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Leaving the GPL Behind

olddotter points out a story up at Yahoo Tech on companies' decisions to distance themselves from the GPL. "Before deciding to pull away from GPL, Haynie says Appcelerator surveyed some two dozen software vendors working within the same general market space. To his surprise, Haynie saw that only one was using a GPL variant. 'Everybody else, hands down, was MIT, Apache, or New BSD,' he says. 'The proponents of GPL like to tell people that the world only needs one open source license, and I think that's actually, frankly, just a flat-out dumb position,' says Mike Milinkovich, executive director of the Eclipse Foundation, one of the many organizations now offering an open source license with more generous commercial terms than GPL."

89 of 543 comments (clear)

  1. Bracing for GPL V. X fight? by Ojuice · · Score: 3, Insightful

    Hmm, okay? Seems kind of sensationalist to me.

  2. ORLY? by Anonymous Coward · · Score: 4, Insightful

    'The proponents of GPL like to tell people that the world only needs one open source license, and I think that's actually, frankly, just a flat-out dumb position,'

    Yeah, well I think that's actually, frankly, just a flat-out fabrication. Could we have a source for this assertion please?

    1. Re:ORLY? by Anonymous Coward · · Score: 3, Insightful

      Well, RMS for example quibbles over what we call things all the time (open source vs. free software and Linux vs. GNU LInux) and does so with a religious fervor. If you don't think there are GPL zealots just a fanatical you're deluding yourself. I've been personally told before that the "GPL is the only REAL free license" by a fellow developer I once worked with. This sort of attitude is less about giving a company or individual what they want or need and more about making a philosophical/religious point about how you think people should behave and I agree with the article it's stupid and fairly damaging to the reputation and advancement of free/open source software.

    2. Re:ORLY? by 93+Escort+Wagon · · Score: 4, Insightful

      What you missed is that there's a difference between "free" and "open source."

      What you missed is that there's a difference between your definitions of "free" and "open source" and what that word and that phrase literally mean to the vast majority of people (even the majority of IT people).

      I propose that, for clarity's sake, people who use always the word "free" per the GPL hijacking of the word should start using "GNU/Free" instead - and please use the phrase "GNU/open source" as well. That way we can do away with all the semantic silliness that usually comes out of these discussions, and start debating the real issues.

      --
      #DeleteChrome
    3. Re:ORLY? by Mr.+Slippery · · Score: 2, Informative

      RMS for example quibbles over what we call things all the time (open source vs. free software and Linux vs. GNU LInux) and does so with a religious fervor.

      People in scientific and technical fields generally appreciate the precise use of language.

      The Free Software movement and the Open Source movement are different. RMS is right to insist upon the distinction.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    4. Re:ORLY? by rtfa-troll · · Score: 5, Insightful

      "fabrication" is a nice word. Lie is better. The Free software foundation, the main proponent of the GPL, actively recommends many other licenses than the GPL and for them and most users there is little difference. It's when you see a lie like this in the headline that you know that someone has an anti FOSS agenda (admittedly, it's in the middle of the Yahoo article, but the person writing it knew which sentence would go at the top in Slashdot). I wonder if yahoo really isn't joining the dark side.

      What I've found, however, is that in a commercial environment the GPL is a very important tool. It's the one of the few licenses which can be trusted to build a completely fair sharing system where many companies can come together and produce one set of code without the likelihood of the other companies cheating on them. It's definitely true that commercial entities make more software based on BSD/MIT licenses. However, the fact that you see more contributions to the base software on GPL systems is not an accident. It happens because the commercial entities can be happy that if their contribution is used against them, they will at least have the come back of being able to use changes.

      I've seen (and posted about before) many examples where the use of a non copyleft license or a less effective copyleft license has lead to abandoned projects. The most classic being the failure of the ipsilon routing contributions to be pushed back into FreeBSD which died with the operating system. This happens because licenses such as Apache and BSD don't demand contributions, which means that when the lawyers are asked, they often recommend against contributing "for now" and the contributions actually never happen.

      For this usage, the AGPLv3 is also a big advance and should IMHO probably be the license of choice for all projects which want to have efficient long term cooperation with commercial software producers going forward. Having said that, the most important thing is to work together with other people who have similar interestes. The F vs OSS debate is all very fine in theory, but in real life everybody has very much to cooperate over. That's seems to be the main reason why Free software foundation generally recommends that people contribute using the projects own license.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    5. Re:ORLY? by iplayfast · · Score: 3, Insightful

      I've found that RMS often says things that make me step back and reconsider. For example cloud computing. I always get caught up in the buzzwords, but RMS pointed out that it actually gives people less control.

      RMS is all about giving control to the user of the software. His whole philosophy is based upon being free to modify/repair/change any software that you are using, whether in a computer or printer or whatever. The fact that you've bought the software, means (in his mind) that you should have the right to change it. If you've bought a printer that has a bug in it's firmware you should be able to change it.

      Companies don't like this idea because they will
      1. have more expenses when a fix actually breaks something.
      2. their propitiatory software is secret.
      3. if you knew how simple the code was you would be upset at the price you paid.
      4. competitors will use their code/ideas.
      5. whatever

      Companies are not consumer oriented. They are profit oriented. RMS is consumer oriented. He sounds eccentric when he talks because people have been brainwashed into thinking along the corporate lines.

      If you view what he says from a consumer point of view he sounds very sane. Rather like Ralph Nader seemed eccentric when he went after the pinto.

    6. Re:ORLY? by _Sprocket_ · · Score: 3, Insightful

      What you missed is that there's a difference between your definitions of "free" and "open source" and what that word and that phrase literally mean to the vast majority of people (even the majority of IT people).

      And what you're doing is willfully ignoring the fact that there ARE semantic issues. Freedom and free-of-charge or not the same thing yet they can both be referred to as "free." This is just as much "hijacking" as the Free Software group.

      You clearly understand the situation - semantics and all. Yet you're doing nothing to "start debating the real issues."

    7. Re:ORLY? by fm6 · · Score: 2, Insightful

      This isn't about some indistinct philosophy or religious point.

      Maybe not an indistinct one, but the issue is pretty religious.

      As you say, the Free/Open distinction is real enough. But it seems to me that it's the "software wants to be free" zealots who don't get this. They assume that everybody who uses FOSS is behind their entire program. That's why they insist that GPL is the only license anybody needs -- their program only advances if everybody uses it.

      What they don't get is that the big backers of Open Source are not schoolyard radicals like RMS. They're big technology companies whose business goals are furthered by the existence of code bases that are accesible to everybody. So they subsidize FOOS projects by giving them money, hardware, programmer time, even management resources. This is what keeps the FOSS movement going.

      The zealots see the FOSS movements success as a vindication of their silly theories. In reality, it's just a new business model. Their inability to grasp this is what causes the disconnect over licensing.

    8. Re:ORLY? by xororand · · Score: 3, Insightful

      Part of the problem is that he insists on taking "ownership" of the GPL, and frequently acts as though he's a spokesperson for the entire open source community.

      Stallman distances himself from the open source community as much as possible. Both the free software and the open source communities (according to RMS' definition) have entirely different philosophies, with similar technical goals which allows them to work together most of the time.

      He can't turn GNU from an open-source software collective into a pseudo political advocacy group because GNU has always been just that, a movement dealing with a social problem, while "open source" in general only refers to the technical standpoint.

    9. Re:ORLY? by makomk · · Score: 2, Informative

      Consider the Trolltech and Qt licence debacle where the loudest of the GPL advocates refused to even read the licence Qt was under and the many amendments it underwent. It was GPL or nothing, and there were even years of sour grapes after that

      Errrm... you do realise the whole Qt license debacle happened largely because the KDE developers chose both to license their own code under the GPL and to use Qt? If they'd either used a different toolkit or got their licensing straight, there wouldn't have been such an issue.

