Slashdot Mirror


Apple Remove Samba From OS X 10.7 Because of GPLv3

recoiledsnake writes "The upcoming release of Mac OS X 10.7 Lion Server will remove the formerly bundled open source Samba software and replace it with Apple's own tools for Windows file sharing and network directory services. In both Mac OS X Server and client editions, Samba enables Macs to share files with Windows clients on the network and access Windows file servers. It has also later allowed Mac OS X Server to work as an NT Domain Controller to manage network accounts and make roaming profiles and home directories available to Windows PC users. However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially. Apple is now said to be recommending Active Directory to users who are still dependent upon the older NT Domain Controller network directory services. Apple has previously stopped contributing code to GCC and started looking at other options like LLVM because of GCC's switch to GPLv3."

1,075 comments

  1. Re:GPL is the problem by WrongSizeGlass · · Score: 3, Insightful

    GPL is bad.

    Bullshit.

  2. Huh? by jdigriz · · Score: 1

    Seems like an overreaction. Just fork the V2 version. Or maybe that's what they're doing.

    1. Re:Huh? by jandrese · · Score: 1

      The downside is that they can't contribute back to the community now, removing some of the benefit of using GPL code in the first place.

      --

      I read the internet for the articles.
    2. Re:Huh? by jdigriz · · Score: 1

      Hmm, how so? GPLv2 says that it can be used under that license or any later version. If the community wants Apple's patches and Apple cares to give them back, then they can. They will probably be advised by their lawyers not to though for fear of confusion. Look, it's in a GPLv2 and a GPLv3 project! Suddenly version control timestamps become very important.

    3. Re:Huh? by JesseMcDonald · · Score: 1

      GPLv2 says that it can be used under that license or any later version.

      This is incorrect. GPLv2 is only GPLv2, not "any later version". Some projects multi-license their code under GPLv2+ ("GPLv2 or any later version"), but this is not required, and many other projects use GPLv2 exclusively.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    4. Re:Huh? by jdigriz · · Score: 1

      Samba has switched to GPL v3. Past editions used GPL v2. Thus large chunks of the code are already multilicensed. You are correct that the GPLv2 does not require all publications to accept later licenses, only that that is an option if so chosen by the authors. The Samba authors have chosen to use at least one later version of the license. This is an interesting question actually,if the original authors have chosen to move up to a new version of the license and somebody makes modifications to an earlier revision under the earlier version of the license, are the modifications barred from being incorporated into a new version controlled by the original authors if the original license did not specify that later licenses may be used?

    5. Re:Huh? by larry+bagina · · Score: 1

      a GPL v3 samba cannot use any GPL v2 code. Any code contributions must be GPL v3 licensed as well.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    6. Re:Huh? by bryonak · · Score: 1

      This is incorrect. GPLv2 is by default "or any later version", not GPLv2 only. Some very few (most notably the Linux kernel) projects single-license their code under GPLv2 ("GPLv2 only"), but this is not required, and nearly all projects use GPLv2+ as specified in the standard template.

      Fixed that for you... check your facts. (it's not hard, really)

    7. Re:Huh? by JesseMcDonald · · Score: 1

      You should check your own facts before attempting to correct others. Yes, the standard template suggested by the FSF is GPLv2+, however this is only an example. It plays no part in the legal interpretation of the GPLv2 license. There is no difference between "GPLv2" and "GPLv2 only". If you license a project as GPLv2 then you are not "by default" licensing it as GPLv3, v4, etc. To do that you have to actually use the "or any later version" language.

      In fact, if GPLv2 meant "or any later version" by default, as asserted by jdigriz (and apparently you as well), then "GPLv2 only" would also include "or any later version", and the GPLv2+ language would be superfluous.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    8. Re:Huh? by jbolden · · Score: 1

      See section 9 of the GPL.

    9. Re:Huh? by jbolden · · Score: 1

      No the Linux kernel does not single license their code! That is not true. Section 9 of the GPL appears in the COPYING file of the Linux kernel. You could tomorrow fork the kernel and relicense your version under GPLv3. Linus has chosen not to move his kernel to v3 but that's all that's happened.

      The only thing special about the Linux license is a specific comment that userspace linking with the kernel does not invoke the derived work clause.

    10. Re:Huh? by jbolden · · Score: 1

      That's not what it says

      9. The Free Software Foundation may publish revised and/or new versions
      of the General Public License from time to time. Such new versions will
      be similar in spirit to the present version, but may differ in detail to
      address new problems or concerns.

      Each version is given a distinguishing version number. If the Program
      specifies a version number of this License which applies to it and "any
      later version", you have the option of following the terms and conditions
      either of that version or of any later version published by the Free
      Software Foundation. If the Program does not specify a version number of
      this License, you may choose any version ever published by the Free Software
      Foundation.

    11. Re:Huh? by bryonak · · Score: 1

      You should check your own facts before attempting to correct others.

      Honestly, I thought this was common knowledge.

      Yes, the standard template suggested by the FSF is GPLv2+, however this is only an example.

      Why not do a quick scan over SourceForge, Alioth or Launchpad and tell me how many people use the default "only an example" template and how many take the additional 2 seconds to delete those couple of words. I did something similar a while ago and can tell you: vanishingly few remove them.
      With this knowledge, you should reread my previous comment and realise that there isn't much to argue about.

      It plays no part in the legal interpretation of the GPLv2 license. There is no difference between "GPLv2" and "GPLv2 only".

      As demonstrated by jbolden above, simply dropping the GPLv2 file into the project folder automatically offers the project under any later version. Now if you, which is the standard behaviour, additionally include the disclaimer, you probably aren't going to type it by hand, but copy&paste it from the FSF's site or the license appendix. Again, this gives you "or any later" by default, which nearly all projects keep...

      You made a blatantly false assertation, unless with "many other projects use GPLv2 exclusively" you meant "Many! Like, not just 5, but 20 or 30 or maybe even more!"

  3. Re:GPL is the problem by $RANDOMLUSER · · Score: 0

    No, no you don't have to allow corporations to make money from your (donated) code.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  4. Bullshit by Anonymous Coward · · Score: 0

    BS. Apple can still use it commercially. The only reason to drop it, if the GPL3 is really their problem, is so they can sue over patents they hold that cover things in Samba.

    1. Re:Bullshit by Anonymous Coward · · Score: 0

      Yeah, I'm Apple holds a lot of patents related to a Microsoft invented protocol. And if they did own those patents, they'd sue Samba instead of Microsoft. Moron.

    2. Re:Bullshit by ArhcAngel · · Score: 1

      Unsurprisingly Apple did sue Microsoft. Not that it did them any good.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    3. Re:Bullshit by jedidiah · · Score: 1

      You're a real piece of work. You can't offer an alternative explanation based on the actual facts, so you just decide to call the OP a moron.

      Microsoft at this very moment seems to be suing B&N over things no one thinks it invented or even released first as a product.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Bullshit by Desler · · Score: 1

      You can't offer an alternative explanation based on the actual facts

      What facts? All I see from the original post was someone making unevidenced assertions. If Apple owns patents that cover Samba then they should be very easy to provide the links to them.

  5. GPL 3 does not prevent commercial use. by MSG · · Score: 5, Insightful

    GPLv3 license, which prevents Apple from using the software commercially.

    No, it doesn't. That's a ridiculous assertion presented without any evidence or reason.

    As wikipedia might demand: Citation needed.

    1. Re:GPL 3 does not prevent commercial use. by iluvcapra · · Score: 2, Insightful

      No, it doesn't. That's a ridiculous assertion presented without any evidence or reason.

      That's sortof disingenuous, GPL has always been a Hobson's choice. You can always "sell" a piece of GPL software, but unless you are the original rights holder the GPL has the practical effect of ruining any mechanism for monetizing the software. If any distribution of the software requires the source code be included, it destroys the competitive advantage of the seller in a market and makes it impossible to prevent free-riding by users. You can only "sell" a GPL'd piece of software if you are the author, and then only by withholding code yourself; anyone who contributes is obliged to hand back their work in a manner that prevents them from monetizing any direct benefits.

      GPL works for many reasons, but "you can sell it" is not one of them. In a time where people donwload everything -- instead of when RMS wrote the GPL, and people sold tapes and disks -- the "salability" property of GPL software is really incidental, and Internet distribution has made it infeasible from a business point-of-view.

      --
      Don't blame me, I voted for Baltar.
    2. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      Also, perhaps somebody could clarify why Samba defaulting to GPLv3 implies Apple not being able to use it as they wish anymore? Has nobody outside Qt ever heard of dual licensing? It seems to be working pretty well for them, and I doubt nobody at Apple has ever thought of this.

      Dear /. editors: how about some actual investigation (ever?) into the issue before joining in this willy nilly copy pasta frenzy, hmm? Maybe this was not such a good news source?

    3. Re:GPL 3 does not prevent commercial use. by tgd · · Score: 2, Informative

      The problem is the IP clauses in it. Any company with a reasonable legal department has already made even the installation of a GPLv3 package a fireable offense. V3 has all sorts of automatic grants of patent rights in it. Its toxic to any company trying to even maintain a defensive IP portfolio.

    4. Re:GPL 3 does not prevent commercial use. by Microlith · · Score: 4, Insightful

      Software patents are toxic, period. If you're afraid of being sued over software patents, you should be abusing the government and lobbying to have them abolished.

      Wetting your pants over a software license that acknowledges this problem is the wrong solution, and you're only contributing to a problem you acknowledge exists yourself (or you just wish you could abuse and not be abused.)

    5. Re:GPL 3 does not prevent commercial use. by _Sprocket_ · · Score: 2

      No, it doesn't. That's a ridiculous assertion presented without any evidence or reason.

      That's sortof disingenuous, GPL has always been a Hobson's choice. You can always "sell" a piece of GPL software, but unless you are the original rights holder the GPL has the practical effect of ruining any mechanism for monetizing the software. If any distribution of the software requires the source code be included, it destroys the competitive advantage of the seller in a market and makes it impossible to prevent free-riding by users. You can only "sell" a GPL'd piece of software if you are the author, and then only by withholding code yourself; anyone who contributes is obliged to hand back their work in a manner that prevents them from monetizing any direct benefits.

      Crap. What are we doing with all those RHEL licenses? Apparently this is not possible.

    6. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      Zealots mod zealot post Insightful.

      Here's the evidence you asked for, where you forgot about the topic you are posting in: Apple stopped using samba commercially.

      Here's a summary of this topic:
      Apple: We're dumping the GPL software, we'll use our own software
      GPL zealots: It isn't a problem with the GPL, *ploink* lalala I can't hear you
      Apple: We're dumping the GPL software, we'll use our own software

      Then zealots will start to talk about liberty, free beer, and all that, taking the moral high stand of course.

      What remains is exactly the reason why GPL has no fighting chance at all. Not only is it difficult, developers who use it are extremely difficult zealots as well.

    7. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      I call FUD on this. Please provide evidence.
      As a user you are not required to grant any rights to anybody therefore there is no reason the legal dept. should prevent you using GPL3 software.

    8. Re:GPL 3 does not prevent commercial use. by roman_mir · · Score: 1

      And why would a company like Apple do what you suggest? I bet they have thousands of patents on software and hardware and they do not feel the same way about it as you do. To them it makes perfect sense to have patents and they want to keep that system in place. What they do not want is to have some piece of GPL3 code in the system being distributed, which would open them to litigation with copyright holders of that code, who could then force Apple to release the patents Apple has in that code/hardware into public domain.

      So why would they want to do it? They are not in this business to be nice, they are in it to make money.

    9. Re:GPL 3 does not prevent commercial use. by bryonak · · Score: 1

      So you are trying to claim that there couldn't possibly be a company out there making billions by selling GPL software they didn't write themselves? And not even to talk about a bunch of such companies...

      (Sure... Oracle, IBM and Red Hat sell the services, but the GPL does not have the effect of ruining any mechanism for monetising the software. It just requires a smarter business model.)

    10. Re:GPL 3 does not prevent commercial use. by iluvcapra · · Score: 1

      Those are for services, not for the code itself. It makes it impossible to sell the code itself, as a product, opposed to a service.

      --
      Don't blame me, I voted for Baltar.
    11. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      That's not a license to the software. It's a license to support for the software.

    12. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      You mad?

    13. Re:GPL 3 does not prevent commercial use. by risom · · Score: 1

      You are of course right: this won't work for all types of software. But if the software needes a non-free data set (for example a game), then the code can be Free Software, while still being sellable. And if you sell support, you can sell the code you are supporting free, too. I am sure there are quite a few options.

    14. Re:GPL 3 does not prevent commercial use. by Spooky+Action · · Score: 1

      Exactly, just to be sure I went and read GPLv3 license agreement and it clearly states you can use GPLv3 licensed software, both source and in object code, commercially. Unless Apple is making changes to Samba and refusing to make those changes available, then Apple's claim that it can't use Samba commercially under the GPLv3 license is patently false. It's ironic that open source software saved Apple when it developed OS X but doesn't bother to contribute anything back to the community.

      From the GPLv3:

      "4. Conveying Verbatim Copies.
      You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.

      You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.

      6. Conveying Non-Source Forms.
      You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:

      a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
      b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
      c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
      d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
      e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
      A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

      A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful

    15. Re:GPL 3 does not prevent commercial use. by huzur79 · · Score: 1

      Thats because they belong to the Richard Stallman cult. Its why they all think alike and believe the utter the same BS.

    16. Re:GPL 3 does not prevent commercial use. by cdecoro · · Score: 1

      I agree with the toxicity of software patents, but "abuse" is not the only reason for building a patent portfolio -- defensive patents may be even more significant. When companies face lawsuit from patent holders, one of the first responses is to see if they can retaliate by invoking one of their own patents against the plaintiff's products. Obviously if the plaintiff is merely a troll, this has limited utility (although there might be a possibility that one of their patents is a blocking patent against one of the troll's patent, and thus could retaliate by demanding a share of their licensing revenue).

      Even before reaching the litigation stage, companies can often get favorable licensing terms for other companies' patents by cross-licensing to reduce (or instead of) a monetary royalty. Therefore, even if a company had the best intentions, and never planned to invoke their patents offensively, by giving up their patents they make themselves extremely vulnerable, and put themselves in a much worse competitive position.

      In effect, we have an arms race scenario, in which players cannot take the risk of unilateral disarmament because that exposes them to the danger that others will not follow the lead of their altruism. It can only be resolved by coordinated effort to scale back the arms race, hopefully by legislative action (or the Supreme Court more tightly policing the Federal Circuit, which is generally very patent-holder friendly).

    17. Re:GPL 3 does not prevent commercial use. by s4m7 · · Score: 1

      while what you say is true, it doesn't really apply to the discussion.

      Samba is indeed free software. Apple has taken the step of adding a convenient configuration gui and melding it with the free product. They sell you the interface part, and a set of pre-built Samba binaries because most people are not going to go out and build them on their own.

      The non-saleability of GPL'd software is not at issue because Apple has been selling it as part of their server bundle.

      --
      This comment is fully compliant with RFC 527.
    18. Re:GPL 3 does not prevent commercial use. by Archwyrm · · Score: 1

      So, how about Red Hat and Novell who are mostly definitely selling GPL software to which they don't hold the rights? Commercial use is not limited to selling the GPL software itself, nor added value that is incorporated into the software itself.

      --
      Fascism should more properly be called corporatism because it is the merger of state and corporate power. -- Mussolini
    19. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      GPLv3 license, which prevents Apple from using the software commercially.

      No, it doesn't. That's a ridiculous assertion presented without any evidence or reason.

      Exactly. This isn't about GPLv3, it's about not knowing what the loons who control the GPL have planned for v4. You know, the raving Apple haters who keep claiming Apple wants to control everything you can do with Apple stuff - because that is what they are trying to do with everything OSS.

    20. Re:GPL 3 does not prevent commercial use. by mattack2 · · Score: 1

      Doesn't bother to contribute anything back to the community? clang? Webkit?

    21. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      It does when it states "The GNU General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License. But first, please read ."

      OS X can be considered a proprietary program, additionally Apple provides some active directory functionality not found in Samba that is part of OpenDirectory which it currently doesnt provide to the open source community.

    22. Re:GPL 3 does not prevent commercial use. by _Sprocket_ · · Score: 1

      True. But we wouldn't be paying Redhat anything if it wasn't for the software and the distribution they put together. Yes - we can (and sometimes do) get the exact same software for the cost of a download. But then - one can say that about "pirated" software as well. The fact that Redhat is working on the very software we're interested in is why we buy software from them. And make no mistake about it - my management sees RHEL as being as much software purchase and support contract. Its the exact same way that they see Dell, Windows, and Sun / Solaris.

    23. Re:GPL 3 does not prevent commercial use. by Anthony+Mouse · · Score: 1

      The problem is the IP clauses in it.

      As far as I can tell the problem is people who don't know what they're talking about miscommunicating about the IP clauses in it. For example, how much of that downstream patent licensing stuff applies to people who merely use the software without redistributing it? Does any of it apply?

      Its toxic to any company trying to even maintain a defensive IP portfolio.

      Please elaborate -- this should be interesting.

    24. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      Actually, there is a very serious problem with GPLv3. It automatically grants the user perpetual royalty free access to *all* patents used in the distribution. Obviously, any company would like to protect its innovation which is not even related to Samba, but is being distributed as part of OSX. In my opinion, GPLv2 encouraged innovation. GPLv3 is being treated by all major companies as a contagious agent,. My company only uses and distributes GPLv2, and we actively seek and remove any GPLv3 code due to the patent clause.

    25. Re:GPL 3 does not prevent commercial use. by caseih · · Score: 1

      Not true. The GPLv3, like the GPLv2, says nothing about *installing* and running (using) the software, except in certain cases where the GPLv3 covers the output of a program (if I recall correctly). Except for that, the license only comes into effect when you *distribute* the software to other parties.

      What you should have said is that any reasonable legal department has already made the use of any source code that one license in acceptable terms a fireable offense.

    26. Re:GPL 3 does not prevent commercial use. by arose · · Score: 1

      Yes, RedHat is just tripping over themselves to remove GPLv3 from their distros, being a company with a reasonable legal department and maintaining a defensive patent portfolio. Not so coincidentally you last point is bullshit for the general and common cases, the only time when it conceivably become a problem is if someone who is redistributing your GPLv3 software is suing you on unrelated patents and all of your patents affecting said company are used in the software. Contrived to say the least (and still a patent law, not Free Software, problem to boot).

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    27. Re:GPL 3 does not prevent commercial use. by mpe · · Score: 1

      The problem is the IP clauses in it. Any company with a reasonable legal department has already made even the installation of a GPLv3 package a fireable offense.

      It's an odd definition of "reasonable legal department" which dosn't know that the GPL is explicitally not an EULA and only becomes relevent if you wish to change the software or distribute it to third parties. Most companies are simply not in the business of altering/distributing software.
      Indeed such legal departments might be better employed looking at the sorts of things which come with proprietary software, including EULAs. Since these are relevent to installation/execution of software.

      V3 has all sorts of automatic grants of patent rights in it. Its toxic to any company trying to even maintain a defensive IP portfolio.

      Only a minority of companies hold parents at all and it's probably a minority of these who "V3 has all sorts of automatic grants of patent rights in it. Its toxic to any company trying to even maintain a defensive IP portfolio". To the vast majority this is about as relevent as knowing the rules for employing commercial airline pilots...

    28. Re:GPL 3 does not prevent commercial use. by Anonymous Coward · · Score: 0

      Wikipedia is not the best reference for accuracy, about 70 percent of that content is bull pucky if not well meant bull pucky. The real issue here is not about what is or is not possible, the issue is about what might be possible, if a lawsuit might be filed, then as a business you have to make the sound decision to move away and let the idiots fight over the gravy while your working on the next great thing. Personally I think the GPLv3 or could it be v4 v5 v6 v7 v8 wait, I am so confused.

      That is the point, when you have something that you have to hire a lawyer to figure out, then it is not worth the trouble of fooling with it and that my friends is truly a stupid thing to do to yourself, as far as I am concerned your welcome to all that GPL garbage.

    29. Re:GPL 3 does not prevent commercial use. by juasko · · Score: 1

      Well apple hates double licensing, why they don't have bluray or movies in itunes stores outside USA.

    30. Re:GPL 3 does not prevent commercial use. by drinkypoo · · Score: 1

      Those are for services, not for the code itself. It makes it impossible to sell the code itself, as a product, opposed to a service.

      Nobody buys code without service. The whole point of paying for software is to have someone to blame. Otherwise you can save a lot of money by writing it yourself, right?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:GPL 3 does not prevent commercial use. by SkimTony · · Score: 1

      Your management runs a company, which has a core mission which isn't IT and software maintenance. They're used to paying for the peace of mind that support contracts provide, and RedHat, Sun/Oracle, IBM and their ilk sell software and services to businesses. However, Apple's bread and butter is the consumer market, and those are not the sort of folks that pay for a support contract.

    32. Re:GPL 3 does not prevent commercial use. by ResidentSourcerer · · Score: 1

      I don't understand why GPL 3 is an issue.

      Suppose Apple uses Samba. Suppose they use current stable release X. They don't charge for it. It's an optional package install in the Options folder on the disk. There's a readme that directs them to the web site for source code.

      For library code: My understanding is that if you link against a library, your program is infected with GPL.

      Suppose you write a program whose sole purpose is to be a pipe between your application and a library. The library is now running as a separate process. You release the wrapper program. Not a big deal.
      It's probably less efficient, but much of the time, efficiency isn't needed. When it is, you roll your own code.

      --
      Third Career: Tree Farmer Second Career: Computer Geek First Career: Teacher, Outdoor Instructor, Photographer.
    33. Re:GPL 3 does not prevent commercial use. by _Sprocket_ · · Score: 1

      My management runs a company that's very dependent on IT and the software being run. That software involves a combination of off-the-shelf and custom code. Everything is managed by an IT team who's job is very much IT and software maintenance. Even if we don't sell software to our customers, we are very much in the business of information and services being offered through our IT. And that makes IT our business.

      Apple's customer base buys things that Just Work. They don't screw around with components of the underlying OS (as loosely defined by the general public's view of what an OS might be - not the more accurate, strict definition of what an OS really is). Whether their iBook contains bunches of GPL code or not, they're not going to care even if they can piece together an iBook from component parts. Apple is selling a service as much as a product.

      In any case, it's a moot point. We're not talking about Apple's business. The parent claims that it is not possible to sell GPL software while there are examples of businesses doing just that.

    34. Re:GPL 3 does not prevent commercial use. by RichiH · · Score: 1

      Fascinating. The companies and people living from supporting GPL software will probably starve just to make you right.

      Yes, the gatekeeper role of "only I can sell you this software" is weakened a lot. But other business opportunities spring up.

    35. Re:GPL 3 does not prevent commercial use. by Spooky+Action · · Score: 1

      Apple only "contributes" when it's beneficial to them. Webkit is GPL licensed because they forked it from Konqueror's KHTML rendering engine and were stuck with a GPL licensed code base. Apple abandoned GCC because GCC is GPL licensed and LLVM uses a more permissive BSD style license and the only reason they even sponsored Clang was to get Objective-C support in LLVM for their own benefit. Why do you think they're so fond of BSD licensed open-source software? The BSD license allows Apple to incorporate open-source code back into their proprietary products without the requirement of contributing their code back to the community. When you compare Apple's contributions to open-source software to other major corporations that use open-source software, like IBM, Red Hat and Google, Apple's contributions are mediocre at best. IBM invested over a billion dollars into Linux, but I don't see Steve Jobs writing any checks to FreeBSD.

    36. Re:GPL 3 does not prevent commercial use. by jospoortvliet · · Score: 1

      Sure. But there is also this thing called real life, where you need patents to at least defend yourself against others - see what now happens in the mobile world with anyone who uses Android and doesn't have a strong set of patents - google can't protect you with the meager 50 patents they have so you get sued. the GLPv3 should be clarified or its use should not be forced - why not fork those projects using it, if companies can't ship it? I know little about licenses nor do I care much nor do I WANT to know more. It is just annoying to read that a company who was contributing to FOSS out of PRAGMATIC reasons is now quitting - that sucks. We need MORE of those Apples, not less. Big Meh. And if the GPLv3 is too blame, well, I just might start to think it is not a good license...

    37. Re:GPL 3 does not prevent commercial use. by jbolden · · Score: 1

      That's why most companies contribute back, it benefits them. And IBM's billion also benefited them. Things like Linux on mainframes was not something IBM did entirely out of good will. And that's fine. That's how open source works with companies, you create something that benefits you but indirectly benefits others in exchange for receiving stuff that benefits you.

    38. Re:GPL 3 does not prevent commercial use. by zeroshade · · Score: 1

      Companies such as Red Hat have proven you completely wrong. It seems that the difference is just in the business model, instead of selling a piece of software, you can sell a service such as support or customization etc. It seems the only way that the GPL ruins "any mechanism for monetizing the software" is if you think that 'selling' a copy of the software itself is the only way to monetize it.

    39. Re:GPL 3 does not prevent commercial use. by Spooky+Action · · Score: 1

      I don't deny that when a company like IBM contributions to open-source it's out of a sense of pure altruism, even IBM now says it's recouped it's investment into Linux, but no one can deny the impact it had on the Linux community and when IBM did make that commitment, it was a huge risk on their part. Apple is in the same position to contribute to the BSD community but just doesn't. When you consider just how much Apple has taken from open-source, I just find what they actually return to be questionable. Apple's closed culture is what almost killed the company in the first place and when they opened up with OS X it saved them, but now I just see them starting to make the same mistakes that almost made them fail in the MacOS 8/9 days. Although I'm primarily a Linux user, I've always liked BSD (the first open-source OS I ever ran was the M68k port of NetBSD on, ironically, an old Mac IIci) and with Apple being the biggest user of BSD's technology, I just think it's ashamed Apple hasn't done more for the BSD community. I really think it's just comes down to potential competition. If Apple contributes key technologies back into the open-source community, then there's the possibility of people creating competing technologies to Apple's own, potentially using Apple own contributions, but by taking what it can and keeping it's few open-source projects on a short leash, Apple attempts to play both sides of the field to it's own benefit.

    40. Re:GPL 3 does not prevent commercial use. by jbolden · · Score: 1

      Apple is in the same position to contribute to the BSD community but just doesn't.

      Huh? Apple makes a BSD which is more popular than all the others combined probably 50x over. In many ways they essentially are the BSD community. Macports is training millions in the BSD ports system. The Darwin kernel has all sorts of features that got ported to other BSDs. Via macports they've resolved huge numbers of problems for OpenBSD and FreeBSD. Further the whole launchd system which they are all standardizing on. Cups is another example. The app was GPLed and they bought the rights and made it BSD so the BSDs could standardize on it.

      So I don't think you are being quite fair. That being said Apple could do more, I don't disagree.

      ____

      As for IBM. Honestly I think the biggest surge was DB2 and Oracle. IBM was very 1/2 and 1/2 and after OS/2 they didn't have as much credibility for taking on Microsoft.

    41. Re:GPL 3 does not prevent commercial use. by Spooky+Action · · Score: 1

      Apple makes a BSD which is more popular than all the others combined probably 50x over.

      That's kind of my point, even though Apple has a mainstream OS based on BSD, BSD itself hasn't seen the same growth, especially compared to Linux. From what I've read from some BSD advocates and some messages on FreeBSD mailing lists it seems (and correct me if I'm wrong) that most of the advances to BSD that came from Apple weren't from Apple committing code to BSD distributions but from the BSD community pulling what it could from Apple's available code. Not considering that most of the key libraries that make OSX possible are proprietary. I just don't think Apple "gets it" when it comes to open-source. In my opinion, if Apple was truly committed to open-source, BSD would be right up there with Linux. Apple's iOS is based on OSX's Mach-BSD kernel but you really don't see any other devices running BSD, while Linux is everywhere. It just seems the real BSD community has to languish in Apple's shadow rather than getting the support that the Linux community enjoys. And your point about CUPS is somewhat of a double-edged sword, by buying the rights and moving to a BSD style license they can use what they want without the requirement to contribute back their changes. I just feel when it comes to Apple they see "open-source" as just another resource and their support of it is metered out in a methodical way to help themselves. IBM's investment into Linux was for it's own benefit, I won't deny that, but they recognized the long term benefits of having the contributions of the Linux community in return and it paid off in the end. Before, they were in a shrinking *NIX market with heavy competition from Microsoft pushing into the server market. IBM's AIX had stiff competition from Sun, Digital, SCO and HP with Microsoft making heavy inroads into the enterprise. IBM realized the power of open-source while Sun (albeit too late in the OS market), Digital, SCO and HP didn't, and look who succeeded? Solaris, Digital Unix, SCO and HP/UX all heavily utilized GNU/BSD software on their systems, but didn't contribute much back, so outside developers didn't support them. Apple is in the same situation. How committed is the open-source community to Apple? Not very. Mac's and OSX are the least profitable part of Apple's business now with most of their revenue coming form iPhones, iPads and iPods, which are quickly being pushed out of the market by Linux devices. I just think if Apple was a better player in the open-source community, aside from doing the right thing, would be more successful. Apple's inherently closed culture is, and has always been, it's roadblock to success.

    42. Re:GPL 3 does not prevent commercial use. by jbolden · · Score: 1

      Wow there is a lot to respond to.

      1Mac is not their least profitable part. Here is a slightly out of data graph of how their revenue breaks out:
      http://www.macstories.net/wp-content/uploads/2011/01/share-of-profit-graph.png
      In terms of the latest quarter:
      Apple sold 4.13 million Macs during the quarter, a 23 percent unit increase over the year-ago quarter. The Company sold 16.24 million iPhones in the quarter, representing 86 percent unit growth over the year-ago quarter. Apple sold 19.45 million iPods during the quarter, representing a seven percent unit decline from the year-ago quarter. The Company also sold 7.33 million iPads during the quarter.

      As far as BSD goes. OSX (Darwin) isn't something that uses BSD software, it is a BSD. Apple doesn't directly work with the FreeBSD team for the same reason that OpenBSD. The FreeBSD relationship to Apple is more like Debian to Redhat. And you don't see RedHat funding Debian packages or visa versa. They don't work with BSD community they are an integral part of it. (http://upload.wikimedia.org/wikipedia/commons/5/50/Unix_history-simple.png ) They way they've support the BSD community has been by spending huge sums on building a BSD based system.

      As far as the architecture (http://upload.wikimedia.org/wikipedia/commons/f/f2/Diagram_of_Mac_OS_X_architecture.svg ) everything in Darwin is open source. And then there are a huge number of technologies like Webkit.

      How committed is the open-source community to Apple? Not very.

      What are you basing this on? On most projects the majority of developers run OSX as their personal system. OSX is becoming the home platform for most Unix desktop applications not tied tightly to Linux (including KDE/Gnome) and creating a Macport (and often a native Aqua port) is a high priority. Just to give an example of a community I'm in GHC the mac version of the Haskell platform is key version. The Linux and Windows versions lag. For TeX, Mac is pretty much the home platform.

      I guess could you be more specific? What do you think the Open Source community isn't doing for Apple that it says does for Microsoft which has 6x the market share?

  6. Not specifically due to GPLv3. by Jeremy+Allison+-+Sam · · Score: 5, Informative

    Apple has been moving away from the GPL in all it's forms for a while now. They just got around to us (I'm guessing we were pretty high on the list once they got rid of gcc :-).

    Jeremy.

    1. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 1

      Apple always prefers to use the BSD license when available. This is, no doubt because of Jordan Hubbard, one of the founders of FreeBSD, who still contributes and has been the Engineering Director of UNIX systems at Apple for nearly 10 years now.

    2. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 1

      I read through the comments you made on the apple insider forum. I found them very interesting. But I didn't want to respond there because there's a bunch of silly talk going on.

      Why do you think Apple is moving away from Samba? Assuming it really is the GPLv3 that is the problem, what specifically about it do you think led them to make this decision?

      As a disclaimer, I am a long time user of Samba. I use it with slackware on some older computers (P2 266s).

    3. Re:Not specifically due to GPLv3. by Guy+Harris · · Score: 1

      Apple always prefers to use the BSD license when available. This is, no doubt because of Jordan Hubbard, one of the founders of FreeBSD, who still contributes and has been the Engineering Director of UNIX systems at Apple for nearly 10 years now.

      Well, that certainly explains why OS X's make is the Berkeley make rather than the GNU make and its sh is the Almquist shell rather than BASH. Oh, wait:

      $ sw_vers
      ProductName: Mac OS X
      ProductVersion: 10.6.7
      BuildVersion: 10J869
      $ make --version
      GNU Make 3.81
      Copyright (C) 2006 Free Software Foundation, Inc.
      This is free software; see the source for copying conditions.
      There is NO warranty; not even for MERCHANTABILITY or FITNESS FOR A
      PARTICULAR PURPOSE.

      This program built for i386-apple-darwin10.0
      $ sh --version
      GNU bash, version 3.2.48(1)-release (x86_64-apple-darwin10.0)
      Copyright (C) 2007 Free Software Foundation, Inc.

    4. Re:Not specifically due to GPLv3. by ivoras · · Score: 2, Interesting

      And thus the tenets of Free Software relating to code availability and reusability are served with GPLv3 ... not!

      With GPLv3 it's an all-or-nothing situation: either the whole world will use Linux and be strictly copyleft, or it will avoid it and companies will reimplement the parts they need in a way that's more closed than before. That is why GPLv3 is a mistake.

      --
      -- Sig down
    5. Re:Not specifically due to GPLv3. by JonJ · · Score: 1

      Maybe Apple believes they have such a stellar development team that they can replicate what a huge community and several other companies does completely alone.. That'd explain why they've done such an amazing job with their file manager(Christfuck Finder is brain damaged in so many ways it should be a criminal offense).

      --
      -- Linux user #369862
    6. Re:Not specifically due to GPLv3. by phantomfive · · Score: 1

      Do you want to give a justification of why you are willing to keep using the GPL even though it means companies like Apple are not willing to use your software?

      --
      "First they came for the slanderers and i said nothing."
    7. Re:Not specifically due to GPLv3. by moonbender · · Score: 1

      Please, enlighten us why you think that is true, and, if so, why it's true specifically for GPLv3 and not v2?

      --
      Switch back to Slashdot's D1 system.
    8. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 0

      I guess you think everyone should give Apple their free labor. All hail Pharaoh Jobs!

    9. Re:Not specifically due to GPLv3. by Jeremy+Allison+-+Sam · · Score: 4, Interesting

      > "Do you want to give a justification of why you are willing to
      > keep using the GPL even though it means companies like
      > Apple are not willing to use your software?"

      Sure. Apple have never been a major contributor to Samba. Other companies like Google, IBM, Cisco, Symantec (and many other NAS vendors and OEM's) are happy to contribute and use Samba under GPL (both v2 and v3), so the GPL is still a vital tool to share development costs between companies who want to *contribute*, not just use.

      IMHO Apple want to keep their ability to sue over software patents, which the GPL is designed to make difficult.

      If you've been following the news recently I hope you see why this is becoming more and more important for Free Software code. Sort of off-topic, but software patents really are a threat to all software engineers and they don't distinguish between open source or proprietary code :-(.

      Jeremy.

    10. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 0

      did you offer them dual licensing for some lunch money?

    11. Re:Not specifically due to GPLv3. by Desler · · Score: 1

      Well, that certainly explains why OS X's make is the Berkeley make rather than the GNU make and its sh is the Almquist shell rather than BASH. Oh, wait:

      He said they PREFER to use BSD licensed software not that they ONLY use BSD licensed software. Way to fail at elementary grade reading comprehension.

    12. Re:Not specifically due to GPLv3. by Guy+Harris · · Score: 1

      He said they PREFER to use BSD licensed software not that they ONLY use BSD licensed software. Way to fail at elementary grade reading comprehension.

      Err, umm, in this particular case, as I noted, there are BSD-licensed alternatives, but Apple chose to use the GPLed software rather than the BSD-licensed alternatives used by the *BSDs, including, err, umm, the FreeBSD of which Jordan was a co-founder. This suggests that either 1) Jordan Hubbard isn't the reason why Apple prefers BSD-licensed software or 2) Jordan thought that, in these cases, going with GNU make and BASH was a better choice thus indicating it's not something as simple as "Jordan Hubbard comes from FreeBSD so Apple went with BSD-licensed software" or 3) both.

    13. Re:Not specifically due to GPLv3. by w_dragon · · Score: 1

      Except Linux is still GPL2 last I checked, it's the entire GNU toolchain that actually makes the Linux kernel useful that everyone has to avoid.

    14. Re:Not specifically due to GPLv3. by tuppe666 · · Score: 1

      The GCC thing is bizarre .I understand them wanted to get rid of GPL, because it allows them to take and control what they give back if anything. GCC is a complier, has no impact on their walled garden or anything else, but the major thing is GCC still produces the fastest binaries.

    15. Re:Not specifically due to GPLv3. by Cronock · · Score: 1

      I wonder how much of their installed base Samba will lose overnight when 10.7 Lion ships. It was a great product in OS X, but I'm not going to keep the door from kicking you on your way out.

    16. Re:Not specifically due to GPLv3. by Meneth · · Score: 1

      Not true; there's no problems with GPLv3 software on either Windows or OSX. Only locked platforms like iOS are incompatible, which is by design on the FSF's part.

    17. Re:Not specifically due to GPLv3. by BitZtream · · Score: 1

      Its also important to note, Apple was using FreeBSD code (and other OSS code, GPL'd code included) BEFORE they hired JKH. They prefer BSD licensed code because it gives them far more flexibility as developers. They use GPL code where it provides other more overwhelming benefits, until as we're seeing, the balance changes.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    18. Re:Not specifically due to GPLv3. by lennier · · Score: 1

      companies will reimplement the parts they need in a way that's more closed than before. That is why GPLv3 is a mistake.

      So if the enemies of freedom hate freedom, it's freedom's fault for being too serious and, like, all buzz-kill and downer about how the inherent human right to freedom is non-negotiable, and should just, man, lighten up?

      Your ideas intrigue me and I would like to subscribe to 'Your Struggle'.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    19. Re:Not specifically due to GPLv3. by Desler · · Score: 1

      Err, umm, in this particular case, as I noted, there are BSD-licensed alternatives, but Apple chose to use the GPLed software rather than the BSD-licensed alternatives used by the *BSDs, including, err, umm, the FreeBSD of which Jordan was a co-founder.

      So what? Again, as he said they usually PREFER to choose a BSD alternative but as you shown (and the original poster never claimed contrary) they won't ALWAYS choose that alternative. You are arguing over a non point just to argue.

    20. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 0

      Exactly right. And the Kernel developers tried to tell you that. On the embedded side, it's impossible to use GPLv3 code and maintain device security. This is at least partially intentional, device security is (often) at odds with the concept of being able to hack a device you own. It almost always comes down to a business model breakage problem, and like it or not, that will continue to be important.

    21. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 0

      And thus the tenets of Free Software relating to code availability and reusability are served with GPLv3 ... not!

      With GPLv3 it's an all-or-nothing situation: either the whole world will use Linux and be strictly copyleft, or it will avoid it and companies will reimplement the parts they need in a way that's more closed than before. That is why GPLv3 is a mistake.

      Let them try that - to reimplement everything. That'll bring back the old "software crisis". But only for those who avoid GPL sw. Go ahead, make my day...

    22. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 0

      Reason for getting rid of gcc is not licensing. The modular structure of LLVM gives Apple better tools across the stack. They can do things that were not possible with gcc.

    23. Re:Not specifically due to GPLv3. by Guy+Harris · · Score: 1

      So what? Again, as he said they usually PREFER to choose a BSD alternative but as you shown (and the original poster never claimed contrary)

      What the original poster claimed is that "This is, no doubt because of Jordan Hubbard, one of the founders of FreeBSD"; there is "no doubt" only in brains too small to contain a doubt. If this was "because of Jordan Hubbard", why would they choose GPLed programs when FreeBSD (and the other BSDs) have, and use, a BSD-licensed alternative? I'm not denying that there are reasons why, for at least some software, Apple prefers BSD-licensed code; I'm denying that this can be attributed to Jordan being the manager of the BSD group, a claim that's a typical case of the ex recto analysis one often sees from InfiniteLoopologists. As BitZtream noted in this subthread, "Apple was using FreeBSD code (and other OSS code, GPL'd code included) BEFORE they hired JKH."

    24. Re:Not specifically due to GPLv3. by harlows_monkeys · · Score: 1

      The GCC thing is not bizarre at all. For a long time, GCC purposefully sacrificed good engineering for politics, to try to prevent people from doing things like using non-GPL front ends to generate intermediate code for the GCC back end. The interface between the two was purposefully not well documented and made hard to use. This made it hard to integrate the compiler tightly with an IDE like XCode. Also, Apple is big on using on the fly code generation--for instance Core Image takes image processing pipelines and compiles them on the fly for the GPU or for the vector instructions of the CPU (whichever will be faster on a given system). Again, GCC is actively hostile to that kind of use in a non-free OS.

      Finally, GCC has switched to GPLv3, so Apple is stuck with an old GCC.

    25. Re:Not specifically due to GPLv3. by Anonymous Coward · · Score: 0

      Great job on alienating the people who could have well contributed to your project before the license change.

      I know, mod me to oblivion, I have an opinion that differs from an almighty OSS project leader. I don't really give a fuck. He's just another human being, one who evidently didn't think very far ahead either.

    26. Re:Not specifically due to GPLv3. by phantomfive · · Score: 1

      Thanks.

      --
      "First they came for the slanderers and i said nothing."
    27. Re:Not specifically due to GPLv3. by arose · · Score: 1

      And look how the LGPL is biting them in the ass with all the 3rd party webkit improvements! It's quite clear why they dislike the GPL, who'd want to deal with other people improving your non-profit center stuff.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    28. Re:Not specifically due to GPLv3. by Guy+Harris · · Score: 1

      I wonder how much of their installed base Samba will lose overnight when 10.7 Lion ships.

      Probably a large part of the nominal "installed base". How much of the base of machines actually running Samba is, however, another matter; unless you've turned SMB file sharing on, you might have Samba installed, but you're not actually running it, so switching from a Samba that's not running to another SMB server that's not running makes no meaningful difference.

    29. Re:Not specifically due to GPLv3. by juasko · · Score: 1

      look a few comments up in different thread. There are comments on modding the commentator up

    30. Re:Not specifically due to GPLv3. by juasko · · Score: 1

      Hey, Steve Jobs, with his friends did just that. 6 guys with jeans that went from Apple to form NeXT.

      Open source community does not have a common goal, why it's inefficient.

    31. Re:Not specifically due to GPLv3. by SkimTony · · Score: 1

      I am curious; who was it that finally fixed samba to respect/understand file streams(NTFS) and resource forks(HFS) so we could switch between them?

      I also agree with your point on software patents being toxic; however, this is like the banning of smoking indoors. If one bar or poolhall on the street bans smoking, they'll loose their clientele and go under; if one town in an area bans smoking, their bars and poolhalls will loose their clientele and go under. No company can ditch software patents unilaterally, and remain in business; it must be a government action to be effective.

    32. Re:Not specifically due to GPLv3. by Jeremy+Allison+-+Sam · · Score: 1

      > I am curious; who was it that finally fixed samba to
      > respect/understand file streams(NTFS) and resource
      > forks(HFS) so we could switch between them?

      The streams work was done by Isilon. As for mapping to HFS, if that's possible it was certainly Apple. Unfortunately they didn't push it back upstream so we were not aware that it had been done.

      Jeremy.

    33. Re:Not specifically due to GPLv3. by ceoyoyo · · Score: 1

      Apple certainly seems to think it's true. They were quite happy to contribute to gcc and Samba while they were GPL v2, but they switched to other products when they became GPL v3.

      There are all sorts of things in GPL v3 that make anybody doing commercial work want to stay away from it.

    34. Re:Not specifically due to GPLv3. by mTor · · Score: 1

      As the article suggests, problem is that Samba has poor SMB2 support and given Samba's history, stable Samba4 will arrive too late for Apple.

    35. Re:Not specifically due to GPLv3. by Jeremy+Allison+-+Sam · · Score: 1

      Samba has stable SMB2 support which will be shipped in 3.6.0, which last time I checked is before 4.0..

      It's already being used in production on some large sites (who helped us debug problems with it).

      3.6.0 is going to be officially shipped before the next release of OSX.

      Try again, it's not SMB2 support that's the problem :-).

      Jeremy.

    36. Re:Not specifically due to GPLv3. by monsted · · Score: 1

      .. or they'll switch to stuff with a really free (as in speech) license like the BSD, where people can do whatever they want without fear of litigation from bearded penguins.

  7. Re:GPL is the problem by Anonymous Coward · · Score: 2, Insightful

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

  8. Re:GPL is the problem by centristas · · Score: 1, Troll

    GPL is bad.

    Bullshit.

    Bullshit. BSD license is much more free than GPL.

  9. FUCK YOU STEVE JOBS !! I SAY FUCK YOU !! by Anonymous Coward · · Score: 0

    Nawh, just kidding. We love you, Steve, we really, really, do. Hope your depositioning goes well - we don't want to see you repeat Mr Bill's rocking-chair antics of last century... as funny as that always is.

  10. Re:GPL is the problem by Anonymous Coward · · Score: 3, Funny

    GPL is bad.

    Bullshit.

    Strong argument there.

  11. Re:GPL is the problem by Microlith · · Score: 5, Interesting

    True freedom is letting people do what they want.

    And under the GPLv3, you can still do whatever YOU want. The exception comes when you redistribute, because at that point it's not YOU using it, it's SOMEONE ELSE.

  12. Re:GPL is the problem by Jeremiah+Cornelius · · Score: 5, Informative

    the more strict GPLv3 license, which prevents Apple from using the software commercially

    This is a gross mis-representation of GPLv3, and obfuscates the real basis of argument that Apple may have in conforming to the licensing terms.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  13. Could the summary be more terrible? by Anonymous Coward · · Score: 5, Informative

    The more strict GPLv3 license, which prevents Apple from using the software commercially

    Uhhh...no it doesn't. Read the license. If you don't want to read the license, just read GNU's handy GPL FAQ, which includes a section on whether or not you can sell GPL software commercially.

    I'll give you a hint: the answer is yes, you can.

    That said, Apple may have perfectly legitimate reasons for not wanting to use the GPLv3, but an imaginary prohibition on commercial software isn't one of them!

    1. Re:Could the summary be more terrible? by arivanov · · Score: 4, Interesting

      Kind'a. It prevents Apple using the software commercially within its business methods and business strategy.

      Apple is a known "patents at dawn" company. That does not fit the GPLv3 mutual assured destruction patent clauses.

      So while other companies can use GPLv3 commercially, Apple cannot do so. It will be in violation of the license the next time it tries to lob a patent nuke which is something it does on a regular basis.

      Unfortunately, Apple is not alone here. Nearly all big companies are in the same position and they will follow suit. While I understand RMS aims and ideas here, that is really not the way. GPL should not be a replacement for court, legislation and enforcement.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    2. Re:Could the summary be more terrible? by Anonymous Coward · · Score: 1

      I get that, but the summary is still just plain wrong.

      The GPLv3 does not prohibit commercial use, period. The GPLv3 tries to prevent patent warfare, sure. Those are really not the same thing, although businesses do combine them, as you point out.

      I suspect the summary didn't say "The more strict GPLv3 license, which prevents Apple from engaging in patent warfare over GPLv3 software" because accuracy wouldn't have suited the author's bias.

    3. Re:Could the summary be more terrible? by Microlith · · Score: 1

      within its business methods and business strategy

      Necessarily, since those methods and strategy are inherently anti-freedom.

      Nearly all big companies are in the same position and they will follow suit.

      Indeed, it's too bad they have so much power and that they insist on locking down computing in the most restrictive ways possible. But then, there's no point to having FOSS when the end user is completely barred from taking advantage of it.

    4. Re:Could the summary be more terrible? by Nethemas+the+Great · · Score: 1

      You mean this one?

      You have a GPL'ed program that I'd like to link with my code to build a proprietary program. Does the fact that I link with your program mean I have to GPL my program?

      Not exactly. It means you must release your program under a license compatible with the GPL (more precisely, compatible with one or more GPL versions accepted by all the rest of the code in the combination that you link). The combination itself is then available under those GPL versions.

      If so, is there any chance I could get a license of your program under the Lesser GPL?

      You can ask, but most authors will stand firm and say no. The idea of the GPL is that if you want to include our code in your program, your program must also be free software. It is supposed to put pressure on you to release your program in a way that makes it part of our community.

      You always have the legal alternative of not using our code.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    5. Re:Could the summary be more terrible? by VGPowerlord · · Score: 1

      I get that, but the summary is still just plain wrong.

      If you had RTFA, you would have known that part of the summary was an exact quote from the article. In other words, it's the article that's wrong.

      <Insert anti-Mac user spiel here>

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    6. Re:Could the summary be more terrible? by Draek · · Score: 1

      Unfortunately, Apple is not alone here. Nearly all big companies are in the same position and they will follow suit. While I understand RMS aims and ideas here, that is really not the way. GPL should not be a replacement for court, legislation and enforcement.

      True, but people have been trying to repel software patents in the US for well over a decade, without a single measure of success.

      The GPLv3 solution isn't ideal, but it's still better than just gritting your teeth and taking it from the patent holders.

      --
      No problem is insoluble in all conceivable circumstances.
    7. Re:Could the summary be more terrible? by KugelKurt · · Score: 1

      Apple is a known "patents at dawn" company. That does not fit the GPLv3 mutual assured destruction patent clauses.

      That's bogus. The GPLv2 has the same patent clause. In v3 the wording is just different but the meaning is the same.
      The real difference -- and that has already been written many times here -- is the anti-Tivo-ization clause that would force Apple to either stop signing binaries or hand over the keys.

    8. Re:Could the summary be more terrible? by Draek · · Score: 1

      No, both of those deal exclusively with propietary programs, doesn't say anything about commercial or non-commercial distribution. Perhaps English isn't your first language and got those terms mixed up? you may want to try the FSF Europe website instead, as it's available on languages other than English.

      --
      No problem is insoluble in all conceivable circumstances.
    9. Re:Could the summary be more terrible? by Anonymous Coward · · Score: 0

      Apple distributes products (apps for iOS devices, amongst others) which rely on cryptographic signatures to be usable. End-users would need the appropriate signing key to implement the software on their device, which would make it required under GPLv3 to distribute them.

      This rather defeats the point of using a key in the first place.

      It is, then, better to divest themselves of all GPLv3 products (in their opinion) rather than accidentally be caught later in an unexpected situation where they may be forced to divulge information (such as the signing keys) that need to be held confidentially in order for those keys to work in the appropriate manner.

    10. Re:Could the summary be more terrible? by Nethemas+the+Great · · Score: 1

      I'm not sure why I am but, I'll bite...

      I know precisely what I'm talking about. Taking a collection, or even a single GPL product and placing it on a disc for sale is not what the overwhelming majority of people are talking about when they refer to commercial distribution of a product that uses GPL'd software. They are talking about their own products enabled by open-source technologies, such as libraries, or middleware. They have absolutely no desire to share the source nor communicate domain knowledge that would enable their competition. Many--regardless of their own position--are encumbered by NDAs signed with other companies.

      The GPL acts in the legal sense like a virus. Anything I write for commercial purposes--which is to say I intend to limit distribution to licensed copies (purchased)--that links to GPL'd source, or by other means boxes up my work with GPL'd software in a manner that they are viewed as a single product then my product becomes infected and must be released under a GPL compatible license. Under these terms even distributing a GPL'd web server with my commercial product to be hosted on it becomes a playground for lawyers. Maybe I need to modify a configuration file on the server. Oh, jeez now I have to distribute the source-code for the server because I modified it. Nobody wants the expense nor hassle and most definitely not the legal ambiguity.

      If I am required to invest thousands if not millions of dollars of my company's money into R & D for a product then release the source code and what ever domain knowledge it communicate. I've given my competitor one heck of a gift and left myself without the ability to pay my employees' wages.

      --
      Two of my imaginary friends reproduced once ... with negative results.
    11. Re:Could the summary be more terrible? by Anonymous Coward · · Score: 0

      While I understand RMS aims and ideas here, that is really not the way. GPL should not be a replacement for court, legislation and enforcement.

      Let's say one released software under the GPLv3 and the license terms were violated; where would one go to get redress?
      Perhaps one would ask the court for enforcement of the copyright legislation the violator is breaking?

      And who's talking about aims and ideas? I thought this was the way every company enforced all of their licenses?

    12. Re:Could the summary be more terrible? by Draek · · Score: 1

      Ahh, whatever, haven't fed trolls in a while.

      I know precisely what I'm talking about. Taking a collection, or even a single GPL product and placing it on a disc for sale is not what the overwhelming majority of people are talking about when they refer to commercial distribution of a product that uses GPL'd software. They are talking about their own products enabled by open-source technologies, such as libraries, or middleware. They have absolutely no desire to share the source nor communicate domain knowledge that would enable their competition. Many--regardless of their own position--are encumbered by NDAs signed with other companies.

      Sucks for them. See what IBM is doing with open source? illegal under a non-commercial license such as CC-NC. See what Red Hat is doing? same thing.

      Propietary does not equal Commercial, and if you refuse to acknowledge that simple fact you come across as a troll or shill looking to spread FUD.

      The GPL acts in the legal sense like a virus. Anything I write for commercial purposes--which is to say I intend to limit distribution to licensed copies (purchased)--that links to GPL'd source, or by other means boxes up my work with GPL'd software in a manner that they are viewed as a single product then my product becomes infected and must be released under a GPL compatible license. Under these terms even distributing a GPL'd web server with my commercial product to be hosted on it becomes a playground for lawyers. Maybe I need to modify a configuration file on the server. Oh, jeez now I have to distribute the source-code for the server because I modified it. Nobody wants the expense nor hassle and most definitely not the legal ambiguity.

      Which is why you only use software out in the Public Domain, right? oh, wait, you don't, you prefer to live in la-la land of blissful ignorance instead. Here's a hint: if you're liable under the GPL, you're liable under propietary licenses and for thousands-of-dollars settlement at minimum; you ain't getting away with merely ceasing to redistribute your product as with the FSF so if you come out without declaring bankrupcy you'd best thank your lucky stars.

      If I am required to invest thousands if not millions of dollars of my company's money into R & D for a product then release the source code and what ever domain knowledge it communicate. I've given my competitor one heck of a gift and left myself without the ability to pay my employees' wages.

      Better than be forced to declare bankrupcy and live the rest of your life paying the settlement to Big Corp, isn't it? yes, yes it is.

      --
      No problem is insoluble in all conceivable circumstances.
    13. Re:Could the summary be more terrible? by Anonymous Coward · · Score: 0

      yes it should !

      software licensing is the answer to societies problems silly.

    14. Re:Could the summary be more terrible? by Anthony+Mouse · · Score: 1

      Unfortunately, Apple is not alone here. Nearly all big companies are in the same position and they will follow suit.

      I don't think this is really the case. In fact, Apple is in almost a unique position here -- most companies that would be bothered by something like this would never have contributed anything to an open source project in the first place.

    15. Re:Could the summary be more terrible? by asdf7890 · · Score: 1

      would force Apple to either stop signing binaries or hand over the keys

      Or pay the project for permission to use the software under some different licensing?
      Though that might not be possible, as with a large project with many regular maintainers and even more occasional patch submitters it can be difficult to know who owns what unless all contributors have signed copyright waivers so the project owns everything in that respect.

    16. Re:Could the summary be more terrible? by Anonymous Coward · · Score: 0

      The anti-tivoization clause is also just different wording, to prevent the alternative interpretation that Tivo lawyers came up with.

      AFAIK, the Tivo case hasn't been tested in court, so nobody knows if a judge would actually agree with Tivo on the loop hole. The GPLv3 happened because the FSF lawyers looked at the arguments, and thought there MIGHT be a possibility for different interpretations. Lawyers don't like "might" and "maybe" when they're the ones writing the terms (of course when they're the ones doing the interpreting, they love things that can be twisted).

      When I read the GPLv2, it was quite clear that what Tivo is doing is against the rules. However, I'm not reading it with the mindset of a lawyer trying to find even the tiniest hole.

    17. Re:Could the summary be more terrible? by Edam · · Score: 1

      Apple *can* use GPL'ed software. Their business strategies are their own choices. So they may not *want* to. But they still *can*.

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
    18. Re:Could the summary be more terrible? by juasko · · Score: 1

      Get real?

      To tell you the truth, I never felt so locked in when i tried to use Linux, With Windows, I expect to be locked in, not with linux. But where I've been free to do what ever I want has been with the Mac.

      I feel locked in when standards are not supported. On windows side I just have to mention HTML, but there are more examples. On open source system, I just have to say MPEG. On the mac I have neither of those problems, I'm free and the best of all, I'm legal.

    19. Re:Could the summary be more terrible? by Anonymous Coward · · Score: 0

      Your definition of virus matches any distribution license. Try selling copies of Windows that don't adhere to your distribution license with Microsoft, and see how long it takes before you're in court. Heck, try doing it without a distribution license, like TPB does.

      If you license something, the final product ALWAYS need to adhere to whatever terms you licensed it under.

    20. Re:Could the summary be more terrible? by mikechant · · Score: 1

      I feel locked in when standards are not supported. On windows side I just have to mention HTML, but there are more examples. On open source system, I just have to say MPEG.

      Huh? Surely you're not trying to imply that it's in anyway difficult to *play* (or transcode to/from) mpeg files in Linux, when support for these and all common music and video formats is typically a couple of clicks away in a new Linux install.
      Or are you referring to editing these files? Maybe to the fact that a lot of people think the current Linux video editors are inadequete? But then that's a video editing issue, not specifically an mpeg issue.
      Or do you mean that you don't dare install mpeg support in Linux because it *might* violate some software patent? If it that's then you really shouldn't run any software at all because it all probably violates someone's crappy patent.

    21. Re:Could the summary be more terrible? by juasko · · Score: 1

      Yeah i know x264 is there with its library etc. But hey editing viewing converting same shit isn't it. So why the trouble?

  14. Re:GPL is the problem by lga · · Score: 1

    I think you have a good point there. In trying to place extra restrictions and obligations on free software GPL3 will actually reduce the usage of said software. It's the coders choice, of course, but I think GPL3 is a bad choice.

  15. Re:GPL is the problem by Superken7 · · Score: 0

    Wow, really thoughtful. Thanks for sharing those deep arguments against the grandparent poster. Almost convinced me!

    Truth is, for better or worse GPL *IS* restrictive. Projects should use it if they want to, with its consequences.
    In this case, not mixing up GPLv3 software with commercial software VS more restrictive conditions that might imply people stop using it, or even worse, contributing back to it.
    (correct me if I'm wrong)

  16. So manually install it...big deal by node808 · · Score: 0

    It is silly to move it to GPLv3 because now Apple developers will no longer contribute to samba. Otherwise, it's a non issue...just install it yourself.

    1. Re:So manually install it...big deal by juasko · · Score: 1

      couldn't agree less.

  17. Re:GPL is the problem by brunascle · · Score: 1

    if you try to promote freedom and free code

    That's the thing, the GPL isn't about free code, it's about free software. It's about the end user's freedom, not the developer's. That's what differentiates it from the BSD license.

  18. GPL is not the problem. by RyuuzakiTetsuya · · Score: 2

    Errr. what?

    I don't completely understand the problem here.

    The GPLv3 issues in this particular case shoot way over my head. But, the GPL isn't the problem.

    WP7 isn't being supported by ZTE and other bulk low-to-mid-end OEMs because of it's licensing requirements(namely, money; and the fact that WP7 hasn't moved a lot of phones).

    h.264 is being cross licensed mostly due to patent AND compatibility issues. GPL isn't the core of this issue. Getting sued by the MPEG LA is.

    GPL is the solution. If you want your source to be available and don't care what happens to the binary, go GPLv2. If you care about the binary and have RMS like thoughts about "Freedom" and computing go for the GPLv3. The GPL is a legal boilerplate that allows developers the freedom-as-in-freedom to have a legal backing so they can have their wishes respected when it comes to what happens to their code.

    What Apple's doing is simply respecting the spirit of the GPL v3. If you really want Samba in Lion server, you can build it yourself from source in Lion after installing Xcode. If you really want Samba, you'll probably know how to do this, and if you don't, you'll probably want to know how to do this anyway.

    --
    Non impediti ratione cogitationus.
    1. Re:GPL is not the problem. by Anonymous Coward · · Score: 1

      If Apple really wanted Samba, they could have licensed a special version under different terms....

      No problem with the GPL, assuming Samba is owned by one entity of course and assuming they are willing too.

    2. Re:GPL is not the problem. by tlhIngan · · Score: 2

      h.264 is being cross licensed mostly due to patent AND compatibility issues. GPL isn't the core of this issue. Getting sued by the MPEG LA is.

      MPEG-LA can't sue you. Individual patent holders can - they're a licensing authority - they offer a bunch of patent licenses for a set fee to everyone. You are free to implement your own h.264 stuff and not license the patents from MPEG-LA, instead opting to license the patents individually from all the patent holders. Of course, licensing that many patents is going to be difficult and there'll always be an idiot licensor that doesn't want to license to you, so most companies pay MPEG-LA to just get it over with because it's cheaper than doing it yourself.

      I really wonder what the problem is though - why does Samba going GPLv3 affect OS X, especially since it included it as GPLv2 before? The only big difference is the anti-TiVoization thing, which isn't an issue since I don't think samba's a signed/encrypted binary anyhow. Or did samba also go Affero GPLv3 or one of the other alternative GPLv3 licenses?

      There's got to be more to the story - what part of the GPLv3 now makes it incompatible? Was some of the Samba libraries LGPL'd before?

    3. Re:GPL is not the problem. by icebraining · · Score: 1

      assuming Samba is owned by one entity

      It isn't, they don't require copyright assignment to the project. If they want to distribute under a different license they need to contact each contributor and if any refuses they have to rewrite his/her code.

      http://www.samba.org/samba/devel/copyright-policy.html

    4. Re:GPL is not the problem. by Jeremy+Allison+-+Sam · · Score: 5, Informative

      Samba isn't owned by one entity, and so re-licensing under special terms isn't possible. It's one of the advantages (or disadvantages, depending on your point of view :-) of having distributed copyright ownership.

      I won't say who offered, but tridge was once offered a multi-million deal to "sell" Samba to a networking company (a long time ago, before people understood what Free Software/Open Source really meant :-).

      Jeremy.

    5. Re:GPL is not the problem. by AvitarX · · Score: 1

      If I had to guess the GPL3 issue is Apple TV, and Tivoisation.

      It could also involve wanting to keep open the option to sue other GPL3 projects wrt patents (I think that causes a license loss under GPLv3).

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    6. Re:GPL is not the problem. by king+neckbeard · · Score: 1

      No, the copyright holder can always offer it under another license. However, if you aren't the copyright holder, you can't sublicense it like you can with for example the X11 license. When there are a lot of copyright holders, getting an exception is going to be quite difficult.

      --
      This is my signature. There are many like it, but this one is mine.
    7. Re:GPL is not the problem. by RyuuzakiTetsuya · · Score: 1

      Unless the entire police force shows up, you usually don't get arrested or beaten by everyone who's in the entire police force. But it's OK to say, "I was beaten/arrested/etc. by the cops."

      Besides, this is all speculation, until Lion ships, we have no idea if Samba's even going to be left out of Lion.

      --
      Non impediti ratione cogitationus.
    8. Re:GPL is not the problem. by boxwood · · Score: 1

      Well the update of the GPL from version 2 to version 3 was to close the hardware loophole that device makers could use to circumvent the spirit of the GPL while still complying with the letter of the agreement. Say my company builds a device and we load it with some GPL software. I can make modifications to the source so that it will take advantage of hardware that my device has. I then lock down the device so that the user can't update the software on it. Now I give the source back to the project that I got it from. I'm complying with the GPL because I did release my modified source code, but this source code is ultimately useless to the project, as they have no way to make changes and test those changes on my device. In effect there is no difference between me handing over the source and keeping the source close within my company.

      The GPLv3 requires that if I distribute a binary compiled from GPLv3 source on a device that I have to also give other developers the ability to update that binary so that they can make further changes to the source and test it on my device.

      The philosophy behind the GPL is that anyone should be able to look at the source and make modifications to it. Sure we can look at the source of the Samba that Apple uses, but if we make changes to it and compile a new binary with our changes, we can't actually run that binary on Apple hardware because Apple likes to keep its stuff locked down.

      I haven't bought windows in a while, but it used to be you could get the cheaper Home Edition or the more expensive Professional Edition. The only difference between the two is that the Professional Edition allowed you to log on to a domain, but the Home Edition didn't. Apple could come up with a similar scheme, just make a modification to the Samba source to not allow domain logins and charge $10 more to enable that feature. The source for both crippled version and the fully functioning version would be available for free, but since the hardware is locked down so that you can't install the binary, you have to pay for the update.

      If you look at the Samba source and make a change that adds a cool new feature, you aren't going to be able to use that awesome new feature on an Apple product because they don't allow you to change the binaries. Maybe someday they decide to add that feature to on their next update, but then maybe they don't. The point is Apple has control over the software and not the user. And that goes against the spirit of the GPL.

      It all comes down to a philosophical difference between the GPL and how Apple operates. The GPL is about being open and free, while Apple likes to keep things locked down. Not making any judgement about either philosophy, they both have merits. Some people like their hardware locked down because then they don't have to worry about doing something wrong and screwing it up. Some people like to tinker with things and add new features and capabilities.

      So Apple doesn't use GPLv3 code and RMS doesn't own an iPhone. Its not about one being right and the other wrong, its about each having a different philosophy. Keeping things locked down works for Apple. Updating the GPL to prevent companies from locking down GPL code works for the Samba team. So they each go their separate ways.

    9. Re:GPL is not the problem. by Rakarra · · Score: 1

      If Apple really wanted Samba, they could have licensed a special version under different terms....

      Hell, they only needed to fork the last GPLv2 release and work off of that. Assuming of course that they're interested in maintaining a fork of Samba from now until forever, rather than just doing it themselves, which it seems they've decided to.

  19. Re:GPL is the problem by Superken7 · · Score: 5, Informative

    woops, OK. It appears GPLv3 allows commercial use. The summary got it wrong? (surprise!)

  20. Re:GPL is the problem by OzPeter · · Score: 1

    True freedom is letting people do what they want.

    And under the GPLv3, you can still do whatever YOU want. The exception comes when you redistribute, because at that point it's not YOU using it, it's SOMEONE ELSE.

    If a developer in the forest offers to distribute 3rd party GPLv3 code, and no-one is there to see this, has a GPLv3 violation occured?

    --
    I am Slashdot. Are you Slashdot as well?
  21. Re:GPL is the problem by Anonymous Coward · · Score: 0

    True, but other licenses, like BSD, allow others to place restrictions on what you can do.

  22. Re:GPL is the problem by MSG · · Score: 4, Insightful

    Seriously, if you try to promote freedom and free code, you have to allow people to use it how they want.

    No, sir, you are confusing liberty with "no charge" free.

    The BSD license is free as in beer. A proprietary software developer may take BSD licensed software and use it as the basis for a project of their own without sharing code in return. The users of his software have less liberty to the software's use. That developer exchanges nothing of value for the code that he received.

    The GPL license is free as in liberty. Developers who wish to base products on existing GPL software must agree to maintain the liberty of the derived software's users to use the software with the same liberties that the developer did. This is an exchange of something of value: the developer contributes their own code in exchange for receiving the GPL code.

    GPL software is not intended to be free of charge to developers who wish to reuse it. Developers who choose the GPL software do not intend to provide their labor without charge to others who will not contribute in return. The GPL promotes liberty, not freeloading.

  23. Article and summary get it wrong by Anonymous Coward · · Score: 4, Insightful

    "However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially. "

    Nothing in the GPLv3 prohibits using the software commercially, unless that means taking software that others wrote and released and making it unfree.

    As for all the posters who will say now that the GPL is too restrictive and actually has nothing to do with freedom - yes it restricts the freedom of the person distributing the software in either its original or a changed version but only exactly to the extent necessary to guarantee that the person who receives the software gets the same extent of freedom as the original software allowed. The freedom to take other people's freedom away is certainly some kind of freedom, but probably not the kind that the creators of Samba wanted to promote.

    It is actually an intended consequence of the GPL to keep companies that want to distribute software in a restricted way (e.g. on "locked" phones where they control what you can install, and probably soon enough on "locked computers" under the pretense of security) from doing this with GPLed software. That Apple cannot use the software for such purposes puts free software and hardware at an advantage and increases the cost for Apple of taking away people's freedom.
    Presumably, the developers that put their code under the GPL wanted exactly that.

    1. Re:Article and summary get it wrong by smelch · · Score: 1

      In what way would Apple be taking anybody's freedoms away by using the GPL code and not GPLing their code? The original GPL code is still around. This is the fundamental flaw in most pro-GPL arguments. Face it, its a viral license that is not free. BSD, now there is a license.

      --
      If I can just reach out with my words and touch a butthole, just one, it will all be worth it.
    2. Re:Article and summary get it wrong by king+neckbeard · · Score: 1

      If they released the derivative code under a proprietary license, it would be restricting the freedom of end users. For example, end users would not be legally allowed to redistribute the derivative code. Also, 'viral' isn't appropriate language, as it's closer to 'treating' the 'disease' of copyright, although only legislation could 'cure' it.

      --
      This is my signature. There are many like it, but this one is mine.
    3. Re:Article and summary get it wrong by aristotle-dude · · Score: 2, Interesting

      Nothing in the GPLv3 prohibits using the software commercially, unless that means taking software that others wrote and released and making it unfree.

      Really? What does DRM and keys have to do with the source code? If you take a binary created by GPL'ed code and then sign in with a key, what does that have to do with the original source? How is that different that compiling a binary, saving it in a password projected zip file? If you contribute any changes made to the actual code the binary is based on, shouldn't that be enough? I would argue that GPLV3 is a violation of copyright law. I should be free to take GPL'ed code, compile it into a binary, burn it onto a CD, defecate on that CD and then run over it with a truck if I want to. I would argue that how the binary is packaged is of no business to the original copyright lowers and it is an overreach of their rights under copyright law. I should be allowed to package it how I see fit as long as I contribute any source code changes needed to compile the same binary.

