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VLC Developer Takes a Stand Against DRM Enforcement

jamie writes "The GPL gives Apple permission to distribute this software through the App Store. All they would have to do is follow the license's conditions to help keep the software free. Instead, Apple has decided that they prefer to impose Digital Restrictions Management (DRM) and proprietary legal terms on all programs in the App Store, and they'd rather kick out GPLed software than change their own rules."

717 comments

  1. Looks by Anonymous Coward · · Score: 5, Insightful

    Even if this looks like it all it'll do is deprive users of useful programs, it's still the good fight.

    1. Re:Looks by BrokenHalo · · Score: 5, Interesting

      Exactly. It's not exactly hard to download VLC from its home site. I now use VLC exclusively on my MacBook for playing video media - much easier for those of us living in Australia, with DVDs obtained from the US, UK, Canada and Australia.

      Apple, of course, offers you a limited number of times you can change the region of your DVD device, but VLC just ignores the region setting altogether. As far as I'm concerned, I've paid for legitimate media, the artists involved get their royalties, so Apple has no business standing in the way of my using said media.

    2. Re:Looks by DurendalMac · · Score: 3, Interesting

      I think this is more of an issue with iOS devices, not the Mac App Store.

    3. Re:Looks by tepples · · Score: 3, Insightful

      Exactly. It's not exactly hard to download VLC from its home site.

      But it's hard to install unless you know how to jailbreak your iPod touch, iPhone, or iPad. I'd prefer that people buy a less locked-down device in the first place, but there isn't really an "Android pod touch" in the United States yet.

    4. Re:Looks by commodore64_love · · Score: 0

      >>>I'd prefer that people buy a less locked-down device in the first place

      Like a macintosh?

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:Looks by Anonymous Coward · · Score: 0

      I predict that the rise of the Android OS is going to force Apple to open up their phone to non-App Store apps. You can only keep a technology proprietary for so long before it becomes a commodity. It often takes a decade or two, but Google's push into the smartphone market has pushed that time ahead to approximately now.

      It is a question about when and how they are going to do it, not if. In the meantime just buy a good Android phone.

    6. Re:Looks by macshome · · Score: 2, Informative

      Business customers can distribute their own apps right now via the Enterprise development programs.

    7. Re:Looks by jo_ham · · Score: 5, Informative

      "Apple" doesn't offer you a limited number of region changes, that is part of the firmware of the DVD drive, and is common to *all* DVD drives to be in compliance with the specification. It's a brainless part of the spec, but it is in there at the behest of the movie industry. All of Apple's drives are standard off-the-shelf drives from a number of manufacturers - off the top of my head, they use Sony, Matashita (panasonic), NEC and Pioneer drives, among others.

      VLC can attempt to ignore the region code, but it only works on some drives. Certain ones (usually the more modern Panasonic ones) are crippled further, preventing bypass of the region lock this way. My older Powerbook's drive can be bypassed with VLC, but my newer iMac's drive doesn't work like that and required that I patch it with an RPC-1 firmware.

      In order to actually sell a DVD drive, it has to have this brainless region coding - the manufacturers who make them would face licensing consequences if they shipped region free drives. Apple itself does not make DVD drives, but they are affected by this downstream - they can't install custom firmwares that remove the restriction.

    8. Re:Looks by Anonymous Coward · · Score: 0

      Sure there is. In the K-Mart sales paper this morning there's an Android tablet on sale for $149 from some manufacturer called Augen.

    9. Re:Looks by SaDan · · Score: 4, Informative

      The App Store is coming to desktops and laptops in the next edition of OS X, so this applies to ALL of Apple's "computing" products in the near future.

    10. Re:Looks by AmberBlackCat · · Score: 1

      Apple, of course, offers you a limited number of times you can change the region of your DVD device, but VLC just ignores the region setting altogether. As far as I'm concerned, I've paid for legitimate media, the artists involved get their royalties, so Apple has no business standing in the way of my using said media.

      I thought the region encoding was built into the dvd rom's firmware. I was thinking I'd have to install two dvd roms in order to play US and UK DVD's. Maybe I should change the drive region and see what happens.

    11. Re:Looks by Sloppy · · Score: 1, Insightful

      No, Apple is not fighting the good fight. If Apple users gained some benefit from Apple's decision to deprive users of useful programs, you might be able to make a case for that, but this is all penalty for no gain.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    12. Re:Looks by h4rm0ny · · Score: 4, Interesting

      That's curious. Nearly all of the DVD players sold in the UK (unless you're only talking about drives for computers?) are region free.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    13. Re:Looks by Mitchell314 · · Score: 3, Informative

      So? Anybody with a laptop/desktop can still download the program the normal way sans apple store.

      --
      I read TFA and all I got was this lousy cookie
    14. Re:Looks by OnePumpChump · · Score: 0, Redundant

      Great. I just ordered a new DVD drive. If I'd known this I might have tried to get one from the UK.

    15. Re:Looks by Anonymous Coward · · Score: 0

      Exactly. It's not exactly hard to download VLC from its home site. I now use VLC exclusively on my MacBook for playing video media - much easier for those of us living in Australia, with DVDs obtained from the US, UK, Canada and Australia.

      Apple, of course, offers you a limited number of times you can change the region of your DVD device, but VLC just ignores the region setting altogether. As far as I'm concerned, I've paid for legitimate media, the artists involved get their royalties, so Apple has no business standing in the way of my using said media.

      Nice try, chucko!

      Posting here on /., you should certainly be savvy enough to realize that there are few, if any, DVD drive vendors that allow unlimited region-code changes. Therefore, it isn't an "Apple" problem, but an "industry" one.

      Stop spreading FUD.

    16. Re:Looks by couchslug · · Score: 0, Troll

      "But it's hard to install unless you know how to jailbreak your iPod touch, iPhone, or iPad. "

      That was eagerly accepted when buying hardware the maker prefers to lock down. Buying such hardware is an eager endorsement (handing someone money for toys = "eager") of their business practice.

      Those who don't like the view from under the queening stool have other choices.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    17. Re:Looks by jo_ham · · Score: 2, Informative

      I live in the UK, and I am aware of this. It's shaky ground as far as the licensing goes - they are technically in breach and could be challenged.

      Now, the argument against the lock is free trade, and could explain why no one has gone after this infringement yet. The other reason could be simple economics - DVDs in the UK are just as cheap as in the US now, meaning the incentive to import cheaper discs from other markets is much lower now than it used to be (remember when DVDs were well over £20 each, and the equivalent disc was $15 - I used to order them from the states for this reason, and my trusty chipped Pioneer DV-515 is still going strong to this day).

      All computer DVD drives are shipped as RPC-2 (firmware locked) as far as I know since they are manufactured for the global market, unlike some standalone players that can be unlocked with a code punched into the remote, or are just region free out of the box which are made specifically for regional markets.

    18. Re:Looks by Anonymous Coward · · Score: 1, Informative

      You all might want to check out www.rpc1.org. It explains the situation in detail, and has firmware fixes that will work around the DVD CSS region coding limitations programmed into most modern dvd drives' firmware.

    19. Re:Looks by harlows_monkeys · · Score: 1

      For an extra $99/year, you can buy from Apple the ability to build and install open source apps on your phone.

    20. Re:Looks by Anonymous Coward · · Score: 2, Interesting

      All this fight is doing is depriving iOS users of a helpful piece of software that they really need. It's not helping VideoLAN, it's not helping the developer, it's not helping Apple, and it certainly is not helping the users.

      Look at what iD did: they've got DOOM on the App Store (and AFAIK it's still there). Carmack based his port on a GPLed mod of the engine to speed development time. Instead of asking Apple to remove the DRM (which they won't do), he gives out the code and instructions on how to build it.

    21. Re:Looks by uglyduckling · · Score: 4, Insightful

      You could just as easlily say that the GPL is incompatible with the App store as the other way round. The claim is that because the App store has some restrictions (e.g. you can only install on 5 devices per download) and the GPL doesn't allow any extra restictions, that this is Apple's fault. If the owners of VLC want it on the app store, they could easily re-license it under a more permissive license that would be compatible. There's loads of situations outside of the app store where a piece of software might be subject to 'extra' restrictions. I don't think this is a deliberate decision on Apple's part to remove GPL apps, it's more a clash of cultures that either side could fix, and when Apple are told by someone that a certain app is incompatible in license with the App Store, it's perfectly natural for them to remove it as the first action.

    22. Re:Looks by Anonymous Coward · · Score: 0

      Yeah, you may want to check the point on the region thing - I can walk into any electronics store in South Africa and buy a multi-region DVD player. Consider, too, that I can play a region 2 DVD and play it on a region 1 PC. Doesn't sound like a hardware restriction in the slightest.

    23. Re:Looks by Vintermann · · Score: 0, Troll

      How long until you will have to?

      --
      xkcd is not in the sudoers file. This incident will be reported.
    24. Re:Looks by Myopic · · Score: 1

      Hello, friend. Last week I bought an Archos 5, and all week I've been describing it as an "Android pod touch". I got mine for $200. Good luck.

    25. Re:Looks by Anonymous Coward · · Score: 0

      However, my Dell notebook has never played a DVD except in GNU/Linux and happily accepts all region codes. I find several explanations for this: perhaps the OS never tells the firmware to fix a zone, if you never play DVDs in Windows or OSX, or perhaps Linux just works around the zone restrictions.

    26. Re:Looks by RotateLeftByte · · Score: 2, Interesting

      Ok then. Ask youself these two questions.

      1) exactly what version of Android is it running (my guess 1.6) ?
      2) Can this version be upgraded ? (my Augen Tablet can't be upgraded)

      So very well shell out your $149 + tax but you will be in a software dead end.

      My advice to anyone who want (note the word wants..) and Android tablet is to wait until Android V3 ships and decently priced Capacitive Touch Screen Tables get released.
      The whole user experience will be a whole lot nicer and you will be $149 (+tax) better off.

      Also, the Android AR Apps I'm writing now won't work on Android V1.6 (well they won't be supported)

      --
      I'd rather be riding my '63 Triumph T120.
    27. Re:Looks by Anonymous Coward · · Score: 0

      "but there isn't really an "Android pod touch" in the United States yet."

      Yes there is, and lots of choice. Just search 'Android' on amazon. Granted, some don't have the app store or an old version of android, but not all.

    28. Re:Looks by DJRumpy · · Score: 4, Insightful

      I think you're being naive. Why would they do that when the App store is a huge success? Every handset maker out there is selling Android device, yet Apple is still holding its own quite nicely, with a single model from one company and one mobile provider, and that is soon to change in 2011, when they expand to Verizon, and open an even bigger market to Apple. You also misunderstand the motive for the App store. They make enough to break even with perhaps a tiny bit above board. The App Store was never about profit.

      I predict that the rise of the Android OS is going to force Apple to open their phone to non-App Store apps.

      Statements like this remind me of the 'Year of the Linux Desktop' claims. Linux, like Android, is an excellent piece of software, but you vastly overestimate the draw for 'open' to the typical end user. Hell Linux is free yet it has a tiny portion of the desktop OS. In other words, you can't give it away (well not in any significant numbers that is). A FOSS App Store might give slashdotters a nerd-gasm, but to an average Joe, it's just another gimmick without a 'must have' appeal considering the sheer number of apps they have to choose from. Ask someone on the street if they would rather use VLC because it's GPL and they would just look at you with a blank stare until you explain what GPL meant.

      I have to wonder if part of the anti-Apple movement in here lately is simply because Apple, although they are a tech company, lives, eats, and breaths, without any input from the techie crowd. That's a total reversal from even 10 years ago where most family members always had someone they know who was PC savvy and helped with decisions like that. I think that tends to leave your typical geek a little miffed. 10 years ago, you had to know a geek to do something as complex as upgrading your OS, or backing up your software (some of the basic functionality that today's devices provide with no configuration needed).

      Now anyone can buy a device, download some music, sync some videos, install any number a quarter of a million apps, backup their data, upgrade their OS, all without ever needing to ask the family geek for help.

    29. Re:Looks by rossdee · · Score: 3, Interesting

      DVD drives are relatively cheap. Buy a couple external ones and set them to the other regions you want to use. Don't tell the MPAA .

    30. Re:Looks by tepples · · Score: 0, Troll

      Most free software developers are in no position to afford $99 per user per year.

    31. Re:Looks by marcel · · Score: 0, Troll

      For now yes. The next MacOS release will require signed applications and guess what.... only Steve gets to sign.

    32. Re:Looks by Anonymous Coward · · Score: 1, Insightful

      Yes yes, c64 everyone here knows that you like your macs. Your one of the loudest fanbois around.

      But I digress, you do realize that your precious Mac is made by the same company that makes those locked down ipods... right? Well the question is what makes you think that they wont use these apparently successful results from the iDevices to force the same rules onto Macs. I mean I'm sure Stevie would love to be able to force everyone to buy ALL software from him.

      Just food for thought, personally I bet that within the next 5 years you will have to jailbreak your mac just to install free software like VLC.

    33. Re:Looks by Gizzmonic · · Score: 4, Funny

      For now yes. The next MacOS release will require signed applications and guess what.... only Steve gets to sign.

      Yeah, Obama's secret Muslim death panel task force called the Trilateral Commission and told them to exclude all non-signed applications from Mac OS X 10.7. Also, Steve Jobs is a Reptar.

      --
      (-1, Raw and Uncut is the only way to read)
    34. Re:Looks by metamatic · · Score: 2, Informative

      I'd prefer that people buy a less locked-down device in the first place, but there isn't really an "Android pod touch" in the United States yet.

      Yes there is. Archos 28, 32 or 43, starting at $99, all running Android 2.1 or greater, available from Sears.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    35. Re:Looks by Lunix+Nutcase · · Score: 5, Insightful

      The next MacOS release will require signed applications and guess what.... only Steve gets to sign.

      Only for those things put on the App Store. The app store will not be an exclusive place to download apps on OS X. Stop spreading lies.

    36. Re:Looks by metamatic · · Score: 1

      Maybe you've never hit a DVD with RPC restrictions. Quite a few companies have given up on them. Or maybe you have an old drive which is RPC-1.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    37. Re:Looks by Khyber · · Score: 0, Troll

      I'll put that bet at within two years and you'll have to suck Job's cock just to turn your computer on.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    38. Re:Looks by commodore64_love · · Score: 1

      >>>c64 everyone here knows that you like your macs.

      Actually I prefer Windows machines. Mainly because they are well-supported by oodles and oodles of software. And yes I know Apple is *starting* to lock-down Macs, such as not allowing Opera browser to use OS 10.7's builtin auto-update.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    39. Re:Looks by Matt_R · · Score: 1

      1) exactly what version of Android is it running (my guess 1.6) ?

      2.2

    40. Re:Looks by CarpetShark · · Score: 1, Interesting

      "You could just as easlily say that the GPL is incompatible with the App store as the other way round."

      Not when the app store flies in the face of decades of standard software distribution/installation practices.

    41. Re:Looks by harlows_monkeys · · Score: 1

      Perhaps, but that's not really relevant from a licensing point of view. Free software licenses (including GPL) generally do not require that the tools you need to build or install the software be free. For instance, it is perfectly acceptable under GPL for me to take your GPL code, and translate it into some language for which the only compilers that exist are proprietary and cost money, or to adopt it to work on an operating system that costs money.

    42. Re:Looks by Anonymous Coward · · Score: 0

      Nearly all off-the-shelf DVD _players_ in the US can be bypassed for region settings, buy most of them are initially locked to R1.

      DVD Drives for computers is what he is referring to however, since we are talking about Apple Computer, which does not manufacture Set-Top DVD Players.

    43. Re:Looks by RotateLeftByte · · Score: 1

      Well, you are one of the lucky ones then.

      An awful lot of the cheap Android Tablets still being sold can't have their O/S upgraded.

      --
      I'd rather be riding my '63 Triumph T120.
    44. Re:Looks by pthreadunixman · · Score: 1

      No they can't easily "just" relicense it. They'd have to track down everyone that ever contributed to the project and ask permission for their changes to be relicensed.

    45. Re:Looks by minorDistraction · · Score: 2, Interesting

      Re licensing may very well not be possible. Like most other FOSS software, VLC includes work of many people. They would have to get each and every contributing author to agree with the re-licensing. The conclusion is very likely: it cannot be done. What Apple would need to do is make a distinction between free and commercial apps.

    46. Re:Looks by The+Hatchet · · Score: 1

      Exactly, just think about it. Every time somebody buys a piece of shit oppressive ass iProduct, they are giving money to the bastards that make it so restricted and evil. Competitors have products with quality just as high in terms of hardware, their products aren't so glossy that using them outside will blind you, and you are FREE to use them however you want without having to risk jailbreaking and voiding warranties and license agreements.

      --
      Where is the mod rating for "scary"? Also, ...
    47. Re:Looks by froggymana · · Score: 1

      But it's hard to install unless you know how to jailbreak your iPod touch, iPhone, or iPad. I'd prefer that people buy a less locked-down device in the first place, but there isn't really an "Android pod touch" in the United States yet.

      Well, actually Archos is releasing Android based Media/Internet tablets, from 2.8" for $100, up to $300 for the 10" tablet. They already have released the 3.2" version for $150. I plan on buying the 4.3" one after it is released.

      --
      "To prevent this day from getting any worse, I'll just read ERROR as GOOD THING" 1GJU8xLuDKDxEs4KLf8fAGyptoDsqvEsBT
    48. Re:Looks by vlad30 · · Score: 1

      ACCC (Australian Competition and Consumer Commission) made a decision that region encoding violates the trade practises act and that means all players in australia must either be region free or come with the instructions to make it region free (usually a crappy photocopied piece of paper slipped into the box at the last second). you should ask apple for the same

      --
      Your'e all thinking it, I just said it for you
    49. Re:Looks by Anonymous Coward · · Score: 0

      I LOVE how all the fucken fanbois crawl out of the woodwork to defend apple

    50. Re:Looks by linzeal · · Score: 1

      If you can code well enough to make even just another derivative application, you should surely be making at least 20 dollars an hour doing something related to IT, CS or programming.

    51. Re:Looks by mug+funky · · Score: 1

      iOS users don't _need_ it. they _want_ it. perhaps when they can't get it without jailbreaking, they'll realise that Jobs is why they can't have nice things. VLC is (in my circles i guess) easily the most used media player on the mac platform, and probably the PC one as well. these are editors, techies, designers, lay people (clients), and kids. i think (hope) VLC has some negotiating power with apple. or it could force apple to fix quicktime... if that's the case, MISSION FUCKING ACCOMPLISHED.

    52. Re:Looks by Anonymous Coward · · Score: 0

      Isn't this a real pyrrhic victory? Apple could just yank all the apps and not have to deal with the legal issues. If they're gonna be sued, it will harm all consumers like me. Thanks you crazy shortsighted protestors

    53. Re:Looks by tepples · · Score: 1

      you should surely be making at least 20 dollars an hour doing something related to IT, CS or programming.

      $20 per hour for 2,000 hours per year is $40,000 per year. Take out income tax and that's $25,000. This covers 250 users.

    54. Re:Looks by shentino · · Score: 1

      Apple is part of the problem because they are cooperating with the enemy in this case.

    55. Re:Looks by jo_ham · · Score: 3, Informative

      It is exactly for the reason I stated in my post - tools like VLC and other such players attempt to read the disk as a DVD-ROM and bypass the region lock. This works for some drives and not others, as I stated.

      One of my machines can do this (a Powerbook), the other one cannot do this (an iMac), and required a firmware upgrade. The only difference is the drive manufacturer.

    56. Re:Looks by AHuxley · · Score: 1

      The app store will not be an exclusive place to download apps on OS X...
      On the mini? On the imacs? Or will you have get some server/developer OS X for just a bit more $$$?
      Its good to expose what a locked down app Mac could be like.
      VLC shows what an non-signed application could be treated like - a sandbox

      --
      Domestic spying is now "Benign Information Gathering"
    57. Re:Looks by ConfusedVorlon · · Score: 2, Informative

      VLC doesn't have 'owners' per se.

      It has a bunch of contributors who have contributed their individual bits of code under the GPL.

      this request for removal comes from a single one of those developers.

      Within the VLC community, there is disagreement as to whether that was the best thing to do - but the fact is; His code is in the app - so he can enforce his copyright.

      There are other developers who feel the same way, and still others who frankly would like to see the app stay in the store. (Broadly they would argue that the spirit of the GPL is met as users can in practice freely access the app, and can get and modify the source at will. Perhaps they're willing to overlook some of the more specific restrictions in order to see the benefit of easy accessiblilty.).

      It really doesn't matter though - any contributor can call for the licence to be respected - and one of them has.

    58. Re:Looks by jo_ham · · Score: 1

      I just used a custom firmware that has had the counter set to infinite. You can change it as many times as you need to. Saves having an extra drive just for my Region 1 discs.

    59. Re:Looks by marcello_dl · · Score: 1

      oodles yes, well supported I guess depends on your standards. Seeing a driver that used to work stop recognizing the network printer after a reinstall, while the same printer works when using a more generic driver seems brittle. Happened to me last friday, not in 2004 BTW.

      Compare that with glitches in debian, which usually survive reinstallation and often are multiplatform and multiarch. THAT is solidity :D

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    60. Re:Looks by Risen888 · · Score: 1

      I predict that the rise of the Android OS is going to force Apple to open their phone to non-App Store apps.

      Statements like this remind me of the 'Year of the Linux Desktop' claims.

      Android is outselling the iPhone right now. Make all the false equivalences you want to, but The Year Of The Linux Phone was last year.

      --
      Hey, I finally got my first freak! Took you long enough!
    61. Re:Looks by Anonymous Coward · · Score: 0

      Openness matters a hell of a lot to the average consumer. Not just openness to software, but also openness to hardware. I think that it is primarily the hardware openness that is selling Android phones at the moment. With Android the customer can choose a phone or tablet that fits their particular needs.

      Apple could fix the hardware assortment problem by launching iPhones in different sizes and an iPhone with a great camera. However, Apple can not fix the software assortment problem in any other way than to drop the walled garden concept. I'm sure they will do it soon.

      Thanks for the psycho analysis by the way. Not sure if it has any merit, thought. I've mostly recommended iPhones to friends and family. Now I just tell them to go to a store where you can get their hands on a few different phones to see which one they want.

      Signed,

      Same AC as grandparent

    62. Re:Looks by Anonymous Coward · · Score: 0

      Parent didn't say they were outselling Android. They said they were holding their own, which they are. Although Android is gaining market share, it is doing so at the expense of Rim, not Apple.

    63. Re:Looks by pro_virus · · Score: 1

      It is for the App Store; not iTunes. So this is the app store for the Mac, not for the iPod, iPad and iPhone. So no need to jailbreak your Apple computer

    64. Re:Looks by Anonymous Coward · · Score: 0

      This is a license issue. You'll support one entity's right to enforce their license (GPL in AppStore) over another entity's right to enforce their license (DVD Region code) because it favors what you want.

    65. Re:Looks by Anonymous Coward · · Score: 0

      actually sell a DVD drive, it has to have this brainless region coding - the manufacturers who make them would face licensing consequences if they shipped region free drives.

      Which makes a free download a more attractive proposition than actually paying for a DVD if it isn't from your region.

    66. Re:Looks by asdfghjklqwertyuiop · · Score: 2, Insightful

      Wow, how generous of them. For only $99/year they'll stop getting in the way of people doing what they want with their own property.

    67. Re:Looks by Alef · · Score: 1

      Linux, like Android, is an excellent piece of software, but you vastly overestimate the draw for 'open' to the typical end user.

      But the thing is that "open" is important to industry. What makes Android successful is that it provides an even playing field for all device manufacturers, since Google really isn't making devices (the Nexus One is a rebranded HTC). Symbian is controlled by Nokia, iOS is not available to anyone but Apple and Windows has failed on mobile devices. Android, on the other hand, provides a standardized platform with a large user base and rapidly growing application ecosystem, it is owned by a fairly neutral party and it is open.

    68. Re:Looks by KH2002 · · Score: 1

      Its good to expose what a locked down app Mac could be like.

      It's fun to indulge one's imagination, isn't it?

    69. Re:Looks by KH2002 · · Score: 2, Funny

      When I need to refer to the Urban Dictionary to interpret the fevered imagination of an Apple anti-fanboi, I know that the argument is getting heated up...

    70. Re:Looks by cheesybagel · · Score: 1

      You probably think all geeks enjoy fixing someone else's machine for free.

    71. Re:Looks by Anonymous Coward · · Score: 0

      That's not true at all.

    72. Re:Looks by billcopc · · Score: 1

      If, by "Windows machines", you mean PCs, you're absolutely right.

      PCs can run things other than Windows, you know. Like Linux, BSD (yuck), Solaris (yuck++), and just about anything else you can shoehorn onto a hard drive. Even Mac OS !

      --
      -Billco, Fnarg.com
    73. Re:Looks by Macrat · · Score: 0, Troll

      Even if this looks like it all it'll do is deprive users of useful programs, it's still the good fight.

      The good fight is FSF loonies getting free software pulled from distribution?

    74. Re:Looks by Anonymous Coward · · Score: 0

      So... The only thing this action will accomplish is to hurt end users, and it's a GOOD thing? Jesus, with attitudes like that, no wonder free software isn't as popular as it should be.

      Forget politics for 10 seconds and think about this from a practical point of view. Anyone could download VLC from the main web site, source and/or binary. As for users not being able to redistribute the download - so what? Even if the terms allowed it, it's not a practical thing to do anyway. And, anyone could download if from Apple for free anyway - Apple even provided free bandwidth. Is apple supposed to distribute the source code in the app store too. I guess it would sync to the memo pad - I mean seriously. Most users would think "what is this junk?"

      Anyway, apple set up standard terms to keep things uniform, it's not like you can really expect them to make 1000 different exceptions for every little case.

    75. Re:Looks by R.Mo_Robert · · Score: 3, Informative

      The App Store is coming to desktops and laptops in the next edition of OS X, so this applies to ALL of Apple's "computing" products in the near future.

      You do realize that the forthcoming Mac App Store is for convenience only and is not the only way to install new applications on Lion, right? This is not the same as iOS.

      --
      R.Mo
    76. Re:Looks by blarkon · · Score: 1

      Open is important to HTC and so on not because it gives them any control over the platform, but because it gives them a free ride on the hard expensive stuff (developing the operating system) allowing them to win on the stuff that they can compete on (which is hardware production). It is like that quote from Snow Crash - that the USA is really good at microcode and pizza delivery. It works for HTC and so on because Android hands over the crown jewels in providing a free operating system and the non-american manufacturers get to make all the profit on the hardware side. The US can't compete when it comes to manufacturing handsets and the thing that they can compete on, the writing of mobile phone operating systems, Google has decided to give away for free. The only people making $ out of the manufacture of mobile devices are companies outside America. While all that's perfectly fine, consider that the US will never be able to compete globally in manufacturing, that where the US can compete - in the creation of intellectual property, a lot of Slashdotters want to give it away for free. How does a country eventually pay for all those devices that are made offshore if it doesn't have anything to sell those offshore manufacturers because the crown jewels, one of the few things the US can do better than everyone else, are a charity offering?

    77. Re:Looks by Anonymous Coward · · Score: 0

      it's so we have to watch the crap they make over here instead of watching the good stuff like Scorch, only a few episodes ever showed in the us, i love the theme song.

    78. Re:Looks by Anonymous Coward · · Score: 0

      you clearly don't understand.
      The VLC developers DON'T want VLC to be available on the App Store, or actually they couldn't care less if whether it is or not. VLC is not a commercial entity, it's a project done at a French small state school to piss the majors off. (coming from the same school, I know what I'm talking about). VLC is done by students as a school project.

      Putting VLC on the App Store was simply a stunt to :
      - have a lot of free advertising for VLC
      - make Apple look dumb (because the French don't like kings and Steve Jobs thinks he's a king)

      VLC will NEVER change the license terms to distribute VLC on the App Store. Mark my words here. Ultimately Apple will have to:
      - change its terms and conditions, and Steve Jobs will be acknowledging to the world that he's not a king anymore because he's sucking VLC's c***
      - remove VLC from the App Store, piss people off and show the world who he really is : a king (and a dickhead)

      understood?

    79. Re:Looks by Oblong_Cheese · · Score: 1

      It is the next stage on the slippery slope.

    80. Re:Looks by Anonymous Coward · · Score: 0

      Archos 43 is a "Android pod touch"

    81. Re:Looks by Requiem18th · · Score: 1

      Though you have to accept that the main problem is buying a Mac, I know, once you've made an investment the only recourse you have is whine and protest, but what we really should be doing is buying from open source friendly hardware manufacturers, or even better open source *hardware* companies.

      Just look at what Firefox did to the web browsing world, from shitty IE everywhere including Macs, to Apple and Google making their own browsers and MS picking up the slack with browsers that actually render PNGs, is there really anything that your MacBook does that couldn't be done with a System76 for instance?

      --
      But... the future refused to change.
    82. Re:Looks by Anonymous Coward · · Score: 0

      If you think that's food for thought, then clearly you are relatively new to the concept.

    83. Re:Looks by dudpixel · · Score: 1, Informative

      The next MacOS release will require signed applications and guess what.... only Steve gets to sign.

      Only for those things put on the App Store. The app store will not be an exclusive place to download apps on OS X. Stop spreading lies.

      Are you that blind you don't think it'll happen in a future release?

      The writing is on the wall - it is only a matter of time. Sometime in the next few years people will be asking how to jailbreak their mac.

      --
      This seemed like a reasonable sig at the time.
    84. Re:Looks by dudpixel · · Score: 1

      You could just as easlily say that the GPL is incompatible with the App store as the other way round. The claim is that because the App store has some restrictions (e.g. you can only install on 5 devices per download) and the GPL doesn't allow any extra restictions, that this is Apple's fault. If the owners of VLC want it on the app store, they could easily re-license it under a more permissive license that would be compatible. There's loads of situations outside of the app store where a piece of software might be subject to 'extra' restrictions. I don't think this is a deliberate decision on Apple's part to remove GPL apps, it's more a clash of cultures that either side could fix, and when Apple are told by someone that a certain app is incompatible in license with the App Store, it's perfectly natural for them to remove it as the first action.

      except that the GPL came out first and the app store came out second.

      And now once again, someone is suggesting the world change to suit apple. and they call US backwards...

      --
      This seemed like a reasonable sig at the time.
    85. Re:Looks by mgiuca · · Score: 2, Insightful

      But it's hard to install unless you know how to jailbreak your iPod touch, iPhone, or iPad.

      That's precisely why it's a violation of the GPL.

    86. Re:Looks by Brobock · · Score: 1

      they can't install custom firmwares that remove the restriction.

      You can install custom firmwares on the mac yourself however that prevent the region change counter from deducting.
      http://forum.rpc1.org

    87. Re:Looks by Anonymous Coward · · Score: 0

      if they would rather use VLC because it's GPL and they would just look at you with a blank stare until you explain what GPL meant

      True, but explaining it wouldn't help and why in the hell should it?

      This is what miffs me about the open source movement. Go ahead and take a stand against Apple ... they won't care. I don't care, and 99.9476% of people won't care. Apple creates commodity devices which 'just work' and that's why people buy them. Don't want VLC available on the most popular commodity computing devices? Good luck in the future, another player will be along shortly.

      part of the anti-Apple movement in here lately is simply because Apple, although they are a tech company, lives, eats, and breaths, without any input from the techie crowd

      Humbug. Apple is far more tech savvy than any computer company to date.. the difference is that they're far more consumer savvy than any electronics company has ever been. If you ignore Steve's (justified) fear of the mobile computing market .. Apple is the bomb, pure and simple.

      I've got to wonder if the anti-Apple movement here lately is the product of corporate shills or the bruised egos of would-be App Store developers.

    88. Re:Looks by Anonymous Coward · · Score: 0

      Consumer players are all region free in Australia (following a ruling by the consumer watchdog, the ACCC).

      But computer DVD drives remain region locked. I'm not sure why the region free ruling didn't apply to computer drives but it sucks to the point where I keep the 3 different drives on my 3 different computers set to 3 different regions (1, 2 and 4) to allow me to rip my DVDs.

    89. Re:Looks by Sehnsucht · · Score: 1

      VLC can play just about everything, but over here in Windows land, Media Player Classic - Home Cinema is the player of choice unless you've got some really broken file.

    90. Re:Looks by Anonymous Coward · · Score: 0

      If the owners of VLC want it on the app store, they could easily re-license it under a more permissive license that would be compatible.

      Or add an license exception.

    91. Re:Looks by julesh · · Score: 1

      I live in the UK, and I am aware of this. It's shaky ground as far as the licensing goes - they are technically in breach and could be challenged.

      Yes, but the point is: all of the major manufacturers do it. Therefore, the licensing body would be on the shaky ground if they attempted to enforce their licences: there'd suddenly be nobody manufacturing DVD drives for the UK market.

    92. Re:Looks by cloricus · · Score: 1

      I don't understand how it is hard to install VLC in the Apple environment?

      On my iPhone 4 for the purposes of this reply I went to the App Store, hit search, typed in VLC, and installed the first result. I now have VLC installed on my iPhone 4.

      I also know that on an OS 10.4 laptop installing VLC is as simple as going to Google, typing VLC, and installing the first result. This will be the same for OS 10.7.

      I would confidently state that VLC isn't hard to install at all.

      --
      I ate your fish.
    93. Re:Looks by uglyduckling · · Score: 1

      There's nothing to defend. This whole story implies some sort of vendetta by Apple against Free software. I'm not a fanboi, I used Linux as my primary desktop for nearly a decade before switching to OS X. The more FOSS people act like jerks the less Apple will be interested in fixing the situations. If enough of Apple's actual customers write them well-reasoned complaints that they can't get the software they want, Apple may well write GPL-oriented exceptions into their licensing terms.

    94. Re:Looks by kdemetter · · Score: 1

      Something tells me i should check this thread again in two years :-)

      Still , it's not impossible for Applet to try to lock down the Mac . They wouldn't even be the first with that idea.

      Remember "Trusted Computing" ?

      A lot of software/hardware companies want nothing more that to lock down everything , as it means great profit for them.
      The only reason they are not going for it , is because the users don't want it.

      Apple actually has a good chance at this : their user base is already used to devices being locked down. So they might get away with it.

    95. Re:Looks by jacoplane · · Score: 1

      This should come out next year in the U.S.

      http://mashable.com/2010/10/22/galaxy-player-50/

    96. Re:Looks by Anonymous Coward · · Score: 0

      Apple is part of the problem because they are cooperating with the enemy in this case.

      Where by "cooperating with the enemy" you mean "choosing not to be sued for breaching the terms of the license which allows them to legally implement a DVD player".

    97. Re:Looks by Anonymous Coward · · Score: 0

      Putting VLC on the App Store was simply a stunt to :
      - have a lot of free advertising for VLC
      - make Apple look dumb (because the French don't like kings and Steve Jobs thinks he's a king)

      VLC will NEVER change the license terms to distribute VLC on the App Store. Mark my words here. Ultimately Apple will have to:
      - change its terms and conditions, and Steve Jobs will be acknowledging to the world that he's not a king anymore because he's sucking VLC's c***
      - remove VLC from the App Store, piss people off and show the world who he really is : a king (and a dickhead)

      understood?

      Dishonest, dumbfuck stunts reflect poorly on the one initiating the stunt, not the target.

    98. Re:Looks by Anonymous Coward · · Score: 0

      Linux, like Android, is an excellent piece of software

      Not surprising, considering that Android isLinux.

      A FOSS App Store might give slashdotters a nerd-gasm

      We call them "repositories." Every distro has at least one.

      I have to wonder if part of the anti-Apple movement in here lately is simply because Apple, although they are a tech company, lives, eats, and breaths, without any input from the techie crowd.

      You mean how they use a BSD system with a Mach kernel? No input from the techie crowd went into it, I'm sure.

      That's a total reversal from even 10 years ago where most family members always had someone they know who was PC savvy and helped with decisions like that. I think that tends to leave your typical geek a little miffed.

      Yes, having more time for hacking and less distractions from "my computer just went blank" is pretty annoying.

      Now anyone can buy a device, download some music, sync some videos, install any number a quarter of a million apps, backup their data, upgrade their OS, all without ever needing to ask the family geek for help.

      I wish.

    99. Re:Looks by nosferatu1001 · · Score: 1

      For now.

      Nothing stops Apple from restricting application installs in future versions of OSX. Nothing.

    100. Re:Looks by Anonymous Coward · · Score: 0

      The app store will not be an exclusive place to download apps on OS X for a couple more versions.

      There, fixed that for ya.
      Quit being so naive.

    101. Re:Looks by drsmithy · · Score: 1

      These are DVD drives for computers, not standalone DVD players.

    102. Re:Looks by h4rm0ny · · Score: 1

      Yes, but the licensing applies to both and if you were going to pick one that it would apply to (for some reason), there are reasons to assume it would be the players.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    103. Re:Looks by Savage-Rabbit · · Score: 1

      Now anyone can buy a device, download some music, sync some videos, install any number a quarter of a million apps, backup their data, upgrade their OS, all without ever needing to ask the family geek for help.

      That's a feature... not a bug.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    104. Re:Looks by tepples · · Score: 1

      PCs can run things other than Windows, you know.

      I know. Geeks know. The majority doesn't know. GNU/Linux on netbooks was a passing fad. And C64_love has every right to prefer Windows to GNU/Linux or FreeBSD if he uses Windows-exclusive applications or peripherals in his job or hobby.

    105. Re:Looks by tepples · · Score: 1

      Those who don't like the view from under the queening stool have other choices.

      The manufacturers of other choices are doing a poor job of letting the public know that there are other choices. Nokia doesn't have N900 in U.S. stores outside of New York, NY, and Chicago, IL, and I haven't seen an Archos 43 media player in stores either, unlike Apple. Nor do they advertise on U.S. TV, unlike Apple.

    106. Re:Looks by Andy+Dodd · · Score: 1

      Yeah, but how long will it stay that way? The writing is on the wall, there is a clear trend in the locked-down direction.

      --
      retrorocket.o not found, launch anyway?
    107. Re:Looks by Anonymous Coward · · Score: 0

      Android market: isyncr (free or paid) - sync yr itunes libs to your android

    108. Re:Looks by jo_ham · · Score: 1

      Yes, I have one on my iMac's drive - very useful.

    109. Re:Looks by zeroshade · · Score: 1

      As one of those 'family geeks' you mention. I can definitively say that we WELCOME ways for everyone to "buy a device, download some music, sync some videos, install any number of a quarter of a million apps, backup their data, upgrade their OS, all without ever needing to ask the family geek for help." It's ridiculously annoying to always be asked by family members to fix things repeatedly. This absolutely has nothing to do with it.

      For the most part, the "anti-apple movement" is because geeks and techies want to be able to tinker with their devices. If a device is technically possible of something, then we want to be allowed to make it do that and get pissed to hell when copyright/drm/proprietary things are used to prevent it. Essentially, if I buy a device, the device belongs to me. I should be allowed to do whatever I want to with the device. Most geeks don't care if they decide to revoke the warranty as a result as long as they can tinker with their device. Apple, right now, is king of locking out us geeks from being able to tinker with and mess with our devices. Thats why we avoid the devices. The problem is that these we're afraid of losing our choice to avoid devices that do this. We're afraid that other companies will follow these same practices and thus we will no longer be able to find an open device that we can just do whatever with.

    110. Re:Looks by Taibhsear · · Score: 1

      I'd prefer that people buy a less locked-down device in the first place, but there isn't really an "Android pod touch" in the United States yet.

      (looks down at his archos 5 that he bought from circuit city before it closed down) Hmm...

    111. Re:Looks by MassacrE · · Score: 1

      Except those do not have access to the google marketplace.

    112. Re:Looks by Anonymous Coward · · Score: 0

      It doesn't do that at all. Have you never used commercial software in a business setting? Installs are limited or licensed to a specific number of machines. If you pay enough, you can install it anywhere (site/enterprise), but not all software has that option.

      There's nothing, except perhaps the combination of features, which the App Store has that has not been done before.

    113. Re:Looks by ncc74656 · · Score: 1

      Nokia doesn't have N900 in U.S. stores outside of New York, NY, and Chicago, IL

      I saw one (a dummy, more precisely, not the real thing) at Fry's the other day...first time I'd run across one. Can't say I've seen anybody actually using one, or any other Nokia phone, lately, though.

      (This was in Las Vegas, but I suspect other stores would have them as well. Price was somewhere around $450.)

      --
      20 January 2017: the End of an Error.
    114. Re:Looks by BrokenHalo · · Score: 1

      Interesting. I'll make a point of checking that out next time I buy a disk drive. In my case, the MacBook in question is a hand-me-down, so I'm not in a position to bitch about Apple's shonky practices.

    115. Re:Looks by BrokenHalo · · Score: 1

      Though you have to accept that the main problem is buying a Mac...is there really anything that your MacBook does that couldn't be done with a System76 for instance?

      In this case, you've picked on someone who isn't actually a Mac fanboy (my desktop systems all run Linux) - but my laptop is a hand-me-down from my wife (thanks to an upgrade) who has specific and clearly-defined reasons for running a Mac. So I have a laptop that I wouldn't otherwise possess, and it happens to be a MacBook. If you want to make some ideological deal of that, then have fun.

      I suppose I could go to the trouble of putting Linux on it, but to be fair, Apple does actually make a pretty good implementation of Unix for the desktop, so I have no particularly good reason to do so. I just use it to run a range of apps that includes a larger proportion of FOSS software than might be typical, and all the usual BSDish utilities are available to be called up from a bash/csh/ksh/tcsh or in my case, zsh shell (all installed by default) in a terminal window.

    116. Re:Looks by jmadams · · Score: 1

      No, wrong, it's a horrible fight. And it's not depriving you of anything. VLC should have never been ported and submitted to the App store knowing Apple's license and policy.

      Getting bent out of shape over a closed system ignoring the GPL license of a voluntarily-submitted GPL application is stupid. Apple didn't ask for VLC. VLC was submitting to Apple within Apple's framework of licenses and restrictions.

      I am not an Apple apologist/fanboy. I'm pointing out what should be obvious.

      Don't like Apple's policies? Don't buy Apple products. Or start a movement of owners of Apple products en mass to request that Apple support GPL licenses. Or jailbreak your idevice and port the app yourself. Again, Apple didn't ASK for VLC.

      As for me, this is a prime example why I tend to side with the ISC/Berkeley crowd.

      Go ahead. Flame away.

