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How Far Should GPL Enforcement Go?

itwbennett writes "The debate over enforcement of the GPL flared up again this week when Red Hat kernel developer Matthew Garrett wrote in a blog post that Sony is looking to rewrite BusyBox to sidestep the GPL. Which is a perfectly legal undertaking. But it raises the question: 'Is there social pressure within the Linux kernel community to not undertake GPL compliance action?' writes blogger Brian Proffitt. 'This may not be nefarious: maybe people just would rather not bother with enforcing compliance. Better, they may argue, to just let the violation go and get on with developing better code.'"

432 comments

  1. Execution by busyqth · · Score: 5, Funny

    By hanging

    1. Re:Execution by qbast · · Score: 4, Funny

      Trampling by herd of angry gnus. That's poetic justice.

    2. Re:Execution by masternerdguy · · Score: 0

      This is funny, but the entire point of open source is the sharing of ideas and implementations. GPL isn't designed to force others to share, but to facilitate sharing while letting the original authors get credited. You can't do that while hunting down anyone who you think is using your code unfairly.

      --
      To offset political mods, replace Flamebait with Insightful.
    3. Re:Execution by turbidostato · · Score: 5, Informative

      "GPL isn't designed to force others to share"

      Yes, it is. You can ask Richard M. Stallman if you don't believe me.

      "but to facilitate sharing while letting the original authors get credited"

      Yes, it is three letters too, but they are not G-P-L. The three letters you are looking for are B-S-D. Seriously: you described the BSD license, not the GPL.

    4. Re:Execution by Bucky24 · · Score: 0

      Even something noble, like the GPL, can be twisted by any Lawyer into another route to extortion.

      ftfy (mostly to correct it, and partially to remove your attempt at trolling)

      --
      All the world's a CPU, and all the men and women merely AI agents
    5. Re:Execution by Anonymous Coward · · Score: 1

      Funny as it may be, you are dead wrong. Judging from the other posts you made, maybe you should change your name to mastershillguy?

      the entire point of open source is the sharing of ideas and implementations

      Yes...

      GPL isn't designed to force others to share

      No, it is. As per the letter of the License, any failure to comply with the license (i.e. failing to "share" source code) is met with immediate termination of the license.

      but to facilitate sharing while letting the original authors get credited

      You must be confusing the GPL with the BSD attribution clause.

    6. Re:Execution by grcumb · · Score: 5, Funny

      Trampling by herd of angry gnus. That's poetic justice.

      So... Gnus for Nerds, when they copy Stuff That Matters?

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    7. Re:Execution by w.hamra1987 · · Score: 2

      is there any reason why Sony cant use the program while conforming to GPL? they can include it in their systems, do mention that it's GPL'ed, link to its source code, and put proper attribution. or are they too smug to mention they borrowed code from elsewhere?

      execution would be the fairest thing when dealing with such case... especially when we consider the company we're dealing with here, who'll be more than happy to sue anyone for the silliest of reasons

      --
      my sig pwns your sig
    8. Re:Execution by Anonymous Coward · · Score: 0

      Well done, sir.

    9. Re:Execution by poetmatt · · Score: 1

      The only time you can't force the sharing of ideas is under GPLv2. Funny how GPLv3 got all the negative press, huh.

    10. Re:Execution by bheading · · Score: 2, Interesting

      No, the GPL does not force others to share.

      You have a simple choice, which these guys are now attempting to execute - don't use GPL software, write your own.

      If they think that they can produce software which is as capable as busybox is, and if they think they can attract OSS developers to contribute to it for free while seeing their copyrighted work locked away, more power to their elbow.

      I really doubt that they'll be able to do it but it would be interesting to be proven wrong.

    11. Re:Execution by Tubal-Cain · · Score: 1

      A hung program doesn't execute properly.

    12. Re:Execution by AdrianKemp · · Score: 2, Insightful

      It's a matter of the (L)GPL being a shitty license for corporate use. If they wish to use the code they are under restrictions that can mean big problems if they are even accidentally violated.

      Why *wouldn't* they put the time into rewriting it in house? It's pretty easy when you're essentially transcribing source code. then they can freely change it without sharing, without worrying about a lacky somewhere forgetting to host the code, etc. etc.