      I would argue that there is no need for GPL Version 3 and that Version 2 is the better license. GPL Version 3 will the the undoing of many projects in the FOSS movement as more companies realize that they have been screwed over by the projects they contributed to in good faith when it was under GPL Version 2.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    4. Re:Article and summary get it wrong by Desler · · Score: 1

      You do realize that removing copyright wouldn't make business open source their code right? They may no longer be able to stop you from DISTRIBUTING copies of the program or trying to painstakingly reverse engineer it but it wouldn't compel or obligate them to release their source. All eliminating copyright will do is let them use all that previously GPLed code in a closed source program and there's anyone could do to stop them. All your "user freedom" will be gone in a flash if copyright ceased to exist.

    5. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      And it takes away my freedom of a user who cant use said software on the device of choice. IE iPhone. I want to use VLC on it, but can't because of GPL over the distribution method. So I lose out as a end user. No I dont want to use VLC on Android or other devices my choice my freedom of choice is my iPhone. But sadly good open source software cant be used. So ive lost my freedom of access and use to the software unless I play the political game and dump the iPhone for a Android which isnt freedom of choice either if thats the only way I can obtain the software.

    6. Re:Article and summary get it wrong by yeshuawatso · · Score: 1

      Excellent point. What a few nerds (because nerds and lawyers are the only ones who care) forget is that the GPLv3 came as a result of companies like Apple and, more specifically, Tivo abusing the GPLv2 by providing the code but forcing signed applications to prevent people from making changes on the devices utilizing the binaries. Furthermore, Apple has NEVER been a friend to FLOSS, just a large cooperator. It was just a means to an end; they're just as bad as Microsoft.

      You show me three applications that Apple created and distributed as FLOSS without it being a FLOSS fork or FLOSS to begin with, and I'll change my opinion. Otherwise, FLOSS devs, you might want to switch from that Mac soon, as it may not work the same in the near future.

    7. Re:Article and summary get it wrong by Microlith · · Score: 1

      I want to use VLC on it, but can't because of GPL over the distribution method.

      False. If you jailbroke it and installed it yourself, you could. The problem comes with distribution via the App Store, which places additional restrictions on you that violate the GPL.

    8. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      Screwed over? You realize that you are still free to license your work under all GPL versions, even v1 if you so desire? If anybody is doing the screwing, it will be the developers who "upgrade" to v3 without fully understanding the ramifications.

    9. Re:Article and summary get it wrong by int69h · · Score: 3, Insightful

      What does DRM and keys have to do with the source code?

      What good is source code if you can not run binaries created from that source code?

      I should be free to take GPL'ed code, compile it into a binary, burn it onto a CD, defecate on that CD and then run over it with a truck if I want to.

      You're free to defecate on as many CDs as you like as long as you don't try to pass them off to others without following the terms of the license.

      I would argue that how the binary is packaged is of no business to the original copyright lowers and it is an overreach of their rights under copyright law. I should be allowed to package it how I see fit as long as I contribute any source code changes needed to compile the same binary.

      You are completely bound by the wishes of the author if you want them to give you the right to distribute their works. Remember you have no innate right to distribute someone else's copyrighted works no matter how much you stomp your feet about it.

    10. Re:Article and summary get it wrong by yeshuawatso · · Score: 1

      The binary is a result of your original copyright, making it a derivative work and still under the copyright of the original owner. You may own the physical 1s and 0s of the binary, but you don't own the right to redistribute it without the permission of the copyright owner.

      Contribution isn't the problem. The problem is redistribution. By redistributing the original or any derivative works, you're stomping on the copyright owner's right to COPY. If you want to zip the resulting binary, burn it to a disc, defecate on that disc, then run over it with a truck, that's your right as owning the media. When you give that damaged smelly disc to someone else, then you've become a distributer and you must provide the source and that ZIP's password to the derivative work that you COPIED. How you packaged a derivative work is a concern to the copyright holder only if you intend on distributing the derivative work you packaged. By redistributing my work or any derivative there of without my consent, you are violating my right to copy (that's why they call it copy-RIGHT).

      GPLv3 was a response to corporate abuse of FLOSS released under the GPLv1&2. Furthermore, "good faith" contributors weren't contributing to be nice, they were doing so to comply with the license. Look at derivative projects that have been commercialized under more loos licensing. It's damn hard to find the sources for these changes since the derivative author isn't required to give you the changes. Also, "good faith" contributors keep their contributions until well after they've released their derivative work to the public. Sometimes, the original copyright owner has to take these "good faith" abusers to court to get them to comply. Lynksys anyone? Look at the problems KDE had with Apple and their KHTML fork we call webkit. Apple would take almost a year to contribute their changes back up the pipe. Their was no real desire for joint development, it was Apple's way of means to an end. It's nothing personal against the developers, it's just business.

    11. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      Nothing in the GPLv3 prohibits using the software commercially, unless that means taking software that others wrote and released and making it unfree.

      That's not at all what the GPL does. I cannot claim ownership of your code. I cannot restrict what you do with your code. Your code remains free as long as you are willing to supply it. Copyright guarantees that, not GPL.

      GPL is about restricting what I can do with my code. If my code interacts with your(GPLed code) in certain ways, you are claiming rights to it. The "certain ways" are strangely defined since there is very little difference in code execution once it gets the data (from a memory location, a file, a pipe or a socket) but the GPL claims ownership in some of those cases. If you've ever written tests with stubbed out data methods, you'd see how arbitrary those lines are.

      If the GPL were about protecting your code, all that would be required is that I make your code available if I ship it in any form. However that is not what it says. It also says that I must give them my code too.

    12. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      The code contributed under a GPL Version 2 license is still around. It's just that newer releases use GPL Version 3. So nobody got screwed when they contributed code to a GPL Version 2 project.

    13. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      I would argue that there is no need for GPL Version 3 and that Version 2 is the better license.

      Is that you, Linus?

    14. Re:Article and summary get it wrong by BitZtream · · Score: 1

      Hence why its called viral. It restricts freedom.

      Example:
      BSD licensed code called Project A.
      I make Project AB, don't distribute the source.
      Users have lost no freedom, they can still get Project A and all its source OR they can get Project AB with my modifications but not the ability to change my modified version. No freedom is lost because they didn't have my project before I created it. They have only gained the option of running my binaries. They DID NOT LOSE THE OPTION TO USE PROJECT A as my license does not effect it, and can not.

      GPL licensed code, called project C.
      I make Project CD, I have lost the option to NOT distribute MY CODE because I'm basing it on GPL code which more or less requires make my code GPL (could use some other compatible license, but you're still basically using GPL due to its very specific restrictions like not being able to add additional restrictions, which means I can't give anyone else the option of not being as restricted as GPL either) as well.
      The user has lost the freedom to use my code completely because I have no intention of giving out my changes, so I just won't do it with GPL code.
      Project CD will simply never exist in reality.
      IF I DID continue with Project CD, the user would have the option of doing neat stuff with my code to ... but I won't be continuing, and neither is Apple.

      There is a time and place for both licenses, and my point isn't which one is better for your own social agenda, my point is that while you gain one type of freedom for the end user with GPL, you do so at the cost of losing any developer who doesn't want to follow the rules of GPL, which is pretty much anyone who wants to make a living by writing code rather than any of the rarely profitable ways to turn GPLd code into a profit center.

      Its more or less impossible to 'sell' GPL'd software since anyone who has it can simply recompile it and give it away at cost, using my work without giving anything back. Basically, it wants everyone to live in a hippy commune. Which is fine for those people who want to do so, but they'll soon find themselves starving to death since those of us who DO actually DO THE WORK feel no need to support a bunch of free loaders.

      There is a middle ground between GPL and BSD that would allow both sides to benefit, but Stallmen isn't going to be the guy promoting it, and most BSD followers aren't really going after the money anyway.

      Not that you brought it up, but I don't feel like posting again ... Its not like GPL code 'gets more contributions back' because of GPL, it gets contributions back because people don't want to continue applying their changes to new releases of the GPL code and patching everything up every time. Interestingly enough, BSD code bases get code back for ... THE EXACT SAME REASON. An intelligent developer knows that submitting his patches back to the upstream project (and getting them accept) saves him/her the effort of maintaining those patches and keeping them in sync.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    15. Re:Article and summary get it wrong by BitZtream · · Score: 1

      So by false, you mean true. You just blamed it on the other person, you didn't change the actual outcome. I have to do more work because GPL grants me freedom ... awesome.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    16. Re:Article and summary get it wrong by BitZtream · · Score: 0

      I'll show you three OSS projects that Apple created right after you show me 3 OSS projects that aren't copies of something already done before.

      Show me 3 original OSS packages and I'll show you 3 original Apple OSS packages.

      Note: I drop the FL from your OSS because other than public domain there is no Freedom or libre, only restrictions. The FL part is just marketing bullshit in an attempt to make people think something that is entirely untrue.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    17. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      The thing is that you don't own the code, and that you can not impose YOUR rules to other people's code.

      And yes, there is reason for GPL3. Just google for it.

      And yes RMS has proved to be right; what he said 20 years ago is now true. What about you?

      Posting as A.C. because I am afraid of America. Aren't you?

    18. Re:Article and summary get it wrong by StormReaver · · Score: 1

      Really? What does DRM and keys have to do with the source code?

      I should be allowed to package it how I see fit as long as I contribute any source code changes needed to compile the same binary.

      Compiling the source code into a binary does you no good if you can't actually run the compiled program on the targeted platform due to digital restrictions requiring a signing key. GPLv2 addressed this implicitly, but GPLv3 addresses this explicitly.

    19. Re:Article and summary get it wrong by aristotle-dude · · Score: 1

      I want to use VLC on it, but can't because of GPL over the distribution method.

      False. If you jailbroke it and installed it yourself, you could. The problem comes with distribution via the App Store, which places additional restrictions on you that violate the GPL.

      Jailbreaking requires destruction of BSD jails which means that third party code no longer runs in a secure sandbox environment leaving the iOS device far more remote exploits and malware installed from untrusted repositories. Your "solution" to the problem is to force people to destroy the fundamental security model. How is that freedom of choice if I would have to compromise my device in order to access software?

      The GPL version 3 places additional restrictions/requirements on the end user which are unreasonable. The end user does not give a crap about the GPL. It is a license covering the work (that being the source code), not the binary. I do not agree with the concept that binaries are derivative works. Derivative works would require extension/changes to code but simply taking the source code and running it through a compiler creates a binary. That is what compilers do. The binary is the logical outcome of a compile. The copyright of the "code" still remains with the authors of that code but the binary belongs to whomever created it.

      If you don't want to share code then simply don't share the code. It is that bloody simple.

      To make it as clear as possible to you, if I, as an end user download a binary, I am only bound by the distribution terms from the person or organization that supplied me the binary and neither the GPL or BSD licenses have any control over what I do with that binary since it is not an end user license. I could in theory do an end run around an author at least temporarily by having a third party compile a binary for me, and I could sign it with a developer key and put it on the appstore. The original authors of the source code could do a taken down based on copyright but I would not be in violation of the GPL because I was the recipient of the binary and not the source code. The GPL might give me the right to have access to the source but it cannot force me to download the source.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    20. Re:Article and summary get it wrong by bryonak · · Score: 1

      It's about the "letter of the GPL" vs "spirit of the GPL", and how the former has now caught up with the latter since the playing field changed (cue: Tivo).
      The whole point of licensing code as Free Software is not to license it just for the code's sake, but to protect the usage of that code.

      I hope this addresses your first three question marks...

      As for "... companies realize that they have been screwed ...", why would that be?

      The GPLv3 is designed to support commercial usage. It is however not designed to support proprietary usage. These two concepts are orthogonal. *
      As already posted, Apple would be perfectly fine to continue using SAMBA (GPLv3), since there is not a single technical/legal reason against it with their current usage pattern. This of course may change in case they move OSX to a more iOS-like model...

      * Of course there are companies who tie those two closely together. We can only hope that they go out of business soon </inflammatory> ;)

    21. Re:Article and summary get it wrong by tibit · · Score: 4, Insightful

      If you take a binary created by GPL'ed code and then sign in with a key, what does that have to do with the original source?

      AFAIK, the anti-TIVOization clause in GPLv3 means that if, say, OS X were to run only signed Samba binaries, anyone should be able to get the signing keys just if they ask nicely. The sprit of GPLv3 is that not only you must get the sources, but you must also have a way of modifying the software and getting it to run as a replacement. On OS X for example it's currently impossible to replace the bundled Samba component and have OS X recognize it as a valid system component (due to signing). It is OK as far as GPLv2 is concerned, but not for GPLv3.

      I just don't get the argument about GPLv3 somehow being contrary to the U.S. Copyright Law. Do remember that GPLv3 is a license: it gives you extra rights that you otherwise don't have as they by default remain with the copyright holder. If you don't like the terms: do as Apple did, don't use it. That's all there is to it.

      --
      A successful API design takes a mixture of software design and pedagogy.
    22. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      It restricts freedom.

      No. It ensures freedom.

    23. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      The GPL has *always* been about the end users right to modify the code running on their machines to make in suit their needs better. Having access to the source code is completely useless if you can't run the modifications on the chosen device. You are thinking about it from a developers perspective - GPL is about an end users perspective.
      The GPL is grants additional privileges and restrictions above copyright. If you don't like the terms you can revert to normal copyright terms which say you can't redistribute code which doesn't belong to you.

    24. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      The FL part is just marketing bullshit in an attempt to make people think something that is entirely untrue.

      It's rather ironic, then, that the entire sentence of yours above is just bullshit.

    25. Re:Article and summary get it wrong by king+neckbeard · · Score: 1

      They DID NOT LOSE THE OPTION TO USE PROJECT A as my license does not effect it, and can not.

      Yes, but they don't have the freedom to redistribute and modify Project AB, which they would have absent the 'disease' of copyright.

      Basically, it wants everyone to live in a hippy commune. Which is fine for those people who want to do so, but they'll soon find themselves starving to death since those of us who DO actually DO THE WORK feel no need to support a bunch of free loaders.

      It's in line with hippies, but it's fairly close to approximating a laissez faire market like good ole capitalists like in a 'local area', instead of that socialist copyright system, which is a government attempt at trying to "promote the progress" for the benefit of society. That's why I say it's like a treatment. Some symptoms of copyright remain, but they've been partially eliminated. Now, it has some side effects, but virtually all treatments do, and even the BSDL has some side effects. You and I have to stroke Theo de Raadt's ego via attribution when we get or distribute a copy of OpenSSH.

      --
      This is my signature. There are many like it, but this one is mine.
    26. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      The point of the GPL is that users be able to inspect, modify, and USE the source code. Signed binaries without providing keys takes away that freedom from end users. Yes, GPL is less free than other licenses, and GPL3 even less free, because they dictate that if you distribute, you have to leave complete freedom open to those downstream from you.

      The problem is that downstream users from you can't compile the same binary and use it, because they can't sign it. Even by your stated criteria "should... as long as I contribute any source code changes needed to compile the same binary", this poses a problem.

    27. Re:Article and summary get it wrong by king+neckbeard · · Score: 1

      It would not mean that they would release source code, that's true. I am not that personally concerned with the legal right to source code myself, and consider it more of a courtesy thing than something that should be legally obligated, just like attribution. And of course, one has to consider how business models would adapt in the absence of copyright. If the proprietary model was no longer sustainable with copyright, then adopting a FOSS model might happen out of necessity.

      However, even if the majority of large corporations did remain proprietary, it in no way inhibits the ability for a project like Debian to exist and share free software.

      --
      This is my signature. There are many like it, but this one is mine.
    28. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      People who contribute to a FOSS project that is GPL v2 that transitions to GPLv3 can always ask for their copyrighted code to be removed from the source; I suspect any reasonable project would happily comply by replacing said code forthwith...

    29. Re:Article and summary get it wrong by IQgryn · · Score: 1

      DRM and keys prevent you from using your version of the software on that device. It does you no good to be able to change it if you can't use the changes. The developers have decided they don't like that idea, and GPL 3 ensures that anyone who wants to lock their device down like that will have to use some other software, instead of taking something open source and locking it down too.

      There's nothing to stop Apple or anyone else from implementing something compatible; it just can't be the same code.

    30. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      Really? What does DRM and keys have to do with the source code?

      Simple. You can't compile your own modified version and replace the old one but that's the idea of GPL.

    31. Re:Article and summary get it wrong by toriver · · Score: 1

      Well, if you want to give a GPL-ed App Store app to someone else (i.e. distribute it), you can just drag a copy of it from iTunes onto the desktop and send that to whomever you choose. Of course, they cannot RUN the program unless you authorize their machine to use your account... but getting software (distribution) does not guarantee you are able to run it (provided "as is" and all that). If someone sent me a GPLed Android app it would do me no good since I have no device to run it on...

    32. Re:Article and summary get it wrong by Rich0 · · Score: 1

      I would agree that this aspect of GPLv3 might be contrary to US Copyright Law in the same way that 99% of EULAs are contrary to the law.

      However, US courts have generally upheld EULAs, which means that like it or not they probably would uphold the GPLv3.

      Oh, and if an IT-oriented company like Apple were to argue against the GPLv3 on those grounds to defend a license violation, they could find their arguments turned around the next time they try to sue somebody for running a legally-purchased copy of OSX on non-Apple hardware, or selling devices running said configuration. If Apple actually won against GPLv3 they could set a precedent that actually fundamentally damages their own business model.

      For this reason, Apple would never challenge the GPL v3.

    33. Re:Article and summary get it wrong by int69h · · Score: 1

      I would agree that this aspect of GPLv3 might be contrary to US Copyright Law in the same way that 99% of EULAs are contrary to the law.

      There is a huge difference. The GPLv3 grants the user more rights than they would ordinarily have under copyright law if they abide by the terms. 99% of EULAs attempt to further restrict the users rights.

    34. Re:Article and summary get it wrong by yeshuawatso · · Score: 1

      OK:

      Google Wave Protocol
      CERN httpd
      WorldWideWeb

      Two of which enabled a phenomenon to spread.

      Your turn.

    35. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      What good is source code if you can not run binaries created from that source code?

      It can be educational. I've read incomplete sections of code that wouldn't even compile and learned something. Running a compiled binary is only one form of benefit. Gaining ideas on how to better design or implement something is another.

    36. Re:Article and summary get it wrong by mikechant · · Score: 1

      I have to do more work because GPL grants me freedom ... awesome.
      No, you have to more work because you bought a locked-down device which actively prevents you from installing the software you want. Do you also blame the writers of the many 'censored' apps when you can't download them? You've chosen a walled garden policed by Apple. Live with it or Jailbreak, don't try to shift the blame.

    37. Re:Article and summary get it wrong by Anonymous Coward · · Score: 0

      The point of the parent was that companies will start to avoid GPLv3 software, which hurts both the companies and the adoption of open source software. And free software will only work well if it takes over the world (unless you consider the current state of affairs, with Apple's OS and programs being closed, and everything related to Microsoft closed a good state of affairs).

  24. Prevents Tivoization by pavon · · Score: 5, Informative

    Yeah, that was my first reaction as well. The summary is flat out wrong the way it is worded, but there are legitimate licensing issues.

    The problem is with the iPhone, not OS X (yet). If you distribute binaries covered by the GPLv3 on a device, the license requires you to provide any signing keys, or other information/tools required to run modified versions of the software on the device. The iPhone requires all applications to be signed, and does not provide signing keys to it's users, thus they can't use GPLv3 software (like samba) on iOS.

    They probably figure it is easier to maintain a single SMB/CIFS implementation rather than two, so they are ditching it on OS X as well (or they have other plans for OS X that we are not aware of yet).

    1. Re:Prevents Tivoization by drinkypoo · · Score: 3, Insightful

      The problem is with the iPhone, not OS X (yet). If you distribute binaries covered by the GPLv3 on a device, the license requires you to provide any signing keys, or other information/tools required to run modified versions of the software on the device. The iPhone requires all applications to be signed, and does not provide signing keys to it's users, thus they can't use GPLv3 software (like samba) on iOS.

      Who wants to run Samba on their iPhone? I mean, a lot of people, of course. But for the mainstream user who will not jailbreak, this is not even that interesting. However, if they should expect you to run iOS on your desktop, suddenly it becomes relevant. This is just one of many preludes to the eventual death of OSX and its replacement with iOS. OSX may continue to exist as a workstation OS, but I doubt it, because who takes OSX seriously in the enterprise? It's something you have forced upon you, not something you add to your network on purpose.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Prevents Tivoization by iluvcapra · · Score: 5, Insightful

      The summary is flat out wrong the way it is worded, but there are legitimate licensing issues.

      They probably figure it is easier to maintain a single SMB/CIFS implementation rather than two, so they are ditching it on OS X as well (or they have other plans for OS X that we are not aware of yet).

      Just about all of the binaries in /System on a Mac OS X site are signed by Apple to prevent tampering, either by the user or Eve trying to installing a rootkit. They probably don't want to turn over the signing keys for those, because they definitely don't want Eve patching their system, and as far as Apple engineers are concerned /System should have a big sticker on it reading "No user serviceable parts inside."

      --
      Don't blame me, I voted for Baltar.
    3. Re:Prevents Tivoization by tepples · · Score: 1

      Who wants to run Samba on their iPhone? I mean, a lot of people, of course. But for the mainstream user who will not jailbreak, this is not even that interesting.

      As a server? Not a lot of people. As a client? I can think of plenty who would want to be able to transfer things to and from a Windows share.

    4. Re:Prevents Tivoization by Anonymous Coward · · Score: 0

      Interesting point, but you're neglecting a key user group Apple will not want to alienate: developers.

      If you have to develop for iOS on iOS.. Well... "Pinch to retain an NSObject" just doesn't work. :-) Maybe they expect to sell much less over time, but I don't think we'll see the desktop OS disappear anytime soon.

    5. Re:Prevents Tivoization by jedidiah · · Score: 1

      While it is certainly true that samba support would be a dandy thing in an iPhone, it is clearly something that Apple has no interest in.

      It is therefore entirely irrelevant for this discussion.

      No one seriously thinks that CIFS will end up in PhoneOS. H*ll, CUPS didn't even end up in PhoneOS and that's something that Apple "owns".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:Prevents Tivoization by robmv · · Score: 1

      and what could be considered Tivoization on the Mac OS X world? Make OS X a locked platform like iOS, that will be the kind of move that will not allow GPL3 commercially on OS X

    7. Re:Prevents Tivoization by DrgnDancer · · Score: 1

      I'm not 100% sure, but doesn't iPad iOS allow file sharing? I don't have one, so I can't easilly verify. That might be the larger issue if I'm correct.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    8. Re:Prevents Tivoization by Anonymous Coward · · Score: 0

      Mac OS X currently has no signature checks of binaries. It will eventually (perhaps already in Lion), but then most likely the requirement be that they are signed by any valid CA, not just Apple, and you will be able to install your own CA cert and/or run self-signed binaries. Put shortly, it's a very different case from iOS, where all executed code must be signed by Apple. On Mac OS X there will not, in any forseeable future, be a problem of running your modified version of a GPLv3 program, thus Apple is free to ship GPLv3 binaries, in /System or elsewhere. On iOS, you cannot (without the approval of Apple), hence the problems with GPLv3.

    9. Re:Prevents Tivoization by shutdown+-p+now · · Score: 1

      Thank you for actually explaining what this is all about.

      So, does this mean that OS X also needs to be "jailbroken" for more extensive modifications? Or is the signature checking code trivially circumventable without having the signing key?

    10. Re:Prevents Tivoization by Anonymous Coward · · Score: 0

      Oh gods yes, OSX a serious contender for enterprise use? Puh-lese! Who wants a stable *nix backend with a nice graphical frontend that has commercially packaged software? Why would anyone ever want to run anything but the latest nightly build of Gentoo or Debian or perhaps Windows in a VM for those pesky times when you need a piece of software not offered by the open source community. Perish the thought.

      In case your sarcasm meter is severely borked you should have guessed that I'm making fun of you.

      I work for a company that serves one of most visited sites on the web. Most of the engineers here use OSX as their personal workstation. There are many reasons for this, but mainly it's simply because OSX is the best choice for our needs. Your zealotry, no, bigotry against any OS is just plain stupid. When Windows offers the best solution for a problem - use it. When Linux is that solution - use that. When it's OSX - use that. You keep your silly prejudices though. When it comes time to interview for that next position your intransigence about the main product of a major industry player will speak volumes as to your value as a technologist.

    11. Re:Prevents Tivoization by Anonymous Coward · · Score: 0

      You think there is / will be Samba on the iphone ?

      My guess would be that Apple plans to implement a "secure" bootloader for OSX (like the one on the iphone)...

    12. Re:Prevents Tivoization by CharlyFoxtrot · · Score: 1

      Apple are clearly aligning their codebases and they consider iOS to be their future. It makes sense they would want to avoid contributing to something they couldn't move into iOS if they wanted to, better to move into something that is compatible with their strategy as soon as is practical.

      --
      If all else fails, immortality can always be assured by spectacular error.
    13. Re:Prevents Tivoization by Anonymous Coward · · Score: 1

      Just about all of the binaries in /System on a Mac OS X site are signed by Apple to prevent tampering, either by the user or Eve trying to installing a rootkit. They probably don't want to turn over the signing keys for those, because they definitely don't want Eve patching their system, and as far as Apple engineers are concerned /System should have a big sticker on it reading "No user serviceable parts inside."

      Just how Windows works. All system .exe:ss and .dll:s are signed by Microsoft. And this is a good thing.

    14. Re:Prevents Tivoization by NoSig · · Score: 2

      Give the user the option of adding keys that his system will accept in some way that Eve can't make happen without physical access to the system. Make it technical enough that Joe Sixpack can't be prompted to do it by a virus because the instructions will be too complicated. Problem solved. Except it isn't, because signing code isn't just about keeping the user safe, it's about profiting from limiting the options of the user. Apple doesn't want anyone else competing with them on selling apps for the iphone. That is what this is really about.

    15. Re:Prevents Tivoization by j+h+woodyatt · · Score: 1

      There is a code-signing facility in Mac OS X.

      It's optional for 3rd-party applications, but many of the system components make use of it. If people want to run Samba on Mac OS X, there is this thing called MacPorts where you can find its port of Samba, plus lots and lots and lots of other GPLv3 software, and none of it requires an Apple code signature to run.

      That may or may not be what you want. Choose wisely.

      --
      jhw
    16. Re:Prevents Tivoization by iluvcapra · · Score: 1

      It's a good question. Here's what I see:

      $codesign -d -vvv /System/Library/CoreServices/Finder.app/
      Executable=/System/Library/CoreServices/Finder.app/Contents/MacOS/Finder
      Identifier=com.apple.finder
      Format=bundle with Mach-O universal (i386 ppc7400)
      CodeDirectory v=20001 size=24901 flags=0x0(none) hashes=1239+3 location=embedded
      CDHash=9a32c3a71f9de9de433274fd9a047ffd93b3d96f
      Signature size=4064
      Authority=Software Signing
      Authority=Apple Code Signing Certification Authority
      Authority=Apple Root CA
      Info.plist entries=19
      Sealed Resources rules=8 files=213
      Internal requirements count=0 size=12

      It might be as easy as trusting a self-signed certificate, but I suspect all the bits and pieces check on each other and you'd have to tweak and re-sign a lot of different binaries for which you have no source code.

      --
      Don't blame me, I voted for Baltar.
    17. Re:Prevents Tivoization by pavon · · Score: 1

      I was speaking under the assumption that Apple would want to add this very useful feature to the iPad someday. Although that is probably delusional considering they won't even add a USB port to it :)

    18. Re:Prevents Tivoization by tomtomtom · · Score: 1
      Except that the anti-tivoization clause only applies to "User Products" and is more about where you'd actually be prevented from using modified copies (vs. having to install it in a different way). From the GPL FAQ:

      I use public key cryptography to sign my code to assure its authenticity. Is it true that GPLv3 forces me to release my private signing keys?

      No. The only time you would be required to release signing keys is if you conveyed GPLed software inside a User Product, and its hardware checked the software for a valid cryptographic signature before it would function. In that specific case, you would be required to provide anyone who owned the device, on demand, with the key to sign and install modified software on his device so that it will run. If each instance of the device uses a different key, then you need only give each purchaser the key for his instance.

      My impression is that the problematic part of the GPLv3 is the "patent retaliation" clause.

    19. Re:Prevents Tivoization by sessamoid · · Score: 1

      Give the user the option of adding keys

      Stop right there. Apple is making devices that are easy to use and require very little technical expertise. The rest of your post is irrelevant after that start.

      --
      "No, no, no. Don't tug on that. You never know what it might be attached to."
    20. Re:Prevents Tivoization by Anonymous Coward · · Score: 0

      OSX may continue to exist as a workstation OS, but I doubt it, because who takes OSX seriously in the enterprise?

      Facebook and Google come to mind.

    21. Re:Prevents Tivoization by Anonymous Coward · · Score: 0

      The folly of your post can be rephrased as: "Who would want to share files with their phone?"

    22. Re:Prevents Tivoization by tibit · · Score: 1

      I'm not a fanboy, I don't own any iDevices, I only have my workhorse '07 Macbook Pro, and I love OS X. I would be very upset if they intended to drop it. I'd gladly pay more for an OS X license than for a Windows 7 license, since to me the former has way more value in terms of usability.

      --
      A successful API design takes a mixture of software design and pedagogy.
    23. Re:Prevents Tivoization by NoSig · · Score: 1

      You didn't understand the part where Apple wouldn't really want such a feature to be actually used by Joe Sixpack Apple User, or in fact anyone, so your post itself is irrelevant.

    24. Re:Prevents Tivoization by lennier · · Score: 1

      it is clearly something that Apple has no interest in. It is therefore entirely irrelevant for this discussion.

      Yes, that attitude on Apple's part is what makes it incompatible with the GPL3.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    25. Re:Prevents Tivoization by compro01 · · Score: 1

      The only time you would be required to release signing keys is if you conveyed GPLed software inside a User Product, and its hardware checked the software for a valid cryptographic signature before it would function

      That sounds exactly like a certain Apple product. Without jailbreaking, you cannot run non-signed code on iOS, which runs afoul of that clause. If they simply have an option to add your own certificate or run unsigned code, they would be in compliance, but they don't want to do that, probably due to them making promises to media companies or something.

      They probably also don't like the patent retaliation clause either.

      --
      upon the advice of my lawyer, i have no sig at this time
    26. Re:Prevents Tivoization by drinkypoo · · Score: 1

      As a server? Not a lot of people. As a client? I can think of plenty who would want to be able to transfer things to and from a Windows share.

      Somebody stop me if I'm wrong, but isn't there such a thing as GPLv2-licensed libsmbclient code? It may not be the latest and greatest but it ought to serve for that purpose.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    27. Re:Prevents Tivoization by lennier · · Score: 3, Insightful

      all of the binaries in /System on a Mac OS X site are signed by Apple to prevent tampering...by the user

      Right, so removing the user's freedom to change their system and locking their hardware to a single OS would be exactly what is violating the clear intention (and now the letter) of the GPL. Sounds like the GPLv3 is working perfectly, then.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    28. Re:Prevents Tivoization by lennier · · Score: 1

      Or ast Frost/Stallman might put it:

      "I'm saying if the user does it, it's not tampering!"

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    29. Re:Prevents Tivoization by dreamchaser · · Score: 1

      So features that a lot of people might want and that could be useful are irrellevant just because Apple isn't interested? That statement of yours right there underscores exactly why a lot of people have a distaste for Apple. "Do it our way, shut up, and LIKE it," seems to be their mantra these days.

    30. Re:Prevents Tivoization by s4m7 · · Score: 1

      Apple doesn't want anyone else competing with them on selling apps for the iphone. That is what this is really about.

      it has nothing whatsoever to do with competing for apps on the iphone.

      --
      This comment is fully compliant with RFC 527.
    31. Re:Prevents Tivoization by NoSig · · Score: 1

      That's a very convincing argument you've got there. I wonder why people have to jailbreak their iPhones if Apple actually don't care about locking down the iPhone?

    32. Re:Prevents Tivoization by pipedwho · · Score: 1

      The summary is flat out wrong the way it is worded, but there are legitimate licensing issues.

      They probably figure it is easier to maintain a single SMB/CIFS implementation rather than two, so they are ditching it on OS X as well (or they have other plans for OS X that we are not aware of yet).

      Just about all of the binaries in /System on a Mac OS X site are signed by Apple to prevent tampering, either by the user or Eve trying to installing a rootkit. They probably don't want to turn over the signing keys for those, because they definitely don't want Eve patching their system, and as far as Apple engineers are concerned /System should have a big sticker on it reading "No user serviceable parts inside."

      ...and we know what happened the first time Eve combined an Apple with a little social engineering and subsequent rooting.

    33. Re:Prevents Tivoization by konohitowa · · Score: 1

      Since Apple provides BootCamp support, I'm not sure as I see how they're locking their hardware to a single OS. You're free to run something else.

    34. Re:Prevents Tivoization by pipedwho · · Score: 1

      all of the binaries in /System on a Mac OS X site are signed by Apple to prevent tampering...by the user

      Right, so removing the user's freedom to change their system and locking their hardware to a single OS would be exactly what is violating the clear intention (and now the letter) of the GPL. Sounds like the GPLv3 is working perfectly, then.

      As far as OSX is concerned, nothing locks the hardware to the OS (maybe the other way round, but that isn't the issue). And any GPL2 code that is signed and run in the Apple /system folder can be modified, recompiled and run unsigned in userland or another OS. It just can't be modified, recompiled, and run unsigned as OSX /system software.

      So, yes the GPL3 may be 'working', but only if your definition of 'working' is: failure to provide a usable license platform to allow a company such as Apple (or Microsoft) to use protected system level software that is under that license.

      IMO the GPL2 hit a sweet spot that encouraged development on two fronts - as a userland application supported by the masses of the open source community, and as a protected system level application that is supported by a commercial entity (or entities). And it forces all commercial players to release their changes back to the community.

      No one is going to develop or support a source tree that they can't actually use or benefit from. And if 'signed' changes made to a pre-existing GPL2 project by a commercial entity are useful in any way, the new source code can still be ported to be useful in an open operating system. So, no the GPL3 is probably not working as intended - unless the intent is to stunt the sharing and development of source code between the commercial and community sectors.

      It is not reasonable to expect an OS developer like Apple or Microsoft to leave gaping security holes in their systems just so they can use some GPL3 source code.

    35. Re:Prevents Tivoization by metacell · · Score: 1

      Actually, there are many end-user apps available for the iPhone which provide SMB functionality, like File Sharing or ezShare. And that's as an SMB server, not just a client. This is so you can use your iPhone as a wireless substitute for a USB drive - just connect it to the WiFi and it will appear as a network share.

    36. Re:Prevents Tivoization by jbolden · · Score: 1

      Well you are already at 5. I've been doing the GPL vs. BSD stuff, but this should be the lead comment since it clearly explains the why.

    37. Re:Prevents Tivoization by jbolden · · Score: 1

      I hate to tell you this but Apple does give you that option. You can get the right to sign keys for up to 99 iphones / ipads with the iOS SDK. iTunes is the interface and the only interface. You have to provision the device and application first.

      This already exists pretty much exactly like you want.

    38. Re:Prevents Tivoization by foniksonik · · Score: 1

      If I ran a business I'd be running to Apple for my entire ecosystem as much as possible. The happiest users at the company I work for all have OSX. The least happy all run Windows. Who will be more productive?

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    39. Re:Prevents Tivoization by Rich0 · · Score: 1

      Well, they could just use a different signing key for Samba, so that there is no general harm in disclosing it.

      But yes, GPLv3 was specifically designed to interfere with companies that treat software modified by the end-user differently than that provided by a vendor/etc.

    40. Re:Prevents Tivoization by Rich0 · · Score: 1

      They don't need to make it easy, and the average user need not be aware the feature even exists.

      How many casual OSX users run an xterm or whatever? And yet, the capability exists, as it should.

      GPLv3 doesn't require that software distributors make it EASY to modify their software, only that they make it possible without having to brute-force RSA or whatever.

    41. Re:Prevents Tivoization by Wovel · · Score: 1, Insightful

      GPLV3 will eventually kill off many significant FOSS projects. If that's what your after, grata.

    42. Re:Prevents Tivoization by tomtomtom · · Score: 1

      Sure... but we're talking about Samba on OS X here, not on iOS (even GPLv2 is incompatible with the app store terms).

    43. Re:Prevents Tivoization by drinkypoo · · Score: 1

      GPLV3 will eventually kill off many significant FOSS projects. If that's what your after, grata.

      If they're not really trying to provide me with freedom, then they deserve to die. Sooner or later someone will develop a truly Free version that does the job. And we may move the marker again, and it may die. Welcome to the process we call progress.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    44. Re:Prevents Tivoization by drinkypoo · · Score: 1

      "Do it our way, shut up, and LIKE it," seems to be their mantra these days.

      It has been always thus. It will be always thus. Apple has always been the "Our way or fuck off" company. Microsoft has always been the "You will be assimilated" company. IBM is the "Bigger than government" company. Apple gets away with their attitude because their way is pretty good, but now they want to be the moral guardians and it ain't that kind of party.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    45. Re:Prevents Tivoization by Duradin · · Score: 1

      "Sooner or later someone will develop a truly Free version that does the job."

      And next year will be the year of linux on the desktop.

    46. Re:Prevents Tivoization by drinkypoo · · Score: 1

      I've said it before and I'll say it again, the desktop is being deprecated rapidly. Soon only pros and hardcore gamers will even need one. Quad-core ARM with a decent GPU in a phone with Mini-HDMI out? Yes, please.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    47. Re:Prevents Tivoization by slycrel · · Score: 1

      Unfortunately only through iTunes.

    48. Re:Prevents Tivoization by NoSig · · Score: 1

      So a normal iPhone that you buy in a store as a non-developer does not have that option. It's not that I want them to add that option, I'm pointing out that Apple has a loop-hole for them to comply with the GPL. But they don't because then they'd lose control.

    49. Re:Prevents Tivoization by ceoyoyo · · Score: 1

      Macs aren't locked to a single OS. They run Windows or Linux or whatever else just fine. The issue seems to be that you either run OS X, as distributed, or you run something else. And the license for one component, Samba, conflicts with that. So Apple is going to make their own.

    50. Re:Prevents Tivoization by jbolden · · Score: 1

      Yes a normal iPhone has that option. There aren't developer iPhones. You buy the iOS SDK and add your device and install anything you have source for.

    51. Re:Prevents Tivoization by NoSig · · Score: 1

      You missed the non-developer part. You are saying that you can buy something extra to add an option. That does not work to satisfy the GPL.

    52. Re:Prevents Tivoization by jbolden · · Score: 1

      Sure it does. Back before free compilers were the norm, people had to buy their compilers. Providing source does not require you to provide the compiler to execute that source. Effectively the iOS compiler is commercial. I can distribute my source code for that compiler, satisfying the GPL without needing to distribute the actual compiler itself.

      Under your theory you couldn't have a GPLed Visual Basic application.

    53. Re:Prevents Tivoization by snuf23 · · Score: 1

      iWork supports WebDAV. Most other applications require syncing through iTunes.

      --
      Sometimes my arms bend back.
    54. Re:Prevents Tivoization by Kitkoan · · Score: 1

      Both Facebook and Google uses Linux, not OSX.

      --
      Attention... all grammer nazi"s! Is they're anything; wrong with: my post,
    55. Re:Prevents Tivoization by NoSig · · Score: 1

      Cool, so I could build my own compiler for the iPhone that unlocks my iPhone and Apple wouldn't act against me?

    56. Re:Prevents Tivoization by jbolden · · Score: 1

      You are mixing up two things:

      a) Unlocking
      b) Ability to run your own applications

      Locked phones can run your own applications via. the iOS SDK. You can plug another compiler into XCode or reverse engineer the various security files. That's not illegal it is openly sold and distributed by Apple. Not only that you can distribute your applications to other specific iPhones, up to 98 of them. That has nothing to do with unlocking.

    57. Re:Prevents Tivoization by NoSig · · Score: 1

      That has nothing to do with unlocking.

      Thank you, so we agree.

    58. Re:Prevents Tivoization by jbolden · · Score: 1

      So how does this not satisfy the GPL which was your claim?

    59. Re:Prevents Tivoization by NoSig · · Score: 1
      You may want to read up on the GPL version 3. From http://www.gnu.org/licenses/quick-guide-gplv3.html

      Protecting Your Right to Tinker

      Tivoization is a dangerous attempt to curtail users' freedom: the right to modify your software will become meaningless if none of your computers let you do it. GPLv3 stops tivoization by requiring the distributor to provide you with whatever information or data is necessary to install modified software on the device. This may be as simple as a set of instructions, or it may include special data such as cryptographic keys or information about how to bypass an integrity check in the hardware. It will depend on how the hardware was designed—but no matter what information you need, you must be able to get it.

      This requirement is limited in scope. Distributors are still allowed to use cryptographic keys for any purpose, and they'll only be required to disclose a key if you need it to modify GPLed software on the device they gave you. The GNU Project itself uses GnuPG to prove the integrity of all the software on its FTP site, and measures like that are beneficial to users. GPLv3 does not stop people from using cryptography; we wouldn't want it to. It only stops people from taking away the rights that the license provides you—whether through patent law, technology, or any other means.

      If Apple allowed GPL 3 software on the iPhone, then they would have to make it possible for me to change that software on my actual iPhone without any additional conditions. A payment is one such additional condition. You can charge for GPL 3 software, but you can't first deliver it and then require a charge to live up to the requirements of the GPL 3. If the SDK was free and freely redistributable then maybe there wouldn't be an issue, but clearly Apple don't want that since then competitors could set up competing app stores for the iPhone.

    60. Re:Prevents Tivoization by jbolden · · Score: 1

      Under your theory of the GPLv3 do you believe you can ever redistribute a GPLv3 application which requires Visual Basic Ultimate to compile?

      If no, I think you are being consistent.
      If yes, then how is the situation any different? I'm still unclear how you see the SDK as being different than the paid compiler.

      ____

      Now here is how I would respond. I'm not sure Apple is the one violating the license.

      A creates some GPLv3 software.
      B takes that GPLv3 software along with other software and releases an iOS application. B explicitly licenses Apple to redistribute under the terms of the Apple app store.
      Apple redistributes making no changes but does add one cryptographic piece of data.
      C buys the application at the app store. As already mentioned Apple does provide means for C to install modified code but they do have to buy the SDK to do it.

      Now I would argue:
      1) C clearly doesn't have the right to sue for copyright violation because C doesn't have copyright.
      2) B clearly doesn't have the right to sue for copyright violation because B quite explicitly had to engage in activities for development which imply active consent to Apple's distribution form. Its impossible to develop an application for iOS that runs on any devices without using the provisioning system.

      3) (A) might have a case but its hard to see how that case isn't against B rather than Apple.

      How does A make a case against Apple?

    61. Re:Prevents Tivoization by NoSig · · Score: 1

      Whoever gives you binaries is bound by the GPL 3, so if you got them from Apple then Apple is bound by the GPL. If you didn't get binaries from Apple, but Apple is making it impossible to meet the conditions of the GPL 3, then whoever gave you those binaries did not have the right to do so since they cannot comply with the GPL 3. As a user you can sue whoever promised you to abide by the GPL 3 but then doesn't, and as a copyright holder you can sue whoever is distributing your code without abiding by the terms that you gave them to do so. This talk of the SDK is a red herring - it has nothing to do with the SDK. It has to do with the keys that you get along with the SDK. I could write my own SDK, but it wouldn't help because what I really need is the keys. The GPL 3 specifically addresses the question of keys. VB has no requirement of keys. You can write your own compiler for VB and your own virtual machine and then you don't need any MS products. There may be patent restrictions on doing so, which the GPL 3 also forbids, but that is a different issue.

    62. Re:Prevents Tivoization by jbolden · · Score: 1

      Whoever gives you binaries is bound by the GPL 3, so if you got them from Apple then Apple is bound by the GPL.

      No its not that clear cut. You are trying to make this abstract. You don't violate copyright in the abstract, its violated in the specific. That's why I asked the question the way I did. The GPL is a license. Apple is bound by the license they got from B, whatever that is. If you want to argue that the GPL conflicts with Apple's license than the violator was B in granting Apple permission to redistribute via. the Apple store. Apple has an explicit license to redistribute under the terms of the Apple store.

      Now I think what you are saying that B doesn't have an unencumbered copyright and thus couldn't grant Apple that explicit license. Which is possible, B is violating A's copyright in issuing that license. But then the infringing act is B's. Apple never engaged in an act they weren't specifically licensed to perform. So no I don't see where this obligation on Apple's part exists. B's acts, under your theory are fraud, but that fraud eliminates Apple's liability.

      Now moving back to the more general question:

      The GPL 3 specifically addresses the question of keys.

      Yes it does:
      “Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

      And the SDK meets that criteria. With the SDK you can run modified versions of code on your device. Ergo Apple has already passed to everyone information about how they can run any code, providing it is compiled with XCode on any iPhone/iPad they choose. They have already met the criteria of providing this information across the board. The piece of software required to actually do this, is commercial not GPL. But I don't see anywhere the GPL bans you from requiring commercial software to actually compile your program. This was the point of the Visual Basic example.

      Your point about you can create a Visual Basic compiler is possibly true, though I think you substantially underestimate the difficulty. Further of course you can unlock your device and run anything with the only objection being that Apple will no longer warranties it. Which is something the GPL specifically allows for, refusal to warranty modified versions.

      So no I think there are a lot of problems with arguing that Apple is violating.

      Finally in terms of the user suing, you have to claim that "Apple promised to abide by the GPL". But Apple never promises by any license for applications distributed by the application store. That's part of the general process. Again an exemption that B would have granted Apple. So if C were to sue Apple I can't see how B's license doesn't act as a shield.

      The person who is violating the license under your theory is B, not Apple.

    63. Re:Prevents Tivoization by NoSig · · Score: 1

      Apple would be violating the license as well, they just wouldn't know it. There is no "B's license" since B has no power to license other than the GPL. It is the same as if you gave me a document with Barack Obama's signature on it giving me all his possessions - I may have the paper, but that gives me no claim on Barack Obama's property because he didn't actually sign it. However it doesn't really matter because what we are discussing is if Apple wants to abide by the terms of the GPL, not if they can be tricked into taking on that responsibility - if they were tricked probably they would stop distribution of the app in question and hope not to get sued over the matter.

      It is irrelevant that making a VB compiler is difficult - what matters is that it is possible. The keys in the SDK may serve the purpose you mention if those keys were free, but those keys aren't free. The keys must be handed over unconditionally and requiring payment is an extra condition that the GPL does not allow for - otherwise you could by-pass the GPL entirely by charging a trillion dollars for the keys.

    64. Re:Prevents Tivoization by jbolden · · Score: 1

      There is no "B's license" since B has no power to license other than the GPL. It is the same as if you gave me a document with Barack Obama's signature on it giving me all his possessions - I may have the paper, but that gives me no claim on Barack Obama's property because he didn't actually sign it.

      That's not how copyright works. In US law there are 3 status you can have for a work:

      a) You hold copyright, you can do pretty much whatever you want.

      b) You have a redistribution license. That's a contract in essence which gives you some limited right to redistribute the work in whole or in part. Some aspects of this license come from the law, others automatically attach if you buy a copy; but generally they come from an explicit agreement. The GPLv3 claims to be a copyright license. Most US IP lawyers say that its actually not a license but what is called a "standard form" of a contract. That means a set of implied meanings and cultural assumptions that are used in a contract. Which is actually good for the Free Software Community since it means things like the FSF FAQ actually have legal weight.

      But the important thing about standard forms is they apply whenever the written license is unclear about something. In the case of B's actions there is an explicit license that is not unclear.
      i) B is agreeing by uploading to license Apple.
      ii) Apple is not agreeing to abide by any terms of any license outside the Apple Store license.
      iii) Ergo B cannot assert that Apple needs to provide special access.

      c) You can be unlicensed which means you cannot redistribute.

      My argument is that:

      A is the copyright holder.
      B got a license from A, which includes the right to relicense.
      Apple has an explicit license from B. You can argue that B may not have the right to grant that license to Apple but that's B's violation not Apple's.
      C is unlicensed until they have the SDK, once they have the SDK they are licensed.

      It is irrelevant that making a VB compiler is difficult - what matters is that it is possible. ... but those keys aren't free. The keys must be handed over unconditionally and requiring payment is an extra condition that the GPL does not allow for - otherwise you could by-pass the GPL entirely by charging a trillion dollars for the keys.

      Yes except for one thing. That's the same charge you would incur whether you want to install modified version or an unmodified version of B's source on your device. The GPLv3 says I can't require additional conditions, but its not an extra condition for installing B's binary. That's the charge B had to incur for example. Apple isn't charging C anything more than it charged B. Where is the extra condition for modification? There is nothing extra there, B's code is dependent upon a commercial piece of software to work. The is not an analogous situation to Tivo.

      Lets eliminate the compiler issue and the Apple Store issue and make it even more general:
      G writes a GPLv3 piece of software.
      H writes a GPLv3 piece of software using G's code that requires commercial component X to run.
      J sells commercial component X, owns copyright.

      How is J bound by the GPLv3? J never contracted with G. J has no responsibility for G's code. As far as I can tell this is the heart of the disagreement, you are arguing that J has responsibilities under the GPLv3 and I'm trying to figure out the basis for those responsibilities. I can see a possible violation for H but I'm hard pressed to see how J is violating anything.

      H may be violating G's license terms however. Its a bit unclear even there. For example the Linux kernel has binary blogs that require commercial hardware to run.

      Now weaken it a bit:
      G' writes a GPLv3 piece of software.
      H' writes a GPLv3 piece of software using G's code that requires commercial component X to modify.
      J' sells commercial component X, owns copyright.

      Now this is less clear. Since H' is granting to everyone the ability to modify the code under the same terms he got it.

    65. Re:Prevents Tivoization by jbolden · · Score: 1

      You do have the ability to sign and run your applications. That the iOS SDK.

    66. Re:Prevents Tivoization by NoSig · · Score: 1

      That's not what the app store does. It is Apple giving you the binary when you buy things on the Apple app store, so it is their responsibility to actually have the right to distribute those binaries and they would not have that right in the case of GPL 3 software because they won't abide by the GPL 3 terms. If Apple didn't have an app store and just gave developers keys for them themselves to distribute their apps with, then Apple wouldn't acquire GPL liability however then the developers would be breaking the GPL by distributing for the iPhone where they cannot comply with the requirement to hand over the keys. In all cases you can't distribute GPL 3 software for the iPhone because there is no way to acquire the keys. It is not enough that all your customers get a free SDK from you. Those customers must also be able to distribute the software themselves, and so you would have to promise to provide free SDKs for anyone whom your customers give copies to and you can't impose limits on your customers about who they give copies to.

    67. Re:Prevents Tivoization by jbolden · · Score: 1

      In all cases you can't distribute GPL 3 software for the iPhone because there is no way to acquire the keys.

      We've already gone back and forth a dozen times about all the ways to acquire keys. A key for 99 devices is included in the SDK. You can generate a key inside the SDK. You can generate a generic key for a device. I don't understand why you keep making this claim. You can install any software you have the source for on any device you have physical access to and/or where the owner will accept a provisioning file from you.

      The situation is not analogous to Tivo.

      and so you would have to promise to provide free SDKs

      Why would you have to do that? I don't have to promise to give people free hard drives if my program writes files. I don't have promise to give them free CPUs if my program uses assembly language calls. I don't have to promise to give free licenses to Microsoft Windows if my program makes use of Microsoft Windows. iOS-SDK is a commercial compiler, until recently that was the norm.

      Anyway. Good conversation. I don't think we are getting anywhere. I think you should take a look at the iOS documentation. You are thinking about a situation that simply doesn't exist.

    68. Re:Prevents Tivoization by NoSig · · Score: 1

      There is no difference between 99 keys and 1 key or for that sake a billion billion keys. A key you pay for is not compatible with the GPL 3 because GLP 3 has language addressing keys and you can't put limitations on them such as requiring payment. The GPL 3 has no language requiring provision of a compiler or a harddisk or a cpu, so no you don't need to provide those. Keys and similar restrictions are special because the GPL 3 make them special. So yes, you can get keys from Apple, but you can't get keys in the way you must be able to to satisfy the GPL 3 - keys without conditions. You can only get a key on the special condition of payment and that's not OK for the GPL 3. I don't understand why you would think that the FSF would make a license with the objective of denying tivoization, but then allow tivo to provide keys at a price of, say, a trillion dollars. Unless you are saying that the GPL 3 has monetary amounts in it that says that 100$ is OK but a trillion dollars is not? I'm not aware of any such provision.

    69. Re:Prevents Tivoization by jbolden · · Score: 1

      The word key only appears twice. Once is a reference to things like encrypted which we both agree isn't happening in Apple's case the other is:

      “Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

      Basically all you have to do ensure that a person can execute modified code and they do. If you can compile and code for iOS you can install and execute modified code.

      As for $1T compiler, there is a concept in law when you price something so as not to sell, i.e. its not "reasonable terms" or it "onerous terms". Which obviously doesn't apply in the case of the iOS SDK as 350,000 applications show (about 13x the number in Debian). Every single one of those apps was written by somebody with the iOS SDK so the terms are clearly not onerous, and not meant to prohibit development. Heck I'm not even an iOS developer but if were to pick up the iPhone I'd want to pick up the SDK to be able to install what I want on my system. So I'm either jail breaking or getting the SDK. Heck this is becoming so standard that Macports which is the semi official (see whois entry) open source interface for Mac is bring out an automatic iOS conversion tool so you can just compile list of apps.

      Even the GPL itself allows you to charge a margin fee for transferring source code. Back in the early 90's the FSF itself charged $200 for a tape of their sources. There is a difference between $99 and $1T dollars in terms of intent.

    70. Re:Prevents Tivoization by NoSig · · Score: 1

      You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License [...]

      So if the GPL 3 says I can get a key, I must be given the key at no charge, even if I have no plans to compile anything. However, this surprised me:

      If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information.

      As far as I can tell this is the only part where the GPL 3 grants rights to keys. However, as far as I can tell, this right is only granted for software purchased together with the device on which the software is run. So if an iPhone came preloaded with GPL 3 software then Apple would have to provide keys. However a straight-forward reading of this certainly suggests that as long as you buy your GPL 3 software in Apple's app-store after you already have an iPhone, then it is fine for Apple to deny you the opportunity to modify the app you bought. That seems very strange - e.g. Tivo can then just first sell you an almost (but not quite) do-nothing Tivo device with no GPL 3 software on it, and then afterwards and separately sell you GPL 3 software that you may install for full functionality, where the Tivo device itself refuses any modified version. This scenario is exactly the same as buying additional functionality in an app-store for the iPhone. If this reading is correct then GPL 3 does not actually resist tivoization, which seems strange to me.

    71. Re:Prevents Tivoization by jbolden · · Score: 1

      Orig:
      rights granted or affirmed under this License.

      So if the GPL 3 says I can get a key, I must be given the key at no charge, even if I have no plans to compile anything. However, this surprised me:

      The catch is that's not a right granted under the license. Its simply a mechanism of installation. The iOS SDK / iTunes is the mechanism by which you install custom software. The GPL isn't granting you the right to do that, you already had that right. I can do X before I get software Y. I can do X after I get software Y. There is no granting of rights.

      Assume the Apple store didn't exist at all. Then everyone would get the iPad with a bunch of software. If they wanted anymore software they would need to install it via. the SDK/ iTunes. Everyone just has to know someone who pays a $99 / yr fee for the right to create and install their own software. Your hangup is that you keep trying to conjoin Apple as a maker of the SDK and Apple as the guys who happen to have one particular slick provisioning file called "The Apple Store".

      That seems very strange - e.g. Tivo can then just first sell you an almost (but not quite) do-nothing Tivo device with no GPL 3 software on it, and then afterwards and separately sell you GPL 3 software that you may install for full functionality, where the Tivo device itself refuses any modified version. This scenario is exactly the same as buying additional functionality in an app-store for the iPhone. If this reading is correct then GPL 3 does not actually resist tivoization, which seems strange to me.

      Except when they give you the GPL3 software they have to convey to you why the Tivo will only accept it. But you are right if they built the Tivo itself in such a way as to prevent software from installing that didn't meet some criteria, like a particularly CRC, there is nothing the GPL can do about that.

      And I agree with your analogy. That is relatively close to what Apple's doing except they are also granting you the ability to get software many other ways.

    72. Re:Prevents Tivoization by NoSig · · Score: 1

      So if the GPL 3 says I can get a key, I must be given the key at no charge, even if I have no plans to compile anything.

      The catch is that's not a right granted under the license. Its simply a mechanism of installation. The iOS SDK / iTunes is the mechanism by which you install custom software. The GPL isn't granting you the right to do that, you already had that right.

      The quote is clear: If Apple preloads GPL 3 software, then they must also provide me keys without imposing any additional conditions such as requiring a separate payment for giving me the key so that I can modify the software. That would not be true without the GPL 3, as then it is allowed for them to sell the iPhone without keys exactly as they are in fact doing now. An offer to provide a key later for a fee is irrelevant as the GPL 3 does not allow for a fee when it comes to fulfilling that obligation. I would not otherwise have the right to tell Apple "you must provide me keys now without any conditions such as a payment."

      Then everyone would get the iPad with a bunch of software. If they wanted anymore software they would need to install it via. the SDK/ iTunes. Everyone just has to know someone who pays a $99 / yr fee for the right to create and install their own software. Your hangup is that you keep trying to conjoin Apple as a maker of the SDK and Apple as the guys who happen to have one particular slick provisioning file called "The Apple Store".

      You still don't understand how it works - if anyone is required by the GPL 3 to give you keys, then they must provide them without a fee, so the existence of an offer to buy keys for 100$ simply does not have any relevance when it comes to satisfying the GPL 3 - a for-a-fee key cannot be used to satisfy the GPL 3. The upshot of that is that only Apple can satisfy the requirement of offering keys, at least if they don't want to be paying 100$ to Apple only to then have to pass that key on for free. So if someone wants to sell iPhones along with GPL3 software, then they must give you a key to modify the software if you ask for it, and they must do so for free. If "they" are Apple then Apple must give you the key at no charge, and if "they" are not Apple, they must purchase a key from Apple and then give it to you for free. It is not relevant who made the device in the first place. If someone wants to sell you GPL 3 software separate from the iPhone itself, there seems to be no requirements of keys as the anti-tivoisation clause seems to only apply to pre-loaded software.

    73. Re:Prevents Tivoization by jbolden · · Score: 1

      First off, you aren't addressing how this is an "extra". Every developer who wants to install any software has to pay for the SDK. They aren't charging you extra, they charge $99 for the right to sign software. There is nothing extra about it.

      I think we need to be a little more specific here what you mean by key. A provisioning file (remember to install an application via iTunes requires a binary plus a provisioning file) consists of 3 things:

      a) A developer key which proves you are who you say you are. That key is included with the SDK. They are charging you for the SDK, however. But again I don't accept that paid compilers violate the GPL.

      b) The device key, which comes from the end user not from Apple. If the end user registered with Apple they might have this, but this is readable from iTunes under device info among a 1/2 dozen other ways. The expectation is the end user will give you this information since in theory they are the ones who want the software.

      c) The application key which comes from XCode. That one is binary application specific, it confirms that developer X really wrote program Y. Apple can't give it to you, they won't have your private key. They do make the software to generate it available with every Mac sold (so arguably again a paid compiler), and I think the algorithm is public domain. To generate this key you must have a developer key, but in theory you can lie to Xcode and put whatever key you want in here. The catch is that a device that uses Apple for its master key will know your key is a fake.

      Thinking this through another way. Your end user is saying they will only trust Apple to confirm developer identities. You are paying $99 for a service, Apple to confirm to your end users that you are who you say you are. I don't think the GPL prohibits paying for additional services.

      What exactly do you want them to give you that they aren't giving you that they can give you, other than you want them to give you the SDK for free. And here we just have to disagree I don't see anything in the GPL that prohibits reasonable charges that literally hundreds of thousands of people have paid for. I don't consider this "something extra" they are charging you. Since they charge you this to install any piece of software.

      And also of course the end user of the software can
      a) change their master key if they wanted though I believe that would mean going to Linux since the binaries of the OS are signed by Apple.
      b) tell the system to ignore key violations / setup a situation that all keys automatically pass (a blank master key) which is jail breaking.

      But that's up to the end user, not the developer and not Apple.

      If someone wants to sell you GPL 3 software separate from the iPhone itself, there seems to be no requirements of keys as the anti-tivoisation clause seems to only apply to pre-loaded software.

      Well then let me make it a little more complex. In theory at least iPhones and iPads don't have any software "included" other than the firmware. For most end users the entire system, all the software is loaded from iTunes during initial install. And iTunes is really just providing an easy interface
      For example you can go to :
      http://appldnld.apple.com/iPhone4/061-8619.20100715.4Pnsx/iPhone3,1_4.0.1_8A306_Restore.ipsw
      and get iOS 4.0.1 and download it to your computer.

      So given that they aren't "bundling" any software in any kind of mandatory sense does that resolve the problem?

    74. Re:Prevents Tivoization by jbolden · · Score: 1

      Actually let me correct myself. No changing the master key does work without having to reinstall. I don't know the details, but that is included with the enterprise SDK which is free but only comes with something like 1000+ devices.

    75. Re:Prevents Tivoization by NoSig · · Score: 1

      Thinking this through another way. Your end user is saying they will only trust Apple to confirm developer identities. You are paying $99 for a service, Apple to confirm to your end users that you are who you say you are. I don't think the GPL prohibits paying for additional services.

      In this situation it would not be *my* rights that were in question, it would be the right of the end users to themselves modify my software and then have that modified software run on their own iPhone. So *I* wouldn't be paying 100$ to Apple, my end users would be, in order for them to exercise their right to modify and then run my GPL 3 software. Though this would only come up if Apple preloads the software, apparently.

      Suppose I'm a user who buys an iPhone with GPL 3 Samba preloaded on it (which I cannot do since Apple does not include Samba on the iPhone, but suppose). Then we have looked at a clause of the GPL 3 that says that Apple must provide me all the "installation information" if I request it. The installation information includes any keys necessary for me to install modified versions of Samba on my iPhone. So I can demand of Apple that they provide me such a key, even if I have no intention of using it or compiling anything (so I don't already have an SDK, or perhaps I intend to compile on a non-Apple compiler). Then Apple responds that they make the key available, but only as part of the SDK, and I'm free to buy the SDK at 100$. What I'm saying is that that does not fulfill Apple's GPL 3 obligations that they would take on as part of preloading Samba, because I asked them for the key that the GPL 3 says I can demand of them, and they said "we will give the installation information to you, but only if you pay us 100$ first". This clause of the GPL 3 exactly states that that is not OK:

      You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License [...]

      The GPL 3 grants me the right to demand installation information in certain circumstances. When those circumstances apply, then I cannot be charged anything when I exercise the right of demanding the installation information. What I'm demanding is not a copy of the SDK, I'm demanding the installation information and part of the installation information is a key. So Apple would not have to provide me a compiler or the SDK, but they would have to provide me a key.

      It seems that the GPL 3 is full of holes with respect to the anti-tivoization clause, so yeah, perhaps just deferring installation of the software until the first time the user logs on to the internet is sufficient to by-pass that clause entirely. However, depending on how it is done, it may be possible to argue that in some cases the deferred software was in fact bought as part of the same transaction where the iPhone was bought even if the actual installation is deferred. For such an argument to go through, it would probably be necessary for the iPhone to be a useful piece of technology in some way even without the extra, deferred software. Of course, if only the GPL 3 parts of the software were deferred, than that condition should be satisfied. I now think that the anti-tivoization clause is almost worthless at doing what it were intended to do, and I don't really understand how that can be true since the GPL 3 was heavily scrutinized before it was finalized. It seems to me that if Apple does not like GPL 3 on non-preloaded software, it is probably more to do with the patent part of the GPL 3 that says you can't sue someone for patent infringement if you yourself gave them the GPL 3 software that you are suing them for using. So I changed my mind on that account.

    76. Re:Prevents Tivoization by jbolden · · Score: 1

      Well the patent clause Apple hates. No question about it. In general the no linking to proprietary software clause they hate as well.

      Suppose I'm a user who buys an iPhone with GPL 3 Samba preloaded on it (which I cannot do since Apple does not include Samba on the iPhone, but suppose). Then we have looked at a clause of the GPL 3 that says that Apple must provide me all the "installation information" if I request it. The installation information includes any keys necessary for me to install modified versions of Samba on my iPhone. So I can demand of Apple that they provide me such a key, even if I have no intention of using it or compiling anything (so I don't already have an SDK, or perhaps I intend to compile on a non-Apple compiler).

      Ah I see. Well that they do provide its called your device identifier. And yes you have it, whenever you get an iPhone. No special key needed. Its a 40 character string easily readable from iTunes and all sorts of other programs that is your iPhones/iPad's public key. They give it to anyone who has physical access to your device. So they meet that criteria. And that is the only piece of information specific to your device. And just to cut off an objection, no developer including Apple makes use of your device's private key. Only your device makes use of that, when reading the provisioning file.

      But.... having that key doesn't do you any good. You need all 3 keys: a developer key, a device key and a key specifically generated for each binary. In a non jail broken iPhone there is no such thing as installing software that doesn't come from a developer. Your device needs to certify that:
      Application X was written by developer Y and intended for device Z; where
      Z = device you are trying to install on
      Y's identify is authenticated via. Apple's key (by default but you can change that)
      X = is authenticated by the iPhone/iPad itself

      So you can't install, nor run any software including the original GPLed Samba without these 3 pieces of information. If you want to install software on your device a developer (someone with the SDK) had to have authorized you to do it. The device has no idea whether the Samba is "modified" or not, its just checking "is it signed by a developer authorized by my signing authority" and "does this binary match what he thinks he gave me". For consumer devices, by default, the signing authority is Apple and for Enterprise devices the signing authority is your corporation.

      So you "I don't want to compile but I don't want to install" just doesn't exist on iOS. Its not a model the device supports. On iOS "installing software" is a joint task between a developer and an end user. Now I slight variant is, "I want to self sign my applications". OK you can do that but you need to register with the signing authority. They charge for that, its called buying the iOS SDK. Otherwise how do they know who you are?

      Now you can setup your own signing authority that's part of the Enterprise SDK ($299). I have no idea if in theory (like your visual basic example) you could emulate all these servers yourself. But for the purpose or argument assume if you had 100 man years you could get a home grown Enterprise SDK up and running. Then Apple isn't even your signing authority and you don't have to buy an Enterprise SDK.

      Finally of course you can tell your device not to use a signing authority at all, which I suspect does satisfy the GPLv3 in terms of keys.

      _____

      In terms of the anti-tivosation clause, I think the problem is that Apple is not really using cryptography to stop end users from installing software. The FSF simply never considered what broad based cryptographically signed applications would look like in practice because Apple is just so damn integrated. I mean could you imagine Microsoft building Visual Studio as the only sane way to create software for Windows Phones and Windows Media Player as the core interface with a Microsoft store bein

    77. Re:Prevents Tivoization by jbolden · · Score: 1

      And let me just add on GPLv3.

      I don't think Apple is really breaking the intent of the GPLv3. The GPL is designed to insure the 4 freedoms and you have each of the 4 freedoms with iOS. The whole key thing is mainly just a very strong security system: anti-virus, anti-piracy, anti-worm system.

    78. Re:Prevents Tivoization by NoSig · · Score: 1

      Now I slight variant is, "I want to self sign my applications". OK you can do that but you need to register with the signing authority. They charge for that, its called buying the iOS SDK. Otherwise how do they know who you are?

      Thanks for explaining the scheme used. If they want to keep that scheme, then that is fine, it is just that then they are unable to comply by the GPL 3 for preloaded applications and so cannot preload such applications. Of course, if they actually wanted to do so they would just give you a way to self-sign at no cost. They don't want to do that for the same reason that they don't want people to jailbreak their phones - they want to protect the iPhone you bought from being used by you in a way they don't like. A main activity they don't like you to use your iPhone for is buying apps from someone other than them, except if you give them money anyway. So I don't think we'll ever see preloaded GPL 3 software on an iPhone or similarly restricted devices.

      As for why the tivoization clause has no bite, it may be as you say that they just didn't think about it. I doubt that, though, as the FSF usually predict very accurately what bad things are coming 20 years or more before they happen. It may have been that they got a lot of bad press on the tivoization clause, as they did, and then they toned it down. I don't know. Perhaps we are misreading it.

    79. Re:Prevents Tivoization by NoSig · · Score: 1

      I don't think Apple are breaking the GPL 3 either since, as far as I know, they do not distribute any GPL 3 software preloaded on their iPhones. It is debatable if it is in the spirit of the GPL that you should be able to actually run the software you modified on the hardware you got it with, or if it is enough that you can just modify the source.

    80. Re:Prevents Tivoization by jbolden · · Score: 1

      No doubt Apple is really liking the revenue stream from the Apple store. They are proving you can make a hell of a lot of money getting 30% of $2 applications and create a massive client software market which is nice since its been about a decade since PC software has thrived. But... we can look at them more charitably.

      The reason Windows security is such a mess is not Microsoft. NT has mechanisms for excellent security and has had those since NT 3.51. The problem is they have a user base which makes dumb decisions and application developers that don't really care about security. Apple has solved this problem by implementing a very strong security system, well beyond what you normally see in secure OS, in a consumer OS and putting in an entire infrastructure to support this.