    117. Re:Looks by h4rr4r · · Score: 1

      It is in the firmware, but if you read as DVD-ROM and not DVD-Video it is not used. This is the implementation most drives use, some do not allow this and will stop any reads if the region does not match the disk. The solution to this is to not buy those drives or to flash their firmware.

    118. Re:Looks by Requiem18th · · Score: 1

      No big deal, I have a Windows netbook which is used almost exclusively to watch youtube and play a dozen indie games.

      Though that "make some ideological deal of that" is part of the problem not the solution.

      People have to understand that "ideological" is just "long term pragmatical"

      --
      But... the future refused to change.
    119. Re:Looks by slycrel · · Score: 1

      As a 10+ year mac developer, I'm pretty confident that both sides are correct here.

      Home computing is going to diverge into appliance computing and "advanced" computing. Apple, as primarily a hardware company, is happy to push this and we're seeing the beginnings with the iPhone/iPad. They let 75% of the population do what they want without having to know anything about the tech. I expect that apple WILL have devices like you describe. However, to expect them to go 100% in that direction seems disingenuous with computing in general, not to mention the tinker-style training that many programmers get growing up. Long term it would be suicide to get rid of that segment completely. I can see a day that the premium apple's products will be non-appliance products and the lower tiers will be fairly basic for end users who just want to write an email or surf the web.

      There's a huge amount of money out there to be had by bringing the "hard stuff" to a user level where people don't have to know much to get stuff done. That's where apple is headed. Tinfoil aside, I don't think we have much to worry about in the next 10-20 years, this will be a major paradigm shift for computing if they can get it to take off.

    120. Re:Looks by Anonymous Coward · · Score: 0

      Yeah. But the title should read Nokia Developer Takes a Stand Against Apple, since the VLC-dev is Rémi Denis-Courmont, who works for Nokia.

    121. Re:Looks by bickle · · Score: 1

      This is very misleading. The poster two levels up mentioned an Augen device, and the link here is for a series of Archos devices. Entirely difference devices and different price points.

      FWIW, I think the Augen is Android 2.1 (un-upgradeable), although I could be mistaken.

    122. Re:Looks by SETIGuy · · Score: 1

      But given the Steve's need to control what people do, it's hard to believe that it won't be the only way to get applications for OS X Ocelot.

    123. Re:Looks by drsmithy · · Score: 1

      Yes, but the licensing applies to both and if you were going to pick one that it would apply to (for some reason), there are reasons to assume it would be the players.

      I think you'll find the two different types of devices are licensed differently (which makes perfect sense, given one is an appliance and the other is going into a general purpose computer).

    124. Re:Looks by Anonymous Coward · · Score: 0

      Yeah, remember how Windows XP started whining about unsigned drivers, and now all Windows drivers are completely controlled by a central repository?

      Exactly.

    125. Re:Looks by squiggleslash · · Score: 1

      No, he's right. I have plenty of region controlled discs, and yet to find one I can't play with VLC immediately, without reconfiguring my DVD drive. This is on recent, semi-recent, and not-so-recent DVD drives (I've been using them since, I dunno, 2001? The most recent one I bought I bought last year.)

      I'm wondering actually at what level the region code is actually interpreted. I know the drive is supposed to store a code, but it may be linked to whatever CSS decoder you're using, as opposed to the drive physically preventing the encrypted data from leaving the disc.

      --
      You are not alone. This is not normal. None of this is normal.
    126. Re:Looks by Alef · · Score: 1

      Don't take this the wrong way, but you have a pretty weird view of the US vs. the rest of the world.

      You are basing the entire argument on the premise that the US and/or its citizens are somehow different from the rest of the world. You may not be aware of it, but most intellectual property is produced outside of the US. Android itself is based on Linux which originated in Finland. Korea, where HTC is from, files 114 patents per $billion GDP compared to 18,6 for the US. (Yes, that's more than six times as much!)

      Notwithstanding the fact that Google isn't at all doing badly "giving away" stuff.

      If anything is holding America back, it is that obsolete we-and-them kind of attitude that stipulates that manufacturing cannot be done in the US, and no one else can produce as much or as high quality intellectual property.

    127. Re:Looks by Mitchell314 · · Score: 1

      I thought the slippery slope was Windows whining even more. Which my sources tell me is true (Vista, not Win 7). :P

      --
      I read TFA and all I got was this lousy cookie
    128. Re:Looks by Mitchell314 · · Score: 0, Troll

      Can say the same thing for any OS, other than the fact its fuggin asinine.

      --
      I read TFA and all I got was this lousy cookie
    129. Re:Looks by Rakarra · · Score: 1

      The next MacOS release will require signed applications and guess what.... only Steve gets to sign.

      Only for those things put on the App Store. The app store will not be an exclusive place to download apps on OS X. Stop spreading lies.

      Steve has explicitly stated that he'd -like- to move in that direction for OSX, but I would have been very surprised if that'd already been the case for 10.7 or whatever.

    130. Re:Looks by SomeKDEUser · · Score: 1

      No they won't. By then, only utter idiots will buy macs, because only utter idiots would buy a computer on which you can only install approved programs. And apple will slip back into irrelevance. During the 90s, it lost because windows/the IBM PC was more open.

      Now History repeats itself.

    131. Re:Looks by CarpetShark · · Score: 1

      I don't know why you're suddenly on about licenses. I was talking about a completely different subject.

    132. Re:Looks by konohitowa · · Score: 1

      Most free software developers are in no position to afford $99 per licensed developer per year.

      FTFY

  2. I'm shocked! by Anonymous Coward · · Score: 3, Informative

    Apple exercising tight controls, I would have never thought of that.

  3. Download now? by Anonymous Coward · · Score: 1, Insightful

    So I guess now's the time to install VLC on my iOS device before it gets the boot?

    1. Re:Download now? by KugelKurt · · Score: 2, Informative

      VLC is under GPLv2. v2 is compatible with the terms of the Apple App Store and pretty much any other app store out there.
      GPLv3 is incompatible because it requires the right that receivers of GPLv3'ed code can not only freely modify it but also run it (this clause was written after TiVo used the Linux kernel in its boxes but had some checksum authentication method to ensure that users don't install modified kernels -- Linus Torvalds, btw, dislikes GPLv3 for that very reason)

    2. Re:Download now? by aliquis · · Score: 1

      I don't think it has ever been on the App store?

      It's there for jail-breached devices, just as everything else though.

      Though someone who enjoys using their device the way they want to shouldn't buy Apple products in the first place.

    3. Re:Download now? by Corbets · · Score: 1

      I don't think it has ever been on the App store?

      Sure it's there. It was in the top free list this morning, and I downloaded it. Works fine.

    4. Re:Download now? by KiloByte · · Score: 2, Interesting

      Or rather, certain interpretations of GPLv2 say that it allows these restrictions. The wording is unclear and may be understood either way, and "spirit of the license" has no legal weight. GPLv3 merely fixes this ambiguity.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    5. Re:Download now? by KugelKurt · · Score: 1

      Or rather, certain interpretations of GPLv2 say that it allows these restrictions.

      Show me the exact paragraph why v2 shouldn't allow that. I can't find any line that says that code has to be executable on a specific device

    6. Re:Download now? by turbidostato · · Score: 1, Informative

      "VLC is under GPLv2. v2 is compatible with the terms of the Apple App Store"

      Does Apple's App Store offer the means to download the source code of the app? If not, Apple store is incompatible with the terms of GPLv2.

      "and pretty much any other app store out there."

      I know an app store *can* be compatible with GPLv2 terms. "Can" and "do" are different issues, anyway.

    7. Re:Download now? by rdebath · · Score: 5, Informative

      NO.

      All the provisions of the GPL apply to distributing exact and modified copies of the software.

      If you make changes to GPL software but do not distribute it there is nothing that says you must provide your changes to anyone. ONLY if you distribute the software must you make provision for distributing the source of the version you distribute.

    8. Re:Download now? by Dr_Barnowl · · Score: 1

      This is precisely the provision that he's discussing - GPLv2 terms are all about distribution, not development.

      If they were about development, you could just stomp into someones office and demand their changes to a GPL licensed piece of code.

      Since it's about distribution, it's quite possible to implement super-secret changes to a given piece of GPL code and distribute it freely within your company without having to distribute it to the community (because they didn't receive a copy of the software).

      Since the Apple appstore is the distributor, they are responsible for meeting the license terms. It may be that the third party developer, Applidium, isn't meeting their requirements either by not distributing the sources to Apple. They link back to the videolan.org git repository, so they are not even distributing their sources publicly (by themselves - they may have commits in the git repository, but they are not telling which revisions represent the state of their app either).

    9. Re:Download now? by samkass · · Score: 1, Informative

      Apple is NOT the distributor, they are simply the hosting company. Each individual app author is distributing their apps using Apple's service. This is apparent in the fact that Apple does not give out 1099 tax forms, because they are not "paying" you, simply offering you a hosting and credit clearing service.

      --
      E pluribus unum
    10. Re:Download now? by Florian+Weimer · · Score: 1

      GPLv3 is still compatible with the App Store if you stipulate that you run the application on behalf of Apple, which does not seem to be that far off from reality:

      You may convey covered works to others for the sole purpose of having them [...] provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus [...] running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

      At the very least, the clause is extremely ambiguous. At worst, it completely destroys the effectiveness of the GPLv3 as a copyleft license. (A lot depends on the interpretation what it means to "control copyright".)

    11. Re:Download now? by aristotle-dude · · Score: 2, Insightful

      Or rather, certain interpretations of GPLv2 say that it allows these restrictions. The wording is unclear and may be understood either way, and "spirit of the license" has no legal weight. GPLv3 merely fixes this ambiguity.

      If a license does not contain the wording, there is nothing to interpret out of it. If the GNU chooses to be assholes, everyone outside of their faithful will hate them for it. There is not such thing as a "SPIRIT" of a "LICENCE". It is not legislation but an agreement created by the original authors for third parties.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    12. Re:Download now? by aristotle-dude · · Score: 0, Troll

      Apple is the "STORE", not the PUBLISHER. Apple is no more accountable than a brick and mortar store would be if the CD compiler did not include the source code on the CD.

      The company that "PUBLISHED" the app to the App "STORE" is bound by the GPL, not Apple and not me as a end user. I don't give a frak what the lawyers/liars hired by the GNU hippies think. They can eat shit and die for all I care. You cannot be held by the terms of a license that you are not a party to.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    13. Re:Download now? by jonbryce · · Score: 1

      You could comply with the Section 3(b) option to provide information about where they can get a copy of the source code for no more than the cost of sending it to you. You could also, as an addional service, and to reduce the number of enquiries you get, tell them where they can download it from your website.

    14. Re:Download now? by TheRaven64 · · Score: 2, Insightful

      Apple is making a copy of the software when they distribute it (see Apple Vs Pystar, where Apple's lawyers made precisely this argument and it was upheld). The software is governed by copyright and so they require permission from the copyright holder to do so. The GPL gives them permission to do so, as long as they abide by certain conditions (i.e. either distributing the source code, or providing an offer in writing to provide the source code for no more than a nominal fee on a medium commonly used for software interchange).

      Anyone (other than the copyright owner) who makes a copy of any copyrighted work is bound by whatever license granted them the right to do so, or by the limitations of fair use / fair dealings if there is no explicit license. It doesn't matter whether that person is a developer, a publisher, or a store keeper.

      Note that this doesn't apply to most brick and mortar stores, because they do not create copies, they simply pass on existing copies (on some physical medium) that were created by others.

      --
      I am TheRaven on Soylent News
    15. Re:Download now? by harlows_monkeys · · Score: 2, Informative

      Apple is simply the distributor

      Distribution of copyrighted material requires permission of the copyright owner, with the notable exception of distributions that fall under the first sale doctrine. The first sale doctrine does not apply to the App Store.

    16. Re:Download now? by eggnoglatte · · Score: 1

      As others have pointed out, the analogy is more that of a brick-and-mortar store. Now, this may still be distributing in the spirit of the GPL, but that part has never been tested in court and t is not at all clear that would hold up (middlemen can be useful in transactions, and this provision would arguably put an unreasonable burden on middlemen).

      Also, the appstore development agreement makes it very clear that the authors of the software are responsible for fulfilling all requirements of the GPL. That is, the authors need to make the GPL code available through some other means. Note that the GPL does not specify that the code has to be made available through the same means as the binary. So anyways, Apple has received assurances from the developer that the developer is following all GPL license term. If somebody were to sue Apple over a GPL violation, they would be able to point to the software developer, either as a defense in the main lawsuit, or at least after the fact in a separate lawsuit. In the meantime of course they would just remove the offending program form the store.

    17. Re:Download now? by turbidostato · · Score: 1

      "Apple is simply the distributor."

      They are not "simply" the distributor, they are *a* distributor and, as such, subjected to GPL provisions.

      Of course, the distributor could opt to not accept the GPL distribution clauses but, then, they are subjected to standard copyright law, so they can't distribute *at all*.

      "Unless you're talking about some provision in the GPLv2 that requires the distributor to release source code when they aren't even the ones who wrote the software"

      Have you ever taken the time to read the damn license? It is *all* about distributing code you are not the one that wrote it.

    18. Re:Download now? by turbidostato · · Score: 1

      "If somebody were to sue Apple over a GPL violation, they would be able to point to the software developer"

      Except that they can't. The very GPL has a provision for it, which is 3c:
      "3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)"

      Since Apple Store is obviously *not* a noncommercial distribution, they, Apple themselves, are bound to comply to the need of offering access to the source code.

    19. Re:Download now? by turbidostato · · Score: 1

      "Apple is the "STORE", not the PUBLISHER"

      Since it's the "STORE", it's obviously the one that distributes it. Since the GPL is all about "DISTRIBUTORS", that's all I need to know.

      "Apple is no more accountable than a brick and mortar store would be if the CD compiler did not include the source code on the CD."

      True. But please notice that the brick and mortar store is absolutly accountable for the case of the CD.

      "You cannot be held by the terms of a license that you are not a party to."

      True. But then, you can be held by standard copyright laws which say you can't distribute third party software at all without their explicit grant which, in this case, is given to Apple under the terms of the GPL, so we are again at square one.

    20. Re:Download now? by turbidostato · · Score: 1

      "You could comply with the Section 3(b) option to provide information about where they can get a copy of the source code"

      3B doesn't say so; it's not enough to tell where to download the copy. 3B makes *you* the one that must provide the copy.

      "b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange"

    21. Re:Download now? by jonbryce · · Score: 1

      I know that. I suggested telling people where to download the copy as an additional service, then most people will go there rather than asking you to send it to them. Of course you must be prepared to send it to them if they ask.

    22. Re:Download now? by Anonymous Coward · · Score: 0

      Apple is the "STORE", not the PUBLISHER. Apple is no more accountable than a brick and mortar store would be if the CD compiler did not include the source code on the CD.

      This makes no sense. Since VLC is a GPL'd application, Apple doesn't need permission from the "publisher" to distribute it beyond the rights granted in the GPL.

      Apple certainly doesn't need any help from VideoLAN to sell VLC. All they have to do is grab a copy and "put it on the shelf."

      You could do the same thing on your own hosting service.

    23. Re:Download now? by rdebath · · Score: 1

      I suppose Apple have tried to set themselves up as an agent so that they aren't legally doing the distribution, they say they are just providing a distribution service in the same sort of way that DHL or UPS or a shop chain does.

      I suspect that would fly very well with a judge; especially if they pull things from the store promptly.

      The only issue I'd see from Apple's point of view is that they could still be held partially responsible if it could be shown that they should know that the license that the software is being distributed under (GPLv2) is in direct conflict with their agreement with the legal distributor or the customers. That could possibly be seen as a conspiracy to commit copyright infringement.

      With "GNU Go" I understand there was such a 'direct conflict' because their agreement tried to add terms to the GPL. But they've changed things since then.

    24. Re:Download now? by dfghjk · · Score: 1

      "Or rather, certain interpretations of GPLv2 say that it allows these restrictions."

      Only one interpretation matters, it is one of those.

    25. Re:Download now? by eggnoglatte · · Score: 1

      You just really don't know how the appstore works, do you? The legal construct is that the customer buys directly from the developer; Apple is just a brokering the deal. You are not buying from Apple, so Apple is not a distributor.

    26. Re:Download now? by tyrione · · Score: 1

      "VLC is under GPLv2. v2 is compatible with the terms of the Apple App Store"

      Does Apple's App Store offer the means to download the source code of the app? If not, Apple store is incompatible with the terms of GPLv2.

      "and pretty much any other app store out there."

      I know an app store *can* be compatible with GPLv2 terms. "Can" and "do" are different issues, anyway.

      You're not a lawyer or soon to be a financially bankrupt one. Your knowledge of the GPLv2 is wrong.

    27. Re:Download now? by kommers · · Score: 1

      That's an interesting point.

      However, it's not a new one. This "loop-hole" in the GPL licenses has often been called "software-as-a-service" (SaaS) loop-hole.

      That is why there were created a license that fixes this: the Affero General Public License (AGPL).

      However, I haven't ever though of applying the SaaS clause in relation to applications running on "iProduct" devices. But I doubt it will hold, unless the application either run on Apples own web servers, or if Apple still (for some reason) still was the legal owner of your piece of hardware, minimum.

      If the SaaS "loop-hole" also will be usable for applications running in locked virtual machines/locked-down devices this is a major reason to consider to use AGPL in stead of GPL for your next FOSS project.

    28. Re:Download now? by Myopic · · Score: 1

      I can't quite tell which side of this issue you are on, but I think the phrase would be this: You may not impose any further restrictions on the recipients' exercise of the rights granted herein. So, my understanding is that Apple is making it difficult to make copies and redistribute their version of VLC, and thus it would be a violation of that clause.

    29. Re:Download now? by Anonymous Coward · · Score: 0

      In counterpoint, if you only use your apps but don't distribute them, you're not subject to the App Store rules. So, by your standard, the GPL and App Store are compatible.

    30. Re:Download now? by GiveBenADollar · · Score: 1

      Evidently you don't know what a distributor is. http://www.merriam-webster.com/dictionary/distributor Apple is playing the part of a middle man and as such is a distributor. If apple didn't have a store and simply had links to the developers websites where you paid the developers directly then you would be right. Especially with a DRM system that stops all outside apps Apple is a distributor.

    31. Re:Download now? by gnasher719 · · Score: 1

      GPLv3 is incompatible because it requires the right that receivers of GPLv3'ed code can not only freely modify it but also run it (this clause was written after TiVo used the Linux kernel in its boxes but had some checksum authentication method to ensure that users don't install modified kernels -- Linus Torvalds, btw, dislikes GPLv3 for that very reason)

      The TiVo situation means (if I understand it correct) that you can modify the Linux running on a TiVo box, but that there is no way to actually run it. What if the situation was slightly different: Say the software needs to be installed in some ROM, and the tools to put it into a ROM are quite expensive. TiVo bought these expensive tools, and anyone wanting to install a modified Linux has to buy the same expensive tools. I think that wouldn't be disallowed by the GPL.

      And the same thing is the case with the iOS store. Everybody can install software on an iPhone or iPad, it is just not free. You have to pay $99 per year, and for that money you can install any app that you have the source code for on up to 200 devices, or make it again available through the iOS store. Yes, it is not free, but no, Apple doesn't stop anyone.

    32. Re:Download now? by gnasher719 · · Score: 1

      Does Apple's App Store offer the means to download the source code of the app? If not, Apple store is incompatible with the terms of GPLv2.

      All apps in MacOS X and iOS are packages. It is trivial to include the source code inside the package. So there wouldn't be any need for download, the source code can be part of the package.

    33. Re:Download now? by eggnoglatte · · Score: 1

      Evidently you are confusing common language and legal terms.

    34. Re:Download now? by Anonymous Coward · · Score: 0

      Um, obviously the distributors distribute the source code. Is that some kind of meme I don't understand?

    35. Re:Download now? by hedrick · · Score: 1

      It's not so obvious to me that the Apple Store is *not* a noncommercial distribution. Normally commercial means that it's charging. iTunes doesn't charge for free software. They offer other products that are commercial, but is the VLC distriibution?

    36. Re:Download now? by hedrick · · Score: 1

      IANAL, but I believe that in exercising editorial control over what applications to accept, Apple can't claim to be a hosting company or the mailman. I am not yet sure, however, that they are violating v2 of the GPL, since the terms seem to say that if there is a license specific to the product, it supersedes the generic iTunes one.

    37. Re:Download now? by Anonymous Coward · · Score: 0

      Holy shit, your first paragraph may be the most insightful thing I've read in this discussion today. Enjoy your mod point. Is 'distributor' defined in the GPL? It seems that you are saying that this ranting by the VLC team is as legitimate as it would be if people involved with BusyBox got pissed at WalMart for not including source code with some routers they sell.

    38. Re:Download now? by mr_mischief · · Score: 1

      You need to look in Black's and not Webster's. You also need to understand an agent/client relationship. You are buying the app from the seller, and Apple only takes a commission just like an auction house or flea market with an absentee booth owner. That appears to be an agency relationship, in which case Apple is only liable as far as they know their client is violating a license, contract, or statute. IANAL, but clearly neither are you.

    39. Re:Download now? by harlows_monkeys · · Score: 1

      GPLv3 is incompatible because it requires the right that receivers of GPLv3'ed code can not only freely modify it but also run it

      That's a common misconception, but if you actually check the anti-Tivo clause in GPLv3, it only applies to GPLv3 software that is distributed as part of the transaction whereby the user acquires the device. It does not apply to add-on software acquired AFTER the user has acquired the device.

    40. Re:Download now? by rdebath · · Score: 1

      Um, Copyright law in general does apply without distribution, if you (eg Apple) break the GPL license it's automatically revoked in toto so copyright law then comes into play. Also the GPL's clauses that come into play only for distribution are rather unusual, most copyright licenses (including the Apple ones) come into play straight away and so if they attempt to be a restraint on distribution they immediately revoke the GPL license; at least that how it's intended.

      BTW: The GPL does have clauses that come into play immediately, eg: everything to do with granting you the right to use the software. But as they're grants or very standard clauses they're rarely contested. It's just the right to distribution that get contested.

      I'm pretty sure that taken alone Apple are in breach of the GPL (The DRM and related license restraints) but there's lots of wriggle room if they're legally acting as an Agent.

    41. Re:Download now? by Wovel · · Score: 1

      Depends on your defintion of non-commercial. I paid no money or viewed no advertisements to download VLC from the appstore. How is it commercial?

    42. Re:Download now? by jht · · Score: 1

      Besides that, Apple also has no control over pricing - the developer decides anything to do with price and can change it at any time. Apple gets 30% (on a free app they get squat).

      Basically, my interpretation of this kerfuffle is simple: Apple provides a common repository that developers who pay the $99/year fee can use for their app distribution. Paying the fee also gets you access to prerelease code and to developer support. Developers can sell their software using any license or pricing they want. VLC is GPL'd software, and so the developer is in compliance with the license by distributing their source code through their own website.

      As of right now, I don't see a source download link there, or any notice that the software changes are all merged back to the main VLC trunk. So by that measure the developer is likely infringing. And it should be corrected.

      But the FSF - this is another case of pissing off end users to make a political point. The GPL is a wonderful tool that has made sure a lot of useful computer code has remained free for developers to use as needed. It's helped an entire OS get traction. But the FSF's jihad against anything that doesn't meet their purity standard is just silly at this point. Work with the software author to get the app compliant. People can download the app code and play with it all they want - the dev tools themselves are free (as in beer). Yeesh.

      --
      -- Josh Turiel
      "2. Do not eat iPod Shuffle."
    43. Re:Download now? by grahamm · · Score: 1

      Who adds the DRM to the app? Is it the developer or is it Apple. If it is the developer, then the DRM forms part of the work and therefore the source code for the DRM must be included in that provided under the terms of the GPL. If Apple is adding the DRM then they are creating a derivative work and therefore are acting as more than just an agent for the developer and, under the terms of the GPL, then they (Apple) are the ones who must provide the source code to the whole derivative work - which includes the source code to the DRM.

    44. Re:Download now? by eggnoglatte · · Score: 1

      The developer is using libraries provided by Apple. Apple does not modify the code. The rest is features implemented in iOS, not the app itself.

  4. VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 2, Informative

    to me it looks like the VLC developers had the app posted in the App Store so they could use this as a soapbox. The app on the iPad is a piece of crap and not really useable. I have since deleted it.

    1. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 0, Flamebait

      Completely agree - this is nonsense. If the VLC authors truly considered their application as free then it would be distributed under BSD not GPL.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    2. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 5, Insightful

      Stop right there. Really.

      The old. tired BSD vs GPL argument is not needed here.

      There are good reasons to use one over the other, but I'm sorry, freedom has different definitions. GPL grants freedoms to end users that BSD does not. BSD grants rights to developers and distributors that GPL does not. It is not magically "more free".

    3. Re:VLC developer using this as soapbox!!! by Hatta · · Score: 1, Insightful

      The only "rights" BSD grants that GPL doesn't is the "right" to remove the rights of the end user.

      --
      Give me Classic Slashdot or give me death!
    4. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 3, Insightful

      No. Under GPL if I add something useful and extend the program, I have to also post those changes under GPL. I may not want to do that. BSD gives me the freedom to do as I wish. BSD is far more free than GPL.

      Either something should be free or it should not. GPL simply pretends to be free while at the same time forcing you to adhere to a very specific philosophy.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    5. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      The old. tired BSD vs GPL argument is not needed here.

      And neither is the old tired 'big bad corporation is infringing on my freedom! DRM is evil and is ruining everything!'. This is a soapbox post, nothing more.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    6. Re:VLC developer using this as soapbox!!! by OrangeTide · · Score: 1

      As a developer BSD me the right to incorporate the software into my own application under a different license, including GPL. while GPL does not tolerate licenses with more, less or different restrictions. So as a developer I have more rights with BSD, and the end user doesn't have any useful rights with GPL unless they are developer (what good is source code if you don't understand it, you can compile it but that sounds more like a chore than a right).

      --
      “Common sense is not so common.” — Voltaire
    7. Re:VLC developer using this as soapbox!!! by tepples · · Score: 2, Informative

      Under GPL if I add something useful and extend the program, I have to also post those changes under GPL.

      You don't have to post the changes at all; you can keep the "something useful" to yourself.

    8. Re:VLC developer using this as soapbox!!! by masmullin · · Score: 1

      Either something should be free or it should not.

      Only Sith deal in absolutes.

    9. Re:VLC developer using this as soapbox!!! by icecoldkilla · · Score: 5, Informative

      No. Under GPL if I add something useful and extend the program, I have to also post those changes under GPL.

      Only if you distribute the program the restriction kicks in. If you just use the program no one is going to force you to post the changes and modifications.

    10. Re:VLC developer using this as soapbox!!! by Exitar · · Score: 3, Insightful

      GPL is not free as in beer and is not free as in speech. It's free as in RMS definition of freedom.

    11. Re:VLC developer using this as soapbox!!! by Waffle+Iron · · Score: 1

      I may not want to do that.

      But *I* would want you to do that, so that I could improve it further if need be. So with respect to your proposed modifications, it's more free for myself and the other 6,999,999,999 people on this planet who aren't you.

    12. Re:VLC developer using this as soapbox!!! by Fri13 · · Score: 1

      But I want freedom to slave you! My choice is a BSD!

    13. Re:VLC developer using this as soapbox!!! by Fri13 · · Score: 1

      No. Under GPL if I add something useful and extend the program, I have to also post those changes under GPL. I may not want to do that. BSD gives me the freedom to do as I wish. BSD is far more free than GPL.

      Either something should be free or it should not. GPL simply pretends to be free while at the same time forcing you to adhere to a very specific philosophy.

      Your ancestors gave the civil rights for you, and now you want to rip them off from your next generations.
      So of course you are maintaining civil rights and keeping the world free, right?

      You are saying you are free citizen in your country, how you can be free if anyone can come and slave you and take your property? How anyone else can be free if you can slave them or take their wealth?

    14. Re:VLC developer using this as soapbox!!! by erktrek · · Score: 1

      What's the definition of "free" we are using here?

      Seems to me you really want your code in the "public domain" since BSD requires some sort of attribution and therefore is not really "free" either.

    15. Re:VLC developer using this as soapbox!!! by Thiez · · Score: 1

      Which is why only a Sith would use that line.

    16. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      Why would I bother developing something if I wasn't going to distribute it, either myself or someone I work for?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    17. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      So now we have a situation where I wrote something, its useful, and I'm forced to give up how I did it by republishing the source code onder the original GPL licence. As I said, GPL is NOT free. If it was under BSD, I would have the option of publishing source or publishing binaries.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    18. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      What the hell are you talking about? Should I respond with the atrocities of slaughtering dolphins or finning sharks just so we can both be completely off topic?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    19. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      With BSD I have the option of publishing source or only publishing binaries. GPL does not give me that option. It's a restrictive license.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    20. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      Why would I bother developing something just to keep it to myself? I would only develop something to sell myself, or something my employer could use. GPL doesn't let me do either without giving away how I did it by releasing the source code.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    21. Re:VLC developer using this as soapbox!!! by angloquebecer · · Score: 1

      The users who get your BSD-modified program without the source code to the modifications you made would have fewer freedoms than if you modified a GPL program and were forced to provide your modifications as well.

      As one of the gp posters stated:
      GPL - more freedom for end users
      BSD - more freedom for developers/distributors

    22. Re:VLC developer using this as soapbox!!! by contra_mundi · · Score: 1

      Nobody is forcing you to use GPL. If you want to use their work however, you'll need to abide by the license.

    23. Re:VLC developer using this as soapbox!!! by icecoldkilla · · Score: 1

      Why would I bother developing something if I wasn't going to distribute it, either myself or someone I work for?

      Then don't use the code from a GPLed software. Write the program from scratch or use BSD licensed software. GPL is conceived to ensure freedom for all. Not just for lazy plagiarists.

    24. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 0, Troll

      So? My problem is I'm being *forced* to publish my code. They are not being *forced* to buy my product.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    25. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 0, Troll

      Nobody is forcing you to use GPL. If you want to use their work however, you'll need to abide by the license.

      Exactly my point - thank you. So the article author shouldn't be upset that Apple does not want to abide by GPL and therefore refuses to host/publish the GPL application. As I said, the author is just using this as a soapbox for his own views of GPL software.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    26. Re:VLC developer using this as soapbox!!! by The+Mighty+Buzzard · · Score: 3, Insightful

      Free = public domain. Everything else, just pretenders to the crown.

      --
      Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
    27. Re:VLC developer using this as soapbox!!! by 0123456 · · Score: 2, Interesting

      Why would I bother developing something just to keep it to myself?

      Lots of companies develop software internally which will never be released outside the company. They don't have to make source available to anyone other than those who use it inside the company.

      I would only develop something to sell myself, or something my employer could use. GPL doesn't let me do either without giving away how I did it by releasing the source code.

      Which is only fair, because your code wouldn't work without all the code that others have contributed for free.

      As mentioned, the only 'right' BSD gives that GPL doesn't is the right to prevent end users from getting access to the source. That's not 'freedom' in any sense I can imagine.

    28. Re:VLC developer using this as soapbox!!! by loonycyborg · · Score: 1

      That option isn't really useful. That only makes life harder for users, forcing them to use a disassembler to extract the source :P

    29. Re:VLC developer using this as soapbox!!! by Hatta · · Score: 1

      As a developer BSD me the right to incorporate the software into my own application under a different license, including GPL. while GPL does not tolerate licenses with more, less or different restrictions.

      That's what I said. BSD gives the developer the right to take rights away from end users and other developers. That's not exactly a right worth standing up for.

      Changing licenses from GPL always results in a decrease in freedom. The only restriction in the GPL is that you have to preserve all the rights granted for everyone. The *only* reason for removing that restriction is to remove the freedom of others.

      Complaining about how "restrictive" the GPL is is like saying that pesky First Amendment restricts my freedom to tell other people what to say, so we're more free without it.

      the end user doesn't have any useful rights with GPL unless they are developer (what good is source code if you don't understand it, you can compile it but that sounds more like a chore than a right).

      Even if you never write a line of code, you benefit from all those who have.

      --
      Give me Classic Slashdot or give me death!
    30. Re:VLC developer using this as soapbox!!! by jedidiah · · Score: 1

      Except DRM does take away my freedom to do with my own personal property what I wish.

      DRM takes away my property rights.

      That is not something that should be casually ignored in the race to give money to large corporations.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    31. Re:VLC developer using this as soapbox!!! by Waffle+Iron · · Score: 2, Insightful

      You have myopia, selfishly looking at only one incremental step of the whole process, and ignoring what happens as a consequence.

      If you publish under more a restrictive licence, then *I* have no longer have any options to republish. You've restricted *my* freedom, and the freedom of everyone else in the world. Your fork becomes a dead end (and possibly a trap luring people into vendor lock-in).

      Your dead end allows nobody else to increase their freedom beyond the standard sheepish "if you don't like the license, don't use the program". Well, you already have that particular freedom when you consider whether or not to incorporate GPLed code in the first place. The GPL gives you at least as much freedom as you seem to be willing to give anyone else.

    32. Re:VLC developer using this as soapbox!!! by vlm · · Score: 3, Insightful

      Why would I bother developing something if I wasn't going to distribute it, either myself or someone I work for?

      At home, because I want to use it?

      At work, because the purpose of my work was to hyper-customize it, with the side effect that it would be useless anywhere else in the rest of the world?

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    33. Re:VLC developer using this as soapbox!!! by perlchild · · Score: 1

      All licenses are restrictive, that's why they're licenses and not gifts aka the public domain.

      Could we get a little more on-topic by discussing things like the appstore terms.

      In this case the bsd is only more free because as long as anyone who gets the source code sees that it's properly attributed, it's legal.

      But if applidium and another company both published vlc, but only one admitted it was bsd and the other didn't, one would be known as "bsd-licensed" and noone would know the other didn't until the discovery of the trial between the two, if ever?

      Sure the distributor is more free, in the bsd case, the end user is not, the developer, if not the distributor, is the same. All of those people saying the developer is more free assume the developer is the distributor.

      The gpl does not make that assumption, and in the apple store case, the assumption is not safe.

    34. Re:VLC developer using this as soapbox!!! by Patch86 · · Score: 4, Insightful

      If you right something yourself, just yourself, you don't have to publish the source code under the GPL. You can publish it under BSD, or Apache, or a proprietary licence, or whatever.

      If you want to take somebody else's code and do something with it (modify it, build something on top of it, etc.) they have the right to request you treat their code in the way that they wish. If they put it under GPL, it's because they want your code to be fed back into something useful for them. Seeing as you're benefiting from their hard work, you don't get ultimate control over it.

      I've always hated the "what's more free" argument- I think it's pointless. If I had to say so, I'd say BSD is "more free", whatever that means. But ultimately, BSD is really useful for some things, GPL is really useful for others, and other licences are useful for other things entirely.

      Both GPL & BSD are a lot more community-friendly than an old fashioned proprietary licence, and that's all that really matters to me. Stallman be damned.

    35. Re:VLC developer using this as soapbox!!! by jonbryce · · Score: 1

      You might develop something for your own personal use. That isn't distributing it. Apart from stuff handed to college lecturers for marking purposes, pretty much the only code I've ever written is for personal use.

    36. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 0, Troll

      The only thing DRM is preventing you from is breaking the law. You could make the same argument about speed limits 'It's MY car, it SAYS I can go to 220 but the stupid speed limit says 60. Unfair!!'

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    37. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 0, Troll

      So I'm writing code and forced to give it up for free for the good of the community. Good to see communism is alive and well in the software world.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    38. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 2, Insightful

      Ok, on topic. Apple did not wish to abide by the terms of the GPL license so it chose not to distribute the code. I don't really see a problem with what they did.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    39. Re:VLC developer using this as soapbox!!! by nurb432 · · Score: 1

      Piracy is even more free :)

      --
      ---- Booth was a patriot ----
    40. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      As mentioned, the only 'right' BSD gives that GPL doesn't is the right to prevent end users from getting access to the source. That's not 'freedom' in any sense I can imagine.

      The freedom comes in me as a publisher being allowed to publish any way I like. GPL restricts my personal freedom. BSD does not.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    41. Re:VLC developer using this as soapbox!!! by OrangeTide · · Score: 1

      I mainly care about my rights, not others. If you feel your rights are restricted when I give out source with BSD/MIT license then that is entirely your problem and not mine.

      Also, I don't accept your irrational analogies.

      --
      “Common sense is not so common.” — Voltaire
    42. Re:VLC developer using this as soapbox!!! by FooBarWidget · · Score: 1

      Wow, don't you feel morally superior for wanting to profit from other people's effort without allowing the reverse to happen.

    43. Re:VLC developer using this as soapbox!!! by Waffle+Iron · · Score: 1

      No, like I said, the GPL always gives you the freedom to NOT use their code if you don't like their terms. This is likely the exact same extent of freedom that you want to give to your users, and it is not coercion, so it is not "communist".

    44. Re:VLC developer using this as soapbox!!! by slimjim8094 · · Score: 1

      See, here's the problem with what you said. While I think it's fine for people to sell changes to (BSD or similar) open source software, the GPL is written explicitly to prevent the piggybacking that you do. So in essence, you're saying that you don't like the GPL because it prevents you from doing what it is written to prevent.

      As far as employer work, the GPL only applies to distribution, presumably public. Making changes and using it internally wouldn't be covered, though it would be nice to release the changes if they're useful, it doesn't seem to be required.

      The basic spirit of the GPL, and the people who license with it (including myself), is that I put in a lot of work to write this - and I'm perfectly happy for you to use it and change it, but not to close off your changes to it. Since you may have saved a ton of cash by using my software, it's not too much to ask to see the changes you've made.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    45. Re:VLC developer using this as soapbox!!! by eggnoglatte · · Score: 1

      Fair enough, but that doesn't mean the GPL is somehow "free". In fact, establishing restrictions is the opposite of "free".

    46. Re:VLC developer using this as soapbox!!! by FooBarWidget · · Score: 1

      As a developer I want to take YOUR derivative product, slap my own name on it and sell it without source code and without credits to you. Neither the GPL nor BSD allow me to do that, therefore neither of them are free. The only license that is truly free is the FooBarWidget license, which states that everybody must publish the source code and give attribution to the original author, except FooBarWidget who can do whatever he wants.

      Yes, that was sarcastic. But I hope you realize how hypocritical you are with your definition of free.

    47. Re:VLC developer using this as soapbox!!! by TheoMurpse · · Score: 1

      Only if you distribute the program the restriction kicks in. If you just use the program no one is going to force you to post the changes and modifications.

      To be fair to pnewhook, that sounds pretty damn similar to a "restriction" to me.

    48. Re:VLC developer using this as soapbox!!! by angloquebecer · · Score: 1

      You're right. Your users can choose to buy a product with a licence that grants them more freedom. Your definition of a licence being free is based on what you can do with the license code. For some people, what everyone else can do with the same code is more important.

    49. Re:VLC developer using this as soapbox!!! by rtfa-troll · · Score: 1
      No; if you wrote code you are free to do anything you want.... Oh; sorry you meant:

      So I'm making minor modifications to somone else's code and trying to pass it of as my own and the damn license forces me to share it according to the author's wishes. Damn evil author not providing charity for important me. Shame I'm not good enough to start the project myself.

      Because, if you wrote most of it yourself, you could easily (re)write the GPL piece too and do what you wanted. Nobody is forcing you to do anything with software you wrote your self.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    50. Re:VLC developer using this as soapbox!!! by Burpmaster · · Score: 1

      So I'm writing code and forced to give it up for free for the good of the community. Good to see communism is alive and well in the software world.

      If that's communism, then what is proprietary software? GPL strictly grants you more rights than proprietary software licenses. If you dispute that, then name just ONE thing proprietary software lets you do that GPL doesn't.

      Sig: Universal health care is a good thing. It's not socialist. Get over it.

      So I'm making money and am forced to give some of it up for free for the good of the community. Good to see communism is alive and well in you.

    51. Re:VLC developer using this as soapbox!!! by vux984 · · Score: 1

      Under GPL if I add something useful and extend the program, I have to also post those changes under GPL. I may not want to do that. BSD gives me the freedom to do as I wish. BSD is far more free than GPL.

      Why would I bother developing something just to keep it to myself? I would only develop something to sell myself, or something my employer could use. GPL doesn't let me do either without giving away how I did it by releasing the source code.

      And the canonical counter argument is that the only thing BSD let you do that GPL didn't was to enable you to deprive users of your BSD derived software the VERY FREEDOMS you claim make it superior.

      While GPL would enable and ensure that users of software derived from it was still free.

      GPL ensures the software STAYS free by restricting your ability to change the license with derived software.
      BSD gives you the freedom to change the license, and inevitably leads to users of derived software having restricted licenses.

      Indeed your desire to deny users of derived software the same freedoms you enjoyed was precisely the reason you prefer BSD. It absurd on its face to argue that something is more free if its principle benefit is to deny freedom to others. Net freedom is clearly harmed by such a system.

      I like the BSD license, and it has its place. But the BSD is to freedom as a monarchy is to freedom. The only time its "far more free" is if you happen to be the monarch. For everyone else, well... you better hope the monarch doesn't have it in for you.

    52. Re:VLC developer using this as soapbox!!! by EvanED · · Score: 1

      The only "rights" BSD grants that GPL doesn't is the "right" to remove the rights of the end user.

      With a program released under the BSD license, I have the right to combine that with other code issued under, say, the CDDL. With a program released under the GPL, I do not have that right.

      How is "combine this with something under the CDDL" acting to remove the rights of the end user?

    53. Re:VLC developer using this as soapbox!!! by dfghjk · · Score: 1

      "GPL grants freedoms to end users that BSD does not."

      Love to see a list of those freedoms.

    54. Re:VLC developer using this as soapbox!!! by vadim_t · · Score: 2, Insightful

      It prevents many other things.

      Quote me the law that makes it illegal to play a russian DVD on an american player, or that requires me to watch the unskippable junk in the beginning.

    55. Re:VLC developer using this as soapbox!!! by tepples · · Score: 1

      The freedom comes in me as a publisher being allowed to publish any way I like.

      You are allowed to publish your own code. If you want your proprietary code to interoperate with GPL code, put your code in a separate process that uses a well-defined pipe, socket, or command line interface with the GPL code.

    56. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      So go buy a region-free player. It's not that big of a deal.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    57. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      If someone wants to give away their work for free, then great, let them. But I don't feel the need to do the same.

