gray area, but IMO for the code just being available generally the term "public source" would be much more precise...

    20. Re:Nothing new here. by nabsltd · · Score: 2, Interesting

      It is possible to have disclosed source code with "All Rights Reserved", such that nobody would ever have rights to compile the code.

      "All rights reserved" has a very specific meaning with respect to copyright, and not being able to compile code isn't included among those.

      The phrase is actually shorthand for "all copyright rights reserved", and nowhere in 17 USC is "compling" mentioned as a form of copyright infringement.

      It's exactly the same as MLB or the NFL trying to convince you that you need "express written permission" to copy a portion of the broadcast of the game. Those entities would like you to believe that their copyright rights can allow them to do that, but that's not the way it works. The same is true for "all rights reserved". Damn near every book published today says "all rights reserved" on the copyright page, but that doesn't change the fact that you can copy snippets of the book for your book review, or even copy every page of the book...as long as you don't distribute that exact duplicate, you are 100% within your rights.

    21. Re:Nothing new here. by fractalboy · · Score: 2, Interesting

      'Open Source' is different from 'open source'. Just because a non-profit organization steps it and tries to redefine English phrases doesn't mean the rest of the world has to follow it.

      Hmmmm.... can't redefine English phrases? Ever hear of "pro-choice"?

    22. Re:Nothing new here. by Creepy+Crawler · · Score: 1

      I'm con-choice.

      What choice are we making again?

      --
    23. Re:Nothing new here. by choseph · · Score: 1

      I'm making lunch. Right here I have a can of beans and a bowl to put them in. Let's call the can of beans the source and the bowl the target.

      Step 1 : Open Source
      Step 2 : Pour Source Into Target
      Step 3 : Profit?
      Uh, oh. I used "Open Source". Better call my lawyer and prepare for the oncoming community outrage.

    24. Re:Nothing new here. by I'm+Don+Giovanni · · Score: 1

      "Obviously it is a gray area, but IMO for the code just being available generally the term "public source" would be much more precise..."

      "public source" isn't "precise" at all, because it implies "public domain".

      For that matter "General Public License" also implies "public domain". I only bring that up because OSI made Microsoft change the names of MS-PL and MS-RL because OSI claimed that their original names were misleading, yet had no problems with the extremely misleading "General Public License" name, thus showing OSI's hypocrisy on these sorts of matters.

      --
      -- "I never gave these stories much credence." - HAL 9000
    25. Re:Nothing new here. by recoiledsnake · · Score: 2, Interesting

      The capital letters are not significant, if it says it's open source it has to have the rights specified by the OSD.

      Says who?

      --
      This space for rent.
    26. Re:Nothing new here. by Anonymous Coward · · Score: 0

      >Code with source-code available but without the particular set of rights defined in the OSD is called "Disclosed Source Code".

      Sez you, blowhard. I'll use the phrase open source any way I please.

    27. Re:Nothing new here. by masterzora · · Score: 1

      Awesome! I'm personally anti-life!

      --
      Remember, open source is free as in speech, not free as in bear.
    28. Re:Nothing new here. by masterzora · · Score: 1

      Only if you show me where in copyright law that compiling code is a right that can be reserved.

      --
      Remember, open source is free as in speech, not free as in bear.
    29. Re:Nothing new here. by Anonymous Coward · · Score: 0

      Open source == can see source code.

      Nope. Open Source is a license that conforms to the OSI Definition. The term was created specifically to prevent confusion, by only approving licenses with certain characteristics. MS are deliberately mixing software with OSI approved and non approved license and representing all of them as Open Source, hence they would not be eligible to use the OSI approved trademark (See previous link).

      FOSS/Free software == GPL; Few restrictions on use.

      Bzzt, wrong again. The GPL actually restricts users more than some OSI licenses (like no-advertising BSD), in order to ensure that the code remains free. Specifically, you cannot choose another license for GPL code unless it is GPL compatible. The difference is in the kind of restrictions. Restricting code to only one operating system family as MS are doing is completely unconscionable and can only be justified as a grab for market share. Its good for code to be ported (it exposes bugs), so MS's behaviour here is pretty transparent.

      Or is this FOSS advocates trying to muddy the waters between 'open source' and 'free software'.If you don't want people confusing the two, then start using the correct term on your stuff.

      Sage advice gone wrong here. You are aware of the origins of the terms FOSS/FLOSS right? They exist to differentiate between the two type of license. Its not in the interests of FLOSS authors to have users confused about what can be done with their software. It does fit into MS's established behaviour though (witness the naming of OOXML - 'Office Open' vs 'Open Office').

      I am sure I will be a troll, or quickly corrected.

      More of the latter than the former, I hope.

    30. Re:Nothing new here. by gbjbaanb · · Score: 1

      for the same reason MS can't stop the word "Windows" (or "Word" for that matter) from being used by other entities.

      Really? That won't stop them trying.

    31. Re:Nothing new here. by JAlexoi · · Score: 1

      FYI: Due to your ignorance, MS is the first to use 'open source' term in that manner.
      Free software exists without source code available if you are unaware.
      So you need to revise your own thinking, not everyone else.

    32. Re:Nothing new here. by JAlexoi · · Score: 1

      Well, it's the open source community who created the term, and MS is trying to redefine it.
      And "open" also means a lot of things. But some conjunctions have a very definite meaning. Open window vs open formation vs open stance vs open for business vs open hands and so on.

    33. Re:Nothing new here. by JAlexoi · · Score: 1

      I knew it! Windows has always been open source, since many government officials could have a look at it, and lets not forget the MS employees developing Windows. And by extension, since all software has source code, and someone can read it, all software is open source!

    34. Re:Nothing new here. by JAlexoi · · Score: 1

      Actually transforming source code into binary code is a violation of copyright. Since binary format is a derivative work.

    35. Re:Nothing new here. by nabsltd · · Score: 1

      You, too, have been brainwashed by various sources that want you to believe that copyright law has more restrictions than it actually does.

      If you distribute a derivative work, you are infringing on copyright. But, if you keep the compiled binary to yourself, you are not infringing. Although this may not sound very useful, it is more than enough to do things like security research, bug fixing, etc.

      Also, there has been no ruling on whether a compiled binary is actually a derivative work of the original source, and so even that part would be up in the air. Personally, I think it is, but it's the judges that matter, and we all know how those kinds of rulings can go.

    36. Re:Nothing new here. by thelawal · · Score: 1

      Open Source must conform to the Open Source Definition [opensource.org], which lists ten points. Free Software must respect the Four Freedoms [gnu.org] that the FSF enumerated.

      Who says?

      The FSF? And who elected them to be the open source police?

      They're just an organization that's trying to force their beliefs and definitions on others. And there are a few things that I disagree with them on and I'll be damned if they're going to force their values on me. I even avoid their stuff so as to distance myself from them.

      No one really has to follow it. But it is an excepted industry standard. If it were not people would not care if their license was OSI Approved. You can release a Open Source license that is not approved by the OSI and guess what no one would lift an eyebrow. There are Open source licenses that are not approved by OSI. And guess what? They still call themselves "Open Source".

    37. Re:Nothing new here. by thelawal · · Score: 1

      The OSI definition of open source is more than having the source made available for viewing. Please keep it straight.

    38. Re:Nothing new here. by msuarezalvarez · · Score: 1

      All rights can be reserved. They are, in fact, all reserved by default.

    39. Re:Nothing new here. by masterzora · · Score: 1

      Yes, I agree. But compilation is not one of said rights to my knowledge.

      --
      Remember, open source is free as in speech, not free as in bear.
    40. Re:Nothing new here. by Creepy+Crawler · · Score: 1

      I've always said that I'm for complete strip-mining of the Earth.

      It takes Earth back before a pre-biotic state. Its before we damned humans set foot here, so it HAS to be good.

      --
  4. Shocking secret of open source by Anonymous Coward · · Score: 0

    I hear there are no versions of the Linux kernel that run under windows.

    1. Re:Shocking secret of open source by 3seas · · Score: 2, Insightful

      Hmmmm, I discovered something with the latest Ubuntu......I could install it within MS windows and run it.... like an application.

    2. Re:Shocking secret of open source by nawcom · · Score: 1
      Actually there is a way. Virtual machines. You can compare the same with running an NT kernel to boot up Solaris - there's no logic in pointing this out at all. One example of code that can be integrated into the Linux kernel (or loaded as a module) that "runs under Windows" is the ext2 driver. http://uranus.it.swin.edu.au/~jn/linux/ext2ifs.htm.

      I am a little curious on if this ext2 driver that's used uses gpl code. Anyone know more info about it? It's only freeware; closed source.

    3. Re:Shocking secret of open source by Anonymous Coward · · Score: 0

      Hmmmm, I discovered something with the latest Ubuntu......I could install it within MS windows and run it.... like an application.

      Could you expand on that please? Do you mean that the ordinary Ubuntu installation will do this now? Or did you mean running under VWware or something similar?

      I've used Wubi before to make a dual boot installation but that isn't really running "under WIndows."

    4. Re:Shocking secret of open source by Dr_Barnowl · · Score: 1

      As long as the author of the driver from that site is the copyright holder of the original source, it doesn't matter if it was originally GPL ; the author may choose to relicense the code any way he sees fit.

      I'm not saying that this is the case ; just presenting a potential means of this driver being both based on GPL code and legitimately distributed in a closed-source manner simultaneously.

    5. Re:Shocking secret of open source by Punto · · Score: 1

      You're wrong. But there's actually a lot of "open source" projects that only run on windows. VirtualDub (GPL, hosted at SourceForge) and Google Chrome come to mind.

      --

      --
      Stay tuned for some shock and awe coming right up after this messages!

    6. Re:Shocking secret of open source by just_another_sean · · Score: 1

      Not sure if this is what the PP means but this certainly is native linux running in Windows.

      andLinux is a complete Ubuntu Linux system running seamlessly in Windows 2000 based systems (2000, XP, 2003, Vista; 32-bit versions only). This project was started for Dynamism for the GP2X community, but its userbase far exceeds its original design. andLinux is free and will remain so, but donations are greatly needed.

      And anyway, AC, the point is that even if this didn't exist but I got an itch tomorrow to do it myself no one would stop me with a "Whoa, whoa, whoa, you can only compile and run that code on X".

      with X representing a variable, not a popular OS by Apple :-)

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    7. Re:Shocking secret of open source by youthoftoday · · Score: 1

      Surely with Chrome it's more the fact that they bind closely with MS APIs rather than saying "you can't compile on another system"? It isn't possible to compile the same code against a non-MS platform, but they're not forbidding it?

      --
      -1 not first post
    8. Re:Shocking secret of open source by TimSSG · · Score: 1

      andLinux is coLinux with some needed additions that coLinux did not package an year or so ago. Tim S

  5. Re:This is microsoft trying to help kill open sour by Rockoon · · Score: 2, Insightful

    "...invokes the 'open source' label"

    Who owns this label?

    --
    "His name was James Damore."
  6. Code, wide open. by Anonymous Coward · · Score: 0

    I suppose it depends upon how "open" you think should be defined? For example if a company as part of purchase gives you the source code but says that you can't distribute it. Is that "open"?

    1. Re:Code, wide open. by mysidia · · Score: 1

      I suggest that from now on, whenever we discuss open source we disambiguate it

      OSI/Open Source -- when discussing open source code that is applied licensing properly meeting the OSI open source definition of open code licensing.

      FSF/Open Source -- when discussing open source software that meet's the Free Software Foundation's view of open code

      MS/Source -- when discussing what Microsoft calls or insinuates is "open source" software.

      Well.. we need for someone to come up with catchy names and brand logos for Open source software that come along with strings (like the software actually has to have open source licensing that doesn't mandate an OS or do other dubious things like restrict usage of software or how its output can be used).

    2. Re:Code, wide open. by ppc_digger · · Score: 1

      How about OSS, FOSS and MSOSS?

      --
      Of all major operating systems, UNIX is the only one originally meant for gaming.
    3. Re:Code, wide open. by Anonymous Coward · · Score: 0

      FSF/Open Source -- when discussing open source software that meet's the Free Software Foundation's view of open code

      You don't have to agree with the FSF, but you should at least understand the nature of the disagreement.

  7. I'm not surprised at all by this... by wesley96 · · Score: 2, Insightful

    Microsoft doesn't really understand the idea of 'open source'... It seems to believe that if the source is out in the open in a certain manner, so to speak, it's 'open source', and it believes there could be restrictions placed on top of it despite what the name implies.

    Maybe they're thinking along the lines of the 'open door policy' that some managers use as a means of 'communication with employees'. I mean, it's 'open', after all... right? He might throw a chair at you, but you're welcome to step in?

    --
    Serving time in Aristotelean prison for violating laws of physics
    1. Re:I'm not surprised at all by this... by ushimitsudoki · · Score: 1

      Microsoft understands Open Source perfectly well - it is an acknowledged threat to them. You can therefore rest assured that Microsoft understands the Open Source community well enough to subtly attack it, sow discontent, distract and splinter it.

      --
      Me and U(buntu) - my blog about Ubun
    2. Re:I'm not surprised at all by this... by master_p · · Score: 1

      Microsoft certainly understands the idea of open source...and they are freaked out because one day, which is not far away, they will become irrelevant in the software sector.

  8. Nobody owns the words 'open source" by Anonymous Coward · · Score: 0, Insightful

    But when Microsoft invokes the 'open source' label, it has a duty to live up to associated expectations and ensure that the code it releases on CodePlex is actually open source.

    Says who? I don't recall anybody owning the phrase "open source" or "free software".

    Even if somebody did, I'd think that's as just asinine as other engineered bogus trademark claims.

    1. Re:Nobody owns the words 'open source" by Anonymous Coward · · Score: 0

      Nobody owns the word 'beer', does that mean I can start selling horse piss under that label?

    2. Re:Nobody owns the words 'open source" by GodKingAmit · · Score: 2, Funny

      Coor's Brewing Company would say yes.

    3. Re:Nobody owns the words 'open source" by Anonymous Coward · · Score: 0

      If you're an American company, then probably.

    4. Re:Nobody owns the words 'open source" by Vectronic · · Score: 1

      As long as it is fermented horse piss, I believe the stipulations are: made from grain/cereal and fermentation, and horse piss could cover both of those.

    5. Re:Nobody owns the words 'open source" by meringuoid · · Score: 0
      Says who? I don't recall anybody owning the phrase "open source" or "free software".

      http://www.opensource.org/trademark

      --
      Real Daleks don't climb stairs - they level the building.
    6. Re:Nobody owns the words 'open source" by Nom+du+Keyboard · · Score: 1

      As long as it is fermented horse piss, I believe the stipulations are: made from grain/cereal and fermentation, and horse piss could cover both of those.

      Nice general observation that doesn't seem to really connect well to this particular matter at hand.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    7. Re:Nobody owns the words 'open source" by f_raze13 · · Score: 1

      Nice general observation that connects with the parent general observation while not really connecting with the particular matter at hand.

      Also, pretending to be open source is bad.

    8. Re:Nobody owns the words 'open source" by Anonymous Coward · · Score: 0

      That says "Open Source", not "open source".

      Aside from that, I'm impressed that somebody is actually asinine enough to think that they should control the usage of "Open Source" or that the phrase is even worthy of being trademarked. /. usually is all over people when they pull that kind of trademark asshattery.

    9. Re:Nobody owns the words 'open source" by recoiledsnake · · Score: 1

      That's the only the logo. The term is not trademarked and cannot be.

      --
      This space for rent.
    10. Re:Nobody owns the words 'open source" by masterzora · · Score: 1

      From your link:

      OSI is registering the Open Source Initiative Approved License trademark

      That is *not* the same thing as trademarking "open source" or even "Open Source". IIRC, they tried and it wasn't granted....

      --
      Remember, open source is free as in speech, not free as in bear.
  9. Terminology is not owned by narrow extremists. by Anonymous Coward · · Score: 0, Flamebait

    Sorry about this, but simply being a group of semi-communist nerds ("CopyLeft") does not give you the right to rewrite the dictionary and enforce this upon others.

    The way you as a narrow special interest group define 'Free' as in 'Free Software' does not rhyme with how the majority of the world's population define the word 'Free' or the connotations they draw from it. To therefore allow a special interest group to hijack standard terminology and aggressively retribute against people who defy their hold on and special definition of that terminology is not something we should, for the sake of language standards if not anything else.

    1. Re:Terminology is not owned by narrow extremists. by orzetto · · Score: 1

      The way you as a narrow special interest group define 'Free' as in 'Free Software' does not rhyme with how the majority of the world's population define the word 'Free'

      As a matter of fact, the majority of the world population has different words for free-as-in-freedom and free-as-in-beer: for the languages I know, there is Italian (libero/gratuito), Norwegian (fri/gratis), German (frei/kostenlos). So it's really because of a glaring fault of the English language, and the last thing you can blame the FSF for is that they did not insist about free software being not (just) free as in free beer. Translation of "free software" is actually much simpler than the original version, since that lengthy explanation about freedom and not-for-pay is unnecessary.

      As for Open Source, that's not a trademark as far as I know, but that is a term that everybody associates with the OSI. If you claim a software is open source when it is not fitting the OSI's definition, I think you should be sued. Call it shareware if you really want to use a commonly recognised buzzword.

      Of course there are projects around that say they are open source when they are not; Scilab and OpenModelica come to mind. That is however no excuse.

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    2. Re:Terminology is not owned by narrow extremists. by Nom+du+Keyboard · · Score: 1

      As long as it is fermented horse piss, I believe the stipulations are: made from grain/cereal and fermentation, and horse piss could cover both of those.

      For English how about:

      Freedom == free-as-in-speech
      No Charge == free-as-in-beer

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    3. Re:Terminology is not owned by narrow extremists. by Rockoon · · Score: 1

      So you recommend bastardizing the term 'Shareware' instead of your pet favorite term 'Open Source', essentialy screwing the shareware guys because you have a hard-on for the open source guys? The shareware guys have been aroud a lot longer than you open source zealots, and arent fanatical about what they do, so I am here to be fanatical for them. Don't piss on someone elses patch of territory.

      --
      "His name was James Damore."
    4. Re:Terminology is not owned by narrow extremists. by AlXtreme · · Score: 1

      Freedom == free-as-in-speech

      I agree completely with this. If only the FSF used the term "Freedom Software" instead of "Free Software" a lot of misconceptions would have been avoided. It isn't perfect, but it's a lot less ambiguous than both "Free Software" and "Open Source".

      --
      This sig is intentionally left blank
    5. Re:Terminology is not owned by narrow extremists. by youthoftoday · · Score: 1

      Yes but that word has been somewhat hi-jacked by American patriotic 'freedom'. Honest, the first thing I thought of when I saw "Freedom Software" was "Freedom Fries". Not a good thing, trust me (at least, from a the-rest-of-the-world perspective). I acknowledge the problem, but let's stick with 'free' for now.

      --
      -1 not first post
  10. This is the type of complaint... by Anonymous Coward · · Score: 0, Insightful

    This is the type of complaint that makes open source evangelism appear pointless.

    What exactly is open source software? Do I really need to be able to compile this on my TI99/4A? Why should I care if this software is initially only available on Windows?

    1. Re:This is the type of complaint... by meringuoid · · Score: 2, Insightful
      What exactly is open source software? Do I really need to be able to compile this on my TI99/4A?

      If you're an awesome enough hacker to take code written for Windows on x86 and compile it on a TI99/4A, then go to. The problem here is that the licence forbids it to be used on non-Windows platforms, not that it's difficult in practice to do so.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:This is the type of complaint... by Anonymous Coward · · Score: 0

      While I understand open source may mean one can use the source on any platform one chooses, why must open source mean only this?