      Apple cuts users into a few groups:
      a) General users who don't know what they are doing. They use the app store and enjoy its protections. In exchange they pay Apple.
      b) Corporate end users. They get apps from the company. Apple makes their money by selling lots and lots of hardware and maybe some consulting. Its not about the $299, its about $500k plus in hardware sales and maybe consulting sales on top.
      c) The knowledgeable or those people directly supported by the knowledgeable. $100 / yr, documentation that assumes you know objective C, Xcode... they do a pretty good of filtering out people who aren't knowledgeable from this group. And of course for people who really want to self support: $299 / yr and you have to have servers on static IP addresses which does a nice job of filtering. And at $99 / yr, as you mentioned that's like 30% of $330 and most Apple users don't spend that much. So I guess they would rather sell SDKs. Its not an onerous fee but its enough that your typical iPhone user wouldn't pay it on a lark. And that allows Apple to support actual developers pretty well.
      d) Hackers. They have jail breaking for this crowd. These people can pirate software, They get their own little hacker app store (http://cydia.saurik.com/ ) with all kinds of applications that won't end up on group (a)'s machines. And if something goes wrong, while this group isn't nearly as strong as (b) or (c) they can rebuild their system without calling Apple.

      That's really a pretty nice system for practical security. And IMHO this is keeping with the spirit of the GPL. Global UI enhancements, video recording and streaming, multimedia SMS, Bluetooth file sharing, Internet tethering, and background processing. direct GPS access, and competing e-mail and Web browser clients make tech support complex. If you have those things then you are group (b), (c) or (d) and thus have an alternate support mechanism. If the system were open general end users would install this stuff, like it, but also make the platform much harder to support. People like the "it just works" but "it just works" requires Apple to be a total prick in a way that no consumer computer manufacturer has ever tried before.

      As for the applications store remember there is one other thing. The copy protection mechanism is tied to the security mechanism.

      One thing I have found interesting in this whole discussion is you've been focused on the $99 charge for the SDK. The real expense is that the SDK only runs on a Mac, so in theory you have to buy a Mac to even use this stuff.

      As for the FSF. Their website is full of a lot of misinformation and oversimplification regarding the whole Apple SDK thing. I don't think they actually understand how Apple development works.

    81. Re:Prevents Tivoization by NoSig · · Score: 1

      I agree that Apple's approach allows for a significant security improvement, so you do get some security in return for the restrictions on the device. However, I'm pretty sure that Apple would rather not have any hackers around who jailbreak their iPhone. The whole setup has very practical benefits for all concerned, and for many people those practical benefits make up for the also very real drawbacks.

      I have not read the FSF's comments about the Apple SDK, so I won't comment about that. In general the FSF tend to sound like a group of crazy people. I guess they could do with a PR department. However, the reason they sound so crazy is not that what they are saying is wrong, it is because they talk about issues that normal people haven't thought about. They don't care about practical benefits or the convenience of setups such as Apple's, and that makes them seem impractical. They only care about a decades or centuries long perspective on how technology is going to influence society, and in particular they point to how things can go very wrong, and who might bring about such a world. So they end up talking about big software companies like Apple and Microsoft as their "enemies", which make them sound crazy. However, if you take their long-view perspective, their concerns are not unfounded. They talk about "enemies" because these companies are moving the world in the direction of what the FSF fears, both technologically and in terms of influencing legislation.

      The iPhone situation today is not much of a problem - just don't buy an iPhone if you don't like, easy. Imagine a world where every device works like that, and there is a central body that has to approve you just for you to have the legal right to own a decompiler, a compiler or even a device that runs code not compiled by a legally certified software developer. The future's Fahrenheit 451 may not be burning of books, it may be that all the disapproved-of books vanish one day when it is retired from electronic devices because they are all locked down and out of your control so you can't get a device that will store an outlawed book, or if you are a developer with outlawed information on your unlocked device, you'll lose your legal license to own such devices. With that in mind it suddenly makes sense when the FSF speak of "software freedoms". Amazon has already retired already-sold books from people's Kindles without people having any way of stopping it, something the FSF was talking about more than 10 years ago before there were ebook readers of any kind. I don't think the FSF's perspective is the only perspective that makes sense, but I'm very glad that someone out there is taking such a perspective, and the FSF is the only game in town for that. It sounds crazy because their perspective is novel, because it is impractical if you just want to get on with your work right now, because people without a certain level of technological expertise can't understand the issues and it's not something you'll hear in the press.

    82. Re:Prevents Tivoization by jbolden · · Score: 1

      I agree with you on the FSF in terms of them being a good organization. I contribute for over a decade to the EFF and am friendly with Kathy Hargraves who used to be an officer with FSF. I wasn't being too critical of their editorial, I was indicating that on matters of fact regarding how Apple works they are simply incorrect, oversimplifying too much. Statements like, "iPhone completely blocks free software. Developers must pay a tax to Apple, who becomes the sole authority over what can and can't be on everyone's phones" is simply not true.

      The problem is when you combine aggressive rhetoric with factual error that really creates a severe credibility gap.

      In terms of legislation in the US and its pro corporate anti-consumer bent. I'm pretty appalled. Copyright extensions is my #1 hobby horse but the telecommunications act of 1996 was a shattering moment in terms of faith in the government. I'm no fan of the vagary of the DMCA. So again nothing to argue there.

      As far as things getting worse. During my lifetime, (born '69) thing in terms of censorship have collapsed. Services like http://www.clearplay.com/ , are very useful since they are setting precedents about the right to edit your own version of content, i.e. that everyone who owns a copy of a work has the "right to patch the copyrighted content" of that work and a limited right to redistribute. So I disagree with the general theory that things are getting worse, I think they are getting better. But yes there is movement in both directions. For example in the 1980s most employees that had a desktop system had dumb terminals, and far less freedom on their desktop than they do on a Windows machine without admin rights. The mass casette tape usage changed music freedom. The VCR and movie rental has done wonders for free video. Large hard drives have created a new world of movie freedoms.

      As far as Apple and the capability for abuse. I agree, PCs used to be very low security. Security is going way up. In all fairness though the demand for security is being caused by criminals not corporations. Spammers, virus people, credit card thieves are the ones creating this problem. Then you add on corporate IT desks that want to lock down employee systems, and media producers that want to avoid rampant piracy. But ultimately it was spam that killed open protocols like SMTP relay and Usenet not corporate greed. And I also remember reading about Stallman's The right to read where he was talking about the dangers in 1997, and I think he's a great guy for pointing out the potential for abuse.

      I see the technology companies as, on balance, doing their best to navigate a very tricky situation of individual freedom, protecting copyright and creating manageability. And I know in taking that rather optimistic perspective I'm being a bit pollyanish relative to the FSF. And there are two main reasons I don't make much heavier use of Kindle:

      a) The price is way too high for most books
      b) I see books as a long term buy and DRM schemes rarely last a decade.

    83. Re:Prevents Tivoization by NoSig · · Score: 1

      I see you have a more nuanced view of the topic than I would have guessed.

      I'm wondering how it is not true that "iPhone completely blocks free software. Developers must pay a tax to Apple, who becomes the sole authority over what can and can't be on everyone's phones". As I understand it, Apple is free to deny you developer status and then you can't obtain an SDK from them, and if you want an SDK you do have to pay a tax (well, fee). They do in fact ban open source or at least GPL 3 software from the iPhone appstore, and that means that except for the iPhones of developers who have been blessed by Apple, Apple is the sole authority on what programs is allowed on an iPhone. Jailbreaking solves these issues, but as far as I know Apple is doing their best to make jailbreaking not possible, so according to Apple's wishes there would be no jailbreaking. It is clearly written in a pointed way, but is it significantly inaccurate?

    84. Re:Prevents Tivoization by jbolden · · Score: 1

      I'm wondering how it is not true that "iPhone completely blocks free software. Developers must pay a tax to Apple, who becomes the sole authority over what can and can't be on everyone's phones".

      Well remember there are 4 mechanisms:

      a) Jailbreaking.
      b) Developer SDK, either having someone use this for you or buying one yourself.
      c) Registering with another authentication agent. That's using some one's Enterprise SDK or buying it.
      d) Vanilla system.

      I don't think its accurate to pretend that (d) is the only state given there are something like a hundred thousand Developer SDK's out there and quite a few of the enterprise and that 10% of the phones are jailbroaken. It is just false to speak as if the situation were that restrictive.

      As I understand it, Apple is free to deny you developer status and then you can't obtain an SDK from them, and if you want an SDK you do have to pay a tax (well, fee).

      In theory, yeah they can. I don't know of any examples of them denying an SDK. In practice they know your email address and that's about it. They have made no attempt to build mechanisms of control for the SDK. And yes you have to pay a marginal fee. But lets consider this:
      An iPhone is about $500. Its sold with a smart phone data package that runs about $80 / mo for 2 years. Most of these people drop another $100 or so on applications. $99 for the SDK is a marginal fee given the cost of the device. Especially since a developer SDK supports 100 users per app, we are really talking a few bucks in practice.

      Heck the FSF could just buy the Enterprise SDK for $299, set up their own authentication and let whomever wanted to use their servers. Assuming they could handle the bandwidth and wanted to take full responsibility for end user support.

      Apple is the sole authority on what programs is allowed on an iPhone.

      No its not. Apple has no idea what Enterprise users are putting on phones. And they don't have anything more than the checksum for a binary for a Developer provisioning file. They don't do anything more than authenticate the key for the developers. They do not regulate binaries.

      Talking about things people could potentially do as if they are doing them, is just false. For example, "Obama nuked Chicago" or "Bill Gates gave $1b to the Neo Nazi party" are both false statements. Apple does not regulate absolutely what you can install on an iPhone. They do force you to jump through fairly easy hoops. That's a fair statement.

      but as far as I know Apple is doing their best to make jailbreaking not possible

      No, they could just lock the firmware if they wanted to make jail breaking not possible. They could deliberately send out viruses to attack jailbroken systems. They are jawboning a bit, about jail breaking; and their openfirmware updates have been a bit dangerous for jailbreakers.

      So in short, yes I think its inaccurate.

    85. Re:Prevents Tivoization by NoSig · · Score: 1

      I think it's still true that Apple becomes the sole authority who decides what goes on an iPhone. It is just that, at this time, they are permissive about what they allow when given 100$ for the privilege. It's a bit like a king in power who currently does whatever an elected council asks him to - as long as the king plays ball it's the same thing as a democracy, but at any time that could change. The FSF is not interested in practicality right now, they are interested in what a system could be used for at some point.

    86. Re:Prevents Tivoization by jbolden · · Score: 1

      In what sense is Apple the sole authority on iOS that Microsoft isn't? Microsoft has the palladium code and Dell, HP... knows how to put a TCPA chip on a motherboard, they are already on Lenevo and only sell their OS to them. If Microsoft wanted they could tomorrow refuse to ship a version of Windows that would run without a TCPA chip. And with Palladium in place they could certify or not certify applications. Heck, the US copyright office could assert that any of the clauses in the GPLv3 is not in the national interest and wipe any protection clause out from it that Stallman worked so hard for. Could, especially could when it requires multiple changes is not the same as doing it.

      You are asserting that Apple is the sole authority. Yet how would they exercise that authority with the devices as they exist?

      The Enterprise SDKs are out there. How would they stop someone from setting up an alternate host if they got too restrictive?

      The phones are designed to update via. iTunes not over the air like most cell phones which means the firmware is writeable by the user. So in other words the security is a part of the OS you as an end user can change.

      How do they regulate the Developer SDKs given that they know nothing about who they have already sold them to and know nothing other than a checksum?

      What they would have to do is change the machine and change the development system to actually exercise control. Which is exactly the same stuff Microsoft would have to do. Apple, as the devices are currently configured, the policies currently in place does not have the ability to ban an application from being installed. They could create that ability in the sense they have the know how; but so what everyone else does too?

      A fair and true statement is:

      1) iOS requires that software be signed to install or run.
      2) that Apple is setup as the default authentication agent for keys, but the choice of authentication agent or even the existence is user configurable.

      Or in common speech.... "Apple makes it mildly annoying to install software from somewhere other than the Apple store".

      What is actually true of these devices as they actually exist that is not true of Microsoft that gives Apple this control?

    87. Re:Prevents Tivoization by NoSig · · Score: 1

      It is true that Microsoft could put a system in place tomorrow via Windows Update to prevent me from installing third party software without paying them, however Microsoft has not actually done so. Apple has put such a system in place, they are just allowing certain people to get around that system for a fee. I don't know much about the enterprise SDK, but I very much doubt that Google could buy one and then just like that set up a competing app-store for the iPhone, so an enterprise SDK can't grant the same powers as Apple has. I'm also sure that Apple has the ability to revoke previously granted keys in updates to the OS. You don't perceive the difference because you focus on the practicality of what you can do today. Though even in that perspective I don't see that Apple and Microsoft are the same. I don't need to pay Microsoft a fee or be approved by Microsoft to write software for Windows.

    88. Re:Prevents Tivoization by jbolden · · Score: 1

      It is true that Microsoft could put a system in place tomorrow via Windows Update to prevent me from installing third party software without paying them, however Microsoft has not actually done so

      And neither has Apple. Come on, we've talked about the 4 mechanisms in detail.

      I'm also sure that Apple has the ability to revoke previously granted keys in updates to the OS.

      Keys aren't stored in the OS. They revoke keys on their servers and they can revoke developer keys. Enterprise devices don't talk to Apple's servers at all.

      very much doubt that Google could buy one and then just like that set up a competing app-store for the iPhone, so an enterprise SDK can't grant the same powers as Apple has.

      Actually yes they could. But..

      a) The customers would have to deliberately connect to Google.
      b) Google now owns the support problems. Google would be agreeing to provide primary support.

      Apple is very happy to trade off Apple store revenue for no support costs.

    89. Re:Prevents Tivoization by NoSig · · Score: 1

      And neither has Apple. Come on, we've talked about the 4 mechanisms in detail.

      You've stated it many times that you don't view it like that, but that's different from it actually not being like that. All the by-passes for their system you've mentioned require either prior permission from Apple or it requires doing something with your iPhone that Apple has endeavored to make it not possible to do - it's just that they failed.

  25. Re:GPL is the problem by Anonymous Coward · · Score: 1

    I couldn't agree more. I'm a big open/free software fan, but GPL is about pushing a social agenda on other people. Free licenses that allow people to do whatever they please with the software, maybe only requiring attribution (if that), is the path to true free software. GPL should not be considered a free software license.

  26. Re:GPL is the problem by cpu6502 · · Score: 1

    Well if the code can't be used by corporations or business citizens, how is anyone supposed to make money? This GPL restriction makes no sense.

     

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  27. Re:GPL is the problem by Duradin · · Score: 1, Offtopic

    Is a good fertilizer. Don't mix it up with the good for nothing GPL.

  28. Closed ecosystem by woboyle · · Score: 3, Insightful

    Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software, or are the gatekeeper of all software, that will run on any Apple device. The only way to stop this is by voting with our pocketbooks! After this sort of behavior, I am boycotting Apple products like I am Sony's. If I purchase something, I own it and therefor have the right to use it as I see fit, not as someone else does. The way Apple wants it to work is that you are in effect leasing from them. You don't own it, and are constrained with what you can do with/to it.

    --
    Sometimes, real fast is almost as good as real-time.
    1. Re:Closed ecosystem by onefriedrice · · Score: 0

      Woohoo. Stick it to the man, bro!

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    2. Re:Closed ecosystem by gbrandt · · Score: 5, Insightful

      Doubtful. If that was the case then GCC would not have been replaced with Clang and LLVM. And Apple would not have put LLDB into the open source domain.

      Apple just does not like the GPL, but they have no problem with the BSD-style licensing.

      Gregor.

    3. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Why did you have to say something irrelevant? Is a user now prohibited from installing Samba on their own?

    4. Re:Closed ecosystem by vadim_t · · Score: 1

      Well said

    5. Re:Closed ecosystem by ediron2 · · Score: 1

      Yeah, it sucks -- but how is stripping purchaser rights different from every shrink-wrap license since the '80's ?

      Full disclosure: I work 95% with Linux, own Apple, Win and Lin systems, and wish Apple wouldn't do this balkanization of SMB.

    6. Re:Closed ecosystem by dingen · · Score: 1

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software, or are the gatekeeper of all software, that will run on any Apple device.

      Is there any evidence whatsoever to back this up with regard to Mac OS X? Sure, iOS is closed off tightly. But Mac OS X isn't and the next version doesn't change this one bit.

      --
      Pretty good is actually pretty bad.
    7. Re:Closed ecosystem by thestudio_bob · · Score: 1

      Judging by all of your past comments on /. it appears that you have NOT been a supporter of Apple products anyway. With that in mind, I'm not sure your "personal opinion" really has much weight. It seems to me that perhaps you are a programmer and/or perhaps a person that enjoys hacking the devices. There's nothing wrong with that, but unfortunately you don't fall within Apples' target market. I'm not sure the exact numbers, but I would guess that it's a fairly high number (maybe 70%) of people out there don't care that Apple is adding a layer of control to their products. It provides for a simple and easy to use user experience, plus gives the company the ability to make money by providing an eco-system to support their products.

      There's a lot more grandma's, teens and non-technical people out there that like to spend money on things and not have to worry about if it will run Linux or not.

      --
      The real Sig captains the Northwestern. This one captains /.
    8. Re:Closed ecosystem by digibud · · Score: 1

      I'm an apple fan boy in the sense that I'm a fan of the OS. I use a Mac (and do support for both mac and win machines) but not because I am in love with Apple's policies. I won't buy an iPhone or iPad, and I'll never buy a song from iTunes for myself. My next machine will be a real debate in terms of the OS. I've watched Windows get better and better in many ways but the feel of the OS is still, for me, nasty. But so is Apple's "my way or the highway" position which this issue demonstrates.

    9. Re:Closed ecosystem by beelsebob · · Score: 4, Insightful

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software,

      You're right – that's why last time apple dropped a GPLv3 hot potato (GCC) they released their own alternative using the BSD license. Wait... no.

    10. Re:Closed ecosystem by woboyle · · Score: 1

      So far, but the trend, to my eye, is clear. Apple is also suing just about anyone who makes compatible hardware, chargers, etc. Why? Not because of IP issues so much, but because it cuts into their profits. In any case, with BSD style licenses, Apple can modify the code and not redistribute those changes, resulting in lock-in to their code base. The entire purpose of the GPL is to avoid this sort of constraint, and to encourage innovation by building upon what others are doing. The entire software development ecosystem becomes much more vibrant and robust as a result.

      --
      Sometimes, real fast is almost as good as real-time.
    11. Re:Closed ecosystem by schnell · · Score: 1

      If I purchase something, I own it and therefore have the right to use it as I see fit, not as someone else does. The way Apple wants it to work is that you are in effect leasing from them.

      I see this argument on Slashdot all the time and it drives me batty. Not being able to do everything you want with a product != you don't own it.

      For example, I purchased a car. Every time the GPS in the dash comes on, I have to touch yes to agree to a screen that says I shouldn't be fiddling with it while I'm driving. I hate that but I can't turn it off. Similarly, there is an annoying beeping sound that comes on when I'm driving without my seatbelt on. That's irritating and I wish I could turn it off but I can't do that either. Does this mean I'm leasing my car? Oh, and while I'm at it, if you want to get technical, I'm sure my auto mechanic might be able to turn those things off ... but that's analogous to "jailbreaking" - which I could do on my phone as well. So how do these manufacturer restrictions mean I don't own my car?

      --
      "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
    12. Re:Closed ecosystem by StikyPad · · Score: 2, Insightful

      Of course they are. Several security holes in OSX and, perhaps more importantly, iOS have been found specifically by looking at the Darwin code base.

    13. Re:Closed ecosystem by woboyle · · Score: 1

      My wife of 37 years is a big Apple user, and will give up her 2 Mac Pro Powerbooks, iPhone, and iPod when I pry them from her cold, dead fingers. I have been an admirer of Apple since the early 80's, and know (knew) Jobs and the Woz when I was working in the Silicon Valley. I have a great deal of respect for both of them, and the innovations they brought to the industry. That doesn't mean that I agree with business decisions that Apple has made about this stuff, and the only way I know for people to protest this is, as I said, voting with their pocket books. So, I think Apple makes incredibly good and innovative products, and continues to lead the industry in design and implementation of systems that are user-friendly and powerful. That doesn't change my mind about this particular issue, however...

      --
      Sometimes, real fast is almost as good as real-time.
    14. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Right, that's why they switched from GCC to another open source compiler collection.

      I think it's clear they are switching away from the overzealous GPLv3 to licenses that give them more freedom to run their business.

    15. Re:Closed ecosystem by Tarlus · · Score: 3, Insightful

      but they have no problem with the BSD-style licensing

      Boy, they'd be in big trouble if they did.

      --
      /* No Comment */
    16. Re:Closed ecosystem by Microlith · · Score: 1

      Not being able to do everything you want with a product != you don't own it.

      Effectively, yes it does. Especially if the vendor exerts control after the fact.

      Does this mean I'm leasing my car?

      No, but then that just means you haven't looked into disabling it. Might not be wise, though, as they have a point.

      that's analogous to "jailbreaking" - which I could do on my phone as well. So how do these manufacturer restrictions mean I don't own my car?

      Car analogies don't work real well as disabling those doesn't really grant you any additional capability in your car, nor will the vendor really fight you if you try. Whereas with mobile devices, it does grant you additional capability and they DO fight you. And, like Motorola, they use it against you when the next shiny model or the next rev of Android comes along.

    17. Re:Closed ecosystem by woboyle · · Score: 1

      I have already heard where Apple is considering moving to an AppStore model for software distribution for OS-X, which would pretty much put the nail in the coffin for GPL applications and tools. Caveat User!

      --
      Sometimes, real fast is almost as good as real-time.
    18. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      They didn't say you couldn't install Samba. The article said they will not be including it.

    19. Re:Closed ecosystem by H0p313ss · · Score: 1

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software,

      You're right – that's why last time apple dropped a GPLv3 hot potato (GCC) they released their own alternative using the BSD license. Wait... no.

      Which means that the whole situation is a hell of a lot more complicated than the average pundit can handle.

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    20. Re:Closed ecosystem by woboyle · · Score: 1

      Shrink-wrap licenses have, in many situations, been ruled as unenforceable, because you have to break the wrap to read the license, so you cannot agree to it before purchase. In any case, the term "license" means "not purchased", as if it is really a purchase, then the rights of the owner are well established. Apple is, in my opinion, trying to change the rules about that, and this is what bothers me the most.

      --
      Sometimes, real fast is almost as good as real-time.
    21. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Isn't that what a lot of business models are becoming? In the ever increasing demand for smaller and smaller margins from the consumer, Large companies are trying to subsidize products upfront (Cell phones, video game systems, Cable TV installation) and make back their money by locking down future business.

      People complained that it is locked down, but don't want to pay full price.

    22. Re:Closed ecosystem by woboyle · · Score: 1

      When I went back to consulting about 3 1/2 years ago I decided that I wanted to be in some sort of control of my computing ecosystem, and not have to pay the Microsoft and/or Apple taxes that apply to those systems. Even though I had used Linux systems in the past, and a couple of my old workstations still run Linux (Gentoo and Mepis), I had not used Linux exclusively for all day-to-day work and business operations. That said, I was comfortable with the OS in general (having been a Unix user/admin since the 80's, and Linux since the early 00's), and used a lot of open source tools (GNU compilers/debuggers, OOo, etc). So I decided that when I got my new workstation built at the end of 2007 that I would take a month and evaluate an enterprise Linux system for business as well as software development purposes (being a consulting software engineer). I chose CentOS 5 because it was basically a free version of RHEL. It took awhile to find FOSS analogues of the software I was running on Windows for business purposes, but in the end I was able to configure a system that handled everything I needed except for my Fidelity stock/option trading software, which I was able to run in a Windows VM on VirtualBox. FWIW, I first used XEN, but I needed the full capabilities of my nVidia 8800GT video hardware, and the proprietary nVidia drivers don't like a Xen-enabled kernel, which is why I switched to VirtualBox as a virtual machine manager. Since I also do kernel module and driver development for Solaris, that worked well as I can also run Solaris x86 in a virtual machine.

      Now, 3+ years on, I haven't looked back once. In January this year I upgraded to Scientific Linux 6 (a clone of RHEL6), and while there are still some minor teething problems, I am very happy with that. At least when I need to kvetch to someone about the OS, I know people on the SL development team at Fermi Lab... :-)

      --
      Sometimes, real fast is almost as good as real-time.
    23. Re:Closed ecosystem by KugelKurt · · Score: 5, Interesting

      Pretty much everyone working on core Mac OS X components has a *BSD background -- mostly former FreeBSD developers who were hired by Apple.
      All major BSDs are reluctant to even allow GPLv2 in their base system. They all don't like the whole copyleft concept at all. GPLv3 is completely forbidden in the base installation.

      Apple's Darwin team has a BSD culture which is apparent that Apple itself is moving away from the LGPL-like 'Apple Public Source License' to the BSDL-like Apache License 2 for Apple's own newer FOSS projects like libdispatch.

      GPLv3's anti-TIVO-ization clause was just the last nail in the coffin of Apple's GPL endorsement.

    24. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software, or are the gatekeeper of all software, that will run on any Apple device. The only way to stop this is by voting with our pocketbooks! After this sort of behavior, I am boycotting Apple products like I am Sony's. If I purchase something, I own it and therefor have the right to use it as I see fit, not as someone else does. The way Apple wants it to work is that you are in effect leasing from them. You don't own it, and are constrained with what you can do with/to it.

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software, or are the gatekeeper of all software, that will run on any Apple device. The only way to stop this is by voting with our pocketbooks! After this sort of behavior, I am boycotting Apple products like I am Sony's. If I purchase something, I own it and therefor have the right to use it as I see fit, not as someone else does. The way Apple wants it to work is that you are in effect leasing from them. You don't own it, and are constrained with what you can do with/to it.

      then you will have to boycott most appliances, automotive vehicles, all Blue ray movies and players, most software controlled devices.

    25. Re:Closed ecosystem by Desler · · Score: 2

      I have already heard where Apple is considering moving to an AppStore model for software distribution for OS-X,

      OS X has had an app store since January. You are still able to install software from outside the app store. 10.7 doesn't change this.

      which would pretty much put the nail in the coffin for GPL applications and tools. Caveat User!

      That's amazing because just the other day I installed 3 pieces of GPL software on a system running the beta of 10.7. I guess I must have some sort of magic powers.

    26. Re:Closed ecosystem by woboyle · · Score: 1

      "No, but then that just means you haven't looked into disabling it. Might not be wise, though, as they have a point." As the Car Talk guys say, "Just put a piece of black tape over it, or turn the radio up!"... :-) Apple won't let you do that much, I think. "No, but then that just means you haven't looked into disabling it. Might not be wise, though, as they have a point." At least the courts in the US has declared that jailbreaking your phone is not a crime. However, jailbreaking a device that is not a phone still may be... So, back to the car analogy (something I understand since I was a master mechanic before I became a software engineer), there are laws that keep us from bypassing our emission control systems, for good reason. However, there is no law that says I can't change the suspension, drop in a new (emissions-compliant) engine, modify the transmission, give it a new set of brakes, or even give it a new type of exhaust system, as long as what comes out the tailpipe(s) still meets federal and state air quality standards.

      --
      Sometimes, real fast is almost as good as real-time.
    27. Re:Closed ecosystem by huzur79 · · Score: 1

      GPL v3 affects purchaser's rights just as badly as anything else when users of preferred devices cant use GPL v3 software over distribution methods. My right to the software is stopped by the GPL v3 thus im either forced to give up my preferred platform or give up the open source software. I can tell you right now the open source software was the easiest thing for me to dump.

    28. Re:Closed ecosystem by huzur79 · · Score: 1

      Yup and the harder stance in GPL v3 over GPL v2 means lots of regular folks will lose the exposure to open source software. GPL v3 will be the death of open source on anything but Linux unless its using a different licence like BSD.

    29. Re:Closed ecosystem by woboyle · · Score: 1

      I'm sure you are correct. After all, Next was a BSD derivative, so a lot of those folks are probably still on the job at Apple.

      --
      Sometimes, real fast is almost as good as real-time.
    30. Re:Closed ecosystem by huzur79 · · Score: 1

      I think the GPL v3 is wrong and will vote with my pocket book against it by continuing to purchase non GPL v3 Infected software including Apple.

    31. Re:Closed ecosystem by gnasher719 · · Score: 1

      Shrink-wrap licenses have, in many situations, been ruled as unenforceable, because you have to break the wrap to read the license, so you cannot agree to it before purchase. In any case, the term "license" means "not purchased", as if it is really a purchase, then the rights of the owner are well established. Apple is, in my opinion, trying to change the rules about that, and this is what bothers me the most.

      In the US, what happens is that there is no legal contract until you have read and accepted the license. No legal contract means nothing can be enforced, and you have no right to make copies of the software, like running or installing it. If you use the software in breach of an EULA, then it is same as with a breach of the GPL: It is copyright infringement. Nobody can "enforce" the license (like nobody can force you to publish the source code for a GPL application), but a breach of the license would be copyright infringement.

      Stupid example: Instead of saying "You can install this software on one computer" the license says "You can install this software on one computer, you agree to pay $10,000 for every further computer that you install it on". If you don't agree to this, it cannot be enforced. So if you installed the software on two computers, that's two times copyright infringement (the first copy is already illegal because you didn't agree to the license), but no $10,000 payment.

    32. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Alrighty then, watch them release a replacement for Samba under a free software license in *hold your breath until you asphyxiate, retard*

    33. Re:Closed ecosystem by huzur79 · · Score: 5, Interesting

      GPL v3 anti-TIVO-ization clause was the last nail in the coffin for me as a end user to. I avoid GPL v3 software as a end user because its Richard Stallmans political tool. Its not about freedoms any more like GPL v2

    34. Re:Closed ecosystem by Microlith · · Score: 1

      People complained that it is locked down, but don't want to pay full price.

      They'd lock it down even if you pay full price. Go ask people who buy full priced Motorola devices in Europe. Locked down, just the same. It's about end-user control, monetization, and planned obsolescence.

    35. Re:Closed ecosystem by woboyle · · Score: 1

      I didn't say that they already had eliminated the use of GPL software on OSX. My point is this, that the trend seems to be heading directly toward a closed system, but like boiling a frog, they are slowing turning the heat up. By the time people notice that they can only install software pre-approved on the AppStore, it will be too late. This is my considered opinion of what is happening. If it doesn't go that way, for whatever reason, then great. Unfortunately, that doesn't seem to be the case at this point in time.

      --
      Sometimes, real fast is almost as good as real-time.
    36. Re:Closed ecosystem by dingen · · Score: 1

      My point is this, that the trend seems to be heading directly toward a closed system, but like boiling a frog, they are slowing turning the heat up. By the time people notice that they can only install software pre-approved on the AppStore, it will be too late.

      Right. So, what proof is there that Apple is turning Mac OS X into this direction? Because I don't see any restrictions in the software users can install on their system.

      And off course, if Apple would ever decide only software from their App Store can be installed on Mac OS X, it would not be "too late" for people to switch to something else. It would be just as easy or hard to switch platforms then as it is now.

      --
      Pretty good is actually pretty bad.
    37. Re:Closed ecosystem by RyuuzakiTetsuya · · Score: 1

      Apple doesn't issue OTA updates. Even if they could, it wouldn't fit their vision of mobile computing. Computer on the desk, iPhone outside, iPad on the couch.

      --
      Non impediti ratione cogitationus.
    38. Re:Closed ecosystem by woboyle · · Score: 1

      Good for you! That is your right! BTW, is that your tongue I see planted in your cheek? :-)

      --
      Sometimes, real fast is almost as good as real-time.
    39. Re:Closed ecosystem by CharlyFoxtrot · · Score: 1

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software,

      You're right – that's why last time apple dropped a GPLv3 hot potato (GCC) they released their own alternative using the BSD license. Wait... no.

      They use Clang now right ? That's open source under a BSD-like license.

      --
      If all else fails, immortality can always be assured by spectacular error.
    40. Re:Closed ecosystem by woboyle · · Score: 1

      Right. So, what proof is there that Apple is turning Mac OS X into this direction? Because I don't see any restrictions in the software users can install on their system.

      None, yet except on iOS devices.

      And off course, if Apple would ever decide only software from their App Store can be installed on Mac OS X, it would not be "too late" for people to switch to something else. It would be just as easy or hard to switch platforms then as it is now.

      Cost and inertia. Example: my wife has invested a lot in software for her Mac Pros. If she was to switch systems (and as an experience Linux/Unix user/engineer that in itself would not be a problem), she would be hard-pressed to afford that, as it would cost more than the system itself. So, in her case, the cost alone would be prohibitive.

      For others, inertia is the gating factor. They are comfortable with their system, know how it behaves, and don't have the time and/or inclination to change, even if it is harming them. I have a lot of Windows clients who could benefit tremendously, financially and otherwise (re. security), by switching to Linux systems and open source software, but they won't change because it would require that they just think about the changes, even if in my opinion those changes would not be a major challenge for them to learn.

      --
      Sometimes, real fast is almost as good as real-time.
    41. Re:Closed ecosystem by beelsebob · · Score: 1

      The *wrote* clang, and yes *they* open sourced it under the BSD license. Similarly, they wrote LLDB, and BSD licensed it.

      Note – don't confuse this with they wrote LLVM, they very much didn't.

    42. Re:Closed ecosystem by Super_Z · · Score: 1

      I didn't say that they already had eliminated the use of GPL software on OSX. My point is this, that the trend seems to be heading directly toward a closed system, but like boiling a frog, they are slowing turning the heat up

      Rubbish.

      Only 5 months ago, Apple GPL'ed their Java stack. Airprint released in September 2010? DNS-SD with Cups. iTunes LP? HTML, CSS and JavaScript. Facetime? SIP, RTP etc. with Apple pledging to release the rest as open standards. Even the iTunes Store now uses HTML to show its contents. Other posters have mentioned LLVM and LLDB. Remember OpenCL? Grand Central Dispatch?

      There is no trend towards a closed system.

    43. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      are you sure

    44. Re:Closed ecosystem by woboyle · · Score: 1

      Well, the nice thing about opinions, and standards, is that everyone has them! I appreciate the feedback. Still doesn't change my opinion, but then only time will tell if this perceived trend is real or only in my mind! Anyway, thanks all for the comments to my comment. I think I am going to sign off of this thread now... :-)

      --
      Sometimes, real fast is almost as good as real-time.
    45. Re:Closed ecosystem by Yunzil · · Score: 1

      You *could* just put your damn seatbelt on.

    46. Re:Closed ecosystem by juuri · · Score: 1

      No, it goes far deeper than that. Apple picked up Jordan Hubbard who was basically the only reason FreeBSD existed for a while there thanks to his efforts. They've added more BSD background peoples since.

      --
      --- I do not moderate.
    47. Re:Closed ecosystem by harlows_monkeys · · Score: 1

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software, or are the gatekeeper of all software, that will run on any Apple device.

      Yet when they replace GPL code, they usually release the replacement under a BSD license, the Apache 2 license, or the Apple Public Software License. All of these are free software licenses according to the FSF. Oops...there goes your conspiracy theory.

    48. Re:Closed ecosystem by tibit · · Score: 1

      OS X is closed up in a way that specifically runs afoul of the "anti-TiVOization" clause(s) in GPLv3. You cannot recompile Samba and substitute the Apple-provided system component that's based on Samba with the one you compiled on your own. Sure, you can compile and run your own Samba on OS X, but the version of Samba that's used to support access to SMB shares is a signed part of the OS X. You cannot replace it without having the signing key. If you use OS X to mount SMB shares, you can only do so with Apple binaries, not with your own binaries (unless you go via MacFuSE, that is). This limitation is allowed by GPLv2, but NOT by GPLv3.

      --
      A successful API design takes a mixture of software design and pedagogy.
    49. Re:Closed ecosystem by ArmchairGeneral · · Score: 1

      I started boycotting Sony after their CD rootkit fiasco, it didn't effect me personally, but I felt it was necessary. Apple will be joining that list now as well, they like to use the free stuff, namely the foundation of their OSX, BSD, but they don't give much back.

    50. Re:Closed ecosystem by Desler · · Score: 1

      Why would you have to switch her systems? Why couldn't she just keep using what she already is? You do realize you don't have to upgrade the OS just because Apple releases a new version, right? It's not as if any such change is going to be forced on you.

    51. Re:Closed ecosystem by toriver · · Score: 1

      The "trend" of a just married woman is that a month after wedding day she will have thirty husbands.

    52. Re:Closed ecosystem by dingen · · Score: 1

      I don't want to be on a dead platform or a platform that moves in a direction I don't condone. If the new version of the operating system is not to my liking and I don't see the situation improving in future versions, I'm moving away to another platform.

      --
      Pretty good is actually pretty bad.
    53. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software,

      You're right – that's why last time apple dropped a GPLv3 hot potato (GCC) they released their own alternative using the BSD license. Wait... no.

      Which means that the whole situation is a hell of a lot more complicated than the average pundit can handle.

      No, it means that the whole situation is a hell of a lot more complicated than the average Apple Hater can handle. But then what isn't?

    54. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      Didn't Apple announce that certain new features (albeit worthless features imho) are only available to products released through their app store for their next OSX release? And don't programs released through the app store have to be vetted by Apple? Sorry, but that seems to me that Apple is beginning to push towards closing OSX if they're starting to make new features only available to their controlled channels.

    55. Re:Closed ecosystem by vijayiyer · · Score: 1

      How is that bad for the end user? As you just said, anyone can compile and run Samba on OS X. Having signed system binaries does make it harder for malware to infect the system. In my eyes, this is a lot better for end users than allowing complete masquerading of binaries as part of the core system.
      Samba is not used to access SMB shares. That comes with FreeBSD and requires kernel space code, which is why FuSE (which operates in userland) works.
      It's all a tradeoff, but it sure seems like a fair one for most users.

    56. Re:Closed ecosystem by dingen · · Score: 1

      Didn't Apple announce that certain new features (albeit worthless features imho) are only available to products released through their app store for their next OSX release?

      Not that I'm aware of, no.

      --
      Pretty good is actually pretty bad.
    57. Re:Closed ecosystem by russotto · · Score: 1

      In the US, what happens is that there is no legal contract until you have read and accepted the license. No legal contract means nothing can be enforced, and you have no right to make copies of the software, like running or installing it. If you use the software in breach of an EULA, then it is same as with a breach of the GPL: It is copyright infringement.

      As far as I know, no court has ever accepted that particular line of reasoning. Some have found the EULAs enforcable, some have found them unenforceable, but none has found license violation to be copyright infringement unless that violation would in itself be infringement.

      Running or installing the software is covered under 17 USC 117; once a copy of the program has been purchased (and make no mistake about it, that shiny disc is a copy of the program; you can't own the media but not the copy of the program on it), the owner has every right to use it.

    58. Re:Closed ecosystem by russotto · · Score: 1

      Sure, you can compile and run your own Samba on OS X, but the version of Samba that's used to support access to SMB shares is a signed part of the OS X. You cannot replace it without having the signing key. If you use OS X to mount SMB shares, you can only do so with Apple binaries, not with your own binaries (unless you go via MacFuSE, that is).

      I don't think this is true. The code has to be signed, but only by a key in the System keychain (which you can add to), not by the Apple key. (Disclaimer: I haven't tried this with Samba, but I have modified the Airport driver and signed it with my own key)

    59. Re:Closed ecosystem by Anonymous Coward · · Score: 0

      You must lead a very dull life. No, this isn't flamebait...no ps3, no xbox 360, no ipod...damn dude. Sucks to be you.

    60. Re:Closed ecosystem by CharlyFoxtrot · · Score: 1

      I seriously don't get it. Apple are evil because they prefer software under one OSI approved license to software under another OSI approved license ? Or because they decided to build on software using an open source license they like instead of writing their own from scratch ?

      --
      If all else fails, immortality can always be assured by spectacular error.
    61. Re:Closed ecosystem by Wovel · · Score: 1

      This remains to be seen. It will be years before GPL3 is vetted by the courts fully and we can see just how many FOSS projects it destroys.

    62. Re:Closed ecosystem by Wovel · · Score: 1

      Heard it where? Someone say it on the Internets?

      They use an AppStore on OSX now, this has nothing at all to do with locking down the platform..

    63. Re:Closed ecosystem by Wovel · · Score: 1

      Particularly the Apple haters, none of whom have done anywhere near as much to promote FOSS as Apple.

    64. Re:Closed ecosystem by Wovel · · Score: 1

      Glad to see someone in this thread gets it and knows why..

    65. Re:Closed ecosystem by arose · · Score: 1

      What you say is true, but it doesn't support your argument. BSD-style licensing is not incompatible with a closed ecosystem. Contributing to Free Software outside of the ecosystem doesn't really affect their ability to control what happens on the inside. There are two main differences between GPLv2 and GPLv3: patents and code signing. While it is obvious that Apple doesn't want to play ball on the patents, the requirement to let users self-sign can't be much far behind on the list of reasons to drop Samba.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    66. Re:Closed ecosystem by arose · · Score: 1

      Just because you get full sources for Clang does in no way mean that you can run it on any given closed platform, much less software compiled with it. GPLv3 requires that the user can run their own version of whatever GPLv3 software you distribute to them, BSD doesn't, your apparent conflict doesn't actually exist.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    67. Re:Closed ecosystem by Guy+Harris · · Score: 1

      You cannot recompile Samba and substitute the Apple-provided system component that's based on Samba with the one you compiled on your own.

      Why not? Will launchd refuse to start /usr/sbin/smbd if it hasn't been sprinkled with holy water?

      If you use OS X to mount SMB shares, you can only do so with Apple binaries, not with your own binaries (unless you go via MacFuSE, that is)

      As noted, if you're talking about Samba, that's "export SMB shares from your machine", not "mount SMB shares", and you've not provided any evidence that you can't just build your own smbd etc. and install them and run them (and, no, "butbutbut the copies that ship with OS X are signed!!!!!!1111ONE!!!!!" isn't evidence; the OS has to care that they're signed - the only evidence I'll believe is if somebody tries it and it fails). If you're talking about mounting SMB shares, that's

      $ codesign -dv /System/Library/Extensions/smbfs.kext/Contents/MacOS/smbfs
      Executable=/System/Library/Extensions/smbfs.kext/Contents/MacOS/smbfs
      Identifier=com.apple.filesystems.smbfs
      Format=bundle with generic
      CodeDirectory v=20100 size=156 flags=0x0(none) hashes=1+3 location=embedded
      Signature size=4064
      Info.plist entries=11
      Sealed Resources rules=10 files=2
      Internal requirements count=0 size=12

      (which is BSD-licensed) but you haven't shown that you can't replace that, either.

    68. Re:Closed ecosystem by ianare · · Score: 1

      In some cases it does, for example when the same motor is used in different car models with different programming. The more expensive model will have more power, and all that is needed to get the cheaper model to similar performance is to reprogram the ECU. Which not only voids the warranty, is illegal in some countries.

    69. Re:Closed ecosystem by juasko · · Score: 1

      After all they are a hardware company not a software company, true they do both splendidly, and are actually better on the software part than on the hardware part, but that is not how they do business. They sell hardware.

      So I do understand that they don't want other companies to copy their hardware. Apple is quite seldom suing over software, if it's not a counter suit. But it happens that they do.

      But if you look up higher up in the comments you actually find one intelligent comment about this, that actually might carry 99% of the real reason why Apple abandons GPL.

    70. Re:Closed ecosystem by juasko · · Score: 1

      They already have the app-store for macosx, personally I've even bought some software trough it. No it's not looked like on the ios devices.

      But as a owner of a few "smart" phones for some years already, long before the iphone, I do appreciate the app-store model for the ios devices. It's far better than the competition offers. True there are some cons, but the pros widely cover those.

      Appstore is one reason they have trouble with gplv3, but it's not the only problem they got with it, and probably far from their biggest problem with it.

    71. Re:Closed ecosystem by juasko · · Score: 1

      You must take in consideration that copyright owner did complain to apple and made them remove it.

    72. Re:Closed ecosystem by juasko · · Score: 1

      It's perfect analogy, as with iphones or mac or windows pc's. You do actually own the hardware, but you never own the software, unless you made your own software for it and never started up the licensed software.

      So yes, you do "lease" software, but not hardware. So you still own it, and your allowed to do what ever you want with it. But you may not be allowed to use the bundled software.

    73. Re:Closed ecosystem by tibit · · Score: 1

      Mod this one insightful, I can't but agree and I stand corrected. I guess the problem really affects sharing on iOS, then.

      --
      A successful API design takes a mixture of software design and pedagogy.
    74. Re:Closed ecosystem by dwightk · · Score: 1

      Live Free or Die

      --
      Like anyone can even know that
    75. Re:Closed ecosystem by mTor · · Score: 1

      Close their software?

      They release a ton of open source stuff. Even their SMB implementation is open source:

      http://www.opensource.apple.com/source/smb/

      Not to mention their work on llvm and Clang. And they're even under a less restrictive BSD licenses.

      Browse the repo sometime before you make wild assertions: http://www.opensource.apple.com/source/

  29. Re:GPL is the problem by schnikies79 · · Score: 2

    Claiming someone is a paid shill because they disagree with you is the lamest way to lose an argument.

    --
    Gone!
  30. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Yes, it's free. Because you don't have to use GPL code.

    Your freedom is intact. If you don't like the licensing terms of software then don't use it.

  31. What does this mean for users? by Anonymous Coward · · Score: 1

    A new set of SAMBA tools. Who knows?

    For all their PR about how easy it is to connect Mac & Windows, that has always been (on many different machines and networks) one of the sketchiest OS X features in my experience. From Jaguar days, when a Mac that went to sleep had to be rebooted to ever reconnect to a Windows share it happily saw before, to (Snow) Leopard when they simply won't connect at all most of the time, at home or at work, even with an IP address, it's been the same hell of workarounds that didn't work. I'd be more than happy to stop carrying USB drives around.

    1. Re:What does this mean for users? by Guy+Harris · · Score: 3, Informative

      A new set of SAMBA tools.

      What's a "SAMBA tool"? Samba is the name of one particular implementation of the Server Message Block protocol; it's not the name of the protocol itself.

      From Jaguar days, when a Mac that went to sleep had to be rebooted to ever reconnect to a Windows share it happily saw before, to (Snow) Leopard when they simply won't connect at all most of the time, at home or at work, even with an IP address

      Those sound like client-side issues. The OS X SMB client isn't based on anything from Samba (given that it's a "kernel extension", i.e. a loadable kernel module, basing it on GPLed code would probably be a bit tricky), it's based on the FreeBSD in-kernel SMB client (but has had a lot of additional work done on it). Switching the SMB server from Samba to something else wouldn't affect that.

    2. Re:What does this mean for users? by juasko · · Score: 1

      Well usually the problem is with windows, not on the samba side.

      Eg, wrong version of Vista unable you to do proper sharing. Why nothing will connect properly. Belive me I actually dug into this. Wrong version of Vista and your doomed.

  32. Re:GPL is the problem by TheGreek · · Score: 1, Insightful

    The GPL license is free as in liberty. Developers who wish to base products on existing GPL software must agree to maintain the liberty of the derived software's users to use the software with the same liberties that the developer did.

    If you associate the words "must agree" with the word "liberty," I think you have pretty jacked up definition of liberty.

  33. Re:GPL is the problem by hoggoth · · Score: 1

    A major reason I avoid Microsoft software is because there there a lot of lock-in- Microsoft software tends to only work well when you are running ALL Microsoft software and gives you headaches when you try to mix Microsoft software with other software.

    The GPL3 is causing the same sort of "all or none" lock-in via legal instead of technical means. It is becoming very difficult to mix GPL3 software with commercial software.

    Does this really help the adoption of open source software? I don't think so. I think it will create a separate "ecosystem" of GPL3 software that (face it) the 90% of users that just use what is put in front of them will never be exposed to.

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  34. Re:GPL is the problem by mveloso · · Score: 1

    Nice statement. Facts please?

  35. Re:GPL is the problem by Anonymous Coward · · Score: 2

    The GPL promotes liberty for the end user. Whereas BSD promotes liberty for the developer. Neither is more correct than the other, its just based on your feelings at the time.

  36. Re:GPL is the problem by Microlith · · Score: 5, Informative

    No, they have the liberty to disagree. They are then subject to copyright which by default disallows them to distribute copies of the software.

    There is nothing "jacked up" about this.

  37. Re:GPL is the problem by lisaparratt · · Score: 3, Interesting

    A natural consequence of their freedom. A benevolent dictator's still a dictator, and in this case benevolence goes against true freedom.

  38. Re:GPL is the problem by Kenshin · · Score: 1

    At the same time, you don't have to expect anyone to use your (donated) code.

    --

    Does it make you happy you're so strange?

  39. Re:GPL is the problem by Duradin · · Score: 2

    How?

    The BSD code is still out there. The proprietary commercial code that used the BSD code is not the BSD code.

  40. Re:GPL is the problem by tuffy · · Score: 1

    If Apple doesn't like the licensing terms of other peoples' code, they're free to write their own code. But that doesn't make the license bad simply because it makes Apple's life more difficult for whatever it is they want to do with it.

    --

    Ita erat quando hic adveni.

  41. Re:GPL is the problem by Nethemas+the+Great · · Score: 0

    What I want is the ability to use it and not be told my customers can't. GPLv3 reduces the value of anything licensed under it. It is the surest way to prevent commercial software from using that technology. If the world were a commune, commercial software wouldn't be necessary. But last I checked, the grocery store called obtaining without purchasing shoplifting.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  42. Re:GPL is the problem by lisaparratt · · Score: 1

    They're not, they're meant to subsist off the glory of having their name plastered across codebases world-wide. It's all about the egos, baby!

  43. Re:GPL is the problem by Microlith · · Score: 1

    The GPL3 is causing the same sort of "all or none" lock-in via legal instead of technical means. It is becoming very difficult to mix GPL3 software with commercial software.

    Only if for some reason your "mix" includes a bunch of lock down designed to trap the user and control how they use whatever the software is installed on. If anything, it's designed to bar use of GPLv3 code in systems that are architected around locking the user in.

    I'm not seeing how the GPLv3 is a problem to anyone but control freak assholes. If you aren't, then it's not terribly different from the GPLv2.

  44. Here, let me Google that for you. by MrEricSir · · Score: 1
    --
    There's no -1 for "I don't get it."
    1. Re:Here, let me Google that for you. by mveloso · · Score: 1

      Actually, you didn't use lmgtfy, which is lame.

      The license itself doesn't mean anything, because like any legal document the provisions are open to interpretation by the courts and others.

      Where is the legal opinion stating the above, that can be used in a court of Law?

    2. Re:Here, let me Google that for you. by mveloso · · Score: 1

      As an example:

      3. Protecting Users' Legal Rights From Anti-Circumvention Law.
      No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

      When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.

      Does this mean that if you ship something that contains an lgplv3 item:

      1. you can't prevent anyone from circumventing any sort of DMCA protection?
      2. you can't prevent anyone from circumventing any sort of DMCA protection if that covered work can be used to assist with that circumvention?

      While the license can be read to #1 ("with respect to the covered work"), it can also be read as #2 ("and you disclaim"). If it was only relating to #1, then why do the "and by the way" section?

  45. Re:GPL is the problem by Anonymous Coward · · Score: 0

    The mention of GPL means this same decades old BSD vs GPL discussion comes up again and again. You may think GPL is bad, but I think it is great. Both are right depending upon what your objective is. Why don't we just make your post "Flame Bait" and supress it?

    Guess what, true freedom is Somalia.

  46. Re:GPL is the problem by Sechr+Nibw · · Score: 1

    No, because if there is no one to see it, then the developer doesn't have anyone to accept the offer, so (s)he hasn't distributed it!

    Next moral dilemma, please!

  47. Re:GPL is the problem by Anonymous Coward · · Score: 1

    The GPL promotes liberty, not freeloading.

    It doesn't promote anything other than fear of participating.

  48. Re:GPL is the problem by TheGreek · · Score: 4, Insightful

    There is nothing "jacked up" about this.

    I fully support your right to put restrictions on how I can modify or distribute something you created. Calling these restrictions "liberty," however, is just Orwellian doublespeak.

  49. Re:GPL is the problem by Kilobug · · Score: 0

    No. GPL is only defending freedom. What the GPL is doing is "you're free to do anything with the code, as long as you don't take that freedom over from others". That's the definition of freedom. Freedom is not the ability to do anything, or kidnapping someone would be a freedom. The scale of offense is different, and that's what the scale of punishment for breaking the rule is different (jail if you kidnap someone, only losing the rights to use the software if you violate the GPL), but in both cases it's the same ethical stance : ability to deny to someone the freedom you were granted is not freedom, but power.

    And the GPL doesn't prevent making money from the code. Unlike the article says, "GPLv3 license, which prevents Apple from using the software commercially" is false. GPLv3 perfectly allows making money from the code. Even RMS started by selling copies of the GPLed GNU Emacs. What it doesn't allow (like the GPLv2, but with additional protections for new ways of depriving users from their freedom) is only taking freedom away from the users.

    As for corporations go, they tend to *prefer* GPL than BSD, because with GPL they are likely to get something back (patches, ...) when they invest on a product and then decide to share it under a free software license. GPL license encourages sharing, while BSD license, with it's "law of the jungle" attitude, rewards the selfish (who take from the community without giving back their own pacthes).

  50. Re:GPL is the problem by jdgeorge · · Score: 5, Insightful

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

    This kind of "either you see it my way our you're wrong" statement is NOT a good argument.

    There are real reasons why the GPL versions (and other licenses) are problematic for various folks, and this kind of assertion acknowledges none of them.

    You can learn the factual basis for arguments against or in favor of various open source or free software licenses at the OSI site and at the FSF site.

  51. GPLv3 doesn't prohibit commercial use, does it? by Anonymous Coward · · Score: 0

    Summary says "GPLv3 license, which prevents Apple from using the software commercially" but I don't understand that at all. My understanding was that the GPL does not prohibit commercial use. Can someone explain why GPLv3 would prevent Apple from using code commercially?

    1. Re:GPLv3 doesn't prohibit commercial use, does it? by Coeurderoy · · Score: 1

      Nothing prohibits them, but they would have to give the sources to their client, and any client could post it and then everybody could have it for free.

      They could obviously "give it" and sell support
      They could create a nice proprietary "click tool" who would be using open api's and actually sell this.

      What they cannot do is modify the code, add modules into the code, and then only distribute the "free part" in source code, and not the "proprietary parts" and then sell this.

      They cannot patent stuff that are inside the software they distribute, so if they want to get a patent to "" and then sue redhat users...

      So the reasons to remove SAMBA and the Article are the same "FUD"

    2. Re:GPLv3 doesn't prohibit commercial use, does it? by aristotle-dude · · Score: 1

      Summary says "GPLv3 license, which prevents Apple from using the software commercially" but I don't understand that at all. My understanding was that the GPL does not prohibit commercial use. Can someone explain why GPLv3 would prevent Apple from using code commercially?

      It prohibits code signing and DRM which effectively prohibits some commercial use. I really hope the Version 3 of the license of GPL gets struck down by a court case challenge because I feel that it oversteps the bounds of copyright law. Once a binary is produced, the GPL should have no enforcement other than requiring contribution of code changes. Anyone should be free to take that binary and sign it with a key as required by some platforms.

      GPL Version 3 is not compatible with copyright law IMHO.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    3. Re:GPLv3 doesn't prohibit commercial use, does it? by Microlith · · Score: 1

      It prohibits code signing and DRM which effectively prohibits some commercial use

      Because code signing used to lock a device down and DRM are such good things.

      I really hope the Version 3 of the license of GPL gets struck down by a court case challenge because I feel that it oversteps the bounds of copyright law.

      Not at all. Most EULAs contain far more restrictive and punitive terms than the GPLv3.

      Once a binary is produced, the GPL should have no enforcement other than requiring contribution of code changes.

      Why? What value is there in FOSS when there's a route for corporations to completely negate the ability for the end user to actually utilize it?

      Anyone should be free to take that binary and sign it with a key as required by some platforms.

      Yes! But that's not what's happening. The vendor is reserving the ability to sign it for themselves, and denying that ability to the person who receives the GPL'd software.

    4. Re:GPLv3 doesn't prohibit commercial use, does it? by jrumney · · Score: 1

      Anyone should be free to take that binary and sign it with a key as required by some platforms.

      It seems you are in complete agreement with the GPLv3 then. The GPLv3 does not prevent you from signing code. It prevents device or OS manufacturers from using code signing to prevent end users from replacing GPL'ed binaries with their own compiled versions.

    5. Re:GPLv3 doesn't prohibit commercial use, does it? by juasko · · Score: 1

      No, but it tells you how you should do it. And there are some few how's that are incompatible.

  52. Re:GPL is the problem by Microlith · · Score: 4, Insightful

    What?

    The GPLv3 prevents someone from redistributing GPL'd software and saying to the end user "you cannot replace this software, you cannot alter or modify it in place." The only people who have a problem with the GPLv3 are those who enjoyed making an end-run around the spirit of the GPLv2 by distributing source but crippling the hardware it was used on.

  53. Re:GPL is the problem by BarryJacobsen · · Score: 1

    He has exchanged his vision of how the software could be better. If that vision is "nothing of value" then why would you want the code to it?

  54. Re:GPL is the problem by Anonymous Coward · · Score: 1

    GPL is bad.

    Bullshit.

    Now there's a towering intellectual reply to a well reasoned arguement...

  55. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Because it doesn't. Read the License text before you make stupid comments .

  56. Re:GPL is the problem by node+3 · · Score: 4, Insightful

    Having a single primary rule (with a small set of rules designed to support that rule) does not make you a dictator.

  57. Re:GPL is the problem by icebraining · · Score: 3, Insightful

    How does that support the view that the GPL is bad?

  58. Re:GPL is the problem by tomhudson · · Score: 5, Informative

    The GLv3 doesn't say that you can't use the software commercially. This article looks like just another shot in the whole "Open Source = BAD" war, from yet another FUD-packer (in this case, the member of the AppleInsider staff who wrote the original article).

  59. Man, I remember when the GPL by Anonymous Coward · · Score: 0

    was about code reciprocity. Must be getting old now.

  60. Re:GPL is the problem by Anonymous Coward · · Score: 2, Informative

    But last I checked, the grocery store called obtaining without purchasing shoplifting.

    Shoplifting (stealing) isn't obtaining without purchase, it's removing something from the property owner's possession without the required compensation.

  61. Apple Remove Samba From OS X 10.7 Because of GPLv3 by Anonymous Coward · · Score: 0

    Michael J. Fox Remove Samba From OS X 10.7 Because of Parkinsons

  62. Re:GPL is the problem by PhilHibbs · · Score: 5, Insightful

    You're either for personal freedom or you're not. Civil rights stop me from enslaving people, therefore I'm not free.

    If I release some "free software", then someone else comes along and entangles it with their own proprietary software and adds their own restrictions, then the part that is my contribution is no longer free. The software itself is not free, in the same way that a slave is not free. The software has been enslaved. So allowing people to do whatever they want to my software is contrary to my software's freedom.

  63. Re:GPL is the problem by smelch · · Score: 0

    What you don't understand and likely never will is that "liberty" means you can do as you please and nobody else is making you do it. The GPL promotes making people GPL their software. Why? I understand people could "freeload" but its not like me making something based on GPL code in any way affects the code I'm using. You say the GPL is about liberty but it has a huge "if you use this you have to do this other thing too." In what way is that liberating? If anything its enslaving. You have no option to use any other license if you use GPL without getting rid of all GPL code. That's pretty fucking restrictive. You just think its liberty because it doesn't make you do anything you personally dislike, probably because you don't write anything worth being proprietary.

    --
    If I can just reach out with my words and touch a butthole, just one, it will all be worth it.
  64. Re:GPL is the problem by Microlith · · Score: 3, Insightful

    I fully support your right to put restrictions on how I can modify or distribute something you created.

    Apparently you don't.

    Calling these restrictions "liberty," however, is just Orwellian doublespeak.

    So it's "orwellian" to insist that the people who receive my software, via you, have the same rights as you did, and can use altered versions of it freely in place of the versions you gave them?

    Man, you have a fucked up definition of "orwellian." Or perhaps standing up for the freedoms of others is simply antiquated to you. But then, I get the impression that control freaks don't like end-users having freedom, and thus the GPLv3 is inherently reprehensible to them.

  65. Re:GPL is the problem by Anonymous Coward · · Score: 1

    It allows commercial use, but is often a poison pill for companies. It means they can't lock down devices (which may be require for content license agreements), allows possible security holes, it messes with patents. Essentially GPL3 has a viral enough effect on products that it become not worth it to include the software. Apple showed this by replacing the software and you will see that GPL2 to GPL3 will only slow down development because corporations will not use and contribute to the software.

  66. Re:GPL is the problem by Anonymous Coward · · Score: 0

    At that point any software under any license is free. You don't HAVE to use Windows, Microsoft is not forcing you to use it on your computer. That doesn't make it freely licensed.

  67. Re:GPL is the problem by tomhudson · · Score: 1

    woops, OK. It appears GPLv3 allows commercial use. The summary got it wrong? (surprise!)

    You must be new here. What did you do with the person who has user id # 893292 (wow, we're at the point where 6-digit IDs count as old-timers :-)

    Seriously, welcome to the world of the paid commercial FUD-packer (TFA was written by AppleInsider staff, who should have known better).

  68. Incorrect summary by gnasher719 · · Score: 3, Informative

    However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially.

    That should be: However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially in the way they want to use it.

    On the iPhone and iPad, Apple wants the device itself to be closed, which means the user is not allowed to install operating system components. Samba is an operating system component. If Apple allowed the end user to replace it, then jailbreaking would be as easy as replacing Samba with a hacked version, then using Samba from within any application. On MacOS X, no problem; you may replace Samba as much as you like; if it doesn't work, it's your problem obviously.

    So on iDevices, Apple cannot use GPL v3 code commercially _the way they want to use it_. So they can't use it. At that point it's obviously better to have one code base and replace it on MacOS X as well.

    1. Re:Incorrect summary by Daniel+Phillips · · Score: 0

      That should be: However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially in the way they want to use it.

      The way I read it is "prevents Apple from being as evil as they want to". Well, if they want to provide an inferior CIFS implementation on their products out of spite I say, let them. It's their parade.

      --
      Have you got your LWN subscription yet?
    2. Re:Incorrect summary by Daniel+Phillips · · Score: 1

      That should be: However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially in the way they want to use it.

      The way I read it is "prevents Apple from being as evil as they want to". Well, if they want to provide an inferior CIFS implementation on their products out of spite I say, let them. It's their parade.

      Apple astroturfers are out and about? It's getting harder and harder to tell your tactics apart from Microsoft's.

      --
      Have you got your LWN subscription yet?
    3. Re:Incorrect summary by tibit · · Score: 1

      Are you sure that you can replace OS X Samba components with your own? Aren't they digitally signed (and the signatures verified)? Sure you can run your own copy of Samba alongside what's provided by OS X, but I don't think there's any way to recompile and replace the Samba provided with OS X.

      --
      A successful API design takes a mixture of software design and pedagogy.
    4. Re:Incorrect summary by toriver · · Score: 1

      Oh yes, a BSD based tool must be inherently inferior to a GPLed tool. How mature of you.

    5. Re:Incorrect summary by Guy+Harris · · Score: 1

      Are you sure that you can replace OS X Samba components with your own? Aren't they digitally signed

      Yes.

      (and the signatures verified)?

      By whom? Not by launchd, or the kernel, as far as I know. FFS, /bin/cat is code-signed, but I rather doubt you can't replace it.

  69. Has previously? by oldmac31310 · · Score: 1

    What the hell is 'has previously'?

    --
    http://www.acetonestudio.com
    1. Re:Has previously? by owlstead · · Score: 1

      Bad English?

  70. Walled Garden OS X by Anonymous Coward · · Score: 0

    The reason is Apple is moving towards DRM on OS X. You will not be able to install 3rd party software if that software is not signed.

    So, summary is complete bullshit. Apple removes GPLv3 software because it conflicts with Apps-only-OSX.

    1. Re:Walled Garden OS X by toriver · · Score: 1

      So the "GPLv3 is evil" myth is countered by a different paranoid myth? Wake me up the day I cannot do a

      sudo port install scummvm

      or the like.

  71. Re:GPL is the problem by Kjella · · Score: 5, Insightful

    GPL is like promoting free speech until someone saids something YOU don't like. True freedom is letting people do what they want.

    The GPL requires that whoever you give the code to - in source or binary form - is just as free to use the code as you were. The way you are "more free" with the BSD is to make others less free, obviously you are more free if your right to swing your fist doesn't end at my nose. Being able to own slaves is a freedom for the slave holder. Except we don't want those kinds of freedoms, because they make others less free. BSD makes Apple more free and OS X users less free than under the GPL. The GPL may not be the absolute and total freedom, but it is the equal and fair freedom.

    --
    Live today, because you never know what tomorrow brings
  72. Re:GPL is the problem by $RANDOMLUSER · · Score: 0

    Absolutely correct. I should have stipulated that.

    Somehow, parent's anti-GPL screed is "insightful" and my post is a "troll". <looks at URL bar> Yup, this is Slashdot <blinks> I'll be in my room.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  73. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I agree 100% with the OP's post but he's still a shill/troll. His timestamp, UID, post history (none), and unrelated Microsoft mention shows that. Same guy who's been trolling /. the last 20 days.

  74. Re:GPL is the problem by Anonymous Coward · · Score: 0

    So by your definitional of liberty you can do whatever the hell you want to? Like going on a killing spree, because that is your liberty? Moron

  75. Re:GPL is the problem by lordandmaker · · Score: 5, Insightful

    That depends upon your version of 'free'.

    GPL forces the freedom of derivatives, BSD retains the freedom to make non-free derivatives.

    To some, without the enforced 'freedom' it's not truly free. To others, with the enforced freedom it's not really free.

    This isn't an argument anybody is about to win.

  76. Re:GPL is the problem by Rhapsody+Scarlet · · Score: 3, Insightful

    If you associate the words "must agree" with the word "liberty," I think you have pretty jacked up definition of liberty.

    Yeah, telling all those congressmen that they "must agree" to uphold the constitution, you'll never get liberty through coercion like that!

  77. Re:GPL is the problem by PhilHibbs · · Score: 5, Informative

    What I want is the ability to use it and not be told my customers can't.

    So long as you pass on to your customers the benefits that you gained by adopting GPL'd software, no problem. They can use it. If you want to pass on a version with additional restrictions on what they can do with the software, then no, you can't do that. And that's the entire point of the GPL. Is it so hard to understand?

  78. Re:GPL is the problem by icebraining · · Score: 3, Insightful

    I think you have a good point there. In trying to place extra restrictions and obligations on free software GPL3 will actually reduce the usage of said software.

    I don't think anybody disputes that. Simply, for some usage is not the most important goal.

    With the due differences, it's like selling a car which verifies if you are drunk before it lets you drive it. Sure, it won't sell as much as other cars, but you know your cars are contributing much less than others to car accidents.

  79. Re:GPL is the problem by countertrolling · · Score: 1

    GPL is bad.

    Of course, goes to follow. It is based on bad law. What good can come of it? It is still an appeal to an authority that should be destroyed.

    --
    For justice, we must go to Don Corleone
  80. Re:GPL is the problem by tomhudson · · Score: 2, Informative

    Claiming someone is a paid shill because they disagree with you is the lamest way to lose an argument.

    In this case, the original article, where it states:

    However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially.

    ... was written by AppleInsider Staff. If you're not happy about the misrepresentation, tell them so.

    AppleInsider takes commercial advertising, so yes, paid shill (or commercial FUD-packer) fills the bill nicely.

  81. Re:GPL is the problem by melikamp · · Score: 3, Insightful

    Seriously, if you try to promote freedom and free code, you have to allow people to use it how they want.

    Exactly. GPLed software can be freely run, studied, modified, and redistributed with modifications. Apple refuses to provide its users with these freedoms, so they cannot use GPLed software.

    If you try to define what's allowed and try to get people to do or not to do what YOU want them, you aren't promoting free code. Your code is just as "bad" as proprietary code.

    GPL only restricts your ability to take freedom away from your end user. Yes, GPLes software is "bad" for you if you are intending to take the freedoms from your end user. GPL is not "bad" for the software's user in any way shape or form, only for those who would rather abuse copyright and derive monopoly profits from other people's charitable work (e.g. Apple from BSD). Do you seriously not get it?

    GPL is like promoting free speech until someone saids something YOU don't like.

    And now even a semblance of a rational argument is gone and what you have left is hot air. GPL has nothing to do with freedom of expression (just like copyright, according to the US Supreme Court, has nothing to do with freedom of speech), and everything to do with building a hedge around the public domain. The robber barons stole our public domain by making the copyright terms practically infinite and applying obscene statutory damages to non-commercial violators. Licenses like GPL are legal hacks which help to restore the balance present in the original copyright legislation: creators get some VERY limited distribution monopoly, everyone else gets more and better software.

  82. Re:GPL is the problem by geminidomino · · Score: 2

    he only people who have a problem with the GPLv3 are those who enjoyed making an end-run around the spirit of the GPLv2 by distributing source but crippling the hardware it was used on.

    Well, the union of that set and the set of people who had the same problem with GPLv2.

  83. Re:GPL is the problem by Duradin · · Score: 4, Insightful

    How did they take your "free software"? Isn't that still available? People here like to point out that you can't steal bits, so the bits of your "free software" must still be in your possession.

  84. Re:GPL is the problem by Sique · · Score: 3, Insightful

    You are either for freedom, that stops at the next user, or you are for freedom, that continues after the next person.
    "Feel free to beat up anyone you meet" is no freedom either.

    --
    .sig: Sique *sigh*
  85. Re:GPL is the problem by TheGreek · · Score: 2

    Apparently you don't.

    I do. Create whatever restrictions you like. I don't have to use your code.

    So it's "orwellian" to insist that the people who receive my software, via you, have the same rights as you did, and can use altered versions of it freely in place of the versions you gave them?

    Not at all; that's not even what I said.

    What I said is that it's "Orwellian doublespeak" to use the word "liberty" to describe a scheme where you've set restrictions on how I can use and distribute something.

