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Google WebM Calls "Open Source" Into Question

snydeq writes "As open source becomes mainstream, vendors are under pressure to market their offerings using the 'open source' brand to the highest degree possible — a trend that may eventually degrade the meaning of 'open source' as we know it, Savio Rodrigues writes. Witness WebM, which Google has positioned as an open alternative to H.264. After examining the software license, some in the open source community have questioned whether WebM should be classified as open source software. Google did not use an OSI-approved license for WebM, meaning that, at least in theory, WebM cannot be considered open source under the OSD — the 'gold standard' by which many government and business open source policies are defined. Moreover, when prodded for OSI review, Google required that the OSI agree to 'changes to how OSI does licenses' as a precursor to submitting a license for OSI review and approval. 'When Google, one of the largest supporters of open source, goes out and purposefully circumvents the OSI, what signal does this send to other vendors? How important is using an OSI-approved license likely to be in the future if other vendors follow Google's lead?'" An anonymous reader adds: "It turns out that libvpx, Google's VP8 library, isn't compatible with the GPLv2. Google is apparently aware of the problem and working on a solution.

26 of 185 comments (clear)

  1. I sense scaremongering by Wesley+Felter · · Score: 3, Insightful

    You don't need the OSI to tell you what is open source and what isn't. Read the OSD and the WebM license and see for yourself.

    1. Re:I sense scaremongering by David+Gerard · · Score: 4, Informative

      Has anyone run it past debian-legal yet? That would also be a credible mark of acceptability as free software.

      --
      http://rocknerd.co.uk
    2. Re:I sense scaremongering by KiloByte · · Score: 4, Informative

      It is not compatible with GPLv2. It is very clearly compatible with GPLv3 (at least the problem section pointed in the article).

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    3. Re:I sense scaremongering by KiloByte · · Score: 4, Informative

      debian-legal is a place for discussion, the final decision is made by the FTP-masters. And lo, libvpx cleared through NEW today, without any bumps.
      The article is merely a trolling attempt.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    4. Re:I sense scaremongering by mzs · · Score: 3, Interesting

      I personally would wait for the FSF to make a statement about GPL3 compatibility, reading both sections from both licenses does not give me a 100% sure feeling that it is necessarily so.

    5. Re:I sense scaremongering by KiloByte · · Score: 3, Informative

      Yeah, no matter how clear it appears to me, it may be better to get a statement from the wolf's mouth. I mailed licensing@gnu.org asking for their word.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  2. FSF Free Software, however. by David+Gerard · · Score: 4, Informative

    Note that WebM is, however, FSF-approved Free Software.

    The FSF is rather more active than the OSI, and is unlikely to, e.g., get its corporate registration suspended just because they were too arse-disabled to get their paperwork in.

    We do need some sort of organisation like the OSI, perhaps even the OSI itself. But I'm entirely unsurprised someone would consider the present OSI just not to have its shit together enough to be taken seriously.

    --
    http://rocknerd.co.uk
    1. Re:FSF Free Software, however. by mzs · · Score: 4, Informative

      That link makes no claims that it is a FSF approved license, just that FSF is a proponent of using WebM format on the web. I would imagine a FSF approved license would be one of the GNU ones. They make statements about which licenses are GPL compatible at times, this was not such a statement either.

    2. Re:FSF Free Software, however. by pavon · · Score: 3, Informative

      I would imagine a FSF approved license would be one of the GNU ones.

      Actually the FSF approves of using any license that meets their definition of free software. They discourage the use of GPL-incompatible licenses for new projects, but have no problem with contributing to existing projects under an incompatible license.

    3. Re:FSF Free Software, however. by David+Gerard · · Score: 3, Informative

      It's an official FSF press release in which the FSF states that it's free software. It's not a place in their list of approved licences, but it is the FSF officially calling it free software. What you "would imagine" is incorrect - there are many licenses the FSF lists that are not GPL-compatible.

