How Hardware Makers Come To Violate Free Software Licenses
H4x0r Jim Duggan writes "Veteran violation chasers Shane Coughlan and Armijn Hemel have summarized how license violations are caused in the consumer electronics market under time-to-market pressure and thin profit margins: 'This problem is compounded when one board with a problem appears in devices supplied to a number of western companies. A host of violation reports spanning a dozen European and American businesses may eventually point towards a single mistake during development at an Asian supplier.' They also discuss the helpful organizations which have sprung up and the documents and procedures now available."
like those DVD players that used mplayer but didn't release mplayer's sourcecode?
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#\ @ ? Colonize Mars
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Slashdot users
Get their knowledge
From many years
In junior college.
Many of the chipset SDK suppliers don't tell their customers of their obligations to provide the source when requested by a customer.
So while the hardware manufacturer might be at fault, its the chipset maker who is more often the failure.
Cisco/Linksys using Broadcom chipsets. Did Broadcom tell them about using Linux & their obligation under the GPL to release the code.
Humax with their PVR - now they're less reliant on the chipset as the Cisco situation so are more at fault for not releasing the code when asked.
That reminds me of this classic, hivemind confusing post
http://ask.slashdot.org/comments.pl?sid=6823&cid=886346
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;
I thought Slashdot was opposed to copyright law and that you couldn't "steal" intellectual property because it wasn't physically taken from someone else?
We also don't want double standards. As long as RIAA can defend their rights, so can we.
Why is copyright bad in pro-piracy articles and good in free software articles?
Perhaps because of the intent of the licences violated?
Woohoo.. I love doing stuff that is bad for me, it's the best kind of stuff.
Why is copyright bad in pro-piracy articles and good in free software articles?
Uhhh.. because its being used for different purposes? Why are automatic weapons a good thing in armed resistance to tyranny but a bad thing in shopping mall shootings? Are you so seriously retarded that you can't tell the difference between a goal and the tools used to achieve that goal?
How we know is more important than what we know.
Come on, bonch. You are either hopelessly confused or an intentional troll.
Copyright infringement is that, copyright infringement and *not theft*. It is still an infringement -- whether it concerns a work put under the GPL or the newest song by the Spice Girls.
No sensible person here is contending that. It's just this meme of "intellectual property" which we are contending. Copyright, trademark and patents are basically fine (although not as they are now. Especially: copyright terms are too long, patents shouldn't apply to software, maths or business methods, yadda, yadda).
(I am able to imagine a society without copyrights, patents and even trademarks: we wouldn't need the GPL there. But that is open to lots of debate, I know).
Clear now?
This is precisely what can happen when a western company outsources "engineering" work to countries with little or no respect of copyright or intellectual property. Of course the company providing the "engineering" work will poach as much as they can from the open source community without compensating the community (by publishing their contributions/patches or through donations) or even acknowledging that they utilized it. This also applies to non- open source tech as well. Many of these "companies" will basically steal what they can to get the job done at the lowest cost so that they can win the business of a major western company.
I'm not saying the ideas of copyright and intellectual property as they are defined today are necessarily right, but I do acknowledge that they exist in some form.
"Uhhh.. because its being used for different purposes? Why are automatic weapons a good thing in armed resistance to tyranny but a bad thing in shopping mall shootings? Are you so seriously retarded that you can't tell the difference between a goal and the tools used to achieve that goal?"
Not as retarded as believing that the same solution (copyright abolishment) will work for both the good and bad usage.
Slashdot isn't in favour of or against anything. It's a whole bunch of different people with different opinions. Although I suspect quite a lot of us agree that it's clueless to mistake the opinions of individual posters for the opinion of /. as a whole.
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"No sensible person here is contending that. It's just this meme of "intellectual property" which we are contending. Copyright, trademark and patents are basically fine (although not as they are now. Especially: copyright terms are too long, patents shouldn't apply to software, maths or business methods, yadda, yadda)."
Well the point I think that's being made is that if the tool is the same in either case and it's just who wields it that's the difference? Then copyright debates on slashdot should be focusing on the wielder not the tool.