    3. Re:This is the type of complaint... by msuarezalvarez · · Score: 1

      Have you read the definition given by OSI?

      It does not "only mean this", but in order to be OSI-Open, the licensince must not forbid porting to another platform.

      It is not that hard...

    4. Re:This is the type of complaint... by wootest · · Score: 1

      Isn't the issue not that there's currently only a MEF version available - although they've said that'll change - that links with Windows, but that a license they're using limits any derivative works to be available outside of the Windows platform?

      The Open Source Initiative is supposedly where Microsoft is interested in "certifying" their licenses, and I'll admit that the Open Source Definition put out by that group is a bit vague on this issue. The strongest support could be found in point 6 ("No Discrimination Against Fields of Endeavor") and point 8 ("License Must Not Be Specific to a Product").

  11. Re:haha by Miguel+de+Icaza · · Score: 5, Funny

    I don't think it is fair that you got first post, I wish I had got first post, my first post was going to be quite good. Someone (perhaps the shashdot editors should fix this). Maybe in retrospect I should have realised that an Anonymous Coward by nature would try to get first post, but I didn't, my hope was that the Anonymous Coward would change his behaviour this time so that everyone would get to read my post - but I guess the Anonymous Coward can't be trusted to do the right thing after all. Its a shame though. I really hope that from this chastisement Anonymous Coward will get message and change his spots. Irrelevant first posts are selfish and spoil things for everyone.

    --
    Before adopting WHATWG, read the moonlight.NET EULA [http://www.microsoft.com/interop/msnovellcollab/moonlight.mspx]
  12. Re:This is microsoft trying to help kill open sour by domatic · · Score: 5, Insightful

    It is not a matter of ownership. Words have a particular meaning and this is a case of MS trying to throw its weight around to change the popular understanding of the meaning of "Open Source" to something that is favorable for them. Last time I checked, "Open Source" does NOT mean "something that is only legal to use on Windows".

  13. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 2, Informative
  14. Seems to me there is plenty of this sort of thing by 3seas · · Score: 1

    ...from MS that a website dedicated to it is warranted and worth linking to from everywhere.

  15. Re:This is microsoft trying to help kill open sour by lastchance_000 · · Score: 4, Interesting

    Or Linux-only, or Mac-only, or Plan9-only. The point is that if someone wants to modify the code so it runs on an Atari 800, they're legally free to do so. Publishing the code, and saying, "You may do this, only, and no more", is certainly within their rights, but it ain't open.

  16. well hear this... by bone_idol · · Score: 3, Informative

    I hear there are no versions of the Linux kernel that run under windows.

    From http://www.colinux.org/ Cooperative Linux is the first working free and open source method for optimally running Linux on Microsoft Windows natively. More generally, Cooperative Linux (short-named coLinux) is a port of the Linux kernel that allows it to run cooperatively alongside another operating system on a single machine. For instance, it allows one to freely run Linux on Windows 2000/XP...

    1. Re:well hear this... by TheRaven64 · · Score: 1

      Does the colinux site really have those awful ContentLink underlining pop-up adverts, or is my ISP doing something evil?

      --
      I am TheRaven on Soylent News
    2. Re:well hear this... by Arielholic · · Score: 1

      It's the site, not your ISP.

    3. Re:well hear this... by Vectronic · · Score: 1

      It really has them, but it is preferable than banner ads...

    4. Re:well hear this... by Anonymous Coward · · Score: 0

      It doesn't...

  17. Re:This is microsoft trying to help kill open sour by perlchild · · Score: 2, Insightful

    A case could be made that it's a trademark of the opensource initiative, and/or software in the public interest...

    That Microsoft got their Microsoft Public License accepted by the OSI as an open-source license certainly indicates they know who defined the term... Then they go back and misuse it...

  18. The source code is available. by Anonymous Coward · · Score: 0

    That's ALL that's needed to be open.

    The criticism that MS' code isn't open source is a lie.

    1. Re:The source code is available. by Dr_Barnowl · · Score: 1

      This is one end of the spectrum of definition of "open source".

      The more commonly understood definition is a license that meets the Open Source Definition, which MS-LPL obviously does not (contravenes point 10 at least).

      It would not be outlandish to suggest that MS are trying to dilute the expectations of those hearing the words "open source" to include their more, well, useless definitions like MS-RSL which allows you to refer to the source for the purpose of increasing your understanding of the library (so you can make your stuff work around their "quirks", presumably), but doesn't actually grant you the right to build it, fix it, distribute it, or even use the binaries.

    2. Re:The source code is available. by masterzora · · Score: 1

      The more commonly understood definition is a license that meets the Open Source Definition [opensource.org], which MS-LPL obviously does not (contravenes point 10 at least).

      More commonly understood by whom? I bet you I could take 10 random people who know the term off the street and at least 9 of them would say "you can see the source code" or something similar to that. Hell, even here at Harvey Mudd College I could probably get at least 7 or 8 people out of 10 say the same.

      --
      Remember, open source is free as in speech, not free as in bear.
    3. Re:The source code is available. by TimSSG · · Score: 1

      The word available is not the same as can look at; which appears to be how MS defined open. Most of us, Geeks, can look at Girls; but, they are not available to most of us. Tim S

  19. Still Open Source by TheRaven64 · · Score: 1, Flamebait

    If someone can take the code, port it to other platforms, and distribute it, then it's still open source. They can refuse to accept patches porting it to other platforms, and it's still open source. Their hosting provider can even deny them free hosting if they accept patches for supporting other operating systems.

    Just because you host open source, doesn't mean you can't add extra constraints. Google Code limits the licenses you can use, and used to not allow the Mozilla Public License.

    --
    I am TheRaven on Soylent News
    1. Re:Still Open Source by BorgDrone · · Score: 3, Informative

      If someone can take the code, port it to other platforms, and distribute it, then it's still open source.

      That's the whole point, you're not allowed to do that.

    2. Re:Still Open Source by buchner.johannes · · Score: 1

      Even more:
      The project maintainer or distributer can choose not to have a homepage and not to accept patches at all. He/she doesn't have to host anything at all *IF* the source&license is passed on with the binary distribution. It doesn't even need to be project open to the general public to be a open source project.
      The key is, the person receiving the binary+source+license has the freedom make it one.

      Here it boils down to the question whether you have the freedom to extend the source to other platforms, not whether that modifications will be hosted for you, gratis.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    3. Re:Still Open Source by ClubStew · · Score: 1

      And to add to that, there are plenty of open source projects on Freshmeat that only run on linux/BSD, or even SourceForge for that matter (which also hosts Windows-only open source projects). "Open source" is that the source is made available. Various open source licenses generally allow for edits to the code but as the parent points out, those patches don't have to be accepted. Does the linux kernel take every patch? Hardly.

    4. Re:Still Open Source by cbhacking · · Score: 1

      You're correct, but you totally missed the point. The Limited versions of the MS Open Source licenses prohibit you from using the code with other OSes than Windows. This applies even to derived works, such as the result of a porting project. Redistributing non-Windows versions of that code would almost certainly constitute copyright infringement, just as binary-only redistribution of GPLed code is copyright infringement.

      --
      There's no place I could be, since I've found Serenity...
    5. Re:Still Open Source by init100 · · Score: 1

      there are plenty of open source projects on Freshmeat that only run on linux/BSD, or even SourceForge for that matter (which also hosts Windows-only open source projects).

      There is a big difference between code that technically requires a certain platform and code that is legally required to stay on one platform. Nothing else than technical reasons keeps the code from being ported in the former case, while in the latter case you cannot do it, technically possible or not, because it isn't allowed by the license.

    6. Re:Still Open Source by msuarezalvarez · · Score: 1

      And to add to that, there are plenty of open source projects on Freshmeat that only run on linux/BSD, or even SourceForge for that matter (which also hosts Windows-only open source projects).

      Please point ONE project whose licensing forbids porting the app to another platform. Just one.

    7. Re:Still Open Source by ClubStew · · Score: 1

      By their very nature many products cannot be ported without their foundations being ported as well. Do any forbid different platforms, though? Perhaps not. But show me one clause in the official definition (according to RMS) at http://opensource.org/docs/osd that says open source can be tied to a specific platform? It talks of products, but that's only that open source can be extract from part of a product an true open source can't forbid it. Last time I checked, CodePlex projects are part of Windows itself.

    8. Re:Still Open Source by msuarezalvarez · · Score: 1

      By their very nature many products cannot be ported without their foundations being ported as well. Do any forbid different platforms, though? Perhaps not. But show me one clause in the official definition (according to RMS) at http://opensource.org/docs/osd that says open source can be tied to a specific platform?

      I will assume you mean "can't" instead of "can", for otherwise your post is meaningless.

      Points 3 and 10 are clearly against a restriction to a platform.

      It talks of products, but that's only that open source can be extract from part of a product an true open source can't forbid it. Last time I checked, CodePlex projects are part of Windows itself.

      Huh?

    9. Re:Still Open Source by all204 · · Score: 1

      "sudo: mod: command not found"

      Sorry bud, I tried...

    10. Re:Still Open Source by TheRaven64 · · Score: 1

      Yup, it seems I only half-read the summary. More important, I think, is the news that Miguel de Icaza said something critical of Microsoft - this is far more news than Microsoft doing something evil directed at open source.

      --
      I am TheRaven on Soylent News
    11. Re:Still Open Source by gbjbaanb · · Score: 1

      If we're lucky he'll add a few extensions to Mono :-)

      (yeah, that assumes Mono will become more popular than C# :( )

    12. Re:Still Open Source by The+Bungi · · Score: 1

      And you (and Slashdot, as usual, although FUD is really not missing the point) also missed it. CodePlex does not prevent you from using any other license you wish for your code, up to and including the GPL.

      If Microsoft comes up with a software license that says you can't compile the source on an iPhone, then it's highly suggested you use some other license if those terms bother you in any way.

      Microsoft is also free to license their code under whatever legalese they see fit. It's up to you to decide whether or not that's acceptable to you.

      As to the definition of "open source", Richard Stallman tells me that "open source" is an insulting and misleading term, so I guess if you think Microsoft is subverting the meaning of "open" somehow, they must be getting cozy with him. Open Source is OSI's trademark. "open source" is a generic term.

  20. False Advertising by Anonymous Coward · · Score: 0

    It's about false advertising. Microsoft is making a claim that they aren't living up to.

    Nobody owns the phrase "CEO of a multinational corporation" but if I put it on my resume then I'll have hell to pay when trying to find a job.

  21. This is people trying to play with words. by Ostracus · · Score: 2, Insightful

    "Publishing the code, and saying, "You may do this, only, and no more", is certainly within their rights, but it ain't open."

    Licenses by definition aren't open and they most certainly serve an end. All the OSI approved licenses restrict what I can do in one way or the other. Otherwise everything would be public domain which is as free as this world can offer.

    --
    Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    1. Re:This is people trying to play with words. by EvilRyry · · Score: 4, Informative

      The big difference in this case is that it affects how you *use* the software.

      Many OSI approved licenses affect how you may redistribute the software, but none of them AFAIK limit how you may use or alter it.

    2. Re:This is people trying to play with words. by lysergic.acid · · Score: 5, Insightful

      technically you are right about what licenses are. but what open source licenses all have in common is that they aim to make the software source code the most freely available to others, thus maximizing its utility, with the minimal licensing restrictions to achieve this goal.

      Microsoft's use of "open source" not only goes against the spirit of FOSS, but also violates the basic definition of "Open Source" used by the OSI:

      5. No Discrimination Against Persons or Groups - The license must not discriminate against any person or group of persons.

      6. No Discrimination Against Fields of Endeavor - The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

      8. License Must Not Be Specific to a Product - The rights attached to the program must not depend on the program's being part of a particular software distribution. If the program is extracted from that distribution and used or distributed within the terms of the program's license, all parties to whom the program is redistributed should have the same rights as those that are granted in conjunction with the original software distribution.

      9. License Must Not Restrict Other Software - The license must not place restrictions on other software that is distributed along with the licensed software. For example, the license must not insist that all other programs distributed on the same medium must be open-source software.

      in the end, what "open source" means is defined by the community. it is what the community finds acceptable and conducive to the goals of the Open Source movement. if they decide that they are willing to accept Microsoft's definition of "open source" then the Ms-LPL can be called a genuinely open source license. however, that would require changing the current accepted definition of open source. but not only would that require arriving at a new consensus, but it would likely destroy the open source movement by undermining its original aim of fostering open collaboration and combat the increasingly restrictive IP laws and cultural attitudes.

    3. Re:This is people trying to play with words. by Timothy+Brownawell · · Score: 2, Insightful

      9. License Must Not Restrict Other Software - The license must not place restrictions on other software that is distributed along with the licensed software. For example, the license must not insist that all other programs distributed on the same medium must be open-source software.

      Would you happen to know why this point was worded to be specific to other software, instead of applying to anything that might accompany the licensed software? I can say "this sofware may not be distributed with fur coats", and as far as I can see that's be perfectly OK.

    4. Re:This is people trying to play with words. by janrinok · · Score: 1

      but also violates the basic definition of "Open Source" used by the OSI

      ... which places no legal obligations upon Microsoft whatsoever. The community can decide what is open source by using genuine open source software as they wish and by ignoring this code. However, nothing that the OSI defines places any legal obligation or commitment on any commercial body. The definitions have not been enshrined in law by any government. In fact, adherence to OSI definition has not even been debated nor has the list of definitions been accepted as being definitive.

      I'm not arguing with your post. I am supporting it but stating that, in my opinion, there is nothing that we can do.

      that would require changing the current accepted definition of open source

      Accepted by whom? There is no legally binding definition that everyone must accept and use. The one that you and I accept means nothing to those that do not want it to be recognised.

      We may not like it - indeed, I most certainly do not - but as a previous poster has already noted this is simply another move by Microsoft to muddy the water in an effort to counter the growing popularity of 'open source'. I bet a fair number of people will fall for this and claim that they support OS or are even using OS software where in actual fact they are simply using what Microsoft has said they may use.

      --
      Have a look at soylentnews.org for a different view
    5. Re:This is people trying to play with words. by Bruce+Perens · · Score: 5, Interesting
      Number 6, about fields of endeavor, covers restrictions on distribution with fur coats.

      The OSD is related to what people had tried to do with licenses at the time. For example, there was Alladin Ghostscript, which prohibited its distribution on the same medium with software that wasn't freely distributable. And there was the Berkeley Spice License, for their electrical engineering software, which prohibited the use of the software by the Police of South Africa, and still did a decade after apartheid was over.

      I was trying to define what was Free Software for Debian's social contract. FSF didn't promote a definition of Free Software at the time, although they'd published one in their newsletter a long time before. RMS even said in a personal email that he liked my definition.

      Then 7 or 8 months after this was all written and in use by Debian, Eric Raymond brought me the news of the meeting where a bunch of people had decided to promote Free Software as Open Source, and asked me to work on that. So, I filed off the Debian references and it became the Open Source Definition, and I announced Open Source to the world, including here on Slashdot (and that announcement still survives online today). That announcement was the first real use of "Open Source" to the public.

      Bruce

    6. Re:This is people trying to play with words. by Timothy+Brownawell · · Score: 1

      Number 6, about fields of endeavor, covers restrictions on distribution with fur coats.

      It looks like a weaker rule, "must not restrict [completely prevent] anyone from" vs "must not place restrictions [even small ones] on".

      The OSD is related to what people had tried to do with licenses at the time. For example, there was Alladin Ghostscript, which prohibited its distribution on the same medium with software that wasn't freely distributable. And there was the Berkeley Spice License, for their electrical engineering software, which prohibited the use of the software by the Police of South Africa, and still did a decade after apartheid was over.

      It just seems odd to me that it looks more like "don't do this specific thing that someone else did", rather than "don't do anything in this class, one example being this specific thing". It's more like enumerating individual badnesses, less like figuring out what makes them bad.

    7. Re:This is people trying to play with words. by Bruce+Perens · · Score: 5, Informative

      If I were to rewrite it today, it would say what you can do, rather than what you can't. But it's held up really well. There is a tremendous amount of software conveyed as having that particular set of rights, and it touches everybody's lives daily. I can't complain :-)

    8. Re:This is people trying to play with words. by node+3 · · Score: 2, Informative

      Licenses by definition aren't open and they most certainly serve an end. All the OSI approved licenses restrict what I can do in one way or the other. Otherwise everything would be public domain which is as free as this world can offer.

      They only restrict your ability to *close* the software (and some don't even do that).

      So, no, you're absolutely wrong. Open Source Licenses don't limit rights by their nature of being a license. Those that do, do so only to promote openness. The rest (like the BSD license) exist not to create restrictions (even positive ones), but are required because the way copyright works, it's pretty much required.

      Public Domain doesn't mean "free to do with as you please". It's mildly ironic, but in order for something to be fully, legally, free, it takes a license.

    9. Re:This is people trying to play with words. by node+3 · · Score: 2, Interesting

      I am supporting it but stating that, in my opinion, there is nothing that we can do.

      You're wrong. Amusingly so in that the slashdot post itself points out what "we" did, and that it got MS to change something.

      So what exactly makes you think we can't do anything about it, when in fact, we did?

      Accepted by whom? There is no legally binding definition that everyone must accept and use. The one that you and I accept means nothing to those that do not want it to be recognised.

      This is not necessarily true. Were MS to continue to call something Open Source, when it isn't, they could be open to a lawsuit for fraud, and I think they'd have a strong chance of losing. This isn't a situation where it lies in a fuzzy no-man's-land of ambiguous wording. It clearly lies outside of the predominant understanding of the term, and does not fall into some other alternate meaning.

      MS cannot just arbitrarily redefine words and have them legally stick. I can market butter as "healthy" because that's fuzzy. Is it lower salt than normal butter? Isn't that "healthy"? Or even, doesn't the body need fat and salt? So a half-pat of my extra salt and fat butter actually is healthy! And so on. But I can't take butter, label it as "diet cola" and sell it.

    10. Re:This is people trying to play with words. by mdwh2 · · Score: 1

      which places no legal obligations upon Microsoft whatsoever.

      If Microsoft have a legal right to do this, we have a legal right to criticise it, and point out that their software is not open source. The legality is beside the point.

      If I released software that was not allowed to be redistributed at all, and claimed it was "open source", are you telling me you'd agree, and defend me against people who disagreed, on the grounds that there is no law preventing me from doing so?

      If I did such a thing, people would be entirely correct to point out I was using the term incorrectly, no different to if I claimed my software was free (as in beer) when I was charging money for it, or if I claimed it ran on Linux when actually it only ran on Windows.

      We may not like it - indeed, I most certainly do not

      So we are in agreement - I don't see where the poster you replied to claimed that Microsoft were breaking the law by doing this. In fact, a poster earlier up in the thread explicitly said that this "is certainly within their rights", the point being that this isn't "open source".

    11. Re:This is people trying to play with words. by janrinok · · Score: 1

      If I released software that was not allowed to be redistributed at all, and claimed it was "open source", are you telling me you'd agree

      If you can read the source then the source is open. Being open does NOT give you the right to distribute it. The licence, e.g. GPL, says what the conditions are for distribution. So do the other licences. Some give you far more freedom than others but being open source does not legally mean you can distribute it. Tivo can read the code but, under the GPL3, they cannot use it commercially without releasing it to those who purchase their product. This prevents Tivoisation. So the limited distribution imposed by the licence is a GOOD thing and unlimited distribution is not something that you or I can demand as a right. Microsoft have interpreted open source in their licence to mean that you can read the code (i.e. it is open source) but you can only use it on Windows-based systems. Now the OSI has created 10 conditions which it says 'should' be met by all code that wishes to be called open source but it cannot enforce those conditions in a court of law. OSI and Microsoft differ on the interpretation but what gives the OSI the right to define laws? If I understand it correctly, the trademark on the term 'Open Source' was allowed to lapse so they cannot enforce its usage.