      --
      http://rocknerd.co.uk
  3. Re:Dear OSS Zealots by ceeam · · Score: 4, Funny

    Uhm, haven't you just redefined GPL?

  4. Kinda misleading by jythie · · Score: 3, Informative

    This sounds a lot less like 'google calls open source into question' and more 'google calls OSI into question'. I am not immediately seeing anything in this license that makes it sound non-OSS, all it seems to be lacking is the rubber stamp of a particular group within OSS, which is not the same thing. Especially since google's complaints about OSI do not seem to be related to software but instead to process.

    1. Re:Kinda misleading by fermion · · Score: 5, Insightful
      Certainly it seems like an issue with OSI, not with open source in general. In particular can someone explain this:
      2) We will want the bod list archives open for any discussions of webm. We are not comfortable with OSI being closed.

      Why would an open source firm lack transparency?

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  5. compatibilty by mzs · · Score: 5, Informative

    I am not a lawyer. Here's the gist. the license is not compatible with:

    GPL, GPL2, LGPL2

    compatible with:

    BSD, MIT

    likely compatible with:

    Apache, CDDL, Mozilla

    unlikely compatible with:

    GPL3

    This all boils down to the patent clause at the end. It makes further restrictions upon distribution. They are worded in a way that looks to be compatible with Apache and the like, but someone from the FSF should really step in and announce if the two different patent clauses are compatible in GPL3 and WebM license.

    That's all that really matters to most, it is not an OSI approved license, since it has not been submitted. That matters to some organizations in choosing a license.

  6. Google wants "changes to how OSI does licenses'" by HaeMaker · · Score: 4, Insightful

    Well, here is what Google was concerned about:

    1) We will want a label explicitly deterring the use of the license.
    2) We will want the bod list archives open for any discussions of webm. We
    are not comfortable with OSI being closed.
    3) We need to know OSI's current corporate status. I heard that osi was a
    california corporation again, but I would like to know, from the group, that
    this is true for 2010 and that there aren't any issues there.

    So, they want the OSI to be more open, and they want to discourage the use of the WebM license by others to prevent license sprawl, and they want to verify OSI's corporate status.

    Anyone else have a problem with these changes? They seem help everyone.

  7. Re:Dear OSS Zealots by jedidiah · · Score: 4, Insightful

    Use a brand new license and people are right to be suspicous.

    Licenses are like reading someone else's source code. They're bastard cousins of contracts
    and contracts are complicated twisted things specifically engineered to try and screw the
    other guy. This is a reason to avoid license proliferation and a reason to stick to what
    is well understood. Legal language has consequences.

    So the obvious question is why has Google chosen to add to the mix or start from scratch.
    What are they up to? What is the motivation that already isn't encapsulated in one of the
    pre-existing licenses.

    A new license needs to be vetted just like any other legal language.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  8. Re:This strikes me as misleading by David+Gerard · · Score: 3, Insightful

    The OSI seems upset that someone has finally said "sorry, you're too arse-disabled to take seriously. You want to be taken seriously, get your shit together."

    The licence is Free Software as far as the FSF and Debian are concerned.

    --
    http://rocknerd.co.uk
  9. It is 'Open' enough for me,if it has the following by lazy_nihilist · · Score: 3, Informative

    * Freedom 0: The freedom to run the program for any purpose.
    * Freedom 1: The freedom to study how the program works, and change it to make it do what you wish.
    * Freedom 2: The freedom to redistribute copies so you can help your neighbor.
    * Freedom 3: The freedom to improve the program, and release your improvements (and modified versions in general) to the public, so that the whole community benefits.

  10. What's funny by einhverfr · · Score: 3, Insightful

    Google's license for this software is just an approved BSD license + a narrow patent license. If it'd be open source without the patent license, I'm not at all sure why it wouldn't be open source with an added patent license which is along the spirit of the original license.

    This controversy is STUPID. Next we'll hear bitter complaints about how PostgreSQL's not "open source."