      As it was, though, the problem was that KDE basically wasn't legally distributable due to the licensing snafu; the additional requirements in the QPL made it GPL incompatible, so you couldn't have an app that used code licensed under both.

      Also, have you actually read the QPL? It's actually more restrictive than the GPL.

      • It doesn't allow you to distribute modified sources - all modifications must be in the form of patches, which is a major pain.
      • Changes must be made available to Trolltech for use in their commercial release.
      • It not only requires you to open-source any program using it that you distribute, but to give Trolltech a free copy on request.
    10. Re:ORLY? by Bluesman · · Score: 2, Insightful

      It's a bit disingenuous to say that the FSF doesn't care what license you use, when clearly, they care very much.

      Your link isn't a page of recommended licenses, by the way, it's a list of licenses with comments on their compatibility with the GPL.

      The FSF has an agenda, and are willing to use threat of legal force to advance it. You may like their goals and there's nothing illegal about what they do, but any attempt to frame them as something different is not quite accurate.

      --
      If moderation could change anything, it would be illegal.
    11. Re:ORLY? by fm6 · · Score: 2, Insightful

      I judge the free software movement by the rantings of its founder. I think it's safe to assume that his views are more representative than yours.

      My definition of a schoolyard radical is somebody who loves elaborate social theories, but has no ability to apply them outside academia. RMS is a classic case: his GNU OS (the original "free" software project) has been under development for 27 years, with no end in sight. Yes, big chunks of it are incorporated in Linux, but the fact remains that RMS doesn't know how to see a big software project to completion. Like all schoolyard radicals, he never has to acknowledge his failure because he lives in the academic world, away from economic reality.

      RMS's theories appeal to the same mindset that bought into the "fuck you I'll do what I want" brand of libertarianism that became alll the rage during the 80s. That mindset has just recently shown its intellectual and moral bankruptcy. RMS had one good idea: that voluntary cooperation was a better model for shared projects than the traditional committee approach. Others have taken this idea and done great things with it. RMS deserves some credit for that, but from his point of view it's almost an accidental outcome.

  3. Lost the point by MukiMuki · · Score: 4, Informative

    Keep in mind, the basis behind GPL isn't it just have code that's open, it's to have code that STAYS open.

    It's essentially self-perpetuating open source. I don't get all the people who discuss GPL work-arounds. It's really simple. If the GPL isn't for you, look for something with an MIT license, or even something in the public domain, or fucking code your own. The GPL borders on being an ecosystem, and if you wanna plunder it and move on, go somewhere else.

    Every GNU zealout shouts this out at the top of their lungs, it should be pretty easy to understand by now: If you don't like the GPL license, don't fucking link to a GPL'd library. End of discussion.

    1. Re:Lost the point by Timothy+Brownawell · · Score: 2, Insightful

      Every GNU zealout shouts this out at the top of their lungs, it should be pretty easy to understand by now: If you don't like the GPL license, don't fucking link to a GPL'd library. End of discussion.

      Some of us find it a bit improper/offensive when these people claim copyright over something that doesn't actually contain any of their work. It's kind of like if a cookbook publisher tried to stop me from telling people that the ribs recipe on page 104 and the second beans recipe on page 286 go really well together, especially if you also have the cornbread from page 42.

    2. Re:Lost the point by Timothy+Brownawell · · Score: 2, Insightful

      That is not surprising in the least since the GPL is there for the USER's benefit, NOT the developers or corporations.

      Yes, because the users get so much benefit from it being harder for developers and corporations to write programs for them.

    3. Re:Lost the point by MightyMartian · · Score: 4, Insightful

      Some folks want to take code they had no part in writing, do a few mods, call it their own, and give nothing back to originating source of the code. Some like to call them "commercial developers", but a more common and accurate name is "greedy leaches".

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Lost the point by countach · · Score: 3, Interesting

      They don't claim copyright, the just want something in return. You use my code, I get to use your code. A simple barter system. You don't like the deal, don't use the code.

    5. Re:Lost the point by Timothy+Brownawell · · Score: 2, Insightful

      You can't be serious.

      If developers and corporations want to provide software for users they have several options: 1. Pay for development 2. Trade for some existing code by making their additions available 3. Find someone who will volunteer their works

      None of which are harder than the others for developers and corporations.

      Except of course that (2) means that people suddenly have a lot less reason to buy anything from you, since they can just (legally!) download it from someone else.

    6. Re:Lost the point by maxwell+demon · · Score: 2, Insightful

      The viral nature of the GPL does make it harder to write programs. If you're going to claim it doesn't, then you're ignoring reality.

      No. The GPL doesn't do anything to anyones programming abilities. Well, indirectly it makes it easier to write programs, by allowing you to learn from the program's source code.

      --
      The Tao of math: The numbers you can count are not the real numbers.
  4. misleading by wizardforce · · Score: 5, Insightful

    The GPL makes the user a distributor and if your business model depends on restricting what the user can do it is no surprise that you wouldn't base your creations on the license, GPL is a license that protects those who use and modify the software from their predecessors, BSD is open code with the ability to conceal the source. The two among others are for different purposes and saying that there is one license to do the work of all is just as absurd as saying the GPL is dead. Until we see alternative OSes based on alternative licenses take a bigger spot than LInux, the GPL is in no danger. Furthermore, the goal of FOSS is more than just the GPL, it is the expansion of freedom to share and modify code and as long as FOSS as a whole is growing GPL or not it's a good thing.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  5. Control freak by synthespian · · Score: 5, Interesting

    Editor's note: InfoWorld tried to interview Richard Stallman, who runs the Free Software Foundation that created and manages the GPL, on this issue, but he demanded control of what we published, so we declined.

    I LOLed.

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    1. Re:Control freak by The+Bungi · · Score: 4, Insightful

      You just know that he would have demanded that Linux be called 'GNU/Linux' and so on. He's known for turning down speaking engagements from people who refuse to do that, too.

      I beginning to think Richard Stallman is techdom's Michael Jackson. Once brilliant, his past work is appreciated by all... but he currently exists in a vacuum where he lives off his dwindling reputation and fawning attention of a few creepy adoring fans while everyone else just scratches their heads and wonder what the hell happened to him.

    2. Re:Control freak by Squiggle · · Score: 5, Interesting

      RMS actually makes a distinction between different types of information and how free it needs to be. At one of his talks he discussed 3 categories:

      1) works of practical use (educational materials, software tools, etc):
              - should be free (GPL)

      2) works of testimony (what people experienced or believe):
              - republishing with modification is misrepresentation,
              - commercial use covered by existing copyright

      3) works of art and entertainment:
              - commercial use requires permission, personal use is fine

      His position is nuanced, not stupid. I actually think the distinction is too difficult to make and it is best to error on the side of freedom, but there are certainly some tricky "moral rights" or artistic integrity issues for categories 2 and 3 with GPL-style freedom.

      --
      Complexity Happens
    3. Re:Control freak by Squiggle · · Score: 2, Interesting

      Hmm, I suppose according to RMS the parent post is messing with his work of testimony. I'm gunna claim fair use while I still have some rights left. :)

      --
      Complexity Happens
    4. Re:Control freak by FishWithAHammer · · Score: 2, Interesting

      The problem with his worldview is that it ignores one very important thing: artists have to eat, too. Take computer games, for example (and as a game developer who wants to bring more than bland oatmeal to the table, I very much do consider it art, but if you don't, entertainment works too). The GPL causes a cost-zero situation because anyone can, and if your product is good enough will, undercut anything you can do to generate revenue.