      We choose to interpret the OSI laws as being a definitive standard but, in legal terms, they probably have no more 'right' in a court than if I declare all software to be free. I suspect that many companies and programmers would object to that statement as they have proprietary rights to their code. Microsoft can call its code open source if it can be read, which it can. What conditions it then applies to the usage of that code might not be within the limits of 'open source' as you or I would like them to be interpreted but I wouldn't bet much on a court upholding our interpretation as being the only true legal interpretation. They might, but I wouldn't put any money on the outcome.

      We are free to point out that Microsoft's interpretation and usage of the phrase 'open source' differs from that understood by many people to be the correct interpretation. So point it out but that does not mean that Microsoft is doing anything illegal, simply that it is playing dirty and is attempting to confuse the market as to the 'correct' definition.

      --
      Have a look at soylentnews.org for a different view
    12. Re:This is people trying to play with words. by Atlantis-Rising · · Score: 1

      So restricting your ability to close the software is not a restriction?

      Of course it is. If you really wish to place no limits or restrictions on material you create, you are free to do so. But a license, by its very use and definition, creates restrictions. There would be absolutely no purpose to a license that did not.

      It would be like signing a contract with someone for the express purpose of pointing out that the contract has no purpose, which is both ridiculous and unnecessary.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    13. Re:This is people trying to play with words. by vk2tds · · Score: 2, Interesting

      My definition of OPEN SOURCE is that the source is available for viewing and personal use. This is closer to the original NETSCAPE version of OPEN SOURCE than the FSF version.

      Frankly, Open Source is whatever the author wants it to be. I think there is only one thing that can determine if the source is open. That is if the source can be examined and recompiled to fix bugs, in line with the original license of the program. I know that this is not a universally held view, but I am sticking to it.

      Darryl

    14. Re:This is people trying to play with words. by JAlexoi · · Score: 0, Troll

      There is no such thing as public domain... That is the problem with most copyright legislation. Even Homers Iliad is not in public domain, meaning that if you quote from it you can be forced to attribute the quote to Homer.

    15. Re:This is people trying to play with words. by Anonymous Coward · · Score: 0

      Except the GPLv3
      Or did they remove the 'no competing with the U.S. in trying to take over the world' clause?

    16. Re:This is people trying to play with words. by node+3 · · Score: 1

      So restricting your ability to close the software is not a restriction?

      I never said it wasn't. I'm just pointing out that it's not the type of "restriction" that gets most people worked up.

      But a license, by its very use and definition, creates restrictions.

      No, it doesn't. Most do, but it's not a requirement.

      There would be absolutely no purpose to a license that did not.

      You don't understand how copyright works. If you create something, like a computer program, you have a copyright on it (in the US). In order for other people to be able to legally copy it or even use it, they need permission from you. They need a license.

    17. Re:This is people trying to play with words. by Atlantis-Rising · · Score: 1

      That's simply not true. You can place material into the public domain, which means, simply, that it is not protected by copyrights.

      It is certainly possible to release material you have created from copyright, if you wish to do so. If you do not wish to do so, because you wish to restrict its distribution, then people who want to use it must license it from you.

      But to claim that a license exists for any purpose other than to create restrictions is fallacious. There is no purpose to licensing something when the effect of that license is to place it into the public domain. Such a license is unproductive and unnecessary.

      (For a more specific legal argument: It could be said that no work that has not passed through the time limitations specified in title 17 section 302, the Copyright Act, can exist in the public domain unless it is a work of the United States Government; and that therefore, by necessity, such works must be licensed for public release. However, if, in fact, you accept that interpretation of the Copyright Act, that does not obviate my original premise- the license is still a vehicle of restrictions upon the work, but those restrictions are imposed upon the vehicle from outside. The Copyright Office, from what I can tell, does not expressly support this view of copyright instead, it appears, tossing the entire issue into a third box- that a non-exclusive transfer of right, such as a non-exclusive and unlimited grant of use to any and all, while not technically a release into the public domain (as the Copyright Act has provision for revocation of such declarations) takes the general form of one, and therefore does not require the use of a license.)

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    18. Re:This is people trying to play with words. by RAMMS+EIN · · Score: 1

      Actually, I think the open-source definition is great as it is. Thanks!

      Especially the fact that it clarifies which things a license cannot prohibit if it is to be considered an open-source license is very helpful. I know many people have been tempted to say "but I don't want my software to be used by evil people or for evil purposes", with the best of intentions - but allowing such clauses would mean that _you_ or _your_ purpose could be disallowed by the license...and that's what we want to avoid.

      --
      Please correct me if I got my facts wrong.
    19. Re:This is people trying to play with words. by mdwh2 · · Score: 1

      If you can read the source then the source is open.

      Okay, if we're allowed to use a phrase in a way that isn't the common usage of it, how about if I released a software without making the source available (or perhaps I only showed a few snippets), and still claimed it to be Open Source? And by "allowed", I don't mean "legally allowed", I mean "Would you consider that to be a correct usage of the term 'Open Source'?".

      (Note, I am not talking about the word "open" alone, which has many meanings - the point here is the term "Open Source", which is a term popularised by the Open Source movement.)

      Discussions that not all Open Source is completely without restrictions are not relevant, as the term does not imply that.

      OSI and Microsoft differ on the interpretation but what gives the OSI the right to define laws? If I understand it correctly, the trademark on the term 'Open Source' was allowed to lapse so they cannot enforce its usage.

      Again, you have diverted the issue into one of legality, which is not what is being discussed. My post, and the posts above, have made it clear that we're not saying it is illegal, just that their usage of the term is just plain incorrect.

      We are free to point out that Microsoft's interpretation and usage of the phrase 'open source' differs from that understood by many people to be the correct interpretation. So point it out but that does not mean that Microsoft is doing anything illegal, simply that it is playing dirty and is attempting to confuse the market as to the 'correct' definition.

      Erm yes, that's exactly what my post said:

      "So we are in agreement - I don't see where the poster you replied to claimed that Microsoft were breaking the law by doing this. In fact, a poster earlier up in the thread explicitly said that this "is certainly within their rights", the point being that this isn't "open source"."

      You appear to be trying to argue against a straw man argument that claims that Microsoft is breaking the law. But I'm not claiming that, and I don't see anyone who is in this thread.

    20. Re:This is people trying to play with words. by janrinok · · Score: 1

      You are confusing 'open source' and 'Open Source'.

      --
      Have a look at soylentnews.org for a different view
  22. There is no problem here by yttrstein · · Score: 2, Informative

    Open source does not mean open platform, case closed.

    1. Re:There is no problem here by Dr_Barnowl · · Score: 2, Insightful

      No, "open source" means no license restrictions on what you do with the code. If the license forbids you to run the code on another OS, or another pieces of hardware, it is not open. Neither is it open if you prevent the use of the code for a particular purpose. If you want to use the code to tabulate a list of people who you intend to round up, incarcerate, and incinerate, people will deplore your morals, but the OSS movement in principle defend your right to use open source code to do it (but does not allow you to create a license that says that same group of people cannot use your software).

      Read point 10 of the Open Source Definition

    2. Re:There is no problem here by GodKingAmit · · Score: 1
      It has nothing to do with technical restrictions on platform.

      In the license there is specific language that you are not allowed to port the code to a different language.

    3. Re:There is no problem here by mysidia · · Score: 1

      Open source does not mean open platform, case closed.

      WRONG. Open source does mean the right to modify code to work on your platform of choice.

      See the Open Source Definition. The definitive explanation of what open source software is that the public knows of and takes for granted (currently).

    4. Re:There is no problem here by Timothy+Brownawell · · Score: 1

      No, "open source" means no license restrictions on what you do with the code.

      FSF disagrees, see the anti-Tivo section in the new GPL.

    5. Re:There is no problem here by yttrstein · · Score: 1

      Actually, the FSF can suck it on this one, and many of them (that ive gone drinking with) support me on this. GPLed software is always open source, but open source software is not always GPL. I understand the FSF would like very much for everyone to see it differently, but those of us who depend on the far less fascistic FreeBSD licensing scheme would very much appreciate it if everyone stopped trying to re-name everything and confuse everyone.

    6. Re:There is no problem here by Dr_Barnowl · · Score: 1

      Tivoization is a technical restriction, and was specificically concocted to get around the "no restrictions" clauses in the original license ; by ensuring that your hardware will only run, for example, signed binaries.

      Tivoization thus _does_ restrict what you can do with the code - you can't change it and run the changed build output on original hardware. It's therefore debateable just who started this particular fight.. It's inevitable the GPL 3 would include a reaction to this. Tivoizers gain all the benefits of the vast collective efforts put into GPLed code whilst dealing themselves out of the game that put that code in their hands in the first place - not cricket.

      If people want to make Tivoized devices they should stick to (new variant) BSD licensed code, which is entirely happy to let them do whatever they like and not contribute. Of course, this limits their choices. Que sera.

    7. Re:There is no problem here by Arceliar · · Score: 1

      Open source does not mean open platform, case closed.

      Yes... yes it does. From the Open Source Definition

      8. License Must Not Be Specific to a Product

      The rights attached to the program must not depend on the program's being part of a particular software distribution [...]

      I mean, technically the OSI doesn't own a trademark on the term or anything, so I don't believe there's anything they can do to enforce the definition, but calling this "open source" is like calling a garbage can a "lunch box".

    8. Re:There is no problem here by moosesocks · · Score: 3, Insightful

      No, damnit.

      Open source means that the source is open. That's it.

      You could hypothetically define "Open Source" (with capitals) however you see fit, or be a lot more specific and refer to GPL, BSD, Creative Commons, etc.

      However, in this case "open source" is very simply referring to software that has its source code openly available. You cannot simply redefine the meaning of already-existing words, especially when you're not using them as a proper noun. There is absolutely no debate to be had here.

      Also, what's the deal? Microsoft seem to be heading in the right direction, and actually seem to be addressing the criticism being thrown at them. Miguel de Icaza has a fantastic track record for being diplomatic, and persuading Microsoft to "do the right thing."

      Finally, please don't bring up the extend-embrace-extinguish argument. It's a cynical logical fallacy that can be used against any seemingly-benevolent action undertaken by anybody.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    9. Re:There is no problem here by Gewalt · · Score: 2, Insightful

      No, "open source" means no license restrictions on what you do with the code.M

      Every single "open source" license out there completely contradicts your statement.

      --
      Modding Trolls +1 inciteful since 1999
    10. Re:There is no problem here by Gewalt · · Score: 2, Informative

      OSI is not a governing body, so their opinion on the matter is largely irrelevant.

      --
      Modding Trolls +1 inciteful since 1999
    11. Re:There is no problem here by Anonymous Coward · · Score: 0

      OSI isn't a regulatory body. They can have opinions--people aren't required to pay any attention to them, though.

    12. Re:There is no problem here by mysidia · · Score: 1

      So? ISO is not a governing body.

      What do you think would happen if Microsoft shipped their word processor and stated "Open Document Format" support.

      Which is just Word 2003 format renamed, i.e. saving as "Open Document Format (.ODF)" saves in the Word 2003/XP format.

      Being an "Open Document Format" was a generic name, until someone came up with a specific definition.

      Just like being an "Open Source" license was a generic name, until the Open Source initiative was founded and helped popularize the name according to a rigid definition.

    13. Re:There is no problem here by Gewalt · · Score: 1

      Then they would get sued for trademark abuse and a court would order them to stop.

      --
      Modding Trolls +1 inciteful since 1999
    14. Re:There is no problem here by jimicus · · Score: 0

      No, damnit.

      Open source means that the source is open. That's it.

      It's a phrase in common use, but as a phrase it did not exist before the FSF came up with it. I think it's perfectly reasonable for the person(s) who coins a phrase to dictate what it means; YMMV.

      Also, what's the deal? Microsoft seem to be heading in the right direction, and actually seem to be addressing the criticism being thrown at them.

      No, they're heading in exactly the direction I'd expect them to head. They can't lose control of the operating system; they've tied their entire business to it. If a thriving network of Open Source projects which deal with common problems and run on any platform including Windows develops (and right now I can't think of more than a few major projects in widespread use which do - Thunderbird, Firefox, OpenOffice, and not a lot else) then sooner or later people will be saying "Hang on. We do everything we need on open source software which runs on any platform. Why are we still paying Microsoft thousands per year?"

      Microsoft are treating Open Source like the latest buzzword and doing exactly what they do as soon as any such buzzword - trying to set things up so you can use the buzzword if you like but you're damn well going to do it on their terms using as many of their products as possible.

    15. Re:There is no problem here by Gavagai80 · · Score: 2, Interesting

      The dictionary is a governing body on what words mean. It agrees with OSI: http://dictionary.reference.com/browse/open%20source

      --
      This space intentionally left blank
    16. Re:There is no problem here by mysidia · · Score: 1

      That's exactly what I would want to happen.

      I also think 'OOXML' should be in the same boat.

      I mean: M$'s name Open XML seems deceptively confusing with: OpenOffice.org XML.

      I wonder why the OpenOffice.org people aren't vigorously defending the OOo mark?

      I'm not so sure M$ wouldn't get away scott free if they hijacked the ODF name in the way described previously.

      Perhaps if they called it 'Open (XML) Document Format' instead as the new name for proprietary .docx they would get away with it

    17. Re:There is no problem here by Anonymous Coward · · Score: 0

      yes, software that has its source code -openly- available.

      -open- source. not disclosed source. what's open about showing me source code that i literally can't do anything with except look at?

      going by your logic, what's the difference between open source and disclosed source?

    18. Re:There is no problem here by abigsmurf · · Score: 1
      The open in open source has exactly the same usage as in open book. You open both of them to look at the contents.

      There's nothing special about the term open source. It means that the source is available to see. Nothing else.

    19. Re:There is no problem here by abigsmurf · · Score: 1

      Taking someone to court over an obvious and descriptive name will result in failure.

    20. Re:There is no problem here by Zironic · · Score: 1

      The only country I know off which has a governing body handle the dictionary is france, everywhere else the dictionary is just an attempt to gather the common definitions not stricly define them.

    21. Re:There is no problem here by masterzora · · Score: 1

      I wouldn't say a dictionary is really a governing body. Moreso, the one you link just scrapes web results and is pulling them from "The Free On-Line Dictionary of Computing" and "The Jargon File", the former of which is useful, but not really an authority of any form and the latter of which is specifically, by its own admission, full of definitions in as far as they are used by "hackers".

      --
      Remember, open source is free as in speech, not free as in bear.
    22. Re:There is no problem here by mysidia · · Score: 1

      Taking someone to court over an obvious and descriptive name will result in failure.

      An obvious and descriptive name like Windows ?

    23. Re:There is no problem here by Your.Master · · Score: 1

      Your question has a hidden assumption, which is this: there must be a difference between the meanings of open source and disclosed source.

    24. Re:There is no problem here by Hooya · · Score: 1

      > You cannot simply redefine the meaning of already-existing words

      Word!

    25. Re:There is no problem here by Taagehornet · · Score: 1

      Sorry for straying off-topic, but no. Dictionaries document languages; they do not define any.

    26. Re:There is no problem here by Gavagai80 · · Score: 1

      The dictionary observes what a word means in the community. If you use that word in a different way, you're just being an ineffective communicator or an idiot -- not a wild rebel fighting the evil definitions of the tyrannical majority. Words are for communication with other people, so you'd better use them the way other people do.

      --
      This space intentionally left blank
    27. Re:There is no problem here by JAlexoi · · Score: 1

      FYI: There are 21 meanings of the word open, witch one will MS choose tomorrow?

    28. Re:There is no problem here by moosesocks · · Score: 2, Insightful

      Again. As long as you capitalize Open Source, you're correct.

      However, the insistence on using the most ambiguous language possible to describe an ideology has ultimately resulted in arguments such as this. RMS and co. should have avoided naming their movement using words such as "Free" or "Open," which can be used to mean something quite different.

      Granted, part of this is the fault of the English language, which fails to differentiate between "libre," and "gratis," though you'd think that they'd have just sidestepped the problem entirely, considering that RMS has been explaining the difference between "Free Speech vs. Free Beer" since the beginning.

      You could also argue that the GPL and BSD license are two very fundamentally different ideologies. Do they both also belong under the same umbrella, or is there room for a third ideology?

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    29. Re:There is no problem here by Anonymous Coward · · Score: 0

      BAHAHAHAHAHA!

      Miguel's "track record" with Microsoft is only good because he's been essentially sucking on the Microsoft tit for years, fawning over Windows and trying to bring as much Microsoft "technology" (for lack of a better word) over to Linux as possible using his position with GNOME to further his own political goals.

      I'm guessing you don't like people bringing up "the extend-embrace-extinguish" argument because you have no logical argument against it, correct?

    30. Re:There is no problem here by Anonymous Coward · · Score: 0

      Finally, please don't bring up the extend-embrace-extinguish argument. It's a cynical logical fallacy that can be used against any seemingly-benevolent action undertaken by anybody.

      Sure, except the org we are talking about has been known to use that "technique" again and again and again and .....

      And what's being done is the first step in that "technique".

      Wouldn't you want to make sure that you don't fall prey to it again when you see the warning signs?

    31. Re:There is no problem here by Zironic · · Score: 1

      I fully agree with you.

    32. Re:There is no problem here by abigsmurf · · Score: 1

      http://en.wikipedia.org/wiki/Microsoft_vs._Lindows It did result in failure. Microsoft settled by paying Lindows for the Lindows trademark because they were scared the judge would declare windows a descriptive name.

  23. How could that possibly work? by Anonymous Coward · · Score: 0

    MS is such an insignificant player in OSS and is hardly associated with it as it is... I really wonder what it expects to gain from this. Nobody looks at MS when they think of Open Source.

  24. Nothing to see here... by recoiledsnake · · Score: 3, Informative
    This is classic Register bs. From the codeplex site:

    About CodePlex CodePlex is Microsoft's open source project hosting web site. Start a new project, join an existing one, or download software created by the community. More About CodePlex... Microsoft does not control, review, revise, endorse or distribute the third party projects on this site. Microsoft is hosting the CodePlex site solely as a web storage site as a service to the developer community.

    In other words, developers can -gasp- choose the license they want. And they do, including MS. Also, it has nothing to do with the OSI since MS explicitly mentions it's 'open source' and not 'Open Source'(which seems to be hijacked by the OSI as a trademark?). open source != free(as in freedom) software.

    --
    This space for rent.
    1. Re:Nothing to see here... by lseltzer · · Score: 1

      Well said. Mod-U-Up.

    2. Re:Nothing to see here... by zmjjmz · · Score: 1

      That's not the problem though. The problem is that MS is using Codeplex to host not-OSS files.

    3. Re:Nothing to see here... by thermian · · Score: 1

      I don't see a problem anyway. I mean, who would host a project on the Microsoft site that *wasn't* for Windows? Seriously?

      I wouldn't. On the other hand I might use their site if I did a small windows only project. Its all about reaching your target audience.

      There's this whole other culture of people who want to get paid by everyone who uses their software. Amazing, but true. They even like to charge for source code (gasp!).

      I say so what? I have my software under the GPL and don't charge for it. I have been given expenses to attend conferences, and expenses to go teach students using it at universities, but the software is, and remains, available for no cashy money.

      If someone else wrote something similar and charged for it, well I wouldn't get all upset, or self righteous, because you see, I believe in the freedom to decide what you do with your own stuff. If you don't do that, you can't expect the same in return.