      Is there something wrong with trying to make a profit? Shouldn't the free market decide if the value I add to a product is worth paying for?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    58. Re:VLC developer using this as soapbox!!! by pthreadunixman · · Score: 0, Flamebait

      So you want to be able to leach off others' code but not let anyone leach from you?

    59. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      You have no idea what socialism and communism are do you?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    60. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      If I'm using your extended version of the program, and it was BSD-licenced, then you might not have given me the source code - which limits my freedom. This is exactly the issue that the GGGP described - BSD grants more rights to developers, and GPL grants more rights to users. You must have read that post. Now get down from your soapbox.

    61. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      Eh, DRM does nothing to "prevent you from breaking the law." Sure, it adds steps which may make it "harder" to do for some people, but if someone's gonna "break the law"... then they're gonna do it. DRM or not. Even a dumbass could probably figure out that an audio file can be burned to a recordable CD, and then ripped back without the encryption, if they have enough time and motivation--or at the most some "tips" on how it works from Google or a friend. Those people that it does somehow "prevent" from doing so lack the time/motivation, and are probably dumbfounded with computers anyway. Hell, even re-downloading from an illegal P2P source is an easy that I know a lot of people use *exclusively*. But it would work if you want the files to play anywhere. There are, allways have been, and always will be ways to circumvent this bullshit.

      And what exactly is "breaking the law" anyway? Simply making personal backups or copies of your music and videos? That's a perfectly legal "fair use" case which is made illegal by the DMCA. So basically, DRM+DMCA only serves to make something that would otherwise be 100% legal to do... illegal. Turns you into a criminal for "finding" the key that you're fucking given to use the file in the first place, and in fact, it goes through the memory of a machine just to be able to fucking play. It's about as dumb as making certain natural plants of relatively low toxicity illegal, just because they make you high. Specifically talking about cannabis and salvia here. Yet, more dangerous "drugs" like tobacco and alcohol are perfectly legal. Go figure.

    62. Re:VLC developer using this as soapbox!!! by vadim_t · · Score: 1

      You didn't answer the question.

      Your claim is "The only thing DRM is preventing you from is breaking the law". I challenge you to prove it. Especially since by your own logic, those restrictions only stop me from doing something that would be illegal. That is, there has to be some law that makes it illegal to play a russian DVD on an american player, and the DRM is only helping me to avoid accidentally breaking the law.

    63. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      If someone wants to give away their work for free, then great, let them. But I don't feel the need to do the same.

      Be honest. You want the right to make a profit from work someone else gave you for free, and you're mad that the GPL prevents you from doing that.

      Is there something wrong with trying to make a profit? Shouldn't the free market decide if the value I add to a product is worth paying for?

      Actually I take it back. You can certainly sell GPL software and make a profit, and the fact that the GPL allows this implies that there's nothing wrong with it.

      And no, the free market should NOT decide whether you can stomp on the distribution rights of other authors with your derivative product. You're just like any other greedy marketer who wants to maximize his profit by getting something for free or cheap and slapping a price on it.

      If you don't want to give anything away, fine, but understand that by default under copyright, you have NO RIGHT to the work of others and you don't get to dictate how they can let you use it.

    64. Re:VLC developer using this as soapbox!!! by Pieroxy · · Score: 1

      Under GPL if I add something useful and extend the program, I have to also post those changes under GPL. I may not want to do that. BSD gives me the freedom to do as I wish.

      BSD imposes the exact same terms in this formulation. Let's re-read BSD:

      * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
      * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      It doesn't allow you to remove the license. The license must stay.

    65. Re:VLC developer using this as soapbox!!! by pthreadunixman · · Score: 1

      The only freedom is restricts is restricting others' freedom.

      Obviously the only reason you'd want to make an improvement to a piece of GPL'ed code is because it was valuable to you in some way. If it were not, then you would just go find a different piece of code that wasn't GPL'ed. So you take this valuable piece of code that you can't find an alternative for or write yourself, and you make a change to it that want to keep as secret sauce. For some reason, even though you see no problem with having this opportunity yourself, you believe your rights are being stepped on because you can't prevent others from having the very same rights you had.

      But I think all this talk of personal freedom is bullshit to begin with. What you really want to be able to do is pass off others' work as your own in the form of proprietary software while charing monopoly rent prices on it.

    66. Re:VLC developer using this as soapbox!!! by Stormwatch · · Score: 1

      And that's why GPL is more free: it takes away your freedom to take away the freedom of the next person in the line.

    67. Re:VLC developer using this as soapbox!!! by Stormwatch · · Score: 1

      What a retarded comparison. DRM is about restricting what you can do with content and machines you own. Speed limits are about NOT KILLING PEOPLE. If you think they're the same, go have your head checked.

    68. Re:VLC developer using this as soapbox!!! by u17 · · Score: 1

      No. Under GPL if I add something useful and extend the program, I have to also post those changes under GPL. I may not want to do that. BSD gives me the freedom to do as I wish. BSD is far more free than GPL.

      This is not true. Assuming you're distributing the derivative work, it is sufficient that your changes are under a GPL-compatible license (this includes BSD, for example). The combined work will then be under the GPL, but as long as you mark your changes and state their license clearly, they can be taken out and used separately with any other code that is BSD-compatible. However, it must be possible to unambiguously separate them from the GPL code. As an example, you can embed libpng (under a BSD-like license) inside a GPL program, distribute the whole under the GPL, but if another person takes just the libpng code from your program, it will still be BSD-like.

    69. Re:VLC developer using this as soapbox!!! by u17 · · Score: 1

      1. freedom to get the source to any gpl-covered binary
      2. freedom to bitch about not being able to do anything you want with other people's code

    70. Re:VLC developer using this as soapbox!!! by diamondmagic · · Score: 1

      The GPL, just like a proprietary license, allows you to sue someone if they do not distribute code that you authored in a particular way you like. That is something that could not exist without copyright law and government's coercive force to enforce it. This may be "open source," but a liberally free license would not allow this.

    71. Re:VLC developer using this as soapbox!!! by germansausage · · Score: 2, Funny

      "Do or do not. There is no try."

      OMG Yoda was....a SITH!!

    72. Re:VLC developer using this as soapbox!!! by shentino · · Score: 1

      Quite true.

      Especially considering that a company trying to pilfer GPLed code will themselves have an onerous, all your base, your soul is mine type EULA of their own.

      Seriously, if someone pulled even HALF the crap with apple, that apple is pulling with VLC, apple would crucify them.

    73. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      For use. Most software in the world is developed for someone to actually run on a system and produce some resulting data. You don't have to code something that's for sale to the public to write useful code. In fact, sometimes I'm inclined to think that the most useful end-user code in the world isn't made for wide distribution. Libraries are another story...

    74. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      The BSD establishes restrictions, too. They are different restrictions than the GPL, but they are real restrictions. They also allow you as a developer embracing and extending someone else's work to impose more restrictions on your fork of the code than the GPL would. So which is more free depends on who uses the license and how.

    75. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      No, it's not being forced to publish "your" code. It's being forced, upon publishing binaries made from someone else's code with your customizations to publish the sources as well. If you don't use someone else's GPLed code in the first place, they have no say in the license of your binaries. My advice to you is to not use GPLed code as the basis of your binaries if you don't want to publish sources and quit whining about being forced to make a tradeoff you don't have to make.

    76. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      You're not writing the original code if you are "forced" into using the GPL. Your binaries only must be released with source under the GPL if you redistribute someone else's work that you're using and they licensed that work under the GPL.

    77. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      Isn't the author and copyright holder of the work you're adding value to entitled to his or her share of the final value?

    78. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      You don't own the copyrights of a BSD-derived software. Why on earth you will to claim copyrights for a software you doesn't even own? Now wonder people hate the GPL license, it tries to give the original copyright holder access to any derived software from the original GPLed source.

    79. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      Just like people have the option to NOT buy Apple's phone and NOT buy stuff on their app store if you don't like their terms, so it's not "monopolistic".

    80. Re:VLC developer using this as soapbox!!! by Mix+Master+Nixon · · Score: 1

      I believe a region free DVD player would be an illegal DRM circumvention tool.

      (Love and agree w/your sig.)

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    81. Re:VLC developer using this as soapbox!!! by Burpmaster · · Score: 1

      WOOSH!

      I was satirizing you. Your sense of a failure to grasp socialism and communism comes from me holding a mirror to you.

      Also, you tacitly conceded my point that GPL grants more freedom than proprietary licenses. In that case, you have to admit that what you called communism is more free than free enterprise. So why all the hate directed at GPL?

    82. Re:VLC developer using this as soapbox!!! by Risen888 · · Score: 1

      That's right. GPL restricts your personal freedom to restrict others' personal freedom. That's the whole point.

      --
      Hey, I finally got my first freak! Took you long enough!
    83. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      I told you a legal way to play a russian DVD on an american player. Therefore it is not illegal and there is nothing preventing you from doing so except an arbitrary restriction on the DVD player you bought. So I countered your point successfully and my claim still stands.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    84. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      I believe a region free DVD player would be an illegal DRM circumvention tool.

      Why is it illegal? I can buy a region free DVD player at Future Shop. If it was illegal I couldn't do that.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    85. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      No, I just dont like the term 'free' applied to GPL software when it clearly isn't free. It's copyrighted software, plain and simple.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    86. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      Then they should charge for it. If they give it away free then it should really be free, not come with strings attached. GPL software is not 'free'.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    87. Re:VLC developer using this as soapbox!!! by Risen888 · · Score: 1

      I call bullshit. You may use any license you wish for your work. But if you're going to use our work, you're damn well going to play ball or you can go fuck yourself and write your own code.

      It's free speech. Sometimes it's even free beer. But it's not a free ride. Freeloader.

      --
      Hey, I finally got my first freak! Took you long enough!
    88. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      People call GPL software free when it is not. It's copyrighted software just like proprietary software. No difference.

      The posts all state that if I don't like the terms of the GPL licence then I dont have to use the software. Absolutely correct. And likewise if Apple doesn't like the GPL licence then they dont have to distribute the software. Shouldn't be a problem but the VNC author chose this stunt to try and push his own agenda. All this backlash just goes to prove my original point in that this is just soapbox nonsense.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    89. Re:VLC developer using this as soapbox!!! by blarkon · · Score: 1

      Microsoft's Active Directory DRM service is called "Rights Management Services" (RMS). Intentional that the way to DRM documents on Microsoft networks uses the acronym used by the founder of the Free Software movement to identify himself?

    90. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      Why on earth you will to claim copyrights for a software you doesn't even own?

      What makes you think I would claim copyright? What I write is clearly mine, and the entire package is simply redistributed as binary. Nothing more. I'm not claiming any copyright except for my stuff.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    91. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      You have confounded multiple definitions of "free". Please see a dictionary.

    92. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      If you have a GPL software (let's name it 'Another Compression Software 2010 (TM)'), and someone else used its source code as a base, make some modifications in a few places like the GUI etc., and then released it as 'Yet Another Compression Software 2010 (TM)' under the GPL, did that person own the whole copyright for the all the source code in the derivative software, or did that person only own the modification he/she has made? I believe the latter is correct, and that's why many people and companies out there avoids GPL software completely, and makes BSD-licensed source codes more appealing.

      If I have a BSD software (let's name it 'Another Music Player 2010 (TM)'), and someone else used its source code as a base, made some modifications in a few places like the GUI etc., and then released it as 'Yet Another Music Player 2010 (TM)', under the GPL (yes, you read it right), that person who make the derivative software will own the copyright to every single line of the newly-made GPL-ed software, and all he/she has to do is to give credit (as stipulated by the BSD license) and not violate my trademarks. Oh BTW, my own source code used as the base will still exist and available under the BSD for anyone else to use, modify and release on their own terms. My right will be preserved, and I don't have to whine for access to source codes of any other software which copyright I don't own (Yet Another Music Player 2010).

      This is why BSD is always better than GPL any day.

    93. Re:VLC developer using this as soapbox!!! by mfnickster · · Score: 1

      Not entirely correct - the copyright on the original code still belongs to the original authors, who have granted you rights to use it.

      An alternative scenario is that you base your derivative work on someone else's BSD code, and they modify their project later so that your code no longer works with their new binaries.

      If they don't want to give you the source for the new version, nothing under BSD requires them to give you that code. You are stuck with the older version forever, if that's what the original authors want. In this case, GPL is better (for you) than BSD.

      --
      "Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
    94. Re:VLC developer using this as soapbox!!! by foniksonik · · Score: 1

      Not sure if the argument has been made but... Pure freedom is not ideal. Free to submit to slavery, free to give up your freedom. This is the problem with real freedom. For software at least i believe this is the goal of GPL. To ensure that what was set free will remain free. Whether it has achieved this goal without adding new encumbrances is debatable certainly.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    95. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      Of course, the copyright of the ORIGINAL source code still belong to the ORIGINAL developers, under the BSD license. But the copyright of source code in the DERIVATIVE program, belongs to the DERIVATIVE programmer, whatever license the derivative programmer used. That's why anyone can lift a BSD-licensed source code and make it closed-source, even if there is no modification done at all to the original source code used in the closed-source version (credits should be supplied though). If what you say is true, a BSD-licensed code cannot be relicensed to another license (GPL or closed-source.)

      And your argument about the original developers not wanting to give the source code of a new version of their program to the the developers of the derivative program is simply bollocks. That will only happen if the original developers relicense their new program version to close-source license or a restrictive license like GPL. When that happened, the derivative application programmers will not be able to access the new closed-source version (understandable) or unable to because the new GPL license is incompatible their the license used by the derivative application programmers (unless of course if the derivative program used GPL as shown in my example above). If the new version is available under the BSD license like the older version does, then the derivative application developers can lift whatever they want from the original application's new version and adapt it into their program.

    96. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "that person who make the derivative software will own the copyright to every single line of the newly-made GPL-ed software,"

      False.

      They own the copyright to their changes, as in the previous situation, but they are using the rest under the license granted by the copyright holder, the BSD license.

      "My right will be preserved, and I don't have to whine for access to source codes of any other software which copyright I don't own (Yet Another Music Player 2010)."

      And that's fine, if you don't mind not having access to stuff that used your code as a base, and if you don't mind users not having access to the source code for the programs they are running. The GPL provides those users with the rights to the source for YAMP 2010, with the freedom to change and redistribute the program. If the people who relicensed your code chose a closed license then their end users would not have these rights.

      This is why GPL is always better than BSD any day, because the user has the freedom to modify and redistribute.

    97. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      Freedom of the user to access source code for a binary they've been given, therefore granting the user just as much freedom as everyone else in the chain. This is the big one BSD is missing.

      Dev A writes a BSD licensed component. Dev B takes it, extends it, ports it to a new device and sells the device to user C.

      User C, under BSD, has no right to the code running on the device (s)he bought. Under the GPL they do have this right, and the freedom to then change, develop and redistribute. This is how things like the linksys router scene crop up. The GPL protects the users freedom, BSD doesn't.

    98. Re:VLC developer using this as soapbox!!! by The+Mighty+Buzzard · · Score: 1

      No, what the GPL tries to give you is "what's set free, and any useful work anyone else ever does using it, will remain free". Take three hundred lines of code you really like from a GPL project, use them in your own, and you have to release your entire half-million line codebase or not be able to distribute it.

      Part of freedom is giving people the right to be assholes, so pretty much every OSS license falls short. If that's the way the author wants it, fine, but don't get all holier-than-thou and preach about freedom while you restrict what someone can do with your code.

      --
      Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
    99. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      Not trying to troll but the iPad is a piece of crap in my opinion.

      It has very limited capability.

      I would rather have a smart phone myself.

      VLC runs fine on Windows (all versions after 2k), Mac, Linux...Unix.....

      A device that is so constrained by it's hardware should be blamed before the software that runs on numerous systems without issues.

      I bet VLC would not run well on a 486 or a apple IIe, but I again blame the hardware.

    100. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      Except that software released directly to the public domain can easily be made completely non-free in many jurisdictions (e.g. a third party can simply copyright it and close it to everyone else). Even the original author can lose the right to use it except in countries like Germany that consider authorship to be non-transferable.

      IANAL, but I'm pretty sure I'm right on this one. See the GPL FAQ for more on this.

    101. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "False.

      They own the copyright to their changes, as in the previous situation, but they are using the rest under the license granted by the copyright holder, the BSD license."

      Yet the YAMP 2010's copyright belongs to the derivative developers, not the owner of the original program. The original developer who makes the BSD-licensed original program cannot go to the courts, claiming ownership to the GPL (or closed source) new program (with proper credit) and win. If I take a BSD-licensed application, change the bare minimum so that trademarked portions of the program was changed/removed, and make it available as mine (under GPL, with credit), I for sure can claim copyright for it.

      You need to have the ability to switch copyright ownership to be able to make BSD-licensed code be available under different license(s).

      "And that's fine, if you don't mind not having access to stuff that used your code as a base, and if you don't mind users not having access to the source code for the programs they are running. The GPL provides those users with the rights to the source for YAMP 2010, with the freedom to change and redistribute the program. If the people who relicensed your code chose a closed license then their end users would not have these rights."

      If the derivative program is not mine, why on earth should I get lawful access to the source code of the derivative program? Developers and users can still get access to my BSD-licensed source code. GPL may give users access to the source code of the YAMP 2010 (a freedom attained), but it prevents developers from using them for whatever purpose and license they want to use (another freedom lost). And if the derivative program developers used a closed source license for YAMP 2010, the end users and developers can still have the source code of AMP 2010, with complete freedom to do what they please with it.

    102. Re:VLC developer using this as soapbox!!! by aiht · · Score: 1

      Why would I bother developing something if I wasn't going to distribute it, either myself or someone I work for?

      Perhaps because you wanted to run it?
      Also, it sounds like you may not be aware that the definition of 'distribution' as used in the GPL does not include using the modified program in-house, even if it's by more people than just the developer.
      (See this question in the GPL FAQ).

    103. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "Yet the YAMP 2010's copyright belongs to the derivative developers, not the owner of the original program."

      The produced binary, yes. The source, no. Their alterations are under their copyright, the original bits are licensed under the terms of the BSD license.

      The original developer who makes the BSD-licensed original program cannot go to the courts, claiming ownership to the GPL (or closed source) new program (with proper credit) and win

      Yes they could, easily. WHAT they could win is not a lot, probably only attribution, but they could still win it because they copyright is not given to the new developer, only licensed.

      If I take a BSD-licensed application, change the bare minimum so that trademarked portions of the program was changed/removed, and make it available as mine (under GPL, with credit), I for sure can claim copyright for it.

      You are confused about copyright law. If you had complete copyright control of the new thing then you wouldn't have to attribute it to anyone as you would own it completely. You are using the code under the terms of the BSD license and must attribute as you yourself admit.

      "You need to have the ability to switch copyright ownership to be able to make BSD-licensed code be available under different license(s)."

      You really don't. Nobody is assigning you their copyrights by using the BSD license, they are just giving you a very permissive license.

      "If the derivative program is not mine, why on earth should I get lawful access to the source code of the derivative program?"

      Unless someone has given you the binary, then you don't. If someone has given you the binary, then you should get access to the source because that's what the original developer wanted, because the GPL has given you the freedom that the BSD didn't, to have the source of the program you are running.

      "Developers and users can still get access to my BSD-licensed source code."

      Which is useless because it won't run on $Hardware that the extended version came on.

      GPL may give users access to the source code of the YAMP 2010 (a freedom attained), but it prevents developers from using them for whatever purpose and license they want to use (another freedom lost).

      This is rather the point, that each has different freedoms. If you want users to be able to get the source for a binary they are given, then use GPL. If you want developers to be able to distribute binaries without source further down the line, then use BSD.

      Me, as a user of devices that have come with linux on them, and being interested in customising them, I'm very glad that the likes of western digital are required to release the source for the software on the NAS I bought, because I have the freedom to look at what they did and change it without having to completely reverse engineer the platform support. As a user I now have freedom and control over my device which the BSD license would not have allowed me. And given the terrible state of the source tarball I did get from WD I have no doubt that if they had used BSD software they just wouldn't have released it.

      "And if the derivative program developers used a closed source license for YAMP 2010, the end users and developers can still have the source code of AMP 2010, with complete freedom to do what they please with it."

      Not necessarily any use at all, as explained above.

      Look - I'm not out for a dick-waving contest here, or a "my license is better than yours" contest (Ok, so I may have said that in the last post, but it was just a reaction to your initial assertions. Just realise that that neither is 'more free' than the other, they provide different freedoms. I personally prefer the GPL because if I write open software for 'the community' then if you want to use it then I want you to play by the same rules and let people further down the chain continue to have freedom to examine and modify their software. That's important to me. If it means a third party ca

    104. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "The produced binary, yes. The source, no. Their alterations are under their copyright, the original bits are licensed under the terms of the BSD license.
      Yes they could, easily. WHAT they could win is not a lot, probably only attribution, but they could still win it because they copyright is not given to the new developer, only licensed. You are confused about copyright law. If you had complete copyright control of the new thing then you wouldn't have to attribute it to anyone as you would own it completely. You are using the code under the terms of the BSD license and must attribute as you yourself admit."

      "You really don't. Nobody is assigning you their copyrights by using the BSD license, they are just giving you a very permissive license."

      Considering that credit has already being given, why not? BSD is little different than CC-BY anyway. You don't even have to change a single line/bit of the source code material to make it yours, attribution (or credits as I call it) is all is needed. Ever wonder why the CC Board recommends the plain 3-clause BSD license as licenses for software (alongside CC GPL and CC LGPL)? Emphasize on the CC *GPL thing!

      "Unless someone has given you the binary, then you don't. If someone has given you the binary, then you should get access to the source because that's what the original developer wanted, because the GPL has given you the freedom that the BSD didn't, to have the source of the program you are running."

      Whoa, I have no idea that BSD license prevent the recipient from getting the source code. Since when did this happen?

      "Which is useless because it won't run on $Hardware that the extended version came on."

      GPLv2 (or BSD etc) doesn't mandate that access to source code must be complemented too with the right to run the compiled code on certain hardware. Even the likes of Linus sees the stupidity of GPLv3/AGPL and vowed to not use the license for Linux. BTW, my example of YAMP 2010 GPL will run on the same platform that the original BSD AMP 2010 will too.

      Isn't this more proof why GPL has become even more abhorrent to many individual and companies as timer goes on?

      "This is rather the point, that each has different freedoms. If you want users to be able to get the source for a binary they are given, then use GPL. If you want developers to be able to distribute binaries without source further down the line, then use BSD."

      With BSD, recipients of the binaries can also get the source code. Since when this isn't so? When I make my program available with BSD license, users will get binaries and source code. I don't control (or want to, unlike some GPL zealots out there) the licenses of what the programmers of the derivatives of my BSD program want to use. If the derivative is closed-source, users can always go to the original source and have their way with it.

      BSD allows users & developers to get binaries and source codes of my BSD program. Maybe the derivatives doesn't allow access to their source code, but with proper credit, the users will know where the derivative comes from, and goes straight to the source. This is valid 99% of the time.

      "Me, as a user of devices that have come with linux on them, and being interested in customising them, I'm very glad that the likes of western digital are required to release the source for the software on the NAS I bought, because I have the freedom to look at what they did and change it without having to completely reverse engineer the platform support. As a user I now have freedom and control over my device which the BSD license would not have allowed me. And given the terrible state of the source tarball I did get from WD I have no doubt that if they had used BSD software they just wouldn't have released it."

      Yet, just in case if Western Digital uses a BSD OS, and did not release the source code, I as a developer and a user, can go straight to the source that Western Digital also uses for their NAS, and get the source code there. And with the terrible job Western Dig

    105. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "Considering that credit has already being given, why not?"

      Because that's not how it works, the author is not assigning the copyright to you. If they were there would be no legal need for attribution as you would be the copyright owner.

      "With BSD, recipients of the binaries can also get the source code. Since when this isn't so"

      They have no right to get the source code for the binary they have been given. The original author has no obligation to to provide anything either. The BSD does give the user the right to the source of the code they are running.

      Yet, just in case if Western Digital uses a BSD OS, and did not release the source code, I as a developer and a user, can go straight to the source that Western Digital also uses for their NAS,

      Which may or may not be available anywhere and doesn't have any of the stuff in it that make it work on that model, so good luck with that.

      "and get the source code there. And with the terrible job Western Digital has done with their own customized BSD OS (if your claim is accurate), I might as well do so."

      Except that the device specific initialisation is going to be missing, and it's going to cost you months instead of days to get any useful results.

      I have already said to you in this post that both users and developers benefits more on BSD license, as opposed to GPL which only benefits users.

      Yes, and you were just as wrong then as you are now.

      If I write software, I will make it available on BSD license so that users and developers can actually use them as they sees fit, not tied down by the policies of RMS and FSF.

      The GPL doesn't tie you to the policies of RMS and the FSF either.

      BSD can guarantee source code availability

      Not of the derivative program I'm running and not really at all, nobody is obliged to provide any source under BSD.

      (no more bullsh*t about BSD programs doesn't give you source codes)

      It's not bullshit.

      and the licensing flexibility that developers won't get from GPLed codes.

      Yes, the flexibility to deny source code to their users.

    106. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      typo - "The BSD does give the user the right to the source of the code they are running." should read "The BSD does not give the user the right to the source of the code they are running."

    107. Re:VLC developer using this as soapbox!!! by vadim_t · · Score: 1

      No, you still don't get it. I repeat:

      Your initial claim is "The only thing DRM is preventing you from is breaking the law". So, why is there such a thing as a region lock? To make your statement true, there must necessarily be something that makes playing a DVD from the wrong region unlawful.

      In that sentence, you're painting DRM as something that enforces an existing law, and helps people avoid accidentally infringing it. A bit like a car that automatically knows the maximum speed on each road, and refuses to go faster than the limit. The existence of a car without such a limit only means that you must obey the limit on your own. It doesn't suddenly become lawful to speed, just because you found a car that allows it to happen. Even if that car is completely legal to sell.

      So in the same way, to make that sentence true, a region lock must necessarily be a way of making the user comply with some law that says "The user must not play a DVD from the wrong region", and in the absence of technological enforcement, the user must still comply with the rule, and not play it.

      Otherwise, I win the argument and there's such a thing as DRM that forbids people from doing things that are perfectly legal.

    108. Re:VLC developer using this as soapbox!!! by kenshin33 · · Score: 1
      GPL is based on copyright. let's say for the sake of the argument that if the notion of copyright is non existent. I tend to agree with you. You basing you work on someone else's and selling it wouldn't prevent anyone else from doing the same with your work (decompiling it and improving it) everybody is free no? But the world we live in is not like that and there is copyright, so by letting someone do what ever the hell they want with someone else's work doesn't guarantee that they'll let other people do what ever they want. So a lot of people choose to force other people who use their work to pay the same courtesy they got to others and it's fair to everyone.
      On some other note I think the GPL is more concerned with code that people, basically it is forcing people to "free" the code.

      Is there something wrong with trying to make a profit? Shouldn't the free market decide if the value I add to a product is worth paying for?

      free market you say??? where is it???? have you ever seen it?? i m pretty sure it is dead ... suicide

    109. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "Because that's not how it works, the author is not assigning the copyright to you. If they were there would be no legal need for attribution as you would be the copyright owner."

      The transfer of copyright happened when the term of the license is complied to (credit). It is comparable to how CC-BY works.

      "They have no right to get the source code for the binary they have been given. The original author has no obligation to to provide anything either. The BSD does give the user the right to the source of the code they are running."

      So I can actually make a BSD-licensed software but yet not make the source code available? Somehow I feel that argument of yours will not fly in any self-respecting courts in the US.

      "Which may or may not be available anywhere and doesn't have any of the stuff in it that make it work on that model, so good luck with that."

      No, Western Digital will have to tell their users where on earth they swiped the source code from.

      "Except that the device specific initialisation is going to be missing, and it's going to cost you months instead of days to get any useful results."

      Considering that WD use off-the-shelf parts for their NAS, I will beg to differ. Disclaimer: I work for Western Digital until the end of last year.

      "The GPL doesn't tie you to the policies of RMS and the FSF either."

      I raise you GPLv3/APGL. Tivo and Google has done nothing wrong with their usage of Linux, yet FSF and RMS sees it fits to create GPLv3 and AGPL. Thank God Mr. Torvalds doesn't bite. GPLv3 and AGPL reflects the militant stance of FSF and RMS.

      "Not of the derivative program I'm running and not really at all, nobody is obliged to provide any source under BSD."

      The option by derivative programs to not offer source code is a freedom given to you by the BSD license, not a drawback. That's why BSD is superior than GPL. It is called flexibility.
      And by using BSD license, source code availability is pretty much guaranteed. Can you cite any famous BSD-licensed project that doesn't make their source code available?

      Do you realize that BSD is an OSI-approved license? I wonder if OSI will approve the license if source code is not guaranteed.

    110. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      The transfer of copyright happened when the term of the license is complied to (credit).

      Really, it didn't, you might want to look at the legal situation a bit more closely if you think that's the case. There is no transfer of copyright. You simply have a license to use the code under the terms of the BSD license. These terms are very, very permissive as we know, but they are still there and must be complied with. If copyright was actually transferred you wouldn't have to abide by the attribution clause because you would own the copyright. What you have is a license, how many more times does this need to be said?

      So I can actually make a BSD-licensed software but yet not make the source code available? Somehow I feel that argument of yours will not fly in any self-respecting courts in the US.

      Yes. It would be totally pointless, but you could, easily do so.

      More to the point I was actually trying to make - Developer A writes BSD code. Developer B grabs a copy, alters it, embeds it in some device or program. This takes them 2 years. User C buys the device or program. In those two years Developer A got bored and took down their website. Now there is no code at all available to user C, let alone the code that is actually running on their device. With GPL Developer B would be responsible for getting the code to User C. With BSD nobody has to give it to them.

      Considering that WD use off-the-shelf parts for their NAS, I will beg to differ. Disclaimer: I work for Western Digital until the end of last year.

      Then you should know that even when using the same ARM core, things can be set up and attached to the core in multiple different ways, with multiple different GPIO/MPP/IRQ configurations, onboard memory devices, ethernet controllers, SATA setups, custom button and LED controllers and a multitude of other board specific stuff.

      I raise you GPLv3/APGL. Tivo and Google has done nothing wrong with their usage of Linux, yet FSF and RMS sees it fits to create GPLv3 and AGPL. Thank God Mr. Torvalds doesn't bite. GPLv3 and AGPL reflects the militant stance of FSF and RMS.

      What is right and wrong in this situation? Some GPL code contributors didn't want people to be able to use their code in a situation where the user has no freedom to alter their device, so they went to GPLv3. Some had a problem with software patents and so they went to GPLv3. Some thought that what Tivo did was fine, so they stuck with v2. They were making a trade-off between the rights of developers and the rights of end users. BSD is further along towards developer rights, GPL more towards user rights.

      "The option by derivative programs to not offer source code is a freedom given to you by the BSD license, not a drawback. That's why BSD is superior than GPL. It is called flexibility.

      It's a freedom to deny freedom to others. It is a drawback for anybody that you give the derivative program too. They have no rights under BSD.

      And by using BSD license, source code availability is pretty much guaranteed.

      No, it isn't, as discussed above, it's only available as long as someone wants to provide it, and then it's quite likely not to be the version you're running.

      Can you cite any famous BSD-licensed project that doesn't make their source code available?

      Why would I cite a famous one? it's the less famous ones that will suffer from this, the stuff round the edges.

      Do you realize that BSD is an OSI-approved license? I wonder if OSI will approve the license if source code is not guaranteed."

      Sorry, can you point to the part in the BSD license that says that I have to make any code I release under BSD available forever and to anyone that asks?

      I don't remember that section.

      The BSD does nothing to guarantee that someone who receives a binary can get the source, any source.
      That is the fact of the matter.
      It does nothing to guarantee anything and that's its strength to you, it's also its weakness to me.

    111. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "Really, it didn't, you might want to look at the legal situation a bit more closely if you think that's the case. There is no transfer of copyright. You simply have a license to use the code under the terms of the BSD license. These terms are very, very permissive as we know, but they are still there and must be complied with. If copyright was actually transferred you wouldn't have to abide by the attribution clause because you would own the copyright. What you have is a license, how many more times does this need to be said?"

      How many times I have said that transfer of copyright is possible, like in CC-BY? I can take a CC-BY article, change a font and typeface here and there, and make the authorship as me as long as the credit is given.

      "Yes. It would be totally pointless, but you could, easily do so.

      More to the point I was actually trying to make - Developer A writes BSD code. Developer B grabs a copy, alters it, embeds it in some device or program. This takes them 2 years. User C buys the device or program. In those two years Developer A got bored and took down their website. Now there is no code at all available to user C, let alone the code that is actually running on their device. With GPL Developer B would be responsible for getting the code to User C. With BSD nobody has to give it to them."

      So, your problem is mostly technical instead of legal. Here I thought Developer A actively prevent User C from accessing Developer A's source code. Then there is nothing wrong at all with what Developer A or B has done, under the BSD license. You have to prove malice upon the part of Developer A to even make this fly on self-respecting USA courts.

      "Then you should know that even when using the same ARM core, things can be set up and attached to the core in multiple different ways, with multiple different GPIO/MPP/IRQ configurations, onboard memory devices, ethernet controllers, SATA setups, custom button and LED controllers and a multitude of other board specific stuff."

      AFAIK, Western Digital doesn't come out with one distinct Linux mini-distro for each hardware config they have out there. Bare-metal coding does have its drawbacks when it comes to maintainability but the company at least have one (actually, a few) base mini-distro they are basing their firmware with. You are over exaggerating the complexities of the firmware, but then again if you want to say that the developers can be retarded sometimes, I don't really have anything to say against that.

      "It's a freedom to deny freedom to others. It is a drawback for anybody that you give the derivative program too. They have no rights under BSD."

      I don't give the derivative program of my program to anybody. The freedom to deny freedom to others is a plus, unlike what you may have said. If the users of the derivative program doesn't like it, then they can always go to the original program. Even the developers of the derivative program cannot stop them.

      "Sorry, can you point to the part in the BSD license that says that I have to make any code I release under BSD available forever and to anyone that asks?

      I don't remember that section.

      The BSD does nothing to guarantee that someone who receives a binary can get the source, any source.
      That is the fact of the matter.
      It does nothing to guarantee anything and that's its strength to you, it's also its weakness to me."

      The OSI certification for BSD license (3-clause) stipulates that it must follow the Open Source Definition guidelines. One of the guidelines mandates that source code must always be made available. This alone makes the users of BSD license programs to make available the relevant source codes for their program.

      Well, I can be wrong if I somehow miss the news that BSD OSI certification has been revoked. Can you point me to such a source? The OSD is available at http://opensource.org/docs/osd and it applies to BSD license too.

      "The GPL puts the responsibility for the source onto t

    112. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "How many times I have said that transfer of copyright is possible, like in CC-BY? I can take a CC-BY article, change a font and typeface here and there, and make the authorship as me as long as the credit is given."

      If you owned the copyright then you wouldn't have to give credit.
      You have a license to use the original content and you have copyright over the derived versions (or parts of it). There are differences.
      This is the last I will say on this topic as it's clear you have trouble understanding.

      "So, your problem is mostly technical instead of legal. Here I thought Developer A actively prevent User C from accessing Developer A's source code. Then there is nothing wrong at all with what Developer A or B has done, under the BSD license. You have to prove malice upon the part of Developer A to even make this fly on self-respecting USA courts."

      Make what fly? There is no legal issue here and there's nothing for the courts to get involved with. Under BSD nobody has any legal obligation to provide source, so it's possible that if a user wants source to an application under BSD they won't be able to get it, because nobody wants to give it to them. Perfectly legal. No need to get any courts involved. I don't know what the hell you're driving at here, but you're not making any sense.

      I'm pointing out the difference between the two licenses, that in a BSD situation customer C might not be able to get source to the software running on their device, but under GPL they can. Do you dispute this? Because if you do we may as well give up here.

      "The freedom to deny freedom to others is a plus"

      Not to a lot of people. What don't you understand about this? How long is it going to take to get through your incredibly thick skull to the slow, half-dead brain-matter that's inside it? This is not seen by everyone as a plus, or "more" free than the other way. In fact many people see that as a massive negative.

      This has been my whole point since the first post, people disagree about what constitutes freedom, If you want the freedom to deny freedom to others you go for it. People like me will continue grant freedom to end users in what we do, and deny people like you the freedom to make closed versions of our code. There are different freedoms. GPL gives some, BSD gives others.

      End of fucking story.

    113. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "If you owned the copyright then you wouldn't have to give credit.
      You have a license to use the original content and you have copyright over the derived versions (or parts of it). There are differences.
      This is the last I will say on this topic as it's clear you have trouble understanding."

      You don't get the copyright unless you do attribution. Nice try at skirting my CC-BY example. Why don't you refute my easily understandable CC-BY example if you really think you are right?

      "I'm pointing out the difference between the two licenses, that in a BSD situation customer C might not be able to get source to the software running on their device, but under GPL they can. Do you dispute this? Because if you do we may as well give up here."

      The reason for your hypothetical situation is technical, not legal. In this Internet day and age, the mandatory availability of the source code by Developer A, who will likely use third-party repositories like sourceforge/github, will ensure that your scenario will not happen.

      OSI certification ensures that the source codes for programs that used BS license will be available.

      "Not to a lot of people. What don't you understand about this? How long is it going to take to get through your incredibly thick skull to the slow, half-dead brain-matter that's inside it? This is not seen by everyone as a plus, or "more" free than the other way. In fact many people see that as a massive negative."

      Not to a lot of people? Tivo, Google, Linksys, ASUS and Microsoft (and plenty of other companies) seems to disagree. In fact, there are many individuals too that did not agree. Including me. Ever wonder why we have many other permissive licenses such as MPL, MS-RL, Apache License, CDDL etc.? Maybe because there are plenty of people out there who simply doesn't subscribe to what FSF and RMS says?

      "This has been my whole point since the first post, people disagree about what constitutes freedom, If you want the freedom to deny freedom to others you go for it. People like me will continue grant freedom to end users in what we do, and deny people like you the freedom to make closed versions of our code. There are different freedoms. GPL gives some, BSD gives others."

      My point is BSD will give all the freedoms that GPL gives the users and developers, plus even more. BSD is a super-set of GPL. Different freedoms? Hell no!

    114. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "The reason for your hypothetical situation is technical, not legal. In this Internet day and age, the mandatory availability of the source code by Developer A, who will likely use third-party repositories like sourceforge/github, will ensure that your scenario will not happen."

      you have a different understanding of the word mandatory to everyone else in the world. The BSD license does no make it mandatory to do this.

      "My point is BSD will give all the freedoms that GPL gives the users and developers, plus even more. BSD is a super-set of GPL. Different freedoms? Hell no!"

      Then you're living in cloud cuckoo land. It's that simple.

    115. Re:VLC developer using this as soapbox!!! by Wovel · · Score: 1

      THat made sense to me , so it must be bed time.

    116. Re:VLC developer using this as soapbox!!! by Wovel · · Score: 1

      Thanks for dragging the Apache license into this :)

    117. Re:VLC developer using this as soapbox!!! by Wovel · · Score: 1

      It also gives them the right not to.

    118. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "you have a different understanding of the word mandatory to everyone else in the world. The BSD license does no make it mandatory to do this."

      The OSI certification made it mandatory for source code to be made available. Else, the certification will be revoked. Read the OSD again at http://opensource.org/docs/osd and burn the document contents on your mind. With BSD license, making the source code available IS MANDATORY!

      "Then you're living in cloud cuckoo land. It's that simple."

      With many companies and individuals listed in my previous post out there, I dare say I am living in col-hard reality!

    119. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "The OSI certification made it mandatory for source code to be made available. Else, the certification will be revoked. Read the OSD again at http://opensource.org/docs/osd and burn the document contents on your mind. With BSD license, making the source code available IS MANDATORY!"

      1. It's not in the license.
      2. Still doesn't mean people down the chain can necessarily get at it, and they certainly aren't guaranteed access to derived code.
      3. You might want to check out this thread in which it is discussed and people come to the conclusion the the OSI term "source must be available" refers to whether a piece of software is open source, not a given license.

      "With many companies and individuals listed in my previous post out there, I dare say I am living in col-hard reality!"

      Yet end users still don't have the freedom to get the source code for derived versions under the BSD license, a freedom granted under GPL, and a freedom you don't consider worth protecting. I don't consider the freedom to make closed derivatives worth protecting.
      If you still don't accept that GPL and BSD provide different freedoms for different people, well, I've done my best. You're still wrong.

    120. Re:VLC developer using this as soapbox!!! by Tim+C · · Score: 1

      If you want to take somebody else's code and do something with it (modify it, build something on top of it, etc.) they have the right to request you treat their code in the way that they wish.

      Only if you distribute it. You're free to take as much GPLed code as you want and change it, copy it, etc as much as you want, as long as you don't give the binaries to anyone else. If you do, then you also have to make the source available.

    121. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "1. It's not in the license.
      2. Still doesn't mean people down the chain can necessarily get at it, and they certainly aren't guaranteed access to derived code.
      3. You might want to check out this thread in which it is discussed and people come to the conclusion the the OSI term "source must be available" refers to whether a piece of software is open source, not a given license."

      1. Being an OSI-certified license, mean
      2. Derived software source code is not guaranteed being available is a built-in feature for BSD license. Access to the original sourced code is guaranteed legally, but not necessarily technically (sourceforge down or something like that)
      3. BSD-licensed programs is definitely an open-source software. Only from you I have heard that BSD-licensed programs is a closed-source software which source-code is not freely available. Any programs that used an OSI-approved license (BSD or GPL or MPL or CDDL etc.) must make the source code available.

      "Yet end users still don't have the freedom to get the source code for derived versions under the BSD license, a freedom granted under GPL, and a freedom you don't consider worth protecting. I don't consider the freedom to make closed derivatives worth protecting.
      If you still don't accept that GPL and BSD provide different freedoms for different people, well, I've done my best. You're still wrong."

      Yet end users still doesn't have the freedom to modify and release GPL codes in different licenses that they wanted, a freedom you get with BSD license but was taken away by the GPL license. You can get around the problem of derivative programs not making their source codes available by bypassing the derivative program and going straight to the original source (which will always be available, no matter what bullsh*t you are trying to perpetuate). Like that, end users and other developers will also get the same right as the developers of the closed-source derivative program. You cannot do the same with GPL, and that's a fact.

      With BSD license, you can have your cake and eat it too. Not so with GPL. The freedom to make closed alternatives is a freedom worth protecting, and the huge number of people using the likes of MPL, CDDL, Apache License etc. shows that I am right. If GPL is right all the time, those liberal licenses will not exist.