  86. GPL = free code || BSD = free people by xose · · Score: 5, Insightful

    GPL = code must be free

    BSD= people must be free to do what they want with the code

    1. Re:GPL = free code || BSD = free people by aristotle-dude · · Score: 2, Insightful

      GPL = code must be free

      BSD= people must be free to do what they want with the code

      Code is property and as such, it has no rights. Stop it with this "code must be free" bullshit. This is not about the code but rather about the original authors reaping the fruits of not only their labour but that of others downstream. The GPL is about exchanging your freedom for access to the code.

      The problem here is not GPL in general but specifically Version 3 which is anti-commercial. This license will be the undoing of many projects. Companies like Apple will stop contributing to projects which will cause them to languish and die out. Switching to Version 3 is also denying the rights of those employees of Apple who contributed to the codebase in the past. I would argue that Version 3 is a violation of copyright as it prevents corporate contributors from having access to code that they contributed to.

      Is RMS completely ignorant of the fact that many of these projects received a lot of commercial support in the past and that Version 3 is basically a big middle finger directed at them? Is he out to destroy the FOSS movement by alienating some of its largest contributors?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:GPL = free code || BSD = free people by Anonymous Coward · · Score: 0

      RMS is ALWAYS RIGHT!

    3. Re:GPL = free code || BSD = free people by Samantha+Wright · · Score: 1

      Yes.

      Fortunately, unlike Apple, the FOSS movement is large enough to route around the decisions of one determined founding ideologue.

      That being said, code can be free without needing rights, per se. Freedom of speech obviously works similarly; as does freedom of beer.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    4. Re:GPL = free code || BSD = free people by jbolden · · Score: 2

      I would argue that Version 3 is a violation of copyright as it prevents corporate contributors from having access to code that they contributed to.

      Authors aren't bound by licenses including their own. They have slightly more freedom than they would have under the BSD type scenario. If you are an author who released code under GPL2 you can turn around tomorrow and release it under BSD, MIT, PD...

      As for being anti-commercial, read back the discussion in the late 1990s early 2000s regarding GPL2 vs. BSD. Same arguments. Yes companies like maximum freedom. Too bad for them.

    5. Re:GPL = free code || BSD = free people by jbolden · · Score: 1

      Not always but almost always. He's got a pretty good track record.

      Some of his architectural choices haven't proven so wise, his priorities were less than ideal. But damn he's got 3 decades of some decisions that worked out very well.

    6. Re:GPL = free code || BSD = free people by synthespian · · Score: 1

      CODE = need not eat

      PEOPLE = gotta eat something

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    7. Re:GPL = free code || BSD = free people by roman_mir · · Score: 1

      That's right, and I don't care about the code, I am for individuals only.

    8. Re:GPL = free code || BSD = free people by betterunixthanunix · · Score: 3, Informative

      Code is property

      Interesting, because when last I checked, the relevant sections of law -- copyright and patent -- were neither property laws nor laws protecting natural rights. Then again, IANAL.

      Version 3 which is anti-commercial

      Completely false; go check with Red Hat if you think GPLv3 is anti-commercial.

      Is RMS completely ignorant of the fact that many of these projects received a lot of commercial support in the past and that Version 3 is basically a big middle finger directed at them? Is he out to destroy the FOSS movement by alienating some of its largest contributors?

      No, RMS is neither ignorant nor is the GPLv3 harmful to business. The Free Software Foundation has always had the protection of user freedoms as its primary goal, and while the GPLv2 served that goal for a long time, there were certain loopholes that some companies were exploiting -- loopholes that the GPLv3 corrected. Having the right to study and modify code is meaningless if your computer prevents you from running your modified code, and software patents could be used to deny you the right to redistribute your code.

      Corporations are as able as they have ever been to sell, sponsor, and benefit from software licensed under GPLv3; little has changed since the GPLv2. Corporations that seek to maliciously exploit loopholes (TiVo) may have a problem, but most corporations do not do that and will be largely unaffected by the move. If you are granting your users the freedoms the GPL is designed to protect, then GPLv3 is not a problem.

      --
      Palm trees and 8
    9. Re:GPL = free code || BSD = free people by JAlexoi · · Score: 1

      The problem here is not GPL in general but specifically Version 3 which is anti-commercial

      I wouldn't call the patent licensing requirements anti-commercial. They are anti software patent and Apple holds a bunch of 'em. Those anti-software patent clauses are the ones that they are afraid of. So... contributions will not dry out just because some American companies are afraid to lose their patents.

  87. Re:GPL is the problem by Microlith · · Score: 5, Insightful

    The problem comes with the intention of allowing the user to modify and use the software. The GPLv2 allowed them to do an end run where you could modify and use the software, but never on the device that it was distributed on.

    This was corrected in GPLv3, and control-freak assholes are having a problem with it.

  88. Re:GPL is the problem by jareth-0205 · · Score: 1

    The issue is not the freedom of not the first person to use the code, but all the following ones down the chain. The GPL protects everyone by requiring release of source for changes, BSD doesn't protect anyone since the first person to derive the code can then keep their changes secret. So BSD is more "free" in that the first person gets the chance to do anything they want, but that person can then screw over anyone else, while simultaneously building on the generosity of the original author.

    So you makes your choice, but don't whine about it, you're getting something for free either way, and the author is well justified to stop BSD-style closing of source.

  89. Re:GPL is the problem by Pharmboy · · Score: 1

    That is exactly the problem with GPL, you have to think about it to be sure you aren't violating the license. You have to make sure that the way you are distributing software is appropriate and compliant, and in some circumstances, it is possible to violate it without trying to. As an end user, I like what the GPL stands for, but if I were a developer, I would be avoiding it simply because of the headaches.

    --
    Tequila: It's not just for breakfast anymore!
  90. Re:GPL is the problem by king+neckbeard · · Score: 1
    If you want a completely free license with no restrictions, then license everything under the WTFPL or release your code into the public domain.

    True freedom is letting people do what they want. That includes making money with the code, or using that code in a larger proprietary code. If you do not allow this you're a hypocrite.

    Copyright has no role in 'true freedom', as it is only capable of restricting freedom. Copyleft is a clever way of using this restriction to prevent downstream restrictions and thus prevent end-users from losing their freedom.

    --
    This is my signature. There are many like it, but this one is mine.
  91. Re:GPL is the problem by matunos · · Score: 2

    You have framed your argument on the assumption that the "freedom" that the GPL was designed to protect is that of the derivative author. But everything Stallman has written indicates that the freedom he is purporting to protect with the GPL is not the derivative author's but the end-user's.

    I don't know all the ins and outs of the GPLv3, but the goal of the GPL copyleft in general is to ensure not only that the user has access to the source and the rights to create derivative works from it royalty-free, but that so do all the users of any of the derivative works.

    Using the code to support a larger proprietary system does not advance that goal, which is why the 'L' in LGPL was renamed to "Lesser": it goes less far in advancing the goals of the Free Software Foundation, and is mostly offered as a practicality. If Apple wants to add their own Objective-C patches but doesn't want to make them available to the whole community, then the GPL is not for them.

    There is nothing in the GPLv3 that says you can't use GPL'd software commercially. Perhaps it doesn't gel with Apple's particular commercial plans for their software. That's fine... they are free to find other options that do so gel. And if those other options involve making their users use proprietary software, then how exactly is that more freedom for us than if they just continued to offer the free software (not to mention get a lot of their OS work done for them, so they can focus on their pretty UIs)?

  92. Re:GPL is the problem by node+3 · · Score: 1

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

    That's what's known as a false dichotomy.

  93. Re:GPL is the problem by BLKMGK · · Score: 1

    So.... commercial company gets benefit of tons of hours of labor and troubleshooting but isn't okay when it requires giving something back and you don't like it? Which commercial software company do you work for? Why should people who want their code improved upon and used by others allow a commercial company to take it, use it, make money, and not give back? What you seem to favor is BSD licensing which certainly Apple is okay to use, the folks on the SAMBA team chose not to support that apparently, why is it a problem?

    GPLv3 does NOT *prevent* a company from using it but it does sharply restrict their ability to do things like TiVO did which was a major reason for the GPL rewrite. What TiVO did was something no one had thought of and was in the eyes of many pretty underhanded, so it's now been stopped. Oh well!

    --
    Build it, Drive it, Improve it! Hybridz.org
  94. Re:GPL is the problem by Anonymous Coward · · Score: 3, Insightful

    Free for whom?

    The GPL protects the *freedom of the code*, not the freedom of developers. Hence the term free software. The BSD allows you to lock the code down, and release binaries only and so is not as good at protecting the freedom of the code.

    I really can not fathom that this logic still eludes people. So many assume that it is about their own freedom and so misses the point of the GPL entirely.

    And besides, if you want to give freedom to developers, release as Public Domain for crying out loud.

  95. Your greed is the problem by Anonymous Coward · · Score: 0

    That nonense again. Strawman included: You are allowed to make money of GPL code.

    The free speech "analogy" I'm inclined to rank as a strawman as well.

    You are free to put the terms YOU like on YOUR work, you do not have the right to use the work of others under your own terms.

    Your blahblah just means "damn, I'm not allowed to take the work of OTHERS and use it onder MY conditions".

    Epic fail.

  96. Re:GPL is the problem by TheGreek · · Score: 2

    So by your definitional of liberty you can do whatever the hell you want to? Like going on a killing spree, because that is your liberty? Moron

    I don't, actually, have the liberty to go on a killing spree, because it turns out that we have laws against that.

  97. Re:GPL is the problem by Anonymous Coward · · Score: 5, Insightful

    Where all of you GPL-haters keep failing in this argument is that you want to deny rights to software makers. You have to understand that whoever wrote a piece of software owns copyright on it, and can distribute it how they see fit.

    If I write a piece of software, I'm free to take one of 3 basic distribution options relevant to the debate:

    1) Keep it proprietary, give the code to nobody. Sell compiled versions for money, and/or license the source under NDA to others for money.
    2) Give it away under a BSD license (or just make it Public Domain). Anyone can use my software for anything, commercial or not. It's a gift to the world.
    3) Give it away under a GPL license. Anyone can use my software for anything, commercial or not. HOWEVER, I stipulate that if you make further enhancements to my code, if you then give the resulting binary to other parties, you are required to also give them a copy of your enhancements in source code form.

    None of the options are more or less moral than the others. Licensing code under the GPL does not steal anyone's liberties. It fails to provide you with a liberty you would get if the code were licensed under BSD, but in either case these rights are GRANTED to you by the COPYRIGHT HOLDER. It's a gift either way, and you're saying by failing to give everyone a big enough gift, GPL authors are somehow stealing people's liberties. Bullshit.

  98. Re:GPL is the problem by nlawalker · · Score: 1

    So it's "orwellian" to insist that the people who receive my software, via you, have the same rights as you did, and can use altered versions of it freely in place of the versions you gave them?

    Maybe not "orwellian," but certainly not liberating. If your software was truly free, you wouldn't be insisting anything, you would just distribute the software.

    That said, I of course understand your argument. It's like trying to achieve peace. Some will argue that war is needed, some will argue that we should all just be peaceful. In the case of freedom, some will argue that certain restrictions that attempt to enforce freedom are the best way to get there, others say "if you want to promote freedom, just make your work truly free."

  99. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Seriously, if you try to promote freedom and free code, you have to allow people to use it how they want. If you try to define what's allowed and try to get people to do or not to do what YOU want them, you aren't promoting free code. Your code is just as "bad" as proprietary code. True freedom is letting people do what they want, even if they have different values than you.

    GPL is like promoting free speech until someone saids something YOU don't like. True freedom is letting people do what they want. That includes making money with the code, or using that code in a larger proprietary code. If you do not allow this you're a hypocrite.

    You're confusing code freedom with user freedom. The GPL ensures the *code* is free and stays free forever, with an increasing number of clauses per revision warring with ways to work around that, to use the code in a closed fashion.

    The analogy isn't perfect, but it's like a library. The books are free to read, but that doesn't mean you're free to take as many as you can carry, set up a stand on the sidewalk outside and sell them. The *books* are protected by the license and - for their increased safety - imposes restrictions on you so you won't abuse them. It needs teeth to stand its ground.

    Translating GPL into user freedom is only correct as long as you abide by the terms it demands of you. You'll be "free" in the sense that you ward yourself against vendor lock-in, unwanted hidden software features made visible by source code availability (eg. espionage, call-home features, man-in-the-middle, etc), and similar freedoms that translate to "not having a master".

  100. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Not liberty for you, jackass, liberty for the people you distribute too. The original author is preventing YOU from exploiting downstream users. Your "freedom" to screw people over is not "freedom". You are being saved from yourself, and your shortsightedness.

    Let me guess, you're a libertarian? Yeah? That would explain your moral autism on the issue.

  101. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Wow, what a specious argument.

    1. A *copy* of your software will get entangled with other restrictions.
    2. Your software is still free.
    3. The status of the copy is up to the other company.
    4. Even if the other company ties up the copy, it does NOT impact your software.

    So, if you can make a copy of a person, then ship the copy off to another country who might have different laws, then your analogy makes sense. Aside from the racism you imply.

  102. Re:GPL is the problem by Microlith · · Score: 1

    The same goes for pretty much any other non-FOSS license, where you need a lawyer to slog through it to make sure it's OK.

    With the GPL, if you make a reasonable effort to understand and comply generally you won't have any problems. The only people who have serious problems are ones who deliberately ignore it and don't try at all.

  103. Re:GPL is the problem by node+3 · · Score: 1

    You do understand what "copyright" is, right? The copies of the code are being restricted. These copies are the result of the work of the upstream authors. The fruits of their labor are being closed. Presumably, they are fine with this, but acting like it's not happening is dishonest.

  104. Re:GPL is the problem by drb226 · · Score: 2

    You're either for software freedom or your not.

    False dichotomy

  105. Re:GPL is the problem by BLKMGK · · Score: 1

    Perhaps the point wasn't to make money?

    --
    Build it, Drive it, Improve it! Hybridz.org
  106. Re:GPL is the problem by jcupitt65 · · Score: 1

    I think you're confusing freedom for developers and freedom for users of software.

    The GPL takes freedom away from developers. If you incorporate software with a GPL license in your project, you will have a long list of :you musts" and "you mustn'ts" to comply with. Many developers hate this, of course.

    The GPL guarantees freedoms for users of software. If you select a GPL package to solve a problem you have, you can be certain you will always be able to build and modify the latest version yourself.

    Selecting the GPL for a project is a promise to your users to stay free.

  107. Re:GPL is the problem by Lumpy · · Score: 1

    Bullshit. Public domain license is much more free than BSD.

    If you were truly interested in free you would release as Public Domain, do whatever the hell you want with it, i dont care license.

    --
    Do not look at laser with remaining good eye.
  108. Re:GPL is the problem by Lobachevsky · · Score: 2

    freedom != anarchy

    If I am free to live, that implies there is a restriction against murder.

    Don't confuse freedom with anarchy. Anarchy sucks. Slavery was abolished, and as a result, you _cannot_ sell yourself into slavery. Yes, that is a restriction, to preserve your freedom.

  109. Re:GPL is the problem by hedwards · · Score: 2

    That doesn't make GPL bad, what makes it bad in this situation is that it's pushed Apple to abandon Samba for use in OSX. Depending upon your point of view that may or many not be bad, but it means that the install base just shrunk up over the issue and that's not helpful in cases like this.

    The project is free to choose whatever license it likes, but some licenses come with strings attached which impede the use of the software more than others.

  110. Re:GPL is the problem by wfolta · · Score: 1, Insightful

    And under the GPLv3, you can still do whatever YOU want. The exception comes when you redistribute, because at that point it's not YOU using it, it's SOMEONE ELSE.

    In the end, you are thus depriving that SOMEONE ELSE the ability to use the software at all. You're defending "their" rights by denying them the access they need. Sort of destroying the city in order to save it.

    As far as I can tell, there are two different classes of "SOMEONE ELSE": average users and programmer geeks. In order to preserve the rights of the programmer geeks, you are denying access to average users. Just like Gnu GO on the iPhone. I can't have it at all because a "freedom" advocate believes allowing me to have it would cause them some kind of harm... sounds suspiciously like proprietary software, really. They think they're different because their demands don't involve money.

  111. Re:GPL is the problem by BLKMGK · · Score: 1

    Then it sounds like you need to create the functionality all by yourself or pay a team of people to do it and pass that cost onto your customers. Seems fair...

    --
    Build it, Drive it, Improve it! Hybridz.org
  112. Rubbish by Daniel+Phillips · · Score: 1

    ...the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially.

    Complete and utter rubbish. Who got this wrong, Apple or the submitter?

    --
    Have you got your LWN subscription yet?
    1. Re:Rubbish by fishbowl · · Score: 1

      >Complete and utter rubbish. Who got this wrong, Apple or the submitter?

      Stallman, for not anticipating the huge effect that certain biases and short attention spans would have in the long run.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Rubbish by MachineShedFred · · Score: 1

      The submitter. Apple, I'm sure, had a team of lawyers pour over the thing to find their own exposure, and then make a decision. It's not like the linked article is a press release from Apple saying "Hurr we're booting Samba from our software because the GPL v3 does stuff that it actually doesn't."

      This is Apple making a strategic decision based on the information and analysis they have made internally. The article is someone else, with limited understanding of the facts, making a leap of logic.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    3. Re:Rubbish by jellomizer · · Score: 1

      Stallman got his priories wrong. It isn't about Open Source. It is about Open Specifications.

      Do you really care that
      x = ((y==2)?1,0);
      or
      if (y==2) {
      x =1;
      } else {
      x=0;
      }
      or
      x=(y==2);

      or do you care more that The result of x is 1 when y is 2 otherwise it is 0
      no offence to the all the hard work you put into development. But the real brains behind applications are in the specifications not the lines of code.

      If we had a bigger push to Open Specification vs. Open Source I think we would be a lot better off now. A lot of companies will be far more willing to open their specifications to the public then their source.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    4. Re:Rubbish by Daniel+Phillips · · Score: 1

      But the real brains behind applications are in the specifications not the lines of code.

      If you think that then you are welcome to rewrite everything from scratch, and debug it.

      --
      Have you got your LWN subscription yet?
    5. Re:Rubbish by sl3xd · · Score: 1

      I think it's possible that Apple decided it might be more effective to license Active Directory from Microsoft; they already did this with Exchange and ActiveSync.

      It's also quite possible Apple wanted tighter OS integration than is possible with the GPL'd Samba - and GPLv3 vs GPLv2 has nothing to do with it. I also wouldn't be too surprised if Apple releases its own BSD-licensed Samba competitor (as they did with LLVM/Clang vs GCC).

      That is certainly the case with Apple moving from GCC towards LLVM/Clang (which is BSD licensed): The integration of BSD-licensed LLVM/Clang (and its debugger) is much tighter with Xcode than was possible with (GPL'd) GCC; both because there aren't GPL terms to fully honor with LLVM/Clang, but also because Apple doesn't have to get their contributions merged with GCC upstream (which is notably difficult).

      --
      -- Sometimes you have to turn the lights off in order to see.
    6. Re:Rubbish by kybred · · Score: 1

      Complete and utter rubbish. Who got this wrong, Apple or the submitter?

      The submitter.

      Agreed.

      From the referenced article:

      However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from realistically using the software commercially.

      (emphasis mine) Not sure if the emphasized word was missed by everyone or if the article was updated.

      Also, amazingly, the Fine Article gives more info:

      While Mac OS X's previous Samba only supported the original SMB1, Microsoft's new SBM2 is both faster and more efficient, reducing the number of commands and subcommands from over a hundred to just 19, while adding pipelining of commands (to more efficiently transact over slow links), support for symbolic links, caching of file properties, and larger storage fields supporting better performance of large file transfers over fast networks.

      ...

      On the other hand, the version of Samba Apple had been using prevented Macs from seamlessly working with modern PCs running Windows 7, which include security changes in how encryptions protocols work. Apple's own software won't be constrained by the design limitation of Samba.

  113. Re:GPL is the problem by TheGreek · · Score: 1

    Where all of you GPL-haters keep failing in this argument is that you want to deny rights to software makers

    I have no desire whatsoever to infringe on a copyright holder's right to distribute his or her code as he or she sees fit.

    My problem stems from the use of the word "liberty" to describe a license as restrictive as the GPL.

  114. Re:GPL is the problem by Microlith · · Score: 5, Interesting

    What I said is that it's "Orwellian doublespeak" to use the word "liberty" to describe a scheme where you've set restrictions on how I can use and distribute something.

    That's because it's not liberty for YOU (that's already been granted) but for whomever gets it from you. Stop being so greedy and self-centered with your thought process.

  115. Re:GPL is the problem by JonJ · · Score: 1

    allows possible security holes

    What?

    --
    -- Linux user #369862
  116. Re:GPL is the problem by jedidiah · · Score: 1

    ...yes, because we all know that the image of freedom is something out of Mad Max.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  117. Re:GPL is the problem by TheSync · · Score: 2

    Only if for some reason your "mix" includes a bunch of lock down designed to trap the user and control how they use whatever the software is installed on.

    What if the lock down is designed to keep malware off of the user's device and maintain its stability, and the user is OK with that?

    I bought the iPhone because it is a controlled ecosystem. I don't want my cell phone rooted. I also like the controlled updates. I have a friend with an Android phone who had an update that bricked the device, and his carrier and Google are arguing about who is responsible!

    Freedom is great, but we all choose to give up some freedoms for security on occasions.

  118. MOD PARENT UP!!! by david_thornley · · Score: 1

    I hate that sort of comment, but this is the one actual intelligent comment I've seen on this article. It explains clearly the circumstances that mean Apple can't use GPLv3 software in their /System, but can use GPLv2: GPLv3's anti-Tivoization clauses.

    The comment above is insightful, highly relevant, and made in a calm, noninflammatory manner in the middle of a GPL vs. BSD argument. Obviously, iluvcapra should face a tribunal to decide whether he or she has violated Slashdot norms.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    1. Re:MOD PARENT UP!!! by H0p313ss · · Score: 1

      The comment above is insightful, highly relevant, and made in a calm, noninflammatory manner in the middle of a GPL vs. BSD argument. Obviously, iluvcapra should face a tribunal to decide whether he or she has violated Slashdot norms.

      I, for one, embrace our new insightful, highly relevant, noninflammatory overlords.

      --
      XML is a known as a key material required to create SMD: Software of Mass Destruction
    2. Re:MOD PARENT UP!!! by iluvcapra · · Score: 1

      Oh I can be a jerk, too.

      --
      Don't blame me, I voted for Baltar.
    3. Re:MOD PARENT UP!!! by Anonymous Coward · · Score: 0

      I don't get how debian can offer signed repositories of a wealth of gpl3 stuff and apple can't.

    4. Re:MOD PARENT UP!!! by juasko · · Score: 1

      second that.

  119. Re:GPL is the problem by aaaaaaargh! · · Score: 1

    You are completely wrong. GPL is designed to preserve the 4 essential freedoms not just grant them once. There is nothing hypocritical about ensuring that future modifications and derivations from GPL licensed code will guarantee the same amount of freedom as the original code.

    using that code in a larger proprietary code

    If you want to allow that, you can use the LGPL. No problem at all. But again, there is absolutely nothing hypocritical about wanting to ensure that the 4 freedoms are respected not only once but also in future for products based on GPL code.

    There have been active and extremely malicious attempts to subvert GPL with any tricks you might imagine. Companies continuously want to literally steal GPL code and use it for their own purposes. Now that's hypocritical.

    True freedom is letting people do what they want.

    So in your view it's okay if someone just takes your code / program and sells it under his own brand as a proprietary software package, makes lots of money, without contributing back anything to the open source community? Because that's what you're suggesting.

    By the way, from your post it's clear that you haven't really heard and reflected what the purpose of the GPL is and what the 4 freedoms are. You seem to associate "freedom" with "freedom for the programmer", but that not at all what the free software idea is about. It's about freedom for each and every individual user of the software. Everyone. The GPL ensures that this freedom is granted to each and every user and that it cannot be taken away again in future. (And , of course, non-programmers can become programmers. In fact, the GPL enourages this.)

    The adversaries of GPL are the real hypocrites, because they usually know very well the rationale behind the GPL (and that there is also the LGPL) and that it makes perfect sense. However, most of them are 1.) simply angry that they cannot use all the great stuff for their own shitty proprietary software, or, 2.) on the payroll of a large company that wants to keep its software proprietary in order to take away the freedom of their end users, control them, and force them into their services (paid upgrades, customer lock-in, etc.). So they invent untenable arguments and spread FUD while knowing very well that its bullshit and FUD. Yes, that's the sad truth.

  120. Re:GPL is the problem by tuffy · · Score: 1

    If you're a developer using someone else's GPLed code, you'd need to be careful to ensure compliance with those licensing terms. But if you're the one writing the GPLed code, the care other people should be taking to comply with that license ensures that you can merge their changes with your own.

    It's not just a one-way street as far as headaches are concerned.

    --

    Ita erat quando hic adveni.

  121. Re:GPL is the problem by king+neckbeard · · Score: 2

    Copyleft works by restricting the ability to restrict others, ensuring that end users maintain certain liberties. It's no more doublespeak on liberty than the government protecting someone who says something unpopular from physical or other harm.

    --
    This is my signature. There are many like it, but this one is mine.
  122. Re:GPL is the problem by Anonymous Coward · · Score: 0

    To give an anecdote: I was looking at adding FLAC support to my mobile app. The official site states that the base library (called libFLAC) uses a Xiph license, which is quite open and just requires reproducing the copyright/license blurbs. However, the way it's distributed has libFLAC/ dependent on flac/. As I was trying to get things to compile, I noticed files in flac/ were either GPL or LGPL. Damn -- there goes the opportunity for me to include FLAC support, and FLAC has one less app mentioning it to the general public.

    After closer inspection, thankfully, it turns out libFLAC/ only uses the items in flac/FLAC/ and those items have the Xiph license. Tearing out all the code in flac/ means I can now add FLAC support. GPL champions openness over freedom, and in some cases the only solution is not to use it.

  123. Re:GPL is the problem by TheGreek · · Score: 1

    Not liberty for you, jackass, liberty for the people you distribute too. The original author is preventing YOU from exploiting downstream users. Your "freedom" to screw people over is not "freedom". You are being saved from yourself, and your shortsightedness.

    So it's "free" as in "don't do that," then. Gotcha. That's fine. Just call it what it is instead of calling it freedom.

    Let me guess, you're a libertarian? Yeah? That would explain your moral autism on the issue.

    Moderate Democrat who wants more regulation in the financial industry, but thanks for trying.

  124. Re:GPL is the problem by gr8_phk · · Score: 1

    GPL protects the freedom of the USERS not the "code". All users of GPLed code have the same rights - even users of derivative works have the same rights as users of the original work with GPL. BSD licenses allow developers to create derivative works and deny any rights to the users of that work (a work that includes some or all of the original work).

    Copyright is the default and doesn't allow anything.
    GPL offers a set of additional rights - including creating and selling derivative works (on condition of reciprocity).
    BSD offers the additional right to deny the freedom of users of the derivative works.

    The right to deny others the same rights you have is not a system that promotes freedom.

  125. Re:GPL is the problem by DamnStupidElf · · Score: 3, Insightful

    The problem with your argument is that the developers of Samba would like to be able to buy a NAS or other hardware device that incorporates Samba and then upgrade it to the latest testing version or change other things about it even if the hardware manufacturer doesn't support it. That's the end of the story in terms of licensing, because no one else owns the Samba code. The Samba developers wanted the ability to modify their own software when it's running on someone else's hardware that they paid money for, and I think that's a fairly reasonable request. Apple's response is basically "Hey, nice code, but we don't really care about your interests and so we won't be using the new version." Either way, Apple wasn't planning on letting people modify the version of CIFS they shipped, or contribute fixes back to the Samba tree, so no real loss there. Long story short, we learned something about Apple's ideology and nothing more.

  126. Re:GPL is the problem by FauxPasIII · · Score: 2

    And banning slavery restricts what sorts of property you're allowed to own, therefore a state that doesn't allow slave ownership is not free.

    --
    25% Funny, 25% Insightful, 25% Informative, 25% Troll
  127. Re:GPL is the problem by Blink+Tag · · Score: 2, Interesting

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

    This kind of "either you see it my way our you're wrong" statement is NOT a good argument.

    GP didn't make a qualitative categorization of the rightness or wrongness of either position. You did that.

  128. Re:GPL is the problem by JonJ · · Score: 5, Insightful

    I fully support your right to put restrictions on how I can modify or distribute something you created. Calling these restrictions "liberty," however, is just Orwellian doublespeak.

    You don't have the 'liberty' to enslave other people either. Restrictions sometimes limit the liberty someone might take away from other people.

    --
    -- Linux user #369862
  129. Re:GPL is the problem by node+3 · · Score: 4, Insightful

    GPL is bad.

    Bullshit.

    Bullshit. BSD license is much more free than GPL.

    He didn't say it was "more free", he said it wasn't bad.

    BSD is more free, but does little to promote freedom itself. GPL is less free, but it more strongly promotes freedom. Neither is better than the other except when considered in specific contexts. If you ignore context and make a blanket statement about which is freer, you are making a religious argument.

  130. Re:GPL is the problem by countertrolling · · Score: 1

    GPL is a tick riding on the back of a rhinoceros. We should kill the rhino.

    --
    For justice, we must go to Don Corleone
  131. We all know already by Anonymous Coward · · Score: 0

    Personally, I think Apple is trying to totally close their software and hardware ecosystems so only they can provide software, or are the gatekeeper of all software, that will run on any Apple device. The only way to stop this is by voting with our pocketbooks! After this sort of behavior, I am boycotting Apple products like I am Sony's. If I purchase something, I own it and therefor have the right to use it as I see fit, not as someone else does. The way Apple wants it to work is that you are in effect leasing from them. You don't own it, and are constrained with what you can do with/to it.

    Yeah, we all accept this as truth already.The zeroth axiom of Slashdot: Apple wants to run your life, and charge you for it.

  132. Re:GPL is the problem by hedwards · · Score: 0

    Please stop spreading FUD. Do you have any actual evidence that the BSD license results in fewer contributions because it doesn't force people to contribute when they use the code? What I've seen out of GPL companies is that they can easily fulfill the terms of the GPL without contributing back to the original project. Nothing in the GPL requires them to send their patches back up stream, and companies like ASUS sometimes opt to fork and patch their own copy of the software rather than contribute back to the original. Sure there are reasons other than being cheap or dishonest, QA is a lot easier if you control the fork.

    As far as GPL defending freedom, what a load. Just be honest about the fact that it only defends a subset of freedoms one could legitimately enjoy going with a public domain, BSD or MIT licensed project. Suggesting that it's in any way shape or form analogous to criminal offenses is just plain stupid.

  133. Re:GPL is the problem by Draek · · Score: 3, Funny

    This is why I support true open source licenses that allow both free and proprietary use. They are the real free licenses, not GPL, and unless we deal with that hypocricy Microsoft will always win.

    So which licenses are those? even the 3-clause BSD prevents me from claiming ownership of the code and suing other users for copyright infringement, so it's not really free either.

    --
    No problem is insoluble in all conceivable circumstances.
  134. Re:GPL is the problem by Score+Whore · · Score: 1

    That's some thrilling hyperbole you got there, it really supports your argument. Let me see if I can get into that mindset in my rebuttal...

    I think you left out the bit where someone else comes along and MURDERS!!!!!!!! and RAPES!!!!!!!! the original developer and SODOMIZES!!!!!!! the code repository where the software itself resides.

    Sorry, I can't do it. But the point is, the original software continues to exist and is available under the original terms. Your complaint seems to be that they did additional work and chose not to make that new improved piece of software available under the original terms. Your desire seems more to be that everyone agrees with your worldview rather than to be a producer of quality, free software that will benefit those who choose to use it.

  135. Re:GPL is the problem by Fallingcow · · Score: 1

    It's possible for a restriction on one type of liberty to help preserve another. It may even be necessary. Which is favored is a matter of preference and priorities, not some dictate from an absolute and ultimate (and fictional) ideal of "Liberty".

    Jesus, this concept isn't complicated. Or new. I can't believe we're having such a large discussion about it.

    Oh wait, it's Slashdot and this relates to the basics of political philosophy—yes I can.

  136. Re:GPL is the problem by phantomfive · · Score: 1

    Really? "Unless we deal with the hypocrisy [of the GPL] Microsoft will always win?" You mean, just like Linux is losing to Windows Mobile, because the GPL will never let it go anywhere?

    Let me tell you how it is: when I work on code, I don't do it because I want some random company to have something for free. If someone else is going to use my hard work, I want something back. Some people pay me money (like my current employer), and they get all rights to the code. But my stuff is valuable, and I'm not going to give it away for free. For my open source stuff I use GPL because if you use my hard work, you will have to contribute something back. It also protects the rights of the users.

    Now, some people, like the BSD guys, are more interested in getting their software in more places. They like their name to be recognized. That's fine for them, but I don't care about recognition and attribution. I want to preserve the freedom to recompile. That's what I care about.

    --
    "First they came for the slanderers and i said nothing."
  137. Re:GPL is the problem by postbigbang · · Score: 1

    Calling them "control freak assholes" is disingenuous. They decided on their values, formed the GPLv3, and stuck to those values. They believe their values have merit, and have requisite need to prevent what they feel is non-free use cases from slipping in.

    It took some courage, but I understand with their principles. I don't necessarily agree for all use cases, but I agree for many use cases. For that, I'll respect them. IMHO, Apple becomes less and less free than the ideals expressed when MacOSX arrived, and becomes more and more like Microsoft all the time, in terms of proprietary infrastructure with high walls and draconian developer requirements.

    --
    ---- Teach Peace. It's Cheaper Than War.
  138. Re:GPL is the problem by pz · · Score: 1

    You've touched upon one of the big issues facing companies: uncertainty. Companies (and, by extension, shareholders) hate uncertainty. Given the choice between using newfangled GPL code where there's s a chance you might get sued at some unknown time in the future by an unknown party for some unrealized violation based on a large, detailed licensing document that you need lawyers to figure out, versus using a package that requires buying a license to do exactly what you want from an established company for a fixed cost, guess which choice the pointy-haired boss is going to take? Certainty wins over free as in beer, and the PHB does not care about free as in speech.

    --

    Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
  139. Re:GPL is the problem by TheGreek · · Score: 1

    That's because it's not liberty for YOU (that's already been granted) but for whomever gets it from you.

    If you're restricting how I can use something, you may have granted me a license, but you haven't granted me liberty.

    Stop being so greedy and self-centered with your thought process.

    Stop redefining words.

  140. Re:GPL is the problem by migla · · Score: 1

    GPL is bad.

    Bullshit.

    Bullshit. BSD license is much more free than GPL.

    Bullshit. Freedom that gives the right to lock out the next person is not automatically more about freedom than freedom that protects also the next persons freedom.

    --
    Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
  141. Re:GPL is the problem by npsimons · · Score: 1

    That is exactly the problem with GPL, you have to think about it to be sure you aren't violating the license. You have to make sure that the way you are distributing software is appropriate and compliant, and in some circumstances, it is possible to violate it without trying to. As an end user, I like what the GPL stands for, but if I were a developer, I would be avoiding it simply because of the headaches.

    Really? I'd think it was pretty simple: if you give someone the binary, you make the source code available to them. If I was selling software, I'd license it under GPLv3 and just deliver the source code as part of the package at the point of sale. Anyone who came asking for the source would be directed to go look at the original package they received when they bought it, or provide proof of purchase (eg, plug in your receipt number to a webform to be able to download the package again). Problem solved.

  142. Re:GPL is the problem by Xtravar · · Score: 0

    control freak assholes

    The very definition of Apple!

    --
    Buckle your ROFL belt, we're in for some LOLs.
  143. Re:GPL is the problem by jc42 · · Score: 3, Insightful

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

    Well, maybe. But it does seem reasonable that, if you're gonna take a "free" product and resell it, you should share some of your profits with the product's original producers.

    The GPL has taken this attitude toward "free" from the start. You can have it for free if you promise to pass it on to others on the same terms. But if you want to grab someone else's work and make a profit from it, you have to buy it (and get a license to resell it).

    See, it's sort of a "tit for tat" thing. If you want it to be free, you have to keep it free; if you want to be paid for it, you have to pay for it.

    (For those who have no idea what I'm talking about, note that most GPL'd software is available from the authors with other licenses. The GPL doesn't preclude providing the software with other licenses. It basically just exists to guarantee that if you don't pay for the software, you can't charge others for it. But most of the authors are quite willing to give you a license to sell their software for profit, if you are willing to share those profits with the authors.)

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  144. Re:GPL is the problem by Hatta · · Score: 1

    Seriously, if you try to promote freedom and free code, you have to allow people to use it how they want.

    If you want to promote freedom and free code, you have to ensure that EVERYONE has the same rights to the free code.

    --
    Give me Classic Slashdot or give me death!
  145. the move to llvm was because gcc sucks by Anonymous Coward · · Score: 0

    The move to llvm (and its heavy sponsoring) was because gcc was too monolithic to make it evolve the way they needed in XCode (accessing the code parser for instance, or having separate code generation backends). I doubt they cared much about the license in this case, since gcc 4.2 is still shipped with XCode.

    1. Re:the move to llvm was because gcc sucks by Guillaume+Laurent · · Score: 1

      The move to llvm (and its heavy sponsoring) was because gcc was too monolithic to make it evolve the way they needed in XCode (accessing the code parser for instance, or having separate code generation backends). I doubt they cared much about the license in this case, since gcc 4.2 is still shipped with XCode.

      (damn, forgot to log in)

  146. Re:GPL is the problem by mdielmann · · Score: 1

    The GPL license is free as in liberty. Developers who wish to base products on existing GPL software must agree to maintain the liberty of the derived software's users to use the software with the same liberties that the developer did.

    If you associate the words "must agree" with the word "liberty," I think you have pretty jacked up definition of liberty.

    If you believe that liberty has no conditions, such as equality, then you might be thinking of the word license.

    --
    Sure I'm paranoid, but am I paranoid enough?
  147. Re:GPL is the problem by cpu6502 · · Score: 1

    >>>Because it doesn't. Read the License text before you make stupid comments .

    (sigh). I was only replying to the guy who said, "No, no you don't have to allow corporations to make money from your (donated) code." - I wondered how people would make money if they are not allowed to sell it in their business products.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  148. Re:GPL is the problem by jedidiah · · Score: 2

    Without that "social agenda", there would be not Free Software. There would be no contributors because no one would care enough about the "social agenda" to create a suitable framework where contributors feel free to add their contributions free from the fear that someone like Apple or Microsoft will come along and take unfair advantage of the work.

    This "social agenda" stuff is just nonsense and FUD.

    This is about CONTRIBUTORS. The GPL was created because corporations can't be trusted and CONTRIBUTORS became angry.

    The GPL, like any "rule of law" exists because there are people out there that can't be trusted to work and play well with others. External forces need to be created to ensure that everyone acts in a civilized manner and everyone is treated equally.

    I don't really see what reasons Apple has to fear "anti-Tivoization". It doesn't look like anyone really addressed that.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  149. Re:GPL is the problem by DrXym · · Score: 1

    So ironically GPLv3 may hurt the project it sets out to protect. If commercial entities can't use a product because of GPLv3 they're not going to be paying developers to work on it any more. Instead they'll fork or adopt a project with a more suitable licence. It's no wonder that some projects such as the kernel and embedding projects don't want to jump to v3 because it would be the kiss of death.

  150. Re:GPL is the problem by bsDaemon · · Score: 5, Interesting

    Those who release code under a BSD license know that down-stream users can take the code wholesale, or make modifications, and do with it what they will. Those people aren't complaining about it. The only people who seem to make an issue out of it are people who haven't or wouldn't release code under a BSD license. Licenses are essentially a religious debate at this point, so please pardon my analogy when I say that pretending there is a debate on the BSD license is like pretending their is a debate on ID vs Evolution. Only one side is interested in having a debate, and that means there is no debate.

  151. Re:GPL is the problem by icebraining · · Score: 1, Troll

    can't have it at all because a "freedom" advocate believes allowing me to have it would cause them some kind of harm...

    No, you can't have it because Apple prevents you from installing software except through them.

  152. Re:GPL is the problem by eriqk · · Score: 2

    The difference is one of scope: The BSD license only looks at the individual (and mostly from a developer standpoint) whereas the GPL looks at the bigger picture. In the end, the bigger picture is more important.

    (sorry, posting to undo a wrong moderation)

  153. Re:GPL is the problem by phantomfive · · Score: 1

    Something said in a short, easy to read sentence, that is completely false.

    The question is, freedom for whom? If you let someone distribute your stuff in a closed manner, then you've restricted the freedoms of the users of that software. You can either restrict the right of the end user, or the right of the distributer. It is a choice. Reality is grey. To use an extreme, but obvious, example: in society, we have the choice to restrict the ability to murder people, or to give the victims a chance to live. That most reasonable societies choose to restrict the ability to murder doesn't mean they are not free.

    I'd rather force distributers to keep my source open. That's my choice. I don't need to do free work for other people.

    --
    "First they came for the slanderers and i said nothing."
  154. Re:GPL is the problem by iamsolidsnk · · Score: 2

    I think the point was to have quality crowd-sourced code that solves a problem elegantly available for free and nondiscriminatory use. Businesses saw the value in FOSS because in many cases they didn't have to reinvent the wheel. I think the problem now is, FOSS supporters, contributors and programmers see that the software has real market value that they may not be cashing in on. Or rather, they have a romantic idea in their head that they can dictate usage policy to large profitable companies. IMHO, contributing to FOSS is a donation on your part, but does not imply charity.

    --
    Here I am, here I remain.
  155. Re:GPL is the problem by mlts · · Score: 3, Insightful

    Devil's advocate here:

    The downside to the GPL3 is that companies notice one product or piece of code with the v3 license, then their legal team gets scared, throws the baby out with the bathwater and starts over with a closed source product.

    I have known one business which produced embedded controllers move from Linux to Windows CE just because their legal eagles feared that the GPL v3.x would force them to give up their trade secrets of some manufacturing methods to any customers that asked.

    All and all, I'd would say the GPL v2 is/was the best balance between being able to do what one wanted and redistributing, versus keeping code available for subsequent users. GPL v3 was made with good intentions, but instead of the intended outcome of killing DRM and dealing with patents, it has gotten some businesses to completely dump F/OSS completely and move to closed source systems.

  156. Re:GPL is the problem by NatasRevol · · Score: 2

    It doesn't say you can't use it commercially, but it does say you have to give up rights to patents, derivative work, and derivative source code, copyrights, hardware control, etc.

    And that is why companies who make money on software will stop using anything relying on GPLv3.

    It prevents companies from using GPLv3 software commercially - from a business sense if not a pure licensing sense.

    --
    There are two types of people in the world: Those who crave closure
  157. Re:GPL is the problem by node+3 · · Score: 2

    the more strict GPLv3 license, which prevents Apple from using the software commercially

    This is a gross mis-representation of GPLv3, and obfuscates the real basis of argument that Apple may have in conforming to the licensing terms.

    Why the innuendo? Why not state exactly the thing you are alluding to?

    Because it's not some sort of horrible thing. Not nearly as bad as the imaginary unstated thing could be.

    The problem isn't the copyright effects, it's the patent effects. Apple has no problem making source code available (in fact, they are highly active in the open source world), because there's no fear of having to give up the copyright to software they either can't or simply don't want to give up. But patents have no such easy way to partition and can have much more severe business consequences.

  158. Re:GPL is the problem by Coeurderoy · · Score: 1

    This comment is only insighful as it documents the frustration of people who would like to have something for nothing.

    The GPL including the v3 allows people to use code "as they want", what it does prohibit is letting them enforce restrictions of their liking to others.
    They are perfectly free to have any value they care, they are not allowed to force their values with my code on others.

    The hypocisy is not the GPL is people who say: Oh we loooove free software, but we just need to get sommme money out of you to be really happy.

    The GPL has not created a problem, the companies who would like to release products without incuring the cost of developping or licencing a solution, and without passing the economy to the user are the problems.

    And mixing the GPL issues with the CODECS issues (MPEG-LA, H264, etc...) is an error, and has nothing to do with GPLV2 or V3 or BSD, but everything to do with the restrictive and unfair licencing models that most codec owner impose, and these issue hurts just as bad a "closed source" company as an "open source"..

    Finally the SAMBA team has all right to licence as they want, and there is nothing that stops anybody from making any kind of package "around" samba, only modifications to samba are really impacted.
    It stops people like APPLE to make modification in the code, not release it and then say "you can have the sources but all the hooks into our operating system are proprietary, so for example using samba to unify authentication between the MAC and the fileserver could depend on non free software".
    And introduce vulnerabilities which could only be corrected by Apple.

    Finally I suspect the real reason is linked to some of the patent cross licencing between microsoft and apple and they are afraid the this could give "bad ideas" to others.

    And yes a free licence can prohibit you from taking a free sotfware deciding that some feature would be central to it's use and is not patented, benefits from microsoft's sponsored "first to fill" reform, and patent it, and then remove all the rights of everybody else...

    "The Freedom to bear arms is severly restricted by the interdiction to shoot anybody you do not like, .. how unfair........"

    GPL is good, GPL V3 is better (although I do understand why Linus Torvald has reservation and prefers "good enough" to "better")

  159. Re:GPL is the problem by DarkVader · · Score: 1

    Bullshit. GPL is much more free than BSD license.

  160. Re:GPL is the problem by kenshin33 · · Score: 1

    I think by "control freak assholes" he meant apple ..

  161. Windows 7 may be the issue - GPLv3 is speculation by Anonymous Coward · · Score: 0

    Did no one read the final paragraph in the article? While GPLv3 may well have been part of the decision, it appears compatibility with Windows 7 has been somewhat problematic for Samba. A quick Google search shows this page, indicating that the current solution involves hacking the registry. Not exactly seamless, and I can see Apple wanting to switch for that reason alone.

  162. Re:GPL is the problem by mysidia · · Score: 2

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

    Your claim is a false dichotomy.

    Just because GPL imposes restrictions does not mean GPL software is not free. It turns out the restrictions it imposes are restrictions against restricting freedom.

    What's not free is proprietary platforms... such as the iPhone. You cannot even run your own applications (they have to be approved by Apple). GPL is the carrot that will allow Apple to partake of it, when they stop blocking users' freedom.

  163. Re:GPL is the problem by Microlith · · Score: 1

    They decided on their values, formed the GPLv3, and stuck to those values.

    Perhaps you misread what I said. I called the people who are pissed about the GPLv3 "control freak assholes." The GPLv3 was created by people who are more concerned with ensuring that people who receive GPLv3 software are not controlled.

  164. Re:GPL is the problem by Archangel+Michael · · Score: 2, Insightful

    Specifically, in this case, SAMBA is losing out because it no longer is getting help from Apple, because it wants to tell Apple how it may use the product, and Apple doesn't want to be told by SAMBA team what it can and can't do with code it contributed to, and shared with the SAMBA team.

    The GPL(3) is AWFUL in terms of licensing. If I were building anything useful and wanting to sell it, I sure the hell wouldn't use any GPL(3) code.

    The GPL(3) is functioning just as it was designed, to limit commercial use of code. You can't complain that it is doing what it was designed to do. Does this make you feel all warm and fuzzy inside?

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  165. Good by Anonymous Coward · · Score: 0

    Now Apple will have to code their own shit instead of stealing from free projects.

    1. Re:Good by juasko · · Score: 1

      sigh you have no clue

      opensource.apple.com

  166. Re:GPL is the problem by npsimons · · Score: 1

    That's because it's not liberty for YOU (that's already been granted) but for whomever gets it from you. Stop being so greedy and self-centered with your thought process.

    Many people don't seem to understand the concept that liberty isn't liberty if it's only available to some. Part of this is because some parties have equated copyright with "intellectual property". Of course, the definition of "property" has been so ingrained by custom that most people don't even ask what is property?.

  167. Re:GPL is the problem by king+neckbeard · · Score: 1

    I think the "control freak assholes" in question are Apple and similar companies that take issue with the GPLv3.

    --
    This is my signature. There are many like it, but this one is mine.
  168. Re:GPL is the problem by mysidia · · Score: 1

    You're either for personal freedom or you're not. Civil rights stop me from enslaving people, therefore I'm not free.

    Yeah.... civilizations are not free.

    We lock up people who try to steal things. How is that free? You can't steal things and kill people who say things you don't like? Geez.....

  169. Re:This is getting silly by Coeurderoy · · Score: 1

    Apple and Microsoft (and many others) want to make sure you are only a "consumer" of their services, they would probably prohibit the distribution of typewriters and adding machines, as it does infringe on some of their patents, and anyway you are not supposed to write text, just buy some on itune, and calculating, what for, the price you have to pay is the one on the bill, and it will be applied on your bank account, you are not supposed to double check...

    Linux/Free Software people let you do what ever you want with their code, the only thing you are not allowed is REMOVING SOMEBODY ELSES RIGHTS...
    and whine about this just shows lack of caracter...

  170. Say what you will by Anonymous Coward · · Score: 0

    But there is something wrong with an open source license that caused a major player to revert to proprietary code.

  171. wrong in more ways than one by sribe · · Score: 1

    ...the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially.

    Blatantly false, as many others have pointed out. If the reason was licensing, it would be more subtle than that, and would have to do with the particulars of Apple's desires around distribution. And that's a big if, it might simply have to do with features and support.

    Apple has previously stopped contributing code to GCC and started looking at other options like LLVM because of GCC's switch to GPLv3.

    Also false--Apple is switching away from GCC because it's clunky, slow, outdated, and the GCC team is hostile to Apple's extensions and does not want Apple's contributions--every developer I know has been very much looking forward to being able to drop GCC and use LLVM.

    1. Re:wrong in more ways than one by gnasher719 · · Score: 3, Insightful

      Also false--Apple is switching away from GCC because it's clunky, slow, outdated, and the GCC team is hostile to Apple's extensions and does not want Apple's contributions--every developer I know has been very much looking forward to being able to drop GCC and use LLVM.

      I think it is a bit of both. Apple has stopped with gcc 4.2 while adding massive amounts of work to LLVM; they could probably have upgraded to a much later version from a technical point of view, but didn't want to for licensing reasons. On the other hand, LLVM is now reaching the point where it is superior to gcc in every respect (massively better compile times, much better error messages, all the compile time information available to the editor and much more) and allows compilation at runtime (great for OpenCL). And it seems that it has a much saner code base that can be improved much easier.

    2. Re:wrong in more ways than one by tuppe666 · · Score: 1

      Also false--Apple is switching away from GCC because it's clunky, slow, outdated, and the GCC team is hostile to Apple's extensions and does not want Apple's contributions--every developer I know has been very much looking forward to being able to drop GCC and use LLVM.

      The GCC team might go round to Apple Developers houses and set fire to their bins, but GCC produces faster binaries than LLVM.

    3. Re:wrong in more ways than one by Ash-Fox · · Score: 1

      On the other hand, LLVM is now reaching the point where it is superior to gcc in every respect

      The one that really matters to me is produced code that executes faster and LLVM still does not do that sufficiently compared to GGC.

      --
      Change is certain; progress is not obligatory.
    4. Re:wrong in more ways than one by tibit · · Score: 3, Informative

      I agree on technical points. GCC is a mess of a code base to work with; good luck with anyone trying to port it. LLVM is not so bad in that respect. I could whip out a proof-of-concept port to a new architecture over a week of work, never having looked at LLVM before. I gave up the same task on gcc codebase after two weeks: it was an incomprehensible mess.

      --
      A successful API design takes a mixture of software design and pedagogy.
    5. Re:wrong in more ways than one by MrLizardo · · Score: 1

      The GPL3 is about preventing companies from using GPL'ed software on locked down devices. When you see a company refusing to use software because it's under the GPL3 it basically means that they'd like the opportunity to sell you locked-down, unmodifiable hardware. Sure, the GPL2 made sure the user got the source, but if they couldn't make changes and put those changes back on their computer/phone/tivo/device what good is it? Right now we take the openness of desktop/laptop computers for granted, but it's clear that some corporations are eager to put an end to that. I personally don't feel any need to make it cheap or easy for them to do so, and apparently the developers behind Samba feel the same way. No one is forcing you to use the GPL3...

      --
      ^I'm with stupid.^
    6. Re:wrong in more ways than one by sl3xd · · Score: 1

      http://www.phoronix.com/scan.php?page=article&item=gcc_llvm_clang&num=2

      LLVM/Clang generates binaries that are faster than GCC as often as not..

      Similar results are obtained with any compiler vs. gcc, and even from one version of GCC to the next.

      --
      -- Sometimes you have to turn the lights off in order to see.
    7. Re:wrong in more ways than one by Archwyrm · · Score: 1

      http://www.phoronix.com/scan.php?page=article&item=gcc_llvm_clang&num=2 [phoronix.com]

      LLVM/Clang generates binaries that are faster than GCC as often as not..

      Did you read this article? I didn't, but I read the summary:

      While using LLVM is faster at building code than GCC (except for the ImageMagick application), in most instances the GCC 4.5 built binaries had performed better than LLVM-GCC or Clang. Clang did deliver a surprising lead over GCC 4.5 and LLVM-GCC with the Apache benchmark where the Clang-built Apache managed to handle 9% more requests per second. There was also significant benefits for LLVM-GCC and Clang with the BYTE Unix Benchmark running the Dhrystone 2 test, but in the rest of the tests the performance was either close to that of GCC or well behind.

      --
      Fascism should more properly be called corporatism because it is the merger of state and corporate power. -- Mussolini
  172. Re:GPL is the problem by icebraining · · Score: 2

    But why do we have such laws? To protect others' liberty to live.

    Absolute freedom is impossible to achieve. Claiming that the GPL is more free than BSD is absurd. Claiming that BSD is more free than GPL is shortsighted.

    Personally, I think the GPL gives a more fair set of freedoms to each party.

  173. Re:GPL is the problem by Draek · · Score: 2

    So is society's restrictions against murder then, according to your definition.

    Thing is, we have deemed legalized murder to result in less actual freedoms for people than they'd have with it illegal, so we've declared that a society can promote freedom and liberty while keeping murder illegal without it being a contradiction.

    Same goes for allowing redistributors to put their own restrictions in place.

    --
    No problem is insoluble in all conceivable circumstances.
  174. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Yeah there do seem to be a lot of UIDs over 2million sounding very similar, dissing Open Source, and throwing in a pro-MS reference. I've been on /. a long time, and these are the first real shills that have stood out as such for me.

  175. Re:GPL is the problem by tuffy · · Score: 1

    But whose fault is that? If Samba's license came with the rare "not to be installed in baby mulchers" clause that interfered with Apple's new iMulch product and caused it to be dropped, is it the fault of Samba for the license or Apple for not being willing to comply with it?

    Samba loses some of its userbase and Apple loses a mature codebase, but I don't see how the GPL's terms are more onerous than any other sort of licensing disagreement.

    --

    Ita erat quando hic adveni.

  176. Re:GPL is the problem by Desler · · Score: 1

    The same goes for pretty much any other non-FOSS license, where you need a lawyer to slog through it to make sure it's OK.

    Really? I've seen many of the license in the source code deals at a number of companies I've been at and they are completely clear and upfront about what you can and can not do. There is no manifesto and all other sorts of shit you have to wade through like the GPL. There is also none of the associated GPL/FOSS politics to deal with.

  177. Re:GPL is the problem by mysidia · · Score: 1

    This was corrected in GPLv3, and control-freak assholes are having a problem with it.

    They are obviously doing this as a symbolic gesture against the GPLv3. Since Samba on MacOS... well.... MacOS allows you to run arbitrary applications, so there's no GPLv3 problem...

    Either that or Apple is planning to lock down MacOS like they've locked down the iPhone, with cryptography, and not allow users to install/modify their own software without Apple's say so....

  178. Re:GPL is the problem by div_2n · · Score: 1

    You seem to have an extreme misunderstanding of what freedom WRT the GPL actually means. It means freedom FROM the software for end users and freedom of the code FROM those who would subvert it for their own uses.

    That seems to be where people get confused. The freedom is for the source code itself and the end users consuming it and NOT companies that seek to profit from it. Note this doesn't mean a company can't profit from code falling under the GPL, it just means you can't take code and pretend it's yours.

    Nobody ever said the freedom meant "take the code and use it for whatever proprietary purposes you have in mind".

  179. Re:GPL is the problem by Archangel+Michael · · Score: 1

    So, your solution is that the user shouldn't get access to the code, unless they do it themselves. Typical geek think. The GPL(3) was invented because people didn't like how others were using GPL(2) code. We don't approve, so now we're going to take our ball and go home.

    And people are surprised that nobody wants to play ball with that kid any more.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  180. Re:GPL is the problem by node+3 · · Score: 1

    You do understand what "copyright" is, right? The copies of the code are being restricted. These copies are the result of the work of the upstream authors. The fruits of their labor are being closed. Presumably, they are fine with this, but acting like it's not happening is dishonest.

    Yes, that is what can happen when you "give" physical property away. You lose control over what happens to it.

    In other words, no, you don't know what copyright it. The GPL does not apply to physical things themselves.

    The GPL is not really "giving" something away since it restrict what you can do with it. GPL is not really "free" software. It has very strict terms and conditions which I would argue violates the inherent "copyright" of contributors downstream. Those people have their rights limited by the GPL license because of the viral nature of the license. The fruits of their labour would still exists under a BSD license but they would not necessarily gain the fruits of the labour of others downstream unless if they also chose to give it away. The BSD license is about freedom of choice whereas the GPL is basically stealing the fruits of the labour of people downstream through force of the license rather than receiving it through goodwill sharing.

    This is a bunch of religious bullshit. Neither is worse than the other, just different. Both are free licenses.

    Also, your claim that the BSD license does not come with restrictions is complete fantasy. In your own words, "the GPL^wBSD License is not really "giving" something away since it restrict [sic] what you can do with it."

  181. Re:GPL is the problem by maxume · · Score: 2, Insightful

    No state is free. It isn't really a problem, but thinking they are leads to things like where democracy is held up as an ideal, rather than being better than the alternatives (the ideal situation would be one where no government intervention was ever needed, which is obviously a pipe dream, but ideals don't have to be practical to offer guidance).

    --
    Nerd rage is the funniest rage.
  182. Re:GPL is the problem by postbigbang · · Score: 2

    Indeed we agree; my mistake.

    --
    ---- Teach Peace. It's Cheaper Than War.
  183. Re:GPL is the problem by Maskull · · Score: 1

    But if not contributing to car accidents is your primary concern, you could simply not make cars. Likewise, if you're more concerned about your code not being used in a bad way, than about it being used at all, why write it?

  184. Re:GPL is the problem by icebraining · · Score: 1

    After closer inspection, thankfully, it turns out libFLAC/ only uses the items in flac/FLAC/ and those items have the Xiph license.

    That should be obvious. If libFLAC depended on GPL licensed files it couldn't be distributed as Xiph.

  185. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I'm not seeing how the GPLv3 is a problem to anyone but control freak assholes.

    Like commercial, for-profit software companies.

  186. Re:GPL is the problem by Desler · · Score: 1

    I'd think it was pretty simple:

    Sure if you only look at it superficially. You also have to deal with all the uncertainty of what is a derived work or not. Obviously the FSF would like it to be as broad as possibly but there isn't much hard case law to back either way so that uncertainty is something that a commercial company is not going to want to put up with.

    if you give someone the binary, you make the source code available to them.

    Until people complain that you aren't supplying the source in the form they want and they start a huge stink about it. And that's just a single example and there are many others.

  187. Re:GPL is the problem by nemasu · · Score: 0

    I wish you had mod points too.

    --
    I made an app! Shoutium
  188. Re:GPL is the problem by iluvcapra · · Score: 1

    So in your view it's okay if someone just takes your code / program and sells it under his own brand as a proprietary software package, makes lots of money, without contributing back anything to the open source community? Because that's what you're suggesting.

    This is the central conflict -- the code is on my hard drive, it's mine in any "information wants to be free" sense. However, there's the GPL, which is relies on a strong definition of intellectual property, that asserts that even though you have possession of the code, the copyright holder retains a proprietary interest and all of the rights with regard to how it may be distributed. It's really just the same sort of arbitrary IP line-drawing that the USPTO does every day, they just draw the line in a different place than a commercial software vendor. It's designed so that any improvements a contributor may make revert to the rights holder of the base, instead of a commercial source-code license, where improvements and the right to distribute those improvements would be retained by the licensee.

    There's a lot of heat and light about freedom, but all it is is RMS using Intellectual Property law to try to keep alive his memories of going to school in the late 70s and having access to the source code to SysV Unix, source code that was licensed to his college for educational purposes and with AT&T hoping that it would make Unix "viral" with CS students.

    --
    Don't blame me, I voted for Baltar.
  189. Re:GPL is the problem by Archangel+Michael · · Score: 1

    That is exactly what is happening. The problem is the people who wrote GPL(3) aren't happy because really good code isn't being used because the restrictions they placed on it are onerous to companies like Apple. The GPL(3) is functioning as it was designed, restricting use of GPL(3) code. It is just not the way they thought it would pan out.

    SAMBA is going to be replaced with something that works that has fewer restrictions on it. Unless they revert back to GPL(2).

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  190. No, it doesn't say that AT ALL. by Anonymous Coward · · Score: 2, Insightful

    No, it doesn't say that AT ALL.

    What it DOES say is that if you put YOUR software patent into YOUR GPL3 code then YOU are agreeing that anyone else can use that software patent under terms compatible with the GPLv3 license.

    What it DOES NOT say is that if you use GPL3 software you can't have patents or have to give them away. Just don't modify the GPL3 program or make a derived product (as defined by your government, so if you don't like the definition, take it up with them) and include patents you won't give anyone else.

    Since Apple only want to USE Samba, not make their own version of it, they can't be putting THEIR patents in the Samba software, so the GPL3 license isn't a problem.

    1. Re:No, it doesn't say that AT ALL. by NatasRevol · · Score: 1

      What it DOES say is that if you put YOUR software patent into YOUR GPL3 code then YOU are agreeing that anyone else can use that software patent under terms compatible with the GPLv3 license.

      How in the hell is that not giving up rights to your patents?

      And how in the hell is ANY commercial company that protects their patents ever going to agree to that?

      Apple wants to do more than just use Samba. They build a front end on to it, but don't want to have to share all their patents with anyone who uses it. So yes, the GPLv3 *IS* the problem.

      --
      There are two types of people in the world: Those who crave closure
    2. Re:No, it doesn't say that AT ALL. by Homburg · · Score: 3, Insightful

      How in the hell is that not giving up rights to your patents?

      Because it's not giving up all rights to all patents - it's giving up specific rights to specific patents. By using GPLv3'ed Samba, Apple would be allowing use of any patents that Apple has that apply to Samba, by other people in their use of GPLed Samba. If Apple isn't willing to do that, i.e., it's not willing to let other people use Samba, then it damn well shouldn't have the right to use Samba itself.

    3. Re:No, it doesn't say that AT ALL. by JAlexoi · · Score: 1

      They build a front end on to it, but don't want to have to share all their patents with anyone who uses it.

      Now let me translate your words into corporate logic: We want to use your source code and your work for free but, even by distributing it, we reserve the right to sue you into oblivion using patents...
      That is one very important GPLv3 feature.

    4. Re:No, it doesn't say that AT ALL. by IgnitusBoyone · · Score: 1

      That depends if they link against it. I mean LGPL !+ GPL. I'm no expert, but I am fairly sure you could not write a front end for SAMBA that links against SAMBA libs if it is not LGPL. By extension one can argue that if you have a patent anywhere in your code base that links against an unmodified lib you must grant everyone free access to use that patent.

      A smarter man then I might explain when this is true ( if ever) , but I promise you this is why most people will stay away from GPLv3

      --
      Momento Mori
    5. Re:No, it doesn't say that AT ALL. by NatasRevol · · Score: 1

      I didn't say all patents. But you are giving up rights to your patents that are in that derivative work. And no sane, for-profit company will ever do that.

      Regardless if you think it's justified or not.

      --
      There are two types of people in the world: Those who crave closure
    6. Re:No, it doesn't say that AT ALL. by NatasRevol · · Score: 1

      Because, god forbid, a company protect it's patents.

      You're right. It is one very important feature. But it's not a good one for any developer who doesn't want to give away their rights to patents included in derivative works.

      --
      There are two types of people in the world: Those who crave closure
    7. Re:No, it doesn't say that AT ALL. by Homburg · · Score: 1

      Well, for-profit companies "give up" the copyright on work they contribute to open source projects, presumably because they think access to the open-source project is worth more to them than their exclusive control over their code would be. Why wouldn't the same trade-off sometimes be true for patents?

  191. Re:GPL is the problem by Anonymous Coward · · Score: 1

    So those couple of pages of restrictions that come with using GPLv3 make software licensed under it free?

    Calling GPL "free software" is probably the biggest lie the FSF ever told. It's restricted to hell and back.

  192. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Yes because millions of geeks will sense the violation and suddenly cry out in terror.

  193. GPLv3 is more free than BSD by Anonymous Coward · · Score: 0

    Imagine if pre war Nazi Germany had a constitution which prevented the population voting away their own rights. What would have been the result, a less free country or a more free country.

    The BSD and similar licences allow you to give away all rights to code based on your work. It was designed to allow software produced in universities to be privatised and that remains its primary purpose. GPLv3 prevents the closure of the code in just the same way as a robust constitution prevents dictators from getting undemocratic practices voted in to replace the democratic ones.

    The Nazis would deny this though.

  194. Re:GPL is the problem by macson_g · · Score: 1

    Bullshit WTFPL license is much more free than public domain.

  195. Re:GPL is the problem by Anonymous Coward · · Score: 0

    GPL style "freedom" is socialist "freedom" while BSD style freedom is true liberty.

  196. Re:GPL is the problem by ChristopherBurg · · Score: 1

    Anarchy != Chaos.

    Just because there is no state doesn't mean society will allow you to get away with initiating violence against another.

    Don't confuse anarchy with chaos. Chaos sucks. Slavery was first an institution granted legitimacy by states, you could own slaves legally even though a state was in place.

  197. Re:GPL is the problem by icebraining · · Score: 1

    That's shortsighted, because it's considering only two parties (the original developer(s) and the redistributer) while failing to acknowledge the third-party (end user).

    Absolute freedom is impossible. The GPL tries to "distribute freedom" between all the parties to ensure that everyone gets all the usage rights, even if it reduces some distribution rights.

  198. Re:GPL is the problem by $RANDOMLUSER · · Score: 1

    I think you're mixing apples and onions here a little. Corporations are welcome to use and/or modify GPL code all they want - internally. The rub comes when they want to redistribute and/or sell that code. At that point, their modifications have to go back into the kitty so everyone else can benefit. And yes, before anyone tries confuse the issue further, this doesn't apply to LGPL code.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  199. Re:GPL is the problem by mysidia · · Score: 1

    What's happening is wrong... The GPLv2 is a mature stable license, that has been proven. The GPLv3 is a relative newcomer, bleeding edge. With fundamental problems for some the GPLv2 did not have.

    Samba never should have moved to GPLv3. They should have either forked, or closed shop and started a new GPLv3-based project.

    The GPLv2 ought to be considered the stable license... the GPLv3 ought to be considered experimental, regardless of whatever the FSF says, it's just not proven -- it's a new animal, like Vista was a new animal. And it breaks compatibility with the GPLv2, being a major new release.

    Existing projects should not undercut their users by migrating to the v3.

    GPLv3 should be something used by completely new software projects, if it is studied carefully and meets the developer's needs and the community's needs.

    I'm not saying the Samba community should cater to Apple... but Apple is not alone in their GPLv3 concerns, and there are likely other Samba sponsors this would have impacted.

    Upping to GPLv3 mid development is like changing the deal, especially when other companies have helped assist with or fund Samba development.... now if GPLv3 makes it unusable to them, they don't benefit from what they gave the community.

    It's legal, but it's kind of like stealing. The community members being disrespectful to business participants by mucking with the deal (?)

  200. Discussion? by bussdriver · · Score: 1

    So where is the debate above GPLv2 vs GPLv3?

    I wasn't so keen on GPLv2. Its bad enough already but to create revisions when most people hardly understand v1 (most are not slashdot readers.)

    I think it should just be GPL+ where the author slaps on additional restrictions instead of pushing more stuff into GPL v# so we end up with a bunch of different things under the same heading.

    I like sometimes fixing something in GPL code - for the contribution factor, not because somebody might be locking down an installation of the software. The lock-in part I don't mind and in many situations volunteers wouldn't mind but a few big contributors or some non-profit then decides to shift it to something else -- that kind of bugs me. GPL v4 should state that all future modifications must stick to the GPL it started with and not be allowed to migrate to something else. Sure its still GPL at its core-- until microsoft embraces GPL and their lawyers get GPLv5 in 10 years... (Apple wouldn't they'd do APLv2 or something and claim it was a compatible thing to transition the GPL code to..)

    Don't think the law actually works on its own forever; the lawyers seem to have less respect for it than .... May I suggest a documentary which illustrates my point: "The Art of the Steal" which shows just how strong a good legal document actually is.

  201. Re:GPL is the problem by rdelcueto · · Score: 1

    Freedom != Do or use as you want. More specifically, Free Software != Software which, you can, use it however / do with it whatever, you want.
    People still don't understand the definition of Free Software.

    "Free software is a matter of the users' freedom to run, copy, distribute, study, change and improve the software. More precisely, it means that the program's users have the four essential freedoms:

    The freedom to run the program, for any purpose (freedom 0).
    The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
    The freedom to redistribute copies so you can help your neighbor (freedom 2).
    The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this."

    The only reason why someone (Apple) wouldn't want to use/include GPL licensed software is, they don't intend to support or keep the software FREE (as in FREE speech).

    The GPL license might imply some restrictions into how you want to distribute the software, but this restrictions are only for the software to STAY free. Now, I'm not gonna monger here about software patents reforms, but let's make it clear, GPL is not bad nor evil. It's your choice if you want or not to use Free Software, but if you do, you are only asked to play by the rules.