      I wonder if that will make people rant at me?

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    4. Re:Nothing to see here... by lokpest · · Score: 1

      'Open Source' (which seems to be hijacked by the OSI as a trademark?)

      I think you're referring to this picture: http://www.masternewmedia.org/images/opensource_logo.gif As you se if you look close at it, its the image that is trademarked, not the term (yes, I agree that its at best a little confusing). I belive they tried to trademark the term but was turned down because it was to broad to trademark such a thing.

    5. Re:Nothing to see here... by 10101001+10101001 · · Score: 1

      Microsoft does not control, review, revise, endorse or distribute the third party projects on this site. Microsoft is hosting the CodePlex site solely as a web storage site as a service to the developer community.

      I'd imagine that stance would change pretty quickly the second someone tries to post an Windows XP .iso on CodePlex.

      In other words, developers can -gasp- choose the license they want. And they do, including MS. Also, it has nothing to do with the OSI since MS explicitly mentions it's 'open source' and not 'Open Source'(which seems to be hijacked by the OSI as a trademark?). open source != free(as in freedom) software.

      Great. Developers can choose the license they want. And MS can choose to only host open source licensed software. If MS doesn't require any conditions on licensing, then MS can't promise "open source" projects by any definition. Hell, I might just start using CodePlex as a binary mirror.

      --
      Eurohacker European paranoia, gun rights, and h
    6. Re:Nothing to see here... by man_of_mr_e · · Score: 1

      Not only that, but just because they call it an open source site doesn't mean that *ALL* software has to be open source, by any definition. As long as some is, then it's still an open source site. This is just stupid rhetoric. Microsoft doesn't claim it's an "open source only" site.

      Aren't there worse things people can criticize Microsoft for?

  25. Deja vu all over again..... by cptdondo · · Score: 0, Redundant

    First there was "Embrace"

    Now there is "Extend"

    Next up...

    Unfortunately for MS, the FOSS genie can't be stuffed back in the bottle, and muddying the waters like this only serves to delay the inevitable - FOSS is cheaper and better than closed in a commodity market.

  26. Nothing new here... by fahrbot-bot · · Score: 1
    From the Microsoft playbook circa 1995:
    http://en.wikipedia.org/wiki/Embrace,_extend_and_extinguish

    "Embrace, extend and extinguish," also known as "Embrace, extend, and exterminate," is a phrase that the U.S. Department of Justice alleged was used internally by Microsoft to describe their strategy for entering product categories involving widely used standards, extending those standards with proprietary capabilities, and then using those differences to disadvantage its competitors.

    --
    It must have been something you assimilated. . . .
  27. forges by germ!nation · · Score: 1

    does rubyforge, for example, host any non-ruby projects?

  28. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    Except that the term was around long before the OSI "defined" it.

    People need to learn to distinguish between "open source" and "Open Source". Anything that comes with source code is "open source". Anything that meets the OSI definition is "Open Source".

  29. Re:This is microsoft trying to help kill open sour by mysidia · · Score: 2, Interesting

    It used to be registered as a service mark of the Open Source Initiative.

    However, I believe the trademark registration was allowed to lapse in 1999. It is a shame, because this is the type of confusion that the trademark and trademark law should have prevented.

  30. Re:This is microsoft trying to help kill open sour by mrsteveman1 · · Score: 1

    They do seem to be quite touchy about the use of the phrase Open Source (in caps).

    They really did pick a bad name though, because Open doesn't imply all the things they want it to mean.

  31. open source != cross platform != no restrictions by Anonymous Coward · · Score: 0

    some licenses let you sell your product some licenses don't. so what difference does it make if some licenses want to support a specific goal, like in this case, more open source software for Microsoft products

    get over it

  32. Bad summary by Joe+Jay+Bee · · Score: 2, Insightful

    From the article:

    While the CodePlex site does not mandate the license for projects, you are told to pick your own license with CodePlex directing you to the open-source license page of Wikipedia for more information. CodePlex is home to projects under a range of licenses recognized by the OSI, such as Apache 2.0, and open-source-like custom licenses not officially recognized. ®

    Honestly, please read more than a paragraph or two of the article before submitting it to Slashdot. You can submit any code under any licence you like to CodePlex, and indeed encourages you to do so. Where's the problem here, exactly? That "open source" means different things to Microsoft than it does to some other people? That term means many things to many people, from the idea of being able to view the source of software but do little else with it, to the BSD/public domain-ish idea of all code being available for modification under virtually any terms. That's all this is. Nothing to see here, move along.

  33. But... by Junta · · Score: 2, Informative

    Point understood, you have an example of a ruby-only site.

    However, do projects on that site have a license explicitly forbidding you from re-implementing them in python or perl or C? I suspect no, that they would allow that even if they choose not to explicitly aid it.

    In this case, MS's site is hosting code that not only is Windows specific, but forbids potential developers from even porting it to other operating systems. The former is hard to argue, the latter bit I understand raising some ire amongst Free software advocates.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  34. Re:This is microsoft trying to help kill open sour by Tubal-Cain · · Score: 2, Informative

    But (if I am understanding the comments correctly), the license forbids you from porting to code to another platform. A real open source license wouldn't do that.

  35. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 5, Informative
    There was no "open source", capitals or not, regarding software until the Open Source Definition. If you look through past material, you can only find a few uses of the words together regarding software at all, with no consistent meaning.

    Open Source is what is defined by the Open Source Definition.

    A number of microsoft dweebs and/or campaigners would like to have it otherwise. But then Microsoft would like to have a lot of things. It's called corporate totalitarianism.

    Bruce

  36. Re:This is microsoft trying to help kill open sour by mrsteveman1 · · Score: 1

    Yea but can you really trademark such a term at this point? The use of the phrase open source is so widespread now i think they've lost control of whatever power they had over its use, unless they'd like to argue over the use of capitalization Open Source vs open source.

  37. Re:This is microsoft trying to help kill open sour by vishbar · · Score: 3, Insightful

    The problem isn't that the code is built solely for Windows...there are lots of projects that are considered open source that are built for a single operating system. The issue is that the license expressly forbids developers to port the code to any other OS.

    Call it what you will, but that ain't open source.

    --
    Ride the skies
  38. Re:This is microsoft trying to help kill open sour by mysidia · · Score: 5, Informative

    They weren't bastardizing the concept. They were working with the community to provide a definition big companies like IBM, Sun, or Microsoft, and lawyers could understand.

    And in the past they even registered "open source" as a service mark for protection of the thriving community against dilution by people who wanted to twist the concept of open source.

    To protect against companies who want to just make the source visible without actually opening it for others to use or change without undue restrictions protective corporate lawyers would normally demand upon (things like written approval).

  39. quickly corrected by erlehmann · · Score: 4, Informative

    From http://www.opensource.org

    Open source doesn't just mean access to the source code. The distribution terms of open-source software must comply with the following criteria: [...]

    Emphasis mine.

    1. Re:quickly corrected by T-Bone-T · · Score: 1

      If open source doesn't mean access to the source code, what is this "source" thing? Can I put it on my turkey next month? Is it good on ribs?

    2. Re:quickly corrected by Mateo_LeFou · · Score: 1

      If it is open source, then yes, you can put it on your turkey and ribs and stuff.

      If it is locked-down software pretending to be "open source" then you will have to ask the provider of the source what, if anything, you can do with it.

      --
      My turnips listen for the soft cry of your love
    3. Re:quickly corrected by T-Bone-T · · Score: 1

      How is it locked down if I can access the source code? What is stopping me from changing whatever I want? If you are saying it is locked down because it only runs on Windows, you are confused. That just means the code isn't cross-platform.

    4. Re:quickly corrected by ToasterMonkey · · Score: 1

      The "Open Source Definition"?
      What does that have to do with open source? You mean "Open Source (TM)"? Sorry, that doesn't exist.
      If you meant "Open Source Initiative Approved License (TM)" then you might be onto something, but that's not what's being claimed.

      Open source has a Linux centric background, but nobody can dictate what exactly it means. It is commonly accepted today to mean you can see the source.
      GNU's take on "open source"
      The original open source announcement
      http://www.debian.org/social_contract.html#guidelines>What it was based on

      It's funny it started because "free software" was too ambiguous. ROFL!

      GNU's right..

      Ambiguity
      The term "free software" has an ambiguity problem: an unintended meaning, "Software you can get for zero price," fits the term just as well as the intended meaning, "software which gives the user certain freedoms." We address this problem by publishing a more precise definition of free software, but this is not a perfect solution; it cannot completely eliminate the problem. An unambiguously correct term would be better, if it didn't have other problems.
      Unfortunately, all the alternatives in English have problems of their own. We've looked at many alternatives that people have suggested, but none is so clearly "right" that switching to it would be a good idea. Every proposed replacement for "free software" has a similar kind of semantic problem, or worse--and this includes "open source software."
      The official definition of "open source software," as published by the Open Source Initiative, is very close to our definition of free software; however, it is a little looser in some respects, and they have accepted a few licenses that we consider unacceptably restrictive of the users. 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.

      Whatever meaning the OSI meant open source to have (the Linux centric ideals) is lost.

    5. Re:quickly corrected by Mateo_LeFou · · Score: 1

      it is locked down because, as i understand it, neither you nor anyone else is *permitted (slash *licensed) to make it run on anything but Windows.

      There are *tons of actual, open source applications that only run on windows because the developers just use windows and there you go.

      But for *any of those -- b/c they are *actually open -- you're free to write up a port to any OS you want.

      --
      My turnips listen for the soft cry of your love
    6. Re:quickly corrected by Anonymous Coward · · Score: 0

      And where does CodePlex violate this?

  40. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 2, Insightful

    Publishing the code, and saying, "You may do this, only, and no more", is certainly within their rights, but it ain't open.

    I find that statement to be slightly ironic, since it's exactly how the GPL works, and most people consider that open.

    'Course, now I'm the one playing word games, since the GPL is arguably restricting what you can do to keep openness, but still, the point is that almost all open source licenses place some form of restriction on what you can do with the code.

    The difference between truly open and closed depend on what those restrictions are.

  41. Look but don't touch by CustomDesigned · · Score: 1

    "Open source" is an ambiguous term that is almost as bad as "Intellectual Property". The objection here is that the license forbids you from doing anything with the source unless you use Windows to do it. So it's "open source" only if you already use Windows and don't ever plan to use anything else.

    I can see why M$ would like that license, and it's almost comically self serving, but I have to agree that it still fits the catchall "open source" designation. It certainly isn't "Free as in Freedom" software, however.

    1. Re:Look but don't touch by MindlessAutomata · · Score: 4, Informative

      That's not even the point. When someone says "open source", what do YOU think of? Let me tell you, it's not anything Microsoft related.

    2. Re:Look but don't touch by supernova_hq · · Score: 2, Interesting

      And what's wrong with that. If you know anything about true communism, you will understand that it is actually a very sound and well thought out idea. The only reason it has always failed so horrifically badly is because of the greedy ass-hat morons that always try to implement it!

    3. Re:Look but don't touch by masterzora · · Score: 1

      I don't know about anyone else, but since the first time I heard the term "open source", I've always thought of the source being open to view. /Maybe/ open to modification, but not necessarily. Anything above and beyond is gravy until you reach Free/Libre software (initial capitalization important here).

      At some point I learned of the OSI's Open Source, but I have *never* equated it plain open source.

      --
      Remember, open source is free as in speech, not free as in bear.
    4. Re:Look but don't touch by JAlexoi · · Score: 1

      Maybe that is your problem...

    5. Re:Look but don't touch by masterzora · · Score: 1

      This is a very insightful post that contributes a lot to the discussion....

      Oh wait, no, the way around.

      Honestly, the GP asked what others thought of when they hear "open source" and I told him. I also believe my definition to be the most obvious/intuitive one or, in other words, the one that most people who don't try to research the OSI will think of. I don't see how "maybe that is my problem" at all.

      --
      Remember, open source is free as in speech, not free as in bear.
  42. Codeplex is a joke by Spy+der+Mann · · Score: 2, Interesting

    What is Codeplex really about? It's a cheap form of recruiting developers to keep supporting the Windows platform by building better programs... as long as Microsoft gets a profit from it.

    This is why using the GPLv3 is forbidden in Codeplex.

    1. Re:Codeplex is a joke by thelawal · · Score: 1

      This is why using the GPLv3 is forbidden in Codeplex.

      You, my friend, are incorrect. There is a difference in unsupported and forbidden, as proven by these: Inter.Net, restarts, openLabels. If GPL v3 were forbidden then these would not be hosted on the site at all. Of course, I know that there will probably be some counter-argument about they had to use some ad-hoc method to show the license. However, these projects' preferred license is hidden because I just searched for GNU GPL and up they popped. Even your source gives no conclusive evidence that CodePlex does not allow GPL v3 projects. His link points to a request to reinstate custom licenses on CodePlex. The blogger goes as far to use the term "so it seems".

      Also there is no requirement that a project hosted on CodePlex has to be for Windows. So where did you get you information?

      Don't get me wrong you are free to hate Microsoft, and hate on Microsoft, but please keep it to the facts please.

  43. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 3, Insightful

    A real open source license wouldn't do that

    That's your opinion. As far as I'm concerned, open source means exactly that - the source is open. People seem to be intent on tacking on a whole load of 'moral' obligations that someone has to follow to qualify to use 'open source', when nothing could be further from the truth.

    Definitely a very liberal sprinkling of "Open Source is our phrase, you can't use it" going around the comments on this article.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  44. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 5, Insightful
    I think mostly they'd like to dilute "Open Source" to mean any code with source code. This is important to them because it's the rights connected to Open Source that scare Microsoft (and others). If you can call it Open Source when there isn't even the right to compile the code, or to use the information you get from reading it, customers don't have a reason to ask for it any longer.

    Their publicity agencies are here on Slashdot pumping that angle every day.

    Bruce

  45. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    Get your timeline right. "Open source" became common *after* and *because* OSI defined it in 1998.

  46. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 4, Insightful
    By your definition, the latest feature films are "open" as well. After all, you can look at them. You can't copy them, distribute them, compile them, or anything else.

    It's the rights that are important. You're missing that entirely.

    Bruce

  47. It's similar to a trademark. by erlehmann · · Score: 1

    The protection of phrases is intended to protect from artificial distortion of the marketplace and also serves as consumer protection. However, OSI does not have a registered trademark on this phrase (probably because it is too generic).

  48. Re:open source != cross platform != no restriction by Anonymous Coward · · Score: 0

    THIS!

  49. Re:This is microsoft trying to help kill open sour by Computershack · · Score: 2

    But (if I am understanding the comments correctly), the license forbids you from porting to code to another platform. A real open source license wouldn't do that.

    Then you understand wrong and so do the tossers making the comments because the GPL allows restrictions on open source. Or are you saying the GPL isn't an open source licence?

    --
    I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
  50. Re:This is microsoft trying to help kill open sour by ConanG · · Score: 1

    Why don't they trademark it? They think they own it? Let them!

  51. not to nitpick... by spiffmastercow · · Score: 1

    ..but just because a program is open source does not mean it needs to be portable. Most open source projects are, but it's not a definitional requirement. I don't like the license scheme or the way MS handles this, but as long as the source code is given, it's technically "open source"

    1. Re:not to nitpick... by AceofSpades19 · · Score: 1

      See points 8 and 10 of the open source software definition http://www.opensource.org/docs/osd

  52. stunt? by Anonymous Coward · · Score: 0

    Miguel de Icaza caught and criticized Microsoft for doing this

    Hehe. Being a m$whore is not all rosy experience, Miguel. And many have told you before.

    ... or is it cheap stunt to create publicity? Because week later M$ can come and say "we fix it! see - we are actually good!!" adding more cheap publicity to the mix.

  53. Re:This is microsoft trying to help kill open sour by sohp · · Score: 1

    Also to muddle the meaning of "open source" to the point where people start to believe it means what Microsoft says it means.

  54. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 3, Insightful

    By your definition, the latest feature films are "open" as well. After all, you can look at them. You can't copy them, distribute them, compile them, or anything else.

    C'mon, we both know you're cleverer than this. We're talking about the definition of 'open source', not open in general and certainly not Software Freedom or copyright of any kind, which is what the article would like us to get incensed about.

    I respect you and your work Bruce, but I'm going to have to disagree with you completely here - I'm not missing a damn thing, and I believe you're getting yourself lost in a moral definition of a very simple English phrase - the source is open and it therefore is 'open source'. One of the plus points of open source as I'm led to understand is that others can review the code to increase trust in that code, many eyes and all that. This is possible with the license as given and as such provides at the benefits that open code can provide. I agree that it doesn't follow the FSF-approved definitions of Free Software or "software libre" but that's not what this is about in the slightest.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  55. Viral Software back at ya by PPH · · Score: 1

    Perhaps this is an attempt to trick developers not paying close attention into download some Ms-LPL source and include it in their project. Later, when some code snippets show up ported to another platform, Microsoft can cry foul.

    Many years ago, our legal department advised us _not_ to touch Microsoft tools, products, or platforms. Or some tangled web of licensing restrictions could come back to bite us.

    --
    Have gnu, will travel.
  56. Re:This is microsoft trying to help kill open sour by Timothy+Brownawell · · Score: 0, Flamebait

    There was no "open source", capitals or not, regarding software until the Open Source Definition. If you look through past material, you can only find a few uses of the words together regarding software at all, with no consistent meaning.

    There's also no term that I'm aware of for "water that is wet", simply because "water that isn't wet" hasn't really been invented yet. Maybe someone will invent the term "wet water" once we figure out how to make "dry water", and we can all credit them with the existence of wetness...

  57. And You're Surprised... by Nom+du+Keyboard · · Score: 1

    And you're surprised by this...why?

    In the Microsoft-centric worldview there are no other operating systems. Yeah, shove OS-X or Linux in their faces and they'll ruefully admit to the obvious truth and promise corrections as soon as they get approval and work their way through the system.

    Expect Microsoft to try this, get caught, hang their heads, and try a few more times until Version 3 mostly gets it right.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  58. Re:This is microsoft trying to help kill open sour by SnEptUne · · Score: 1

    Yes, word game it is.

    If the word empty means the lack of something, that lack of something by itself is something, so emptiness is a something. So when one can say a full glass of water is empty, because it is empty of air!

    Freedom means restricting/compromising certain rights so that people can live freely. By the same definition, totalitarian is freedom, because the dictator is free to do whatever he/she wants.

    Open source means restricting the ability to abuse copyright to make software closed. Thus, all license with restrictions are open sourced because they are also restricting something... Hmm... actually, that makes no sense.

  59. Common phrase? by gorfie · · Score: 1

    This may not be a popular view here but it seems to me that the phrase "open source" has taken on a highly generic meaning within the tech community. Some feel that specific criteria must be met to label something as open source while others throw the term around for anything where the source code is "available". Sure - it might be wrong. But much like the improper use of kleenex and coke, open source may fall in the same boat.

  60. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 2, Interesting

    Timothy, you can do better than this. Some of the qualities of molecules, such as surface tension and the polarity of atomic dipoles, govern the ability of water to wet various materials. Chemicals, for example detergents, have been developed to modulate the wetting ability of water. And there are few more enthusiasticaly trademarked products than detergents.

  61. Re:This is microsoft trying to help kill open sour by Caesar+Tjalbo · · Score: 0

    Isn't GPL stuff 'free' rather than 'open'? Sure, most people consider that something else but that's why we should refer to Linux as GNU/Linux.