    122. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "1. Being an OSI-certified license, mean"

      completing the sentence above, it reads

      1. Being an OSI-certified license, means that source code is going to be available, period. This is proven by the fact that all known BSD-licensed programs out there made their source code freely available. Unless sourceforge is down.

    123. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      "1. Being an OSI-certified license, means that source code is going to be available, period. This is proven by the fact that all known BSD-licensed programs out there made their source code freely available. Unless sourceforge is down."

      No, being an OSI certified piece of software means its available. Nothing in the BSD license says you have to put the code on the net or anywhere else.

      "2. Derived software source code is not guaranteed being available is a built-in feature for BSD license."

      Yes, we know this.

      Access to the original sourced code is guaranteed legally, but not necessarily technically (sourceforge down or something like that)

      No, no it's not legally guaranteed, please refer to the BSD license, not the OSI.

      3. BSD-licensed programs is definitely an open-source software. Only from you I have heard that BSD-licensed programs is a closed-source software which source-code is not freely available. Any programs that used an OSI-approved license (BSD or GPL or MPL or CDDL etc.) must make the source code available.

      I didn't say BSD licensed code is closed source, I'm saying that to meet the OSI definition of open source software takes more than the provisions in the BSD license. (Which isn't really important to this debate anyway, as the OSI can't legally enforce anything except the use of their trademark, they don't even have the rights to the term "Open Source")

      Any programs that used an OSI-approved license (BSD or GPL or MPL or CDDL etc.) must make the source code available

      False. I can write a program, BSD license it, give it and the source to someone else, they can make a closed derivative, and I am under no obligation to put the code up anywhere. The OSI may not like it, OSI may say what I did is not open source by their definition, but the BSD license allows that just fine and there's nothing anyone can do about it.

      Yet end users still doesn't have the freedom to modify and release GPL codes in different licenses that they wanted, a freedom you get with BSD license but was taken away by the GPL license.

      I'm not disputing that. It's one of the freedoms BSD allows that GPL doesn't.

      You can get around the problem of derivative programs not making their source codes available by bypassing the derivative program and going straight to the original source

      Only if it's available, nobody has a legal obligation to do that. Read the fucking license if you don't believe me. The OSI is not important and have no rights here. Further to that, it's not the same code that is running on your device and is a lot less useful as a result.

      Like that, end users and other developers will also get the same right as the developers of the closed-source derivative program. You cannot do the same with GPL, and that's a fact.

      You're sputtering and not making much sense again. Everyone gets the same rights as each other with GPL too, they just don't get the right to make closed derivatives.

      The freedom to make closed alternatives is a freedom worth protecting

      In your opinion. Not in mine.

      If GPL is right all the time, those liberal licenses will not exist.

      Didn't say the GPL was right all the time, I said it provided a different set of freedoms to BSD, which it does. A set I prefer for any FOSS work I do. You don't, that's up to you.

      The BSD license does not provide the end user with the right to the source code for a program they are given. That is a fact. That is a freedom the BSD license does not provide. You cannot get away from this no matter how hard you squirm and insist that the user can go back to an original version or whatever else. It's not the same thing.

      Now I don't give a flying fuck which you prefer, and which you want to use, and which suits your motives better, that's your choice as an author of software.

      My choice is to provide end users with the freedom to get the code in any program they run that has my stuff in it.

    124. Re:VLC developer using this as soapbox!!! by mfnickster · · Score: 1

      That will only happen if the original developers relicense their new program version to close-source license or a restrictive license like GPL.

      No, I mean they can keep the license the same (BSD or the like) and still not give you any code.

      Just because the license permits them to give you changes doesn't compel them to give you the new code. They can distribute their binaries without source if they feel like it.

      --
      "Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
    125. Re:VLC developer using this as soapbox!!! by Lotunggim+Ginsawat · · Score: 1

      "No, being an OSI certified piece of software means its available. Nothing in the BSD license says you have to put the code on the net or anywhere else."

      OSI doesn't certify software, it certify licenses. Using an OSI-certified license like BSD and GPL means that source code availability is guaranteed. Since when OSI becomes like those sham ISO9001-like certifications anyway?

      "No, no it's not legally guaranteed, please refer to the BSD license, not the OSI."

      No, being OSI-certified, it means that source-code availability is guaranteed. No ifs and buts.

      "I didn't say BSD licensed code is closed source, I'm saying that to meet the OSI definition of open source software takes more than the provisions in the BSD license. (Which isn't really important to this debate anyway, as the OSI can't legally enforce anything except the use of their trademark, they don't even have the rights to the term "Open Source")"

      To get the OSI certification, the BSD license must comply with all the bullet points in the OSD. You cannot even miss one. Absence of a written guarantee implied compliance, else the list of OSI-approved license will dwindle dramatically. While 'Open source' is not trademarked by OSI, the OSI itself has lots of clouts in the IT world.

      "False. I can write a program, BSD license it, give it and the source to someone else, they can make a closed derivative, and I am under no obligation to put the code up anywhere. The OSI may not like it, OSI may say what I did is not open source by their definition, but the BSD license allows that just fine and there's nothing anyone can do about it."

      Regents of the University of California can sue you for misusing their license and win, easily. That's why you don't see any BSD-licensed programs out there that doesn't make source-code available. Why don't you try it? Make a good BSD-licensed software, then not make the source code available. The people at OSI will not sue you, but the lawyers at SFLC will be. You better be not living in the US.

      "Only if it's available, nobody has a legal obligation to do that. Read the fucking license if you don't believe me. The OSI is not important and have no rights here. Further to that, it's not the same code that is running on your device and is a lot less useful as a result."

      It will always be available, the source code. The OSI is important, if they found out that BSD license doesn't follow the OSD to the letter, their certification will be revoked. A revocation will be a huge news to the IT world, it is like Apple going banrupt or something like that.

      "You're sputtering and not making much sense again. Everyone gets the same rights as each other with GPL too, they just don't get the right to make closed derivatives."

      With BSD, you got the right to get closed source alternatives.

      "Didn't say the GPL was right all the time, I said it provided a different set of freedoms to BSD, which it does. A set I prefer for any FOSS work I do. You don't, that's up to you.

      The BSD license does not provide the end user with the right to the source code for a program they are given. That is a fact. That is a freedom the BSD license does not provide. You cannot get away from this no matter how hard you squirm and insist that the user can go back to an original version or whatever else. It's not the same thing."

      BSD license guarantees source code availability, no matter how you spin it. I dare you to make a program under BSD license, make the binary available to public but not the source code. EIther I will report you to SFLC or I can simply sue you at the courts. You underestimate the importance of OSI (even FSF doesn't dare go against them) and the influence that the OSD has (even Microsoft follows the OSD rules). Only you thinks that OSD is unimportant, while the software giants like Sun (Oracle now) and Microsoft follows its rules.

      Only in your world, that BSD license makes source code availability optional.

      "Now I don't give a flying fuck which you prefer, and which

    126. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      The transfer of copyright happened when the term of the license is complied to (credit). It is comparable to how CC-BY works.

      There is no transfer of copyright in CC-BY. There is a grant of certain rights.

      Really? "You may have the copyright on this code if you put in a notice that the copyright belongs to me" ?

      You're out to lunch, man.

    127. Re:VLC developer using this as soapbox!!! by Burpmaster · · Score: 1

      People call GPL software free when it is not. It's copyrighted software just like proprietary software. No difference.

      You aren't the Ministry of Truth. You don't get to dictate the definitions of words to people. To the general public, 'free' means you can get it and use it without paying any money. That is true of GPL'd software.

      To the general public, free in the sense of freedom does NOT extend to taking freedom away from others. Freedom means you have (or can have) land and property and you can decide what to do with them. It also means you have a reasonable amount of safety. Freedom does NOT mean you're allowed to rob people or commit murders. In such a society, you'd actually be less free, because other people would also be able to do those things to you. When is the last time you heard someone complain that their freedom was being infringed by all the laws against theft, murder, and arson?

      Freedom is power over yourself, not power over others. GPL grants you freedom.

      The posts all state that if I don't like the terms of the GPL licence then I dont have to use the software. Absolutely correct. And likewise if Apple doesn't like the GPL licence then they dont have to distribute the software.

      And that's what the author requested, and it's what Apple will most likely do. So what's the issue, then? Why are you up on your soapbox over this?

      Shouldn't be a problem but the VNC author chose this stunt to try and push his own agenda.

      What stunt? Trying to make sure the license terms are actually followed? Is MGM pulling a stunt when they have one of their movies taken off YouTube? Are software companies pulling a stunt when they go after people torrenting their software? Would you be pulling a stunt if you sued me for distributing pirate copies of software you wrote?

      All this backlash just goes to prove my original point in that this is just soapbox nonsense.

      The 'backlash' proves nothing other than people's opinions on the subject. Though your statement shows how desperate you are to rationalize your point of view that you have to grasp at a bandwagon fallacy.

    128. Re:VLC developer using this as soapbox!!! by coaxial · · Score: 1

      There are good reasons to use one over the other, but I'm sorry, freedom has different definitions. GPL grants freedoms to end users that BSD does not. BSD grants rights to developers and distributors that GPL does not. It is not magically "more free".

      How dare you imply that freedom is not an absolute concept, defined in terms such that what is currently politically convenient for me maximizes this concept, while what is currently politically inconvenient for me minimizes this concept! Clearly, you must be aligned with the group I currently am told I must fear and hate the most!

    129. Re:VLC developer using this as soapbox!!! by The+Mighty+Buzzard · · Score: 1

      You're not, at least in the US. Here, it's currently impossible to release anything into the public domain. You'll take your automatic copyright and like it. Which is why I currently favor the Beerware license when going for freedom purposes.

      My code remains mine but you're free to do whatever you like with it. Plus there's an outside possibility of free beer.

      --
      Violence is like duct tape. If it doesn't solve the problem, you didn't use enough.
    130. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      As the other poster below said, you're totally out to lunch.

      The OSI doesn't mean shit, and they are not a party to any code I license. The regents of the University of California likewise. You live in a fantasy world.

    131. Re:VLC developer using this as soapbox!!! by Nursie · · Score: 1

      By the way, I just sent a BSD licensed copy of my (cleanroom!) implementation of helloworld.c to my friend chris. He's going to change it to say "Hellow orld" and release it under a closed license. I'm not putting the code out anywhere though.

      Gonna sue me now?

      You're totally cracked!

    132. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      What you are saying is basically 'region lock is part of DRM and since breaking DRM is illegal then trying to play one regions DVD on another regions player is illgal but there is no law saying that is illegal therefore DRM is stupid."

      DRM is much more than just region lock. Region locking is solely a marketing and distribution restriction. There's no law against that hence my pointing out you can buy regionless players and play anything you wnat without restriction. That doesn't mean you can legally break DRM and copy movies. These are two completely different aspects of DRM.

      So yes, DRM is preventing you from illegal copying. Region codes can legally be bypassed by buying hardware that doesn't use it. There's no conflict.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    133. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      Free as in no change and no strings. If I gave you a 'free' car but then told you where and when you had to drive it, then it's not really that free is it?

      GPL is not free. The software my be no charge, but it is copyrighted software - not free.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    134. Re:VLC developer using this as soapbox!!! by vadim_t · · Score: 1

      No, I'm still arguing with the statement you originally made: "The only thing DRM is preventing you from is breaking the law". We'll argue one subject at a time.

      I think we can agree that there are many kinds of DRM, and one of them is region locking. One way of testing your sentence is replacing "DRM" in your sentence with every specific kind of it, and seeing if it still holds in all cases. So:

      "The only thing region locking is preventing you from is breaking the law".

      So I ask again. Which law?

      There's no law against that hence my pointing out you can buy regionless players and play anything you wnat without restriction.

      Ok, you admit it yourself. Do you agree then that your original statement, "The only thing DRM is preventing you from is breaking the law" is incorrect?

      Whether a legal workaround exists or not is entirely irrelevant for that specific question. It's either true, or false, no ifs or buts.

    135. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      You need to talk to a copyright lawyer or something, because you literally don't know what you're talking about.

      Neither the BSD nor GPL licenses require you to distribute anything. They set the terms of what you can do if you choose to distribute.

      The GPL allows you to distribute 1) source code, 2) source code + binaries, or 3) binaries with an offer of source code. It also requires the full text of the GPL to be distributed with your code.

      The BSD allows you to distribute source or binaries or both, as long as you include the copyright notice.

      The OSI certification means that the license can't disallow you from distributing the source, if you have a copy. That's all; it doesn't entitle you to a copy of the source.

    136. Re:VLC developer using this as soapbox!!! by Palshife · · Score: 1

      Exactly. This is why "free" isn't a Utopian concept. Totally free means you can kill me without restriction.

      I rather like restrictions.

      --
      Attention deficit disorder is a complicated issue, spanning several major... HEY LET'S GO RIDE BIKES!
    137. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      There's another term for what you're describing, it's "public domain."

      Still, I agree that RMS should have chosen a moniker other than "free software," just because it is so obviously subject to misinterpretation.

    138. Re:VLC developer using this as soapbox!!! by SETIGuy · · Score: 0, Troll

      GPL doesn't let me do either without giving away how I did it by releasing the source code.

      Are you really bitching that GPL doesn't allow you to steal the work of others and sell it as your own?

    139. Re:VLC developer using this as soapbox!!! by SETIGuy · · Score: 1

      Is there something wrong with trying to make a profit? Shouldn't the free market decide if the value I add to a product is worth paying for?

      Except when they pay for the whole product, they are paying for the whole product not your minor revision. If you're going to pass 99% of the sales price on to the original author, fine. What really annoys you about the GPL is that you can't legally earn a living selling work that other people did. Not that a lot of people don't do it illegally anyway. I think forced sterilization would be an appropriate punishment.

    140. Re:VLC developer using this as soapbox!!! by Anonymous Coward · · Score: 0

      Is there something wrong with trying to make a profit? Shouldn't the free market decide if the value I add to a product is worth paying for?

      ...What really annoys you about the GPL is that you can't legally earn a living selling work that other people did. Not that a lot of people don't do it illegally anyway. I think forced sterilization would be an appropriate punishment.

      Sorry, but you're wrong. It is perfectly legal to sell software under the GPL. Redhat, Mandriva, Linspire (formerly Lindows) all sold Linux. The catch is that you competition is free to give it away for free. Kinda makes it hard to sell what the next guy is giving away. This is why most Linux companies create their own Linux and sell it with support or other services. But there is nothing in the GPL that prevents one from selling it.

      From HERE:

      Does the GPL allow me to sell copies of the program for money?

              Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.)

    141. Re:VLC developer using this as soapbox!!! by SETIGuy · · Score: 1

      I know that (and I assume every one else does as well). You can sell the program, but you have to give the complete source away to anyone who asks for it for no more than the cost of reproduction or ship the source with the binary, at which point it will be available to anyone soon enough. Since currently reproduction has zero cost, that's really the equivalent of not being able to sell the source.

      But anyway, the GPP doesn't want to release source, so I assumed it was obvious that I meant that selling in this case did not include source distribution.

    142. Re:VLC developer using this as soapbox!!! by pnewhook · · Score: 1

      No, your logic is incorrect. You cannot take an aspect of a feature and say it still applies. For example "My car is not fast enough to break 300mph. My stereo is part of my car so my stereo is preventing me from breaking 300mph"

      Yes region locking is part of DRM. But no it is not illegal to bypass region locking as long as you are not breaking DRM. So since I can bypass region locking, it doesn't apply. So my statement that the only thing DRM is doing is preventing you from breaking the law is correct. I don't see why this is a problem for you to understand except your own biases against DRM.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    143. Re:VLC developer using this as soapbox!!! by vadim_t · · Score: 1

      No, your logic is incorrect. You cannot take an aspect of a feature and say it still applies. For example "My car is not fast enough to break 300mph. My stereo is part of my car so my stereo is preventing me from breaking 300mph"

      It's not an aspect. It's a subset of. If you say "Any vehicle can go at 300 mph", I can disprove it by plugging every kind of vehicle in place of the world "vehicle" and seeing that for some it doesn't hold. For example, a M4 Sherman tank. So I'm doing the same thing here.

      Yes region locking is part of DRM

      Good

      But no it is not illegal to bypass region locking as long as you are not breaking DRM. So since I can bypass region locking, it doesn't apply.

      If it's not illegal, then that sentence is false.

      So my statement that the only thing DRM is doing is preventing you from breaking the law is correct.

      Nope. Your statement is: "The only thing DRM is preventing you from is breaking the law"

      I interpet it this way: "For each $KIND_OF_DRM in @ALL_POSSIBLE_KINDS_OF_DRM, it holds true that the limits $KIND_OF_DRM imposes only forbid something that is illegal".

      The set @ALL_POSSIBLE_KINDS_OF_DRM includes many things. It includes duplication limits, region limits, play limits, download limits, etc. For the sentence to hold true, each and every one of those limits must correspond exactly to something that is illegal.

      I don't see why this is a problem for you to understand except your own biases against DRM.

      It is a problem because I'm arguing with that sentence and that sentence only, based on the logical statement contained in it. Anything external to it is irrelevant. My opinion of DRM isn't relevant. The sentence is either true or false on its logical merits, regardless of my or your opinion about anything.

    144. Re:VLC developer using this as soapbox!!! by mr_mischief · · Score: 1

      BSD is copyrighted software, too.

      GPL is not necessarily available for no charge. It is necessarily available to you as source if it is available to you as a binary. The freedom they talk about is the freedom of the recipient of a copy of a program. GPL is very good at assuring that freedom.

      BSD's major freedom is the freedom of a developer to either keep his changes free or to close them off. That's a different freedom from what GPL enforces, and BSD is very good at assuring that particular freedom.

      Nobody forces you to enhance GPL-licensed software. You can make your improvements to BSD software, public domain software, your own from-scratch software, or software under some other license (possibly commercial and proprietary that you pay to use) that allows you to close up the resulting code. The only time the GPL forces you to do anything is when you start from code that someone put under the GPL.

    145. Re:VLC developer using this as soapbox!!! by FooBarWidget · · Score: 1

      This has got nothing to do with whether it's going to make a profit. All I'm saying is that you are apparently equating "freedom" with "whatever allows me, and only me, to make a profit". It's called hypocrisy.

  5. Fire Sale! by Sponge+Bath · · Score: 1

    VLC, DRM, GNU, GPL, AGPL, FSF, iOS...
    Did someone have a sale on acronyms?

    1. Re:Fire Sale! by Anonymous Coward · · Score: 0

      iOS isn't acronym.

    2. Re:Fire Sale! by tomhudson · · Score: 1

      iOS isn't acronym.

      Sure it is Cisco's Internetwork Operating System. Trademark registrations are not case sensitive, so IOS == iOS, which is why Apple licensed the term IOS from Cisco.

      It's the same with Cisco licensing the name iPhone to Apple

      So yes, IOS or iOS is an acronym, licensed by Apple from Cisco.

    3. Re:Fire Sale! by Anonymous Coward · · Score: 0

      And everyone obviously knows we're talking about Apple's iOS when it's written like that.

    4. Re:Fire Sale! by kestasjk · · Score: 1
      There wouldn't be enough room in the summary if they expanded them all, also:
      • If you don't know those acronyms this probably isn't the right news portal for you, you should at least research them yourself
      • If you don't know those acronyms having them written in full probably wouldn't help you make any more sense of them.
        (I can't remember and don't really care exactly what "VLC" stands for, and the "Affero" in AGPL isn't especially enlightening as to the difference between the GPL and AGPL)
      --
      // MD_Update(&m,buf,j);
    5. Re:Fire Sale! by tomhudson · · Score: 1

      And everyone obviously knows we're talking about Apple's iOS when it's written like that.

      And when Apple uses it, it stands for iPhone Operating System, so it's STILL an acronym.

    6. Re:Fire Sale! by eriqk · · Score: 2, Informative

      Hardly. Only GNU and iOS are acronyms.
      The others are initialisms.

    7. Re:Fire Sale! by Anonymous Coward · · Score: 0

      How the hell is it possible to trademark three letters? Oh, it's the big corporations at work again...

    8. Re:Fire Sale! by osgeek · · Score: 1

      There would be plenty of room in the summary to expand a few acronyms. It's not like this is an organic chemistry blog.

      It's good journalistic practice to expand acronyms when first used no matter how familiar most of the readers may be with them.

      I know what 95% of the acronyms are on /. without thinking about them, but when I see that 5% of those niche acronyms that some submitter thought everyone should know about, I find it to be a turn-off.

      Slashdot should continue to encourage new and casual readers through being friendly to the non-hard-core geeks.

    9. Re:Fire Sale! by Bigjeff5 · · Score: 1

      I remember hearing about the iPhone trademark issue when the iPhone was in development.

      Apple sure likes Cisco's naming schemes. ;)

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    10. Re:Fire Sale! by kestasjk · · Score: 1

      VLC I don't know, GNU's Not Unix isn't much good to expand, neither is GNU General Public License or Affero GNU General Public License, iOS isn't really intended to be expanded (as with Mac OS X), and DRM they did expand.

      I think it's okay myself, not because I don't want to encourage new readers but because I can't see how the summary could introduce these acronyms

      --
      // MD_Update(&m,buf,j);
    11. Re:Fire Sale! by tomhudson · · Score: 1

      IBM, ABC, HP, CBS, NBC, CAT (Caterpillar), BBC, ABB, SKF, ...

    12. Re:Fire Sale! by jbuk · · Score: 1

      VLC == VideoLan Client

  6. GPL requires no DRM? by goombah99 · · Score: 1, Insightful

    I confess I've not read the GPL with an eye towards that exact question but I have read it and don't recall anything like that in it. As I recall it requires me to make available the sources of anything I compile. But I don't see why a delivery channel that wraps something in DRM is against the GPL. I can have the sources available both via the app istelf and online. DOes the GPL prevent me from using SSH or HTTS from _sending_ and _installing_ any code. No. so why should apple's encrypted conduit matter. And as for app signing, well you have to do that to run apps on any OSX machine now without getting warning messages in the logs. SO could someone explain how apple's app store is interfering with the GPL?

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:GPL requires no DRM? by archatheist · · Score: 2, Informative

      FTFA:
      http://www.fsf.org/news/blogs/licensing/more-about-the-app-store-gpl-enforcement

      Basically:

      Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

      In short, I think there are problems beyond DRM with GPL software being distributed through the app store.

      --
      "No sane man will dance." -- Marcus Tullius Cicero
    2. Re:GPL requires no DRM? by betterunixthanunix · · Score: 5, Insightful

      As I recall it requires me to make available the sources of anything I compile

      No, that is not what the GPL has ever required. It has required that you make the source code of GPL software available to anyone you distribute that software to, and that you distribute it under the same license, including any changes you make to the software that you distribute (assuming it is not your original work).

      why a delivery channel that wraps something in DRM is against the GPL.

      The GPLv3 includes an anti-Tivoization clause, which basically requires that if GPL software is going to be locked down by a restriction system (DRM), the user has to be able to bypass/disable that restriction system so that they can enjoy the other benefits of the GPL, like the ability to modify the software. Since the iOS restriction system does not allow users to enjoy the benefits of the GPL (cannot modify code without paying Apple, cannot redistribute, etc.), it is incompatible with GPLv3.

      --
      Palm trees and 8
    3. Re:GPL requires no DRM? by aliquis · · Score: 1

      http://www.gnu.org/licenses/quick-guide-gplv3.html

      Maybe it's the tinker part there, or something, what do I know, haven't read it.

    4. Re:GPL requires no DRM? by KugelKurt · · Score: 1

      GPLv2 (the version VLC is under) doesn't forbid DRM. GPLv3 (which GNU Go is under) does that.

      VLC in the AppStore does not violate anything as long as its users can obtain the source code.

      The blog post was written by either a clueless person or someone who purposefully mixes GPLv2 terms with GPLv3 terms to generate backlash against Apple.
      Either way, in its current form VLC in AppStore in not illegal.

      It's funny... I remember reading a post by some VLC programmer that they don't switch VLC from GPLv2 to v3 because they think v3 is too draconian. The so-called "Anti-TiVo clause" is the only aspect of v3 that's fundamentally different from v2. The rest of v3 is just adjusted wording to be compatible with international copyright laws.

    5. Re:GPL requires no DRM? by Moridineas · · Score: 1

      It seems to me that that would operate in parallel to the GPL though?

      Apple does not grant you the right to modify / distribute the VLC binary. Is that a problem in gplv2?

      However, nothing is stopping (AFAIK) vlc from providing the exact iOS vlc source code and distributing that--in fact it should be required? Anybody can modify that source code, and distribute that source code. Anybody can NOT compile it and run it on their iPhone. That requires either jailbreak or $100/year. Is that a GPLv2 problem? I didn't think it was, but I'm definitely not sure.

    6. Re:GPL requires no DRM? by sateh · · Score: 2, Insightful

      You forget to mention that VLC is distributed under the GPLv2 license. So there is no anti-Tivoization clause.

    7. Re:GPL requires no DRM? by Anonymous Coward · · Score: 0

      The VLC guys are busted. They are the ones doing the distributing without requiring Apple to conform the the terms that they themselves agreed to, a clear violation of the GPL.

      VLC could protect their own rights and the other GPL rights holders simply by withdrawing their stuff from the store.

    8. Re:GPL requires no DRM? by gnud · · Score: 1

      APPLE is the distributor; THEY have to offer the source. And impose no further restrictions.

      They don't offer the source, and they do impose further restrictions on distribution. Hence, TFA.

    9. Re:GPL requires no DRM? by Anonymous Coward · · Score: 0

      APPLE is the distributor; THEY have to offer the source. And impose no further restrictions.

      They don't offer the source, and they do impose further restrictions on distribution. Hence, TFA.

      Nothing prevents the source from being included in the app. The app could even deliver the source. You are being ludicrous.

    10. Re:GPL requires no DRM? by Moridineas · · Score: 1

      Having read a good bit more since I first posted, I'm even more convinced now that your point of view is completely wrong. See for example this VLC developer: http://news.ycombinator.com/item?id=1850340 (as cited elsewhere in this article discussion)

      Why your points are wrong:

      1) APPLE is the distributor; THEY have to offer the source

      So by this standard, if Best Buy sells any GPLed software, they are the ones responsible for providing the source code? Don't forget that the GPL explicitly says that source and binary do not have to be packaged, distributed, or sold together! I think this is clearly wrong, not in the spirit of the GPL, and further, demonstrably wrong.

      Check out GPLv2: http://www.gnu.org/licenses/gpl-2.0.html The preamble explicitly states:

      Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software ... [and] that you receive source code or can get it if you want it...

      For exactly why you're wrong, check out section 3 (you could even CHARGE for mailing someone the source code, and that would be ok!). That's why Apple and Best Buy don't have the obligation you thought they did.
      Additionally, from a purely practical standpoint, think how impossible it would be for Apple and all other distributors to comply with every random license in such a way...

      2) And impose no further restrictions.

      With regards to the GPLv2 (the license that applies to vlc) what are you talking about specifically? I'm not sure, but I'm willing to concede this might be an issue if you can tell me what clause is the problem?

    11. Re:GPL requires no DRM? by Anonymous Coward · · Score: 0

      In order to make DRM work in a GPL software, I believe that the decoder would be included in your source. And that's something the DRM people wouldn't like, because then it's all too obvious in how it can be defeated. Another way would be to make DRM a separate piece of software that media players (including the GPL ones) could call on. Then again, an entirely isolated piece of software that functions as a key would become an easy target for cracking.

      Still I think the main point is that DRM is a hindrance and is ill thought out if not outright retarded in the first place. Effort would be better spent trying to enforce pre-existing copyright law. (But likely after some degree of reform is done to bring it more in line with what the public and not the publishers would agree with.)

    12. Re:GPL requires no DRM? by harlows_monkeys · · Score: 1

      According to the FSF, on how to satisfy the source requirement when you distribute GPLv2 software:

      The GPL says you must offer access to copy the source code “from the same place”; that is, next to the binaries. However, if you make arrangements with another site to keep the necessary source code available, and put a link or cross-reference to the source code next to the binaries, we think that qualifies as “from the same place”. Note, however, that it is not enough to find some site that happens to have the appropriate source code today, and tell people to look there. Tomorrow that site may have deleted that source code, or simply replaced it with a newer version of the same program. Then you would no longer be complying with the GPL requirements. To make a reasonable effort to comply, you need to make a positive arrangement with the other site, and thus ensure that the source will be available there for as long as you keep the binaries available.

      Generally what people who have distributed GPLv2 software on the App Store seem to do is include a link to their site on their App Store page, and their site contains the source download, which is good enough according to the FSF's interpretation. In GPLv3, they have made it explicit in the license itself that putting the source on a different site and pointing to it is fine.

    13. Re:GPL requires no DRM? by Bigjeff5 · · Score: 1

      GPL requires that the recipients' rights under the GPL not be restricted. DRM clearly and obviously restricts the recipients' rights under the GPL - you can only install on a certain number of devices, you can only install on authorized devices, no source code availability, etc. These all violate the GPL. They could clear this up by either removing the DRM or making the DRM "wide open" (which would be the same as removing it). As has been pointed out already, the responsibility to uphold the GPL falls on the shoulders of the distributor, not necessarily the developer (though the original distribution by the developer would obviously have to abide by the GPL).

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    14. Re:GPL requires no DRM? by Bigjeff5 · · Score: 1

      From the GPL v2 link you posted:

      For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

      That clearly falls on the distributor, and Best Buy would clearly be responsible for making sure the source code was available, and that the user was free to copy it. Charging for a copy is no problem, but once the user has purchased it they must be able to freely copy and distribute it as they wish under the guidelines of the GPL. DRM prevents that by design, and is therefore incompatible with the GPL.

      One of the key tenants of the GPL is that the each receiver of a GPL'd piece of software gets all the distribution rights of the copyrighted material, with the caveat that each new recipient must receive and be aware of those exact same distribution rights. Like I said, DRM is designed to restrict the distribution of copyrighted software, and therefore by definition violates the GPL.

      The key points here are 4, 5, and 6 of the GPL:

      4. You may not copy, modify, sub-license, or distribute the Program except as expressly provided under this License...

      5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      This states, basically, that the only copy/license/distribution rights for GPL software are those granted by the GPL (4), you cannot distribute the software without accepting the GPL (5), and you cannot impose any further restrictions on the usage rights of the recipients beyond what is granted by the GPL (6).

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    15. Re:GPL requires no DRM? by pyrrhonist · · Score: 1

      and Best Buy would clearly be responsible for making sure the source code was available

      Uh, no. For example, CompUSA used to sell various Linux distributions. They, of course, had a store in Boston that was within walking distance of FSF headquarters. They were not required to provide the source code.

      --
      Show me on the doll where his noodly appendage touched you.
    16. Re:GPL requires no DRM? by Moridineas · · Score: 1

      That clearly falls on the distributor, and Best Buy would clearly be responsible

      I don't think so. The important language as I see it is "or can get the source code." I don't believe that means that you have to be able to "get the source code" FROM a specific party. As long as it's available... Also I think the clause (I think it was (b) ?) that said a program can come with a message about how to get the source code satisfies the requirement...

      once the user has purchased it they must be able to freely copy and distribute it as they wish under the guidelines of the GPL. DRM prevents that by design, and is therefore incompatible with the GPL

      What's unclear to me about the rest of your argument hinges on this point, and clause 6. GPLv3 very clear states that DRM/app store types situations are a no-go. I assumed they added this to fix what they saw as a deficiency in GPLv2. Clause 6 in GPLv2 -- is that satisfied by the complete availability of source code? (and presumably, build scripts, project files, etc -- enough to create the same binary being distributed). I think you could make the argument that clause 6 *is* satisfied by (for instance) the release of the complete Xcode project (source code, resources, etc) of an iOS app. It does seem that FSF takes the opposite position...

    17. Re:GPL requires no DRM? by Anonymous Coward · · Score: 0

      By whom? The alley dog?

    18. Re:GPL requires no DRM? by mr_mischief · · Score: 1

      You are assuming that Apple is the "distributor" and that they are not distributing merely as an agent of whoever uploaded the software to the app store. AAMOF, although I'm no lawyer, I'd say the sale on commission implies an agency relationship and that the seller is the one distributing.

      I agree with everything you say about the GPL (because you're right about that, so it'd be silly to disagree). However, I think the party that uploaded VLC to Apple's app store is acting as the distributor with Apple as their agent. It's that party that is responsible for any licensing issues as far as I can tell.

    19. Re:GPL requires no DRM? by Wovel · · Score: 1

      GPL is simply incompatible with life in 2010 and will either be updated or die.

    20. Re:GPL requires no DRM? by Wovel · · Score: 1

      So if I buy a WRT-54G from Best Buy, you think the GPL requires best buy to provide me with the source? You are clearly not a lawyer or ven very experienced with software licenses in genral or the GPL in particular.

  7. VLC is GPL version 2 by ad454 · · Score: 3, Insightful

    The latest VLC version 1.1.3 has the GPL version 2 licence. Although the GPLv3 has anti-DRM and anti-Tivo-ization measures, correct me if I am wrong, but doesn't the GPLv2 licence allow Apple to distribute the software in the App Store with DRM, as long as the also provide a copy of the source code?

    1. Re:VLC is GPL version 2 by djmurdoch · · Score: 1

      I believe the argument is that Apple violates this part of paragraph 6 of the GPL:

      You may not impose any further
      restrictions on the recipients' exercise of the rights granted herein.

      Does the DRM or the Apple Store license impose additional restrictions? If so, then they have no right to distribute VLC.

      Perhaps they also modify the program to install DRM; in that case, they'd need to distribute the DRM source code under the GPL as well, under paragraph 2 of the GPL.

    2. Re:VLC is GPL version 2 by Anonymous Coward · · Score: 1

      It is not Apple that has to. It is the application owner that has to. A download link is afair sufficient.

    3. Re:VLC is GPL version 2 by Meneth · · Score: 1

      Correct. This developer, Rémi Denis-Courmont, said so himself, three years ago. As far as I know, their licensing has not changed since then. It seems Denis-Courmont has forgotten himself.

    4. Re:VLC is GPL version 2 by Bigjeff5 · · Score: 1

      Apple DRM restricts re-distribution of the software by limiting it to five authorized devices. These are further restrictions on the copying/distribution of the software not included in the GPL, and the GPL expressly forbids any further restrictions on the copying and distribution of GPL software except what has already been stated in the GPL.

      Frankly, it doesn't matter what Remi Denis-Courmont thinks, unless he re-licenses it (which he almost certainly cannot do without violating the GPL himself) it is the GPL that counts, and only the GPL.

      Apple's DRM pretty clearly violates the GPLv2 license.

      The TiVo DRM issue addressed by GPLv3 is completely different. It is the opposite in fact. TiVo did not restrict the distribution of their GPLv2 software in any way. They properly made the source and binaries available to anybody who wanted them. What they did was prevent modified kernels from being installed on the TiVo boxes by using a verification scheme (which qualifies as DRM). They were restricting the hardware, not the software, and GPLv3 aims to prevent that for any GPLv3 software. Apple's DRM prevents the distribution of the software itself, which violates the terms of the GPLv2.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    5. Re:VLC is GPL version 2 by GumphMaster · · Score: 1

      If they provided the source to the entire program (including anything they linked to the app to enforce their DRM if such a s thing exists) then I guess they would comply. They are probably also denying the downstream user the right to further distribution, which is also a requirement of the GPL v2 Section 6.

      --
      Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
    6. Re:VLC is GPL version 2 by ConfusedVorlon · · Score: 1

      no. The GPL says (and I paraphrase) 'you may not add any additional restrictions to this licence'

      Apples itunes terms and conditions add a bunch of restrictions.

      There is some debate as to whether the Apple Ts&Cs allow the GPL to supercede them, and therefore are not adding restrictions.

    7. Re:VLC is GPL version 2 by mgiuca · · Score: 1

      Yes. The GPLv2 is compatible with DRM and so-called "tivoization".

      However, it is still a violation of the GPLv2 to impose additional licensing restrictions. For example, Apple's license prevents you from installing the software on more than 5 devices, and it prevents you from modifying the software and running the modified version.

      The freedom to modify the software and run the modified version is one of the fundamental rights granted by the GPL, so the App Store is clearly violating the license.

  8. On the other hand by Anonymous Coward · · Score: 0, Insightful

    Developer of [the most common piece of software used to watch pirated videos] takes a stand against [copyringt enforcement tool]. Shock and awe.

    1. Re:On the other hand by tepples · · Score: 3, Insightful
      AC wrote:

      Developer of [the most common piece of software used to watch pirated videos]

      The most common piece of software used to watch pirated videos is probably the Windows operating system. What makes VLC more specifically tied to the warez scene than any other video player?

    2. Re:On the other hand by mikael_j · · Score: 4, Informative

      What makes VLC more specifically tied to the warez scene than any other video player?

      When obnoxious teenage 1337 w4r3z d00dz upload poorly encoded video or video encoded with some retarded codec that almost no one uses the standard reply to "why won't this play?" is "Use VLC, it plays fine there." because VLC plays almost anything (and for those things that don't play in VLC there's always Mplayer).

      Basically, the reason VLC is popular with downloaded content is because it tends to play a lot of formats that other software doesn't understand.

      --
      Greylisting is to SMTP as NAT is to IPv4
    3. Re:On the other hand by MokuMokuRyoushi · · Score: 0, Redundant

      Because its versatility allows it to be. I can watch pretty much any video with vlc, no matter the format, so it's useful for watching the videos I download, especially when I don't feel like converting them.

      --
      Humans are terrible replicators of Godly things.
    4. Re:On the other hand by blackraven14250 · · Score: 4, Informative

      It's also much less bloated than WMP or iTunes, and it still plays nearly anything out of the box, which is why I use it. Startup time is important, and definitely a draw when it's less than 1/10th of the time of the other leading players.

    5. Re:On the other hand by neokushan · · Score: 5, Insightful

      That's a bit like saying Mice are the most commonly used pointing devices used to download pirated/copyright software.

      That's a bit like saying LCDs are the most commonly used displays to watch pirated content.

      That's a bit like saying air is the most commonly inhaled gas when people watch pirated content.

      VLC makes it no more easier to download and watch pirated content than FFDShow, Quicktime, Windows Media Player, Winamp, etc.

      --
      +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    6. Re:On the other hand by xded · · Score: 1

      What makes VLC more specifically tied to the warez scene than any other video player?

      Nothing.

      It may be the most used one by the p2p scene tho, given the stability of VLC in opening and seeking broken, badly encoded, incomplete media streams. But this is only the side effect of VLC being a video lan client.

      Most people use it as an all-around media player, because it just works. But it isn't. For that purpose there are much better alternatives (i.e., MPC-HC) with serious support for hardware decoding, v-sync, third party propietary codecs, etc...

      But people these days don't care, they don't want to mess with things, it just has to work, and good enough is good enough.

      So, yes, I agree that p2p and VLC are the perfect match.

    7. Re:On the other hand by Anonymous Coward · · Score: 0

      I can't agree with this. Pirates tend to use more powerful software: MPC or KMPlayer for example.

      Strictly speaking you don't need any of this to watch pirated movies on Windows, as Haali (.mkv) enables WMP to play 99% of movies. With a better H.264 DirectShow codec, like CoreAVC, WMP's primary differences are in renderer and subtitle support.

    8. Re:On the other hand by B1oodAnge1 · · Score: 5, Insightful

      While what you say is factually correct, the (implied) conclusion that this ties VLC somehow to piracy or the 'warez scene' is retarded.

      To make a car analogy, you just said that Honda (VLC) was tied to the 'illegal street racing scene' (piracy) because their cars are favored by many illegal street racers (pirates). It's not the responsibility of Honda (VLC) if illegal street racers (pirates) recognize the superiority of their product (media player).

      --
      RUGBYRUGBYRUGBY
    9. Re:On the other hand by jedidiah · · Score: 0, Flamebait

      Apple fanboys try to accuse everyone else of piracy. "Shock and awe".

      Apple fanboys try to cast anything not bought from Apple as pirated. "Shock and awe".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    10. Re:On the other hand by Anonymous Coward · · Score: 1, Insightful

      VLC really isn't the most used in the warez scene for the reasons you cited. Search a few forums and you'll see the alternatives mentioned by about 15:1 preference. Which isn't too surprising as d/l'ers are obsessed with their 1080p bluray rips more than anything else.

      IMO VLC is far more popular for legitimate purposes. Kind of makes the OP's argument look like trolling.

    11. Re:On the other hand by jedidiah · · Score: 3, Informative

      VLC isn't just about the fact that it plays the stuff that Apple talking heads like to dismiss. It's also a much easier to deal with. It's packaged in a much more user friendly manner and doesn't force clueless novices to try and track down plugins piecemeal or burden them with trying to figure out what plugins they even need.

      VLC is a "usability" tool.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:On the other hand by Anonymous Coward · · Score: 0

      What makes VLC more specifically tied to the warez scene than any other video player?

      These are the same people who have to know how to compile files from multiple rar's, defeat protection schemes and transcode media formats among other things so they are very tech savvy. It makes sense that they would look beyone WMP to find a better tool for the job. I hav

    13. Re:On the other hand by El_Muerte_TDS · · Score: 2, Informative

      That's a bit like saying air is the most commonly inhaled gas when people watch pirated content.

      Holy crap, terrorist also depend on air. Therefor pirates must be terrorists.

    14. Re:On the other hand by Anonymous Coward · · Score: 0

      I absolutely hate the way VLC thinks I always want to put things in a frakin' playlist. That's not user-friendly at all, no other player works like that.

      It's GIMP all over again.

    15. Re:On the other hand by hairyfeet · · Score: 1

      Well too be fair if you are talking P2P then it should be pointed out Emule has always recommended VLC, and the ONLY app the Emule part file plugin is written for IS VLC, and while I haven't played with the mule in ages last I heard (at least on Windows) if you had VLC installed Emule would make that the default player for its previews over everything else.

      So I wouldn't say it was trolling. One could argue the why of the situation (because VLC plays more funky formats and messed up files than anybody else to its credit IMHO) but to pretend that at least on P2P there isn't a real preference for VLC is just sticking one's head in the sand. Now that Limewire has been shut down I wouldn't be surprised if Emule is the number 1 P2P non torrent app right now, and the mule prefers VLC.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    16. Re:On the other hand by Bigjeff5 · · Score: 1

      Your mom also depends on air. Just let that sink in for a bit.

      This conspiracy runs deep!

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    17. Re:On the other hand by NatemanDog · · Score: 1

      That's flawed logic. By this logic, cash (actual notes) are more specifically tied to drug dealing than any other form of payment, hence bad. Not really a good argument there.