      The GPL is a great hobbyist license but it's a pain in the ass at the corporate level, especially when you aren't really a software firm.

    13. Re:Execution by icebike · · Score: 2

      I really doubt that they'll be able to do it but it would be interesting to be proven wrong.

      And you really have to wonder why they bother?

      I find it hard to believe that busybox is the ONLY GPL software they are using, so this buys them no "out" of the GPL.

      --
      Sig Battery depleted. Reverting to safe mode.
    14. Re:Execution by dna_(c)(tm)(r) · · Score: 1

      I really doubt that they'll be able to do it but it would be interesting to be proven wrong.

      It is possible, not too big a project at that. But it is pointless, BusyBox exists, they can use it, modify it so why reinventing the wheel? Probably the 'not invented here' syndrome...

    15. Re:Execution by PopeRatzo · · Score: 2

      Trampling by herd of angry gnus.

      Maybe we'll read about it in the gnus.

      --
      You are welcome on my lawn.
    16. Re:Execution by Anonymous Coward · · Score: 0

      If they're using BusyBox, the odds are fairly good that they're using Linux...which means...

    17. Re:Execution by Githaron · · Score: 5, Insightful

      I was thought the GPL was supposed to prevent businesses from exploiting the hard work of volunteers trying to make open software. If a business wants to reimplement a whole piece of software from scratch, I see no reason why we should stop them. Nor the reverse. If the community wants to reimplement software so that there is a open version out there, I don't think businesses should be allowed to interfere. Now, if a business wants to take the GPL'ed software, reimplement part of it and then close the whole thing, now there is an issue.

    18. Re:Execution by Morth · · Score: 1

      Well, I didn't check, but if BusyBox is using GPL 3 then it requires that Sony provides the tools or at least instructions to let you install the software on the device along with the source itself. That's the whole tivoization thing and might be what they're trying to avoid.

    19. Re:Execution by gnasher719 · · Score: 1

      I was thought the GPL was supposed to prevent businesses from exploiting the hard work of volunteers trying to make open software.

      Not at all. If you write some useful software and distribute it under the GPL, any business can take your app and source code, and start selling it without any changes. Obviously according to GPL terms, but that's no hardship if they didn't make any changes. And I'm quite sure the GPL doesn't require them to tell anyone it's GPL licensed before they sell it.

      If they actually _add_ something to your software, that makes it a bit harder, because then anybody (for example you) can take their additions.

      And who says that GPL licensed software is written by unpaid volunteers? Most of it isn't.

    20. Re:Execution by BitterOak · · Score: 1

      "GPL isn't designed to force others to share"

      Yes, it is. You can ask Richard M. Stallman if you don't believe me.

      Umm, no it isn't. All the GPL forces you to do is to release source code if you plan to redistribute GPL code, including code that you modified. You aren't required to share anything, if you don't want to. In other words, you are free to download GPL code, modify it all you like, and use it all you like without sharing a thing. All you're required to do is to release the modified source code (with the GPL license) if you want to distribute your modified binary code. Ditto for GPL code you incorporate in a larger product: must share all source code if you want to distribute code. Not required to otherwise.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    21. Re:Execution by MrHanky · · Score: 1

      If you had checked (which takes less than half the time you spent writing your comment), you would know it uses GPLv2.

    22. Re:Execution by Darinbob · · Score: 2

      GPL forces others to share if they do certain actions. Using software is ok. Modifying software is ok if you hang on to it.. But modifying software and then letting other people have it means you are forced to share the source code.

      It has nothing to do with people getting credit. It's about RMS trying to recreate the "feel free" hacker atmosphere from 70's MIT. A good goal I think but I don't necessarily agree with the means all the time. I like the GPL ideas when you're talking about basic stand alone apps, such as Emacs as the classic example. Ie, you fix a bug then you'd better let other people have access to the source of the fix if you're giving away binaries (such as including it in your OS).

      But GPL has problems with certain things that essentially are mostly useless unless others can modify the code. Libraries are one example; LGPL handles most of those cases but not all, not everyone is able to dynamically link. BusyBox is another good example, it's used in embedded systems which means it very often needs tweaking for the particular application (of course simple enough application that you can just rewrite it in a couple of days).