    --
    "I'm not much interested in interoperability. I want substitutability. I want to be able to throw your software out."
  62. Re:This is microsoft trying to help kill open sour by Timothy+Brownawell · · Score: 1

    I thought those only made it more wet?

  63. Re:This is microsoft trying to help kill open sour by xanadu-xtroot.com · · Score: 2, Insightful

    Perhaps you're confusing Open Source with Cross Platform.

    And for it to be made into a Cross Platform code tree, the source would have to be completely open which is not how Microsoft is publishing this stuff. Just because the code is (supposedly) available , doesn't make it open . There's a big difference there.

    --
    I'm not a prophet or a stone-age man,
    I'm just a mortal with potential of a super man.
  64. Re:This is microsoft trying to help kill open sour by Ragzouken · · Score: 2, Interesting

    Public source means the source code is publicly available. Open source means that you can take that source and do whatever you want with it.

  65. "You Knew I Was a Snake" by Bob9113 · · Score: 1

    A woman comes home one day in the dead of winter, and there's a snake on her front porch. She jumps, startled, but then the snake speaks. "Please help me, I am freezing to death," says the snake. "But you're a snake, you'll bit me," says the woman. "No no, please, I promise, I am dying - if you take me inside and let me warm myself by the fire I will live, and I will owe you my life. I would never bite you," replies the snake. So the woman lets the snake in, the snake warms itself by the fire, then slithers over and bites the woman. "You've poisoned me! Why did you do that?!? I saved your life!" screams the woman. "Yeah, but I'm a snake," replies the snake.

    The strange thing here is not Microsoft failing to be altruistic. It is Miguel's stunning credulity.

    You are a hero of Open Source, Miguel, and a heckuva project leader. I have a lot of respect for you. But you have a lot to learn about reading people.

  66. You are missing a damn thing by Anonymous Coward · · Score: 3, Insightful

    Windows is a very simple phrase. Trademarked.

    Apple? TM

    "Start me up"? That was restricted with Win95.

    etc.

    And Open Source MEANS something. The use of words to mislead a customer is why trademarks were invented.

    If you bought a Sony product and found out it was a Latvian company called Sony making your LCD TV, that would be wrong. Not because they didn't sell you a Sony TV but that you thought the Sony was a particular company.

    Same here.

    Open Source defined by OSI in computer markets.

    1. Re:You are missing a damn thing by recoiledsnake · · Score: 2, Insightful

      Windows was allowed to be trademarked because it referred to a OS, not the thing that a basement does not have. Similarly Apple does not and cannot be a brand of fruits. Microsoft claims it is 'open source' not Open Source(a trademark attempt by OSI was refused). So you're dead wrong.

      --
      This space for rent.
  67. Re:This is microsoft trying to help kill open sour by TheLink · · Score: 1

    Water that isn't wet is called really cold ice.

    --
  68. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 2, Informative

    Go here and search for "wet". It's already trademarked :-) . There are also a very large number of trademarks containing or related to "wet".

  69. So is Windows by Anonymous Coward · · Score: 0

    And Lindows is nothing like Windows.

    MS still hounded them from one court to another until they got the agreement that Lindows were misusing MS's trade mark.

    So the OSI could do exactly the same.

    I think damages of the order of $100M is in order...

  70. Re:This is microsoft trying to help kill open sour by Timothy+Brownawell · · Score: 1

    Water that isn't wet is called really cold ice.

    Hmm... looks like there are also kinds of ice that don't float. Weird.

  71. Embrace, Extend, Extinguish by Anthony_Cargile · · Score: 1

    So the pattern continues...

  72. like anyone would want to use the crap? by Anonymous Coward · · Score: 0

    The people who buy in to this are the victims, no one else.

  73. Re:This is microsoft trying to help kill open sour by Hognoxious · · Score: 1

    Is the primary purpose of movies to be compiled into an executable program? I think your analogy is broken.

    Usually comparisons with cars go down much better. New here?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  74. Re:This is microsoft trying to help kill open sour by msuarezalvarez · · Score: 1

    One of the plus points of open source as I'm led to understand is that others can review the code to increase trust in that code, many eyes and all that.

    That's one of the many pluses, and the problem is that most other pluses disappear at once at the moment you change the licensing to something like "you can look at this but you can't do X" for various values of X.

  75. Re:This is microsoft trying to help kill open sour by thePowerOfGrayskull · · Score: 1
    When something is Open Source (note the capitals), it has a very specific meaning that goes beyond "is the source available openly".

    Hmm. I wonder if it would be possible for FSF to get a trademark on "Open Source"? That might put an end to the word games...

  76. Like Organic Farmers by dcollins · · Score: 2, Insightful

    This is, unfortunately, a prelude or realization that Microsoft can embrace/extend/extinguish the _meaning of the phrase_ "open source" just as well as it can anything else.

    Sadly, the exact same thing happened to all the "organic farmers". Big companies started slapping "organic" on all their products because it would sell, irrespective of any meaning behind the words.

    The only defense would have been to trademark "organic" / "open source" and have it be held by some public committee, but it's too late now.

    --
    We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    1. Re:Like Organic Farmers by Anonymous Coward · · Score: 0

      The real defense would be to teach people about what it is before using a dumb generic word....
      Like create a label with a NON GENERIC name and explain what it does.
      But Stallman was too dumb for that, and decided to impose HIS view of the world....
      Too bad now microsoft does the same and you all whine like babies...
      open source != gpl, deal with it...
      when people says something is open source, I only want to assume two things: I can compile it and have the same binaries that was given. Not that I am authorized to modify it, distribute it or except to do anything else with it.
      And that only is way enough for a client.
      Abilities to proof the software provider is faulty, enough to not be locked with the data, enough to make a choice between two providers.

    2. Re:Like Organic Farmers by AnyoneEB · · Score: 1

      In the US, at least, labeling food as organic requires that it meets the US's organic certification requirements. Wikipedia suggests that other countries have similar laws. I am not well-versed in the issue, so perhaps you disagree with the requirements for marking food as "organic".

      On the other hand, the term "open source" is not legally regulated and not trademarked. However, it is commonly understood to refer to software covered by a license meeting The Open Source Definition.

      --
      Centralization breaks the internet.
    3. Re:Like Organic Farmers by tkinnun0 · · Score: 1

      it is commonly understood to refer to software covered by a license meeting The Open Source Definition.

      Commonly? What percentage of common man do you think would be able to define Open Source thusly?

    4. Re:Like Organic Farmers by jimicus · · Score: 2, Informative

      Certainly the UK gives legal backing to the word "organic".

      But it's important to note that the word "organic" does not mean "not produced in factory farming conditions". There's no reason in principle why you couldn't keep chickens in the same cramped, dark houses they're normally kept, change their food so it didn't contain growth hormones, antibiotics or any of that crap and call it "organic".

      (Your chickens probably wouldn't last long enough to make it to the supermarket because in those kind of conditions, the antibiotics are the only thing keeping disease from spreading like fire, but the sickly half-dead chickens handed over to Tesco's would still be organic!)

    5. Re:Like Organic Farmers by TeacherOfHeroes · · Score: 1

      I'm a big FLOSS fan, and I think that MS is being pretty underhanded here, but the problem here is that, like "open source", "organic" has a pretty vague meaning in general.

      Here's another valid definition of "Organic":

      Of or pertaining to compounds which are
        derivatives of hydrocarbons; pertaining to, or denoting,
        any one of a large series of carbon-containing compounds
        which are related to the carbon compounds produced by
        biological processes (such as methane, oils, fats, sugars,
        alcohols, ethers, proteins, etc.) and include many
        substances of artificial production which may or may not
        occur in animals or plants; -- contrasted with
        inorganic.
        [1913 Webster +PJC]

      "Organic" is being used to imply a kind of purity of origin, but that is hardly its only meaning. Organic chemistry, for example, is probably using a definition of organic that is closer to the one above than the one used to label packages of spinach.

      In the same way, "Open Source" has the implication of Free/Libre software in it, but it is never explicitly stated. When someone else starts using another valid interpretation of the phrase, they may be sneaky and unscrupulous, but IMHO, its really the fault of the original promoter for not choosing a better label. They should have seen it coming.

    6. Re:Like Organic Farmers by AnyoneEB · · Score: 1

      Ah, I think that qualifies as the requirements for "organic" being badly written.

      --
      Centralization breaks the internet.
    7. Re:Like Organic Farmers by JAlexoi · · Score: 1

      Commonly Maxwell's equations are not known to everyone, and commonly a lot of laws are not known, this does not make the laws defunct nor does this fact make the meaning of the expression "Maxwell's equations" undefined.

  77. trying to re-brand by Anonymous Coward · · Score: 0

    the concept of 'open source'

    just like what they did to 'computer'

    do u know that 'computer' was once a job title which employs mathematicians?

    'computer' was once human

  78. Re:This is microsoft trying to help kill open sour by thePowerOfGrayskull · · Score: 1

    I posted this elsewhere in the thread, but then I saw your name pop up, and figured it'd be the best place to ask ;) What about trademarking the term "Open Source"? Combined with a liberal license (ie, free usage to anyone who releases software under a recognized Open Source license), wouldn't that put an end to the word games?

  79. so what by Bizzeh · · Score: 0

    just because a product is only available on windows, doesnt make it open source?

  80. New MS business model by T3Tech · · Score: 1

    1) create new "open source" license restricted to use on windows only
    2) release software under this license
    3) wait for some piece of the code to show up in software on some other OS.
    4) sue for copyright violation
    5) PROFIT!!
    For bonus points:
    ?) optionally include other open source licensed code in the software
    ?) sue the author of the other open source code for violating the MS license by continuing to use code that has been re-released under the MS "open source" license.
    ?) PROFIT!!!

    --
    Of course I didn't RTFA... why would I do that? You really are new here aren't you? Don't let my UID fool you.
  81. Windows-only software is not 'free' by FSF by toby · · Score: 1

    It is against the FSF definition of free software:

    The freedom to run the program means the freedom for any kind of person or organization to use it on any kind of computer system, for any kind of overall job and purpose, without being required to communicate about it with the developer or any other specific entity.

    (emphasis mine)

    It is obviously also against the spirit of the GPL, although the letter of the GPL does not require portability. The FAQ does contain the obvious warning against writing software which runs only (is "trapped") on a particular proprietary system.

    --
    you had me at #!
  82. Not if its GPL3 by Anonymous Coward · · Score: 0

    So not any license you want.

    Please try again.

    1. Re:Not if its GPL3 by I'm+Don+Giovanni · · Score: 1

      Even if that were true (which I doubt), CodePlex allows many many licenses, OSI approved and non-OSI approved. And I know that there are GPL2 projects there.

      I can understand why Microsoft wouldn't want to host GPL3 projects, considering that GPL3 contains clauses that were written specifically to attack Microsoft and Novell (it also contains clauses meant to attack Tivo). Why would Microsoft want to host projects under anti-Microsoft licenses? Anyway, I see no proof that CodePlex doesn't allow GPL3.

      --
      -- "I never gave these stories much credence." - HAL 9000
    2. Re:Not if its GPL3 by thelawal · · Score: 1

      I can understand why Microsoft wouldn't want to host GPL3 projects, considering that GPL3 contains clauses that were written specifically to attack Microsoft and Novell (it also contains clauses meant to attack Tivo). Why would Microsoft want to host projects under anti-Microsoft licenses? Anyway, I see no proof that CodePlex doesn't allow GPL3.

      So the GPL v3 is not an open source license, right according to bullets 10, as use of the license is predicated by the condition that the platform does not verify that the source code is valid.

      Of course, I could be wrong and the GPL v3 can be used on such hardware platforms.

  83. Open Source != Free by DaveV1.0 · · Score: 0, Troll

    There is literally nothing to see here.

    A software project being open source does not automatically mean that software is free, either as beer or as speech.

    Either you people have forgotten that, or you are just changing the meanings of your words.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:Open Source != Free by DaveV1.0 · · Score: 1

      Ok, someone explain to me how stating the obvious truth, a truth that has been told to me by FLOSS advocates such as the FSF, is trolling.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  84. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 5, Insightful
    One of the plus points of open source as I'm led to understand is that others can review the code to increase trust in that code, many eyes and all that.

    We need more than you think for something to be open even by your over-restrictive definition of "open". Consider that the report on the security of Sequoia voting machines has been supressed by the court. In that case, the software was trade secret and all rights reserved. But what if it had been source code that was disclosed but still "all rights reserved"? Since that prohibits compilation and use, it would be difficult for security testers to legally do their work at all. Since it prevents derivative works and redistribution, we'd be unable to include code snippets in any report. We would be legally unable to modify the software for the purpose of testing bug fixes. And we'd be unable to distribute fixes.

    The rights are a lot more important than you think. Even to have a kind of code that is disclosed mainly for the purpose of increasing trust, we'd have to design a license to convey significant rights, if the examiners were not to be placed at legal risk.

    Bruce

  85. AFAICT, you are right by toby · · Score: 1

    The GPL does not put restrictions on porting or portability (I just went to re-read it).

    But what MS is doing is obviously against the spirit of what free and open source software stands for (surprise, surprise).

    To be free as software users and developers, we need Windows out of the ecosystem, or at most, an optional part of it. Microsoft's agenda is explicitly, self-evidently to make Windows a mandatory part of the computing experience.

    --
    you had me at #!
    1. Re:AFAICT, you are right by Bruce+Perens · · Score: 1

      Just to make sure you understand this: the GPL PROHIBITS restrictions on porting or portability. You can't have GPL software that is legally prohibited from being ported off Windows. You can have GPL software that only runs on Windows until someone does the work to port it.

  86. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 3, Informative

    where I worked on making movies they were compiled.

  87. Re:This is microsoft trying to help kill open sour by seidojohn · · Score: 2, Insightful

    Isn't this pretty much why RMS argues against using the phrase "open source"?

    IIRC, his point was basically that "free software" allows you to study, modify, and use the software. Open source, on the other hand, means just that; the source is there for you to look at, but different licenses have different restrictions on the use and modification of the code.

    In RMS's own words: http://www.gnu.org/philosophy/open-source-misses-the-point.html

    OSI's definition of Open Source: http://opensource.org/docs/osd

  88. Criticising Microsoft in this way is nit-picking by golodh · · Score: 0, Troll
    Criticism that Microsoft is mistakenly touts Windows-only projects as Open Source is pure nit-picking.

    Just consider: Microsoft can obtain all Windows source code, Microsoft is licensed to modify Windows source code, and Microsoft is empowered to impose any condition it likes on subsequent users (if any) of the Windows source code. So from Microsoft's point of view, Open Source is as good a moniker for Windows-only software as any. It's just a question of hacking the definition of "Open Source" a bit.

    Of course you always have intolerant extremists who feel that only their own views on Open Source should be considered, but Microsoft makes a pretty good case for their own definition of Open Source.

    So why not open the "Open Source" trademark so that anyone can use it? Everyone can see that it's hypocritical to demand free software and then insist on closed trademarks. There clearly is a demand for opening the Open Source trademark!

  89. Re:This is microsoft trying to help kill open sour by w000t · · Score: 1

    You're right, his example doesn't (directly) address open source... of course it wasn't supposed to. The point is that by your definition those films would qualify as "open" ("open films" if you will). You see, there's this thing called "analogy" an in this case it's been used to illustrate the idiocy of your point.

    And this has nothing to do with morals, so don't try make it something it's not. Words (or terms) do not mean whatever anyone wants them to mean. Their meaning must be implicitly shared between those using it, and your definition of "open" just doesn't make the cut. It's also kind of funny (or lame) to imply that "the others" are the ones trying to subvert the meaning of "a very simple English phrase", when your characterization of open source should be described as "visible source".

    "the source is open and it therefore is 'open source'

    I don't think you understand how arguing works. You can't take your thesis and use it as a premise to prove it. "a -> a" might be true, but that doesn't prove "a" to be true. You're right however in that the license allows some of the benefits of open source and nobody is denying that. It just happens to fail some of the other prerequisites to call it "open source" so, just as you wouldn't call a dog a feline because it has 4 legs and a tail, you shouldn't call MS-LPL open source (*).

    (*) Just to be clear (as you seem to have troubles with analogies) I'm not calling MS-LPL a cat.

  90. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 3, Interesting

    My point was really that "open source" already conveys something far more simple than what you want people to read into it, and it's the simple definition that Microsoft are very obviously meeting.

    Even with your more complex definition for the purposes of the OSI, the MS-LPL only fails on one count of 10, which is regarding being technology-neutral. We could further argue on how important to the issue that is but I think we'd be digressing even further from what I'm trying to say.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  91. You can choose any license... by RegularFry · · Score: 1

    ...as long as it's black. There are a few licenses that you can't have on Codeplex (like GPLv3, for instance, although GPLv2 is allowed).

    Also:

    'Open Source'(which seems to be hijacked by the OSI as a trademark?)

    It's not trademarked, but they did define it.

    --
    Reality is the ultimate Rorschach.
    1. Re:You can choose any license... by thelawal · · Score: 1

      ...as long as it's black. There are a few licenses that you can't have on Codeplex (like GPLv3, for instance, although GPLv2 is allowed).

      Also:

      Could you show me where it plainly states that the GPL v3 is not allowed for projects hosted on CodePlex? Last I checked there were projects that were licensed under the GPL versions 2 - 3.

      'Open Source'(which seems to be hijacked by the OSI as a trademark?)

      It's not trademarked, but they did define it.

      You are correct "open source" is not a trademark but is suppose to be a standard. If you check out the history of the OSI, you wil find that the OSD is intended to define a standard by which to judge a projects openness.

    2. Re:You can choose any license... by RegularFry · · Score: 1

      Could you show me where it plainly states that the GPL v3 is not allowed for projects hosted on CodePlex?

      From the Codeplex use agreement when you sign up to create a new project:

      You must select one of the listed licenses to govern your Project ("Project License"). The license You select (the "Project License") will appear in the license text box of your Project...in the event another license, or other terms or conditions, appear on, in or are otherwise referenced in your project, you agree that the Project License will control your Project.

      You don't get to see the list of acceptable licenses until after you sign up for a project, but when you do, the list is as follows:

      • Apache License 2.0
      • Common Development and Distribution License (CDDL)
      • Eclipse Public License (EPL)
      • GNU General Public License (GPL) v2
      • GNU Library General Public License (LGPL)
      • Microsoft Public License (Ms-PL)
      • Microsoft Reciprocal License (Ms-RL)
      • Mozilla Public License 1.1 (MPL)
      • New BSD License
      • The MIT License

      I don't see the GPLv3 in that list.

      You are correct "open source" is not a trademark but is suppose to be a standard. If you check out the history of the OSI, you wil find that the OSD is intended to define a standard by which to judge a projects openness.

      That's precisely my point.

      --
      Reality is the ultimate Rorschach.
    3. Re:You can choose any license... by thelawal · · Score: 1

      Could you show me where it plainly states that the GPL v3 is not allowed for projects hosted on CodePlex?

      From the Codeplex use agreement when you sign up to create a new project:

      You must select one of the listed licenses to govern your Project ("Project License"). The license You select (the "Project License") will appear in the license text box of your Project...in the event another license, or other terms or conditions, appear on, in or are otherwise referenced in your project, you agree that the Project License will control your Project.

      You don't get to see the list of acceptable licenses until after you sign up for a project, but when you do, the list is as follows:

      So you do agree that you are wrong. In the use agreement they do not expressly say that you cannot release your code under the GPL v3. I can even prove that they do allow projects under the GPL v3, where you have only proved yourself wrong.

      Go ahead and search for GNU GPL on CodePlex. Or better yet search for restarts, Inter.NET, or openLabel while you are proving yourself wrong.