    18. Re:On the other hand by Captain+Spam · · Score: 1

      I absolutely hate the way VLC thinks I always want to put things in a frakin' playlist. That's not user-friendly at all, no other player works like that.

      iTunes does that. If you're not going through the Library, it expects you to put the media files in a new playlist. And the Library simply behaves like a really big playlist anyway.

      WinAmp, last I knew, did that. If you tried to open anything normally, it simply nuked the playlist you had created a new one only consisting of one track/movie/etc. That might be different now, it's been years since I touched it.

      In fact, I think Banshee, Amarok, Rhythmbox, and a lot of other Windows/Linux/Mac media players enforce the playlist model, too. Come to think of it, what media players are you thinking of that don't, again? I mean, MPlayer kinda doesn't, if only because it doesn't actually store the playlist externally without your direct intervention (when you play something in MPlayer or MPlayer-alikes, it just makes a single-entry playlist that doesn't loop).

      --
      Demanding constant attention will only lead to attention.
    19. Re:On the other hand by couchslug · · Score: 1

      Guns don't kill people. People kill people.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    20. Re:On the other hand by Pherlin · · Score: 1

      A Coworker was sent a .MOV file from a manufacturer... I wound up suggesting VLC to him because our IT Department would rather he use than than iCrap software...

    21. Re:On the other hand by Anonymous Coward · · Score: 0

      > The most common piece of software used to watch pirated videos is probably the Windows operating system.

      Poor countertroll. Windows alone isn't the video player, and you know that very well. Nor would you say that Windows (or Linux or whatever) is the piece of software most used to catch criminals, deliver babies, or cure cancer.

      The reason that VLC is popular, even though it has its flaws, is that it's a no-nonsense, no-plugin-hunting single download that just fucking works.

    22. Re:On the other hand by metrix007 · · Score: 1

      I never understood why VLC bcame popular. Mplayer played far more formats first is more lightweight and had a windows port available since the start.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    23. Re:On the other hand by mikael_j · · Score: 1

      Quicktime/Quicktime X doesn't even have a playlist, something which actually annoys me since it's a much nicer video player for when I want to watch something on part of one monitor while doing something else (like watching old episodes of MASH while coding). The reason it beats VLC and just about all others is because Quicktime X when playing covers its entire window area with the video, no borders at all unless you move your mouse pointer over the window...

      --
      Greylisting is to SMTP as NAT is to IPv4
    24. Re:On the other hand by aekafan · · Score: 1

      Statements like this prove to me that some people will defend anything, no matter how bad the action is.

    25. Re:On the other hand by hairyfeet · · Score: 1

      Having never used MPlayer I can only comment on VLC, but I've found VLC will pretty much play ANY AV file, from the truly rare and funky to the badly ripped, which is why it became popular with P2P. From what I understand it is also butt simple to code for, hence the emule part file plugin. And how is MPlayer on memeory usage or working with older OSes? Because IIRC VLC for the longest time supported Win9x, and will probably support WinXP long after it is EOL. Maybe it is because MPlayer just don't advertise? I frankly hadn't heard of it until you mentioned it, at least not for windows, as I always thought of it as a Linux app.

      Personally I give my customers Klite Mega codec, which has Media Player Classic Home Cinema, and usually give them VLC as a backup player. If nothing else will play it VLC will, although lately I've been switching out VLC for Kantaris which is based on VLC but folks here seem to like the UI better. It also makes a great Media Center for those that don't have windows 7 and need a way to organize and listen to their MP3s.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    26. Re:On the other hand by 93+Escort+Wagon · · Score: 1

      Guns don't kill people. People kill people.

      Yeah - people with guns.

      --
      #DeleteChrome
    27. Re:On the other hand by metrix007 · · Score: 1

      Mplayer will also play absolutely any file....without indexes, any codec...whatever. It is equal to VLC, if not better as it had a head start, and is a native desktop media player, not a videolan client.

      Mplayer works fine on older os's, and since it is purely command line(although there are gui's for it) it has to be the least resource intensive player there is. I carry around the windows exe on a USB stick, and it can play absolutely anything I have every thrown at it without taking up space. It also has a variety of outputs both audio and video it supports, far more than vlc iirc.

      For windows, I suggest you check out smplayer. I have found it far more configurable, and really like the ability to set a key or mouse event to absolutely anything you can do in the player. Let me know what you think.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    28. Re:On the other hand by Anonymous Coward · · Score: 0

      But movie rips these days are pretty much standardized on two formats that virtually all players understand: MP4-AVC(x264)-AAC and the older AVI-ASP(XviD)-MP3. The real headache is with legacy Quicktime/Real/WMV/FLV/... proprietary crap from corporate websites.

    29. Re:On the other hand by Patman64 · · Score: 1

      VLC doesn't pirate movies, people pirate movies?

    30. Re:On the other hand by david+duncan+scott · · Score: 1

      An argument that has been made, though. There's a reason governments like credit cards and direct-deposit and all those other things that leave a trail (except voting machines, of course:)

      --

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    31. Re:On the other hand by B1oodAnge1 · · Score: 1

      people with guns

      don't forget knives, bats, wrenches, wires, poisons, cars, planes, rocks, candle sticks, lead pipes, pillows, and hands...

      --
      RUGBYRUGBYRUGBY
    32. Re:On the other hand by hairyfeet · · Score: 1

      Uhhh...why would you need to "configure" anything? I have to deal with end users all day, and if anything needs to be configured it is DOA. One of the nice things about VLC is it is pretty much "clicky clicky" although it still has some PITA quirks, hence the switching to Kantaris. And does SMPlayer have an easy to pop up EQ? For those of us with hearing problems having an easy pop up EQ can mean the difference between enjoying a show or not. But the screenshots look nice (had to Google, your link is broken) so if I can catch a break this week I'll give it a shot.

      Meanwhile while a CLI junkie would probably hate it you might want to give Kantaris a shot. They have a portable version, and my users like the built in library and LastFM support, as well as the nicer UI. It runs quite well on a 1.0GHz P3 with 384Mb of RAM, thankfully the oldest machine I have to deal with anymore. The only nice thing about Intel bribing the OEMs is the market being flooded with late model XP P4s. It has allowed me to get even my most tightwad customers to finally let go of the real dinosaurs and upgrade to 2.6Ghz+ P4s, which is a hell of a lot nicer to deal with than those stone age P3 machines!

      --
      ACs don't waste your time replying, your posts are never seen by me.
    33. Re:On the other hand by SeaFox · · Score: 1

      When obnoxious teenage 1337 w4r3z d00dz upload poorly encoded video or video encoded with some retarded codec that almost no one uses...

      I find this comment very amusing. If you look at what people are using for their codecs you see...
      1) An astonishing number of files using XviD for video (a codec that plays just fine on WMP).
      2) Audio in DTS and AC3, in other words, the exact same codecs the studios are distributing the films on.

      The only "retarded codecs almost no one uses" are Ogg and Thora.

    34. Re:On the other hand by psergiu · · Score: 1

      Guns don't kill people. I kill people.

      --
      1% APY, No fees, Online Bank https://captl1.co/2uIErYq Don't let your $$$ sit in a no-interest acct.
    35. Re:On the other hand by metrix007 · · Score: 1

      You don't have to configure a damn thing, but I like to.

      I have it set so that my mouse wheel controls volume (default is seeking IIRC), double clicking wills witch between fullscreen and one click will pause. I prefer these settings over the defaults, but the defaults are perfectly fine.

      Trust me, smplayer is just as easy to use if not more so than VLC, and yes it has an excellent easy to access EQ.

      Just give it a shot, you won't regret it.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
  9. actually makes sense by v1 · · Score: 1

    You can't expect a company to make major changes to their online sales system to support 0.2% of the people that want to use it, even if you're IN that small minority. Be reasonable.

    Besides that, a very large part of why the app store exists is to make money. (of course some is to add feature value to their hardware) They won't make money off this. So why should they do it if it's only going to cost them money? And the availability of free software on the store would devaluate the paid software on the store, losing Apple and the other devs money, to add what most people will not appreciate as a valuable addition. It's not good tradeoff in Apple's eyes.

    It benefits the consumer, and the people such as those that run the VLC project, but it doesn't benefit Apple, and costs the other devs on the store money. And since it's Apple's decision, this is perfectly reasonable to expect.

    --
    I work for the Department of Redundancy Department.
    1. Re:actually makes sense by Anonymous Coward · · Score: 0

      why not? They already did by adding DRM to their products. Or are you claiming that the number of people who own Apple's products and actually WANT DRM in their devices exceeds 0.2%? I would be willing to bet real money that if Apple removed DRM from all of their products today, they would have less thant 0.2% of their actual customers worried about it. They might even get a few new customers.

    2. Re:actually makes sense by Anonymous Coward · · Score: 0

      this argument, in so many different contexts is very tiring. freedom with software is very much akin to human freedoms. they have to be protected, regardless of majority or popular vote!

      In the U.S., the right to practice the religion of my choosing is protected, EVEN if 99.9% of the country is atheist. There is a very bold line between freedoms and privileges. And let it be clear, what people are trying to protect here are freedoms. It should not be up for popular vote, questions of "profitability", whats good for the consumer, the best "user experience" or anything else.

      The RIAA has been writing their own laws for far too long under the premise of what is profitable for their industry and how "hard" it is to make money in the music industry. Let us not make the same mistake with a new industry in its infancy being built and contributed to by millions around the world. This view is not "unreasonable". People who try to protect consumer freedoms are not anti-captialist, or extremists, and we should no let anyone brand us as so.

    3. Re:actually makes sense by Anonymous Coward · · Score: 0

      I actually find it sad that you have to write down such basic things :(

    4. Re:actually makes sense by perlchild · · Score: 1

      When it benefits the consumer, the consumer is encouraged to buy from them, that's called goodwill.

      I'm not saying Apple isn't entitled to treat us like high-security escapees from prison, just that there should be a cost to this.

      Right now there is no cost, because any attempt to punish them(by enjoying their device without rewarding their consumer-unpleasant behaviours, fall outside the eula). It would be much simpler if their Eulas got trimmed, their developer licenses got trimmed too, and the fair and free market everyone assumes is in place, actually got a part to play, as opposed to "the free market is in place, but rewards those that will make it less free")

    5. Re:actually makes sense by Anonymous Coward · · Score: 0

      As much as I hate to say it, the restrictiveness of the App Store actually creates a more unified product/experience. For the masses, it creates a consistent platform that they can rely on. It's point and tap, nothing more. Very easy to use. If you want more freedom, buy an Android. Apple's formula makes for a great platform the the hoards of non-technical people out there. Apple is not hiding what they are. If you don't like it, buy a different product.

    6. Re:actually makes sense by v1 · · Score: 1

      It would be much simpler if their Eulas got trimmed,

      You'll have to kill all the lawyers first, or totally reform the law. (you're more likely to succeed going the lawyer route)

      --
      I work for the Department of Redundancy Department.
    7. Re:actually makes sense by Bigjeff5 · · Score: 1

      It's certainly reasonable for Apple not to care to adjust their policies for a single class of application, but it doesn't mean it can't be yet another reason I hate Apple. :)

      Besides that, a very large part of why the app store exists is to make money. (of course some is to add feature value to their hardware) They won't make money off this. So why should they do it if it's only going to cost them money?

      I don't get what you are saying, there is nothing in the GPL that prevents you from charging for your software, it simply requires that the person who purchased it get the exact same distribution rights you yourself have. You can even charge a nominal fee for access to the source to cover your costs for making it available. There is absolutely no reason this cannot be sold for a profit on the App Store.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:actually makes sense by Wovel · · Score: 1

      Actually it would be easier if the GPL was replaced with something that did not have silly restrictions that provide no benefit to the community at large or the free software community . The free (as in speech) license should be as non-restrictive as possible, period. The FSF has always been overzealous and now they are intentionally keeping developers out of the largest mobile software delivery service to try and make a childish point.

  10. Obstinance? by Anonymous+Brave+Guy · · Score: 3, Insightful

    Their [Apple's] obstinance prevents you from having this great software on Apple devices—not the GPL or the people enforcing it.

    I have karma to burn, so I'm just going to say it: how is Apple expecting software distributed via their App Store to comply with App Store terms and conditions any more obstinate than expecting software distributed under the GPL to be distributed according to GPL conditions? Apple are under no obligation to carry software with what they consider inappropriate licensing on their store, any more than we are under any obligation to buy Apple hardware and apps from their store if we value the provisions of the GPL.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Obstinance? by tepples · · Score: 1, Informative

      how is Apple expecting software distributed via their App Store to comply with App Store terms and conditions any more obstinate than expecting software distributed under the GPL to be distributed according to GPL conditions?

      What is more obstinate is that there is no other legitimate way to distribute software for the device apart from Apple's terms. With GNU/Linux or other platforms incorporating GPL code, on the other hand, one can set up something like CNR to add paid non-free software.

    2. Re:Obstinance? by carou · · Score: 1

      how is Apple expecting software distributed via their App Store to comply with App Store terms and conditions any more obstinate than expecting software distributed under the GPL to be distributed according to GPL conditions?

      It isn't, but the free software community's obstinacy is for the greater good of us all.

      Well usually. Sometimes.

    3. Re:Obstinance? by jenningsthecat · · Score: 1

      TFA strongly implies that the App Store was distributing VLC on its own initiative, not at the behest of the author. If that is the case, then there's a BIG difference between the author's behaviour and Apple's.

      GPL = terms and conditions implemented by the creator of the software. Apple-applied DRM = terms and conditions scabbed on by a middle-man, profiting from the generosity of the creator of the software, in contravention of the creator's specified conditions and legal rights. Surely the rights of the creator supersede those of the middleman in this case?

      Apple says 'all your rights are belong to us'; Apple can go piss up a rope.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    4. Re:Obstinance? by Raenex · · Score: 3, Insightful

      I have karma to burn, so I'm just going to say it:

      If you were just going to say it, then you wouldn't have prefixed your message with this. It's the typical tactic that more often than not gets up-modded.

    5. Re:Obstinance? by UnknowingFool · · Score: 1

      What is more obstinate is that there is no other legitimate way to distribute software for the device apart from Apple's terms. With GNU/Linux or other platforms incorporating GPL code, on the other hand, one can set up something like CNR to add paid non-free software.

      But is Apple under any obligation to put that software on their devices? It isn't a right that you can develop for any device that you want. Also it seems to me that Apache and BSD licenses are fully compatible with the App store. So as a developer you have a few choices. One of them is to release under a different license. Another is not to develop for iOS and pick Android instead.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    6. Re:Obstinance? by Anonymous Coward · · Score: 0

      To the greater userbase, no there isn't, but an iOS developer can ad-hoc distribute without terms to 100 other devices.

    7. Re:Obstinance? by Bigjeff5 · · Score: 1

      But is Apple under any obligation to put that software on their devices?

      No, but it doesn't mean they aren't assholes either.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:Obstinance? by tepples · · Score: 1

      an iOS developer can ad-hoc distribute without terms to 100 other devices.

      But those 100 recipients can't distribute further.

    9. Re:Obstinance? by krizoitz · · Score: 1

      Yeah, it really sucks that Apple is the only company that makes smartphones and we don't have any choice but to buy from them and no one else if we don't like Apple's way of doing things...

    10. Re:Obstinance? by tepples · · Score: 1

      Yeah, it really sucks that Apple is the only company that makes smartphones

      Until very recently, Apple was the only company that makes smart MP3 players. Not everybody wants yet another phone line, and I haven't seen a Samsung Galaxy Player or Archos 43 in stores yet.

    11. Re:Obstinance? by Wovel · · Score: 1

      Just means they care more for their customers then they do for say um you..

    12. Re:Obstinance? by Wovel · · Score: 1

      So it is arrogant for Apple to think it knows what is best for its customers, but perfectly ok for the FSF to know what is best for us all :) Any altruism in the FSF checked out about the time GPL3 came into being....

    13. Re:Obstinance? by Anonymous Coward · · Score: 0

      Their [Apple's] obstinance prevents you from having this great software on Apple devices—not the GPL or the people enforcing it.

      Not to mention that this "great software" fucking sucks.

    14. Re:Obstinance? by pknoll · · Score: 1

      TFA strongly implies that the App Store was distributing VLC on its own initiative, not at the behest of the author.

      Which is bullshit. VLC didn't show up on the App Store by magic, and it's not Apple that put it there. Someone got an iOS Developer License from Apple, agreed to its terms, and then compiled VLC for iOS, and submitted it for distribution in the App Store.

      Now, somone–ostensibly a different someone–who has code in VLC has noticed that it's incompatible and is asking Apple to remove it. Apple has no choice, really, the license doesn't allow it to stay in the App Store, so poof. It's gone.

      Now try to figure out how this helps anyone. It isn't good for the users, certainly, since an app they could otherwise get is now gone. I don't see how it helps the developers of VLC; an extremely popular distribution channel is now closed to them. And it doesn't help or harm Apple, really, unless someone is really broken up about not being able to get a frankly redundant video player on their device.

    15. Re:Obstinance? by Anonymous Coward · · Score: 0

      How insightful...

  11. GPL requires ability to run any user program by noidentity · · Score: 1
    The answer is right there in the Preamble of the GPL:

    Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products.

    Merely distributing the source isn't enough; Apple would have to allow anyone to run anything on the iPhone, which has security implications beyond simply increasing user freedom. If you refrain from oversimplifying things, you'll see that there are reasons beyond simply wanting to restrict users just for the hell of it. Apple isn't forcing anyone to agree with their model; participation is entirely voluntary, involving purchase of an Apple device.

    1. Re:GPL requires ability to run any user program by betterunixthanunix · · Score: 1

      Apple would have to allow anyone to run anything on the iPhone, which has security implications

      Only under the definition of security that means, "The customer is the adversary, and the goal of the security system is to protect cash flow." This is admittedly a commonly used definition, intended to mislead people into thinking that these restriction systems are a good thing for them.

      participation is entirely voluntary, involving purchase of an Apple device.

      Voluntary until schools start handing out iPads and mandating that students use them. I doubt that there will be an exception to the restrictions for students who are required to use iPads.

      --
      Palm trees and 8
    2. Re:GPL requires ability to run any user program by Moridineas · · Score: 1

      But that preamble is from GPLv3, and vlc is under GPLv2. I don't think there's a similar statement in GPLv2.

      http://www.videolan.org/support/faq.html

    3. Re:GPL requires ability to run any user program by Moridineas · · Score: 1

      Voluntary until schools start handing out iPads and mandating that students use them. I doubt that there will be an exception to the restrictions for students who are required to use iPads.

      Yes, and that's STILL voluntary because nobody is forcing the schools to use iPads, nor forcing students to go to those schools that do, nor forcing students to only use iPads.

      If one day schools are mandated to use iPads and students are forced to buy them, yeah, I would fight that, but I don't see that happening. Then again I guess some schools already mandate that you own a Windows laptop... (or at least, have mandated this in the past) ~shrug~

    4. Re:GPL requires ability to run any user program by Anonymous Coward · · Score: 0

      The answer is right there in the Preamble of the GPL:

      Some devices are designed to deny users access to install or run
      modified versions of the software inside them, although the manufacturer
      can do so. This is fundamentally incompatible with the aim of
      protecting users' freedom to change the software. The systematic
      pattern of such abuse occurs in the area of products for individuals to
      use, which is precisely where it is most unacceptable. Therefore, we
      have designed this version of the GPL to prohibit the practice for those
      products.

      Merely distributing the source isn't enough; Apple would have to allow anyone to run anything on the iPhone, which has security implications beyond simply increasing user freedom. If you refrain from oversimplifying things, you'll see that there are reasons beyond simply wanting to restrict users just for the hell of it. Apple isn't forcing anyone to agree with their model; participation is entirely voluntary, involving purchase of an Apple device.

      So then, pretty much every Android phone is in flagrant violation of the GPL too, right?

      Just sayin'...

    5. Re:GPL requires ability to run any user program by Anonymous Coward · · Score: 0

      Apple isn't forcing anyone to agree with their model; participation is entirely voluntary, involving purchase of an Apple device.

      Not sure why we are so stupid to have consumer regulation at all. For example, we should have left a choice to the mighty market whether to give warranty rights or not. Quality would have risen and prices would be lower. For sure, believe it. Oh, and after all no one would have been forcing people to agree with that.

    6. Re:GPL requires ability to run any user program by 91degrees · · Score: 1

      Isn't that part simply for context to explain the purpose of the GPL rather than directly legally enforcable though?

    7. Re:GPL requires ability to run any user program by noidentity · · Score: 1

      Correct, that describes their intent, and it ends with "Therefore, we have designed this version of the GPL to prohibit the practice for those products." So unless their lawyers are incompetent, the rest of the license legally implements the intent described in the paragraph I quoted.

    8. Re:GPL requires ability to run any user program by jrumney · · Score: 1

      Right, but that is GPL v3, the Linux kernel and VLC have chosen to remain with GPL v2, which do not have that wording.

    9. Re:GPL requires ability to run any user program by tepples · · Score: 1

      So then, pretty much every Android phone is in flagrant violation of the GPL too, right?

      Only phones sold by AT&T would violate the version of the GPL from whose preamble this quote was taken. The other carriers' Android phones, as well as Android tablets made by Archos, have "Unknown sources" and "Developer" options.

    10. Re:GPL requires ability to run any user program by tepples · · Score: 1

      Apple isn't forcing anyone to agree with their model; participation is entirely voluntary, involving purchase of an Apple device.

      Until very recently, there wasn't a close substitute unless you wanted yet another phone line. Apple's iPhone is to Android phones as iPod touch is to products that came out only within the past month, such as Samsung Galaxy Player and Archos 43, neither of which I have yet seen in stores. (I've been given a tip that Sears has the latter; I might run by a Sears to check today.)

    11. Re:GPL requires ability to run any user program by noidentity · · Score: 1
      91degrees wrote:

      Isn't that part simply for context to explain the purpose of the GPL rather than directly legally enforcable though?

      Then I replied:

      Correct, that describes their intent, and it ends with "Therefore, we have designed this version of the GPL to prohibit the practice for those products." So unless their lawyers are incompetent, the rest of the license legally implements the intent described in the paragraph I quoted.

      Then you replied:

      Right, but that is GPL v3, the Linux kernel and VLC have chosen to remain with GPL v2, which do not have that wording.

      How is the GPL version relevant to 91degrees' question? He was noting that my quote wasn't from the legally-binding portion, and I noted that it is merely a summary of what the legally-binding portion does. It wasn't about which version of the GPL is being used, so your response doesn't make sense to me.

      In the overall context, the article summary states "Apple has decided that [...] they'd rather kick out GPLed software than change their own rules." Software under the GPL v3, the current version of the GPL, is GPLed software, and I was replying to this part of the summary. I don't think this article was about merely allowing VLC, but of allowing all GPLed software, so I don't see how the particular version VLC uses is even significant. Even if it were, why would the intent of the FSF with GPL v3 be any different than v2? As I understand it, the whole reason for v3 was to close loopholes in v2. Not being able to run modified user programs is a limitation on user freedom that the FSF considers unacceptable.

      And before anyone starts accusing me of being anti-GPL, I release most of my open-source code under a GPL license. I still retain the ability to be objective and see the security implications and understand why others don't choose to use GPL or support its freedoms.

  12. Another VLC Developer's Take by TraumaHound · · Score: 5, Interesting

    He thinks there's no real issue here.

    http://news.ycombinator.com/item?id=1850340

    As a major VLC developer, I have to say that the FSF is pushing bad faith and FUD.

    1. Re:Another VLC Developer's Take by Bigjeff5 · · Score: 1

      It doesn't really matter what the VLC developer says. What matters is what the GPL says, since it's the GPL that is legally binding.

      According to the GPLv2, under which VLC is licensed, Apple's DRM would violate the terms of the license (by further restricting the rights of the recipients of the software which have been expressly granted by the GPL - see section 6).

      End of story.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re:Another VLC Developer's Take by Anonymous Coward · · Score: 0

      Again, it's not the DRM that is the problem. It's that the source being available by the distributor.

      Use the Wolf3d model. Zip up the source and add it to the app package. You don't need to jailbreak or anything like that to get to it.

    3. Re:Another VLC Developer's Take by Wovel · · Score: 1

      Isn't that in their charter? (Seriously)

  13. Why shouldn't Apple remove apps by owner request? by SuperKendall · · Score: 4, Interesting

    So Apple *may* remove the VLC iPad app, because the people that own VLC tell Apple there's a license violation - knowing that in the past this means Apple will pull the app.

    Isn't the definition of insanity repeating the same action and expecting different results?

    If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success. You need to keep things like VLC alive in the app store, so that users will be more tempted to use non-DRM downloads and consume them on modern computing devices.

    But instead, the FSF is playing into the hands of the media companies by keeping things like VLC player out of the mainstream and attacking the only company with the same goals of ending DRM. Nice work FSF, this is seriously making me re-think my yearly donation...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  14. Only People who will suffer is the users. by OS24Ever · · Score: 1

    This serves no purpose than to shove more OSS software out of the public's eye.

    Maybe a few hippies can pat themselves on their back, but that's about it. It won't teach the consumer public anything.

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

    1. Re:Only People who will suffer is the users. by betterunixthanunix · · Score: 1

      This serves no purpose than to shove more OSS software out of the public's eye.

      Yes, because the goal of the free software movement is to gain users at any expense, even if it means that those users do not actually enjoy any of the benefits of free licensing. It is easy to forget that, in fact, just having more people use this software is not the ultimate goal; the goal is for people to have the freedoms that are granted with free licenses like the GPL. Look at TiVo if you want to see how lots of people can use free software without being able to enjoy any of the benefits and freedoms that come with it.

      --
      Palm trees and 8
    2. Re:Only People who will suffer is the users. by jedidiah · · Score: 1

      VLC and everything that supports it only exists because freaks like RMS chose to stick by their principles. Pandering to Apple now is a poor long term choice that only undermines the framework that got us to this point. If Apple wants to be a no-free-software-zone, then by all means let them. People that have put a lot of hard work into Free Software should not be forced to ignore large scale commercial piracy any more than anyone else.

      A company like Apple abusing the good will of developers is exactly why the GPL was created.

      The GPL was created to retain the good will and contributions of developers. If you start allowing compromises, then you will probably lose any of your contributors.

      THAT is much worse than no allowing Apple to exploit VLC for it's own benefit.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    3. Re:Only People who will suffer is the users. by Anonymous Coward · · Score: 0

      VLC and everything that supports it only exists because freaks like RMS chose to stick by their principles. Pandering to Apple now is a poor long term choice that only undermines the framework that got us to this point. If Apple wants to be a no-free-software-zone, then by all means let them. People that have put a lot of hard work into Free Software should not be forced to ignore large scale commercial piracy any more than anyone else.

      A company like Apple abusing the good will of developers is exactly why the GPL was created.

      The GPL was created to retain the good will and contributions of developers. If you start allowing compromises, then you will probably lose any of your contributors.

      THAT is much worse than no allowing Apple to exploit VLC for it's own benefit.

      Excuse me, but isn't VLC FREE? So, let me get this straight: Apple is hosting the app, putting up a webpage, paying for the bandwidth (rather considerable bandwidth I might add, for a popular app like VLC), and all for a "competing" media player to its own iPod app built into the iPhone/iPod touch? And they're doing this for FREE. 30% (Apple's cut) of nothing is... nothing.

      So, it could be argued that the developers of VLC are the ones "exploiting" a free software distribution service. And then have the unmitigated GALL to COMPLAIN about it!

      That's like you asking a friend if you can have dinner at his house, and then you complaining that he didn't cook your favorite meal.

    4. Re:Only People who will suffer is the users. by Wovel · · Score: 1

      I am starting to feel like a broken record, but what GPL started out to be and what it is today are two entirely different things.

  15. What's the problem here? by jo_ham · · Score: 5, Insightful

    So, the non-article pretty much says "we complained about another GPL app in the store and rather than Apple change its entire licensing structure, it chose to remove the app in question and stop distributing it" - which is *exactly what the FSF were complaining about*.

    * App is distributed on app store
    * FSF sees it is GPL
    * complains to Apple that it is not compatible with their licenses
    * Apple takes it down (or it is suggested that Apple will go this route - there hasn't been a decision on VLC yet, this article is just speculating on what Apple will do and condemning them for a decision they have not yet made)

    Really, what is the argument here? There is no justification for righteous indignation when Apple does exactly what it is asked to do. You seriously expect them to change their licensing to be compatible with GPL software? What world are they living in? The App Store is a well known closed ecosystem. This article is nothing but a petulant rant that attempts to apportion blame about "denying great software" to people on iOS devices because of "Apple's restrictions" - when it is just as clear that the restrictions go both ways. The FSF likes to point out that the GPL is incompatible with the App Store (and there's a nice little non-sequitur paragraph at the end with wild speculation that the new app store in 10.7 will be enormously locked down).

    This cuts both ways.

    The GPL is a marvellous thing, but there are some places it just cannot go, by nature of its restrictions; restrictions put in place to provide more freedom, ironically. This article is nothing more than an attempt to force Apple to deny its own freedom to choose what licenses to use for the App Store - if they happen to be incompatible with the GPL, then tough beans. They have as much right to choose as anyone using the GPL does.

    If the lack of wholly GPL software on iOS bothers enough customers, there are other smartphone platforms that are known for not having such a tightly controlled app ecosystem.

    1. Re:What's the problem here? by babyrat · · Score: 1

      If the lack of wholly GPL software on iOS bothers enough customers, there are other smartphone platforms that are known for not having such a tightly controlled app ecosystem.

      That is EXACTLY what the article is about!

      Unfortunately it won't make a lick of difference because the only people using VLC are geeks who already know the score with regards to Apple's app store policies. Now if Angry Birds was a GPL app and you took it away from everyone's i Phone/Pad/Touch...well I don't even want to think what would happen.

    2. Re:What's the problem here? by Anonymous Coward · · Score: 0

      It is not the FSF that complain to Apple, but one of the VLC developper.
      It is not Videolan that wrote the iOS port of VLC but a set of developper that forked a version of VLC.

    3. Re:What's the problem here? by hweimer · · Score: 1

      If the lack of wholly GPL software on iOS bothers enough customers, there are other smartphone platforms that are known for not having such a tightly controlled app ecosystem.

      And that is precisely the point of the article, to educate people about the problems with Apple's app store and that you will not have access to thousands of GPLed apps when buying an Apple device.

      --
      OS Reviews: Free and Open Source Software
    4. Re:What's the problem here? by jo_ham · · Score: 1

      But in an entirely disingenuous fashion - VLC is GPL v2, which is compatible with the App Store (the terms and conditions were clarified after the GNU Go thing), so the VLC dev can complain all he wants that it's not compatible - it just ain't so.

      If they want to shoot themselves in the foot, they can go right ahead. It's a shame since I had a lot of admiration for VLC. I'm sure it's not all of the devs involved in the project (I have seen at least one post on here with a dissenting dev's opinion), but this sort of thing only hurts the cause. You can't fight a battle on dishonesty.

      The decision hasn't even been made yet - the article is merely speculating on the decision Apple will take, and then criticising them for it, even though they haven't actually decided anything yet.

    5. Re:What's the problem here? by Rogerborg · · Score: 1

      Quite right. Ceasing the abuse when you get caught doing it is sufficient - you don't have to offer penance or remedy for the harm you've already done. I was explaining as much to the cops last night, as they stopped me from beating my wife.

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:What's the problem here? by jo_ham · · Score: 1

      So you're saying Apple should never have approved the VLC app?

      They slightly changed the wording of the the TOS so that the store became compatible with GPL v2, which VLC is under. It's actually fine (although Apple may decide to take it down anyway, to avoid any hassle), but the VLC dev in question still fancied a ideological rant that the FSF was quick to champion.

      Apple was not explaining itself after being caught beating its wife again, it's being chastised for approving apps with licences that actually are compatible with the store. If the app was under GPL v3 then it would be different - and the argument that Apple should change its policies to be compatible with v3 is just a non starter.

  16. Who owns the store? by nurb432 · · Score: 1

    Apple. Their house, their rules. Don't like it, go play at a friends house ( like android, or blackberry or cydia )

    --
    ---- Booth was a patriot ----
    1. Re:Who owns the store? by Anonymous Coward · · Score: 1

      Which doesn't make them free from criticism.

    2. Re:Who owns the store? by LingNoi · · Score: 1

      VLC. Their stuff. Their rules. They don't like apple taking their stuff without following their rules. Stop that.

    3. Re:Who owns the store? by Nerdfest · · Score: 1

      ... and don't forget to tell all of your friends and family why they shouldn't play there either. I don't want to have all mobile computing go the way of the walled garden due to people's lack of knowledge.

    4. Re:Who owns the store? by Anonymous Coward · · Score: 0

      VLC. Their stuff. Their rules. They don't like apple taking their stuff without following their rules. Stop that.

      Apple TAKING their stuff?!?

      So, I guess that APPLE stole VLC and FORCED it into the App Store, right?

      I submit that the ONLY reason that VLC is IN the App Store in the first place is because THE PUBLISHER OF VLC SUBMITTED IT.

      But I guess it was too much work for them to read the Terms and Conditions BEFORE submitting the app, right?

      This smells of collusion between the publisher of VLC and the FSF, just to gain some attention. Nothing more, nothing less.

    5. Re:Who owns the store? by jo_ham · · Score: 1

      VLC. Their stuff. Their rules. They don't like apple taking their stuff without following their rules. Stop that.

      Yes, which is exactly what they did last time when they complied with a request to remove GNU Go.

      FSF: "Hey, stop distributing GNU Go!"
      Apple: "Ok, we have taking it down. It's no longer on the store."
      FSF: "Wait, we didn't mean that! We meant for you to change your policies to make the store GPL compatible!"
      Apple: "I see. Good luck with that. We exercise our freedom to choose our own terms and conditions on our store."

    6. Re:Who owns the store? by pthreadunixman · · Score: 1

      Yep. I always love the old "It's theirs, so they are immune from criticism" argument.

    7. Re:Who owns the store? by foo12 · · Score: 1

      They don't like apple taking their stuff without following their rules.

      Apple didn't "take" anything -- another Developer submitted the ports to the app store in good faith. This is nothing more than a intra-developer pissing match until Apple ignores the request to remove VLC.

    8. Re:Who owns the store? by Wovel · · Score: 1

      The VLC in the App store was put there by the major developers of VLC. Apple merely accepted it...FSF is going where its ego drags it..

  17. Unclear on details? by Moridineas · · Score: 1

    Today, a formal notification of copyright infringement
    was sent to Apple Inc. regarding distribution of the VLC media player for
    iPad, iPhone and iPod Touch. VLC media player is free software licensed
    solely under the terms of the open source GNU General Public License
    (a.k.a. GPL). Those terms are contradicted by the products usage rules of
    the AppStore through which Apple delivers applications to users of its
    mobile devices.

    What exactly is the problem, ie, how exactly is Apple infringing?

    I read both the VLC article and the linked to post about GNU Go and I'm unclear how exactly this works. I believe the complaint being made is that Apple does not guarantee that any/all software will be made available (FSF: http://www.fsf.org/news/2010-05-app-store-compliance) on the App store.

    I'm by no means a GPL expert, but I thought that the "distribution" terms (at least in v2) were about the source code, and I don't believe this is contradicted by App store terms? Can't the VLC developers post the source code to their iOS app, thus satisfying the distribution requirement? Does the dist requirement apply to binaries (and the ability of other non-developer / non-jailbreak users to actually RUN the binaries)? Anybody with more gpl knowledge care to chime in?

    Anyway, given that developers have to know and agree to the App store terms before submitting apps, wouldn't it be the developers who caused the infringement (FSF seems to say this)? Though I guess copyright is strict liability...

    1. Re:Unclear on details? by rsmith · · Score: 1

      If Apple is not the author of a work, are they allowed to impose additional terms on its usage and distribution?

      IANAL, but I don't think so. That right is usually restricted to the owner of the copyright.

      --
      Never ascribe to malice that which is adequately explained by incompetence.
    2. Re:Unclear on details? by harlows_monkeys · · Score: 1

      Simple: GPL does not allow imposing additional restrictions on people you distribute GPL software to. If I give you GPL software (that I don't fully own the copyright to), I can't require you to agree not to redistribute it, I can't require you to agree not to reverse engineer it, I can't require you to agree to only run it on hardware you got from me, and so on.

    3. Re:Unclear on details? by Bigjeff5 · · Score: 1

      It's the DRM.

      Apple's DRM limits the software to 5 authorized devices. That is a very clear and blatant violation of the GPL.

      Apple will not distribute an app via the App Store without their DRM, so any GPL software must be removed. The article is complaining about Apple's inflexibility in the matter (i.e. all they have to do is not DRM the app and it's fine to sell in the App Store, but Apple won't).

      It's just another reason to hate Apple, it's not really anything epic. There could be a lot of GPL software going on the iPhone and iPad if Apple would be a little more flexible, but they always have been and always will be a "my way or the highway" kind of company, and I don't expect things to change.

      Anyway, given that developers have to know and agree to the App store terms before submitting apps, wouldn't it be the developers who caused the infringement (FSF seems to say this)? Though I guess copyright is strict liability...

      Copyright applies to the distributor. You must have a license for distribution. That's no problem for Apple, since they get this rights as soon as the developer sends them the software to be distributed. The developer can agree to the terms all they want, and be held by them. However, the distributor (Apple) must abide by the terms of the license (GPL) in order to distribute the software.

      In other words, it's A OK for Apple to DRM any GPL software they want. However, according to the GPL it is NOT OK for Apple to distribute a DRM version of a GPL software, because the GPL explicitly grants recipients of the software the rights to redistribute the software (which is what DRM restricts), and also explicitly prohibits any restrictions of the rights granted by the GPL. The two are incompatible, and since the developer does not have the rights to re-license the software (he would need to have copyright on every single line of GPL code to do so) Apple does not get to apply their DRM to GPL software.

      Apple's options are to remove the DRM, or stop distributing the app. Apple always chooses to stop distributing the app, which is what the article is complaining about.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    4. Re:Unclear on details? by Moridineas · · Score: 1

      I don't think that's true. If a work is GPLed, what's stopping me from selling a binary that I say can't be shared? Anything? I absolutely DO have to share the source...

    5. Re:Unclear on details? by Moridineas · · Score: 1

      It's unclear to me if clause 6 (what you're referring to, I assume?) kicks in here. If the source code is fully open, does that satisfy the requirements?

    6. Re:Unclear on details? by harlows_monkeys · · Score: 1

      Under the old terms at the Apple store, you had to agree to not redistribute software you downloaded from the store. Even if that software came with a license that allowed redistribution, you had to obey Apple's requirement that you do not redistribute. That's an additional requirement under GPL, and runs afoul of clause 6.

      This may no longer be a problem. The part of the Apple terms that said their Usage Rules applied in addition to any other license from the app developer have been removed. It might now be that if you have a license from the app developer, that is all that matters. If that is the case, no problem under clause 6 anymore

    7. Re:Unclear on details? by Wovel · · Score: 1

      The DRM ensures that only unmodified software is run on non-jailroken devices.. You are asking Apple to make a fundamental strategic shift based on a flawed license that impacts a tiny percentage of their actual customers.

  18. We need better summaries. by Anonymous Coward · · Score: 0

    The summary is just a paragraph copied from the article and surrounded by quote marks. We're all smart people around here; we can do better than this.

    Future submitters: You're supposed to use your summary to catch our attention. At the minimum, you need to tell us what happened and hint at why it might be interesting to read.

    Editors: A well-written summary carries more credibility than a copy-and-paste job. If you must approve a story that regurgitates whatever it links to, then why not preface it with something like "so-and-so quotes a provoking article from blah blah blah..." instead of "so-and-so writes..."?

    1. Re:We need better summaries. by Anonymous Coward · · Score: 0

      Why bother rewriting a summary then the article pretty much sums it up in the first place? Also the moderators do edit stories and change the text to show it is an excerpt, although that doesn't seem to be the case here.

      Try submitting some stories instead of whining like a loser.

  19. Re:Come-on Lunix haxxors, prove you aren't dumb. by ushering05401 · · Score: 1

    GPL is worthless without a foundation of faith in humans... That is what makes the license go.

    All of the actions you suggest would fail to cheapen the power of the GPL, but succeed in demeaning the community around it.

  20. Why is this about DRM? by hcdejong · · Score: 4, Informative

    The original announcement says nothing about DRM. Nor do I recall reading anywhere else about Apple requiring DRM be included in products sold via the App Store. To me this looks like the FSF is hijacking the issue of GPL vs. Apple license.

    1. Re:Why is this about DRM? by betterunixthanunix · · Score: 2

      Nor do I recall reading anywhere else about Apple requiring DRM be included in products sold via the App Store

      All the software distributed through the Apple App Store is subject to iOS DRM; the devices are built to prevent any code that Apple has not approved from running. That is the DRM we are talking about here.

      --
      Palm trees and 8
    2. Re:Why is this about DRM? by gilesjuk · · Score: 1

      When you download the application via the App Store I think the files become locked to your device using DRM. Such that you can't then send the file to someone else for them to run.

    3. Re:Why is this about DRM? by jo_ham · · Score: 1

      Bingo.

      It's also a handy platform to take another shot at the upcoming App Store in 10.7, which has nothing to do with this issue, but nevertheless the last paragraph is there for some baseless speculation.

      This whole issue just smacks of "rar rah! your licence isn;t compatible with ours! rah!" and Apple saying "ok, we'll just stop distributing your app". "But wait! That's not the outcome we were looking for!"

    4. Re:Why is this about DRM? by Moridineas · · Score: 1

      Something like that. You can buy an App and use it on multiple of YOUR devices (ie, iPod, iPhone, and iPad -- not sure the number, but they have to be "authorized" to your account), however since Apple doesn't allow binary distribution except through the app store, you cannot distribute it to anybody else.

      It's just like how in iTunes Apple used to limit your aac files to being used on 3 computers, then on 5 computers, then any number.

      I would like to believe a similar trajectory would happen here, but I'm not betting on it. Hopefully DRM free is at least an option one day...

    5. Re:Why is this about DRM? by babyrat · · Score: 1

      Can you take the binary you downloaded onto you iPhone and put it on another iPhone? (without Jailbreaking or other hacks)

      Why not?

      DRM

    6. Re:Why is this about DRM? by sateh · · Score: 1

      This is true. But consider this: VLC for the iPhone is a free application. So you are not able to give me a copy directly, but I can download a free copy from Apple without any problems. I know it is not ideal but at least there is a very simple mechanism in place to distribute free software very easily.