Also I think the point should be made that a form of the GPL could still exist and have power under contract law.
"I am able to imagine a society without copyrights, patents and even trademarks: we wouldn't need the GPL there. "
As long as they're two or more parties with differing goals, there will always need to be contracts.
Shai Schticks:"You don't make peace with friends, you make peace with enemies"
In other words, you are saying "The Ends Justify The Means".
Killing people is good if they are bad people, and bad if they are good people.
Lying is good if it's for a good cause, and bad if it's for a bad cause.
The problem with "The Ends Justify The Means" are twofold. Firstly, other people might start using the methods that you employ against your cause. That's less of an issue here, although I would be surprised if the proprietary software industry didn't unite after a while as it becomes clearer that the objective of the RMS movement is to destroy and make proprietary software unviable, because it's unable to link into an existing ecosystem that cannot be replicated without extreme hurdle costs.
Secondly, it can be perceived as hypocritical - for example, if someone who has argued strongly for raising taxes also dodges them with the justification "If I dodge taxes I am more able to work for the raising of taxes". I don't see how anyone within the OSS movement can accuse anyone else of hypocrisy for any reason, so long as they use the justification "I am against the use of this tool but I find it useful and so can use it in my fight".
Because I want there to be viable proprietary software, I don't like OSS people - but you can't have anyone like you. In my view the software industry should start lobbying individual countries to declare OSS invalid and fair game for incorporation into any product.
Hm... that post is dated 2000 August. I find your patience nauseating.
Not all open source fans are pro piracy.
I'm in fact against piracy, if someone asks me a free copy of office he will get Openoffice.
If he insists on getting Microsoft office I'll tell him to go buy it.
To protect its IP, the CE company that I work for does not allow the use of GPL or LGPL code in production software. It's a good thing that Linux system calls are excepted from the normal GPL rules, otherwise we wouldn't have seen its massive success in embedded devices.
So does this mean that WE finally have THEM by the balls?
It would be nice for the OS community to serve back what it's been receiving. I'm thinking
of the patent trolls, copyright oppression, DCMA takedown notices and the like.
---- It won't be as bad as you fear or as good as you hope, but it will take twice as long as you plan.
The reason why they "violate" is because they just do not care.
It has nothing to do with deadlines or politics or competition or margins.
The code they are using is seen as "some free stuff I downloaded which happens to work - cool for me".
The point of a company is to make money, not to further ethical causes. If it doesn't SEEM like a massive no-no I don't think it would enter the head of even one person in this supply chain to question it. And by the time anyone does, its already 3 generations of products later and they are wondering why someone is bothered with a product that is nearly ending its life cycle.
I mean, if asked, they would probably ask if there is any tangible heavy institution that is likely to find out, or even to care if they did.
Ultimately, you need to also ask if it really matters at all. How often do you think this provided source code is really going to be useful to a mass audience? As you say: the products in question have a very short life span, and the changes must be small to be able to be completed in time.
FreeBSD benefits enormously from user contributions (both commercial and hobbiest), yet has no requirement to make changes public.
Oh it MUST matter you say - it's the PRINCIPLE.
Well it's YOUR principle.
The title should be rephrase:
"How Hardware Makers Come to Comply With Free Software Licenses" These are the extremely rare cases, and in truth any company that is spending time worrying about little things like this has probably so lost focus it won't be around for long.
I worked at a company where I saw the GPL license removed and replaced with an internal copyright. It was an embedded system using a GPL UI toolkit.
I think the problem started with developer ignorance on copyright and licensing, then moved to self-preservation. The same cycle then went up through the management. To hide the error from the highest management, another UI toolkit was written which they said they were doing for better features and performance - it turned out to be worse and in the mean time the project changed license to LGPL.
If manufacturers think they are going to be bitten by OSS licenses, what will happen is that they will do one of two things:
1: A wholesale move to BSD licensed software with no restrictions on redistribution. This isn't good, but not bad.