      Sell copies of the game? Well, "personal use" includes giving copies away to everyone, so unless you're selling that first copy for a million bucks, you're going to lose your shirt. (Please don't give me that tired fucking bullshit about "well don't release it until people donate the amount you want," it sounds great if you discount that nobody will actually donate in significant numbers.)

      Advertisements in the game to recoup your investment? Well, they have the code, so bye-bye ads and bye-bye revenue.

      MMO? All your code's out there, enjoy those free-to-play ad-free private servers killing what little market share you can scrape up.

      I can buy the argument, though I disagree heartily with it, that the GPL is useful for low-level tools--operating systems, userlands, etcetera. "Information freedom" is the fastest way to killing the software industries that many people derive a lot of enjoyment from, though, and it's not like you'll be getting Half-Life 2 out of an open source project any time soon.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    5. Re:Control freak by Timothy+Brownawell · · Score: 2, Insightful

      Most of the people who knew RMS at MIT don't want to say anything; and those who do only do so anonymously.

      Which of course means we should all be skeptical of your claims.

    6. Re:Control freak by PCM2 · · Score: 2, Interesting

      I am curious as to where this is coming from. I've interviewed Richard Stallman for interviews before, and while he set me straight on "open source vs. Free Software" terminology issues, he never expressed displeasure with the result. It wouldn't surprise me if he's been burned by interviewers many, many times in the past ... but refusing to answer any questions seems counterproductive. Then again, the assertion that he "demanded control of what we published" could just be B.S. and a misinterpretation of what he actually asked for; I'd like to find out the truth.

      --
      Breakfast served all day!
    7. Re:Control freak by FishWithAHammer · · Score: 4, Insightful

      Well, there's two ways to answer that.

      The first, a moral argument that at the moment I don't have the patience to flesh out: Why do you _have_ to live from your job? Why is your probably-not-all-that-useful sort-of-contribution to society rewarded while theirs should not be?

      The second, a practical one: many forms of modern art are simply too labor- and time-intensive to be done for free. Do you really think Half-Life 2 will be made "as a hobby in [somebody's] free time"? While some programming works can be done for free to the end user, they aren't free to the people making it. Linux would not exist as is if there weren't millions of dollars being funneled into it, and the methods of recouping that investment exist that don't involve direct sales of a product. Such doesn't exist for a lot of other methods that people find very valuable. Without copyright, we'll be introducing you to our old friend, the tragedy of the commons.

      So, yes, I have no problem with criminalizing your fellow copyright infringers to protect my livelihood, and, quite frankly, I doubt even your fellow copyright infringers will have a problem with it when they realize that that's where the stuff they're passing around comes from. Taken to the extreme that you and your ilk think they would like, you would kill the goose laying the golden egg.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    8. Re:Control freak by James+Youngman · · Score: 2

      RMS holds fast to a number of principles, about software freedom and nomenclature. He is not frequently known to compromise a whole lot (actually it does happen, but most often in pursuit of a more important goal). These aspects of RMS's personality - and the fact that he is apparently not motivated by many of the things other people are motivated by - for example, money - make other people uncomfortable. They don't know how to deal with him, and they don't know what tools to use when negotiating with him (if you want to negotiate, you have to control something the other party wants).

      The point many people often miss is that if RMS was easily given to compromise, or if he were not so very determined, then he would have given up long ago. Don't forget that the GNU manifesto was published in 1985. RMS for a long time was a voice crying in the wilderness. Most people would not give up a paying job to work on the "software freedom" thing when nobody else has even heard the phrase. To keep on doing that when everybody else thinks this free software thing is nuts takes a special kind of single-mindedness and determination.

      Why anybody thinks RMS would stop being single-minded now is beyond me.

    9. Re:Control freak by Draek · · Score: 2, Interesting

      The first, a moral argument that at the moment I don't have the patience to flesh out: Why do you _have_ to live from your job? Why is your probably-not-all-that-useful sort-of-contribution to society rewarded while theirs should not be?

      We don't. The free market will determine whether our skills are valuable or not, and if they aren't we either adapt or die. No need to bring state-granted monopolies into the equation.

      The second, a practical one: many forms of modern art are simply too labor- and time-intensive to be done for free. Do you really think Half-Life 2 will be made "as a hobby in [somebody's] free time"?

      So? There's plenty of forms of both art and practical works that are simply too expensive to be done in a copyrighted world as well, but you don't seem to care about that. No decision is without consequences, and few have no downsides.

      Besides, I don't see what's so special about Half-Life 2 that we need to ensure its existence even at the cost of our freedoms.

      --
      No problem is insoluble in all conceivable circumstances.
  6. RMS disallows free use of his words by Anonymous Coward · · Score: 4, Funny

    InfoWorld tried to interview Richard Stallman, who runs the Free Software Foundation that created and manages the GPL, on this issue, but he demanded control of what we published, so we declined.

    Pity RMS couldn't have released his source words under some kind of open license so others could use it.

    1. Re:RMS disallows free use of his words by CharlyFoxtrot · · Score: 2, Interesting

      You could put it like this : his words are open, so he wanted the article to have the same openness so he could correct obvious mistakes. So RMS open source words are viral, infecting articles with their openness :-)

      I never could decide wether he was a genius or a nutjob, so I figure he's probably both.

      --
      If all else fails, immortality can always be assured by spectacular error.
  7. This isn't sensationalist, it's the truth by BadAnalogyGuy · · Score: 5, Insightful

    There is a small but vocal group of Free Software zealots who make life miserable for anyone who thinks that the GPL isn't the end-all and be-all of Open Source licenses. They frequently point out problems they perceive with other licenses like BSD without conceding that their perspective may not be applicable/correct/logical/reasonable. These are what I call the Free Software Fascists. They claim to work for the greater good of the OSS movement, but their actions are only self-serving.

    This is not to say that everyone who chooses the GPL is one of these. There are many reasons to use the GPL, the greatest among them is how the GPL guarantees software freedom for all users, not just the developers. This is a respectable choice, though it does tend towards indian-giving.

    It's difficult to say that the GPL fails to be useful to business because 1) there are businesses which quite efficiently use GPL software and tools and 2) it was not written with commercialization in mind (in fact, commercialization of GPL software is completely tangential to the GPL). But in its own way, the GPL makes itself hostile to developers basing their products on the base GPL libraries/software. In a very real sense, by demanding software freedom, the GPL makes any software it covers poison to a software product company.

    So the article is right. There are many software/hardware product companies who are shunning Linux and the GPL. The lack of IP protection (nee, the deliberate elimination of IP protection) is not something companies who innovate are likely to embrace. On the other hand, the article is wrong in that GPL software usage has never been higher. The existence of GPL software helps many companies be able to compete due to lower implementation and licensing costs.

    Which side you believe is the side you already believe.

    1. Re:This isn't sensationalist, it's the truth by amicusNYCL · · Score: 3, Insightful

      Which side you believe is the side you already believe.

      Just to be clear, our choices are fascists, people who share Indians, or businesses, right?

      It's difficult to say that the GPL fails to be useful to business because ... it was not written with commercialization in mind

      That actually sounds like it's directly contradictory to "business", however you want to define that. If you define business as the pursuit of commercializing a product, then the fact that the GPL wasn't written with commercialization in mind certainly seems like it fails to be useful to a business. At least, no business that is actually writing their own code instead of packaging other peoples' code. If your business involves packaging other peoples' code for distribution then, yeah, I'm sure the GPL is very useful to you. I'm not sure how many businesses need to exist that just distribute other peoples' code though.

