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Brian Aker Responds To RMS On Dual Licensing

krow (Brian Aker, long-time MySQL developer) writes "Richard Stallman's comments on the Oracle Acquisition of Sun left me scratching my head over his continued support of closed-source licensing around open source software. Having spent more than a decade in the MySQL community, I feel that his understanding of the dual-license model is limited, and is at odds with his advocacy of free software. For this reason, I believe his recent statements concerning it need to be addressed. By pushing for the right to turn GPL-licensed software into the heart of a proprietary business model, he is squandering an opportunity for advocacy of open source within the European Union."

10 of 212 comments (clear)

  1. This isn't the first time this has happened. by brennanw · · Score: 5, Insightful

    Ghostview used to have (and may still have) a dual-licensing setup -- the most up-to-date version of Ghostview was under a non-free license that could be purchased by companies that wanted Acrobat support on platforms Adobe wasn't interested in supporting, and the older versions of Ghostview were released under the GPL. I remember RMS commenting on this at the time, and his comment was "I'd rather it be all GPL, but if that's what the creator needs to do in order to support his work so be it."

    Perhaps I misunderstand the article, but I don't see this as a new position or a deviation on RMS' part. I also personally disagree that it's "anti Open Source" -- first, on a pedantic level, RMS would say that the issue had nothing to do with "Open Source," rather it was about "Free Software." ;-) Second, and probably a lot more relevant, if software is licensed under the GPL, then it's licensed under the GPL. You're free to hack on it, distribute it, improve it, modify it, as much as you wish under that license, and any new work you add to that software under that license stays under that license as well. So what exactly are you losing?

    --
    Eviscerati.Org: All Hail the Eviscerati
  2. Re:So what by Microlith · · Score: 5, Informative

    Your trollish demeanor aside, the GPL is nothing like a standard EULA.

    In fact, using GPL software is much like reading a book. The issues of copyright never come into play until you get it in your head that you wish to redistribute the work in question. Copyright says "no you can't, go talk to the copyright holder" while the GPL says "yes, under these terms. If you don't like them, Copyright says no you can't, go talk to the copyright holder."

    Whereas proprietary software requires you read and accept a license before using it. Completely unlike a book.

    Hopefully you will understand Stallman and the GPL better now, or I will have to apologize for feeding a troll.

  3. You're confused. by XanC · · Score: 5, Informative

    The GPL is not an EULA. In your book example, you can buy, read, resell, etc, the book in question. Exactly what you can do with any software, barring (possibly) an EULA.

    You can certainly do all that with GPL software without ever reading or agreeing to the GPL. Agreement is not required for use.

    Other actions, such as making and distributing copies, are restricted by copyright law, and apply to books as well as software regardless of license. The GPL happens to be a license which allows copying and redistribution, actions which are otherwise forbidden by copyright. You only must agree to GPL when you take action that bumps against copyright law.

  4. Re:So what by benjamindees · · Score: 5, Informative

    You are conflating a "usage" license with a "distribution" license. I agree that the former is completely inane. But the latter is a necessary extension of the concept of copyright, and the basis of the GPLv2.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  5. Dual Licensing is a good business model by Bruce+Perens · · Score: 5, Insightful

    Some of us would like to be able to support our development of Free Software directly through the software. Many of us support ourselves in other ways and don't care about this. But for those who want to get the support from the software, dual-licensing is a good way to do it.

    It satisfies the folks who don't like the GPL, because it gives them a different set of rights in exchange for some cash. Both the contributions by other developers who follow the GPL and cash are ways of providing a quid-pro-quo for the original developer.

    What it doesn't satisfy is the folks who want a free ride instead of Free Software, because you have to pay for a commercial license. And IMO that strikes a good balance.

    Even RMS sees this. I think Brian's accusing him of being too moderate. :-)

    Bruce

  6. Re:So what by gdshaw · · Score: 5, Insightful

    The makers of proprietary software force you to agree to a massive, complicated license before you can use their products because they want to control and restrict what you can do. Let's not pretend that GPL software is any different.

    Er, have you actually read the GPL? From section 9 (GPLv3):

    "You are not required to accept this License in order to receive or run a copy of the Program."

  7. Re:RMS doesn't care about open source by vertinox · · Score: 5, Informative

    RMS could not care less about open source. He only cares about free software.

    Well yeah... What is the use of have access to the source code when the license forbids you to modify it?

    That's the different between Open Source Software and Free Open Source Software. I mean Microsoft releases source code to 3rd parties all the time but the strings attached to the code are pretty brutal.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  8. Monty's laboring under a misconclusion by Bruce+Perens · · Score: 5, Interesting

    I met with Monty a few months ago and could not convince him that he could carry out his business although the MySQL server was under the GPL. He appears to be locked into some GPL FUD that MySQL got from a lawyer in service of selling the commercial license even though - IMO - you've never needed one to run the server, just a few of the client libraries.

    So, Monty is now attempting to rebel against the GPL unnecessarily because of this false conclusion.

    Or perhaps his real strategy is to kill the Sun/Oracle MySQL business, leaving him and his company in an advantageous position.

    What makes this doubly strange is that Monty has been paid. Something around USD $100 Million for about 10 years work - a pretty good rate, IMO. Whatever he put into MySQL, he got compensated for. And thus I don't see that he has much moral standing on this issue.

    Bruce

    1. Re:Monty's laboring under a misconclusion by Bruce+Perens · · Score: 5, Interesting

      Please note that I say nothing about the effectiveness of dual licensing as a business model.

      Hi Brian,

      You do, you just don't couch it in those terms. Many - certainly not all - of us need a business model to justify the production of Open Source software. Certainly that was the case for MySQL AG while Monty and you worked there. I very strongly doubt that you would have been able to operate the company while paying yourselves without the dual licensing paradigm which you and the company espoused at the time.

      So, what you said was:

      Dual licensing is anti-open source.

      Actually, it isn't anti-Open-Source at all. It's pro-proprietary-software. You're confusing the two. It is also pro-Open-Source in that it effectively funds its development.

      I am really scratching my head regarding your moral position here. It's the license model you promoted. You got paid a salary. You produced a work-for-hire and the company had all rights to it. You sold the company, and you got paid again through your stock.

      IMO, what you should do is let Sun and Oracle do what they wish with the ownership of MySQL, as the GPL copy will persist forever and you have freedom to continue its development, and your customers can use that server with their proprietary software without a problem. Sun/Oracle can develop or sink their MySQL version as they like, and we don't care because our version lives on. Ignore politics on a mailing list, everybody has a right to carry it out and you can have another, moderated, list if you don't like it.

      And please stop promoting the FUD that the GPL and Sun's rights block you and are somehow unfair to your business. It doesn't, and isn't, and you've been compensated so far beyond the merely "fair" that your protests sound inappropriate.

      Bruce

    2. Re:Monty's laboring under a misconclusion by Bruce+Perens · · Score: 5, Insightful

      Although many small companies claim to have made money from an Open Source based business, there is no evidence that they actually have because they haven't published their financial information. We have actual evidence that only two companies have made money from an Open Source based business, MySQL, and Red Hat. Thus, MySQL accounts for 50% of the profitable companies that we have proof for.