      It really gets absurd in the cases where you have 100,000 lines of code that's your own but including 2 lines of GPL code means you have to give away your code as it's a derivative work. This is is no longer in the realm of modifying someone else's code where it makes sense to share your mods.

    23. Re:Execution by Githaron · · Score: 1

      And who says that GPL licensed software is written by unpaid volunteers? Most of it isn't.

      The people are getting paid by someone. That person/entity is simply volunteering money instead of development effort and time.

    24. Re:Execution by bug1 · · Score: 1

      "I find it hard to believe that busybox is the ONLY GPL software they are using, so this buys them no "out" of the GPL."

      Busybox is pretty much the only project that enforces the GPL, so if they rewrite Busybox, they might get away with GPL violations.

      About time someone within the Linux Project grew a pair IMO.

    25. Re:Execution by turbidostato · · Score: 1

      "must share all source code if you want to distribute code. Not required to otherwise."

      Quite true. I gave it for granted as I expected such a short, resounding phrase as "GPL isn't designed to force others to share" was obviously to be taken with a grain of salt. My fault.

    26. Re:Execution by serviscope_minor · · Score: 4, Insightful

      It really gets absurd in the cases where you have 100,000 lines of code that's your own but including 2 lines of GPL code means you have to give away your code as it's a derivative work.

      Why do people always blame the GPL for this, not copyright law? Is it equally absurd that including any proprietary stuff that you don't have a license for means that you have to stop using that proprietary code or buy a license? Same with the GPL code: stop using it or buy a license (i.e. by giving away your code).

      --
      SJW n. One who posts facts.
    27. Re:Execution by an+unsound+mind · · Score: 2, Funny

      I don't know what the suitable punishment for such poor punsmanship would be - probably something appropriate but not poetic, like a gag and a straitjacket, just to keep you from making puns about your punishment.

    28. Re:Execution by Anonymous Coward · · Score: 1

      Hi, welcome to Slashdot. First time?

    29. Re:Execution by Darinbob · · Score: 1

      Because the FSF doesn't put in exceptions for this, they're perfectly happy with this sort of status quo. They want everyone to have free software (and to be called GPL code as a secondary goal). They probably know how absurd it is that only 2 lines can screw up someone else's code but they'll live with it happily.

    30. Re:Execution by serviscope_minor · · Score: 3, Insightful

      Because the FSF doesn't put in exceptions for this, they're perfectly happy with this sort of status quo.

      Why should they? If the two lines are so important that you can't write them yourself, then your product is a derivative work and you should pay for the license. If they're not that important then rewrite them.

      They probably know how absurd it is that only 2 lines can screw up someone else's code but they'll live with it happily.

      I've only ever heard this claim made in internet commentary.

      --
      SJW n. One who posts facts.
    31. Re:Execution by TheInternetGuy · · Score: 4, Funny

      >Trampling by *herd* of angry gnus. That's poetic justice.

      Well, done. But surly that's supposed to be a *Hurd*, right?

      --
      If my comment didn't sound as good in your head as it did in mine, then I guess we all know who's to blame
    32. Re:Execution by Mabhatter · · Score: 5, Interesting

      Exactly. I can't record songs off the radio and put them in my YouTube videos, right. One set of copyright advocates has set the bar very high that even background recording has to be trimmed out. They do it less now because they cut a deal with Google to just steal YOUR ad revenue if something is "infringing" rather than take down the item.

      So to the established industry, taking ALL your ad revenue for "one small portion" that infringes is perfectly reasonable. Sony OWNS the companies that WROTE these deals... The GPL is far more leinant because it doesn't deal with damages... Just fix the infringement by adjusting your work and move on.

      These companies all want SOPA. Fine. Let's hear up BusyBox devs to be the first in line with the new style domain seizures... For a company like Sony with hundreds of products all tied to Sony.com getting the "three strikes" on BusyBox alone should take till about noon the day after the rule hits the books. Hopefully the courts would remember WHO pushed for the law!

    33. Re:Execution by Nursie · · Score: 5, Insightful

      It's a matter of the (L)GPL being a shitty license for corporate use. If they wish to use the code they are under restrictions that can mean big problems if they are even accidentally violated.

      This is pretty much pure FUD.