      If you're talking about developing your own product and then choosing a license, from a business standpoint it does make sense that you would release it under a license that doesn't give everyone else free reign with it. At least not in the short term, once your competitive advantage has worn off with time then it makes perfect sense to give it away for free. See id software for an example on that one.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:This isn't sensationalist, it's the truth by QuantumG · · Score: 3, Insightful

      It's amazing that after so many years people are *still* confusing commercial with proprietary. 99.9% of the use of Apache is commercial.. and it aint proprietary. However there are proprietary ripoffs of Apache and that is the problem that the GPL tries to defeat.

      --
      How we know is more important than what we know.
    3. Re:This isn't sensationalist, it's the truth by BadAnalogyGuy · · Score: 3, Insightful

      For companies that would otherwise create IP based on GPL-licensed software, there is almost no distinction between commercialization and proprietary. They cannot commercialize their IP because to do so would force them to make the IP non-proprietary. For companies that create products, the two typically go hand in hand.

      However, you're completely correct in pointing out that GPL-licensed software can be commercialized. Linux itself would not exists as it is today if it weren't for the commercialization of it by companies like RedHat and Suse (and Caldera, et al). Commercialization has a very big positive effect on GPL-licensed software. It actually funds the development of the product so as to be useful for the greatest number of customers.

      But the GPL itself was written to protect software freedom, not specifically to enable (or destroy) commercialization of the software. It prevents the software from being made proprietary, and through prickly requirements like opening of all code which comes into linkage with GPL-covered software it ensures that the software remains free.

    4. Re:This isn't sensationalist, it's the truth by Desler · · Score: 5, Insightful

      However there are proprietary ripoffs of Apache and that is the problem that the GPL tries to defeat.

      How can you ripoff something that is freely given to all to use as they see fit as long they follow it's simple terms? Ripping off implies that you are taking something without someone's consent which is clearly not the case for proprietary software that is based on Apache/MIT/BSD/etc licensed software.

    5. Re:This isn't sensationalist, it's the truth by the_womble · · Score: 4, Informative

      The lack of IP protection (nee, the deliberate elimination of IP protection) is not something companies who innovate are likely to embrace.

      There is no actual evidence for that - in fact the evidence (academic studies) point the other way. Most of the studies are on patents, not copyright, but it is all the evidence there is.

      The GPL protects any actual innovator better than BSD style licenses because it stops free riders. See Zed Shaw's explanation of why he uses the GPL: http://zedshaw.com/blog/2009-07-13.html .

      The article gives one actual real life example, and they prefer the Apache license because they prefer the patent clause, not because they want to allow proprietary forks.

      BSD style licenses can be better for those who want to accept outside patches and sell a proprietary version (e.g. Django). It is more appealing to the outside contributors than a copyright assignment (like MySQL and ZImbra). In many cases they could also use the LGPL (provided they can cleanly separate the proprietary and open components), and I have no idea why they do not.

    6. Re:This isn't sensationalist, it's the truth by Ash+Vince · · Score: 2, Interesting

      In many cases they could also use the LGPL (provided they can cleanly separate the proprietary and open components), and I have no idea why they do not.

      Because the LGPL means you have to constant work within a legal framework that it sets down, whereas BSD licences give developers the freedom to ignore the legal implications of what they are doing and just get on with their job. Laywers are expensive and to constantly have to consult specialist legal consul just to ensure you are on the right side of the LGPL quickly pushes a projects costs up. In the commercial world the BSD licence gives the most freedom to the original creator of the project, yet still lets outside parties contribute.

      You might argue that outside would never contribute to a BSD project as there is the possibility their work could be used in closed source projects but that is not the case since plenty of people do. Some people might be put off, but that is a trade off for having the freedom to adopt a different licencing scheme in future without having to trace every contributer to your project and get them to sign a waver saying they will not enforce the GPL over the code they comitted to your project.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    7. Re:This isn't sensationalist, it's the truth by Darinbob · · Score: 4, Informative

      I'm not sure how many businesses need to exist that just distribute other peoples' code though.

      This misses much of the problem though. You can create a full application of original code, then be forbidden to statically link with a tiny GPL library or borrow a couple of routines without making your whole product fall under GPL. This isn't a commercializing GPL code or rebundling it.

      And yes, many applications must statically link and are unable to use dynamic libraries or plugins.

      The result really is that a GPL license is poison to many companies, not matter how trivial the library or routines are you want to use. Even if you find a way to use GPL code properly a lot of companies still won't touch it just out of its reputation and legal headaches. (What's cheaper, buying a third party commercial library, getting the lawyers involved to figure out if the license really isn't a problem, or just going with BSD?)

    8. Re:This isn't sensationalist, it's the truth by Darinbob · · Score: 2, Interesting

      BSD license is also good for people who just don't care about "free riders" or not. They've got a good product, if some leech comes along and sells their own versions and mods, then so what?

    9. Re:This isn't sensationalist, it's the truth by Mystra_x64 · · Score: 5, Insightful

      then be forbidden to statically link with a tiny GPL library or borrow a couple of routines without making your whole product fall under GPL

      You have an option to write your own tiny library you know.

      --
      Quick way to get 30% Funny 70% Troll: defend Opera browser on /.
    10. Re:This isn't sensationalist, it's the truth by maxwell+demon · · Score: 4, Insightful

      This misses much of the problem though. You can create a full application of original code, then be forbidden to statically link with a tiny GPL library or borrow a couple of routines without making your whole product fall under GPL. This isn't a commercializing GPL code or rebundling it.

      Guess what: If you intend to make your application proprietary, the GPL developers want you to stay clear from their code. So I'd say the GPL works as intended.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    11. Re:This isn't sensationalist, it's the truth by julesh · · Score: 3, Funny

      One could only imagine how Linux would have turned out with a BSD or Apache license; we might have ended up with a situation where Windows, OS-X and Linux apps were all compatible or atleast much easier to port.

      Or maybe we'd all be running GNU Hurd by now.

    12. Re:This isn't sensationalist, it's the truth by Serious+Simon · · Score: 4, Informative

      How can you ripoff something that is freely given to all to use as they see fit as long they follow it's simple terms?

      By refusing to follow those terms?

    13. Re:This isn't sensationalist, it's the truth by maxwell+demon · · Score: 2, Informative

      Of course you can fork both GPL and BSD licensed projects.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    14. Re:This isn't sensationalist, it's the truth by Darinbob · · Score: 4, Insightful

      Which is exactly what most companies do. Which completely eliminates the "let's not reinvent the wheel" aspect of open source.

      Writing these tiny libraries is not so simple, and can be a huge waste of time. The experts in the fields necessary for the application or product are not necessarily experts everywhere. They may not know how to write an efficient compression algorithm and have it debugged by the deadline, or have any familiarity with writing string internationalization routines.

      Which is why these companies go to software with BSD or other licenses.

    15. Re:This isn't sensationalist, it's the truth by someone1234 · · Score: 4, Insightful

      When you say, you are 'going with BSD', do you mean, your whole application is going under BSD, or just you ninja'd a BSD library?

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    16. Re:This isn't sensationalist, it's the truth by smash · · Score: 4, Interesting
      Exactly. There's a clear difference between GPL zealots and BSD zealots (of which, I am one).
      • GPL people want code to be publicly available no matter what.
      • BSD people just want the code to be used for the good of society; if you make money off it, so what.

      If TCP/IP was originally GPLed, the protocol would probably not have taken off. BSD licensing (or public domain) promotes standards propogation. GPL encourages reinvention of the wheel, when someone decides that (heaven forbid) they want to be paid for their work (be it huge code additions, or just packaging up free code in a nicer package, or whatever).