    7. Re:Why is this about DRM? by Anonymous Coward · · Score: 0

      Can you take the binary you downloaded onto you iPhone and put it on another iPhone? (without Jailbreaking or other hacks)

      Yes.

    8. Re:Why is this about DRM? by jedidiah · · Score: 1

      How?

      Are there an restrictions that are embedded into this process?

      If there, are then it's not good enough to satisfy the GPL.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:Why is this about DRM? by Anonymous Coward · · Score: 0

      Yes, actually... you can.

      I didn't have to re-purchase and re-download all the apps running on my original iPhone when I replaced it; likewise, I was able to simply load all of them onto my iPad as well (except for those that required iOS 4 to run, but that's a platform version issue that will be resolved once iOS 4.2 is released).

    10. Re:Why is this about DRM? by BasilBrush · · Score: 1

      Can you take the binary you downloaded onto you iPhone and put it on another iPhone? (without Jailbreaking or other hacks)

      Yes.

    11. Re:Why is this about DRM? by gorgonite · · Score: 1

      This is not true. If you pay $100 you can compile and run whatever you want. You might be unhappy about these $100, and indeed, Apple is rich enough to provide this service for free. Also, they could easily make their Appstore GPLv2 compliant by requiring sources for GPLv2 apps and offering them for download. They are even entitled to these sources. All they need to do is add a little extra function to the Appstore. However, it seems that they are not so interested in GPLed software: It's easier to pull apps as needed.

    12. Re:Why is this about DRM? by metamatic · · Score: 1

      All the software distributed through the Apple App Store is subject to iOS DRM; the devices are built to prevent any code that Apple has not approved from running.

      This is not true. If you pay $100 you can compile and run whatever you want.

      But you can't distribute it through the App Store, which is what's being discussed here.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    13. Re:Why is this about DRM? by Bigjeff5 · · Score: 1

      It doesn't matter if it is free or not, the GPL grants you all the rights of the distributor upon receipt of GPL software (whether you paid for it or not). Apple's DRM violates this provision of the GPL, which makes Apple's license to distribute null and void, which means they are violating copyright law.

      Their options are to remove the DRM (not gonna happen for a single app), or remove the app.

      It doesn't matter if there is an easy way around it, Apple is breaking the law either way, and they are doing it in such a way that they could potentially be held criminally liable (instead of the usual civil liability).

      There is only one practical option for Apple, but it doesn't mean they aren't still douche-bags.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    14. Re:Why is this about DRM? by Wovel · · Score: 1

      No they aren't. Stop trying to play lawyer. They will take down the App as requested. If the VLC developers want to get together and sue the FSF so they can repost it they can. You saying Apple is "criminally liable" is frankly just silly.

    15. Re:Why is this about DRM? by Wovel · · Score: 1

      Indeed becaue the GPL is fundamentally flawed, unfortunately so many developers who did not know any better climbed on board.

  21. Third-party company using VLC for kudos by Dr_Barnowl · · Score: 4, Informative

    It didn't have to be the VLC developers - it could have been anyone who posted it to the app store, because the GPL permits you to redistribute the software. It looks like it was a French company "Applidium" that posted it.

    Alas, the restrictions placed on app store content by Apple are not compatible with the GPL ; those receiving the app cannot redistribute it and do not receive sources or an offer of sources (from Apple, who are the distributor - Applidium link to the the videolan.org git repository, which isn't necessarily where they host their source - presumably they tweak the sources for iOS but there's no sign of them offering those tweaks, even if that would satisfy the license which it doesn't - the distributor has to offer the sources).

    Applidium have almost certainly benefited from getting their app store category link in front of the eyes of a lot more people who wanted VLC for their device.

    Applidium may well be adhering to the license - you only have to distribute the changes you make to people receiving the software, so they may have sent the source for their iOS specific tweaks to VLC to Apple along with the binaries. But Apple are most certainly not adhering to the license, and Applidium shouldn't be blameless as they were almost certainly aware that Apple would breach the license as a result of them submitting the app.

    1. Re:Third-party company using VLC for kudos by UnknowingFool · · Score: 1

      Applidium may well be adhering to the license - you only have to distribute the changes you make to people receiving the software, so they may have sent the source for their iOS specific tweaks to VLC to Apple along with the binaries. But Apple are most certainly not adhering to the license, and Applidium shouldn't be blameless as they were almost certainly aware that Apple would breach the license as a result of them submitting the app.

      Except that it would seem that Applidium's license agreement with Apple would expressly forbid what they've done if there was a conflict.

      You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Apple is not in any way responsible for any such use by you.

      One VLC developer doesn't think that there is an issue.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:Third-party company using VLC for kudos by Bigjeff5 · · Score: 1

      Applidium may have put Apple in that position, but Applidium is not using any third-party materials in a manner that would infringe or violate anybody's rights. It's Apple that is doing the violating, not being violated. That clause does not apply.

      That clause is saying Apple is not responsible if Applidium violates another party's rights. That doesn't mean Apple gets to violate another party's rights (in this case, the end users).

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:Third-party company using VLC for kudos by UnknowingFool · · Score: 1

      Applidium may have put Apple in that position, but Applidium is not using any third-party materials in a manner that would infringe or violate anybody's rights. It's Apple that is doing the violating, not being violated. That clause does not apply.

      This is the complaint as I understand it: The App store has DRM. The GPL does not allow DRM. By putting the app in the App store that they knew had DRM, Applidium is violating their agreement with Apple and at the same time violating the GPL. Apple can be thought of a middle-man in a way..

      It would be no different if Applidium made modifications and put the application as a binary onto a 3rd party online software website that charges for downloads. The website has an agreement with Applidium users that they will charge for downloads to cover costs and profit. This is clearly disallowed by the GPL. The website also has an agreements with Applidium that covers licensing. Is the website responsible for Applidium's violation?

      Also Applidium must post their modifications somewhere but hasn't. Is it the website's responsibility to do force Applidium to publish the source code?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Third-party company using VLC for kudos by Macrat · · Score: 1

      Alas, the restrictions placed on app store content by Apple are not compatible with the GPL

      The GPL isn't compatible with reality.

  22. How does that matter? by goombah99 · · Score: 1

    How does that answer the Grand parent post? you have the sources. go ahead and modify them. nothing is stopping you.

      You can even install and run it on an iphone via xcode apple freely provides. You can run it on any mac via the emulator apple freely provides. YOu can redistribute them at will.

    Apple just won't sell it in their store for you.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:How does that matter? by tepples · · Score: 1

      You can even install and run it on an iphone via xcode apple freely provides.

      As I understand, you can run it on the emulator for free with the purchase of any Mac, but you need to buy the certificate to run it on your device.

    2. Re:How does that matter? by goombah99 · · Score: 1

      You can even install and run it on an iphone via xcode apple freely provides.

      As I understand, you can run it on the emulator for free with the purchase of any Mac, but you need to buy the certificate to run it on your device.

      Don't forget you have to buy a mac too. Which means, by this logic, no apple computer or windows computer or linux computer can run GPLv3.

      --
      Some drink at the fountain of knowledge. Others just gargle.
  23. If you want everyone on your side... by Anonymous Coward · · Score: 0

    Then stop writing everything in legalese. If the average consumer cannot read the gpl and understand it, then they will never understand why it's important to have free software. Only supreme eggheads and lawyers will get it, and shocking as it may be, you are in the minority. The majority just doesn't give a shit. So re write the gpl for normal people.

    1. Re:If you want everyone on your side... by perlchild · · Score: 1

      Then the lawyers would use the loopholes in the legal language to make it worthless, or worse, to hurt our cause.

      Keep in mind that the gpl is a license to distribute, aka a contract. It's already been slimmed down as much as it can, legal-wise. Other documents can be written to explain the GPL without having this restriction, but the gpl itself has reached pretty-much rock bottom.

      You can explain free software to people without using the text of the gpl anyways, by concentrating on the issues it's trying to solve.

      The way I see it, the main problem that has yet to be fixed for iOS software is to get a court to order Apple to drop the restriction for developed software by YOU to be limited to 100 copies if you don't use the apple store. Apple has a stake in your success, they offer a store, over which you must choose to hand over a large part of the profit to them... or not distribute it to more than 100 people.

      That's broken, you should be able to be your own distributor. That's what caused the most problem with the xxAA. Only large companies could be distributors.

    2. Re:If you want everyone on your side... by Wovel · · Score: 1

      And what wil you do to make Grandma comfortable with installing all these applications? Keep in mind that Microsoft spent the last 20 years putting everyones systems at risk with inadequate security and now many (maybe even most) people only feel comfortable if they know someone is checking out all the programs they want to install.

      No most /. people don't get it. It might not be the right world for GPL software to exist, but if the authors of GPLd software want access to the iOS market and the implicit trust the users have for software purchased in the App store, they are going to have to come up with a new license.

      We can argue all day wither or not that trust is well placed, or in anyway benefical. THe fact is that it exists. Real end users have the most freedom with Apples app store, they can browse around and click on any stupid thing and install it and never worry about the bad things that will happen to them. (queue people linking articles they did not understand with headlines proclaiming problems with app store apps that do not really exist).

  24. Re:Why shouldn't Apple remove apps by owner reques by tomhudson · · Score: 1

    Isn't the definition of insanity repeating the same action and expecting different results?

    So I take it you're not going to vote any more ...

    And you won't date because some time in the past you got dumped ...

    And you won't post on slashdot because it doesn't change anything ...

    Okay, seriously, the reason we try things over and over is because we HOPE that at some point, things will change. Other people will notice, take a stand, and progress is made - or at least we've met some new and interesting people :-)

    FSF isn't keeping VLC out of the mainstream - Apple makes a point of not being "main-stream." Many of the people who buy Apple would shrivel up in horror if they ever thought their i{$WHATEVER} was mainstream.

    -- Barbie

  25. Re:Come-on Lunix haxxors, prove you aren't dumb. by Dr_Barnowl · · Score: 1

    It's not about DRM on videos. It's about DRM on the app.

    Developers may personally have a problem with DRM on content but the license does not - or it wouldn't be usable on projects like GPG.

    The problem is that the terms of the GPL are not being met - the application cannot be redistributed by the recipients, and they are not receiving the sources for the application, or an offer to receive them from Apple. The distributor of software must meet these responsibilities - it's not sufficient to point to the original distributor of the sources and suggest that you get them from there (as the third party company who uploaded this app does).

  26. Re:Why shouldn't Apple remove apps by owner reques by Moridineas · · Score: 1

    FSF isn't keeping VLC out of the mainstream - Apple makes a point of not being "main-stream." Many of the people who buy Apple would shrivel up in horror if they ever thought their i{$WHATEVER} was mainstream.

    You really think so?

    You must not have been to an Apple store or college campus lately...

  27. Read the rest of my post by betterunixthanunix · · Score: 2, Insightful

    you have the sources. go ahead and modify them. nothing is stopping you.

    Unless, of course, you obtained the software through the App Store...which is what this is all about. The App Store policies, the mandatory DRM, are the problem here.

    You can even install and run it on an iphone via xcode apple freely provides

    When last I checked, you had to pay Apple for this privilege; that seems to run afoul of the GPL in and of itself, at least in spirit. Again, though, the point here is about the App Store which has policies that are inherently incompatible with the GPL.

    --
    Palm trees and 8
    1. Re:Read the rest of my post by Anonymous Coward · · Score: 0

      you have the sources. go ahead and modify them. nothing is stopping you.

      Unless, of course, you obtained the software through the App Store...which is what this is all about. The App Store policies, the mandatory DRM, are the problem here.

      I don't see how that stops anything if you have the sources.

      You can even install and run it on an iphone via xcode apple freely provides

      When last I checked, you had to pay Apple for this privilege; that seems to run afoul of the GPL in and of itself, at least in spirit. Again, though, the point here is about the App Store which has policies that are inherently incompatible with the GPL.

      For any GPL software you have to pay for the privilege of owning a computer to compile is on.

    2. Re:Read the rest of my post by goombah99 · · Score: 1

      you have the sources. go ahead and modify them. nothing is stopping you.

      Unless, of course, you obtained the software through the App Store...which is what this is all about. The App Store policies, the mandatory DRM, are the problem here.

      Huh?? many GPL application make the source code freely available outside the app. they have web sites for this. Or you could even have the app show it's own source code if you really wanted to insist the code is delivered by the same distribution channel.

      You can even install and run it on an iphone via xcode apple freely provides

      When last I checked, you had to pay Apple for this privilege; that seems to run afoul of the GPL in and of itself, at least in spirit. Again, though, the point here is about the App Store which has policies that are inherently incompatible with the GPL.

      You have to pay for the apple operating system too (same with windows). On linux if you want your application to run fast you might consider paying for an INtel optimized compiler. Or if you want it to run on some processors the only compilers available cost money. The GPL3 does not require that the operating system or compiler has to have no cost.

      You can run apps freely in OSX with the developer tools. To transfer them to an iphone you need some additional software that you have to buy from apple. But anyone can get it.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:Read the rest of my post by Snocone · · Score: 2, Insightful

      Unless, of course, you obtained the software through the App Store...

      So zip up the source files and drop them in the app package you submit to Apple. That's what id did with the wolf3d sources. Presto, source distributed along with every download from the App Store, now go sit in the corner with a nice big cup of STFU.

      Since that alleged objection is so trivially dealt with, the FSF is taking the position that Section 6 of GPLv2 is incompatible with App Store distribution, since Apple limits the distribution of the downloads to the five devices linked to the downloader's Apple ID. In other words, their position is that Apple must remove the signing requirement for device installs before iOS devices can be GPL-compatible at all.

      Well, nobody sane thinks that ever might happen.

      You have the option to sign yourself whatever code you want on whatever devices you purchase by joining the iOS developer program; and furthermore you can sign it to be ad hoc installed on another couple hundred devices of people who trust you enough to give you their device IDs. If you're not interested in working with either of those options, then that's a pretty clear indication that what you're up on your high horse about has nothing to do with what's actually best for the vast majority (as in the 92% that have not jailbroken their devices) of users.

    4. Re:Read the rest of my post by gnud · · Score: 1

      It doesn't nessescarily stop anything. But Apple is not allowed (does not have a license to) distribute VLC unless they follow the GPL, which amongst other things says that Apple must make the source available.

    5. Re:Read the rest of my post by Anonymous Coward · · Score: 0

      Apple is merely a conduit. The Publisher of the application is clearly listed for each and every app in the App Store. The Publisher (and/or Developer) are the only ones who should be responsible for providing the source. Apple is behaving no differently than if I gave you a binary blob of some piece of software I downloaded. Yeah, I distributed it to you, but I had no part beyond that. Are you going to tell me I'm not allowed to share GPL software with a friend?

    6. Re:Read the rest of my post by agrif · · Score: 1

      So zip up the source files and drop them in the app package you submit to Apple. That's what id did with the wolf3d sources. Presto, source distributed along with every download from the App Store, now go sit in the corner with a nice big cup of STFU.

      Sure, the source is distributed, but it is inaccessible . There is no way to access files on iOS without jailbreaking it. It would be like if you bought some files from me, and I distributed them as encrypted archives without giving you the password. You expected readable files, but all you got was unusable extra data that contain those files, somewhere.

      Even if you ignore the distribution problem, though, anyone who downloads GPL'd apps from the app store is not free to modify and distribute usable binaries. The last part is the important part for GPLv3 software, which was targeted at a similar thing Tivo did a while back (and may still do) to exploit a loophole in the GPLv2.

      If I download GPL software, the GPL explicitly gives me rights as a user. I am free to modify and free to distribute. The first one works here; I can download Apple's SDK freely, and modify the source provided (again, ignoring the source distribution problem). I am also free to distribute my modified work so others can use it; This I cannot do on iOS without paying Apple $100 for the privilege, and even then I can only do this as many times as I want by getting AppStore approved (not free, as in freedom), or paying for the enterprise option (significantly not free, as in money).

      ... what's actually best for the vast majority (as in the 92% that have not jailbroken their devices) of users.

      I would like to know where you got this number (92%), because I suspect it is much lower. I have no proof of this, though, and I'd like to know what the number actually is.

      Also, I would like to note that not all GPL'd source is AppStore incompatible, because of one thing. If I write software (from scratch) that I license under the GPL, I'm still free to distribute it however I want (as the copyright owner). So I can put it on the AppStore. However, I couldn't do that if I also pulled in other GPL sources, since I do not own the copyright on all the code anymore and therefore must adhere to their licenses.

    7. Re:Read the rest of my post by Bigjeff5 · · Score: 1

      The GPL doesn't prohibit charging for software. It specifically states in the license that this is ok, even charging for the source code is fine.

      Once the recipient has the binary and/or source code, however, they have absolutely the same rights to distribute that software as the person they bought it from. They don't have to pay any royalties for selling it themselves, and they are perfectly free to just give it away to anybody they want.

      This is what the App Store violates. DRM is mandatory, and DRM is specifically designed to prevent re-distribution of software, a restriction on the GPL which is expressly forbidden on the GPL.

      People are incorrectly equating this to the GPLv2 TiVo issue, where TiVo removed any modified version of the Linux kernel from their boxes. This was not a violation of GPLv2, because TiVo provided the binaries and source code and TiVo owners were able to modify and distribute the software to their heart's content. What TiVo did not allow was installing a modified version back onto the TiVo box. This is not a problem under GPLv2, because it only addresses the software and its distribution. GPLv3 directly addresses the TiVo behavior in order to force manufacturers to allow modifications to any GPLv3 software to be installed on the original hardware.

      It's a completely different issue though. App Store DRM isn't restricting whether or not modified GPL software can be re-installed on an Apple device, it's restricting the actual distribution rights granted by the GPL. That's a direct violation of the GPL, and is something TiVo didn't do.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:Read the rest of my post by Anonymous Coward · · Score: 0

      your are an ass hat. Yes really really stupid is that's what you think.

    9. Re:Read the rest of my post by Snocone · · Score: 1

      "Sure, the source is distributed, but it is inaccessible."

      Only if you're too stupid to find your "Mobile Applications" folder, unzip the .ipa, and "Show Package Contents". id software figures that's adequate for distributing the wolf3d source, as I noted, so it's good enough for me too.

      "anyone who downloads GPL'd apps from the app store is not free to modify and distribute usable binaries."

      Yes they are. The binary just needs to be signed before installation on a device (and does not need to be signed to be runnable in the simulator). The distributor can do that either with an ad hoc certificate or with a distribution certificate for distribution to be done through the App Store; or the recipient can do that with the codesign command line tool.

      Seems to me that requiring the recipient be able to sign the binary to install on a device is not qualitatively different than requiring the recipient to have a compiler to compile the source in the first place.

      " I am also free to distribute my modified work so others can use it; This I cannot do on iOS without paying Apple $100 for the privilege..."

      Not true. Even if you don't have a cert for your own devices, you can throw a binary compiled with the free(gratis) Xcode download up wherever you want, and the recipient can run codesign on it with their cert. Is that a GPL violation? I say it's no more a violation than requiring a compiler to compile the source, or a 3D card to run an OpenGL program, or enough memory to load the program, or any other restriction that makes a particular set of source not runnable on a particular device. Is it a GPL violation that I can't run a piece of GPL'd Windows source on my Mac? Well, how exactly do you distinguish "not having a device certificate available to sign the binary" from "not having the Windows OS available to link the binary to" as a restriction on your alleged user rights? I see no point of legal difference.

      "I would like to know where you got this number (92%), because I suspect it is much lower. I have no proof of this, though, and I'd like to know what the number actually is."

      That was what Flurry pegged it at in their last monthly update I read, sometime around April. Granted that their source pool is only those devices running apps with the Flurry SDK installed, but I'm willing to bet that's acceptably representative of all devices. In any case, there is no publicly available info that's any better than what Flurry (and their competitors like Mobclix) provide.

    10. Re:Read the rest of my post by mr_mischief · · Score: 1

      You explicitly according to the GPL can sell software licensed under the GPL even if you are not the author. The license simply mandates that you must also offer the source code along with any binaries you distribute, and that only a nominal fee to cover the cost of duplication and distribution can be charged for the duplication and distribution of said source.

      Furthermore, if Apple is selling something on commission for someone else, they're probably not considered the distributor anyway. There's such a thing as a agency/client relationship, and it seems the distributor in this case would be the client uploading the packages for commission sale.

    11. Re:Read the rest of my post by kenshin33 · · Score: 1

      You can run apps freely in OSX with the developer tools. To transfer them to an iphone you need some additional software that you have to buy from apple. But anyone can get it.

      ??? all you\re buying is a key to a lock you already bought.
      This already happened : http://oreilly.com/news/differences_nt.html

    12. Re:Read the rest of my post by Wovel · · Score: 1

      unless you just set up your app to copy them out through iTunes. Please stop speaking like an expert when you clearly do not even own an iPhone, let alone develop for the platform.

    13. Re:Read the rest of my post by Wovel · · Score: 1

      But if the author(s) of VLC want to distribute their app through the app store, they will find a new license to use and GPL will die. Adapt or die.

    14. Re:Read the rest of my post by agrif · · Score: 1

      Note how I didn't focus on the distribution; yeah, you can hack it in. That's not the fundamental incompatibility here! As to your accusation, I'm offended :P http://github.com/agrif/osubus http://github.com/agrif/daemophone http://gamma-level.com/iphoneos/ports/ Sorry, no nice HTML links cause they're hard to type on tiny keys.

  28. Hire a developer by tepples · · Score: 1

    the end user doesn't have any useful rights with GPL unless they are developer

    The end user of a computer program distributed under the GNU GPL has the right to hire any developer to improve the program.

    1. Re:Hire a developer by Americano · · Score: 1

      The end user of a computer program distributed under the GNU GPL has the right to hire any developer to improve the program.

      They also have the right to do the cheaper, more convenient thing:

      Buy the commercial Windows or Mac OS version of the software and run that.

      Still wondering why you still haven't seen the "Year of the Linux Desktop" yet? You just nailed it in a single sentence.

    2. Re:Hire a developer by CronoCloud · · Score: 1

      And how often does that happen for the average end user.

    3. Re:Hire a developer by Patch86 · · Score: 1

      Don't be daft. Desktop Linux is still a tiny minnow compared to Windows and Mac, but Android (a commercial, end user OS) is thriving in it's market, and Linux on the server and Linux in embedded devices are all doing fine.

      GPL clearly isn't holding it back all that badly, or you'd be seeing a 1% market share for Linux in all markets, rather than just desktop computing. Whatever factor makes Linux uncompetitive as a desktop OS clearly doesn't apply to it's other market incarnations- and the GPL is the one thing which is consistent about Linux on all platforms.

    4. Re:Hire a developer by tepples · · Score: 1

      Buy the commercial Windows or Mac OS version of the software and run that.

      The commercial Windows or Mac OS version of the software doesn't come with a license to hire a software developer to fix defects that the publisher of the commercial Windows or Mac OS version of the software declines to fix.

    5. Re:Hire a developer by tepples · · Score: 1

      And how often does that happen for the average end user.

      It happens every time someone buys a product including free software and a support contract. Companies that deploy Red Hat Enterprise Linux are the "end users" (that is, not resellers) of the software. Or by "end user" did you mean "home user"?

    6. Re:Hire a developer by Americano · · Score: 1

      Yes, you know what all of the things you cited as "doing fine" have in common?

      They are used to run products produced by large corporations for consumer sale.

      You know what they also have in common? Virtually nobody buying those products ever modifies the source code.

      I didn't say GPL was "holding it back," I said the attitude that "you can just go hire somebody to write the software you wants" is holding back desktop Linux, and it will not encourage people to adopt Android "because they can mod the software on their device."

      The only people modifying their software are the companies that produce the device, and a handful of hobbyists.

    7. Re:Hire a developer by Americano · · Score: 1

      And you think that matters to consumers?

      If you don't produce software that works, they will buy a competing piece of software.

      If nobody produces software that works, they will simply conclude that it can't be done with a computer, and do it the way they always have.

      I don't know what fantasy land you live in, but no consumer is going to hire a developer and spend a few thousand dollars having them fix bugs in a handful of 99 cent applications on their 300 dollar phone.

  29. GPL forbids you to DRM the GPL but not content by Dr_Barnowl · · Score: 1

    GPLv2 (the version VLC is under) doesn't forbid DRM. GPLv3 (which GNU Go is under) does that.

    It forbids DRM on the application (or TiVo-ization) - measures that prevent modified versions of the code from running. These measures remove the freedom to modify the software to suit your needs, which is what the GPL intends to preserve.

    It does NOT prevent you from implementing DRM systems using the code.

    As the FAQ points out, DRM systems in GPL code are a little silly, because you must give the sources to application recipients, which means that cracked versions will emerge pretty quickly (and legally), but you can still do it, just like you can use GPL code to create baby-killing robot monsters or benevolent AIs that rule the planet with a fair and even hand.

  30. GPLv2 conflicts with Apple App store by AliasMarlowe · · Score: 4, Informative

    v2 is compatible with the terms of the Apple App Store and pretty much any other app store out there.

    Not according to the FSF.
    The Apple App Store conditions are inimical to terms in GPLv2, which states explicitly: "You may not impose any further restrictions on the recipients' exercise of the rights granted herein." The Apple App Store explicitly sets such a restriction: "The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party." and requires that you accept this as a condition of using the App Store. It also lists various GPLv2-violating restrictions in its Usage Rules, such as limiting use of a product to five Apple-authorized devices.
    http://www.fsf.org/news/blogs/licensing/more-about-the-app-store-gpl-enforcement

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    1. Re:GPLv2 conflicts with Apple App store by lethe1001 · · Score: 3, Informative

      The App Store TOS have changed many times since the FSF posted that, and that particular sentence no longer appears. So what is now the basis for VLC's actions? You can see the current TOS at http://www.apple.com/legal/itunes/us/terms.html#SERVICE It does contain clauses about "you may only use this app on a device you own" etc, which would appear to be against GPL. But it also says the App Store license only applies if the app doesn't have its own EULA. Seems to me (though IANAL) that in the case of a GPL app, that would be the EULA, and would hold instead of Apple's terms. Seems to me that VLC's actions were more about publicity and general offense about Apple's DRM than any actual claims that the GPL was violated. Though surely if they'd used GPL3 then they'd have a basis for such a claim.

    2. Re:GPLv2 conflicts with Apple App store by Bigjeff5 · · Score: 1

      The DRM itself is a problem. It restricts the usage rights granted by the GPL by limiting where and how you can use the software. Therefore, it violates the GPL.

      VLC wants to publish their app via the App Store with no DRM. It may be possible for them to work around the issue, but they are making a principled stand, and good on them.

      GPL being a EULA or not has no bearing on the issue. Apple's license policies really have no bearing on the issue either. The fact is, Apple is going to DRM VLC if it is in the App Store, and that violates the GPL (that's the "further restrictions" part). Period.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:GPLv2 conflicts with Apple App store by lethe1001 · · Score: 1

      Certainly the use of DRM violated GPLv3. Does it also violate GPLv2? Which clause?

    4. Re:GPLv2 conflicts with Apple App store by Anonymous Coward · · Score: 0

      The GPL isn't a EULA - it defines the conditions under which the software may be copied. The FSF stance is that the *use* of software doesn't intrinsically require any license, because "loading into memory" and such isn't really what copyright law is intended to cover. IANAL either, but I think GPL software generally does not have a EULA.

      I'm the maintainer of a couple of GPL apps that I have considered porting to iOS, and I've looked into this pretty closely. AFAICT, the App Store terms are not compatible with any version of the GPL. For GPLv2, it is arguably possible for the developer to comply with the GPL by finding a way to point users to the developer's web site where the exact source code is available. This violates the App Store terms, but so far Apple hasn't done anything about it for several programs. For GPLv3, it is clearly impossible to comply with the DRM terms without the active support of Apple, which Apple certainly will not provide.

  31. What a crock! by cshotton · · Score: 1

    The developer is at fault, not Apple. Apple is not party to the GPL terms just because a developer with a political agenda chooses to upload an application to the App Store. The developer is at fault for choosing a distribution medium for his software that is incompatible with GPL terms. It's not any more complicated than that.

    --

    Shut up and eat your vegetables!!!
    1. Re:What a crock! by Dr_Barnowl · · Score: 1

      Yup, agreed that the developer is at fault.

      The developer in question is not the VLC team but a third-party company (Applidium) who have presumably chosen to upload VLC to the app store, partly for the kudos, partly for the click-through to their paid applications.

      They are not even complying with the terms themselves by offering their sources (which presumably include iOS specific tweaks), they are linking back to the official VideoLAN git repository.

      So please don't accuse the VideoLAN team of instigating this.

    2. Re:What a crock! by Bigjeff5 · · Score: 1

      Then why did Apple choose to distribute it anyway?

      It's the distributor who is responsible for not violating copyright law. The developer was well within their rights to give the software to Apple for distribution, and Apple had all the rights necessary to legally distribute the software.

      Instead they chose to distribute the software in a way that violates the terms of their license to distribute.

      How is Apple not at fault?

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:What a crock! by aristotle-dude · · Score: 1

      Then why did Apple choose to distribute it anyway?

      It's the distributor who is responsible for not violating copyright law. The developer was well within their rights to give the software to Apple for distribution, and Apple had all the rights necessary to legally distribute the software.

      Instead they chose to distribute the software in a way that violates the terms of their license to distribute.

      How is Apple not at fault?

      How is Apple at fault when they are not a party to the license. the GPL is a license for the code, not the binary. If Apple was bound by the GPL then wouldn't the end user be bound as well? Yet they are not because it is the developer who receives the code and compiles the binary so they are bound by the GPL, not Apple or any other reseller. The developer is selling the software and Apple is the hosting service which handles traffic and payments, if applicable.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    4. Re:What a crock! by Anonymous Coward · · Score: 0

      How is Apple at fault when they are not a party to the license. the GPL is a license for the code, not the binary.

      Read it again. It's a license for distribution of code AND binaries.

      If Apple was bound by the GPL then wouldn't the end user be bound as well?

      If he/she is distributing the software, yes.

  32. Re:Why shouldn't Apple remove apps by owner reques by Anonymous Coward · · Score: 0

    If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success.

    But they force all app store content to be DRMed, which is the root for FSF current trouble.

    If Apple was anti-DRM indeed, they would allow distribution of non-DRMed application through the appstore.

  33. iOS stands for Individual Operating System by tepples · · Score: 1

    When the iMac came out, it was explained as "individual Macintosh" as opposed to the "Power Macintosh" professional products. So Apple iOS might be understood to stand for "Individual Operating System".

    1. Re:iOS stands for Individual Operating System by Bigjeff5 · · Score: 1

      Internetwork Operating System (Cisco's actual trademarked name for IOS) is so much better.

      Actually IOS really is slick - by far the easiest command line I've ever used (though I certainly haven't used them all).

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  34. Who is really to blame here? by sateh · · Score: 5, Insightful

    There are a bunch of things wrong with this slashdot article and also with how the original VLC developers are handling this. It is easy to blame Apple for everything, but consider this:

    * There are three parties here: The VLC Team that wrote the VLC code. The commercial iPhone developer Applidium, who turned VLC into an iPhone App. Apple, who is making the application available.

    * Applidium submitted the application to the App Store. Apple approved the app. The VLC Team is sending a copyright infringement to Apple.

    * VLC is licensed under the GPL2. If the GPL2 license is incompatible with the App Store then why have the developers of VLC for the iPhone (Applidium) submitted the app? They should never have done that in the first place. They are the ones to blame for uploading software that cannot exist on the App Store under its current terms.

    * The application is currently on the store, which means Apple has approved it. So obviously from Apple's perspective there is no problem here.

    * Apple has actually changed the rules to accomodate for GPL2 licensed software after the GNU Go debacle: if a proper license is already attached to the application then Apple does not enforce its own default EULA for apps. This change was made in June. A month after the GNU Go thing happened.

    * Apple kicked out GNU Go because the FSF requested them to do that. People keep screaming that Apple removes all GPL software, but this is simply because people are telling Apple to do that. What else do you expect them to do?

    * It is probably fair to assume that Apple will remove the software after the copyright infringement claims made by the VLC team. But this really has NOTHING to do with the GPL. This is simply how Apple reacts to these kind of allegations. They remove the software and let both parties know so that the parties (in this case VLC Team vs Applidium) can work out a deal or whatever.

    Diplomacy has never been a strong point of the VLC team and because of this in the end will lose:

    * End users will not be able to use VLC on their iPhones and iPads.
    * Applidium just wasted a huge amount of time on this project.
    * The VLC team will not have an opportunity to start a dialog with Apple to maybe relax the rules.
    * Apple will lose an interesting app on their store.

    Yay for GNU GPL zealots.

    1. Re:Who is really to blame here? by harlows_monkeys · · Score: 4, Informative

      The VLC Team is sending a copyright infringement to Apple

      Not quite. One VLC developer sent a copyright infringement notice. It is not the VLC team doing it. In fact, when that developer wrote about it on his planet VLC blog, his blog was temporarily removed from planet VLC because the VLC team was concerned it might look like they were complaining to Apple, rather than it being one developer who had a problem with Apple. (I believe his blog has been restored, and the particular entry has a disclaimed on it making it clear that it is a person action of the developer, not an action of the whole team).

      On their mailing list, a couple other developers agree with the first developer. and some other developers disagree because Apple changed its terms after the GNU Go incident and they think the new terms remove the conflict with GPL.

    2. Re:Who is really to blame here? by Anonymous Coward · · Score: 0

      * VLC is licensed under the GPL2. If the GPL2 license is incompatible with the App Store then why have the developers of VLC for the iPhone (Applidium) submitted the app? They should never have done that in the first place. They are the ones to blame for uploading software that cannot exist on the App Store under its current terms.

      If Applidium provided Apple with the source code, then they have abided by the GPL. They should have known that this was going to happen, but they haven't actually broken the law. Apple, however, are distributing VLC without making available the source code, so they are in violation.

    3. Re:Who is really to blame here? by Wovel · · Score: 1

      Indeed several developers on the VLC team do not see the issue at all. Many will ultimately stop developing on GPL licensed apps because they are not compatible with life in 2010. Ironically the FSF will kill free software development.

    4. Re:Who is really to blame here? by aristotle-dude · · Score: 1

      Indeed several developers on the VLC team do not see the issue at all. Many will ultimately stop developing on GPL licensed apps because they are not compatible with life in 2010. Ironically the FSF will kill free software development.

      The free software movement may die but the OPEN SOURCE SOFTWARE movement will continue with other licenses like the MIT license, Apache license and BSD license.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    5. Re:Who is really to blame here? by stewski · · Score: 1

      Your post on this is entirely idiotic.

      Of course Apple had no idea that they were distributing an App (regardless of which 3rd party submitted it) which contravened the applications original licence GPLv2?

      Yet they did/can decide if any App has been developed to use interpreted code? http://www.pcpro.co.uk/news/357121/apple-bans-flash-from-iphone-and-ipad

      They can manage to filter (censor) this award winning political cartoonist, until the world calls their bluff! http://www.wired.com/epicenter/2010/04/apple-bans-satire/ how many less connected voices are also quietly sidelined?

      And of course they can prevent Apps with explicit content. http://techcrunch.com/2010/02/18/did-apple-just-ban-sexual-content-from-the-app-store/

      Still the approval process could never have known this was an issue.

      The final piece of idiocy in the post is to blame gpl zealots for the fact that a free (in many more ways than you seem to understand) media player won't stay on iOS. One for that matter that enables users to sidestep the frankly idiotic patent/license/drm/locked in nonsense around video, that Apple (and several other corporate interest groups) uses for self serving, anti competitive practices. Not to mention their practices simply disadvantages users. Open formats are better for end users - end of, some things are infrastructure even in capitalism, language for example, why we should even allow formats for video etc to be tied up in IP hell I really don't know.

      Frankly VLC doesn't have a proprietary, Apple approved equivalent for a simple reason - such organisations/developers have no interest in empowering you, it is the GPL zealots you complain about that take the risks to challenge these practices.

      Still what do I know, why not watch your media on Apples quality media player software, while you're at it, manage your media using the excellent iTunes. I know when I want to move my data from one device I OWN, to another that I OWN, I like to actually "think different"!

    6. Re:Who is really to blame here? by TheSync · · Score: 1

      If the GPL2 license is incompatible with the App Store then why have the developers

      Indeed, someone need to please quote the part of the GPLv2.0 that the App Store infringes on. It would have to come from part 3, because that is the only part of the GPLv2.0 that deals with executable code, which is what the App Store deals with.

  35. DRM is not the (only) issue as far as I can see by asdf7890 · · Score: 1

    DRM is not the (only) issue as far as I can see. IIRC VLC is under GPLv2 which does not have the explicit anti-DRM (tivoisation) clause that v3 of the GPL has. While it can be said that GPLv2 *did* have such an intention, there is no explicit wording in there strong enough to stand up to legal attack.

    The problem I see (and AINAL, nor have I read the GPL in any detail for some years, so research this before taking my thoughts as meaningful) is that the GPL forbids removing rights granted by the GPL. This means that once someone agrees to distribute stuff under the terms of the GPL they can not be blocked from doing so in future - the problem here is Apple's kill switch. To comply with the GPL AppStore would have to make an exception to their own rules such that GPL licensed code is never subject to the kill switch, and as Apple are unlikely to make any such exception AppStore is, and is likely to remain, incompatible with software distributed only under the terms of the GPL. Multi-licensed code for which the GPL is one of the available options should be fine though, if at least one of the available licenses is not incompatible with AppStore's rules.

    1. Re:DRM is not the (only) issue as far as I can see by aristotle-dude · · Score: 1

      A license cannot have an intention if it is not spelled out in the wording of the document. It is not a person but a thing.

      There is nothing wrong with DRM. You are allowed to sell GPL'ed software and as long as you provide the source code for download, I don't see a problem. DRM is just a means of verifying that you purchased the software. If you want it for free, get the dev tools, download the source and compile it yourself.

      When you buy GPL'ed software, you are paying for the convenience of having ready to go software in binary form with all of the extra graphics resources which might or might not be part of the source tree. INAL but graphics are not source code and therefore cannot be covered by the GPL as far as I understand it and so cannot be considered "virally" infected with the GPL.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:DRM is not the (only) issue as far as I can see by kenshin33 · · Score: 1

      are u really sure ??? I mean reeeeeaaally sure about that?

  36. Re:Why shouldn't Apple remove apps by owner reques by Moridineas · · Score: 1

    So I take it you're not going to vote any more ...

    I vote because I get some personal enjoyment out of it, but really, when has an individual vote ever mattered? Almost never. You could vote your entire life or never vote your entire life and chances are, nothing would be the slightest bit different.

    A friend once cited a study or some such to me that showed you were more likely to be hit by a car on the way to your polling place than to have your vote make a difference.

  37. Extremely counterproductive by Anonymous Coward · · Score: 0

    Why did these guys upload VLC to the app store, knowing the conditions for doing so, only to complain when Apple put the same restrictions on it that they do with every other app?

    As much as I hate Apple's controlfreak nature.. I like my iPhone. I would like to be able to run VLC on it. This is.. counterproductive, because all Apple will do is remove the software from the store if it can't be distributed on their terms. Apple doesn't care about it's developers or customers in this regard.

  38. Re:Why shouldn't Apple remove apps by owner reques by mounthood · · Score: 3, Insightful

    If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success.

    Support the abusers because they're the only ones who've shown any restraint in their abuse. You're either trolling or suffering from Stockholm syndrome.

    --
    tomorrow who's gonna fuss
  39. Re:Why shouldn't Apple remove apps by owner reques by tomhudson · · Score: 1

    So I take it you're not going to vote any more ...

    I vote because I get some personal enjoyment out of it, but really, when has an individual vote ever mattered? Almost never. You could vote your entire life or never vote your entire life and chances are, nothing would be the slightest bit different.

    A friend once cited a study or some such to me that showed you were more likely to be hit by a car on the way to your polling place than to have your vote make a difference.

    Depends on the recount laws. Here, for example, any time the vote is within 100 votes, there's an automatic recount, so each one of those 100 votes can make a difference. Based on that alone, I think your friend's analysis is slightly flawed - and I bet you still look before crossing a street :-)

    -- Barbie

  40. Re:Why shouldn't Apple remove apps by owner reques by laci · · Score: 1

    > Isn't the definition of insanity repeating the same action and expecting different results?

    Why would it be insanity? They are aware of the fact, do not expect different results, saddened by it, but that does not alter the fact that they, the authors have a say how their work can be distributed.

    > If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success. You need to keep things like VLC alive in the app store, so that users will be more tempted to use non-DRM downloads and consume them on modern computing devices.
    > But instead, the FSF is playing into the hands of the media companies by keeping things like VLC player out of the mainstream and attacking the only company with the same goals of ending DRM.

    I beg to disagree. Apple has worked to end DRM when it is not *their* DRM and when it harms their business. They protect their own DRM as much as they can. In fact, in this very case the app store's distribution/license rules are the restriction and not what the app may play. Also, I don't see the logic in why would VLC in the app store tempt users to use non-DRM downloads. Non-DRM downloads play on anything (provided the codec is supported).

    > Nice work FSF,

    Indeed. I like it when they force companies to abide by the license terms.

    > this is seriously making me re-think my yearly donation...

    That is your decision.

  41. The summary is wrong. by aristotle-dude · · Score: 1

    The license they chose (GPL version 3) does not give Apple the ability to distribute this software. Had they chosen to stay with GPL Version 2, there would be no problem. If the actual authors of all the code wanted, they could agree to dual license it for distribution on the iOS platform. It is their own damn fault, not Apple's. The person submitting the application new better but deliberately chose to create controversy.

    If all of the contributors agreed, there would be no problem as the GPL does not supersede copyright. It cannot extinguish the copyright of each contributor to the code base. They could simply relicense the iOS code branch under a different license.

    As an end user, I am so pissed at this grandstanding and attempt to entrap that I want to know where I can sign up to sue not only these VLC asswipes but RMS and the GNU for creating such a discriminatory, viral and counter productive license. It does not further the idea of sharing and collaboration. It is an idealogical document.

    Honestly, why should they give a frak if software is distributed in a plain zip file, gzip, encrypted zip, rar, dmg, encrypted DMG or DRM'ed iOS package. It does not matter to the end user and you are allowed to sell GPL'ed software. Dictating how software is package should NOT be a part of the GPL. It is discriminator towards certain platforms and completely counter productive.

    Perhaps RMS and his co-horts should try leaving academia and actually "WORKING" for a living in a company that exists to earn a "PROFIT".