    4. Re:You can choose any license... by RegularFry · · Score: 1

      Sorry, what part of this is difficult for you? They say "You may pick one of these licenses." GPLv3 is not one of those licenses. Ergo, you may not pick the GPLv3.

      It does not matter that Inter.NET and openLabel think they've released under GPLv3. Let me quote again from the use agreement, in case you missed it:

      in the event another license, or other terms or conditions, appear on, in or are otherwise referenced in your project, you agree that the Project License will control your Project.

      They have agreed to be bound by the GPLv2 as far as Microsoft are concerned.

      --
      Reality is the ultimate Rorschach.
  92. Associative-semantic marketing works! by fugue · · Score: 1

    Politicians and other marketing people have been trying to create associations between "happy words" and their products for aeons. "Patriot Act" invokes some fucked-up association between "Patriot" and "good" (why? As someone else here is fond of pointing out, 'patriot' is almost a synonym for 'racist'). At least this suggests that "Open Source" is now a "happy word"!

    Isn't that why trademarks were invented? It would not be unreasonable to trademark "Open Source" and then have a legal team (of volunteers, obviously) going around making trouble for Microsoft etc. Payment in prestige, as usual. However, I believe that Bruce Perens already tried this on behalf of the OSI, and for some reason or other it didn't work out.

    Remember William Della Croce Jr? You'd better never forget that valuable lesson.

    --
    "The biggest problem with communication is the illusion that it has taken place."
  93. Re:This is microsoft trying to help kill open sour by mrsteveman1 · · Score: 1

    Exactly.

  94. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    This is most likely a first post on Slashdot.

  95. Re:This is microsoft trying to help kill open sour by Malevolyn · · Score: 1

    The only obvious solution is to port Ms-LPL licensed source code to Linux and OS X, then create a new list in the spirit of the Sue Me First list from a while back, then just see how Microsoft responds. As trollish as this post sounds, I really do think it would be an interesting experiment.

    Who wants to volunteer to port all the StdAfx.h/.cpp files? Anyone? ....Anyone...? No one. =(

    --
    Your ad here.
  96. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    My point was that the analogy wasn't a very good one because people put wildly different expectations on software and movies, but thank you for the copious amount of insults and the assumption that I didn't know what I was talking about. Incidentally, I did enjoy your amusing lecture on how words "do not mean whatever anyone wants them to mean" before you moved on to defining various words for me. It's almost as if you were trying to say "open doesn't mean what you want it to mean, it means what I want it to mean".

    What is it with people today - seems like a Slashdot competition to be World's Most Arrogant Jackass.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  97. Re:This is microsoft trying to help kill open sour by Hal_Porter · · Score: 2, Insightful

    Open Source is what is defined by the Open Source Definition.

    A number of microsoft dweebs and/or campaigners would like to have it otherwise. But then Microsoft would like to have a lot of things. It's called corporate totalitarianism.

    Bruce

    Unlike the totalitarianism of redefining the meaning of common words like 'free' and 'open' and then insisting everyone else use your definition.

    Open source means the source is publically available. Like Paint.net.

    --
    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;
  98. Re:This is microsoft trying to help kill open sour by Blakey+Rat · · Score: 0, Flamebait

    Their publicity agencies are here on Slashdot pumping that angle every day.

    Proof? Citation Needed?

    Me being sick of people spreading utter bullshit like this and assuming everybody reading Slashdot is so stupid that they'll bend over and take it?

  99. Re:This is microsoft trying to help kill open sour by nabsltd · · Score: 1

    Since it prevents derivative works and redistribution, we'd be unable to include code snippets in any report. We would be legally unable to modify the software for the purpose of testing bug fixes.

    I hope that you actually understand copyright better than you appear to with this statement.

    If you make the source code of "open source" software available, it is no different from publishing it as a book. In the case of a book, you get the "source code" by obtaining a copy the book (either by purchasing, borrowing, etc.). How you obtain the source to the software is unimportant as long as you obtained the copy legally, and even that might be a gray area.

    After that, normal copyright law—including fair use—applies. So, you most certainly can publish code snippets in a report, because a report would be considered a review or criticism. It's important to understand that "licenses" on freely available source code can't remove rights that are available for normal copyright...they can only increase the end user rights. Most often, this increase is giving someone who does not hold the copyright a license for distribution, sometimes with some restrictions on that distribution.

    Although some of this might not apply if obtaining the source required signing some sort of restrictive personalized contract (as opposed to being able to download it anonymously), something quite literally freely available to anyone would certainly allow normal fair use, regardless of any "license" to the contrary. This would include re-compiling to test bug fixes.

    Despite any "license", copyright allows people to do pretty much anything with a copyrighted work for their own personal use. Now, whether you could publish your "derivative work" that is the bug fix...that's another story. But, you almost certainly could publish just the fix as "criticism" as part of fair use. You certainly might get sued for this, but then you might get sued for chewing gum and walking at the same time.

  100. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 4, Informative

    Even with your more complex definition for the purposes of the OSI, the MS-LPL only fails on one count of 10, which is regarding being technology-neutral.

    As if that one count of 10 wasn't important.

    At one point or another, my main coding platform was an Apple II, Commodore Vic-20, Commodore 64, PDP-11, VAX, Sun, SGI, PC Clone, and I've had a number of secondary coding platforms, including CHAP (something Pixar made), 6809, PIC, AVR, and so on. And all of the various operating systems for those things.

    Any code that I have been given with platform restrictions, during that entire time, for various employers, is dead code today. No users, probably can't even be built if someone could find it, and I can't use it either.

    In contrast, essentially all of the work I've done under an Open Source license is still living and has a vibrant user community.

    You really need to think about this rights thing more.

    Bruce

  101. Re:This is microsoft trying to help kill open sour by node+3 · · Score: 1

    That's your opinion. As far as I'm concerned, open source means exactly that - the source is open.

    That doesn't define anything. You just restated the words in a different order.

    Open Source doesn't require that the source be ported to alternate systems, but it absolutely does require the legal right to do so. That's a side-effect of "the source is open". If you disallow the right to port, the source isn't open.

    Definitely a very liberal sprinkling of "Open Source is our phrase, you can't use it" going around the comments on this article.

    Open Source is our phrase. Anyone can use it, but if they use it wrong, it's definitely reasonable that we should step up and point this out. Which is exactly what you said we are doing. Why do you state it like it's a wrong thing to do?

  102. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 4, Insightful

    There is no affirmative fair use right in copyright law. Go look for it in the copyright title, it's not there. Fair use is a defense in copyright case law. And it has been substantially eroded, and continues to be. If we're talking about books, a number of software manuals place substantial restrictions on the use of the information in their licenses. For example, the Java manuals from Sun restrict use of the knowledge to create an incompatible implementation. There is some dispute regarding whether these things can be enforced, but not enough.

  103. Re:haha by TwistedSymmetry · · Score: 1

    Irrelevant first posts are selfish and spoil things for everyone.

    But you think other kinds of irrelevant posts are just fine, huh?

  104. Re:This is microsoft trying to help kill open sour by Vexorian · · Score: 1

    As far as I'm concerned, open source means exactly that - the source is open

    Well, just point me how something that can only be legally used in windows is 'open' in any way.

    There's the OSI, and nope you cannot use 'open source' as a hype exploiting advertisement yet not really follow it.

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  105. Re:This is microsoft trying to help kill open sour by tkinnun0 · · Score: 1

    By your definition, the latest feature films are "open" as well.

    Yes, just like I would say that a new restaurant is now open for the public. As opposed to e.g. Scientology's videos and teachings, which are not open for the public but are distributed regardless.

    I think Open Source Movement is doing itself a disservice by trying to usurp the definitions of very common words like open and free with esoteric and counterintuitive meanings.

  106. It's all part of the game of doing business by jimpop · · Score: 1

    Microsoft *has* to do this in order to be able to show wall st and stockholders that there are an increasing number of projects on it's "Open Source" site. Lack of upward movement would tend to cause (the normally ill-informed) investors to question their commitment to "Open Source". "Blah..." "Hey look, we have an ever increasing number of Open Source projects..." "Blah."

  107. Re:This is microsoft trying to help kill open sour by node+3 · · Score: 1

    I respect you and your work Bruce, but I'm going to have to disagree with you completely here

    Yeah, it's not like he helped define the term or anything.

    I'm not missing a damn thing, and I believe you're getting yourself lost in a moral definition of a very simple English phrase - the source is open and it therefore is 'open source'.

    Yes, you are. You are missing a lot.

    Open Source means the source is:
    - Freely Open to Viewing
    - Freely Open to Copying
    - Freely Open to Modification
    - Freely Open to Compiling
    - Freely Open to Redistribution

    Just because software is freely open to viewing is insufficient to make it open source. Morality has nothing to do with the definition, other than it was borne from a sense of morality. But the term itself is morally neutral. You're thinking of that other guy.

    Open source is not just two English words crammed together. It's a term in and of itself. It has a meaning that is widely understood and accepted in the field. It takes a lot of influence to redefine a term so well-ensconced. Not even MS has enough influence to redefine Open Source. They tried (perhaps), but they failed.

    What makes you think that you're going to succeed where MS failed?

  108. Oversimplification by SgtChaireBourne · · Score: 1

    ...So open source != Linux, instead Linux is a subset of open source.

    If you need a simplification that's more accurate, consider that it's M$ vs (closed source + open source).

    M$ boosters have been working to try to conflate Linux and Open Source. Another goal has been to try to create a false dichotomy of choosing between Linux and M$. The choice is greater. You've got all kinds of Open Source, which Linux (both the kernel and the distros) are a part of. Unfortunately in areas with too much damage from Microsoftianism, the term "Linux" is used to mean any thing that is not M$

    However, the name Open Source, with it's 10 criteria, is from the Open Source Initiative. Free Software, as a name, is older, having turned 25. (BTW WTF is up with /. to have missed that? Too many M$ boosters on staff?) Prior to that, it was simply called "software". It was self-evident that you got the source for use and modification and redistribution. Usually accompanied by some text file called README or COPYING giving the details.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  109. Re:This is microsoft trying to help kill open sour by jimicus · · Score: 1

    That's your opinion. As far as I'm concerned, open source means exactly that - the source is open. People seem to be intent on tacking on a whole load of 'moral' obligations that someone has to follow to qualify to use 'open source', when nothing could be further from the truth.

    Have you RTFA? It doesn't refer to hosting products which for technical reasons can only run on Windows, nobody's bothered porting them to anything else and it may or may not be feasible.

    It refers to products having a license agreement which says "Do what you like but you may only use it on Windows".

    This is definitely against the spirit of Open Source, even if not the letter.

  110. Sourceforge is guilty too, then by Anonymous Coward · · Score: 0

    There are plenty of projects on Sourceforge that use non-OSI licenses. Is Sourceforge no longer able to call it self an "open source" depository?

    Besides that, "open source" does NOT equal "OSI approved". I don't know where that idea came from.

  111. Re-defining the word? by Jane+Q.+Public · · Score: 0

    No, "open source" is not a phrase that can mean anything you want it to. It has a well-established, specific meaning to the computing community.

    It is a free country, and you can use the word improperly if you wish, but you will end up looking like a fool if you do.

  112. EXACTLY! by Jane+Q.+Public · · Score: 1

    Why should anybody be surprised by Microsoft behaving in the same ways it always has? They have pledged to change, but they have not been demonstrating real change. Yet. And they may not... because that promise, and failure to live up to it, are also things they have done before, many times.

  113. Re:This is microsoft trying to help kill open sour by tkinnun0 · · Score: 1

    Open Source is what is defined by the Open Source Definition.

    I'm sorry, but the definition of words keeps changing with use. For example, would you say that Open Source leads to Gay Software?

  114. Rights? by Anonymous Coward · · Score: 0

    "The rights are a lot more important than you think."

    Then perhaps you and others should use the term 'Free software' or 'Freedom software' more in your vocabulary if you're really all that interested in users' 'rights'.

  115. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    Oh, boy, like GPL is so open. GPL is open with strings.

  116. Re:This is microsoft trying to help kill open sour by hobbit · · Score: 1

    As far as I'm concerned, open source means exactly that - the source is open.

    Good for you. I suppose you think that a hot dog is a canine at a higher than normal temperature too.

    Language does not work the way you claim it does.

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  117. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 1

    Then why did the attempt to trademark the term 'Open Source' fail? Because of the so called 'dweebs' and 'corporate totalitarianism'?

    --
    This space for rent.
  118. Re:This is microsoft trying to help kill open sour by ILongForDarkness · · Score: 1
    Well the source is still available so I think it is still open source. It all depends on how much freedom you want, some poeple don't like GPL and prefer BSD because it gives even more freedom, but most will consider both to be forms of open source. This is an even more restrictive form of open source but it still is open. Keep in mind too that a lot of open source projects are Linux or at least *NIX only. Not by license but by low level system dependancies and the developers biases, or possibly lack of access to Mac or Windows machines. Usually the licenses leave you free to port it if you want which I suppose is okay.

    Any sort of public availablity is good, this is just less good than the ideal. I think this is a good balance though for a company, as they have an agenda: increase the power and appeal of the product they sell. They have an ethical obligation to their shareholders to try to make money for them. Some companies have gone too far to open source IMHO. For example Sun, almost every product you could have bought from them is now available in an open source version. Great for the customer; my work uses a lot of Sun infrastructure, but I'm not convinced it is great for the company, as can be demonstrated by their stock performance (which is at its low and has been roughly flat since the .com bubble).

  119. Re:This is microsoft trying to help kill open sour by arktemplar · · Score: 1

    I know I will burn karma for this - Open Source means that the source code is open. The fact that there are many licenses available such as the BSD one, the GNU one the MIT one and others means that there is no one agreed upon definition of what all it must encompass.

    Any way point being - let them do what they are as long as they aren't imposing it on you. If they are forcing you to do something against your will - leave it.

    --
    blog plug -> The Darker Side of Light
  120. "Open Source" vs "open source". by I'm+Don+Giovanni · · Score: 1

    "This is definitely against the spirit of Open Source, even if not the letter."

    I note that you capitalized "Open Source", which indicates that you are referring to a specific definition of the term (I assume the OSI definition). But the CodePlex site says, "CodePlex is Microsoft's open source project hosting web site", where "open source" is not capitalized. So they're using the term "open source" colloquially, rather than going by some official definition. Does OSI or slashdot or Bruce Perens or ESR or Miguel de Icaza, or jimicus or whoever else now presume to have the power to restrict the use of the term "open source" even when not capitalized? Who the hell gave any of them that power?

    --
    -- "I never gave these stories much credence." - HAL 9000
  121. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    Nor does it work the way that you seem to think it does.

    I suppose you think that a hot dog is a canine at a higher than normal temperature too.

    I suppose you think that hot dogs have always been called hot dogs - there was no intervening period while the phrase gained acceptance, it was literally just a mental switch-flip and everyone was calling them hotdogs.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  122. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 1
    Why the fuck is everyone, and especially you getting fucking confused and trying to confuse everyone over the term 'open source' and 'Open Source'? Can you see he DID NOT capitalize it but you did in your post? Do we have to buy everyone reading glasses to show that you're talking about two different things? Microsoft doesn't claim anything is 'Open Source'. From CodePlex

    About CodePlex CodePlex is Microsoft's open source project hosting web site. Start a new project, join an existing one, or download software created by the community. More About CodePlex... Microsoft does not control, review, revise, endorse or distribute the third party projects on this site. Microsoft is hosting the CodePlex site solely as a web storage site as a service to the developer community.

    You wrote:

    Open Source is our phrase. Anyone can use it, but if they use it wrong, it's definitely reasonable that we should step up and point this out. Which is exactly what you said we are doing. Why do you state it like it's a wrong thing to do?

    He was talking about open source. NOT Open Source.

    --
    This space for rent.
  123. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 1

    Not against the sprit of open source, which is what your parent wrote. Now go buy yourself some reading glasses. Maybe we can get a group discount, since lots of posters in this article can't distinguish between open source and Open Source.

    --
    This space for rent.
  124. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 1

    When something is Open Source (note the capitals), it has a very specific meaning that goes beyond "is the source available openly".

    Hmm. I wonder if it would be possible for FSF to get a trademark on "Open Source"? That might put an end to the word games...

    OSI tried...and were denied, a long time ago because it was too generic. So, you're dead wrong.

    --
    This space for rent.
  125. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 1

    Yea but can you really trademark such a term at this point? The use of the phrase open source is so widespread now i think they've lost control of whatever power they had over its use, unless they'd like to argue over the use of capitalization Open Source vs open source.

    OSI already tried and failed a long time ago.

    --
    This space for rent.
  126. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    I think you really need to read what I'm trying to tell you.

    I'm not arguing that your definition is better, or worse. I'm not question the heritage of open source or the benefits of releasing under licenses that the OSI approve. I don't know where you could have read that in any of my posts.

    I am trying to say that you've defined a very complex definition for open source, whereas the phrase 'open source' conveys a much simpler set of parameters. I'm not saying either is right or wrong. I am telling you that Microsoft is conforming to one and not the other, and the one they're conforming to is the definition that I encounter most often. Nothing more, nothing less.

    You've spent a lot of time evanglising about the benefits of open source as you define it when you didn't have to.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  127. Re:This is microsoft trying to help kill open sour by nabsltd · · Score: 2, Insightful

    First, I can read 17 USC as well as the next guy, and it's pretty clear:

    the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright

    That doesn't say, "is a defense against a lawsuit for infringement". That says "is not an infringement of copyright". So, if you are doing any of those things, you are not infringing, and you don't need a "defense".

    The gray area is what, exactly, is meant by "fair use". The list of examples given shows what the law intended, but defining it specifically is maybe not as easy. Still, I'm pretty sure that saying "this code sucks because of this buggy line right here" would fall under "criticism". If you word it a little differently, I think "research" would apply.

    Second, there really is no need for an affirmative fair use right unless you are distributing copies, as like anything else, if the right isn't granted or limited to a specific group or person, it is reserved for "all the people". For computer software source code, here is the complete list of all "the exclusive rights to do and to authorize" that the copyright holder has:

    • to reproduce the copyrighted work in copies or phonorecords
    • to prepare derivative works based upon the copyrighted work
    • to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending

    For everything else, the copyright holder has no special rights.

    What this means is that until you distribute something copyrighted by someone else, you are not infringing, and you don't need to worry about a "defense". So, re-compile that code and test it as much as you want...you aren't infringing on copyright. Or, print out thousand copies and store them in your basement if that floats your boat...you may be crazy, but you're not infringing on copyright.

    And it has been substantially eroded, and continues to be.

    The "erosion" of fair use is primarily because of the back door of "no circumvention" Otherwise, "fair use" has done nothing but increase. Time shifting and device shifting have been upheld by courts as "fair use", and ventures like YouTube have greatly expanded fair use through more lawsuits over the length and completeness of copies.

  128. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    Open source is not just two English words crammed together.

    I can't help but wonder what you think it is - the term 'open source' is absolutely two English words crammed together. Unfortunately for Bruce, they already convey a meaning when you do the cramming, unlike (as someone suggested in another post) hotdogs.

    It has a meaning that is widely understood and accepted in the field.

    Absolutely, and everywhere I've encountered it, the meaning has been "you can view the source", no more and no less. OSI will have to work long and hard to usurp that default definition.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  129. Re:This is microsoft trying to help kill open sour by w000t · · Score: 1
    Of course people have different expectations on software and movies, so? That doesn't make an analogy about the expectations put on the "open" word invalid. Most people would expect from an "open film" something quite similar in spirit to "open source" software (probably something distributed under a CC license with copyleft or share alike provisions)

    Incidentally, I did enjoy your amusing lecture on how words "do not mean whatever anyone wants them to mean" before you moved on to defining various words for me. It's almost as if you were trying to say "open doesn't mean what you want it to mean, it means what I want it to mean".