    This kind of decisions alarm me, as a user. If there's something wrong with the open source Samba implementation, they could fix or improve it. I don't see any good reason (from the user point of view) to redo the implementation and make it closed proprietary software. They could as well create an alternative free implementation, under a license that suites their distribution needs.

  202. Re:GPL is the problem by smartr · · Score: 1

    good != liberty
    patent != liberty
    BSD < patent
    GPL.patent != Apache.patent

  203. Re:GPL is the problem by suutar · · Score: 1

    I suspect that the issue is not that the GPLv3 disallows commercial use (because, well, it doesn't). But it does have new clauses, relating to how the presence of GPLv3 code can affect other parts of the product, and the effects can change depending on how the packager did stuff, and nobody really wants to be the first to do something that sounds reasonable and then get slapped with a lawsuit asserting that they interpreted it wrong.

  204. Re:GPL is the problem by bulled · · Score: 1

    The BSD license is more concerned with "your" freedom while the GPL is more concerned with "mine". The GPL guarantees that everyone involved with a particular piece of GPL'd code will all have the same rights as the first user/distributor did. No one can take rights present for that particular code away. The BSD license makes no such promise, I can take some or all of your project, redistribute without source, and keep all modifications. Now the user of this derivative project doesn't have the same rights as the distributor of said project did. This situation is not possible with the GPL. Use whatever license you want, neither is _more_ free as they both remove rights (the GPL from the distributor and the BSD from the user).

  205. Simplicity of this nonsense by kdsible · · Score: 0

    Apple LIKE M$, IBM, ORACLE are for profit companies. They do what is in THEIR best interest. If your "whatever" in any shape or form prevent them from doing what THEY want then they go alternative. There's nothing wrong with profiting from free but give back from which you took....opensource... Its irrelevant if GPL3 is is isn't for you. -The difference of opinion is an opinion.

  206. Re:GPL is the problem by onefriedrice · · Score: 1

    If a developer in the forest offers to distribute 3rd party GPLv3 code, and no-one is there to see this, has a GPLv3 violation occured?

    Good question. Let's wait and see what RMS' lawyers have to say. Or just use a different license that is shorter and simple enough for everyone to understand clearly and doesn't inherently cause a barrage of inter-license incompatibilities. A simple, down-to-earth license is joy.

    --
    This author takes full ownership and responsibility for the unpopular opinions outlined above.
  207. Re:GPL is the problem by Lemmy+Caution · · Score: 1

    Does having a restriction against enslaving others make this a less free society?

    The GPL creates an ecosystem of freedom.

  208. Re:GPL is the problem by king+neckbeard · · Score: 1

    Do you see preventing killing sprees as something in opposition to liberty? In an absolute sense, it is, but if you mean liberty in the normal, non-anal retentive way, then it's not a restriction of liberty, and a 'free country' can still prevent killing sprees.

    --
    This is my signature. There are many like it, but this one is mine.
  209. Re:GPL is the problem by scharkalvin · · Score: 1

    The GPL tries to balance on a tight rope. The GPL DOES give you freedom to do anything you want with the code EXCEPT deny anyone else the same if YOU distribute the code. The GPLv3 attempted to close a few loopholes that the GPLv2 allowed in that regard. The sticky thing is that you can't take GPL'ed source code and use it with your own code to make a 'closed source' binary application to sell. You CAN sell a software product that uses GPL'ed code, but it has to be licensed under a 'free software' license that is compatible with the version of the GPL that the original code was.

    The BSD license lets you do almost ANYTHING with the code including make it part of a closed source project. Here your modifications are lost to the open source world, but the original code you started with isn't. In this regard the BSD license is like a free gift with no strings attached, while the GPL is like marrying the bosses' daughter.

  210. Just what *are* the GPL3 values by Rob+Y. · · Score: 1

    The article mentions that GCC has now been made GPL3, and Apple's stopped contributing.

    Now, I understand why the Samba folks might not want their code to be used to produce an unmodifyable network appliance. GPL3 can help there, I guess. But Apple's not preventing Mac owners from updating Samba modules on their systems, so it's not that part of GPL3 that's causing the problem. And GCC isn't likely to appear in locked-down appliances at all. In fact GCC, as a dev tool, is probably a candidate for LGPL-type licensing.

    So the Mac ends up being collateral damage to something else in the GPL3. And I assume the problem is the part of GPL3 about patents. I hate software patents as much as the next guy, but I don't see how Apple's embrace of them affects Samba users on Macs one bit. So, it's a political position, not a practical one. And a self-defeating one, if you ask me. All it does is make Macs work worse in Windows-based networks, ceding a bigger segment of the market to Microsoft.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
    1. Re:Just what *are* the GPL3 values by metamatic · · Score: 1

      But Apple's not preventing Mac owners from updating Samba modules on their systems

      Not yet. But who's to say they might not be planning to add SMB or Active Directory support to the iPad?

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    2. Re:Just what *are* the GPL3 values by Rob+Y. · · Score: 1

      Not yet. But who's to say they might not be planning to add SMB or Active Directory support to the iPad?

      Well, if they do, then that's the Tivo 'problem'. I don't think it's a problem (and neither does Linus), though Stallman has a different idea of what constitutes my freedom... But seriously, as long as any changes Apple makes to Samba are contributed back, the GPL2 would be fine with it. And that's where GPL3 goes too far IMO. Sure, you'd like your iPad to be unlocked. But it isn't - so don't buy one. Would you rather that iPad users not be able to access Windows shares - to the benefit of Windows tablets and a potential monoculture?

      Of course that's easy for me to say... until B&N decides to prevent rooting the Nook color.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    3. Re:Just what *are* the GPL3 values by jbolden · · Score: 1

      All of the GPL is political. Always has been. The GPL3 is about plugging holes in GPL2. Patents can and have been used to effectively limit freedoms under GPL2. Ergo...

    4. Re:Just what *are* the GPL3 values by jbolden · · Score: 1

      That wouldn't present a problem. If the Samba team, or someone not Apple, released Samba for OSX via. the Apple Store as a free application then Apple doesn't pick up a GPL3 patent issue in the same way a book store doesn't pick up a copyright problem for a book in good faith that they sell.

    5. Re:Just what *are* the GPL3 values by macs4all · · Score: 1

      The article mentions that GCC has now been made GPL3, and Apple's stopped contributing.

      Now, I understand why the Samba folks might not want their code to be used to produce an unmodifyable network appliance. GPL3 can help there, I guess. But Apple's not preventing Mac owners from updating Samba modules on their systems, so it's not that part of GPL3 that's causing the problem. And GCC isn't likely to appear in locked-down appliances at all. In fact GCC, as a dev tool, is probably a candidate for LGPL-type licensing.

      So the Mac ends up being collateral damage to something else in the GPL3. And I assume the problem is the part of GPL3 about patents. I hate software patents as much as the next guy, but I don't see how Apple's embrace of them affects Samba users on Macs one bit. So, it's a political position, not a practical one. And a self-defeating one, if you ask me. All it does is make Macs work worse in Windows-based networks, ceding a bigger segment of the market to Microsoft.

      While I agree that the SAMBA project and the GCC project both have bitten off their noses to spite their faces in this regard, I disagree that it should automatically follow that this won't actually result in a net GAIN for Apple users in general.

      Both SAMBA and gcc, like most F/OSS projects, never seem to quite get it together, and truth be told, part of the reason that Apple is abandoning those projects is that, just like with launchd (which Apple then Open-Sourced) vs. the old rc boot process, their homegown solutions are often significant improvements over the original F/OSS code.

    6. Re:Just what *are* the GPL3 values by dougisfunny · · Score: 1

      Lets just hope then they actually do something with it instead of ignoring it in favor of iOS right?

      --
      This is not the funny you're looking for.
    7. Re:Just what *are* the GPL3 values by doomsday_device · · Score: 1

      And that's where GPL3 goes too far IMO. Sure, you'd like your iPad to be unlocked. But it isn't - so don't buy one. Would you rather that iPad users not be able to access Windows shares - to the benefit of Windows tablets and a potential monoculture?

      I see what you did there.

      Apple is a relatively wealthy corporation. They sell proprietary devices to great profit. They can for sure afford to write - or fork - their own flavour of appropriately (for their needs) licensed SMB-share interaction software.

      Whatever one may think of the GPL v3 (I, personally, don't like some parts of it all that much), it's not like Apple is entitled to use software whose writers specificaly chose to use a license deliberately incompatible with their current business model.

    8. Re:Just what *are* the GPL3 values by WNight · · Score: 1

      Would you rather that iPad users not be able to access Windows shares

      I see no reason why Apple needs charity. If they want to offer the feature let them pay to code it.

      Let some company willing to pass the benefits on to the user get that boost.

    9. Re:Just what *are* the GPL3 values by presidenteloco · · Score: 1

      I wonder if it's going to be possible/practical to install a "free" Samba on MacOS 7 to replace whatever more limited thing apple delivers.

      --

      Where are we going and why are we in a handbasket?
    10. Re:Just what *are* the GPL3 values by Anonymous Coward · · Score: 0

      That wouldn't present a problem. If the Samba team, or someone not Apple, released Samba for OSX via. the Apple Store as a free application then Apple doesn't pick up a GPL3 patent issue in the same way a book store doesn't pick up a copyright problem for a book in good faith that they sell.

      Except Apple can't distribute GPL3 apps via the App Store, because the GPL doesn't allow you to place additional restrictions on recipients of the software, and the App Store requires that you place additional restrictions on recipients of the software.

    11. Re:Just what *are* the GPL3 values by Anonymous Coward · · Score: 0

      Sure, you'd like your iPad to be unlocked. But it isn't - so don't buy one.

      I haven't, and I haven't bought an iPhone either, even though I've been a Mac user for 20+ years.

      Would you rather that iPad users not be able to access Windows shares - to the benefit of Windows tablets and a potential monoculture?

      Yes. An iOS tablet monoculture is as bad as a Windows monoculture, as long as iOS remains crippled. Worse, actually, because at least Windows lets you run any software you want.

    12. Re:Just what *are* the GPL3 values by jbolden · · Score: 1

      What restrictions is Apple placing by means of license / copyright? The provisioning file operates off the binary its a statement of fact of the binary's checksum.

    13. Re:Just what *are* the GPL3 values by jrumney · · Score: 1

      But who's to say they might not be planning to add SMB or Active Directory support to the iPad?

      Provide users a convenient way to get files on and off their iPad without using Apple's own proprietary software? Not likely. If you aren't forced to use iTunes, you might be tempted to buy your music elsewhere.

  211. Re:GPL is the problem by gnasher719 · · Score: 1

    So long as you pass on to your customers the benefits that you gained by adopting GPL'd software, no problem. They can use it. If you want to pass on a version with additional restrictions on what they can do with the software, then no, you can't do that. And that's the entire point of the GPL. Is it so hard to understand?

    And that is exactly why Apple can't use this on the iPhone. They don't want iPhone customers to replace system software with modified system software. They don't mind giving the customers the source code, even if it means that a lot of Apple written source code is running on Nokia or Android devices, and they don't mind customers installing modified or improved versions of Samba on an Android phone. Just not on an iPhone. Which means no GPL v.3 software for Apple.

  212. Change the summary by jdc18 · · Score: 1

    cmdrtaco, please, please correct that summary. Can you change this However, the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially To something like However, the Samba team has moved active development of the project to the more strict GPLv3 license, which people at Apple somehow got the idea that it prevents them from using the software commercially Or a more apple friendly solution, However, the Samba team has moved active development of the project to the more strict GPLv3 license, which is not compatible with Apple closed source standard. I think most of slashdot users will agree with the change. The summary is misleading and for people who doesnt understand this might make them that gpl v3 is for non commercial software.

  213. Re:GPL is the problem by indeterminator · · Score: 1

    You have the liberty of not using software that is released under a license you don't like.

    Liberty does not mean that your actions don't have consequences. You have the liberty of doing anything you want with software someone else created. As a consequence, someone else might have the liberty to sue you.

  214. Re:GPL is the problem by Draek · · Score: 1

    SAMBA is going to be replaced with something that works that has fewer restrictions on it. Unless they revert back to GPL(2).

    Or Apple can't find any replacement that works, and they realize spending thousands of dollars developing a replacement in-house just to continue fighting their own petty war against Openness is idiotic.

    --
    No problem is insoluble in all conceivable circumstances.
  215. Re:GPL is the problem by Archangel+Michael · · Score: 1

    And if it ceases to be useful to a developer .... ?

    The GPL(3) isn't about code, or the users, it is about commercial usage of formerly useful code. It is about appearing to be for "users" but in the end, what good is code that nobody can use, unless they do it themselves?

    SAMBA is getting what they deserve, less people using their software, making it less useful for users. You see, it isn't about the users at all, is it?

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  216. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Which GPL v2 did and did well. GPL v3 was designed for political reasons from TiVo and is causing nothing but problems. As far as im concerned GPL v3 is the worst thing to happen to open source software.

  217. Re:GPL is the problem by slapout · · Score: 2

    "either you see it my way our you're wrong"

    Isn't that pretty much what RMS and FSF say?

    --
    Coder's Stone: The programming language quick ref for iPad
  218. Re:GPL is the problem by Lemmy+Caution · · Score: 1

    So, is aristocracy and feudalism - in which the first to grab something are "free" to create whatever rules they want, live however they want, without accountability to anyone, which frees them to kill, imprison and exploit peasants and serfs with impunity, restrict their travel, etc - freer than democracies, in which no one is "free" to casually restrict the freedoms of others? Like I say above: am I less "free" because I cannot enslave others, if the benefit of that is that no one can enslave me? I think that this restriction makes me freer.

  219. Re:GPL is the problem by spinkham · · Score: 2

    GPL seeks to maximise liberty for the end user.
    BSD seeks to maximise liberty for the developer.

    Both promote a kind of freedom, just for different parties. That's the way it is in the real world, liberties for different parties are balanced against each other.

    --
    Blessed are the pessimists, for they have made backups.
  220. Re:GPL is the problem by TheNinjaroach · · Score: 4, Informative

    The BSD license is free as in beer.

    I don't think you understand what "free in as beer" means. When something is free as in beer, you are welcome to drink as much of it as you want for no charge. You don't get the recipe to the beer, you aren't given the ingredients, you don't get a say in how the beer should taste or could be tweaked for the better.

    Closed source software that doesn't doesn't have licensing costs is the analogy described by "free as in beer."

    The GPL license is free as in liberty.

    Both the GPL and the BSD are free as in liberty, because you are given the code and permission and customize it to do what you want.

    In my opinion, the GPL is less free than the BSD license because my liberty becomes limited when I want to distribute my changes in the application to others. With BSD, I'm given the liberty to license the software how I want and I'm given the liberty of not having to provide my source code to others. For a lot of the work that I do, that becomes a big deal -- I can provide software or a service without having to worry about the extra effort required to release something as GPL.

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  221. Re:GPL is the problem by TheGreek · · Score: 1

    If you believe that liberty has no conditions, such as equality, then you might be thinking of the word license.

    I actually think you have that backwards--if you think that liberty has conditions, then you might be thinking of the word license.

    The GPL grants many things. Perpetual access to the source code of derived works is one of those things. Liberty is not.

  222. Re:GPL is the problem by CptChipJew · · Score: 1

    Someone didn't get their hug this morning :(

    --
    Vonal Declosion
  223. Re:GPL is the problem by tuffy · · Score: 1

    If the developers just wanted lots of users and didn't care for what those users did with their code, they could've just placed code in the public domain and not used the GPL(3) license at all. But since they used that license, they're not losing any sleep over the fact that people who don't like it aren't using their code.

    Just as Apple sells iWork under a license that prevents people from distributing it for free on the internet. Therefore, they're not too upset that they might have less iWork users because some people are unwilling to pay for it instead.

    --

    Ita erat quando hic adveni.

  224. Re:GPL is the problem by scharkalvin · · Score: 1

    That is just plain 'revenge' IMHO. "You can't have it unless you follow my rules". Well I guess the FSF doesn't want to give the enemy anything they can use against them. M$ will just have to write their OWN code to sell to fund their lawyers in the legal battle against OS.

  225. Re:GPL is the problem by freakingme · · Score: 1

    With GPL you /impose/ it be free. With BSD you /allow/ for it to be free. Seems like an equal equation to me.

  226. Re:GPL is the problem by icebraining · · Score: 1

    It's a constraint satisfaction problem. You want to maximize a certain value (usage) with violating a constraint (contributing to lack of user freedom).

  227. Re:GPL is the problem by Lord_Jeremy · · Score: 1

    Indeed. This is the issue with society/humanity in general though. The ideal situation for software licensing (and pretty much all contract and law) would to have absolutely no software licenses simply because everyone inherently doesn't do anything that anyone else disagrees with. Alas, that's an incredibly unlikely situation to occur in the near future (barring there being a worldwide nuclear holocaust with only one survivor). Thus we must stoop to the next best thing: there are laws, contracts, and licenses in place to ensure that at all times, the largest possible group of people is pleased. That's the theory behind democratic government and such. Of course, that's not even close to reality either. I think that time will tell with this current software predicament.

    To my knowledge, a number of critical projects have held off switching to GPLv3. Also, this loophole fix in GPLv3 makes it less likely that certain bodies (commercial ones, of course) will use GPL software, as they may have only been willing to comply under the previous terms. On the other hand, the "spirit" of the license has not changed, so I do not see any reason why developers who had chosen not to adopt it before would do so now.

    For what it's worth, I'm more of a supporter of the BSD concept, although I do see the need for both. While I do support free software pretty strongly, I don't see commercial software going away any time soon and I think the open source community should seek allies within the realm of proprietary usage. I don't hate iPhones because I believe the user should be able to decide that they don't care if they are locked into a walled garden. Of course it would make me happier if there was a "jailbreak" button that informed users of the consequences of root access, but the fact that there isn't doesn't make me want to boycott Apple. Everyone on all sides of the issue needs to realize that this is not a perfect world and we can't all be happy and in agreement. Compromise is the only way for everyone to move forward.

  228. Honest question.. by twebb72 · · Score: 1

    How many people are running NT domain controllers on a Mac? Seriously... Naturally, my next sentiment is -- who cares.

  229. Re:GPL is the problem by Christianfreak · · Score: 1

    I'm not sure how it's even legal. Did the Samba team get all the contributors permission before switching to GPL 3? If they had switched to a new license all together I'm certain that legally they would have had to do that. Since the GPL 3 contains new requirements I don't see why it's not being treated as a new license. If I had contributed to Samba I would personally be very upset by the license change.

    It's really unfortunate. FSF does a lot of good things and Stallman is no doubt brilliant. But Stallman is also an ideologue and he ultimately controls the licenses. Many people here and elsewhere have the opinion that v3 goes too far but he's been unwilling to listen to the concerns. The real way to deal with patent abuse is through the courts and congress.

  230. Re:GPL is the problem by Anonymous Coward · · Score: 0

    For liberty to work it is required to limit liberty a reasonable amount. Not allowing others to remove the other's freedom is completely reasonable. That's what the GPL is intended to be. When you take other's code, modify it and then sell it you are destroying everyone else freedom. In order to preserve freedom you must limit it.

  231. Re:GPL is the problem by Draek · · Score: 1

    The GPL3 is causing the same sort of "all or none" lock-in via legal instead of technical means. It is becoming very difficult to mix GPL3 software with commercial software.

    Not really, it isn't: I've got Unreal Tournament 2004 installed on the very same PC I use to develop software with GCC, no problems installing either whatsoever.

    The problems as usual only begin when greedy corporations want to get free code without contributing back, but that's a situation 99.99% of end-users will never find themselves in because most people can't code, most people that can code aren't interested in mixing up their code with pre-existing software, and most people that are interested have no problem contributing back to the project they benefitted from.

    Really, as far as ordinary people are concerned, the only difference between the GPLv3 and the BSD license is which set of funny letters they need to type them.

    --
    No problem is insoluble in all conceivable circumstances.
  232. Re:GPL is the problem by cpu6502 · · Score: 1

    >>>Slavery was abolished, and as a result, you _cannot_ sell yourself into slavery.

    Yes you can. The US Constitution only forbids INvoluntary servitude. You are free to volunteer to be a slave, or indentured servant.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  233. Re:GPL is the problem by tuppe666 · · Score: 1

    WOW. Lets be fair your promoting a BSD licence over a GPL one, While making strong anti-proprietary statements, mixing with Legality of using the Patently Encumbered H.264 format, and the loser OSvs Android WP7. I do not know where to begin.

    Open source is a "development model"(amongst other things), GPL unlike BSD enforces that changes to make a are make available. Whereas Changes can be made to BSD code and that code can be kept secret wrapped up in proprietary software. This is why Linux prefers the GPL License for his code and Apply prefer a BSD License in their propriety product. Notice at no time do I use the word freedom, as I believe a developer can choose whatever licence he wants for their code.

    I have no idea why you are talking about free speech. If you advocate free speech you do just that, in fact if you advocate free speech the whole point is that people will say things you agree/disagree with. Personally I would rather live in a world where people can not afraid of speaking.

    Companies do not have to open source code completely because of GPL that is simply a lie. It does mean that you cannot create a Samba using samba source and not release samba source, but then thats the point, I find it somewhat strange that you are advocating individuals making money from other work without any benefit those who wrote it.

    I find it somewhat strange that you talk about the free and opensource movement(sic) on one hand and companies on the other...when they are often the same. The Linux kernel for instance is programmed mainly by companies. In fact what you really mean in companies who don't want to give back.

    H.264 is interesting that you mention it because it is patent encumbered. Introspective of License, you pay. Google spent 100 million buying a company, and Firefox haven't used it in there product. Simply becuase the cost is too high. WP7 on the other hand is simply not a good phone OS and Microsofts ever decreasing market share irrespective of the License.

    Not really sure about your final conclusion that beating Microsoft and GPL stopping that, on the desktop BSD/Apple haven't done that, and on the new platform of none desktop based OS. Microsoft are not even in the running.

  234. Please don't compare Apple to Sony by rsborg · · Score: 4, Insightful

    Apple has neither attacked a hacker nor put rootkits on users' systems.

    Apple and the FSF may not see eye to eye, but Apple is one of the better corporate citizens when it comes to open source and the end customer.

    None of the above has any bearing on whether you want to boycott their closed-system approach. I applaud your boycott, though I won't be joining you.

    --
    Make sure everyone's vote counts: Verified Voting
    1. Re:Please don't compare Apple to Sony by woboyle · · Score: 1

      I generally agree with this, and as corporate citizens go, Apple is better than many/most. However, the trend seems clear as I said in another reply/reply, and that is what worries me the most. Instead of fostering openness, they seem to be heading more and more to a closed ecosystem, and one where they get a slice of all revenue that comes from selling products that work with Apple's.

      --
      Sometimes, real fast is almost as good as real-time.
    2. Re:Please don't compare Apple to Sony by sl3xd · · Score: 1

      I am a fan of a review/vetting process: Apple does it with the app store; but the Mac App Store is remarkably similar to what we see with a standard Linux distribution - by default, the distribution only provides its own packages (ie. Ubuntu uses its own software and repositories; same story with Fedora, openSUSE, etc.)

      There's a level of assurance that somebody in the distribution's organization reviewed/vetted the software. The Linux packages are cryptographically signed for authenticity, and are provided through official channels.

      For the moment, this is remarkably similar to the Mac App Store: In both a Linux Distribution, or the Mac App Store, you can still install whatever software you want, from any source you want. You can choose to use the "official" vendor-provided method, or through a number of alternate installation methods.

      This is why I think Linux folks freaking out about the Mac App store is hypocritical: Linux distros have been doing the same thing the Mac App store is doing, and Linux distributions have been doing it for at least a decade longer. Additionally, there are a number of open-source projects that distribute through the Mac App store (and they require GNU-like reassignment of rights for contributions). Textual and QuickCursor come to mind: Both are sold in the app store, and the source is hosted on github.

      When dealing with Linux, I tell my customers to stick to the distribution packages, and not some random RPM/deb package compiled by some guy on the internet, which may well contain malware, cause system instability, or (worst of all) provide incorrect results. It's cheaper from a support standpoint to 'stick with distro packages', and lowers the number of headaches I have to deal with.

      Linux vendors have been vetting the software in their distro for a decade, to increase reliability, security, and reduce support costs, but when Apple starts doing the same thing for OS X, it's suddenly bad? WTF?

      True, there's no guarantee that something obtained from any vetting process will be perfect, but having an often adversarial third party approve your program as "good enough" is assuring from a QA standpoint. It's harder for a salesdroid to say "it compiled; ship it!".

      The ability to immediately halt distribution should malware (or serious security problem) be found in it also provides incentive for the application programmer to stay away from the very appearance of malware; it also allows a distributor of software to protect its reputation by not making a problem worse through continued distribution of bad software.

      This cuts both ways, of course: Who watches the watchman? Can we trust any organization to do the "right" thing, especially with so many different ideas as to what actually is 'right'?

      Is there something intrinsic to Red Hat, Novell, or Canonical that makes them more trustworthy in their vetting process than Apple? You can say "open source" till you're blue in the face; it doesn't change the fact that all of these organizations are profit-driven.

      --
      -- Sometimes you have to turn the lights off in order to see.
    3. Re:Please don't compare Apple to Sony by makomk · · Score: 1

      This is why I think Linux folks freaking out about the Mac App store is hypocritical: Linux distros have been doing the same thing the Mac App store is doing, and Linux distributions have been doing it for at least a decade longer.

      Linux distros allow you to add whatever third-party repositories for packages you like, together with the signing keys they use, or even to create your own repository and package signing key. They also allow you to install unsigned packages. The Mac App store does not permit this. In addition, Apple have two highly profitable platforms with a similar app store which don't allow you to install any software from outside the store, and are in the process of making Macs more like these platforms.

      The two are not equivalent at all.

    4. Re:Please don't compare Apple to Sony by sl3xd · · Score: 1

      You're suggesting flexibility that simply doesn't exist: I package software using RPM and Debian professionally over a wide range of software, many different Linux distributions, and different CPU architectures. Simply adding a repo is an asinine thing to do - you have to add a repo under very particular constraints, or you'll have all kinds of problems.

      For example, with Debian packages & APT: You can only add respositories that are, well, Debian packages. RPM packages and repositories aren't an option at all. Even with debian packages and same architecture, it'll only work reliably if they used the same compiler/build chain. Try to mix Debian stable with Ubuntu's latest offering and you'll see that it's a wonderful way inflict pain on yourself.

      And mixing between the two packages? Hopeless. You're better off recompiling from source.

      Moreover, no Linux distribution will provide official support if you use anybody's software but what is found in their own repositories. Supporting software installed from "alternate" repositories is just a nightmare. If you call up Novell, Red Hat, or Canonical with support issues, and if you're using non-distro repositories, you're told that you've voided any support contract you have, and that to obtain support, you have to remove all offending software (and they have scanning software to verify this).

      So no, the distro vendors are very particular about what repositories they support.

      Yet, even though Apple has the "Mac App store", there are alternative methods (including stores) for the Mac, including:
      * fink: dpkg for Darwin.
      * MacPorts (Which is hosted by Apple, uses their bandwidth, and had Apple employees among its develoeprs. Somehow MacPorts doesn't attract protests about Apple "closing the platform")
      * Steam (only games, but it is a commercial entity, selling software via an app store.)

      And there's absolutely nothing preventing anyone from distributing OS X software in any way, shape, or form.

      The Mac App store is convenient: For customers, it's one place to go to get high-quality software with fast download speeds, and a better privacy policy than pretty much anything else out there. (Apple won't share your information, and doesn't allow apps that collect it; many application developers were upset that they don't have email and mailing addresses of customers with the Mac App store. Those that tried to be sneaky to get customer data were banned outright.)

      For developers, it's convenient as they don't have to worry about web stores, billing infrastructure, security, license keys (both original and lost), bandwidth, installation procedures, identity theft, or the myriad other details involved with selling software yourself.

      Is the Mac app store required to install software? No. You're free do do anything you want.

      --
      -- Sometimes you have to turn the lights off in order to see.
    5. Re:Please don't compare Apple to Sony by zeroshade · · Score: 1

      Apple fought tooth an nail trying to prevent Jailbreaking being a fair use exception so that they could sue people for copyright infringement for jailbreaking.

      Apple pioneers the walled garden approach to locking the end user out of their own hardware.

      Apple prefers patents and royalties to open source and freedom.

      I'm sorry, how are they "one of the better corporate citizens when it comes to open source and the end customer"?

    6. Re:Please don't compare Apple to Sony by makomk · · Score: 1

      For example, with Debian packages & APT: You can only add respositories that are, well, Debian packages. RPM packages and repositories aren't an option at all. Even with debian packages and same architecture, it'll only work reliably if they used the same compiler/build chain.

      Which is helpfully also packaged, as are the the tools required to build a package using it. I've backported packages to Debian stable for my own use before - it's really not that hard.

  235. Re:GPL is the problem by PitaBred · · Score: 1

    Those restrictions are FAR less than you get normally under copyright law. And they protect other people who would benefit from your developments on the code.

    It's liberty because protecting everyone's rights at the cost of a few people's desires. If someone wants to go on a murderous rampage, we should most certainly stop that. His desire to do that may fit the dictionary definition of liberty, but it deprives other people of theirs in the process.

    If we make a saner definition of Liberty to include not depriving others of their liberty, the GPL most certainly protects liberty, and is in no way Orwellian.

  236. Re:GPL is the problem by metamatic · · Score: 2

    And that is exactly why Apple can't use this on the iPhone.

    And OS X Lion doesn't run on the iPhone.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  237. Re:GPL is the problem by j00r0m4nc3r · · Score: 3, Insightful

    then no, you can't do that

    As soon as you utter that phrase, whatever it is you're talking about ceases to be free.

  238. Civil rights are the problem by npsimons · · Score: 1

    Civil rights is like promoting property rights until someone tries to own a slave. True freedom is letting people own other human beings. That includes whipping slaves, or killing slaves who can no longer work. If you do not allow this you're a hypocrite.

    Do you see why "limits" on certain rights don't necessarily decrease freedom? It's called living in an equitable and free society; your right to swing your fist ends where my nose begins. So it is with GPL: your right to "do whatever you want with the code" ends where other peoples' rights to do whatever they want with the code begins.

  239. Re:GPL is the problem by geminidomino · · Score: 1

    Brilliant. By that logic, Windows 7 is "free" too.

  240. Re:GPL is the problem by NoSig · · Score: 1

    GPL is like promoting free speech until someone saids something YOU don't like.

    It's sad when trolling gets modded up like that. GPL is like promoting free speech where you are and in other countries too, even if the governments in those other countries don't like it. The freedom in the GPL is like your right not to be punched in the face. You could argue that that is a limitation of the would-be punchers freedom, but that limitation is not an infringement on freedom - it is the only possible basis for freedom. If you are free to infringe freedom, then there is no freedom.

  241. Re:GPL is the problem by MSG · · Score: 1

    Perpetual access to the source code is liberty.

  242. Re:GPL is the problem by poetmatt · · Score: 1

    Saying GPL is bad for open source is like saying the sky is the ground.How about a little less contradiction and pull away from the reality of that this is about Apple, and apple's bad decision, as opposed to distracting with a huge ass spam writing that is anti- GPL?

  243. Re:GPL is the problem by polaris20 · · Score: 1

    What an extraordinary rebuttal.

  244. Re:GPL is the problem by Microlith · · Score: 2

    The GPL(3) is functioning just as it was designed, to limit commercial use of code.

    No, it's limiting the lock down of otherwise Free Software. That it exposes corporations for being control freaks unwilling to respect end-user freedom is simply a benefit.

  245. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Closed source software is crime against humanity!
    RMS is always right!

  246. Re:GPL is the problem by mysidia · · Score: 1

    I'm not sure how it's even legal. Did the Samba team get all the contributors permission before switching to GPL 3?

    The standard GPL boilerplate says "version 2 of the license or any later version". Later versions of the license allow you to change the boilerplate to "version 3 of the license or any later version"

    Developers can remove the "any later version" part, but did the Samba devs?

    If they did, and they didn't surrender/assign copyright, it's possible a p****'d off Samba dev (if there are any) could cease-and-decist letter the project, I suppose, and possibly ultimately sue.

    They would have to be a very significant contributor or be able to claim other changes were a derivative work, otherwise, the Samba project leadership could just remove the code and claim it no longer infringes.

  247. Why dual-license for Apple? by Anonymous Coward · · Score: 0

    Also, perhaps somebody could clarify why Samba defaulting to GPLv3 implies Apple not being able to use it as they wish anymore? Has nobody outside Qt ever heard of dual licensing? It seems to be working pretty well for them, and I doubt nobody at Apple has ever thought of this.

    Dear /. editors: how about some actual investigation (ever?) into the issue before joining in this willy nilly copy pasta frenzy, hmm? Maybe this was not such a good news source?

    Does Apple have to approve everyone's programs now? WTF? Why should someone have to dual-license their code because Apple wants it? Call the Wambulance for Apple, because the GPLv3 keeps them from taking other peoples work and locking it away for their profit. I have said it before, and will keep repeating it: Apple is the enemy of free software, and the FSF.

  248. Re:GPL is the problem by dgatwood · · Score: 5, Insightful

    The GPLv2 allowed them to do an end run where you could modify and use the software, but never on the device that it was distributed on. This was corrected in GPLv3, and control-freak assholes are having a problem with it.

    It's not just control freaks that have a problem with it. It's also security-conscious engineering teams. Those bits of GPLv3 betray a fundamental lack of understanding of the need for proper code signing.

    First of all, there is no good way to prevent unsigned virus code from running without preventing unsigned user code from running on a device. The last thing you want is a news story talking about how your phone has been compromised by a virus that spreads across the cell network by SMS and has turned your entire ecosystem into the cell phone equivalent of WinZombies. This goes triply for daemons like Samba, which represent prime attack vectors into home and corporate computers, and thus are in desperate need of signature checks.

    Unfortunately, any OS vendor that wants to deploy Samba cannot require that it be signed by a proper, valid code signing cert because those cost money, and would represent an additional restriction on the end user's ability to recompile Samba and run the new version. This makes the GPLv3 fundamentally antithetical to proper security as written, at least by my reading. And I'm not the only one who interprets it this way.

    More to the point, you cannot create an arbitrarily open ecosystem that allows for anyone to get a code signing cert from anywhere, as this gives you no additional protection over not requiring signing. If you can get a free cert that allows you to run code on arbitrary hardware, then a a virus writer can, too. Thus, the infrastructure must inherently be designed so that third-party code can be authorized on a per-device basis. This is nontrivial, and costs money to maintain. Yet the GPLv3 would require that such a service be free to use in order to comply with a strict reading of its terms. Clearly, this is an untenable position.

    In short, this isn't a knee jerk reaction by a bunch of control freaks. Quite the opposite, really. The GPLv3 was a poorly thought out knee jerk reaction to a bunch of control freaks that had a negative impact on consumers. So although I understand why the GPL proponents want these clauses, in the end, they're doing a disservice to themselves and to the community by policies that effectively prevent the proper use of signed binaries.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  249. Enforced freedom is the brilliance of GPL by Rob+Y. · · Score: 2

    BSD isn't bad per se, but it allows a 'bad player' like Microsoft to modify standards in ways that break interoperability. If you are attempting to write standards-compliant code, and you don't want that code to be used to sabotage the very standards you're trying to support, then the BSD's not for you.

    GPL cleverly prevents such a situation. It strikes a nice balance between commercial interests (ability to charge for products based on the code) and the ongoing freedom of the original writer to have the benefit of the code. Not necessarily financial benefit (though that's possible too), but the benefit of outside contributions and a developing ecosystem that makes the code ever more valuable. Up to GPL2 that worked great - witness the success of Linux vs BSD. Linux is much more flexible, because many more players saw the benefits of getting involved.

    GPL3 has delved beyond freedom into politics. I believe it attempts to address 2 issues.

    The first is Tivo'ization, which I think is a good thing, but some don't like. Yes, Tivo might not exist without Linux, but Linux has gotten a huge boost from being usable in appliances like this. Tivo (or Apple, in this case) still contributes any changes they make under GPL2, so that's not the problem. The problem is that you can't take their loss-leader hardware and use it any way you want. I have no problem with that, but others do (I think they're being unreasonable, and by the way, so does Linus Torvalds).

    The second is patents. That's a serious problem, but the best solution is patent reform - not 'I'm taking my ball and going home'. I guess this could work, but depriving Mac users of Samba over unrelated patent issues (I assume Apple has no patents relevant to Samba) is getting beyond the goal of 'keeping the code free'. Software patents are mostly an abomination, but GPL3 is an awfully blunt instrument to attack them with.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
    1. Re:Enforced freedom is the brilliance of GPL by jbolden · · Score: 1

      The second is patents. That's a serious problem, but the best solution is patent reform - not 'I'm taking my ball and going home'. I guess this could work, but depriving Mac users of Samba over unrelated patent issues (I assume Apple has no patents relevant to Samba) is getting beyond the goal of 'keeping the code free'. Software patents are mostly an abomination, but GPL3 is an awfully blunt instrument to attack them with.

      GPL2 was very blunt instrument to attack the semi interoperability as a result of the Unix wars. It worked and everyone is better off.

    2. Re:Enforced freedom is the brilliance of GPL by synthespian · · Score: 0

      BSD isn't bad per se, but it allows a 'bad player' like Microsoft to modify standards in ways that break interoperability.

      This factually wrong. First of all, if there is in fact a standard than Microsoft doesn't modify it at will, because most likely it will be issue buy a body of experts (W3C, ISO, POSIX, etc.) If it's a standard owned by Microsoft well, then, you're damn right they can change it.

      Besides, that argument is not a real argument: if they take some then change it to the point it can no longer be merged in the original code base then it has no point in residing in that code base because it lacks interoperability! So what you're saying is: "I can't use this with my other stuff because it's not usable with that other stuff". That's a circular argument.

      So, you seem to be very weak in your attempts to argue pro-GPL/FSF. I'm not sure I will read the rest of your post.

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    3. Re:Enforced freedom is the brilliance of GPL by Rob+Y. · · Score: 2

      Besides, that argument is not a real argument: if they take some then change it to the point it can no longer be merged in the original code base then it has no point in residing in that code base because it lacks interoperability! So what you're saying is: "I can't use this with my other stuff because it's not usable with that other stuff". That's a circular argument.

      Well, since you deliberately mis-read the first part of my post, I guess I don't give a shit whether you read the rest...

      By 'interoperable', I mean 'works with other code' - usually over the wire. I'm not talking about merging into a code base. The classic example is Kerberos, where Microsoft took open source security code (BSD or otherwise) that was intended to allow different systems to work with each other, and changed it by putting 'secret stuff' in there that nobody but Microsoft knew how to interpret. Because the code wasn't GPL, they could legally do this. But I seriously doubt the original authors intended for anybody to use their code in that way.

      But you knew that. You just don't care - or are so pro-Microsoft that you think it's okay to hijack existing standards and, in effect, steal other people's work.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    4. Re:Enforced freedom is the brilliance of GPL by synthespian · · Score: 1

      Well, forgive me for not being a little worm inside your head, watching your every thought. I'm sorry that I pointed out the logical flaws in what you stated, and now you are angry.

      And, yes, attack me and say I'm "pro-Microsoft". Actually, I do like Microsoft, and I do like Apple. Being a Linux user since, I dunno, 98, I find it still very, very aggravating and horribly buggy. In fact, Mac OS X and WIndows have gotten to a point that they beat Linux. Linux is behind the curve in tech.

      I'm pro-Good Code (and BTW, there are areas like "formal" driver verification in which Microsoft is light years ahead of Linux.). And actually, what I really like is the free market, where one gets to pick and choose excellent software, as opposed to being restricted to a small number of really shitty apps that don't do half of what people expect. Just look around you: everywhere, in every industry - do you see Linux (except running servers)? Exactly, no Linux. Linux doesn't exist except as infrastructure software. That is what it will always be, because you CANT RUN A BUSINESS BASED ON LINUX, UNLESS IT'S SOME KIND OF WEB SERVICE THING. Or you dual-license, which is lame excuse for "proprietary".

      --
      Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    5. Re:Enforced freedom is the brilliance of GPL by mgiuca · · Score: 1

      you CANT RUN A BUSINESS BASED ON LINUX, UNLESS IT'S SOME KIND OF WEB SERVICE THING

      "People usually don't" and "you can't" are very different things. You don't see Linux in industry for a variety of reasons. One is that, obviously, Microsoft Windows is extremely popular. Two, lots and lots of people know how to deal with Windows and fix problems. Three, many universities teach pure Microsoft. Four, Microsoft provides incentives for businesses to use their software.

      Now you can argue that Windows is "better" than Linux or the other way around, but I maintain that the above four reasons are the clear reasons why Microsoft is everywhere, and it has nothing to do with which is better. "I use it because its popular" is a circular argument which means you aren't necessarily using the best tools, and nothing can ever beat the incumbent. It is a reasonably dumb reason to use anything.

  250. Relativity by HomelessInLaJolla · · Score: 1

    From the anything-you-can-do department. Heisenberg's uncertainty principle indicates that it is impossible to know exact position and exact velocity at exactly the same time. Relativity. Event horizon. What is the position of the particle crossing the event horizon? What is the velocity of the particle crossing the event horizon? There is no event horizon. Relativity. You can do anything.

    In related news, GPLv3 has achieved a state of relevance. Gone are the days when we would muse over how the GPLv3 may or may not affect our world. Finally GPLv3 is a real license. It can do anything. Relativity.

    --
    the NPG electrode was replaced with carbon blac
    1. Re:Relativity by Anonymous Coward · · Score: 0

      Your're and an idiot.

  251. Re:GPL is the problem by icebraining · · Score: 1

    What if the lock down is designed to keep malware off of the user's device and maintain its stability, and the user is OK with that?

    False dilemma. You can achieve that by making the user expressly enable installation of apps from other sources, trading security and stability for flexibility.

    Not to mention that the lockdown doesn't work; an tethering app disguised as a flashlight already got through once right beneath Apple's nose. FSM knows how many real malware exists in the Apple Store.

    I have a friend with an Android phone who had an update that bricked the device, and his carrier and Google are arguing about who is responsible!

    And lots of people had to hold their phone in a specific way. So?

  252. Re:GPL is the problem by Microlith · · Score: 1

    They don't want to play with companies that insist on denying end users the freedom that the license they chose was intended to grant.

    No I'm not surprised, because many of the companies in question HATE user freedom and prefer control. It's more profitable when your users options are deliberately limited.

  253. Re:GPL is the problem by king+neckbeard · · Score: 1

    In practical terms, liberty can have conditions, as numerous examples already given have shown. If you mean absolute liberty, then you can't have conditions, but when people say liberty or freedom, they generally don't mean the absolute version of it. If you want to say that GPL isn't absolute freedom, I will agree 100% with you, but I will also feel the need to point out that any license other than the WTFPL doesn't provide absolute liberty, so if someone were advocating the BSDL instead, they would be a hypocrite. Also, I would say that you should interpret 'freedom' as meaning 'absolute freedom' only when it is proceeded by 'absolute' or a similar adjective.

    --
    This is my signature. There are many like it, but this one is mine.
  254. Give the Sauce? by kccricket · · Score: 1

    TFA doesn't mention a source, and that bothers me. Is this information about Lion derived from the early developer test versions, or has someone at Apple stated that this is the way it is?

    --
    * chirp * chirp *
    1. Re:Give the Sauce? by kccricket · · Score: 1

      Retracted. I must learn to read more carefully.

      --
      * chirp * chirp *
  255. Re:GPL is the problem by Microlith · · Score: 1

    . Just be honest about the fact that it only defends a subset of freedoms one could legitimately enjoy going with a public domain, BSD or MIT licensed project.

    And yet another person mistakes the placement of the freedoms ensured by the GPL. I'm not surprised this ignorance still exists, though. People like FUD, and trying to take other people's work for free.

  256. Re:GPL is the problem by Archangel+Michael · · Score: 1

    Limiting lock down is in itself a lock down. Do you see the irony?

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  257. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Chaos rocks! Your society sucks... Walking around like a bunch a fags pulling hankies out of your sleeves... hitting dark people with your sticks... You should pray for chaos!

  258. Re:GPL is the problem by smelch · · Score: 1

    I see your point but the GPL attempts to make others ensure the end user has full usage rights. Which is fine, its up to you to use whatever license you want to use. I just don't think its so much an "open" license as it is an ideology pushing license. Open is "here is this code, do what you will with it." GPL is "Here is this code. If you use it, you have to conform to my ideas of how software should work." I won't say its a bad license, but it isn't open.

    --
    If I can just reach out with my words and touch a butthole, just one, it will all be worth it.
  259. Re:GPL is the problem by Archangel+Michael · · Score: 1

    And the writers of the GPL(3) hate users, just not the end user, but the user between the developer and the end user.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  260. Re:GPL is the problem by AndOne · · Score: 1

    Enslaved? Really? That's the analogy you want to work with?

    Slavery implies that the person is forced to do something and stripped of their rights to do other things. Software is an object. An inanimate object. Saying someone has enslaved your software is like saying someone has enslaved the bricks they used to build their house, or since this is /. it's like saying your car has enslaved its tires.

    If someone uses your code, they have not deprived you of the original code or indeed truly stolen anything of value. You can argue that you took all the time and effort to make the code and thus the code is valuable in the time it took to create. However, you chose to make it freely available. It's polite to contribute back to the code if you've made it better, certainly, as community tends to be an important element of the human social order, but really you haven't lost anything if someone else is using your code. Your code is still freely available, but the new product that someone else made with your code is not. But now something might exist that wouldn't have before your wrote your code. So your code is already increasing utility in the market.

    GPL is saying if you want to use my code, then I have to be able to use your code. GPL then places a cost on using your code. So now your code is not free either in the sense of beer or liberty(for the developer, who lets be honest is really the person who's going to look at the code). So does it really surprise anyone that a group of developers would choose to avoid software which makes them less free?

    --
    I don't care what you say, all I need is my Wumpabet soup.
  261. Re:GPL is the problem by c0d3g33k · · Score: 0

    I wish you both had brains.

  262. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Public domain? Which by the way all code currently covered by GPL will *eventually* be in PD anyways once the copyright term runs out... :)

  263. Looks like. by SanityInAnarchy · · Score: 2

    From TFA:

    the Samba team has moved active development of the project to the more strict GPLv3 license, which prevents Apple from using the software commercially.

    I know nothing that GPLv3 does which prevents anyone from using it commercially, certainly nothing it does that GPLv2 doesn't. TFA doesn't say what Apple's actual problem is, but as evil as Apple has been, they aren't this stupid.

    On the other hand, the version of Samba Apple had been using prevented Macs from seamlessly working with modern PCs running Windows 7, which include security changes in how encryptions protocols work. Apple's own software won't be constrained by the design limitation of Samba.

    Wait, how is this lack of a feature a "design limitation" of Samba? They don't provide any source for this claim, and I very much doubt that it's a design limitation. I can believe it exists, but I find it hard to believe something in the design of Samba would prevent them from adding this feature.

    There were a few things in TFA that seem plausible, but it really looks like they lose a lot in translation. I have to ask, what is the potential audience for such an article? I usually only see two types of Mac users, the Unix people who gave up on Linux, and the "It's easier, it Just Works" people who gave up on Windows. The "Just Works" people don't care about Samba, and if OS X won't play nice with Win7, they'll either blame Win7 or ask an Apple "Genius" to just fix it. The Unix people are going to be perfectly capable of using Samba if they want, and would probably like a lot more information about what's actually going on, including why GPLv3 is an issue.

    --
    Don't thank God, thank a doctor!
  264. Re:GPL is the problem by icebraining · · Score: 1

    But it was never claimed to be. In fact, Stallman wrote an article called Why Open Source misses the point of free software.

  265. Re:GPL is the problem by CharlyFoxtrot · · Score: 4, Informative

    Either way, Apple wasn't planning on letting people modify the version of CIFS they shipped, or contribute fixes back to the Samba tree, so no real loss there. Long story short, we learned something about Apple's ideology and nothing more.

    Wrong : "Apple has been updating and hardening a branch of the Open Group's DCE/RPC library. We'd decided to share
    these changes with the community at large and will continue to invest in modernizing and advancing this
    code base. The goal is to establish a common, authoritative DCE/RPC codebase that everyone can leverage
    or contribute to, under very liberal terms.

    We have published Apple's contributions at http://www.dcerpc.org./ Please check out the web site for any
    more details. We are looking for someone to port it to the various Linux SMB implementations.

    Regards,

    James Peach and George Colley
    Apple"

    --
    If all else fails, immortality can always be assured by spectacular error.
  266. Also maybe because Samba is getting too good by Sycraft-fu · · Score: 2

    At work here we are a mixed environment. We are Mainly Windows and Linux, with some Solaris servers, but adding Macs as well, and a NetApp as central storage. Gives us some rather interesting challenges. One of them is dealing with file sharing on the network. NFS only really works well for the UNIX clients and is a fucking disaster security wise. Apple doesn't license AFP to NetApp and Windows has stopped supporting it. So that leaves CIFS for a lot of stuff.

    So, a couple interesting things related to CIFS came to light not long ago. The first was playing with Macs. They suck at it, horrible performance. In 10.4 they couldn't even talk to the NetApp with CIFS at all, they could talk to Windows servers but slowly. NFS worked but it was a disaster trying to get permissions to work right.

    We figured this was in part because they use Samba which is not necessarily the fastest thing out there, and was originally designed for reverse engineering SMB, not a reference CIFS implementation like the NetApp.

    So then we get a new central storage unit, basically a SuperMicro board and chassis with a big RAID card and a bunch of cheap SATA drives. Intended to be cheaper, less reliable, storage that can be used in addition to the NetApp when more space is needed but backups are not important. Good CIFS performance was a must so Windows Server was a consideration but we figured we'd give Samba under Linux a spin first, easier to make NFS work that way.

    Well it works fantastic. Full wire speed (which is gig in this case) transfers, no problems at all. Just as fast and as easy as if it was a Windows system there, the clients never know the difference.

    Well, maybe Apple isn't interested in this. Why not? Because they seem to like to make anything not Apple look bad. They are grudgingly compatible, because they have to be, but they seem to half-ass it to the maximum extent possible. Quicktime on Windows is a great example. Compare it to QT on the Mac and it is amazing how bad it is.

    It isn't an OS-X limitation either, ADmitMac has a first rate CIFS implementation that we use and love. It just costs money.

    So maybe that is part of it as well. You've gotten Samba to a point it is really fast, that Samba to a Windows system is as fast as Windows to Windows, and Apple doesn't like it. They want Macs to be faster to Mac servers via AFP, and slower to Windows systems via CIFS.

    1. Re:Also maybe because Samba is getting too good by Jeremy+Allison+-+Sam · · Score: 4, Interesting

      > So, a couple interesting things related to CIFS came to light
      > not long ago. The first was playing with Macs. They suck at
      > it, horrible performance. In 10.4 they couldn't even talk to the
      > NetApp with CIFS at all, they could talk to Windows servers
      > but slowly. NFS worked but it was a disaster trying to get
      > permissions to work right.
      >
      > We figured this was in part because they use Samba which
      > is not necessarily the fastest thing out there, and was
      > originally designed for reverse engineering SMB, not a
      > reference CIFS implementation like the NetApp.

      Oh dear. Is NetApp marketing really this good ?

      Firstly - the Mac client is written by Apple and is called smbfs, it's not Samba at all. It is Open Source code, released by Apple in Darwin. I know the engineers who write it, and they're really good and have been working on it for a while, so I'm sure it's gotten better since you tried it.

      Secondly, "a reference CIFS implementation like the NetApp." !!!!

      Oh. My. God. :-). NetApps CIFS implementation was written well after Samba, with some judicious peeks at the Samba code in order to implement the hard stuff (this was before Microsoft released their docs). That's ok, that's one of the reasons the Samba code is out there, so people can learn from it.

      As for being "a reference CIFS implementation". Just try running Samba's smbtorture4 test suite against NetApp's "a reference CIFS implementation" to discover how much of a "reference" they actually implemented.

      Jeremy.

    2. Re:Also maybe because Samba is getting too good by Sycraft-fu · · Score: 4, Interesting

      No it is more in testing. What I find is this:

      Windows to Windows: Wire speed.
      Windows to NetApp: Wire speed.
      Windows to (current) Linux: Wire speed.
      MacOS to NetApp: Slow.
      MacOS to Windows: Slow.
      MacOS with ADmitMac to NetApp: Wire speed.
      MacOS with ADmitMac to Windows: Wire speed.

      This is with current OS 10.6. With older MacOS it didn't work with the NetApp at all.

      Like it or not, this is what my testing indicates, and my only conclusion can be that Apple either is using code that is bad with CIFS, or that they are making it slow on purpose. Like I said, Thursby (who makes ADmitMac) has a grade-A CIFS client and we license their software in part because of it.

    3. Re:Also maybe because Samba is getting too good by Anonymous Coward · · Score: 0

      I integrated about 500 Macs running 10.3 and 10.4 with a Netapp back in 2005 or so. AFP is dumb, I use CIFS for everything, even from Macs to Macs. Why bother with NFS or AFP when every client under the sun has a built-in kernel-level SMB/CIFS client?

    4. Re:Also maybe because Samba is getting too good by Guy+Harris · · Score: 1

      NetApps CIFS implementation was written well after Samba, with some judicious peeks at the Samba code in order to implement the hard stuff

      Maybe they looked at the Samba code after I worked on the NetApp code, but while I was working on the first version, we made a point of not having the Samba code around....

    5. Re:Also maybe because Samba is getting too good by Guy+Harris · · Score: 1

      Apple doesn't license AFP to NetApp

      License? (Oh, and before you ask, here's DSI.)

      In 10.4 they couldn't even talk to the NetApp with CIFS at all, they could talk to Windows servers but slowly. NFS worked but it was a disaster trying to get permissions to work right.

      We figured this was in part because they use Samba

      As Jeremy noted, no, they don't. They use an SMB client that started out based on the FreeBSD smbfs and had a lot of work done on it since then.

      They want Macs to be faster to Mac servers via AFP, and slower to Windows systems via CIFS.

      So they can sell more Xserves. Oh, wait....

    6. Re:Also maybe because Samba is getting too good by Guy+Harris · · Score: 1

      Apple doesn't license AFP to NetApp

      License? (Oh, and before you ask, here's DSI.)

      Oh, and, at least at one point, NetApp were considering whether to implement AFP, and, no, they weren't thinking of "licensing" it. They decided not to do AFP at that point - other projects took priority (such as the "turn a file into a SCSI disk and export it over Fibre Channel/iSCSI" project).

    7. Re:Also maybe because Samba is getting too good by Anonymous Coward · · Score: 0

      Jeremy, i can concur though.

      Sometimes i have very fast speed with smbfs mounted shares (27 Mb/s with rsync to a synology ds410 ) and sometimes
      it just flatlines: 1-2 MB/s.

    8. Re:Also maybe because Samba is getting too good by Jeremy+Allison+-+Sam · · Score: 1

      It wasn't you Guy :-). Must have been versions subsequent to you working on it. I do know who it was who needed some help with the NetApp code, but it's not an appropriate subject to discuss here.

      Jeremy.

  267. Re:GPL is the problem by Maximum+Prophet · · Score: 1

    Actually, it was TiVo (the bastards) that required the creation of GPLv3. (Not that I'm bitter.)

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  268. Re:GPL is the problem by Pstrobus · · Score: 1

    Just because there is no state doesn't mean society will allow ...

    If society has rules, society will have to enforce those rules or give up on them.
    Once you have rules and enforcement, you have enforcers. Whether they are a slashdot lynch mob or someone with a badge, they are there to enforce the rules of society.

    Congratulations, you have now developed a state.

    --
    "The conduct of neither [party], if strictly examined, will be irreproachable." -Elizabeth Bennet
  269. Re:GPL is the problem by ColdWetDog · · Score: 1

    Slashdot <blinks> I'll be in my room.

    Of course you will. This is Slashdot.

    --
    Faster! Faster! Faster would be better!
  270. Re:GPL is the problem by AndOne · · Score: 1

    You assume the cost of openness is free, but for a company like Apple it's probably much much greater than the pittance it will take them to make their own. Especially considering they might even get MS to actually help them with compliance.

    --
    I don't care what you say, all I need is my Wumpabet soup.
  271. Re:GPL is the problem by icebraining · · Score: 1
  272. Re:GPL is the problem by metamatic · · Score: 1

    What if the lock down is designed to keep malware off of the user's device and maintain its stability, and the user is OK with that?

    Then the user can live without the software of those who believe he's wrong.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  273. Re:GPL is the problem by rgviza · · Score: 1

    If the state did allow slave ownership, they still wouldn't be free, at least according to the slaves.

    --
    Don't kid yourself. It's the size of the regexp AND how you use it that counts.
  274. Re:GPL is the problem by Anonymous Coward · · Score: 0

    True freedom is letting people do what they want.

    And under the GPLv3, you can still do whatever YOU want. The exception comes when you redistribute, because at that point it's not YOU using it, it's SOMEONE ELSE.

    lol

  275. Re:GPL is the problem by huzur79 · · Score: 1

    Yup, I want to use open source software on my iPhone but the GPLv3 prevents it so my choices are to dump my preferred device or drop the open source software. Dropping the open source software was easy.

  276. Re:GPL is the problem by jellomizer · · Score: 1

    The simple fact about Business and GPL.

    If the company can make money off of it. They will support it. This works great for companies like IBM who does mostly consulting now and less hardware and software (and there is that nice loophole for it to be OK for IBM but not for TiVo rule).

    For other companies who make their money off of making and selling software and hardware GPL becomes more restrictive as it reduces their ability to keep a business model that they are good at.

    At work I avoid integrating GPL modules like the plague, if it is GPL we check to see if it is cross licences to a more compatible one. The last thing we dont want is people to say hey your product is cool, we would love to build it but we can't ... But wait you used a GPL something in it, and according to this rule it forces it to be GPL so give us the Code. If they are in the right we loose. If they are in the wrong we loose as we need to go threw legal and other stuff.

    The GPL has became very Business unfriendly. Because of this Business will not use it.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  277. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Try this:

    http://en.wikipedia.org/wiki/WTFPL

  278. Re:GPL is the problem by NoSig · · Score: 1

    What I said is that it's "Orwellian doublespeak" to use the word "liberty" to describe a scheme where you've set restrictions on how I can use and distribute something.

    I used to think it was foolish to use "liberty" in the context of the GPL too, but actually it is very apt in precisely the way you are stating here. Liberty in the usual sense is mainly the right not to be subjected to physical violence. That's just another way of saying that liberty is a restriction on other people's freedom to attack you. If liberty is about having no restrictions, then liberty in the usual sense is not liberty either. In fact liberty is about a mutual set of limitations that maintain equal rights for everyone. That is exactly what the GPL does too, and it is exactly what you are complaining about. Your complaint is that the GPL is too much like the usual notion of liberty, it's just that you haven't realized what the usual kind of liberty is all about - it's about restrictions on your freedom that ensures the rights of other people. In return those restrictions are also applied to other people, so that you receive the same rights as they do. Restricting you from punching your neighbor in the face does not take away your liberty - it is a requirement for liberty.

  279. Re:GPL is the problem by huzur79 · · Score: 1

    you said it, "exception" that is the problem. Period.

  280. Re:GPL is the problem by ColdWetDog · · Score: 1

    No, if your doing something commercial and you don't have a lawyer reviewing contracts, you're doing it wrong. Reasonable efforts might be some defense, but if you have skin in the game (and more importantly if you expect others to put money in), you'd best have your butt covered.

    --
    Faster! Faster! Faster would be better!
  281. Re:GPL is the problem by metamatic · · Score: 1

    Do you have any actual evidence that the BSD license results in fewer contributions because it doesn't force people to contribute when they use the code?

    How many OS versions has Microsoft used modified bits of the BSD TCP/IP stack in, and how many contributions have they made back to BSD?

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  282. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Uhmmm, you don't seem to know that whole countries have switched the government operations to Free GPL software: South Africa, Brazil and others. So the GPL is not the problem. It is only the attitude of some companies that is a problem.

  283. Two kinds of people by DragonHawk · · Score: 2

    "You're either for software freedom or your not."

    You either like imposing false dichotomies, or you don't.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
    1. Re:Two kinds of people by JesseMcDonald · · Score: 2

      It's not a false dichotomy if the two options actually do combine to cover all possible options. For example, "You're either for software freedom, or against it" would be a false dichotomy, because it omits the possibility of being neutral. However, a statement of the form "You're either A or not-A" is a true dichotomy, as the given options are complementary.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  284. Re:GPL is the problem by TheRaven64 · · Score: 1

    You don't have to wade through a manifesto or any 'other shit' to understand the GPL. It is entirely self-contained, although it is long and written in legalese and relies on certain implicit assumptions about the toolchain architecture.

    The GNU manifesto helps you understand the motivation for GPL. It's a license written to attempt to push the FSF's agenda, which is that every piece of software that you receive also grants you four basic freedoms.

    I happen to agree with this agenda, but I think that the GPL is entirely counterproductive. It tries to make it hard to write non-Free Software, when it should be trying to make it easy to write Free Software. You won't abolish non-Free Software by making software developers jump through legal hoops, the only way you'll abolish it is by making customers demand Free Software, and the only way you can do that is by making sure that there are obvious advantages to Free Software. One of the biggest advantages that Free Software has is that it's usually easy (and, therefore, cheap) to ensure that you are in compliance with the license. You have to try really hard to violate the BSDL. You can violate the GPL if you give a friend a copy of an app binary to open the document that you gave him and forget to enclose a written offer (good for three years) to provide the source...

    --
    I am TheRaven on Soylent News
  285. Re:GPL is the problem by gnasher719 · · Score: 1

    Or Apple can't find any replacement that works, and they realize spending thousands of dollars developing a replacement in-house just to continue fighting their own petty war against Openness is idiotic.

    There is no "petty war against Openness". With the iPhone, iPod Touch and iPad Apple is selling some very, very popular devices. The software on these devices, and what you can and also what you can't do with them has a lot to do with the popularity. If you sold cars and started explaining to potential customers all the different ways you can tune the engine, then some (few) would be delighted, some wouldn't care, and some would _run_. It seems that Apple can use GPL v.2 licensed software on these devices while having the devices work as they want to, but not the same with GPL v.3 licensed software.

    So Apple has three choices: Change the way that software on the iDevices works, find all the Samba copyright holders and convince them to give Apple a different license, or stop using Samba. The first is not acceptable to Apple, the second is difficult (it worked very fine for Apple with CUPS), so the third choice is it. Nothing petty about that.

  286. re: boycott? by King_TJ · · Score: 1

    Wow... I'm not even sure how to respond to this, exactly?

    The reasons for boycotting the purchase of any Sony products are numerous and clear-cut. They loaded spyware on people's computers as part of their "copy protection" mechanism. They continuously try to force people to buy into unnecessary Sony-proprietary variants of industry standard media formats by requiring them in their devices (Sony "memory stick" vs. SD card for example). They sell products with certain, promised functionality that they proceed to take away down the road (PS3 firmware updates removing Linux boot capability). The list goes on. But in Apple's case? I fail to see any justification, beyond ones that have pretty much always been there - if those issues were so important to you. Yes, Apple likes to sell you a complete "solution" vs. only an operating system, only a piece of hardware, or only an application. Yes, that means especially for the electronic devices/gadgets running iOS (vs. full-blown computer systems), they will put up some artificial constraints on what you can/can't do with it. But NO, there's nothing indicating Apple is on a mission to lock down the whole ecosystem so only THEY can provide you with software!

    People are WAY over-reacting, IMHO. Much of this stems from people making wild assumptions after Apple offered an "App Store" for OS X, parallel to what they've got for iOS devices. Big deal!?! This just makes sense as "low hanging fruit" for Apple to profit from. If you already have the back-end infrastructure in place for that type of online store, and you've got developers making things for iOS that they can easily port to OSX -- why not port over the store itself and give people one more option there? That doesn't mean Apple suddenly has ideas to change everything so nobody can put a piece of code on a Mac unless it's obtained via that App Store application!

    By the same token, what does ANY of that have to do with this current news story? Sounds to me like Apple's simply saying, "Hey... GPL3 is going to give us some licensing hassles if we start adding some networking functionality to devices like the iPad in the future. Let's get off Samba codebase and move to something where we won't lose that flexibility."

  287. Re:GPL is the problem by rgviza · · Score: 1

    > But if you want to grab someone else's work and make a profit from it, you have to buy it (and get a license to resell it).

    Not if you provide the source code of the software you used and make it available to all users, at least under GPLv2. You can take what you want as long as you provide the source. How do you think RedHat and everyone else are able to sell linux distributions with all that free software and make a profit? They provide the source.... they aren't paying license fees. In fact, if you give it away free, but don't provide the source, THAT is a violation. You can't distribute the software without the source. You can't even get red hat enterprise linux server for free. It's actually quite expensive.

    I could burn 50000 cds with Gentoo on them and sell them for $4.99 at computer shows in a pretty case, as long as I provide the source.

    --
    Don't kid yourself. It's the size of the regexp AND how you use it that counts.
  288. Brilliant! by name_already_taken · · Score: 1

    But if not contributing to car accidents is your primary concern, you could simply not make cars. Likewise, if you're more concerned about your code not being used in a bad way, than about it being used at all, why write it?

    The people who make their livings in the car or software industries aren't going to like this.

    You could take that further and say if reducing drain on the world's resources and reducing pollution are your goal, you could simply bury yourself alive.

    It would have the side effect of reducing your exposure to car accidents as well! A win-win situation if I ever heard of one.

    --
    Putting moderation advice in your .sig lowers your karma!
  289. Re:GPL is the problem by diitante · · Score: 0

    You could not have made your ignorance of the GPL any clearer. But perhaps you do so with vile intent. Perhaps you're benighted. If it is the latter, then do yourself a favor and take the time to learn the truth of the matter which you opine to. Show yourself and fellow man some respect. If you are however of evil purpose, then curses on you.

    --
    $ whatis msft msft: nothing appropriate
  290. Any actual information? by DragonHawk · · Score: 1

    Does anyone have any actual information on why Apple is dumping Samba?

    After approximately 37,249 posts for/against/discussing the GPL and the bad reporting in TFA, I think we've got that covered. But it still leaves the real question unanswered.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
  291. Re:GPL is the problem by node+3 · · Score: 1

    Thanks for sharing.

  292. Best joke of the day by Anonymous Coward · · Score: 0

    >> but Apple is one of the better corporate citizens when it comes to open source and the end custome

    ha ha ha ha ha
    ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha
    ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha

  293. Re:GPL is the problem by gknoy · · Score: 1

    the GPL is less free than the BSD license because my liberty becomes limited when I want to distribute my changes in the application to others. With BSD, I'm given the liberty to license the software how I want and I'm given the liberty of not having to provide my source code to others.

    As someone mentioned earlier, BSD is about the freedom of end users (of your code) to do whatever they want with it, whereas GPL is about keeping the code freely usable by anyone in the future, even customers of your users (such as by preventing patent encumberment). It's hard to say that one's "more free" than the other, because they address different angles on freedom.

  294. Re:GPL is the problem by huzur79 · · Score: 1

    Isn't it up to those end users to choose if they want to be restricted by said company or can choose to use alternatives of the same code that isn't restrictive. Leave it up to the end user to choose being restricted or not.

  295. Re:GPL is the problem by int69h · · Score: 1

    The GPL is designed to protect the freedoms of end users, not that of multinational corporations that want to make a buck off someone else's work without reciprocating.

  296. Re:GPL is the problem by huzur79 · · Score: 1

    Ya but some one else can take the same code make something that competes with the non free derivative and thus give users a choice, do i want to use the non free derivative or the free derivative.

  297. Re:GPL is the problem by VGPowerlord · · Score: 1

    But whose fault is that? If Samba's license came with the rare "not to be installed in baby mulchers" clause that interfered with Apple's new iMulch product and caused it to be dropped, is it the fault of Samba for the license or Apple for not being willing to comply with it?

    Samba loses some of its userbase and Apple loses a mature codebase, but I don't see how the GPL's terms are more onerous than any other sort of licensing disagreement.

    You are aware that Samba changed the license? The license used to allow use in Apple's new iMulch program, but then they changed licenses.

    Likely, this will result in is a fork. You have Samba GPLv3 on one side an iSamba (with iMulch support!) GPLv2 on the other.

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  298. Re:GPL is the problem by TheRaven64 · · Score: 1

    In the end, you are thus depriving that SOMEONE ELSE the ability to use the software at all. You're defending "their" rights by denying them the access they need. Sort of destroying the city in order to save it.

    And the GPL approaches the problem from the wrong end. Why does the grandparent use Free Software? Not because the GPL forces people to grant rights to downstream users, but because he requires those rights and so demands them from his suppliers. Why don't his customers get those same rights? Because they are still happy to do business with him if he withholds them.

    The problem is not that he is not forced to give the customers the rights, it's that the customers aren't demanding them. If you want broader adoption of Free Software, then use liberal licenses that let people do whatever they like (and therefore keeps their costs low), but make sure that their customers demand the FSF's four freedoms. The FSF has been trying the top-down approach for almost 30 years now. It's time to try the bottom-up model.

    --
    I am TheRaven on Soylent News
  299. Re:GPL is the problem by Anonymous Coward · · Score: 0

    No, because it's not locking down. It's more like unlocking down.

  300. The fundamental GPLv3 flaw... by Above · · Score: 2

    ...is the assumption that users want the code, and can make use of it.

    Samba (by choosing GPLv3) wants to require Apple (in this case) to provide source code to Samba to anyone who uses OSX. The fundamental assumption in that paragraph is that a user can do something useful with the code.

    My grandmother can't. Even if Apple shipped the full source on each CD it would make her no more free or less free, no more self sufficient or dependent. It would be about as useful as giving her a book written in Sanskrit.

    But wait the GPL folks will argue, sure, most people won't be able to use it, but what about the programmers? Well, I'm a programmer. I want my Mac to read and write windows file shares. If it doesn't work, I'm going to open a ticket with Apple and make them fix it, even if the code is right there on my computer. The GPL folks fail to release that in many cases working and bug free trump the ability to modify; at least in the real world.