    Let us not forget that the GPL is a license for the CODE and not the binary. It is not an END USER AGREEMENT. What other licenses other than the COMMIE GNU ones dictate how a binary is compiled and packaged? Do other licenses forbid RPM packages or mention anything about the binary? No.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:The summary is wrong. by harlows_monkeys · · Score: 1

      The license they chose (GPL version 3) does not give Apple the ability to distribute this software. Had they chosen to stay with GPL Version 2, there would be no problem.

      VLC is under GPLv2, not GPLv3.

    2. Re:The summary is wrong. by aristotle-dude · · Score: 1

      The license they chose (GPL version 3) does not give Apple the ability to distribute this software. Had they chosen to stay with GPL Version 2, there would be no problem.

      VLC is under GPLv2, not GPLv3.

      Then there is no problem since the GPL v2 is silent on the issue of DRM. If it is not in the document/agreement then such imaginary terms cannot be enforced after the fact. If they want such terms then they should license under GPL V3 but be prepared to see contributions drop off sharply.

      The GPL v2 does NOT prohibit the use of DRM therefore the VLC people can either relicense under GPL v3 or shut the hell up.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    3. Re:The summary is wrong. by harlows_monkeys · · Score: 1

      The issue isn't DRM, though. The issue is the Apple terms of service that the end user has to agree to in order to be allowed to use the store. It contained, as of last May, terms incompatible with the GPL (any version). (The terms were changed in June, and appear to no longer contain the incompatible terms).

    4. Re:The summary is wrong. by aristotle-dude · · Score: 1

      The issue isn't DRM, though. The issue is the Apple terms of service that the end user has to agree to in order to be allowed to use the store. It contained, as of last May, terms incompatible with the GPL (any version). (The terms were changed in June, and appear to no longer contain the incompatible terms).

      Does not matter either the GPL cannot dictate terms of sale in a brick and mortar store so why would it be the case of the app store? The GPL applies only to the developer that packages up/compiles the code into executable form.

      Nobody actually needs VLC. If they really want to be assholes then they can stop distributing their software all together. I'm sure someone can develop an alternative to VLC to fill the void.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    5. Re:The summary is wrong. by kenshin33 · · Score: 1


      Again are u really sure sure about that ????

    6. Re:The summary is wrong. by kenshin33 · · Score: 1

      "The GPL applies only to the developer that packages up/compiles the code into executable form."
      have you read the damn license???? If you re-distribute something that has been licensed to you under the terms of the said license, you have the obligation to uphold the terms of the said license. it has nothing to do with developers per say. the keyword here is DISTRIBUTION. And it applies to whole package (SOURCE CODE BINARY GRAPHICS DOCS ... etc).

    7. Re:The summary is wrong. by aristotle-dude · · Score: 1

      "The GPL applies only to the developer that packages up/compiles the code into executable form."

      have you read the damn license????
      If you re-distribute something that has been licensed to you under the terms of the said license, you have the obligation to uphold the terms of the said license. it has nothing to do with developers per say. the keyword here is DISTRIBUTION.
      And it applies to whole package (SOURCE CODE BINARY GRAPHICS DOCS ... etc).

      Sorry but how does a license apply to anyone who receives the binary when the license covers the source code and what you can do with it? Apple does not receive the code but rather the binary. When you download a binary from a website, you are not bound by the GPL as the end user either unless if you download and modify the source code which is under the GPL.

      The GPL only applies to the creator of the binary who is offering it up for free or sale.

      After, I receive the binary, I can do anything I want with it like copy it onto a CD and put it in a cereal box. The GPL is a "source" license, not an EULA or sales license.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    8. Re:The summary is wrong. by kenshin33 · · Score: 1

      After, I receive the binary, I can do anything I want with it like copy it onto a CD and put it in a cereal box. The GPL is a "source" license, not an EULA or sales license.

      Really? try it and see what happens..
      The GPL is a license.(PERIOD)
      if person A distributes anything (for money for free doesn't matter) they are giving away a set of right/restrictions with it (What one might call a license) because there is such a thing called COPYRIGHT. One can give it away and every right that comes with it freely without any restriction at all .. that we call Public Domain.
      Or as it happens with the GPL, anyone distributing (by means of COPYING which can't happen in a brick and mortar store --at least if the store is not producing the cd/dvd theme selves) a SOFTWARE that was LICENSED to them (not given) under the terms of that same license to give (in exchange of money or not) -among other things- the source code, or at least a mean to obtain it (like a web site or something).

      0. This License applies to any PROGRAM or OTHER WORK which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

      the above is rule number 0, it defines the scope of the license where does it say this applies only to a source code????
      you can enjoy the reading on : http://www.gnu.org/licenses/gpl-2.0.html#SEC2
      Ah, also ... anything in the GPL is triggered there is distribution to anyone else besides the YOU in the license text. I one makes modifications to any Software licensed under GPL and keeps them for one's self the GPL doesn't restrict you in any way.

  42. Apple will just delete it by codepunk · · Score: 1

    Apple will just delete it and rightfully so, if apple wishes to run a closed shop that is their business. I have a iPhone and happen to love it, I have a developers license which allows me to install and run just about anything I want. I really do not loose sleep over the fact that apple controls their app distribution channel. In fact if I want this media player on my phone I will just compile and install it nothing at all stopping me from doing it.

    --


    Got Code?
  43. Apple is indeed shooting itself in the foot. by jbn-o · · Score: 2, Interesting

    Actually it's the distributor's rules that are depriving users of useful programs and it's Apple that is committing copyright infringement. If they want to create monopolistic app stores, it's not a copyright holder's job to cave into their desire. The user can be taught about this issue, news stories like these and user experiences losing apps (Apple has the controls to remove/add apps as per their will) create learning opportunities. Just like Amazon's example with the Swindle did.

    1. Re:Apple is indeed shooting itself in the foot. by coolgeek · · Score: 2, Funny

      You think the lack of VLC and all the GPL software in the universe is going to keep Apple from overtaking Exxon and being the company with the largest market cap in the world?

      --

      cat /dev/null >sig
    2. Re:Apple is indeed shooting itself in the foot. by Anonymous Coward · · Score: 0

      Apple's rules aren't depriving people of anything. GPL software can be in the app store and the source can still be freely available. Anyone who wants to get a development license can still hack/recompile and install their own version of GPL'd software. The FSF is just being extremist with their all or nothing religious war. They're not helping anyone.

    3. Re:Apple is indeed shooting itself in the foot. by jbn-o · · Score: 5, Insightful

      Getting a developer's license has nothing to do with this; Apple is distributing a binary of a ported VLC in contravention of VLC's license. Apple's App Store rules are the heart of the issue: Apple's App Store rules prohibit them from complying with the GNU GPL which disallows adding restrictions to its (now longstanding) terms. Apple controls which apps enter and leave their App Store; they had as much time as they wanted to review license compliance and they apparently chose copyright infringement. Part of what makes this so bad is that they chose to infringe against people who are treating users so nicely: the GPL gives everyone (even Apple) all the license they need to distribute programs, even commercially.

      Apple is most certainly responsible for infringingly distributing VLC. Much as you want to call the FSF names (your hyperbole suggests this is for reasons you can't justify), the FSF almost doesn't enter into the situation here except for being the author of the license VLC programmers chose to license VLC under. VLC programmer Rémi Denis-Courmont is simply defending his chosen license against an organization that would impose new restrictions on users of that variant of VLC.

      So, if Apple chooses to remove VLC from their App Store as they removed GNU Go in May under what Denis-Courmont calls "strikingly similar circumstances", Apple will be making it that much less convenient for most iOS users to get and use VLC. Perhaps you should visit the FSF article linked to in the top of this /. thread which includes:

      The GPL gives Apple permission to distribute this software through the App Store. All they would have to do is follow the license's conditions to help keep the software free. Instead, Apple has decided that they prefer to impose Digital Restrictions Management (DRM) and proprietary legal terms on all programs in the App Store, and they'd rather kick out GPLed software than change their own rules. Their obstinance prevents you from having this great software on Apple devices--not the GPL or the people enforcing it.

      To take this the way you want to read it, it's almost as if you don't believe copyright holders should be able to choose their own license and legally defend their choice. We should all just bend to Apple's will and let them proprietarize or include DRM in the distribution of anything we make. Apparently there are GPLed program hackers who don't agree with that.

    4. Re:Apple is indeed shooting itself in the foot. by tyrione · · Score: 1

      Getting a developer's license has nothing to do with this; Apple is distributing a binary of a ported VLC in contravention of VLC's license. Apple's App Store rules are the heart of the issue: Apple's App Store rules prohibit them from complying with the GNU GPL which disallows adding restrictions to its (now longstanding) terms. Apple controls which apps enter and leave their App Store; they had as much time as they wanted to review license compliance and they apparently chose copyright infringement. Part of what makes this so bad is that they chose to infringe against people who are treating users so nicely: the GPL gives everyone (even Apple) all the license they need to distribute programs, even commercially.

      Apple is most certainly responsible for infringingly distributing VLC. Much as you want to call the FSF names (your hyperbole suggests this is for reasons you can't justify), the FSF almost doesn't enter into the situation here except for being the author of the license VLC programmers chose to license VLC under. VLC programmer Rémi Denis-Courmont is simply defending his chosen license against an organization that would impose new restrictions on users of that variant of VLC.

      So, if Apple chooses to remove VLC from their App Store as they removed GNU Go in May under what Denis-Courmont calls "strikingly similar circumstances", Apple will be making it that much less convenient for most iOS users to get and use VLC. Perhaps you should visit the FSF article linked to in the top of this /. thread which includes:

      The GPL gives Apple permission to distribute this software through the App Store. All they would have to do is follow the license's conditions to help keep the software free. Instead, Apple has decided that they prefer to impose Digital Restrictions Management (DRM) and proprietary legal terms on all programs in the App Store, and they'd rather kick out GPLed software than change their own rules. Their obstinance prevents you from having this great software on Apple devices--not the GPL or the people enforcing it.

      To take this the way you want to read it, it's almost as if you don't believe copyright holders should be able to choose their own license and legally defend their choice. We should all just bend to Apple's will and let them proprietarize or include DRM in the distribution of anything we make. Apparently there are GPLed program hackers who don't agree with that.

      Apple isn't shipping squat. They are providing a mechanism for the Developer to Upload their solution to Apple's centrally distributed repository. It's on the Developer shoulders to take responsibility for their choices.

    5. Re:Apple is indeed shooting itself in the foot. by westlake · · Score: 1, Troll

      The user can be taught about this issue, news stories like these and user experiences losing apps

      Stories like these have the life span of a fruit fly --- and are usually buried three or four levels deep on Google News, as a post from some obscure blog or a press release from the FSF.

      They capture the geek's attention, but the masses pass them by ---

      and this weekend they are all out enjoying the fall color or debating the elections while on their way to the football game or the Halloween party.

    6. Re:Apple is indeed shooting itself in the foot. by gnasher719 · · Score: 1

      Actually it's the distributor's rules that are depriving users of useful programs and it's Apple that is committing copyright infringement.

      What a nonsense. Apple has a store that allows you to sell software or distribute it for free. When you ask Apple to be able to use their store for selling or giving away your software, somewhere in your contract there is a clause where you have to state that you are the copyright holder or have the copyright holders permission. Someone built a version of VLC that works on an iPad, and claimed that they had the copyright holders permission to give it away through the appstore (probably under the assumption that the GPL allows this). Someone else then told Apple that they held part of the copyrights in VLC, and the software was given away _without_ their permission, because of the way the app store works. In other words, Apple received one of those hated DMCA notices.

      And Apple then quite rightfully stops distributing the software, exactly in order _not_ to commit copyright infringement!

      Whether that VLC version can be distributed or not is a copright question, which needs to be sorted between that one copyright holder and the developers of the iPad version of the app. Nothing to do with Apple at all.

      Assuming that the developers of the iPad version make their source code freely available, it is clear that Apple doesn't stop any iPhone / iPad user from gettting a free copy of the program, they stop nobody from getting the source code, they stop nobody from modifying the source code to create a better or different version, or to port it to other devices. In the end, the one depriving users of useful programs is the copyright holder who says "no, I don't allow you to distribute this program".

    7. Re:Apple is indeed shooting itself in the foot. by am+2k · · Score: 1

      Apple isn't shipping squat. They are providing a mechanism for the Developer to Upload their solution to Apple's centrally distributed repository. It's on the Developer shoulders to take responsibility for their choices.

      Actually, no. They let developers offer them (Apple, not the users) applications, so they can review them and if they want, put them into their store and sell them, giving the developer a share of the profit. Apple is acting as a reseller here, so they are the ones infringing. Another hint to this is that developers don't see who bought their applications, they just get the money from Apple.

      As a contrast, PayPal doesn't act as a reseller. You get money for every single transaction, and have to keep the books about every single one. This is a much higher overhead for developers to handle.

    8. Re:Apple is indeed shooting itself in the foot. by DougBTX · · Score: 1

      Apple is most certainly responsible for infringingly distributing VLC.

      Well, that's missing the point. The person who uploaded the binary gave Apple a signed statement that Apple could distribute it. It isn't Apple's job to read other people's license agreements. They brought their own, and someone from VLC signed it.

    9. Re:Apple is indeed shooting itself in the foot. by mr100percent · · Score: 1

      If an app displayed its source code as part of some scrolling text field within the app, would it then be in compliance with the GPL?

    10. Re:Apple is indeed shooting itself in the foot. by SteeldrivingJon · · Score: 0, Flamebait

      " Apple is acting as a reseller here, so they are the ones infringing."

      No, they aren't.

      Apple requires that submitted apps be compatible with App Store distribution, including DRM.

      The submitter of the app misrepresented it as being compatible with Apple's distribution scheme, including DRM.

      Thus, Apple can not be held responsible.

      Freetards are being idiots, as usual.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    11. Re:Apple is indeed shooting itself in the foot. by Super_Z · · Score: 1

      Getting a developer's license has nothing to do with this; Apple is distributing a binary of a ported VLC in contravention of VLC's license. Apple's App Store rules are the heart of the issue: Apple's App Store rules prohibit them from complying with the GNU GPL which disallows adding restrictions to its (now longstanding) terms

      According to this discussion, Apple has actually changed their rules in order to allow GPL like licences:

      "You agree that the terms of the Licensed Application End User License Agreement will apply to each Apple Product and to each Third-Party Product that you license through the App Store Service, unless the App Store Product is covered by a valid end user license agreement entered into between you and the licensor of the App Store Product (the “Licensor”), in which case the Licensor’s end user license agreement will apply to that App Store Product."

    12. Re:Apple is indeed shooting itself in the foot. by Risen888 · · Score: 1

      (IANTheOriginalPoster)

      I think it'll be a hit, and yes, I think it'll be bigger than you seem to think. VLC especially is very widely used. Many, many of my non-geek friends use it instead of the crippleware that MSFT and Apple ship, because it works flawlessly all the time for whatever you throw at it. I'd imagine (no data to back it up, but shooting from the hip) that Firefox, OOo, and VLC are the three most widely recognized free software applications out there, and of those three, VLC has the highest reputation for quality, ease of use, and reliability.

      People (not just geeks, but a bunch of people) know the road cone means quality. If word starts getting around that people can't install it on their iTrash, I'll bet you a lot of people look elsewhere for their hardware. Not all, not even the majority, but a non-trivial percentage.

      --
      Hey, I finally got my first freak! Took you long enough!
    13. Re:Apple is indeed shooting itself in the foot. by mr_lizard13 · · Score: 1

      The submitter of the app misrepresented it as being compatible with Apple's distribution scheme, including DRM.

      And Apple misrepresented that submission as being compliant with Apple's distribution scheme, and in doing so accepted into their store a GPL-licenced product and added their own DRM, and failed to pass on copies of the GPL licence to people who downloaded the software.

      Both the app submitter and Apple are in the wrong here. The submitter of the app should have known better, he/she would have known that Apple were going to infect the software with DRM.

      And Apple should have rejected the app on the grounds that they were unable to adhere to the terms of the GPL licence.

      Silly freetards, the pair of them.

      --
      "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
    14. Re:Apple is indeed shooting itself in the foot. by jbn-o · · Score: 2, Insightful

      Those who submitted VLC to Apple are not in compliance with the license but Apple is also a distributor, so they are both infringing. But Apple is the focus of this /. thread, so I focus on Apple here.

      The Apple App Store is not some organization where Apple can't determine what submitters have submitted and Apple somehow has no choice but to distribute everything that comes their way. Apple has no excuse like, say, a phone company selling service to a home where the phone company can't tell ahead of time if the home users will use the phone service in some manner that aides copyright infringement. Apple has rules for determining which programs are on their App Store and, as objectionable as those rules are, they retain full power to decide what's in and out. Therefore Apple has ample opportunity to dig into licensing detail and discuss submissions with submitters.

      Furthermore, and more to your point about fraud, Apple's agreement with its upstream (those that submitted VLC to the Apple App Store) does not affect the copyright license under which VLC and its derivatives are distributed. Apple has to comply with that license, in this case the GNU GPL.

      The GPL doesn't distinguish between distributors (GPLv2)/conveyors (GPLv3) allowing some to comply but not others (that would be an easily-exploited hole whereby GPLed free software would quickly become proprietary). All distributors/conveyors have the same obligations to add no restrictions to the license. Apple did not do that, therefore Apple is infringing just as Apple infringed the GPL when they distributed GNU Go.

      The difference here is in how the copyright holders chose to react: the FSF, as per usual, sought license compliance when they were defending their license with GNU Go ("We have not sued Apple, nor have we sent them any legal demand that they remove the programs from the App Store." -- Brett Smith, FSF License Compliance Engineer). The FSF wanted Apple to change the terms of their App Store rules so they could simultaneously comply with the GPL and their own rules. Apple declined and stopped distributing GNU Go. Rémi Denis-Courmont took a different approach by sending "a formal notification of copyright infringement" to Apple as is Denis-Courmont's right.

    15. Re:Apple is indeed shooting itself in the foot. by jbn-o · · Score: 1

      Only if you let them. We can and should talk about this as often as we can to educate others on the reality of Apple's apparent proclivity to ignore copyright law and behave in violation of a license, and the obtuse control DRM places on users regardless of who wields the DRM power. DRM stories keep coming up as proprietors and publishers seek more control over the user and the users realize (sometimes too late to avoid the pain and inconvenience) that DRM is always a bad idea.

    16. Re:Apple is indeed shooting itself in the foot. by SteeldrivingJon · · Score: 0

      ". Apple has to comply with that license, in this case the GNU GPL."

      No, they don't. Because they didn't agree to it. The app submitter agreed to it.

      Apple needs to take the app down, but they aren't required to take any positive actions to fulfill the submitter's license obligations, such as make the source code available, or remove DRM from the app.

      On the other hand, I don't particularly like the idea that an app I submit to the App Store could be subject to a unilateral veto by someone else spuriously claiming my app violates the GPL and they wrote some code in it.

      People need to stop submitting GPL software to the app store, thinking they're going to force Apple to do something that isn't part of the deal you agree to when you submit an app.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    17. Re:Apple is indeed shooting itself in the foot. by SteeldrivingJon · · Score: 1, Flamebait

      "And Apple misrepresented that submission as being compliant with Apple's distribution scheme"

      Uh, no. They took the submitter's word for it. Get a clue.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    18. Re:Apple is indeed shooting itself in the foot. by Thing+1 · · Score: 1

      VLC does not work with Iron Man 2 DVD. I just rented it, and fuck if I had to watch it on the Xbox (not 360, the old-school, as the 360 needs repair, AGAIN).

      --
      I feel fantastic, and I'm still alive.
    19. Re:Apple is indeed shooting itself in the foot. by mr_lizard13 · · Score: 1

      Clearly. But they shouldn't have done.

      They have a review process. They should use it properly.

      It's Apple's app store. They are the ones selling the wares. It's up to them to make sure they adhere to the appropriate laws.

      Crying "But the developer tricked me!" just doesn't cut it.

      --
      "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
    20. Re:Apple is indeed shooting itself in the foot. by jbn-o · · Score: 1

      "You agree that the terms of the Licensed Application End User License Agreement will apply to each Apple Product and to each Third-Party Product that you license through the App Store Service, unless the App Store Product is covered by a valid end user license agreement entered into between you and the licensor of the App Store Product (the “Licensor”), in which case the Licensor’s end user license agreement will apply to that App Store Product."

      That language does not say "the Licensor’s end user license agreement" applies exclusively rendering the Apple Terms and Conditions inapplicable. I read that language to say Apple acknowledges what they can't avoid: some programs come with terms that must also be complied with in addition to Apple's terms for distributing via the Apple App Store. If Apple is trying to specify exclusivity they should be more clear. It won't help them dodge license requirements of the GPL (Apple doesn't have the power to supersede copyright law), but submitters should understand what they're getting into when they deal with Apple.

      Also, the poster at the top of the discussion link you pointed to should understand that the no-additional-restrictions clause of the GPL, which is what the FSF is talking about, appears in all versions of the GPL: sections 6 of both GPLv1 and GPLv2, and section 7 of GPLv3, so with regard to this issue it doesn't matter which version of the GNU GPL is involved. And all licensing is "a political statement"; the context in which the poster says that comes off as if being political is somehow a bad thing when, in fact, being political lead to the GPL and the movement that works for software freedom.

      Not being an Apple App Store user, I have no idea if Apple is also distributing the complete corresponding source code for that port of the VLC. Does Apple do this?

      If Denis-Courmont takes this to court and sees it through we'll all get to learn a little more about this case. Settling issues like this is what courts are for.

    21. Re:Apple is indeed shooting itself in the foot. by jbn-o · · Score: 2, Insightful

      No, they don't. Because they didn't agree to it [the GNU GPL]. The app submitter agreed to it.

      The GPL specifies conditions under which one may distribute/convey the covered work. The alternative to these conditions is the default of copyright law: you may not distribute the work at all. Therefore if one fails to comply with the terms of the (relevant version of the) GPL, one loses permission to distribute/convey the GPLd program. But don't take my word for it, read what Eben Moglen, copyright lawyer, longtime GPL enforcer, and now president/founder of the Software Freedom Law Center said about this back in 2001: (emphasis mine)

      Because there's nothing complex or controversial about the license's substantive provisions, I have never even seen a serious argument that the GPL exceeds a licensor's powers. But it is sometimes said that the GPL can't be enforced because users haven't “accepted” it.

      This claim is based on a misunderstanding. The license does not require anyone to accept it in order to acquire, install, use, inspect, or even experimentally modify GPL'd software. All of those activities are either forbidden or controlled by proprietary software firms, so they require you to accept a license, including contractual provisions outside the reach of copyright, before you can use their works. The free software movement thinks all those activities are rights, which all users ought to have; we don't even want to cover those activities by license. Almost everyone who uses GPL'd software from day to day needs no license, and accepts none. The GPL only obliges you if you distribute software made from GPL'd code, and only needs to be accepted when redistribution occurs. And because no one can ever redistribute without a license, we can safely presume that anyone redistributing GPL'd software intended to accept the GPL. After all, the GPL requires each copy of covered software to include the license text, so everyone is fully informed.

      You claim that

      Apple needs to take the app down, but they aren't required to take any positive actions to fulfill the submitter's license obligations, such as make the source code available, or remove DRM from the app.

      Apple does not need to take the app down. That's the FSF's point: Apple could change how they behave and easily become compliant with the GPL, even distributing GPL'd programs commercially (charging for distribution; distributing for a fee) and charge as much as they like. So long as Apple doesn't comply with the GPL, they can either choose to stop distributing it or they can choose compliance with the license. Taking the program down is not their only option.

      Apple is distributing the VLC port. That VLC port is licensed under the GPL. So yes they do need to comply with the GPL which requires distributing complete corresponding source code to the program (a safe and easy way is to distribute complete corresponding source code right along side the binary distribution), or distribute a written promise for the program's complete corresponding source code with the binary. Either would be compliant with GPLv2 or GPLv3 (which are the two versions that cover the vast majority of GPLd programs).

      On the other hand, I don't particularly like the idea that an app I submit to the App Store could be subject to a unilateral veto by someone else spuriously claiming my app violates the GPL and they wrote some code in it.

      Do you have reason to believe Denis-Courmont's claim of infringement is wrong? Anyone can claim any program infringes on their copyright regardless of license, that doesn't make their claim legitimate. That doesn't appear to be what's going on here so I'm not sure why you brought this up at

    22. Re:Apple is indeed shooting itself in the foot. by naasking · · Score: 1

      Apple isn't shipping squat. They are providing a mechanism for the Developer to Upload their solution to Apple's centrally distributed repository. It's on the Developer shoulders to take responsibility for their choices.

      This would be true if Apple weren't reviewing and censoring uploads. They would then be a "common carrier" akin to ISPs. Since they are censoring, they are liable.

    23. Re:Apple is indeed shooting itself in the foot. by Anonymous Coward · · Score: 1, Informative

      Clearly. But they shouldn't have done.

      They have a review process. They should use it properly.

      It's Apple's app store. They are the ones selling the wares. It's up to them to make sure they adhere to the appropriate laws.

      You're a fucking retard. Apps submitted to the App Store are binaries, not source. How in the hell is Apple supposed to tell what license the source was licensed under, or whether any of it was stolen from a different copyright holder? They don't have the source.

      Besides, you're doing the equivalent of holding a retail bookstore responsible for the clean copyright status of every book on its shelves. That's idiotic.

    24. Re:Apple is indeed shooting itself in the foot. by marcello_dl · · Score: 1

      > It's on the Developer shoulders to take responsibility for their choices.

      IIRC apple reviews the apps it allows on its store. they damn share the responsibility, they are not mere carriers. Were they not realizing the licence under which they could distribute a program under GPL? but when people break license agreements with OSX clones or hackintoshes it`s a different matter, I guess.

      hypocrites.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    25. Re:Apple is indeed shooting itself in the foot. by nosferatu1001 · · Score: 1

      SO they didnt review the application, which contravenes their own rules?

      No, they misrepresented the application by publishing it on the app store.

      "get a clue" from someone who mentioned "took their word for it"

      Classic.

    26. Re:Apple is indeed shooting itself in the foot. by nosferatu1001 · · Score: 1

      Um no, thats the law.

      If you sell something you, as the trader, have responsibilities. Failure to exercise due dilligence is negligence.

    27. Re:Apple is indeed shooting itself in the foot. by grahamm · · Score: 1

      Apple needs to take the app down, but they aren't required to take any positive actions to fulfill the submitter's license obligations, such as make the source code available, or remove DRM from the app.

      No, it is not removing DRM from the app that they should be doing. What they should be doing is not adding DRM to the app. I am sure that the app as submitted did not include DRM, so Apple should be distributing it 'as submitted' not changing it before distributing it.

      An interesting thought. The DRM'd app is a derivative work of the app, so under the terms of the GPL anyone receiving the app can demand the source code of the modification - ie the DRM!

    28. Re:Apple is indeed shooting itself in the foot. by SteeldrivingJon · · Score: 0

      "No, it is not removing DRM from the app that they should be doing. What they should be doing is not adding DRM to the app. I am sure that the app as submitted did not include DRM, so Apple should be distributing it 'as submitted' not changing it before distributing it."

      Actually, it did include DRM, because the developer has Xcode sign the app during the submission process.

      You seem to think you can submit an app to some magical, non-existent fairyland App Store of your imagination, rather than the actual Apple App Store that exists and is pretty well understood as involving DRM, and not involving the distribution of source code.

      A developer who submits an app has no excuse for thinking they are submitting it to the former, when they have agreed to multiple statements making clear they know it's the latter.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
    29. Re:Apple is indeed shooting itself in the foot. by zeroshade · · Score: 1

      Apple's review process seems to disagree with you. The entire reasoning for the locked down App Store and ridiculous limitations and restrictions is because Apple has decided to take responsibility for everything that is sold in their App Store. In addition, since it is Apple's App store and they have decided to take responsibility they are definitely 'distributing' every application in the store. Just as Steam 'distributes' any game that is available on it.

      Because Copyright is defined by the right to distribute, the person who uploads to the App Store is not liable for infringement, especially due to the restrictions of Apple's store preventing the developer from distributing it themself (for the most part). The App Store is liable because they are distributing it. They can't claim safe haven as an ISP can because they actively take steps to prevent infringement (see the removal of bittorrent applications among other things). Therefore Apple is legally at fault here.

    30. Re:Apple is indeed shooting itself in the foot. by pknoll · · Score: 1

      Who submitted the iOS VLC app to the App Store? Apple didn't go looking for VLC so they could have it, someone submitted the application without sufficient regard as to whether or not it could be legally distributed there.

      Apple didn't catch it in the review process (we all know how well that works) and now they're being asked to remove it. You say "if Apple chooses to remove VLC from their App Store" as if Apple has a choice. They do not - they're in violation of the license.

      This is not an App Store issue. It's an issue with the license of this application being in conflict with the conditions of the App Store. Apple can't fix it without the GPL allowing an exception, or the application authors allowing an exception.

    31. Re:Apple is indeed shooting itself in the foot. by Super_Z · · Score: 1

      Well, the VideoLAN association president Jean-Baptiste Kempf have posted an analysis that indicates that Rémi Denis-Courmonts "defence of his chosen license" might be misguided.

    32. Re:Apple is indeed shooting itself in the foot. by linuxrocks123 · · Score: 1

      Right, so that's why Apple just ignored the GNU Go DMCA notice.

      Oh, wait, Apple didn't, because it doesn't work like that. Anyone distributing copyrighted material without authorization and without qualifying for exceptions like fair use is committing copyright infringement. Just like if I post some Scientology crap here, it's probably going to be Slashdot and not me that the CoS goes after with a DMCA notice. Apple qualifies for the DMCA safe harbor, so it avoids liability as long as it complies with the DMCA notices, but Apple _IS_ _COMMITTING_ copyright infringement.

      Freetards: 1, SteeldrivingJon: 0

      ---linuxrocks123

      --
      vi ~/.emacs # I'm probably going to Hell for this.
  44. Apple vs OSS by StripedCow · · Score: 1

    Is this the final proof that Apple is not compatible with (GPL'ed) OSS?
    I sincerely hope so, because then we can finally lose the fanboys and talk about more interesting stuff here.

    And maybe for those occasions where somebody still has an urge to talk about Apple, we can change the icon into something borg-like, as we have for M$.

    By the way... if only BSD had a GPL license...

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:Apple vs OSS by aristotle-dude · · Score: 2, Interesting

      Is this the final proof that Apple is not compatible with (GPL'ed) OSS?
      I sincerely hope so, because then we can finally lose the fanboys and talk about more interesting stuff here.

      And maybe for those occasions where somebody still has an urge to talk about Apple, we can change the icon into something borg-like, as we have for M$.

      By the way... if only BSD had a GPL license...

      I have a question for you. Do you enjoy using the internet? That TCP/IP that you are using is the ubiquitous "OPEN STANDARD" because the stack was originally released as BSD licensed code. Do you enjoy other OPEN standards? The majority of them exist because they the sample code was licensed as BSD or similar license. FOSS license do NOT encourage creation of OPEN STANDARDS and formats to the same degree as licenses like BSD. Licenses like BSD allow corporations to participate in development and collaboration over standards/protocols including a common compatible implementation while allowing them to use that code in their own software without fear of viral contamination of their own intellectual property.

      The GPL is not the best license to use if you want to further an open standard and interoperability between software platforms and applications. It is only useful if you want to keep it closed within the FOSS community.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Apple vs OSS by jo_ham · · Score: 1

      The App Store is actually compatible with the GPL v2. This was changed after the whole issue with GNU Go.

      Not to mention that "Apple" covers a lot of ground - OS X itself is highly compatible with OSS software. Apple even runs their own large OSS projects, and contributes to many others, GPL and otherwise.

    3. Re:Apple vs OSS by StripedCow · · Score: 1

      Actually, you have good points. But I find the way Apple is using the open-source community against itself, well, nothing less than detesting. As a developer, I certainly wouldn't want to be a part of what Apple is doing. Maybe there should be something between BSD and GPL, to keep Apple from being so evil, while still enjoying the openness of a BSD license, but I have no idea (right now) what it should be.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    4. Re:Apple vs OSS by mr_mischief · · Score: 1

      You can have an open spec with a GPLed implementation. You can also have an open spec with an LGPL implementation which would allow closed source systems to use the LGPLed implementation just fine.

      What you can't do with GPLed code is take the implementation and close the code for a proprietary system. That's all you can't do. BSD is more helpful in some ways because of this one issue, but it is not the only license to use for an open spec.

      All BSD does is lower the barrier to entry for closed source projects compared to the GPL or lower the barrier to entry compared to the LGPL for people who want to also close their own proprietary non-standard extensions to the implementation.

    5. Re:Apple vs OSS by Wovel · · Score: 1

      I enjoyed your response. It was amusing to watch the GP claim to support "free" software and slam BSD at the same time. Knowledge is power, the more ingrained GPL becomes in the FOSS community , the more it will stifle innovation.

  45. Re:Shooting Yourself In The Foot by perlchild · · Score: 2

    The contract terms for developers of iOS software attempt to make this more restrictive than any other platform. Most of the other platforms wouldn't even dare to try this. A better way to fight it would be to support alternative app stores for iOS devices, where they don't have the problem. Let's not adopt a scorched earth policy here. What we want is freer devices, the problem seems to be freer devices do not even get made. They either do not have the marketshare, or the app stores do not get built. Maybe the fsf needs to build one.

  46. I need some clarification here by UnknowingFool · · Score: 3, Interesting

    So here's what I've understand:

    • Applidium (not associated with the VLC developers) uploaded VLC to Apple's iOS App store
    • VLC developer says that the App store guidelines are incompatible with GPL licensing because of DRM
    • Apple may remove the app ("kick out the app")
    • VLC developer is complaining that Apple should change their policies instead.
    • VLC developer laments that Mac App Store may have DRM too

    First of all, the developer is pointing out that the licensing may be incompatible and then complains that Apple is "kicking out GPL'ed" apps. I wouldn't describe it "kicking out" when the developer is kinda asking Apple to remove the app. What Apple isn't doing is changing their entire licensing agreements to suit this one developer.

    Second, the developer is assuming that the Mac App store will have DRM. I've heard conflicting stories. Some say yes. Some say no. Anybody have access to the Apple Mac App Store Agreement that can shed some light on this.

    Third, is it me or if the VLC developer has issues with the Mac App store, they can simply choose not to use it? Apple isn't removing the other ways to get an application (online, retail, etc); they are simply introducing a new one. Remember iOS devices are locked in that Apple has removed the ability for users to access the file system on the devices (without jailbreaking). With OS X, full access to the file system would make it extremely difficult to lock down the system. The Mac App store launches in 90 days so unless there are some major changes to Snow Leopard, it is highly unlikely. With Lion Apple might shift towards that direction but until that's down the road.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:I need some clarification here by Bigjeff5 · · Score: 1

      I don't see how any of that should preclude someone from complaining about Apple's App Store policies.

      Are we not allowed to have opinions any more?

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re:I need some clarification here by UnknowingFool · · Score: 1

      What he is complaining about is he wants Apple to change their license agreements to suit him rather than the crux of the problem which was someone (other than Apple) made an app of their code and violated the GPL. Apple's solution is to remove the app which is apparently not enough for this developer. He would rather that Apple change their licensing just to suit his whims. Suppose someone steals your car and you see it on the dealership lot. They dealership gives you back the car; would you demand they give you the money they gave to the thief?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:I need some clarification here by ConfusedVorlon · · Score: 1

      this isn't about the Mac app store. This is about the iTunes app store (iphone,ipod,ipad)

    4. Re:I need some clarification here by Anonymous Coward · · Score: 0

      Each app installed from Mac App Store will have receipt cryptographically signed by Apple which can be used for copy protection. Nothing in OS X enforces the validation though, so if app author wants DRM, he should implement receipt validation (at app startup) and take actions himself.

  47. Re:Why shouldn't Apple remove apps by owner reques by Americano · · Score: 1

    So I take it you're not going to vote any more

    Dumb argument. Candidates change, making the "same action" quite different. Unless you mean to suggest that a vote for Barack Obama is the same as a vote for George Bush, and a vote for Sarah Palin is the same as a vote for Nancy Pelosi.

    And you won't date because some time in the past you got dumped

    If you dated a girl and got dumped, then started dating that same girl again... yeah, you'd be kind of stupid to not expect similar outcomes. That doesn't mean that dating Mary will turn out the same as dating Lori.

    And you won't post on slashdot because it doesn't change anything

    About the only reasonable statement you've made here. This isn't a place where people discuss things, it's a place where people shout at one another... so yeah, I don't expect anything written here to change minds. It's just fun to shout.

    Apple makes a point of not being "main-stream."

    Proving that you very much do NOT understand Apple's business model. How many millions of iPods have they sold? iPads? iPhones? iMacs? Apple is certainly 'mainstream' by just about any measure of popularity. I submit you'd be hard-pressed to find anybody with a TV who isn't at least aware of the Apple brand. Apple does not avoid being 'mainstream,' they simply aren't willing to whore out their product design philosophy to make a quick buck. If everybody in the world woke up tomorrow and said, "I'm buying a Mac today, I'm done with this (Linux|Windows) crap," do you think Steve Jobs would be upset?

    Many of the people who buy Apple would shrivel up in horror if they ever thought their i{$WHATEVER} was mainstream.

    I suspect you'd be surprised at exactly how small a number of people would *actually* be upset with this. Maybe you should examine your prejudices more closely.

  48. Re:Why shouldn't Apple remove apps by owner reques by ratboy666 · · Score: 1

    "If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success"

    Really? I guess that you can define "large". And I guess you can define "worked to end DRM" rather than simply "never had it".

    As to making an effort to "end DRM" -- Apple is the biggest supplier at 70% of online music sales. And, data shows that customers (not being that stupid) buy 4 times the music if there is no DRM.

    So its natural that Apple wants to remove DRM. But, honestly?, they started it. At a non-DRM 4x sales multiplier, it was really only a matter of time before they would have lost the sales lead UNLESS they removed DRM.

    Personally, I don't care if DRM is ended or not. Technically, DRM can't work, unless it is coupled with legal measures. However, you cannot follow GPL licensing AND apply those measures. Not legally, anyway. So, GPL software must be removed from the Apple App Store. Unless source is installed in a usable manner by the Application, which would mean that a USB/wireless file share would need to be installed, along with the application, or that this would be available for free from the App store at the same time that the binary application is approved. Or that the App store would have a secondary distribution channel for source. None of which exists; so no GPL software.

    The FSF MUST follow this. If you think otherwise, please lobby to have the GPL changed. Note that I have never released my software under the GPL for such reasons. I much prefer public domain, or I retain all rights, forcing a negotiation for specific purposes, or a "free to distribute if no money is involved" style license.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  49. That's the problem with no competition, until now. by Dcnjoe60 · · Score: 1

    Apple has had a monopoly on it's App Store because, it was pretty much the only game in town. Now that Apple and the iPhone are starting to get some competition through Android, it will be interesting to see what happens. Apple once had a pretty much monopoly with downloading music through iTunes. Just about everything was DRM'd. Once some competition came in, they dropped their DRM to stay competitive.

    While the change to Apple's music model and their App Store aren't 100% analogous, they aren't the only smart phone/platform in town any more. Now that they have some real competition, like their music policy, if they don't stay competitive with what the market demands, they will lose sales of devices. It doesn't matter if there is an app for that or not, if every one else also has an app for it, too.

  50. Re:Why shouldn't Apple remove apps by owner reques by Raenex · · Score: 1

    If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success.

    You're an idiot. The whole Apple Store is DRM.

  51. On the other hand... by Anonymous Coward · · Score: 0

    The team submitted VLC to the App Store while fully aware of Apple's draconian DRM policy. There should be no surprise that the software is delivered in exactly the same manner as all of the other apps on the site, so submitting it (and presumably agreeing to Apple's legal terms in the process) and then turning around and saying, "but it's GPL'd, so you're being bad" puts you in a challenging position. It doesn't do users any good if Apple responds by saying, "You're right, it's GPL'd so we can't distribute it in our locked down framework. We're removing it immediately."

  52. obstinacy* by toby · · Score: 1

    There, fixed that for ya.

    --
    you had me at #!
  53. Re:Shooting Yourself In The Foot by McGuirk · · Score: 1

    Holy crap. An FOSS package management system for Windows or Mac would be amazing.

  54. Different VLC developer accuses FSF of FUD by harlows_monkeys · · Score: 2, Insightful

    A different VLC developer disagrees and says the FSF is acting in bad faith and FUD.

    Back in May, when the FSF complained about GNU Go on the App Store, the App Store was in fact definitely incompatible with GPL software. Apple makes copies and distributes them, so Apple needs permission of the copyright owner.

    To get that permission under GPL, you have to obey GPL, including the part about not placing any additional restrictions on people you distribute copies to. Apple's end user terms of service placed many GPL-incompatible restrictions on the people Apple distributes to, so no GPL permission for Apple. If the developer owned all the GPL code in his application, then the act of submitting it to the store gives implicit (and there is probably something in the developer agreement that makes it explicit) permission to Apple to distribute. However, if the developer is using GPL code from other people, then there is a problem.

    About a month after the FSF published their detailed explanation of the incompatibility, Apple changed the end user terms of service and the change appears to have removed the problem. It now says that if an app is covered by a EULA (and the GPL would count as a EULA, I believe) then that EULA governs. If there is no EULA, then Apple's default license governs, and it is Apple's default license that has the things the FSF objects to.

    There was similar language before the June change, except that there was a set of "Usage Rules" and Apples terms states that those applied in addition to any EULA for the particular software, and it was the usage rules that contained the GPL-incomplatible stuff. With the June change, it seems that if the software has a EULA, the EULA is all that applies.

    1. Re:Different VLC developer accuses FSF of FUD by Bigjeff5 · · Score: 1

      Except that it is still being distributed with DRM, which still places further restrictions on the rights of the recipients of the software to distribute said software, which is still a violation of the GPL.

      They fixed part of the problem, but they are continuing to artificially restrict the distribution of the software, which is a clear violation of the GPL.

      Frankly, it doesn't matter what any of the VLC developers think, what matters is what the GPL says. You cannot place distribution restrictions on the software, period.

      Note: Under GPLv2 you can place restrictions on the hardware, just not the software. GPLv3 denies both types of restrictions, but VLC is GPLv2.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re:Different VLC developer accuses FSF of FUD by aristotle-dude · · Score: 1

      How does DRM place restrictions on it any more than software compiled against a particular framework or in a platform specific exe format? To the end user, they are all the same thing. The recipient does not give a rats ass about the GPL license since it does not apply to the end user at all. It is not an EULA. The end user does not give a crap unless if they are trying to pirate software and the DRM gets in the way of stealing the software.