2: Punt the whole idea of OSS to the curb and go with closed sources solutions. Closed source is attractive to a lot of companies in the respect that they pay the licensing fee, ship the products, and not worry that some program was mis-licensed somewhere in the chain. The license fee also idemnifies them from any patent issues that might come up from upstream in the chain. Windows CE at the low end is only $3.00 a device. There are companies that were so concerned about the GPL v3 that they ditched Linux wholesale and went with closed source solutions for fear that they would have to give all corporate trade secrets to anyone that asked.
You can't. You can de facto violate a license granting you privileges that copyright otherwise forbid, thereby nullifying the license and thereby committing copyright infringement. No stealing is involved.
Copyright is bad, period. The real issue at hand is fraud and abuse of existing copyright enforcement. Piracy is bad when you claim to be the maker of a work you're not a maker of, claim to be a distributer of a copy from a maker when you're not, or you try to force people to stop making copies or modifications of your copy. Violating licenses, like the GPL, is good when you make it clear that you're not the original maker and that you're trying your best to make code available for others to modify, even if you're not really sure you can mix all the code together under a license (thinking mixing GPL code and CDDL code) legally.
Oh, and obviously, bad != illlegal, good != legal.
Eurohacker European paranoia, gun rights, and h
This specious argument has been bandied around by shameless pirates for a long time and it's simply not true. For example, if 90% of users of an application are pirates, the software creator has probably not earned enough from the 10% buyers to cover the cost of creating the software, in which case, it is theft. Did you stupid pirates think for one second that the retail price involves more than just the manufacturing cost?
In fact, retail price of software = manufacturing cost + distribution cost + creation cost + profit.
Here, creation cost involves time and money (eg: programmer salaries) spent in creating the software. And the software publisher has to recover this cost before it can make a profit. Without copyright, there is no way to recover the cost as hardly anybody is willing to pay for something that is free. The end result of removing copyright will be that nobody will bother creating good software.
We have different words for these things because they are not the same. This does not make either of them right or wrong, or justify doing one but not the other.
If you can't hold more than one idea in your head at a time then you're the moron.
mistake?
"slashdot" is not against the proliferation of open source code.
Feel free to download, modify and spread any GPL licensed source (we on slashdot would like to do the same with music and film).
Copyright is not a goal in GPL.
It is a tool, to preserve the freedom of being able to modify and distribute the modified versions of the code.
It is really amazing some people still cannot comprehend this simple thing.
Patents Drive Free Software as Hurricanes Drive Construction Industry
...that those companies usually did not intend to break the license in a bad way. After all there's next to no cost in doing it the right way.
So please contact them in a friendly way, and remind them that the rules to get this software for free, is that you have to continue letting others getting it for free. In case of the GPL, even if you modified it. If they don't want that, which is also OK, they have to use another, possibly commercial, product. Or perhaps BSD (which, when you look at Windows, works also well).
But remind them, that the reason they can actually get it free, is that others gave their code away for free. If everybody would do it like them, and not give away the code, then nobody, including themselves, could get any free software anymore.
Only if they then ignore you, and deliberately continue to do it, sue the hell outta them with no mercy whatsoever.
Sun Tzu already recommended this strategy in the 6th century BC, in his book "The Art Of War".
Any sufficiently advanced intelligence is indistinguishable from stupidity.
Free software licenses? You mean copyright licenses like the GPL, which the FSF website says "assures the copyright over the software?" I thought Slashdot was opposed to copyright law and that you couldn't "steal" intellectual property because it wasn't physically taken from someone else? Why is copyright bad in pro-piracy articles and good in free software articles?
Very easy. In proprietary cases I benefit nothing from it. In FOSS cases I do benefit from it, in terms of me being a part of the public and that something was taken from the public. What? Are you going to point at me for not fighting other peoples battles? No? Didn't think so.
I am the lawn!
For years Harald Welte has been the only serious chaser I know of. These two have been keeping their work a secret, I guess. More power to them if they're actually tracking down GPL violators, whoever they are. This task is thankless and unappreciated. Most authors can't be bothered.
Copyright infringement is that, copyright infringement and *not theft*.
This specious argument has been bandied around by shameless pirates for a long time and it's simply not true.
This is not a "specious argument". It's just the law. In your country and in mine. Just as "slander" and "murder" are considered different by the law in most countries (and for a good reason). Both are punishable, but they are just defferent. Get a grip.