    In a standard commercial world what the GPLv3 does is not create more freedom. It creates a burden on companies developing GPLv3 software to set up an entire distribution system for the benefit of a fraction of their user base. Like well under 1%. Probably under .1%. Maybe under .01% for a lot of products. When you have a million slaves it is hollow to tell them they are "more free" because you managed to free one of them.

    But the real kicker here is that Samba is still free. Any OSX user can download the code, compile it on their OSX machine, and use it. If GPLv3 makes any sense it is on something like the kernel, or device drivers where various proprietary magic is required to make things go, and without the company distributing that information you really are screwed. To require a company to redistribute source to a user land program on a POSIX OS really is just lunacy. Anyone who wants more recent Samba than ships with OSX is already downloading it from Samba!

    The BSD folks started to get it more right, and then backed off. The original 4 clause BSD license, with the so-called "advertising" clause was close to a good idea. The problem with it was that it really said advertising. Like if Apple made a TV commercial they would need to have some announcer read the names of every open source package included in OSX. The solution of simply removing it wasn't good either.

    What was needed was a slightly different clause, requiring the user to be notified that they are using BSD licensed software, and where to find more information. One can imagine the MOTD on a brand new Unix system saying something like "This system contains BSD licensed software, for more information see /usr/share/bsd.txt. The file would contain not only the license, but the URL of each project involved, the name of the software, and version installed. The user is now aware of the open source project, and knows where to get the source code. That would have done more to promote open source software than either
    removing the various clauses (the BSD "solution"), or adding onerous provisions (the GPL "solution").

    At the end of the day though, it's technical folks trying to solve a business problem they don't understand and don't think should exist. They want to oversimplify others businesses, and want to believe that every business should be run the way they want. Every company should just release all source, instructions on how to compile it yourself, and so on. That's straight up idealism with a healthy dose of ignorance. In going for a 100% solution, the open source world keeps turning down a 95% solution, and ending up with a 5% solution. A pretty stupid trade off, if you ask me.

    There is one up side. I've never found Samba particularly stable, and so if Apple has to re-write it I have every faith they will actually do a better job, and give me one less reason to use Samba.

    1. Re:The fundamental GPLv3 flaw... by Ash-Fox · · Score: 1

      Maybe you can explain what the problem is with providing the source modifications to Samba, I don't get the problem.

      --
      Change is certain; progress is not obligatory.
    2. Re:The fundamental GPLv3 flaw... by Anonymous Coward · · Score: 0

      Well, I'm a programmer. I want my Mac to read and write windows file shares. If it doesn't work, I'm going to open a ticket with Apple and beg/hope/plead/pray for them [to] fix it, especially since the [source] code is NOT on my computer [so I have no chance to fix/contribute myself]. The [Apple/Microsoft] folks hope that in many cases working trumps the ability to modify

      ftfy

    3. Re:The fundamental GPLv3 flaw... by aristotle-dude · · Score: 2

      Maybe you can explain what the problem is with providing the source modifications to Samba, I don't get the problem.

      The problem is not with providing source modifications to Samba (GPL V2) but supplying certificates for code signing to Samba. End users do not compile things. The FOSS does not seem to understand that END USERS are not the same thing as INTERESTED third parties.

      End users do not require access to the source or the ability to create signed binaries. I would argue that giving anyone the ability to sign a binary as "APPLE" would be a serious security flaw. You should be forced to obtain your own damn certificate to distribute a signed binary and not be able to sign a new binary as if it was from another entity. RMS seems to be on an ideological crusade and has completely become divorced from all reality and reason.

      Signed binaries have their place and one use case is for securing a platform from malware and trojans that masquerade as a "trusted" binary from a trustworthy source. This is precisely why certificates should never ever be shared and the GPL Version 3 trying to force sharing is IMHO extremely irresponsible.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    4. Re:The fundamental GPLv3 flaw... by compro01 · · Score: 1

      The issue Apple has is additional enforcement of the 4 freedoms of free software. The GPL2 had a pair of loopholes which GPL3 closed.

      1. anti-tivoization - You must be able to take the source provided (under freedom 1), modify it, compile it, and run it on the device (freedom 0). iOS does not allow this due to the requirement that all code must be signed by Apple before it will run. They would be in full compliance if they provided an option to allow unsigned code or allowed users to add their own certificates, but they don't.

      2. Patents - If your GPL3 code is covered by a patent, you are required to license that patent to anyone who you give/sell your software too, along with anyone they give/sell the software too, and so on down the chain, otherwise they could sue someone distributing the software (freedom 2) or their modifications of such (freedom 3). They can still sue anyone infringing on that patent while not using their code, though it would make proving the infringement more difficult.

      --
      upon the advice of my lawyer, i have no sig at this time
    5. Re:The fundamental GPLv3 flaw... by sl3xd · · Score: 2

      The problem is the way the GPLv3 forces patent licensing upon a corporate contributor in a way that the GPLv2 doesn't, and makes it much more difficult to integrate a GPL'd piece of software with a piece of software that isn't GPL'd (proprietary or not) - for example, any sort of meaningful OS integration with Samba.

      In effect, the FSF is forcing its world view about patents on the rest of the world, without regard to any sort of legislative approval, or the legal and contractual realities that many contributors face. In effect, the GPLv3 snubs a lot of people were proud contributors to GPLv2 projects.

      The FSF is acting no differently from Microsoft has in trying to force ideas about what patent law 'should' be - without votes, without legislation, without meaningful public discussion (sorry, but soliciting input, and then entirely ignoring dissent does not count as discussion). The FSF acted as a despot - and even had the gall to claim it was "in the name of freedom".

      Not only was the FSF so arrogant as to ignore the input of many significant contributors to the GNU project, but the FSF changed the rules on many contributors to the GNU project in a way that precludes their involvement, effectively stabbing them in the back in return for their support of Free Software.

      Many companies (including Apple) can no longer make use of the very code that they wrote, because they believed the FSF when they were told that "any future license" would be in the spirit of the GPLv2, and signed the code over to the FSF.

      The fact the GPLv2 is not compatible with the GPLv3 proves that the spirit of the license changed a great deal, and the FSF acted in bad faith.

      --
      -- Sometimes you have to turn the lights off in order to see.
    6. Re:The fundamental GPLv3 flaw... by phantomfive · · Score: 1

      I don't care about that. As a developer, I want other people who use my source code to give back their changes. It's not really that much harder to put a source TAR up online with the source code.

      --
      "First they came for the slanderers and i said nothing."
    7. Re:The fundamental GPLv3 flaw... by drinkypoo · · Score: 1

      The fundamental GPLv3 flaw... (Score:3)
      by Above (100351) Alter Relationship on 03-24-11 11:36 (#35601966) ...is the assumption that users want the code, and can make use of it.

      The first fundamental flaw with your comment is that you began it in the subject line. That is stupid. Stop it, because it makes you stupid.

      The second fundamental flaw with your comment is that your assumption is valid and you assume it is invalid. In fact what's hilarious about it is that you state the correct assumption, then proceed to obtusely fail to understand what you just stated, and then attack a different assumption. See the assumption is as you stated, that the users of the software will be able to do something with it. Then you attack the idea that one particular user will not be able to do so, and therefore attempt to invalidate an entirely valid concept. As long as only one user can make use of the source code, then all the users can benefit, because it only takes one user to fork and distribute the changed version.

      In a standard commercial world what the GPLv3 does is not create more freedom. It creates a burden on companies developing GPLv3 software to set up an entire distribution system for the benefit of a fraction of their user base

      This is a blatant lie, so you are a blatant liar. That, or a total fucking idiot. The source code can be distributed WITH the program, which completely satisfies any requirements for source code distribution in ANY version of the GPL. In most cases the source code is much smaller than the program code and most programs are not shy about including a bunch of unnecessary bullshit resources like splash screens and backgrounds for the installer, so adding the source is not an arduous requirement.

      At the end of the day though, it's technical folks trying to solve a business problem they don't understand and don't think should exist.

      You really are an incredible douche, aren't you? People must piss in your beer at parties all the time. In fact, it's technical folks trying to solve a problem for all of us which they understand very well and don't think should exist.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:The fundamental GPLv3 flaw... by drinkypoo · · Score: 1

      The problem is not with providing source modifications to Samba (GPL V2) but supplying certificates for code signing to Samba. End users do not compile things. The FOSS does not seem to understand that END USERS are not the same thing as INTERESTED third parties.

      You do not seem to understand that ALL USERS ARE THE SAME THING AS INTERESTED THIRD PARTIES, because they have an INTEREST in the function of their software. If Apple changes the way the system works in a way that doesn't work for them, they have the option to go looking for a fix from elsewhere, and that fix is far more likely to come in a FOSS model.

      Signed binaries have their place and one use case is for securing a platform from malware and trojans that masquerade as a "trusted" binary from a trustworthy source. This is precisely why certificates should never ever be shared and the GPL Version 3 trying to force sharing is IMHO extremely irresponsible.

      The GPL version 3 is not trying to force anyone to share any certificates. They are trying to force them to not use source code without permission. Apple has the option to write their own workalike version of Samba, or to work to replace SMB in the world. Nobody is trying to force Apple to do anything except to respect the rights of creators. Apple insists upon the same thing, so there is no hypocrisy here whatsoever. As a creator Apple wants money. As creators of Free software, Free software developers want Freedom. I don't think this is so very difficult to understand, or perhaps you have simply decided that it's okay to want money but not okay to want freedom? Your other comments seem to support this idea, so I guess it's what I'm going to assume about you until you post something that suggests otherwise.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:The fundamental GPLv3 flaw... by drinkypoo · · Score: 1

      The problem is the way the GPLv3 forces patent licensing upon a corporate contributor in a way that the GPLv2 doesn't,

      I missed the part where a corporation was forced to contribute to a piece of software. Last I checked, they had the option to develop a competing implementation themselves. When you can show that a corporation was forced (perhaps at gunpoint, or in court) to contribute to a piece of GPL-licensed software, then you will be permitted to talk about corporations being forced to license patents, and not until then.

      The fact the GPLv2 is not compatible with the GPLv3 proves that the spirit of the license changed a great deal, and the FSF acted in bad faith.

      It might suggest it to you but it proves no such thing. To me it is a sign that the FSF is acting in good faith; the goal is to promote Free Software, and this is a necessary step towards that end. Remember, Software Freedom is not the same thing as User Freedom. Which is superior is a matter of opinion. Microsoft and Apple both feel that Software Freedom is a bad thing; if I didn't already have an opinion that alone would be enough to convince me that it is desirable.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  301. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Not legally, but people make mistakes and there was the added complication of the encode & decode example code not being in libFLAC and the flac/ encoder and decoder files being GPL -- thankfully the example code is Xiph and doesn't use the encoder or decoder files in flac/.
     
    As it is, with a subdirectory having Xiph code in a directory that has GPL/LGPLed code while the FLAC site saying it's Xiph licensed, I wouldn't be surprised if several applications offering FLAC support unknowingly have GPL code in them.

  302. Re:GPL is the problem by rilian4 · · Score: 1

    "GPL is like promoting free speech until someone saids something YOU don't like..."

    You all have no idea how much I see this sort of behavior from liberal democrats.
    ...
    Now getting back on topic...GPL v3 is not pretty. I prefer v2. Parent is correct. If you want to make your software free(as in speech), let people use it as they wish. You will never get people to take a chance on OSS/FOSS if they have to always be looking over their shoulder worrying about a lawsuit.

    --

    ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
  303. Citation needed by guruevi · · Score: 1

    This whole article sounds kinda fishy to me:

    Developers report that Apple has internally officially announced that it will pull Samba from Mac OS X Lion and Lion Server, and replace it with Windows networking software developed by Apple.

    Where is the citation for that snippet? Given that they currently heavily rely on not only Samba but also are pretty far in the development of Lion without replacing it, I think this is some uninformed blogger trying to get hits on his Google AdSense account.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  304. From the GPL FAQ: by theBully · · Score: 1

    Disclaimer: For all intended purposes, the name "Apple" in the text below can be substituted for "Microsoft", "Oracle", or the name of any other company that sells closed-source, commercial software.

    Excerpt from the GPL FAQ web page:
    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.)

    Does the GPL allow me to charge a fee for downloading the program from my site?
    Yes. You can charge any fee you wish for distributing a copy of the program. If you distribute binaries by download, you must provide “equivalent access” to download the source—therefore, the fee to download source may not be greater than the fee to download the binary.

    If I distribute GPL'd software for a fee, am I required to also make it available to the public without a charge?
    No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.

    Does the GPL allow me to distribute copies under a nondisclosure agreement?
    No. The GPL says that anyone who receives a copy from you has the right to redistribute copies, modified or not. You are not allowed to distribute the work on any more restrictive basis.

    So my guess here is no, GPL does not prevent commercial use as many have already said. Also just a guess, it's the third and fourth answer here that bothers Apple. They do seem to be keen on preventing anyone on customizing their platform or replicating it in any way. As an example, the Mac OS X license prevents a user from installing it on any other hardware and they have gone legally after companies that did as little as enabling hardware for that purpose.

    While not an Apple fan I do like (and use) some of their products. Still I cannot defend them when it comes to openness simply because they are not. Is that "evil"? Not necessarily. The ultimate purpose of any business is to make money. They do that as they find fit. Ultimately, as any other business they choose how much of their product should be free and how much is a revenue generator.
    There seems to be a tendency in the software industry to expect companies giving out product for free. Yet we don't expect the same from other industries. I don't expect Nissan to give me a free car, I don't expect the grocery store to give out free bread. Software is a product. It's developed with investment and effort. Yes, in some cases, it's a good business strategy to give it out for free but in some it might not be.

    We must keep in mind that GPL in any of its versions is not a political or social statement. It's rather a means of distributing software, of getting to the market and therefore enabler of a specific business model. It's a bit harsh to say someone is evil because they have a different business model. Nor is Apple limiting anyone's freedom. You have the freedom not to use any of their products.

  305. LOL by Weezul · · Score: 1

    Aniti-GPL people are morons about this point. If I write stuff, I'll use whatever license I want. If that's the GPL, well that's awesome. I've never understood why you are telling me I cannot license software however I want.

    All that'll happen here will be : Apple introduces security vulnerabilities into their SMB code.

    Who cares? Ain't nobody gonna run a publicly accessible SMB server, especially not on Apple hardware. Are there even any publicly accessible web servers on Apple hardware. lol Ain't nobody gonna write viruses that exploit Apple's cruddy SMB code. Apple hasn't contributed jack to samba development, btw.

    Apple's customers will not suffer. Samba will not suffer. Microsoft won't really benefit. etc. Who cares? Seriously.

    As an aside, there is one big fucking reason for licensing code under the GPL v3 : All the patent restrictions motivate some minority of companies to license your code directly, avoiding the GPL v3. Yet conversely the GPL v3 does not obstruct widespread corporate adoption. For me, that's a winning combination that ensures my continued usage of the GPL v3.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  306. Re:GPL is the problem by huzur79 · · Score: 1

    YES and GPL v2 was good for this. That was the point was access to the code so the code was free to all. GPL v3 takes it further and because of distribution methods even if the code is free for all to use, its not compatible now with a lot of stuff.

  307. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Are such "legal hacks" actually a good idea? They don't create a track-record of legal precedence, so its not a valid means of creating change in the legal system. And such hacks might not be bug-free -- they could make the users vulnerable to legal attacks by license-enforcement trolls, and cannot realistically anticipate future trends and needs of software (thus the "versions" of GPL that must react to emergent trends). Moreover the type of "freedom" (behavior) that GPL seeks to promote effectively undermines the software economy--yet we don't seem to have the socio-political maturity yet to really contemplate the ramifications: the word "socialism" is still a taboo. Finally one might ask if the bulk of GPL-ed works really have economic value at all (many of them being rather un-original programs based on mashups of other people's ideas, or some sort of "glue" code), and therefore if the authors, by choosing GPL, are really having a measurable impact on socio-economic trends or are simply engaged in some sort of self-pleasuring activity. Is the GPL actually an effective form of protest against copyright, or is it a way of pretending to be an intellectual activist while in fact simply preaching to the choir.

  308. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Those who would give up freedom to gain a little security deserve neither and will in the end lose both.

  309. Re:GPL is the problem by Jaysyn · · Score: 1

    If no one is there to see it, then no distribution has taken place.

    --
    There is a war going on for your mind.
  310. Re:GPL is the problem by jabjoe · · Score: 1

    Anarchy is other words. People who think anarchy a good idea either think they are the biggest with the biggest stick, or aren't thinking it through. You need a system of law and order or the freedom is just academic.

  311. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I think you found the two crack head that sometime have mod points. I nice to finaly put a face on those 'mod on crack' moderation.

  312. This says it all by huzur79 · · Score: 1

    A programming friends comment on the subject, the truth comes out. "I don't give two shits about users, I care about other developers who use and contribute to my code. No user is going to contribute anything except support requests. I'm not interested in supporting freeloaders, I'm interested in protecting the freedoms of other programmers." So maybe this is why programmers that support GPL v3 don't like Apple, because Apple cares about the end users while programmers don't give a rats ass off of the free loaders. For the first time in my life im going to be thankful we have Microsoft and Apple because a world under the control of people with these attitudes would be horrible. At least some one is looking out for the users.

  313. Re:GPL is the problem by BLKMGK · · Score: 1

    The GPL is a license same as any other. While there may be politics those aren't in the license which is a legal document as clear as any other license. If you want to use the code, read the license, comply, and use it. Ignore the politics as those don't actually force you to do anything.

    --
    Build it, Drive it, Improve it! Hybridz.org
  314. Re:GPL is the problem by jbolden · · Score: 1

    Oh please. During the days when licenses like the MIT, BSD and TeX license were dominant what we saw was: academics wrote open source software, companies took that open source software and wrote closed extensions that they didn't share back. The end result was the systems end users actually used were completely closed. The reason GPL is the dominant license is because GPLed software forced cooperation and collaboration.

    We have hundreds of test cases of both styles of license and the results are pretty clear.

  315. Re:GPL is the problem by Cytotoxic · · Score: 1

    Their problem isn't with the "provide source" requirements. Version 3 was aimed squarely at Tivo and other commercial implementations. It is designed to be a "viral" license, requiring other components to become open sourced. Apple doesn't want to open-source OSX, so they quit using GPLv3 Samba code.

  316. Re:GPL is the problem by jbolden · · Score: 1

    BSD gives total freedom to software implementers and takes that freedom away from end users (indirectly).

  317. Re:GPL is the problem by Kjella · · Score: 1

    For those who have no idea what I'm talking about, note that most GPL'd software is available from the authors with other licenses.

    Really? It was my impression that copyright assignment was fairly rare, except maybe to the FSF who don't do commercial licensing and a few corporations doing dual licensing as a business model. They and projects that only have one or a few developers can do that, but anything actually community driven is likely to have a pages long contributor list and you'll need a license from all of them. So my impression is that most open source software can't practically be licensed under any other terms.

    --
    Live today, because you never know what tomorrow brings
  318. Maybe this isn't so bad. by Anonymous Coward · · Score: 0

    I should repackage Samba for the 10.7 and set up donations, like the way Xming does it. The more Apple removes software from its OS, the more development opportunities, right?

    1. Re:Maybe this isn't so bad. by aristotle-dude · · Score: 1

      I should repackage Samba for the 10.7 and set up donations, like the way Xming does it. The more Apple removes software from its OS, the more development opportunities, right?

      What would be the point? Why would anyone care? End users would not care if there is a replacement that works as well or better than Samba for the needed they require built into the OS already.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  319. Worst Company in America by Larry_Dillon · · Score: 1

    FYI: Apple is soundly beating Microsoft as "Worst Company in America" in The Consumerist's poll:

    http://consumerist.com/2011/03/worst-company-in-america-round-one-apple-vs-microsoft.html

    --
    Competition Good, Monopoly Bad.
  320. Re:GPL is the problem by sznupi · · Score: 2

    I want to use BSD code without crediting its original authors.

    --
    One that hath name thou can not otter
  321. Re:GPL is the problem by jbolden · · Score: 1

    Because the code as used doesn't match the code as spec. A great example is what happened to X before XFree86. There was a free X implementation that didn't actually run on any particular box, at least not well enough to be usable. What the free X implementation (MIT license) did was give a wonderful roadmap for operating systems manufacturers to see how various parts of X could be implemented and thus cut their costs and increased standardization. But everyone using X was using commercial products with commercial licenses, for end users the "free" code was worthless.

    It wasn't until (a) XFree86, (b) commercial vendors stopped improving X, (c) a lot of time passed
    that we had an effectively free X again. You think of the free code as being worthwhile because you grew up in the world of the GPL and LGPL where people had to share back their improvement.

  322. Re:GPL is the problem by jbolden · · Score: 2

    Well yeah, the GPL doesn't assume everyone has good will. Rather it gives the downstream authors a choice:

    a) Contribute to the open source world
    b) Buy another license from the author on more favorable terms, and thus contribute financially to open source.

  323. Re:GPL is the problem by Stormtrooper42 · · Score: 1

    A proprietary software developer may take BSD licensed software and use it as the basis for a project of their own without sharing code in return. The users of his software have less liberty to the software's use.

    How do the users have less liberty on the original software? Source code for the original software is still available, only the modifications are proprietary.
    The GPL basically forces other developers (those who create derivative works) to license their code under a license you choose...

  324. Re:GPL is the problem by Bobakitoo · · Score: 2

    Calling GPL "free software" is probably the biggest lie the FSF ever told. It's restricted to hell and back.

    The restriction are need to protect the freedom of the next person. It is like a bill of rights.

    If you prefere hoarding all the freedom for you alone, then do not use GPL software. No one is forcing you to share and help your neighbours. Just dont expect any of them to help you.

  325. Re:GPL is the problem by Carewolf · · Score: 2

    No, GPL3 still doesn't make any requirements on other software than what the GPL2 does. GPL3 just adds extra protection from technical and legal loop-holes that enabled circumventing the GPL2.

    But it all is VERY simple: If you don't like the GPL3 then don't use it as a license for software YOU write..

  326. Re:GPL is the problem by jdgeorge · · Score: 2

    "either you see it my way our you're wrong"

    Isn't that pretty much what RMS and FSF say?

    Unless you ARE Richard Stallman, whether or not Stallman has that attitude is irrelevant to whether the GPL or any other license is a good fit for your needs. Your choice of a license is based on the goals of your project, your business, and you, as they are served by the terms of the license.

  327. Re:GPL is the problem by Archangel+Michael · · Score: 1

    Also, The GPL(3) exposes the hypocritical GNU for being the control freaks that THEY are.

    The GPL(2) is a good license. It breed cooperation from those that contribute to it. The GPL(3) has done nothing to further cooperation, but rather instead has started chasing people who once were allies to "Free Software" back to their dens of proprietary code. And I, as an end user am harmed by it, at least indirectly. Samba doesn't get the code from Apple any longer because Apple no longer will contribute given the terms of the GPL(3). If you think that makes Samba better in the long run, good for you. I don't.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  328. Re:GPL is the problem by lars_stefan_axelsson · · Score: 1

    No, we don't allow slavery, and we don't allow indentured servitude either. Because it's basically the same shit under a different name. Even if you want to be one.

    --
    Stefan Axelsson
  329. Re:GPL is the problem by jbolden · · Score: 1

    Yes and no. I think each new generation needs to be educated in how free operating systems came to be closed. Particularly the history of the Unix wars of the 1980s. This subthread started with someone from the BSD side throwing out that can of worms, regarding "the GPL isn't really free".

    I agree the debate is over mostly now that the GPL is around 70% with BSD around 7%.

  330. Re:GPL is the problem by Homburg · · Score: 3, Insightful

    Citation needed on the "need" for code signing. But in any case, allowing users to install their own certificates alongside the manufacturer's would allow signed binaries and also allow the user to run software compiled by themselves; that is, it would allow users to control their own hardware.

  331. Re:GPL is the problem by mdielmann · · Score: 1

    Liberty without condition is impossible if two people want opposing things. As my buddy said, "How is it freedom if I can't have a piece of property just because someone else is already using it?" The answer, of course, is, "How is it freedom for the other guy if you can just take it away?" That's an example where freedom and license (using the definition of latitude of action, especially in behavior or speech) diverge. Or put another way, "My right to swing my fist ends at the tip of your nose."

    On that note, I'm not against GPL, in any form since it gives you more freedom than you would have under traditional copyright (generally, none beyond personal use), and retains full rights as chosen by the producer of the work. It's also less restrictive than most, if not all, end-user licenses. As a user, I'm ahead of the game. As a developer, I'm generally ahead, too.

    On the other hand, I think it's a very poor license for certain types of work - utilities, reference code, etc. I believe the web would have taken a lot longer to take off, and would have been a lot more unstable, if the original TCP stack hadn't been BSD.

    There's a value to more relaxed licenses in areas where you're trying to achieve ubiquity. And clearly, that's not what users of GPL licenses are trying to achieve. That's fine - freedom is about being able to make your choices, and not hamper others' choices. The only presumption in that application of the term 'freedom' is that you have no inherent right to do whatever you want with code someone else wrote.

    --
    Sure I'm paranoid, but am I paranoid enough?
  332. Re:GPL is the problem by Intron · · Score: 1

    Seriously, if you try to promote freedom and free code, you have to allow people to use it how they want.

    This propagates a common misconception about the "free" aspect of the GPL. GPL software is not unencumbered - it has an ironclad, legal license. Nobody is forced to use the GPL on the software that they write, but those who do have decided that is the way that they are willing to license their software. You as a user have two options - don't distribute somebody else's software in violation of their license, or live by the rules if you do. In either case, you can still use the software yourself, modify it, do whatever you want; you just don't have a free and clear license to distribute. For an end user its great. For somebody trying to rip off somebody else's code, it sucks. That's the point.

    --
    Intron: the portion of DNA which expresses nothing useful.
  333. More problems with /. moderation? by jbn-o · · Score: 1

    With all the level-headed commentary correcting the parent post (in just about every thread on this story), how did the parent post avoid getting moderated down to zero as a troll or flamebait? The parent post so thoroughly misunderstands relevant issues at hand here ("open source" versus free software, misunderstanding commercialism, saying GPL'd software is as "bad" as proprietary software, etc.) yet the parent post shows up as +3 Insightful (and went to +4 Insightful in the time I wrote this post). I know /. moderation is unreliable but I guess I would have liked to see something closer to the truth than that.

  334. Re:GPL is the problem by jbolden · · Score: 1

    I wouldn't worry too much this is a lot like the arguments 15 years ago when the GPL was replacing BSD/MIT style licenses. The fact is as the GPLv3 spreads companies will reluctantly go along, and contribute resentfully at first that they have to give back.

  335. Re:GPL is the problem by Carewolf · · Score: 2

    Limiting lock down is in itself a lock down. Do you see the irony?

    So is imprisoning kidnappers. What is your point?
    Punishing those that take freedom away, but taking their freedom away. In one way ironic, in another, very appropriate.

  336. Re:GPL is the problem by omnichad · · Score: 2

    Instead they'll fork or adopt a project with a more suitable licence.

    You mean like the GPL v2 licensed SAMBA code in OS X 10.6? Nothing's stopping them from turning over and maintaining that fork that they've already licensed via GPL v2, right?

  337. Re:GPL is the problem by jbolden · · Score: 1

    Actually at this point Microsoft seems more free than Apple. Apple was never a huge fan of open source, they were desperate. Generally companies in their prime can afford to "go it alone" and try to. Its the rest of the time that open source works so well.

  338. Re:GPL is the problem by BitZtream · · Score: 1

    Either way, Apple wasn't planning on letting people modify the version of CIFS they shipped, or contribute fixes back to the Samba tree, so no real loss there. Long story short, we learned something about Apple's ideology and nothing more.

    Or they want to do something with CIFS that some other license they have restricts them from doing. Say for instance, letting an iPad talk to a SMB server. Samba's code can't be used because Apple truely isn't allowed to let anyone in due to restrictions it agreed to in order to get content licensed for the devices.

    They picked the license they thought was more valuable to them to keep, and are replacing the other. Theres no reason they can't open source their new software and take advantage of OSS anyway, and still let people modify it on other devices.

    They could also just fork the last Samba that used GPLv2 if its truely v3 that causes the problem. GPLv3 isn't retro active.

    Lets also keep in mind, Samba is just a copy of someone elses software, and while its a very good copy with a lot of features the original doesn't have, its far from the only implementation out there and its always lagging behind since they have to reverse engineer to get anywhere. Apple could simply license the tech from Microsoft directly and be done with it. Microsoft in general has no problem licensing that sort of thing out, for the right price, and there are many examples of them doing just that, which is why Apple Mail has no problem talking to Exchange servers using the Exchange protocol for instance.

    You assume its because Apple is evil. I assume its because they want to make money. We end up with entirely different reasons for what they are doing.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  339. Re:GPL is the problem by Cytotoxic · · Score: 1

    The "liberty" that the GPLv3 crowd is talking about is not the liberty of a person, but the liberty of the code. The code in this world is metaphorically a rights-holding free man. It cannot be restricted in its liberty by any interactions with people in the future (add-ons, code contributions, etc). It is a confusing nomenclature because the rational for code liberty involves personal freedom to access and manipulate products derived from "free" code. It is a weird and entirely philosophical argument that has major impacts in the real world.

    The BSD version of freedom has great successes, as does the GNU version - yet they are basically diametrically opposed visions of what "open source" means. There's a ton of middle ground in the "open" definition as well - major example: Apache. Then you've got versions of "free" that don't include source - like MS SQL lite, Citrix Xen, Opera, etc.

    So although your point is well taken, they aren't worried about your liberty, they are worried about their code's liberty. In fact I believe that the majority of the GPL team would have a different emphasis on the import of personal liberty. They seem to have a more collectivist mindset.

  340. Re:GPL is the problem by Anonymous Coward · · Score: 0

    "Unfortunately, any OS vendor that wants to deploy Samba cannot require that it be signed by a proper, valid code signing cert because those cost money, and would represent an additional restriction on the end user's ability to recompile Samba and run the new version. This makes the GPLv3 fundamentally antithetical to proper security as written, at least by my reading. And I'm not the only one who interprets it this way."

    Bullshit, the program that launches the daemon can verify the integrity using an external tool (like gpg) and signed hashes of the daemon.

  341. Apple Priacy? by Anonymous Coward · · Score: 0

    This is close to an admission by Apple that they have copied Samba code in OSX.

    It would be interesting to do a bitwise comparison of Samba compiled code to OSX. How much is copied? Where is it?

    Just Curious.

    1. Re:Apple Priacy? by BitZtream · · Score: 1

      Uhm, Samba is INCLUDED in OSX. Its been there for years, its what gets enabled if you check 'file sharing' in the sharing preference panel. They never hid the fact.


      $ smbd --version
      Version 3.0.28a-apple
      $ nmbd --version
      Version 3.0.28a-apple

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:Apple Priacy? by aristotle-dude · · Score: 1

      This is close to an admission by Apple that they have copied Samba code in OSX.

      It would be interesting to do a bitwise comparison of Samba compiled code to OSX. How much is copied? Where is it?

      Just Curious.

      Really? It would be interesting to get some CITATION instead of some random speculation from an anonymous coward. I might be more inclined to listen if you bothered signing up for a slashdot account.

      Are you aware that Apple licensed Active Sync for both iOS and OS X? It is possible that Apple has licensed SMB from MSFT. Alternatively they could have reverse engineered the calls in a similar fashion to how SAMBA was written by observing the network traffic.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    3. Re:Apple Priacy? by aristotle-dude · · Score: 1

      Uhm, Samba is INCLUDED in OSX. Its been there for years, its what gets enabled if you check 'file sharing' in the sharing preference panel. They never hid the fact.


      $ smbd --version
      Version 3.0.28a-apple
      $ nmbd --version
      Version 3.0.28a-apple

      I'm hoping that the the Anon Coward was referring to the replacement to Samba and not thinking that the GPL V2 branch was never in OS X because it was.

      I think it is possible that Apple implemented the CIFS protocol from documentation or licensed the tech from MSFT directly.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  342. Re:GPL is the problem by SteveFoerster · · Score: 1

    Anarchists don't oppose order, they oppose the state. The argument is that order, even rules, can be managed spontaneously rather than top down. You may disagree, fair enough, but that doesn't justify misrepresenting their position.

    --
    Space game using normal deck of cards: http://BattleCards.org
  343. Re:GPL is the problem by Culture20 · · Score: 1

    This was corrected in GPLv3, and control-freak assholes are having a problem with it.

    Calling them "control freak assholes" is disingenuous. They decided on their values, formed the GPLv3, and stuck to those values. They believe their values have merit, and have requisite need to prevent what they feel is non-free use cases from slipping in.

    GP was calling Apple "control freak assholes", not FSF or other GPL3 supporters.

  344. Re:GPGPL is NOT the problem by Dcnjoe60 · · Score: 1

    Seriously, if you try to promote freedom and free code, you have to allow people to use it how they want. If you try to define what's allowed and try to get people to do or not to do what YOU want them, you aren't promoting free code. Your code is just as "bad" as proprietary code. True freedom is letting people do what they want, even if they have different values than you.

    GPL is like promoting free speech until someone saids something YOU don't like. True freedom is letting people do what they want. That includes making money with the code, or using that code in a larger proprietary code. If you do not allow this you're a hypocrite.

    It's backwards thinking and does no good to free and open source movement, as companies won't even be considering using it. GPL alone has created a large problem. It has made companies associate open source with huge legal trouble, and generally will make companies avoid open sourcing and open source code completely just because of GPL. They rather get the easier and guaranteed legally good alternative, which is licensing from other companies like MPEG-LA for H.264 and Microsoft for WP7 and so on.. Yes, it costs money. But when dealing with companies, it's a lot easier for them and solves many troubles that the hypocrites at GPL headquearters have caused for the whole open source movement. This is why I support true open source licenses that allow both free and proprietary use. They are the real free licenses, not GPL, and unless we deal with that hypocricy Microsoft will always win. I'm personally disgusted by this move by Samba team, as they're the ones that try to make it easy to both move away from Windows and integrate with other operating systems. GPL is bad.

    There is nothing in the GPL v2 or v3 that would prohibit Apple from including Samba. GPLv3 specifically allows it to be included even if other parts are not GPL. What cannot be done, however, is slap a bigger license over the top of included GPL'd programs that would circumvent the GPL. All Apple would have to do is issue a statement that says something to effect that portions of OSX are released under a GPLv3 license. Then list those portions and the actual require GPL verbage and make the source code available. That's no different than Windows having it's license and the pre-installed apps having theirs.

    GPLv3 is not the problem. Companies wanting to use GPLv3 code without adhering to the licensing agreements are the problem. I am curious, though, since the Microsoft networking stuff is copyrighted and patented, how Apple developed a clean room copy without resorting to using the Samba code. If they based their own version on anything they learned from Samba, then they are still, in fact in violation of the GPL. Of course, that would be an argument for a different day and time.

    In short, GPLv3 is just an excuse being used to deflect attention from Apple's own internal decisions.
    .

  345. Re:GPL is the problem by bytesex · · Score: 1

    Yeah. It's a(n almost) closed system. Much like MS, Apple are, and Java used to be. But unlike MS and Apple, it's easy and free to get into, to use and to extend. How much more do you want ?

    --
    Religion is what happens when nature strikes and groupthink goes wrong.
  346. Re:GPL is the problem by jbolden · · Score: 1

    Then they are going to have a real problem. Think about how complex the software is that runs on macs vs. what runs on tablets.

    Lock it down and they kill the platform. People will accept their phones being limited because they always have been (RIM being something of an exception). They may accept tablets being limited but already their is a bit of a backlash. No way will it be accepted on computers.

  347. Re:GPL is the problem by Anonymous Coward · · Score: 0

    What? I thought "free as in beer" simply referred to "no monetary cost".

  348. Re:GPL is the problem by Anonymous Coward · · Score: 0

    The GPL does not afford maximum liberty.

    It does attempt to prevent "freeloading", but the tactics it employs to do so boil down to restricting liberties. One of the troubles can be that the GPL does *not* simply prevent "freeloading", but can be completely incompatible with the use of other software. Say I have a product that I don't mind open sourcing the code *I* written, but that depends on proprietary third-party code that I'm *not* at liberty to share. It's not impossible to imagine a situation in which my dependency on this theoretical proprietary code (excellent and best-of-class though it may be) simply rules out any ability for my project to leverage GPL code.

    I'm not framing this as "evil" or "bad"; it's just a fact. I'm not arguing that there's an iota of sinister thought behind the GPL. It's just aiming for an ideal in such a puristic way, that it's a bit blind (or indifferent) toward such cases.

    And - again - that's OK.

    But if we're talking about licenses that provide *maximal* liberty, period, you're looking at BSD and MIT (as the best-known examples).

  349. Re:GPL is the problem by FauxPasIII · · Score: 1, Insightful

    Exactly the point.

    In BSD licensing and states which permit slavery, you have the freedom to take freedom away from others.
    In GPL licensing and non-slavery states, the freedom to take freedom away from others is denied.

    Which is more free ?

    --
    25% Funny, 25% Insightful, 25% Informative, 25% Troll
  350. Re:GPL is the problem by yeshuawatso · · Score: 1

    Ironic, yes, but a necessity nonetheless, if only to prevent Tivo-ization again. The idea behind the GPL and even FLOSS is the freedom to use the software how you please at any level. If one can restrict the other's use at any time in that level, then the entire idea has been thrown out the window. The only person who should be able to restrict the usage of the work is the original copyright owner, not those creating derivative binaries. FLOSS isn't an idea to commercialize on software, that's what proprietary licenses are for. If one must place a restriction at the highest level on restricting at lower levels to maintain the idea of free software, then it's a sacrifice that must be done, even if the restriction itself is hypocritical.

  351. Hard to replace by Anonymous Coward · · Score: 0

    I'm surprised Apple was able to replace Samba. Hasn't it taken decades of reverse engineering to figure out.
    Unless Apple looked at the Samba code to figure out how to write their own.

    1. Re:Hard to replace by BitZtream · · Score: 1

      Or licensed it directly from Microsoft, or read the published CIFS standards. There are multiple legal ways to get access to the internals of SMB that don't involve reverse engineering.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  352. Re:GPL is the problem by jdgeorge · · Score: 1

    You're either for software freedom or your not. GPL restricts what you can, therefor is not free.

    This kind of "either you see it my way our you're wrong" statement is NOT a good argument.

    GP didn't make a qualitative categorization of the rightness or wrongness of either position. You did that.

    I made a "qualitative categorization" of the argument, not of the "rightness or wrongness of either position".

  353. Re:GPL is the problem by Cytotoxic · · Score: 1

    The GPL3 is causing the same sort of "all or none" lock-in via legal instead of technical means. It is becoming very difficult to mix GPL3 software with commercial software.

    Not really, it isn't: I've got Unreal Tournament 2004 installed on the very same PC I use to develop software with GCC, no problems installing either whatsoever.

    That doesn't have anything to do with the "mixing" they are talking about. Neither does "not contributing back". The mixing has to do with having a product that is partially open source and partially closed source which results in an overall product that cannot be modified. The prime example is the Tivo. It was primarily open source, and they contributed code back to the community - but it had a proprietary binary that was designed to render the hardware and software inextricably linked. So even though they were probably the most open (to modifications) hardware manufacturer in history, they were not 100% open and that pissed off the GNU tribe. So they changed their license to disallow this type of integration.

  354. Re:GPL is the problem by jbolden · · Score: 1

    The system apple has for iOS for code signing is already great. A provisioning file requires a crytographic key involving the device and the signature of the application and the signature of the person sending it. The person installing the application needs to first copy the provisioning file into iTunes. Just make that private key public and you have open system.

    So even if I infect myself how do infect others. I don't have the Samba Team's private key so I would need to use another private key that wouldn't match the supposed author.

  355. Re:GPL is the problem by Anonymous Coward · · Score: 0

    The GPL3 is *MUCH* better, clearer and compatible license than v2.

    The only difference is the anti-TIVOisation clause in v3. And Apple is all for locking software to a machine with stuff like Trusted Computing.

    This move just tells you where Apple is heading at full speed.

  356. Re:GPL is the problem by Homburg · · Score: 1

    what you can and also what you can't do with them has a lot to do with the popularity

    Really? I'm sure people buy iPhones because the App Store provides a convenient way to get apps, but does anyone buy an iPhone because it prevents them from using anything other than the App Store to get apps? The restriction may well be irrelevant to most users, but how is it a positive selling point?

  357. Re:GPL is the problem by jbolden · · Score: 1

    No it doesn't impact my software. It just impacts the version of my software that all the end users actually run and can run. See the history of X for details.

  358. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Mod this man up. Eloquent, and directly to the point.

  359. Re:GPL is the problem by jbolden · · Score: 1

    No you can't because a slavery contract cannot be enforced. If you sell yourself to me as a slave day 1, you can leave day 2. If I try and stop you physically that's a battery, kidnapping... The most you can do is sell your labor in advance under guidelines of US labor law which prevent you from selling it too far in advance.

    Even things like no compete clauses the courts have interpreted very strictly.

  360. Re:GPL is the problem by Creepy · · Score: 1

    Forcing apps to be signed to run on the iPhone is dictatorial, but saying you can't have signed apps as per the GPLv3 is also dictatorial, so I personally find both Apple and FSF are dictatorships, with zealous charismatic leaders at the head. In fact, I'd argue that Apple and RMS's goals are actually more similar than dissimilar in some respects (on most Apple appliances the software is free, but source disclosure is the missing piece).

    Personally, I don't think all software should be free because the hacker culture isn't compatible with generic hardware. Releasing code for a proprietary laser printer (RMS's main reason for starting the FSF movement) is much different than releasing code on a generic PC. If 5 hardware manufacturers pay for development of software on that generic PC and 6 companies use it, which do you think can undercut the competition on price? How about 150 people paying for development of a game that 12 million people play? It becomes unfair to the people that pay for the product unless there is some way to re-compensate them (e.g. advertising revenue, selling personal info of people that didn't pay for it, etc), and that direction scares me more.

  361. DRM is the "terminator" gene in source code by Anonymous Coward · · Score: 0

    Without signing keys or whatever else is needed to run the binaries, you have sources which you cannot use for their intended purpose. You (or someone else you hire) can't fix a bug and produce a new binary you can replace the original with, or even use at all. It is the end of the line for that source code. DRM and keys are the equivalent of the terminator gene in Monsanto products. The source given to you, sitting there and looking pretty is all it can do.

    1. Re:DRM is the "terminator" gene in source code by vijayiyer · · Score: 1

      Just go build the hardware to run the unsigned binary. Same concept as building the binary from source.

  362. Re:GPL is the problem by macs4all · · Score: 1

    Having a single primary rule (with a small set of rules designed to support that rule) does not make you a dictator.

    I seem to recall that the #1 Open Source project (Linux) chafes against what most so-called "F/OSS" devs.CALL "Open". Sir Linus doesn't like GPLv3, either, and in fact, thinks the whole FSF GPLv3 licensing bit is a sham.

    Now what? This is a bit like the "Unlimited" internet service that Comcast OVERsold to everyone in their markets, then, when people actually started trying to exercise that condition of the agreement, suddenly, "Unlimited" became more and more of a bad joke (called breach-of-contract in any normal contractual agreement).

  363. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I have heard and read this for decades now. It first struck me as doublespeak gobbledygook, and it still does today. The GPL defines liberty as playing their way, not my way. That's not more liberty, it's less; ask any libertarian.

  364. Re:GPL is the problem by Anonymous Coward · · Score: 0

    So you are only truly free if you have the right to keep slaves?

  365. Re:GPL is the problem by judeancodersfront · · Score: 1

    Free for whom?

    The GPL protects the *freedom of the code*, not the freedom of developers. Hence the term free software. The BSD allows you to lock the code down, and release binaries only and so is not as good at protecting the freedom of the code.

    How has the original code been restricted? It's still there for anyone to use. The BSD allows proprietary derivatives but it does not allow you to restrict access to the original code. The GPL would be better described in what it prevents, not what it protects. In fact it could be described without getting into semantic debates about freedom. It prevents proprietary derivatives, where or not that is "freedom" is subjective.

  366. Re:GPL is the problem by MattBD · · Score: 2

    Liberty is the perfect way to describe the GPL. It was written with the express intention of preventing a situation where code in the public domain was being taken, improved or extended, and the improved version being made closed source. It's preserving end user's liberty to have access to the source code at the cost of developer's liberty to use the code as they wish.

  367. Re:GPL is the problem by judeancodersfront · · Score: 1

    Who is being locked out? Yes you can be locked out from derivatives but not the original code. If I make a proprietary FreeBSD I am not preventing anyone from working on FreeBSD. I'm not making my changes available but there isn't a net loss to FreeBSD. I haven't added or taken away anything.

  368. Re:GPL is the problem by Draek · · Score: 1

    The GP was making an argument centered on the GPLv3's effects on end users, and for end users "running one alongside the other" is as much integration as they'll ever need.

    As for TiVo, calling it the "most open" is deceitful: they were merely somewhat less closed than the alternatives, and the fact they made such a closed product by leeching off the Open Source community was what pissed off the "GNU tribe" as well as a good percentage of its user community, leading to the GPLv3.

    --
    No problem is insoluble in all conceivable circumstances.
  369. Re:GPL is the problem by judeancodersfront · · Score: 1

    Bullshit. Freedom fries have more freedom than Freedom pancakes.

    I rest my case.

  370. Re:GPL is the problem by judeancodersfront · · Score: 1

    We grant you Freedoms, not just carefully follow all these rules to get those Freedoms.

    Sounds like something a cult would come up with. It's a Freedom club, now follow the Leader's rules.

  371. Re:GPL is the problem by c++0xFF · · Score: 4, Insightful

    Please, please reread the whole sentence:

    If you want to pass on a version with additional restrictions on what they can do with the software, then no, you can't do that.

    "Freedom" does not mean, and never has meant, that you can do whatever you want. The problem is that to allow that will inevitably force someone else to give up their own freedom to do whatever they want. You have to balance the freedoms.

    And that's exactly what was said. The GPL prevents placing restrictions on other peoples freedom. A restriction to prevent further restrictions.

    You may not like how the GPL decided to balance freedom, but its approach is completely valid.

  372. Re:GPL is the problem by jc42 · · Score: 1

    Not if you provide the source code of the software you used and make it available to all users, ...

    Yeah; I guess I wasn't as clear as I might have been. I was basically addressing the people who want to "take the software private", making it a part of their proprietary binary-only package without paying. This is mostly what private companies want to do, and they're frustrated that it's illegal (in most countries). But in fact they can do this, simply by approaching the authors of GPL'd code and asking for a different license. Those authors will probably want to be paid for such a license, as with any software they'd license from a for-profit company. But the companies want the "FOSS" software without even the minimal restrictions of the GPL. So they're playing the "free means I can take it and claim it's mine" gambit, hoping they can get away with it.

    It's the size of the regexp AND how you use it that counts.

    Hey, I'm gonna have to steal that one. ;-)

    Hmmm ... I wonder if that short list of words would follow under the "fair use" exception to copyright laws. /. does warn us that everything we post is copyrighted by the authors.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  373. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I think the point here is:

    Different strokes for different folks.

    Point is, the author of the software can choose which they want to license their code under, which is good.

  374. Re:GPL is the problem by Anonymous Coward · · Score: 0

    So which licenses are those? even the 3-clause BSD prevents me from claiming ownership of the code and suing other users for copyright infringement, so it's not really free either.

    MIT license?

  375. Re:GPL is the problem by bryonak · · Score: 1

    You can't own a slave.
    Congratulations, you're not a free human being.

    (OK, assuming you currently live in a jurisdiction where slavery is forbidden...)

  376. Re:GPL is the problem by gpuk · · Score: 1

    It is very simple:

    GPL - guaranteed freedom for users of software
    BSD/Mozilla etc - guaranteed freedom for developer(s) of software

  377. Re:GPL is the problem by SiChemist · · Score: 1

    So you're saying that Apple doesn't have Lawyers capable of understanding the GPL? I don't think that is what Apple has a problem with.

  378. Re:GPL is the problem by judeancodersfront · · Score: 1

    You're not restricting the original code. It doesn't disappear if someone creates a proprietary derivative. Stallman & co just want a "right" to peer into downstream derivatives. That isn't freedom, that's just demanding access to someone else's derivative project. Stallman just parades the whole thing in "freedoms" to grandstand.

  379. Re:GPL is the problem by jbolden · · Score: 1

    Which is the same argument were were having 15 years ago for GPL2. Companies didn't like those terms much either. They didn't have a choice as more and more open source software was GPLed. Apple would have loved when they were building the original samba extension in if Samba had been BSD and they could have created "iMacWin Share" as a sellable product.

  380. Re:GPL is the problem by postbigbang · · Score: 1

    On a good day, Microsoft is perhaps the most closed of them all. On a bad day, they are, IMHO.

    --
    ---- Teach Peace. It's Cheaper Than War.
  381. Re:GPL is the problem by jbolden · · Score: 1

    The reason companies paid developers to work on the Linux kernel was because they wanted to get out of writing their own kernels. It was from good will. And they hated the GPL even while they did enormous things to make it clear that large scale cooperation worked best under the GPL.

  382. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Is it really that hard to see?
    Let's assume you know how to make cars really well, and need to put food on your table.
    Or let's assume that you want to make cars so people can drive around, but place a lot of importance on having few accidents.

    Oh I see, you were just being childish...

  383. Re:GPL is the problem by Byzantine · · Score: 1

    But why do we have such laws [against murder]? To protect others' liberty to live.

    No. We have such laws to protect others' right to live. Having the source code to a computer program, or ensuring that others do, is not, in any sense, a human right.

  384. Re:GPL is the problem by Byzantine · · Score: 1

    It's sad that the sanest comment in this whole discussion comes from an Anonymous Coward.

  385. Re:GPL is the problem by jbolden · · Score: 1

    Under your scenario the far cheaper thing to do is buy a commercial license for that one GPLv3 piece.

    But even if they don't, I'm hard pressed to see the downside here. The company goes all commercial and starts heavy licensing fees which they have to pass on, which make their products more expensive than companies that are less open. The board is then confronted with a realistic type cost:

    say $3k per developer per year, $1m in backend license fee support costs and $12 / device. If they think staying closed is worth that much, OK.

  386. Stallman would disagree with you by judeancodersfront · · Score: 1

    To Stallman the GPL is the most moral. He compared proprietary developers to criminals after all. What a loon.

  387. Re:GPL is the problem by WWWWolf · · Score: 2

    Yup.

    Debian-based distributions have used code signing since the dawn of time to combat malicious modifications. This is done primarily to allow for effortless mirroring: It doesn't matter who hosts a copy of the repository, as long as the packages are signed by Debian and apt can verify the signatures correctly. As long as the mirrors don't mess with the packages in any way, the software just works. But if you want to host a repository of your own for your own packages, you have to either a) have apt-get scream about missing keys, or b) sign your packages, then tell the users where they can find the repository signing keys and how to install them. (And it uses gpg, so in theory you could use some sort of a chain-of-trust model for the keys, though I have no idea if people actually look that far in the keys. Most 3rd-party repositories just say "here's a damn key, go add it".)

    Notice that this only covers distribution of the software, as any sane model for trusted software distribution requires. The .deb packages are just dumb containers for files, metadata and installation scripts. If you want signed binaries, there's no reason why you couldn't use the exact same model for key distribution.

  388. Re:GPL is the problem by macs4all · · Score: 2

    You're either for personal freedom or you're not. Civil rights stop me from enslaving people, therefore I'm not free.

    If I release some "free software", then someone else comes along and entangles it with their own proprietary software and adds their own restrictions, then the part that is my contribution is no longer free. The software itself is not free, in the same way that a slave is not free. The software has been enslaved. So allowing people to do whatever they want to my software is contrary to my software's freedom.

    Then don't call it free, as in Freedom.

    Who says your software didn't want to be incorporated with another project? For if you are anthropomorphizing software to the point that you say that it can be "enslaved", then you must also attribute to that software the free will to associate itself with other software, and the free will to "do things" of which you personally do not approve.

    Either you put a big fat Copyright symbol on your software (which is exactly the same as branding cattle, or slaves) and call it YOUR slave, or you let it fly free into the world, to make its way on it own.

    By your own analogy, there is no middle ground.

  389. Re:GPL is the problem by boxwood · · Score: 1

    well there's more than one player here. Apple has less liberty yes, but the GPL isn't about protecting the liberty of the distributors of software its designed to protect the liberty of the users of software. The idea is the users of software should be allowed to make changes to the software. Apple doesn't want to give their users the liberty of changing the software on Apple devices.

    Bad analogy time: the constitution tries to guarantee citizens liberties. But the police are citizens too, right? Should the police have the liberty to listen on your phone conversations anytime they want? No because that takes away your liberty. So the constitution limits what the police and military can do to protect the liberties of civilian citizens.

    The GPL limits what software distributors are allowed to do to protect the liberties of software users.

  390. Re:GPL is the problem by jbolden · · Score: 1

    The GPL has always quite explicitly stated that the license changes as the FSF sees fit. Section 9:

    9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

    Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

    I don't know they could have been more explicit that the GPL is the GNU Public License where GNU is project under the guidance of the Free Software Foundation.

  391. Re:GPL is the problem by synthespian · · Score: 1

    GPL is like promoting free speech until someone saids something YOU don't like.

    That is a brilliant way to put it! ...I think that by now we've accumulated enough Real World evidence about how the GPL has utterly failed in its lofty goals of virally forcing everyone to merge code with the FSF and other projects. Now, people might point to the Linux kernel. But Linux is just for servers. It's not in desktops. It's not in other areas (scientific, financial, engineering, medical, aeronautics, defense, etc.). Why?

    Because, for many years now, people have made a significant investment - with hefty returns in many cases - in the Windows platform. And they'll continue to do it. They will pay the price the free market stipulates for the proprietary OS, but they will not pay the price the FSF and the Linux fanboys jerk-offs would like to see them pay - throw away your intellectual effort and simply "share", whilst risking bankrupcy.

    This fundamental misunderstanding of cost-benefit and risk analysis from the Linux fanboys is what keeps them at the margin. Even if you love Unix, you can enjoy a better Unix experience with the Mac OS. Also, Linux -i.e., IBM - succeeded in running Sun out of the market. Great! I'm really excited about the possibilty of a medical equipment running Windows, instead of Sun's OS.

    To add insult to injury, we're witnessing software engineers develop systems software that intends to dump the GPL/FSF while still - and this is important - adhering to an open source license - but one that's not viral.

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
  392. Re:GPL is the problem by TheNinjaroach · · Score: 1

    You're onto the right idea, but I think you've got a few misconceptions. BSD protects the developer's freedom to do what he wants with the code. He can include it in a software package and then relicense that software package however he sees fit, including in a closed-source manner.

    It's the GPL that protects the end user's freedom, because any applications he runs that were developed downstream from a GPLed package remain GPLed for him to access all aspects of the code.

    But as soon as the end user begins tinkering with code, well then he might refer to himself as a developer and might prefer the lesser restrictions of the BSD.

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  393. Re:GPL is the problem by judeancodersfront · · Score: 1

    You do realize that the GPL allows corporations to make billions from GPL software without contributing, right? If the goal is to stop corporations from profiting without giving back then the GPL is a lousy license. It only prevents derivative products that are distributed. Corps are free to make billions from web applications and internal use.

  394. Re:GPL is the problem by bryonak · · Score: 1

    The GPLv3 is designed to support commercial usage. It is however not designed to support proprietary usage. These two concepts are orthogonal.

    As we can easily see that from the iOS ecosystem, Apple dreams of a proprietary world, and thus they want to weaken and remove their perceived "obstacles" for getting there.
    They would be perfectly fine to continue using SAMBA (GPLv3), since there is not a single technical/legal reason against it with their current usage pattern. However, they are on a crusade against the GPLv3 (for understandable reasons... it doesn't fit their business model), hence the FUD campaign.

  395. Re:GPL is the problem by jbolden · · Score: 1

    They contributed code to the Samba project with the understanding it would be distributed under the GPL2, standard. They've licensed the Samba team under the GPL2. The Samba team is perfectly within their rights.

  396. Re:GPL is the problem by jbolden · · Score: 1

    That romantic ideal has been realized time after time after time. Lots of companies that would rather not have met with FOSS terms have done so to save money.

  397. Re:GPL is the problem by jbolden · · Score: 1

    Actually it does apply to LGPL code. LGPL code just removes the linking restrictions.

  398. Re:GPL is the problem by marco.antonio.costa · · Score: 1

    As soon as you utter that phrase, whatever it is you're talking about ceases to be free.

    Yes you are free to do whatever you want, but if you want to murder someone then no, you can't do that.

    Your freedom ends where your neighbor's property begins.

    --
    Send your spendthrift head of state this
  399. Re:GPL is the problem by jbolden · · Score: 1

    Then you would distribute under something like the MIT license and as long as you were the primary everything would be cool. Once people started contributing their contributions would like be GPLed and very quickly you would end up with a GPLed encumbered code base so you might was well GPL the whole thing.

  400. Re:GPL is the problem by judeancodersfront · · Score: 1

    You make it sound like code can only exist in an open or proprietary state.

    Apple used FreeBSD code and the FreeBSD team was not "less free" because of it. What exactly did they lose? Are they slaves? This really doesn't make any sense. The GPL "freedoms" are just Stallman's demands. He wants to be able to peer into any downstream software project and parades this demand as a "freedom" even though his license could be described more accurately as anti-proprietary.

  401. anti TIVO-ization by DrYak · · Score: 1

    Please explain me how a clause that is specially added so end users still have the freedom to hack, even if the constructor decide to use signing keys, isn't about freedom ?

    The freedoms that GPL is fighting for are the end user's. Not Apple's.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:anti TIVO-ization by huzur79 · · Score: 2

      Im a End user and I cant use open source software on my preferred device despite the fact the code is accessible and free for all to see. Is the point of the GPL to protect and share knowledge (code) or to force every one to operate under Richard Stallmans vision. GPL v3 is political. GPLv2 was about the code.

  402. Re:GPL is the problem by joeaguy · · Score: 1

    In a free society there will be risk. Freedom brings risk. Freedom is messy.

    Apple has gone with the benevolent dictator approach to things. They built up a technology foundation on free and open software, and promoted the fact that they did, but now that that does not suit them because the meaning of freedom changed when it was realized the relationship was becoming exploitive, they decided they wanted out. I was a Mac guy from 92, but switched to Linux in 08 because no matter how benevolent they may seem, dictators by definition impose their interests and ignore mine when they are not the same.

    Is it the GLPv3's fault? Just as much it as it is the rest of the world's fault that many web sites are blocked in China. That argument really turns the idea of freedom on its head, as many have indicated. When its my rights vs yours, one person does not have the right to effectively take away an other's rights.

    So there's that Franklin quote which has become a cliche, but does sum this up nicely, "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."

  403. Re:GPL is the problem by Spewns · · Score: 1

    The GPL(3) is functioning just as it was designed, to limit commercial use of code.

    Nope, that wasn't why it was designed. You can learn about the GPL here: http://www.gnu.org/licenses/quick-guide-gplv3.html

  404. I don't think GPL is the problem, copyright is by marco.antonio.costa · · Score: 0

    Not that I agree that the GPL is legitimate, since personally I don't believe in ANY intellectual property, BUT, we do have copyright law which permits the existence of proprietary software, which is something I disapprove of.

    In that light I see the GPL as an attempt to use that same law to create this 'microcosm' where software is freely distributed, with the added little perk of NOT ALLOWING proprietary code to free ride on in, unlike licenses like BSD who just don't give a fuck.

    I call it competition between a hypotetical world with IP and one without.

    --
    Send your spendthrift head of state this
  405. Re:GPL is the problem by macs4all · · Score: 1

    IMHO, Apple becomes less and less free than the ideals expressed when MacOSX arrived, and becomes more and more like Microsoft all the time, in terms of proprietary infrastructure with high walls and draconian developer requirements.

    I think the number of included F/OSS projects in OS X has actually INCREASED over time; and Apple certainly has been anything but a software leech in terms of the F/OSS community in general.

    What "draconinan" developer requirements? If you are talking about the paltry $99 for an iOS dev. license, you have a pretty damned distorted viewpoint on what "draconian" is.

    If you looked at the requirements to become a registered Mac developer back in the Macintosh Toolbox and MPW days, versus now (for example, I am a registered Mac OS X developer, and I haven't paid a dime), you certainly would characterize their policies as becoming "more and more" "draconian", or the "walls" being "high".

    And as for a proprietary infrastructure; the core of OS X, Darwin, is, was, and remains Open. The parts that are proprietary are, by and large, actually built ON TOP of that infrastructure.

    Oh, and BTW, many of those parts are Open, too. So go troll someplace else, ok?

  406. Re:GPL is the problem by jbolden · · Score: 1

    The license is explicit about the form you need to supply it in. The form you were using internally. Apple didn't do that and didn't want to do that for secrecy reasons so they had to negotiate a license exemption. Happens all the time with commercial licenses.

  407. Re:GPL is the problem by mystikkman · · Score: 1

    You have atleast twice claimed that this is paid FUD. However, I fail to see anywhere where you have actually proved TFA wrong except cast doubts on it.

    They seem to have made a mistake (genuine maybe) that GPLv3 prohibits commercialization. But what is true is that the terms are a little onerous(like handing over signing keys, patent grants etc.) compared to GPLv2 which seems to be the reason that Apple doesn't want to be in a position where it can't use its own contributions, especially with iOS where it banned GPLv3 apps from app store.

    So if you think it's paid FUD, what do you think is the reason for Apple not shipping Samba or to stop contributing to GCC? Why should one trust your word over Apple Insider which atleast *seems* to have developer and insider connections?

  408. MOD PARENT UP by c++0xFF · · Score: 1

    Exactly. Liberty does not mean that everyone gets to do whatever they want. In a perfect world this might work, but in reality the desires of one party will infringe on the rights of another.

    Reminds me of elementary school arguments. Somebody inevitably says "This is a free country! I can do whatever I want!" No, that's not what it means. Unfortunately, many adults never learn what liberty and freedom really are, and keep this quite naive viewpoint.

  409. Re:GPL is the problem by judeancodersfront · · Score: 1

    With the GPL corps are free to profit without giving back. They are only prevented from profiting through a distributed proprietary derivative. Corps all over the world have been able to save billions by not having to pay for proprietary Unix licenses.

  410. Re:GPL is the problem by jbolden · · Score: 1

    Why can't you distribute GNU Go? You have to offer to distribute source code, for whatever you do. So you distribute the entire XCode project on your website. What's the problem?

  411. Re:GPL is the problem by bames53 · · Score: 2

    The GPL requires that whoever you give the code to - in source or binary form - is just as free to use the code as you were.

    But the original code is going to remain open no matter what happens in terms of derivative works. This is as true with BSD as with the GPL. So the GPL is not about making sure other users are just as free to use the original code as someone who's created a derivative work. It's about making sure they're as free with the new code as they are with the original.

    The distinction is important because it shows that the extra freedom in the BSD license does not make anyone less free. No derivative work of a BSD licensed work can take any freedoms away from anyone because the worst case still leaves the original code as open source, as available to anyone as it was to the author of the derivative work. The BSD license in no way allows for previously available freedoms to be eliminated. Anyone that could do anything with the original work before a derivative is produced is still able to do those same things with the original afterwards.

    Further, you liken the creation of a proprietary derivate work to assaulting and enslaving people, which is ridiculous, to say the least. I've already explained that creating proprietary derivate works doesn't make anyone less free in any real sense, but are you suggesting here that the rightful remedy to proprietary software is the same, at least in kind if not degree, as for assault and enslavement?

    Also, the GPL only requires derivative works to be licensed under the GPL if they're distributed. But doesn't code that's not distributed at all make people 'less free' in the sense you used, in precisely the same way as propriety derivative works make us 'less free'? That is, other users have more choices if a derivative work is distributed as compared to if it isn't, even though doing the opposite doesn't actually eliminate any previously available choices. So wouldn't it be good if the GPL not only required derivative works that are distributed be licensed under the GPL, but required any derivative works whatsoever be distributed, and to be so under the GPL? That increases freedom in the same way as requiring that derivative works be GPL licensed.

    One of the practical downsides that clearly result from the GPL is that licensing a work under it will mean that when someone would like to create a derivative work but can't or won't comply with the GPL for whatever reason, they must find some alternative. They can create their work from scratch (or deriving from some non-GPL work) or they can choose not to produce anything at all. We are not better off if a derivative work is not produced from a GPL work when the derivative would have been produced had the original been BSD licensed (or public domain or whatever). In that case we are worse off, and 'less free' in the sense you used.

    If you believe that proprietary software really is like assault or enslavement then we can address the lack of freedom caused by people choosing not to derive GPL works by using the same remedy as for assault and enslavement; laws, fines, regulations etc. We'll make it illegal for people to choose not to write open source software. Of course we can't just make it illegal to write proprietary software, because that would create a loop hole people could wriggle through by not writing software at all, making us 'less free'. No, we have to force people to write software, and make sure it's open source, so we're all more 'free' as a result.

  412. Re:GPL is the problem by man_of_mr_e · · Score: 0

    The problem with the GPL is the so-called "viral" nature (a term that, contrary to popular belief was not invented by Microsoft, but rather by BSD license advocates).

    Not only does the GPL require that you distribute code that was licensed under the GPL, but it requires you to distribute all other code it touches as well. Of course, there are lots of philisophical arguments why this should be so... but it does make the license distasteful to a lot of people who do not share the same philosophy.

    I think most people are fine with software like the LGPL that only requires you to redistribute the LGPL'd code and changes to it.

  413. Re:GPL is the problem by jbolden · · Score: 1

    Yes the FSF has been trying the top-down approach for 30 years and has met with tremendous success. Virtually every goal for free software set in the 1980 and 1990s has been met.

  414. Re:GPL is the problem by macs4all · · Score: 1

    They decided on their values, formed the GPLv3, and stuck to those values.

    Perhaps you misread what I said. I called the people who are pissed about the GPLv3 "control freak assholes." The GPLv3 was created by people who are more concerned with ensuring that people who receive GPLv3 software are not controlled.

    So, please tell me how imposing MORE restrictions on the distribution of "free" software is not MORE controlling.

    Was Apple calling SAMBA its own? No.

    Was Apple restricting anyone else from using SAMBA (or its improvements thereto)? No.

    Was Apple charging people EXTRA for using SAMBA? No.

    Was Apple contributing changes and improvements to the SAMBA project? (I really don't know; but I assume "yes", since SAMBA has its share of bugs.) Yes.

    So, please tell me how Apple was "controlling" SAMBA?

    Apple very well understands the contributions the F/OSS community have made, and for a very large measure, has repaid those contributions in kind, and with respect.

    For example, when Apple purchased CUPS, did they suddenly send C&D letters to all the Linux distro maintainers? What do you think would have happened if MS would have purchased CUPS?

    Stop trying to paint Apple as Teh Evilz, it's becoming a more and more tiresome meme; because it is so easily refuted by Teh Factzes.

  415. Re:GPL is the problem by synthespian · · Score: 1

    Let's take a look at some statements form the Church Of Stallman and the cult of Linux fanboysim:

    "Either you share your code forcifully and virally with us OR you're not 'free as in freedom' "

    False dichotomy. ( -- See: BSD license)

    "Proprietary code harms the world"

    We have reasons to believe the premise is flawed. ( -- A lot of proprietary code helps a lot of people)
    Not only that, all it expresses is an opinon.( --- Not what engineers, doctors, finance wizards, etc.think)

    "If more people use the GPL, more people will be constrained to use it too, therefore leading to a greater number of free software"

    Unproven assumption. In fact, there are counterexamples. ( --- No support in Real World events. Case in point: Apple, LLVM, etc.)

    I could go on and on about this meme the Linux fanboyism freeloader jerk-offs believe.

    Did you know that the Linux fanboyism cult movement actually believes that it's legitimate for a carpenter or owner of a metal shop to spend thousands of dollars on power tools, while expecting to pay absolutely nothing for software power tools? I find that amazing...

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
  416. GPLv3 Inhibits Distribution by Anonymous Coward · · Score: 0

    Regardless of what you armchair lawyers think about whether the GPLv3 allows or disallows commercial use, no sane software company would ever use GPLv3 software.

    Period.

  417. Re:GPL is the problem by betterunixthanunix · · Score: 2

    It's not just control freaks that have a problem with it. It's also security-conscious engineering teams. Those bits of GPLv3 betray a fundamental lack of understanding of the need for proper code signing.

    This is a red herring; the GPLv3 does not prevent you from using code signing, it just requires you to allow those users who want to run their own code to do so. Imagine if your phone had an option that allowed you to import a different a signing certificate, or to disable signature checks, so that those users who wanted to run their own code were able to do so. You could warn people that it might be harmful to security, you could void their warranties, but why is it necessary to tell someone that they are not allowed to modify their own device?

    It is not a question of security, it is a question of control.

    --
    Palm trees and 8
  418. Re:GPL is the problem by man_of_mr_e · · Score: 1

    Which is precisely what Apple is doing. But then GPL advocates throw their arms up and complain when Apple follows the terms of the GPL. You can't win with GPL advocates. When Microsoft said "We don't allow GPL because we don't want to be liable for the terms of the license", GPL advocates accused them of discrimination. Yet, there's always someone that says "If you don't like the license, don't use it", which is in direct conflict.

  419. Re:GPL is the problem by emj · · Score: 1

    The GPL(3) is functioning just as it was designed, to limit commercial use of code. You can't complain that it is doing what it was designed to do.

    Most people I know are very happy that GPL limits commercial use, making it possible to reconfigure TVs, Routers and MP3 players to do almost anything. That is something that we would never be able to do if it weren't for GPL products. You can always pay somone to rewrite Samba, Linux, Busybox or GCC.

  420. Re:GPL is the problem by Archangel+Michael · · Score: 1

    Okay. I'm glad you asked about TiVO. I have TWO questions about the fallout from that.

    1) Has TiVO been improved by the GPL(3) changes?
    2) Has the Software used by TiVO been improved by locking it out of TiVO via GPL(3)?

    The answer to both these questions is .. NO. It did nothing for users or the software.All it did was soothe the wadded panties of GNU purists. This was nothing short of a little boy temper tantrum when the game didn't go his way, and took his ball home and cried to mommy.

    And that little boy is going to grow up and realize that nobody wants to play with him. He'll have a ball playing with himself, while crying to mommy because he has no friends.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  421. Re:GPL is the problem by Dalcius · · Score: 2

    Let's remember that originally the point of the GPL was to allow people to share source freely, so that you could pass your work on and be assured that other users could pass it on too. It prevented restrictions on the sharing of something you created. It made your work open and free.

    If I understand this right, and GPLv3 requires the allowance of "modifications in place", the GPLv3 is going far beyond that. It's no longer about keeping code open and free, it's forcing others to make their property open and free. It's no longer about sharing your work, it's about how your work is used.

    Regardless of how you feel about "tivoization" -- personally I hate it -- this is telling someone else what to do with what they created. That's not making a statement about your own property, it's making a statement about somebody else's.

    I'm a developer. Developers have the right and justification to release software under whatever license they choose! If a dev wants to restrict against "Tivoization", that's fine.

    But let's not kid ourselves that "modifications in place" is about sharing software. This is going much further, and people with an interest in engineering things for the world to benefit from and making a living in the process have a very well qualified criticism.

    --
    ~Dalcius
    Rome wasn't burnt in a day.
  422. Re:GPL is the problem by huzur79 · · Score: 1

    Under GPL v2 thats how it works. GPL v3 became political with the anti tivo stuff which is why you cant get GPL v3 stuff on a iPhone. Lets go back to GPL v2 so we can all live happy together. Programmers who don't give a shit about end users and end users who doing give a shit about programmers :)

  423. GPL is the evolution of freedom by Crouty · · Score: 1

    True freedom is letting people do what they want.

    In the beginning there was true freedom. Since Apple (and Microsoft and Adobe and Oracle and...) are companies trying to make a profit they just take what OpenSource has to offer, make a profit out of it and never give anything back. Thus, GPL is a evolution of the "true freedom" concept. It restricts the freedom in only one respect: free software shall never become unfree.

    --
    On se Internetz nobody noes your German.
  424. Re:GPL is the problem by jbolden · · Score: 1

    Not really. Their developer licenses (Microsoft QBasic, Visual Basic, C/C++, etc...) were for many years far more open than other company's. Their OS licenses were pretty open. The degree to which Macros + VBA + Active X allows you to transform Office is pretty open.

    They ain't open source but they aren't the worst around. Most companies have gotten more open because of companies like Microsoft. Sorry to say nice stuff about Bill but it's true.

  425. Re:GPL is the problem by postbigbang · · Score: 1

    It's $299 for enterprise development, and the agreement is pretty highly walled. Look at Oracle, Microsoft, etc., and then those within the FOSS community. Much different, aren't they? I'm not a much of a fan of either Oracle or Microsoft, and use them emblematically here.

    Darwin-the-kernel itself isn't controlled by its community any longer. The kernel used by Apple is now pretty closed up. Seen source recently? Yes, X and SAMBA 4 were used when the GPLv2 were allowed. Lots of FOSS apps ran on MacOS X and still does. Except GPLv3 eventually can't run there.

    So go FANBOI someplace else, will ya?

    --
    ---- Teach Peace. It's Cheaper Than War.
  426. Re:GPL is the problem by amorsen · · Score: 1

    I believe it depends on whether you count projects in general or add weight to them depending on how much the projects are used. The vast majority of Free Software projects are tiny and driven by at most a handful of developers, and used by hardly anyone. Almost all of those developers would likely be willing to offer you the code under a proprietary license, if you pay enough.

    There are much fewer high profile projects, and they tend to have many developers. Only a few of them offer proprietary licenses.

    --
    Finally! A year of moderation! Ready for 2019?
  427. Re:GPL is the problem by huzur79 · · Score: 1

    Stop saying End users rights and freedoms, its not about the end user it never was. Its all about the union of programmers and that is all its about. Programmers couldn't give a dam about End users. From a programming friend I don't give two shits about users, I care about other developers who use and contribute to my code. No user is going to contribute anything except support requests. I'm not interested in supporting freeloaders, I'm interested in protecting the freedoms of other programmers. So be honest at least. Its only about programmers rights. No one else's.

  428. Re:GPL is the problem by dgatwood · · Score: 2

    No, that actually doesn't solve the problem. Do you know how many security exploits there have been in which a user was tricked into installing something? So as I said before, allowing self-signed certs is not significantly better in practice than allowing unsigned binaries.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  429. Re:GPL is the problem by jbolden · · Score: 1

    Yep that's a good example. And if that happened to enough codecs you would end up having to create a whole module architecture to keep it separate and likely LGPL that architecture. Which of course given GPLed codecs and a LGPL module architecture would make it easy for someone to take those whole layers and add them to a GPLed application....

    That's how it is supposed to work. You are just in an early phase.

  430. Re:GPL is the problem by synthespian · · Score: 1

    The GPL protects the *freedom of the code*, not the freedom of developers.
    (...)
    I really can not fathom that this logic still eludes people.

    "Freedom" is a concept that only applies to humans!

    For instance, can your electrical appliances be considered your slaves, that is, "not free"? I hope you see how ridiculous that line of reasoning is...

    'I really can not fathom that this logic still eludes people'. ;-)

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
  431. Re:GPL is the problem by macs4all · · Score: 1

    Actually at this point Microsoft seems more free than Apple. Apple was never a huge fan of open source, they were desperate. Generally companies in their prime can afford to "go it alone" and try to. Its the rest of the time that open source works so well.

    Are you on crack?!?

    Let's see:

    WebKit

    launchd

    GCD

    CUPS (purchased and then allowed to remain O/S)

    Bonjour

    Darwin

    IOKit

    Those are NOT signs of a "desperate" company; but rather a company that recognizes the value the F/OSS community has to offer, AND the value it has to offer the F/OSS community.

    Try trolling somewhere else.

  432. Re:GPL is the problem by dgatwood · · Score: 1

    Which does exactly two things for security: jack and squat. If somebody finds a way to maliciously modify the daemon, do you really think they can't modify a signature file, too?

    And besides, the real security comes not from preventing on-disk modification, but from preventing modification during execution, which means there's a significant win to having the signature information as part of the binary itself. This really has to be done at the kernel level.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  433. They had to move away by bgspence · · Score: 1

    "Samba team has moved active development of the project to the more strict GPLv3 license."

    WTF. They are making 'open' software to support sharing between systems, so they want to restrict the use of the software! They should be removing restrictions, not adding them.

    It seems clear that as licenses become more strict, the Samba team will choose to use them. Who knows what restrictions will be imposed by GPLv5 or GPLv6. It's better to move to non proprietary, open foundations like BSD if you are developing for the long haul.

    What commercial developer needs to get sucked down the GPLvX black hole.

    1. Re:They had to move away by int69h · · Score: 1

      WTF. They are making 'open' software to support sharing between systems, so they want to restrict the use of the software! They should be removing restrictions, not adding them.

      They are making 'free' software and want to ensure that everyone that uses their software has the 4 freedoms. It sucks if you're a middle-man trying to deprive your customers of their freedom, but it's great if you're an end user.

  434. Re:GPL is the problem by makomk · · Score: 2

    The problem comes with the intention of allowing the user to modify and use the software. The GPLv2 allowed them to do an end run where you could modify and use the software, but never on the device that it was distributed on.

    Precisely, and this does actually matter for Samba. It's a very complicated server that every now and again has a serious security issue that needs to be patched... and it's also often embedded in all sorts of hardware whose manufacturers are too lazy to release timely updates. Without the GPLv3 protection, it's easy to end up with kit that has a trivially-exploitable and widely known security vulnerability that can't possibly be patched because the vendor has prevented you from modifying the GPLed code on it.

  435. Re:GPL is the problem by JAlexoi · · Score: 1

    GPL is like promoting free speech until someone saids something YOU don't like. True freedom is letting people do what they want.

    The only truly free software is public domain. No exceptions. And GPL is like demanding, from the person that listens to you, not to obstruct other people listening to your speech.
    PS: It seems that you think that someone is forcing GPL onto you. Because it's not the case. Just like the companies that use Apache software in proprietary products, individuals that release software with GPL require only adherence to their license not money.
    PPS: Linux wouldn't be what it is now, if not for GPL. Because none of those new and experimental features would have been released for all of us to use. And GPL somehow hasn't stifled Linux'es march into corporate server room.

  436. The Right Way? by buckhead_buddy · · Score: 1

    This is a text book example on how the GPL is not a "trap" for big companies. The terms changed. A company disagreed with the changes. And they opted out of future usage.

    Is it the right thing to do with lawyers? Yes. No fighting or disguised usage; they quit SAMBA "cold turkey" and all lawyers are happy.

    Is it right thing to do with SAMBA developers? Yep. They didn't fork the codebase and create a competitive SAMBA GPLv2 effort.

    Is it the right thing with Apple developers? Probably. Some older features are missing, so relying on pre-Active directory features will be troubling. For those who really need SAMBA itself (rather than just the features), Apple's GPLv2 forks are public and the GPLv3 work could be taken up by interested companies, researchers, or hobbyists.

    Is this the right thing with users? That's what we don't know. Will the new system be secure enough? Will it be integrated well enough? Will end users be oblivious to its replacement? If yes, that's the final word on whether this was the right move at this time for this company. If no, then that shows SAMBA is non-trivial code, that can't be easily replaced.

    IMHO, that's exactly how disagreements with GPL licensed code should be resolved.

  437. Re:GPL is the problem by Marillion · · Score: 1

    It is both good and bad. The whole reason the GPL exists is because Richard Stallman saw a "flaw" in the older MIT license. He saw companies "proprietarize" versions of emacs and sought to put an end to companies "stealing his software." He had no issues with people using his software for free. But if a company copied it, and repackaged it as their own, that was a problem. Thus GPL included the "must share code including derivatives" clause. The rest is history. On the one hand, the GPL prevents companies from "stealing and redistributing software." On the other hand, it prevents companies from "using and redistributing software."

    --
    This is a boring sig
  438. Re:GPL is the problem by huzur79 · · Score: 1

    No you don't. Let the user decide if they want to exercise their rights. If they want the code to work on they will get the code from the source that allows them to work on it. You act as if the second some one makes a locked down product with your code that your original code vanishes and is no longer accessibly or available. Let the user decide what matters.

  439. Re:GPL is the problem by adavies42 · · Score: 2

    clarke-hanlon: any sufficiently advanced incompetence is indistinguishable from malice. thinking that GPLv3 prohibits commercialization is such an egregious mistake as to make me ignore everything this person says about licensing in the future.

    my guess would be that apple has "legitimate" (from their point of view) problems with the tivoization rules--they probably want to put windows networking on AppleTVs or something, and GPLv3 definitely isn't compatible with iOS-style lockdown.

    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
  440. Re:GPL is the problem by makomk · · Score: 1

    It's not just control freaks that have a problem with it. It's also security-conscious engineering teams. Those bits of GPLv3 betray a fundamental lack of understanding of the need for proper code signing.

    On the other hand, your comment betrays a fundamental lack of understanding of how Samba is normally used. Code signing is all well and good from a security perspective right up until the point that your carefully signed and protected from modification code turns out to have a serious security vulnerability - of which Samba has had a number - and the code signing intended to ensure that your users have no possible way to modify the code even if they want to makes it impossible for them to patch it.

    Most vendors that user Samba are too cheap to ship security fixes in a timely fashion, or even at all.

  441. Re:GPL is the problem by dgatwood · · Score: 1

    iPhone and friends do provide a way to import a signing certificate. It just costs money to obtain the certs because the infrastructure needed to support those certs costs money. Therefore, the GPL effectively prevents any useful implementation of code signing.

    If you allow import of arbitrary (self-signed) certs, you might as well be allowing unsigned code, and if you put in a switch to allow unsigned code, somebody is going to find a way to throw that switch without the user's knowledge. It's inevitable. At that point, you have no security.

    And if you allow import of certs signed by a large number of authorities, you have the problem that none of those CAs support extensions to limit the code to a specific device, which effectively means that a virus, trojan, worm, etc. signed with their certs can run rampant.

    I've thought about this a lot, and I really don't see a better way that retains even a modicum of security from code signing. Either way, the point is that it isn't a case of wanting control for control's sake, but rather wanting control to prevent harm to the users. I realize that the notion of absolute freedom meaning absolute anarchy seems like a good idea to some folks, but most folks would prefer at least some limits to protect them from harm.

    That said, I do wish Apple would come up with a way for people to (for free) register their own personal devices and obtain a signing key for those devices. I don't expect it because, as I've noted, it costs money to run a CA, but it would be nice.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  442. The problem is patent indemnification by harlows_monkeys · · Score: 0

    I suspect what Apple does not like is this part of GPLv3:

    If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

    Here's the nightmare scenario for Apple:

    • Apple distributes Samba.
    • Some third party comes along and alleges Samba infringes a patent of theirs, and sues Apple.
    • Apple either fights the third party in court and loses, or determines that Apple would not be able to win and wants to settle.
    • Under the GPLv3 section given above Apple basically has only two options. Either stop distributing Samba, or take out a patent license the effectively covers the whole world. In the first case, they then end up having to come up with their own Samba replacement. In the second case, it could get pretty damned expensive.

    Better to get an alternative ready now, before someone shows up with a patent.

    1. Re:The problem is patent indemnification by aristotle-dude · · Score: 1

      Finally someone on here with some common sense. There is the patent indemnification problem but also the issue with trusting signed binaries. Apple wants to be able to ensure that any binary signed with their signature comes from them and not some other untrustworthy third party. Third parties should have to sign with their own certificate so that they cannot masquerade as someone they are not. Requiring distribution of certificates endangers the end user populace because the certificates are no longer unique.

      I don't see the problem with the IOS appstore terms. All Apple is asking for is a relatively small annual fee to distribute apps on the app store. If you are allowed to charge for GPL'd software then why can't apple charge to the ability to sign apps for distribution? The barrier imposed by the terms of the GPL Version 3 are far more intrusive in my opinion than what Apple imposed. Most end users have zero interest in compiling let alone modifying code.

      I would rather have code signing than having to worry about the trustworthiness of an application on a portable device. It is bad enough that people have to worry about trojans on their desktops and laptops.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:The problem is patent indemnification by Dwonis · · Score: 1

      Requiring distribution of certificates endangers the end user populace because the certificates are no longer unique.

      Oh, FFS, you're conflating authorization and authentication, it's bordering on slanderous libel. GPLv3 does not require that you distribute cryptographic keys. How many times does this need to be said? All it requires is that end-users have some way to install modified versions of the software, crypto or not.

      Also, please learn the difference between "certificates" and "private keys".

      Most end users have zero interest in compiling let alone modifying code.

      So what? Most end users have zero interest in modifying Wikipedia, too.

  443. Re:GPL is the problem by mysidia · · Score: 1

    Their rights to do what?

    The GPLv2 is not compatible with the GPLv3. If any code is under the GPLv3, you cannot use any GPLv2 code in the software.

  444. Re:GPL is the problem by JAlexoi · · Score: 1

    It's not just control freaks that have a problem with it. It's also security-conscious engineering teams. Those bits of GPLv3 betray a fundamental lack of understanding of the need for proper code signing.

    Another person thinking he knows what GPLv3 is about. That is how some people think that by using some GPL software on an internal project will require them to publish it...
    GPLv3 has nothing anti DRM per se, but does require an option to remove those DRM pieces. So... You can include a full blown DRM, but you are not allowed to add bits that prevent removal of that DRM. In the text from RMS:

    GPLv3 ensures you are free to remove the handcuffs. It doesn't forbid DRM, or any kind of feature. It places no limits on the substantive functionality you can add to a program, or remove from it. Rather, it makes sure that you are just as free to remove nasty features as the distributor of your copy was to add them.

    I'm not particularly pro GPL or against it. There is a need for GPL in many cases. It's totally absurd using GPL in many other. But this is slashdot and you know me and/or someone else would correct your "understanding".

  445. Re:GPL is the problem by compro01 · · Score: 1

    It seems that Apple can use GPL v.2 licensed software on these devices while having the devices work as they want to, but not the same with GPL v.3 licensed software.

    They can use it fine, they just like the loopholes in GPL2, namely tivoization and patents, which GPL3 closes.

    Basically, they have to allow Joe Random with his iDevice to take their code, tweak it, compile it, and stick it on his device. They're not allowed to use measures (DRM, locked bootloader, unoverridable signature checking, etc.) to prevent him from doing that.

    Also, any patents that cover the GPL3'd software must be licensed downstream. So if Joe Random takes your GPL3 code which is covered by a patent and uses it in his own GPL3 project, you cannot sue him for infringing on that patent, though you can still sue any other infringes that aren't using your code.

    --
    upon the advice of my lawyer, i have no sig at this time
  446. Re:GPL is the problem by makomk · · Score: 1

    To be pedantic, the GPL protects the freedom of the end users of the code.

  447. Re:GPL is the problem by macshome · · Score: 1

    Are you talking about this kernel source? http://www.opensource.apple.com/source/xnu/xnu-1504.9.26/ Apple has posted the sources for the 10.6.6 Kernel and directions for building them on MacOSForge.

    Apple also continues to add projects to MacOSForge, including the recent addition of a project for DCE/RPC on UNIX systems. http://www.macosforge.org/post/new-project-dcerpc/ There are lots of other fun things there too like the Apple implementation of X.

  448. Re:GPL is the problem by dgatwood · · Score: 1

    You're arguing that the right to write code on an arbitrary device that was not designed to run third-party code is an essential liberty. I would argue that this is a pretty serious stretch.

    As for comparing the GPLv3 situation to China, that's a ludicrous stretch. China blocks content because it is harmful to the Chinese government, not because it is harmful to the Chinese people. By your argument, we should not have a border patrol or a police force because they can deprive people of the right to commit mass murder.

    Freedom does bring risk, and it is messy, but without limits, there can be no freedom. Freedom without limits cannot truly exist for any person unless you deny someone else freedom without limits. By its very nature, I cannot be free to shoot a firearm anywhere I want to without depriving others of one of their inalienable rights—that of life, specifically. So the notion of pure freedom is really just a pipe dream constructed by people in ivory towers looking down on the real world.

    In the real world, freedom must be balanced by responsibility, and when it is not balanced by responsibility, it must be balanced by rules to ensure that, as Oliver Wendell Holmes Jr. put it, "the freedom to swing my fist ends where the other man's nose begins."

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  449. Re:GPL is the problem by ChristopherBurg · · Score: 1

    You may wish to look up the definition of a state as used in politics, it's a bit more complicated then you've claimed. A state is an entity with a legitimized monopoly on the initiation of force. A society with multiple competing security firms for instance wouldn't imply an existence of a state as no monopoly on the initiation of force is in place.

  450. Re:GPL is the problem by JAlexoi · · Score: 1

    companies who make money on software

    Newsflash - they already have. And most already have parted ways with GPLv2. Problem is, unless you're Apache Software Foundation, you will be screwed by the same corporations without GPL(v2 or v3).

  451. Re:GPL is the problem by SomeKDEUser · · Score: 1

    This is called the "invent your rules as you go" license. It works like that: I'm a company. Some internal code happened (coders are a commodity). But as is, I can't cash in, because:
    a) no one uses it
    b) it is not so good anyway

    Now what to do? simple: disseminate the code by "giving" it to people. Say something about how it's alright, we don't use it anyway. Now wait until someone does something with it.

    Sue. Get their work as a settlement. Lather, Rinse, Repeat.

    The GPL protects the original author and the users. You, as a coder, because it ensures that your contributions will never go towards helping someone do something with your code such that your code is not yours anymore. And yet you get to disseminate it/collaborate. You as a user, because if you depend on the code being available, it will be. Because of the above.

    Now there is nothing wrong with wanting to make money. It is wrong to make money from someone else's work while making sure they can't even benefit from it. Sadly, this is what a typical company wishes: that way their competitors cannot benefit, and their users are locked.

    The politics exist because although humans tend to be nice and cooperative, corporations behave like non-iterated-game-theoretical optimal entities (good ones, anyway). And such are Not Nice (TM).

  452. Re:GPL is the problem by king+neckbeard · · Score: 1

    Only, if those downstream derivatives are distributed, in which case the derivative is taking freedom from end users if the code were proprietary. I have some customized versions of userscripts on my personal computers which are GPL, specifically v3 iirc. However, they only exist in that form on my personal computer, and nobody can have them except me. This is completely in line with the GPL, and the FSF actually considers licenses that don't allow personal or internal versions of software to remain private to be non-free.

    --
    This is my signature. There are many like it, but this one is mine.
  453. Re:GPL is the problem by SomeKDEUser · · Score: 1

    Yes, but if you wanted to use the code, and make sure people could not use your contributions -- which you intend to distribute? Then the GPL is bad ;)

    Basically, the GPL forbids you from benefiting from someone else's work if you are not contributing symmetrically. That people try to make the _moral_ point that this is bad boggles the mind. It is like whining because people don't let you steal from stores -- which is clearly unfair as all the items are on display.

  454. Re:GPL is the problem by jbolden · · Score: 1

    Reread my comment. Those were moves made during the 1997-2004 period when Apple was having a rough time. They were wonderful for open source. They did close Darwin for example.

  455. Re:GPL is the problem by Rakarra · · Score: 2

    GPL is not really "free" software.

    The GPL is all about freedom. However, it is concerned about the absolute freedom of the software, not the user or developer. It's aimed to ensure that all versions of the software remain completely free, regardless of what others might wish to do with it.

  456. Re:GPL is the problem by nemasu · · Score: 1

    My bad, I thought he replied to GP, oops.

    --
    I made an app! Shoutium
  457. Re:GPL is the problem by gutnor · · Score: 1
    Isn't that precisely the point of civilisation ? Restricting individual liberty for the greater good of all ? You get rights in exchange of fulfilling your civic duties. If you want to call being forced to follow the law at gun point "liberty",that is indeed a bit weird.

    Now, being an average nerd just out of his mother basement, I appreciate the deal and I certainly have a lot more freedom than if I had to fend for myself. For the same reason, I can also appreciate the GPLv3 - it does a lot from the free availability of software, and protect my work strongly and effectively - but it does it in a fashion that has more in common with Apple walled garden than what can be called Freedom (i.e. unlicensed).

  458. Re:GPL is the problem by oopsdude · · Score: 1

    How did they take your "free software"? Isn't that still available? People here like to point out that you can't steal bits, so the bits of your "free software" must still be in your possession.

    The GP never said anyone "took" his software. He said that when

    someone else comes along and entangles it with their own proprietary software and adds their own restrictions, then the part that is my contribution is no longer free.

    Go back and read the post you're replying to, unless your intent is to attack your own strawman.

  459. Re:GPL is the problem by log0n · · Score: 1

    The GPL was never about freedom, it's always been about keeping things open.

  460. Re:GPL is the problem by Rakarra · · Score: 2

    On a good day, Microsoft is perhaps the most closed of them all. On a bad day, they are, IMHO

    Microsoft has nothing, nothing on the closed nature of the iPads.

    So many in the industry are trumpeting the iPad as being the future of computing -- I can't think of any Microsoft-involved scenario that would be worse than that, sad to say.

  461. Re:GPL is the problem by drakaan · · Score: 1

    ...Unfortunately, any OS vendor that wants to deploy Samba cannot require that it be signed by a proper, valid code signing cert because those cost money, and would represent an additional restriction on the end user's ability to recompile Samba and run the new version. This makes the GPLv3 fundamentally antithetical to proper security as written, at least by my reading. And I'm not the only one who interprets it this way...

    You're also not the only one who's patently wrong on that point.

    The restrictions on code in GPLV2 or V3 don't prevent a downstream user from creating a signed binary. What they *do* is prevent the downstream user from creating a signed binary without also providing the source code for said binary. The signature is completely aside from the compilation. All the signature says is "I started with some code, ran it through some other code, and it gave me this third code". None of that relates to the freedom of the initial code.

    What GPLv3 *does* do is prevent downstream users from modifying source code, forcing it to rely on other proprietary, unavailable software or hardware in order to function, and only distributing the non-proprietary bits in source-code form. Signing software doesn't do that (or at least doesn't have to, any more than an MD5 hash does).

    Let's say I build a signed copy of Samba and pony up the cash myself to buy a "real" cert. I make use of it on my NAS appliance, and make the source code for what I built along with any modifications available for download. Does that mean nobody gets the benefit of the changes I made? No. It just means that they don't get to leverage the marketing power of the signed blob I paid for, *based on* that source code. They can build their own signed blob, or not bother with it and just point out to people that the MD5 hashes on the source code are the same.

    There may well be internal reasons inside Apple that make them not want to use GPL-licensed software (hello app store), but saying the GPL is anti-security is just not right.

    --
    "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  462. Re:GPL is the problem by log0n · · Score: 1

    Perhaps not wordy enough.. the freedom of GPL is such that you are always entitled to it, not that you are free to do whatever you want with it. Stallman's whole thing is about avoiding proprietary lock-in.

    People have wrongly ascribed complete freedom to the GPL license when it really shouldn't be.

  463. Re:GPL is the problem by gnud · · Score: 1

    The simple way would be to generate a "private" developer certificate to go with every phone.
    Whooo, GPL3 problem solved.

  464. Re:GPL is the problem by judeancodersfront · · Score: 1

    How is Apple taking freedom from me by not showing me their changes to FreeBSD code? The original FreeBSD code is there for me to see and there is no way that Apple would have used GPL code. There is no net loss.

  465. Re:GPL is the problem by PhilHibbs · · Score: 1

    If someone uses your code, they have not deprived you of the original code or indeed truly stolen anything of value.

    You have reduced the freedoms that I want to give to the users of my software - there are people now using my software that are not free to fix it if it breaks. That's how this all started, Stallman wanted to fix the software that made a printer work, and he couldn't fix it.

    However, you chose to make it freely available.

    No, I chose to release it with limitations that prevent someone from reducing the amount of freedom that applies to use of my software.

    GPL is saying if you want to use my code, then I have to be able to use your code.

    Close, but not quite, it says that the users of your version have to have the same freedom that I gave you. You are under no obligation to give me your software, or even to let me know that it exists. One of your users might give me a copy, you can't stop that, but you don't have to.

  466. Re:GPL is the problem by Nethemas+the+Great · · Score: 1

    Which I cannot provide because I just gave away $10M worth of my company's R & D budget when I was forced to release the source to my product.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  467. Re:GPL is the problem by postbigbang · · Score: 1

    The iPad isn't OS X, it's iOS. There's a small difference, sure, but it's a derivative. Is it as closed as WM7? No. It's compromised in my judgment, but for its target market, it's doing very, very well. I'm not its target market. You probably aren't, either. Is it more open than Windows 7 Tablet Edition? I think not. More open than Android Honeycomb? No.

    --
    ---- Teach Peace. It's Cheaper Than War.
  468. Re:Windows 7 may be the issue - GPLv3 is speculati by zonky · · Score: 1

    Er... people are not going to use OSX as samba domain controllers. This is an non-issue.

  469. Re:GPL is the problem by PhilHibbs · · Score: 1

    People here like to point out that you can't steal bits, so the bits of your "free software" must still be in your possession.

    I never said it wasn't. And I don't generally download warez or pirate music, although I won't claim to be 100% innocent. I believe that copyright has a valid place in society, and one useful application of copyright is the GPL, it allows me to release software with restrictions that ensure that the end user has the freedom to fix and modify my software. That some middle-man does not have the freedom to hobble it and pass it on to end users in a restricted form is the intention of the GPL. I don't care about the middle-man, I care about the user.

  470. Re:GPL is the problem by Jicehix · · Score: 1

    Hell, we need more words.

    --
    Jicehix
  471. Re:GPL is the problem by king+neckbeard · · Score: 1

    The source code isn't that big of a concern for me and not giving out source code is more of a rude thing than an inhibition of freedom IMO, but they are restricting your use of the code they wrote by preventing redistribution and modification. If you have a copy of OS X and the means to share that copy, you would be able to do so absent the legal restrictions of copyright. Copyright takes freedom from you.

    --
    This is my signature. There are many like it, but this one is mine.
  472. Re:GPL is the problem by huzur79 · · Score: 1

    spoken like a true cult follower. Keep up the good work for grand master Stallman.

  473. Re:GPL is the problem by Duradin · · Score: 1

    Unless someone made his bits unavailable then his version is still available, so his contribution is still available right alongside the proprietary entangled version.

  474. Re:GPL is the problem by Bert64 · · Score: 1

    Society takes away some of your freedoms (such as the freedom to take what you want and kill people) in exchange for giving everyone a reasonable set of freedoms...

    If you had a system where you gave people complete freedom, then a small number of people would abuse that system to sieze power and thus remove those freedoms from everyone else, ie an anarchy would quickly degenerate into war followed by an oppressive dictatorship.

    The GPL works like society, it restricts *some* freedoms in order to protect many more.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  475. Re:GPL is the problem by judeancodersfront · · Score: 1

    I don't consider it anymore rude than a neighbor not wanting me to inspect their their backyard. It's not my business. Stallman can declare a right to inspect code or backyards but I don't have to recognize it.

    As for copyright it allows software to be written with a business model that is far more successful than anything the open source world has to offer. Preventing duplication allows the software company to recoup R&D. The GPL itself makes use of copyright

  476. Re:GPL is the problem by JesseMcDonald · · Score: 1

    no rulers != no rules

    It's a common mistake, but a state of anarchy does not require the absence of laws—only the absence of rulers. An anarchic society can still value and enforce a prohibition against murder, for example. Most non-pacifist models of anarchic society take the Non-Aggression Principle as a given, in some form, although they often disagree about the details—such as whether 'aggression' extends to one's property, in addition to one's person.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  477. Re:GPL is the problem by dgatwood · · Score: 1

    Along with the OCSP infrastructure, plus the additional manpower and infrastructure to provide a way for users to generate a new cert for their signing key every couple of years.

    A crypto key is free to generate. Certs are not, and without a cert, a bare crypto key provides no additional security.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  478. Re:GPL is the *SOLUTION* by ron_ivi · · Score: 1

    GPL is why Linux won over all the BSD's long ago (or so netcraft confirms).

    Recall SunOS and Ultrix?

    They were far far ahead of Linux at one point.

    Because the BSD license didn't require them to share back, it was easy for those using them not to share back; and as a result Linux improved faster. Same will happen to Apple. It's wonderful for them now that they're very profitable and can hire whomever they need --- just as it was for Sun. But if Apple ever struggles and their recruiters can't attract whichever developers they want; they'll stall like all the other proprietary BSD forks did.

  479. Re:GPL is the problem by ToasterMonkey · · Score: 1

    So long as you pass on to your customers the benefits that you gained by adopting GPL'd software, no problem. They can use it. If you want to pass on a version with additional restrictions on what they can do with the software, then no, you can't do that. And that's the entire point of the GPL. Is it so hard to understand?

    Let me get this straight, I take your free crap and make it better and want to sell THAT. My customer is free to go get YOUR unchanged crap at their leisure. I have an incentive to make mine better. You want me to be forced to give away my improved version of your work, which gives me no incentive to improve on it in the first place (for people other than myself).

    To be clear, in both models everyone is looking out for themselves. The difference is in one, we trade money for features other people want. In the other, we trade features WE as developers want.

    Which do you think serves the public best?

  480. Re:GPL is the problem by tomhudson · · Score: 1

    We could say the same about Windows. "Windows licensing terms prevent commercialization, because I have to PAY to use the stuff, and I don't want to abide by those licensing terms."

    Same thing with Apple."Apple's licensing terms prevent commercialization, because I have to PAY to use the stuff and do a whole bunch more, and I don't want to abide by those licensing terms just to try to get an App published."

    It's not the GPL preventing Apple from using the software, but Apple's particular business model. See the difference?

  481. Re:GPL is the problem by king+neckbeard · · Score: 1
    Again, I'm not saying that there is a right to source code, I'm just saying that not making source code available for software that is distributed is rude IMO. I also consider not giving attribution to an author to be rude. Others may have differing opinions, but that is what I personally hold. I don't really care for the law enforcing either of those, and would prefer to rely on the social mechanisms that curb other rude behavior.

    As for copyright it allows software to be written with a business model that is far more successful than anything the open source world has to offer. Preventing duplication allows the software company to recoup R&D. The GPL itself makes use of copyright

    I won't disagree that it does allow for a more successful business model (we would not have a software company as large as Microsoft without copyright), but a good business model is not what copyright is intended for. Copyright is supposed to provide an incentive to authors to write and publish more, hopefully outweighing the social costs of limited term monopolies. In that respect, copyright appears to have been an utter failure. Now, the GPL does make use of copyright, but absent typical usage of copyright, there would probably be little to no need for the GPL in the first place.

    --
    This is my signature. There are many like it, but this one is mine.
  482. Re:GPL is the problem by owlstead · · Score: 1

    "(For those who have no idea what I'm talking about, note that most GPL'd software is available from the authors with other licenses."

    Actually, that's news to me. Samba is just one of a very long list of GPL software that I would not know how to buy.

  483. What about reinventing the wheel? by Anonymous Coward · · Score: 0

    It seems like it's taken the folks over and Samba many years to get a level of compatibility and stability out of their product (what, with MS changing things on purpose all the time and all).

    How is Apple going to fair in that regard? It seems like they just opened pandora's box...attempting compatibility with SMB or CIFS seems like a pretty huge undertaking.

  484. Re:GPL 3 does not prevent commercial use. Yo! by Kludge · · Score: 1, Informative

    the GPL has the practical effect of ruining any mechanism for monetizing the software.

    That is completely untrue. Red Hat is a successful commercial enterprise that uses mostly GPL software.
    It would be even easier for Apple to make money on Samba because 99.9% of their users don't know how to download, compile, and configure Samba for their devices. 99% of them probably wouldn't even know it was an option: No one reads the fine print.

    You can only "sell" a GPL'd piece of software if you are the author,

    Untrue. You can sell GPL software as much as you want. You just have to make sure the source is also available.

    Apple Corp is just a bunch of assholes who do not want to contribute to open source software.

  485. Re:GPL is the problem by icebraining · · Score: 1

    No. We have such laws to protect others' right to live.

    Rights are liberties. There is a distinction, but my statement isn't wrong.

    Having the source code to a computer program, or ensuring that others do, is not, in any sense, a human right.

    Ensuring that others have access to the source code of all derivatives of your program is a human (legal) right, yes, through copyright. Whether it should be a right or not is arguable.

    Reading through your comment history (to better understand your point), I see you probably mean a natural right. Well, I'm skeptical about the existence of such rights, so I can't discuss it.

  486. Re:GPL is the problem by owlstead · · Score: 1

    I'm only with you on that for the LGPL actually. Since the GPL is indeed, rather viral. Most software is components nowadays, and GPL binds both the component and the application that uses the component. That's the part where freedom breaks down. Within my company I'm striving to give some more back to open source software, but that will never be GPL'ed software since we will never agree to fully open up a large product just because we want to be using a tiny GPL'ed library or program.

  487. Lesser GPL vs. Ordinary GPL by Coolhand2120 · · Score: 0

    There are two GPL licenses and they are both copyleft licenses. There is the ordinary and there is the lesser. The lesser GPL (LGPL from here on in) is used on software you want to allow people to recompile/include in their own closed source works they can then resell without the consent of the copyright holder.

    On the other hand, the ordinary GPL states that you cannot include the work in closed source works, only other open source works. With both, if you attempt to branch the work, the new work will still be covered by the license used to create the original work.

    So to sum it up:
    LGPL -> can be used in new closed source products and resold. For example AForge, an imaging framework, uses a LGPL.
    GPL -> can only be used in other GPL style licensed products. For example Quake3 source. You cannot use (compile) this in a closed source project.


    The FSF wants you to use the GPL to force more people to write open source software. I'm all for that.

    From gnu.org:
    http://www.gnu.org/licenses/gpl-faq.html#WhySomeGPLAndNotLGPL:

    IMHO Apple is an enemy to open source software. They will drink from the open source font, but when it comes to opening their own software forget it. They hijack FreeBSD and turn it into an abomination of closed source commercialism, flying in the face of everything the copyleft license stands for. That's why instead of just switching their whole operation to open source ordinary GPL they scurry away and remove ordinary GPL software and scour the internet for other LGPL suckers they can suck the life out of to pad their own pockets.

    Apple, stop it with the free ride, it took millions of man hours that you didn't pay for to build the software you so arrogantly call OSX. I love the prorogation of FOSS but I hate the way Apple treats everyone. Customers, fans, foes, they are all scum to Apple, to be used and discarded when they become a liability, Samba in this case, but there are many more. If Apple were any friend of open source they would not just use open source, they would be open source and license their software using the GPL.

    1. Re:Lesser GPL vs. Ordinary GPL by aristotle-dude · · Score: 1

      Apple is the enemy of open source? Really? Is that why they decided to fork KHTML as Webkit instead of rolling their own? Really? Is that way they open sourced their streaming server? Is that why they contributed to dozens of open source projects over the years? Do you hate webkit which powers WebOS and the majority of browsers on mobile devices? Are you that myopic that you cannot see the forest for the trees?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  488. And remember... by Anonymous Coward · · Score: 0

    Apple is so damned good at writing networking software ...

  489. Re:GPL is the problem by betterunixthanunix · · Score: 1

    iPhone and friends do provide a way to import a signing certificate. It just costs money to obtain the certs because the infrastructure needed to support those certs costs money.

    ...and there is some reason that only Apple's PKI is allowed on these devices? Is there a good reason why knowledgeable users should not be allowed to use a different PKI? Void the warranty if you choose to live outside of Apple's system; nothing wrong with that.

    Therefore, the GPL effectively prevents any useful implementation of code signing.

    Interesting conclusion you draw there. The GPLv3 only requires you to leave users with the option of living outside of a tightly controlled environment -- essentially, there needs to be some way for users to be able to run their own code. You only have to provide that option upon request; you do not have to make it as easy as "push this button to disable the signature check!" You can warn users that by importing a third party certificate, they are taking a risk with their security. Security and code signing is not equivalent to, "only Apple gets to sign code."

    somebody is going to find a way to throw that switch without the user's knowledge.

    Not if the switch requires the user to go to an Apple store in person. The switch does not need to be available in software, and even if it is, if prior to throwing the switch the user cannot run unsigned code, it is substantially hard for the attacker to activate it.

    I've thought about this a lot, and I really don't see a better way that retains even a modicum of security from code signing.

    Apparently your mode of thought treats all of Apple's customers as if they were all part of one big organization, with Apple acting as the IT department for that organization. This is a skewed view of the world; Apple's customers are not one big family, and Apple is not acting out of a desire to best serve their customers' collective interests.

    Either way, the point is that it isn't a case of wanting control for control's sake, but rather wanting control to prevent harm to the users.

    No, it is a case of control for profit's sake. Apple wants to get a cut of any money that anyone makes selling software for the iPad; they are not content to just make money selling iPads. This is not the first time we have seen this view of computing; it has been the standard for video game consoles for many years. As far back as the 1960s, companies were talking about computation as a utility, planning systems where users would be billing by the CPU-minute and the megabyte of RAM; that was not control for control's sake either, it was control for the sake of profit.

    I realize that the notion of absolute freedom meaning absolute anarchy seems like a good idea to some folks, but most folks would prefer at least some limits to protect them from harm.

    Which is exactly why importing a third part certificate, or running unsigned code, should be something that is optional and only made available to those users who ask for it. Security does not have to be draconian; Linux distros have been signing their packages for a long time, and there are plenty of users who just stick to their distro's official repositories and never import other certificates or run unsigned code. There is no reason why Apple could not follow a similar approach: sign all code, but allow users to opt out of the security that signing provides. Like I said, it would be perfectly reasonable to require people to show up at the Apple store, have someone warn them about security, agree to void their warranty, and have their tablet unlocked or enable some third party certificate.

    --
    Palm trees and 8
  490. Re:GPL is the problem by jbolden · · Score: 1

    That's not the case at all. They are fully comptable, and the conjoined work becomes GPLv3. The GPLv3 is actually more compatible with other licenses than the GPLv2.

    http://www.gnu.org/licenses/quick-guide-gplv3-compatibility.png

  491. Re:GPL is the problem by edt12345 · · Score: 1

    This is about goals. It appears to me that the advocates of GPLv3 were willing to reduce the proliferation of software using this license to achieve some new level of "purity". Sadly, they were either unaware or uncaring about the concerns of some people who might want to improve that software and this is now resulting in developers abandoning formerly useful software like Samba.

    From my perspective as a developer, GPLv3 practically eliminates my desire and ability to use software under this license. It is too bad, because this encourages the creation of closed software where the user does not get any rights.

    Nice going, FSF, you are succeeding in your efforts at "purity", while slowing killing the implementation of the very ideas you espouse.

  492. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Yeah, like anyone's using Macs anymore. Might as well worry about Amiga not supporting USB.

  493. Re:GPL is the problem by gnud · · Score: 1

    My idea was to give every user a CA cert that was trusted on THEIR device, and none other. No need for any OCSP, only user-compiled source would run without being signed by Apple, and it would only run on their own device.

  494. Yes it is the way. by Anonymous Coward · · Score: 0

    The necessity to jail break things you bought and paid for in order to use them is the main new thing prevented by gpl3. No tivoization, no locked handsets, etc.

    Companies are complying with the letter of gpl2-- they will provide the source to i.e., the kernel, but the owners of the devices are still restricted from freely using the hardware they bought and paid for, by these companies requiring things like signed kernels to boot.

  495. Re:GPL is the problem by jbolden · · Score: 1

    I think that by now we've accumulated enough Real World evidence about how the GPL has utterly failed in its lofty goals of virally forcing everyone to merge code with the FSF and other projects.

    I don't see that. I see steady progress for the GPL. When the GPL came out in 1984 virtually all free software was under MIT/BSD style licenses. It wasn't until 1990 that there was a core of support around the GPL at all. Linus was part of that core and his Minix replacement kernel was a definite second fiddle to the Free386 BSD kernel. There were a few tools available in 1990.

    By 1995 you had the LAMP stack and that was GPLed. GCC was GPLed.
    By 2000 you had the creation of a GPLed desktop environment (KDE).
    Today you have JBOSS, MySQL, and many of the crucial components of operating systems under the GPL.

    Where do you see failure. As for Linux not in other areas your first example was financial: http://www.cyberciti.biz/tips/new-york-stock-exchange-moves-to-linux.html

  496. Re:GPL is the problem by man_of_mr_e · · Score: 1

    The GPL requires that whoever you give the code to - in source or binary form - is just as free to use the code as you were.

    That's a false argument. If i got the code from the author, then you're free to get the code from the author. If I make changes to the code, then those changes are MY code, not the original authors. You're free to get the original code from the original author and make your own changes, just as I was.

    In this day of the internet, the "distribute code with binary" argument is really lame.

    All the viral part of the GPL does is extract a form of reciprocation. It's not about freedom, it's about payback.

  497. Total Freedom For All is paradoxical by presidenteloco · · Score: 2

    Because total freedom includes the freedom to deny freedom to others.

    Total freedom is equivalent to some kind of combination of anarchy and libertarian anarcho-capitalism.

    It ends up being pretty oppressive for the non-swift or non-bold or non-ruthless.

    So some systems, like GPL, which are trying to promote the "most amount of freedom for the
    most people" have to have some consitutional rules to guard that overall fair state.

    In a way it's analogous to a market. Many are advocates of a "free market",
    but of course a free market cannot function without rules (against insider trading, against hacking the trading system,
    against fraudulent financial statements or prospectuses) and punishments for violating the rules,
    so again, not totally free. But seems to work. That's the key. A level of freedom designed carefully to
    conserve the most amount of freedom for the largest number of people and to have it continue to work
    despite people trying to game and corrupt the system.

    Clever if you ask me, and laudable.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Total Freedom For All is paradoxical by diamondmagic · · Score: 1

      While this is on the right track it's misleading... Freedom is the ability to not be artificially constrained. If you are talking about mutually restraining our ability to limit each other's freedom then yes, the choice to do so isn't legitimate, but such a limitation isn't a restriction of freedom. If "freedom" is really impossible why do we have the word? Clearly you're not using the common definition of freedom, and you need to differentiate freedom from liberty.

      Free market is a bad example, by definition there is no force in a free market, or at least all use of force is punished in a system with rule of law. For instance there's nothing inherently wrong against insider trading (except the fact that some people couldn't stand it if someone used information available to them to make a better decision!). This is distinct from coercion -- Violent force, theft and fraud (which is really just a specific type of theft), which by definition does not exist in a free market.

      What we need is a liberal software license - think "liberal" as in "liberty". The BSD gets close, maybe http://unlicense.org/ though it's unclear if people could re-copyright the software after modifying it (since it's a public domain notice and not a license as such).

    2. Re:Total Freedom For All is paradoxical by node+3 · · Score: 1

      I don't necessarily disagree with anything you wrote, but I wonder what this has to do with whether the GPL is dictatorial.

    3. Re:Total Freedom For All is paradoxical by presidenteloco · · Score: 1

      It has to do with whether the rules imposed in the GPL are arguably necessary.

      The thing that many people seem to forget is that using GPL software in the construction of your software or extensions is entirely voluntary
      (even if extremely valuable). You could always opt to write a whole alternate eco-system of software and give it whatever license you want.
      That's liberty. If you use GPL software, you are voluntarily becoming a citizen of the "GPL State" with its benefits (the existing GPL codebase
      in its totality, and, some would argue, the license's protections.) Of course as a citizen you have to abide by the rules.

      The other thing about the "GPL state" is you're allowed to leave it and move to or form your own state at any time, unlike a typical totalitarian regime.
      You just can't take the buildings and cities with you when you leave, though you can use them as general inspiration to build your own.

      Enough with the drum-tight (stetched) analogies already.

      --

      Where are we going and why are we in a handbasket?
  498. Re:GPL is the problem by Anonymous Coward · · Score: 0

    GPL is bad.

    Bullshit.

    Well some of the biggest commercial supporters are abandoning projects like gcc because of it.

  499. Re:GPL is the problem by exomondo · · Score: 1

    GPL is bad.

    Bullshit.

    Bullshit. BSD license is much more free than GPL.

    Bullshit. Freedom that gives the right to lock out the next person is not automatically more about freedom than freedom that protects also the next persons freedom.

    But you aren't 'locking out' the 'next person', the code is free and is free to be used however anyone wants, no-one can come along and lock anyone out of using that code. You have the freedom to take it and use it however you want, that does not impact anyone elses freedom to use that code.

  500. GPLv3 doesn't prevent you by DrYak · · Score: 1

    Im a End user and I cant use open source software on my preferred device despite the fact the code is accessible and free for all to see.

    As an end user GPLv3 doesn't stop you to use the software on whichever device you choose.
    GPL (all versions) are copyright license. They only kick in when *distributing* code, not using it. Copyright law says you can't copy without proper license, GPL explain what you need to do to obtain the right to copy (give the code with the same freedom as you received it).

    You can run GPL code on any device you choose. Including on Macs running OSX, including on iPhones running iOS, including linux powered toasters. If you can't currently run it on a non-jailbroken iDevice, this is due to the limitations that Apple puts on you.

    You'll still be able to use Samba on Mac OS X Lion and even on future versions, as long as Apple doesn't introduce some limitations that prevent you from running arbitrary applications. You could also run Samba on your iPhone / iPod / iPad, but that will require you to either pay for the developer's kit (so you can compile, sign and upload your own code) or jail-breaking the device (so you can run unsigned code).

    Apple is not interested in using Samba in iDevice, not because the GPLv3 forbids them to per se (there's no "Apple is forbiden to use this" clause), but because the whole concept behind GPL is to always ensure that the end user has the freedom to hack this code, and apple doesn't want it. Apple want to control what runs on a device, and keep it locked behind signing keys. GPLv3 would require them to hand out said keys.
    That's why they prefer BSD type licensing. BSD allows them to get the code, but allows them to limit the freedom of end users and stop the end-user from doing what they want. They use chunks of FreeBSD code into OS-X and iOS. Code that they got for free. But they can lock this code on iDevice and prevent you, the end user to further modify it. Apple want to have the lunch and eat it too.

    So if you look at the details, it's all Apple's fault because :
    - They don't want users to do what they want. They block it with DRM.
    - GPL licenses are designed with the purpose to always let the users do what they want (as long as this freedom is passed to the next in the copy-chain)
    - Apple prefers no to use GPL code because it interferes with their intentions of limiting the freedom of the end user.

    Is the point of the GPL to protect and share knowledge (code) or to force every one to operate under Richard Stallmans vision. GPL v3 is political. GPLv2 was about the code.

    The point of the GPL, the whole point of the GPL, is to make sure that anyone can do whatever he/she wants with GPLed code, as long as this freedom is passed on to the next in chain. There's no intent to protect anything, just intent to be sure that anyone gets the same right to play with the stuff. Every single end user out there should always be able to hack the code, if wanted. Nobody should prevent this and restrict this freedom from the end-user.

    GPL makes sure that all get the same freedom.
    GPLv2 makes sure that all get the same freedom, even if a company uses patents while still distributing the source code as required by GPLv1
    GPLv3 makes sure that all get the same freedom, even if a company uses DRM while still distributing the source code as required by GPLv2.

    GPLv3 didn't introduce anything political.
    It's just the hardware vendors finding new way to abid to the letter of the GPL (and provide a copy of the source to the end user), while at the same time finding new ways to circumvent the spirit of the license (GPL is about letting the end users do what he/she want, but the manufacturer finds a way to prevent it).
    The latest invention of manufacturer is DRM. You get the code, but you can't do what you want with it, because if you want to modify it, you must sign it before uploading it (as the device doesn't run non-signed code) and you don't have t

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:GPLv3 doesn't prevent you by huzur79 · · Score: 2

      How can you say it does not when it clearly does. Can I get GPL v3 Software for my iphone. NO I cant. Its not compatible with the distribution method. So yes that clause does affect me the end user. Good open source software is not on the App store or not for long because of this. Even though the code is free for all to use the distrbution method isn't compatable. Its political because the claws was put in to force a ideology upon every one about distribution methods, and so forth. So my right to enjoy the hard work and efforts of many is gone from that one clause

    2. Re:GPLv3 doesn't prevent you by huzur79 · · Score: 1

      "As an end user GPLv3 doesn't stop you to use the software on whichever device you choose." Device of Choice is iPhone, mostly because of the lock down nature of the device. so YES it does. "give the code with the same freedom as you received it" App's do they provide the code in the App itself or online with a link to download. Access to the code is not limited. "If you can't currently run it on a non-jailbroken iDevice, this is due to the limitations that Apple puts on you." I can currently run it on non-jailbroken iDevices until Stallman Nazi's get the Apps pulled over GPL v3 , this is not a limitation from Apple this is a limitation on GPL v3 and the Stallman Nazi's. "concept behind GPL is to always ensure that the end user has the freedom to hack this code, and apple doesn't want it." But people can still hack the code because developers that released open source Apps included the code or link to the code. If Apple didn't want it they wouldn't allow even that. They don't block it at all so nope sorry not Apple, again it comes down to GPL. "So if you look at the details, it's all Apple's fault because : - They don't want users to do what they want. They block it with DRM. - GPL licenses are designed with the purpose to always let the users do what they want (as long as this freedom is passed to the next in the copy-chain) - Apple prefers no to use GPL code because it interferes with their intentions of limiting the freedom of the end user." Heres my take on it, its not Apples fault but GPL v3 Fault - The device is a appliance, some users choose it because its designed around DRM and safety, a walled garden - GPL licenses are designed to make sure the freedom of the code remains intact which it does even if the delivery system is DRM. As long as the developer provides the code I don't see what the problem is and what is limited. - Apple prefers not to use GPL because off the BS around it, nothing to do with intentions ot limiting freedoms. GPL is just waste deep of problems so rightly so they avoid it just like me as a end user I avoid it. Last I gotta call the BS out on this one "The latest invention of manufacturer is DRM. You get the code, but you can't do what you want with it, because if you want to modify it, you must sign it before uploading it (as the device doesn't run non-signed code) and you don't have the key. You got the code, but this code is useless" So what, i can give you a CD with code but unless you aquire a computer its useless. I can write you some code on paper but unless you got a computer to use the code its useless. Its no different then having to sign up for a system that helps keep the system secure. By your backwards logic, no code is free because of the associated cost of Computer Hardware and electricity that allows you to use the code.

    3. Re:GPLv3 doesn't prevent you by mikechant · · Score: 1

      You keep repeating this stuff, it doesn't get any more true. *APPLE* is preventing you via its locked-down platform from installing the software you want. Proof that it's *not* the GPL that's the issue is that Apple disallows all sorts of non-GPL software from the App store for all sorts of reasons. I expect you still blame the GPL for that as well?

      Oh, and by the way, you don't have the "right to enjoy the hard work and efforts of many" on *your* terms - it's *their* software and *they* have the right to set the distribution terms.

    4. Re:GPLv3 doesn't prevent you by mikechant · · Score: 1

      I can currently run it on non-jailbroken iDevices until Stallman Nazi's get the Apps pulled over GPL v3 , this is not a limitation from Apple this is a limitation on GPL v3 and the Stallman Nazi's. "concept behind GPL is to always ensure that the end user has the freedom to hack this code, and apple doesn't want it."

      Now you're just losing it completely. Where are "Stallman's Nazis" going to get it 'pulled from'? If you've jailbroken the whole point is you can put any software from anywhere on it, you're no longer confined to Apple's walled garden app store. "Stallman's Nazis" have no way to know where or how you are using the software (and no interest in this legally or otherwise since you are *using* not *distributing*.).
      Also, you seem to be completely ignorant of the fact that licensing under GPL 3 does not give Stallman or the FSF *any* standing to take *any* legal action relating to this software unless the copyright had been assigned to the FSF, which it has *not* been in this case.

      And no matter how often you repeat this stuff, you can't escape from the fact that Apple bans many non-GPL apps from the app store for many reasons, often totally arbitrary, so Apple is the real limit on your freedom, not the GPL.

      The rest of your comment is a bit incoherent but seems to be saying that actively trying to prevent you from running modified code is exactly the same as not facilitating it (by providing hardware etc.). You should try to understand that asserting that two different but related concepts are exactly the same does not make it so.

  501. Re:GPL is the problem by exomondo · · Score: 1

    The GPL(3) is functioning just as it was designed, to limit commercial use of code.

    No, it's limiting the lock down of otherwise Free Software. That it exposes corporations for being control freaks unwilling to respect end-user freedom is simply a benefit.

    I don't disagree with you, that is absolutely the purpose of it. But if enough of the end-users actually cared about it then wouldn't a company that purposely doesn't do such things flourish?

  502. Re:GPL is the problem by Rakarra · · Score: 1

    allows possible security holes

    What?

    Security holes for the company, not necessarily the user of the device.

    IE, if the user is able to modify the code running on his device, it takes control of that device out of the realm of control of that company. They would see that as a security hole.

  503. Re:GPL is the problem by Rakarra · · Score: 1

    They contributed code to the Samba project with the understanding it would be distributed under the GPL2

    Well they made a faulty assumption unless we can see where the Samba development team officially said "we are not moving the GPLv3 at any point in the future."

  504. Re:GPL is the problem by patiodragon · · Score: 1

    "...it is concerned about the absolute freedom of the software, not the user or developer."

    If that is what it means, y'all need a better way of saying it. Say what you mean and mean what you say.

    "Information" (e.g. software) does not have wants and desires. It is confusing as hell to keep saying "Information wants..." or "freedom of the software". I have no idea WTF that means and I don't think everybody interprets it the same way as you. So as far as a communication goes, it is an epic fail.

  505. Re:GPL is the problem by Jeremy+Allison+-+Sam · · Score: 1

    Samba has always been GPLvXX-or-later licensed. Everyone who contributes is aware of this fact. Currently we're v3-or-later. Who knows if there'll ever be a v4, but if there is we'd have no problems moving to it as it's already implicit in all code contributions.

    Jeremy.

  506. Re:GPL is the *SOLUTION* by laffer1 · · Score: 1

    You're wrong. The big 3 BSD projects all innovate and improve. The only reason we're behind is that linux got a head start due to the UCB lawsuit years ago. Think about how many people work on the linux kernel and how many times they have to rewrite things because they rushed into something without thinking it out. Linus does a good job, but other people screw things up a lot. BSD projects are usually much more mature. They have older developers. They like software engineering.

    I'll give you that my project is not going that fast and a few of the other smaller BSDs, but trying to say that FreeBSD or NetBSD is slow is just insane. They don't target the same things as the Linux community.

    Apple will drop OS X for iOS at some point. It's inevitable. The question is will MidnightBSD, PC-BSD, GhostBSD or some other desktop focused BSD catch up to Linux or Mac OS at some point and get competative. I don't know.

  507. Re:GPL is the problem by exomondo · · Score: 1

    The GPL license is free as in liberty.

    No it isn't. Liberty is about being able to govern yourself and act according to your own free will, the fact that the GPL imposes any kind of restrictions whatsoever is a direct contradiction to the idea of liberty.

  508. Re:GPL is the problem by mysidia · · Score: 1

    They may accept tablets being limited but already their is a bit of a backlash. No way will it be accepted on computers.

    Don't you see what will happen?

    Computers will go away. Tablets will eventually be all there is from Apple, perhaps.

    They'll make at first an iMac that you can pick up and use as a tablet.

    E.g. Keyboard and mouse are already wireless.

    Just unplug the charging cable and take it out of its stand, and it's automatically an iPad, fully locked down as all their tablets are.

    Plug it back in and it'll be a full blown Mac again.

    Maybe that's it for now.... but eventually, the full blown OS and the Tablet OS become one and the same (gradually), fully locked down.

    The GPLv3 conflicts with this strategy, so git rid of all GPLv3 software ASAP to ensure the userbase breaks their attachment with it... by the time anyone realizes what's going on, it will be too late.

  509. Re:GPL is the problem by synthespian · · Score: 1

    ...You mean, like, IBM ?! You mean Red Hat (stocks up this week, all thanks to their proprietary per-seat licennsing, just like *all* the other players...)

    Geez, seriously delusional...Get some info in your brain.

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
  510. Re:GPL is the problem by mysidia · · Score: 1

    That's not the case at all. They are fully comptable, and the conjoined work becomes GPLv3.

    FALSE. If you did the research, and read the licenses, or at least the FAQ, you would learn something:

    Q: Is GPLv3 compatible with GPLv2?
    A: No. Some of the requirements in GPLv3, such as the requirement to provide Installation Information, do not exist in GPLv2. As a result, the licenses are not compatible: if you tried to combine code released under both these licenses, you would violate section 6 of GPLv2.

    The ONLY exception is if the author included a statement in the source code that allows you to distribute their code under any future version of the GPL (which they sometimes do), but that would not be because the licenses were compatible -- that would be because the author gave the FSF a blank check to offer new licenses that may be used with the code.

  511. Re:GPL is the problem by Belial6 · · Score: 1

    Your using the "Your not free if you are not fee to own slaves." argument. It is a BS argument. All things have restrictions. GPLv3 is a communist sort of freedom. (each to their need, each to their ability) BSD is more like sociopath freedom. Freedom for me, but I don't give a crap about you unless it benefits me.

    So, line up people... Are you a GPL communist or a BSD sociopath?

  512. Re:GPL is the problem by WNight · · Score: 1

    They were making it harder for users of software to edit it. That's not "Evil" but it's not helpful so there's no reason to help Apple do it. Let them rewrite whatever they want.

  513. Re:GPL is the problem by kuactet · · Score: 0

    and people with an interest in engineering things for the world to benefit from and making a living in the process have a very well qualified criticism.

    Yeah, and the proper response to that is, "Then don't fucking use GPL code. Really, it's not that hard. Christ."

  514. Re:GPL is the problem by Kalriath · · Score: 2

    Neither. The whole debate is pointless.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  515. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I don't think you understand what "free in as beer" means. When something is free as in beer, you are welcome to drink as much of it as you want for no charge. You don't get the recipe to the beer, you aren't given the ingredients, you don't get a say in how the beer should taste or could be tweaked for the better.

    The "free beer" comparison doesn't even make sense. First, how often is it that you find beer that you don't have to pay a penny for? And second, on the ingredients, I can guarantee that the primary ones are almost always water, some strain of yeast, malted barley of some variety, and some variety of hops for bittering. Maybe some beers, especially holiday ales, contain spices like ginger and cinnamon, and many of the craft breweries aren't afraid to advertise what extra spices they add. Furthermore, many craft breweries even list (often on their official site) what type of barley and hops they use... Samuel Adams and Sierra Nevada are two that make this information available. Of course, the exact proportions remain a mystery, so you'll never get it exact if you absolutely must attempt re-creating it.

    Of course... there are also many beers that don't mention what type of barley/hops they use, so it's not always so obvious. But still, I think the free beer analogy to free software is pretty dumb.

  516. Re:GPL is the problem by YoshiDan · · Score: 1

    Gotta love freedtards. A single post of "bullshit" contributes nothing yet still gets upmodded...

  517. Re:GPL is the problem by Anonymous Coward · · Score: 0

    However, most of them are 1.) simply angry that they cannot use all the great stuff for their own shitty proprietary software

    Your argument was ok until you showed yourself as an OSS zealot by labeling OSS 'great stuff' and proprietary stuff 'shitty'. Fail.

  518. Re:GPL is the problem by node+3 · · Score: 1

    I said exactly this. That they know what's happening and are presumably fine with it. Elsewhere I state this is a religious debate, but don't begrudge you for not being familiar with my other posts.

    My post was specifically referring to the standard claim by BSD license proponents that copies don't matter. I'm sure they don't matter so much to those who prefer the BSD license, but they very much matter when talking about copyright. You can't just claim copies don't matter when discussing the merits of different copyright licenses.

    GPL proponents want the copies to be free, BSD license proponents don't seem to care as much. Neither is "right", they are just different.

  519. Re:GPL is the problem by jbolden · · Score: 1

    Read the context we aren't disagreeing you are agreeing with me.

  520. Re:GPL is the problem by node+3 · · Score: 1

    There's definitely plenty of crazy to go around, if that's what you're trying to say.

  521. Re:GPL is the problem by jbolden · · Score: 1

    Every author included that statement its section 9 of the GPLv2. The options under the GPL are

    X or later
    X or another GPL license

  522. Re:GPL is the problem by node+3 · · Score: 1

    Confused about what that has to do with whether the GPLv3 is dictatorial.

  523. Re:GPL is the problem by diamondmagic · · Score: 1

    Break down that word first. an-archy. Anarchy is lack of arbitrary rule. As it applies to software, no one can "own" the code itself (since code isn't a scarce resource like economic goods are, at best you can only own instances of code, like the hard drive), there are only authors. But nothing implies that the authors have any right to tell another person owning a separate instance of code how they are allowed to distribute copies - that would be arbitrary rule, a non-owner (even if author) forcing the owner of property how they are allowed to act within their own person.

  524. Re:GPL is the problem by jbolden · · Score: 1

    I understand how they could do it. The problem is a fully locked down computer is much less useful than an unlocked down one.

    For example to maintain security they don't allow interpreters. That kills VBA which is needed or office. It kills Applescript which their general end users do use and take advantage of.

    Signing code is complex, which makes the compile -> test -> debug cycle hard. For iOS that isn't a huge problem because you can run emulators on OSX, so you don't sign until late alpha / early beta? But what do you emulate OSX on?

    The whole basis of not having problems with their Unix layer is macports / fink which are compiling apps all the time.

    I don't see it.

  525. Re:GPL is the problem by node+3 · · Score: 1

    Forcing apps to be signed to run on the iPhone is dictatorial, but saying you can't have signed apps as per the GPLv3 is also dictatorial, so I personally find both Apple and FSF are dictatorships, with zealous charismatic leaders at the head.

    This is inane. Neither are dictatorships any more than your local Safeway is a dictatorship. When you make a product, you set the rules. Dictators forcibly tell *others* what they can and cannot do in an intrusive and unlimited way. You're free to accept or decline Apple's, FSF's, and Safeway's terms.

    In fact, I'd argue that Apple and RMS's goals are actually more similar than dissimilar in some respects (on most Apple appliances the software is free, but source disclosure is the missing piece).

    I really shouldn't have wasted the word "inane" for the first part.

  526. OpenFileSharing? by Gary+W.+Longsine · · Score: 1

    If history is any guide, the Apple replacement project is likely to be released as an open source project, under a BSD style license.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
  527. Who uses OSX? by Anonymous Coward · · Score: 0

    Who the hell uses OSX anymore? The apple fan base gets a lot of publicity but its mainly gadgets not their computers. Their Server offerings were so awful everyone dropped them anyway and went back to Linux. This, really does not matter, but it shows the beginning of the end for Apple. Though the NeXT based kernel concept is cute, nobody really cares anymore, especially about anything to do with BSD - Monolithic kernels won the war when they started to develop good realtime characteristics.

    Yes, the GPL annoys me too. But so does Apple. :)

    1. Re:Who uses OSX? by Guy+Harris · · Score: 1

      Who the hell uses OSX anymore? The apple fan base gets a lot of publicity but its mainly gadgets not their computers. ... Though the NeXT based kernel concept is cute, nobody really cares anymore, especially about anything to do with BSD - Monolithic kernels won the war when they started to develop good realtime characteristics.

      1) xnu is a monolithic kernel in practice. Yeah, some stuff is done by upcalls to userland, but you'll find those in monolithic kernels as well. 2) The "gadgets" use that kernel, too.

  528. Re:GPL is the problem by mysidia · · Score: 1

    Every author included that statement its section 9 of the GPLv2. The options under the GPL are

    Not true. Congrats again for failing to actually read the GPL. The GPL only offers later versions if the author stated you may use any later version, OR if the author failed to state a version number. The kernel itself is a good example of a program that may only be distributed under the GPL version 2. Distribution under any other version of the GPL than stated by the copyright owner as allowed would be copyright infringement.

    [...] Also note that the only valid version of the GPL as far as the kernel is concerned is _this_ particular version of the license (ie v2, not v2.2 or v3.x or whatever), unless explicitly otherwise stated.

    The GPLv2 says accordingly:

    9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

    Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

  529. Re:GPL is the problem by PhilHibbs · · Score: 1

    Which do you think serves the public best?

    You are offering a tradeoff - an improved product, but with restrictions on the user's ability to fix any bugs in that product. The FSF philosophy is that losing that freedom is a very high price to pay for your improvements. You're free to believe that it is not a high price, fine, choose some other crap software with looser licencing to improve, not my crap software.

  530. Re:GPL is the problem by mysidia · · Score: 1

    For example to maintain security they don't allow interpreters. That kills VBA which is needed or office. It kills Applescript which their general end users do use and take advantage of.

    I assume they'll build a walled garden for Office, and allow some form of macros inside that walled garden.

    Signing code is complex, which makes the compile -> test -> debug cycle hard. For iOS that isn't a huge problem because you can run emulators on OSX, so you don't sign until late alpha / early beta? But what do you emulate OSX on?

    Yeah.. i'm sure if they do it, they'll sell a more expensive machine or software to developers that isn't locked down.

    Folks with luxurious needs will just pay more... including artists who need scripting/macros for their professional production work

    Or they migth allow limited scripting

  531. slight correction by IgnitusBoyone · · Score: 1

    Missed that typo I must of been holding down the shift key.

    LGPL does not equal the GPL

    --
    Momento Mori
  532. Re:GPL is the problem by theshowmecanuck · · Score: 1

    FTFY:
    a) Contribute to the open source world
    b) Buy another license from the author on more favorable terms, and thus contribute financially to open source.
    c) Use open source from a project that is less restrictive (more open) than GPL code; like apache or bsd licensed code.
    d) Pay or develop proprietary code, and the open source world loses potential contributions.

    The latter is what Apple is doing. The copyright owners of GCC and Samba have used a more onerous version of the GPL, and Apple decided it wanted to move further away from the open source world. Even if they didn't contribute a lot to the open source world, at least they were training developers to use and program open source code. And developers don't stay in one place forever. They would have went elsewhere and brought their expertise in open source code with them. Now when they go somewhere else, they won't bring that knowledge and experience with them. Granted they will likely have useful experience; just not open source coding.

    --
    -- I ignore anonymous replies to my comments and postings.
  533. Re:GPL is the problem by jrumney · · Score: 1

    It's not just control freaks that have a problem with it. It's also security-conscious engineering teams. Those bits of GPLv3 betray a fundamental lack of understanding of the need for proper code signing.

    I assume you are talking about the below clause from the GPLv3. This does not disallow code signing per se, it disallows the use of code signing as a DCMA measure to prevent copying of copy-left software. Giving the end-user control of the signing keys so they can approve binaries themselves gives you the security from third party malicious code that you want, without taking away the user's freedoms under the GPL.

    (From GPLv3)

    3. Protecting Users' Legal Rights From Anti-Circumvention Law.

    No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

    When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.

  534. Re:GPL is the problem by Draek · · Score: 1

    With the iPhone, iPod Touch and iPad Apple is selling some very, very popular devices. The software on these devices, and what you can and also what you can't do with them has a lot to do with the popularity. If you sold cars and started explaining to potential customers all the different ways you can tune the engine, then some (few) would be delighted, some wouldn't care, and some would _run_.

    Which is why all cars nowadays are sold with the hood welded shut.

    Oh, wait.

    --
    No problem is insoluble in all conceivable circumstances.
  535. Re:GPL is the problem by IgnitusBoyone · · Score: 1

    I think a great deal of people on this site would argue that this statement is very truthful and we loose liberty every day from the actions of congress.

    --
    Momento Mori
  536. Re:GPL is the problem by smash · · Score: 1

    BSD doesn't restrict what anyone can do with the code released under BSD license. Derivitive works can be restricted yes, but they don't remove the original BSD licensed code from circulation. If the original implementation of TCP/IP was GPLv3 licensed, where do you think the internet would be today?

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  537. Re:GPL is the problem by IgnitusBoyone · · Score: 1

    Bad choice of words you are going to get this by a few people I would guess.