      If they "accidentally" violate a commercial license then they could be on the hook for millions of dollars. With the GPL the choice is generally to distribute the source or stop distributing. Hell, even with the recent "aggressive" enforcement, the only really onerous bit is paying $5k per time to have future FOSS projects vetted. Compared to settling a lawsuit with a commercial vendor, it's peanuts.

      Why *wouldn't* they put the time into rewriting it in house? It's pretty easy when you're essentially transcribing source code.

      If they're transcribing source code then they've absolutely within the bounds of derivative work and will fall foul of copyright law.

      The GPL is a great hobbyist license but it's a pain in the ass at the corporate level, especially when you aren't really a software firm.

      It's less onerous that many commercial licenses. The problem comes from the lax attitude towards it. If people further down your supply chain were including commercial code or libraries without the proper license compliance then things would be worse.

    34. Re:Execution by Anonymous Coward · · Score: 0

      Well you both helped me out. Morth suggested something (which I didn't think of) If he checked, he wouldn't have written the comment. You answered it so I didn't have to check.

      Thank you both :-P

    35. Re:Execution by Anonymous Coward · · Score: 0

      My employer's lawyers have explained to me that the problem for us is one of risk management. The GPL has not been litigated sufficiently, i.e., it is sufficiently complex and there is not enough case law, for the lawyers to assess the risk of using GPL'ed code in our products. So they would rather avoid it except in cases where it would have a severe impact on us.

    36. Re:Execution by s4m7 · · Score: 2

      If they're transcribing source code then they've absolutely within the bounds of derivative work and will fall foul of copyright law.

      There's a well known method of avoidance of this issue. What you do is set up two teams. One team looks at the original source code and writes a detailed spec based on that code. The second team never sees a single line of code from the original project. They use the detailed spec to recreate the program "from scratch" but such as to perform exactly or nearly exactly the same as the original program.

      This method has two safeguards. For one, your "blind" team will most likely write code quite different from the original project. Secondly, you have a clear paper trail of this process so that when the lawyers come a-knockin' you have a stack of documents to show that you did it in a legit fashion.

      --
      This comment is fully compliant with RFC 527.
    37. Re:Execution by Nursie · · Score: 4, Interesting

      Yes, I've heard of this sort of thing, seems a neat enough way to sidestep copyright.

      It's considerably more complex than just "transcribing code", I'm sure it's been done as much in the pursuit of FOSS as in the pursuit of closed source software.

      Out of interest, has this been tried in a court in recent years?
      Just wondering if the general IP hysteria has affected whether or not this procedure is legal.

    38. Re:Execution by WaywardGeek · · Score: 2

      What I have to wonder is a) Why does Sony care about rewriting busybox? With it's GPL 2 license, Sony is free to screw us over all they want with devices we can't hack. b) Why do we care about Sony? A bigger downfall in corporate stature hasn't happened during my lifetime. At this point, not only are they a-holes who we should ignore, but why do they deserve more slashdot time than say GE? They're losers. Let's ignore them.

      --
      Celebrate failure, and then learn from it - Nolan Bushnell
    39. Re:Execution by Anonymous Coward · · Score: 1

      What a ridiculous and contrived scenario. If it's 2 fucking lines of code, and your other 100,000 lines are so important to you that you can't set them free, then why the fuck are you using GPLed code for those 2 lines? WRITE YOUR OWN 2 LINES!

      It's really quite simple, you know. If you're not willing or able to write your own code, then you have to play by the rules set by the person who was willing and able to write the code. If you don't want to play by those rules, then write it yourself.

    40. Re:Execution by grcumb · · Score: 4, Funny

      I don't know what the suitable punishment for such poor punsmanship would be - probably something appropriate but not poetic, like a gag and a straitjacket, just to keep you from making puns about your punishment.

      Punishment? Ha! You must be Gnu here...

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    41. Re:Execution by Runaway1956 · · Score: 1

      Screw us over with devices that WHO can't hack, exactly? I've not actually searched for hacks for all of Sony's devices, but it seems that there are hacks out there for everything they make.

      --
      "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
    42. Re:Execution by Runaway1956 · · Score: 1

      Obviously, if you can buy a law, then the law doesn't apply to you . . .

      --
      "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
    43. Re:Execution by davester666 · · Score: 1

      Its gnu's, all the way down.