...the CE company I work for does use GPL code, only just GPLV2. We heavily invest in Linux too.
Its probably not called patience... I would bet it is called bookmarking. I also wager he has used that link before as it is pretty keen.
This specious argument has been bandied around by shameless pirates for a long time and it's simply not true. For example, if 90% of users of an application are pirates, the software creator has probably not earned enough from the 10% buyers to cover the cost of creating the software, in which case, it is theft. Did you stupid pirates think for one second that the retail price involves more than just the manufacturing cost?
Theft = criminal law
Copyright violation = civil law
Notice a difference? Or are you just another armchair (IANA)lawyer who shouts first and thinks later(if at all)?
As for your argument regarding 90% of the software's users being pirates...how many of these pirates would have actually bought the software if there was no way to pirate it? Without that particular figure your example is useless.
People replying to my sig annoy me. That's why I change it all the time.
Just the ones who think using the term "piracy" for sharing something you already paid for is bullshit.
You are welcome on my lawn.
Well the point I think that's being made is that if the tool is the same in either case and it's just who wields it that's the difference? Then copyright debates on slashdot should be focusing on the wielder not the tool.
Well -- I don't know what you mean by "copyright debates": you might mean two things:
I'd say most debates don't turn around (1) but (2).
Thus I'm OK with Sony or whoever has the copyright to that recordings claiming copyright to the recordings by the Spice Girls, same as the FSF claiming the copyrights to the Emacs Sources. No difference here.
It's the "RIAA" calling copyright infringement "theft" to dramatize things and trying to "realize" the mataphor of "intellectual property" I have a problem with.
Also I think the point should be made that a form of the GPL could still exist and have power under contract law.
The GPL is in fact a kind of contract.
"I am able to imagine a society without copyrights, patents and even trademarks: we wouldn't need the GPL there. "
As long as they're two or more parties with differing goals, there will always need to be contracts.
No disagreement here. I was talking about copyrights and patents, not contracts.
"Creation cost?" Is that for the Word made Code?
"Creation costs" as you so speciously put it, are already monetized by the time the product hits the shelves. Further, if I've bought a copy of a movie, I've already paid my little share of the .01 % of the sticker price that goes to "creation costs" and if I want to sell that DVD or share it on a file sharing site it does not make me a "shameless pirate" any more than Company X ruining Company Y through the use of intellectual property lawsuits makes them "shameless murderers".
Now go fuck yourself.
You are welcome on my lawn.
I also don't believe for a second that linux would have got where it is today, with multiple big-name companies supporting it and contributing to it if they had not been forced to reopen their changes.
Sure.
Thirdly, lots of people don't like the idea of contributing to a project which can then be swept up and used by commercial entities without them being made to have the courtesy to contribute back.
And some people don't care where their code is being used. PHK, who developed the MD5 password hash, now has his code running on every single Cisco box, is one of them. Same for the OpenBSD guys, who developed the Blowfish-based password hashes, as well as OpenSSH (which is in just about everything).
Do you think the TCP/IP stack would have spread as quickly as it did if it wasn't licensed under BSD? Do you think Sun, AIX, HP-UX, etc., would have pulled in the code if it was GPL?
At this point BSD is basically an also-ran. Great project, great OS I'm sure, but not on the same level as linux or supported in anything like the same way in terms of FOSS and commercial software. At least a some of this is down to the environment created by the differing licenses.
Apple ships more Unix desktops than any other vendor out there.
NetApp: FreeBSD
Juniper: FreeBSD
Isilon: FreeBSD
Force10 Networks: NetBSD
Cisco: rumoured to be FreeBSD: http://it.toolbox.com/blogs/bsd-guru/freebsd-at-cisco-21312
Just because you're not running it on your desktop (or server), doesn't mean you don't use BSD everyday behind the scenes. The projects are doing just fine.
This specious argument has been bandied around by shameless pirates for a long time and it's simply not true.
At least in the UK, the courts have held a clear difference; in the case of Oxford v Moss, the courts ruled that under the 1968 theft act information is not necessarily intangible[sic] property, and therefor cannot be stolen.