      Me? I'd much rather there was freely available BSD code for whatever problems have already been solved. Commercial products would be free to implement this well tested, standards compliant code and provide additional features that others may or may not be interested in. Those not interested in paying could take the base, well tested code and write their own pretty interface (or whatever) for it.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    17. Re:This isn't sensationalist, it's the truth by teh+kurisu · · Score: 2, Insightful

      The GPL is obviously preferable to closed-source software in this case, but I'm not sure how it's preferable to the BSD/MIT ilk of licences. If I'm paying for the development of a piece of software, I don't want to be limited in what I can do with it (including closed-source distribution) by the developers.

      From the customer's point of view, assignment of the copyright to the customer would be preferable to any open source licence. The only impracticality here is that the developer should be free to use 'generic' code samples in projects for other customers.

    18. Re:This isn't sensationalist, it's the truth by maxwell+demon · · Score: 5, Insightful

      And in what way does the existence of that GPLed code make your work any harder than it would be if the code simply didn't exist? Or if it would exist, but buried deep inside some proprietary application whose source you won't even get to see, much less be allowed to use?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    19. Re:This isn't sensationalist, it's the truth by Ciggy · · Score: 5, Informative

      Take a GPL'd piece of code and remove the GPL - what do you have left? All you are left with is plain old Copyright which means you can't use the code (which was GPL'd) at all without the holder's permission; you could contact them for a licence (so that argument of having to re-invent the wheel is bogus), or get your own code written any way. The only reason GPL is viral or poison is the underlying Copyright - GPL takes Copyright and adds rights you would not normally have; without GPL you lose those right and would be in [danger of] copyright infringement if you were to use it commercially.

      As a commercial company your aim is to generate profits which means as low as possible with the costs and as high as possible with the income from sales (whether that be sales of goods, services, etc). Which means that if you need a code library you try to get it as cheaply as possible - ie something like BSD licensed code where you don't have to pay the authors a single cent.

      However, some authors object to you piggy backing them and making money off their effort with no reward to themselves; so they insist that the payment to them is that you release any modification to their code like they originally released their code so that others can also benefit from the code (ie GPL). Now if a company doesn't like this way of doing things, they are free to contact the original author(s) to license the code under different terms, one where money would more than likely have to change hands from the company to the author(s), thus putting up the costs, especially if a piece of GPL code has had a few modifications in which case EVERY one of those authors would have to be contacted and a licence agreed between each and every one of them (not needing to re-invent the wheel).

      Also, how much can you trust closed source software? Can you be sure it isn't infringing someones copyright?

      The only conclusion I can come to is that all those who moan about the GPL are those who would rather not pay the author(s) for their work - get something for nothing. Aaaaarrrrrrrrr, Jim Lad...

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
    20. Re:This isn't sensationalist, it's the truth by Vanders · · Score: 4, Insightful

      Writing these tiny libraries is not so simple, and can be a huge waste of time.

      It sounds like some of those tiny GPL licensed libraries are actually pretty valuable. In which case, you as a software developer will have to pay to use them. The price is compliance with the GPL.

      Which is why these companies go to software with BSD or other licenses.

      If a non-GPL licensed equivalent exists then your previous argument doesn't apply and the company is welcome to use the non-GPL library at no cost to themselves. That also has no impact on their own choice of license.

    21. Re:This isn't sensationalist, it's the truth by LizardKing · · Score: 2, Insightful

      Has anyone ever analyzed why Linux took off and BSD didn't, and what role the license played in this?

      See the Explaining BSD document on the FreeBSD site, particularly the mention of the AT&T court case against BSDI. That said, BSD has "taken off" - it's used in many embedded devices and in many roles as a server OS. For example, Yahoo! rely on FreeBSD as their principal server OS, as do many other companies with large numbers of webservers such as web hosting outfits (Pair Networks for example). Mac OS X undoubtedly bigger than Linux in terms of desktop usage, and is based on a 4.3BSD core which has been updated with code from NetBSD and FreeBSD.

    22. Re:This isn't sensationalist, it's the truth by Epsillon · · Score: 2, Informative

      Of course they have. The main reason BSD got sidelined, after growing very nicely thank you to start with, was the AT&T USL lawsuit spreading FUD and scaring users off. AT&T are not SCO and made for a pretty formidable opponent. By the time the litigation was over (AT&T backed down after it was found that a lot of BSD code had been subsumed into SVR4) and the unencumbered 4.4-BSD Lite was released, Linux had already gained traction (a working TCP stack) and was collecting up a lot of users disillusioned with the AT&T shenanigans. That the settlement was kept secret also added to the FUD and BSD, as a result, was almost left deserted and unloved. The licence and Linux being GPL really didn't make one iota of difference. Even Linus said later that had BSD been available and its status not legally dubious, he probably wouldn't have started on Linux.

      --
      Resistance is futile. Reactance buggers it up.
    23. Re:This isn't sensationalist, it's the truth by rtfa-troll · · Score: 3, Insightful

      The GPL is obviously preferable to closed-source software in this case, but I'm not sure how it's preferable to the BSD/MIT ilk of licences.

      This depends on circumstances. In most cases the majority of the entities working on the software are not competitors, however competitors also can use the software.

      When you release BSD software, you get equal support to all the other people who cooperate with you. However, your competitors have a possibility to get a specific advantage. They can take your software, use it as you do, but add their own proprietary changes which they do not share.

      This means that companies should not contribute to BSD projects without considerable care. E.g. if a feature is basic and your competitor already has it in their products you can contribute it because your competitor won't benefit. If a feature is advanced and product differentiating then you should never release it to a BSD project.

      With a GPL project, there is another option. You contribute to the project. Any competitors which take that feature change their relationship with you. You and your former competitor cooperate in an open and legal way in one particular area (this is legal because it is directly to the benefit of the consumers / public etc.) whilst competing on others (service ; hardware ; other software bundled etc.).

      In theory, this means that BSD software is better for short throw away projects where you will never work with anyone else whilst GPL is better for long term stable projects where cooperation will be most valuable. In practice, things which are planned short term very often become long term. This means it's normally better to use and release GPL software

      There is one exception to this. If you are releasing a feature that you want everybody to use, including proprietary vendors, then you might find that the GNU All Permissive License is a good option. At least noticing its existence is quite ironic given the summary on this story.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    24. Re:This isn't sensationalist, it's the truth by AlecC · · Score: 3, Insightful

      Which is what the LGPL is invented for. The licence for Apps is the GPL, the license for libraries is the LGPL. If you link with LGPL code, you just have to make the source of the library available - in the for you used it. So if you bugfix or enhance the library, you must offer forward the bugfixes - and it makes sense to submit them back, so the community gains. But the LGPL does not require you make public the whole source of your app.

      As someone working in in the commercial environment, the LGPL is fine, and my company has published its own LGPL code. It requires a little care in keeping LGPL code separate from in-house code, but is no problem at link time.

      The full GPL, however, is untouchable. I have no problem with that - it is designed to achieve a certain effect, at a certain cost. It achieves what it set out to do, and pays the cost that was know up front.

      --
      Consciousness is an illusion caused by an excess of self consciousness.
    25. Re:This isn't sensationalist, it's the truth by ardor · · Score: 4, Insightful

      The price is compliance with the GPL.

      This price is often too high, since it demands that the parts you link the library to become GPL, which in turn often encompasses the entire project.