      --
      Sleep your way to a whiter smile...date a dentist!
    44. Re:Execution by Anonymous Coward · · Score: 0

      It's a little bit higher-order than that. The GPL doesn't force you to share - it prevents you from forcing others not to share. You're quite entitled to keep your modified copy to yourself, if you don't want to share it.

    45. Re:Execution by Anonymous Coward · · Score: 0

      It's a matter of the (L)GPL being a shitty license for corporate use. If they wish to use the code they are under restrictions that can mean big problems if they are even accidentally violated.

      This is pretty much pure FUD.

      If they "accidentally" violate a commercial license then they could be on the hook for millions of dollars.

      Commercially licensed code is not the only other option. This discussion compares using GPLed code to developing in-house, where there is no chance of liability.

      The rest of your rambling continues with this nonsensical assumption, and is therefor fatally flawed.

    46. Re:Execution by Nursie · · Score: 1

      "Commercially licensed code is not the only other option. This discussion compares using GPLed code to developing in-house, where there is no chance of liability."

      Except TFA refers to an open source model (Sony dev putting out a call to other developers), the whole discussion is about the removal of busybox as a way to sidestep the GPL and the problems it supposedly causes, and the guy I was replying to made the absolute statement that the GPL was a pain in the ass at the corporate level and only good for hobbyists, opening it up for comparison against other licensing models.

      Otherwise sure, totally irrelevant.

      *facepalm*

    47. Re:Execution by Anonymous Coward · · Score: 0

      Great, so please go prove that they're using other GPL licensed software in a manner that violates the license. That's kind sorta maybe described as "proving something before you go flinging accusations around." Of course, if you're just trying to be a sensationalist idiot and stoke ill will, go right ahead with the course you're on.

    48. Re:Execution by mpe · · Score: 1

      All the GPL forces you to do is to release source code if you plan to redistribute GPL code, including code that you modified. You aren't required to share anything, if you don't want to. In other words, you are free to download GPL code, modify it all you like, and use it all you like without sharing a thing.

      It's important to remember that most people (both individuals and corporations) don't distribute software at all. For people who wish to use software the likes of EULAs, CALs, per user/machine, locking to specific hardware, is likely to be far more of an issue. (Especially in a corporate setting.) Since these are restrictions on how the software can actually be used. Whereas GPL software puts no restrictions on use. Including not restricting how many copies you make for your own use.
      If you want to distribute someone else's software copyright law requires that you have the copyright holders' permission to do so. In the case of GPL software the GPL grants you that permission.There is always the alternative of negotiating with the copyright holders.

    49. Re:Execution by simoncpu+was+here · · Score: 1

      Dude, it's 2 fucking lines of Perl code. Don't believe me? Check out the code used for validating an e-mail address.

    50. Re:Execution by shentino · · Score: 1

      2 lines vs 100K I think qualifies as fair use.

    51. Re:Execution by hairyfeet · · Score: 1

      And you don't think they'd be on the hook for millions of dollars if they say used it in the PS4 and by giving out the changes made the PS4 a pirate's paradise? Now who is bullshitting. You have to remember that all the hackers out there aren't white hats wanting to pet kittens and hug bunnies, some of them out there want to snatch as much as they can, others will fuck your shit up just for the LULZ, and there are reason for a company to want to lock down a device. look at all the shitfits over Win 8 putting the lock on the WinARM bootloader, but notice how nobody said anything about how Win 7 has become so widely pirated (Hint...its the bootloader) so anyone with eyes can see why a company would want to lock down the way they got hacked the last time.

      Frankly with the emergence of appstores i wouldn't be surprised if Sony or any other major corp would want a tool like Busybox but want a way to lock it down, just look at the hell Android has had with malware and piracy. While the GPL is fine for SOME use cases it simply isn't the perfect match for ALL use cases which is why we have everything from BSD to proprietary licenses. So frankly I don't see what the problem is, it isn't like Sony has any control over BusyBox, it'll still be there tomorrow, and if you don't like what Sony is doing simply don't buy their products. of course when you consider the fact Sony has posted its fourth losing year in a row that may not be a problem for too much longer as i doubt even Sony can afford to bleed cash forever. If the Vita flops, which considering the 3DS gave Nintendo its first losing year in ages is quite possible, frankly Sony may not being doing too much new anything for awhile.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    52. Re:Execution by Anonymous Coward · · Score: 0

      Why would you want the first step, when Busybox is basically an implementation of the absolutely necessary parts of an existing spec?