    And which exactly are those words or terms that I attempted to define to mean "what I want it to mean". If you're referring to my characterization of code that can be only be looked at "visible source", that was just and attempt to use "a very simple English phrase" to describe it. That is, a literal phrase that everyone can understand without knowing anything about the license before hand. Some people might like it, others may prefer something like "available code". Whatever you choose though, the point remains that it must be unambiguously understood; so I'm not defining it to mean what I want, I'm just describing (part of) it in non confusing terms. "Open source" on the other hand would be ambiguous in plain English, as the word "open" must be interpreted within its context, and I merely pointed that your characterization of "open source" is not widely shared. Notice also how I didn't even define what "open source" means to me and yet you seem to know exactly what I was referring to. That's because you too (despite arguing on the contrary) know what the terms "open source" mean to most people without me needing to define them. And that's what matters.

    What is it with people today - seems like a Slashdot competition to be World's Most Arrogant Jackass.

    You're right, I sounded excessively arrogant. In my defense I was only trying to counter your own arrogance (as expressed on the first post I responded to).

  130. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 2, Insightful

    Paranoia much? They call it open source, not Open Source like you do. Stop getting confused and trying to confuse both the terms.

    --
    This space for rent.
  131. Re:This is microsoft trying to help kill open sour by Bent+Mind · · Score: 1

    As far as I'm concerned, open source means exactly that - the source is open.

    So, if the only requirement of open source is that I can read the source, and Microsoft allows me to read the Windows source if I sign a NDA, does that make Windows Open Source?

    Or this might be a little more valid. Microsoft offers to show Windows Kernel code under various Shared Source programs. Their Enterprise Source Licensing Program allows you to see it. However, that is all you can do with it. Is Microsoft Windows an Open Source Operating System?

    I think you are confusing open with viewable.

    --
    Request a Linux Shockwave player here: http://www.macromedia.com/support/email/wishform/
  132. It will bit them in the... by pixie.pt · · Score: 1

    If it's presented as open source then it can and will be used as open source defines it... wether it is on Amiga OS or Linux.

  133. Meaning of words by vlad_petric · · Score: 2, Insightful

    'When I use a word,' Humpty Dumpty said, in a rather scornful tone,' it means just what I choose it to mean, neither more nor less.'

    'The question is,' said Alice, 'whether you can make words mean so many different things.'

    'The question is,' said Humpty Dumpty, 'which is to be master - that's all.'

    --

    The Raven

  134. Open Source vs Visible Source by Anonymous Coward · · Score: 0

    Although I don't agree with the parent post to which you responded, it's always worried me that a lot of organizations and projects use "open source" to mean merely "visible and reusable source", while the project itself is entirely closed.

    There's a big difference between a "community project" and a closed project that merely "throws the source over the wall", yet this distinction doesn't appear in the open source definition, nor indeed in the free software definition.

    There's something missing in our labels in this area, something very important but which hasn't yet been captured in a name.

  135. Where are the mods when you really need them? by cromar · · Score: 1

    Huh?

  136. It's more likely to just be ignorance by jesterzog · · Score: 1

    Words have a particular meaning and this is a case of MS trying to throw its weight around to change the popular understanding of the meaning of "Open Source" to something that is favorable for them. Last time I checked, "Open Source" does NOT mean "something that is only legal to use on Windows".

    Perhaps, but personally I think it's much more likely to simply be a case of a Microsoft manager or committee who are either ignorant or don't really care too much about free software philosophies, and simply think of OSS in the simplistic terms of having the source code being viewable. (That's what it sounds like from the name, after all.)

    If you're in the mindset of wanting to keep control of code, but also think it's beneficial to show people the code, it's easier just to throw it onto Microsoft's existing OSS hosting platform and call it Open Source than it is to invent yet another whole new distribution framework.

    I don't think it's likely there's any direct malice here. All this says to me is that Microsoft (including the Codeplex people) don't really care about upholding the traditional OSS philosophy as much as they care about getting attention by making source code available... but we already knew that.

  137. Re:This is microsoft trying to help kill open sour by supernova_hq · · Score: 1

    As far as I can tell, whether you fail 1 count of 10 or 6 counts of 10, it is still invalid.

    If you run a stop sign, drive over the speed limit and have a tail light out, the cops will pull you over. If you just run a stop sign, they will still pull you over. One may be technically worse, but they are still both wrong.

  138. Re:This is microsoft trying to help kill open sour by node+3 · · Score: 1

    Why the fuck is everyone, and especially you getting fucking confused and trying to confuse everyone over the term 'open source' and 'Open Source'? Can you see he DID NOT capitalize it but you did in your post?

    Capitalization does not a new term make.

    Or is an MP3 different from an mp3? Try building your own car and selling it as a ford taurus. Write a letter addressed to madison, wi. Start a magazine called wIrEd.

    Open Source, open source, opensource, open-source, Open source, etc., all refer to the same thing.

  139. Re:This is microsoft trying to help kill open sour by node+3 · · Score: 1

    Open source is not just two English words crammed together.

    I can't help but wonder what you think it is - the term 'open source' is absolutely two English words crammed together.

    The word 'just' is key here. 'Just' means 'only, and nothing more'. As in, it's just a cigar (and not a metaphor for ...). If it is a metaphor for (???), then it's not 'just a cigar', even though it's still "absolutely a cigar".

    Unfortunately for Bruce, they already convey a meaning when you do the cramming, unlike (as someone suggested in another post) hotdogs.

    It has a meaning that is widely understood and accepted in the field.

    Absolutely, and everywhere I've encountered it, the meaning has been "you can view the source", no more and no less. OSI will have to work long and hard to usurp that default definition.

    No, you are wrong. It's not called "visible source", it's called "open source".

    And, let's just imagine the term was widely used for software before the '97-'98 timeframe that led to the current open source phenomenon. Even is such a case, OSI has most definitely "usurped that default definition". Just google for "open source" and tell me how many references there are, with regards to software, about just being able to view the source, and how many refer to the general GNU or BSD style of view, modify, copy, etc.

    Microsoft can't change the definition. Humpty Dumpty can't change the definition. You definitely can't change the definition. You can use it wrongly, as can MS, but pretending that you can decide, against everyone else, what a term means, is a fault that lies with you, not everyone else.

  140. Loophole!!! by supernova_hq · · Score: 1

    I think I've found a loophole:

    (F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.

    As far as I can tell, this means that any software you run, must run on "a Microsoft Windows operating system product." They did not however say "only", which means if you can write a program who's code will run on both windows and *nix/mac/etc then I don't see how this would cause any problems, as long as it runs on windows. They only problem I can see is that you probably won't be able to make a "windows" version and a "*nix" version, you would have to make the same version run under windows and another OS.

    Example download list:

    • Windows
    • Windows / Linux
    • Windows / Unix
    • Windows / Mac
    • Windows / OS2

    I can see how this would be a great inconvenience, but if you have the program auto-detect your platform, then run the appropriate function, sub program, etc, you should be able to do so.

    Note: I am in no way condoning what Microsoft has done, I'm simply exposing a loop-hole that may allow us to fight back.

  141. Re:This is microsoft trying to help kill open sour by tuomoks · · Score: 2, Interesting

    This is interesting. How would we classify the earlier IBM OS source, MVS, VM, etc , they were "open"? They are now used for example on x86 systems. I changed and tested a lot in 70's and 80's - found a couple of bugs. Of course you were on your own if made some changes which didn't get implemented to original. BUT you couldn't sell it, just nothing preventing showing the changes to someone and they adapting the same changes - we did that a lot even between competing companies / corporations.

    It was nice as long as it lasted, many ways as good as GPL, BSD, etc (created a lot "synergy") and in some ways even better, better documented, heh!

  142. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    No, you are wrong.

    You can use it wrongly, as can MS, but pretending that you can decide, against everyone else, what a term means, is a fault that lies with you, not everyone else.

    Hypocrisy, thy name is node 3. I've told you that the prevailing attitude among friends and coworkers (and we do deal with this stuff a lot in my job) is that open source means the source is available. In your own words, it is not for you to tell me I am wrong.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  143. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    I wish I hadn't written that line, because it did exactly what I was worried it would do - which was distract from my main point.

    I understand that it fails on those guidelines, but that's all they are. They're not laws, they're not immutable, and I definitely don't have to agree with them.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  144. up themselves by abigsmurf · · Score: 1
    Language is defined by usage. Not what a person or group want it to be used as.

    It's ironic that they go "you can only use this phrase as we tell you to use it". They can pretend they created the phrase and it's the only use but the use of open can be considered the same as with an open book. You open a book to have a look at the contents. You open source code to have a look at the contents.

  145. Open-source is a loaded term by Secret+Rabbit · · Score: 1

    DISCLAIMER: I liberated myself of M$ years ago. My machine tri-boots Linux, OpenBSD and OS X.

    The problem with this term is that the Free (note the capitalization) software people think that Open-source means the [L]GPL or compatible license. On the other side, there are those that acknowledge that the [L]GPL is excessively restrictive i.e. I MUST publish my code under the [L]GPL as well (L depending on linkage). So, in the end, when we put these side-by-side, they are pretty much as restrictive as each other, just in different ways. Also, we note that this disagreement is due to the fuzzy term "open-source."

    Point of fact, the only truly agreed on /parts/ of the definition are that people can see the code and play with it. Unfortunately, this battle ground is rot with opinions on the restrictions thereof and with many (most?) not respecting the opinions of others.

    But, in the end, when it comes down to this M$ only site, who really cares? Because, when it comes down to it, if someone is going to write code that is explicitly linked to M$ libs/etc how portable will it really be? So, how useful will it be to others on other OS's anyway?

    So, I say this: If they want there own sand box, let them have it. Because, the [L]GPL people have there's as well. And if we are going to treat everyone equally, then we can't complain when others create there own playhouses.

    Grow up people. And stop trying to shove your opinions down others throats.

  146. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    If what you are saying is true - that by "opening" the source qualifies for "Open Source", why suddenly stop using "Shared Source" and switch to "Open Source"? By your claim that the use of "Open Source" was to imply that source is open for the rest of us to see: didn't "Shared Source" imply the same thing - that the source is shared? What was the need to switch to the term "Open Source" if not to pollute the previously established and accepted meaning of the term "Open Source"?

    "OpenXML", "Open Source" (MS Style), etc distinctly reeks of trying to embrace (to ultimately extinguish) the "Open" in "Open Source".

    For people that created "Open Source" to 'clarify' "Free Software" - "Open" doesn't seem all that much clearer than "Free", now does it?

  147. Open Source still trying to kill Microsoft by Anonymous Coward · · Score: 0

    Kind of funny- the same people now have never, ever, ever complained about people making OSS for Lunix only... and never making Windows versions.

    Seems their evangelism of multi-platform only goes in one direction.

    1. Re:Open Source still trying to kill Microsoft by Anonymous Coward · · Score: 0

      Don't be so stupid.

      If you want to port any (pre-M$ definition) OSS to Windows you are free to do so.

      M$ forbids some of their (post-M$ definition) OSS software from being run on any other platform in the license.

  148. nobody should be surprised at this. It is MS-SOP by Locutus · · Score: 3, Insightful

    come on, are people really surprised that Microsoft is not only taking MS .Net to the world of Windows-only but also making sure anyone who uses their sites/services are Windows-only partners too?

    Get real folks. With out a monopoly hold on the pre-load computer market, Microsoft would be dead meat. They know they need to make sure their customers do not have a choice to try another OS because they will not put their software on another OS. Remember, without Windows they are dead meat. Outside of one package, MS Office for Mac, they have never put their software on another OS with the intention of making a business profit from it. They put Internet Explorer on Solaris to kill off all the Win32-UNIX licensees and keep anti-trust judges from nailing them for it. When Palm had 80% marketshare and WinCE was less than 5% IBM, Sybase, and other dbase vendors released lite versions for the PalmOS. Microsoft released MS Access-lite for WindowsCE.

    Miguel is an idiot for kissing Microsoft's ass every time they expose it to him. MS .Net was created to stop Java from taking Microsoft developers over to a cross platform API and software stack plain and simple. Anything "open" about it is a trick/game/hoax/etc because they own the spec.

    Microsoft's business is to own/control all software development and make sure it is all done on Windows. This is a fact. Everything they do must first protect the Windows marketshare. This is reality. Open source is a threat to Microsoft when it runs on anything other than or along with Windows. Another fact. So cry all you want Miguel, you're an idiot for following Microsoft and playing the Pied Piper to those too naive to understand. IMO.

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  149. Re:This is microsoft trying to help kill open sour by gbjbaanb · · Score: 1

    Open source means the source is publically available.

    and the Windows source code itself, if you sign all the legal NDAs in their 'shared source' program (and they let you, of course). So I guess you think Windows is an Open source program?

    Nice. You've just destroyed the common-usage of the term. You'll be telling us 'gay' means happy and has no homosexual meaning next?

    Words change their meaning over time and with majority usage. "Open source" nowadays refers to a particular system of free and shareable code. That's just the way its gone, you can try and change it, but the majority of people have to agree and use it in your terms for it to actually change like you want.

  150. Re:This is microsoft trying to help kill open sour by JAlexoi · · Score: 1

    FYI: Open in open source is synonym of unrestricted. the capitalization is not important. It may not be even public.
    It's like stating that open government, means unrestricted government, not to public(visible) government

  151. Re:This is microsoft trying to help kill open sour by node+3 · · Score: 1

    Hypocrisy, thy name is node 3. I've told you that the prevailing attitude among friends and coworkers (and we do deal with this stuff a lot in my job) is that open source means the source is available.

    This isn't your friends and coworkers. This is the Internet. If your small cadre of acquaintances are equally wrong, that doesn't make them somehow right in the broader context.

    Open any random google search for open source, open any trade magazine, open any open source program's license. What you will find is that it's more than just the source is viewable.

    That the source is viewable is just the most obvious aspect of open source, but that's not the end of it. If that's all you think is required, you have an incomplete understanding of the term. Your ignorance, however, has no bearing on the definition of the term.

    In your own words, it is not for you to tell me I am wrong.

    Not quite. You seem to have an extreme difficulty with language. It's not for me to define the term. It's definitely for me (if I want to) to tell you that your usage of the term is wrong. I'm not arbitrarily redefining a term to fit what my small sphere of acquaintances thinks it means, I'm looking to the source of the term, to the common usage of the term, and bringing that knowledge to you, since you so truculently wish to promote your ignorance to the rest of us.

    It's quite clear you are going to hold on to the death your limited world view. Have it your way, Humpty. Be wrong. Take comfort in your small little corner of the world. Just don't think that you're going to be able to find much agreement with the broader tech world. Get used to being caught up in arguments, not about useful questions, but about the definition of the words you use. Be prepared to waste your talents (if you have any) on foolish endeavors, because until you open your mind to the way things are, and not just as they look ten feet in front of you, you're going to encounter frustration every time you venture from that wall you are sitting on.

    Isn't it easier to simply accept the term as it is and move on? What do you possibly gain by redefining a term? The licenses that are open source will still be the same, whether they are called open source, or free software, or 'modify, copy, distribute as you please' software. And software for which the source is available for view, but not open such that it can be freely modified and redistributed will still be the same, closed software, whether you want to call it open source or not. So what's the point for you? The point for MS is clear, they get to pretend their software is open, when it isn't. If they can destroy a term, they can attempt to destroy a movement. But for you? Are you that base? Is that your goal as well?

    In that same vein, I'm going to leave it at that. No point in wasting my time and talents arguing with a tool. Those that read this can make up their own minds.

  152. Re:haha by Anonymous Coward · · Score: 0

    So there you are, Microsoft's little sock puppet... infecting Gnome with .NET filth...
    Get out of my eyes before I'm forgetting myself!

  153. Re:This is microsoft trying to help kill open sour by Ricin · · Score: 1

    Yeah, even water outweirds you.

    H2O - the new soviet Russia.

    Well actually water *is* pretty weird as a chemical. Possibly on some other planet they say the same about ammonia while they fart out some dry sodium hydroxide though.

  154. Re:This is microsoft trying to help kill open sour by cytg.net · · Score: 1

    all about destroying standards eh? where have i heard that before .. was it ooxml? was it..
    if ms spins it, you better believe you gave up your first born if you bought into it!

  155. Re:This is microsoft trying to help kill open sour by ednopantz · · Score: 1

    It's called corporate totalitarianism.

    It's called shrieking hyperbole.

  156. Re:This is microsoft trying to help kill open sour by CandyMan · · Score: 1

    > where I worked on making movies they were compiled.

    There-s a major pwnage in that answer there.

    --
    http://barrapunto.com/ - News for nerds, en español
  157. Re:This is microsoft trying to help kill open sour by ratboy666 · · Score: 2, Interesting

    But, it gets to the matter of what "Open Source" is. I believe that you are promoting the idea that "Open Source" just means "Source", without the idea of "Open".

    As an example, is Windows "Open Source" or not? It can be argued that Windows is, because source is made available. Therefore, for some, it is open, and that is the end of the discussion.

    You can substitute VMS in there (I had it on micro-fiche), or any number of other programs.

    However, consider what "Open" means -- if the software is platform-locked, it isn't Open in the sense that it can provide a base that lives longer than its platform (imagine a world in which PostScript use was locked to the LaserWriter -- no LaserWriter would mean no PostScript).

    In order for this Openness to exist for programs, there must be certain conditions: source must be available, there cannot be a platform lock-in, and there cannot be a usage lock-in (among some other characteristics). Bruce tried to define those necessary pre-conditions in his definition of "Open Source".

    Call the variant "Source Available", or something, but please do not dilute the concept of "Open Source".
     

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  158. Re:This is microsoft trying to help kill open sour by SL+Baur · · Score: 1

    Try reading at -1. The moderation patterns become obvious after awhile. Try also reading all the responses to old articles on anything Linux/Microsoft.

    Oh and I've ususally been moderated down days later.

    When MS Vista came out, there were many voices telling how stable and wonderful it was and all the bad stories were evil lies perpetuated by linux fanboys. When MS Vista SP1 came out, the same and/or similar voices were saying "well NOW they have best system Microsoft ever produced and all the crap from the initial Vista release (which was really crap) has been fixed."

    Some of the responses in the BSOD at the Olympics in Berlin^H^H^H^Hijing were comical and included several that insisted that it had to be a hoax.

    Bruce is one of the Good Guys, in my opinion, and I agree with him most of the time. He's right on, on this one.

  159. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    Your post is just astounding, a perfect example of 'if you're not with me you're against me' posturing, backed up with a healthy amount of insults and finished off with veiled assertions that I'm paid to "redefine" terminology for Microsoft's benefit. You've failed to actually address my point, which is that "open source" as a combination of words already suggests a definition that the OSI has been and is trying to extend. When you're trying to work out who is redefining the term open source, I suggest you try looking at the group who tried to trademark it.

    In the meantime, I suggest you do some research on how the English language has evolved over the last hundred years or so for an idea on why just saying "we've defined it as this" is not enough, and I can only agree with you when you say that arbitrarily redefining a term to fit what a small subsection of the population wants is idiocy. Hell, it was exactly the point I was trying to make in the first place.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  160. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 1

    Have you ever read Shakespeare? Methinks the lady doth protest too much.

  161. Re:This is microsoft trying to help kill open sour by thePowerOfGrayskull · · Score: 1

    Thanks for the information - and you know, I never would've known I was wrong on the basis of the fact you so generously provided - but your telling me so at the end sure cleared that right up ;)

  162. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    You know I've been out of this scene for a while. Got busy, work, family and all that.