If I have nothing to hide, you have no reason to search me
Let's say that you lived in a time when slavery took place, you opposed slavery, and you spoke out against it....
Then, you go to a slave auction, buy as many slaves as you can afford, and then let them go...
Would that make you a hypocrite for buying slaves?
(And I am not comparing the current copyright law to slavery)
Even if you are opposed to copyright, using "copyrights" to weaken copyright (by making it impossible for someone else to close the source) is not incompatible with that goal. Further, most here aren't against any form of copyright, but do believe that it has grown far out of control in scope, term, and enforcement. I don't think we'd be having this conversation, or that you'd even have any need to trot out this same old troll you do every time an open source license comes up, if copyright were a 5-10 year term, commercial-use-only type thing.
When you start suing people for hundreds of thousands of dollars because they downloaded songs that would have cost a few bucks, yes, people are going to see the punishment as grossly disproportionate to the crime and react appropriately. Most people consider downloading songs or software much like speeding-technically illegal, but not really particularly bad, and certainly widely done. You'd see the same reaction if they started charging hundreds of thousands of dollars for a speeding ticket.
Your position is, ultimately, a very simplistic one on a very complex subject. Copyright exists (at least in the US) to "promote the progress of Science and the Useful Arts". That is its only purpose. It is not to ensure that anyone gets a paycheck, it is not to establish a property right (which is one reason I'm against the term "intellectual property", copyrights, patents, and trademarks are a limited exclusive-use right, not a property right. This is aside from the fact that they're also totally different things and lumping them together is confusing as to what actual aspect of "intellectual property" you're even talking about). It is in no way intended to "reward creative professionals". It's there to give them enough incentive to keep doing what they're doing, and not a bit more. I totally eliminating copyrights and patents would likely result in more creative output than any other way, the Constitution would not only allow but require that they be eliminated, as at this point they would be hindering the progress of science and art.
As far as your question on theft, you can't steal it. That has nothing to do with whether or not a physical act is involved. I can steal money by cracking into your bank account electronically, and that most certainly is theft. The reason it's impossible for "theft" to apply here is because the thing purportedly being "stolen" is a nonrival good.
The money in your bank account is a rival good, just like a steak in a grocery store or a car in a parking lot. If I take it, you don't have it anymore. If I took it without authorization, and it wasn't mine, I stole it. I could not, however, steal it by simply looking at it, even if you didn't like the idea of me looking at it. You still have it. So, no, you cannot "steal" a song or movie or program simply by looking at it when someone doesn't want you to, any more than you stole someone's tangible object by looking at it when there's a sign asking you not to.
I think one can argue that the current system is well beyond what's needed for that purpose, and may in fact be actively working against that purpose by keeping things locked up too long. Within 10 years, most creative works either have made a profit or never will. We don't need copyrights that can last over a century to provide an incentive, 10 years would be plenty.
Then, we get into the area of registration. People who want to make money from their work tend to register it or at least bother to put a copyright mark on it. Automatically copyrighting everything needlessly locks up content the author couldn't care less about, and creates tons upon tons of orphan works where you couldn't contact the copyright holder to ask permission even if you wanted to. Requiring at least placing a copyright notice, and offering registration for additional protection, is a good balance that would still do quite enough to provide an incentive-it just requires those who want that incentive to do a minimal amount of work to actually
To fight the war on terror, stop being afraid.
Punt the whole idea of OSS to the curb and go with closed sources solutions.
But hang on, if they don't care about violating licences, then what happens when they do this with a closed source solution? I think a commercial company is far more likely to be aggressive at pursuing a lawsuit, than open source authors.
and not worry that some program was mis-licensed somewhere in the chain.
How does this follow? Are open source authors more likely to mis-licence? This is especially a surprising claim, when we're talking about a story where it's the open source software that's being infringed, not the other way round.
Ah, I was waiting for this straw man - someone should just write a script to autopost it to every open source licence violation story, so we can get it out the way.
Care you point me to the place where someone accuses them of stealing, and calls for them to be fined at $150,000 per violation?