      Implementing the pieces of the existing spec that they actually need would make more sense than implementing the pieces that Busybox implements.

    53. Re:Execution by bug1 · · Score: 1

      I think Cisco (linksys) has probably violated the GPL three times, it would be fascinating to them disconnected from the internet, and see how opinions change after that.

      I did mention it to an expert but his view was the three strikes had to apply to end users, i dont rally understand why corporations cant be end users, but anyway...

    54. Re:Execution by Anonymous Coward · · Score: 0

      While the GPL V2 does not mention signing keys specifically, it does require you do release anything needed to build the executable. It does not allow withholding signing keys, it simply doesn't mention them at all. However, you'd need to be a pretty scrupulous lawyer to argue that the signing key isn't needed to build an executable for a system that requires the binary to be signed.

      The whole Tivo-ization thing came about because the company making Tivos have just such a lawyer, and he managed to convince people that there is a hole allowing to withhold the signing key. FSF lawyers took a look at it, and concluded that there might be a problem, and write the GPL V3 to preemptively close the hypothetical hole. The Tivo case never went to court, and nobody knows whether or not a judge would side with their lawyer. However, judges to tend to look at the intend of a license, and it should be pretty clear that a license requiring everything needed to build the binary is to include signing keys when the system requires signed binaries.

      While Sony are some pretty big scumbags, it may just be that their lawyers are a bit more careful than Tivos lawyer. After all, there is a big difference between betting a tiny company on a dubious interpretation, and a huge one. And Sony has some pretty big investments based on copyright law and licensing. They are likely to want to court to use the strictest interpretation of any license - the interpretation that allows nothing the license doesn't allow specifically. And while the GPL V2 doesn't require signing keys specifically, it also does not allow withholding them.

    55. Re:Execution by Nursie · · Score: 1

      And you don't think they'd be on the hook for millions of dollars if they say used it in the PS4 and by giving out the changes made the PS4 a pirate's paradise?

      That hypothetical situaion is not them having to pay out millions to a third party.

      Now who is bullshitting.

      You, as usual.

      there are reason for a company to want to lock down a device.

      Of course there are, in which case they shouldn't be using any GPL code. They probably want to make sure they're not using any unlicensed commercial stuff as well, checking the supply chain. Likely allo that would happen is that they'd have to stop shipping until the matter was resolved and the offending code removed. This would also happen with commercial code. It's very unlikely that they could be forced to open their codebase if they took these actions.

      look at all the shitfits over Win 8 putting the lock on the WinARM bootloader, but notice how nobody said anything about how Win 7 has become so widely pirated (Hint...its the bootloader) so anyone with eyes can see why a company would want to lock down the way they got hacked the last time.

      You're way off base here.

      The bootloader locking is to prevent malware from being loading itself before the OS, and to prevent the loading of alternate, "untrusted" operating systems. Even a pirate version of the operating system loads a real windows kernel...

      Besides which, presumably a windows tablet comes with windows? What's the concern with piracy of the OS there? It's non-windows tablets that are the possible problem, and they won't have locked bootloaders.

      I don't believe Windows 7 was pirated due to PCs having open bootloaders I'm afraid. Plus MS has never shown an interest in stopping this behaviour either, because it benefits them to maintain the mindshare.

      While the GPL is fine for SOME use cases it simply isn't the perfect match for ALL use cases which is why we have everything from BSD to proprietary licenses.

      Exactly, there are all sorts of licenses for all sorts of different situations. If you have no intention of opening your code, don't use GPL'd software. It's pretty easy. No need to go waving your arms about in panic about accidental compliance violations.

      The busybox cases that people seem to get up in arms about are where a company has deliberately used busybox and is not complying license, despite being asked and reminded about it multiple times. These companies are in knowing violation and continue to violate.

      This does not make the GPL "a shitty license for corporate use", IMHO, just one that some companies feel (rightly in many cases) that they can get away with violating.

      So frankly I don't see what the problem is, it isn't like Sony has any control over BusyBox, it'll still be there tomorrow,

      On the surface of it? No, no problem. The motive, however, seems to be to provide an alternative so that companies can continue to violate the GPL, just without the bit that people get serious over. This is what people have a problem with.

      if you don't like what Sony is doing simply don't buy their products

      Yup, I don't buy Sony any more.