      --
      This sig does not contain any SCO code.
    26. Re:This isn't sensationalist, it's the truth by teh+kurisu · · Score: 3, Informative

      I don't think we're talking about the same thing. I'm not talking about open, community-driven projects. I'm talking about projects where a company (say, A Plc) commissions another company (say, Dev Ltd) to create custom software for it. A Plc would like to be able to use the software they are paying for without limitation.

      Dev Ltd is providing a service as opposed to a product, and ideally A Plc would be assigned the copyright for the code so that they could licence it as they wish with no conditions. This approach is undesirable for the developer, because it reduces their ability to reuse code across projects for different customers.

      What I'm suggesting is that Dev Ltd retains copyright over the code, but licenses it to A plc using a BSD-like licence. This gives A Plc the freedom to use the code they have paid for as they see fit, but also gives Dev Ltd the freedom to reuse code.

      Remember that the reuse of code does not necessarily mean that commercially sensitive features will be transferred from A Plc to another of Dev Ltd's customers, if the customer is responsible for setting the specification. The only effect is that Dev Ltd is able to deliver more quickly.

      I don't see how licensing the code under the GPL is any sort of safety net for Dev Ltd in comparison to the BSD licence, given that it wouldn't prevent a potential competitor who might get hold of the code from offering that code under the exact same terms, but without the cost overhead of actually having to do the development work.

    27. Re:This isn't sensationalist, it's the truth by fiontan · · Score: 2, Insightful

      Take a GPL'd piece of code and remove the GPL - what do you have left?

      The GP isn't talking about taking a piece of GPL code and removing the GPL, he's talking about licensing the code BSD, or other free use license. Comparing GPL favourably to vanilla copyright is not only an easy comparison, it's way off topic.

      so they insist that the payment to them is that you release any modification to their code like they originally released their code so that others can also benefit from the code (ie GPL).

      How is this payment to the original author? Notwithstanding if I provide a service instead of a product, then I never have to release anything... but even if I release a product in a niche market, say controllers in medical hardware, using a hypothetical modified linux kernel. I need to make the source for the modified kernel available to my customers, which they are free to redistribute, but the greater linux kernel community has no such right to the source unless they purchase one of the machines. Unless I voluntarily give back the code, or someone wants to pay me for my time by buying one of my machines, the original author never sees any of my changes.

      The number of times I see comments saying that the GPL means people have to give back. This is not, and has never been the case.

      Also, how much can you trust closed source software? Can you be sure it isn't infringing someones copyright?

      So, how much can you trust open source software? Can you be sure it isn't infringing someone's copyright? The answer is usually no, unless you wrote it yourself.

      The only conclusion I can come to is that all those who moan about the GPL are those who would rather not pay the author(s) for their work - get something for nothing. Aaaaarrrrrrrrr, Jim Lad...

      As a developer, I will never release software under the GPL, but I will release software under actually free licenses like BSD or Apache. Of course, this means that I need to avoid using GPL libraries, because they do not give me the freedom to do what I require with the result of my own effort. Now in your world, this seems to be getting something for nothing, but in my world, it means I am being unreasonably restricted in a way that that would be unimaginable under any other license. Of course, if I find and fix a bug in the non-GPL library that I use, then I will naturally contribute the patch back to the project, and be happy that I could be of help. The GPL library gets no such support from me because I won't use it (if I have any choice).

      Just to sum up, I find it completely unreasonable for a GPL library author to request me to release my entire application just because I make use of a supposedly free library. Even the "evil" closed-source commercial proprietary world would rarely put such a restriction on use of a library, and they wouldn't be as brazen as to say they're doing you a favour at the same time.

      Now, as someone who moans about the GPL, do I still fit into your world as someone who wants something for nothing?

    28. Re:This isn't sensationalist, it's the truth by jedidiah · · Score: 3, Insightful

      ...except this is all one big fantasy.

      So the whole issue is a big fat red herring. The vast majority of
      all libraries are licenced with the library/lesser version of the
      GPL so as to specifically avoid this problem. This is why there
      can be a version of Oracle for Linux or some game from EA.

      The "problem" doesn't really exist.

      People are trying to ignore what's actually happening so that they
      can make up some bogus argument.

      Once again we have the crux of the anti-GPL whining as such: "why can't I hijack someone else's code".

      It invariably happens that some whiner redefines "the freedom to set
      the license on their code" as "the freedom to take someone else's work
      and treat it as their own exclusive personal private property".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    29. Re:This isn't sensationalist, it's the truth by teh+kurisu · · Score: 3, Informative

      The GPL does not guarantee that you will get any changes back. The competing developer only needs to share the source with their own customer, and there is no guarantee that that customer will share the code or even take advantage of the offer of the source code at all.

    30. Re:This isn't sensationalist, it's the truth by jedidiah · · Score: 2, Informative

      Linux is just the kernel. If you are trying to conflate the developer community of that
      last bit of GNU with the entire developer community of FreeBSD then you are trying to
      push an obviously bogus argument. Linux in the vernacular is Linux + GNU + a whole lot
      of other userland stuff. It's the "whole lot of userland" stuff that's really the most
      interesting part and what really determines which approach is more useful.

      Sure, a lot (if not most) of the Linux userland stuff is generally exploitable by any
      Unix. However, it's the Linux community (users and developers) that the engine that
      drives everything.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    31. Re:This isn't sensationalist, it's the truth by SD-Arcadia · · Score: 2, Insightful

      Exactly. Anyone who is railing against the GPL for "not being free enough" should advocate orbit-nuking proprietary software 24/7 or is a hypocrite.

      --
      https://dalgamotor.wordpress.com/ - Elektronik beyinlere ozgurluk asisi (Turkish)
    32. Re:This isn't sensationalist, it's the truth by PitaBred · · Score: 2, Insightful

      The GPL pisses off people because they can't just take the code they see right there and use it however they want. Almost like Copyright is a pain in the ass in most instances.

    33. Re:This isn't sensationalist, it's the truth by Darinbob · · Score: 2, Interesting

      Because the code may actually exist somewhere else other than GPL code. If it does not exist, there may be people elsewhere working to bring it into existence under a different license. That's a lot different than having hundreds of companies reinventing the wheel in isolation.

      For instance an older product I was on wanted to use internationalization. The GNU libintl and gettext programs seemed very good for this purpose, and it actually is. The tools can all be used off line to create and manipulate the databases and they're very handy and solve a tricky problem. But the library we had to statically link to for looking up strings was GPLd. I would have taken a too long to reverse engineer an equivalent library (even longer if you try to use a chinese wall). Without that library all those external FSF tools were pointless. But there was BSD code for the same library; someone else had reinvented the wheel and made their work available for all, and that library was maintained.

      Whereas if I had reinvented the wheel, I seriously doubt the company would have let me make it available to others even though we weren't a software house. I definitely would have had no time at all to support or maintain it for others.

    34. Re:This isn't sensationalist, it's the truth by 2short · · Score: 2, Insightful

      "THEN DON'T USE IT."

      We won't. That's the whole point being made here. Frequently, authors of open-source library code would, for whatever reason, like it if that code were usable, and used, by a wide variety of people. A GPL/LGPL license may inhibit such adoption to a greater degree than those authors imagine.

      Just because someone says choosing a particular license has cons as well as pros doesn't mean they are bitching. Unless that license is the GPL, which we all know is utterly perfect for all purposes, and no suggestion otherwise should ever be allowed.

    35. Re:This isn't sensationalist, it's the truth by 2short · · Score: 2, Insightful

      "'Ripping off' in the sense that you're taking"

      No, "being given."

      "someone else's code"

      code someone else wrote, and freely gave you your own copy of.

      "sticking your own label on it, and selling it for $$$"

      as they explicitly directed you should be able to do.