Can you also show me a story where Slashdotters were in favour of people who profit from copyright infringement? Slashdot isn't a single entity, if you hadn't noticed, but even if we take the viewpoint of the Pirate Party (which is generally the most "extreme" of the range of viewpoints on this issue), even they still support a 5 year copyright term for commercial use, they just think filesharing for non-commercial use should be allowed.
So let me try my own straw man, bonch: why is copyright good when it comes individuals filesharing, but bad when it comes to companies who rip off individuals?
You're as bad as Lily Allen - here in the UK, she's recently been lobbying in support of the Government's planned law to disconnect people who fileshare, yet she was then exposed as plagiarising articles from news sites, but even more significantly, she is a pirate herself: she was found distributing "mix tapes" of mp3s on her MySpace, including other artists' work, in order to promote her own career (they were still up on her website, until yesterday).
So you'll agree you're really a Chimp, right?
Rather, the goal of GPL appears to be to use copyright to protect its assets while destroying the market for profit-based copyrighted works -- evil-genius scheme, if true.
Could you rephrase this statement, using ability instead of freedom, since freedom implies that the end-user of the software is in some way entitled to modify and distribute it. You are entitled to modify only that which you rightfully own. For example, I'm unable to modify the GPL license since I don't own it. The end-users of software most certainly don't have the right to modify the software since they did not design, implement or test it. But the right to modify can be offered as a privilege, as is the case in many real world cases.
There is always a debate RE free as in beer vs free as in speech. Most people care about free beer, literally and metaphorically. This has always been a challenge for free software advocates, and probably always will be since how can most people care about a freedom that they don't understand?
Even in your metaphor of mall shootings and uprisings against the government, the motives of shooters is never fully altruistic. There is always some self interest that makes the ideals of a situation confused.
If the DVD costs $30, the creation cost is only $300,000? I don't think that enough to even pay for the extras (actors) in the movie.
Ah, that ol' straw man. Here goes:
You can't, but you can infringe their copyright, which is a different, but equally serious, thing than stealing.
Honestly, do you really not get the difference or is 4chan down this morning?
I don't care why you're posting AC
Every western company has to step carefully around the Chinese market. If you're working on a proprietary product, you NEVER license source over there. If a Chinese company decides to rip you off, you've got no recourse.
When you sell software in China, no matter what type, you can only sell a single seat license-- they will break your protection and run it on a hundred.
China's government protects its companies from fair business practices, anyway. Many of the malicious hacks that come from the Chinese government are purely economical- just stealing plans, prototypes, and source code from prominent western businesses.
So, good luck, guys. If these big powerful multinational companies can't get China to pay for what they do to our IP market, I'm not sure what you GPL folks can do. They will say anything they need to say to avoid respecting your license.
Avast ye matey! I am pro piracy you insensitive clod.
Now for something serious.
Piracy is the crime of hijacking ships at sea. This happens frequently off the coast of Somalia, and infrequently in the Caribbean and south-east Asia.
Theft is the crime of removing something from another without permission/compensation. They key is that the property is removed from its owner or the service of the provider is consumed without agreed recompense.
Copyright infringement is neither. Words have meaning.
Besides that, why would anyone think that open source advocates are pro copyright infringment? Copyright is the foundation of all open source licenses, its what gives them power.
Slashdot users
Get their knowledge
From many years
In junior college.
BURMA SHAVE!
I only look human.
My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
The end users may not have the right to modify software. But the owner of a copy of software most certainly has the right to modify that copy.
(insert auto analogy here).
No, there is no difference. And no it isn't stealing; it is copyright infringement and you know that, so why use that stupid analogy?
Still I think OSS software abuse is slightly more serious than private filesharing, notably because OSS software makers rarely make any money from their work. Licensees honouring the license is their "pay for the effort" sort to speak.
Abiding by an OSS license doesn't cost you a dime. Only a bit of extra effort and the occasional e-mail/snailmail received or webserver bandwidth in the case of GPL, or simply making sure that header files are intact for MIT/BSD variants.
That's why I put OSS 'freeloaders' even lower than people who infringe copyright by downloading songs/movies/games. In my opinion stealing someones acknowledgement/due credit is way more insulting than causing a potential lost sale.