    56. Re:Execution by squizzar · · Score: 1

      Well work out how to do it yourself or accept that part of the deal of having someone else work it out for you is that you have to let everyone else see how you did whatever your program does. The deal might be too one sided for you ... if so don't take it.

      You could try asking the original author if they'll let you have a copyright license to those two lines of code (they might appreciate you simply being honest enough to ask) or you could help them put these useful features into a library that they could (again with permission) release under the LGPL and then you could link it in as well as make it useful for a vast number of other people. Or you could offer to pay them for a license to use the bit of code you need.

    57. Re:Execution by Anonymous Coward · · Score: 0

      "GPL isn't designed to force others to share"
      Yes, it is. You can ask Richard M. Stallman if you don't believe me.

      And yet, when Virgin Atlantic used Linux in its dial up free web project - Mr. Stallman's Free Software Foundation could not be bothered to take any legal action. So much for taking belief into the realm of action.

      And if the idea is "stop worrying and just code" - use the BSD licence then.

    58. Re:Execution by squizzar · · Score: 1

      I thought it was the accepted reverse-engineering process - I'm thought there had been a few ICs years back that were cloned by a similar method - the first team with an electron microscope, the second team uses the spec to create a functionally equivalent chip.

    59. Re:Execution by Anne+Thwacks · · Score: 1
      Then your employers are telling you lies. The GPL is well litigated, in many jurisdictions (Google is your friend) and the judges have found it does exactly what is says on the tin.

      However, if there is evidence that your employers have not met with sufficient litigation against them, I am sure it can be remedied. Just try using some closed source code.

      --
      Sent from my ASR33 using ASCII
    60. Re:Execution by Nursie · · Score: 1

      Oh sure, I was just wondering if the ever-expanding area of IP law had encroached on this area lately, DMCA and onwards?

    61. Re:Execution by muuh-gnu · · Score: 4, Insightful

      > It really gets absurd in the cases where you have 100,000 lines of code that's your own but including 2 lines of GPL code means you have to give away your code as it's a derivative work.

      It is really absurd when you want to take code somebody else has written with the intent to make it freely redistributable, and want to change its licence to make it not freely redistributable with the intent to be able to sue users who dare to redistribute what was once free code when you took it.

      Works under the GPL are not intended to become everybody's free code library. They are specifically intended as an enrichment only for "is free, stays free" code. There is a philosophy of freedom attached to it. If you do not share this philosophy of freedom, the code is not available for you.

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

      "but to facilitate sharing while letting the original authors get credited"

      Yes, it is three letters too, but they are not G-P-L. The three letters you are looking for are B-S-D. Seriously: you described the BSD license, not the GPL.

      You must be kidding, since when does BSD "get the original authors being credited" in a meaningful way? If I buy an old msdos videogame bundled with dosbox or scummvm I have to accept a GPL licence agreement during installation, If I buy a cheap TV decoder with Linux on it I can read a notice about GPL in the user manual: what did all those Windows users know about the BSD code in the HTTP stack of Windows? What about OSX users?

      Only those 4 BSD users know that their code is in other operating systems now, but the users of those operating systems don't know in the slightest.

    63. Re:Execution by unixisc · · Score: 1

      just what I was going to say

    64. Re:Execution by unixisc · · Score: 1

      GPL doesn't force others to share, but it does prevent owners from stopping others from sharing their code. In other words, if Acme Software is selling code under GPL3, or even GPL2, they are not obligated to share it, if they wish to sell it for whatever amount they deem fit. But let's say Acme sells it to Dick Gates, and Gates wants to simply give it to Bill Stallman, there is no way Acme can stop Gates from sharing it. In other words, GPL enables a customer to become a competitor, and prevents the original vendor from preventing that within the license. In the above case, Sony clearly doesn't want customers tampering w/ the busybox code, which is why it's trying to develop a less open version of it. RMS may complain about Tivoization and all that, but companies who make something have a legitimate right to not want it to be altered, or voiding the warranties if they are. It's less about getting non-employees to work for them than it is about stopping other people from altering the code within their consoles, or whatever it is that busybox is being used in. Under GPL, if Sony sells something w/ busybox, they have to provide the busybox source code as well, which will mainly be used by hackers, not by their gaming customers who aren't geeks.