      I have written code under a BSD license, and if anybody is mananging to do something productive with it, that's great. It is not possible to rip me off, as I do not expect or want anything. It is possible to be nice to me by sending me a fix if they find a bug, but even failing to be nice to me if they have the opportunity is not in any way ripping me off.

      "It's basically proprietary software - with all the downsides of that"

      Downsides like the food on my table or the time I can spend getting paid to work on open source support libraries?

      " - given a leg-up by Open Source"

      No. "Open Source" didn't do squat. I did. I wrote the code, and if I want to give it to whomever I please, what business is it of yours? Apparently some people want to give stuff away, but are bothered by the idea that someone else would profit from it. I'm not one of those people.

      As a practical matter, I believe that by freely giving my code away, more people will be likely to use it, and whatever fraction take the option to be nice to me will add up to more people than if I put restrictions on it saying they have to be nice (and not even to me, but to hazily defined third parties). But if they don't take the opportunity to be nice to me, that's cool; maybe some anonymous fellow coders life was made slightly easier somewhere, and on the off chance karma exists, I get some. Or not. I'm giving it away. Getting nothing in return is completely acceptable; It is my expectation.

  8. Here is a comparison table for those interested by bogaboga · · Score: 5, Informative

    Folks at KDE have a comparison table for various software licenses. The table might throw some light on the reason why the GPL is where it is today.

  9. Erroneous article by pnot · · Score: 4, Informative

    From TFA:

    To force the free distribution of source code, the GPL requires publishers to place the source code on the disk they distribute their applications on

    False; they simply have to make it available.

    Under GPL, "you've got to give it away for free, and you've got to give the source code away for free as well," says analyst Kiewe.

    False; RMS himself used to charge $150 for tapes of the GNU system. The GPL FAQ specifically states that you may charge for software under the terms of the GPL. Here's a current example of GPL software being sold for money.

    So in short: either they didn't do their homework, or they're deliberately spreading FUD.

    1. Re:Erroneous article by matria · · Score: 2, Insightful

      That doesn't change the fact that there are outright false statements here.

  10. Re:who gives a fuck? by Anonymous Coward · · Score: 2, Funny

    It's true. The only thing I love more than sharing code is sharing my ass.

  11. Let's guess who the poster is... by True+Grit · · Score: 3, Informative

    Lesse, midnight on a boring middle-of-the-week Wednesday, just got through watching an old rerun of Clint Eastwood in A Fistful Of Dollars on the WGN Late-Nite-At-The-Westerns, but there's nothing good on now, and nothing else to watch on DVD, so what is kdawson's answer to this dilemma?

    "Eureka! A flame-fest between the BSD Zealots and the GPL Fanatics, that ought to keep me entertained for the next 4 or 5 hours!"

    [rummages through the inbox looking for good dry kindling, a match, some dynamite, and ...]

    Come on, Guys and Gals, this is a setup piece for a flame-war, if I've *ever* seen one, you've *all* been had...

  12. Re:Might as well say it first by Sir+Homer · · Score: 3, Insightful

    A big business is more liable then a small business, they have more assets to lose, assuming they lose a copyright infringement case. Lawyers like to sue people with money.

    Big business historically have been the target of GPL lawsuits.

    So I don't buy your theory.

    GPL is a probably the best open source license for distributing software you actually want to make money from. What you do is charge a fee for people who don't agree to the GPL terms. With BSD, it's not quite as easy to do this. Notice some of the most profitable open source products (eg: SugarCRM, and MySQL) are GPL.

  13. Re:Yup, beware of fascists... they are over THERE! by fuzzyfuzzyfungus · · Score: 4, Insightful

    I fail to see how being offered the option of using GPL code, subject to certain conditions, impinges on your freedom(much less represents "fascism"). If you don't like the conditions, use something else. Nobody is going to put you in the GNU/Death Camps.

    Unless you start from the position that other people owe you use of their work, without conditions, being offered that use, with conditions, can only benefit you. If you don't like the option, don't use it, if you do, do. Easy.

  14. Moderate Article As Troll -1 by bmo · · Score: 5, Insightful

    Fer crissakes.

    This is a big whiny piece about how poor poor kleptocrats can't use GPLed code without giving back. Well, don't use it. Duh. There's no shortage of proprietary code.

    And then it ends the article with the old fragmentation canard.

    I expected to see Dan "Lyin'" Lyons in the byline.

    Yellow journalism, anyone?

    "Fair and Balanced"

    --
    BMO

  15. Re:Might as well say it first by Madsy · · Score: 2, Insightful
    I hope what you just wrote was a joke. In that case, disregard this post.

    Just about the only thing I can immediately think of that should be GPL is standard libraries for a programming language (C++ STL for example).

    I doubt you understand the consequences of your preposition. The C++ standard library is based on templates, so you can't link dynamically to it. Translation units need the whole template definition and declaration in order to successfully instantiate an object or function based on a templated type. If this was the case, all code which used your C++ standard library implementation would have to be released under GPL. Not even LGPL would work here. This is why even GNU does an exception for their implementations of libc and C++ libraries.

    People talk about "code freedom". It seems ridiculous (to me) for code to have freedom. What about my freedom? If I make something awesome with a library that is GPL and I'm feeling altruistic, I can't let people sell it without distributing source? That's ridiculous.

    You don't have an inherent right to use GPL code without abiding to the license conditions any more than you have the right to breach copyright on other works. No one forces GPL down your throat. You can choose not to use it. If you feel so altruistic, code your own implementation of whatever library you find licensed under GPL and release your code under MIT or BSD.

  16. Re:percentage of GPLd projects is irrelevant by McSnarf · · Score: 5, Insightful

    Many business types can't get their brain around the concept of cooperation.

    ...while many hobbyists don't understand business. A lot of the discussion above reminded me of tree-hugging eco zealots. Living in their small, limited world, believing in what they do, even if they studied liberal arts (and try to turn "life sciences" into liberal arts).

    Let me give you an example: A great platform for working with microcontrollers is the Arduino. Google it, if necessary. It is open, you expect open source software with any shields (hardware addons) you can buy and developing applications interacting with the real world is a lot of fun. People built model plane USVs with GPS control and 3D printers with Arduino. Even some non-free spinoffs exist, but noone is really upset about them.

    Great fun, useful, brilliant environment built on free soft- and hardware.

    Now let's have a look at Mr. Liu. He runs a very small company (jyetech) that produces a very, very cheap, very simple oscilloscope. I own one - and for the things I do with it, it is more than adequate.

    You could download the documentation and schematics from his website and build yourself that scope with a little thinking. (To find that it is actually cheaper to buy a kit or a completed device.)

    But what about the software? Should be free, shoudn't it?

    Someone actually wrote his own software for the scope from scratch. Mr. Liu didn't mind - but HIS software is HIS property. In a forum post somewhere, he explains the reasoning, which I cannot literally quote, but it goes like this:
    "In China, a lot of stuff is copied. And bigger companies can build the scope cheaper and sell it more easily. I would be out of business. The competitors can build the hardware, but cannot write the software, and so far, my logo in the boot loader has kept the scope from being stolen."

    It sounds a little like security by obscurity - but Mr. Liu seems to know his local competition. Now who would want to force feed the GPL to Mr. Liu because "all software must be free"?

  17. Re:percentage of GPLd projects is irrelevant by Anonymous Coward · · Score: 2, Insightful

    Mr. Liu can do whatever he wants with his software. It's his. My point is that if Liu wants to build a cooperative community around his software, then GPL is a good way to do it. As it is, Liu's software has been duplicated. Well and good. If Liu wants to ignore the competing software he is free to. Then again, an alternative is to enlist and merge resources and work towards a single more powerful software base. Liu runs the risk of having the competing software go open source, attracting programming resources and himself being unable to keep up. His decision. No one is saying Liu must go GPL. I would say that he should keep it in the back of his mind though, if only to avoid loss of his current advantage.