If he insists on getting Microsoft office I'll tell him to go buy it.
I'd tell him the same thing, but not out of any sort of respect for bullshit copyright.
I just know if I gave him MS office, I'd end up having to support it. Fuck that!
>> I thought Slashdot was opposed to copyright law and that you couldn't "steal" intellectual property because it wasn't physically taken from someone else?
-1, Slashdot should have a "stick post" that precludes comments like this
But to answer you: fair use, copyright lengths
-- I was raised on the command line, bitch
this problem are many in cellphone business... http://www.techandgizmo.com/
So, if I want to circumvent the GPL on a library, I only have to create a binary interface layer on top of the library and use that layer?
Only if the GPL code and GPL-incompatible code run in separate processes, and any communication between the two processes uses a well-documented protocol with low coupling so that others can replace the GPL-incompatible process with free software.
While you could recompile Unix stuff for MacOS, the Apple faithful would tend to scream at you like pod person for it.
So what do they call you when you recompile Mac OS X stuff for UNIX? An "iPod person"?
MacOS is successful specifically because for 20 years it was NOT unix.
Neither is GNU, which stands for "GNU's not UNIX".
... I was making some music playing hardware, and I accidentally left a testing copy of an MP3 (that I legally bought!), in the final image.
Do you think the RIAA would say, "Oops, it was just a mistake, and since you supply it to so many western companies, it's no big deal. Let's just shake hands and forget about it."
Why should GPL software authors do any differently?
I just had an epiphany; GPL software authors need a GIAA to extort the living crap out of people who abuse the GPL and then kick us back the scraps while they keep 80%! I should patent "new" idea right away!
The end users may not have the right to modify software. But the owner of a copy of software most certainly has the right to modify that copy.
Which I suppose is why most software tries to be "licensed, not sold", despite looking very much like a sale.
Just because we dislike the way copyright is currently done doesn't mean we won't use their own weapon against them.
My blog. Good stuff (when I remember to update it). Read it.
If I contract Company X to provide me with component Y, and I go about my business, all is fine. If Company X stole Y from a third party Z, Z sues myself and X. In all likelihood, some degree of damages gets awarded (ignoring that if Z is small, we simply run out their legal budget and then sue them for a frivolous case), and X has to pay for their damages, and I have to pay. Very rarely will an injunction be issued to stop me from doing business, as the courts will assume that compensation will work. In the case of a patent, they get the injunction, and we probably pay 3 times "fair value" for it to go away, but life moves on.
In the case of GPL, there are ZERO monetary damages, combined with possible multiple owners and statutory violations. The distribution without a license means I either comply or get sued for violation, but there is likely nobody to negotiate or settle with.
In the case I outlined, Company X screwed up, an employee there took a short cut and supplied me with Y, and Y is critical to my business. Perhaps through no fault of my own, I now have a tainted product. There are no monetary damages to award, because the GPL'd product is "free." There is no single IP owner to work out a license with, because it's a convoluted mess. This means that the only remedy is an injunction that stops my business, or my complying with the license, which might be prevented by other components.
Innocent Company me gets caught in the cross hairs. While you are right that I derived benefit, because we are in the world of injunctions and not compensation, even my indemnification is worthless. If I get sued for $500,000 for non-compliance, and I'm indemnified by X, I can claim from X, but there is no solution other than stop.
That's why the GPL and similar licenses are terrifying and viral. If the component stole proprietary code, there would still be damages, but the damages would be worked out by the courts in financial terms while we all conduct business, so we can sell our widgets without concern, we just have an open ended liability. That is MUCH less scary than an injunction with no ability to resolve.
So either:
1: They take open source code, modify it, and keep their modifications closed source.
2: They license closed source code, modify it, and keep their modifications closed source.
I'm not sure why the open source movement should try to appease these hypothetical companies; no matter what, the outcome is the same: no consideration for the use of open source code.
Copyright infringement is neither. Words have meaning.
They do, and that meaning is established by the use of words by native language speakers, and is documented in dictionaries. So go check your dictionary for a definition of "piracy".