    --

    LedgerSMB: Open source Accounting/ERP
  11. Re:Did any of you actually *read* the controversy by c0d3g33k · · Score: 3, Insightful

    What pem said. The original summary above is full of hyperbole and epic levels of FUD. A thread on a mailing list elevated to the status of News. Sheesh. Slashdot editors, please use some discretion.

    For those Slashdotters who want the executive summary, go read the LWN thread from 4 days ago: http://lwn.net/Articles/388883/

  12. Re:seconded! by h4rr4r · · Score: 3, Insightful

    Were we would be?
    We would have no access to source, companies would feel free to use works with no giving back to the source and we would have a massive tragedy of the commons. Yeah, that sounds great.

  13. dilution of "open source" by bcrowell · · Score: 3, Insightful

    Whatever the merits of this particular disagreement, the term "open source" is definitely getting diluted in the same way that "organic" and "innovative" have been diluted. I went to a symposium in LA last year about the governor's Free Digital Textbook Initiative. There was quite a mix of people there -- teachers, education bureaucrats, open-source software types, authors of free books, people from hardware companies, and people from traditional textbook publishing houses. Everyone was using "open source" like it was magic pixie dust, sprinkling it on everything to make it seem shinier and better. Pearson's rep referred to the consumable workbook it submitted as "free and open-source" -- actually it's just a PDF file that you can download and print, but that you can't redistribute, modify, etc. Houghton Mifflin Harcourt's rep, when questioned about DRM, said that her company was committed to DRM, and envisioned its DRM'd materials being mixed and matched with open-source ones. Both said that they wanted to be service providers (think Red Hat), rather than just content providers (a la Microsoft) -- but, hey, they produce really great content, too. Apple and Dell's reps argued for open formats such as XML.

    Part of the reason for the confusion is that people are confused about applying the term to anything other than computer software. When I've mentioned here on slashdot that I was the author of some open-source books, I've sometimes gotten reactions amounting to, "You're an idiot. You don't even know what open source means." This despite the fact that the books are under a GPL-style copyleft license (CC-BY-SA, same as Wikipedia) and their source code (written in a programming language called LaTeX) is openly available and free for redistribution and modification under that license. It sounds like there's similar confusion here because people aren't distinguishing clearly between the issue of WebM as an open format and the implementation of WebM in open-source software. Who the heck cares whether google's reference implementation is open source, as long as the format is openly defined and usable without paying patent royalties? The first implementations of html by NCSA weren't open source according to the modern meaning of the term, but html was certainly an open format.

  14. Re:Dear OSS Zealots by Kjella · · Score: 3, Informative

    Actually, quite many licenses are GPL-compatible without being the GPL. They tried very hard in the GPLv3 to make more licenses compatible by letting you add various bits:

    a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
    b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
    c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
    d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
    e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
    f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

    But yes, ultimately the GPL says "no more restrictions". It doesn't matter if those restrictions are a good idea or not, if noone thought to include them in the license text they're not permitted.

    Oddly enough, if I look at the GPLv3 under patents there's one word I'm not seeing here:
    "Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version."

    The word I don't see is "irrevocable". Does this mean Google's patent termination clause is GPLv3-compatible? Good question indeed.

    --
    Live today, because you never know what tomorrow brings
  15. Re:You want open? by KiloByte · · Score: 3, Insightful

    A "BSD" license is open.

    Especially in the nether region, inviting anyone like Apple to exploit you without giving anything in return.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  16. Re:You want open? by VisceralLogic · · Score: 3, Insightful

    A "BSD" license is open.

    Especially in the nether region, inviting anyone like Apple to exploit you without giving anything in return.

    And yet, for some reason, Apple gives back, anyway...

    --
    Stop! Dremel time!
  17. Working on solution? by DrugCheese · · Score: 3, Insightful

    Is this a library Google themselves have written? Why not just open it up and make it compatible with the GPL version in question? If they want to call it open source isn't that the easiest and fastest way to solve it? Do no evil, not do less evil

    --
    *DrugCheese rants*