    GPL isn't just a hobbyist thing. Businesses find it quite useful, a a tool to keep each other honest when dealing with a shared resource.

  18. Re:Yup, beware of fascists... they are over THERE! by ogl_codemonkey · · Score: 2, Interesting

    If you invent the knife and then tell me I can only use it if I don't draw blood, why give it to me? I can decide if I am fighting off a wild beast to save my children or carving art with it.

    Perhaps I think it is the wild beast's right to eat your children. Would you still rather carve your art with a splintered rock? The point at hand, however, is not what you may or may not use the knife for; it's how you can modify it, and if you need to show other people how to do that if they think your modifications are useful.

    If I come up with an easier way for making knives, and show you how - I'm sharing my idea with you, for whatever reason; but let's just say that in whatever society or tribe this is, we live better if more people can have knives. What would piss me off, in this situation, is if you came up with a way of strapping my knives to a stick to fight with less danger to yourself; but wouldn't show me how.

    If you then start selling your 'my-knife on a stick' (okay, let's call it a spear) because you can make knives easily using my process; but hide how the knife is reliably attached, you've created a competitive advantage for yourself based on my work.

    Lets say that a third person comes up with a stronger, lighter stick. He wants to put a knife on it, to make Spear 2.0, and I show him how to make the knives; but he doesn't know how to attach them. I don't know how, either. In fact nobody does; but you.

    Now, we have the opportunity to make a better weapon for everyone, but nobody wants to ask you how to bind the knife to the stick, because you're likely to rip off the new stick idea as well, and you probably wouldn't show us the right way, anyhow, because you want to be rewarded for other people's work.

    The rest of this really hinges on you. You could share the information, and we'd all live better because we'd be the best armed tribe in the region. There'd still be work making the spears; and since you've been doing this the longest you can probably still make the most money or whatever if you want.

    You can derive whatever moral from this you like; but the upshot is that ultimately we're going to rally the tribe to snatch you in your sleep and torture the information out of you with blunt sticks and short knives; err, I mean, get everybody to use a system of interoperating open source software components.

  19. Re:who gives a fuck? by dword · · Score: 3, Funny

    Hey, put down that chair!

  20. Re:Yup, beware of fascists... they are over THERE! by Anonymous Coward · · Score: 3, Funny

    I'm sorry, I don't get the business with the sticks and knives.

    Could you repost this using a car analogy?

    Thanks!

  21. Re:Yup, beware of fascists... they are over THERE! by rohan972 · · Score: 5, Funny

    Nobody is going to put you in the GNU/Death Camps.

    So you admit they exist then.

    You are correct, nobody will put you in them. Indeed, you must assemble the GNU/Death Camp yourself. The chain-link fence, razor wire, etc. are available for you to use under the terms of the GNU/DCL. If you are having trouble with assembly or use of GNU/Death Camps, don't even think about posting questions here unless you've RTFM, googled it and searched the mailing list archives.

  22. Incorrect by tlambert · · Score: 2, Informative

    "If there was no concept of copyright in the world, then the GPL would not be needed to cancel this nonexistent concept out."

    Incorrect. The GPL requires copyright to keep the source code available. Without the license, one of the ways people could pretend that copyright does not exist is by making modifications, compiling a binary, and not giving out the modified source code.

    I personally happen to believe that this is largely unnecessary, since it's in a businesses long term self interest to give source changes back to the public maintainers in order to offload ongoing maintenance; otherwise, they're spending all their time playing integrate-the-changes. I typically pick the BSD license, which is as close to public domain as you can get while still avoiding the tort consequences that would otherwise attach without a hold-harmless. This is mostly because there are no civil protections for people who put things into the public domain directly.

    But make no mistake: the GPL is more dependent on copyright law than the BSD license.

    -- Terry

  23. GPL is the kiss of death for commerical software by djelovic · · Score: 3, Insightful

    GPL is good for anybody not making money directly off software products. I don't buy all the ideology around it, but as Linus says it's a cool license because it enforces tit-for-tat.

    However, GPL is the kiss of death for anybody trying to make money selling software products. If you have a software product and publish any of its libraries as GPL, then your product must effectively become GPL'ed. And you put hard work into it and want to charge money for that, but anybody can take that product and sell it cheaper or give it away for free.

    You can then play games to work around it (spawn the GPL product from a commercial one and talk to it through a pipe or something) but whatever you do is just a kludge in order to dance around the license.

    Personally, I gave away the few small, well-rounded libraries I made under the BSD license. I don't really mind if somebody takes them and uses them to build a product they'll be making money off. The knee-jerk reaction here is that when somebody says "commercial software" people imagine big dominant companies like Apple or Microsoft, but the number of programmers working there is dwarfed by the number of small 1-5 programmer shops trying to make a living.

    In fact, I don't even mind if a programmer at Microsoft takes my source code and uses it in a product. I met a few of them and they are mostly nice folks trying to make the best software they can. If Microsoft shareholders profit to an infinitesimal amount from something I gave away for free, I don't really give a fuck.

    Dejan

  24. Licensing of news articles by janwedekind · · Score: 2

    I think he just wanted Infoworld to license their article under the Cc-by-nd license. Even the BBC agreed to grant him his wish.
    See http://news.bbc.co.uk/1/hi/technology/7487060.stm

  25. Analogy Fail by raehl · · Score: 4, Funny

    Your analogy assumes the only options are GPL and Copyright - for sake of analogy, let's call them mushrooms and dirt. If you are hungry, and your options are mushrooms or dirt, mushrooms will look pretty good. But what if your options are mushrooms, dirt, chicken nuggets, BBQ ribs, or steak? Sure, if you're a fascist vegetarian, you might still go for the mushrooms, but no one is going to take you seriously if you just run around screaming about how all anyone should eat are mushrooms, because they're much better than dirt.

    If copyright is the least free, then licenses like BSD are *MORE* free than GPL, because they grant an even WIDER license to use the software than the GPL does.

  26. Re:Oh yeah? by itsybitsy · · Score: 2, Insightful

    Yes, there are some companies who use the GPL with varying degrees of success and for a variety of reasons. The article is showing that there are many companies that choose to explicitly avoid the use of the GPL for a variety of reasons including but not limited to the very reasons that those other companies choose the GPL!!! The FORCED distribution of source code to modified GPL projects means just what the article says, it's a serious limitation for the business and loss of revenue potential. That's fine for some but not for most.

    It's not about stirring FUD at all. It's about educating people that the GPL isn't right for many.

    In my company we have no fear of USING a GPLed program or even of shipping it with our software. What we do not do is commit lots of time and money developing an existing GPL program and giving OUR changes away for free. Sure we'll change a line or twenty if needed to fix a bug or add a simple command line option we need for example, but we'll not put in any effort to develop it further. For serious updates we prefer to maximize our profit potential so we do prefer the other actually free licenses.

    When shipping and using a GPLed program in your software make sure that you keep it contained in a GPL Virus Containment Condom so that it can't infect your own software! You do this by keeping it a separate program or by putting it into a separate program if you're linking to a library. Often a command line program is one of the best forms to wrap libraries in so that you can access it without being contaminated by it.

    Now you might not like the way that I think or write about the GPL but it's not FUD, it's the reality of how my company and it's people hold the GPL in low regard and as a danger to our financial endeavors.

    So choose your software licenses carefully for it can have a real world impact and the GPL can destroy your business if you're not careful.