    Came back to this BULL SHIT discussion!

    (and hi Bruce -->keep the good fight going, it's clear we are gonna need it)

    Here's the deal. Being able to look at the code means nothing unless one can make use of the code they see. If the terms are Microsoft Windows only, then the USE value of that code is diminished significantly.

    That's not OPEN at all. Really, it's just kind of sort of open.

    The body of OPEN SOURCE code can be run on anything capable of the task. There are no restrictions. That's OPEN as in, "If I can see it, I can USE it."

    This body of OPEN SOURCE code is one atomic body of code in that it's possible to compute without paying any corporation anything for the ability to do so. The USE value inherent in this is very high --in fact, it's higher than the sum of the contributions!

    The deal Microsoft is pitching here isn't part of that body, so characterized by the term OPEN SOURCE. The reason is simple; namely, having to run it on Windows operating systems means having to pay a tax before actually computing with the code.

    OPEN SOURCE software, or FREE SOFTWARE is software that comes in source form, SO USERS OF IT ARE FREE TO USE IT ON ANY HARDWARE THEY LIKE.

    This attempt to redefine what OPEN SOURCE means, through some word smithing, on par with that seen regularly from CORRUPT politicians, is nothing more than an attempt to split the body of OPEN SOURCE software, in the hopes that it's use value will be diminished as well.

    That's not cool, and you really ought to feel like a bit of an ass for even thinking you can come here, to fucking Slashdot of all places, pull this shit, and come away clean.

    Microsoft has been perfectly and totally clear about their core ideological opposition to OPEN SOURCE and FREE SOFTWARE movements. Microsoft believes that nobody should compute without paying them some money first.

    Secondly, that requirement that money change hands also means having control over people and their computers when there would otherwise be no such thing.

    This fight goes way back and the lines have not changed one bit.

    Being able to see the code doesn't mean jack, unless that code can be used. The greatest possible USE value comes from anybody being able to use the software on anything they believe capable of serving their needs.

    That's OPEN SOURCE and FREE SOFTWARE.

    This simple idea has seen the body of GPL (for the most part) code ported to pretty much anything that can run code. Microcontrollers, cell phones, computers of all kinds! You name it, and Linux / OPEN SOURCE / FREE SOFTWARE runs on it.

    I, and many other, users and contributors to the body of OPEN SOURCE, FREE SOFTWARE didn't contribute so that we could turn right around and see a company like Microsoft profit from others simply wanting to use our work.

    That's not the point at all.

    We did it because we believe in complete and total freedom to compute on our terms, on our hardware, and in our ways. We think this idea is so important that our only restriction on our code is to prevent jackasses like you from closing it off in an attempt to make money off of it, or deny others the freedom we put out there, one keystroke at a time.

    If you really believe this all comes down to some bull shit word play on what "open" means, then you are either truly stupid, or one selfish mo-fo and neither of those look good at all.

    I know what Open Source means. I've watched this crap come from Microsoft and others, wanting to profit from the code, without actually adding value in like kind. Seen it from companies not wanting to actually compete and build software that is worth the money they ask every year.

    (and that is a growing and substantial amount of money)

    Hell, this turned out to be a bit of a rant huh?

    Good.

    Take your Microsoft SPIN job and go home. The FOSS movement has made it pal. The body of code is

  163. NO! by PotatoHead · · Score: 1

    Good grief! I've been doing stuff lately (and yes, that's MY AC post below), and come back here to SLASHDOT of all places and see people who don't grok this?

    It's simple.

    Microsoft wants to make money on every computer sold. They want to make money anytime a program is written and make money anytime a program is used. Further, they want then to exert control over every computer, every program and every use, and they want to do it with the need to pay to use your own damn computer!

    That's all this is.

    That's all it ever is.

    If, they even one time submit to the idea that people can actually compute on their hardware, without paying for the right to do so, they then must compete with the growing body of OPEN SOURCE, FREE SOFTWARE. That means actual innovation and value adds worth paying for! Truth is, the market for that kind of software exists and it's profitable and it makes sense, but IT'S A MUCH SMALLER MARKET.

    Most core computing needs today are well served by no cost, OPEN SOURCE software that runs on any capable hardware. That means that most people really don't have to pay anybody anything to get their computing done and that scares the living shit out of Microsoft. They are big, hungry and always looking for new revenue.

    What they are not doing is adding real value in return for that revenue.

    While they have been figuring out new ways to charge for the basic act of computing, the rest of us have been writing code, educating users and building something that DELIVERS MORE USE VALUE than any one person contributes. This is a hell of a deal, and everybody working to make it better knows it.

    And again the problem is that most computer users don't know it yet.

    This bullshit is WHY THEY DON'T KNOW IT.

  164. Re:This is microsoft trying to help kill open sour by stephanruby · · Score: 1

    There was no "open source", capitals or not, regarding software until the Open Source Definition. If you look through past material, you can only find a few uses of the words together regarding software at all, with no consistent meaning. Open Source is what is defined by the Open Source Definition.

    Bruce, It sounds like you're making a circular argument: We defined "open source" as one sole definition/one sole meaning (before there used to be multiple unofficial inconsistent definitions/meanings of "open source"), therefore our official definition must be its sole definition/sole meaning now?

    A number of microsoft dweebs and/or campaigners would like to have it otherwise. But then Microsoft would like to have a lot of things. It's called corporate totalitarianism. Bruce

    I am dweeb, yes. A microsoft dweeb? I don't think so. It's not that I disagree with you that Microsoft is trying for a major land grab by creating this license and pushing it on whoever it can, I do think that it is. It's just that I disagree with your logic here that you guys own the phrase "open source" when it was already in use and had multiple meanings already well before you got a hold of it.

  165. Stop whining by Anonymous Coward · · Score: 0

    Words mean different things to different people. To a Microsoft guy, war is peace, freedom is slavery, ignorance is strength and open is Microsoft Limited Permissive Open or Office Open. Did you invent those words? Did you patent them? No. Get over it.

  166. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    Since you are on slashdot, you are likely working on a technical field, and you are thus aware that technical terms are most useful when they are properly defined. The definition of open source promulgated by the OSI is well established by now, and sticking to it aids communication. It seems rather counter-productive to argue against a useful technical definition on the basis that without the definition, the same words could be interpreted as something more vague, especially when the vague purpose can be communicated by saying that the source is available.

  167. It's their code, stop whining. by Otis_INF · · Score: 0

    If some guy decides to release his superduper class library for a given platform under the GPL and only for Linux, the guy who wrote the code is the only one who decides under which license he will release the goods and to what platform. The GPL isn't loved by everyone, so some might say "booh! you shouldn't have released that under the GPL, now I can't use it".

    You know what? That's simply tough luck. The same with this. If MS decides to release a piece of code under some very restrictive license, and it's only for windows, who else is out there to decide what THEY, the owners of the code, should do?

    Oh, and about the 'open source' term/name: aren't there different definitions about that floating around for decades already? To me, open source means: OPEN and SOURCE and there's a license attached to it which says when you can use it. If no license is attached, it's not OPEN SOURCE, as you fall back onto the boundaries drawn by copyright law, i.o.w.: you can't use it.

    So in short: OPEN SOURCE means: access to and usage of sourcecode under a license. That license can effectively restrict the usage of the source code to literaly 0. Too bad, write your own.

    --
    Never underestimate the relief of true separation of Religion and State.
    1. Re:It's their code, stop whining. by david_thornley · · Score: 2, Insightful

      If some guy decides to release his superduper class library for a given platform under the GPL and only for Linux,

      Not possible. Anybody who receives the library under the GPL can port the library as he or she pleases.

      If you don't realize that platform independence is a key tenet of the Free and Open Source software communities, you're missing the point entirely, and you're unlikely to be contributing positively to the discussion.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  168. Re:This is microsoft trying to help kill open sour by stephanruby · · Score: 1

    Since you are on slashdot, you are likely working on a technical field, and you are thus aware that technical terms are most useful when they are properly defined. The definition of open source promulgated by the OSI is well established by now, and sticking to it aids communication. It seems rather counter-productive to argue against a useful technical definition on the basis that without the definition, the same words could be interpreted as something more vague, especially when the vague purpose can be communicated by saying that the source is available.

    Ok. Let's call what Microsoft is doing "Sole Source", or just "Sole Sourcing". And let Microsoft argue against that by saying that it's an *open* "Sole Source" license. This is a much more accurate definition in my opinion than just saying that their license is not "open source". Sole Source is already an existing term with the correct definition from the get go.

    When describing it, you could just bring up the hypothetical example of a fictitious company called Blue Hat, Blue Hat would have written/purchased their unix-like operating system from scratch, but seeing what CentOS did to Red Hat -- Blue Hat only opened their code and only accepted code from others under the condition of a "Sole Source" license. So the entire code base, on Blue Hat's repository that third party developers were willing to "Sole Source" on top Blue Hat, is "Sole Sourced" as well.

    This pretty much guarantees that when CentOS tries to copy the code from Blue Hat or any of its applications, it can't anymore, because then in order to use it -- it would have to rebrand it completely (because it's not permitted to use the Blue Hat trademark), and in order to rebrand it completely -- it would have to break the "Sole Source" agreement of remaining on top of Blue Hat (because it wouldn't be on top of Blue Hat if it wasn't called Blue Hat anymore). So in the end, Blue Hat wins with this arrangement. It wouldn't matter what kind of product you built, or what device/server your software would end up running on, if you sole source your project -- that project will only be able to run on Blue Hat PCs, or Blue Hat cell phones, or Blue Hat Zunes, otherwise Blue Hat would probably sue you.

  169. Re:This is microsoft trying to help kill open sour by mvdwege · · Score: 1

    How about...UID 99501?

    Mart

    --
    "I know I will be modded down for this": where's the option '-1, Asking for it'?
  170. Definitions by dnstest · · Score: 1

    While I agree that the excepted definition of open source implies a lot more than simple access to the source (such as certain usage rights and ethical disclosures, according to wikipedia), I maintain that this is incorrect. The term "open source" should not imply anything beyond having viewing rights to the source. Nowhere does that definition imply at face value anything else. If you want open source to mean a collection of rights based on the ability to view code, then a new definition is needed. Depending on the situation, access to a given piece of source may or may not help a developer, regardless of their right to modify and redistribute that modification.

  171. Well Duhhh! by Evildonald · · Score: 1

    It was pretty obvious it was a Windows-Only open source site.. if you want all-platform open source, I don't see why you wouldn't think of source-forge first anyway?

  172. Re:nobody should be surprised at this. It is MS-SO by Anonymous Coward · · Score: 0

    Miguel complained and a few days ago, Microsoft fixed their license.

    Problem solved.

  173. So start sony electronics by Anonymous Coward · · Score: 0

    And see if Sony Electronics will let you.

    "It's been 28 minutes since you last successfully posted a comment"

  174. Lindows wasn't MS trademark by Anonymous Coward · · Score: 0

    but still they sued.

    Open Source isn't OSI trademark. So still they CAN sue.

    Your mentioning of Windows being an OS trademark is either irrelevant or bolsters my tale: Open Source is a term that was popularised in this modern closed source world by the OSI. Open Source in technical papers would not be OSI. Open Source in plumbing would not be OSI.

    Open Source in computer source code IS OSI.

  175. OMG give up your fucking bitch-fest! by Anonymous Coward · · Score: 0

    If it doesn't want to do this -- if it doesn't want to abide by this most basic principle of open source -- then call CodePlex something else and we'll all move on."

    What was that most basic principle of open source again?

    Cause I thought it was kind of, you know, the source part. And it being open. As in you can read it.

    Can you read the fucking code? Learn from it, write your own imitator in Linux?

    Stop bitching. If you're not a skilled enough coder to steal someone else's ideas without directly copy/pasting their code, thats not my problem. And its not Microsoft's, either.

  176. open source by darrinallen · · Score: 0

    It is hard to believe microsoft is associated with any open source projects

  177. Yep, both sides by huckamania · · Score: 2, Interesting

    If anything, it is the Free Software movement that has attempted to redefine Open Source as something other then open source. Words have meanings, and FOSS != open source, not for most people on the street. A judge or jury is going to have a much easier time making the connection to the availability of source code as open source, then showing them the 10 or 9 commandments of the FOSS movement.

    Microsoft is no more guilty of misusing this term then Sun, IBM, Apple or any other large software company. They all use fine print to limit customers and leverage their proprietary code. I would think that Apple is the most egregious party when it comes to making an ill gotten buck off of FOSS. IBM and Sun actually give back some of their work to the community.

    Maybe a better term for 'Open Source' would be 'Open Development' or maybe we should just recognize that there are lots of different licenses and stop crying when someone doesn't use the one we like.

  178. Re:This is microsoft trying to help kill open sour by Jim+Hall · · Score: 1

    I think mostly they'd like to dilute "Open Source" to mean any code with source code. This is important to them because it's the rights connected to Open Source that scare Microsoft (and others). If you can call it Open Source when there isn't even the right to compile the code, or to use the information you get from reading it, customers don't have a reason to ask for it any longer.

    I'd mod you up, if you weren't already at "5". This is exactly what's going on with Microsoft's "open source" concept; another example of embrace-extend-extinguish. They've embraced the idea of open source software, and now they're trying to "extend" the definition to mean software with source code but with no rights to use it or extend it.

    Guess which is the next step?

  179. Re:This is microsoft trying to help kill open sour by Blakey+Rat · · Score: 0

    I just hate FUD, regardless of who's spreading it. I've yet to see any actual evidence that Microsoft pays people to post anything on Slashdot. Until I do, I'm filing claims like yours into the bullshit bucket, and I hope everybody else reading this board does too.

  180. Let Microsoft do this. by ElAurian · · Score: 1

    If Microsoft wants to associate themselves with the term "Limited Open-Source Software", isn't it their LOSS?

  181. Re:This is microsoft trying to help kill open sour by hobbit · · Score: 1

    I suppose you think that hot dogs have always been called hot dogs - there was no intervening period while the phrase gained acceptance, it was literally just a mental switch-flip and everyone was calling them hotdogs.

    Not at all. I'm sure there was an intervening period. However, just as with the term "open source", that time has long passed.

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  182. Re:This is microsoft trying to help kill open sour by Macthorpe · · Score: 1

    I really don't agree, but there you go.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  183. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 1
    Well, Blakeley, just about every PR firm offers to help "manage the perception of your company in online communities" these days. What do you think that means? Astroturfing Slashdot, Youtube, etc. In my various manangement positions it's been offered to me. Indeed, some of the companies offer to create negative publicity for your competition that way - HP had a publicity firm for its Linux activities that told us it would do that when we wanted. I never asked them to do so and hope nobody else did either.

    This stuff is just standard these days. You've got to expect it.

  184. I like EEE by Actually,+I+do+RTFA · · Score: 1

    I don't get why everyone digs EEE. When the extend the software, they do make it better. Right..? Right?!?

    --
    Your ad here. Ask me how!
  185. Re:This is microsoft trying to help kill open sour by Hognoxious · · Score: 1

    There-s a major pwnage in that answer there.

    If I was a Pixar fanboi with a fetish for low userIDs then I might agree.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  186. Re:This is microsoft trying to help kill open sour by rastos1 · · Score: 1

    almost all open source licenses place some form of restriction on what you can do with the code

    There are good restrictions and bad restrictions ;-)

    The GPL restricts you from restricting rights of others. If GPL would not do that, then it would not protect interests of others. I.e. it would allow restriction of code accessibility. That means that, from logic point of view, that there is no way, how to please everyone. So GPL chooses the restriction that benefits the majority. That makes it Open. The restrictions, placed on code by MS, are not making the code Open.

  187. Re:This is microsoft trying to help kill open sour by rastos1 · · Score: 1

    They call it open source, not Open Source like you do

    Sorry. I'm hearing-impaired and perhaps my screen reader is doing something wrong. Would you mind to explain the difference between "OPEN SOURCE" in 1st part of your sentence and "OPEN SOURCE" in 2nd part of your sentence?

  188. Re:This is microsoft trying to help kill open sour by recoiledsnake · · Score: 1

    Ohh, The first one has no capital letters at all, but the second one has the first letters of Open and Source capitalized.

    --
    This space for rent.
  189. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    You are sounding rather elitist, as is other people on this thread.
    I have recently developed a program for .NET that I am willing to make open source, but, of course, it only runs on Windows. I was trying to find places to post my program for it to get downloaded. Of course SourceForge, but they don't advertise recently uploaded projects, so noone knows my program exists.
    I was told to post on Freshmeat.net to advertise my program. To my dismay, they won't accept programs that are Windows only; they don't care if the program does run on Windows, just can't be exclusive to the OS.
    It seems to me this isn't "a tactic to try to get people to associate "open source" with Microsoft and not Linux" but more a way to have a central place for Windows only people who are considered outcasts in the "open source" world to post their projects.
    You guy shave no problems with Freshmeat being restrictive but whine when MS does the same thing.
    Very hypocritical and am very turned off to the notion of even becoming a part of such a close-minded community.

    And by the way, my project supports Apache 2.0 and MS is fine with that.

  190. Re:This is microsoft trying to help kill open sour by Anonymous Coward · · Score: 0

    I'm the same person as just above who made the .NET program.
    Where does their site say that Open Source = something only legal to use on Windows?
    Another Elitist, unfounded comment.
    Open Source means the source code is free to use under the stipulations of the attached License. Linux open source is the same way and so is the Terms of Service on CodePlex stating that the open source code is governed by the attached license.

  191. Re:This is microsoft trying to help kill open sour by Tracy+Reed · · Score: 1

    Which is exactly why some of us prefer the term Free Software. :) Besides, they are much more loathe to say they are Free Software than Open Source because even if one misunderstands the definition of "free" it means they still can't sell their software.

  192. Re:This is microsoft trying to help kill open sour by Bruce+Perens · · Score: 1
    About two years ago at the Free Software conference in Belfast, this guy from Oracle, a reasonably senior marketing guy, did a talk "Free Software from Oracle". But it soon became obvious that he just meant software they don't charge for. The audience, including people like Ciaran O'Reardon and me, tried to set him straight as best we could. It was pretty funny.

    RMS was there. But he'd met this pretty girl on the conference staff who managed to mention that she was a massage therapist. And Richard got this girl to give him a massage. So, he wasn't in the room for this talk. He would have screamed, if he was there.

  193. Re:This is microsoft trying to help kill open sour by rastos1 · · Score: 1

    You did not catch my sarcasm. Open source is open source - regardless of capitalization. The world has already some understanding of what "open source" means. It means Open Source - access to source code and right to tinker with it in order to enhance/improve/fix/learn/... or just for the fun of it. Now Microsoft comes by and attempts to sneak different meaning of open source to the public. Joe Sixpack is not going to catch the difference when the only hint is capitalization. Just like I pretended above. Therefore we are up in arms. We do not want Microsoft to take advantage of the label. Even if the label is not rubber stamped by USPTO. It is already coined. MS noticed a trendy word and wants to jump the bandwagon. Only the bandwagon has some rules. And anybody who wants to join, has to follow the rules. Simple CSS rule { text-transform: uppercase; } could make worlds of difference. That is not right.

  194. Re:This is microsoft trying to help kill open sour by nurb432 · · Score: 1

    Marking rules todays world. If you can convince enough people black is white, it really is.

    --
    ---- Booth was a patriot ----
  195. Re:nobody should be surprised at this. It is MS-SO by Locutus · · Score: 1

    hmmm, threw him another carrot they did? aaah, but the stick still looms, it does.

    -YoB ( Yoda of Borg )

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus