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GPL, Copyleft Use Declining Fast

itwbennett writes "Use of the GPL, LGPL, and AGPL set of licenses is declining at an accelerating rate, according to new analysis by the 451 Group's Matthew Aslett. In fact, the 451 Group projects that GPL usage will hit 50% by September 2012. Instead, developers are licensing projects under permissive licenses such as the MIT, Apache (ASL), BSD, and Ms-PL. The shift started in 2007 and has been gathering momentum ever since. Blogger Brian Proffitt posits that 'the creation of the GPLv3 and the sometimes contentious discussion that led up to it' may be partly responsible for the move away from the GPL."

808 comments

  1. BSD license was always more permissive, so great by InsightIn140Bytes · · Score: 4, Insightful

    GPL caused too many problems for companies and tried to enforce all software to be open source. GPL itself was very restrictive license, and it's great to see more open licenses like BSD and Apache gaining usage fast.

  2. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 5, Insightful

    I don't see why anyone would not want to use the GPL if they want their software to be free and open. Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back? Maybe these developers are hoping to get bought out by a large company someday?

  3. Re:BSD license was always more permissive, so grea by garaged · · Score: 1

    everything has pros and cons, we can have something good for "economics" but bad for society as a whole

    That is what happens with GPL and BSD

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  4. Re:BSD license was always more permissive, so grea by houstonbofh · · Score: 0

    The alternative licenses mostly give you more freedom to make money. Making money with the GPL requires a LOT more diligence since v3 came out. But at least they won the battle...

  5. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 5, Insightful

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it. Freedom isn't picking who gets to enjoy that "freedom" based on some rules.

  6. GPLv3 threw out the baby with the bathwater... by Anonymous Coward · · Score: 2, Insightful

    When companies realized that if they ship GPL v3 code in any way, shape, or form, a customer could demand any trade secrets from them, the legal bean counters went nuts.

    An example would be a machine that skins oranges. Any GPL v3 code used in the machine would force the maker to hand over to customers on request the CAD blueprints for the mechanisms, the timing involved, down to the color of the engineer farts when the thing is put together.

    I personally have seen companies who had to re-engineer a whole embedded controller from Linux to Windows CE just so they did not bump into GPL v3 issues.

    1. Re:GPLv3 threw out the baby with the bathwater... by mossholderm · · Score: 3, Informative

      "I personally have seen companies who had to re-engineer a whole embedded controller from Linux to Windows CE just so they did not bump into GPL v3 issues."

      Too bad for them, since most of Linux isn't GPL v3. The kernel certainly isn't and huge portions of userspace aren't either... ESPECIALLY in the embedded space, where people use slimmer versions of things like libc.

    2. Re:GPLv3 threw out the baby with the bathwater... by garaged · · Score: 1

      and of course that was more profitable than actually being competitive :D nice

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    3. Re:GPLv3 threw out the baby with the bathwater... by shentino · · Score: 1

      And yet trade secrets are just like patents and copyrights in that their main purpose is to keep the competition out in the cold.

      Companies that reject the GPL are doing so out of spite for end user freedom, or fear of same from competitors.

    4. Re:GPLv3 threw out the baby with the bathwater... by maroberts · · Score: 1

      I personally have seen companies who had to re-engineer a whole embedded controller from Linux to Windows CE just so they did not bump into GPL v3 issues.

      Which seems to be examples of poor decision making as Linux has remained on GPL v2 and there are no plans to change its status. This is a little ironic as I believe one motivating factor was the "Tivo-isation" of Linux in a certain brand of set top boxes/ recorders

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    5. Re:GPLv3 threw out the baby with the bathwater... by Anonymous Coward · · Score: 0

      Too bad for them, since most of Linux isn't GPL v3....

      "Most? Well there you have it, the apple is only partially poisoned. That's good to know.

    6. Re:GPLv3 threw out the baby with the bathwater... by tepples · · Score: 0

      Too bad for them, since most of Linux isn't GPL v3.

      No, it's worse. Raenex discovered an oversight in GPLv2's definition of "work based on the Program", meaning that if a software distribution includes at least one GPLv2 program, the whole distribution is a "work based on the Program". True, the FSF likes to claim that low coupling on a multitasking operating system turns "work based on the Program" into "mere aggregation", and this may be true of the GPLv3, but that's not what the letter of the GPLv2 says according to Raenex.

    7. Re:GPLv3 threw out the baby with the bathwater... by Anonymous Coward · · Score: 1

      "Raenex discovered an oversight in GPLv2's definition"

      That's ONE opinion and certainly not one that's widely shared because it takes a very expansive view of what constitutions a "work". To say that two programs that were independently developed constitution a single work simple because they are distributed together (normally considered aggregation) is a rather unique viewpoint.

    8. Re:GPLv3 threw out the baby with the bathwater... by arose · · Score: 3, Informative

      Any GPL v3 code used in the machine would force the maker to hand over to customers on request the CAD blueprints for the mechanisms, the timing involved, down to the color of the engineer farts when the thing is put together.

      FUD with modpoints is still FUD. If the user can replace the software you're green, now go troll somewhere else.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    9. Re:GPLv3 threw out the baby with the bathwater... by caseih · · Score: 5, Insightful

      Sounds like you needed more competent lawyers then. Linux itself is GPLv2 only, and unlikely to ever change (unless you can simultaneously convince several thousand copyright holders). And any part of userspace that is GPLv3 can easily be replaced with BSD or even proprietary counterparts if you really wanted to.

      If you're going to make a statement like "Any GPL v3 code used in the machine would force the maker to hand over to customers on request the CAD blueprints for the mechanisms, the timing involved, down to the color of the engineer farts when the thing is put together," you need to give us evidence. I've read the GPLv3 and I can't think of any clause that would support your statement. I am curious to know what parts fo the GPLv3 you are referring to.

      On the other hand, the company stood to benefit from someone else's work without any monetary payment. Now they are paying for what they are using (Windows CE). In some ways the situation with Windows CE is now much more honest. Instead of trying to use linux and get away with it without complying with the license, they are now paying Microsoft for each and every unit shipped (essentially).

      Hearing stories like this makes me very grateful that Torvalds had the foresight to use the GPL. Things aren't all well (tivoization), but they could be much much worse. I firmly believe that Linux is what it is because of the GPL. If not for the GPL IBM would never have invested so heavily in it. The GPL ensures that IBM's contributions cannot be used against it, while at the same time mutually benefiting the whole project. Apple chose a different way by blending parts of the BSD kernel with Mach. Has that helped BSD much? Only in exposure. I don't know of any Apple subsystems that have made their way back into BSD.

    10. Re:GPLv3 threw out the baby with the bathwater... by Anonymous Coward · · Score: 2

      When companies realized that if they ship GPL v3 code in any way, shape, or form, a customer could demand any trade secrets from them, the legal bean counters went nuts.

      Actually, the entire point of GPL3 vs. GPL2 is that GPL prevents lockdown of the source code by non-copyright means. That's all.

      You can't patent the algorithm and then license code under GPL and few years later demand license fees for patent.

      People don't bother with GPL as much because most companies will avoid GPL libraries precisely because they want something more open. Hence, a lot of people will license under BSD, especially things like small libraries. Even Qt was licensed under LGPL. GPL only Qt is not very useful to me, but LGPL, is very useful.

      Frankly, if you want your application to remain free, GPL is a great choice. If you want to have your library to be used as widely as possible by as many as possible, then LGPL or BSD is probably a better choice.

      CAPTCHA: patent

    11. Re:GPLv3 threw out the baby with the bathwater... by Guy+Harris · · Score: 1

      No, it's worse. Raenex discovered an oversight in GPLv2's definition of "work based on the Program", meaning that if a software distribution includes at least one GPLv2 program, the whole distribution is a "work based on the Program". True, the FSF likes to claim that low coupling on a multitasking operating system turns "work based on the Program" into "mere aggregation", and this may be true of the GPLv3, but that's not what the letter of the GPLv2 says according to Raenex.

      Raenex also says "Anyways, what really counts is what the license says, what the copyright holder thinks (only he has grounds to sue), and what a judge decides." (emphasis mine), so it's not settled (common) law yet that "if a software distribution includes at least one GPLv2 program, the whole distribution is a "work based on the Program"". (I don't know how this works in non-common-law jurisdictions.)

      I can think of one company that provides "a software distribution includes at least one GPLv2 program", doesn't make source available to a huge chunk of that software distribution, and that has a large legal department that would probably weigh in on this, so I wouldn't assume things will necessarily go that way.

    12. Re:GPLv3 threw out the baby with the bathwater... by fnj · · Score: 1

      Too bad for them also because if they decided for whatever reason that they did have to switch, they could have switched to BSD instead of Windows. That way they would have ended up with a good system comparable to linux rather than a piece of crap that Windows is.

    13. Re:GPLv3 threw out the baby with the bathwater... by toriver · · Score: 1

      What? Patents are PUBLISHED, so the competition can read them and come up with a different (and theoretically better) way of doing things. The GPL is a copyright-dependent license - without copyright, everything would in effect be "BSD sans attribution" licensed.

    14. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      There is some very serious questions of standing. Moreover, the GPL includes a clause allowing an upgrade. By releasing the code under a GPL license I think someone could release a version of the kernel under GPLv3 without developers agreeing. The controversy is that for the v3 clause to take effect Linus needs to invoke it and Linus doesn't believe he has that legal authority.
      '
      As for Apple subsystems that are in BSD
      launchd was written in 2005 for BSD type systems
      ported as an option to FreeBSD that year
      launchd in FreeBSD 2008

    15. Re:GPLv3 threw out the baby with the bathwater... by Jonner · · Score: 1

      When companies realized that if they ship GPL v3 code in any way, shape, or form, a customer could demand any trade secrets from them, the legal bean counters went nuts.

      An example would be a machine that skins oranges. Any GPL v3 code used in the machine would force the maker to hand over to customers on request the CAD blueprints for the mechanisms, the timing involved, down to the color of the engineer farts when the thing is put together.

      I personally have seen companies who had to re-engineer a whole embedded controller from Linux to Windows CE just so they did not bump into GPL v3 issues.

      This is completely bullshit. No version of the GPL says anything about trade secrets. GPL v3 does add language about patents, which are logically and legally distinct. The other reason the above is obviously false is that Linux has always been under GPL v2 and there's little chance it will be relicensed under v3 any time soon.

    16. Re:GPLv3 threw out the baby with the bathwater... by caseih · · Score: 1

      The Linux kernel is released under the GPLv2 only. Read the license. It does not have that clause in it. The license comes with every kernel source package.

      As for the BSD thing I am not referring to that at all. I'm referring to the BSD kernel proper. Did Apple contribute HFS+ back to BSD? Offhand I can't think of any apple subsystem that made its way into BSD. Mach-O loader? no. HFS+? no sure. Userspace is an entirely different, and parts of it are easily replaceable by code under any license.

    17. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      I know that it isn't included in the license, and that may or may not matter. It is in the explanatory text and it is in the form of the license (which is the FSF's version). I don't see how a kernel developer is going to win a lawsuit against someone distributing a GPLv3 kernel.

      As for BSD the XNU kernel is not used by any other BSD. Free, Open and Net BSD have essentially nothing in common at a kernel level with OSX. Frankly the kernel that has the most Mach/XNU code in it other than OSX is NT which has some common code from a common (grand)parent, the Accent kernel. The contribution of Apple as far as the kernel is an open source XNU kernel which you could use in place of the BSD kernels to create a BSD.

    18. Re:GPLv3 threw out the baby with the bathwater... by shutdown+-p+now · · Score: 1

      There's no clause in the GPL itself that permits such upgrade. What it does is spell out the formula that can be used by a developer to indicate that he wants to opt into upgrading:

      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.

      And then the copyright notice for Linux states:

      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.

      Since it does explicitly specify the version number, and does not invoke "any later version", there's no option to redistribute under GPLv3.

    19. Re:GPLv3 threw out the baby with the bathwater... by unixisc · · Score: 1

      I personally have seen companies who had to re-engineer a whole embedded controller from Linux to Windows CE just so they did not bump into GPL v3 issues.

      At some point, in the long run, it would be in the best interests of Linux to replace the GNU userland w/ others, such as BSD, so that GPL3 doesn't scare off its customers. As others point out above, the Linux kernel itself is just GPL2, so just put on top of it other userland, so that the GPL3 baggage doesn't stay.

      In the meantime, the FSF guys should seriously resume working on Hurd, instead of lecturing the rest of us about software freedom.

    20. Re:GPLv3 threw out the baby with the bathwater... by perryizgr8 · · Score: 1

      I don't know of any Apple subsystems that have made their way back into BSD.

      so? why do you want apple's code? if they don't want to give it to you. why is forcing gpl on everyone who wants to use your freely available code better than bsd or mit?
      this is like small kids saying "i'll show you mine if you show me yours". if you want to share your code, share it. don't make me do the same in return. if you don't want to share your code, don't. and most of all don't pretend to encourage freedom when all you want is tit-for-tat behavior.

      --
      Wealth is the gift that keeps on giving.
    21. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      That's not quite the issue.

      A writes some GPLv2 code call it X and puts it in the kernel.
      B takes X takes a subset of it X'. X' is under GPLv2.
      B takes X' and mixes it with some code Y for which he has copyright, creating X'+Y. He releases the the combined work under GPLv3.
      C takes X'+Y and violates the GPLv3 but not GPLv2.
      D takes X'+Y and violates both the GPLv3 and GPLv2.

      1) Is B's release legal? Is GPLv2 compatible with GPLv3 or does the upgrade ban B from releasing X'+Y under GPLv3? Has B created a license which is unenforcible. If so, how is the new product licensed or is it just a violation of A's code and nothing more? Remember, Linus' claim is meaningless if it just applies to X', the real question is whether the can claim copyright authority over X'+Y on the basis of some sort of leadership over X'.

      2) Can A sue B and win? Make it worse assume that X involves code from A1, A2, A3 and A4 with A1 and A2 granting permission while A3 and A4 don't. Does the fact that A1-A4 wrote their code solely for a collective work create collective responsibility? The popular answer on /. is no A3 and A4 retain all rights to subsets. But AFAIK courts do not look at things that way.

      3) Can B sue C? Remember if the answer is yes then B has just upgraded the kernel to GPLv3. If the the answer is no, then you agree that once any part of the code license becomes questionable the whole thing unenforcible. This is exactly the situation with the entire kernel.

      4) Can B sue D? What about A can he sue D?

      I don't think this is clear cut at all.

    22. Re:GPLv3 threw out the baby with the bathwater... by TheRaven64 · · Score: 1

      I'm referring to the BSD kernel proper

      Which BSD kernel? The XNU kernel that Apple uses? They release all of the sources. It's based on CMU Mach, 4BSD, and has more recently some code from the FreeBSD kernel.

      Did Apple contribute HFS+ back to BSD?

      You mean this code? It's APSL, and someone did port it to FreeBSD, but no one really cared so it bit rotted.

      Offhand I can't think of any apple subsystem that made its way into BSD

      How about the pthread_workqueue_*() family of functions? They are used by libdispatch to manage a pool of worker threads.

      Mach-O loader? no

      Why would any BSD want to switch from ELF to Mach-O? You probably could replace rtld with dyld, but what would be the point?

      HFS+? no sure

      Was ported, no one cared, it died.

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      I am TheRaven on Soylent News
    23. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1

      That's _exactly_ the issue. The Linux kernel _can't_ be automagically be relicensed as GPLv3 and thus fails your example because X' is GPLv2 only. Actually, when A wants to put his GPLv2 or newer code in the kernel he will have to relicense it to GPLv2 only or it just won't be accepted because the kernel is GPLv2 only. Userspace may be different, true, but userspace is not the kernel.

    24. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      Follow the chain. And then prove it, don't just assert it.

    25. Re:GPLv3 threw out the baby with the bathwater... by Guy+Harris · · Score: 1

      Free, Open and Net BSD have essentially nothing in common at a kernel level with OSX.

      Well, I wouldn't go that far. There are a number of subsystems and in-kernel programming interfaces that differ, in varying degrees, from those in other *BSDs - but, then again, that's also true of ${X}BSD and ${Y}BSD for all values of X and Y. However, a lot of kernel code can be moved between members of the set {XNU, FreeBSD kernel, OpenBSD kernel, NetBSD kernel}, and such code has been moved.

      However, that is a bit of an obstacle to Apple "giving back" code, especially kernel code, as it would involve Apple doing work to port that code to the BSD in question.

      Frankly the kernel that has the most Mach/XNU code in it other than OSX is NT which has some common code from a common (grand)parent, the Accent kernel.

      Does NT share code with Accent or Mach, or does it just share concepts with it?

      It shares no "XNU" code, in the sense of "stuff Apple's done"; for example, the interface into which file systems plug in XNU is somewhat similar to the interfaces into which they plug in the *BSDs, and the programming interfaces for kernel services they use vary from "similar to the ones in the *BSDs" to "significantly different form the ones in the *BSDs", but the interface into which file systems plug in NT is not very much like that of XNU or any of the *BSDs, and the programming interfaces for the kernel services aren't very much like those, either.

    26. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1

      A writes some GPLv2 code call it X and puts it in the kernel.

      And it becomes GPLv2 only or it infringes the kernel's license.

      B takes X takes a subset of it X'. X' is under GPLv2.

      No, it is under GPLv2 only.

      B takes X' and mixes it with some code Y for which he has copyright, creating X'+Y. He releases the the combined work under GPLv3.

      Which he can't because X' can't be GPLv3 as it is GPLv2 only. Do I need to go further? Your whole chain fails in the beginning because the Linux kernel is GPLv2 without the "or later" option so you can't take it and relicense it as GPLv3.

    27. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1
      Just in case, here's another possible interpretation:

      A writes some GPLv2 code call it X and puts it in the kernel.

      Which makes the copy of X in the kernel GPLv2 with no option to change to GPLv3 or it can't enter the kernel.

      B takes X takes a subset of it X'. X' is under GPLv2.

      This can only happen if B is taking X from the standard GPLv2 source, not the Linux kernel.

      B takes X' and mixes it with some code Y for which he has copyright, creating X'+Y. He releases the the combined work under GPLv3.

      Correct as long as X' isn't taken from the X version in the Linux kernel.

      C takes X'+Y and violates the GPLv3 but not GPLv2.
      D takes X'+Y and violates both the GPLv3 and GPLv2.

      1) Is B's release legal? Is GPLv2 compatible with GPLv3 or does the upgrade ban B from releasing X'+Y under GPLv3? Has B created a license which is unenforcible. If so, how is the new product licensed or is it just a violation of A's code and nothing more? Remember, Linus' claim is meaningless if it just applies to X', the real question is whether the can claim copyright authority over X'+Y on the basis of some sort of leadership over X'.

      B's release is legal as long as X' doesn't derive from the GPLv2-only Linux kernel, which may happen if A publishes X as GPLv2. Since standard GPLv2 is forward compatible with GPLv3 you may relicense standard GPLv2 code as standard GPLv3 code. But you can't take GPLv2 only code from the Linux kernel and relicense it as GPLv3.

      As you can see it all hinges on whether X' derives from the Linux kernel GPLv2 only version of X or some other standard GPLv2 version. In the first case you can't relicense as GPLv3. In the second one you can.

      2) Can A sue B and win? Make it worse assume that X involves code from A1, A2, A3 and A4 with A1 and A2 granting permission while A3 and A4 don't. Does the fact that A1-A4 wrote their code solely for a collective work create collective responsibility? The popular answer on /. is no A3 and A4 retain all rights to subsets. But AFAIK courts do not look at things that way.

      Your question has already been answered. And the partial permission issue isn't GPL specific. Refer to your friendly lawyer.

      3) Can B sue C? Remember if the answer is yes then B has just upgraded the kernel to GPLv3. If the the answer is no, then you agree that once any part of the code license becomes questionable the whole thing unenforcible. This is exactly the situation with the entire kernel.

      No, assuming that B could license his code as GPLv3 (automatically precluding its coming from the GPLv2 only Linux kernel), B can sue C over B's code. B can't sue C over X' and if C rewrites Y from scratch and stop using B's code he stops infringing on his further code. Infractions about previous code based on B's GPLv3 Y code may remain, though. But, of course, all this means you still think you can put standard GPLv2 code in the Linux kernel and get away with it. You can't: the Linux kernel is GPLv2 only, and if you want to put code in it you will need to make it GPLv2 only and thus unrelicensable as GPLv3... as long as it derives from the Linux kernel.

      4) Can B sue D? What about A can he sue D?

      A can sue D on the infractions related to A's code. B can sue D on the infractions related to B's code.

      It can be convoluted, but not really difficult.

    28. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      Does NT share code with Accent or Mach, or does it just share concepts with it?

      From what I understand, it shares code. NT definitely shares Accent code. But you are getting the order of who shared with whom backwards. If we had a family tree:

      Accent -> Mach -> XNU
      Accent -> NT

      However, that is a bit of an obstacle to Apple "giving back" code, especially kernel code, as it would involve Apple doing work to port that code to the BSD in question.

      I think that is a mostly unreasonable expectation. Darwin is (mostly) open source, and well documented. If a BSD team wanted to take some code from Darwin I think they have to do the porting effort. Anyway, my main point to GP was that the kernels aren't much alike. You seem to be arguing my 98% dissimilar is too high, and maybe it should be 90% dissimilar. Even if true, I think that addresses GP's objection that Apple isn't contributing kernel code back....

    29. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      I don't even follow your objection to B, taking X' as GPLv2.

      What I am following is your theory that if
      R is under license A
      S is under license B
      they can never be conjoined. And that is just false.

    30. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      Which makes the copy of X in the kernel GPLv2 with no option to change to GPLv3 or it can't enter the kernel.

      Really is there any evidence that this was done? If I call a bunch of kernel contributors to the stand and ask them if they in fact did this, we know that some disagree they did.

      As for the partial permission not being GPL specific that is true. But massive conjoined works with licensing this ambiguous is fairly specific to open source. The Linux kernel is a good example of a piece of code where standing is so complex that it is going to be unclear who has any authority to speak. That was the point of the A1, A2, A3 and A4. You are just assuming that Linus' has authority to speak for the whole product but Linus does not have, nor even claim to have that right. If A3 asserts that his code, in the kernel, does not have the no upgrade clause that's binding.

    31. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1
      No, it is as simple as everybody knowing that's the kernel's license. It's there for everyone to read before they contribute and anyone who has spent the minimum time providing code already knows that Linux kernel's license is not the standard GPLv2 but a GPLv2 only one.

      Massive it is, conjoined it may be too, but the licensing isn't ambiguous at all, at least on the part that specifically voids the possibility of turning it into GPLv3 or later.

      You are just assuming that Linus' has authority to speak for the whole product but Linus does not have, nor even claim to have that right.

      When did Linus enter this thread? I stated that Ax may sue about Ax's code on the cases I put forward. I stated that B may sue about B's code on the cases I put forward too. Why is it so difficult for you to understand that if you infringe the license of the code I developed I can take you to task about that code only? It doesn't matter if there is a thousand more developers. I'm responsible of taking legal care of the code I wrote, and that's it. Now, the developers can choose to present a united front in order to save themselves the hassle of proceeding with individual suits.

      If A3 asserts that his code, in the kernel, does not have the no upgrade clause that's binding.

      And A3's code won't have entered the kernel, because it is GPLv2 only. A3 will be infringing the kernel license by trying to insert standard GPLv2 code in it. Since that is illegal, A3 has no standing about trying to change the kernel's license.

      Your whole argument turns around the point of sneaking non GPLv2-only code in the kernel. It doesn't work like that: if you do it you are infringing and cannot distribute. So please stop beating that argument to death, it's already buried under a kilometre thick of sedimentary rock. You can't lawfully insert standard GPLv2 code into the GPLv2-only Linux kernel. That's it, no two ways about it.

    32. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      No, it is as simple as everybody knowing that's the kernel's license.

      No that's false. That's called an implicit contract and the law does not accord them very much respect at all. Time and time again those sorts of contracts have been held not to be binding. I can think of an example in copyright law, because typically publishers are careful about making sure they have explicit contracts. But in other areas of law, absolutely not.

      E can assert that F doing action K creates a contract, F can K and no contract is in place.

      . It's there for everyone to read before they contribute and anyone who has spent the minimum time providing code already knows that Linux kernel's license is not the standard GPLv2 but a GPLv2 only one.

      We have kernel developers on record saying that's not their understanding. They believe that the kernel copyright is the standard GPLv2, but that the kernel collectively is not exercising the GPLv2 -> v3 transition. So again we know that's not true.

      It doesn't matter if there is a thousand more developers. I'm responsible of taking legal care of the code I wrote, and that's it.

      That's again one of the myths of the open source community. Courts have held that entering into a conjoined work creates new licenses. In general publishers want unambiguous copyright but publishers have pushed ahead in conjoined works where individual copyright holders for a conjoined work didn't agree with relicensing.

      A good example of this is collections of articles originally published in magazines and then republished in a book.

      A3 will be infringing the kernel license by trying to insert standard GPLv2 code in it.

      You are trying to have it both ways. There is no "kernel license" without a corporate entity that holds that license. Either there is a bunch of individual licenses or there is an implicit corporate entity. Further there is no obligation on any contract to enforce its terms. A3 is not infringing by indicating his understanding of the contract is more lenient.

      Since that is illegal, A3 has no standing about trying to change the kernel's license.

      Illegal from whom? Who in your opinion has standing?

    33. Re:GPLv3 threw out the baby with the bathwater... by Guy+Harris · · Score: 1

      However, that is a bit of an obstacle to Apple "giving back" code, especially kernel code, as it would involve Apple doing work to port that code to the BSD in question.

      I think that is a mostly unreasonable expectation.

      As do I; that was my point when saying " However, that is a bit of an obstacle to Apple "giving back" code...". It's also an obstacle to, say, OpenBSD "giving back" code to NetBSD, even though OpenBSD began as a fork from NetBSD, or DragonFly BSD "giving back" to FreeBSD; the individual *BSDs differ at the kernel level as well.

      Darwin is (mostly) open source, and well documented. If a BSD team wanted to take some code from Darwin I think they have to do the porting effort.

      Yes, they would - and, as somebody else noted, they did do so for HFS+, but, apparently, nobody cared enough to keep it going.

      Anyway, my main point to GP was that the kernels aren't much alike.

      As long as that statement applies to all four - or, if you include DragonFly BSD, five - kernels, yes. It's not as if there's "*BSD", with kernels that are essentially similar, and "Mac OS X", with a kernel that's nowhere similar. My guess would be that the place where they're most similar is at the networking layer, followed by the file system layer (Mac OS X's VFS layer is different from those of the other *BSDs, but that hasn't anything to do with Mach - it's due to

      1. its VFS layer being reorganized to hide a lot of internal XNU details, such as the layout of an inode structure, from file systems, so that Apple can change code above the VFS layer without breaking binary compatibility with third-party file systems;
      2. changes Apple have made to support various things they've added to Mac OS X such as its NT-flavored ACLs and its flavor of extended attributes;
      3. architectural changes made for various reasons, e.g. VNOP_COMPOUND_OPEN in Lion, added to make the VFS layer more friendly towards remote file systems (SMB, NFS, etc.).

      The process layer is a bit less similar, mostly due to processes being built atop Mach tasks, so the top layer is pretty similar to the other *BSDs but it's built atop a different bottom layer. The in-kernel mutual-exclusion primitives are different, but I'm not sure they're even that much the same between the *BSDs; the same applies with the mechanisms atop which userland threads are built. The XNU virtual memory system is Mach-based, but, then, so was the original 4.4-Lite VM system; however, the XNU one wasn't yanked out of Mach and reimplemented in a non-Mach context the way the 4.4-Lite one was. Then again, some of the other *BSDs have replaced their Mach-based VM system.

      You seem to be arguing my 98% dissimilar is too high, and maybe it should be 90% dissimilar.

      I definitely would not say "98% dissimilar" for the kernel as a whole, seriously; for moving code to XNU from one of the *BSDs, that's a major exaggeration. I wouldn't even say "90% dissimilar". I wouldn't even use a single percentage; the percentage is different for different parts of the kernel. The biggest problem I had porting to XNU to make select() handle the BIOCSRTIMEOUT timeout on BPF devices for Lion was the difference between the ways you say "I'm starting a timer, poke me when it expires". The bulk of the changes pretty much just went over.

      Even if true, I think that addresses GP's objection that Apple isn't contributing kernel code back....

      Yes - and, as indicated, the same applies to moving kernel-land changes between the *BSDs.

    34. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      I think you know more about the specific dissimilarities than I do. Thank you for the info. Interesting point about the VFS layer and it makes sense. They need a more seamless experience and can sacrifice performance to get it.

      Yes, they would - and, as somebody else noted, they did do so for HFS+, but, apparently, nobody cared enough to keep it going.

      I wonder why. Linux has always maintained at least so/so HFS/HFS+ support. I'd think at this point lots of BSD admins are coming over as Darwin admins with Darwin systems...

    35. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1

      No that's false. That's called an implicit contract and the law does not accord them very much respect at all.

      Implicit? It is so implicit that it is all over the kernel source files. You can only not see it if you willingly close your eyes. By the way, if that's implicit and invalid, then the rest of software licenses (both open and closed) are invalid. Of course, then all this discussion is futile, because they are implicit.

      E can assert that F doing action K creates a contract, F can K and no contract is in place.

      F accepts a contract which restricts F's actions (on how to distribute in this case). The contract exists before F does any other action.

      We have kernel developers on record saying that's not their understanding. They believe that the kernel copyright is the standard GPLv2, but that the kernel collectively is not exercising the GPLv2 -> v3 transition. So again we know that's not true.

      References, please. If what you say is true, there is no need to collectively transition to GPLv3. All it takes is someone taking the kernel and changing the license. They don't do it because they can't without permission of all the people that has provided code to the kernel. And that's because it is GPLv2 only.

      That's again one of the myths of the open source community. Courts have held that entering into a conjoined work creates new licenses.

      Excuse me? You talk about a license as being implicit and now dare to talk about new licenses being created? References, please.

      In general publishers want unambiguous copyright but publishers have pushed ahead in conjoined works where individual copyright holders for a conjoined work didn't agree with relicensing. A good example of this is collections of articles originally published in magazines and then republished in a book.

      I can't help but wonder what would have happened if the authors decided to sue... or why they didn't.

      You are trying to have it both ways. There is no "kernel license" without a corporate entity that holds that license. Either there is a bunch of individual licenses or there is an implicit corporate entity.

      What's an implicit corporate entity? "We, the kernel developers, being of caffeinated mind and tired body..."?

      Further there is no obligation on any contract to enforce its terms. A3 is not infringing by indicating his understanding of the contract is more lenient.

      Oh, that's true. You can ignore a contract... and you can ignore a law. What happens after that fact (losing your distribution license) doesn't change because you "misunderstood". There is no good (for some values of good) will eximent.

      Illegal from whom? Who in your opinion has standing?

      Illegal for A3, who is not the owner of the code he wants to relicense (if he doesn't have the permission of the authors). Of course, the ones entitled to do the relicensing are the authors and the people they collectively allow to relicense.

    36. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      Implicit? It is so implicit that it is all over the kernel source files.

      You are quoting out of context here. If there is no kernel as a legal entity then that license appears in another kernel source file. It is one or the other. Either the kernel is a legal conjoined work, or it just a collection of separately licensed works. The kernel can't have a license if all the individual copyright holders have full control. Your claim for example was that A submission of GPLv2 code constitutes a violation of the kernel's license, programs don't have legal rights corporations and individuals do.

      F accepts a contract which restricts F's actions (on how to distribute in this case). The contract exists before F does any other action.

      You are begging the question. F says no contract existed and he never accepted the contract. That's counter evidence.

      References, please. If what you say is true, there is no need to collectively transition to GPLv3. All it takes is someone taking the kernel and changing the license.

      Maybe, maybe not. I think it might be a lot easier to take parts of the kernel and conjoin them with GPLv3 code. Taking the entire kernel is likely to grant Linus standing, despite his belief he doesn't have standing. In other words I think Linus is making two mistakes.

      My point is though, is that I'm not sure if someone did take the whole kernel and release it under GPLv3 he would lose a lawsuit. I'm pretty sure though if someone took a small subsystem where a large chunk of the code (but not all) was written by developers in favor or relicensing he would win.

      Excuse me? You talk about a license as being implicit and now dare to talk about new licenses being created? References, please.

      Nottage v. Jackson the author is the person most closely responsible for the work being produced.
      Feist -- facts are not copyrightable but compilations of facts are
      Wheaton v Peters -- A conjoined work has its own license

      etc...

      Case after case after case has been ruled this way.

      What's an implicit corporate entity? "We, the kernel developers, being of caffeinated mind and tired body..."?

      Yes. That's exactly what it takes. There need to be provable events which constitute signing the license. Your entire argument is predicated on the belief that everyone who contributed to the kernel explicitly agreed to the kernel license including the no upgrade policy collectively and thus individually they cannot do anything more than relicense their own contributions.

      Otherwise what you have is a work, with no clear ownership, no clear standing and unclear licensing provisions. In which case the form of the license GPLv2 (vanilla, i.e. FSF) starts to have a lot of weight.

    37. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1

      Your claim for example was that A submission of GPLv2 code constitutes a violation of the kernel's license, programs don't have legal rights corporations and individuals do.

      Sorry, perhaps you don't understand that "kernel's license" means the license that goes along with the kernel. Most people do.

      The kernel can't have a license if all the individual copyright holders have full control.

      Of course it can if every part added to it is added under the same license. Which is the case because you can't legally add code under any license but GPLv2 only without the permission of the kernel developers.

      You are begging the question. F says no contract existed and he never accepted the contract. That's counter evidence.

      Ok, good luck trying that defense against infringing any other license or contract. "No, sir, I didn't understand that the terms of the license mentioned all over the place applied to me. By the way, I don't understand why the traffic regulations apply to me either".

      Maybe, maybe not. I think it might be a lot easier to take parts of the kernel and conjoin them with GPLv3 code. Taking the entire kernel is likely to grant Linus standing, despite his belief he doesn't have standing. In other words I think Linus is making two mistakes.

      Blablablah. References on "We have kernel developers on record saying that's not their understanding". You state that, you prove it. Anything else is trying to distract me and it won't work, at least this time.

      Nottage v. Jackson the author is the person most closely responsible for the work being produced.

      Very nice. That actually supports my stand that you can't happily relicense something without the author's permission.

      Feist -- facts are not copyrightable but compilations of facts are

      As the kernel is neither facts nor a compilation of facts, this doesn't apply.

      Wheaton v Peters -- A conjoined work has its own license

      Wheaton vs. Peters is a case of failure in applying for copyright: defective in publication is the term used. AFAIK this hasn't happened with the Linux kernel and even if it had, current law may have different provisions than XIX century law. Please, try to provide references not earlier to the advent of software. Copyright law on software has some specifics that may make relying on previous sentences unsafe.

      Yes. That's exactly what it takes. There need to be provable events which constitute signing the license. Your entire argument is predicated on the belief that everyone who contributed to the kernel explicitly agreed to the kernel license including the no upgrade policy collectively and thus individually they cannot do anything more than relicense their own contributions.

      Oh dear, you really don't get it. If you create half a book and I create the other half we both have the right to restrict the publication of that book... and keep the right to publish our own parts. What's even more, in the case of the Linux kernel, everything added to it is based on earlier versions of the kernel which, going back, return you to the 0.12 version in which Linus Torvalds (AFAIK, the only developer then) chose GPLv2-only as license. So yes, there was an original entity (Linus Torvalds) who held the copyright. And everything else derives from it and is forced to follow the original copyright restrictions. If what you say was correct, just reading the ROM BIOS on IBM's first PC wouldn't have been enough to disallow any developer to create a clone. And yet Compaq and others had to go through the "clean room implementation" hassle in order not to infringe on IBM's copyright. No matter

    38. Re:GPLv3 threw out the baby with the bathwater... by gomiam · · Score: 1

      R is under license A, S is under license B. If licenses A & B are incompatible and the authors of R & S don't give permission, R & S can't be conjoined. Really, I have been saying that the whole time. Perhaps I'm explaining myself wrongly but I'm running out of ways to make you understand that.

    39. Re:GPLv3 threw out the baby with the bathwater... by jbolden · · Score: 1

      I understand that if they incompatible they can't be conjoined. However, what you are missing is the obvious license problem.

      Think about your argument

      That there exists this "kernel license" that no one actually issues and no one is actually responsible for and no one actually holds. We know that all parts of the kernel were released under this, even though no entity has the authority to say that. We can ignore the developers who believe their code was released under GPLv2 and don't think the Linux kernel has a no upgrade clause because of the above "kernel license". We can ignore all the laws regarding to forms of contracts, because the kernel license is so explicit so well understood and so binding.

      I don't fail to understand your argument, I just think it is ridiculous. In the real world licenses are issues by legal contracting entities. There is no such thing as a licenser who is not a contracting entity. If the kernel collectively does not have a contracting entity then the kernel collectively does not have a license at all. Rather it is a collection of individually licenses parts with highly questionable standing about many of them. In cases where the licenses are ambiguous because multiple contracting entities conflict, the form of the contract is binding. The form of the GPL is the FSF's commentary. That is the evidence is mixed, hence no one can find a preponderance of evidence as to what specific clauses are binding on code from the kernel, with regard to the to the upgrade clause. In the case of ambiguity licenses default to the more permissive clause.

  7. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    RMS for some reason wants to kill all GPL projects.

  8. Corollary by Anonymous Coward · · Score: 0

    Blogger Brian Proffitt posits that 'the creation of the GPLv3 and the sometimes contentious discussion that led up to it' may be partly responsible for the move away from the GPL."

    Also, it may not be.

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

      Blogger Brian Proffitt posits that 'the creation of the GPLv3 and the sometimes contentious discussion that led up to it' may be partly responsible for the move away from the GPL."

      Also, it may not be.

      Yes that's generally the implied corollary, thanks for pointing it out captain obvious.

  9. Communism always fails eventually. by Anonymous Coward · · Score: 0

    It's a rule.

    1. Re:Communism always fails eventually. by Pi1grim · · Score: 1

      Except for the fact, that communism has not been implemented anywhere in the world. The closest we've come were all kinds of socialism flavours, some of which still flourish in Europe, but don't let the facts distract you.

    2. Re:Communism always fails eventually. by Anonymous Coward · · Score: 0

      Ah! One more of the 'Soviet Union, COMECON, Peoples Republic of China, North Korea, South Yemen and Cuba did not practise true Communism (TM). Just wish you could have told that to Comrades Lenin, Mao, Kim and Castro.

  10. Re:BSD license was always more permissive, so grea by SharkLaser · · Score: 4, Insightful

    Exactly. It's like saying you have freedom of speech but you can only say what I want to hear.

  11. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 2

    For personal use, not everyone is in it for the money. <shrug>

    And as far as the political aspects, to most companies GPL == toxic, and they don't care about the details.

    --
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  12. Film at 11. by girlintraining · · Score: 1, Insightful

    Wait... something heavily steeped in politics, flamewars, and cult of personality might not be as popular as something that "just works"? Whoa.

    --
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  13. Re:BSD license was always more permissive, so grea by garaged · · Score: 1, Insightful

    there would be no pirates with pure GPL software, technology is supposed to be for the good of all, not to enrich a few guys.

    And yes, I know I'm being utopic, but that is true

    --
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  14. Bull! by Anonymous Coward · · Score: 0, Informative

    Linux is not under GPLv3. Never has been. Never will be. What you speak is nonsense.

    1. Re:Bull! by TheRaven64 · · Score: 4, Informative

      When people say 'Linux' they usually mean Linux-and-all-of-the-associated-cruft. Typically this at least includes GNU libc, GNU binutils, and GNU coreutils (which, between them, are more code than the kernel), and typically the GNU shell (bash) and GNU libstdc++. All of these have no moved to GPLv3 (in some cases with the runtime exemption). Remove them, and even though you still have 'Linux' you don't have a system that can run any of your existing code.

      --
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    2. Re:Bull! by Anonymous Coward · · Score: 0

      When people say 'Linux' they usually mean Linux-and-all-of-the-associated-cruft. Typically this at least includes GNU libc, GNU binutils, and GNU coreutils (which, between them, are more code than the kernel), and typically the GNU shell (bash) and GNU libstdc++. All of these have no moved to GPLv3 (in some cases with the runtime exemption). Remove them, and even though you still have 'Linux' you don't have a system that can run any of your existing code.

      And that's why RMS calls it GNU/Linux.

    3. Re:Bull! by sidthegeek · · Score: 0

      It truly is a sad day when you have to run Bash on an orange-peeling machine.

    4. Re:Bull! by bonch · · Score: 2

      RMS calls it GNU/Linux because he's bitter that Linux supplanted HURD. Referring to operating systems by the userspace software they use is ridiculous.

    5. Re:Bull! by Myopic · · Score: 1

      Referring to operating systems by the userspace software they use is ridiculous.

      You think? Do you insist on calling Mac "Darwin" or "BSD" or something? Do you insist on calling Android "Linux"?

    6. Re:Bull! by Guy+Harris · · Score: 2

      Referring to operating systems by the userspace software they use is ridiculous.

      And referring to them by a subset of the userspace software.... (Admittedly, the C library is a very significant part of the userspace software, and it is from the GNU project on most Linux distributions, albeit not the one with the green robot as I understand it.

      So "Linux", in the sense of "a Linux distribution", is not under any single license:

      • the kernel is under GPLv2;
      • the C library is probably under LGPLv2;
      • the developer tools might now be under GPLv3;
      • the command-line utilities are under a bunch of licenses including GPLv2, GPLv3, and probably a pile of other licenses including BSD;
      • the window system, if present, is probably under the MIT license, at least for desktop distributions;
      • the GUI toolkits, if present, are under a mix of licenses, with what I suspect are the most popular ones being under the LGPLv2;

      and so on.

    7. Re:Bull! by s4m7 · · Score: 1

      he's bitter that Linux supplanted HURD

      Linux was already booting in 1991 when the FSF formally announced that they were starting development on HURD which wasn't bootable until 1994. "Supplanted" is not the word you are looking for.

      Referring to operating systems by the userspace software they use is ridiculous.

      I'm not a huge RMS fan and I agree with you to an extent, but he's right to assert credit for the FSF and GNU on the userland software that is distributed with 99% of installed Linux systems. One isn't so useful without the other.

      --
      This comment is fully compliant with RFC 527.
    8. Re:Bull! by Guy+Harris · · Score: 1

      When people say 'Linux' they usually mean Linux-and-all-of-the-associated-cruft. Typically this at least includes GNU libc, GNU binutils, and GNU coreutils (which, between them, are more code than the kernel), and typically the GNU shell (bash) and GNU libstdc++. All of these have no moved to GPLv3 (in some cases with the runtime exemption).

      GNU libc? Not so.

    9. Re:Bull! by Anonymous Coward · · Score: 0

      More and more PC's are Google/Windows, right?

    10. Re:Bull! by Anonymous Coward · · Score: 0

      When people say 'Linux' they usually mean 'GNU/Linux'

      ftfy RMS

  15. Fine with me, GPLv3 sucks for business by cultiv8 · · Score: 1, Interesting

    the creation of the GPLv3 and the sometimes contentious discussion that led up to it' may be partly responsible for the move away from the GPL.

    I'm in business to make money. I also love OSS and have spent literally hundreds of hours personally contributing back in many different ways. The problem with GPLv3 is that I can't use it in an application I develop unless I release any changes/mods I make to the source code.

    That's my secret sauce. If I'm a startup and trying to form a niche in an industry, why would I want to give my recipe away?

    --
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    1. Re:Fine with me, GPLv3 sucks for business by Microlith · · Score: 5, Informative

      The problem with GPLv3 is that I can't use it in an application I develop unless I release any changes/mods I make to the source code.

      That was true with the GPLv2 as well.

      That's my secret sauce. If I'm a startup and trying to form a niche in an industry, why would I want to give my recipe away?

      Boo hoo, so write it yourself. Why is it every complaint against the GPL seems to come from those who want to mooch and not contribute?

    2. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 1

      >Boo hoo, so write it yourself. Why is it every complaint against the GPL seems to come from those who want to mooch and not contribute?

      why is it that every GPL fanatic thinks that unless you're willing to give everything away for free at the drop of a hat, that you necessarily are a non-contibuting mooch? oh yeah .... "fanatic". nm ...

    3. Re:Fine with me, GPLv3 sucks for business by u38cg · · Score: 1

      Umm, that is entirely the whole point of the GPL. Why should you be distributing other people's code without abiding by the conditions they did?

      --
      [FUCK BETA]
    4. Re:Fine with me, GPLv3 sucks for business by jellomizer · · Score: 1

      That is why GPL is declining. GPL is too restrictive for most to make money from it. So they don't use it.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    5. Re:Fine with me, GPLv3 sucks for business by Microlith · · Score: 0

      why is it that every GPL fanatic thinks that unless you're willing to give everything away for free at the drop of a hat

      Why is it that every Anonymous Coward troll thinks that they're entitled to the efforts of others for free?

      a non-contibuting mooch

      Because the first thing the whine about is having to contribute their changes back. They absolutely don't want to do what the GPL requires, and they whine about it.

    6. Re:Fine with me, GPLv3 sucks for business by Microlith · · Score: 1

      Proof? Any?

    7. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      We're not saying you have to use the GPL. We're saying if you want to use GPL code, then you have to give back to the community. We're also saying, why release the code at all if you don't want to help build the community? Giving your code away and letting other people sell it without also contributing back to the code base is pointless.

    8. Re:Fine with me, GPLv3 sucks for business by mossholderm · · Score: 1

      Because typically what you are saying is incorrect. If you are writing an application, you are usually free to choose any license you like. LGPL was created so that you can link against libraries without worrying about giving up your secret sauce. The glibc library is an example of this. Granted, you need to take care, in some people's minds, to avoid GPL'd libraries, but it is your choice to use or not use GPL'd libraries.

      Don't like it? Don't use them.

    9. Re:Fine with me, GPLv3 sucks for business by dgatwood · · Score: 4, Insightful

      It's not that. The reason GPL is problematic is that it's all too easy to copy and paste a couple of lines of code out of some open source project into something you're working on. If it's under a BSD license, no problem. If it's under a GPL license, you're screwed. For this reason, the safest default policy for big corporations is to deny all use of GPLed software to remove the temptation.

      The result of this is that folks working for those companies are less likely to spend time working on GPLed projects. More importantly, because those companies are not bringing in GPLed source from the outside, they are no longer forced to use that license for their own code. The net effect is that less GPLed code gets produced.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    10. Re:Fine with me, GPLv3 sucks for business by vinehair · · Score: 0

      The problem with GPLv3 is that I can't use it in an application I develop unless I release any changes/mods I make to the source code.

      That was true with the GPLv2 as well.

      That's my secret sauce. If I'm a startup and trying to form a niche in an industry, why would I want to give my recipe away?

      Boo hoo, so write it yourself. Why is it every complaint against the GPL seems to come from those who want to mooch and not contribute?

      Why is it every shout of 'write it yourself' to people saying that the GPL viral source-release 'feature' has downsides, seem to come over the internet, presumably created with dozens of individual pieces of software they did not write, on hardware they did not manufacture, by people in houses they did not bit, fed by food they did not grow, in a society they did not create and perhaps, not even contributed to? I'm using extremes to be a dick, but my point stands - there is a phrase 'standing on the shoulders of giants,' and yes, that applies to industry and producing a profit, using technologies and concepts that, surprise, may not have been invented by them, but merely refined and targeted. If someone says that a particular license is not suitable for them, why the pithy 'boo-hoo' response? Pithy is indeed the word I have to use to describe much of the open-source movement.

    11. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      Why is it that every Anonymous Coward troll thinks that they're entitled to the efforts of others for free?

      WTF? AC trolls are very diverse. Some of us are very commited to contributing to the community and just like to combine that with posting Goatse links. So don't tar us all with the same brush.

    12. Re:Fine with me, GPLv3 sucks for business by shentino · · Score: 1

      The sad thing is that if EVERYONE gave up their secret sauce you'd have an army of chefs improving it into perfection.

      The problem with utopias is that they are fragile.

      All it takes is one maverick defecting against everyone else to turn a utopia into an oppressive monopoly.

    13. Re:Fine with me, GPLv3 sucks for business by shentino · · Score: 1

      Moochers with big legal muscles.

    14. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      Lies lies lies. GPLv3 doesn't mean you cannot keep your changes private. v3 merely stops companies stealing code to use in embedded systems and not let the user / device owner have access to the code. All GPL code can stay private.

      Nice try Mr. PantsOnFire.

    15. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      > Don't like it? Don't use them.

      And that's why GPL use continues to decline.

    16. Re:Fine with me, GPLv3 sucks for business by Trepidity · · Score: 1

      I suspect you're thinking of the AGPL, not the GPLv3.

      However, that's sort of the point, and other businesses use it precisely for those reasons. For example, Launchpad licenses their software-project-hosting software as AGPL, because they don't want a competitor to be able to take their software, make proprietary changes to it, and then not share back the changes. Competitors are of course free to write their own, separate software.

      The main thing I don't get with the angst is why it's directed specifically against the GPL, not all software that isn't BSD-licensed. The GPL offers some conditions under which you can modify software without negotiating a separate license agreement with the copyright holder. It doesn't remove any freedoms you previously had, since the default license is "all rights reserved".

    17. Re:Fine with me, GPLv3 sucks for business by Microlith · · Score: 1

      Why is it every shout of 'write it yourself' to people saying that the GPL viral source-release 'feature' has downsides, seem to come over the internet, presumably created with dozens of individual pieces of software they did not write, on hardware they did not manufacture, by people in houses they did not bit, fed by food they did not grow, in a society they did not create and perhaps, not even contributed to?

      Because we're fortunate enough to be unaware of your location, and potentially be subject to silly arguments such as this.

      I'm using extremes to be a dick, but my point stands - there is a phrase 'standing on the shoulders of giants,' and yes, that applies to industry and producing a profit, using technologies and concepts that, surprise, may not have been invented by them, but merely refined and targeted.

      Which is not relevant here.

      If someone says that a particular license is not suitable for them, why the pithy 'boo-hoo' response?

      Because it's virtually always someone whining about the fact that someone made a choice they can't stand, and feel a need to gripe about it instead of accepting it and moving on. Also, because this is Slashdot.

    18. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      No you do not have to give back to the community. If you use a GPL library in your application you owe nothing! If you derive a work from a code base and distribute it, you then owe something--all your *changes*. You can also scope the code and "rewrite" your own version from it and you, again, owe nothing. If you were to do that I would recommend at least using a different language for the rewrite.

    19. Re:Fine with me, GPLv3 sucks for business by godrik · · Score: 1

      Which is exactly why I love the GPL. I know the code I will release might be reused by other people but they MUST release their modification of it. That way my effort enters a public pool of knowledge and so will every derivate of what I do. I release my code under GPL to expand the public knowledge and code base. I know all modifications will also expand public knowledge.

      I am tired of business monopolies. Phone carriers have monopolies because the billion dollars infrastructure needed to even start being competitive. Mobile phone providers have monopolies because of million of patent you need to license before doing anything remotely close to a phone. Same goes for pretty much all computers and objects more complex than a table. Software is a place where we can fight monopolies easily by releasing GPL code. It provides prior art to many patents and decrease significantly the cost of entering in business. They provide reference/learning implementation for pretty much anything. Entering business becomes easy and reasonnably cheap.

      Long live the GPL and fuck businesses and their so called "trade secret"

    20. Re:Fine with me, GPLv3 sucks for business by tepples · · Score: 1

      The main thing I don't get with the angst is why it's directed specifically against the GPL, not all software that isn't BSD-licensed.

      The headline mentions "GPL, Copyleft" which I take to mean "the GNU General Public License, the Sleepycat License, and other strong copyleft licenses". Copyleft forces companies to either give up their valuable trade secrets or not use any copylefted code in their products. The point of the article is that companies have been choosing the latter.

    21. Re:Fine with me, GPLv3 sucks for business by chrb · · Score: 1

      The problem with GPLv3 is that I can't use it in an application I develop unless I release any changes/mods I make to the source code.

      "The problem with proprietary software is that I can't use it in an application I develop unless I agree to a contract that benefits the copyright holder."

      Does that sound unreasonable? If you think that the restrictions on GPL licensed source are unreasonable, then you must conclude that proprietary software is even more unreasonable?

    22. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      > why is it that every GPL fanatic thinks that unless you're willing to give everything away for free at the drop of a hat, that you necessarily are a non-contibuting mooch?

      We don't think everyone is a mooch, just the leeches who want to take GPL licensed code and not abide by the terms of the GPL.

    23. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 1

      The GPL2 doesn't require you to contribue your changes back, only if you distribute you code. If you write your software as a service and use GPL2 you can give back nothing. GPL3 has far more requirements in this case and makes it far more difficult for businesses to use.

      A good contrast between the two is here:
      http://www.groklaw.net/article.php?story=20060118155841115

      If you read through all of the changes you can see that it's pointless for businesses to use GPL3 code.

    24. Re:Fine with me, GPLv3 sucks for business by cultiv8 · · Score: 1

      The problem with GPLv3 is that I can't use it in an application I develop unless I release any changes/mods I make to the source code.

      That was true with the GPLv2 as well.

      Not necessarily, GPLv2 is ambiguous when it comes to code hosted on a server and not distributed to 3rd parties (think SaaS).

      Why is it every complaint against the GPL seems to come from those who want to mooch and not contribute?

      Fuck you, I personally contribute money, code, and time to open source projects. I require my employees to contribute 10% of their time to open source projects.

      --
      sysadmins and parents of newborns get the same amount of sleep.
    25. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      Boo hoo, so write it yourself. Why is it every complaint against the GPL seems to come from those who want to mooch and not contribute?

      Or use open source licenses that do what you want, which is exactly what people are doing, and exactly what TFA is about.

      There are plenty of instances in which companies or other entities want to use open source software and want to contribute back, but don't want to be required to contribute more than they desire to. That's the problem with GPL. It's not "free" for all uses--it's sometimes free and sometimes quid pro quo, which is really just payment in kind rather than financially.

    26. Re:Fine with me, GPLv3 sucks for business by Microlith · · Score: 1

      Right, so do you make it corporate policy to go on boards like this and whine about the GPL?

    27. Re:Fine with me, GPLv3 sucks for business by Guy+Harris · · Score: 1

      No you do not have to give back to the community. If you use a GPL library in your application you owe nothing!

      Presumably you mean "if you use an LGPL library in your application"; if you use a GPL library in your application, your application must be under the GPL. Now, if you only use your GPL-licensed application internally, you don't have to make the source available outside your organization.

    28. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 1

      That can also happen with more restricted stuff like Microsoft Shared Source.
      That can also happen with proprietary source code you have been granted access to.
      Basically it can always happen.

    29. Re:Fine with me, GPLv3 sucks for business by Guy+Harris · · Score: 2

      That's my secret sauce. If I'm a startup and trying to form a niche in an industry, why would I want to give my recipe away?

      Boo hoo, so write it yourself.

      Precisely. "The problem with GPLv3 is that I can't use it in an application I develop unless I release any changes/mods I make to the source code." - which presumably means "The problem with code licensed under the GPLv3 or v2 is..." - really means "the problem with code licensed under the GPLv3 or v2 is that I can't control it the way I want rather than the way the person who wrote the code wants."

      That's only a "problem with the GPL" in that the GPL exists, meaning it's available for developers to use; if you have a problem with that, it's really a problem with the author of the code, who doesn't want you doing your own work atop his or her work and then not letting those who get your software get the source code to your work as well as his or her work. That's entirely their right; if you don't like it, don't use their work, use the work of authors who are fine with that.

      If your "secret sauce" is based on, or built atop, commercial code for which you'd have to negotiate a license to redistribute, so that some of your revenue has to go to the developer of the commercial code, are you going to complain that you're not going to make as much money because you'll have to pay the people who developed the commercial code in question?

    30. Re:Fine with me, GPLv3 sucks for business by Guy+Harris · · Score: 1

      Sorry, I screwed up the quote tags - "Boo ho, so write it yourself" should have been in quote tags; I'm quoting it and then violently agreeing with it. (And, no, that doesn't mean I'm in the "GPL rules, everything else drools" camp, either; I've worked at a startup where we did keep our "secret sauce" private, and where we explicitly avoided using GPL code, and I work on both BSD-licensed and GPL-licensed free software.)

    31. Re:Fine with me, GPLv3 sucks for business by Rutulian · · Score: 1

      I'm in business to make money.

      You know, it's interesting that you say this because people pop up occasionally on Slashdot wondering about open source licenses and trying to convince their bosses/partners to open source code. GPL is certainly not universally applicable, but I can see situations where companies should actually prefer it over other licenses. I think a lot of scientific software falls into this category. If you are selling an HPLC, for example, the money you are making is on the hardware and support. The software you just charge an arm and a leg for because it is expensive to custom develop for your own instrument, and you have to pay people who really understand how to do the data analysis properly (for GLP, for example). However, a GPL'd application would not only be able to use a lot of already GPL'd code, making development costs cheaper, but competitors would also not be able to use it unless they contributed back the code they added to make it work with their own instruments or to customize the workflow in a particular way. So you have multiple companies competing to offer the best/cheapest instrument, but cooperating on the software because the redundancy is expensive and it makes it hard to move data around, which is being done a lot more these days than it ever used to.

    32. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      Fuck you, I personally contribute money, code, and time to open source projects. I require my employees to contribute 10% of their time to open source projects.

      Most of us here donate 25 percent of our time to charity. Stop being selfish!

    33. Re:Fine with me, GPLv3 sucks for business by heinousjay · · Score: 0

      I guess you just make it personal policy to be an anti-ambassador for the GPL?

      Or maybe you believe haranguing people to your point of view works?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    34. Re:Fine with me, GPLv3 sucks for business by fnj · · Score: 1

      Also because people who are hesitant to use GPL - instead of working with them to address the problems, the GPL'ers call them complainers and moochers. Who needs that? It's not the way to win converts.

      I'm not saying GPL proponents are wrong to keep it the way it is. It's a very idealistic movement. I'm just saying they needn't be surprised if its use declines.

    35. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      I think this thread totally disproves that - if everyone gave up their secret sauce, you'd have an army of chefs improving upon it, and then arguing with each other as to who's improvements (license) were best.

    36. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      And basically companies do their best to avoid all of those examples from happening. But it doesn't always happen does it? It doesn't happen with the more open BSD style licenses, which is why they are on the rise and GPL is treated like someone elses proprietary code.

      Face it, GPL does suck for businesses that aren't 100% GPL themselves.

    37. Re:Fine with me, GPLv3 sucks for business by vinehair · · Score: 1

      Not going to bother responding to the out-of-hand dismissal of my other points, it's clear you're not actually interested in a debate.

      If someone says that a particular license is not suitable for them, why the pithy 'boo-hoo' response?

      Because it's virtually always someone whining about the fact that someone made a choice they can't stand, and feel a need to gripe about it instead of accepting it and moving on. Also, because this is Slashdot.

      A post by someone that states exactly why they don't use the GPL and why it doesn't work for them, on a discussion topic on how GPL use is declining, is 'griping' about it instead of accepting it and moving on? Seriously? The fact that our posts exist make this entire point completely hypocritical. Slashdot, indeed.

    38. Re:Fine with me, GPLv3 sucks for business by rtfa-troll · · Score: 2

      Yet more FUD

      There are two versions of the GPLv3; The GPLv3 its self and the AGPLv3. Only the AGPLv3 requires contributing back for code which isn't distributed and even then it's only if the code is providing a user interface to users who don't have access to the code. If you use the GPLv3 you can still do SAS and keep your changes private. This is actually a reason for businesses to use AGPLv3 when distributing software since it means you will be more likely to get back changes.

      In fact, most of the changes between the GPLv2 and v3 are specifically designed to address a bunch of business concerns with the GPLv2. For example, a clause was added which allows businesses which have made an unlicensed distribution to come back into compliance. This is specifically designed to support big companies which have situations such as where the left hand doesn't know what the right hand is doing and one division may end up breaching licenses that another division wants to respect.

      Another very good reason for a business to use the GPLv3, especially for widely distributed software, is that becomes much more difficult for someone to make a patent based on slightly extending your work and then come back and use that to sue you so that they can take over the market

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    39. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      You can make the same argument of all non-permissively licensed software. Look around your office and notice the number of books that contain example source code. Now check to see which of these permit use of that source code. I can't remember a time where I worked in a software shop and we didn't have access to somebody else's code. It happens all the time. We often have code that we are licensed to use in product A, but not product B.

      You don't need to ban people from access to code. That's cutting off your nose to spite your face. You need to make sure that people understand that they can't copy *any* software into their product without understanding the license terms. Usually that also means getting permission from the "higher ups" so that they also are in the loop.

      The GPL is *more* permissive than most other licenses out there. It is less permissive than some other free software licenses. But unless you are dedicated to writing only permissive free software (and good on you if you are), your argument holds no water. To say "it's OK to have non-free software around because if we are caught using it we'll just get sued out of existance" is whacky. You're in *better* shape with the GPL. You have a choice of being sued out of existence, or giving your customers the source code.

    40. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      This article.... Shitdick

    41. Re:Fine with me, GPLv3 sucks for business by Anonymous Coward · · Score: 0

      When I'm encouraging my employer to release something open-source, *I* (not my employer) want that to be BSD or Apache, so I'll be able to use it elsewhere. If my company releases something GPLvX, that will probably help the company (it ensures their competitors will have source-release obligations), but may not help me in my next job. In that respect, GPL is the same as closed; either way, I don't get to use it in my day job, and that is, after all, where I do most of my development.

    42. Re:Fine with me, GPLv3 sucks for business by TheRaven64 · · Score: 1

      Boo hoo, so write it yourself

      They usually do. And they quite often then release it under a permissive (e.g. BSD) license and so other people help find bugs and improve it. Then the next company to come along has a choice of using the GPL or BSDL version. The GPL version may be more mature, but the BSDL one comes with less potential liability, so they use it and improve it. It's cheaper for them to send patches upstream than to maintain a private fork, so they do that. Then another company comes along, sees a fairly mature GPL'd project and a slightly less mature, but more rapidly improving, BSDL project. Guess which one they pick?

      That's rather the point of TFA. Given the choice between using GPL'd code or writing it themselves, a lot of people will pick option 2.

      --
      I am TheRaven on Soylent News
    43. Re:Fine with me, GPLv3 sucks for business by TheRaven64 · · Score: 1

      Which is exactly why I love the GPL. I know the code I will release might be reused by other people but they MUST release their modification of it.

      So you like the GPL because you don't understand the GPL? 90% of all software developers are employed writing in-house software that is never distributed. If any of these use or modify your code, then they have no legal obligation to release their modifications.

      --
      I am TheRaven on Soylent News
    44. Re:Fine with me, GPLv3 sucks for business by dgatwood · · Score: 1

      Yes, but statistically speaking, if you're going to have a violation of an open source license, it's going to be GPL. That's the only popular open source license that is so restrictive.

      Of course, there are a few licenses that are more restrictive—the Microsoft Shared Source license (which many employers forbid their employees to touch with a ten meter pole) and the Affero GPL (which I generally lump in with GPL even though it's a bit nastier)—but you're not too likely to encounter either one very often.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  16. Visual Flash by Sponge+Bath · · Score: 2, Funny

    ... of Richard Stallman shedding a tear with text below: Forever alone.

  17. Re:BSD license was always more permissive, so grea by heypete · · Score: 1

    Red Hat seems to have no problem profiting while selling mostly-GPL'ed code...

  18. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 2, Insightful

    I have yet to see any evidence that GPL creates more benefit for society than any other FOSS licence. Can you provide anything?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  19. What projects are they measuring? by dbc · · Score: 1

    From the article, it isn't clear to me what criteria they used to include projects in their survey. It would be interesting to know the numbers based on impact of the project -- a zillion little drivers released under BSD could skew the results.

    1. Re:What projects are they measuring? by Jah-Wren+Ryel · · Score: 1

      From the article, it isn't clear to me what criteria they used to include projects in their survey. It would be interesting to know the numbers based on impact of the project -- a zillion little drivers released under BSD could skew the results.

      In fact, the data from Black Duck is "proprietary."
      The blogger also did his own version of data collection about 6 months ago and came up with similar results as the "proprietary" data of the time.
      However, it was very indiscriminate. He just looked at the license tags on all of the projects on the Rubyforge, Freshmeat, ObjectWeb and the FSF websites.

      --
      When information is power, privacy is freedom.
    2. Re:What projects are they measuring? by Jonner · · Score: 1

      From the article, it isn't clear to me what criteria they used to include projects in their survey. It would be interesting to know the numbers based on impact of the project -- a zillion little drivers released under BSD could skew the results.

      That's the reason this "survey" is utterly useless. There's no objective way to measure what they claim to measuring. If they're counting number of projects, that's unfair to large projects. There's no way they can be considering all code every released under a Free or Open Source license, so how do they choose which ones deserve to be counted?

  20. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    there would be no pirates with pure GPL software

    Wow, that's the first convincing argument against GPL I've heard.

  21. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 0, Troll

    Are you familiar with the phrase "the exception that proves the rule" (and its etymology)?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  22. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Probably because they want their software to be used. I'm running a one man LLC and for my current work, if something relies on GPL then I simply can't use it. I do plan on making my work open source, but on my own time and schedule -- my plan is one to two years after initial release to make that version or an improved version open source. That gives me time to make money off my work (and clean up my code), while hopefully helping other devs out. Not to mention that certain parts of my code may not be legally able to be released due to platform restrictions. Using GPL code means my plan goes out the window, so GPL code can go sit off in its corner and chew its toenails as far as I'm concerned.

  23. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    I agree.

    In my view, BSD is real free software. You give it to the world for anyone to benefit or even profit from, as long as they give you credit for it.

    GPL not only forces the user to give away their work too, but is too "viral" a license for my liking. I understand the principles behind it, and it has given us so much, but I always feel it comes at the price of personal liberty.

  24. Re:BSD license was always more permissive, so grea by Microlith · · Score: 5, Informative

    I can profit while using GPL code. I simply can't take and not give back.

  25. Re:BSD license was always more permissive, so grea by Billly+Gates · · Score: 2, Insightful

    What about the freedom to profit? It is a right for people to want to make money and why is that bad? Student loans, kids, retirement, and a car are considered basic rights and responsibilities. Aint got no money? Then you cant have any of it? Cry all you want but the grocery store doesnt care that you do great things for humanity when your kids are hungry. They just want your money.

    So your rights if you own the code are important too. Thats life

    Yes I advocate the BSD license.

  26. Wasn't GPL *intended* to be transitionary? by gman003 · · Score: 2

    Correct me if I'm wrong (and I'm sure you will), but wasn't the point of the GPL to enforce the rules of open-source while it was still emerging? The idea was that open-source projects would be more vulnerable when the open-source movement was new, and it would be more likely that some company would take BSD-licensed code and not just release it as their own, but be able to effectively relegate the open-source one to a small niche of irrelevancy. Now that pretty much every company takes open source seriously, it's not as necessary - if someone were to take Firefox, tweak the branding, and release it as their own commercial product, they wouldn't be able to take all the marketshare Firefox has simply by virtue of being a "real" company, not "a bunch of open-source basement-dwelling commie nerds".

    1. Re:Wasn't GPL *intended* to be transitionary? by Anonymous Coward · · Score: 0

      So was communism, according to Marx.

    2. Re:Wasn't GPL *intended* to be transitionary? by Anonymous Coward · · Score: 0

      So now that "pretty much every company takes open source seriously", how does that keep companies from Tivo-izing your BSD-licensed code and re-creating Stallman's classic printer driver problem all over again?

    3. Re:Wasn't GPL *intended* to be transitionary? by Anonymous Coward · · Score: 0, Troll

      Now that pretty much every company takes open source seriously, it's not as necessary

      Not according to RMS. He would consider your statement not only false, but a direct endorsement of Microsoft, ritual human sacrifice, and child pornography.

    4. Re:Wasn't GPL *intended* to be transitionary? by Severus+Snape · · Score: 1

      So was communism, according to Marx.

      I think you are confusing communism and socialism. Marx suggested socialism as the stepping stone between capitialism and communism.

    5. Re:Wasn't GPL *intended* to be transitionary? by tepples · · Score: 2

      The GNU General Public License was intended to be used during the transition to the complete ineligibility of computer programs for copyright. I see no end to that transition.

    6. Re:Wasn't GPL *intended* to be transitionary? by Anonymous Coward · · Score: 0

      Woah, woah, woah... a direct endorsement of Microsoft? That's a bit a extreme, isn't it?

    7. Re:Wasn't GPL *intended* to be transitionary? by gman003 · · Score: 1

      Because before, companies would either not even know that it was possible for someone to do that (they would assume that the company actually wrote the code it was selling), or they would view the open-source one as unreliable and unusable simply because it was "unprofessional" (as if adding a price tag to the code magically made it better).

      Now, even businesses that hate open source are aware of it. There's enough examples of huge open-source successes both in "being widely used" AND in "makes the investors money", from Apache to MediaWiki to Quake to zlib. And with all the "Facebook uses ____" (fill in your own favorite open-source thingie) headlines combined with how Facebook alone is nearly another investment bubble, a lot of companies are thinking open-source isn't inherently bad, possibly even the Way To Do Things.

    8. Re:Wasn't GPL *intended* to be transitionary? by gman003 · · Score: 1

      To be fair, he says that about everything. You could tell him that you made him an open-source sandwich ("sudo make sandwich"), but the mayonnaise was under CC-NC-ND, and he would launch into a rant on how "fake open source is destroying the global economy" and that they might as well be molesting his taste buds with their incompatible, anti-change licenses.

    9. Re:Wasn't GPL *intended* to be transitionary? by heinousjay · · Score: 0

      I never understood what the end of copyright would bring as a benefit. It's not like people would be magically forced to release all source code. I guess software would be super cheap, but there would be fewer people working on it since there would be no money in it, so there would be less choice all around.

      Seems like a terrible goal.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    10. Re:Wasn't GPL *intended* to be transitionary? by Jonner · · Score: 1

      The GPL was written by RMS and the Free Software Foundation about ten years before the term "Open Source" was coined. The Free Software Definition and Open Source Definition are nearly identical and generally, if something is Free Software, it is Open Source and vice-versa. However, the FSF and OSI have deep philosophical differences. The primary difference is that the FSF considers software freedom to be most important, while the OSI considers the pragmatic value of source code availability to be the most important. I'm convinced that both FSF and OSI have important roles to play, as do permissive and Copyleft licenses. However, I can't agree with the proponents of the term "Open Source" who claimed that it was less confusing than "Free Software," as posts like yours make it clear that two competing terms make things more confusing rather than less.

      If the GPL was intended to be temporary, it was only until copyright was no longer relevant to software. If you need an example of the relevance of Copyleft in general and the GPL specifically, you need only look at Android. Google has made it clear that they prefer permissively-licensed software so that they can choose whether or not to release source whenever they want. They exercised that power with Android 3 (Gingerbread) by releasing no source at all with the exception of Linux, which is under the GPL v2. The fact that many companies "take open source seriously" is no reason to abandon Copyleft but rather the exact opposite.

    11. Re:Wasn't GPL *intended* to be transitionary? by shutdown+-p+now · · Score: 1

      Actually, no, it wasn't - or at least that's not the present opinion of RMS on the subject. When explicitly asked, he had this to say:

      I would be glad to see the abolition of copyright on software if it were done in such a way as to ensure that software is free. After all, the point of copyleft is to achieve that goal for derivatives of certain programs. If all software were free, copyleft would not be needed for software.

      However, abolishing copyright could also be done in a misguided way that would have no effect on typical proprietary software (which is restricted by EULAs and source code secrecy rather than copyright), and only undermines the practice of copyleft. Naturally I would be against that.

      Keep in mind that "free", to Stallman, is freedom of end user to inspect and modify the source code. So, in effect, he would only support abolition of copyright if universal copyleft was made law instead. He does not support freedom of everyone to copy and use as they see fit.

    12. Re:Wasn't GPL *intended* to be transitionary? by Anonymous Coward · · Score: 0

      GPL was designed to ban and outlaw non-GPLed software. Before you call me a troll go read the GNU Manifesto

      http://www.gnu.org/gnu/manifesto.html

      Maybe you should read up on what the GPL is really about

      "What the facts show is that people will program for reasons other than riches; but if given a chance to make a lot of money as well, they will come to expect and demand it. Low-paying organizations do poorly in competition with high-paying ones, but they do not have to do badly if the high-paying ones are banned."

      "All sorts of development can be funded with a Software Tax:

      Suppose everyone who buys a computer has to pay x percent of the price as a software tax. The government gives this to an agency like the NSF to spend on software development.

      But if the computer buyer makes a donation to software development himself, he can take a credit against the tax. He can donate to the project of his own choosing—often, chosen because he hopes to use the results when it is done. He can take a credit for any amount of donation up to the total tax he had to pay.

      The total tax rate could be decided by a vote of the payers of the tax, weighted according to the amount they will be taxed on."

    13. Re:Wasn't GPL *intended* to be transitionary? by SteeldrivingJon · · Score: 1

      Given that Stallman hates children and all they represent, he probably doesn't much care about the last one.

      --
      September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  27. BSD greatly benefited society. by perpenso · · Score: 4, Insightful

    everything has pros and cons, we can have something good for "economics" but bad for society as a whole

    That is what happens with GPL and BSD

    False. BSD has been incredibly good for society. UC Berkeley's sharing of their implementation of Unix is the very origin of the FOSS movement. BSD is where many original Linux developers learned how to do their thing. And where many Linux developers, to this day, find some pretty useful code.

    Society generally benefits from the more open and more flexible approaches. Society usually does not benefit as much from the "this is the one and only true path" approach of the zealot.

    1. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 2

      BSD has been incredibly good for society.

      BSD, as in Berkeley Standard Distribution, sure. The BSD license?

      What harm do you imagine would have come if the GPL had existed when BSD first started and they had used it instead of the BSD license?

    2. Re:BSD greatly benefited society. by Anonymous Coward · · Score: 0

      OSX would still suck?

    3. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      That's probably true. But wouldn't that help open source? By not giving its proprietary competitors the advantage of the community's own hard work?

    4. Re:BSD greatly benefited society. by perpenso · · Score: 1

      BSD has been incredibly good for society.

      BSD, as in Berkeley Standard Distribution, sure. The BSD license?

      The two are highly intertwined. The license greatly facilitated the popularity of the distribution.

      What harm do you imagine would have come if the GPL had existed when BSD first started and they had used it instead of the BSD license?

      A significant incentive for companies not to use the distribution. No SunOS, no DEC Ultrix, no NextSTEP, no Mac OS X, etc built upon a solid foundation; we probably would have had more start from scratch OS's like Windows NT and Apple's Copland. Perhaps we would have had more proprietary networking if everyone, including Microsoft, was not able to simply lift (or derive from) the BSD network stack.

      Desktop UNIX would not have made it to the average consumer, by now, as it has via Mac OS X.

    5. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      Your argument is that proprietary operating systems wouldn't be as advanced as they are now, because they would either have to duplicate the effort of the BSD people or have to make their operating systems open source. But isn't that good for open source? If BSD was licensed under the GPL then there would probably have been no interest in Linux (and thus no resources consumed on duplicating BSD under the GPL) because there would have been no need for it; it would mean that "GNU/BSD" would have had a more than ten year head start on where GNU/Linux is now. If something as polished as Ubuntu had sprouted ten years earlier than it did, would anyone still be using Windows?

      Not only that, you look at something like SunOS... Sun is a hardware company. Today a fair share of their hardware is sold with Linux on it. Ditto HP nee DEC. I kind of doubt that they would have written their own OS from scratch just because BSD was licensed under the GPL. They would either have paid AT&T to license Unix instead of getting BSD for free (with little major difference in result), or they would have just produced and distributed SunOS under the GPL -- they were in it to sell hardware, remember.

      At that point the speculation starts to get pretty wild, because if Sun and DEC (and others) had worked together to create a single GPL'd GNU/BSD in the 1980s instead of separate forks, in the way that those companies (or successors) do now with Linux, it would have completely changed the entire history of the industry. Getting a bunch of big players being a single code base would have put it in front of anything a single player could do on their own, at a time before Microsoft had entrenched the Windows monopoly. How that would have played out in the long run is anybody's guess, but I would tend to think that there would be a lot more people using BSD today than there are now, even if you include OS X.

    6. Re:BSD greatly benefited society. by jbolden · · Score: 1

      Free software predates Berkley Unix. Berkley Unix itself came from AT&Ts open source version of Unix. Open source predates Unix, what AT&T did was not unusual. All through the 1950s and 60s distributing source was almost universal.

    7. Re:BSD greatly benefited society. by perpenso · · Score: 1

      Free software predates Berkley Unix. Berkley Unix itself came from AT&Ts open source version of Unix. Open source predates Unix, what AT&T did was not unusual. All through the 1950s and 60s distributing source was almost universal.

      "Open source" in the FOSS sense is more than having access to the source code. My understanding is that AT&T licensed the software to pretty much anyone who asked. Over the years I've had access to the source code of various commercial proprietary libraries by getting the source code license rather than just the binary license. Doing so does not make this code FOSS, there needs to be the ability to redistribute the source among other things.

      I get the sharing thing on an individual basis. Back in the days of CompuServe, BIX and various BBS' people would offer code to someone who was trying to figure something out, point out bugs when someone was stuck, etc. All without concern as to whether stuff was used in commercial or public settings. Just one programmer helping out another programmer.

    8. Re:BSD greatly benefited society. by perpenso · · Score: 1

      If BSD was licensed under the GPL then there would probably have been no interest in Linux (and thus no resources consumed on duplicating BSD under the GPL) because there would have been no need for it; it would mean that "GNU/BSD" would have had a more than ten year head start on where GNU/Linux is now.

      Not really. BSD was ported to the PC as soon as practical. Its been argued that Linux only got ahead because of BSD getting tied up in an AT&T lawsuit. That lawsuit would have happened regardless of a BSD or GPL license. So maybe your GNU/BSD would have lagged with respect to progress as it was tied up in court.

      ... you look at something like SunOS... Sun is a hardware company. Today a fair share of their hardware is sold with Linux on it. Ditto HP nee DEC. I kind of doubt that they would have written their own OS from scratch just because BSD was licensed under the GPL. They would either have paid AT&T to license Unix instead of getting BSD for free (with little major difference in result), or they would have just produced and distributed SunOS under the GPL -- they were in it to sell hardware, remember.

      Licensing AT&T seems more plausible, as SGI did. Linux never seemed particularly interesting to Sun. It looked like they only went x86 and Linux as their business began to struggle. They tried to offer low end servers running Linux so as not to dilute the Solaris brand, and then tried upgrade these users to higher end hardware and Solaris. Sun didn't really embrace Linux beyond this, as their business struggled they tried to open Solaris under their own FOSS license. I'm not sure why a GPL'd BSD would have been any more attractive to them than Linux.

      At that point the speculation starts to get pretty wild, because if Sun and DEC (and others) had worked together to create a single GPL'd GNU/BSD in the 1980s instead of separate forks, ...

      They could have done so with under the BSD license. I don't see why the GPL license would have discouraged forking.

    9. Re:BSD greatly benefited society. by kangsterizer · · Score: 1

      That's true, but that's a one time event. This probably won't happen ever again (sadly)

    10. Re:BSD greatly benefited society. by Anonymous Coward · · Score: 0

      What harm do you imagine would have come if the GPL had existed when BSD first started and they had used it instead of the BSD license?

      UNIX would have never left AT&T.

      Linux would have never been created to copy UNIX.

    11. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      Not really. BSD was ported to the PC as soon as practical. Its been argued that Linux only got ahead because of BSD getting tied up in an AT&T lawsuit. That lawsuit would have happened regardless of a BSD or GPL license. So maybe your GNU/BSD would have lagged with respect to progress as it was tied up in court.

      It might have (and then we still would have ended up with Linux as a clean room alternative), but that's just historical happenstance that as you say would have had nothing to do with the license. And if the lawsuit hadn't happened under the existing BSD license, I doubt BSD-licensed-BSD would be in a significantly different place than it is now: All the companies that created proprietary forks would still have done so.

      I'm not sure why a GPL'd BSD would have been any more attractive to them than Linux.

      In the early 1980s when they were just starting out, a free-as-in-beer GPL'd BSD would have been potentially more attractive than paying AT&T what would have been big money to a then-small company. SunOS would then have been what it was, but released under the GPL. Then third parties would have made contributions to it under the GPL and Sun wouldn't have been able to merge them with System V in 1991 to create Solaris without licensing the end product under the GPL, which would have made the merging with System V either less likely to happen or more likely to stay under the GPL.

      But never mind Sun for a second. The point is that if any one significant player did it, everybody would have ended up doing it: It's what is happening with Linux now. Every vendor's old proprietary Unix is slowly dying out and being replaced by Linux. Because what happens is this: One vendor decides to start offering Linux (or GNU/BSD or whatever GPL-licensed OS). Somebody else (maybe a vendor, maybe a user, maybe some professor) realizes they can port it to other another vendor's hardware, and they do. The latter vendor thinks this is great because it makes it easier to convert customers accustomed to the first vendor's OS to the second vendor's hardware, so they support the effort. So does every other vendor, and then customers start preferring the portable GPL'd OS over the proprietary ones because it makes them less tied to a single vendor. The fact that everybody supports it and everybody wants it yields network effects and it takes over the market.

      The reason this wouldn't happen with the BSD license is naturally that the OS the first vendor derives from the BSD licensed code is not actually distributed under the BSD license since there is no obligation to, so it never gets ported to a second vendor's hardware.

      They could have done so with under the BSD license. I don't see why the GPL license would have discouraged forking.

      I don't mean to say that there would be no forks in the sense that Ubuntu is a fork of Debian. But there would have been no forks in the sense that SunOS is a fork of BSD. The difference being that when some improvement is made to Ubuntu, it more often than not ends up in Debian and vice versa. Whereas when DEC would make an improvement to Ultrix, it stayed exclusively in Ultrix. It never made it to AIX or IRIX or anything else, or if it did it was because those vendors reimplemented it from scratch.

      Eliminating that sort of wasteful duplication and reduplication of effort by each vendor leaves many times more development resources available, which allows the 95% of the code that each distribution shares to advance far faster than code which is maintained by only a single vendor that individually has to pay for every dime of development costs instead of sharing the burden five or six ways or more.

    12. Re:BSD greatly benefited society. by Anonymous Coward · · Score: 0

      Umm - it's berkeley system distribution.

      and - wow. you're just missing alot of history here.

      go read up on the origins of sun, etc,
      symbolics & rms and how that led to the gnu project
      the sunos 4 vs sunos 5 controversy
      and realize that the culture that most of this software comes from
      is mostly 'public domain', and that was the de-facto culture, which
      has a huge thread of many many people that continues today

      etc.

    13. Re:BSD greatly benefited society. by Anonymous Coward · · Score: 0

      What harm do you imagine would have come if the GPL had existed when BSD first started and they had used it instead of the BSD license?

      Well, the 2 most popular operating systems would have based their networking stack on something else, for example.

    14. Re:BSD greatly benefited society. by perryizgr8 · · Score: 1

      yeah that would have helped open source, but i thought freedom was the point? not just the benefit of gpl and its promoters?

      --
      Wealth is the gift that keeps on giving.
    15. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      yeah that would have helped open source, but i thought freedom was the point? not just the benefit of gpl and its promoters?

      It's a virtuous cycle. It's clear that the GPL allows more freedom than a closed source license: There are some restrictions on distribution, but distribution is allowed in unlimited quantities rather than totally prohibited. Therefore, if open source operating systems are better than the alternatives, more people will use them and they'll become even better, so that more people will use them, etc. And the more people who use them, the more people will have the freedom to make changes to the OS they use and publish them, hence promoting freedom.

    16. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      You're assuming that they would still have been the two most popular operating systems.

    17. Re:BSD greatly benefited society. by perryizgr8 · · Score: 1

      yeah that would have helped open source, but i thought freedom was the point? not just the benefit of gpl and its promoters?

      It's a virtuous cycle. It's clear that the GPL allows more freedom than a closed source license: There are some restrictions on distribution, blah blah...

      then gpl is not about freedom, it is about gpl.

      --
      Wealth is the gift that keeps on giving.
    18. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      Freedom is subtle and complex. People write entire books about it, but apparently your troll brain is incapable of comprehending even a single paragraph.

      Let's try again: Absolute freedom is anarchy. Anarchy is unstable, because the power vacuum it leaves is immediately filled by warlords and dictators. Warlords and dictators destroy freedom. Therefore, if we don't want all freedom to be destroyed, we have to remove the freedom of would-be warlords and dictators to become our rulers.

      You should now be experiencing a mild burning sensation in your tiny troll brain as it becomes excited by the possibility of responding sarcastically with "you have to destroy freedom to save it." The flaw in this so-called argument is that the freedom you are giving up is not the same freedom that you are saving. What you are doing is giving up one freedom in order to defend all of the others, because you know that without any means of defense you will lose them all, including the one you sacrifice to protect the others.

    19. Re:BSD greatly benefited society. by perryizgr8 · · Score: 1

      Ok. I agree. But you could have done this without resorting to name calling too.

      --
      Wealth is the gift that keeps on giving.
    20. Re:BSD greatly benefited society. by Anthony+Mouse · · Score: 1

      Generally speaking, if you act like a troll, people will call you one. Running around posting a response to everybody's comment that amounts to "nuh uh" is probably not the best way to earn anyone's respect.

      "then gpl is not about freedom, it is about gpl" is not an argument, it's a conclusion. Conclusions have to be supported by something, otherwise the discussion is nothing but a Bugs Bunny cartoon where one person says "yes it is" and the other person says "no it isn't" until they both die of stupidity or Elmer Fudd shoots one of them.

  28. Re:BSD license was always more permissive, so grea by Balial · · Score: 2

    Some developers are very happy to have their work included in something and used widely. BSD makes companies include an acknowledgement of the use of your work, so you can know you made that project happen. Presumably, if a lot of money is being made by some company that includes your free software, you've helped build something cool that people want. I think a lot of developers see GPL as a "taking my toys and going home" license which discourages free use. If you weren't going to make a million dollar idea with your software, why stop someone else?

    Do you get the cash? No. Are your motives really that good if you opened your software only to make money? No. Does a commercial venture using your code prevent free projects from springing up around your work and building the same things as you could if you'd GPL'd it? No.

  29. Re:BSD license was always more permissive, so grea by Microlith · · Score: 3, Insightful

    Because the only way to make money is to take open source software and ensure that the recipients of your modified version cannot have the source code? Or that the source code must absolutely be integrated deeply into yours?

    Making money with the GPL requires a LOT more diligence since v3 came out.

    I know, those pesky anti-DRM requirements sure make it hard to squeeze your users for money.

  30. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    I think it's more related to the Political BS around GPL and the GPL3 stuff

    Maybe one needs a 'new GPL' something in the spirit of it, but as simple (or at least as simple as possible) as the BSD

    I understand why would someone use the GPL versus the BSD, except that for somethings it really doesn't matter

  31. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I don't see why anyone would not want to use the GPL if they want their software to be free and open. Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back? Maybe these developers are hoping to get bought out by a large company someday?

    Probably, not everyone values the freedoms in the same way. Some people do open source and/or Free software purely out of self-interest. Say I really don't want to develop some software, but I really want/need that software because existing solutions don't really meet my needs. So, I create an open source project, not because I want my code Free, but purely because I want other people to help maintain it. Now, some company might come along and commercialize the code. But, from my perspective, this is great. I didn't really want to lead the project in the first place. I'd rather keep using the free version, or pay a little bit for the paid version. Also, if I later want to sell out, that is good for me.

  32. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    >I simply can't take and not give back.
    Unless you don't distribute it. In which case you can do exactly that.

  33. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    It might be, but from my perspective I think it is not. If you are developing a library, it's IMO better to not to have it GPL'ed. Actually, GPL libraries are used mostly from commercial providers , a variant of 'free for non-commercial use'. If you want to make society better with your software, do it LGPL or BSD or something like it; then ANYBODY can use it for ANY project; not only free (or some more-or-less-private) project. If more people can use it, it's better for the society than if less people can use it.

    As for patches being brought back - because there is a cost involved in maintaining libraries, I believe the commercial use is giving back the patches to the community; unless they did a major rewrite - in which case the 'loss' to the community is limited, because they would have written the library completely by themselves if the license didn't allow them to rewrite it and keep it private.

  34. It stopped being about the software by Dhrakar · · Score: 0

    Personally, I think that the downhill slide started when the GPL became more about protecting the philosophy and less about protecting the programs. Keeping open source open is all well and good, however, forcing folks to open up their goodies is not good. One person's freedom to share their code is just as valid as another person's freedom not too. Of course, having said that it is important to note that the person who does not share their code is going to have to work that much harder to ensure that their users are getting(and kniw that they are getting) a good,reliable deal. We have all seen examples of both great and sucky closed source and open source software.

    1. Re:It stopped being about the software by Microlith · · Score: 1

      forcing folks to open up their goodies is not good

      What does it force? The only new things in the GPLv3, at least that I recall, was a bar on using it in systems that locked the system down and prevented the user from installing custom built versions of the GPL software.

    2. Re:It stopped being about the software by shentino · · Score: 3, Insightful

      Which strikes an anti DMCA nerve with Big Content folks who don't want to lose the leash they have their users bound by.

      Telling a commercial company to use the GPL is like telling an alcoholic to lob a nuke at the brewery.

      Companies LOVE screwing their users over, and giving that up is too hard.

    3. Re:It stopped being about the software by Microlith · · Score: 1

      But how is fighting against such jackassery "not good?"

    4. Re:It stopped being about the software by Anonymous Coward · · Score: 0

      With GPLv3, even if you use a library, improve it and publish the code/changes, you'd still have to open source your entire software just because of that library. Now, you may say "what's the deal, code should be free, bla, bla, bla", that's all fine and dandy for your personal project, but not for the big guys.

    5. Re:It stopped being about the software by Anonymous Coward · · Score: 0

      I'm pretty sure that's the exact reason the GPLv3 was invented.

    6. Re:It stopped being about the software by shentino · · Score: 1

      I didn't say it wasn't, just explaining why the GPL is pissing off the 800 pound gorilla in the room.

  35. Re:BSD license was always more permissive, so grea by the+eric+conspiracy · · Score: 5, Informative

    In my previous job I had customers who were deathly afraid of GPL to the point where they would not allow me as their supplier to use any open source code in the products I supplied regardless of what the license was or if it saved money.

    For these people anyway GPL was a real impediment to the acceptance of open source.

  36. Re:BSD license was always more permissive, so grea by l00sr · · Score: 4, Insightful

    Agreed. I think the shift has occurred because of increasing corporate interest in open source. BSD is seen as more corporate-friendly than GPL, when in fact it should be the other way around--BSD allows your competitors to reap the fruit of your labor without giving you anything in return. Start-ups, however, are lured by the idea of being able to close-source everything once their product becomes a smash hit, while established companies face genuine legal issues preventing them from linking GPL'ed code with closed-source code from vendors.

    So, start-ups really need to ditch the bait-and-switch fantasy that's driving them towards the BSD. Back in the real world, most such start-ups will fail long before they ever create a popular enough product to pull this trick, and it will partially be due to the fact that they brilliantly gave away all their work to their closed-source competitors for absolutely nothing in return.

  37. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    The GPL isn't a license so much as a political agenda. You can summarize it in a couple sentences, but sit down and actually read the whole thing some time.

    Many companies use software internally. They take that work, profit from it, and give nothing back. How is the GPL any better than BSD under that scenario?

  38. Re:BSD license was always more permissive, so grea by syzler · · Score: 2, Interesting

    I need to make a living and am currently doing that by writing iPhone apps. GPL is fine in an idealistic world, however people are not idealistic and do not give you money for being a nice guy. When I release software as open source (https://github.com/bindle/BindleKit), I do it to be helpful to others. The GPL greatly restricts the ability of some one to use my software. Just because one developer uses my library in a proprietary application does not exclude another developer for using my library as well. What is the point of software being called open source when it is not usable by developers?

  39. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    Yes, I've heard similar stories many times in recent years. You see small companies that don't want anything to do with it because they're afraid of risks they don't fully understand. And you see large companies that don't want anything to do with it because their legal departments are well aware of the risks and issue company-wide bans, and you don't argue with company-wide bans from Legal.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  40. Re:BSD license was always more permissive, so grea by TheRaven64 · · Score: 5, Informative

    The problem with that claim is that it's not even remotely true. For example, consider Google. They have their own private fork of Linux (GPLv2) which includes things like their own filesystem. Some changes are contributed back to the community because maintaining them in a private fork costs more than the loss of competitive advantage from sharing them. Some are kept private, because the scales tip the other way.

    In contrast, Yahoo uses a private fork of FreeBSD on a lot of their systems. They employ several FreeBSD developers and contribute a lot of changes back if doing so won't give away a serious competitive advantage, but they keep some things private.

    One project has a permissive license, the other has a strong copyleft license, but the behaviour of downstream users is identical in both cases. The GPL doesn't stop you using, modifying, or profiting from the code without giving anything back, it only prevents you from refusing to share the source for your modifications with anyone who receives a binary.

    --
    I am TheRaven on Soylent News
  41. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Right on. BSD is the real free software license.

  42. How is this licence scored? by Hadlock · · Score: 2

    One of my projects was released under the WTFPL: http://sam.zoy.org/wtfpl/
     
    I'm not exactly sure what this entails other than it releases me from liability if someone else uses it. There are so many hobbyist level projects these days that someone is probably replicating your project's purpose under a different codebase it doesn't really matter what you licence it under - you're lucky to get 2-3 people using your project's code. My other project got released under "the Berkeley licence" simply because my father went to school there years ago, and it was relatively short. Maybe I should make a "free licence roulette" website to help other hobbyist projects pick random licences.
     
    TL;DR most hobbyist developers only include a licence as a formality

    --
    moox. for a new generation.
    1. Re:How is this licence scored? by Microlith · · Score: 1

      TL;DR most hobbyist developers only include a licence as a formality

      Caveat: failure to include a license leaves "no redistribution" as the only reasonable answer to license questions.

    2. Re:How is this licence scored? by DamonHD · · Score: 1

      Agreed: failure to include any licence means that there are many commercial and non-commercial situations in which I can't reasonably use your code at all.

      At the very least you should include a "Do with this code what you will but I am not responsible for anything bad that happens" clause if you want it actually to be used by people that give a sh*t about others' rights.

      (My preference is to release my own code under BSD to give maximum freedom to users of my code to do what they wish with it, but I have bits of my code in Linux/apps as well which presumably means that they are GPLed.)

      Rgds

      Damon

      --
      http://m.earth.org.uk/
    3. Re:How is this licence scored? by Anonymous Coward · · Score: 0

      Why do licenses need to remove liability? From what I know, you are only liable up to the cost of the product. Free product, no liability other then your reputation. Plus I wouldn't be surprised if you couldn't remove that liability for merchantability reasons.

    4. Re:How is this licence scored? by Anonymous Coward · · Score: 0

      I've seen WTFPL licensed code used in internal apps for a Fortune 500 company.

    5. Re:How is this licence scored? by Hadlock · · Score: 1

      Good question! I am not a lawyer, but if a hospital decided to use your software, and someone later died due to your bug, I imagine that having waived your liability, in writing, would make your legal defense bill much less if someone decided to come after you in a wrongful death case. The odds of that happening are astronomical, but for whatever reason it's in the first paragraph of every EULA I've ever seen.

      --
      moox. for a new generation.
    6. Re:How is this licence scored? by Jonner · · Score: 1

      All software licenses, Free and proprietary alike, disclaim liability. If you're not sure which license to choose for Free or Open Source software, the GNU guide can be helpful. Even if you don't agree with their philosophical reasons for Copyleft, you can use the Apache License 2.0, which is the permissive license they recommend. If the Apache License 2.0 is good enough for the FSF, OSI, ASF, Google and so many others, it's probably good enough for you.

    7. Re:How is this licence scored? by rtfa-troll · · Score: 1

      From what I know, you are only liable up to the cost of the product.

      Totally untrue. If you sell 0.1 dollar screws with a certificates that they're safe to hold a ton of equipment and then it turns out they were all bad because you completely failed to use the right metal, you can be liable for the entire cost of any accident caused.

      Plus I wouldn't be surprised if you couldn't remove that liability for merchantability reasons.

      There may be cases where you can't remove liability when the product is used as designed. However, you can clearly state what the product is designed for. If you say your screws are "suitable for hanging coats on; not safety critical applications" and then someone uses those screws to hold up a circus wheel the person who misused the screws becomes liable; not you.

      Software is used in different things, from games through office applications up until nuclear warfare. You may be perfectly reasonable to say "use this for playing or personal finance, but don't run your operating theatre off it". The fact that you have done this may really reduce your liability in a case where, for some other reason, someone thought that it might be suitable for medical uses.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    8. Re:How is this licence scored? by perryizgr8 · · Score: 1

      slashdotted!

      --
      Wealth is the gift that keeps on giving.
    9. Re:How is this licence scored? by Hadlock · · Score: 1
      --
      moox. for a new generation.
  43. Re:BSD license was always more permissive, so grea by Billly+Gates · · Score: 1

    If you made something that could make you a fortune, pay for your house, student loans, and a company of your own then you would understand why.

    Case in point? Look at earlier this week when someone invented something with cameras that no one else could do in /. stories? Problem was the toolkit is under GPL. How is that fair? There work was worth money but the GPL forced them to give away the algorithms to conpetitors so a whole clone of the toolkit was needed.

  44. Re:BSD license was always more permissive, so grea by hedwards · · Score: 1

    Right, because obviously nobody would redistribute GPL code without complying with the requirements. Give me a few minutes whilst I laugh at you for missing the cases where that's happened. Probably the first one to pop to mind was Pornview a graphics viewer that ultimately did just that.

  45. PHASES !! FROM MBA G. NOME !! by Anonymous Coward · · Score: 0

    Phase 1. Create software to honor RMS via GPL route !!
    Phase 2. ??
    Phase 3. Profit !!

  46. Re:BSD license was always more permissive, so grea by TheRaven64 · · Score: 5, Insightful

    to most companies GPL == toxic

    In my experience, it's a little bit more complex than that. To most companies, the GPL is complicated. They can almost certainly use GPL'd code without violating the license, but their lawyers aren't 100% certain. Their lawyers are certain that they can use BSD licensed code without violating the license. Their lawyers are also certain that they can use proprietary code without violating the license, because they get a license that explicitly permits them to do what they want.

    I've seen several cases of the GPL driving companies to buy proprietary solutions: given the choice between buying a proprietary license and using free GPL'd code, they'll pick the proprietary solution and limit their (perceived) liability. If there's a BSD licensed alternative, they'll use that and quite often contribute changes back (after all, it's usually cheaper than maintaining a private fork).

    --
    I am TheRaven on Soylent News
  47. Re:BSD license was always more permissive, so grea by ZankerH · · Score: 5, Insightful

    It's more like having freedom of speech, but anyone who feels like it can revoke it. GPL doesn't restrict freedom, it enforces freedom.

  48. Re:BSD license was always more permissive, so grea by Filter · · Score: 5, Insightful

    gpl first freedom (0):
    "the freedom to use the software for any purpose"

    "we encourage people who redistribute free software to charge as much as they wish or can."
    from http://www.gnu.org/philosophy/selling.html

    The cost of distributing someone else's gpl work is licensing your derivative work under the same license. The face up fairness of this deal is what appeals to so many developers. Every license has rules.

    --

    "better ways of doing things eventually just replace the inferior things" - Linus Torvalds 09-08-07

  49. Re:BSD license was always more permissive, so grea by Microlith · · Score: 5, Insightful

    Perhaps the fact that all these new, fancy mobile devices running Android have kernel sources available. I'm sure if it were BSD we wouldn't see anything, and hacking them to do as we wish would be considerably more difficult.

    Of course, this is my opinion and you are free to reject it as "invalid" if you see fit.

  50. Bad statistics by eexaa · · Score: 3, Informative

    The statistic shows percenage of actual project count, and doesn't anyhow respect the overall usage or size ("importance/weight") of the software.

    I'm therefore afraid that the plot is biased by a large amount of tiny projects that are used by 10 people and choose some cc-by-sa alternative because it's simple enough and often a "default" choice.

    1. Re:Bad statistics by Steauengeglase · · Score: 1

      This. It is comparing facebook posts to blogs.

      It is easy to hit the "fork" button on GitHub and add a read me. And what license are we going to use for this billion dollar idea we have, that we'll probably never get around to? We'll use MIT!

      Not that there is anything wrong with that, but damn there are a ton of them.

  51. Re:BSD license was always more permissive, so grea by stanlyb · · Score: 0, Flamebait

    And the biggest abuser of GPL? Anyone? Yes, you are right, it is GOOGLE.

  52. MS-PL by markkezner · · Score: 4, Interesting

    I see that the Microsoft Public License is grouped in with the other permissive ones like Apache and BSD. Honest question though, is the MS-PL actually a popular choice for non-Microsoft projects? I've never really seen it much, and my intuition says that a decent set of open source devs would be allergic to a Microsoft license.

    --
    Dangerous, sexy, turing complete: Femme Bots
    1. Re:MS-PL by cdrnet · · Score: 1

      It's actually not that popular in Microsoft projects either. Even Microsoft itself doesn't really use them, their recent open source projects mostly use the Apache license.

    2. Re:MS-PL by cbhacking · · Score: 1

      Windows is still the most widely used desktop OS (by a large margin). I suspect that lots of Windows devs only recently discovered open-source (lots of other devs too, there's new ones made all the time) and discovered that there is a "Microsoft-blessed" open-source license. You must remember, the vast majority of people do not intrinsically hate Microsoft. To most folks, Microsoft is "the big company that makes the software on my computer" and is no more good or evil that "The big company that helps me find stuff online" Google or "the big company that helps me connect with my friends" Facebook or "the big company that makes TVs and PlayStations" Sony, to name some other companies that those who follow tech news typically have a dim opinion of (or at least of some subset of).

      It's entirely possible to be a developer, even an open-source developer, without sharing the opiniions, prejudices, and bias, be they valid or otherwise, common to the GNU/FSF community of coders. It's also possible that some people really like having a open-source permissive license which is basically the BSD license with patent protection built in (automatically grants a license for patent use, provided the recipient isn't suing the developer over patent use, is my reading - but IANAL). Pretending software patents don't exist (at least in the US and a number of other significant countries) isn't going to make them go away. Either strip out that clause or invalidate software patents world-wide, and the MS-PL is basically just the BSD license.

      --
      There's no place I could be, since I've found Serenity...
    3. Re:MS-PL by ulricr · · Score: 1

      That's an interesting question. It's being listed because what he study say is that there are more and more new open source projects, and these new projects are using these licenses. Microsoft is publishing a lot of new open source projects and so are users on CodePlex and that is reflected in the study. It doesn't have to be used by many other parties, it's an open source license with the critical mass of projects to be worth mention.

    4. Re:MS-PL by ulricr · · Score: 1

      Here are the numbers ! 1.80% for MS-PL http://osrc.blackducksoftware.com/data/licenses/

    5. Re:MS-PL by shutdown+-p+now · · Score: 1

      Ms-PL is more or less BSDL with a patent MAD clause ("if you sue us over some patent that pertains to this software, we revoke our patent grant to you for any of our patents that pertain to this software"). It's not all that popular mainly because most FOSS developers don't have any patents of their own such that this clause would make any sense to them. On the other hand, this clause makes it incompatible with GPL, whereas vanilla BSDL or similar licenses are not.

      It used to be one of the more notable licenses used to redistribute genuine Microsoft-produced FOSS - most notably, both IronPython and IronRuby were under this license, and so is ASP.NET MVC. Since Iron* languages were both relicensed under Apache license when they were handed over to the community, ASP.NET MVC is the only remaining major project under this license.

  53. Re:BSD license was always more permissive, so grea by TheRaven64 · · Score: 1, Informative

    Yes there would. Compile a program, give a less-computer-literate friend a copy of the binary. Don't give them the source, because they've no need of it (and can grab it from upstream if they really need it). Forget to include a written offer good for three years to provide the source. You've just violated the GPL, meaning that you have no license to distribute the software, and are therefore a committing copyright infringement (or 'piracy' in the vernacular).

    --
    I am TheRaven on Soylent News
  54. That maybe isn't even the core question by roguegramma · · Score: 1

    One reason to be for the GPL as a FOSS license is that it is there.
    There often are problems with merging code and projects under different licenses,
    and having more of them, isn't better.

    2nd answer:
    Not all popular licenses are FOSS licenses.
    The BSD license is a permissive license.
    Calling it a business license would be as sensible.

    3rd answer:
    Many good intentions have been invested in the GPL.
    It is a license with a concept behind it.

    --
    Hey don't blame me, IANAB
    1. Re:That maybe isn't even the core question by fnj · · Score: 1

      I think you can substitute "BSD license" for "GPL" everywhere in your post and it would still be true, as it is now. The exception is the paragraph "2nd answer," which I completely fail to understand.

  55. Its About the Projects Changing by ohnocitizen · · Score: 4, Informative

    Licenses are like programming languages - the right tool for the right job. Some projects - especially those authors want adopted in a business environment - are going to want to go with more permissive licenses. A trend like this says that more and more projects feel they need to be more permissive, not that people are abandoning the GPL. The question becomes why do they need to be more permissive? I'd wager a guess that it has a lot to do with the number of corporations involves in supporting, expanding, and creating open source applications. As for myself, my next two projects are going to be using GPL 2 - but then again corporate adoption of my software is not a goal.

    1. Re:Its About the Projects Changing by Anonymous Coward · · Score: 1

      There has been a concerted effort from companies like Apple, Nokia, and Qualcomm to hire up OSS developers and prohibit them from working on OSS projects with licenses that have any kind of patent grant or waver (e.g. BSD okay, GPL is not).

      It's not uncommon anymore to see messages from former GCC developers, for example, saying they can't contribute to GCC anymore and are instead working on LLVM for this reason.

  56. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 0

    >I simply can't take and not give back.
    Unless you don't distribute it. In which case you can do exactly that.

    Just like Google does. And GPL doesn't prevent any of that, while it's essentially the same. Google also improves upon GPL'd software, but just because it's server side they don't need to give it away. You're working towards Google profiting while they have no need to give anything back. They aren't distributing the code, but end result is essentially the same.

  57. Re:BSD license was always more permissive, so grea by vadim_t · · Score: 2

    Heh, but I don't want to, which is why I write GPL3 code.

    The GPL lets me ensure payment in some form. Either I get source, or I can possibly get money in exchange for a different license.

    If you're not happy with that, then of course I don't get anything, but since there's nothing in it for me if I let you use my code without benefitting from it, it doesn't really make a difference.

  58. Re:BSD license was always more permissive, so grea by Microlith · · Score: 1

    The problem with that claim is that it's not even remotely true.

    Err, it is true. Perhaps I wasn't specific enough, and the response before yours acknowledges the only case in which it is true.

  59. Economy by multimediavt · · Score: 2

    I would have to imagine that the more the economy goes into the toilet the more independent developers (that may now be unemployed) and corporations (that may be struggling financially) are choosing to profit from their work to stay alive. The GPL and LGPL license terms have been taking a beating recently, but the acceleration of their potential demise may also be due in part to the realities of our current, global economic condition.

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

      You have to appreciate the fine irony. The GPL can only survive when capitalism is on its height - i.e. to code in GPL is an act of decadency made only possible because people earn real money elsewhere. GPL needs the evil corporations they are fighting, or no one (well, except Stallman) would have the realistic option to work on such projects.

  60. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    How is that fair?

    How isn't it fair? They didn't make the toolkit, and they agreed to the license. They should've used something else if they didn't want that to happen (too bad for them if it doesn't exist).

  61. Re:BSD license was always more permissive, so grea by Billly+Gates · · Score: 0

    So if I invent a robot with my own ai code but it uses GPL apis and links can I sell them? Nope

    Thats redistributing. What if I onvested 5,000,000 making the code? Whoops competitors now use my code and undercut me because they didnt have to invest the 5,000,000. I go out of business.

    Google gets a free ride because they are not redistributing. For everyone else who makes smart appliances you are screwed. Small business owners are too. You cant sell your company as that too counts as redistribution. People blasted Bill Gates for calling it viral but he has a point. If it links to gpl you dont own it.

    Just google router xompanies? Gnu went after them

  62. Re:BSD license was always more permissive, so grea by tlambert · · Score: 1

    Because the only way to make money is to take open source software and ensure that the recipients of your modified version cannot have the source code?

    Don't be ridiculous!

    As Richard Stallman's personal example proves, you can also get MacArthur Fellowship grants, work in academia, and get paid to lecture and sleep on other people's couches wherever you go.

    Or that the source code must absolutely be integrated deeply into yours?

    And again, you are being ridicuous!

    Look at the huge numbers of integrated development environments and graphical debuggers that have arisen around gdb because you don't need deep integration, and gdb itself lends itself so readily to use as a modular component via popen(3)! Why do you think it has such a sophisticated and useful macro command language, with stack variables and the ability to do shadow state locally, rather than forcing you to allocate memory on the target to store string variables?

    Oh wait. Perhaps that was not the best example of a GPL'ed product from the FSF itself which can be used modularly in other software...

    -- Terry

  63. GPL best for services by etresoft · · Score: 1

    GPL is best for companies using it as a service. They can take the GPL'ed code, make proprietary changes to it, and then use that software to sell services and/or advertising to people using free services. This is the best way to profit from GPL. As long as they aren't "copying" the GPL'ed software, they have no obligation to release any changes or derived software.

  64. Re:BSD license was always more permissive, so grea by Microlith · · Score: 5, Interesting

    And even that is not wholly correct. Perhaps this works best:

    I can profit while using GPL software. I simply cannot close the source code as a means of forcing my customers into a dependency on me. Which is why the GPL was created in the first place.

  65. Re:BSD license was always more permissive, so grea by zill · · Score: 2

    Sorry, I'm not sure what you're referring to. Which google product are you accusing?

  66. Even the BSDs are not completely GPL-free yet by cpghost · · Score: 1

    However, they're trying to get rid of GPL software in the src tree as fast as they can.

    --
    cpghost at Cordula's Web.
    1. Re:Even the BSDs are not completely GPL-free yet by Anonymous Coward · · Score: 0

      Talk about fanaticism...

    2. Re:Even the BSDs are not completely GPL-free yet by Anonymous Coward · · Score: 0

      However, they're trying to get rid of GPL software in the src tree as fast as they can.

      This is why it is very important that the use of the GNU system is spread in favor of non-free non-GPL systems which do not respect the users freedom.

    3. Re:Even the BSDs are not completely GPL-free yet by Anonymous Coward · · Score: 0

      Indeed -- I remember laughing my head off at this: http://www.opencvs.org/

      The disconnect from reality is just amazing... but whatever floats your boat, I guess.

    4. Re:Even the BSDs are not completely GPL-free yet by Anonymous Coward · · Score: 0

      Yes BSDs and Solaris are "infected" with GPL code. I was hoping to escape the GPL poison when I installed bsd and solaris only to find the same regular gpl applications as Linux. And obtaining the source for those GPL components is very difficult. OpenBSD doesn't even maintain a source repo. It downloads software from the author's website and patches and compiles them on the fly. When i tried to download the source for Samba, the download links were broken and it failed to compile. Therefore I couldn't get the "complete corresponding source" according to gpl regulations. OpenIndiana was difficult to obtain source also. No source DVD or convenent way to download the complete gpl source.

  67. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    Their own filesystem implemented in the Linux kernel? Maybe your sources are better than mine, but I doubt it. If you're talking about GFS, what I have heard is that it is implemented in user mode, not the kernel. Wikipedia also says this.

  68. Re:BSD license was always more permissive, so grea by Hognoxious · · Score: 0

    I'm aware that it's a legal term, not a physical or natural law.

    Does 38 have to be prime to prove the rule that there are no even primes greater than three?

    So tell me, o mighty spouter of clichés, what the fuck your statement has it to do with the question at hand?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  69. Re:BSD license was always more permissive, so grea by onefriedrice · · Score: 5, Insightful

    It's more like having freedom of speech, but anyone who feels like it can revoke it. GPL doesn't restrict freedom, it enforces freedom.

    Yeah, except a company which decides to use and modify open source software without giving back does not revoke anyone else' right to the code... so, in other words, it's not like that at all.

    --
    This author takes full ownership and responsibility for the unpopular opinions outlined above.
  70. Re:BSD license was always more permissive, so grea by gr8_phk · · Score: 1

    The freedom to deny others the same freedoms you enjoy is not part of a free society.

  71. Program to honour R.M.S. by roguegramma · · Score: 1

    while(!false) people.select("stallman.richard[middle_letter='m']").hair.comb(combs.grab());

    --
    Hey don't blame me, IANAB
  72. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    No, it's like saying you have freedom of speech, and if you want to use it you must also let other have freedom of speech.

  73. Propaganda disguised as an "article" again. by Anonymous Coward · · Score: 1

    This text has noting to do with reality, and is all skewed and twisted with the point of directing our behavior in a certain direction. (Well, all communication is, a bit. But here, it's the only purpose.)

    By the way: The problem with licenses is, that they are still a part of the "intellectual property" delusion.
    There is only one way to kill that and all the organized crime that feeds off of it: NO license.
    But because in reality, this means others taking your code (which itself is obviously OK), but then using "licenses" and their bought criminals in the government to sue YOU.
    So to solve that, do the following:

    Create a "'NO LICENSE' LICENSE". Which should only say that "YOU ARE NOT ALLOWED TO DO ANYTHING WITH THIS CODE. AT ALL. EVER."
    This assumes that anyone who didn't fall for the "IP" lie, knows that licenses are by definition nonsense and never enforceable, and hence invalid and void. So we can still use that code freely however we want. But anyone who is retarded enough to have fallen for the lies, will have to adhere to this "license" and never ever use your software. Punishing himself for his stupidity, and giving natural selection a push in the right direction. :)

  74. Re:BSD license was always more permissive, so grea by blane.bramble · · Score: 1

    Are you aware of what the phrase actually means? The correct meaning is, that it is the unusual data (the exception) that tests (proves, old meaning) the rule (by showing whether it holds for it). In other words *not* that something that defies the rule confirms it, but something unusual that shows the rule still works.

  75. Re:BSD license was always more permissive, so grea by iluvcapra · · Score: 3, Insightful

    it enforces freedom

    You're gonna be free wether you like it or not!

    The freedoms are rivalrous -- you're free to distribute a piece of software however you please, or you're free to extend a piece of software however you please. The first one is a commerce right, the second one is a moral right. Both of these can't always be satisfied.

    --
    Don't blame me, I voted for Baltar.
  76. could totally do it by Chirs · · Score: 3, Informative

    If you encapsulate all your AI code in a standalone binary and don't directly link against the GPL'd stuff, then all you need to make public are the changes you made to the GPL'd stuff. Your proprietary binary can be kept proprietary as long as you can make a case that it is not a derivative work of the GPL'd stuff.

    1. Re:could totally do it by samkass · · Score: 1

      What is the difference between using a TCP pipe and a DLL call from a design perspective. The GPL enforces less efficient engineering practices by its Copyright restrictions. If they'd just stick to something like the LGPL I think the world would have been a better place-- companies would be forced to contribute anything to a particular library they use, but it wouldn't have its "viral" nature that causes the immune reaction within the rest of the industry. Instead they moved in the other direction, and now companies like Apple won't even touch GPLv3 binaries, let alone libraries. (Thus their move from gcc to clang+llvm for all compiling in the latest releases of MacOS X and iOS, among other things.)

      --
      E pluribus unum
  77. Re:BSD license was always more permissive, so grea by Winckle · · Score: 2

    Can I have this in the form of a car analogy please?

  78. Re:BSD license was always more permissive, so grea by Microlith · · Score: 1

    People blasted Bill Gates for calling it viral but he has a point. If it links to gpl you dont own it.

    And if you don't acknowledge that going in, then you deserve the misery that comes to you.

    Gnu went after them

    Yeah, how dare the FSF go after them for copyright violation. Except the FSF virtually never sues, they try to achieve compliance first.

    Good thing too, cause OpenWRT seems to be the result of such compliance and it's an awesome thing to have on my router.

  79. Re:BSD license was always more permissive, so grea by icebraining · · Score: 3, Informative

    GPL doesn't prevent profit. It just forces people to "pay forward" to their users the same favor they received from upstream.

  80. Look at the other half of the equation by Anonymous Coward · · Score: 0

    Being software programmers we tend to think about the writer of the code and assume that the user is using free code that costs nothing.

    Using free code costs real money. Having machines to run it costs real money. Training people to use it costs real money. Altering it to your uses costs real money. Businesses are in the position of spending real money on something and then being told how they can and can not use it.

    Would you like a free car that can only go some places? Sure you would its free except for the place to park it and gas. But if you need to go to those places without waiting for the bus you may still need a second car meaning this free car is actually costing you MORE than just having the second car, you now need to parking spaces, gas in two tanks sitting idle etc. Now what if you could buy a mostly free car that can go anywhere anytime. Business would pay for the ability NOT to use that free car because they want to use it exactly how they want it.

    And thats exactly what is happening.

    People want their code used widely so they can like Linus Linux get economic benefit for their free work either in the form of consulting or career advancement. So they make the tool that mosts fits what the business environment wants.

  81. Re:BSD license was always more permissive, so grea by king+neckbeard · · Score: 4, Insightful

    It is a right for people to want to make money and why is that bad?

    I'll give you that, but it is just as much a right to want to sleep with supermodels. However, don't confuse the right to want to with the right to have.

    Student loans, kids, retirement, and a car are considered basic rights and responsibilities.

    Those are basic responsibilities, but you don't have a basic right to them.

    So your rights if you own the code are important too. Thats life

    Okay, about the code itself. If you are the original developer and sole copyright holder, you aren't restricted by the license. The GPL could possibly be a greater way of making money because you can sell exceptions, and competitors can't distribute a proprietary version based upon the work you've done. If you licensed that same project under the BSDL, your competitors could make a proprietary version. They could keep using your beneficial changes, but you wouldn't have access to theirs. I don't see how that's beneficial to the original developer. I see how it's beneficial to the competitor that builds a proprietary version upon yours, but I don't see why we should be working to benefit those parties.

    --
    This is my signature. There are many like it, but this one is mine.
  82. Not surprising by Anonymous Coward · · Score: 0

    I'm a fan of the GPLv2 and have used it a few times, but it's a little on the restrictive side for my taste. I find I'm more in favour of BSD-style licensing. For me, the nail in the GPL coffin was when GPLv3 came out. The combination of more restrictions and heavier legalese insured I wouldn't use it. I guess I still can use the GPLv2 if I need to, but more and more I find if I'm sharing code people ask me, "It's not GPLed, is it?" Or "This is BSD or Apache licensed, right?" It's not a good sign when developers are actively avoiding using a license.

  83. You are sharing the code already by roguegramma · · Score: 1

    If you release software to people, you are sharing the code already. It is just undocumented, in a format that can only easily be converted to assembler code, and only rude people who don't care about copyright law can use it.

    If someone likes your program, and wants a legit copy that he can improve, he will have to spend extra work.
    So GPL'ed code saves peoples' work, and without paying for it. Naturally, business doesn't like that.

    --
    Hey don't blame me, IANAB
  84. Re:BSD license was always more permissive, so grea by Squiddie · · Score: 5, Insightful

    I think the purpose of the GPL is to ensure that those that profit from your work also give back. Everyone needs to be paid, some of us just want to be paid in code. For that reason I use GPL, but BSD, MIT, Apache are all good, free, licenses, so I really don't see an issue here.

  85. Almost but not quite by brokeninside · · Score: 1

    It was socialism that supposed to be transitional in Marx's writings. Communism, the great unknown of what comes about when humanity is no longer alienated from itself because class warfare has ceased to exist, is what Marx thought that socialism was supposed to help transition to.

  86. Re:BSD license was always more permissive, so grea by inglorion_on_the_net · · Score: 2

    GPL caused too many problems for companies

    [citation needed]

    What are these problems? What companies are saying "we won't go for GPL again because of problems in the past"? Does this actually have a significant impact on GPL usage?

    It is easy to assume that companies wouldn't be happy with the GPL because it restricts what they can do, but that doesn't mean that this is actually how it works out in practice.

    --
    Please correct me if I got my facts wrong.
  87. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    It's like selling somebody a car, but then not letting them delivers pizzas because they opted for a lease.

  88. Awareness by Anonymous Coward · · Score: 2, Insightful

    I think developers nowadays are just more aware of the various licenses and their implications. Jump back 10 years ago, a lot of devvers were like 'i've got this great piece of code, i want to share it. let's pick a license - o, GPL was the best license, right? let's release it GPL'. And only later came to the conclusion how inconvenient said license was.

    Every license gots it's place. The problem with GPL is, is that's it's walling off it's very own garden - it is only compatible with other GPL libraries.

    Another differentation to make is: application versus library. For applications, GPL is often very well suited. For libraries, it's a nightmare as it restricts usage. Yes, there is LGPL and no, it hardly helps.

    As (amateur) developer myself, i began to favor BSD-styled licenses, whereever possible. GPL bites too often in your toes, if you don't watch out. It's a nice license, but highly situational. And it is a restrictive license, not an open one. Restrictive in a way that only compares to closed source.

    The idea about GPL is great - make sure code stays open. The practice is: is there any need for that? There are many projects with *random* licenses, that work well, just because there is a team around it, involved in active developing. The focus should more be on 'how do we get this code better' than 'how do we restrict usage'. And the power exists in the mere fact that there's a team, not a codebase.

    Personally, i wish the next GPL license would be more open, in the sense of: you can protect this very piece of code, but remove the 'viral' part from it, and allow usage in any further license. Example are the BSD unices that complain how they cannot use GPL'd drivers and other code, whereas the 'linux/gnu team' can happily borrow code from them. That's up to the very GPL license to fix. Same applies to closed source - i bet a company would happily show code of a GPL library they used, and possibly modified, if it was only limited to that.

    Last not least.. No, that neat piece of code you wrote in the last 3 days isn't that special. Why bother someone stealing or profiting from it in the first place. A company that profits from your code may indeed do so, the difference is, you didn't have that company, so it's a bogus comparison to start with. But it you would happen to have a company, wouldn't you be pleased to be able to use existing code? Not re-inventing wheels, and cutting costs a bit, freeing up developer time for more challenging tasks? Yet, as thousand others wrote above, you would stay away from GPL code for obvious reasons.

    1. Re:Awareness by Todd+Knarr · · Score: 4, Insightful

      The idea about GPL is great - make sure code stays open.

      To me it's more a matter of "Make sure people don't go lifting my code and using it for their own commercial benefit (read: profit) without giving something back.". They can give back by making their own contributions to the code available to everyone on the same terms my code was made available to them under, or they can give back by coming to me and paying money for a regular commercial license to the code. But if they expect to get my code for free, no strings attached? Well, they aren't giving their product away for free, no strings attached, are they?

      Example are the BSD unices that complain how they cannot use GPL'd drivers and other code, whereas the 'linux/gnu team' can happily borrow code from them. That's up to the very GPL license to fix.

      Why should the GPL fix anything here? It's not the GPL side that has the problem. And I'd argue that it's not the BSD side that has the problem either. After all, they're the ones who decided on a license that allows this situation. They're the ones who consider that license better than the GPL. And now they're complaining that their license does exactly what they wanted it to do? If they didn't want that happening, they shouldn't've used a license whose intent was to allow exactly that to happen.

    2. Re:Awareness by godrik · · Score: 2

      Personally, i wish the next GPL license would be more open, in the sense of: you can protect this very piece of code, but remove the 'viral' part from it, and allow usage in any further license. Example are the BSD unices that complain how they cannot use GPL'd drivers and other code, whereas the 'linux/gnu team' can happily borrow code from them. That's up to the very GPL license to fix. Same applies to closed source - i bet a company would happily show code of a GPL library they used, and possibly modified, if it was only limited to that.

      What you describe is pretty much the same thing as LGPL or the license of the C++ standard lib that comes with gcc. It is a GPL license with exception clause to avoid GPL contamination because of template and header inclusion.

    3. Re:Awareness by fnj · · Score: 1

      You're exactly right that GPL does not need to "fix" anything, and neither does BSD.

      And I believe you're entirely right that BSD does not have a problem with linux and gnu using their code. I actually have never seen anybody on the BSD side "complain" that the "linux/gnu team" "borrows [their] code". In my experience, they are quite happy when ANYONE uses their code (they would never use the word "borrow").

    4. Re:Awareness by Anonymous Coward · · Score: 0

      That's a perfectly reasonable license for keeping your code under reigns... I think the report is just showing that there are more selfless people out there writing code nowadays than previously.

      Selfless - write something, give it to the world, and let anyone profit from it or contribute to it without having to give you something back in return.

      Maybe it's a reversing trend in all parts of our society. Selflessness (or the ability to choose whether you require something in return aka having both licenses available) isn't a bad, evil thing, regardless of what big commerce teaches people..

      The GPL is a response to big commerce while still thinking in a selfish manner (mine, mine, mine). It has it's place.. The BSD license is the traditional, hippy, love all give all license that also has it's place.

      I, for one, am glad contributors are becoming less selfish and letting their creations out the door without any strings attached.

      GPL is like the Metallica of licenses, whereas BSD is like the Nine Inch Nails.... One produces expecting something in return. The other produces just to produce and is happy when something is returned...

    5. Re:Awareness by Anonymous Coward · · Score: 0

      No, no, it is the GPL side that has the problem. This is why people psychotically hate it.

    6. Re:Awareness by greggman · · Score: 1

      BSD doesn't have a problem.

      It's fine if you want to use the GPL to force PROGRAMMERS to pay you back with their changes. Of course it's unclear to me why you don't also expect USERS to pay you back was well and only single out PROGRAMMERS.

      BSD is for people to like to give things away. I like to give my friends and family presents at Christmas. I don't require that they pay me back. I like to give donations to my favorite charities and organizations whether it's the EFF, PBS, NPR, ACLU, Red Cross, etc. I don't expect them to pay me back. I like to throw parties and invite my friends. I buy all the food and spend all day cooking. I don't require my anyone to pay me back.

      It's perfectly reasonable of me to BSD my code in the same spirit of giving. Giving breeds giving. Sure a few people night not give back. So what. I don't care. Even if no one gave back I'd still do it.

      Fortunately people do give back without being forced. Apache, Python, PHP, Lua, zlib,libjpeg, libpng, and thousands of other projects are doing just fine BSDed.

    7. Re:Awareness by Todd+Knarr · · Score: 1

      Well, USERS won't be distributing copies of my code, so they aren't affected by the license. Only people including my code in their own works and distributing copies of those works (ie. programmers or the companies who employ them) need a copyright license because they're the only ones doing something that might reasonably infringe my copyright. Remember: you don't need a copyright license to use the code, because you're not doing anything that USC Title 17 (specifically section 117(a)) doesn't already grant you a legal right to do without a license. I'm perfectly fine with people doing things that don't infringe my copyright, it's when they want the rights only I have under copyright without complying with my terms for giving them those rights that I get annoyed with them.

    8. Re:Awareness by Todd+Knarr · · Score: 1

      I don't agree with those definitions. What you're calling selfless we've long had a term for: patsy. Schmuck. Gullible fool. Your definition of "selfless" is to put a lot of work into something, then stand by while someone else makes money off your work without giving you anything in return. Now, I'm willing to put work into things without getting anything in return, but it's usually the traditional kind of charity work where the person I'm helping is not running a for-profit business based on the work I'm doing for them. "I'm willing to mow your yard for free, because you've got a bad back and it's hard for you to do it. But if you want to start hiring my services out to other people and charging them money for me to mow their yards, either expect to start paying me a share or expect a lot of angry customers when I don't show up. Oh, and your yard? Not getting mowed for free anymore either.". I'm sure a lot of commercial enterprises would really like it if I did work for them for free and they could collect all the money, but I'm under no obligation to go along with that just because it's convenient for them.

      If you want a more eloquent discussion of this, to talk to Terry Pratchett about his speaking fees.

    9. Re:Awareness by Anonymous Coward · · Score: 0

      Yeah, GPL takes from BSD, BSD cannot take back, GPL gloats over it, yet GPL users wonder why their assholery leads to less adoption of the GPL. What a brianiac. I can play too. BSD gets more usage, exactly because exactly people do expect to get code for free from open source projects, no string attached, and to avoid the extremely nasty GPL zealots such as demonstrated by your own behavior. If you didn't want GPL usage to deteriorate, you shouldn't complain here and pick on BSD and shouldn't have used a license whose intent was to allow exactly that to happen. To go to BSD because it is really free, and because you don't have the GPL assholes telling you what is right and wrong from their distorted little world views.

    10. Re:Awareness by Anonymous Coward · · Score: 0

      I'll chime in here..

      The good thing about multiple licenses is that you can choose your way and other can choose theirs. All the OP was implying was that more people are choosing the BSD way over the GPL way. Now, assuming you don't want to force them to release code your way, there's no problem really. Continue to believe that everyone else is a patsy if you like. Those of us that served in the military, peace corps, or as missionaries don't really feel the same way as you about selfless work (and yes, the first two do indeed help others that may profit from their protection/profit/help). Most of us are OK with you calling us patsy's as long as it's on some bulletin board or forum somewhere :-) I'm sure someone worked pretty hard and got little pay to make sure that you could do that. I suppose for someone who's only real desire is about getting something out of everything they do then you are probably right on.

      For most of us there's a gray area, a middle ground, where we're not out there slaving for some for-profit giant (which is really no different than you, your profit being something other than dollars that you gain for your work - pot/kettle) while at the same time not asking everyone 'whats in it for me' before doing something. We're not talking starving artist here. We're talking about someone that is ok with someone else benefiting from something we throw out there to the public.

      Keep standing alongside Disney spewing out ideas about how the things like permissive licensed goods, people that support them, and even so far as the public domain (after all, you don't get anything back from putting ideas into the public domain) are B.A.D. It's kind of funny... Companies like Disney are the ones that abuse the public domain and permissive licenses without giving anything themselves. However, you are no different when you criticize the selflessness of releasing ideas without restrictions.

      You've become what you hate, effectively trying to kill FREE (Gratis vs Libre) because you hate a certain type of person, thing, or idea so much above anything else that you could contribute to society.

      Caveat - Again, I'm talking about hobbyists, tinkerers, hackers, even corporate contributions back to the community...not producing a product and starving yourself in order to avoid making a living. People really should quit living under the assumption that everything has to be an extreme. There's always middle ground, and not everyone that throws an algorithm or fix out to the community for free (gratis) is a patsy. They just aren't as 1)greedy or 2)ego-driven... There's room for both.

      I think this thread is probably just going to sit now, and I doubt anyone will be back here... Just think about it... AND I hope it makes you a better person.

    11. Re:Awareness by Anonymous Coward · · Score: 0

      Just a quick comment about profit, because a lot of people get confused with the GPL (as seen in many comments above). People other than you can profit from your code without giving anything back. For example, maybe you work on the Gimp and I use it to touch up photos for my business. I make a profit from the software and don't give you any of it. Of course, that's just from the use of it, so it might not be what you were thinking of.

      But let's say that I sell a disk of free software which includes the Gimp. I profit (and did very little, actually) directly from the software but give nothing to you. Of course, other people can just download it, so I am providing a distribution service.

      Let's make it more explicit. Maybe I manufacture a camera and along with the camera I include the Gimp. I follow all the GPL rules, but I don't necessarily advertise that the software is under the GPL. I'm just selling my camera with wonderful photo editing software. Now I'm creating a turnkey system and selling it for a profit without cutting you in.

      Let's go even further. Let's say I teach a digital photography course and I charge my students $1000 for a cheap digital camera, a copy of the Gimp and a textbook that I wrote about using the Gimp. Of course I give them the source code to the gimp. But now I'm selling my services around your software and I'm not giving you a penny.

      Finally, let's say that I set up a website that offers common photo editing effects like red-eye reduction, whatever. I charge for this web service. I use a modified version of the gimp to power the back end. Since I never give my customers the software, I don't give them the source code. I don't give you my modifications either. I don't have to. And I'm profitting from you without giving anything back at all.

      These are all OK to do with the GPL. The GPL is not intended to stop other people from profitting from your work. It is intended to allow your customers to have certain freedoms with the code. To a certain extent it protects you from having to compete against products that contain your code, but even that isn't 100%.

      If you really want to stop people from profitting from your work, please choose a different license. However, you may find that nobody will be interested in the code if you do.

    12. Re:Awareness by Guy+Harris · · Score: 1

      It's fine if you want to use the GPL to force PROGRAMMERS to pay you back with their changes. Of course it's unclear to me why you don't also expect USERS to pay you back was well and only single out PROGRAMMERS.

      Because it's not about the Benjamins. Many developers put stuff under the GPL not because they want to get paid (yes, you can use the GPL for that, by dual-licensing - pay me for a license that lets you link with my code without having to put your code under a GPL-compatible license) but because they don't want others who use their code to restrict availability of derivative works in order to ensure they get paid for those derivative works.

      BSD is for people to like to give things away. I like to give my friends and family presents at Christmas. I don't require that they pay me back. I like to give donations to my favorite charities and organizations whether it's the EFF, PBS, NPR, ACLU, Red Cross, etc. I don't expect them to pay me back. I like to throw parties and invite my friends. I buy all the food and spend all day cooking. I don't require my anyone to pay me back.

      It's perfectly reasonable of me to BSD my code in the same spirit of giving. Giving breeds giving. Sure a few people night not give back. So what. I don't care. Even if no one gave back I'd still do it.

      I write free software code with no expectation of getting paid for it. For the GPLed code (GPLed because it's part of a GPLed project), I'm very happy that people can't modify it to make their own derivative works without making the modifications available to the user base as a whole. For the BSD-licensed code (BSD-licensed because it's part of a BSD-licensed project), I'm willing to put up with derivative works of that sort being made, given that 1) the original developers of that code gave it a BSD license and 2) that makes it more likely that some OSes will pick it up, even though a QNX port, for example, disappeared without a trace and later people asked about it.

      Fortunately people do give back without being forced. Apache, Python, PHP, Lua, zlib,libjpeg, libpng, and thousands of other projects are doing just fine BSDed.

      Sometimes they do, sometimes they don't. Some people did make changes to the GPLed project without making the changes available, and had to be yelled at to get them to give them back.

    13. Re:Awareness by mark-t · · Score: 1

      I see the GPL as doing nothing but dilineating the terms under which one can obtain permission to copy the work for purposes that aren't already exempt from copyright infringement.

      You know how you will often see, with a copyright notice, something to the effect of "this work may not be copied, in whole or in part, without written permission from the publisher", or that sort of thing? Well, that's actually implied by the very concept of copyright anyways. People have no default permission to copy a copyrighted work without any explicit permission do so, barring copying situations that are, for whatever reason, explicitly exempted from copyright infringement.

      The GPL does nothing different or new from that... it simply outlines the terms under which a person can be granted permission, and then takes the position that so long as you abide by the license, you actually *do* have permission to copy the work. It's no different than any other form of written permission from the publisher that you might otherwise have to arrange special licensing arrangements to obtain. Ultimately, however, GPL software is still copyrighted, and thus still fully protected by copyright law.

      Ultimately, the only significant place that the BSD and GPL *really* differ is that the the BSD license explicitly disavows any jurisdiction on derived works, which under ordinary copyright law would be subject to obtaining permission from the original copyright holder, whereas the GPL does not actually do anything out of the ordinary in that regard. This is ironic, IMO, because the biggest complaint that people have about the GPL is it's alleged "viral" nature, whereas if you take ordinary copyright as the baseline, it is arguable that the BSD license can produce more viral effects... since once the BSD has been stripped from a derived work, it cannot be applied to a further derived work by another party that might have obtained a source code license. The GPL, at least, keeps the main work and its derivatives under the umbrella of the copyright on the original work, which is how, outside of the domain of free software, copyright is ordinarily used.

    14. Re:Awareness by greggman · · Score: 1

      Sorry but I'm not understanding why you guys separate programmers from everyone else. If you write a GPLed word processor, why don't you require everyone to GPL every document they create with it? If you write a photo editing program, why don't you require every photo edited with it to be GPLed?

      Person A uses your work to create thing B and you're fine with them not GPLing it.
      Person C uses your work to creating thing D and you're not fine with it.

      Why do you single out programmers but not anyone else?

    15. Re:Awareness by Guy+Harris · · Score: 1

      Sorry but I'm not understanding why you guys separate programmers from everyone else. If you write a GPLed word processor, why don't you require everyone to GPL every document they create with it? If you write a photo editing program, why don't you require every photo edited with it to be GPLed?

      Person A uses your work to create thing B and you're fine with them not GPLing it. Person C uses your work to creating thing D and you're not fine with it.

      Why do you single out programmers but not anyone else?

      The analogy to a GPLed word processor or photo editing program would be a GPLed compiler or a GPLed code editor or a tool such as that. The result of compiling code with GCC is not forced to be under the GPL - not even if the assembler-language output of GCC is turned into object code by the GNU assembler and linked into an executable or shared library by the GNU linker. Code that you've edited with GNU Emacs is not forced to be under the GPL. Heck, even code generated by Bison is not, by default, forced to be under the GPL, even though it includes the GPLed parser skeleton, "so long as that work isn't itself a parser generator using the skeleton or a modified version thereof as a parser skeleton", as of Bison 2.2.

      The analogy to the GPL for documents would be something such as the GNU Free Documentation License, which requires that if you "copy and distribute a Modified Version of the Document" it must be released under that license. I.e., it's not the tools you use to produce the item in question that affect the license for the item, it's the licensed content you incorporate into the item that affects the license of the item.

      So the GPL "singles out programmers" only to the extent that it covers the stuff programmers produce, i.e. code, just as the GFDL "singles out writers" in that it covers the stuff writers produce, i.e. text. Somebody could create a "GNU Free Images License" that covers images, so that if you took an image under such a "GFIL" and edited it, you couldn't prevent others from taking the image and editing it and putting it in a book or on a Web site or... (and they, in turn, couldn't do so with their edited version of the image).

    16. Re:Awareness by Anonymous Coward · · Score: 0

      What you're calling selfless we've long had a term for: patsy. Schmuck. Gullible fool.

      We? No, actually not everyone is a complete idiot like you. If i write code to solve a problem then it's served its purpose, no-one is writing code and releasing under an open source license even though it is of no benefit to them whatsoever you retard.

      Your definition of "selfless" is to put a lot of work into something, then stand by while someone else makes money off your work without giving you anything in return.

      No his definition of 'selfless' is to just be altruistic, to give away something after it has served its purpose and not demand that it only be used in a particular way. But of course what you really want is control, the sort of person that if you gave away an item after you were done with it that turned out to have significant value you'd be claiming an entitlement to it.

      Now, I'm willing to put work into things without getting anything in return, but it's usually the traditional kind of charity work where the person I'm helping is not running a for-profit business based on the work I'm doing for them.

      But you don't know how it will be used, you're just giving it away because you're being altruistic, but in your case you aren't altruistic at all. No-one is asking you to work for free, if you've made the choice to give something away you don't come back later with an entitlement complex just because someone found a profitable way to extend it. Tim Berners-Lee isn't trying to grab a piece of everything profitable to come out of the creation of the internet.

      But if you want to start hiring my services out to other people and charging them money for me to mow their yards, either expect to start paying me a share or expect a lot of angry customers when I don't show up. Oh, and your yard? Not getting mowed for free anymore either.

      No-one's asking you to work for free dickhead.

      I'm sure a lot of commercial enterprises would really like it if I did work for them for free and they could collect all the money, but I'm under no obligation to go along with that just because it's convenient for them.

      So don't, people who wrote BSD licensed code that got adopted by commercial entities don't have to work for them, much less work for them for free. Your anti-Permissive license tirade is getting more pathetic as your fundamental misunderstanding of the issues becomes more apparent.

  89. Which is more giving... by SuperKendall · · Score: 2

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    If you love something, let it go free.

    If it does not return to you, it was never yours...

    If I am truly being charitable, why NOT let someone profit from something I have made? I would like them to return something if possible but why would I wish to place that burden as a legal demand instead of a request that they can choose to honor?

    A lot of times you create something for others to use simply for the joy of having something used and helping people. Letting them use it without necessarily giving back or even crediting you does not diminish that.

    I like the GPL a lot, I appreciate what it is trying to do... but in real life I love to gift a gift more freely, so that others may be encouraged to give back the same gift in return.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Which is more giving... by Anonymous Coward · · Score: 0

      If you love something, let it go free.

      He is, he just wants it to stay that way.

    2. Re:Which is more giving... by Guy+Harris · · Score: 1

      Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

      If you love something, let it go free.

      If it does not return to you, it was never yours...

      If I am truly being charitable, why NOT let someone profit from something I have made? I would like them to return something if possible but why would I wish to place that burden as a legal demand instead of a request that they can choose to honor?

      A lot of times you create something for others to use simply for the joy of having something used and helping people. Letting them use it without necessarily giving back or even crediting you does not diminish that.

      I like the GPL a lot, I appreciate what it is trying to do... but in real life I love to gift a gift more freely, so that others may be encouraged to give back the same gift in return.

      And, in real life, some may want to give a gift away and ensure that all subsequent recipients of derivative works of that gift have the same rights to the derivative work as the original recipient had to the original gift. I.e., they may be thinking of more people than just the initial recipient of the gift - or maybe they're thinking of "the world" or "the community" or something such as that as the recipient, not just some members of the community.

      So, no, a newagey appeal probably won't convince people to drop the GPL. Srsly.

    3. Re:Which is more giving... by SuperKendall · · Score: 1

      And, in real life, some may want to give a gift away and ensure that all subsequent recipients of derivative works of that gift have the same rights

      They they are not really letting go. It's like a parent insisting that when a daughter has a child they be allowed to name it.

      Someone can always come back to YOU for the gift if someones derivation will not be given freely. But in practice what really happens is that few derivations occur, because almost no-one wants the administrative overhead of caring for the gift to begin with - so changes naturally mostly migrate back to yourself, or simply get lost in some one-off mutation that is seen and used by very few people.

      That organic growth is I think a lot healthier than the micromanagement of what people can do with your gift after they receive it. That's why I'd really just rather produce code with a license that lets people do whatever without restriction. That is true freedom, imposing restrictions on freedom and then in siting it is "Double-Plus Freedom" is just whitewashing the yoke, so to speak.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    4. Re:Which is more giving... by Guy+Harris · · Score: 1

      And, in real life, some may want to give a gift away and ensure that all subsequent recipients of derivative works of that gift have the same rights

      They they are not really letting go.

      Correct. They're not letting go because they don't want it to be "let go" in the sense that people can use it however they choose, including making improvements that aren't available to the entire user base of the software under the same terms as the original software.

      It's like a parent insisting that when a daughter has a child they be allowed to name it.

      No, it's like a parent insisting that, if they give their child a watch, the child take care of the watch in the same way that the parent did.

      Someone can always come back to YOU for the gift if someones derivation will not be given freely.

      ...which still doesn't get the first someone the source to the second someone's derivative work.

      But in practice what really happens is that few derivations occur, because almost no-one wants the administrative overhead of caring for the gift to begin with - so changes naturally mostly migrate back to yourself, or simply get lost in some one-off mutation that is seen and used by very few people.

      Just out of curiosity, are there any actual statistics on the amount of closed-source and open-source changes to non-GPLed projects, so that there are actual numbers to indicate whether that is what happens in practice?

      That organic growth is I think a lot healthier than the micromanagement of what people can do with your gift after they receive it.

      "Healthier" in what sense?

      That's why I'd really just rather produce code with a license that lets people do whatever without restriction. That is true freedom, imposing restrictions on freedom and then in siting it is "Double-Plus Freedom" is just whitewashing the yoke, so to speak.

      No. It's just a question of how different forms of freedom flow down the distribution chain. With non-GPL-style licenses, the freedom to change the terms of distribution, including restricting the freedom to redistribute, flows down the chain until somebody changes the term. With GPL-style licenses, the freedom to change the terms of distribution, including restricting the freedom to redistribute, is pretty much absent. Different people value different freedoms, and I'm perfectly willing to accept different people's valuation of those freedoms; I refuse, however, to deem certain freedoms "worthy of preservation" and others "not worthy of preservation".

    5. Re:Which is more giving... by SuperKendall · · Score: 1

      Correct. They're not letting go because they don't want it to be "let go"

      In other words, they do not really want it to be free. Any restrictions imply a lowering of freedom.

      No, it's like a parent insisting that, if they give their child a watch, the child take care of the watch in the same way that the parent did.

      And then checking every month to make sure the watch is untouched. Kind of creepy. ...which still doesn't get the first someone the source to the second someone's derivative work.

      AHA! This is where you are wrong. Because in real life it WILL give them that source, were it to be had at all... because that source will either be given back to you or it would never have been available to be had by anyone else anyway (either because the GPL scared them off from using the framework to start with or because they extend and do not give back ignoring the license)

      Just out of curiosity, are there any actual statistics on the amount of closed-source and open-source changes to non-GPLed projects, so that there are actual numbers to indicate whether that is what happens in practice?

      You could probably work that out from some place like GitHub which has a lot of API's to hunt around. But I am just stating what I have seen happening with over two decades of using open source products with a variety of licenses.

      "Healthier" in what sense?

      Because changes given back to you are not forced. Because users of your software are more free and need not worry that something they may do might accidentally trigger a restriction you are imposing on them. I did not use my opening quote lightly. If you REALLY love something, set it free. REALLY free. No conditions. Just let it be.

      With non-GPL-style licenses, the freedom to change the terms of distribution, including restricting the freedom to redistribute, flows down the chain until somebody changes the term.

      But there's the thing. The chain is an illusion. In real life there's almost never actually a chain - or at least no more so than with GPL projects, just look at the Emacs forks!!

      There is not a chain, just a link...

      With GPL-style licenses, the freedom to change the terms of distribution, including restricting the freedom to redistribute, is pretty much absent.

      Yes but in the end that part almost never matters, because all that happens is what would happen with a GPL license anyway - a closed branch that will never see the light of day, or source returning to you to integrate with the main product.

      Since the derivations never own the copyright on a lot of code anyway it's not like they can in practice ACTUALLY apply more restrictions, since the power of the GPL (for example) all stems from the power of copyright which they don't really have. So all they can do is leave it just as permissive as you intended, which is really just as viral when you think about it.

      Different people value different freedoms, and I'm perfectly willing to accept different people's valuation of those freedoms; I refuse, however, to deem certain freedoms "worthy of preservation" and others "not worthy of preservation".

      I'm actually saying the opposite thing from what you think I am saying. I am saying the end effect to get the most GPL like effect is in fact to not use the GPL and leave the license wide open!

      The desired end game is that people can use your software and derivations thereof and feel free to improve them also.

      Well without a GPL all of that is still just as possible. Only because there is less pressure to obey terms of a license, more people will pick up your project and use it, contribute code back to it - which then goes on to others. That is some of the health of which I speak.

      I have seen this first hand in the iOS development community which I have been a part of since just before the release of the first SDK. There is a LOT of iOS open source, just about all of i

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    6. Re:Which is more giving... by Guy+Harris · · Score: 1

      Correct. They're not letting go because they don't want it to be "let go"

      In other words, they do not really want it to be free. Any restrictions imply a lowering of freedom.

      They want it and its derivatives to be free. That means that those who make derivatives of it aren't free to make non-free derivatives; there's a tradeoff of freedoms here.

      No, it's like a parent insisting that, if they give their child a watch, the child take care of the watch in the same way that the parent did.

      And then checking every month to make sure the watch is untouched.

      No, then yelling at the kid if they hear that they haven't treated the watch properly. There's no GPL License Audits where somebody shows up at your company and checks all your products.

      ...which still doesn't get the first someone the source to the second someone's derivative work.

      AHA! This is where you are wrong. Because in real life it WILL give them that source, were it to be had at all... because that source will either be given back to you or it would never have been available to be had by anyone else anyway (either because the GPL scared them off from using the framework to start with or because they extend and do not give back ignoring the license)

      I.e., if you actually try to ensure that they give stuff back, the stuff won't exist in the first place. There are some for whom that's an acceptable tradeoff. (It's certainly an acceptable tradeoff for me as a Wireshark developer.)

      "Healthier" in what sense?

      Because changes given back to you are not forced.

      For whom is that "healthier"? For people who want to make a derived work without allowing you to incorporate the improvements in your free-software version, yes, it's healthier. As, say, a Wireshark developer, why should I care about those people and their user base rather than the user base of the core Wireshark distribution?

      Because users of your software are more free and need not worry that something they may do might accidentally trigger a restriction you are imposing on them.

      End users who just download a binary distribution of Wireshark have nothing to worry about. (The ones who are confused about the license mostly think they need to worry about whether they need to purchase a site license or something such as that - i.e., they're confused in that they think Wireshark's under a commercial license.)

      I did not use my opening quote lightly. If you REALLY love something, set it free. REALLY free. No conditions. Just let it be.

      In case you hadn't noticed, software is an "it". It doesn't give a flying fuck whether it's "free" to do what it wants. That saying might apply to living beings with brains (although if you set a 3-year-old child "free", he or she might just run in front of a car and get killed), but it's just bullshit when applied to a pile of characters or a sequence of opcodes and operands. It's not as if software "really wants" to be "free" in the sense that anybody can get the source or "free" in the sense that anybody can modify it and not distribute the source; software doesn't even "want" not to be anthromorphized.

      With non-GPL-style licenses, the freedom to change the terms of distribution, including restricting the freedom to redistribute, flows down the chain until somebody changes the term.

      But there's the thing. The chain is an illusion. In real life there's almost never actually a chain - or at least no more so than with GPL projects, just look at the Emacs forks!!

      There is not a chain, just a link...

      Err, umm, there was most definitely "a chain" when, for example, the ClearSight people decide

    7. Re:Which is more giving... by SuperKendall · · Score: 1

      I have to give up for now trying to explain my position. You are way too worked up, and are not really considering what I am saying - I could just repeat the same words but what would be the point? You simply are got grasping that my primary goal is the same as the GPL has, nor why it is the case.

      The FSF/EFF comment which you took as an insult was not aimed at you, I was just saying that since some readers confuse them and I never write for just the person I am responding to but for the wider audience.

      When next you see my argument it will be more cohesive and in a form more people can read and respond to, as I think this deserves a lot of careful thought from all over and not lost in an aging Slashdot thread. I seriously think that the end goals of the GPL if still desirable must be looked at carefully as to which approaches actually have the effect the GPL seeks (something you insist on off and on but no-one seems to have done any research on either way).

      On a side note I find it odd you bring up the Linux kernel in defending the GPL as they will not even shift to GPL3!

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    8. Re:Which is more giving... by Guy+Harris · · Score: 1

      You are way too worked up, and are not really considering what I am saying

      I am considering it. I'm just considering it to be incorrect; please do not get trapped by the fallacy that, once people understand what you have to say, they'll necessarily agree with what you say.

      You simply are got grasping that my primary goal is the same as the GPL has

      I think you are not grasping what the primary goals of the GPL are (if you want to know what the goals are, try reading, for example, A Quick Guide to GPLv3, in particular the "The Foundations of the GPL" section; if giving users the freedoms listed there aren't your goals, your goals aren't the same as the goals of the GPL, whether you think they are or not).

      I seriously think that the end goals of the GPL if still desirable must be looked at carefully as to which approaches actually have the effect the GPL seeks (something you insist on off and on but no-one seems to have done any research on either way).

      "The effect the GPL seeks" is keeping the software it covers and all derived works of it as free software; it's not just "maximize giveback of changes". Here's Richard Stallman's explanation of why the GPL is the way it is.

      On a side note I find it odd you bring up the Linux kernel in defending the GPL as they will not even shift to GPL3!

      News flash: not all defenders of the general goals of the GPL agree with all of the means the FSF have taken in GPLv3. Hell, the GPLed free software project on which I'm a core developer is under the GPLv2, not v3.

    9. Re:Which is more giving... by SuperKendall · · Score: 1

      I find it incredibly insulting you point me to the GPL 101 course.

      It's absolutely not a matter of you not agreeing with me when you don't understand my goals and the GPL's are the same. That is what you do not understand.

      I am also ALL ABOUT the endlessly derived works being Free. That is what you cannot comprehend, how my approach is better for that goal - yet it absolutely is. Maximizing givebacks is a SIDE EFFECT of my plan working better at that goal.

      I'll let you have the last response; as I said I find it fruitless to argue with you further and I think the debate deserves to be had out in the open rather than hidden here. I just wanted to clarify one more time that I am 100% behind the goals of the GPL and just seek the most effective means to reach them, and have had a LOT of experience in the commercial software development world to know which approaches work towards that goal.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    10. Re:Which is more giving... by Guy+Harris · · Score: 1

      I am also ALL ABOUT the endlessly derived works being Free.

      "Just giving your software away" only works if the person to whom you're giving your software doesn't refuse to cooperate; as Stallman's goal was to force that cooperation, so that failure to cooperate could be prevented by law - and, in fact, there have been cases where users of GPLed software have, whether intentionally or not, failed to cooperate, and had to be threatened legally to get them to cooperate.

      So, if you strongly believe that the derived works should be free-as-in-speech, but are willing to accept the possibility that they not remain free-as-in-speech, in exchange for allowing people the freedom to make non-free-as-in-speech derived works, that's fine, but that's not the GPL's goal. The goals may be similar, but they're not the same (and no valid argument can possibly exist that they are, as the goal of people using the GPL without dual-licensing is explicitly not to allow people the freedom to make non-free-as-in-speech derived works).

  90. Re:BSD license was always more permissive, so grea by Samantha+Wright · · Score: 4, Informative

    Sure. GPL (well, GPLv2) software is a car that can be copied an infinite number of times. Its original manufacturer says that anyone can use it, modify it, and repair it, as long as they let others copy it under the same terms. BSD software, on the other hand, says anyone can do anything with their car copies, since the original will always still exist—even people who want to prevent others from modifying, using, or repair their modified versions (i.e. pine-scented air fresheners, fuzzy dice, truck nuts, giant spoilers, neon lights underneath, racing stripes...)

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  91. Tivo-ization and patents are the big things by brokeninside · · Score: 1

    You mentioned the hardware issues. Another big issues with commercial concerns is the langage on patent licensing.

    But I think that the big thing was the talk of closing the "web loophole" during drafts of v3 spooked quite a few vendors. I don't think it made it into the final version but by that point I think the damage had already been done.

    Another big issue is that the language in the licence that an existing version can be replaced by a future version was first given serious thought by people opposed to some of the language in the various v3 drafts. All of a sudden, Linus looked prescient for explicitly specifying v2 of the license instead of using the FSF's standard boilerplate.

  92. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it. Freedom isn't picking who gets to enjoy that "freedom" based on some rules.

    You post is FUD of the worst sort. The GPL in no way restricts freedom to profit from GPL code, it only restricts you from taking private the hard work of the original authors. So if walled garden is your business model, then don't use GPL code. But if your business is committed to playing well with the community, the GPL is your friend. In my opinion, the former approach belongs to the last century. Business2 is about playing well with the community, as opposed to turn-of-the-19th-century trustmaking tycoonism.

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  93. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it. Freedom isn't picking who gets to enjoy that "freedom" based on some rules.

    You're blatantly misinterpreting what he said. The problem isn't that they profit from it -- and there is nothing in the GPL that prohibits profit. The problem is that they "take your work, profit from it, and give nothing back."

    I'm sure anyone who has been paying attention has already heard this, but this is the obvious problem with BSD license: You spend a million hours creating a great program, call it Foo, and you release it under the BSD license. Someone like Microsoft comes along, takes Foo, improves it a little bit, calls it FooBar and distributes it as a binary without publishing any of the code. If the improvements are good, they can't be brought back into the main tree because the original developers don't have the source. But now FooBar, being an improved version of Foo, will take all of the Foo user base -- it has every good feature of Foo and a few more. The original developers get no bug reports. There are no longer any developer-users who can think of a great new improvement and submit a patch, because everybody is now using FooBar and nobody has the source to that. It withers as an open source project -- you might as well just assign the copyright to Microsoft for free.

    Even where the original community is strong enough that it doesn't completely destroy them, it still gives them a bloody nose. You look at something like Kerberos. Who uses Kerberos? Hardly anybody. Who uses Active Directory, which Microsoft created by integrating Kerberos and LDAP with Windows and making it proprietary? Almost everybody. Which means Kerberos is finished. Everybody is already using AD, so there is no reason to adopt Kerberos, which means no community. And if you don't think so, by all means explain why Linux has a much larger community than BSD.

    About the only time that a corporation adopting code licensed under the BSD license doesn't kick the crap out of the community that originally developed it is where the company that adopts it submits their changes back to the original developers -- but if they intend to do that then the developers might as well have used GPLv2.

  94. No such thing as mere aggregation by tepples · · Score: 1

    Not if it's GPLv2. Raenex found a technicality that the FSF inadvertently left in the definition of "work based on the Program". This makes the entire contents of the robot's storage a "work based on the Program" that cannot be distributed without complete corresponding source code, especially when combined with GPLv2's failure to precisely define "mere aggregation".

    1. Re:No such thing as mere aggregation by Anthony+Mouse · · Score: 1

      If that was the case then the tivoization clause in the GPLv3 is redundant, which seems like a pretty wild argument considering how controversial it was.

    2. Re:No such thing as mere aggregation by tepples · · Score: 1

      GPLv3 explicitly defines an "aggregate", and I think it fixes the definition of "work based on the Program". But Raenex refuses to discuss GPLv3 because he demanded an apology for a rhetorical technique that I used while defending GPLv2 and then, predictably, refused to accept its form.

    3. Re:No such thing as mere aggregation by fnj · · Score: 1

      Do you see why some of us prefer the BSD license? It is so simple. You don't have to have lawyers poring over the verbiage to see what you can and can't do, and it's not nearly as likely to lead to involved discussions without a clear resolution, such as this thread.

      I don't hate the GPL at all and I don't begrudge people using it; I just have a personal preference for BSD. It's not a holy war, though. I keep re-examining my reasoning.

    4. Re:No such thing as mere aggregation by Anthony+Mouse · · Score: 2

      I'm not sure if the simplicity isn't illusory. The problem is that lawyers are pedants. I mean look at the 3-clause BSD license:

      Copyright (c) [year], [copyright holder]
      All rights reserved.

      Redistribution and use in source and binary forms, with or without
      modification, are permitted provided that the following conditions are met:
              * Redistributions of source code must retain the above copyright
                  notice, this list of conditions and the following disclaimer.
              * Redistributions in binary form must reproduce the above copyright
                  notice, this list of conditions and the following disclaimer in the
                  documentation and/or other materials provided with the distribution.
              * Neither the name of the [organization] nor the
                  names of its contributors may be used to endorse or promote products
                  derived from this software without specific prior written permission.

      [AS IS no warranties block]

      It certainly looks fairly simple.

      But let's think about the third clause there: You can't use the name of the copyright holder to endorse or promote products derived from it. Now normally you have a first amendment right to make statements of fact. But let's say I go ahead and use OpenSSH in my software, which is BSD licensed, and then somebody in an internet discussion questions the strength of the cryptography I'm using. I respond that it's not even my cryptography code, it's OpenSSH, which is developed by those OpenBSD people who really know security. Oh crap! Have I just violated the BSD license? Or does the first amendment trump the license? Or does it not, but the term "promote" is ambiguous and needs to be interpreted? You end up still needing a lawyer.

      Or what about this: The BSD license says redistributions "must retain the above copyright notice, this list of conditions and the following disclaimer." It doesn't say "you must actually enforce these conditions against downstream licensees" and it also doesn't say "the original copyright owners retain the right to enforce these conditions against downstream licensees." Which means that there is an interpretation of the BSD license which makes it a recursive license, where I get code from you, I change it and give it to Bob, and then Bob has a license from me to distribute your code, which only I can enforce against him if he violates it, because I'm the one who licensed it to him. If I then decide that I don't give a crap about enforcing it, the BSD license turns into the public domain license, because anybody can get your code from me knowing that I won't enforce any of the conditions. Is that the right interpretation? I have no idea. But it seems pretty clear that "looks simple" doesn't get you out of needing a lawyer to figure out what the crap is going on.

    5. Re:No such thing as mere aggregation by Raenex · · Score: 1

      If that was the case then the tivoization clause in the GPLv3 is redundant

      Tivoization was a different issue. The problem wasn't that the source code wasn't available -- it was. The problem was there was no actual way for the end user to modify the code because the hardware only allowed signed code to run, defeating one of the purposes of the GPL.

  95. Re:BSD license was always more permissive, so grea by Pi1grim · · Score: 5, Informative

    What? How come every single time GPL comes up everyone automatically assumes that there is a clause that forbids you to profit from GPL-ed projects? I personally modified quite a number of GPL software and, sticking to the license provided the source code along with the binaries AND received a payment.
    Tell RedHat that you cannot profit from GPL software.
    And to repeat once again — BSD is about freedom of the coder, GPL is about freedom of the code.

  96. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Actually it's nothing like that but yeah great very insightful. It's more like using your freedom of speech to come up with an original saying and then having a company copyright a slightly different version and preventing preventing you from using the new version.

  97. Re:BSD license was always more permissive, so grea by NoOneInParticular · · Score: 5, Insightful

    Google is using immense amounts of GPL software. Their data centers runs linux. Their own version of it, not shared back. Search, ads, everything Google runs is based on GPL-ed software. They can get away with it because they do not distribute their software, as technically they use it in-house, even though the results of the GPL software is what brings in the dough. They've found a giant loophole (the web) where you do not need to distribute actual software to let (a) people use it, and (b) profit from it.

    So yes, the OP was right, and has an excessive flamebait mod: Google is one of the biggest abusers of GPL. Legally, they are 100% in the clear. Morally, less so.

  98. Re:BSD license was always more permissive, so grea by Multiplicity · · Score: 1

    So in the end it's THIS argument who is overly idealistic, and not the GPL. Surprise surprise!

    The GPL was never about free as in "*the* real, total freedom". Total absolute freedom is something humans can't even define properly, there's always some set of rules anywhere allowing people to build and maintain a society. You have to be pushing your hands firmly over your eyes to ignore that.

    GPL protects *specific* freedoms, not *all* freedoms. The specific freedoms it protects are:

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

    Other freedoms, or "total freedom" whatever it may be, were never an aim for the GPL. Now repeat after me again:

    GPL is not about "freedom in the general, ideal sense", nor it's about "totally free code". GPL its about the "four software freedoms stated by the FSF".

  99. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    The BSD license has an excellent feature not often discussed: the right to GPL any BSD code. See where that goes over time?

    Re problems caused by GPL for companies: GPL only causes problems with doing of evil.

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  100. Re:BSD license was always more permissive, so grea by scamper_22 · · Score: 1

    Because they want people to use their works. If a license is restrictive that people/business don't want to use your works, then people rethink their license.

    It also happens that many open source like products are used and supported by businesses. Again, they don't want to sabotage their ecosystem.

  101. Re:BSD license was always more permissive, so grea by SvnLyrBrto · · Score: 1

    Yes. The common idiom is a complete misunderstanding of a concept based on a mistranslation from ancient latin legal terminology. It has no more place in modern discussion than begging the question, an appeal to authority, or any other logical fallacy.

    --
    Imagine all the people...
  102. Look ma I know statistics by Akoman · · Score: 3, Insightful

    Not to invalidate the outcome of the report (though the hyperbole could do with some work) but this arbitrary 'percentage' assignment has me wondering. Could this not just reflect a new growth in say Rails projects or Javascript (the Ruby community is traditionally MIT/BSD, see too very common frameworks like jQuery). In the past code like this was rarely included, but this might just represent the true makeup of the community and fast LOC growth in one community doesn't mean the other community is jumping ship to a different license.

    1. Re:Look ma I know statistics by phantomfive · · Score: 1

      That actually sounds reasonable to me. If you look at github, what you have are a lot of small javascript/jquery/hip-web-stuff projects. A lot of them don't look like they took much time to make, and are just some quick thing someone did for fun, and then picked a random license.

      --
      "First they came for the slanderers and i said nothing."
  103. People Want to Get Paid by Anonymous Coward · · Score: 0

    Everyone I know is writing iPhone and Android apps. If you want to make money, the GPL doesn't always seem like a good deal. In reality, though, the number of people who can get a project off of Sourceforge and compile it wouldn't affect sales. But I understand the mentality. I'm certainly not releasing my novels under Creative Commons or something like that...

    Open Source is great for modifying existing apps.

    Get Perfect Me, my Hitchhiker's Guide tribute novella for free:
    http://thepiratebay.org/torrent/6848623/Perfect_Me_By_Jason_Z._Christie

  104. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Worst. Car. Analogy. Ever.

  105. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    And the GPLv3 says that, if you run a taxi service, you have to provide schematics to your patrons.

  106. Re:BSD license was always more permissive, so grea by Solandri · · Score: 1

    On an abstract level, this is the same (unanswered) question I've had about democracy, especially in light of the recent elections in Egypt. Can a democratic society truly be free if it requires that the society must remain democratic? Or can the people (democratically) choose to replace democracy with something less than democratic?

    I'm still unsure of the answer, but I've been leaning towards the latter. If a system cannot self-sustain itself, then it can only be sustained through force and intimidation - the antithesis of freedom. If GPL's requirement to "give back if you've taken" causes it to decline in popularity, forcing people to adopt it isn't the answer.

    I mean, is what you've said any different from paid software? I take something (in exchange for giving money), and that encourages me to give (in exchange for receiving money). All that's really happened is you've removed the intermediary of money and converted it into a barter system, and shifted cost in a way which makes it cheaper to acquire but harder to recoup development expenses.

    I'm all for experimenting with different cost structuring systems, but if this one happens to be failing due to unpopularity, arguing that it should be more popular because it's fairer would seem to indicate the problem is with your definition of "fair", not with everyone else's definition of "fair". You cut the cake, and I pick which slice I get. It's not you cut the cake, and you pick which slice I get. You put together the GPL license in a manner in which you think is fair, and if people aren't adopting it, it must be because they don't really think it's as fair as you think it is.

  107. Re:BSD license was always more permissive, so grea by hardaker · · Score: 2

    As the maintainer of Net-SNMP I've received a huge number of patches that would never have been given to us if Net-SNMP used a GPL license (though in this case, the code predates the GPL). Companies that have worked on the Net-SNMP code and have given back to it do so because they want to use their cool new feature they've developed for the code base in their proprietary software or hardware. IE, the Net-SNMP libraries and applications are the base upon which they build. It's important to them to contribute their patches to the base back to the core Net-SNMP repository so they can be assured future patches will not conflict with their feature (ie, because a patch isn't accepted that breaks the existing code base). Plus it gets their name in lights (ie, the COPYING file. Not many lumens, but still "lights").

    I've been told many times that if Net-SNMP was GPLed code it would never be used. But since it's not, it's used in pretty much distributed by nearly ever OS vendor except Microsoft, and is used on a ton of embedded hardware. This would not have happened if it was a GPLed code base.

    (ok, Microsoft still wouldn't be distributing it and linux* still would be; but all bets on Apple, Sun, etc, would be off)

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  108. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 0

    So what do you do when companies take your GPL code and only host it on their servers, like Facebook and Google along others? Since they're not distributing it, they're not violating GPL. But they're still profiting from your code without necessarily giving anything back. They don't have to, anyway.

  109. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    No. You would be promoting business, not freedom and free code. The businesses can then get the code and restrict your freedom. That's business, not freedom. Huge difference. If you want to say, making money is more important than freedom, fine. But just don't confuse the two.

  110. Re:BSD license was always more permissive, so grea by bgat · · Score: 1

    BSD et. al do not address this situation, either. But GPLv2 prevents the situation from propagating beyond Google's datacenters, while those other licenses do not.

    And, for the record, this situation is not permissible under GPLv3.

    --
    b.g.
  111. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Once you go web-based or "cloud", you don't have to distribute binaries any more and therefore don't have to distribute the source code. GPL vs. the other Open Source licenses is becoming more and more irrelevant for anything that doesn't have to run on the client or in the customer's environment.

  112. Re:Because "Freedom" Wasn't Free by Anonymous Coward · · Score: 0

    That's why the EFF recommends you assign the copyright for your GPL code to them... they have big flocks of lawyers who can do that work for you. If your main concern is to get code out to the world, and for it to remain open even as others modify/improve it, then personally holding the copyright doesn't really matter to you as an individual programmer. It requires letting go of the personal instinct for ownership, but it has worked for lots of products in the past; the EFF has gone after big companies when they had the legal leverage (via the copyright) to do so.

  113. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I can't recall the story, and your poor grammar is a bit difficult to decipher; so are you saying the creator shouldn't have the right to GPL his code, or that he should have the right to take someone else's code, and apply whatever license he likes?

  114. Re:BSD license was always more permissive, so grea by bgat · · Score: 1

    One project has a permissive license, the other has a strong copyleft license, but the behaviour of downstream users is identical in both cases.

    That's true for the example you cite only because it is a server/back-office system. For the distribution of executable images, however, the downstream situation becomes very, very much different. As you note later in your post.

    --
    b.g.
  115. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 1, Interesting

    No, it's like saying you have freedom of speech, and if you want to use it you must also let other have freedom of speech.

    It's a good analogy, because when you have true freedom of speech, you are actually allowed to say that there should not be freedom of speech. If you wouldn't be allowed to say that, then there would be no freedom of speech after all. That perfectly shows that freedom of speech doesn't limit what you can say based on what others think about it, while GPL does.

  116. Re:BSD license was always more permissive, so grea by msobkow · · Score: 1

    Which is what I like about it. The GPL lets you get code out there for sharing and development, but blocks businesses from integrating it with their technology unless they pay for a license agreement. For my needs, GPLv3 is a near ideal publication license, supplemented by proprietary commercial licenses.

    Any time I've wanted to share code without hope of revenue, I've released it under LGPL instead.

    But as my wallet remains empty and the donation counter is $0, I have NO interest in letting any leeches use it anymore freely than is permitted by the GPLv3. Screw the freetards.

    --
    I do not fail; I succeed at finding out what does not work.
  117. Re:BSD license was always more permissive, so grea by chrb · · Score: 1

    Your argument is only correct because you have restricted it to a certain class of downstream users - those that modify GPL projects for their own internal use and never sell their software or systems to a third party. The argument does not hold for the (presumable majority) of downstream users/developers, who take software and incorporate it into some larger software or system which they then sell to their own customers.

    Consider the Android Linux kernel. Google must release it to the world because it is GPL. If your speculation is correct, then they would not do this if they could keep it private and gain competitive advantage. Hence, the kernel being GPL has led directly to the Android-modified kernel source being made available to everyone else, which is a win for everyone else.

  118. Re:BSD license was always more permissive, so grea by TwilightXaos · · Score: 2

    The post you are responding to did not say one could not profit from GPL code. Nor did it say that you can not charge for distributing it.

    The fact is you cannot distribute GPL code any way you want (unless you are the copyright holder and distribute it under non GPL terms as well, of course).

    To amend what you are repeating BSD is about freedom of the distributor; GPL is about freedom of the code.

  119. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    RH doesn't sell software, it sells services.

  120. Re:BSD license was always more permissive, so grea by Celarent+Darii · · Score: 1

    They aren't selling code, they are selling a service. A huge difference, as the code is by definition free, it is only their help and expertise that they make a profit from.

  121. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    Start-ups, however, are lured by the idea of being able to close-source everything once their product becomes a smash hit

    Then start-ups are confused. What makes people think that having distributed something under the BSD license, you can unilaterally revoke the license from existing licensees any more than you could with the GPL?

  122. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    Many companies use software internally. They take that work, profit from it, and give nothing back. How is the GPL any better than BSD under that scenario?

    I think the more pertinent question is, how is it any worse?

  123. Re:BSD license was always more permissive, so grea by mrmeval · · Score: 1

    GPL allows profit but the profiteer needs to provide the source code of what they're profiting from.

    I would rather see any other license than a 'no commercial use' type license. It's disgustingly restrictive.

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
  124. Re:BSD license was always more permissive, so grea by Broolucks · · Score: 1

    Because I want to maximize usage of my code. I mean, if I write something truly excellent, my primary objective is not to "keep it free", but to make its usage as widespread as possible. Let me give an example: let's say that I make some freaking amazing social network software, and licence it under some GPL license. A year later, some new social network might become a runaway success thanks to some innovative idea that doesn't necessarily have a lot to do with software. I end up having to use it because all my friends use it, but unfortunately, it's kind of buggy and annoying. Well, if I had chosen a BSD licence, perhaps they'd have based their own software on it. And then the whole experience (MY experience) would be better.

    I mean, as annoying as "take my work, profit from it, and give nothing back" may sound, the truth of the matter is that if they can't use my work they will use somebody else's or roll their own, and they will make basically the same profits. Since they would only pick my software if it is the best choice, the bottom line is that their product will be worse, and ultimately it is their users who will suffer.

    If I make something very unique and/or extensive and/or *leagues* ahead of any alternative, then I can probably get away with using GPL, because the inconvenience of GPL would not suffice to offset the attractiveness of my software. Companies would bite the bullet to gain a competitive advantage, and everybody wins. But if I make something that's better than any alternative, but not ground-breakingly so, I'll go BSD so that inferior software doesn't end up fucking shit up all over the place.

    Bottom line: I will use the most copyleft license that gets companies to use my code over any inferior alternative, and I do this for their users's sake (especially since I might end up being one of these users). Unfortunately, in most situations, that means BSD. If BSD didn't cut it, I'd outright shove it into public domain.

  125. Don't be studid by tomhudson · · Score: 1, Insightful

    So yes, the OP was right, and has an excessive flamebait mod: Google is one of the biggest abusers of GPL. Legally, they are 100% in the clear. Morally, less so

    How can you be an "abuser" of the GPL if you are adhering to the terms of the license? Oh wait, freetards want to take away even the freedoms granted by the GPL ...

    The BSD license is more free than the GPL, both for the coder, for the end user, and for everyone in between.

    1. Re:Don't be studid by InsightIn140Bytes · · Score: 1

      Yes, they adhere to GPL rules, but not the purpose of it (as judged of the many comments in this thread) in that if they use it to profit, they should give out the code to everywhere. They're basically getting around the GPL requirements because they only need to host the code on their servers.

    2. Re:Don't be studid by unixisc · · Score: 2

      No, the source code only needs to be given out if the software itself is given out. GPL doesn't force you to distribute any software, despite St Stallman's exhortations to 'help your neighbor'. GPL only says that if you distribute a GPLed software, you have to distribute the code as well. In other words, if you take a software, make some additions/changes, but decide not to distribute it, but just use it for yourself, you are not in violation of any of the GPLs - not 1, not 2, not even 3.

      This stuff about if one profits, one should give back - even if one accepts this premise (I don't) - the only way the company profits is if they sell this thing, which they are not. If they are just using it and becoming productive because of it, that doesn't imply that they should make it available. Most of the time, in-house software is something very specific to the unique needs of an organization, and something that nobody else will have a need for; rather, it's more likely that the organization can end up inadvertantly spilling out details of its internal workings - something you definitely don't want your competition to know.

    3. Re:Don't be studid by next_ghost · · Score: 1

      Most of the time, in-house software is something very specific to the unique needs of an organization, and something that nobody else will have a need for; rather, it's more likely that the organization can end up inadvertantly spilling out details of its internal workings - something you definitely don't want your competition to know.

      And more often than not, considering how disgusting kludge it tends to be, the upstream devs wouldn't touch the in-house code with a ten foot pole.

    4. Re:Don't be studid by Iori+Branford · · Score: 0

      http://www.gnu.org/licenses/gpl-faq.html

      Does the GPL require that source code of modified versions be posted to the public? (#GPLRequireSourcePostedPublic)
      The GPL does not require you to release your modified version, or any part of it. You are free to make modifications and use them privately, without ever releasing them. This applies to organizations (including companies), too; an organization can make a modified version and use it internally without ever releasing it outside the organization.

      But if you release the modified version to the public in some way, the GPL requires you to make the modified source code available to the program's users, under the GPL.

      Thus, the GPL gives permission to release the modified program in certain ways, and not in other ways; but the decision of whether to release it is up to you.

  126. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    No. The use of non-free non-GPL licensing that does not respect the users freedom is not free.

  127. Re:BSD license was always more permissive, so grea by mrmeval · · Score: 1

    You could release your own code under a different license and not use any open source that you could not get relicensed as closed.

    My company had planned on leveraging a Linux distribution but they just did not want to weed out which license did what, what they were responsible for or to do.

    I believe there is a scrubbed distribution that is a GPL, LGPL, public domain only but I never had a chance to look for it.

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
  128. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    If your answer is 'nope' it's only because you're choosing to not sell it. I.e. you're choosing not to sell it because you are compelled by the GPL to provide your source along with the robot.

    You certainly can sell it, and many do exactly that. Sony is a good example. Their TVs, BluRay players, and cameras all have GPL code in them.

    If you're careful, you use only LGPL APIs in your code, and then you're not required to provide the source to your robot.

  129. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    ... and they're being total hypocrites when they do, because Stallman has publicly stated that anyone who writes closed code deserves to have their code pirated. "Do as I say, not as I do." And there's the irony - under current law, anyone can make a credible claim that the copyrights assigned to the FSF were obtained through fraud.

  130. Re:BSD license was always more permissive, so grea by Baloroth · · Score: 2

    "exceptio probat regulam in casibus non exceptis" (lit. "the exception confirms [approves, demonstrates] the rule in cases not excepted"). His usage here seems perfectly valid, so I'm a bit confused by what you mean. Red Hat has to go through special means to profit through releasing GPL'd code. Implying there is a rule that companies cannot do so through normal means. Which is exactly what the phrase was coined to mean.

    Also implying that companies that do not want to go through such exceptions should use the BSD (or similar) license.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  131. Re:BSD license was always more permissive, so grea by Dahamma · · Score: 1

    Google has also contributed more open source code by volume than almost any other company.

    And while they may not have contributed back that much of their server-based Linux changes (which neither you nor I even know how extensively changed the GPL kernel code is anyway - a lot of their work is in *new* userspace code for distribution, monitoring, etc), they *have* open sourced one of the most interesting and successful new Linux distributions in years - Android (and its 15 million odd lines of code between the kernel, drivers, userspace, APIs, etc). As you said, legally, they are 100% in the clear (so "abuse" is really not an accurate term) and morally, I'm sure they sleep just fine at night.

  132. Re:BSD license was always more permissive, so grea by rjstanford · · Score: 1

    And even that is not wholly correct. Perhaps this works best:

    I can profit while using GPL software. I simply cannot close the source code as a means of forcing my customers into a dependency on me. Which is why the GPL was created in the first place.

    You can't do that with BSD software either, since you can't close the source at all. You can fail to share the source, naturally - but anyone who wants it can go and get it from the same place you got it from. You, as an individual (or company) get to decide what license your code is released in, or even if its released at all - which is the same freedom that the original author of the BSD package you're using had.

    --
    You're special forces then? That's great! I just love your olympics!
  133. Re:BSD license was always more permissive, so grea by bonch · · Score: 1

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Um, because that's freedom?

  134. Re:BSD license was always more permissive, so grea by TwilightXaos · · Score: 1

    Of course not! 19998 could be prime and that would be enough.

  135. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 1

    What makes people think that having distributed something under the BSD license, you can unilaterally revoke the license from existing licensees any more than you could with the GPL?

    They can't revoke old code, but they can change license terms later, even if others have submitted code patches or forked it with BSD license.

  136. Re:BSD license was always more permissive, so grea by rjstanford · · Score: 1

    You post is FUD of the worst sort. The GPL in no way restricts freedom to profit from GPL code, it only restricts you from taking private the hard work of the original authors.

    So... if I write some software... and release it under a non-GPL license... and someone else uses it... you claim that they can prevent me from giving it away to anyone else?

    And you're calling the GPP FUD?

    --
    You're special forces then? That's great! I just love your olympics!
  137. Re:BSD license was always more permissive, so grea by bonch · · Score: 1

    Please explain how it could be revoked in any way. If you're talking about a company taking the code and using it in a closed source product, that argument has been used countless times, and the response is always the same--the original BSD-licensed code doesn't magically disappear into thin air.

    The freedom that the GPL enforces is someone else's narrow definition of freedom. That's not true freedom.

  138. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 2, Insightful

    That's not what it actually means at all.

    The fact that people defending the commercial viability of GPL'd software always trot out the same tiny number of examples is incredibly telling.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  139. Re:BSD license was always more permissive, so grea by bonch · · Score: 1

    I simply can't take and not give back.

    Therefore it's not true freedom.

  140. Re:BSD license was always more permissive, so grea by Opyros · · Score: 1
  141. Three licenses, three uses by phantomfive · · Score: 1

    At work, I use a closed source license. I do it because my company pays me. They want source code, I want food; it's a fair trade.

    At home, I use the GPL. I write code that I like to write, and if other people want to use it, I'm happy to share with them, but in return I'd like them to share back. I don't want them to take my source code, and then prevent their users from receiving the same kindness they got. Pay it forward. Of course some people don't want to pay it forward, so they won't use my code at all.

    If that bothers you, then you can use the BSD license. You can use the BSD license to let your code get as wide distribution as possible. If you think it's cool that Apple might use your project and distribute it to millions of users, then you can tell people, "I wrote code used by millions of people," then you might want to use BSD. You might not get anything out of it other than satisfaction, but you're ok with that.

    The only real argument between BSD and GPL groups is which license produces better code. The answer is neither, people produce code. The license that produces the best code will be the one that attracts the most people.

    --
    "First they came for the slanderers and i said nothing."
  142. Re:BSD license was always more permissive, so grea by sgt+scrub · · Score: 5, Insightful

    I hate to disagree but it forces not enforces. MIT and BSD licenses are completely free and require nothing of someone using or contributing. GPL requires that anything one creates using GPL code must be open as well. I prefer GPL. There is nothing more annoying then say a company that makes an OS which uses an MIT licensed graphics library or a BSD licensed network stack but at the same time fights aggressively against free and open source software.

    --
    Having to work for a living is the root of all evil.
  143. Right to control distribution of collective works by tepples · · Score: 1

    That's ONE opinion and certainly not one that's widely shared because it takes a very expansive view of what constitutions a "work". To say that two programs that were independently developed constitution a single work simple because they are distributed together (normally considered aggregation) is a rather unique viewpoint.

    Copyright has a concept of a "collective work", which constitues multiple independent works distributed together. But to Raenex, the key phrase in the GPLv2 governing collective works is this, from section 2: "the intent is to exercise the right to control the distribution of derivative or collective works based on the Program." Therefore, a distribution can be deemed a "work based on the Program" if it forms a "collective work" under copyright law. Immediately afterward, it appears to contradict itself with the "mere aggregation", but unlike GPLv3, GPLv2 makes no effort to define "aggregation" with any sort of precision.

  144. Re:BSD license was always more permissive, so grea by Darinbob · · Score: 1

    Because not everyone is panicked about the fact that a company can do this. If a solitary user is allowed to use the software and give nothing back, then why can't a company do the same? Some people write software to give it away, not to promote a social movement. It isn't stealing if you let people use your software and don't want anything in return.

    Right now most companies can not use GPL software libraries, period. This includes even using strings like a string package (lawyers shy away from even LGPL), or an encryption library, or device drivers, etc. GPL is kryptonite. There is zero profit to give back here anyway, it's not like they're taking a full blown application and rebranding it, instead they're taking something that's a few lines of code rather than hire a developer to re-invent a buggy C run time library. It seriously hurts embedded world where you can't always use dynamic linking.

    The modern computing world was based upon the Unix and BSD model anyway. Software was given away with as few restrictions as possible. The software was developed with public funds much of the time and from companies that were given big favors by governments. FSF is just trying futilely to relive the glory days of early MIT hacking where people just passed things around all the time without worrying about how did what with the code, but GPL doesn't recreate that sense of community though it does try to make a clique.

  145. Re:Don't be stupid by tomhudson · · Score: 2, Interesting

    First, your statement that "they are getting around the GPL requirements" is factually false. There is no "law" requiring anyone to be a mind reader, and somehow divine "intent" - and in the case of licenses such as the GPL (and other "contracts of adhesion"), any and all "grey areas" are to be interpreted strictly to the benefit of the recipient, and set up against the grantor.

    Second, the GPL clearly states that it's okay to profit from GPL'd code - and makes NO additional restrictions about it when you do so, so that case is also covered.

    Third, the FSF has, by their head (Stallman) publicly claiming that it's okay to violate copyright on closed source, put themselves in the position where anyone who chooses to vigorously litigate against the enforcement of any copyrights assigned to the FSF or the gnu project, or to demand that code they previously assigned be returned, has a good chance of winning.

    The GPL won't be around within a decade or two ... the more permissive licenses, such as the bsd and mit, will be, because they better address the real world. 2011 was the year that a LOT of us woke up, smelled the coffee, and realized that the GPL is an evolutionary dead end. Thanks to the GPL, there will never be a "year of the linux desktop", because there's no economic incentive. Just look at Apple - the company with the most worth in the whole world - selling software that was built upon FreeBSD.

  146. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Better analogy. GPL says you can do anything with your car. If you sell it, you need to be sure the next owner can do anything to it that you were able to do. Non-copyleft/BSD/Apache says that you can do anything with your car, but if you sell it, you can lock it down with secret information, so that the new owner needs to only go through you to fix it.

  147. Re:BSD license was always more permissive, so grea by khallow · · Score: 1

    I don't see why anyone would not want to use the GPL if they want their software to be free and open.

    Broolucks has the main reason. GPL 3 gets in the way of getting people to use the code. I see posted several times, about reciprocity. I give code, then I should get something back, For a lot of programmers, having someone use your code is a benefit worth the cost of them not otherwise giving something back. Yes, it's obviously not the case for many programmers, but one shouldn't ignore the value of a group that uses your code for useful, visible stuff.

  148. AGPL is the problem, especially the problem of GPL by Anonymous Coward · · Score: 0

    > I suspect you're thinking of the AGPL, not the GPLv3.

    The AGPL is exactly my biggest problem with the GPLv3. GPLv2 was a free copyright license: You can run, use, modify and distribute it freely but you are not allowed to make it non-free. With GPLv3 you are not only allowed to make it non-free (by combining it with AGPL code) but you are also forbidden to make it copyleft, as you are no longer allowed to forbid making it non-free.

    This in my opinion GPLv3 is a free anti-copyleft license.

  149. Re:BSD license was always more permissive, so grea by Squiddie · · Score: 2

    Well, I'm not against them profiting from my code. If they used the code and never made an improvement, the end result would be the same. It's one 'bug' in the GPL license, but I don't see a need to pursue it. They are using the code internally and not distributing. Anyone that wants to make improvement and distribute, well those people will have to give back to the community. I'm not too worried about that.

  150. Re:BSD license was always more permissive, so grea by next_ghost · · Score: 4, Informative

    Use Affero GPL for the project in question in the first place. Problem solved.

  151. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 5, Insightful

    The freedom the GPL guarantees is the customer's freedom.

    It means if you use something you also get to see what it is and to be able to modify it.

    Programmers are not an ends in themselves.

  152. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 2, Interesting

    So tell me, o mighty spouter of clichés, what the fuck your statement has it to do with the question at hand?

    If you can't immediately see the answer to that question, then you could always look up the old legal concept properly and educate yourself. Here, let me Google that for you. Perhaps next time, you'll have the courtesy to do so before you resort to knee-jerk ad hominem attacks.

    The point of the original legal idea was that if you start enumerating specific counter-examples then you are creating a presumption that the general case holds. In this context, while obviously we're talking about economics rather than law, the same basic idea makes sense: any time someone asks about commercial viability of GPL'd software, the same tiny number of companies that make money based around such software get trotted out as counter-examples. (Don't agree? Try Google again, this time to see how many other examples you can find by searching the history of Slashdot. It won't take you long.) Given that it is easy to cite numerous companies that make money via other means, this suggests that perhaps making money from GPL'd software really is relatively difficult, thus backing up the comment by InsightIn140Bytes above.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  153. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    I work in a large multinational, and this is precisely the situation there. The lawyers do not know what to do, exactly, with the LGPL stuff, and they are deathly afraid of a lawsuit over the GPL stuff. So while on my own time I have no strong opinion regarding the copyleft as a strategy for protecting access to source code, while I am at work, MIT and BSD licenses are infinitely more palatable, as they will be pre-approved and will not require obtaining special approval.

  154. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    Why would you say that? There are many very reasonable concerns about using GPL'd software that have nothing to do with Microsoft, starting with the fact that some of the most basic use cases are ambiguously specified.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  155. Re:BSD license was always more permissive, so grea by prefec2 · · Score: 1

    If you want to become an Eclipse project you have to use a EPL compatible license which includes EPL and APL and BSD-licenses. Therefor a lot of university projects choose EPL or APL over GPL.

  156. Re:BSD license was always more permissive, so grea by nothings · · Score: 1

    Why would I want my code to be "free and open"? I want my code to contribute as much to society as possible.

    In my evaluation, for the free libraries I write, I find this is best achieved by giving it away without restriction, allowing proprietary companies to incorporate it into their codebases without being obligated to give anything back. There are some companies whose companies won't let them touch GPL code. They can use my code and not give anything back (some give back anyway, even though there is no legal obligation). I think this is a net improvement for overal benefit measured over the entire world than if they couldn't.

    I go further than most people at that point; I don't use MIT or BSD or any such licenses, most of which just require keeping authorship information in the code, or in the code and docs. There are some companies whose companies won't let them touch any open source code, and those companies (that I've talked to so far) are ok with public domain code (although I've heard some lawyers are scared of it, given the legal ambiguity in the US). The main practical difference between the non-viral open-source licenses and public domain is the former have legal obligation for attribution, and I just don't see the point in bringing the legal system into play just so some source code locked away in a company's safe somewhere still has my name on it.

    So, personally, I believe public domain is a reasonable choice for people to make if they're trying to optimize for "maximum utility" of their code. I believe non-viral open-source licenses are reasonable if you want as much utility as you can get while still guaranteeing you receive "credit" (of some minimal kind) for your work. I believe GPL is the most reasonable choice for people who want to try to change the world to make sure that any printer they buy has drivers they can recompile (which is a rather programmer-centric view of the world, although after 30 years we've only seen mixed results).

    (I don't mean "viral" in a negative way, I just like to have a simple word to distinguish that class of license.)

  157. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    The common idiom is a complete misunderstanding

    Of course it is. But I was using the term in its original spirit, hence the mention of etymology.

    And since it's not a logical term, I'm not sure why you compare it to logical fallacies.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  158. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 0

    To amend what you are repeating BSD is about freedom of the distributor; GPL is about freedom of the code.

    Let me fix that for you: BSD is about the freedom to make choices for everyone in the distribution chain. GPL is about imposing restrictions ON THE USE OF THE CODE for everyone in the distribution chain. Or have you forgotten all those "linking" arguments, including the bogus ones about how loading a template script into a runtime is somehow "linking" (people wouldn't be stupid enough to make the same argument for a spreadsheet or a word processing document, but GPL zealots have never been noted for logic).

  159. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    Which is exactly why the GPLv3 is so widely rejected.

    --
    Disinfect the GNU General Public Virus!
  160. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 3, Insightful

    You're gonna be free wether you like it or not!

    This would be a great view of things if you could just compare BSD/MIT to GPL. Unfortunately, you have to take into account that there's also copyright and other laws which do also impose a "whether you like it or not!" situation that many people -in particular those having to deal with software development- end up very much not liking.

    The GPL licenses are trying to work around various un-sane defaults in copyright. And the BSD/MIT licenses are really only deferral of all rights to the next party, which then -by default or intentionally- would just apply the very restrictive copyright as usual, or pull some shenanigans with DRM, or other things.

    Either way you get a "whether you like it or not" situation. But I see the one where all people get more rights as opposed to deferral of this decision to the next person in line as the better solution.

  161. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 4, Interesting

    So what are you exactly against? People using your code and improving it without giving anything back? Because that is what Google is doing. Why are you exactly against distributing modified code without source, but not against locking in that code in their own datacenters and never giving anything back? Because the end result is the same - they use the code without contributing back. In fact it's even worser, because it also locks users to their services.

    I have a good example of this. I've been using Cryptoheaven as my email provider for several years. They open source their client, but not their server side code. This means you cannot actually use the code without also using them, and I've been locked to paying them because I was stupid enough to use their domains for emails while registering to all kinds of services.

  162. Re:BSD license was always more permissive, so grea by next_ghost · · Score: 1

    I am perfectly happy with people and even big evil corporations profiting from my GPL'd code as long as I get paid in publicly available patches.

  163. Re:BSD license was always more permissive, so grea by caseih · · Score: 1

    Not true. Please stop spreading these kind of lies. The GPL cannot force anything else to be GPL. Plain and simple. If you use code that is licensed under the GPL and find yourself in violation, you have 3 choices:

    1. 1. Make your own code that touches the GPL code GPL too so that you are compliant with the license.
      2. Negotiate an acceptable license with the copyright holders.
      3. Write your own damn code. In other words, remove the infringing code from your project, or your operating system, or your hosting system.

    It's your choice. Nothing is forced on you, though if you knowing violate the GPL you are liable for cash damages as per copyright law. But certainly the GPL cannot "infect" code. That it can is a lie plain and simple. Pleas stop spreading it. It's bad enough that MS is spreading this lie.

    The only possible way you can run afoul of the GPL is if you get greedy. Just because code is offered freely on the internet doesn't grant you a right to use it however you want. The GPL is no different than any source code license. If you are unsure of your ability to use it in a commercial setting, consult a lawyer. This should be no different than if you are using code licensed from Microsoft or any other proprietary company or source. Seems to me that the recent problems with GPL violations come from companies that have, for all intents and purposes, knowingly stole code and hoped to get away with it. Unlike proprietary code theft (which I am sure is as rampant), open source code theft is sometimes easier to spot.

  164. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    You can't enforce freedom, idiot.

  165. Re:BSD license was always more permissive, so grea by Microlith · · Score: 1

    The point here is that if I make changes to BSD software that entices you to use my variant, the original version is of little use to you unless you are capable of reimplementing the changes that I made.

    And if you can't (which, presumably, is why you are using my variant) then you are dependent upon me to deliver fixes, changes, updates, etc., a situation the GPL was created explicitly to avoid.

  166. Re:BSD license was always more permissive, so grea by next_ghost · · Score: 1

    If this was an issue with those projects in questions, they would be under Affero GPL. But since they are under vanilla GPL or LGPL, it's a non-issue.

  167. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    This is why saying that the GPL is about freedom is in the same category as the classic "f***ing for virginity". GPL zealots are arguing by redefinition, and using the concept of "freedom" to mean something entirely different and wrapping themselves in its mantle.

    If you want true freedom - which must always include the freedom to do things that piss others off without actually harming them - then you should choose some other license than a Stallmanite one.

    --
    Disinfect the GNU General Public Virus!
  168. Re:BSD license was always more permissive, so grea by Lemming+Mark · · Score: 3, Informative

    The Island of Sark was, until fairly recently, the only remaining feudal state in Europe. Not that long ago they did have an actual referendum and decided to stay like that, rather than transitioning to democracy (some time later they had another referendum and decided to make the change after all).

    Its a tiny, tiny place - cars are illegal, you use bicycle or cart - so I imagine there genuinely *is* an argument that you know the people in power personally, so why would you need elections. Presumably the first time round they just couldn't see the benefit of democracy in their particular case. Not the same scale as, say, Egypt but it is a valid case of where there were sane arguments against democracy.

    Tangent: when they did switch, the democracy was apparently under immediate attack. Some UK newpaper barons from neighbouring island (the Barclay Brothers, who own the Telegraph newspaper) threw their weight behind the democracy campaign and put up a candidate. They have subsequently been accused of using their muscle as a local employer to punish and manipulate the population (who voted for someone other than the Brothers' preferred candidate). A thoroughly surreal situation and bizarre to think of a state the size of a very small town / large village immediately under attack by commercial interests and pressures!

  169. Tiny projects on github can be useful by Anonymous Coward · · Score: 0

    But they are still tiny, the growth in BSD style licenses (not decline in copyleft) is likely strongly linked to places like github and bitbucket where people share a lot of quick-and-dirty stuff that would have rotted in a tarball deep in an ftp tree otherwise, or not have seen the light of day.

  170. Re:BSD license was always more permissive, so grea by moderatorrater · · Score: 1

    There's no reason Google couldn't have used BSD instead if they wanted to keep it closed source. They've also open sourced more of their code base for Android than necessary. They're not as aggressively open as other companies, but they're more open than the license dictates. Seems to me that your example is, in fact, "invalid".

  171. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1

    In contrast, Yahoo uses a private fork of FreeBSD on a lot of their systems. They employ several FreeBSD developers and contribute a lot of changes back if doing so won't give away a serious competitive advantage, but they keep some things private.

    NetApp, Isilon, and Juniper also have their code based off of FreeBSD. Over time all have found that it's generally better to contribute back to the project rather than keep their patches private.

    As time goes on the public project moves forward and it takes more and more effort to keep your private repository synced.

    Isilon sponsored InfiniBand and in-kernel NFS work for FreeBSD and have the code made public. Isilon's innovation is their file system (and they make their money off of hardware and contracts), so that's what they keep secret; everything else is treated as the incoming tide that helps lift all boats.

    Sandvine (the DPI vendor) also uses FreeBSD and has sponsored a lot of put backs (with credit in the commit messages for such work).

  172. Re:Don't be stupid by next_ghost · · Score: 3, Insightful

    Just look at Apple - the company with the most worth in the whole world - selling software that was built upon FreeBSD.

    And not contributing anything back to the community. Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost. On the other hand, when a big GPL vendor falls or discontinues a product, anybody can come in and keep it alive from the last public release.

  173. Re:BSD license was always more permissive, so grea by grumbel · · Score: 1

    GPLv3 still allows you to run code on your servers without giving back, it's only the AGPLv3 that requires making the code available.

  174. Re:BSD license was always more permissive, so grea by Squiddie · · Score: 1

    Using BSD or other license won't mitigate this. So why change it? Yes, this is a weakness in the GPL, but one that must be tolerated because otherwise the license would be too cumbersome.

  175. Re:Don't be stupid by Anonymous Coward · · Score: 0

    "And not contributing any thing back to the community". libdispatch? iokit? darwin streaming server? darwin calendar server? webkit? You're entitled to your opinions, but you might at least put a bit of effort into, you know, basing them on facts.

  176. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    That is definitely not a better analogy.

  177. Re:BSD license was always more permissive, so grea by turgid · · Score: 1

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it. Freedom isn't picking who gets to enjoy that "freedom" based on some rules.

    You're completely missing the point.

    The GPL allows anyone to use the software for any purpose, including to make money. It does not allow the software to become part of a product that is closed source, that a company charges money for.

    The idea is to keep the code free and open.

    If I write code and give it away for free with source, why should some random company that has no intention of opening its source code for the benefit of others to learn from and to use, and charges money under a license restricting the use of the software, get to benefit from my hard work and altruism?

    That's the point. That's why I support and use the GPL and LGPL.

    If you are happy with someone else using the code that you wrote to make money (without paying you tuppence), probably modifying your code and not giving back the changes and charging people to use a product based on it, that's up to you.

    However, that sort of idea is more popular amongst the greedy and the PHB types who never wrote a line of code in their lives than those that actually write code (and use other Open Source).

  178. Re:BSD license was always more permissive, so grea by TheRealSlimShady · · Score: 1

    RedHat don't make much money from selling GPL code, they make money from consulting & support. And it's hard work for them.

  179. Re:BSD license was always more permissive, so grea by Darinbob · · Score: 4, Insightful

    What is "profit from" also? If I borrow some internationalization code as part of a huge project, this saves the company money from having to buy a propriety product perhaps. More likely though it means we don't implement it ourselves and have less bugs down the road than if we rolled our own. Now does that mean we profited and the original author now gets access to every single line of our code as the GPL would imply? Even if the code is proprietary and our competitors are anxious to get a peek at it? Even if various government agencies disallow giving away the code or allowing end user customization of the machines?

    With GPL the return payment is that you must also be GPL in absolutely everything you do. With BSD the return payment is that you give recognition to the author and keep the copyright notices intact. The first type of payment is too high for most companies unless they've got a software model that fits (ie, dynamic libraries, separately loaded programs, kernel modules, multiple cpus). The second payment is much easier but many companies don't know of it and they associate all free or open source software as GPL tainted. So the result is many smaller companies reinvent small pieces of code or libraries all the time, not the result desired if the author wanted to share code.

  180. Re:Don't be stupid by tomhudson · · Score: 3, Informative

    Just look at Apple - the company with the most worth in the whole world - selling software that was built upon FreeBSD.

    And not contributing anything back to the community. Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost. On the other hand, when a big GPL vendor falls or discontinues a product, anybody can come in and keep it alive from the last public release.

    Quite the contrary - here's the source. And keep in mind that apple also hired some of the FreeBSD developers, and contributed back to the FreeBSD project with code.

  181. Re:BSD license was always more permissive, so grea by s4m7 · · Score: 1

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Well, do you really want someone to give something back to your project because they have a gun to their head? It seems like there are a lot of commercially supported and viable BSD licensed projects, where the people profiting from the work give back simply because they profit from it, not strictly because they have to.

    --
    This comment is fully compliant with RFC 527.
  182. Re:BSD license was always more permissive, so grea by Darinbob · · Score: 0

    The "give back" part if vague and confusing. With GPL you do not give anything back to the original author. Instead the author requires you to make ALL YOUR CODE available to anyone who asks if you linked with the original code. This would be ok if it were only modifications to the code you borrowed, however FSF has defined the mere process of linking to the code as making your entire existing program a derivative work. This is an absurd notion. One line of GPL code does not make 100,000 lines a derivative any more than my adding a line to a wikipedia article makes those older lines a derivative of my insightful one liner.

    But back to the original point of this slashdot article. Developers are deciding not to use GPL, it is their own choice. This isn't about companies not giving back but about developers who don't care if the users don't give back. They have the freedom to decide to give away gifts if they want.

    Of all the things I disagree with FSF about, the most galling is that they feel the need to lecture everyone else about how we're wrong. We're not pure enough if we don't include the restrictions, or we're naive, or misinformed, or we don't care about free software. This is amazingly patronizing. We don't need the lectures.

  183. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Do you honestly need a citation for that or are you just being a smartass? Google would yield you all the citations you need in one simple search.

    Why do you think the phrase "open sores" has become so popular? Corporations do not want to even touch the stuff. Corporations are out to make money. They don't make money giving away their programs, especially with GPL3 where you need to grant use to all relevant patents covered by your programs.

    Making money on GPL software is just not conducive to good business. Before someone touts out RedHat or something being so wildly successful -- they don't make good money on software. They make good money on services.

  184. Re:BSD license was always more permissive, so grea by Themer · · Score: 1

    Do the Google appliances use the code? If so, isn't that distribution? I am asking honestly as I do not know the answer.

  185. Re:BSD license was always more permissive, so grea by Anne+Thwacks · · Score: 1
    If you use a closed version of what was originally BSD'd code, then you are using closed source code. If you get shafted as a result of the senario you described, then I would expect you to be sacked for terminal stupidity.

    Does that mean I would sack any of my employees who use closed source code - yes, if they used it for corporate infrastructure, or had no fall back plan for the code becoming unmaintained.

    Why? Because Oracle have burned me three times already.

    --
    Sent from my ASR33 using ASCII
  186. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1

    More like the freedom of speech only existing if you repeat everything you hear anyone else say, even if you don't want to.

  187. Re:BSD license was always more permissive, so grea by flimflammer · · Score: 1

    Did you seriously just imply the only time the GPL would cause problems for companies is in acts of evil?

    Wow.

  188. Re:BSD license was always more permissive, so grea by Squiddie · · Score: 2

    As long as you do not redistribute the code, then there is no problem. I like the BSD license, and for certain projects it just works better. I don't think that one should just use one or the other, but so far, I have only needed to use the GPL license. I don't believe either one is more "free." If companies want to be misinformed, then let them be misinformed.

  189. Re:BSD license was always more permissive, so grea by Anne+Thwacks · · Score: 1
    choose to replace democracy with something less than democratic?

    You might want to google "bread, circuses and Rome"

    --
    Sent from my ASR33 using ASCII
  190. Re:BSD license was always more permissive, so grea by Anne+Thwacks · · Score: 1

    Is that you Bill?

    --
    Sent from my ASR33 using ASCII
  191. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    The issue is in the double standard. Have you ever read a proprietary software license? Their clearest language is the parts where they make explicit that you have no rights. You can end up in violation of the license by doing completely arbitrary things that users will never consider before doing, like some fifteen-seat satellite office using Windows XP Internet Connection Sharing with more than ten computers. Or just simple oversights like you inadvertently install a piece of volume licensed proprietary software on more computers than you bought seats for.

    The answer to these problems is not to prohibit all proprietary software in the enterprise. The answer is for the lawyers to do their jobs and see to it that nobody is violating the license. And that goes no different for open source licenses.

  192. Re:BSD license was always more permissive, so grea by next_ghost · · Score: 1

    You can't do that with BSD software either, since you can't close the source at all. You can fail to share the source, naturally - but anyone who wants it can go and get it from the same place you got it from. You, as an individual (or company) get to decide what license your code is released in, or even if its released at all - which is the same freedom that the original author of the BSD package you're using had.

    Yeah, but the one killer feature that you've added to your version is not in the upstream version that others can get.

    Look at it this way: In the GPL world, work can be done in both upstream and downstream but there's very little duplication of effort because different downstream branches can copy features from each other and most features quickly reach upstream when they mature. The upstream is the central point of all development. In the BSD world, upstream is nothing more than foundations for others to build on. It's very common that there are multiple proprietary products built on common upstream base but each has to reinvent the wheel independently and none of the resulting implementations will probably reach upstream.

    That's why GPL software can keep up with proprietary software (built on top of BSD licensed code or not). When you want to get something done as proprietary software, you have to throw a mountain of money at it from your own pocket. When you want to get the same thing done under GPL, the mountain of money thrown will be pretty much the same size, but it's going to come from a lot more pockets.

  193. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    So you use the GPL and require copyright assignment. It's not rocket science.

  194. Copyleft's natural tendency to decline in use by Anonymous Coward · · Score: 0

    When you have copyleft licenses coexisting with other types of licenses, doesn't the copyleft license naturally decline in use over time?

    With proprietary licenses, people working in different organizations often have to write code that does the same thing, but projects that are copylefted allow one of those companies to benefit from the work of the other. It's like a code cache; with a few exceptions, like two people disagreeing on how to implement something, you'll get more and more cache hits until almost no one writes code anymore. Theoretically.

    People who are forced to use proprietary licenses are kind of like web users who are forced to have their browser cache turned off. So eventually, we'd see a decline in copyleft licenses. That's an indication that copyleft is working.

  195. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 0

    So how does Google hosted services "pay forward" to their users the same way with the GPL code that they received? Yep, they don't.

  196. Re:BSD license was always more permissive, so grea by InsightIn140Bytes · · Score: 0

    The GPL lets me ensure payment in some form. Either I get source, or I can possibly get money in exchange for a different license.

    Has Google done either one of these to you while they fork your code to their servers and never give out said code?

  197. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    You're completely missing the point. You can't argue that the GPL isn't "freedom" but the BSD license is, because it depends entirely on how you define freedom. A definition that makes the BSD license "more free" isn't the sole, true definition than the one that makes the GPL "more free." There is no absolute freedom. There is only a trade off between the freedom of B and C and the freedom of A and D. The GPL and the BSD license make that trade off differently. Which is "better" depends entirely on who you are and what you want.

    Of course, large companies that want to take your code and use it in their own software without giving anything in return would prefer that you use the BSD license.

  198. Re:BSD license was always more permissive, so grea by Yvanhoe · · Score: 1

    GPL is not incompatible with profit. You can sell GPLed software, Google sells Android which is based on GPL code (the linux kernel). It just mandates to open the source code and to keep it open.

    Ask Google (or any big web company for that matter) if GPL means "no profit". BSD doesn't mean open code, it just means "free stuff"

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  199. Re:BSD license was always more permissive, so grea by slasho81 · · Score: 1

    You can't say something is free and demand something back for it.

  200. BSD for me and my projects by flimflammer · · Score: 1

    I've read most of the comments here and it's easy to see how passionate everyone is from both sides of the fence.

    Me, personally, do not much like the GPL. I think the BSD license is far more free in my opinion of freedom. I release everything I write with a BSD license for two reasons: the end user has absolutely no restrictions as should be the case, and neither do developers who want to use my code, except for an acknowledgement that they are using it. I don't expect any more than that. If you want to turn something I wrote and integrate it into some big commercial app then by all means, do it. Being affiliated with a big name project is (usually) a good thing. If you want to release your own changes with a similar license? Great! I'm all for that too.

    The point here is I want to give everyone the chance to do what they want with my code, not feel like they have to give back. I want them to -want- to give back. I am providing my code for everyone to do with as they please. The next guy down the line should not need to do the same. Everyone is free to take my code and do what the other guy did if they really want that functionality and he hasn't offered it up already.

  201. Re:BSD license was always more permissive, so grea by Prof.Phreak · · Score: 1

    That's how you end up with hardware that you own, that you have to "root" or unlock in some way in order to run Linux (well, android). And that's perfectly reasonable for you?

    Vote with your wallet doesn't work when *all* hardware is locked down good... think of cell phones and tablets in a few years time, when manufacturers iron out various defects that cause someone to bypass their security.

    --

    "If anything can go wrong, it will." - Murphy

  202. To me, it's just a matter of length and complexity by Anonymous Coward · · Score: 0

    GPL is just too long.

    I have tone some open source libs in my free time. When I do them, I just don't want to spend time thinking about complex legal issues and whatnots. I want to program. I want as many people as possible to use what I share. I want an easy license that allows me to easily and quickly deal with any legal questions I might have in the future. My free time is too precious to be devoted to dealing with murky legal aspects.

    MIT or BSD allow me to get done with the legal aspects quickly and concentrate in the stuff that interests me. GPL is just not practical for me to use.

  203. Re:Don't be stupid by next_ghost · · Score: 1

    Nice. So if I download all that and build it properly, do I get a complete working MacOS X build? If the answer is "no", I rest my case.

  204. Re:BSD license was always more permissive, so grea by horza · · Score: 5, Insightful

    Sorry but your post does not make any sense. If Google decide to use GPL code then that is fine. If they improve it internally but do not give it back then they can do that but they will either have to permanently fork it and lose any improvements to the GPL version or they will have to continually patch their modifications back against the GPL source tree. Even then they don't 'own' their code which can have legal ramifications down the road, for example if they decide to release a version in Android. The fact you think it locks users into their services is clueless, do you know anything at all about software?

    Your example is incredibly poor. Open sourcing the client makes sense as then it can be ported to different platforms. They may not open source the server side code but the data is encrypted using standard RSA asymmetric and AES symmetric algorithms. As they keys will be stored client side you have all you need to prevent lock-in of your data. If you register for services using an email address then, er, yes, those services will expect you to have that email address. If you wish to change then simply create a new email address, and log into each service and change the registered email address. But you are obviously too lazy to do this.

    Phillip.

  205. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1
    You make no sense. GPL allows you to use the software as you wish. If you can't make private modifications for your own use you aren't free to use it: if you profit while doing it, so much the better for you. GPL never was about _not_ profiting.

    Google isn't selling you GPL code. Not at least in the case you want to use to bash online service providers. If you want to make sure that your code is protected against that, there is AGPL.

    But, since it is essentially the same, answer this hypothetical question: say I modify some GPL CAD software so it can drive a CNC. Should I give my clients the designs of the pieces I produce for them, or my code, just because they bought those pieces from me?

  206. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Because everyone thinks profits are bad, and closed source is bad, so since they're both bad, profits must equal closed source.

  207. Re:Don't be stupid by next_ghost · · Score: 2

    Your listing of Webkit among Apple's contributions to community is a big fail. Webkit is GPL'd and it had to be GPL'd all the way back when Apple forked it from KHTML. And if you still don't understand, I'm not talking about releasing a few apps and libraries here and there while keeping the system core proprietary. I'm talking about getting complete system build without reimplementing a proprietary decade of development history from scratch.

  208. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    You don't maximize freedom by destroying it. The BSD license destroys no freedoms. The GPL does. It's truly that simple.

    --
    Disinfect the GNU General Public Virus!
  209. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Even if someone does not want to share their code with you, what on earth do you gain from not letting them use yours?
    Do you feel you are getting "revenge" by making them needlessly write their own implementation instead of using the one you wrote?

  210. Re:BSD license was always more permissive, so grea by vadim_t · · Score: 1

    Well, there's the AGPL for that. Which may be why Google doesn't seem to like it.

    Yeah, some of that kind of thing may remain despite the AGPL, but it's not really practical to try to go against that. And it's probably not a good idea for a company to attempt, as the minute that makes it to the outside they may have to distribute their source.

  211. Re:BSD license was always more permissive, so grea by gomiam · · Score: 5, Insightful

    BSD is about the freedom to make choices for everyone in the distribution chain.

    And what I just remarked is what is wrong with BSD... from a GPL POV. Keeping everyone else in the distribution chain able to make their own choices (except restricting anybody else) is, for GPL advocates, more important than you losing the ability to forbid everyone to do anything with the code you "inherited".

    GPL is about imposing restrictions ON THE USE OF THE CODE for everyone in the distribution chain.

    And that is false. There is one restriction on distribution, and none on use. You don't use software when you distribute it. Please remember that.

  212. My hypothesis by horza · · Score: 2

    Just an off-the-cuff thought, but maybe we could categorise GPL as "want to be paid" and BSD/MIT as "already been paid". With the former, it tends to be coders writing pet projects in their spare time. They want to contribute to the world but resent being exploited for free. Hence the GPL means they will be paid in code or if corporate they need to pay cash for a commercial license. With BSD/MIT the work has been funded by academia/corporations hence has already been paid for, meaning less barrier to releasing it into the wild even if plagiarized for no return. The growing percentage of corporate contributions will of course be reflected in the percentage change in licensing terms.

    Phillip.

    1. Re:My hypothesis by marcovje · · Score: 1

      I would agree with you if most GPL projects actually made provisions like GNU does, to aggregate copyrights into a legal entity (foundation).

      The reality however is that most GPL tools can't actually issue commercial licenses, because it is nearly impossible to get all copyright holders to consent.

      The only ones that actually seem to have such schemes are mostly commercial software that releases their trial and non-commercial editions under GPL (like mysql, and in the past Borland (Kylix OE)).

  213. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    If you made something that could make you a fortune, pay for your house, student loans, and a company of your own then you would understand why.

    Case in point? Look at earlier this week when someone invented something with cameras that no one else could do in /. stories? Problem was the toolkit is under GPL. How is that fair? There work was worth money but the GPL forced them to give away the algorithms to conpetitors so a whole clone of the toolkit was needed.

    How is "so a whole clone of the toolkit was needed" unfair? If they used a toolkit written by somebody else, then it's not all "their work"; some of it is the work of the developer of the toolkit. You don't want to be bound by the requirements of some software, don't use the software. If that means you have to write your own replacement, so it goes; it's not the rest of the universe's responsibility to give you what you want.

  214. Re:BSD license was always more permissive, so grea by Larryish · · Score: 1

    GPL served a useful purpose.

  215. Re:BSD license was always more permissive, so grea by Splab · · Score: 1

    The reason why we don't want to use GPL is it forces us to open up parts of a project that might not be permissable opensource - for me it's not my belief for or against GPL, it's just the fact that I can't link GPL'ed software to software I buy, because I don't have the option of opening up everything.

  216. Re:Don't be stupid by jeremyp · · Score: 0

    And not contributing anything back to the community. Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost. On the other hand, when a big GPL vendor falls or discontinues a product, anybody can come in and keep it alive from the last public release.

    This is wrong. All of the BSD components Apple has modified are open sourced by Apple. The kernel of their operating system is open sourced. Some other components of the OS are open sourced e.g. IOKit, libdispatch, cflite. The printer system (CUPS) is open sourced. Bonjour is open sourced. Webkit is open sourced. Their C compiler is open sourced.

    Don't say they have given nothing back, because it's bullshit.

    --
    All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
  217. Re:BSD license was always more permissive, so grea by microbox · · Score: 1

    you also have to let people to profit from it

    But they /can/ profit from it. They also have to supply back any improvements they make.

    Linux would be... BSD... without GPL. So it works for some projects.

    --

    Like all pain, suffering is a signal that something isn't right
  218. Blame Apple by Anonymous Coward · · Score: 0

    I think some blame has to be thrown at Apple and Google. But for different reasons.

    Apple, with iOS has basically mandated that you can not use GPL, because every geek with a Mac will put their own version of a GPL program on the App store when nobody has the legal ownership of the software, and by extension can't sell it. If you want to put software on the App Store, it has to be under a Closed licence, however you can certainly share the sourcecode under something like a BSD licence with the stipulation that you can't put YOUR software on the App store too. It comes down to Libraries and vs whole programs. For something like zlib, libpng, etc their own open source licence allows you to compile it and redistribute in binary form the software. You can't however remove the copyrights from their libraries, hence you can't claim ownership of zlib and libpng. Thereby giving you no right to sell "libpng" on the appstore, however you can certainly sell something that can read and write to png files using libpng.

    With Google, the same problem applies to their App store, but I don't offhand know of a case example as I don't use Android and follow it less closely than iOS. But Google also makes the GPL problem worse, because Google legally knows they can use the GPL as long as they aren't selling or distributing their derived versions of the software.

    One of the greatests abuse of the GPL licence is in when it's used in user-generated content systems. If I were to make a game engine and make it GPL, nobody will use it because it also makes their game content GPL. OOPS, MAJOR SCREWUP there. Also, it makes it impossible to prevent cheating since anyone can just download the engine code and make their own cheat version. OOPS. The same applies to Youtube, and other video sharing sites. Because the licence for the codec libraries is LGPL, it means the software is broken if the rest of the software chain isn't open source too.

    You see this with crappy software that converts flash animations into h.264. They bundle the libavcodec which is LGPL, then wrap it twice, once to bridge the LGPL to a "open source" (air quotes) module that then pipes the content to the proprietary part of the program. So all these programs are selling is a windows GUI to load the flash file into the flash player (poorly I might add) and then pipeing the image frames to the libavcodec or x264. It took me about 20 minutes to find the source code to a program that does the exact same thing. They load the activeX flash module into a hidden window, and just effectively 'screenshot' it as fast as the system CPU can handle it. It makes no effort to accurately do it.

    I'm sure if libavcodec could parse flash animations, it would make converting to h264 much easier. This is why (flash animators) bitch and moan about being unable to convert their Flash9 or earlier animations to h264, because there is simply no possible way to convert a flash animation correctly without the flash player plugin, which adobe took their sweet time updating to 64-bit. Flash 9.x and later you can export to h264 on the MAC version of Flash CS4 or better because it utilizes quicktime's h264. If you lost your source code .fla project, too damn bad.

    So the GPL is the wrong choice if you are developing games, or using it with user-generated content. It's the right choice when you are developing an application that the benefits of being GPL (portability and anyone can update/maintain it) outweigh the negatives of "what if someone sues me under the GPL for not releasing their changes."

    Just to clarify "user generated content" I mean where the game engine or whatever is "used to make content" which itself is a form of programming, like say something that automatically generates LUA code,HTML,SVG or javascript. One could make the argument that the game engine and all it's code is GPL, thus making it impossible to sell derived games using the same engine on the app store.

    This is just theories based on the political ramifications of using GPL.

    1. Re:Blame Apple by jbolden · · Score: 1

      This was a pretty good detailed comment. You might want to consider getting an account.

    2. Re:Blame Apple by Alex+Belits · · Score: 1

      Too bad, everything in it is false.

      --
      Contrary to the popular belief, there indeed is no God.
  219. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1, Insightful
    You quote an analogy about letting others have freedom of speech and then twist it around to talking about letting others have freedom of speech. There is a difference between talking about not letting others have freedom of speech and actually not letting them have it.

    The rest of your argument is based on that misinterpretation and is invalid.

  220. Re:Don't be stupid by tomhudson · · Score: 1
    Instead of asking/b*tching/moaning and groaning, why not try it?

    Besides, the link already proved your original knee-jerk claim was totally wrong.

    Besides, the real point is that Apple did, and does, continue to make contributions back to both FreeBSD and the world at large. You're free to use those contributions not just in FreeBSD, but in Linux as well.

    BTW - if you download every single package from gnu.org, you STILL don't have a complete working build of an OS, so what are you complaining about, really?

  221. Re:BSD license was always more permissive, so grea by Larryish · · Score: 2

    You had me at "truck nuts".

  222. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    That would be AGPL.

  223. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    What is the point of software being called open source when it is not usable by developers?

    GPLed software is usable by some developers - those who, for whatever reason, have no problem giving source away. It's not usable by those who do. The point of licensing software under the GPL is to ensure that all work done (sufficiently directly) atop your work will be be as available to others as was your original work. I consider that every bit as legitimate (no more, no less) as choosing a license that allows others to restrict the distribution of work done atop your work. If somebody chooses a GPL-like license for their software, and that's inconvenient for somebody who wants to build something atop that software, that just means they'll need to do the work to replicate the functionality of that software, get somebody else to do so under a more convenient license, or find software that offers the same functionality under a more convenient license.

  224. Re:BSD license was always more permissive, so grea by jeremyp · · Score: 1

    If we are talking about Red Hat, it should be pointed out that a Red Hat distro includes quite a lot of software that is distributed under licences that are not GPL. For instance, many copies of RHEL are sold to provide web servers. Apache httpd is not GPL'd.

    --
    All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
  225. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    More like the freedom of speech only existing if you are able to repeat everything you hear anyone else say, even if they don't want you to.

    FTFY.

  226. Re:Don't be stupid by tomhudson · · Score: 1
    The code on which webit was based (KHTML) was, to put it charitably, fugly. And the rendering broke on most web sites. In retrospect it probably wouldn't have been much harder to do an implementation from scratch, or use a non-gpl core.

    As someone who actually tried to use it to browse the web "back in the day", it was garbage. Even IE6 was better (okay, truth be told, even IE5.5 was better).

  227. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    Agreed. I think the shift has occurred because of increasing corporate interest in open source. BSD is seen as more corporate-friendly than GPL, when in fact it should be the other way around--BSD allows your competitors to reap the fruit of your labor without giving you anything in return. Start-ups, however, are lured by the idea of being able to close-source everything once their product becomes a smash hit,

    There may well be start-ups who are. There are other start-ups who incorporate BSD-licensed code in their software and never open-source their software in the first place. One such startup succeeded rather well.

    while established companies face genuine legal issues preventing them from linking GPL'ed code with closed-source code from vendors.

    Unless it's an established company that doesn't link GPL'ed code with closed-source code.

  228. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 1, Insightful

    The problem with the GPL is that it is viral, that is why companies avoid it. There were loopholes in GPLv2, but now are closed in GPLv3 and companies avoid it like the plague.

    Use GPL?
      - Everything that links against it much be open source
      - Free all your patents
      - Must open all hardware so that code can be replaced (Good luck with subsidized hardware models)

    Open Source Code is largely made by companies, make licenses hostile to companies and those companies will only participate in projects that have nice licenses, this explains the shift in licensing

  229. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    Probably because they want their software to be used. I'm running a one man LLC and for my current work, if something relies on GPL then I simply can't use it.

    You can't, for example, use Wireshark to look at networking problems on your machine if they're getting in the way of your work? Or do you just mean "I can't incorporate GPLed code in my current work"? Software can be "used" in ways other than incorporating it in other people's software projects.

  230. Re:BSD license was always more permissive, so grea by icebraining · · Score: 1

    Right, by users I mean "receivers of binaries". You need AGPL to cover hosted services.

  231. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    I think a lot of developers see GPL as a "taking my toys and going home" license which discourages free use. If you weren't going to make a million dollar idea with your software, why stop someone else?

    Because you want all improvements to your software to be available in the same way that your software is available, regardless of whether that makes it difficult or impossible for somebody else to make money from it? I.e., because you released the software to make it widely available, in source form, and you want improvements to be equally widely available?

  232. You ARE Commies by Anonymous Coward · · Score: 0

    And I mean this completely seriously. You obviously cannot live with your projects having idealist goals, you apparently want to shove your agenda down everyone's throats. Very much like Marxists and Maoists. I guess you also advocate blowing up people for "the common good".

    1. Re:You ARE Commies by Anonymous Coward · · Score: 0

      True about Comrade Stallman, if you've ever read http://stallman.org/

  233. Re:Don't be stupid by Anonymous Coward · · Score: 0

    Just look at Apple - the company with the most worth in the whole world - selling software that was built upon FreeBSD.

    And not contributing anything back to the community. Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost. On the other hand, when a big GPL vendor falls or discontinues a product, anybody can come in and keep it alive from the last public release.

    http://www.opensource.apple.com/release/mac-os-x-1072/

  234. You knew they would by Anonymous Coward · · Score: 0

    fuck up a good thing.

  235. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    Is it then? So total anarchy, where anyone has the "freedom" to lock you in a cage forever or enslave you under threat of death is the epitome of a free society?

  236. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    You post is FUD of the worst sort. The GPL in no way restricts freedom to profit from GPL code, it only restricts you from taking private the hard work of the original authors.

    So... if I write some software... and release it under a non-GPL license... and someone else uses it... you claim that they can prevent me from giving it away to anyone else?

    No, that's not the claim. The claim is that if you write some software, and release it under a GPL license, and somebody else makes an improved version of it, they can't refuse to make source to the improved version available and can't prohibit those who have received the source or binary of the improved version from giving it away to others.

  237. Re:BSD license was always more permissive, so grea by fnj · · Score: 1

    License violation. AFAIK, FSF's exceptions to misuse are based on license violations, not copyright violations. I could be wrong ...

  238. Re:BSD license was always more permissive, so grea by fnj · · Score: 1

    Hence the reason why many folks see a democratic republic as superior to a pure democracy. Of course, there aren't many pure democracies around in the form of national governments. None that I can think of, in fact.

  239. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    So your rights if you own the code are important too.

    Yes. This includes the right to require that anybody who takes the code you own and improves it make those improvements available, in source form, to anybody who gets the improved version in binary form, and that they allow anybody who gets either the source or binary form from you be allowed to give it to anybody they choose. Yes, that might get in the way of the "anybody who takes the code you own and improves it" making money from those improvements; that's not the problem of the person who put the code under the GPL, it's the problem of the person who wants to make money from code that they didn't write in their entirety.

    Yes I advocate the BSD license.

    If that means "Yes, I prefer using the BSD license in code I write", that's fine. Even if that means "Yes, I think other people should use the BSD license", that's fine, but it imposes no obligation, moral or otherwise, on people to use the BSD license. If they choose to use the GPL for code that would be convenient for a project for which the GPL isn't convenient, that's your problem, not theirs - they're not under any obligation to make things convenient for you.

  240. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    For these people anyway their own stupidity was a real impediment to the acceptance of open source.

    Fixt.

  241. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    GPL is about imposing restrictions ON THE USE OF THE CODE for everyone in the distribution chain.

    And that is false. There is one restriction on distribution, and none on use. You don't use software when you distribute it. Please remember that.

    No, your assertion is what is false. First, the AGPL imposes restrictions on use as well as distribution. (or are you going to claim that the AGPL, which is cited as a major problem in the article, is not part of the GPL license family, as is the LGPL?)

    Second, distribution IS one use of code. In fact it's the primary one for anyone who wants to sell or otherwise distribute a product, either for free, or commercially. So yes, distribution IS a use of software. It doesn't take place in some artificial vacuum (or the natural vacuum between RMS's ears).

  242. Re:BSD license was always more permissive, so grea by master_p · · Score: 1

    But without the dependency, there is no profit.

    Would Microsoft have all the profits they had if Windows was open source? they would not. They would have some profits from selling services, but they would be much smaller than what they are now.

  243. Re:BSD license was always more permissive, so grea by Timothy+Brownawell · · Score: 3, Interesting

    I think the purpose of the GPL is to ensure that those that profit from your work also give back.

    Its purpose is economic warfare against all non-copyleft software, with the ultimate goal of world domination (eliminating non-free software).

  244. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    You and the parent poster are incorrect. For the parent, "open source" doesn't mean "no profit", and your analogy has only a trace of similarity.

    The entire point of the GPL doesn't limit your speech in any way, it limits your ability to suddenly restrict a work marked "free" by this GPL. It ensures freedom. It is something that should naturally be codified in law for information based things instead of the insane system we currently have allowing absolutely every human right to be stripped away if they reduce potential profits.

    The current information economic system and the laws around it are absolutely foul, more people must speak out against it to educate the public at large, and to get these laws changed.

  245. Re:BSD license was always more permissive, so grea by Multiplicity · · Score: 1

    You don't maximize freedom by destroying it. The BSD license destroys no freedoms. The GPL does. It's truly that simple.

    I don't care. Society destroys the freedom too kill each other and I like that. That's my point.

    Blind, demagogic pursue of "true freedom" is pure bullshit, SPECIALLY in the context of a society.

  246. Re:BSD license was always more permissive, so grea by broken_chaos · · Score: 5, Insightful

    It's odd that they consider EULAs to be simple and the GPL to be complicated.

  247. Re:BSD license was always more permissive, so grea by nuonguy · · Score: 1

    Please read the story of Cedega and how they used the wine project.

    To me it looks like projects licensed under the GPL are more free, than those under other licenses, especially the MIT and Apache licenses. It might be fair to say that there is one restriction on vendors of GPL-licensed projects. So, when you have to choose between the GPL and other licenses, maybe prioritising the long term freedom of the project over those of vendors or developers might sway you to go with the GPL.

    NB: I've never read the MIT or Apache licenses. I've (tried to) read the GPL.

  248. It's true! by Anonymous Coward · · Score: 0

    ... I used that open sores Linux once - with it's GPL it was a dose that was hard to get rid of.

    Thankfully there was NetBSD to make it all better.

  249. Re:BSD license was always more permissive, so grea by Dhalka226 · · Score: 1

    I agree completely. I am often baffled by the flamewars that start on Slashdot about what the GPL does or does not mean, does or does not permit, does or does not require in situation A, B, C. A site that is disproportionately in favor of the license can't even agree what it means -- and every single one of the people arguing end their post with "just read the license!"

    How are non-technical folks going to know? Why take that risk?

  250. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    If you're going to pursue that course of action, then don't call it "protecting freedom". That's a simple, bald-faced lie.

    --
    Disinfect the GNU General Public Virus!
  251. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    First, the AGPL imposes restrictions on use as well as distribution. (or are you going to claim that the AGPL, which is cited as a major problem in the article, is not part of the GPL license family, as is the LGPL?)

    Of course I am going to claim it, because it is true. They are similar licenses but not the same. They are designed with different objectives and as such lumping them all together is like complaining all Ford cars are gas guzzlers just because Ford SUVs may be.

    Second, distribution IS one use of code. In fact it's the primary one for anyone who wants to sell or otherwise distribute a product,

    No it isn't. The fact is the distributor isn't using the software: that's why commercial software licenses apply to you, the last step in the chain and _not_ to everybody else in between who didn't even open the package. Talking about a distributor using software he may not even get ahold of is like stating eBay used a scanner I just bought from someone else. They didn't, they just put the vendor and me in contact and got some money for doing so.

  252. Freedom of people vs. freedom of software by Anonymous Coward · · Score: 1

    Basically:

    GPL ensures that every single copy of the SOFTWARE remains free, even if it means putting restrictions on what PEOPLE can do with it.

    BSD/Apache/etc ensures that PEOPLE remain free to do whatever they want, even if it means that some copies of the SOFTWARE become non-free.

    It's no surprise that the second approach is winning out. It's actually PEOPLE who want the freedom, and that's the freedom that BSD/Apache/etc focuses on.

  253. Re:BSD license was always more permissive, so grea by Multiplicity · · Score: 1

    If you're going to pursue that course of action, then don't call it "protecting freedom". That's a simple, bald-faced lie.

    After my 10th birthday I learned that the world isn't black-and-white, so of course I will call it "protecting freedom", as the GPL *does* protect freedoms.

    What is a simple, bald-faced lie (and I'll repeat: "specially in the context of a society") is to correlate protection of freedoms to "allow everything". It's just not how societies work, they're all based on the premises of restrictions.

  254. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    Did you seriously just imply the only time the GPL would cause problems for companies is in acts of evil?

    Wow.

    No, I did not imply it, I stated it clearly.

    --
    Have you got your LWN subscription yet?
  255. Re:BSD license was always more permissive, so grea by toriver · · Score: 3, Insightful

    they will have to continually patch their modifications back against the GPL source tree.

    The same situation as in the common case when they do release their patches, but King Chief Committer does not consider your puny code worthy of notice and refuses to merge in your filthy changes in the pristine head branch, which is only for King Chief Committer and his inner cicrle of nerds.

  256. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    You're blatantly misinterpreting what he said. The problem isn't that they profit from it -- and there is nothing in the GPL that prohibits profit. The problem is that they "take your work, profit from it, and give nothing back."

    I'm sure anyone who has been paying attention has already heard this, but this is the obvious problem with BSD license: You spend a million hours creating a great program, call it Foo, and you release it under the BSD license. Someone like Microsoft comes along, takes Foo, improves it a little bit, calls it FooBar and distributes it as a binary without publishing any of the code. If the improvements are good, they can't be brought back into the main tree because the original developers don't have the source. But now FooBar, being an improved version of Foo, will take all of the Foo user base -- it has every good feature of Foo and a few more. The original developers get no bug reports. There are no longer any developer-users who can think of a great new improvement and submit a patch, because everybody is now using FooBar and nobody has the source to that. It withers as an open source project -- you might as well just assign the copyright to Microsoft for free.

    Even where the original community is strong enough that it doesn't completely destroy them, it still gives them a bloody nose. You look at something like Kerberos. Who uses Kerberos? Hardly anybody. Who uses Active Directory, which Microsoft created by integrating Kerberos and LDAP with Windows and making it proprietary? Almost everybody. Which means Kerberos is finished. Everybody is already using AD, so there is no reason to adopt Kerberos, which means no community. And if you don't think so, by all means explain why Linux has a much larger community than BSD.

    About the only time that a corporation adopting code licensed under the BSD license doesn't kick the crap out of the community that originally developed it is where the company that adopts it submits their changes back to the original developers -- but if they intend to do that then the developers might as well have used GPLv2.

    The original developers of Foo are probably more than capable of creating their own code that implements the same features as the company's proprietary code, are they not? Lest one forget, "Unix SystemV" was proprietary code which was 'recreated' by Linus to create Linux, containing most of the features of SysV.

    And last I knew, Samba relies on Kerberos for its AD authentication, so saying "there's no reason to adopt Kerberos" is rather untrue. The only way that MS has "kicked the crap" out of anything open source is, quite simply, the PATENT system - which might prevent someone from re-implementing their own version of the same thing (without getting sued).

  257. Re:BSD license was always more permissive, so grea by toriver · · Score: 1

    Stop using Linux (your Red Hat reference) as an example: Linux uses a modified GPL that allows linking with non-GPL stuff.

    The more and more people will want to use third-party distributors (like app stores) for their binaries, the less and less the GPL will allow that unless the store also distributes the source.

  258. When GPL went to the real world by dr-alves · · Score: 1

    GPL was all about freedom but it turns out software is a for profit business.

    GPL was created because someone assumed that if someone creates open-source code, they do it altruistically to share their ideas with the world, and wouldn't want anyone else to profit without giving back.

    Both counts are wrong, there are lots more reasons, even profit oriented reasons, to open-source code, like get help with maintenance or increase client base, and turns out that most those reasons already take into account that someone might use without giving back.

    Simple example I create a framework to sell tomatoes online, and I sell consulting services on that framework to third parties. I wouldn't want anyone not to use my framework because it forces them to open-source ALL code that interacts with the said framework.

  259. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    The thing is, even typical proprietary software licences are better than the GPL family in some respects. You're not going to accidentally give away your code because you linked to a runtime library that came with Visual Studio, or because you wrote a Photoshop plug-in or Word macro. Call a function in a library that is GPL'd and find that someone disagreed with your assessment of how strong the linkage was (or, God forbid, call a function that ever came within 100 miles of a computer once owned by someone who read the Affero GPL in a past life) and you can find your business giving away rights it didn't intend to, named and shamed on someone's web page, or even literally in court. When that's the kind of culture that is following the FSF around, it is hardly surprising that a lot of reputable companies with cautious legal departments won't touch anything GPL-infected with a barge pole.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  260. Re:Don't be stupid by toriver · · Score: 1

    Why do you lie? A simple search would have shown you that the source is available.

    Or are you one of the zealots that think that just because e.g. GCC devs refused to commit Apple's patches into their precious baby, that Apple did not make those patches?

  261. Re:BSD license was always more permissive, so grea by defcon-11 · · Score: 1

    The reason that GPL is dying is because the situation is exactly the opposite of what you think. I've worked on several open source (non-GPLed) software projects, including one I started myself. I started working on open source software with goals of creating or enhancing tools required for other projects I was working on at the time. The software I worked on ultimately made those projects more successful, and I have since made a lot of money consulting for other companies that are using the open source software I helped create. The reason GPL is dying is because developers don't want to spend time working on software that they can't use for their own business, or profit from consulting work because the license is too restrictive.

  262. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I can profit while using GPL code. I simply can't take and not give back.

    That's just nonsense.

    My employer profits nicely from avoiding license fees by running our embedded applications on a GNU/Linux based system-on-a-chip.

    All of our proprietary content is locked away in our application programs, which we refuse to publish.

    We take and take and take, and we don't give anything back. And it's all perfectly acceptable. There's no restriction against running proprietary applications on a GPL OS.

  263. Strings attached by nurb432 · · Score: 0

    GPL has far too many strings attached for a lot of people. While it may be nice and fluffy in the Utopian world that RMS hangs out, in the real world where the rest of us live, it doesn't work so well.

    --
    ---- Booth was a patriot ----
  264. Re:BSD license was always more permissive, so grea by toriver · · Score: 1

    Why? GPL does not cover neither running the software nor the output of the software. If the hosting provider could get the source if they so desired, the GPL app is fine and dandy running there.

  265. Re:BSD license was always more permissive, so grea by chrb · · Score: 1

    All of the appliance source is available at GSA mirror, including the kernel source. I would presume that the appliance doesn't run exactly the same kernel as the Google internal cluster.

  266. Re:BSD license was always more permissive, so grea by toriver · · Score: 1

    and somebody else distributes an improved version of it

    FTFY.

  267. Re:BSD license was always more permissive, so grea by makomk · · Score: 1

    From what I recall, the same thing happened with the Macsyma symbolic algebra package, and in fact that was probably part of the inspiration for creating the GPL in the first place.

  268. Trading commented disassemblies by tepples · · Score: 1

    I never understood what the end of copyright would bring as a benefit. It's not like people would be magically forced to release all source code.

    If computer programs were ineligible for copyright, it would be perfectly lawful to disassemble, analyze, heavily comment, and disseminate software. Sort of like SMBDis except legit.

    1. Re:Trading commented disassemblies by heinousjay · · Score: 0

      Nothing but a law that people pay little attention to stops that from happening now, but it's hard work. People aren't big on hard work for little benefit. Which reiterates my second point.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    2. Re:Trading commented disassemblies by tepples · · Score: 1

      People aren't big on hard work for little benefit.

      That's what detractors said before the GNU project started, and now they have an operating system.

  269. Re:BSD license was always more permissive, so grea by makomk · · Score: 1

    Have you had any security vulnerabilities in Net-SNMP? What proportion of vendor hardware and software shipping with it in actually received patches for them and how easy was it for users of the rest of the hardware to build their own patched version, while being sure that it wouldn't unexpectedly remove vendor-specific features? That's one of the things the GPL is designed to prevent.

  270. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    And that is exactly what freedom of speech is.
    Do you think free speech is without restriction?
    Name one country that pemits that.

  271. Re:BSD license was always more permissive, so grea by toriver · · Score: 1

    Linux kernel is under a modified GPL (so fails as an example of the FSF-GPL), and constitutes a relatively tiny (and replaceable) part of Android.

  272. Re:BSD license was always more permissive, so grea by Culture20 · · Score: 1

    Stop using Linux (your Red Hat reference) as an example: Linux uses a modified GPL that allows linking with non-GPL stuff. The more and more people will want to use third-party distributors (like app stores) for their binaries, the less and less the GPL will allow that unless the store also distributes the source.

    You do know that Red Hat distributes more tha the Linux kernel, and that a ton of their GNU apps are GPLv3? They're making a profit with G

  273. Re:BSD license was always more permissive, so grea by Culture20 · · Score: 1

    Stop using Linux (your Red Hat reference) as an example: Linux uses a modified GPL that allows linking with non-GPL stuff. The more and more people will want to use third-party distributors (like app stores) for their binaries, the less and less the GPL will allow that unless the store also distributes the source.

    You do know that Red Hat distributes more tha the Linux kernel, and that a ton of their GNU apps are GPLv3? They're making a profit with GPLv3.

  274. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The ONLY reason that to most companies GPL == Toxic is from IP attornies that haven't the foggiest about what the license REALLY entails. I've heard entirely too many outright lies told by attornies in this space. What's sad is it's simple, really.

    What the GPL requires is, simply put, a royalty payment made for the rights to publish or produce derivative works yourself of the protected and licensed work. It only taints stuff when you don't pay attention to the use of the code and abide by the licensing terms (Simply put, the companies that run afoul of this would be getting sued by their suppliers in most cases...). It only becomes a problem when you don't want to abide by the licensing terms in the first place.

    The attornies that lead you to believe there's "problems" are probably good litigators, but in the end, you HONESTLY don't want them because they will get you into other trouble where you'll need to be litgating things (which is precisely what in the hell a business DOESN'T want...) down the line.

  275. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The analogy you are looking for is: 'As the damn dirty used car dealership guy, while you'd like to force your customer to get all service done at your dealership, the GPL requires yout to explain to them that their car uses industry standard parts, provides the schematics to you to design your own, and tells you that the same rules must be applied to anyone you provide a copy of the car to should you decide to become a damn dirty used car salesman yourself.'

    I think that about summarizes the GPL for you.

    The LGPL would be the equivalent of saying 'You must provide schematics of all changes you make to the car, but so long as you don't weld any new parts to it, but instead make them bolt-on, you may keep the design of such parts proprietary.'

    - vranash

  276. GPL is fine for honest businesses by jbn-o · · Score: 1

    GCC consultants charge hundreds per hour for their work. Their "recipe" is skilled programmers doing hard work for paying clients.

    It sounds like the answer to your question is to either write all of your own code or build on some non-copylefted FLOSS licensed code. There are people out there willing to treat your business like a charity and give code to you, but GPL hackers aren't. Maybe you should choose another line of work entirely.

  277. Good by Fred+Ferrigno · · Score: 1

    If companies can't or won't uphold the freedoms the GPL was designed to protect, then they shouldn't be using GPL-licensed code.

    1. Re:Good by jellomizer · · Score: 0

      That is why GPL is declining. The point of TFA is the decline in open source. The GPL is too strict, so people don't use it so it is declining.
      Back in the 90s and early 2000's GPL was growing and there were a lot of big names giving it credit and using it. A good set of major GPL projects came out.

      Then the dredded TiVo came out. Actually a lot of people and hackers liked it, but it found a loophole in the GPL. So GPL 3 came to fix that. The part that was worse was they made they closed the loophole on consumer apps but not on enterprise apps. (so IBM can still give their software upgrades to improve their mainframes) that put a bad taiste in my mouth and smelt like corruption. And now when I am at work I make sure none of our software uses GPL in the case we want to do something with it later on.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  278. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    In my experience, it's a little bit more complex than that. To most companies, the GPL is complicated. They can almost certainly use GPL'd code without violating the license, but their lawyers aren't 100% certain. Their lawyers are certain that they can use BSD licensed code without violating the license. Their lawyers are also certain that they can use proprietary code without violating the license, because they get a license that explicitly permits them to do what they want.

    Heh... And they'll almost always "oops" on that proprietary licensed stuff. The only thing that'd be safe for them to use is to not use anything- because I've seen places like that screw up on even BSD licensed stuff. If their lawyers aren't 100% certain about compliance, they're not terribly good lawyers.

  279. Re:BSD license was always more permissive, so grea by Svartalf · · Score: 1

    Heh... It's because it's familiar to them. The GPL is counterintuitive for most IP attornies. They're used to all sorts of usage restrictions, distribution restrictions, etc. for stuff that gets licensed to them- and along with that comes a dollar figure associated with it that's called royalties. Many of them can't wrap their heads around a non-cash royalty payment that requires the IP you derived the work from or simply redistributed, to be provided like the GPL requires. It's telling about the quality of your lawyer when they can't get a concept in their heads.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  280. Re:BSD license was always more permissive, so grea by cavreader · · Score: 1

    How much code does it take to pay your mortgage?

  281. Re:BSD license was always more permissive, so grea by marcello_dl · · Score: 1

    except that the gpl doesn't prevent you from profiting. it prevents you from restraining others from getting the stuff freely, as you did.

    "Freely you have received; freely give" (not that the atheist Stallman will necessarily agree with this synthesis :) )

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  282. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    The original developers of Foo are probably more than capable of creating their own code that implements the same features as the company's proprietary code, are they not? Lest one forget, "Unix SystemV" was proprietary code which was 'recreated' by Linus to create Linux, containing most of the features of SysV.

    Oh sure, they can waste several years worth of resources on duplicating the same functionality. I mean look at Samba: Active Directory came out with Windows 2000 in 1999. It's 2011 and Samba 4 (which implements AD) is only now at the release candidate stage. Not only that, it allows the proprietary company to dictate the direction of the software: All that effort spent writing Samba 4 to be compatible with Microsoft could have been spent on actual improvements instead of just duplication. So by the time Samba catches up to where Microsoft was, Microsoft is already somewhere new. Because that's what the BSD license does: It gives closed source the advantage, because it allows them to take all of the good from the open source community without allowing the open source community to take anything from them, which means that the open source community will always be playing catch up. Unless they use a license that doesn't allow that, which allows them to build an advantage and keep it, because they can be the ones who set the standard and make others either join the club or be the ones playing catch up themselves.

    The only way that MS has "kicked the crap" out of anything open source is, quite simply, the PATENT system - which might prevent someone from re-implementing their own version of the same thing (without getting sued).

    You'll not get any argument from me there, but that's a whole different problem. One thing at a time.

  283. Re:BSD license was always more permissive, so grea by garaged · · Score: 1

    well, that stupid is the "piracy" meaning in these days

    --
    I'm positive, don't belive me look at my karma
  284. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    Even if so - and I'd argue that - there's simply no rational basis on which to claim that the GPL is more free than the BSD license. Thus, you're destroying freedom to protect it. Tell me, is all that sex promoting virginity? The original story says that just the opposite is happening: people are, instead, actually protecting virginity.

    --
    Disinfect the GNU General Public Virus!
  285. Re:Don't be stupid by Anonymous Coward · · Score: 0

    Did you actually check the link?

    Using lies to 'win' your argument shows what a desperate GPL shill you are!

  286. Re:BSD license was always more permissive, so grea by garaged · · Score: 1

    the source would still be accessible, that is the requirement of GPL, try again :P

    for geeks, us around here are kind of not-so-analytic, isn't it ?

    snip: that you receive source code or can get it if you want it,

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  287. Re:BSD license was always more permissive, so grea by flimflammer · · Score: 1

    Then you are too far gone, my friend.

  288. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    You're not going to accidentally give away your code

    I don't think that's how the GPL works though. I mean you never actually signed anything. If the FSF comes around and says you're violating the license so release the code, you could just release the code and make it go away. Or you could claim you never agreed to the license, and then their response would be that the license is the only thing giving you a right to distribute so if you don't agree then you're infringing copyright... which is the same boat you're in when you violate a proprietary software license.

    It seems like all the GPL does is give you the extra out: If you decide the code is worth less than the damages for copyright infringement then you can release the code. But I don't see how they could force you to do that if you just repudiate the license and admit to copyright infringement. Granted I'm not a lawyer, but is that not how you see it?

  289. Redhat business model by mevets · · Score: 1

    Reminds me of an old joke...

    A guy describes the problem his car is having to a mechanic. The mechanic quotes $3000. The guy balks at the price, and the mechanic confesses it is only a $50 part if he wanted to try the repair himself.
    The guy orders the part, thanks the mechanic, then asks if it isn't bad for business to give out that advice.
    The mechanic smugly replies "we find we make more money if you try and fix it first".

  290. Re:Don't be stupid by BitZtream · · Score: 0

    Short of the kernel ... which they stopped releasing the source too since it kept being used to easily work around the OSX license restriction, they release the source mods to pretty much everything they use. Certainly all of their gpl stuff and various other licenses as well.

    http://www.apple.com/opensource/

    Who doesn't know this?

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  291. Re:BSD license was always more permissive, so grea by marcello_dl · · Score: 2

    No, that's RMS goal. I personally like the gpl and have nothing against proprietary software, if it delivers enough value, it will always be there. Integration, vertical markets, efficient algorithms, and so on.

    Proprietary stuff must have alternatives or we get back to the best win/office days. Bloated stuff, incompatibilities, forced obsolescence... that's what free software saved you from, even if you don't use it.

    --
    ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  292. Re:BSD license was always more permissive, so grea by Multiplicity · · Score: 1

    The GPL doesn't "destroy freedom" in order to protect anything, it just protects some freedoms and forbids some other freedoms. I would never claim that is more free than the BSD license, but I *will* claim that it does a better job at protecting those four freedoms than the BSD license.

    Like I said, I could care less if the BSD license is "more free" than the GPL. I don't care about "license freedom championships", I want my ability to use, see, modify and share the code legally protected, and the GPL is the better tool to enforce that.

    Furthermore there isn't anything inherently wrong about either license. Both pursue different aims that's all. Which is "freer" is a purely demagical standpoint.

  293. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    I'm not a lawyer either, but I have spent a fair bit of time working with lawyers on related matters, from which I've reached the following conclusions.

    My take is that it's not the specifics of the GPL that usually cause the problems, but the ambiguities. With a proprietary library, once you've paid your cash for redistribution rights, it's reasonably clear that you're OK. With the GPL, you might think you are doing something acceptable, but unless you've got someone who understands all of the law, the GPL, and the technical details of your project -- and the world doesn't have many such people to go around -- you're never quite sure.

    If you build a project that uses a GPL'd library for some significant function and then someone does come after you later, then yes, there are probably going to be options other than giving away the farm, but they are going to be seriously expensive one way or another, through disruption if not through direct costs. From a management point of view, it may well be better to pay cold, hard cash for a "real" product that controls the risk, rather than betting on a "free" product with an unquantified risk attached.

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  294. Re:Don't be stupid by Anonymous Coward · · Score: 0

    Barbara, you are obviously dealing with a GPL fanboy with his head in the sand who would rather lie to 'win' than base his arguments on fact.

    The sad thing is, he may even believe he's living in this alternate universe.

  295. Re:BSD license was always more permissive, so grea by colinrichardday · · Score: 1

    There is nothing more annoying then say a company that makes an OS which uses an MIT licensed graphics library or a BSD licensed network stack but at the same time fights aggressively against free and open source software.

    Apple?

  296. Re:BSD license was always more permissive, so grea by Billly+Gates · · Score: 1

    Lets take your argument to the next level then?

    Do you use Visual Studio at work? Hell, did you use any include statement for any program you wrote while you were in school?

    Therefore MS owns all your code right? Or Oracle if it was a Java class? Under your own definition a simple link means that entity or person owns the code. Where does it end?

    If I write something awesome for a specialized task with R&D then I should keep it and profit from it. Even if the toolkit was open source initially.At that point people would be writing their own operating systems, apis, and so on if they wanted to own all the code.

    GPL is wrong with linking. Yes, people hate hearing viral linking but it is a real problem in business. I see you went to MIT so I wont waste your time with these arguments but R&D and development is not free and yes anything with memory in it counts as a redistribution if I sell it.

  297. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1
    The article mentioned ALL the GPL licenses, and specifically cited the AGPL and the acrimonious discussions leading up to it as the likely cause of the fall of ALL the GPL licenses. You really can't cherry-pick in this discussion ... but if you can, so can I. I'll then just pick the AGPL branch exclusively. After all, if you can cherry-pick to make your argument, how would it be wrong for me to?

    Distribution is most certainly involved in using the software - if you didn't receive it, how can you use it? So, restrictions on distribution most certainly affect use. I'm going to give you a -1 logic fail on that one, just 'cuz :-) but don't take it seriously - after all, the GPL is really an evolutionary dead end, and like the dinosaurs, it might still be interesting, but there's not much practical benefit from using it.

  298. You are confused. So is everyone else. by Anonymous Coward · · Score: 0

    The Google code to which you refer is the base that they use to run their servers. They are not required to redistribute code when they are not distributing the OS. When a proprietary driver is made to work with Linux, there is also no requirement to redistribute.

    Lets look at this as a two party agreement. Under the GPL, the only time that you have to make source available is when you redistribute code that I wrote - even if you modify it. It is my right to declare the terms under which you can / must redistribute it as I am the author and hold the copyright to my work. If I choose to use BSD, chickendance (http://supertunaman.com/cdl/cdl_v0-1.txt), proprietary, or even dual licenses, it is my right. If you do not agree to my terms, whatever they may be, don't use my code.

    Starting with the description of Open Source as "Cancer" by Microsoft, the GPL often gets a bum rap from those who have never actually read the terms. This is FUD, as is the article. The number of projects and their licensing is irrelevant because it does not take into account the popularity of the projects or the fact that the competing licenses are also Open Source.

    The bottom line is that the GPL has had a profound effect on the way many corporations and individuals license software. In the end the beneficiary has been the consumer.

  299. Re:BSD license was always more permissive, so grea by Billly+Gates · · Score: 1

    You can think these things are just wants and live at home as an adult all you want. People everywhere are expected and looked down upon as irresponsible if they do not have these things and it is our job in life to earn them and keep them.

    IN terms of GPL and competitors that is fine and dandy if you own an ISP or something, but for a real world task of making industrialized equipment as an example, I can't give that away. If I spent 2,000,000 developing the secret algorithms for something competitors do not have I then charge more for customers willing to use my product. A competitor will simply steal my code and then undersell me as he never had to fund the development. Now my product is no different than anyone elses but costs more.

    I am discussing APIs here and not making modified versions of apps. That is the issue. This is problematic as MS would own 100% of all the code you ever wrote because you linked to Windows DLLS etc. That is what the GPL says and why it is BS. That is why GPL is bad and copyleft or LGPL is more appropriate for developers. If someone wants to rip off your editor app then I would be inclined to agree.

  300. Re:BSD license was always more permissive, so grea by kuactet · · Score: 1

    If you use the GPL you don't want to share code. You want software freedom. That's kind of the point.

  301. Re:BSD license was always more permissive, so grea by Nazlfrag · · Score: 1

    Sure. It's like the grown-ups drive around in real cars while out in the garage the kids argue over who made what on their go-kart whose design they copied from the kid up the street.

  302. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Your model assumes companies don't improve the open source code they use, and/or that all open source software is reusable components (libraries). Here's my take, as a GPL author: I'm happy for anyone to make a profit off of my software package. It's not a library, so that generally means someone's going to run my code as a daemon: on their own servers as part of a money-making venture, on servers leased to others for the same, or perhaps even selling services provided by my daemon for a monthly fee. Whatever the case, they're free to do all of those things with my GPL-sourced daemon.

    However, if they make substantial *improvements* on top of my code, I don't want them then keeping those improvements to themselves at a competitive advantage over the open source version or over other competitors. What I'm saying by licensing my daemon under the GPL is, in effect: here, take all this hard work I did and use it for your profit if you wish, but my terms are that if you come up with some interesting way to improve my code, you give the improvements back to the community you got the original from.

  303. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    selflessness?

  304. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    It seems his system is working for him, but even if it couldn't achieve what you request, so what? That's a vendor issue and is up to the hardware vendor to sort out. Shop around for a new vendor if you don't like the one you have. Does it bother you that this free market system works fine? RMS is just a pathetic excuse for a hacker who couldn't even disassemble and fix a shitty little printer driver and came up with some stupidly overbearing commie bullshit, called it freedom and idiots like you just ate it up like toe cheese.

  305. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    This is exactly my experience. I currently work for a company that refuses to allow us to use anything GPL. However, they perceive contributing to BSD projects and the like to be positive for the company image among other benefits.

  306. Brian Proffitt again? by Alex+Belits · · Score: 3, Informative

    Blogger Brian Proffitt

    A person well known for anti-open-source propaganda and nothing else.

    --
    Contrary to the popular belief, there indeed is no God.
  307. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    My take is that it's not the specifics of the GPL that usually cause the problems, but the ambiguities. With a proprietary library, once you've paid your cash for redistribution rights, it's reasonably clear that you're OK.

    I guess that's what I'm disputing. Proprietary licenses are ambiguous too. It's pretty close to impossible to write something that isn't open to interpretation whatsoever. And if the consequences for an ambiguity going the wrong way are the same in either case (i.e. you're on the hook for copyright infringement) then I'm not sure what can justify the discrimination.

    I think there is another point here though: It's probably true that if you're A) planning on distributing the thing you're using GPL code in, and B) not planning to publish your own code under the GPL, you'd probably be best off to check with the lawyers before you do it. But that is far from the only scenario under which a company might use GPL code. They could just use it as an end user without modifying it, or modify it for internal use without redistributing it, or redistribute it but under the GPL.

    Even if they are considering distributing their code alongside some GPL code but not under the GPL, they're probably doing some of these other things as well. Which is why I think a blanket ban is silly. Certainly it's no less silly than a blanket ban on proprietary software because proprietary software licenses are ambiguous too.

  308. Re:BSD license was always more permissive, so grea by hardaker · · Score: 1

    We've had very few vulnerabilities in general, but it is not our responsibility to fix vendor's products. We announce a fix, be it generic bug or security related, and off it goes. When your code is distributed very and very wide, it's a challenging task no matter what the license is. In fact, the last critical flaw that was found a few years ago had a CERT disclosure that was leaked far in advance of the CERT defined time-line. When you notify half the world through CERT, there isn't a huge amount of chance of keeping things quiet (and if we ever have another issue, I'm no longer sure CERT is the right process to take it through).

    It is not necessarily easier to ensure every linux distributor has a devoted package manager that will notice the change either. Simply put, it doesn't matter who needs to know about an issue: there are far far too many to manually track (CERT proved this last time). If downstreams can't subscribe to a low volume -announce list and push out fixes rapidly, then that branch of the world is in a serious bit of hurt.

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  309. Re:Don't be stupid by abigor · · Score: 1

    http://opensource.apple.com/

    OS X is not based upon FreeBSD, by the way, though it does use some code from it.

    By the way, tell me about "the community". What makes you a part of it?

  310. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    This is what I hate. The point of these licenses is not to help prop up businesses that don't care to or can't compete in the software world. The point of the GPL is to produce software for everyone, not just businesses. What you are saying is essentially, "businesses can't steal the code [someone elses labor] and then sell it for a profit, yippeee!!". I completely fail to understand the "businesses can't profit from it so it's bad" way of thinking. I mean, honestly, is the whole reason you program for free, releasing the code for free, just so some company can sell it back to you? Am I missing something? The whole reason the BSD and MIT licenses exist is so on the off chance someone actually wants whatever crap a student produces, the University can sell it and turn a profit, it has absolutely nothing to do with free software.

  311. Re:BSD license was always more permissive, so grea by Kjella · · Score: 1

    Sigh, by the same absurd standard I'm sure I'd have no problem finding plenty BSD projects that don't make money either. In fact, I doubt I'd have much problem showing that very few commercial companies actually managed to make money on their code. What does that prove? Mostly that 90%+ of all ideas to make money is crap. I'd make a whole lot more sense to concentrate on those that do than those that don't....

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  312. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    The app store doesn't have to distribute the source if they link to it. So just include a link in the binary. If not then the source is a data package which is a "free app".

  313. Re:BSD license was always more permissive, so grea by jedidiah · · Score: 1

    > but it uses GPL apis

    Except no such thing really exists.

    Shared libraries are all licensed under the LGPL so only the library itself must remain libre. You can build whatever you want on top. That's how companies like Oracle sell very expensive GNU based software.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  314. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    And countless times BSD advocates fail to address the "in practice the original code doesn't matter" argument. The classic example is X-Windows where the same source was available and that did lots of good for OS companies but no good for Unix end users that had no way to modify the X-Windows they actually were using and actually cared about.

    BSD licenses have a long history of giving people access to source that does them no good since crucial components are missing.

  315. Re:BSD license was always more permissive, so grea by Stone+Rhino · · Score: 1

    There are actually some copyleft licenses intended to address exactly this situation. The Affero GPL is one. It adds a provision that "requires that the complete source code be made available to any network user of the AGPL-licensed work, typically a Web application."

    http://en.wikipedia.org/wiki/Affero_General_Public_License

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    Remember, there were no nuclear weapons before women were allowed to vote.
  316. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    and somebody else distributes an improved version of it

    FTFY.

    Yes - to clarify, you can improve GPLed software and use it only by yourself and not have to make it available to anybody, and you can improve GPLed software and use it only within your organization and not have to make it available your organization. Thanks.

  317. Re:BSD license was always more permissive, so grea by jbolden · · Score: 2

    Since when does Apple fight aggressively against Open Source? They have spent billions writing open source applications and distributing them. They run one of the largest open source repositories (MacPorts)...

  318. Re:BSD license was always more permissive, so grea by jedidiah · · Score: 1

    > however FSF has defined the mere process of linking to the code

    This is largely irrelevant and is only mentioned when someone doesn't really have anything meaningful to add to the discussion. Libraries are licensed under the lesser GPL to specifically avoid this problem and always have been.

    While RMS may be an intolerable zealot, most of the downstream users are not.

    They simply don't want to be free labor for corporations.

    That's why the GPL was created BTW. It's not not some subversive attempt by RMS. It was a response to the "BSDL problem" of someone taking the source and making a closed commercial product out of it.

    The GPL exists to satisfy developers.

    Not everyone likes the idea of being a free labor pool for Apple without any recourse.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  319. Must inerject.MS PC's are infact NTCMD/Explore. by Anonymous Coward · · Score: 0

    a newer DOS shell CMD plus Windows gui, or CMD/Windows as I have taken to calling it. CMD is the actual DOS shell that brings the underlying GUI into foreplay with the existing environment and the muscle of this molusks holds fast to a GUI shell called Explore.exe and this makes it a verry tight setup of which not many vendors can come between them.

    Except then there is of'course a GNU muscle cumming into play known as Cygwin and thus I must interjeculate again that the bivalve portion of export is the GCC-compiled dynamic binaries of which is the result of consuming turbid code into a GPL-compliant assembly that just cleans-up the environment. Only problem is the big-fish can't spawn because their eggs and plankton and algae get consumed quicker than they can mature. This is in-contrast much more treacherous than encountering a predator in deep-water environments where there is no sea floor and structure but mere MS Flotsam that doesn't assure the schooled prey cover from the approaching Caldera.

  320. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    People using your code and improving it without giving anything back? Because that is what Google is doing.

    Google is a massive contributor to the open source ecosystem. They contribute an insane amount of source code back to pretty much all the opensource projects they use, regardless of the license the project is distributed under.

    Aside from google code (still the most popular opensource hosting site), V8 and Chromium, Google has 1295 individual projects they've opensourced. They also make heaps of patches to popular projects they use, including the linux kernel, python, eclipse, .... etc.

    Saying that Google uses opensource software without giving back to the community is just plain wrong.

  321. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    your example is wrong.

    you would have to provide any improvement to the library you are using, but not code for other parts of the project.

  322. Re:Don't be stupid by jo_ham · · Score: 1

    Just look at Apple - the company with the most worth in the whole world - selling software that was built upon FreeBSD.

    And not contributing anything back to the community. Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost. On the other hand, when a big GPL vendor falls or discontinues a product, anybody can come in and keep it alive from the last public release.

    WOW.

    I knew slashdot had blinkers on, but I'm not sure how you can say "Apple does not contribute anything back to the [open source] community" with a straight face.

    You may not like them, they may have some silly legal decisions, and a mobile OS that is competing with Android, but my goodness, you need to look up some actual facts.

  323. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    This is an absurd notion. One line of GPL code does not make 100,000 lines a derivative any more than my adding a line to a wikipedia article makes those older lines a derivative of my insightful one liner.

    The FSF doesn't get to define the notion of derivative work, that comes from US copyright law. And while 1 line doesn't do anything... a small block of say a dozen lines does in fact make 100,000 lines that contain them a derivative work. That is why a 150 minute movie that uses an actors image for 3 seconds needs to license it.

  324. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Of course it destroys freedom. The BSD license has a long history of destroying freedom for end users to be able to modify the code they actually care about and not some upstream reference implementation that is of no value to them.

  325. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Absolutely the GPL is a very strict software license. Commercial licenses tend to be very liberal, about link terms. Commercial licenses are strict about terms of payment but other than that impose few restrictions. If you are want to be very casual about your linking processes and very cautious in your internal licensing processes commercial is the way to go. If you want to be cautious about your linking and casual about your internal licensing then the GPL is fine.

  326. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    The statutory minimum is $750 per copy! If the court finds it to be intentional they can fine as high as $150k per incident (that is per copy). So a closed source program that violates a GPL and sells a million copies is could be looking at a 3/4 billion in damages easily.

    There haven't been that many GPL cases that went the distance, but most companies that have been found to violate the GPL have gone broke. In other cases with violations courts have:

    a) Impounded the offending code and transfered the ownership
    b) Transfered all assets of a company
    c) Criminal penalties (section 2319 of title 18)
    d) Destruction of all copies
    e) Forfeiture of all outstanding fees

    etc...

    This is not like they get to say "whoops" and walk away. The FSF has been extremely kind in dealing with violators. MySQL showed what the GPL could do in the hands of a rights holder that wanted blood.

  327. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Because there is lots and lots and lots of case law on the kinds of restrictions in EULAs. And a moderately sized check solves the problem.

    In the case of the GPL they are looking at clauses with little case law, that could theoretically be interpreted very very broadly. They are also going to be dealing with organizations that aren't necessarily interested in money and might be much more concerned to make a point.

  328. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The freedom the GPL guarantees is the customer's freedom. It means if you use something you also get to see what it is and to be able to modify it.

    As I understand it, it is more about the freedom of the software itself. No matter how often the software is forked or modified, no version of it will ever be closed to is users, and its users will always have the freedoms you mentioned.

  329. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    It will get worked through via. case law. The situation is much better than it was 10 years ago.

  330. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    The statutory minimum is $750 per copy! If the court finds it to be intentional they can fine as high as $150k per incident (that is per copy). So a closed source program that violates a GPL and sells a million copies is could be looking at a 3/4 billion in damages easily.

    I think if you check you'll find that it's per work, not per copy.

  331. Re:BSD license was always more permissive, so grea by firewood · · Score: 1

    I don't see why anyone would not want to use the GPL if they want their software to be free and open. Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Why require something back only from those who improve your software with bug fixes and additions, and not from all other users and distributors? Sounds more like an unfair disincentive for creating better software to me.

  332. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Why would that be a problem? You can link anything you are licensed to anything else. You can't redistribute the entire work whether the linked code was PD, GPL or BSD because you can't redistribute the commercial code.

  333. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    The copyright owner can relicense code however they choose. The license makes no difference at all to the owner.

  334. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    The mass use of open source as a coinciding with the adoption of the GPL/LGPL model by most free software developers.

  335. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Of course there are reasons they couldn't have used BSD. There are no BSD kernels with both the same breadth of experience on the embedded space as Linux, and in addition a healthy user space.

  336. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    Lets take your argument to the next level then?

    Let's not, unless the developers of the GPLed software you're complaining about do so as well; otherwise, you're just constructing a strawman.

    Do you use Visual Studio at work? Hell, did you use any include statement for any program you wrote while you were in school?

    Therefore MS owns all your code right?

    Wrong. If, however, you include any of the "Distributable Code" in your code when you distribute it, then you must do a number of things, including "for any Distributable Code having a filename extension of .lib, distribut[ing] only the results of running such Distributable Code through a linker with your program", "distribut[ing] Distributable Code included in a setup program only as part of that setup program without modification", and not "modify[ing] or distribut[ing] the source code of any Distributable Code so that any part of it becomes subject to an Excluded License" (where "Excluded License" includes, and is probably targeted at, licenses such as the GPL).

    Similarly, if you use GCC at work, the FSF doesn't ipso facto own your code. If, however, you use GPLed "distributable code" as a part of your software, they impose constraints on its redistribution.

    Microsoft's terms might be less problematic for some developers than the GPL's terms, but nobody who develops software is under any moral or legal obligation to avoid the GPL's terms - don't like those terms, don't use their code. Now, you might have to pay somebody if you're buying non-GPLed code from them to use in your product (e.g., getting a "developer license" from Essential Objects for their .NET widgets, so that you can redistribute those widgets in your application), or you might have to pay somebody to write non-GPLed code, or you might have to spend time and energy writing it yourself, or you might have to spend time and energy searching for non-GPLed free-as-in-beer-at-least code, but, well, that's life.

    Under your own definition a simple link means that entity or person owns the code.

    No. Under the GPL, a simple link means that the entity or person who owns the code with which you're linking gets to impose certain requirements on the redistribution of your code.

    If I write something awesome for a specialized task with R&D then I should keep it and profit from it. Even if the toolkit was open source initially.

    No, you shouldn't - you're using somebody else's code, so it's not as if that "something awesome" was written entirely by you. If the library with which you're working is a requirement for your software being "awesome", then some of the "awesome" is due to the other software (if it's not a requirement, then you don't have to use it). (And whether you "should" profit from it is up to your prospective suppliers and customers; if your prospective customers don't think your software is "awesome" enough to pay a price for it that covers your costs and desired profits, that's just Too Damn Bad, and if your prospective suppliers are not willing to supply you with tools/components/whatever under terms, whether financial or licensing, that allow you to make your desired profit, that's also just Too Damn Bad.)

    Do you believe in property rights for software? If so, if you're honest, then you must believe in the rights of developers of software to say "you want to rely on the software I developed in your application at run time, even if it's just by calling it from a library, you have to make your application available under the same terms as my software". (If not, you're in no position to whine if you make no money because your software gets pirated.)

    At that point people would be writing their own operating systems, apis, and so on if they wanted to own a

  337. Re:BSD license was always more permissive, so grea by firewood · · Score: 0

    I think the purpose of the GPL is to ensure that those that profit from your work also give back.

    Nonsense. In fact, potentially completely the opposite. Someone who profits from distributing unmodified copies of your code doesn't have to give you anything back. But someone who tries to combine your code with code which they have previously written, and give away the combined result for free (or maybe even at a loss including their server hosting fees), is still required to send you a whole bunch of code unrelated to your work.

    A commercial distribution license based on a percentage of sales would be more in line with your stated purpose. Or maybe a commercial license with a 100% discount for people who send you rights to use a number of lines of their own code equal to yours.

  338. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Actually the kernel is under the normal GPL it has an explicit statement of interpretation. That's not actually a modified form of the license.

  339. What remains popular by Waccoon · · Score: 1

    In my observation, GPL fanatics are just more worried about a commercial vendor "hijacking" a code base and rendering the original project irrelevant. It's not about depriving people of the original project or failing to contribute, it's about a modified project becoming better than the original, so the original ends up dying. They may not say this, but that's what their behavior suggests.

    This doesn't surprise me, a my observation of open source software is that it's largely driven by ego. People give code away for free, but that doesn't meant they're doing it for the common good. People can be very, very picky about what kind of work they do and what's important for the project, as opposed to what users really want or need. For example, the complete lack of standardization in the Linux community.

    To an extent, I agree with this. I don't want someone to fork my project and not give anything back. However, I don't understand the people who insist that 100% of the code must be GPL. Sometimes you just want to work on something cool and not have to worry about the boring stuff.

    I prefer to use multiple licenses. MIT for tools and scripts, and GPL for complete projects. Being a fanboy of one license is just narrow-minded. I don't care if people rip off my building blocks, so long as they don't try to raze my tower. Even if I can't take back the code they make, I can still learn from and build upon their ideas (assuming there's no software patents, of course).

  340. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    how is it not freedom to decide how people use my work.

  341. Re:BSD license was always more permissive, so grea by einhverfr · · Score: 1

    The article is interesting because it suggests that the big reason for the trend is the movement away from single-vendor open source projects. Vendors who want to control their own projects (MySQL AB, for example, now Oracle) LOVE the GPL because it gives them *control.* That control is lost with community developed projects, and so the calculus there is different.

    I actually think that for community-developed projects, the BSD license is the way to go but for single-vendor projects the GPL is much better. In the end though the GPL also protects projects from proprietary forks when the pace of development is very slow. For projects where the pace of development is high, then the GPL offers really very little if any additional protection (as in Apache or PostgreSQL).

    --

    LedgerSMB: Open source Accounting/ERP
  342. Re:BSD license was always more permissive, so grea by einhverfr · · Score: 1

    On the other hand, you *can* release your own GPL'd fork and use the GPL to tightly control what you have, and therefore force your customers into dependency on you. This is why single-vendor projects are (almost always) GPL'd....

    --

    LedgerSMB: Open source Accounting/ERP
  343. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    So if I invent a robot with my own ai code but it uses GPL apis

    Presumably you mean "GPLed libraries"; I don't know of any interfaces that are GPLed in any sense, e.g. somebody could reimplement a GPLed library, duplicating all its APIs, and release it under the BSD license without violating the GPL. I guess you could see legal arguments about, say, header files for the library, but those arguments may already have come up and been resolved.

    What if I onvested 5,000,000 making the code? Whoops competitors now use my code and undercut me because they didnt have to invest the 5,000,000. I go out of business.

    Then whoops maybe you should have invested a little more to implement that functionality yourself, or paying somebody else to implement it, or even just to try to find a free-as-in-beer-at-least implementation with a non-GPL license, rather than using the work of somebody else who doesn't want you to use it in a fashion where you don't have to make source code available under the terms of the GPL.

    Google gets a free ride because they are not redistributing. For everyone else who makes smart appliances you are screwed.

    If a smart appliance maker is going to invest a lot of money in the software, they're not "screwed", they're just required to invest a little more money making or buying or finding non-GPL software. If their "secret sauce" is the hardware, and giving away the source to the software doesn't make it significantly easier for others to make that hardware - or if they have a patent on the hardware - they may not be "screwed" at all.

    Small business owners are too. You cant sell your company as that too counts as redistribution.

    A small business using GPLed software most definitely can sell their company. It's not as if using GPLed software GPLs your entire company, including the office desks and the software you bought to run on your computers and your customer lists and the software you've developed without incorporating GPLed code into it.

    Just google router xompanies? Gnu went after them

    ...because they used GPLed code without complying with the requirements for doing so. A company that makes Wi-Fi access points managed to find an alternative to GPLed software for their access points.

  344. Re:BSD license was always more permissive, so grea by Jonner · · Score: 1

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it. Freedom isn't picking who gets to enjoy that "freedom" based on some rules.

    I don't need to list the many companies and individuals making a profit from Copyleft software, but I will point out that the FSF itself was the first to make money from selling copies of its own Free, Copyleft software.

    There is always a trade-off of freedoms in any policy, including license choice. Permissive licenses give more freedom to the initial recipient of the code at the cost of freedom for the entire community of users and potential users. Copyleft restricts some freedoms of an initial recipient only so that everyone else gets the same freedoms. Each approach has its place and will remain important.

  345. Re:BSD license was always more permissive, so grea by inflex · · Score: 1

    All my open-source code is now BSD-revised licenced, and this is precisely the behaviour I see, large corps (even IBM and national banks) have submitted patches back to me simply because it's far easier for them to do so and not have to try and maintain their own parallel edition. A lot of the time it's just the "admin" person you're dealing with and it's likely they're perfectly happy to send patches back as they're often rather pro-"OpenSource" themselves.

    As for corps taking my code, modifying it and making a profit, that's great - if I didn't accept things like that occurring then I'd not have released as BSD. People should choose their release licence for their own reasons, not because it's "what everyone else is doing".

  346. Re:Three licenses, three uses by dbc · · Score: 1

    I disagree on when to chose the BSD or the GPL. Both make sense at different times, to achieve different aims. BSD is for "Total World Domination". Use BSD to get your whizzy new protocol stack used everywhere. Use BSD to get anyone and everyone to include the driver for the hardware you just released. If, on the other hand, you want hobbyists, students, researchers, and the larger GPL community to have access to your work under the terms of the GPL, but commercial interests either need to take another license from you in exchange for money (or just simply take a hike), then GPL makes good sense.

    The license is simply a tool to control the distribution of your software. Choose a license the way you chose a screwdriver, not the way you chose a religion.

  347. Re:BSD license was always more permissive, so grea by inflex · · Score: 1

    Agreed. I think the shift has occurred because of increasing corporate interest in open source. BSD is seen as more corporate-friendly than GPL, when in fact it should be the other way around--BSD allows your competitors to reap the fruit of your labor without giving you anything in return.

    It's pretty simple if you're the developer, if you don't want this happening, use GPL. If you don't mind or don't care, use BSD.

    What I find amusing is when people start trying to coerce developers into choosing a licence when in reality it's simply none of their damned business. I'm sick of receiving emails from GPL-extremists telling me that I'm ruining my life or destroying the universe because I'm letting people copy-and-profit from my code. I opted for that licence choice for my own reasons, to hell with anyone who thinks they can make my choices for me on something as trivial as software.

  348. Re:BSD license was always more permissive, so grea by colinrichardday · · Score: 1

    Fair enough, but then who is the OP complaining about?

  349. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    What is "profit from" also? If I borrow some internationalization code as part of a huge project, this saves the company money from having to buy a propriety product perhaps. More likely though it means we don't implement it ourselves and have less bugs down the road than if we rolled our own. Now does that mean we profited and the original author now gets access to every single line of our code as the GPL would imply?

    No, it means that (whether you profited or not), all recipients of your huge project get to give that project away to anybody they want (under the terms of the GPL, so they can't further restrict its redistribution) and get to ask for and get the source to your huge project, and that anybody they give it away to gets the same rights.

    Even if the code is proprietary and our competitors are anxious to get a peek at it?

    Yes, in which case you would be advised not to use GPLed internationalization code. Sorry.

    Even if various government agencies disallow giving away the code or allowing end user customization of the machines?

    Yes, in which case you would be advised not to use GPLed internationalization code. Sorry.

    With GPL the return payment is that you must also be GPL in absolutely everything you do. With BSD the return payment is that you give recognition to the author and keep the copyright notices intact. The first type of payment is too high for most companies unless they've got a software model that fits (ie, dynamic libraries, separately loaded programs, kernel modules, multiple cpus). The second payment is much easier but many companies don't know of it and they associate all free or open source software as GPL tainted.

    Then the right answer isn't "complain about the GPL", it's "promote non-GPL-style licenses and code that uses them, so that more companies know about it and use non-GPLed software in those cases where it works better for them".

    So the result is many smaller companies reinvent small pieces of code or libraries all the time, not the result desired if the author wanted to share code.

    Perhaps the desire of authors of at least some GPLed code isn't simply "to share code"; perhaps it's "to share code in a fashion that keeps it, and any improvements to it, under the GPL", in which case that might well be the result desired - they'd rather have people reinvent the wheel than to use their wheel design in a fashion they don't like. People who want their code used even in cases where the GPL gets in the way, including people whose sole goal is "to share code", would presumably use a BSD license or an MIT license or some other non-GPL-style license. Perhaps smaller companies might not realize that they won't get trapped by the GPL if they use that software; if so, that is, as noted, an evangelism problem.

  350. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    your example is wrong.

    you would have to provide any improvement to the library you are using, but not code for other parts of the project.

    If the library is GPLed rather than LGPLed, you would most definitely have to provide code for parts of the project linked with it, unless it falls under the "system library exception".

  351. Re:BSD license was always more permissive, so grea by ancienthart · · Score: 1

    And if he/she does that too much, people fork the project.

  352. Re:BSD license was always more permissive, so grea by jythie · · Score: 1

    This is actually one of the things that soured a lot of embedded developers to GPLv3... the new rules seemed to be designed to force embedded programmers to open up more but did not effect web based stuff, giving the impression of preferential treatment.

  353. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    I think the purpose of the GPL is to ensure that those that profit from your work also give back.

    Nonsense. In fact, potentially completely the opposite. Someone who profits from distributing unmodified copies of your code doesn't have to give you anything back. But someone who tries to combine your code with code which they have previously written, and give away the combined result for free (or maybe even at a loss including their server hosting fees), is still required to send you a whole bunch of code unrelated to your work.

    A commercial distribution license based on a percentage of sales would be more in line with your stated purpose. Or maybe a commercial license with a 100% discount for people who send you rights to use a number of lines of their own code equal to yours.

    If "give back" means "give back directly to the "you" of "your work"", yes. If it means "give back to "the community"", not necessarily - you may not directly care about the code "unrelated to your work", but you might like your work to be used only in projects where the users can get the source, modify it, and redistribute the results under the terms of the GPL, so that somebody else could get code that's related to their work.

  354. Re:BSD license was always more permissive, so grea by Attila+Dimedici · · Score: 1

    Big corporations don't deal with EULAs, they get licenses that their legal department negotiated with the vendor. Those licenses are written in language that has pretty much had its meaning clearly defined by case law. The GPL (especially GPLv3) has clauses that have yet to be clarified by the courts, so corporate lawyers are not yet sure what they mean. This is further complicated by the fact that the corporate lawyers don't quite know what the motivations of the copyright owners of a particular piece of software are for the clauses in the license (largely because that motivation varies from developer to developer), while they can talk to the corporate lawyers to come to an understanding of what the motivation is behind various license clauses in proprietary software.
    I believe that GPLv3 was a mistake. It pushes too far too soon and has caused companies that were just starting to become comfortable with GPL code to worry about where the promoters of the GPL were going with the license.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  355. A developer's perspective by Max+Threshold · · Score: 1

    I'm a developer working on a personal project. I will not use any GPL code because I don't want to release all my code. So I'm only using code that's under the Apache or similar licenses. And since that's what I'm getting, that's what I'll give back. I'm not willing to release all of my code, but I'm willing to release some of it. In fact, I'm happy to because I want to show it off. So I'll put it in a library and release it under the Apache license. Maybe some other developer will find it useful, and the cycle will continue. Why should I care if a commercial developer uses my code to make a profit? I won't have lost anything if they do. I don't write code with the expectation of in-kind "payment" under the terms of the GPL. I write code because I enjoy it. If your reason for licensing code under the GPL is an expectation of getting something back, then I'd say you've got a gambling problem.

  356. Re:BSD license was always more permissive, so grea by firewood · · Score: 1

    And as far as the political aspects, to most companies GPL == toxic, and they don't care about the details.

    Exactly. The executives will see big companies being sued over using GPL software. You think they are going to take the word of some low level coder that this isn't a legal risk? No way.

    They are going to ask their legal staff, who's going to say it take X tens of thousands of $$$ (or more) in equivalent billable hours to evaluate all these lawsuits and all the potential risks, and then Y hundreds of thousands of $$$ to put in place procedures and review systems to prevent these potential lawsuits while still maximizing competitive IP value in ways that the even higher paid patent attorneys require. Management will look at these legal and procedural costs, ignore the lowly coder who hosts his own GPL source code on his free blog as knowing nothing about real business risk management.

  357. Re:BSD license was always more permissive, so grea by khipu · · Score: 1

    Freedom isn't picking who gets to enjoy that "freedom" based on some rules.

    The GPL doesn't say "'freedom' is good therefore use the GPL", it says "these specific freedoms are worth protecting, and the GPL protects them". If you want to protect other freedoms, that's your choice. But starting an argument because your definition of freedom differs from the specific freedoms the GPL enumerates is stupid.

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it.

    Nobody is preventing you from profiting from GPL'ed software. Nor does it impose any licenses on your own code. The GPL prevents you from using other people's work and effectively claiming it as your own.

    Furthermore, your reasoning is faulty. Several companies, including Apple, Microsoft and Sun, have taken BSD and/or MIT-licensed software, made it proprietary, and attempted to hurt both users and the originators of the software.

    I am not saying that GPL is always the answer. In fact, I distribute most of my software under BSD or MIT licenses. Nevertheless, your generic statement that more permissive licenses are always better for freedom are wrong. Sometimes, the GPL is the right license.

  358. Re:BSD license was always more permissive, so grea by Kaz+Kylheku · · Score: 1

    A license like BSD doesn't take away any customer's freedom. It increases the customer's choice; use the original free version(s) of the program (exactly as with the GPL case), or buy proprietary products which include that same code (not possible under the GPL without someone breaking the law).

    Thus BSD: more choice

    Someone taking a piece of code and using it in a nonfree program does not destroy the free programs that are also based on that code.

    If you don't like the nonfree programs, don't use them. Use and promote the free ones.

    I'm never putting another thing under the GPL again. I have done so in the past, but I repent.

  359. A few comments by jbolden · · Score: 1

    I'd like to comment on the graph.

    1) Notice it starts in 2008. If had started in say 1995 you would see a huge drop in BSD/MIT... licenses to 70% GPL family in 2008.
    2) I suspect this may have a lot to do with cell phone apps and the focus on web applications where the right to link freely and distribute might be more important.

  360. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    Let me fix that for you: BSD is about the freedom to make choices for everyone in the distribution chain. GPL is about imposing restrictions ON THE USE OF THE CODE for everyone in the distribution chain.

    BSD allows any stage in the distribution chain to impose whatever restrictions on distribution they want to upon all subsequent stages in the distribution chain.

    GPL requires all stages in the distribution chain to impose the same restrictions on distribution upon all stages in the distribution chain.

    This is the flip side of "BSD is about freedom of the distributor; GPL is about freedom of the code". Attaching "freedom" to one and only one of the licenses - regardless of whether it's a non-GPL-style license or a GPL-style license - comes across as an attempt to bias the discussion in favor of the freedoms offered by that license. Different people in the distribution chain may want different freedoms and restrictions at various stages in the chain.

  361. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    I think he is talking about Microsoft.

    "MIT licensed graphics library" = OpenGL which is a secondary library for Microsoft
    " or a BSD licensed network stack " = that when Microsoft first released their network stack there was a lot of BSD code in it.

  362. Re:BSD license was always more permissive, so grea by Kaz+Kylheku · · Score: 1

    The programmers writing under the GPL are the ones hoping to get bought out! In fact, they are retaining more leverage for that situation, by retaining the exclusive right to make proprietary versions of the program one day. If some company wants to sell proprietary, enhanced versions of the program, they /have/ to make a deal with the copyright holders.

    The author of a BSD program is only valuable to the extent that he perhaps understands the program better than anyone. That translates more to being hired in a technical role than to being bought out.

  363. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 2

    There is nothing more annoying then say a company that makes an OS which uses an MIT licensed graphics library or a BSD licensed network stack but at the same time fights aggressively against free and open source software.

    Apple?

    Well, maybe, except that

    1. if the "MIT licensed graphics library" refers to one of the X11 libraries, it's not used by the native GUI of the OS, it (and the other X11 libraries, along with the X server) are provided to make it a bit easier to build X11 applications and run them on Mac OS X without having to port them to a toolkit that runs directly on the OS X native window system (whether it's one of Apple's toolkits such as the GUI parts of Carbon or Cocoa or a third-party toolkit such as Qt);
    2. Apple may compete aggressively against FOSS, and may protect its non-FOSS software, but it also develops and contributes to a number of FOSS projects.
  364. Re:BSD license was always more permissive, so grea by Kaz+Kylheku · · Score: 1

    You can profit while using GPL-ed code that you wrote yourself by using it in proprietary programs as much as you wish. That's basically the idea behind the GPL. It wasn't Stallman's intent, of course, but that's how it is used.

    Use the GPL to dump free versions of your program on the market, and try to build a proprietary business on the side.

    The GPL is nto enough, which is why the Free Software Foundation uses one more tool, which is not often talked about: the official GNU projects require major contributors (e.g. people submitting patches for new features) to assign their copyright to the FSF.

    Yes, GNU software is "free" not because of the GPL, but because of the GPL plus everyone signing over their copyright to the FSF, including a signed paper from their employer assuring that they have no claim on the code.

  365. Re:Don't be stupid by Guy+Harris · · Score: 1

    And not contributing anything back to the community. Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost.

    ...with the possible exception of WebKit and clang and LLDB and their contributions to LLVM and their contributions to GCC to handle Objective-C (assuming they've been picked up by GCC) and their contributions to GDB (assuming they've been picked up by GDB) and libdispatch and launchd and other Mac OS Forge projects and any stuff people have picked up from opensource.apple.com.

  366. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The fact that a company or individual needs a lawyer just to write and distribute code makes the point -- RMS' zealous contempt for people making a living (and being sober and flea-free) have made it unreasonably onerous to use his license. Were I writing code for distribution, as a company or individual, I'd totally avoid something bloated and Byzantine beyond any rational need in favor of a license that doesn't require retaining legal counsel.

  367. Re:Don't be stupid by Guy+Harris · · Score: 1

    Nice. So if I download all that and build it properly, do I get a complete working MacOS X build? If the answer is "no", I rest my case.

    Good, because, if you rest your case, that means we get to further attack your case and you've admitted you have no response that you can offer to further attacks. :-)

    "Should Apple fall one day or just discontinue its BSD-based products, all their achievements will be lost." is, like it or not, inequivalent to "I can't build Mac OS X entirely from free software".

    "Should Apple fall one day or just continue its BSD-based products, Mac OS X {and iOS} will be lost" is equivalent to "I can't build Mac OS X {or iOS} entirely from free software", but that's not what you said. If that's what you meant, you should have said it, rather than hyperbolizing with "all their achievements will be lost".

  368. Re:BSD license was always more permissive, so grea by stephanruby · · Score: 1

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    You have to view this from the context of the Marketplace.

    If there is already an open source GPL project that does the same thing as my own home-built proprietary one. The only real chance I have to compete with that existing open source project, aside from using marketing dollars (which I do not have), is by making my own project even more attractive to some people than this other project.

    In other words, I either have the choice of letting my project fall into abject obscurity, and in that scenario I get nothing back from it anyway, or I have the choice of letting go of it under some MIT license, and then may be -- just may be -- my software project may have a chance to become widely used by others (although, even this part is not guaranteed).

  369. Re:Don't be stupid by Guy+Harris · · Score: 1

    Instead of asking/b*tching/moaning and groaning, why not try it?

    Presumably "it" doesn't mean "trying to build Mac OS X, in its entirety, from the stuff on opensource.apple.com", because he already knows for certain that it won't work. Apple don't open-source WindowServer or Cocoa, for example, so no Mac OS X GUI.

    Besides, the link already proved your original knee-jerk claim was totally wrong.

    Yes, but that's because he hyperbolized with "all their achievements will be lost". Not only will WebKit not instantly disappear, but, for example, none of the LLVM project work (which is not based on GPLed code, so it's not as if the license required Apple to make it open source) will disappear.

    However, Mac OS X would be lost (unless they suddenly open-sourced it or sold it to somebody else).

    BTW - if you download every single package from gnu.org, you STILL don't have a complete working build of an OS, so what are you complaining about, really?

    The fact that some people insist on calling it GNU/Linux but don't insist on calling it GNU/{various other contributors}/Linux? :-)

  370. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Dude, it's "X", "X11" or "X Window System" -- not "X-Windows".

  371. Re:Don't be stupid by Guy+Harris · · Score: 1

    Short of the kernel ... which they stopped releasing the source too since it kept being used to easily work around the OSX license restriction

    So what's this - chopped liver? They haven't released the source to Don't Steal Mac OS X, but that's another matter. :-)

    They don't release the source to all kernel extensions (kernel loadable modules, for the Linux weenies in the audience).

  372. Re:BSD license was always more permissive, so grea by turbidostato · · Score: 1

    "RH doesn't sell software, it sells services."

    But then, nobody sells software.

    They sell either usage licenses, or developing services, or services of a different nature, because what does "selling software" means, to start with?

  373. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    What the GPL requires is, simply put, a royalty payment made for the rights to publish or produce derivative works yourself of the protected and licensed work.

    Presumably by "royalty payment" you mean something other than money. Yes, some software is "dual licensed" so that you can either use it for free-as-in-beer under the terms of the GPL or can pay a licensing fee for the right to make a derivative work without the derivative work being under the GPL, but I don't think all GPLed software is dual-licensed, and some people and organizations that might want to make a derivative work from some GPLed software might not want to be obliged to make the source code available to everybody who gets the binary form of the work or to allow anybody who receives the source or binary code for the work to redistribute it freely under the terms of the GPL.

  374. My theory, which is mine (and worth what you paid) by Just+Brew+It! · · Score: 1

    Another potential factor:

    In today's crappy job market, pragmatism trumps ideology. Maybe some developers have realized that one way to improve the odds of landing that next (better) paying gig is to get your name out there, which means maximizing the number of people who are using your code. In this context, someone taking a fork of your code proprietary isn't a bad thing, as long as they've got the decency to preserve your attribution in their version of the source. If a company likes your code well enough to use it, maybe they are impressed enough with your skills to look you up and offer you a job.

    I wonder if this has led to increased pressure to use more permissive licenses?

  375. Re:BSD license was always more permissive, so grea by MightyYar · · Score: 1

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    You didn't really give it out for free (as in freedom) if you retain control.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  376. Re:BSD license was always more permissive, so grea by rtb61 · · Score: 4, Insightful

    It's more like a total crock of shit.

    It's the old percentages game people. When GPL came out there was bugger all open source software and as GPL become more popular closed source proprietary software companies started launching various kinds of open source public relations licences.

    Low and behold there are now a whole bunch of other types of open source licences and with proprietary closed source software companies companies playing silly buggers with public relations, breaking down programmes into modules and open sourcing the modules to ramp up the numbers, just so they can crap on about how good they are at sharing.

    Just another lame arsed pathetic attack piece. Of course when you want to charge thousands of dollars for a report https://store.the451group.com/index.php?cPath=3&osCsid=gttqeg90f1go39789fobdf4nf2, you have to be pretty inflammatory to pull the mugs in.

    --
    Chaos - everything, everywhere, everywhen
  377. Re:BSD license was always more permissive, so grea by hairyfeet · · Score: 5, Insightful

    Noooo...RMS has said repeatedly the ultimate goal of GPL is to kill proprietary software. You can look up his "GPL VS LGPL" for just one example, but there are several others out there.

    We're all adults here right? so lets cut to brass tacks gentlemen, RMS is a militant and seems to get more militant as he gets older. compare GPL V1 - V3 to see how he tries his damnedest to make sure there is NO way you can use GPL unless YOUR PROGRAM is likewise GPL. He also says this in his GPL VS LGPL essay.

    You have to remember folks that old RMS doesn't see this as a software thing, he sees it as some "good VS evil" battle where you are either FOR him or AGAINST him, there is no shades of grey, no compromises. Now while he is perfectly within his right to hold that view i think the numbers show that most developers don't see the world that way, otherwise the change to GPL V3 would have saw an uptick not a nosedive.

    While the rational thing to do would be to sit down with developers from all walks of life, talk to them to find out what they don't like about the current GPL, and then fix it, sadly the problem with zealotry is there isn't any room for compromises like that and honestly from reading the man's writings I doubt it'd bother him in the least if he was the only one using GPL as long as it remained 'pure'. Remember we are talking about a guy who got rid of his OLPC because the BIOS wasn't GPL and is now using some rare loongson netbook simply because that was the ONLY device he could find that met his definition of GPL compliance.

    So the fact that the GPL is going down the shitter as far as usage is concerned really doesn't surprise me and frankly i expect that trend to get worse not better. Life simply isn't black and white and when even Torvalds won't use GPL V3 because its too restrictive that should let you know RMS simply went too far. While i like the idea of FOSS and use it quite often i also know that companies have to make money and developers need to eat But it seems that RMS doesn't feel the same. Of course he is a self proclaimed "squatter at MIT" so he doesn't really have to worry about kids, a car, house payments, etc so its probably easier for him to live in a black and white world than it is for the rest of us.

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  378. Re:BSD license was always more permissive, so grea by pclminion · · Score: 1

    I think the purpose of the GPL is to ensure that those that profit from your work also give back.

    I think the above point is where the two sides of the debate tend to start talking past each other. If people profit from my work, fine. In fact, that's great. If I wanted that profit for myself, I would have licensed my code differently. The profit argument is like saying "But it could have been YOU raking in all that dough," as if I had a desire to rake in dough, or a desire to prevent others from doing so. I actually just don't care. This concept seems unfathomable to some people.

  379. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The GPL v2 does not in any way address how entities use the software, only how they distribute the software, ergo Google is doing nothing morally wrong. If you feel this way, however, feel free to come up with a license that addresses both distribution and use of the code. But the GPL v2 is not the license you're looking for to curtail Google's _use_ of the software in question.

  380. That is not freedom by SuperKendall · · Score: 1

    He is, he just wants it to stay that way.

    You can't always get what you want.

    You can try sometimes, but you just might find, you get what you need.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  381. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1

    Nope, that wasn't a fix. Your fix is incorrect. The GPL isn't about letting you repeat what you hear, but about force used to force others to repeat what they don't want to repeat.

  382. Re:BSD license was always more permissive, so grea by shutdown+-p+now · · Score: 1

    including the bogus ones about how loading a template script into a runtime is somehow "linking"

    Reference?

  383. Who is this 451 mob? by Anonymous Coward · · Score: 0

    Who is the 451 Group and why do I care what they think? Oh wait! I don't!

    In other news: yes the GPL utterly utterly SUCKS in some commercial applications and is totally impractical. The LGPL isnt much better. Sorry if you spent a lot of time on your widdle widdle libwawry, I spent a heck of a lot more on the kernel that makes use of it and I'm damned if I'm calling MINE a Derivative Work of YOURS - yours could be one of mine though, because mine not only dwarfs it but gives it a reason to exist in the first place.

    Gawd, imagine if everything was a 'derivative work' of the TCP/IP stack. Get lost.

    But sometimes the GPL is a wonderful thing, forcing code to stay out in the open for as long as it possibly can, before the inevitable Nerd Feud splits it up into a sparkling shower of shattered elements. Or just a total POS like GNOME.

    Many things, including a lot of my code, use the good ole BSD and MIT licenses, because they do the only important thing: ensure that all those that have contributed code are credited, and that updated sources (NOT always a good thing - run ARCHIVES people, or I wont use your stuff) are available, and they don't impose absolutely ridiculous restrictions like showing how your base algorithm works.

    And NONE of this has anything to do with the abomination of "Software Patents".

  384. Re:BSD license was always more permissive, so grea by shutdown+-p+now · · Score: 1

    And countless times BSD advocates fail to address the "in practice the original code doesn't matter" argument. The classic example is X-Windows where the same source was available and that did lots of good for OS companies but no good for Unix end users that had no way to modify the X-Windows they actually were using and actually cared about.

    BSD is simply not intended to solve that "problem". If Unix users in question wanted to modify the source, they should have used an implementation of Unix that used an open source derivative of X. By not doing so, they have explicitly made a choice to use proprietary software - why is that bad, and why it shouldn't be allowed?

  385. Re:BSD license was always more permissive, so grea by rdnetto · · Score: 1

    But it's the most important part of the OS. It's only because the kernel is open sourced that running Ubuntu on the same hardware is even possible.

    --
    Most human behaviour can be explained in terms of identity.
  386. Re:BSD license was always more permissive, so grea by shutdown+-p+now · · Score: 1

    And yet they seem to be trying pretty hard to dodge the bullet that is CentOS.

  387. Re:BSD license was always more permissive, so grea by kangsterizer · · Score: 1

    Yeah BSD is great to turn open source into proprietary software. woot woot.

  388. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    I don't see why anyone would not want to use the GPL if they want their software to be free and open. Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Why require something back only from those who improve your software with bug fixes and additions, and not from all other users and distributors? Sounds more like an unfair disincentive for creating better software to me.

    It's only "unfair" to people who think they should be able to use source code in the way they want, not in the way the developer of the source code wants, no matter how inconvenient the way the developer of the source code wants the software to be used is inconvenient to the person who wants to use it.

    It's a disincentive to creating better software and not licensing the improvements in a fashion compatible with the GPL. That's entirely the intent of people releasing GPLed software; they are, for better or worse, willing to forego proprietary improvements being made to their software.

  389. Re:BSD license was always more permissive, so grea by Belial6 · · Score: 1

    I don't see the problem with that. The store distributes plenty of files. There is no reason that the source can't just be included in the download.

  390. Re:BSD license was always more permissive, so grea by kangsterizer · · Score: 1

    Google are evil. Seriously tho. Google ARE evil in many ways. No matter how many great things come out. They are as evil as it gets.
    Everything think about the "open" Google yet, as you point out, most of it is GPL abuse (which is legal, but not moral). It's the same for all their products, behavior, data gathering, etc.

    They're also geniuses. People DO believe they're angels. They DO believe they're open, and sharing. Evil geniuses.

  391. Re:BSD license was always more permissive, so grea by kangsterizer · · Score: 1

    They had to beat iOS. Can't do that with a closed source clone that isn't as good.Can do with an open source clone that's close enough, and allow rooting (aka "jail breaking") more easily.

    they will eventually close up , maybe claiming pirating issues (what matters most is control tho)

  392. Re:BSD license was always more permissive, so grea by Kaz+Kylheku · · Score: 1

    You can easily do that if you're the copyright holder.

    The GPL was not created in a vacuum. It's a tool used by the FSF, together with copyright assignment.

    You cannot contribute to a GNU project even if you put your contribution under the GPL, if you refuse to assign the copyright to the FSF.

  393. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The problem with the GPL is that while pretending to force you to be free, it ends up not being free at all.

  394. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1
    It was over the sale of proprietary wordpress themes, here, here, here,

    There were a bunch of people on one site, many of who obviously never did an edit-compile-link in their lifetimes, who have no clue as to what a linker actually does, and they were making all sorts of silly claims about how proprietary plugins and themes are a violation of the gpl ... when of course the running of a plugin is done by the runtime engine at runtime - not the wordpress scripts.

  395. Re:Don't be stupid by shentino · · Score: 1

    GPL is not a contract of adhesion.

    It's a conditional license without which you'd be in violation of copyright law if you modified or distributed the software.

  396. Re:BSD license was always more permissive, so grea by shentino · · Score: 1

    GPL is unpopular with business because it cuts into their ability to use secret sauce to hog market share.

    If I was a member of the werewolf guild I'd sure as hell not be fond of silver.

  397. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    yes it is.

  398. Re:BSD license was always more permissive, so grea by shentino · · Score: 1

    But your competition can't steal your code and keep it for themselves. They have to keep it just as open as you have to.

  399. Re:BSD license was always more permissive, so grea by shentino · · Score: 1

    Sounds more like the work of anti-FOSS FUD than any inherent deficiency in the GPL.

  400. Re:BSD license was always more permissive, so grea by shentino · · Score: 1

    So maybe the FSF should go on a public relations campaign to explain the GPL so that lawyers aren't afraid of it.

    It might be the antidote to all the FUD people spread about it.

  401. Re:BSD license was always more permissive, so grea by shentino · · Score: 1

    The GPL doesn't restrict you from doing anything but hogging the fruits of other people's labor for yourself.

  402. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    And you are full of FUD, never mind the insults.

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    Have you got your LWN subscription yet?
  403. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    And, it would seem, you have an agenda.

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  404. Re:BSD license was always more permissive, so grea by jbolden · · Score: 2

    The claim of BSD users is that it results in a situation that is more free. In other words it is being taken as a given that freedom for people downstream from the developers is an intrinsic good. If freedom is not an intrinsic good the whole anti-GPL argument made by the BSD camp, that the GPL reduces freedom, falls flat. Reducing freedom is no longer a bad thing.

    So given that axiomatically freedom is an intrinsic good lets look at the X situation. At the time of the open systems movements there were essentially no important / useful Unixes with an open source derivative of X as their windowing system. The purpose of XFree86 was to create a free X first for Linux and BSD, they had to do this because there was none that was useful. Eventually (after about a decade) XFree86 became the reference implementation, and when this moved back to X.org the reference implementation became useful; but there was about 15 years where that wasn't the case. To this day many of the features of the proprietary X's are still not part of X.org.

    Quite simply there was, in a meaningful sense no useful X that was open source. The reference implementations that existed, benefit operating system manufacturers but did not benefit the users of those operating systems. In effect there was no freedom, and since freedom is an intrinsic good that is a negative situation to be avoided.

  405. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    And by the way, you're doing evil. Tangential support of my claim.

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    Have you got your LWN subscription yet?
  406. Re:BSD license was always more permissive, so grea by lpq · · Score: 1

    Because the bullshit lines have been fed that the GPL is 'viral'. It is 'encumbered' with problems.... standard "crowd source wisdom' [sic], is subject to steering by corporate propaganda...

    Those in power love to tell others to follow the 'golden rule' -- and promote church activities for the "self sacrificing" state it helps engender, so that those in power can more easily manage the common folk...

    Crowd management has been an art being refined for 1000's of years since 'bread and circuses'... Why do you think Republicans are against education initiatives and public funding for schools? They only want their own to be educated!.. Educating the masses -- you might end up with a bunch of liberals like in the 60's/70's who engage in riots and such, who were able to educated enough to understand how downtrodden we are and how illusory US freedom is. Then the media hit back with the 'me generation, and 'greed is good', to get kids back on track.

    Now we have today and no signs of a reversal yet...

  407. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    I wonder how you arrived at that nonsensical claim, which has nothing whatsoever to do with the GPL license. Perhaps it would be useful to remember that argument by analogy is a logical fallacy.

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    Have you got your LWN subscription yet?
  408. Ingenious but... by balajeerc · · Score: 1

    The GPL was an ingenious invention. However, this is probably a good thing.

  409. Re:BSD license was always more permissive, so grea by hawk · · Score: 1

    No, that's not at all what that means.

    What it *does* mean is that google, when designing this tie-in to their services, decided that it was in google's interest that noone be able to make their own improvements which google couldn't share.

    Had they wanted to keep it to themselves, they could have based it on NetBSD instead--and if android was the product, like MacOS, they would have made such a choice.

    Android isn't the product though; it's a gateway to the google advertising behometh (and if Darwin, rather than MacOS was the product, it, too, would have a viral license).

    hawk

  410. Re:BSD license was always more permissive, so grea by butalearner · · Score: 1

    OGRE switched away from the GPL a couple years ago, and they had this to say about it. This, in my opinion, is the strongest argument for BSD-style licenses, and totally changed my mind about open source licenses. I'd probably still use GPL for end user products, but for libraries or frameworks or what have you, I like the simplicity of BSD or MIT.

  411. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Like Obama "enforces" equality :-)

    How can someone revoke your "freedom" to use your BSD code as you wish?
    Laughable arguments!

  412. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    You mean you signed a lifelong service commitment and you can't cancel it?
    I wasn't aware of such arrangements...

    Also, please enlighten us as to whether their server code was open when you signed up and then they closed it. Or you didn't bother to look?

  413. Re:BSD license was always more permissive, so grea by trojjan · · Score: 1

    How is that a 'loophole'? GPL is only meant to prevent you from distributing someone else's work under a different license. Using it for your own purposes is fine.
    As for closing that 'loophole' every company that uses a single piece of GPL'ed software would have to release all their code, that includes mine and I'm pretty sure I'd be out of a job if that were to happen. If we made GPL4 like what you imply, any software using that would die a quick death since nobody(by nobody I mean organizations which bring in the money) will be using it.

  414. Re:BSD license was always more permissive, so grea by dave87656 · · Score: 1

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it.

    The GPL doesn't prevent you from profiting on your derivative code, it simply ensures that others can do the same. GPL derivative code does not have to be free of charge.

    Freedom isn't picking who gets to enjoy that "freedom" based on some rules

    There is no restriction on who get's to "enjoy" that freedom, it simply says that you have to pass it on. The BSD license, for example, let's you enjoy that freedom, but doesn't not require you to pass it on, which essentially slows the spread of free (as in speech) software.

  415. Re:Don't be stupid by Anonymous Coward · · Score: 0

    I'm talking about getting complete system build without reimplementing a proprietary decade of development history from scratch.

    You're talking about STEALING Apple's product.

  416. Re:BSD license was always more permissive, so grea by dave87656 · · Score: 1

    People using your code and improving it without giving anything back? Because that is what Google is doing.

    Where? There was some controversy about Android but that code has been released.

  417. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1

    So you are saying that you can take something from GPL v3, modify it, sell the binaries, and not distribute the source?

  418. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I don't get your argument about the GPL freedom.
    That is exactly the reason it's share is going down.

    Distribution vs. Use: doesn't GPLv3 cover the use too?

  419. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    It's disingenuous to claim the GPL allows you to make a profit from your software. Not because that isn't true, but because it's only true for two extremely limited and problematic business models: "Support/Consulting" and "Donations".

    Lets get the second off the table now; Donations are not a business model, they are charity.

    That leaves Support, ala Red Hat and friends. The rub is that the support model explicitly incentives bad software and bad/limited documentation. The better the software is, the better the documentation is, the less support is actually needed. Ideally the software would be so good in every sense (technology, interface, etc) that support wouldn't be needed at all.

    There's a reason why so much "Enterprise" software today is really a steaming load of crap. The entire business model of enterprise software products is based on support, consulting (eg glorified support), and training (more glorified "support"). It HAS to be an obtuse, complex, error prone, impossible to debug nightmare to justify the $200/hour consulting rates and $5000-10,000 "training", and $50k-500k "annual support contracts".

    ---

    As a gross generalization, GPL projects (Linux much included) have the most wiz-bang new features before anyone else. But they're also a mess (Linux much included, additionally every single distribution Red Had being a prime example).

    As another gross generalization, BSD-ish products tend to be far more stable, cleanly designed, and come with far higher quality documentation (albeit needed far less because of the higher software quality to begin with). These are projects for which support is nothing but an expense, not an asset to be exploited for profit. So the users (and thus developers) tend to focus much more on the quality of code then the latest wiz-bang feature that'll be passe in a month anyway.

    The GPL isn't the only reason you see BSD behind more network and similar devices then Linux. Quality and stability (in every sense, not just bs uptime numbers) is essential. Which is also why you see users giving back to BSD products; Not because the license is hammering them on the head to do so...but because it's in the user's own best interests to choose to do so. They have a vested interest in seeing these products be more stable, less prone to user error, and generally better to work with.

    In contrast, GPL "support" based businesses have vested interests in seeing their products be less stable, more error prone to use, and generally as difficult to use as possible without completely alienating the customers to look for something else.

  420. Re:BSD license was always more permissive, so grea by allenw · · Score: 1

    I don't see why anyone would not want to use the GPL if they want their software to be free and open. Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back? Maybe these developers are hoping to get bought out by a large company someday?

    There are many businesses that want to profit from their own open source projects by including them or parts of them in other, proprietary works. The GPL essentially makes that impossible.

  421. Re:BSD license was always more permissive, so grea by king+neckbeard · · Score: 2

    You can think these things are just wants and live at home as an adult all you want. People everywhere are expected and looked down upon as irresponsible if they do not have these things and it is our job in life to earn them and keep them.

    I didn't say those weren't responsibilities. I claimed there's no such thing as a right to a car. Those are things you can get, but aren't inherently entitled to have them. Also, I don't think that people who don't have children, cars, or student loans are irresponsible. Opting to not have these things could very well be the responsible thing to do.

    IN terms of GPL and competitors that is fine and dandy if you own an ISP or something, but for a real world task of making industrialized equipment as an example, I can't give that away. If I spent 2,000,000 developing the secret algorithms for something competitors do not have I then charge more for customers willing to use my product. A competitor will simply steal my code and then undersell me as he never had to fund the development. Now my product is no different than anyone elses but costs more.

    That would seem to take BSDL off the table for you as well. Your problem with the BSDL appears to be that you can't make use of the work other people have done and then turn around and stop other people from using your work in a similar manner. It seems you want others to use the BSDL over the GPL, not that you think BSDL is better for you to use. I don't really feel sorry for you in that situation.

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  422. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Your argument assumes that kind of freedom is somehow valuable more than others.
    In fact - RTFA - most people (customers) don't care.

  423. perhaps fire the lawyer and get another one by Anonymous Coward · · Score: 0

    There is nothing more complicated that an entire set of different EULAs from proprietary software which is the case many companies find themselves in. Lawyers and business have been fed a big bunch of FUD from Microsoft. Many of these companies already have contracts with Microsoft and are concerned about upsetting them, while Microsoft hates GPL because it promotes sharing technology and undermines their business model. Many lawyers are operating in fear mode, it is far easier to just keep recommending to a company to keep doing what they have always done---pay proprietary software companies large amounts of money and continuing the safe relationships. When you begin to use free and open source software you are going into direct competition with the proprietary software companies you may already have contracts with. The only problem with this mentality is that it prevents the business from obtaining the most cost effective solutions for their IT.
    How successful would Google be if they had to rely on Microsoft for servers? What about IBM for supercomputing? Facebook for social networking? These innovative companies understand the benefits of the GPL and use it extensively in their IT and also in the products they sell. Any company can do the same.

    If you work or operate a business and your lawyer is telling you not to use free and open source software, such as in the GPL, then you need to *fire* them and get a new lawyer that has some knowledge of technology in today's markets. Lawyers should not keep you from finding and using the most cost effective IT solutions for your company. They should be finding a way to help you do just that.

  424. I am really troubled by your GPL reasoning by SuperKendall · · Score: 1

    That's why the GPL was created BTW. It's not not some subversive attempt by RMS. It was a response to the "BSDL problem" of someone taking the source and making a closed commercial product out of it.

    But NOT a commercial product. In fact the only correct way to phrase that is "making a closed product" and dropping the commercial aspect, because the GPL (as many many writings have gone on about) is not concerned with the commercial aspect of use - simply about the surety of others being able to use the software after modification.

    Not everyone likes the idea of being a free labor pool for Apple without any recourse.

    Without recourse? What the hell does that even MEAN. The whole point of releasing something GPL is that you are perfectly OK with commercial entities (ANY commercial entity) using it for free!!! You simply want changes made to come back to you, or at least be able to see them. You are happy that other people can use it for free. That is the POINT!

    Well guess what - in real life those changes DO come back regardless of using GPL or BSD! Just look at Apple for example, all of the open source projects they make use of they also contribute back to - even when they do not have to (BSD licenses). Some they are even really primary developers for, like Darwin or LLVM (OK, not sure if they are primary on LLVM but they are at least heavy contributors).

    So why would any company do this? The answer is one that even allows you to keep your world view of every company being nothing but greedy scoundrels - because it's CHEAPER for them to contribute back. Otherwise they have to go through all of the work of re-patching changes with every release. They would FAR RATHER not have the responsibility of maintaining that code, but get rid of it ASAP and let it fall back on the maintainers.

    I don't think RMS is a zealot at all. I think he is a visionary, and I agree 100% with the goal of what he is trying to do with the GPL. I just don't think (anymore, I used to) that the GPL is the best way to reach the goal he seeks. We have enough history now to show us that the BSD/MIT license can still have the derivative code sharing effects that the GPL seeks to mandate, only with greater developer uptake when you take the less restrictive path.

    Yes you can find outliers of transgression but I'll bet there are a hell of a lot of people not giving back to GPL projects the way they should either!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  425. Is the original article a sham, FUD ?? by zman58 · · Score: 1

    Some very interesting blog entries below the referenced article suggest that the entire study is a sham. A FUD attempt to discredit the GPL. The following quote is one of the more interesting ones. Makes perfect sense to me--check Savannah and sourceforge for yourself. Just exactly WHO is behind the 451 Group anyway??

    "Jasper Nuyens says:
    December 17, 2011 at 6:48 pm

    I agree with orbit that this is propaganda = possibly sponosered by Microsoft as they are the only company publicly opposing the GPL license and funding BlackDuckSoftware.

    Yet one can clearly do the math themselves. Savannah.org and sourceforge.net both allow the searching for license type. It clearly shows that the GNU GPL license is the only important remaining licence, with a big growth in the GPLv3 area the last years (wheiter you like it or not).

    Sourceforge lists 1014 MIT licensed projects while over 13.000 GPL projects. Impossible that MIT license would be at 11%
    AGPL licensed by sourceforge over 370, so there are only 47 projects licensed unther the AGPL and not on sourceforge? Seems unlikely!

    Fear, uncertainty, doubt nice try, but no win today!"

  426. Re:BSD license was always more permissive, so grea by Runaway1956 · · Score: 1

    The finer nuances of the various licenses escape me. But, to imply that by using a bit of GPL'd code internally means that you must open source everything that you or your company has ever coded borders on insane. Not to mention, dishonest.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  427. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Some people just prefer free as in free (BSD, MIT etc.) over free as in restricted (GPL).

  428. Re:BSD license was always more permissive, so grea by Kjella · · Score: 1

    We're all adults here right? so lets cut to brass tacks gentlemen, RMS is a militant and seems to get more militant as he gets older. compare GPL V1 - V3 to see how he tries his damnedest to make sure there is NO way you can use GPL unless YOUR PROGRAM is likewise GPL.

    RMS first wrote the GPL because he couldn't change the driver code of a printer he was using, obviously if his printer had been "tivoized" to only run unmodified software that'd ruin the whole point of the GPL. It may not have been explicitly forbidden by the license until the GPLv3, but it would be the intention all the way back in 1989. It's very obvious Linus and RMS have different perspectives here, Linus wants to be able to look at the code to build a better mousetrap while RMS wants to be able to fix the mousetrap he has. You may call him militant about it, but that's what the GPL is all about to him. If some vendor can put GPL code in a product and the user can't actually and practically modify it and distribute the modifications then the GPL is a failure.

    Of course vendors hate that, not only do you have to show all your secret sauce but you must give all your users the right to distribute it too. So they try all sorts of funny shims and software signing and "covenant not to sue over patents" and whatnot to try getting all the benefits of the GPL code, without actually giving users the four freedom RMS intended. If GPL code wasn't popular and valuable, why are so many working so hard to find a way around the license? Of course you can say the GPL is excessive, one line of GPL code and your whole source code must be up for grabs. But asking for anything less would make a loophole big enough for a truck to drive through, as if it didn't have enough already.

    I understand why companies like other licenses, if you don't have the GPLs obligations then they're still in control and choose to go binary if and when they feel like it. If it's under the GPL and you've accepted third party contributions without copyright assignment then you're more or less trapped, you'd have to back out those changes and replace them with clean code. But that mutual commitment has been the whole basis for building a community, if not it could just go away some day like OpenSolaris did. Without anything like the GPL it's basically "so long as we feel like it".

    --
    Live today, because you never know what tomorrow brings
  429. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    "a dicto simpliciter ad dictum secundum quid" = "the exception does not break nor define the rule"
    A generalization that disregards generalizations (for any reason) is a logical fallacy.

    I'll save you the time Googling it; it's found under the very first entry in the list of fallacies on the aptly titled Wikipedia article "fallacy".
    http://en.wikipedia.org/wiki/fallacy

  430. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Should rather be "a generalization that disregards exceptions".

    Also, the first entry under the lmgtfy search is to the Wikipedia article that mostly points out people misusing the phrase, as Anonymous Brave Guy has done. He'd be better off paying attention to the Arthur Conan Doyle quote on the page.

  431. Re:BSD license was always more permissive, so grea by Darinbob · · Score: 1

    I didn't mean use it internally, as in letting devs use emacs. But linking to a routine and then distributing your software or device with that routines means you must abide by the GPL.

  432. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    Stallman's position is clear. Proprietary software is a plague and all possible legal devices should be used against it. Free software is a benefit and it should be defended. He has, for a long time, advocated legal ju-jitsu where his enemies copyright laws should be used against them to achieve their opposite effect. You may not like this; you may find it overly simplistic, but if that is so just admit it.

    Calling this hypocritical just shows you have a personal problem with Stallman. Did he reject your love or something? Not really my taste, but I guess that we should respect people who can overcome the superficial.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  433. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    This is why saying that the laws against slavery are about freedom is in the same category as the classic "f***ing for virginity". Anti-slavery zealots are arguing by redefinition, and using the concept of "freedom" to mean something entirely different and wrapping themselves in its mantle.

    If you want true freedom - which must always include the freedom to do things that piss others off without actually seriously harming them - then you should choose a society where slavers can do anything they want short of permanent physical damage.

    There FTFY. And yes, I can see that slavery is worse than selling people code they can't fix, but immediately we start to admit that we stop discussing absolute freedom and start to have to make proper sensible moral decisions, at which point the GPL becomes an excellent trade of for the real world.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  434. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    the fact that some of the most basic use cases are ambiguously specified.

    Speaking as a person who has worked in big companies with big legal departments who understood the GPL: You are just spreading FUD. There are no problems with any standard use cases with the GPL. The opposite in fact. It explicitly protects them where most proprietary licenses do not or even actively restrict them. The GPL is one of the best licenses in existence from this point of view.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  435. Re:BSD license was always more permissive, so grea by unixisc · · Score: 2

    I think the purpose of the GPL is to ensure that those that profit from your work also give back. Everyone needs to be paid, some of us just want to be paid in code. For that reason I use GPL, but BSD, MIT, Apache are all good, free, licenses, so I really don't see an issue here.

    No, that's the purpose of OSI and Eric Raymond's group (used to be his, but he no longer runs it - has moved on to other things, unlike RMS). Those people are about the things you describe. People who are interested in open source due to practical agreements about the best development models ought to support the OSI. Those people are the ones working w/ companies to make the case of how open source can work for them.

    But the FSF and the GPL is all purely about Stallman's ego, as Hairyfeet pointed out above. This is someone who discusses software freedom like it was food - software under non-GPL compatible licenses being the moral equivalent of e-coli in vegetables. The most damning example of his fanaticism can be found in his explanations of why all the common distros don't qualify as free, in his book. Their crime? Daring to either bundle 'non-free' software, or even point to where non-free software would be available. E.g. Debian providing a repository of non-free software, and then hosting them on its servers make it impure in the eyes of Stallman/FSF, even if it claims that that non-free software is not a part of the Debian system. After applying similar non-endorsements to every major Linux distro, they then turn around and try to insist that GNU be prefixed to Linux whenever it is used. Why, if you're not going to accept that they are free, when they are all under the GPLv2 license?

    Given all that, it's indeed no surprise that GPL & copyleft are declining. I do hope that open source itself flourishes, regardless of whether the FSF does or not. RMS does not associate himself w/ open source, and that idea does not deserve to go down w/ him. I don't mind losing the concept of Free Software however, since not only is the term misleading to begin w/, but freedom 2 of the GNU - freedom to freely distribute copies to help your neighbor - essentially forces down the price of all software, even though it's theoretically correct that GPLed software can be sold for a price just like any other software.

  436. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    Right; It's precisely this which takes away the benefits of open source for the startup. Everybody knows; from the moment that they start using the BSD license or demand copyright assignment that it's a bait and switch. Thus no developers commit to work with the startup because they have almost no guarantee that there will be a support community later. I think it's better for the startups if they do something like split their work into an open / copyleft part that belongs to some foundation and another secret part that they keep for themselves until launch.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  437. Re:BSD license was always more permissive, so grea by unixisc · · Score: 1

    As I point out separately below, the people who do what you suggest - work w/ developers on licensing models that make the most sense for them, and keeping their corporate assets intact, is the Open Software Initiative (OSI). Those people are practical, and one can work w/ them. There is no reason to pretend that the FSF is the face of Open Source, when it states that it's not. Open Source is about solutions that people can use. 'Software freedom' is the technology equivalent of Marxism.

  438. Financial Idiocy by Anonymous Coward · · Score: 0

    Not using GPLv3 is equivalent to financial idiocy,
    and ultimately results in transforming developers into "slave away" gimps.

    In other words it resumes to :
    I'll do all the work,
    you'll get all the profits and contribute nothing,
    I'll be left sucking my finger.

    Just because I wish to promote learning and decide to provide the source code for my application
    that does not mean I have to be taken for an idiot and impaled "ad infinitum" by some set of greedy opportunists!

    On the other hand if you have no problem with being impaled, feel free to use whichever license allows the stick to go further...

  439. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    You're playing games. You must distribute the source as you know. And in return you get to sell software written by other people. Everybody's a winner. What's not to like?

    If that little act of returning something to the community you got it from is too much for you, then don't sell that software. Simple.

    --
    Have you got your LWN subscription yet?
  440. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    In general the idea that there is money in open source is hilarious. Yes, you, the reader, want to reply with an example of a company which makes money by using open source software. Go away. It's less than 0,1%. The rest is a huge distortion of reality. For me personally, I write open source software when I have an itch to scratch and want to do it my way, not to make money, nor to demand things back. The funny thing about the GPL is that it is self-destructive. So we have had these discussions involving GPL (and BSD etc.) before, and always they are populated with foam-mouthed GPL-zealots, talking down on the nasty people, forcing all new developers looking into open sourcing to use something else themselves, devoid of these assholes.

  441. The point of GPL by Anonymous Coward · · Score: 0

    A lot of guys here are asking the wrong question here. GPL is not about the freedom of corporations.
    It all goes back to motivation of the free-software movement: to form a free community.
    And GPL's purpose is to protect the community.

  442. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Back in the real world? It's funny to see a GPL zealot use the real world as an argument for GPL propaganda. Back in the real world start ups don't create fantasy open source software to share with a community. They use it as free ingredients to create products. Back in the real world, they pick BSD exactly because of silly, unreal, foam-moathed arguments by GPL fans on sites like this.

  443. Re:BSD license was always more permissive, so grea by houghi · · Score: 1

    It does not pay forward the users. It pays forward the coders IF they want to distribute their code,

    --
    Don't fight for your country, if your country does not fight for you.
  444. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    No. Analogously, if you need to make a revolution to free the people from violent tyrants, you may use rifles and brick walls, if that is what it will take. That doesn't mean you have to sing praise to rifles or brick walls. In fact, maybe you're policy would be to abolish rifles and brick walls after the revolution, preferring flowers and gingerbread houses, but there might not be another way to fight the power than with rifles and brick walls.

  445. GPL software has limited sale potential by unixisc · · Score: 1

    The post you are responding to did not say one could not profit from GPL code. Nor did it say that you can not charge for distributing it.

    While the FSF does argue that you can sell your code, the things that the GPL does keep you from doing essentially ends up having the same effect as actually limiting what one can charge.

    Let's say some company V writes an HDL simulator and decides to license it under the GPL. As the FSF argues, they can charge whatever they think it's worth. Let's say they look @ the competition - Cadence and Mentor Graphics, and decides to charge something in that range, or an order of magnitude lower. Let's say, for this example, that the price of that software is $10,000.

    Now, let's say that this company sells this software to another company H, that pays $10,000 for this software. Now remember, V cannot, under the GPL terms, prevent H from re-selling the software for any price, or even giving it away for free (as in beer). So H decides to re-coup its costs by re-selling this software to companies K through T @ $1,000, and re-coups what it paid.

    Effective result? V, who wrote that software, could have made $100,000 by selling it to those 10 companies and beyond. Instead, its customer became its competitor, wiped out potential sales @ these 10 and converted ten $10,000 sales to zilch. And downstream, each one of them may wish to re-coup their costs, further branching out so that... So while on paper, V could have made some millions w/ that software, the GPL prevented it from becoming the only authorized seller of that product, making its customers its competition and wiping out potential business.

    The FSF's solution to this? Offer services around this software. In other words, adjust your business model to fit their vision. Oh, and whereas at one time, the FSF would suggest that documentation does not need to be free, now it does, and so even that is not an acceptable activity for a company. Essentially, the GPL is a fine instrument for certain companies to license themselves out of business.

    The OSI understands that companies need to stay in business. The FSF doesn't, or at least doesn't seem to.

  446. [citation needed] Re:Its About the Projects.. by rtfa-troll · · Score: 1

    Do you have a citation for that. Not questioning it as such, but I would like to see one.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  447. Understanding the GPL by Anonymous Coward · · Score: 0

    Basicaly it is this: If you share the binaries, you must also share the source code. That's a very reasonable license.

  448. Re:BSD license was always more permissive, so grea by chrismcb · · Score: 1

    GPL ... it enforces freedom.

    GPL does the exact opposite. GPL forces you to use the GPL license. Which isn't freedom at all.

  449. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    If several big companies cooperate on a project, I don't think any license other than GPL offers the same strong incentives to cooperate. GPL between companies is basically a pact against offense.

  450. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Users don't care about licenses.

    Programmers do. (Or rather, they have to)

    So why annoy programmers with a restrictive license such as the GPL?

  451. Re:BSD license was always more permissive, so grea by whatever3003 · · Score: 1

    The GPL and it's rules cultivates your idea of 'freedom'. If there were no GPL and only the BSD free software as we know it would have stagnated and died before it ever reached critical mass. The GPL isn't going away and talking about it in the past tense won't hurry it on it's way either. Everything has it's place and the GPL was and will continue to be a necessary component in providing a cradle in which our 'freedom' to create, persists.

    --
    "Those who do not want to imitate anything, produce nothing." -- Salvador Dali
  452. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Oracle have burned me three times already.

    Wow. Did I ever tell you the definition of insanity? :P

  453. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    There are no problems with any standard use cases with the GPL.

    If that were true, we would not have had two decades of debate over which of the ever-evolving technologies for combining code constituted links between independent and separate works, thus exempting part of the overall product from the GPL.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  454. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I do note the irony of great sections of the Open Source community talking about freedom of software, the GPL being as restrictive as it is, and they adhering to it. But I think it is important to think of the origins of this, and what it is that compelled people to go the GPL way.
    "Economic warfare" as you so bitterly put it, is a state at which any commercial software developer finds itself by default. "World domination" is the natural next step for any of them that have won enough of those economic battles. I cannot blame anyone who'd think that it directly follows that any counterpart to this must assume a "war" posture if it wants to get a leg up in the world at all.
    I have not experienced this (too much) in my own flesh, but it must have been very harsh and frustrating for developers before the GPL came along and attained a decent foothold on the world to do what they wanted - doors being closed at least for every second idea you have, because some software monger has patented the idea and some code. Now there are more options, thanks to GPL, among others.
    GPL seems to be so well established now, that it is being shot down as if it was a creation paralleling Microsoft and Oracle and, in my opinion, it doesn't deserve it. Maybe it needs to evolve. Personally, I have thought of doing projects under the BSD license, since I find it beter suits the times we live in now. I would guess that GPL has been very good for at least 90% of slash-dotters over the years - do not forget this, even if it maybe (and only maybe) it is slightly outdated.

  455. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    #include <obvious_correlation_causation_fallacy.h>

    Hobbyists used to share their stuff as freeware, and many would provide the source code on request to anyone interested, without anyone's legalese telling them they had to do it. And of course you have things like BSD, which arguably triggered, or at least catalysed, the whole FOSS movement as we see it today.

    Of course that sort of sharing happened much less often in the days when we had to type in programs from magazines or get the source off a cover disk or BBS, but the spirit was similar. If you're going to discuss the widespread adoption of Open Source projects, I would argue that this also coincided with the rise of the Internet, which in turn facilitated much easier sharing of code and ideas than ever before, and that this could just as easily explain everything without any reference to the (L)GPL.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  456. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Holy crap, I started to write a kindly note but your post is moronic enough that you deserve this one instead. See the other posts for information as to why. There really needs to be mandatory community service for writing that magnitude of inaccurate FUD, especially when coupled with a kind of arrogance like you're somehow "schooling us" on the matter, you ignorant slut.

  457. GPL is too long and complicated for me by kikito · · Score: 1

    In my free time, I like to do specialized, small libraries, for other people to use. I do it because I enjoy building something useful, and aesthetically pleasant, in its own way. I find pleasure in knowing that others use what I build to do more stuff.

    MIT and BSD licenses allow me to get over with the legalese in seconds. Copy a file there, and BAM! Everyone will understand how they can use/not use the lib. I will not have to spend time answering legal questions about it in the future - or they will be very easily answered. With the GPL, I can't have that. I have read it several times, and I'm still not able to answer some questions about it.

    I'm not sure a license is the right weapon to win the "fight for freedom" any more. Just like DRM is not the way to fight piracy. Convenience & usability are much more effective tools IMHO. Don't give me a 5-pages length document to read. Allow me to do what I want with one button. Give me a carrot, not a stick.

  458. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    Sorry; I thought we were talking about use cases; not development. Obviously, if you are attempting to circumvent the GPL by distributing proprietary software based on it but pretending it isn't based on it then you are going to have problems. If you have a legitimate reason to do something similar, just give the copyright owner a call and see if you can work it out. Alternatively, just license your software under the GPL and you also won't have a problem.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  459. Re:BSD license was always more permissive, so grea by perryizgr8 · · Score: 1

    they famously do not allow any open source software in their app store.

    --
    Wealth is the gift that keeps on giving.
  460. Re:BSD license was always more permissive, so grea by perryizgr8 · · Score: 1

    gpl furthers only its own prevalance, like a virus.

    --
    Wealth is the gift that keeps on giving.
  461. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    Proprietary licenses are ambiguous too. It's pretty close to impossible to write something that isn't open to interpretation whatsoever.

    I completely agree with you that removing all scope for ambiguity in legal terms is hard. To me, the distinction is transparent motivation.

    If you're going to link with a commercial library, then the library vendor wants you to pay for it. They have nothing to gain from harassing legitimate customers who pay their dues. It's mostly a black-and-white requirement, and you can usually resolve any ambiguity that might exist in advance by simply asking the library vendor how much you need to pay in your particular circumstances. Companies are well used to keeping track of such agreements and of what they have paid for, so there is a clear record and everyone knows what the deal is.

    On the other hand, if you're going to link with something in Open Source land, then the motivation of the people giving it to you is more abstract. The licence includes words like "reasonable" and "customarily" that are deliberately subject to interpretation. Moreover, because you are not directly giving them anything in return, from a legal point of view the contractual situation is completely different. Now the company is necessarily in a legal grey area, which in turn means lawyers and technical people need to do serious risk assessments, take steps to mitigate any fall-out if they do get it wrong in the eyes of a court considering the question later, etc. Or they could just save the fortune that exercise would cost and spend the money on a commercial solution instead, which is what a lot of places do.

    It's probably true that if you're A) planning on distributing the thing you're using GPL code in, and B) not planning to publish your own code under the GPL, you'd probably be best off to check with the lawyers before you do it. But that is far from the only scenario under which a company might use GPL code.

    Sure. I'm restricting my comments to the scenario originally set out by the eric conspiracy in the post I originally replied to. He was talking about including Open Source code in products he was supplying, which I am assuming means we're talking about software development rather than end user products here.

    Which is why I think a blanket ban is silly.

    I think the point is not whether a legal/technical analysis would find using some variation of GPL'd code to be acceptable. Given unlimited time and money to explore the implications for a particular project, it might well do. The point is that the costs to perform that analysis, determine those implications, and risk getting it wrong, are higher than for a typical commercial deal and often they simply aren't worth it. The inherent ambiguity in using the GPL, as I set out above, carries a heavy cost and "prices the GPL'd code out of the market".

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  462. Re:BSD license was always more permissive, so grea by perryizgr8 · · Score: 1

    oh! so now its about the "community". i thought gpl was about freedom, silly me.

    --
    Wealth is the gift that keeps on giving.
  463. Re:BSD license was always more permissive, so grea by perryizgr8 · · Score: 1

    I think a lot of developers see GPL as a "taking my toys and going home" license which discourages free use. If you weren't going to make a million dollar idea with your software, why stop someone else?

    Because you want all improvements to your software to be available in the same way that your software is available, regardless of whether that makes it difficult or impossible for somebody else to make money from it? I.e., because you released the software to make it widely available, in source form, and you want improvements to be equally widely available?

    so you just simply want code that some other guy worked hard on, even if he doesn't want to give it to you.

    --
    Wealth is the gift that keeps on giving.
  464. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    I thought we were talking about use cases; not development.

    I'm talking about the context set up by the eric conspiracy in the post early in this thread to which I originally replied, which I assumed to mean we were talking about development.

    Obviously, if you are attempting to circumvent the GPL by distributing proprietary software based on it but pretending it isn't based on it then you are going to have problems.

    My point is that, particularly in the case of library-like code, "based on it" is often ambiguous. As new ways to connect code together evolve, it is not necessarily clear even whether the original authors who chose a GPL-family licence would approve of a particular usage, and certainly not clear whether the licence legally permits it. This sort of uncontrollable risk is anathema to lawyers, and therefore many businesses will simply walk away rather than risk any contact with GPL-infected code (or spend a lot of time and money checking out the implications for each specific project before approving the use of that GPL'd code).

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  465. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    So maybe the FSF should go on a public relations campaign to explain the GPL so that lawyers aren't afraid of it.

    It won't make any difference. The only thing that matters is the words in the licence. Once they've finished writing the licence and other people start using it, the FSF's opinion or interpretation is irrelevant, and every lawyer knows this.

    It might be the antidote to all the FUD people spread about it.

    The thing is, there is uncertainty and doubt in the GPL. It's specifically written that way. For example, the GPLv2 uses several words that lawyers choose very carefully to leave scope for interpretation in individual cases, the exact meaning of which in any given case will be determined by a court if necessary.

    That style might match the philosophy of the FSF/GPL crowd very well. It might work effectively for the kinds of project they are hoping to support, where everyone is obviously compliant and happy to share all of their own code under the GPL anyway. On the other hand, it creates genuine legal concerns for businesses who need to know exactly where the boundaries fall, and there are consequences to doing that.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  466. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    Because you want all improvements to your software to be available in the same way that your software is available, regardless of whether that makes it difficult or impossible for somebody else to make money from it? I.e., because you released the software to make it widely available, in source form, and you want improvements to be equally widely available?

    so you just simply want code that some other guy worked hard on, even if he doesn't want to give it to you.

    No. The "other guy" simply wants to use some GPLed code its developer worked hard on, and not release his changes to that code under a GPL-compatible license, even if the code's original developer wants him to. The original developer is, probably, quite happy for the "other guy" not to work on the code in the first place, and thus not to have any code of his own, if the "other guy" isn't willing to make his work available under the GPL.

  467. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    Okay; I guess your use of the word "use" was ambiguous and I got the other meaning of it. As I read Eric when he says "to use any open source code in the products I supplied" he would even mean e.g. including an open source "ls" or "ping" utility bundled in the product but even where there was no derivation from it. Please be a little more careful with these terms since there's lots of FUD being spread around about the other case.

    I kind of agree with your point in many cases. If the original author meant the code to be built on top of by non GPL software they should have used the LGPL. To be honest I can't really see that the cost of sending an email to get clarification about a specific case is anywhere near as high as the cost I see when bringing in any other proprietary software element. That's what I would do. Otherwise, just do the simple thing. GPL the code which is on top of the GPL utility and use open / clearly independent interfaces to other code such as sending out a flat file over a pipe.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  468. GPL means "no libraries" in modern languages by GeekDork · · Score: 1

    The GPL traditionally can't deal with any language "above" assembly and maybe C. As soon as a language allows "modern" features like generics or even crazy stuff like open classes, it becomes impossible to draw a clear line between projects. This effectively means that GPLed code really becomes a fast-spreading plague.

    Stuff like the Asshole GPL don't really help acceptance, creating infection vectors across service boundaries.

    All in all, it was fun while it lasted. Some highly encapsulated projects like the Linux kernel may stick with an old, benign version of the license, but it doesn't have a future in today's environment.

    --

    Fight hunger. Filet a politician and send him to a 3rd world country of your choice.

  469. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    The reason for why you think so is most likely because there's only one GPL (2, if you count versions as different licenses), while there are hundreds of EULAs.

    Most EULAs I've read (yes, I read them) are straight-forward. Once you browse through the chapters only containing the mandatory paragraphs (blahblah, henceforth referred to as "the company"), the remaining paragraphs actually describing something useful are quite small.

    However, I am still most familiar with GPL, simply because I've read it more carefully and because it's so popular. It's not that different, complexity-wise, than most EULAs.

  470. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I have heard of this argument that everything that touches GPL is and also must be GPL but that legally is just not true, simply because of the law of Intellectual Property people forget that property not given freely cannot be taken away by another persons interpretation of a legal concept.

    Just because some one prints, "Echo" holy batman the sky is purple, does not mean in fact that the sky is purple, what it means is that someone might say that, because they are free to say what they want to say but opinion is not law.

  471. Re:BSD license was always more permissive, so grea by cgomezr · · Score: 1

    GPLed software is usable by some developers - those who, for whatever reason, have no problem giving source away. It's not usable by those who do.

    Wrong. I'm a developer of BSD-licensed software which is freely available on the internet, so obviously I have no problem giving source away. But I can't use GPL code in my software unless I'm willing to change the license, which I'm not.

  472. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    That would be a nice theory except for the fact that open source was the norm in the 1950s and 60s. The internet, 1973, coincides with the collapse of open source as a norm. If you mean the mass use of internet for home, 1995/6, your problem is the modern open source movement takes off in 1994 with LAMP. The next phase of it takes place primarily in corporations. Open source for home never really takes off. Corporations had networks prior to 1995/6.

    So no I don't think networking is the cause. As for BSD, BSD came out in 1977. BSD was part of the whole move of universities creating code which corporations put in their proprietary Unix products that were closed source. You can argue that BSD was part of the open systems movement, i.e. shared standards but I see no evidence it had anything to do with open source, open source was collapsing into irrelevance under BSD. Which BTW is precisely the GPL argument that the BSD license leads to widespread adoption of extended versions with closed copyright.

  473. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    You are right. OK so statutory minimums aren't a problem.

  474. Re: substitute "BSD license" for "GPL" by roguegramma · · Score: 1

    I would consider any of these
    http://www.opensource.org/licenses/
    an open source license, since others do.

    Yes, BSD can sometimes be substituted with the GPL, since it is more permissive, and by that I mean that you can do more with BSD licensed source code, for example merge it with business source code in one binary.

    However, the same is not true for program binaries distributed under the BSD license, because these may contain components that you will not get a license for.
    So, if you want to improve a binary that includes BSD as a customer, you are bound to violate licensing terms.

    The BSD license is not the main target of my arguments in the previous post, but other licenses are, which are completely incompatible with the GPL, both regarding source and binary.

    The GPL concept comes from a time when a few companies like IBM, which were used to selling "big" mainframes, also owned the software on these machines. If these companies had successfully cornered the personal software market, even more people still would be stuck in using proprietary software.

    --
    Hey don't blame me, IANAB
  475. Hurry Grab a shovel and lets bury this thing... by Anonymous Coward · · Score: 0

    I work with a large company that would not touch GPL with the proverbial ten foot pole, not only because its language is faulty and does not comply with existing legal concepts but because it seeks to take away the rights of others, any license model that seeks to take away another persons Intellectual Property and thus his mind by implication, is Evil.

    I fully realize that some people think that GPL is the God of the universe, and bow down before it daily, however, it is not what we do nor what we say we will do it is how we live every day that his what defines us, If I choose to apply my Intellect, to a project that should be my choice, if I decide to draw the line and say this far and no farther, I have that right you cannot forcefully take it from me, because it is a product of my mind.

    To say that something becomes a part of the whole because it is touching the whole is ignorant and oppressive.

    It seeks to rob the user of their choices, in favor of some weird "mission" that no one fully understands, after all have you read the thing, I mean really read and understood every word every line, every concept that the GPL seeks to repress and oppress its theory and views of life upon the masses.

    Electronic Socialism, is what this is and everywhere this theory of socialism has been tried it has failed.

    When the Wall came down people cheered, they watched as years of oppression came crashing down, I will also cheer when GPL dies and can I say lets get a shovel and bury this thing because it is stupid to keep something around that is so complex that no one fully understands it, even those that wrote it do not understand it, when the good do nothing evil triumphs, GPL is evil in that it seeks to take away the rights of others.

    Intellectual property is not free, it is the mind that is free.

    Free to dream, Free to create new thoughts and concepts, when you say join us or die, is it not the same as give me your mind and the contents thereof else you die? I know it sounds crazy yes and of course it would, but is that not what GPL is really all about, taking away the right to do as we would do.

    Freedom is about choices, people make them every day, in life in love in liberty, we have a choice, we can choose to eat a certain meal or drink a certain beverage, imagine a world where, you could not choose to drink the beverage of your choice, because someone else decided for you that you had no choice in the matter.

    What if someone said, sorry but it is no longer allowed that you can drink a beer, it is become part of the whole and so therefore it is now the property of the whole.

    "Resistance is futile, you will be assimilated?" The droning insistence, of the robot mentality, Truly the GPL is the BORG, and what they seek is evil.

  476. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1
    The article mentioned isn't what we are discussing, at least directly, in this thread. We are discussing this assertion by InsightIn140Bytes. If you have a beef with this thread talking about GPL only, have it with him.

    Next point:

    Distribution is most certainly involved in using the software - if you didn't receive it, how can you use it?

    No, distribution is involved in distributing the software. Otherwise, every Internet network involved in allowing me to access the software is bound by its license terms. And that doesn't happen. Your logic fails again, sorry: "a implies b" doesn't mean "b implies a". Having a distribution chain so I can use something doesn't mean the distributors use it. Once again, does eBay use an item when they only intermediated between the vendor and the buyer? How, if the item never was in eBay's posession?

    So, restrictions on distribution most certainly affect use.

    They affect _your_ use. The distributor never opened the box, never used the software in it, possibly never even had access to it.

    Oh, since GPL is a dead end, I guess all that GPL software like the Linux kernel, Gnome, KDE or Qt will magically disappear and be substituted with something else. Keep on wishing.

  477. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Apple requires that someone submitting an app have either:

    1) Copyright
    2) A valid license which allows them to grant permission to Apple to redistribute per the app store mechanism.

    You have to be legally entitled to grant Apple permission to redistribute. That is the law and has nothing to do with open source. Most people creating GPLed versions of apps don't have either (1) or (2). The FSF and Apple both agree the app store mechanism does not comply with the GPLv2 so people don't get (2) from the app being GPLed they need copyright or another license.

    I'm not sure how Apple is fighting open source here. They are unable to comply with the terms of the license and thus are fully honoring the license by failing to redistribute. A copyright holder would be absolutely allowed to distribute a GPL app from the Apple Store.

  478. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    It doesn't AFAIK. At most you could consider the license termination clauses which forbide you from conveying the software to other users either in original or modified form unless you comply with the license. Since distribution isn't use, I consider it isn't covered. You can do whatever you want with the code as long as you don't turn copies of it to other people: it is then when you need to check compliance.

  479. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    How you are not "repeating" what others say when you sell the software they made, even if modified? GPL allows me, when I buy GPL software from you, to repeat (read publish/sell) what you have "said" even if you don't want me to, the same right you had when you received it. GPL doesn't force you to repeat anything: you can use your GPL software in-house and never tell anyone about it.

  480. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    GPL3 specifically does not allow what you are proposing. ALL modified code but be sent back. Even code you only use for internal projects. (GPL2 can be used the say you are saying. See Tivo, Google, etc...)

  481. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    Please stop putting words in my mouth. "FTFY" is just a sign that you are unable to argue coherently without changing the argument you're replying to.

    --
    Disinfect the GNU General Public Virus!
  482. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    If the user doesn't want to have code he can't modify, then he has other options. Similarly, if the user wants to have code that functions better for him and doesn't care about the right to modify it, he has the right to make that choice - a right the Stallmanites would deny him.

    --
    Disinfect the GNU General Public Virus!
  483. Real men dedicate to the public domain by retiarius · · Score: 1

    Granted, this is more difficult post- Berne Copyrigt Convention.

  484. Re:Don't be stupid by Anonymous Coward · · Score: 0

    Webkit was built by Apple. It did not exist before Apple. Some of the core libraries were forked from LGPL code produced by the KDE project, KHTML and KJS. Apple was under no obligation to open source Webkit. Only the LGPL libraries they used. The original fork was made in 2000. In 2005 then open sourced the whole thing under a mix of LGPL, (for code which was already LGPL,) and BSD for the rest of the code.

    Ultimately, even KDE themselves switched over to fully support WebKit instead of their own KHTML.

  485. Re:BSD license was always more permissive, so grea by icebraining · · Score: 1

    Users/coders is a false dichotomy.

    Original Devs -> Redistributors -> Users.

    The GPL forces the Redistributors to pay forward the rights to the Users they got from the Original devs. Whether those Users are coders and/or redistributors is irrelevant.

  486. Re:BSD license was always more permissive, so grea by myowntrueself · · Score: 1

    Tangent: when they did switch, the democracy was apparently under immediate attack. Some UK newpaper barons from neighbouring island (the Barclay Brothers, who own the Telegraph newspaper) threw their weight behind the democracy campaign and put up a candidate. They have subsequently been accused of using their muscle as a local employer to punish and manipulate the population (who voted for someone other than the Brothers' preferred candidate). A thoroughly surreal situation and bizarre to think of a state the size of a very small town / large village immediately under attack by commercial interests and pressures!

    Thats exactly what democracy does; it empowers commercial interests (especially media) to take control of government. Virtually all democracies are immediately subverted by corporate control over the means by which the population forms opinions on how to spend their vote. Democracy is the favored form of government in capitalism because it places political control alongside control of capital.

    --
    In the free world the media isn't government run; the government is media run.
  487. Re:BSD license was always more permissive, so grea by myowntrueself · · Score: 1

    In a democracy, the politicians who are voted for are not the people who are in power. The people who are in power in democracy are those who arrange for favorable or unfavorable media representations of those politicians.

    The act of voting in a democracy changes nothing, in terms of the distribution of political power. It is pure theater. Not because voting for this or that political actor wouldn't change anything but because to bring about real change via vote depends on statistically significant numbers of people acting in concert. But advertising -- media manipulation of public opinion -- works just as well for political parties as it does for soft drinks and fast food. People are, in general and en masse, highly susceptible to suggestion.

    Any political actor who might bring about political change which 'the media' would not like are effectively destroyed by either negative advertising or lack of positive advertising.

    --
    In the free world the media isn't government run; the government is media run.
  488. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    This is a BSD vs. GPL argument about which license better promotes code freedom. You are making a different argument which is about commercial vs. open source that end users should have the right to use closed source code that accomplishes their objectives. I think most people agree with you. I also think that is entirely irrelevant to the discussion of whether the BSD or GPL license better promotes code freedom.

  489. Re:Don't be stupid by tomhudson · · Score: 1

    Try again - the GPL is most definitely a contact of adhesion. Licenses are contracts,

  490. Re:BSD license was always more permissive, so grea by icebraining · · Score: 1

    I've never heard of any virus that asks if you want to be infected. You're free not to redistribute any GPL licensed software.

    By the way,

    (...) viruses helped make us who we are today just as surely as other genes did. I am not certain that we would have survived as a species without them.

    http://www.newyorker.com/reporting/2007/12/03/071203fa_fact_specter

  491. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1
    That's okay - I've discovered several loopholes in the GPL, including one that allows almost any program to use GPL code w/o violating the GPL license :-)

    And no, my problem with Stallman is that he's a liar and a hypocrite.

  492. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    That's okay - I've discovered several loopholes in the GPL, including one that allows almost any program to use GPL code w/o violating the GPL license :-)

    {{citation needed}}; and I mean a citation of someone actually willing to do it and stand up and say that they're doing it. There have always been loads of speculation about ways around things, but all of these have failed when they actually came into real use. Take for example the people who said that busybox's license was invalid.

    BTW. The obvious loophole is to provide a program which fully exposes the library as a program with a completely open interface and can be linked in to equivalent proprietary libraries (to demonstrate that it isn't really depending on specifics of the internals of a GPL like piece of code). I would not call this a loophole but actually a contribution but others might see this differently, so if that's your case I won't argue.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  493. Re:BSD license was always more permissive, so grea by hairyfeet · · Score: 1

    Funny you should mention that because what really turned me off of RMS was his fawning over communist leaders and talking about "software freedom' in places where strongmen like Chavez would happily crack your head in for actually asking for REAL freedom but to hear RMS tell it these places were paradises.

    I have to wonder after reading some of his treaties about how his ultimate goal is to completely destroy all proprietary software that old RMS doesn't actually believe a communist utopia is possible. After all having true freedom means having the right to choose something that others may not like but RMS makes it clear you shouldn't have THAT freedom, only the freedom to use "free software" that fits HIS definition of free.

    Like I said when the man is so damned militant he first tosses the Wifi in his OLPC because it has non free firmware before ditching the OLPC completely because its BIOS isn't free enough, only to replace it with some uber rare Loongson (who is sponsored by the Chinese government BTW) netbook because according to him that is the ONLY device on the planet that meets his definition of free? Well I have to think the man has gone so militant that including him in discussions about the future of FOSS would be like calling Fred Phelps to be a part of a conference on inter-faith cooperation. And of course there is this video which shows as the man gets older he is obviously getting a little...off. I mean seriously doesn't he realize that video is a MSFT salesman's wet dream? He makes the whole FOSS movement look batshit!

    --
    ACs don't waste your time replying, your posts are never seen by me.
  494. Re:BSD license was always more permissive, so grea by Burz · · Score: 1

    RMS is a militant and seems to get more militant as he gets older

    You have a point, but I wouldn't lay (all or most of) the blame for militancy at RMS' feet. Its the commercial interests that have escalated the conflict. And not "only just"... they are doing it in spades.

    You can say that GPL adoption is "going down the shitter" or can say equally that its emerging from a fad that led to a lot of abuse.

    Life simply isn't black and white and when even Torvalds won't use GPL V3 because its too restrictive...

    blah blah blah

    Got your breath back yet? Torvalds is an example of why you are overreacting. The Linux kernel is still doing fine with GPL V2 and there is no harm by adding V3. In a black and white world, there would only be proprietary and BSD-like licenses.

  495. I detest the morality / philosophy behind GPL by ibic00 · · Score: 1

    GPL advocates itself as the agent of "freedom". However, what it brings is nothing close to freedom as far I can perceive - once you use GPLed code, you have no "freedom" what to do with your own code, but to make your code open-sourced, even in the case that large portion of it is completely unrelated to the GPLed code you've used, and what's more, your contribution is automatically GPLed, which makes the beast stronger, even you don't like or may even hate that. To me, it's "subjective-morality-enforcement" - forcing others to accept and comply what *you think* is right. Well, it is completely your freedom to believe that "Every piece of software should be open-sourced.", but you should not force others to accept and believe that philosophy, because it's subject to debate at least (while I personally think that statement is wrong). You _can_ use GPL as a weapon to achieve what you believe is right just as you can use AK47 to kill somebody who you think deserves bullets, but to say doing that is for "freedom", is absurd and hypocrite to me.

    1. Re:I detest the morality / philosophy behind GPL by Todd+Knarr · · Score: 1

      once you use GPLed code, you have no "freedom" what to do with your own code

      This is false. You have every right to do whatever you want with your code. Your problem stems from the fact that the GPL'd parts? Aren't your code. You don't want the freedom to do whatever you want with your code, you want the freedom to do whatever you want with someone else's code and you're annoyed that they won't give it to you for free.

      If the GPL'd code is such a minor portion it should be easy enough to not use it, or to go to the owner and negotiate a non-GPL license to it (most authors of GPL'd software aren't morally opposed to giving you a conventional commercial license if you're willing to pay for it).

    2. Re:I detest the morality / philosophy behind GPL by Guy+Harris · · Score: 1

      This is false. You have every right to do whatever you want with your code. Your problem stems from the fact that the GPL'd parts? Aren't your code. You don't want the freedom to do whatever you want with your code, you want the freedom to do whatever you want with someone else's code and you're annoyed that they won't give it to you for free.

      If the GPL'd code is such a minor portion it should be easy enough to not use it, or to go to the owner and negotiate a non-GPL license to it (most authors of GPL'd software aren't morally opposed to giving you a conventional commercial license if you're willing to pay for it).

      And, of course, you have the freedom not to use the GPLed code in the first place, which is what you should do if you don't want to put your code under the GPL. It might be inconvenient or expensive to avoid using the GPLed code, perhaps prohibitively so, but that's not the problem of the GPLed code's author.

  496. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    GPL is about imposing restrictions ON THE USE OF THE CODE for everyone in the distribution chain.

    And that is false. There is one restriction on distribution, and none on use. You don't use software when you distribute it. Please remember that.

    Since running a program makes a copy in memory, the GPL most certainly kicks in on use.

  497. Re:BSD license was always more permissive, so grea by rtfa-troll · · Score: 1

    I'm not putting words into your mouth; precisely the opposite. I'm showing something you would obviously never say because it makes it clear how wrong your argument is. There is no such thing as absolute freedom. Your freedom to play with chemical weapons inhibits your neighbour's freedom to live. A developer's freedom to close up a license inhibits his user's freedom to fix the code in the user's system. A slaver's freedom to keep slaves inhibits the slaves freedom. Everywhere we need to trade freedom of one person for freedom of another and the GPL is an excellent tool for doing that. Overall, because many more people use software than develop it, it increases freedom. Even in the case of developers, it doesn't decrease any freedom except their freedom to reduce other people's freedom. The developers can still write any software they want.

    Allowing people who don't know about software to buy software without the source code harms those people. Allowing a market in which most software is sold without source code harms everyone. We are starting to run into lots of problems where old software written by dead people ends up needing mission critical patching.

    Furthermore, if you are the original developer of the code there is everything to gain and nothing to lose from going copyleft; if you want to grant broader licenses or more possibilities to some people you can always do that later. If you realise, like the developers of Wine, for example, that allowing people to close your code was a mistake, it's very hard to take back later. For that reason projects should always start with AGPLv3 and then choose other licenses later only if they find a real benefit from doing so.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  498. Re:Don't be stupid by Burz · · Score: 1

    That's wrong because the GPL only spells out the copyright terms of the work. It does not restrict usage of the work.

  499. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    Please learn the difference between "you're" and "your", mkay?

  500. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    The GPL won't be around in 20 years. Even Linus has said he expects Linux to be replaced with something else. And let's face it, all those other examples you give? Not even 1% of the market, and declining. And Qt IS crap.

  501. Re:Don't be stupid by tomhudson · · Score: 1
    A contract is an agreement that is intended to be enforced by law. A contract of adhesion is a contract where one party sets the terms, and the other party either accepts or reject them - there is no negotiation of the terms. The GPL is a contract of adhesion. It spells out the terms of distribution.

    People make distribution contracts all the time - wholesalers, distributors, whatever - none of these has anything to do with the final usage of the product - they're distribution agreements. Contracts. Same as the GPL is an agreement on the terms of distribution.

  502. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1
    Runtime linking is one such loophole, when the linking is done by the OS and not by the program. The program does not itself link to the other code - the OS is performing the actual linking, so as long as you don't distribute the two pieces of code at the same time, or you can show that it can also call other code, so it's not exclusively dependent on that relationship, you're good to go. Your program can request the code be executed, but it is up to the OS to do the actual loading, jump address calculation, execution, and returning the results.

    Second, every program that uses a runtime, since there is no linking in such cases (this includes java class files, since there is no "edit-compile-link" cycle - it's just "edit-compile"). This is easily proven by writing 2 classes, on of which calls the other (for example, to show a dialog). Edit the second class to change the dialog, for example, to be larger, a different color, and have different contents. Now run the first class again - it continues to run fine, but calling the new code instead. This demonstrates that no linking was ever done between the two classes. It's all just the runtime using the classes as raw data.

    The third way, of course, is to get the original authors to change their licensing, or, where they have assigned the copyright to either the FSF or gnu, to demand it be returned because of fraudulent inducement. It's easy enough to demonstrate that the benefits Stallman promised have not materialized.

  503. Re:BSD license was always more permissive, so grea by perryizgr8 · · Score: 1

    but ms has made special provisions for open source apps. so you can put up gpl'd apps on the in phone app store. apple could have done something similar, but chose not to.

    --
    Wealth is the gift that keeps on giving.
  504. Re:BSD license was always more permissive, so grea by Branciforte · · Score: 1

    Um. No. The vast majority of software used at Google was written by Google engineers. Google does use linux workstations for development, a linux kernel in the datacenter, and open sourced compilers. That's about it. They contribute changes back to the community where it makes sense. In the case of the datacenter kernel, the changes would be of no value to the community at large, since they are targeted at a VERY specific environment.

  505. Re:BSD license was always more permissive, so grea by TheRaven64 · · Score: 1

    Well, there's the AGPL for that

    Nope, that only applies for customer-facing things. If Google takes, say, the Linux kernel and adds a filesystem driver and some performance optimisations, and runs it in their datacentres, then there is absolutely nothing in GPLv2 or v3 requiring them to share the code with anyone. As the author of the original code, you would get nothing: no money, no code.

    --
    I am TheRaven on Soylent News
  506. Re:BSD license was always more permissive, so grea by hawk · · Score: 1

    Sure.

    With a BSD car, you can give put in a fancy carburetor and give someone a ride. You can even sell them the car later!

    With a GPL car, you can still soup up the carb, but if you give someone a ride, he gets to keep the cr. :)

    hawk

  507. Re:BSD license was always more permissive, so grea by colinrichardday · · Score: 1

    I knew Microsoft used the BSD network stack, but I didn't know Microsoft used the MIT graphics library. Thanks.

  508. Re:BSD license was always more permissive, so grea by hawk · · Score: 1

    In today's news, microsoft was hit with a CentOs bullet aimed directly at its heart.

    MicRosoft is reportedly quite irritated about having to straighten out a fold in its silk pocket handkerchief that was missed by the bullet.

    hawk

  509. Re:BSD license was always more permissive, so grea by TheRaven64 · · Score: 1

    You spend a million hours creating a great program, call it Foo, and you release it under the BSD license. Someone like Microsoft comes along, takes Foo, improves it a little bit, calls it FooBar and distributes it as a binary without publishing any of the code

    Your reasoning ignores the fact that off-the-shelf software is a tiny niche - it's responsible for employing about 10% of software developers. For most types of software, there is no Microsoft. There is no big company that will sell you a license to use an existing product. There are, however, lots of companies that will look at your business needs and provide you with some software that addresses them.

    The GPL does nothing to protect you from this kind of competition. Let's say you release an improvement to the Linux kernel or a piece of GPL'd software that runs on Linux. When someone wants a Linux-based system, are they likely to go to you, or to a company like Red Hat or IBM? These companies will happily take your code, modify it, and charge their customers for the modifications (actually, charge the customer for the finished product, but typically less than they'd charge for writing it from scratch). The customer then receives the code under the GPL, but has no obligation to share the modifications with you, or with anyone else - indeed, if they give the provide a competitive advantage then they may persuade Red Hat or IBM to keep the modifications private.

    All the GPL does for you here is stop you getting in the door at a lot of companies, who won't touch your code at all because of the license, but would happily use (and contribute back changes they make to) a BSD licensed project.

    --
    I am TheRaven on Soylent News
  510. Re:Don't be stupid by TheRaven64 · · Score: 1

    their contributions to GCC to handle Objective-C

    This was NeXT, and it is a case study in the failure of the GPL. Initially, NeXT released their Objective-C front end as a binary-only front end for GCC. The FSF threatened them with lawyers and forced them to release the source. There were just two problems:

    • They didn't release the Objective-C runtime, so the compiler was actually pretty useless by itself.
    • The code was shockingly bad.

    Unfortunately, after trumpeting the 'success' of the GPL in forcing NeXT to release the code, they were forced to integrate it with GCC or lose face. They then hacked in some ugly changes to support their own runtime (changes which NeXT / Apple imported into their own branch). If they'd started from scratch and written their own Objective-C front end (which was only about 10KLoC back then), then they'd almost certainly have ended up with better code.

    --
    I am TheRaven on Soylent News
  511. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Whoever modded this insightful should grow a clue. The GPL in no way prohibits profiting from code, it only prohibits the distribution of binary-only code. If the parent was following that line of reasoning, he should have made it explicit, even if that would have exceeded 140 bytes. Besides, "free code" is doublespeak and I wish people would stop using it. You have gratis code (BSD) versus liberated code (GPL).

    On-topic: I think much of the trend is because of an aversion to law. I stamp GPLv2+ on everything I write, but I have no intention of ever lawyering up to defend my code. Releasing as BSD-like would make that more explicit (social enforcement vs legal enforcement.), and would probably increase the attractiveness of the code from a business point of view. But that deterrent effect is exactly why I keep using GPL: if you need a team of lawyers to figure out how to best make use of my code, I'd rather you do not use it at all.

  512. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    Since the GPL specifically lets you make verbatim copies (as long as you don't distribute them), GPL doesn't restrict your use of the software when you run it (making a copy of it in memory, as you say).

  513. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    Your comment is interesting in two ways: what it answers (would you please reference Linus' assertion?) and what it doesn't (everything else). Excuse me for not trusting your expert opinion on software quality, by the way ;)

  514. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    except a company which decides to use and modify open source software without giving back does not revoke anyone else' right to the code

    Oh yes it does: their customers are on the short end of the stick.

    Really, people. These discussions are over twenty years old. You'd have thought that everyone understood the basics by now: the GPL enforces freedom for the end user, not whatever intermediate schmuck you perceive yourself to be.

  515. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    The GPL does nothing to protect you from this kind of competition. Let's say you release an improvement to the Linux kernel or a piece of GPL'd software that runs on Linux. When someone wants a Linux-based system, are they likely to go to you, or to a company like Red Hat or IBM? These companies will happily take your code, modify it, and charge their customers for the modifications (actually, charge the customer for the finished product, but typically less than they'd charge for writing it from scratch).

    Red Hat or IBM can do exactly the same thing if you distribute your code under the BSD license, so how is that supposed to protect you any better?

    The customer then receives the code under the GPL, but has no obligation to share the modifications with you, or with anyone else - indeed, if they give the provide a competitive advantage then they may persuade Red Hat or IBM to keep the modifications private.

    OK...so you're what, promoting the Affero GPL then?

    All the GPL does for you here is stop you getting in the door at a lot of companies, who won't touch your code at all because of the license, but would happily use (and contribute back changes they make to) a BSD licensed project.

    If your intent is to contribute back changes, there is no disadvantage to the GPL. If your intent is to not distribute your changes whatsoever, there is no disadvantage to the GPL.

    Is it your argument that companies irrationally believe the Microsoft propaganda about the GPL, and for that reason nobody should use it? Because my response to that would be that we ought to help those companies overcome their unjustified fear, uncertainty and doubt.

  516. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    As for myself, the few not too popular GitHub projects I work randomly with, are licensed under Apache license as I don't even expect to get anything back. Rationale for such decision is the fact I am not even trying to develop 100% "out of box" working libraries/applications that were ready for commercial usage. But instead keep them on simple "proof-of-concept" -kind of level - and most importantly - do testing on only one device I happen to develop on.

    Now, if someone finds my code usable, it requires quite much work before releasing it as part of a commercial application. And I see absolutely no reason why this hardest, and most time consuming, part should be pushed back for everyone to use. My part includes only something I find interesting to do research/testing on during my spare time.

  517. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    I know, those pesky anti-DRM requirements sure make it hard to squeeze your users for money.

    It's not just that - DRM really doesn't work in corporate software and isn't a major issue. The core issue is the one that's been there all along, which is the viral nature of it. So you get the insanity of, "here's this great, 'free' way to render widget x, which we can't use because then we'd have to FOSS the entire project, so we'll have to reinvent the wheel instead."

    Since we rely on software that we've gotten that has proprietary licensing, and we can't release that because we don't have the rights to do so, we're effectively locked out. You can't be 99% proprietary and 1% free in Stallman's world, even if you're not making any real modifications to the GPL'd work. You want to use it as-is, no mods, no forks, just get something in there that works and does what it is supposed to do. Too bad, it's GPL'd, it is freewalled, and you get to reinvent the wheel or pay someone else to reinvent the wheel the moment you incorporate that code.

  518. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Sorry but your post does not make any sense. If any company decide to use MIT code then that is fine. If they improve it internally but do not give it back then they can do that but they will either have to permanently fork it and lose any improvements to the MIT version or they will have to continually patch their modifications back against the MIT source tree. Even then they don't 'own' their code which can have legal ramifications down the road, for example if they decide to release a version in Android. The fact you think it locks users into their services is clueless, do you know anything at all about software?

    Your example is incredibly poor. Open sourcing the client makes sense as then it can be ported to different platforms. They may not open source the server side code but the data is encrypted using standard RSA asymmetric and AES symmetric algorithms. As they keys will be stored client side you have all you need to prevent lock-in of your data. If you register for services using an email address then, er, yes, those services will expect you to have that email address. If you wish to change then simply create a new email address, and log into each service and change the registered email address. But you are obviously too lazy to do this.

    Marcin

  519. Re:BSD license was always more permissive, so grea by Hognoxious · · Score: 2

    In this context, while obviously we're talking about economics rather than law, the same basic idea makes sense

    No it doesn't, any more than the rules of soccer apply to tennis.

    In legal usage - the only correct one - the meaning boils down to "why did they write it, then?". So if a law states that you may drive the wrong way down a one-way street if it's blocked, and you do cautiously yada yada yada, that implies that there is a law stating that you may not drive the wrong way down a one way street; if there was no general prohibition there'd be no need for a specific permission.

    This is obviously not the same as claiming that the existence of black swans somehow strengthens the assertion that all swans are white. It does quite the opposite.

    Pity google doesn't supply understanding. Shall I drop you a new shovel?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  520. Re:BSD license was always more permissive, so grea by rtkluttz · · Score: 1

    Actually it is. The consumers of code are the ones who are hurt. Look at Tivo and how it corrupted open source. Free and Open code should remain free and open code. Period. The heart and soul of open source is protection of the CONSUMER freedom, not the creators who will always want to artificially cripple software and monetize every feature possible and sell those crippled features back to you.

    --
    Digital is, by definition, imperfect. Analog is the way to go.
  521. Re:BSD license was always more permissive, so grea by unixisc · · Score: 1

    That's not what it actually means at all.

    The fact that people defending the commercial viability of GPL'd software always trot out the same tiny number of examples is incredibly telling.

    In 'The Sign of Four', Sherlock Holmes said to Watson 'I never make exceptions - an exception disproves a rule'.

  522. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    It's mostly a black-and-white requirement, and you can usually resolve any ambiguity that might exist in advance by simply asking the library vendor how much you need to pay in your particular circumstances.

    Which is really where the double standard comes in. Why can't you do the same thing, and send an email to the developers of the GPL'd package asking whether your specific use case is acceptable? I kind of doubt they would have much luck accusing you of violating the license by doing the thing they explicitly told you wasn't a violation of the license.

    In addition to that, you're essentially arguing that companies have to perform due diligence if they want to use the GPL but not otherwise. That is probably not a good idea. If there is enough money on the table that a screw up is going to cost you big, you're going to want to break out the lawyers regardless of the license. There is plenty that can go wrong, not least of which is that the company you paid to license it had itself licensed part of it from someone else, and you've suddenly got some third party coming after you out of nowhere. Conversely, if you're doing some small potatoes thing, I'm not sure why you feel it's necessary to do more than clear it with the developers ahead of time.

  523. Re:BSD license was always more permissive, so grea by 3dr · · Score: 1

    You realize we're talking about source code and not human rights, right?

    There is a distinction.

  524. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    GPL does allow almost all businesses to use and profit from the software. Unless they are in the software industry of course.

    Why allow a hairdresser to profit from GPL'd code, but not a programmer? It's arbitrary, unfair and unhealthy for the community.

    After years of working on GPL code, I now put it in the same category as media companies, happy for me to watch a game on free to air tv, but god forbid I watch it on YouTube.

    I would much rather some company use my code and not contribute anything back to the project, than not use my code at all.

    To make matters worse, derivative code must also be GPL and license changes require permission from everyone who ever committed code, even if their code was refactored and thrown out years ago. Getting hold of everyone in a large project is hard. We have been working on it for almost 2 years now, and still haven't reached everyone.

    My newest open source project is public domain (unlicense). I had to turn down tens of thousands of lines of code, all written by a close friend of mine, because legally it might (i am not a lawyer) be derived from other GPL code.

    It will take me a year or so to implement all the features I could just copy/paste if it was in a permissive license. But it's worth it, because I don't ever want to commit another line of code to any GPL project. Years of doing so have burned me.

  525. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    Except it doesn't work that way in the real world. Instead of profiting from my work and contributing back, they always choose not to touch my work at all.

    As far as they are concerned, it is worse than closed source. At least if my work was closed they could pay a few hundred grand for a license. But if it's GPL they need permission from everyone who ever committed code (all but impossible for a 15+ year old project). Or they have to release all their own intellectual property under GPL. Tip: they are not going to do either.

    Even companies who are perfectly happy to report bugs, submit fixes, or even contribute hundreds of thousands of lines of code, will almost always choose not to do so if it's a GPL project, but if it's a permissive license or closed source, they can do all that.

  526. Re:BSD license was always more permissive, so grea by unixisc · · Score: 1

    Sure they can! It's only if they distribute it that they have to expose its innards.

  527. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    What? How come every single time GPL comes up everyone automatically assumes that there is a clause that forbids you to profit from GPL-ed projects?

    Sure, you can profit from GPL'd code. As long as you don't profit from code written in any other license (proprietary or open source).

    If you are a hairdresser, you can profit from gpl'd code. If you are a tech support company, you can profit from gpl'd code. But if you sell games for all the iPod touches sitting under a christmass tree right now, piss off. You can't use our gpl'd code.

    Even open source projects in other licenses aren't allowed to use GPL'd code.

  528. Re:BSD license was always more permissive, so grea by TheRaven64 · · Score: 1

    Only if there is a single owner. Most non-trivial projects have multiple contributors. I've released code under an MIT license and had some fairly significant improvements contributed back. I am free to use the resulting version of the project in any way I want. There are no restrictions on what I can do with it. If I'd GPL'd the original, then people would have given me GPL'd patches and I would only have been able to use the improved version in accordance with the GPL, although I could use the original version under any terms I wanted.

    --
    I am TheRaven on Soylent News
  529. De facto universal copyleft by tepples · · Score: 1

    Please see my other post for my thoughts on why no copyright on software would lead to de facto universal copyleft.

  530. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    They don't use X11 much because they have another window layer that is older, more stable, and more modern (the one they bought with NeXT).

    That's a bad example of Apple's involvement in open source. It's a minor feature added to keep a couple of people happy by adding compatibility for software almost no-one uses.

    WebKit is a better example. Apple turned a buggy and incomplete rendering engine into the best (IMHO) and most widely deployed (if you include mobile) rendering engine out there.

  531. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    In legal usage - the only correct one

    analogy, n. a similarity between like features of two things, on which a comparison may be based.

    I was simply trying to make a point concisely. If I'd known this many people would nitpick the metaphor rather than get the point, I would have just made the point longhand, as I've now done several times anyway. And the point itself is valid, regardless of whether you like the parallel I drew between the legal idea and the tendency for people defending making money from GPL'd software to cite the same tiny number of examples without ever showing a viable generalisation.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  532. Re:BSD license was always more permissive, so grea by Anonymous+Brave+Guy · · Score: 1

    Why can't you do the same thing, and send an email to the developers of the GPL'd package asking whether your specific use case is acceptable?

    Given that the entire point of the GPL is to encourage sharing and collectively-developed code, is it not reasonable to assume that in general there may be many contributors in such a scenario, each of whom would need to be contacted individually for their view, and all of whose views would then need to be reconciled?

    In addition to that, you're essentially arguing that companies have to perform due diligence if they want to use the GPL but not otherwise.

    No, I'm arguing that the cost of performing that due diligence is often prohibitively high in the GPL case, while it is typically very low in a typical commercial deal.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  533. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    It's not about freedom for people, it's about freedom for the code. To make the *code* free.

  534. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    We encounter it every day where I work. Say I'm working on a project for a client, and they want me to write a feature to resize an image.

    I'm not going to write my own jpeg decompression code, write my own image resize algorithm, and my own jpeg compressor. I will search for some third party library. If its GPL, I will not touch it, if it's LGPL I will be extremely hesitant to touch it. If its almost anything else (open source or commercial) then I will grab it, and my client will be happy not to pay $300,000 for me to write it from scratch.

    Maybe I can use the GPL code. But it would be cheaper to write it myself (only $300,000) than to risk a lawsuit that could very well bankrupt the company even if we win.

  535. The imprecision of the real world by samwhite_y · · Score: 1

    I have seen a few comments allude to this, but I thought I would focus on this particular issue. Most of the arguments about licensing assume that coding is a isolated act of creativity with no ambiguities creeping in because people make mistakes. Lets say you are running a company with a software development group and assume that there are five errors per significant body of work (for those who want a precise stat: two hundred lines of code, five mistakes in logic or detail). In other words, assume your developers are human and makes mistakes because of ignorance, losing track of details, or just the general confusion of working on such as large complex project. Now, many of the mistakes that are perceived by end users are scrubbed out (for the most part) by the QA department. But that still means that mistakes of every other conceivable sort are still in the code base.

    Now assume that at least some of your code in your company is under a proprietary license (maybe you bought a 3rd party library to incorporate in your deliverable -- or you just want to not have competitors popping with a codebase cloned from yours)), could you contemplate even for a moment in using GPL (or even LGPL) code in your suite of products? Even if you assume that a large part of your product base could be shipped with a GPL license with no significant impact to your bottom line, would you still do it given the fallibility of programmers? Given the errors programmers tend to make, is it not highly likely that GPL code would end up being incorporated in software projects which were meant to be closed source? Isn't it true that given the error prone nature of humans, GPL is truly a virus in its ability to replicate and introduce itself into foreign hosts? No wonder legal departments at companies view it with such hostility.

  536. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1

    GPL allows me, when I buy GPL software from you, to repeat (read publish/sell) what you have "said" even if you don't want me to, the same right you had when you received it.

    No, it doesn't. It doesn't give anything to the buyer, but requires things of the seller. There's a difference. That reality doesn't agree with what you'd like your analogy to look like doesn't change the fact that it's a burden on the seller/distributor, and not a grant of extra rights to the buyer/consumer.

    GPL doesn't force you to repeat anything: you can use your GPL software in-house and never tell anyone about it.

    But if you distribute it, you are, required to distribute. The GPL exerts force on the sellers. That's how it works. Otherwise, how do you "repeat (read publish/sell) what you have "said" even if you don't want me to" when I don't provide the source?

  537. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    Given that the entire point of the GPL is to encourage sharing and collectively-developed code, is it not reasonable to assume that in general there may be many contributors in such a scenario, each of whom would need to be contacted individually for their view, and all of whose views would then need to be reconciled?

    Certainly not in the case where the maintainers require copyright assignment.

    Even for those that don't, you're getting into low probability scenarios here. Are you aware of it ever happening that the maintainers of a project OKed a particular use and then some small time contributor decided they wanted to litigate over it? It certainly isn't common.

    No, I'm arguing that the cost of performing that due diligence is often prohibitively high in the GPL case, while it is typically very low in a typical commercial deal.

    I don't know if I can agree with that. I mean the cost of doing the same amount of research is obviously going to be the same, so it can only be that the risk assessment for a dispute is lower. But is it? Nobody wants to have to sue their customers -- neither do the GPL developers -- but it happens. And it probably happens more with proprietary software, whenever a company you licensed from (which already has lawyers on staff) starts having business problems and turns to litigation out of desperation, or just realizes that they gave you way too favorable a deal. If you count the number of lawsuits that come out of proprietary software licensing disputes, I think you're going to find that it completely dwarfs the number that come out of GPL disputes.

  538. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1

    If that little act of returning something to the community you got it from is too much for you, then don't sell that software. Simple.

    What does this have to do with me? The question is about why the GPL is on the decline, and I worded what happens in a clear way that some people take it. The GPL threatens force to require distribution of trade secrets.

  539. Re:BSD license was always more permissive, so grea by RealTime · · Score: 1

    Open Source licensed code used on the Google Search Appliance is mirrored here.

    --

    Yesterday it worked; today it is not working; Windows is like that...

  540. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    Well first off lets not jump ahead. Microsoft's preliminary version of their store license agreement has some terms which indicate they may permit open source app to share without being entirely clear about mechanism. So we know that at least some people in Microsoft are thinking about that, that's different than Microsoft having fully worked through GPL issues.

    Second, I'm not sure we fully understand the Microsoft security model. They may not be facing the same problems. Moreover if Microsoft does have the same problem and Apple and works through a solution Apple might adopt it. Apple, along with the FSF have rejected Tivo's theory about what is permitted under the GPLv2, and certainly the GPLv3 doesn't allow Tivo's approach. If Microsoft has a solution, one that they are willing to defend in court, Apple would have no reason not to fall in with their approach.

    Third, the original claim was that Apple, "fights aggressively against free and open source software" which is a different criticism than "they don't spend time and effort creating an entire alternative mechanism to facilitate GPL software".

  541. Re:BSD license was always more permissive, so grea by jbolden · · Score: 1

    It depends what you mean by "contributing patches back". If they retain copyright and only grant you a GPL license then absolutely, those patches would lock the entire project. If they assign copyright or grant you an unlimited / unrestricted license then you can use them in a commercial version.

    Assignment is fairly common for many large open source projects even when there are multiple contributors. Even if you don't intend to ever license under anything but one license creating ambiguous standing can be a major hinderance in enforcing copyright. For MIT there isn't much to enforce but for GPL it really matters. I have serious question as to how well small chunks of KDE or the Linux kernel could even be defended in court.

  542. And when you copy those two lines... by mattpalmer1086 · · Score: 1

    ... from BSD licensed code, you preserve the copyright notice and the license, right?

    Thought not, although that's about all the license requires you to do if you redistribute the code.

    People seem to think BSD carries no obligations whatsoever. I guess I've never heard of anyone suing for violation of the license.

  543. Re:BSD license was always more permissive, so grea by Samantha+Wright · · Score: 1

    I'm glad someone noticed.

    --
    Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
  544. Re:BSD license was always more permissive, so grea by SteeldrivingJon · · Score: 1

    "Just like Google does. And GPL doesn't prevent any of that, while it's essentially the same. Google also improves upon GPL'd software, but just because it's server side they don't need to give it away."

    Yes, and for simply following the terms of GPL and doing what it required, people like Stallman decided Google was being a bunch of rat bastards.

    That kind of goalpost-moving is, I think, a significant factor in causing people to turn away from GPL. You never know when some ideologue might decide that it's time to tighten the screws again, to prevent some behavior that used to be okay but is now counter-revolutionary.

    Granted, projects probably won't be required to adopt the latest version of the GPL. But projects that use GPL will likely have to spend the time to examine the new license, perhaps get legal advice, field likely questions about license compatibility, and deal with requests and fanatical demands that the project adopt the new license, etc.

    Who needs the hassle?

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  545. Re:BSD license was always more permissive, so grea by SteeldrivingJon · · Score: 1

    "You look at something like Kerberos. Who uses Kerberos? Hardly anybody"

    Um, Apple?

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  546. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    You mean the company that had so few sales that they discontinued the product (xserve) that they used it in?

  547. Re:BSD license was always more permissive, so grea by ohho · · Score: 1

    Giving out something and expecting return, itself, is a business. Programmers are sometimes artists. They just want to express themselves via beautiful and useful codes. They just want to share, not expecting any return. Isn't that beautiful?

  548. Re:BSD license was always more permissive, so grea by mgiuca · · Score: 1

    Because if you truly want to promote freedom and free code, you also have to let people to profit from it.

    Hang on, nobody said (under the GPL) you can't profit from it. It is explicit in the text of the GPL that people are allowed to profit from the work or use it commercially (to say otherwise would be restricting your freedoms). The GP said "profit from it, and give nothing back". The point of the GPL is the "give back" part.

    The key is "you are free to do whatever you want, but you must grant others the same freedom." The GPL doesn't pick who does and who doesn't enjoy that freedom -- everybody is granted the same freedoms (another explicit clause in the GPL -- you may not discriminate). The rules are, grant your users the same freedom we granted you. What is unfair about that?

  549. Re:BSD license was always more permissive, so grea by mgiuca · · Score: 1

    I realise that Slashdotters love car analogies, but really, is there any point to having a car analogy that involves infinitely copyable cars? It seems more appropriate to use a software analogy.

  550. Re:BSD license was always more permissive, so grea by mgiuca · · Score: 1

    It's hard to say whether it is a moral violation or not, but clearly, use of modified GPL software on the server is not a "loophole". If it were, they would have fixed it in GPLv3. It is a well-known and intended consequence of the GPL that it permits you to make local modifications and use them for any purpose. (The preamble of the AGPL, also by the FSF, states "The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.") If you don't like this, release your code under the AGPL, which is designed to close this supposed "loophole". The GPL does not have anything to say about use -- only distribution. Google is not distributing their modifications, ergo, they are acting exactly as the software creators intended.

    even though the results of the GPL software is what brings in the dough

    Are you saying that it is morally wrong to use "the results of GPL software" to make money? So if I use GIMP to draw artwork and then sell that artwork, is it morally wrong? What if I modified the source code to the GIMP and then made artwork based on that? Am I morally obliged to release my modification to the community? Isn't it the whole point of free software that I be allowed to change it to suit my purposes? Wouldn't it be infringing upon my rights to do so if every time I made a private modification, I was required to release that modification? What Google is doing (running privately modified GPL software to produce server responses) is no different from what I described (running privately modified GPL software to produce artworks) -- the AGPL makes a special case for network servers but other than that, the two cases are the same.

    The important point is that there is a big difference between private use of modifications, and distribution of modified versions without source, and that is the distinction made by the GPL. Let's compare Google's use of Linux in a) Android and b) their server farm. In Android, they are selling me a copy of Linux, and because that was licensed to them under the GPL, it would be morally wrong (and against the license) if they didn't let me modify it in turn. In their servers, I am not actually using Linux. It isn't running on my machine (I'm running a web browser), I couldn't run a modified version even if I had the source, and it is a private detail of how they do their business. So they shouldn't be required to disclose the source.

    Lastly, you could argue that Google uses it for Evil by locking you in to their web software, but the GPL doesn't say it can't be used for evil. They could also be running Linux in a giant robot sent to destroy humanity, and that wouldn't be a violation of the GPL either.

  551. Re:BSD license was always more permissive, so grea by mgiuca · · Score: 1

    The problem is not the GPL. The problem is that your chosen operating system is so broken, so unfriendly to developers, so non-free, that it is fundamentally incompatible with any license that says "you need to give users the right to modify the code on their own device." The GPL is a developer-friendly license, in that it promotes maximum sharing of software. If you want to develop for iPhone, then you are in an environment specifically designed to prevent sharing, so of course the GPL will not be appropriate there.

    What is the point of software being called open source when it is not usable by developers?

    Firstly, it isn't called "open source", it's called "free software". If you read the writings of Richard Stallman, you will find he never uses the term "open source" to refer to GPL code. One of his big points is that that term is misleading, because it implies that the most important thing is the access to the source code. It isn't. When you use the GPL, what is important is that everyone share their code with one another, and nobody restricts access (access to the source code is a necessary precondition for this, but it isn't the point). Secondly, GPL code is perfectly usable by developers who are willing to share. If you aren't willing to share (or, again, you are on a platform that explicitly prevents you from sharing), then it isn't usable. That's the point -- if you are going to be selfish, then you can't use code designed for sharing.

  552. Re:BSD license was always more permissive, so grea by seantide · · Score: 1

    But the GPL *DOES* restrict other people. Its mythology that it doesn't.

    The GPL is viral and ties to force me to make my code fall under GPL if I use GPL code with it. RMS has stated many, many times that this is his goal. People need to quit pretending otherwise.

    There are many valid situations where I cannot give source back or make it open, and the GPL interferes with this all the time. It is not evil or bad to restrict source, there are times when this is a necessary and positive thing.

    GPL is not freedom, it is giving up freedom in exchange for what some people think are more important freedoms. Its also incorrect to state that GPL is about the freedom of the code. It greatly impacts the freedom of the coder, you can't neatly separate that out like it doesn't matter.

    Even if you agree that the GPL freedoms are more important than the ones you give up, at least admit that's what is happening.

  553. Re:BSD license was always more permissive, so grea by seantide · · Score: 1

    They profit because (mostly) they can distribute GPL code without running into the issues it presents.

    What if Red Hat wanted to create an MMO? If you released the source, people would cheat with it. That's a prime example of a time when not having the source is good for (most of) the users. Yes, its probably not all that common, but it exists.

    The real problems come in situations close to that, where for various reasons you need to use various bits of code and cannot use the GPL license or provide all of your modifications. You simply can't use the GPL. What makes this worse is if you are required to or desire to support a GPL operating system and/or API and the viral nature of the GPL tries to force you to use that license for your own code. This situation is very common.

    Sure in an ideal and perfect world it would be great of all code could be free, much like it would be great if we could all do without door locks and other "restrictions on freedom". We don't live in that world.

    There are some uses of GPL which I agree with, some of the ideas, like trying to promote open source and various freedoms for users. However, in pragmatic terms it causes a lot more problems than many proponents want to admit, and many of them don't agree with the extremists like Stallman. The problem with that is his extremism is codified in the GPL, at least the later versions.

    What I want, what I need, is to be able to release under GPL when that's OK, and otherwise use a different license. Ideally I'd try to keep software open, but I should not be forced to. That's real freedom. A lot of the drive behing the GPL does not want to allow it. Its about a lot more than customer freedom and the things I see mentioned here, its about trying to shove a particular ideology down people's throats and that's wrong, even if that particular road to hell is paved with a few good intentions.

  554. Re:Don't be stupid by seantide · · Score: 1

    This is fair to a point, but the truth is that when a GPL projects gets abandoned, its much the same thing. Over 99% of users can't do a thing with the code, and a good number of coding professionals can't either for various reasons.

    This is really a human social/engineering issue that isn't solved with licenses. GPL, BSD... whatever you can solve this issue by managing projects properly.

    GNU can make sure GPL projects don't stagnate, and Apple can have a plan for what to do if they die. The licenses don't matter near as much as the management.

  555. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    and not a grant of extra rights to the buyer/consumer.

    No, of course not. The buyer/consumer is entitled to doing anything with the software, like making copies, modifying it, reverse engineering it... oops, copyright law requires the author to allow me to do that. If GPL isn't granting extra rights to the consumer then copyright law is taking them away (and GPL is reinstating them).

    But if you distribute it, you are, required to distribute. The GPL exerts force on the sellers

    You are not forced to distribute. You are forced to distribute in a specific way. But distribution is not use.

  556. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    But the GPL *DOES* restrict other people. Its mythology that it doesn't.

    Congratulations. Did I say at any time that GPL doesn't restrict people? Didn't think so: I have said several times it restricts distribution in order to keep allowing use. And this thread is all about the misconception of GPL restricting use when it doesn't.

    The GPL is viral and ties to force me to make my code fall under GPL if I use GPL code with it. RMS has stated many, many times that this is his goal. People need to quit pretending otherwise.

    No. Your code can be under any license you want _unless_ you distribute it. You are just required to distribute it under GPL.

    There are many valid situations where I cannot give source back or make it open, and the GPL interferes with this all the time. It is not evil or bad to restrict source, there are times when this is a necessary and positive thing.

    Not all the time, mind you. Just when you wish your right to ignore my conditions was more important than my requirements that you don't. By the way, I would like you to provide some examples of the positive side of restricting source code.

    GPL is not freedom, it is giving up freedom in exchange for what some people think are more important freedoms. Its also incorrect to state that GPL is about the freedom of the code. It greatly impacts the freedom of the coder, you can't neatly separate that out like it doesn't matter.

    There is not absolute freedom. GPL isn't absolutely free, BSD isn't absolutely free, Public Domain isn't absolutely free. And they aren't absolutely free because there is more than one person on the planet to use them, so some people won't be able to get what they want. GPL is free to use: you don't have to abide to any restriction as long as you just use it. And I, personally, consider GPL better than BSD because it will continue to be free: there is no option for anyone (besides the original authors, of course) to close the source down.

  557. Re:BSD license was always more permissive, so grea by rjstanford · · Score: 1

    Yup; and its exactly this kind of issue that has corporate lawyers looking at it and saying, "Nah, we'd probably be fine, but just buying that COTS package is only $22k which is cheaper than our costs to investigate it, plus auditing for years, plus potential liability."

    --
    You're special forces then? That's great! I just love your olympics!
  558. Re:BSD license was always more permissive, so grea by themusicgod1 · · Score: 1

    While the rational thing to do would be to sit down with developers from all walks of life, talk to them to find out what they don't like about the current GPL, and then fix it

    That is *precisely* what the massive GPL3 consultations were.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  559. Re:Don't be stupid by mbessey · · Score: 1

    I'm not talking about releasing a few apps and libraries here and there while keeping the system core proprietary. I'm talking about getting complete system build without reimplementing a proprietary decade of development history from scratch.

    Way to move the goalposts, there. Your original statement was that Apple was "not contributing anything back to the community", and that's clearly not the case.

    Apropos of this discussion, look at one of the lists and see what sorts of licenses those projects are licensed under. The majority are APSL, which means that they're Apple-developed code which was released to the wider community without any requirement to do so. Of the remaining, about one third are BSD licensed, a third are GPL, and the rest are a variety of other licenses.

    Note that the BSD-licensed code doesn't carry any requirement for Apple to release their source code, either. You might wish that Apple would release more of their code under an Open Source license, but that doesn't mean they're benefitting from Open Source without contributing back.

  560. Re:BSD license was always more permissive, so grea by harlows_monkeys · · Score: 1

    Why create something, give it out for free, and then allow businesses to take your work, profit from it, and give nothing back?

    Because I want my stuff to be free and open.

    It is not free and open if I'm telling people they can't do what they want with it.

  561. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    Who cares if he is a communist or not?

    I'm an Adam Smith style capitalist, and I think Lemote's Loongson is a great step forwards for geeks and especially for engineer-run small business. This can put engineers in charge of their own destiny.

    It may seem slightly silly to me the reasons that RMS chose a Yeeloong notebook for the first and only computer he's actually owned himself. However the motherboard is amazing. Not only does Lemote give you the source, they sell high quality dev boards for each subsystem, with all the dev tools open source too! You can get a complete open toolchain, this is exactly the missing pieces. I don't care what their politics are, they free me vendor lock; they have no more power over me than anyone else. The only reason to keep buying their product is if they manufacture it well and sell it at a good price, and if you design your own product, they're confident they can manufacture it for you at a competitive rate.

    Customers are what rewards this, and I'm happy that RMS and many others are rewarding this kind of access.

  562. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    You're introducing low-information crackpots from the interwebs as proof that... low information claims are an important part of the discussion?

    Take your meds, gramps.

  563. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    It was over 10 years ago that Linus said he hoped people were using something else in 10 years, too. Doesn't mean it went away this year. Doesn't mean it will go away in another 10, either.

    For somebody who has made so many posts to these types of stories, I am surprised that your basic logic is so faulty that you would think it would somehow not "be around in 20 years." Surely since there is software that is already GPL, that does not have a single author, there is no way for the license on that software ever to change to anything else. Even if you had 100% consensus among the authors that you could locate, in many cases that would still leave out the people you couldn't contact. But you'd never have that many people wanting to switch. Many of them chose the GPL intentionally, knowingly. You don't like it, so what? Who cares? Use something else for yourself.

    There is nothing you can do to take the GPL away. You are not King of the World. We chose the GPL, we choose the GPL, we will choose the GPL.

  564. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    Not exactly. The problem is that even here on slashdot, there's a lot of people who don't understand the difference between compiling (transforming something from one form to another) and linking (patching an object file so that the jmp instructions go to the right addresses.

    It's why you'll see whiners claiming that php, java, and other byte-code-interpreted languages are somehow "linked in", even though there is no linking step, as in the conventional edit-compile-link cycle.

    The java ones are the worst - they'll point to the JIT and say "see - it's compiled." So when you point out that the spec makes it clear that it doesn't EVER have to be run through a JIT, and that if it is, it's not part of the class file, but something done by the interpreter (which then discards the class file, so the class file is definitely never linked in), they get all in a tizzy. How DARE anyone suggest they actually READ THE SPEC?

    And then you have goofballs like RMS trying to change the meaning of linking retroactively to include any dynamic linking as viral, whereas copyright law (and the courts in Galoob vs Nintendo - 9th Circuit Court of Appeals) said that a derivative work must have "'form or permanence" and that "the infringing work must incorporate a portion of the copyrighted work in some form". Since this isn't the case with any dynamically linked code, RMS is, like usual, seeing things the way he wants instead of the way things are. So, when you speak of low-information crackpots, you have to include a lot of the "free-is-what-we-say-it-is-and-nothing-else" cult leaders such as RMS and the jokers at the SFLC (who were still claim that the Internet is not a "usual method of distributing software" on their web site a couple of months ago, even though it's the #1 way to distribute software, both closed and open (patch Tuesdays, anyone :-), world-wide).

  565. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    Obviously you're wrong in your final conclusion, because the GPL is in sharp descendancy, and many companies, including RedHat, are working to replace ALL core GPL components with alternatives. Just look at the work going on with LLVM as one example.

    GCC already died once, when Stallman found he had alienated too many people, who had gone on to develop EGCS. He had to take their code and rename it to GCC and let them take over development. However, GCC is really long in the tooth now, so LLVM will replace it within the decade - and LLVM is not GPL.

    By then, expect a lot of the other utilities in the toolchain to have been made over from scratch with more permissive licenses as well. People are simply sick and tired of dealing with nutcases like Stallman, and his crazy claims (for example, that dynamic linking creates a derivative work, contrary to the appeal courts ruling in Galoob vs Nintendo that a derivative work must have form or permanance, or his FUD about linux being bad because it's gplv2 and not gpl v3, and as such, a threat to android ).

  566. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    MIT and BSD licenses are completely free and require nothing of someone using or contributing.

    You miss the entire point of the MIT and BSD style licenses, which is to force you to include copyright notices, and to force you to require people you distribute the code to also to include copyright notices.

    All these licenses force specific conditions onto downstream recipients, it is just a difference in what conditions are required.

  567. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    If you have a "trade secret" that requires being part of GPL code, are you sure that:
    A) it is a secret
    and
    B) it is your secret?

  568. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    Google provides me with lots of GPL software, and Open Source using other licenses, too. And where their software is proprietary they give me beautiful, documented APIs allowing me to connect GPL or other programs to the service.

    You're just like, "Google have money, money bad, google bad! Uga Uga! Stan not have money. Money bad!"

    I can see how if you're extremist that wants only GPL software, they might be an enemy since they insist on releasing libraries under whatever license users are likely to expect in that particular developer community. But that isn't the same as claiming they "abuse" the GPL. In reality, they "follow" the GPL.

  569. Re:Don't be stupid by Aighearach · · Score: 1

    the FSF has, by their head (Stallman) publicly claiming that it's okay to violate copyright on closed source, put themselves in the position where anyone who chooses to vigorously litigate against the enforcement of any copyrights assigned to the FSF or the gnu project, or to demand that code they previously assigned be returned, has a good chance of winning.

    That is complete poppycock. Professing the morals of breaking a law when it violates other moral principles and you have to balance between conflicting principles of right and wrong in no way prejudices you under the law. It does not, and it can not, it is protected "pure speech." The same actual law still applies, regardless of which side of it you're on in the courtroom.

    Even if you say, "theft should be legal" you are still entitled to claim relief later when somebody actually steals from you.

    Or the more extreme example, if you say that dueling to the death should be legal, that in no way makes it legal for me to run you through. And if do, and you live, you might still sue me...

  570. Re:Don't be stupid by Aighearach · · Score: 1

    CUPS alone is worth tolerating their idiot fanbois IMO.

  571. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1
    "GPL allows me, when I buy GPL software from you, to repeat (read publish/sell) what you have "said" even if you don't want me to,"

    You are not forced to distribute. You are forced to distribute in a specific way.

    I must be confused. You are saying that if someone takes from GPL, modifies it, then distributes it, that they are *not* required to distribute the source, but that you are allowed to violate any license they attach (if any). Because that's what you are saying, and I'm pretty sure that's not what you mean. GPL uses threat of force against the distributor.

    If GPL isn't granting extra rights to the consumer then copyright law is taking them away (and GPL is reinstating them).

    GPL isn't reinstating them. GPL is forcing distributors to follow "extra" rules. And that is why it is hated. I'm not arguing it's bad or good. I'm just confused how you think the GPL "gives" anything to the consumer. In fact, if GPL is violated, the consumer is not even allowed to sue, the only one who can is the "upstream" contributor. According to the courts, the end user "lost" nothing.

    It feels more like you are arguing that "here's how I feel and how I justify my personal opinion, and isn't a discussion about what happens or how it works in law or such."

  572. Re:BSD license was always more permissive, so grea by rjstanford · · Score: 1

    So... if I write some software... and release it under a non-GPL license... and someone else uses it... you claim that they can prevent me from giving it away to anyone else?

    No, that's not the claim. The claim is that if you write some software, and release it under a GPL license, and somebody else makes an improved version of it, they can't refuse to make source to the improved version available and can't prohibit those who have received the source or binary of the improved version from giving it away to others.

    Totally agree with that. But what the GPP actually said was: "The GPL... restricts you from taking private the hard work of the original authors." My point was that it does no such thing - the original authors (or current copywrite holders) are always allowed to keep their work public if they so desire. The GPL restricts you from taking private your work, in that if you wish to redistribute it at all you have to include your full source. A BSD license allows you to keep your modified source private, but gives you no power to make the unmodified code private.

    --
    You're special forces then? That's great! I just love your olympics!
  573. Re:BSD license was always more permissive, so grea by rjstanford · · Score: 1

    Yeah, but the one killer feature that you've added to your version is not in the upstream version that others can get.

    And if enough people value free software over the "killer feature", it won't matter or it will get re-implemented. And if they don't, well then, it seems a little unreasonable to attempt to "legislate" things otherwise. After all, if that one feature is more valuable to the masses then a properly open and supported piece of software, then either the original wasn't very good, or someone would simply engineer the new feature in a new package anyway.

    I'm a fan of free software. I'm also a fan of the BSD/Apache licenses. Freedom includes the freedom to take the consequences.

    --
    You're special forces then? That's great! I just love your olympics!
  574. Re:BSD license was always more permissive, so grea by stanlyb · · Score: 1

    In many contraries, having sex with a kid over 14 is legal, as long as it is by mutual agreement. Now, do you have the slightest idea of what the word "abuse" means, or you need a power point presentation for better assimilation? Also, try to find out what is the difference between "the spirit of..." and " the letter of...", and when you finish your second grade, come and post something more meaningful.

  575. Re:BSD license was always more permissive, so grea by gomiam · · Score: 1

    I must be confused. You are saying that if someone takes from GPL, modifies it, then distributes it, that they are *not* required to distribute the source, but that you are allowed to violate any license they attach (if any).

    Perhaps I didn't explain it right. I wanted to say that you aren't force to distribute your product at all, and if you decide to distribute it you must do it in a specific way (making the source code available to those that the software is finally delivered).

    GPL isn't reinstating them. GPL is forcing distributors to follow "extra" rules.

    Either GPL is giving the end user extra rights or it is reinstating them, because you certainly can not modify the software according to current copyright law unless the author allows you to. The distributors can choose either follow the extra rule (no plural there) or not distribute... like they would have under the basic copyright law. But, of course, GPL wants to protect use, and distribution is not it.

    It feels more like you are arguing that "here's how I feel and how I justify my personal opinion, and isn't a discussion about what happens or how it works in law or such."

    Ad hominems aside, the facts are that basic copyright law doesn't allow you to use or distribute the software as you want, BSD doesn't guarantee your recipients' ability to use the software as they want and GPL does. In contrast, BSD allows you to distribute as you like (even denying the right to use and distribute to those that receive your version) and GPL doesn't in order to keep the freedom to use the software and, mostly, the freedom to distribute it. And I think giving the buyer/recipient the ability of using the software as he wants independently of the wishes of the seller/originator is quite something.

  576. Re:BSD license was always more permissive, so grea by Guy+Harris · · Score: 1

    But what the GPP actually said was: "The GPL... restricts you from taking private the hard work of the original authors." My point was that it does no such thing - the original authors (or current copywrite holders) are always allowed to keep their work public if they so desire. The GPL restricts you from taking private your work, in that if you wish to redistribute it at all you have to include your full source. A BSD license allows you to keep your modified source private, but gives you no power to make the unmodified code private.

    I guess it's a question of what the person who said "The GPL... restricts you from taking private the hard work of the original authors."

    If they meant that literally, it's true, but it's also true of most if not all other free-software licenses - and, yes, that's a point of confusion in anti-non-GPL-style license arguments. In that case, either they were confused about what non-copyleft licenses do or were, indeed, spreading FUD (by falsely stating that the BSD license allows somebody to take the work upon which they based their work private, not just to keep their derived work private).

    If they meant it more loosely, as in "The GPL restricts you from taking private work that builds on the hard work of the original authors", that's true of copyleft licenses, but not other licenses. In that case, either they didn't take enough care when stating it or they were, again, spreading FUD (by overstating the case).

  577. Re:BSD license was always more permissive, so grea by SteeldrivingJon · · Score: 1

    It's in OS X 10.7, server and non-server.

    modok:~ jon$ apropos kerberos
    kadmin(8) - Kerberos administration utility
    kadmin.local(8) - compatiblity shim for MIT Kerberos kadmin.local
    kadmind(8) - server for administrative access to Kerberos database
    kdc(8) - Kerberos 5 server
    klist(1) - list Kerberos credentials
    kpasswd(1) - Kerberos 5 password changing program
    kpasswdd(8) - Kerberos 5 password changing server
    krb5.conf(5) - configuration file for Kerberos 5
    ktutil(8) - manage Kerberos keytabs

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  578. Re:BSD license was always more permissive, so grea by Anonymous Coward · · Score: 0

    If you spend 2 million developing some software algorithm, then you really ought to charge more than 2 million when you sell the software. The GPL doesn't prevent people from selling software.

  579. Re:BSD license was always more permissive, so grea by next_ghost · · Score: 1

    And if enough people value free software over the "killer feature", it won't matter or it will get re-implemented. And if they don't, well then, it seems a little unreasonable to attempt to "legislate" things otherwise.

    Complete waste of time and resources. That's my point you're apparently not getting. Why have a handful of developers working on upstream and gazillion developers working on closed forks each twice the size of upstream when we could have gazillion developers working more or less directly on upstream?

  580. Re:BSD license was always more permissive, so grea by exomondo · · Score: 1

    It's more like having freedom of speech, but anyone who feels like it can revoke it.

    No they can't, if you think that's analogous to the permissive vs restrictive license debate you clearly don't understand the licensing issues at all. If i release code under a permissive license who can revoke the rights granted in the license?

  581. Re:BSD license was always more permissive, so grea by exomondo · · Score: 1

    The GPL doesn't prevent you from profiting on your derivative code, it simply ensures that others can do the same. GPL derivative code does not have to be free of charge.

    It has to be available free of charge at some point so why pay for something when for the same effort you can get it for free.

  582. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    "It's included" and "people use it" are two different things.

  583. Re:BSD license was always more permissive, so grea by gr8_phk · · Score: 1

    You realize we're talking about source code and not human rights, right?

    Yes I do. Specifically we're talking about the right of the software users to modify the software they are using. People who like a BSD type license enjoy the right to modify software they get from others, but do not want to offer that option to other people. So no, I'm not talking about human rights, I'm talking about hypocrisy.

  584. Re:Don't be stupid by tomhudson · · Score: 1

    It has nothing to do with "protected speech", so get off your amendments. They do not apply. You might want to check up on the doctrine of unclean hands.

    Example: If you put go around saying that you believe nobody should have to pay to park, and then you try to send me a bill for parking in your driveway, I have every right to invoke your public stance as an expectation that you would not bill me - even if you also have a sign up saying that parking is $10 a day. And I'll win, because a reasonable person has an expectation of being able to rely on your public statements, any signage to the contrary; even more so when there either is no contract, or the contract is one of adhesion.

    To make it a bit simpler - same situation as above - I go to park, and you say, "sure, nobody should have to pay to park." You then send me a bill. I contest it and bring 3 witnesses who heard you.

    The only difference between the two is when you made the statement about people being free to park, and that's irrelevant if you're well-known (notorious) for saying it publicly. This is Stallman's situation, and why any copyright assignments to gnu.org or the fsf can be undone - it is easy to argue that Stallman obtained those assignments with both unclean hands and fraudulent inducement.

  585. Re:BSD license was always more permissive, so grea by Jay+Maynard · · Score: 1

    Not only no but hell no, because the phrase "allowing people to close your code" is a lie. Nobody can ever close my code, no matter what license I release it under. They can close *their* code, and I have no right to tell them they may not.

    --
    Disinfect the GNU General Public Virus!
  586. Re:Don't be stupid by Aighearach · · Score: 1

    Complete nonsense. If you own a parking lot, and you propose a bill in government to ban charging money for parking, and say nobody should have to pay, and it fails, and your parking lot still has signs up saying how much it costs, guess what... customers still have to pay. Your political position will never, can never, change how the law covers you and your right to copyright protections. Or parking fees.

  587. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    lol the GPL is dead because you looked into a crystal ball and saw a GCC killer. And you cite as supporting evidence EGCS, also know as GCC. Total fail. Kill gcc, then you can have a gcc-killer.

    For one thing, it would need to be better at compiling C/C++ than gcc is. Good luck with that!

    Actually LLVM does a great job with C... via gcc. ;) lol

  588. Re:BSD license was always more permissive, so grea by Aighearach · · Score: 1

    Yes, you managed to work in the two quotes from Galoob vs Nintendo that wikipedia cites, but you fail to also mention their conclusion regarding linking: "but there have been no clear court decisions to resolve this particular conflict."

    So when I speak of low-information crackpots, you're making a good case for yourself to be one of them.

  589. Re:Don't be stupid by tomhudson · · Score: 1

    We're not talking about government bills - we're talking about an affirmative defense in equity. Been there, done that, produced 2 witnesses, won the case.

  590. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1
    First, you really should look into the history of egcs. People got fed up with stallman, forked gcc, and eventually, it became so much better that stallman didn't have any choice but to abandon gcc completely, and rebase off the egcs code.

    Same thing happened with his emacs code. He p*ssed too many people off, they continued to work on their xemacs fork instead, and eventually he had to abandon emacs, and import their code and rename it emacs.

  591. Re:BSD license was always more permissive, so grea by tomhudson · · Score: 1

    You might want to consider that even Larry Rosen (general counsel for the Open Source Initiative) agrees that you are free to link to gpl code without creating a derivative work. Heck, he goes further - if you make a straight verbatim copy (no modifications), you can do the same with any gpl code, because the GPL only considers distribution of MODIFIED code. No mods, no need to distribute the source.

    So, is Rosen a low-information crackpot?

  592. Not a decrease! by bWareiWare.co.uk · · Score: 1

    Given that the copyleft licenses can't be revoked, the amount of copyleft software will never decrease.
    Also given rapid growth of Android I can't believe that the use of copyleft software has decreased in absolute terms.
    A better headline may be that the growth of permissive licenses is starting to outstrip the growth of copyleft licenses.

  593. GPL = nasty piece of work. by Anonymous Coward · · Score: 0

    GPL is truly a nasty piece of work. If forces software distributors to provide the source code. (See GPLV2 section 3)

    This is a massive BURDEN on software distributors. For example If i give away or sell a Linux "distro" with 4.7gb of "object code" (binaries etc), then I would need to provide the equivalent source for every single GPL component. Can you imagine the hastles, problems and burden involved in trying to obtain equivalent source code for 4.7gb worth of "object code", that could be hundreds of individual source packages I have to provide.

    If I sell Linux PCs then I need to provide the source for every gpl component and also the source for updates and any additional software I install in addition to the base distro.

    This is just unacceptable for distribution. And I don't like the idea of providing a "written offer" for 3 years. What happens if the "Linux PC" business closes? I'm still expected to provide the sources for 3 years after my last sale?

    The GPL is a self defeating.

    Before you release GPL code, THINK of the massive burden you put on software distributors. This can only cripple Linux' (or any other software under GPL) potential.

    The reality is, people want to distribute binary distributions, not the source code. The proof is in the pudding.
    The rampant GPL violations prove this.

    I dare say GPL is COMMUNIST or a form of contractual communism. It forces software to be free, which is basically what communism tries to do (forces things to be free) but ends up creating a nightmare of regulations and loss of freedom, like the GPL.

    I'm also beginning to believe that GPL software is a TROJAN HORSE that infects companies and destroys them.

  594. Re:BSD license was always more permissive, so grea by sgt+scrub · · Score: 1

    I'm sorry. I should have pointed that out specifically. The copyright notices in most BSD/MIT licensed binaries contain the copyright in the binary itself. Unless you know how to look you will never know they were there. I should have said, "Outside of hiding the copyright were few people know how to find it, someone using or contributing to the code are completely free to do whatever they wish". It has been a long time since I've used Windows, let alone 98/2000, but you should be able to see the copyright on the unix like command line tools using the /h switch. eg. telnet /h or ftp /h I'm banging my head against the monitor trying to get out what one did to see the BSD copyright info from the TCP/IP stack but can't remember to save my life.

    Before I get a lot of responses about how Microsoft didn't use BSD's TCP/IP stack I'm aware that they didn't rip it off. They paid someone else to do it.

    --
    Having to work for a living is the root of all evil.
  595. Re:BSD license was always more permissive, so grea by Daniel+Phillips · · Score: 1

    What it has to do with you, is that you are a FUDster. Please get a life. Shoot a puppy or something, it would look better on you.

    --
    Have you got your LWN subscription yet?
  596. Re:BSD license was always more permissive, so grea by AK+Marc · · Score: 1

    Nah, I'll just be like you and run around lying about what the GPL does.

  597. Re:BSD license was always more permissive, so grea by SteeldrivingJon · · Score: 1

    People couldn't use it if Apple didn't include it. Anyway, you're moving goalposts.

    --
    September 2011: Looking for Cocoa/iOS work in Boston area Cocoa Programmer Quincy, MA
  598. Re:BSD license was always more permissive, so grea by Anthony+Mouse · · Score: 1

    People couldn't use it if Apple didn't include it.

    People don't use it even though they do.

    Anyway, you're moving goalposts.

    I said nobody really uses Kerberos. You said Apple uses it. But they don't use it; they're not users. They're distributors. They package it with their OS, so that users can use it. And then the users, by a large majority, don't. So few that the product (xserve) that it was originally included for was cancelled, and OS X Server is now only sold on non-rackmount desktop hardware as a gesture to the few people who want an upgrade path.