      The end user just wants to get the paid or free software, download it and sync it with iTunes to their iOS device. End of story.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  55. Re:That's the problem with no competition, until n by jo_ham · · Score: 1

    They never wanted DRM to start with, but were forced to use it if they wanted content. The plan was always to remove it as soon as they could (by changing the deal with the content providers).

  56. Re:Why shouldn't Apple remove apps by owner reques by Anonymous Coward · · Score: 0

    Actually Apple is one of, if not THE, biggest pushers of DRM today. Everything you buy from the app store is DRMed.

    This a hugely dangerous trend, that people (aka sheeple) are so accepting of DRM if you paint it a nice colour and make it glossy.

  57. Re:Why shouldn't Apple remove apps by owner reques by houghi · · Score: 1

    Apple is not fighting DRM. Apple just does not want others besides themselves to have any rights.

    --
    Don't fight for your country, if your country does not fight for you.
  58. Re:Why shouldn't Apple remove apps by owner reques by Anonymous Coward · · Score: 0

    If Apple were against DRM, then the VLC makers would not take issue with the app's distribution on the store.

  59. Re:Why shouldn't Apple remove apps by owner reques by harlows_monkeys · · Score: 1

    If you want to end DRM, you need to support Apple since they are the only large company who has worked to end DRM and had some success.

    You're an idiot. The whole Apple Store is DRM.

    For an idiot, he seems to know a lot more than you do. Music on the Apple Store is completely DRM free, and has been for a long time. This came about because, back in the day when every music store that offered music from the major labels had DRM, Steve Jobs wrote an open letter to the labels, saying that they should drop DRM. EMI immediately agreed, and Apple started offering DRM-free music from EMI. The other labels called Jobs an idiot, and Warner went so far as saying they would never remove DRM.

    The Apple/EMI experiment showed that Jobs was right and that removing DRM from music was a good idea. The other labels then came around, and removed DRM on all the stores that sold their music EXCEPT for Apple. No official reason for holding out on Apple was ever given. The common speculation was that either they wanted to wait a while so they wouldn't look completely foolish for reacting so negatively to Jobs' suggestion and then adopting it in a relatively short time, or that they hoped that by having Apple be the only major store with DRM they could put Apple at a competitive disadvantage and get some concessions out of Apple. Eventually, the labels did allow Apple to go DRM-free, although Apple at the same time gave the labels more price control (that's why the "every song is $0.99" thing ended and prices went up).

    If it wasn't for Steve Jobs urging the labels to drop DRM, it is highly likely that the major labels would still be requiring DRM on their music at all the major stores.

  60. Re:Shooting Yourself In The Foot by lga · · Score: 1

    It's not package management, but Ninite makes installing free software much more convenient.

  61. You should consider... by BlackBloq · · Score: 1

    It's called the app STORE. Think food bank vs grocery store. Why the fuck should they put free software ANYWHERE near the app store is beyond me. Would you offer free pizza in your pizzeria next to your 2$ by the slice? I don't think so! Distribute your own shit in torrents. Otherwise you miss the point of both
    1. Free/GPL software.
    2. A store.

    Geez the nerve of some people! Thinking they deserve everything and don't stop to use common sense!
    If GPL had balls/ovum they woulda made their own device with all GPL parts in it and make their own app bank (since it's not selling can't call it a store). There is a need to make a hardware platform using the same community developed method. That would be a bloody miracle though. The state of OSHW is not great. Like the sad Open Source Hardware Central Bank, that is basically a site of CG devices not yet made looking for funding. Wow talk about sad. The only real source of Open source seems to be university's which are funded by government and big business. There is a good reason GPL was also called the MIT license. So most open projects worth spit are payed for by the government or corporations. Only the strength of the legal writing in the actual license keeps the software 'free'. IMO.

    http://www.oshwbank.org/

    1. Re:You should consider... by rdebath · · Score: 1

      I dunno who you mean by "The GPL", might be the FSF but they're a charity and a stand in copyright holder.

      There are quite a few more sites than the one you mention that release hardware designs (GPL and other free licenses) but they run into the problem that there are significant costs to duplication and distribution of hardware. So the closest you're going to get to your silly example is initially a single sponsor leading to a large group of people and companies. Say perhaps Google, they could sponsor an open phone design, they'd need a good name like "the robot phone" or perhaps something a little more human. They would make a lot of cold hard cash out of free software.

      The universities were a good source, but now the better sources of paid for free software development are companies, like the afore mentioned Google, or IBM or other similar (mostly) service oriented companies. Companies that know their assets are their people and the skills they have. Companies that think of their software as an asset would never be a good source, even when the source becomes available (eg the copyright expires, or it's just released) it's likely to be severely over valued and mostly out of date.

      As for the MIT license; it's a completely different fish from the GPL. The MIT license is moderately close in form to the BSD license but even with that there are significant differences. But you're right about one thing; the GPL is very well written. So well written in fact that most respectable lawyers will tell you to start running now. Begging for forgiveness all the way.

    2. Re:You should consider... by BlackBloq · · Score: 1

      Coo except for the silly example part (not clearly written). Thanks for writing all that!

  62. Freedom Isn't a One-Way Street by DannyO152 · · Score: 2, Insightful

    In order to redistribute GPL software, isn't Apple asked to spend more money? It has to have the ability to turn off and on the encryption, based on the license. It has to, to some degree, vet that the code is licensed correctly, or that non-GPL apps doesn't include GPLed elements. If they distribute anything that was not properly licensed, they have to mitigate the infringement, which, as a start, will be a recall off of the mobile devices and a refund, which is an ugly pr event, ask Amazon about "1984." What about the costs of hosting source code? Isn't a lot of GPL software offered at no charge, so there's not a lot of offsetting revenue for the extra bother? Licensing nuance is inside baseball. I doubt there would be significant additional demand for Apple devices for GPL code being allowed in the app store. Were Apple to allow GPL apps, Freedom as in Free adherents would still be cheesed off that Apple approves each app and/or that device owners cannot install any thing they want, except via unsupported self-modification

    The developer chooses a license that suits them, and, right on, dig it, God bless 'em, and more power to them. Potential downstream users look at licenses and, if it doesn't make sense in the totality of what they are trying to do, either to pursue happiness or a dollar, they walk away from the code. Apple looks at GPL code and says, it's not worth the effort. They have the freedom to make that choice. Device buyers have the freedom to consider the intermediate's choices when they choose devices.

    1. Re:Freedom Isn't a One-Way Street by mr_mischief · · Score: 1

      Is Apple distributing anything of its own accord, or is it providing tools for Applidium to distribute something?

  63. And VLC makers are not by SuperKendall · · Score: 1

    On further reading, the VLC makers themselves think the FSF is being foolish in this regard - it's the FSF alone that is asking this license to be enforced in this way.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  64. Which company? by SuperKendall · · Score: 1

    Really? I guess that you can define "large"

    First you have to give the name of a company of any size that actually forced an industry to remove DRM when there was DRM before.

    Apple was the company that talked EMI into giving up DRM, when the sky did not burn nor the oceans boil, other music companies followed suit.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  65. I'm so tired of your free software totalitarianism by gig · · Score: 1, Flamebait

    Free software has a set of rules and it works. App Store has a different set of rules and it works. Participate in either as you see fit. Don't try and change one into the other. I am tired of this kind of totalitarianism coming from free software people, demanding other people embrace their ideology. Apple didn't trick you into submitting an app. In the same way that you should agree to comply with the GPL license if you want to use some GPL code, you should comply with App Store licensing if you want to use App Store. Or don't participate if you can't play by the rules. Don't show up to a baseball game in your hockey gear and demand to play.

    Apple participates in free and open source software in many cases and they give a lot and they get a lot. They have also created a commercial market for "pop apps" where that make sense, and enabled many, many people who have never before installed and used native software to do so. We don't have to wonder if its success is based on the way it is structured, because we have Android Market to look at, where piracy has destroyed the ability of software developers to fund their projects.

    In short: STFU.

  66. Re:Shooting Yourself In The Foot by Anonymous Coward · · Score: 0

    They just prevent you from upgrading to the latest version of Android to get the latest features. Unless you jailbreak and root your device that is, which isn't that much of an improvement over iOS.

  67. Re:Shooting Yourself In The Foot by E+IS+mC(Square) · · Score: 0

    WTF? It's Apple's draconian policies and rules which is preventing users from useful apps. And you are blaming FSF for that.

    Man, RDF is really strong with you.

  68. region encoding has nothing to do with Apple by Brannon · · Score: 1

    ...obviously?

  69. Re:Why shouldn't Apple remove apps by owner reques by Raenex · · Score: 1

    I actually meant the App Store. The iPhone and iPad are locked-down and DRM-laden (notice how the story under discussion has nothing do with music), and there isn't any evil music corporation that Jobs can point his finger at.

  70. Since when does Apple force anything to be DRM? by Brannon · · Score: 1

    Each developer decides whether to distribute their source and how much to charge for their app (there are thousands of free apps). So what is your point?

  71. GPLv2 may/may not be considered a "EULA" by kommers · · Score: 1

    That's interesting facts about the changing terms you're pointing out.

    However, you should not necessarily confuse GPLv2 for a EULA. Or that would really depend on how you define an End-User License Agreement (EULA).

    IANAL, but from what I've read, generally, GPLv2/v3 isn't considered an EULA in the proprietary legal-speak sence, since there is no obligations that you as a *user* of the software have to agree upon before using it.

    The GPLv2/v3 will grant you as a GPL software *user* a set of *rights* though, which may be beneficial to you (the "4 freedoms", ref FSF). But this isn't anything you have to agree upon -- you don't even have to take advantage of them.

    However, you only have to *agree* with the GPLv2/v3 license when you *distribute* the GPL licensed software (this may happen some time after you have used it, or it may never happen at all). You can use the software all that you want, but you are not allowed to re-distribute it unless you oblige to the GPL license term (which in effect ensures that the down-stream receivers of the software you distribute also receives the same essential 4 freedoms as you were entitled to).

    So, if it were a legal cage battle on this topic among true lawyers, it isn't obvious that the GPLv2 (nor v3) would be legally classified as a "End-User License Agreement".

  72. Possible COI on Steve Jobs's part? by tepples · · Score: 1

    Apple fanboys try to cast anything not bought from Apple as pirated.

    Then it only seems fitting that Apple shares Steve Jobs with Disney, the primary corporate force behind the Sonny Bono Copyright Term Extension Act.

    1. Re:Possible COI on Steve Jobs's part? by Wovel · · Score: 1

      Actually since Apple owns like 95% of the legitimate online music market globally, your statement may be more accurate than you think (for music :))

  73. No Android pod touch by tepples · · Score: 1

    Another is not to develop for iOS and pick Android instead.

    Yesterday, I was in a Best Buy store and a RadioShack store. I saw plenty of Android counterparts to the iPhone but no Android counterpart to the iPod touch. Do you know of an "Android pod touch" for sale to the general public in the United States?

    1. Re:No Android pod touch by metamatic · · Score: 1

      Do you know of an "Android pod touch" for sale to the general public in the United States?

      Archos 28, 32 or 43, starting at $99, all running Android 2.1 or greater, available from Sears.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  74. Narrow by tepples · · Score: 1

    Granted, some don't have the app store or an old version of android, but not all.

    I didn't see any button along the left side of Amazon's search result page to narrow the results by Android OS version or by Android Market access.

  75. Try before buy? by tepples · · Score: 0, Troll

    Last week I bought an Archos 5

    Might you happen to know of any U.S. chain that stocks them, so that I can try an Archos 5 before I buy it? I didn't see one in Best Buy yesterday. One advantage of locked-down hardware is that big-box electronics stores that sell iPod products tend to have a display model.

    1. Re:Try before buy? by metamatic · · Score: 1

      Sears sells Archos Android media players.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    2. Re:Try before buy? by Myopic · · Score: 1

      I don't happen to know. I bought mine without trying one first, but like you I do typically like to touch before I purchase. FWIW, I find it to be imperfect but satisfactory. It meets my basic criteria, which were to play music (iPod replacement) and browse the web. Of course, it does a bunch of other stuff too, but those were my primary concerns. I know that it is open enough that lots of people have put other operating systems on it, so if you are handy enough you should be able to get it to do what you want.

    3. Re:Try before buy? by tepples · · Score: 1

      Sears sells Archos Android media players.

      Not the one near me. Today, on the way home from work, I walked into the electronics section of a Sears store, asked a salesperson about Archos media players, and got a reply to the effect: "We don't have those here, but we might have them on Sears.com."

  76. Bah... by Anonymous Coward · · Score: 0

    One of the most useful apps I've downloaded, but the latest version is a bit unstable. And now it's likely to be pulled before it gets an update. Gutted...

    Sure, the GPL clashes with the app store rules, and it's difficult to blame any one party if the app is kicked....but I don't really care. If this app gets kicked, and an update is released through other channels, it's the final straw - I'll be jailbreaking.

  77. VLC and DRM by dontgetshocked · · Score: 1

    Apple, 'The Other Microsoft" wants cake that's not theirs and eat it too,Well congrats for VLC standing up. Hi-Ho-Silver - Away!

    1. Re:VLC and DRM by Jackie_Chan_Fan · · Score: 1

      I'm still waiting for Apple to be taken to court by the governments of the world and the industry. Apple is doing the evil that Microsoft is often accused of.

      Apple sucks.

  78. Re:Shooting Yourself In The Foot by E+IS+mC(Square) · · Score: 1

    Apple fanbois with modpoints!? What a surprise!

  79. GPL v2 is compatible with DRM and the appstore by aristotle-dude · · Score: 2, Insightful

    The FSF need to stop spreading FUD and outright lies about their own license.

    RMS and his cohorts have done more to damage the general OSS movement with their radical FOSS brand than MSFT did through SCO.

    They are attacking a company that has done more for open source than a lot of companies. Consider their work on Webkit which forms the base of not only Safari but webOS (formerly Palm and how HP), webkit browers on android, Nokia and Blackberry. They also released released Bonjour, Quicktime Streaming Server, the base of OS X (Darwin), CUPS as well as a bunch of contributions to various open source projects. What has RMS done lately other than complain?

    http://www.opensource.apple.com/

    http://www.apple.com/opensource/

    http://developer.apple.com/opensource/

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:GPL v2 is compatible with DRM and the appstore by turgid · · Score: 1

      Don't be too quick to defend Apple. The real heroes are the GNUstep people who have given us a Free implementation of a lot of the NeXTSTEP/OPENSTEP/Apple stuff to run on whatever platforms we like.

      As for the FSF "spreading FUD and outright lies about their own license" - that's just wrong.

      RMS and his cohorts have done more to damage the general OSS movement with their radical FOSS brand than MSFT did through SCO.

      And that's complete flamebait. RMS and his cohorts have created a Free software ecosystem and provide the vision and leadership that has kept it thriving despite the cynical corporate and political assaults it has been subjected to over the years.

    2. Re:GPL v2 is compatible with DRM and the appstore by aristotle-dude · · Score: 1

      Don't be too quick to defend Apple. The real heroes are the GNUstep people who have given us a Free implementation of a lot of the NeXTSTEP/OPENSTEP/Apple stuff to run on whatever platforms we like.

      Give me a break. Do you see that word "OPEN" in OPENSTEP? All the GNUstep people did was re-implement the OPENSTEP platform spec on linux. It was not closed to begin with. There was plenty of documentation on the OPENSTEP platform specification. Where is the spec for windows? Did the Wine project have a spec to implement from or did they have to reverse engineer it through clean room testing?

      Let's even take a look at Linux frameworks. While the "CODE" might be "OPEN", there is almost no documentation to allow for a clean room implementation. Code is not a substitute for an open spec.

      It is not flamebait. They certainly provided a number of great tools in the past but what have they done lately other than threaten and sue other people? Have you noticed the move away from GCC toward LLVM because of the concerns over GCC going to GPL V3?

      Ironically, RMS does not seem to get that companies are NOT the enemy of open source. Some of the most successful projects have been funded by and worked on by corporations. The GPL V3 is a huge step backwards for the open source movement.

      Some people have to work for a living because they don't have rich parents to live off of.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    3. Re:GPL v2 is compatible with DRM and the appstore by zyzko · · Score: 1

      Well, I agree somewhat on the part of RMS, but not fully.

      But you are wrong about FSF and Apple's OSS participation - yes, they have taken webkit (from KDE) and contributed to it. So has Nokia and about everyone else using it. You still don't get the crown jewels which in case of webkit is Safari as a whole with Javascript engine and all the bells and whistles. Bonjour is quite a mess, seen any 3. party implementations which actually work? QT server - the same, yes, they use established standards but close just enough to not to be useful. Darwin - yeah, who created what in the first place? CUPS - yes, there is some true credit to be given there, but given that 10 years ago Unix printing was a complete mess (at least if you wanted Windows-compatibility and easy configuring for cheap printers, PS and network printing has never been a problem) this is not a great accomplishment.

      In the end - yes, some low-level developers might benefit from Apple's contributions. If the projects can be ported to non-Apple specific platforms. Apple is not really an Open Source company, they just take what is good out there - and there is nothing wrong with that, but admitting that you are not the holy Jesus of Open Source is the first step.

      And don't make me start with Facetime - yeah, standards, nice buzzwords with mpeg and all. Except that the implementation is so borked up that cross-platform compatibility is almost impossible while there were existing methods for video calls, but no, Apple had to make their own and better system where no one else is allowed to come.

  80. Home users vs. business users by tepples · · Score: 1

    And you think that matters to consumers?

    "Consumer" is a loaded and confusing word. Did you mean it in the economic sense or in the sense of home users? I will grant that the ability to hire third-party support doesn't matter much to home users, who consume software solely as a means to home entertainment. But it matters to business users, who consume software as a means to producing something else using said software.

    1. Re:Home users vs. business users by Americano · · Score: 1

      Considering this discussion is about VLC on the iPhone, and the licensing terms of the GPL with respect to that software on that platform... yeah, we're talking about the importance of that 'right' to a home user. Who are, incidentally, the vast majority of consumers for the iphone & vlc on the iphone.

  81. Re:Shooting Yourself In The Foot by geminidomino · · Score: 1

    Awesome. I wish I'd known about that 3 weeks ago when I was setting up my new PC, or 2 weeks ago when my endless tinkering crashed Windows 7 and I was re-setting up my new PC. :)

  82. Crapple and anything like it... by Anonymous Coward · · Score: 0

    Why would anyone want to pay for hardware that was designed not with the consumer in mind, but fleecing the consumer for every penny it can suck from a user's wallet?

  83. The difference between Tivo and App Store by jrumney · · Score: 1

    The difference here is that Tivo did not add any extra restrictions in the license, they just added technical restrictions in the hardware that prevented the user from exercising their rights under the GPL. Apple is adding extra restrictions in the license that the software is distributed under, as well as technical restrictions in iTunes to prevent you installing more than 5 copies. The technical restrictions might not fall foul of the GPL v2, provided they are implemented in iTunes software not in the GPL'ed software itself. But the license restrictions certainly do.

  84. Re:That's the problem with no competition, until n by mr_mischief · · Score: 1

    The iPhone was never the only smartphone. They did not introduce the category. RIM and Nokia had smartphones for years before Apple did.

  85. Movist by Anonymous Coward · · Score: 0

    Actually, Movist is so much better. xD

  86. Re:That's the problem with no competition, until n by Dcnjoe60 · · Score: 1

    While true, the RIM and Nokia had smartphones prior to the iPhone, Apple took it to a whole new level and it entered the public's consciousness.

  87. Re:Why shouldn't Apple remove apps by owner reques by mgiuca · · Score: 1

    I don't equate "mainstream" with "iPhone" -- certainly iPhone is a mainstream device, but I don't consider not being in the App Store as being "out of the mainstream."

    I don't see how it helps the "no DRM" cause to take a GPL'd program, coat it with DRM, and then sell it on a locked device without any legal or technical ability to modify or redistribute the program.

    Sure Apple are working to end DRM'd music, but they're one of the biggest supporters of DRM'd software. I'm pretty sure the Free Software Foundation is more concerned with the latter.

    If you want to end DRM, you need to support Apple

    Lol.

  88. What i don't understand is... by someone1234 · · Score: 1

    Why would a GPL licensed program appear in an Apple store? They know they cannot 'make available' the modified binary without license. And the GPL definitely won't give them the rights.
    As we read, this isn't the first case.
    So, this is willful copyright infringement.

    The solution is easy: GPL'd programs cannot be sold for closed systems, since the end-user wouldn't be able to modify and run them.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  89. Re:Why shouldn't Apple remove apps by owner reques by Wovel · · Score: 1

    Barbie,

    your final argument is about 3-5 years out of date...

  90. You could ask that of your iPhone by Anonymous Coward · · Score: 0

    You could ask that of your iPhone. Is it a 3G or 3GS? Because it may or may not be upgradeable, depending on version.

    Because, you know, the definition is about the hardware used rather than the software within (which is Android). Your Windows Media Server uses DRM'd components to lock down your computer so it isn't upgradeable but it still uses the same Windows OS that your upgradeable desktop uses.

    Locking down, for Android, is a function of the handset provider, not the application.

    Locking down, for an iPhone, is a function of the handset provider and, since this is the same one as makes the application, it IS an iPhone problem.

  91. Oh no! by Anonymous Coward · · Score: 0

    Apple's pirating VLC! Someone call the MPAA!

  92. Compulsory education laws by tepples · · Score: 1

    nobody is forcing the schools to use iPads, nor forcing students to go to those schools that do [use iPads]

    If a public school adopts Apple iProducts, then state compulsory education laws require students to use the devices.

    1. Re:Compulsory education laws by Moridineas · · Score: 1

      If a public school adopts Apple iProducts, then state compulsory education laws require students to use the devices.

      So what's an example of a public school that forces students to buy iPads / whatever?

      I'm not saying they don't exist, I'm saying I don't know about them?

    2. Re:Compulsory education laws by tepples · · Score: 1

      So what's an example of a public school that forces students to buy iPads / whatever?

      I don't know about the iPad specifically, but I do have an example of whatever: Texas Instruments locks down its firmware with crypto and DMCA threats, and plenty of school districts (including Fort Wayne Community Schools when I attended) force high school math students to buy TI-83 calculators.

    3. Re:Compulsory education laws by Moridineas · · Score: 1

      Hmmm.. that's an interesting case. Personally the thing I hate the most about TI calculators is they're so damn expensive. With Droids, iPhones, tablets, cellphones all so powerful now, it's CRAZY to spend $100+ on a calculator like that.

      I think when I was in highschool we had to get a TI-82/83 or equivalent graphing calculator for some classes (which basically meant...TI-82/83). I don't really remember if it was mandated, but I do remember the school having loaner calculators for those who couldn't afford them.

      That is very annoying.

  93. Installation Information by tepples · · Score: 1

    Yes, and scroll down to the part about "Installation Information" to see the legalese that this part of the preamble explains.

  94. Republicratic policies by tepples · · Score: 1

    Dumb argument. Candidates change, making the "same action" quite different. Unless you mean to suggest that a vote for Barack Obama is the same as a vote for George Bush, and a vote for Sarah Palin is the same as a vote for Nancy Pelosi.

    In United States politics, both the Republican Party and the Democratic Party have the goal of expanding the exclusive rights of incumbent entertainment publishers at the expense of the public. See the Sonny Bono Copyright Term Extension Act of 1998 and the Digital Millennium Copyright Act of 1998: the 105th House and Senate passed them by voice vote implying greater than 80 percent assent and therefore bipartisan support, and the Democratic President signed them rather than sending them back for a roll-call veto override vote. I believe the ultimate cause of this is the MPAA's role in helping candidates get elected, which arises from a conflict of interest between television news organizations and the movie studios that share a corporate parent.

    1. Re:Republicratic policies by Americano · · Score: 1

      Both parties also oppose murder, rape, and theft.

      What's your point? I know you're not naive enough to suggest that a single issue where they overlap makes them substantially the same.

  95. Re:Why shouldn't Apple remove apps by owner reques by Ash+Vince · · Score: 1

    But instead, the FSF is playing into the hands of the media companies by keeping things like VLC player out of the mainstream and attacking the only company with the same goals of ending DRM. Nice work FSF, this is seriously making me re-think my yearly donation...

    This is the problem with an organisation who has a zealot as its founder: They tend to view compromise for the greater good as a bad thing so they end up marginalised.

    In my opinion the most important thing in any disagreement is to try and meet the other side halfway. There will always be items you cannot possibly compromise on, but you often need to examine your own position and try and decide on some points that are more flexible.

    If you are not able to do this and insist that all your points are inflexible then the chances of you winning any concessions from the opposing side pretty much drop to zero immediately.

    --
    I dont read /. to RTFA, I read /. to offend people in ignorance.
  96. Re:That's the problem with no competition, until n by zyzko · · Score: 1

    Got any proof?

    And no, Steve saying that it was the evil labels that made them do the drm doesn't count. Apple is still pro-DRM where it matters to them (apps, movies, books, even their own ipod-connector etc.). The plan for Apple is to make money, and competition will change the scenery by introducing alternatives. Hopefully.

  97. Change GNU rules by Anonymous Coward · · Score: 0

    GNU has rules, Apples has rules. And when they don't combine Apple has to changes its rules.
    Kind of strange. Seems that GNU could change its rules too.
    It's time to 'port' VLC to a BSD style license.

    J.

  98. ...and other examples unrelated to the article by tepples · · Score: 1

    Both parties also oppose murder, rape, and theft.

    But in both cases, their opposition to theft extends to a conflation of theft with infringement. See the No Electronic Theft Act.

    I know you're not naive enough to suggest that a single issue where they overlap makes them substantially the same.

    By no means did I intend to imply that copyrights and patents are the only issues where the Republican and Democratic platforms overlap. They're just the ones closest to the topic of the featured article. Others exist, such as the size of the federal budget: both want to make it bigger in different ways (defense under GOP; entitlements under Dems).

  99. Why didn't the FSF ask VLC developers first? by Karlt1 · · Score: 1

    http://mailman.videolan.org/pipermail/vlc-devel/2010-November/077457.html

    But my political opinion on AppStores is not relevant to the legality of
    VLC on those AppStores. And guess what, nor is FSF political opinion!

    I really dislike when people use VLC to advance their _own_ political
    agenda. And that is true when it is Apple, Microsoft, Google or the FSF.
    There is a minimum of politeness that is essential and that was not
    respected...
    And I HATE bullshitors...

    I really like RMS past work and actions, but I don't like how the FSF is
    using the situation here.

    I also strongly believe that the freedom is to open VLC on as many
    platforms as possible.

    And as VideoLAN does not force copyright assignments, I believe VLC is
    more open that many FSF/GNU projects...

    Finally, and more importantly, if there is any actual legal issue regarding
    VLC and one AppStore term, it should be removed from this AppStore.

    Oh, and btw, I do not thank people who force me to write such posts,
    when I have better to do, like working on Blu-Ray playback...
    Oh, and btw, the next person that says it is obvious and simple, I will
    force them to compile VLC+Contribs for Win32 3 times. .....

    And guess what, the AppStore terms have changed!

    Try to grep "Products contain security technology" and "in addition to any other"
    on the above document.
    If you don't know how to grep, try "man grep" and "man curl"

    Maybe the FSF statements made Apple change the ToS, maybe Rémi's
    complaint, maybe... $(put whatever you want here).

    Conclusion of part I.
    ---------------------
    The FSF statement is not valid anymore, and therefore the
    http://www.fsf.org/blogs/licensing/vlc-enforcement/ is just plainly
    wrong (or FUD)

  100. No Market for Archos 43 by tepples · · Score: 1

    Android market

    Unlike phones, Archos products don't have the Android Market. Instead, they have AppsLib. Is isyncr also on AppsLib?

  101. No Market, no OS upgrade, no display model by tepples · · Score: 1

    Did your Archos 5 come with Android Market? No. iPod touch running iOS 2 or newer comes with App Store.

    Is it upgradable from the Android 1.6 that came on it to Android 2.x? No. iPod touch hardware version 1 can be upgraded to iOS 3, and versions 2 and newer can be upgraded to iOS 4.

    Can I buy one in the same place? No. The closest counterpart to Circuit City as of today is Best Buy. A Best Buy store that I checked two days ago had Archos 7 and no other sizes, but I've been given a tip to look for Archos 43 next time I'm at Sears.

  102. Re:That's the problem with no competition, until n by jo_ham · · Score: 1

    The iPod connector is not anything to do with DRM. It's a hardware connector - a documented hardware connector that is standard across all iPods (since it was introduced - obviously the original iPod has a 6 pin FW connector). There's no DRM involved - the signals across it are not encrypted in any way, there are no keys to control it, it is not obfuscated at all, as all the pins are documented and explained in Apple's literature for anyone making a device that interfaces with the iPod. The software that goes with that (inside the iPod) is also documented.

    You are mistaking what DRM actually is, which seems to be common in many of these discussions. The 30 pin dock connector may be proprietary (ie, you need a licence fee to use it), but this is no different to many other hardware connectors - the USB one, for example (which is on the other end of the 30 pin cable, funnily enough). Just because it is a proprietary connector does not mean it has anything to do with DRM.

    The apps are not DRM'ed either - they are simple zip files with an application bundle inside them, much like an actual OS X app (except those are not compressed) containing the assets and the binary and any other files needed.

    Movies are still DRM encumbered because without it, there would be no content - the movie and TV studios will not provide the content without DRM on it. It's much like the situation with music a few years ago. No DRM, no content.

    Can you guess where this is going with books?

    For things entirely in Apple's control, DRM is conspicuously absent - the OS X install disc has no encryption on it, nor does it even need a serial number or any sort of activation. It just installs. The only barrier to installing it on a non-Mac is a plain text file that says "please don;t steal OS X" that you can remove and then reburn the image (it's not a special "non standard" DVD that can't be easily copied in a home DVD burner) so you can install it on any machine.

    It also doesn't care how many times you install it on Macs in your home (although technically you are supposed to buy 1 licence for each machine, there is no actual enforcement).

    The original iMac (the coloured one) ran on the commercial "Rip, Mix, Burn" which is as strong a promotion of Fair Use in a commercial that I have ever seen - the thrust of the commercial was to rip all your CDs into iTunes, arrange them into playlists of your choice, and then make CDs of them to listen to wherever you wanted (disclaimer for slashdot: Apple didn't invent this, but they made it super easy to do in iTunes for the common man). No DRM in sight.Just strong encouragement to do what you want with your music.

    OF COURSE Apple's plan is to make money - and they have been one of the few to realise that the best way to do that is to *give customers what they want* - they wanted DRM-free music, and they knew this, but were unable to deliver and had to compromise (since they do not control the music itself, and had to convince the music industry that DRM-free was a viable business model). So, they put in the weakest DRM they could get away with, and provided a way in iTunes to strip it off by burning to Audio CD, which they strongly encouraged you to do every time you downloaded songs. It wasn't ideal (since you'd have to re-encode and thus lose a little quality, but the Audio CD itself was indistinguishable from the downloaded tracks).

    I don't think any piece of Apple-provided evidence is going to convince you, but the history is right there.

  103. Re:That's the problem with no competition, until n by zyzko · · Score: 1

    I don't think any piece of Apple-provided evidence is going to convince you, but the history is right there.

    Yeah, and you just proved it - the dock connector is fine if you just want analog audio out of it. If you want the fancy features there is a license fee to pay. And yes, there is a sort of drm there - I have seen a car adapter which worked just fine on previous generation iPod but connecting a new generation one shows just "incompatible device" warning on the iPod. And there is simply nothing that could have been changed to the actual functionality - just a missing license fee.

    And you are right about Apple giving what customers want - unfortunately for me that is dumbed down restricted software in a nice and shiny package. But I'm ok with that - what I'm not ok is that you among others give Apple the credit of drm-free music which they do not deserve - we got that since Amazon and others came along and right holders relized that competition is good and drm-free distribution is one way to do that.

    Apple does just what sells, today it might be drm-movies and series, tomorrow it might be something else. And they are good at it at least for couple of last years.

  104. I don't live near Vegas by tepples · · Score: 1

    This was in Las Vegas, but I suspect other stores would have them as well.

    My experience differed from yours. I tried three different stores (Best Buy, RadioShack, and T-Mobile) in Fort Wayne, Indiana, and none had an N900 for me to try. Or should I just plan on buying five products and eating the return shipping and 15% restocking fee for the four that I don't like?

  105. Re:That's the problem with no competition, until n by jo_ham · · Score: 1

    No, the licence fee must be paid to use the connector - ie, if you make something that physically has the connector present (like a docking station) - if you want to implement the protocol, no one is stopping you - my car's head unit has a standard USB port on the back that controls an iPod via the accessory protocol.

    Fees for connectors are not unique to the dock connector - the USB port is similarly covered, as is the firewire port, and many others.

    The things that have changed between iPod generations can vary a lot - not just the the license fee. You misunderstand what the fee is and when it is paid - it is when the device is *made*, so attaching a new generation iPod to that stereo and it not working has nothing to do with a fee not being paid. The stereo manufacturer pays when the device is made initially to ship a device with the dock connector on it (although in my experience with most car head units, they don;t actually have a dock connector, so the fee is irrelevant anyway - they just implement the iPod accessory protocol, which rarely changes but has between some iPods. It underwent a change when Apple dropped firewire from the iPod lineup, for example, and had a couple of changes between the 4G and 5G iPod I believe. A software update for the head unit usually fixes this. It has absolutely nothing to do with not paying a fee. The protocol has largely remained unchanged, but some parts of it have been changed or extended as the iPod line has grown. Some Sony head units, for example, can now charge later generation models (5G and up) that they couldn't before, and things like the iPod Touch and iPhone can attempt to negotiate with the device they connect to to determine what version of of the Accessory Protocol they are using and fall back into legacy mode if necessary. My iPhone does this when I connect it to my car's head unit, although sometimes it gets stuck trying to use the newer protocol (since the upgrade to iOS 4) and complains about incompatible head unit, but unplugging and replugging refreshes it and it drops back to the old protocol and works fine. (I am pretty sure this is down to performance issues on iOS 4 on the 3G iPhone, with a reply on the bus timing out when the phone is connected "cold" to the car. Unplugging and immediately replugging instantly fixes it).

    Do you realise why Amazon was able to sell DRM free music in the first place? The iTunes store. There is *no way* the Amazon mp3 store would have happened without the iTunes store. It was a response to the music industry realising it had all its eggs in one basket (the iTunes store) and thus was limited in its negotiating power for price controls (they wanted variable pricing from the start). The mp3 model from Amazon would never have been on the table at all were it not for the iTunes store - which was also trying to renegotiate for DRM free (in exchange for variable pricing).

    When the industry realised that online music sales actually did work as a business model, and that if they weren't careful the entire market would belong to the iTMS, they started distributing via other channels - Amazon was one of these.

    Had the iTunes music store never existed, and the industry content to stay they way it had always been, there would never have been an Amazon mp3 store.

    The result of all this is that there is now consumer choice in the online download market for music - DRM-free aac files from iTunes, playable on any device that supports aac, or mp3 files from Amazon, playable on any device that supports mp3. Both are patented formats, but both are open standards.

  106. Re:Why shouldn't Apple remove apps by owner reques by Anonymous Coward · · Score: 0

    Taking a hardline stance against non-open software will result in nobody using any open software, which will result in nobody caring about open software standards, which will mean that there will be less and less interest in open software, eventually leading to the death of it.

    The way to take over the world is to compromise. Compromise is at the heart of every human interaction, even if we don't consciously think about it. Therefore, supporting a company that has made significant compromises to remove DRM from the entire marketplace is supporting a non-DRM stance. Insisting that they must do everything the way you want means that they will ignore your demands, leaving your cause no more accepted in the world.

    Linus knows this, which is why he's okay with Tivo-ization of the Linux kernel. Because even though people aren't behaving exactly the way you want, insisting that they do will only ensure that they will resist you completely.

  107. Re:That's the problem with no competition, until n by zyzko · · Score: 1

    Regarding the dock connector: Lots of hand-waving.

    Yes, fees are not unique Apple is no saint here. They could have made interoperability easiear and cheaper but chose not to - because of business reasons. Be it control over image and who make what accessories or just plain greed to milk money over others - I don't know.

    And I do realize that Amazon mp3 store would not necessarily have existed if iTMS wasn't the huge success it was/is. But on the other hand - Apple could have said "screw you guys, we are not selling drm-music" - instead they said that it is ok and music industry later on thought that just maybe competition would be nice and drm was one bargaining tool and game changed.

    Technology or licenses is not the key here - being at the right place at the right time is. Look at Napster (the subscription one which came after the lawsuits) or Yahoo Music - they practically died and still Spotify (I live in Northern Europe so that is what is use but I have heard US has last.fm and other similar services) now grows.

    What bothers me is that people keep saying that Apple is somehow open or embraces sharing - yes, they have their merits (the mention about OS X install is good, I'm sick and tired of Microsoft's WGA crap) but they really are no different when it actually comes to what makes them money. They close, limit and charge license fees just like anyone else.

  108. Re:Why shouldn't Apple remove apps by owner reques by tepples · · Score: 1

    I don't consider not being in the App Store as being "out of the mainstream."

    This would be true if there were an "Unknown sources" option to add packages obtained elsewhere to the device without adding $297 to the cost over the expected three-year service life of the device.

  109. Phone users are cheaters by tepples · · Score: 1

    With Droids, iPhones, tablets, cellphones all so powerful now, it's CRAZY to spend $100+ on a calculator like that.

    In fact, phones are so powerful that students aren't allowed to carry them into the testing room. That's why TI has the education market sewn up: its products are just powerful enough to work the problems without being powerful enough to cheat.

    1. Re:Phone users are cheaters by Moridineas · · Score: 1

      I completely agree, and I definitely think there is collusion going on. I worked with a small independent book publisher that created some middle school science text books in the 1990s. The amount of outright corruption in the state adoption process (gifts to teachers, donations, etc) by the multinational corporations was horrifying (and to me, unexpected). I guess I was less cynical then.

      I can definitely see the need for something that doesn't have Internet capabilities, I just think it's outrageous that a calculator costs $100+ today...

  110. Re:That's the problem with no competition, until n by jo_ham · · Score: 1

    The Dock connector is the shape it is to enable it to fit on the iPod - other than that, it's standard and has been since it was included.There's nothing secret or encrypted about it. If you want to use it, it's well documented (hardware and software) for your theoretical device to interface with the iPod. No "hand waving" or anything there.

    They get a lot of bad press, and people like to sweep some of the good things they are doing under the rug to concentrate on the walled garden and app store, which only pertain to the iOS ecosystem. They are open in their formats - almost all of their data formats are open (.mbox for email, documented xml for iWork etc, open formats for calendar and contacts [and open sourcing their calendar server and contact sync server tools], aac for audio, h.264 for video, LLVM, libdispatch, many other open source projects and formats.)

    They're no saints, but no one is.

  111. Rémi Denis-Courmont works for Nokia... by Anonymous Coward · · Score: 0

    Rémi Denis-Courmont works for Nokia?
    Rémi Denis-Courmont works for Nokia!

    Now, where is my tin foil hat?

    Rémi Denis-Courmonts LinkedIn profile

  112. Freedom is for geeks by tepples · · Score: 1

    and don't forget to tell all of your friends and family why they shouldn't play there either. I don't want to have all mobile computing go the way of the walled garden due to people's lack of knowledge.

    I agree with you, which is why I own no iProducts, and the Wii is the last modern video game console that I plan on buying. But the majority appear to believe that hardware that respects users' freedom is just for geeks. What's the most effective way to convince the majority otherwise?

  113. Re:Why shouldn't Apple remove apps by owner reques by tomhudson · · Score: 1
    People using Apple laptops and desktops still see themselves as being "different". Same as linux users. Same as bsd users. Same as plan9 users.

    Just because something is done by a significant portion of the population doesn't mean that those participating don't think of themselves as "counter-culture".

    Example - tattoos, esp. tramp stamps, and piercings.

    Reality has little to do with end-user perceptions. Ask anyone in, for example, customer support.

    -- Barbie

  114. MOD PARENT UP by SETIGuy · · Score: 1

    At least someone understands the motivations of anti-GPL trolls.

  115. This is stupid by TheSync · · Score: 2, Interesting

    This kind of thing makes companies afraid to every use GPLed software because some random developer can come along at any time and initiate legal action against you.

    The source code is freely available. Why the hell do we care about the binary? What if you have to run an encrypted binary for a secure, embedded solution, is that against the GPL as well?

    This analysis shows that the case for App Store infringing on the GPLv2.0 is weak.

  116. Digital Restriction MACHINERY by IBitOBear · · Score: 1

    Machinery, not Management. There is no managing taking place.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  117. Re:Why shouldn't Apple remove apps by owner reques by mgiuca · · Score: 1

    By "not being in the App Store" I didn't mean "in some other jailbroken iPhone repository" (if that's what you mean). I meant "not on the iPhone".

    In other words, VLC is still quite mainstream (on PCs and other platforms) without having to be on the iPhone.

  118. Re:Nope by giuda · · Score: 1

    and Paint it's the image manipulation program of choice.

  119. Re:GPLv2 Only 5 Devices by Anonymous Coward · · Score: 0

    The "Only 5 Devices" restriction... isn't really a restriction when the APP in question is free (as the VLC app is a free app on the app store).

    It only really effects paid apps.

    Granted... if you get beyond 5... you may have to use another Appstore ID... but you can create those for free as well (if you have more than 5 iOS devices... you've got bigger problems my friend... if you're sharing the apps with family members/friends... they should probably register their own IDs just for organizational purposes alone).

  120. Re:Shooting Yourself In The Foot by perlchild · · Score: 1

    If instead of selling it to me unlocked, they sell it to me locked, and want this considered illegal in some places... Can we just agree that they don't want to sell it to me the way I want to buy it?

  121. When users have to become licensed developers by tepples · · Score: 1

    Most free software developers are in no position to afford $99 per licensed developer per year.

    FTFY

    If you want to modify the software and use it, you have to become a licensed developer. If you want to use the software at all, and Apple has declined to add it to the App Store, and you're not in an existing licensed developer's circle of 100 ad-hoc friends, you have to become a licensed developer. Most original authors aren't willing to pay the licensed developer fee for every user, which is what the Installation Information requirement in at least one version of the GNU GPL appears to require.