"Piracy" in the meaning of "copyright infringement" has been in English language for the last 300 years. You may not like it, and you may believe that the original addition was politicized, but nonetheless it is an established meaning of the word as understood by virtually every English speaker today.
Besides that, why would anyone think that open source advocates are pro copyright infringment?
Reading /. for long enough will inevitably lead one to such conclusion. Granted, not all FOSS advocates are anti-copyright, but a surprisingly large number of them seems to be, and the vast majority of anti-copyright people on /. are also pro-FOSS, if you check their comment history.
Can you also show me a story where Slashdotters were in favour of people who profit from copyright infringement?
Any story involving the Pirate Bay?
There is one issue with most OSS projects, and that is patents. Most commercial products not just chuck you a license, but also indemnify the customer from any patent or copyright issues.
Company "A" uses an OSS version of a utility in their appliance. Some "IP" company has a dubious patent that covers something the OSS utility does. Company "A" gets sued for megabucks + injunctions not to sell their core item that makes them money. Same with any company who uses that OSS product.
Company "B" pays the licensing fee for some closed source code for an embedded utility. The patent troll sues. The provider of the utility gets hit, but the customers are protected because of the contract and the fact they did not know about such a violation. Of course, the troll can sue the licensees, but the chances of having a judge deem the case as having merit, much less going to court is a *lot* less than without the indemnification agreement.
Of course, the GPL v3 comes with its own bag of worms. Anyone who gets any part of the redistributed code gets to know every corporate trade secret that went into the device. For stuff like Tivos, who cares. However, for stuff that does some type of automated manufacturing process where the secret is the catalyst mixture, timing, and so on, this would expose a company to offshore copycats who can, in 3-6 months, offer a competing product for a lot less money due to not having labor or environmental laws in their nation.
Moral: Keep the OSS for general use, but if shipping a product with embedded features, go BSD or closed source. You won't have people outside your office demanding your trade secrets due to GPL v.3, or C&D court orders because some OSS product violated a patent, and someone has a court summons from Texas alleging it.
"Just the ones who think using the term "piracy" for sharing something you already paid for is bullshit."
If I use GPL software in a proprietary app, is it bullshit for me to get in trouble?
after all, it's "free".
Even if a company uses GNU software in a proprietary app, the code isn't any less "free". The only code you don't get are the changes the company made..which weren't yours in the first place.
*head asplodes*
Uh, it is. Giving away and no longer having said something (regardless of what the fucking EULA says) is not piracy, however (i.e. fuck you AutoCAD).
For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
Whatever, whne hundreds of people works for 1-2 years or longer to make a videogame and then what, you think you "bought" these thousands of manhours for $60? Do you want to share their work with anyone? Then write to the software company and make them a fair offer to buy the source code and art assets.
US-UK-Israel: The real Axis of Evil
If I use GPL software in a proprietary app
That's not sharing, that's restricting sharing. If you were sharing the GPL'd code, you'd give people what you got -- source as well as binaries.
The only code you don't get are the changes the company made..which weren't yours in the first place.
If you don't want to share those, why do you think you should get access to the original source? Quid pro quo, huh?
you lose the car when it's retrieved.
You therefore do not like this idea?
Or are you a hypocrite?
"Slashdot" does not hold these positions, and you know it. Straw man arguments are lies.
And Shane Coughlan has also been doing this for years: shane's page on fsfe.org. His work was previously discussed on Slashdot: Tasks of a Free Software Legal Department.
Please help publicise swpat.org - the software patents wiki
...intangible[sic] property, and therefor cannot be stolen.
Intangible is spelled correctly.
Perhaps you meant "...intangible property, and therefor[sic] cannot be stolen"?
Nothing of the sort is implied. You're an idiot.
...intangible[sic] property, and therefor cannot be stolen.
Intangible is spelled correctly. Perhaps you meant "...intangible property, and therefor[sic] cannot be stolen"?
I wasn't using [sic] to indicate a spelling error, I was using it to indicate uncommon usage; how many people have heard the phrase "intangible property"?
If I have nothing to hide, you have no reason to search me