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin

    You should of said something like sometimes a closed system is simpler by design. That I wouldn't hold against you, but the freedom for security doesn't even hold up with your argument. You really meant to say sometimes you give up freedom for stability. This is often true even outside computing.

    --
    Momento Mori
  538. Re:GPL is the problem by smash · · Score: 1

    GCD was post 2004, as is CLANG, which is totally open and BSD licensed.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  539. Re:GPL is the problem by smash · · Score: 1

    What you expect from a license from the same guy who doesn't believe in passwords being necessary for computers (RMS, google it)?

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  540. Re:GPL is the problem by IgnitusBoyone · · Score: 1

    Man, I've posted a lot in this thread today. But I wish I had mod points to rate this up. It is just brilliant.

    --
    Momento Mori
  541. Re:GPL is the problem by jrumney · · Score: 1

    If you allow import of arbitrary (self-signed) certs, you might as well be allowing unsigned code

    This is only true if there is a vulnerability in the keystore that allows unauthorised software to install keys to authorize itself. Requiring expensive code signing certificates from a recognized CA does not fix such a hole.

    Requiring signed code is not more secure than unsigned code, as signing certificates are available for a fixed fee. I don't know of any CA that carefully checks all the source code of the requestor to ensure it is not malicious before issuing a certificate.

  542. Re:GPL is the problem by jc42 · · Score: 1

    Heh. Samba is probably a good "poster child" for the sort of open-source software with so many contributors that nobody can reasonably be expected to coordinate them all to agree on offering a second license. Such discussions would naturally break down into the sort of flamefest that we see here all the time.

    But, as someone else just commented, this is somewhat of an extreme case. Most open-source projects have a rather small set of developers, so it's not too hard for them to discuss such things and agree on what licenses they will allow. With only a handful of contributors, it's also possible to decide on how to divide up any income that might arise from such things.

    The FOSS model doesn't scale well to large groups of software developers. The image of "herding cats" comes to mind ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  543. Re:GPL is the problem by Anonymous Coward · · Score: 0

    If you try to define what's allowed and try to get people to do or not to do what YOU want them, you aren't promoting free code. Your code is just as "bad" as proprietary code. True freedom is letting people do what they want, even if they have different values than you.

    And yet something tells me that if I walked into your house, picked up your computer, and started walking out again, you would probably try to stop me. You [i]will[/i] stop valuing my freedom to do what I want at the point where you no longer agree with what I'm doing. I guess you're a hypocrite too, huh?

    companies avoid open sourcing and open source code completely just because of GPL. They rather get the easier and guaranteed legally good alternative, which is licensing from other companies like MPEG-LA for H.264 and Microsoft for WP7 and so on..

    That's a fascinating argument. Shame it is completely contradicted by this little thing called reality. Compare the number of WP7 handsets to the number of Android handsets and let me know how sure you are that people are avoiding the open source option.

    Sure, people using Android are being sued. So are people not using Android. Everyone is suing everyone for everything. There is no "guaranteed legally good alternative" and there is no truth to your assertion that free software is perceived as a less good alternative. You are pulling baseless claims out of your ass.

    troubles that the hypocrites at GPL headquearters have caused for the whole open source movement

    Wow, my bad, you're not making serious arguments at all. Great troll there. You totally got me. I lose. I will have a nice day.

  544. Re:GPL is the problem by Anonymous Coward · · Score: 0

    What I said is that it's "Orwellian doublespeak" to use the word "liberty" to describe a scheme where you've set restrictions on how I can use and distribute something.

    You, sir, are possibly the first person I have ever seen basically describing the Emancipation Proclamation as "Orwellian doublespeak".

    That Lincoln! How did he dare to claim to be supporting liberty when he forced -- yes, forced people, at literal gunpoint, to give other people the same freedoms they enjoyed themselves! Truly this was a foreshadowing of Big Brother.

  545. Re:GPL is the problem by melikamp · · Score: 1

    Are such "legal hacks" actually a good idea? They don't create a track-record of legal precedence, so its not a valid means of creating change in the legal system.

    Here I used "hack" in an MIT way, meaning a legitimate ingenuity. There has been plenty of testing, and GPL held up in courts just fine.

  546. Re:GPL is the problem by dbIII · · Score: 1

    Citation needed on the "need" for code signing

    In the end that purely comes down to opinion - just as RMS does not see any need for even password authentication on login to computers while I have a very different opinion.
    I really don't want any random script kiddy to be able to flash my router from the net so for some things it makes sense. On the other side of things I don't want to be locked out of my own hardware. It's a case by case thing so blanket rules are far too much of a blunt instrument.
    It's also odd that Apple here is caring more about licences that the guy that chose to move Samba to GPLv3 in the first place. If you use something (eg. bitkeeper) you should stick to the licence even if you think the terms are stupid otherwise you cannot expect other people to respect the licences on your stuff. Here we have exactly that situation - Apple is expected to comply with the terms of somebody that ended up in the press for getting caught in a licence violation which ended up with the entire linux project having to manage source code with a completely different application.

  547. Re:GPL is the problem by Haeleth · · Score: 1

    GPL alone has created a large problem. [...] unless we deal with that hypocricy Microsoft will always win. [...] GPL is bad.

    And yet for some reason GPL-licensed Linux is everywhere, and FreeBSD/OpenBSD/NetBSD are niche products. Why is it that most companies that want to migrate from legacy UNIX servers are choosing to migrate to Linux rather than a BSD, if the GPL is such a terrifying thing and the BSD license is so much better?

    Perhaps it's something to do with the fact that GPL-embracing companies such as Red Hat have invested so much money in improving Linux. And since Linux is GPL, everyone who has built a product by improving it has released those improvements. So Linux has improved rapidly, while by some miracle Red Hat has not yet been destroyed by the GPL's poisonous touch.

    On the other hand, companies that have built products on BSD bases, such as Apple, have tended not to release all their improvements. Most of Apple's interesting, useful improvements have been kept private. Who has benefited from the BSD license? Apple. Only Apple. Certainly not the open source community, which has merely been thrown the bone of Darwin, a project that recently passed the significant milestone of 500 users worldwide.

    But wait, you cry! What about CUPS? What about WebKit? Apple so does give things back!

    Ooh, guess what? Those both use GNU licenses, not BSD! That's why Apple gives their improvements back -- because they have to. If they didn't have to, they most likely wouldn't. So thanks to the GNU copyleft approach we all, Linux and BSD alike, have a better printing system and better web browsers.

    Now tell me you seriously think the GPL is harming open source and BSD would be the cure. Because I'm sorry to say that reality seems to disagree.

  548. Re:GPL is the problem by paxcoder · · Score: 1

    If you write BSD code, you are a creator of proprietary software, as much as you're a creator of free software. You are *both*. You contribute to a project that takes freedom away from its users. It doesn't matter that your contributions are also free, the whole isn't. For that one user of, freedom is withheld due to your decision to give the slave driver the ability to enslave. It is like saying: I simply provided the guns, I'm not responsible for the killings. Well, when you provide a gun to a murderer. You are. GPL is a way of avoid doing that.

    It's reciprocal. Really, you BSD guys just don't see non-free software as evil, that's what the problem is. It's better not to have proprietary software at all: Software will be substituted eventually, while having non-free software would just postpone that with freedoms lost in the meantime (Would this be a worse world without Windows? Are you sure?). Comparing the ability to make private modifications with the ability to use in non-free software thus fails. It's not the same.

    Free software is an ideology. You either think it's important, or you don't. Thinking it's nice to have it is not really middle ground.

  549. Re:GPL is the problem by Anonymous Coward · · Score: 0

    But the people you distribute to get the same sort of freedom which you got when it was distributed to you - if it's not liberty for you, it isn't liberty for them either.

  550. Argue like it's 1999 by Dwonis · · Score: 0

    GPLv3...which prevents Apple from using the software commercially.

    I thought we killed that old canard back in 1999. There's nothing in GPLv3 that's substantially more anti-"commercial" than in GPLv2. Actually, GPLv3 is a lot better in a lot of ways. For example, if you screw up and violate its terms, GPLv3 isn't terminated permanently, unlike GPLv2.

  551. Re:GPL is the problem by Anonymous Coward · · Score: 0

    The problem with this view is that by and large the liberties provided by the GPL are only useful to end users if they -are- developers.

  552. Re:GPL is the problem by yeshuawatso · · Score: 1

    Linus didn't upgrade the Linux kernel to GPLv3. If you want to know why, see here.

    In the Tivo case, it was a DRM issue, and possible an issue here with Samba and Apple. If Apple wants to take their OS X software toward iOS and start locking down the computer, they're going to need to

    1.) Change the definition of computer or call their computers something else, like they did successfully with the iPad not being a tablet PC or Macs not being called PCs, even though the definition of PC is simply "personal computer" (side note: why aren't business computers called BCs?)

    and

    2.) Lock it up so people can't tamper with it.

    They can't do number 2 as most developers that choose GPLv3 specifically, do it to keep DRM away, which is what signed binaries are. Why go iOS route is understandable too. Most computer users in the US and other developed countries can't use a computer beyond the applications they use every day. Installing software is too complicated, even on Macs where it's literally drag and drop (for most apps, not all). Drivers? Don't bother. Software: Why is it soft? Those that peruse Slashdot aren't part of this crowd, but computers have always been made to fit us because we've been the consistent buyers. Now, computers are so cheap that anyone can afford them, even if they don't know how to use them. Our software will have to change to fit those people whom technology is a black art, especially since processor speeds have really stagnated in the past couple of years.

    Side note. Read these post of what processors should have been now, discussed back in early 2006. It's sad that their expectations have been crushed by today's standards of PCs.

    http://www.knowledgesutra.com/forums/topic/34141-cpus-with-5-ghz-clock-speeds-on-their-way/

  553. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Well, if the code can be used by corporations or business citizens without restrictions how is the original developer supposed to make money. Oh, look, this isn't about business models, what a surprise!

  554. Re:GPL is the problem by Guy+Harris · · Score: 1

    Reread my comment. Those were moves made during the 1997-2004 period when Apple was having a rough time.

    Wrong. As noted, several of those moves were post-2004.

    They did close Darwin for example.

    "Close" in what sense?

  555. Re:GPL is the problem by arose · · Score: 1

    If a developer doesn't distribute, the the developer hasn't distributed and the GPL didn't apply.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  556. Re:GPL is the problem by Guy+Harris · · Score: 1

    Yeah.. i'm sure if they do it, they'll sell a more expensive machine or software to developers that isn't locked down.

    They already do. They're called "Macs". The locked-down less expensive machines are called "iPhones", "iPod touches", and "iPads".

  557. Re:GPL is the problem by arose · · Score: 1

    What if the lock down is designed to keep malware off of the user's device and maintain its stability, and the user is OK with that?

    You can easily comply with GPL3 by giving the user the option to run self-signed code, since the user is OK with restrictions they will not do so.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  558. Re:GPL is the problem by lars_stefan_axelsson · · Score: 1

    Look, as the GP said, it's very simple. A society that forbidds slavery is more free than one that doesn't. Freedom has very little to do with the number of rules in a society and everything to do with the nature of the rules of a society.

    --
    Stefan Axelsson
  559. Every time I read about what Apple "decided" by koinu · · Score: 1

    I have to laugh, because Apple does not decide here. It's the FreeBSD project that aims towards LLVM since long time already. Earlier when Apple "decided" about using ZFS, it was FreeBSD that implemented it. Apple had to remove it again, because of license restrictions that work well only for free projects.

    It is really stupid to say "Apple decided" because their system is in large parts derived from independent projects. They don't decide about anything there. They have to accept it.

  560. Re:GPL is the problem by DrXym · · Score: 1
    I assume they weighed up their choices and made it. What they certainly didn't choose to do is get lumbered with GPLv3. Some might say "no great loss" but if companies pull developers from projects then the project will suffer too. Now Samba has lost possibly 2 or 3 paid up developers who would have been fixing bugs, adding features, ensuring Samba built properly on Darwin etc.

    Look at gcc as another example. Apple have thrown their weight behind clang so all the Objective C development in gcc is danger of going bitrotten. I can also imagine that if clang starts to pull ahead (as it already looks like doing) that maybe even some BSD & even Linux based dists might consider using it.

    Apple isn't the only one by any stretch either. There is a very good reason that the kernel and certain tools like uclibc & busybox don't adopt GPLv3 and its for the same reason. It would be suicide to do it. I expect in those cases that there would be so many disgruntled people that the project *would* branch and the official branch would die on the vine.

  561. Re:GPL is the problem by aaaaaaargh! · · Score: 1

    Your argument was ok until you showed yourself as an OSS zealot by labeling OSS 'great stuff' and proprietary stuff 'shitty'. Fail.

    I was referring to the sentiment of the angry developers not to my own sentiment, though. Should have been more clear about that. There are plenty of able proprietary software developers that don't have to rely on OSS libraries and write good software. If they need some functionality, they just implement it on their own. These developers are usually not angry about the GPL.

    The angry ones are those that when confronted with a problem look for a library or tool (because they can't solve the problem on their own), and then get angry when the tool is under GPL. You know, the guys that essentially want to write wrappers around complicated 3rd party tools and then want to sell it as their own software. Their software tends to be less good, or, as I termed it emphatically 'shitty', and they know it. And btw, in this context it's absolutely fair to say that OSS is great stuff. If you're looking for libraries or tools that solve a particular complicated problem (e.g. kernels, curve fitting, theorem solving, databases, natural language processing, data mining, etc.) you'll nowadays find more useful libraries and tools as OSS than proprietary ones.

  562. Yes, you can. by DrYak · · Score: 1

    How can you say it does not when it clearly does. Can I get GPL v3 Software for my iphone. NO I cant. Its not compatible with the distribution method.

    Yes, you can.

    You can *GET* GPLv3 software, and try to upload it into your iPhone :
    You can download the source, compile it, and try to upload it (either by paying for the SDK or by jailbreaking the phone).

    The GPLv3 will only prevent you from publishing binaries that other users can't modify themselves.
    So, if you go through the SDK route, you can't publish the binaries, because they need to be signed to be modified and you can't publish the signing key together.(Thank you, Apple !).
    If you go through the jail breaking route, you can publish everything you want, as other users aren't prevented to replace component of your software.

    So yes that clause does affect me the end user. Good open source software is not on the App store or not for long because of this. Even though the code is free for all to use the distribution method isn't compatible.

    What you can't get is precompiled GPLv3 software from the App Store. Because by Apple's design the whole iPhone ecosystem is specially designed so you can't hack your software and you can't do what you want with hardware and software you own. And the GPL is - by design - here to enforce that the end user can have this freedoms to hack.

    The whole GPL license is about making sure that the end user can modify the software no matter what. That was the reason it was created back then, that's how it still works today.
    The iPhone/iPod/iPad are closed platforms. There are designed so you can't modify the software. This is clearly exactly the opposite of the idea behind GPL and Free Software.

    Don't put the blame on GPL for what's done by Apple being control-maniacs and prevent the user doing anything which isn't approved by Saint-Jobs. It's not RMS's fault that iPhones are pieces of crap which need to be jailbroken before being anything close to useful.

    If you're not happy, vote with your wallet. Buy phone without such crappy restriction.
    Mine is WebOS powered. I just type a command if I want to install non-HP/Palm-approved software.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  563. Ffreedom by Lennie · · Score: 1

    OK, there is this long discussion above about freedom.

    The creators of the GPL(v3) have one party in mind when they talk about freedom. It is not the developers, it is not the businesses. It is about the users of the software. They want to give as much freedom to the user first. This means the user of the software should always get the source of the software he is using so he/she does not depend on one vendor. There are some clauses about patents too, but they are also about giving the users of the software the ability to take the source and go to an other developer and having them add or remove other functions the original developer didn't want to do.

    The BSD-license is about giving the developer the most freedom. They can sell it commercially, adopt it as something new and don't give anyone else the source.

    Apparently Apple isn't about giving users the most freedom, but I guess you already knew that. ;-)

    --
    New things are always on the horizon
    1. Re:Ffreedom by aristotle-dude · · Score: 1

      OK, there is this long discussion above about freedom.

      The creators of the GPL(v3) have one party in mind when they talk about freedom. It is not the developers, it is not the businesses. It is about the users of the software. They want to give as much freedom to the user first. This means the user of the software should always get the source of the software he is using so he/she does not depend on one vendor. There are some clauses about patents too, but they are also about giving the users of the software the ability to take the source and go to an other developer and having them add or remove other functions the original developer didn't want to do.

      The BSD-license is about giving the developer the most freedom. They can sell it commercially, adopt it as something new and don't give anyone else the source.

      Apparently Apple isn't about giving users the most freedom, but I guess you already knew that. ;-)

      The FOSS movement does not seem to understand the "users" != interested third parties. The end users just wants to "USE" the software. They have zero interest in the source code or running build script. As long as the FOSS movement continues to treat users as if they should be fellow developer its products will continue to falter in the mass market. This "freedom" the GPL Version 3 claims to give users is something they don't want. It is interested third parties who want access to the code, not users.

      This mistaken mentality has caused so much software to lack in usability because the devs just ASSUMED that end users would get out their compiler and fix what they thought was broken. WRONG. If software is not usable, they will complain to the devs and then look for something else.

      Apple is very USER focused and they understand what a USER. They have not mistaken users for being interested third parties or developers.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Ffreedom by Lennie · · Score: 1

      This isn't about what the user wants, it is about the users freedom.

      In the US people can choose to buy guns and not have healthensure. That is their choice, they have freedom. It might not be something they want to... that is a totally different thing.

      Many people that have tried Apple products have actually said they do not want this restricted stuff and want to be allowed to do other stuff with those products but Apple says no. Those are not happy users, Apple doesn't are for their wishes, they restrict what they can do. On purposely restrict what they can do. So less freedom.

      --
      New things are always on the horizon
  564. Re:GPL is the problem by Anonymous Coward · · Score: 0

    I pretty much agree with you. And I don't understand why a well written post has to be -1/Troll just because people on here don't agree with it.

    What I really find completely stupid is releasing some library (or library-type product) with GPL (instead of LGPL or something else). It makes absolutely no sense that an entire software product that is 100x larger than the library is forced to be open-source just because you are using some library. Guess what that means - no commercial application will use it, which could have been a big win in terms of bug reports, contributing code, and publicity.

  565. Re:GPL is the problem by jbolden · · Score: 1

    Read the context. We are talking in terms of a hypothetical where Macs are the ones being locked down. You aren't disagreeing with my point you are agreeing that Macs support for iOS is what makes this possible.

  566. Re:GPL is the problem by jbolden · · Score: 1

    Well you see the problem.

    Walled garden for office
    Walled garden for Adobe apps (which have scripting)
    Walled garden for Quark
    Walled garden for iOS development .....

    This is exactly what happened to Microsoft with NT4 in terms of security. The "OS" was very secure but the applications, including things like the shell, were all on another layer which wasn't. Their applications, including things like IIS were incompatible with their security model. That strategy is a mess.

    Apple is able, so far to pull it off because iPhones aren't used for anything complex. They are able to pull it off because roughly 100% of iPad users also own a laptop. In other words these things are limited secondary and tertiary devices.

    Now what they might do is have two entirely different machines. One that is "professional grade" that is less locked down and one that is consumer grade. Apple has always wanted a larger differentiation between the macbook and the macbook pro and having the pro be able to run thousands of applications the macbook can't.....

  567. Justification for using GPLv3 by agbinfo · · Score: 1
    > Do you want to give a justification

    Maybe it's because Apple doesn't sign their paycheck.

    Maybe it's because they like the protection of the GPLv3 more than they would like their hugely popular software to run on the Apple platform as well.

    One thing is certain though. They don't need to justify their choice. If you don't like GPLv3, don't use their software or fork from the GPLv2.

    1. Re:Justification for using GPLv3 by phantomfive · · Score: 1

      Or maybe you can stop speculating and read what he actually said right here.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:Justification for using GPLv3 by agbinfo · · Score: 1

      Oops. Never mind.

  568. Re:GPL is the problem by jbolden · · Score: 1

    The hope is that (d) is more expensive than (b). When its not, for similar quality open source has rarely been able to win.

  569. Re:GPL is the problem by mysidia · · Score: 1

    including things like the shell, were all on another layer which wasn't. Their applications, including things like IIS were incompatible with their security model. That strategy is a mess.

    There is no requirement that all 'locked down apps' share the same walled garden.

    NT's failure wasn't an inherent failure.

    And sometimes the perception of high security is better than being perfectly secure against every theoretical attack. Especially when you are trying to sell a product.

    Raising the bar for security attackers much higher is almost as good as making security attacks impossible.

    The criminals will go after easier targets. Like the human using the hardened devices (e.g. Phishing).

  570. Re:GPL is the problem by Bengie · · Score: 1

    "then the part that is my contribution is no longer free"

    False. Your contributions are still free unless they removed your source code form the internet as well. People will still have access to your code via SourceForge/etc.

    Once they make a change to your software, it is no longer the same software.

    I am not arguing for or against, but your argument is flawed. I'm trying to provide constructive criticism as it's easier to be a critic that to make up my own argument.

  571. Re:GPL is the problem by theshowmecanuck · · Score: 1

    Expensive is relative. In Apple's case, I would bet that it is more expensive to develop the code, but far cheaper than if they had to give away big chunks of their revenue generating operating system.

    This is the biggest problem with the GPL that I rail against, and which is the crux of the current issue. The GPL, especially v3, makes if very difficult, if not impossible, to use/link GPL code with proprietary code. There should be a way that libraries can be used/called etc. without having to impinge on either party (and I'm not talking about using LGPL either). I might understand if they wanted to get so narrow as to say, 'if you modify our GPL code so that it works better with your own code, then you need to give away your own code'. What I don't like is the idea that you should give away your own code if 'you link our black box binaries' (libraries or whatever... which is how I interpret the GPL). After all, you aren't copying anyone's source code, so how the heck can you be violating their copyright.

    Anyway, just the price of something isn't the only factor. It is also what it can cost (in other terms than purchase price or implementation cost).

    --
    -- I ignore anonymous replies to my comments and postings.
  572. Re:GPL is the problem by Guy+Harris · · Score: 1

    Read the context. We are talking in terms of a hypothetical where Macs are the ones being locked down. You aren't disagreeing with my point you are agreeing that Macs support for iOS is what makes this possible.

    Actually, what I'm saying is that I'm not sure why the heck Apple would bother locking down Macs, rather than just saying "we sell iOS machines for people who are happy with machines that can only run software that we bless, and we sell Macs for people who aren't", which is what they are, in effect, saying now.

  573. Re:GPL is the problem by Guy+Harris · · Score: 1

    http://www.macworld.co.uk/news/index.cfm?NewsID=14663&Page=1&pagePos=8

    Yeah, I remember that when it was mentioned on Slashdot, and the usual low S/N ratio discussion that followed. And, surprise surprise, Apple made the source to the Intel versions available, so Apple didn't "close down OS X", they just hadn't gotten around to releasing the source yet. Way to jump to a conclusion, dude....

  574. Re:GPL is the problem by Anonymous Coward · · Score: 0

    Well, exactly. This is the loophole GPLv3 is designed to close - preventing users from controlling their own hardware (and potentially shooting themselves in the foot).

    If you claim that this aspect of security is more important than users' freedom to control their own hardware, then, yes, you have found a fundamental point of contention between you and authors who license under the GPLv3.

    I think you have a point in that GPLv3 may be genuinely incompatible with users that are so ignorant as to be tricked into installing malicious software, no matter how clear the UI is about what they're doing. I suspect that's consonant with the stated goals of the FSF - users that ignorant really can be a threat to all our software freedoms, in the same way that ignorant voters are a threat to everyone's freedom.

    (The above sounds pretty negative towards the idea of security by lockdown, and I do believe the GPLv3 and free software are important goods in the world. But I personally have no qualms about writing or buying proprietary software, and sometimes I like to be ignorant and protected from myself, too. Like with voters, we have to accept that many or most will be ignorant, and do our best to educate enough of those that can be educated to keep freedom alive.)

    I disagree with your specific claim, but I don't have the experience with ordinary users to back that up. I guess your users install software more aggressively than my family, who are put off very effectively by the step of manually loading a key into Ubuntu Update Manager settings.

    I do concede your point that plenty of users can be tricked easily into doing whatever an attacker needs them to do. But I can see how authors would be OK licensing under GPLv3 anyway. If you want to serve dangerously ignorant users (and sometimes I do, too) then you have to charge them accordingly and pay someone to write the non-free software to protect them from themselves. The GPL isn't a problem just because it's not the right tool for the job.

  575. Dang. So he doesn't have source? RHEL breaking by Anonymous Coward · · Score: 0

    Dang. So he doesn't have source? RHEL breaking the license now?!?!?!

    No, he gets RH licenses which INCLUDES THE CODE.

  576. Re:GPL is the problem by Rakarra · · Score: 1

    I want to use BSD code without crediting its original authors.

    That's true, the only entirely-free license is public domain. ...

    Assuming that the code does not run afoul of patents.

  577. It doesn't force them to do squat. by Anonymous Coward · · Score: 0

    It doesn't force them to do squat. If anything, it's like the MPEG-LA patent pool where the price of admission is to license to all the others in the pool.

    MPEG-LA aren't being bashed for "forcing" anyone to license their patended stuff.

    And the payment for using someone else's code is that you have to obey the license. As opposed to Apple or Microsoft et al where you have to pay AND obey the license.

    So why are you whinging? Not paying enough?

  578. Re:GPL is the problem by jbolden · · Score: 1

    The problem is circumvention. If you don't draw the boundaries broadly then people can easily circumvent. For example I can inherit your class X library. As my class Y. I can then use your X.a, X.b, X.c as my Y.a, Y.b, Y.c while keeping my replacement for X.d proprietary since its Y.d and not part of your code. The point of the GPL is to make it difficult to use GPL software and link in proprietary extensions.

    As far as not copying, the problem is if your work is entirely based on another, wouldn't function without it, then its a derived work. This prevents someone from from changing the format and arguing that they never copied. Say for example I took your book and:

    a) render it in a different font so the binaries don't match. For example I go ASCII to EBCDIC.
    b) translate it into a new language
    c) translate it into a new medium, like a make play based on it.

    All of those things are considered copyright violations. And even if I

    d) Create a new book whose plot elements crucially depend on yours: http://en.wikipedia.org/wiki/The_Wind_Done_Gone

  579. Re:GPL is the problem by jbolden · · Score: 1

    I agree with you. Though iOS isn't actually quite that strict. And I do think Macs will be tightened up some. But.... I don't think Macs will ever get nearly as tight as iOS systems which is where you and I are agreeing against GP.

  580. Re:GPL is the problem by jbolden · · Score: 1

    OK I stand corrected on that one. Good to know.

  581. CUPS remains free software? by jbn-o · · Score: 1

    If that's so, and I have no objection to what you're saying (the NeXT/GCC affair demonstrates why Bradley Kuhn says "Apple lawyers have a pathological hatred of GPL"): should free software hackers consider forking CUPS or keeping track of the latest GPL'd version of CUPS with an eye toward forking should CUPS' license become non-free? Apple owns CUPS now so I think it's reasonable to wonder about the future of the print system a lot of free software distributions have become dependent upon.

  582. Re:GPL is the problem by jabjoe · · Score: 1

    http://dictionary.reference.com/browse/Anarchy?r=75&src=ref&ch=dic

    What I'm saying is a system of freedom rules is freer than no rules. The GPL is just that. You don't have the freedom to take away from others the freedom you where given yourself.

  583. Apple is just another proprietor sometimes. by jbn-o · · Score: 1

    Then you shouldn't have any problem listing these things in detail. I doubt what you're saying is true. I think it's far more likely Eben Moglen's description is the case: (paraphrased) announce GPLv4 and people will love GPLv3 like a brother. This is what happened with GPLv2: when it was announced work began on GPLv3, suddenly GPLv2 was loved.

    Some of what Apple does reveals Apple to be just another proprietor who built their fortunes on free software: they know they can't go far without software freedom, and they want to treat the free software community as a market, but they don't want to behave as a member of the free software community.

    As for being "quite happy to contribute to GCC", that simply is not true. NeXT committed copyright infringement and GCC's copyright holder (FSF) compelled them to comply with GCC's license (GPLv2). Bradley Kuhn describes it succinctly, "Apple lawyers have a pathological hatred of GPL, which he believes comes directly down from Steve Jobs, who began his dislike of GPL when he tried, while at NeXT, to distribute a proprietary front-end for GCC for Objective-C." and Richard Stallman talks of this in the essay Copyleft: Pragmatic Idealism explaining why GCC can compile Objective-C:

    NeXT initially wanted to make this front end proprietary; they proposed to release it as .o files, and let users link them with the rest of GCC, thinking this might be a way around the GPL's requirements. But our lawyer said that this would not evade the requirements, that it was not allowed. And so they made the Objective C front end free software.

    NeXT was lucky they were dealing with a copyright holder who (then as now) seeks compliance with the license above monetary compensation and court appearances. NeXT was also lucky that, at the time, they were able to correct their illegality outside the spotlight of publicity. Apple owns NeXT now and we're talking about the same person in charge at both companies. Apple would go on to commit copyright infringement against the FSF again in May 2010 distributing GNU Go in violation of the GPL (by adding additional restrictions on top of GPLv2 which that license disallows) but that time chose to cease distributing GNU Go.

    1. Re:Apple is just another proprietor sometimes. by ceoyoyo · · Score: 1

      I can list some if you want. The "anti-tivoization" provision in the GPL 3 means if you're putting the software onto a hardware device, the GPL dictates your hardware design. The hardware MUST support software updates, by the end user. That might mean an extra port (expensive) and will probably mean support headaches. Special exceptions had to be made to this clause for things like medical scanners. That's great... if you're building an excepted device.

      The patent clauses scare a lot of businesses too. By releasing GPL3ed software you can potentially nullify your own patents.

      Add in that the terms of the license are untested (not just 3, but 2 as well) and open to differing interpretation (is liking kosher? Static vs. dynamic?) and you've got a potential landmine.

      We recently released a demo library of some software that's generally intended to be used in embedded systems, even burned directly onto ASICs. In the latter case the terms of the GPL 3 are completely unsatisfiable, and in the former very nearly so. So the demo library is freely distributable and researchers can use it for free, but if anybody in industry wants to actually build a device using the software they pretty much have to buy a commercial, non GPL license.

  584. Re:GPL is the problem by Rakarra · · Score: 1

    can't have it at all because a "freedom" advocate believes allowing me to have it would cause them some kind of harm...

    No, you can't have it because Apple prevents you from installing software except through them.

    Oh come on, how is the above comment a Troll? It's a statement of facts that is totally relevant to the discussion. A troll would include some subtle or less-than-subtle insult against Apple fanboys, Apple's wisdom in being the only supplier of iPad apps, or even just insultingly slamming Apple's App Store model in the first place.

  585. Re:GPL is the problem by SteveFoerster · · Score: 1

    So? Dictionaries tend to include all sorts of ways that words are popularly misused. In many dictionaries you'll see one of the definitions of "begging the questions" listed as a synonym for raising the question.

    --
    Space game using normal deck of cards: http://BattleCards.org
  586. Re:GPL is the problem by Rakarra · · Score: 1

    They would be perfectly fine to continue using SAMBA (GPLv3), since there is not a single technical/legal reason against it with their current usage pattern.

    Actually, the legal problem is that the GPLv3 may ban the use of GPLv3 software on non-free devices. It is, in fact, the reason for the GPL 2->3 changes in the first place, to prevent situations like Tivo where modifications to GPLed software were released back to the Free Software community, but the device enforces that code running on it be signed by Tivo. It's a direct assault from GNU on the practice of preventing the end-user from running 'unapproved' software on his own devices.

  587. Re:GPL is the problem by Rakarra · · Score: 1

    So it's "free" as in "don't do that," then. Gotcha. That's fine. Just call it what it is instead of calling it freedom.

    Freedom is not necessarily absolute. I have the freedom to plant the types of trees I want in my backyard, but if they drop apples into my neighbor's yard, it interferes with his rights as well. Sometimes one person's freedom will conflict with another person's, and the settling of those disputes doesn't mean that you're taking away the freedom of either.

  588. Re:GPL is the problem by jbolden · · Score: 1

    If the apps don't share a walled garden you have a lot complexity with intra app communications and signaling. Integration of applications is a major selling point. Just think about making drag and drop work between walled gardens.

    As for the rest about security and just being harder. I agree.

  589. Re:GPL is the problem by bames53 · · Score: 1

    You contribute to a project that takes freedom away from its users.

    Except this is the premise that I already refuted in my earlier post. That post explains that no derivative of a BSD project can possible take anyone's freedoms, and that it's not like enslavement at all. It's not like saying 'I only provided guns, I'm not responsible for the murder.' It's like saying I didn't provide any guns and the murder is only your hallucination.

    You need to point out what freedoms exactly are taken away when someone creates a proprietary derivative work from and open source project. The fact is that the original code can't be close-sourced by a derivative and therefore all the same freedoms are available.

    The only way to claim you are 'less free' is if you use a definition which has absolutely untenable implications. That is, you say you are less free when proprietary software exists because you are comparing your freedom in that case to a counter-factual where the only difference is that that proprietary software is open source. Besides the fact that such a counter-factual is not always valid (i.e., the software may not have been developed at all if the option to make it proprietary wasn't available), if you count such counter-factuals then you should count them all (or at least explain why only this one counts).

    And counting other counter-factuals brings us to the terrible contradiction I alluded to in my earlier post. You must conclude that people choosing not to write software makes you less free, and if you think it's okay to use force to defend freedom then the terrible contradiction is that you can enslave people (literally, chain them to a computer and make them write open-source software for you) to make people more 'free.'

    you BSD guys just don't see non-free software as evil

    Right, because it's not. If someone creates proprietary software I'm no worse of than if they had created nothing, and in fact I may be better off. Even if I only use open source software I'm no worse off because proprietary software doesn't stop me from making or using free alternatives. On the other hand you say

    It's better not to have proprietary software at all: Software will be substituted eventually

    which literally means you believe that not having the choice to use a proprietary product doesn't take any choices away! And then you go on to say that having that choice actually takes choices away!

    while having non-free software would just postpone that with freedoms lost in the meantime

    The contradictions are so blatant, it's amazing.

  590. English is not that precise by DragonHawk · · Score: 1

    "However, a statement of the form "You're either A or not-A" is a true dichotomy, as the given options are complementary."

    The English language is not precise enough for that to actually work in practice. (I suspect all human language suffers from this problem (more accurately, I suspect it's a human problem, not a language problem, per se), but that's another discussion.) In this particular case:

    "You're either for software freedom or you're not."

    There are multiple definitions/interpretations/POVs/etc. for "software freedom", and further implications and subtleties within those.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
    1. Re:English is not that precise by JesseMcDonald · · Score: 1

      While I agree that natural languages are imprecise, redefining your terms mid-argument is a different logical fallacy. Whatever single definition you choose for "software freedom", "for software freedom" and "not for software freedom" are complementary to each other, and thus do not form a false dichotomy. (Put another way, "Are you for software freedom?" is a question which can be answered with either "yes" or "no", once you've come to an agreement on the meaning of "software freedom".)

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  591. Re:GPL is the problem by paxcoder · · Score: 1

    That post explains that no derivative of a BSD project can possible take anyone's freedoms

    You simply didn't. Your argument was that since your contribution is free, you're not responsible if others use it to create software which *denies* certain freedoms to their users (maybe that terminology better suits you than "taking away" freedoms, given that you do not see freedoms as rights, but as privileges granted by the monopolist). You are responsible, since you allowed this.

    You need to point out what freedoms exactly are taken away when someone creates a proprietary derivative work from and open source project. The fact is that the original code can't be close-sourced by a derivative and therefore all the same freedoms are available.

    I think I've sufficiently addressed this now (and I believe you know which are 4 freedoms), however, I'd like to point out that you're confusing the original with the derivative here. While your software is truly free, it is truly (part of) non-free software as well, considering that you have contributed to it by your explicit permission.

    Allow me to cite this in it entirety:

    The only way to claim you are 'less free' is if you use a definition which has absolutely untenable implications. That is, you say you are less free when proprietary software exists because you are comparing your freedom in that case to a counter-factual where the only difference is that that proprietary software is open source. Besides the fact that such a counter-factual is not always valid (i.e., the software may not have been developed at all if the option to make it proprietary wasn't available), if you count such counter-factuals then you should count them all (or at least explain why only this one counts).

    I had to read between the lines here, so tell me if I don't address the point: First of all, notice that you are making your own case based on a counter-factual. You assume that we would miss something by not having software that denies most of the freedoms. But not having _some_ proprietary software is better than the current situation. Any lacking software is sure to be replaced (I'm confident that no "innovation", given time, is unreproducible by someone else). Moreover, current models of selling software would be substituted with those that are suitable for free software. Free software would fill the missing holes instead of being obstructed as it is now. Fact is, we are missing free software we'd have had it not been for proprietary software schemes.
    Your other point, I believe was: Why is a right to privately modify exempt from copy-left. I'm guessing privacy trumps hypothetical (or as you call it "counter factual") social benefit from such code. If we advocated compulsory distribution of modifications, we'd by the same logic indeed have to advocate forcing developers to work, as you've said. Instead, we're saying: _If_ you want to modify software that we've given you freely and then provide your modifications to the public (ie, for non-personal use), _then_ give the users the same freedoms you've been given. It's only fair. You can't say that a world where everyone acts according to this would be a worse one because it may momentarily lack some software.

    (quote about compulsory writing code omitted as it has been addressed in the prior paragraph).

    you BSD guys just don't see non-free software as evil

    Right, because it's not. If someone creates proprietary software I'm no worse of than if they had created nothing, and in fact I may be better off. Even if I only use open source software I'm no worse off because proprietary software doesn't stop me from making or using free alternatives. On the other hand you say

    I disagree, and I hope the reader by now can understand why.

    It's better not to have proprietary software at all: Software will be substituted eventual

  592. Re:GPL is the problem by dgatwood · · Score: 1

    But how many years would you make the cert for? Eventually, all certs expire. That's a real problem with certs.

    There's also the problem of how the user would get the certs. Assuming it's electronic, what's stopping somebody from guessing serial numbers and getting access keys for random people's phones? Not sure how practical that would be to exploit, but I'm sure somebody could come up with a way. :-)

    As a side note, expiration of certs is a problem that really ought to be fixed. As far as I can tell, the only purposes for cert expiration seem to be A. people who are too lazy to revoke their certs, B. the insane overhead that CRLs represent, and C. so that the cert sales people can make more money, of which B. is irrelevant as long as all your clients support OCSP, and A. could be made irrelevant with a little bit of basic management infrastructure on the part of the CA, leaving C. (greed) as the only reason to continue this stupidity. The key to my door doesn't expire after a year. Why should the SSL key for my server?

    And cert expiration is particularly problematic for application signing:

    • Do you continue to trust an app that was signed while the cert was valid after the cert has expired?
    • How can you tell that the cert was still valid when the app was signed? Can you trust those time stamps? So now you need a time stamping server.
    • If you don't care when it was signed, how can you prove that the cert wasn't revoked? (Once the cert has expired, it falls off of any CRLs.)

    It starts to get more and more complex after that, and most of the problems stem from the inability to create a permanent SSL cert.

    So yeah, it's a good idea in principle, but making it work in practice turns out to be more of a pain than it should be, mainly because certs have some serious design flaws. :-)

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  593. Re:GPL is the problem by dgatwood · · Score: 1

    I don't know of any CA that carefully checks all the source code of the requestor to ensure it is not malicious before issuing a certificate.

    To at least some extent, for app store apps, Apple does, albeit with user testing and static analysis on the binaries rather than examining the source code itself. Not before issuing the cert, mind you, but before allowing it on the store. And until it goes on the store, an app can only be run by devices that the developer owns. So in effect, yes, one CA does do this.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  594. Infinite regression by DragonHawk · · Score: 1

    once you've come to an agreement on the meaning of "software freedom"

    Aye, and there's the rub. Most complicated issues quickly get into an infinite regression trying to define terms.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
  595. Re:GPL is the problem by bames53 · · Score: 1

    You simply didn't. Your argument was that since your contribution is free, you're not responsible

    Given that I don't have any problem with people producing proprietary derivatives I don't acknowledge that there's any 'responsibility' to be assigned for it. Really there's only 'credit' to be handed out for any good projects, free or proprietary. ;)

    if others use it to create software which *denies* certain freedoms to their users (maybe that terminology better suits you than "taking away" freedoms, given that you do not see freedoms as rights, but as privileges granted by the monopolist). You are responsible, since you allowed this.

    Yes, labeling that as denying freedoms is a more accurate way to put it (in that it is accurate while "taking away" is not at all accurate).

    About this 'freedoms are only privileges granted by monopolists' comment; you are being disingenuous. The monopolist here is the person producing the work, and the freedoms are the four freedoms protected by the GPL (I'll focus on the first, the freedom to run the program for any purpose). Do you believe that that freedom is a right, and that the 'monopolist,' as you so charitably put it, is violating someone's rights if he does not agree to make his program available to them to use? If so then that's a contradiction with your later assertion that

    privacy trumps hypothetical [ . . . ] social benefit from such code.

    So, no, I don't believe that the four freedoms are rights, and I believe that someone who produces a work is within their rights to provide their work only to people that have agreed to whatever preconditions the producer cares to make, whether those are the terms of the GPL or a proprietary license or anything else.

    (and I believe you know which are 4 freedoms), however, I'd like to point out that you're confusing the original with the derivative here.

    I'm not confusing the original with the derivative, I'm the one making that distinction, which I will do again: When a proprietary derivative is developed not one of those four freedoms is taken away with respect to the original because the original is still free software, and not one of the four freedoms is taken away with respect to the derivative, as those freedoms didn't previously exist. Of course you've already amended the claim from 'taking away freedoms' to 'denying freedoms,' and I will readily admit that proprietary software denies freedoms (but that no rights are violated).

    You assume that we would miss something by not having software that denies most of the freedoms.

    Safe to say.

    But not having _some_ proprietary software is better than the current situation.

    Hard to say, unless you count the existence of proprietary software as bad in and of itself (in which case the whole argument becomes circular I think).

    Any lacking software is sure to be replaced

    Possible, but not actually a sure thing. The question isn't if a given innovation could be reproduced in free software, the question is would it be.

    Free software would fill the missing holes instead of being obstructed as it is now. Fact is, we are missing free software we'd have had it not been for proprietary software schemes.

    Quite possibly, but free software isn't actually being obstructed at all, people are simply choosing to do other things.

    You can't say that a world where everyone acts according to this would be a worse one because it may momentarily lack some software.

    One thing I appreciate is that, to the best of my knowledge RMS has never once advocated using any kind of force or aggressive violence to coerce anyone into making their software 'free' (by his definition). Instead he's done this thing with the GPL where his agenda is advanced when p

  596. Re:GPL is the problem by jabjoe · · Score: 1

    If everyone thinks something means something, that is what it means. Meaning aren't static. Dictionaries need to reflect this else they fall out of date and usefulness. Sorry, but that's reality. You can argue with dictionaries if you want, but I'm not going involved in such madness.

  597. Re:GPL is the problem by SteveFoerster · · Score: 1

    Too late. Besides, you should have pointed out that I was contradicting myself by being opposed to dictionaries as non-state arbiters of order. ;-)

    --
    Space game using normal deck of cards: http://BattleCards.org
  598. Re:GPL is the problem by mysidia · · Score: 1

    If the apps don't share a walled garden you have a lot complexity with intra app communications and signaling. Integration of applications is a major selling point. Just think about making drag and drop work between walled gardens.

    Intra app communications get provided by a framework. Of course the OS itself can pierce walled gardens. Much like the way when you are securing computer networks with a network "air gap", it is possible you can put an indirectly connected proxy server in each isolated network for web access.

    I don't think we'll see inter-app communications completely disappear if MacOS is locked down; however, I think we'll see them more limited to "approved" frameworks.... exactly what apps are allowed to pass between each other may have to go through a broker that imposes certain restrictions.

    I'm thinking content providers / new application providers will be demanding DRM / Trusted computing technology that goes as far as ensuring an application can secure its files (at OS level) against unapproved access.

    Windows 7 is getting there already on trusted computing. Apple may have to lock MacOS down more to compete, for fear content providers will start making "Windows only content" and shun MacOS (due to not having sufficient OS-level "security" to meet publishers demands)

  599. Re:GPL is the problem by paxcoder · · Score: 1

    One thing I appreciate is that, to the best of my knowledge RMS has never once advocated using any kind of force or aggressive violence to coerce anyone into making their software 'free' (by his definition). Instead he's done this thing with the GPL where his agenda is advanced when people voluntarily agree to be bound by its conditions. I heartily support people making such voluntary agreements.

    I'm not sure if there's anything else to discuss here. I see freedom as a must, and you don't. I see freedoms as something that should be necessary given to everyone (much like personal freedom is), which is why I, despite the current law, call it taking freedoms away. And to iterate my argument one last time, your BSD licensed software enables this (whatever the name you choose for it).

    Well you alluded to some proprietary software we'd be better off without and claimed that proprietary software created some kind of obstruction to free software. I still don't see why proprietary software is evil, or why I'm better off not being able to do something I want to (in the case that a free alternative isn't available).

    My argument is that precisely because of the existence of proprietary software, you often may not have free software (alternatives) - eg. graphics drivers come to mind.
    The obstruction I'm talking about is the old-world model of "granting" or even selling licenses (which take away freedoms) pretending there's scarcity where there isn't. This has such deep roots that even the viral nature of GPL has hard time plucking out. BSD, worth noting, does nothing to do help the situation. It enables non-free software to at least always be one step ahead.. So this law-granted monopolistic approach of selling software as if it was a tangible (unreproducable) product is here to stay for a while more.
    Lastly, why is using non-free software worse than nothing at all? Because if there wasn't proprietary software, you would either have a free software version, or nobody would. And in the latter case, this demand would ideally be satisfiable through commercial free software models. Etc.

    I hope this answers your subsequent questions. With this post, I've expressed my opinion as clearly as possible. In the case you disagree, let as not go back and forth forever, but instead recognize that our differences stem from different views on the importance of freedoms.
    Thanks.

  600. Re:GPL is the problem by bames53 · · Score: 1

    I see freedom as a must, and you don't.

    but obviously not all freedoms.

    You didn't answer my comment about the contradiction between the four GPL freedoms being rights and people having a right to not publish their work. Are people free to not publish their work (or to only publish it partially, or to pick and choose who they send it to based on who voluntarily agrees to what conditions), or does that violate everyone elses' right to use the program (and to exercise the other GPL freedoms)?

    which is why I, despite the current law, call it taking freedoms away

    What does law have to do with it? I'm not talking about software patents or anything. I'm talking about whether it's okay or not for an author to choose not to send their work out, or to make decisions about when and to whom they do the work of distributing their program. This is purely about voluntary agreements, not laws.

    My argument is that precisely because of the existence of proprietary software, you often may not have free software (alternatives) - eg. graphics drivers come to mind. The obstruction I'm talking about is the old-world model of "granting" or even selling licenses (which take away freedoms) pretending there's scarcity where there isn't.

    I might accept software patents as an obstruction to free software, but your answer here isn't correct. In cases where there's no free software alternative to some proprietary software, the lack of the free alternative is caused by the proprietary software adequately filling demand. That is not an obstruction.

    Lastly, why is using non-free software worse than nothing at all? Because if there wasn't proprietary software, you would either have a free software version, or nobody would.

    Right, so what it all comes down to is that you don't want other people's demand for software to be met unless your demand is met as well. You prefer that everybody do without rather than allow other people to have their demand met while yours isn't. This isn't because other people want to have and prevent you from having the same, it's because other people have lesser demands and once their lesser demands are satisfied there just aren't enough people with your higher demands to actually justify the resource expenditure* of meeting your higher demands.

    You might find Frederic Bastiat's The Law and Henry Hazlitt's Economics in One Lesson enlightening.

    our differences stem from different views on the importance of freedoms.

    It's not the case that you view freedom as important and I don't.

    *assuming you don't think it's okay to break into the original proprietary developers' computers or force them to open source their work, which would not require much resource expenditure.

  601. Re:GPL is the problem by Risen888 · · Score: 1

    That's obviously untrue. This whole flamethread started with a first post by someone who was saying the GPL was morally wrong.

    --
    Hey, I finally got my first freak! Took you long enough!
  602. Re:GPL is the problem by paxcoder · · Score: 1

    I see freedom as a must, and you don't.

    but obviously not all freedoms.

    Not a quasi-freedom of denying other people their freedoms, no.

    You didn't answer my comment about the contradiction between the four GPL freedoms being rights and people having a right to not publish their work. Are people free to not publish their work (or to only publish it partially, or to pick and choose who they send it to based on who voluntarily agrees to what conditions), or does that violate everyone elses' right to use the program (and to exercise the other GPL freedoms)?

    I believe I have, and i referred to it above. There isn't a contradiction, it's simply a matter of priorities. People are free to withhold publishing the work if such act would compromise their privacy. Differing views behind AGPL which further address the issue of the extent of this freedom may be of interest. I suggest Eben Moglen's Google tech talk, and Bradley .M. Kuhn's general commentary on GPLv3. In any case, GPL is explicit about distribution being the occasion of sharing of code. It is saying: personal use possible, but when sharing modifications, share in fullness, so as to not deny/take away(the comparison still stands, think of children born as slaves) anyone their freedoms.

    which is why I, despite the current law, call it taking freedoms away

    What does law have to do with it? I'm not talking about software patents or anything. I'm talking about whether it's okay or not for an author to choose not to send their work out, or to make decisions about when and to whom they do the work of distributing their program. This is purely about voluntary agreements, not laws.

    There are people who view EULA's as invalid agreements, since noone is actually signing it for the sake of receiving a software copy, it's rather happening post-facto (smth like that, I don't remember). But this is besides the case, I'm not going to argue this. The law I'm talking about is a copyright law, arguably unfit for the digital goods world. It is making able for authors to withhold rights from users. Whether there should not be such a possibility even for original work, I didn't decide yet (but I suggest reading 'Some thoughts on a "Copyright Offensive"' by zotz). However, there is absolutely no reason why one should support this behavior with his free code. Once again, GPL is only fair.

    I might accept software patents as an obstruction to free software, but your answer here isn't correct. In cases where there's no free software alternative to some proprietary software, the lack of the free alternative is caused by the proprietary software adequately filling demand. That is not an obstruction.

    Yes it would, as free software alternative would have less motive to be developed, or that same piece of proprietary code could've itself been free instead.

    Lastly, why is using non-free software worse than nothing at all? Because if there wasn't proprietary software, you would either have a free software version, or nobody would.

    Right, so what it all comes down to is that you don't want other people's demand for software to be met unless your demand is met as well. You prefer that everybody do without rather than allow other people to have their demand met while yours isn't. This isn't because other people want to have and prevent you from having the same, it's because other people have lesser demands and once their lesser demands are satisfied there just aren't enough people with your higher demands to actually justify the resource expenditure* of meeting your higher demands.

    You might find Frederic Bastiat's The Law and Henry Hazlitt's Economics in One Lesson enlightening.

    Or I want all people to have equal freedoms, rather than satisfying for black boxes. Yes, you'r

  603. Re:GPL is the problem by MSG · · Score: 1

    You have the liberty to use the software for any purpose. You also have the liberty to redistribute the software. You are at liberty to do anything other than deprive others of their liberty.

  604. Re:GPL is the problem by MSG · · Score: 1

    As I said in the original post: The GPL is not a free-as-in-beer license. Code has an economic value. Those who receive GPL licensed code are asked to provide continued access to the code and the freedom to use it in return for receiving the same.

  605. Re:GPL is the problem by Anonymous Coward · · Score: 0

    As well they should, considering it's only slightly mangled from "begging for the question" which would be a perfectly valid way of phrasing such a thing. Compared to the 'proper' usage of "begging the question" which is both mangled english and a mistranslation in the first place.

  606. Re:GPL is the problem by bames53 · · Score: 1

    Not a quasi-freedom of denying other people their freedoms, no.

    So what do you think about the freedom to prevent people from using a binary for which the source is not published? Do you think it’s okay to stop people from using those binaries?

    There isn't a contradiction, it's simply a matter of priorities. People are free to withhold publishing the work if such act would compromise their privacy.

    So if someone sees publishing the binary as not reducing their privacy but publishing the source as doing so I guess you’d support them publishing only the binary? Or is that yet another contradiction?

    There are people who view EULA's as invalid agreements, since noone is actually signing it for the sake of receiving a software copy

    That’s fine, for the sake of argument I’m only considering agreements made up front. Those other issues are beside the point.

    Yes it would, as free software alternative would have less motive to be developed,

    Lack of motive is not an obstruction; there is not a thing that imposing a restriction. There is simply no one who cares to do. If you care then nothing’s stopping you.

    or that same piece of proprietary code could've itself been free instead.

    Right, but they didn’t so you either use violence to make them open-source their project or someone has to redo the work.

    Or I want all people to have equal freedoms, rather than satisfying for black boxes. Yes, you're right. To make an analogy, I would, given an opportunity, vote against some big brother law, or a police state law, while others might find it great to live under such law, having their "practical" needs met, or simply not knowing anything else / any better.

    Another bad analogy. Arguing by analogy is usually not successful since often making such analogies requires the other party to take things for granted for which no argument has been presented, and also because analogies almost universally have flaws. In this case you’re talking about voting when it's not clear that voting is analogous to what you’re advocating, you’re talking about a police state forcibly imposed on everyone (regardless of their vote) when that’s not actually analogous to allowing someone somewhere to create proprietary software, and more flaws besides. Come to think of it, your analogy could be marginally improved if you switched it to say you’re voting in favor of the police state, but the analogy would still be bad.

    All evidence speaks to the contrary. Eg. you refuse to recognize reciprocity as good.

    false. it’s good when someone contributes to an open source work and makes their contribution open source.

    And while you defend author's "right" to take away freedoms

    You mean deny, not take away, and yes because the alternative is that an author can’t deny others the ‘freedom’ to get onto the author’s computer and take unpublished work, whether that’s the whole work, or just the unpublished source to a published binary. It's not 'a matter of priorities,' the two are absolutely mutually exclusive.

    , you argue against of a right to take away "the freedom" to take away freedoms (no, i'm not giving up on this terminology just yet).

    In fact I have explicitly acknowledged that it’s perfectly okay for an author of an original work to say that people can only make derivatives if they allow others the same access to the derivatives (and make the same demand for 'reciprocity'). I don’t think you could have gotten the idea that I think otherwise from reading anything I’ve written.

  607. Re:GPL is the problem by paxcoder · · Score: 1

    I have written a long reply and decided to discard it, and end the convo. I've said what I wanted to say. There's no benefit in repeating that, people can understand what you're saying and what I'm saying (freedoms != privileges) by now perfectly fine.

  608. Re:GPL is the problem by bames53 · · Score: 1

    Well perhaps you could at least answer a couple of the questions I asked earlier:

    If someone chooses to publish a binary to their original work without publishing the source, is that okay with you? If not what should be done about it?

    If someone uses a binary for which no source has been published is that okay? If not what should be done about it?

  609. Re:GPL is the problem by paxcoder · · Score: 1

    If you want me to. But please don't make this an excuse to re-start the conversation then (if at all possible).

    I apologize in advance for not making my first answer black or white (yes, or no) for you, as you'd probably like it. I honestly don't see it black and white. So here's my answer: Denying source code of a published original work (which does not integrate or build upon free software) is not a right. I tolerate it, because the big part of the industry relies on it, and I don't want to take anyone's bread away over night. However, I fully support copyleft efforts of changing that. So, not a right (as in: freedom), simply how the law works now. But if the law was different, if it mandated that software was free, I wouldn't have a problem with that. In fact I'd support that law. And before you think you've got me again, please understand for once that I'm not talking about practical benefits for the society. And I certainly do not superimpose those above freedoms. "Your freedom to swing your fits ends where my nose begins". That is, it's not by denying freedoms (a freedom not to slave over a piece of code) that we should try to secure freedoms for the users. And mandating software to be free does not do that - it doesn't compromise RL freedoms. It just takes away a "right" to monopoly of one's own source. I don't consider monopoly to be beneficial for the society. So steps to take are 1) viral copyleft, 2) copyright reform (perhaps.. in the future).

    Now, using software with no source is ok. However, this does not excuse the proprietor for not releasing the source. You'll have to forgive another analogy, but I personally view proprietary software users very much like I view smokers. That is, the evident demand for cigarettes does not exonerate tobacco manufacturers, or cigarette sellers. Using this stuff should not be criminalized just like that, but producing the stuff? That's another matter.

    Peace be with you.
    P.S. You might perhaps want to check out the idea of "Distributism" (as opposed to both capitalism and socialism). I think it fits very well with free software, and a free software commercial model I've presented in http://www.freesoftwaremagazine.com/community_posts/pay_patch_free_software_market_model

  610. Re:GPL is the problem by bames53 · · Score: 1

    Hmmm, I saw a reply to this earlier but I don't see it any more. I'll just have to respond to it from memory.

    Your answers seemed pretty black and white to me. I'm glad that you at least don't advocate prohibiting people from obtaining programs for which no source is available (i.e., you don't advocate prohibiting people from obtaining 'unapproved' software). I had been hopeful of receiving a similar answer to the other question; that, while you might feel it's less than morally upright to give away software without giving the source as well, no crime is being committed so really social pressure is the only way to handle it. Instead you went full bore and said that not only does an original author have no right to withhold source from anyone to whom the binary has been provided, but that a law prohibiting such withholding would be just (Bastiat's The Law is critical reading on the subject of just laws). Clearly you don't believe in natural rights, so just what is your theory of rights? With all your talk of laws perhaps you're a legal rights purist or something?

    The two actions you mentioned for dealing with the above crime were 1) viral copyleft and 2) copyright reform. I've already mentioned that I have no argument with the GPL, at least in terms of the mechanism it uses (voluntary agreements), but I don't get your second recommendation at all. As far as I can tell copyright is entirely beside the issue. For example imagine a software developer on his porch offering disks containing a software binary he's created to passersby while the source exists only as encrypted data on his private computer. He's making no use whatsoever of copyright, so how exactly is this deviant behavior to be corrected?

    I only see two ways for the law to force him to behave 'correctly.' Either he's prevented from handing out disks, or stormtroopers break into his house to 'liberate' the source on his computer. You mentioned something about not stopping people from exercising their freedoms in order to guarantee other people their own, so I guess you don't want to stop him from handing out disks. So can I take it that you'd opt for the home invasion solution? This is pretty much exactly what I was thinking when I suggested earlier that your position was more akin to voting in favor of a police state than against it.

    Random replies to statements I recall were made in the (deleted?) post:

    Really, how you can argue that what this developer is doing is like punching someone (who? Everyone in the world I guess?) in the face is beyond me.

    Whether you (mis)label it 'monopoly' or just 'respect for property rights,' I do think it's critical to a society free and prosperous for all. I think history (think French and Soviet revolutions) supports me on this.

    Something about 'distributism'. It sounds pretty much like capitalism to me except that it tries to distinguish itself by hoping that property will be pretty evenly distributed. So basically the same as free-market capitalism as understood by most free market advocates. It is definitely different from socialism and crony capitalism though.

    You mentioned an article that I guess you wrote, 'Pay Per Patch: A Free Software Market Model.' Seems like a fine idea to try. You should start a business providing the service.

  611. Re:GPL is the problem by bames53 · · Score: 1

    Ah, here we are. For some reason I wasn't seeing this post when I wanted to reply earlier. Here's the reply I wrote:

    Your answers seemed pretty black and white to me. I'm glad that you at least don't advocate prohibiting people from obtaining programs for which no source is available (i.e., you don't advocate prohibiting people from obtaining 'unapproved' software). I had been hopeful of receiving a similar answer to the other question; that, while you might feel it's less than morally upright to give away software without giving the source as well, no crime is being committed so really social pressure is the only way to handle it. Instead you went full bore and said that not only does an original author have no right to withhold source from anyone to whom the binary has been provided, but that a law prohibiting such withholding would be just (Bastiat's The Law is critical reading on the subject of just laws). Clearly you don't believe in natural rights, so just what is your theory of rights? With all your talk of laws perhaps you're a legal rights purist or something?

    The two actions you mentioned for dealing with the above crime were 1) viral copyleft and 2) copyright reform. I've already mentioned that I have no argument with the GPL, at least in terms of the mechanism it uses (voluntary agreements), but I don't get your second recommendation at all. As far as I can tell copyright is entirely beside the issue. For example imagine a software developer on his porch offering disks containing a software binary he's created to passersby while the source exists only as encrypted data on his private computer. He's making no use whatsoever of copyright, so how exactly is this deviant behavior to be corrected?

    I only see two ways for the law to force him to behave 'correctly.' Either he's prevented from handing out disks, or stormtroopers break into his house to 'liberate' the source on his computer. You mentioned something about not stopping people from exercising their freedoms in order to guarantee other people their own, so I guess you don't want to stop him from handing out disks. So can I take it that you'd opt for the home invasion solution? This is pretty much exactly what I was thinking when I suggested earlier that your position was more akin to voting in favor of a police state than against it.

    Random replies to statements I recall were made in the (deleted?) post:

    Really, how you can argue that what this developer is doing is like punching someone (who? Everyone in the world I guess?) in the face is beyond me.

    Whether you (mis)label it 'monopoly' or just 'respect for property rights,' I do think it's critical to a society free and prosperous for all. I think history (think French and Soviet revolutions) supports me on this.

    Something about 'distributism'. It sounds pretty much like capitalism to me except that it tries to distinguish itself by hoping that property will be pretty evenly distributed. So basically the same as free-market capitalism as understood by most free market advocates. It is definitely different from socialism and crony capitalism though.

    You mentioned an article that I guess you wrote, 'Pay Per Patch: A Free Software Market Model.' Seems like a fine idea to try. You should start a business providing the service.

  612. Re:GPL is the problem by paxcoder · · Score: 1

    Clearly you don't believe in natural rights, so just what is your theory of rights? With all your talk of laws perhaps you're a legal rights purist or something?

    Oh, but I do believe in natural rights, property included. However, I, much like Donald Knuth, lump code in the same category as math. I don't believe one should own math or software or be able to have patents on it. The problem is, as you rightly note, that software algorithms can be distributed in an obfuscated form - binary/executable. I don't believe this to be an inherent right of the source code copyright holder, and I don't see why I would (which should explain why I think making distributing binaries alone illegal isn't a big deal). Copyright itself is a late invention, with concepts inherited from the licensed printers, which are themselves a product of governmental bans on printing books. While I might see a benefit for it in the realm of books, I'm not convinced the same arguments applicable there can be also applied to software. You're welcome to convince me otherwise. I'd be glad to hear your arguments, because I admit (and I believe I've said so before), I'm not completely convinced in a copyright reform myself. Why do I keep saying "copyright"? Because it is copyright that grants users rights to take away/withold freedoms.
    I also believe this whole thing to be an issue of the copyright law because simply changing the form of the work doesn't make a new work. That is, compiled code is still that hidden source code even though it's in a (less)convenient form for the users. Similarly, if I were to compile leaked CounterStrike source, or Windows NT source, I wouldn't make an original product. I hope this makes sense.

    I should note that even if you manage to convince me that source code is personal property regardless of its compiled form is given to the public, it still doesn't mean BSD is a good thing. There is absolutely no reason as to why one should (want to) support the opposing, non-free camp, if one cares about freedoms. Non-free software companies like to leech, I understand their motives. But the free software author's? Doesn't make sense to me.

  613. Re:GPL is the problem by bames53 · · Score: 1

    While I might see a benefit for it in the realm of books, I'm not convinced the same arguments applicable there can be also applied to software. You're welcome to convince me otherwise.

    Here's the thing, I don't want to convince you otherwise because I don't think copyright is relevant. In the case I described earlier, of an individual offering binaries to passersby from his porch, it is not copyright that is protecting the source from distribution.

    Think about what copyright actually does for a moment. Copyright says that a person who holds a particular expression is prohibited from duplicating it without permission, with the intent of addressing the perceived incentive problem for original authors of such expressions. That is, copyright applies when the act of duplication is physically possible but perceived as harmful. Copyright is irrelevant to my story about porch distributed software for two reasons, first because the act of duplication is not physically possible and there is therefore no one to exercise this freedom that can be prohibited from doing so. Second, because the fact that the man on the porch is the copyright holder isn't really relevant to my point. Imagine that he is not the author, imagine instead that he got the source code from a friend, and then the friend forgot about it, and then died, with no heirs, 100 years ago so it wouldn't be covered by copyright anymore anyway. Despite this lack of copyright protection we still have a man distributing binaries to software of which he is in sole possession of the original source. You may argue that he is despicable and mean spirited for failing to distribute the source, but you can't argue that someone wishing to obtain the source need violate no rights but copyright.

    I also believe this whole thing to be an issue of the copyright law because simply changing the form of the work doesn't make a new work. That is, compiled code is still that hidden source code even though it's in a (less)convenient form for the users.

    Why even include the change in form? Imagine that we both possess copies of the same work in the same form. Does the fact that I have a copy mean you have no right to withhold your copy from me? Whether a mathematical proof we both printed out, or a book, or an art print, or a piece of software, why should I have to get your permission in order to access the copy in your possession? Why should anyone have to obtain the permission of the man on the porch in order to access the copy of the source in his possession? What I don't see is what the need to obtain such permission has to do with copyright.

    Perhaps you'll agree with me that it is absurd to deny that such permission is necessary, but then we come back again to the only other remedy I can see: prohibiting the man from passing out disks.

    That is, it's not by denying freedoms [...] that we should try to secure freedoms for the users. And mandating software to be free does not do that - it doesn't compromise RL freedoms.

    It seems to me that such a prohibition would be a clear violation of a 'real life' freedom, indeed, of a real life right; free speech.

  614. Re:GPL is the problem by paxcoder · · Score: 1

    Would you please drop it? I'm never gonna say that it's ok to take away someone's source code by invading his home. That is not to say the author shouldn't be obliged to provide source code. Fines on binary-only distributors are fine.

  615. Re:GPL is the problem by bames53 · · Score: 1

    A lot of people accept fines and such as a more benign form of coercion, but it's really no better in principal. Especially in this case, it should be clear that this is simply trading one problem for another of the same kind; how shall the fine be collected, if the man refuses to give in to threats?

    Of course in practice most people do give in to threats so the results aren't as grisly and people who support it can sleep at night, but it's really no different than when people give up their wallets in the face of muggers' threats.

  616. Re:GPL is the problem by paxcoder · · Score: 1

    Rules and regulations don't enforce themselves. Also note that the same thing you've described happens to people when they pirate or reverse engineer things, because the law grants author such rights. I'd much rather advocate pro-freedom laws.

  617. Re:GPL is the problem by bames53 · · Score: 1

    That's a good point. You'll notice that we do in fact have police raids over piracy and reverse engineering cases. Why should we advocate the elimination of such injustices if we're only going to replace them with more of the same?

    Just in case you haven't already read it: http://bastiat.org/en/the_law.html#SECTION_G002

  618. Re:GPL is the problem by DamnStupidElf · · Score: 1

    You assume its because Apple is evil. I assume its because they want to make money. We end up with entirely different reasons for what they are doing.

    The two possibilities are not necessarily disjoint. I wouldn't ascribe malice to Apple, merely the typical amoral corporatism. The GPLv3 attempts to formalize a small aspect of (some people's) morality, and it's interesting to see how corporations respond.

  619. Re:GPL is the problem by paxcoder · · Score: 1

    Because it's a dichotomy. What else is there? The only alternative to both is anarchy, which I consider an intrinsically doomed idea.
    A lot of text behind that url, but it seems it is (surprisingly) trying to present anarchy as God-made. I don't believe so. But, is there any specific chapter you want me to read right now?
    There are works concerning the issue we've come to discuss (I think st. Augustine and Thomas Aquinas), but I haven't read them, so I can't be of much help other than to say: whatever Church preaches to be true, I concur. My own "philosophy" is in that regard still superficial - it deals with the current order of the world, rather than trying to imagine an idealistic one (in most cases anyway).

  620. Re:GPL is the problem by bames53 · · Score: 1

    The references to God aren't really necessary to the argument. It might as easily begin "We take these truths to be self evident," but whether the source of the rights is taken to be God or something else, as long as the existance of the rights Bastiat posits is accepted then the argument should hold together.

    Nor is anarchy necessary. In fact The Law points out that as long as law is restricted to its rightful purpose the form of government is immaterial. (Of course, as a practical matter the form of goverment is important because the different forms have different characteristics in terms of how likely they are to try to restrict law to its rightful purpose and to what injustices they are prone.) So it may seem like it's advocating anarchy, since it places an outer boundry on law (which has probably been far exceeded by every nation ever) and only gives passing reference to an inner boundary, but I don't think it's incompatible with other forms of governance.

    In this case I don't think there's really a problematic dichotomy between laws that permit the use of force to keep some information secret and laws that mandate some information not be held secret. It's true that in some cases they are mutually exclusive and that one might identify the law taking neither side as anarchy, but I think it's an invalid equivocation to take the improbability of complete anarchy (the law remaining silent on every issue) as an argument against the law remaining silent on one particular issue. And that's what makes The Law important, it tries to identify and argue for a particular conception of when laws are okay, and on what issues the law should remain silent, leaving the advancement of those issues to institutions other than force.

    On that note, I recomend reading the whole thing, because the arguments rely and build on each other. It's longer than a typical article, but it's a really tiny book. Perhaps a kindle version would make the read more comfortable. However here are some sections that I think contain particularly relevant or important conclusions and bits of the argument: "What is Law?" "How to Identify Legal Plunder" (when he talks about taking things that belong to someone, don't think in ephemeral terms like 'information,' instead think in concrete physical terms such as 'the book in which a novel mathematical proof has been written,' or 'the money of a fine levied against someone refusing to publish source'), "Law Is Force," "Law Is a Negative Concept," and "Law and Charity Are Not the Same"

  621. Re:GPL is the problem by paxcoder · · Score: 1

    Will read when i get the chance. I hope. Thanks for the conversation.