      As for TFA, we're already seeing evidence of this - as a result of GCC becoming GPL3, FreeBSD is now offering LLVM/Clang as well, so that their dev customers have a choice of non-GPL products. Linus has said that Linux won't go GPL3, but for him to be effective @ that, he'll have to somehow get a non GNU userland that's not GPL3. Maybe Debian might put together something under a license that both they and he are comfortable w/, be it GPL2 or something else.

      I think the FSF a.k.a. rms is within his rights to make all GNU software GPL3, ignoring the wishes of customers who use it. Similarly, customers are within their rights to look @ a range of alternatives, from various types of FOSS to down & out proprietary software.

    65. Re:Execution by gbjbaanb · · Score: 1

      I'd say its pretty simple all in all, if you want to use it for yourself, then do what you like with it. A lot of people do this, however ... the bit that matters if you want to distribute it (for example to sell it) then you need to give away your changes.

      I think this latter bit is what annoys people, that they cannot sell your code for their profit. Sony executives might be screaming that those hippies are preventing them from selling 'their' code, conveniently ignoring that the majority of the baseline code is written, and given away for free, by someone else.

    66. Re:Execution by unixisc · · Score: 1

      While this may be a laudable goal, one thing that it ends up doing is ignoring the law of unintended consequences. Sure, the goal was that if one gets an executable, one gets everything needed to build it. Good idea, until one starts looking @ how it plays out in the real world.

      In this case, Sony sells something that they just want customers to use as built, not rig into something else. While some types of hacking may not damage a device to the point that it can't be repaired, others might. A vendor is perfectly within its right not to want customers to monkey around w/ the product in ways it wasn't designed to be monkeyed around, which unfortunately flies in the face of what GNU calls Freedoms 1 & 3. While the GPL may very conveniently have a Limitation of Liability clause in it, in the real world, companies know that if a customer has a problem, that'll need to be fixed. So the vendor can't just point to the GPL and tell them that they are SOL.

      And if the vendor is trying to prevent anybody outside the company from making changes to the code, it makes no sense for it to provide that very source code to the customer, who is very unlikely to use it, just b'cos that's what the license of that software decrees. It's like giving a child a very sharp knife, and then telling her that he's not going to be responsible if she cuts herself and bleeds. Just like any adult would avoid giving such a knife to kids regardless of the fact that some kids may well be pretty good w/ knives, similarly, any vendor who wants to avoid software caused alterations to the device is well within his rights to withold code.

      The 'Software Freedom' crowd are @ liberty to ignore this, but that doesn't mean that the only reason people want to violate GPL is so that they can sponge of the work of people not on their payroll.

    67. Re:Execution by Anonymous Coward · · Score: 1

      What I have to wonder is a) Why does Sony care about rewriting busybox?

      (Posting AC on purpose with this one.)

      I can't speak for Sony, but as an embedded developer, I find busybox to be horrible, incompatible with the standard tools in minor ways that cause hard to find problems down the line.

      Secondary, those who sue on behalf of busybox not only want the source to busybox and any modifications to it published, which is reasonable and what the GPL contract says, but any other source on an embedded device, including proprietary code, which the GPL license doesn't call for but they demand through what can only be called extortion - the typical spiel is "publish your code and we'll settle, otherwise look forwards to years in court".

      The benefit of busybox and similar programs is primarily cost reduction. But less so every year, because the available memory for embedded devices increase faster than the standard utilities grow. While it might have been uneasible to have 50 MB of utilities a few years ago, this is no longer the case. Today, it is feasible to use the standard POSIX and GNU tools instead of busybox. The price is higher storage needs and (usually but not always) higher memory use, but the benefits are that you have tools that are 100% compatible, not 90%, and that no one will come after you for YOUR code if you make a mistake and forget to publish a source code change for a GPL app for one particular release.

      In short, what the SFLC has accomplished is to make sure I do not allow busybox on the embedded devices my company produce. They're killing the app by claiming to protect it. If they had dropped the fully unreasonable claim that other unrelated source code must get published too, no matter what trade secrets may be behind the code, they might have had my sympathy and I might have used busybox despite its numerous compatibility flaws. As it is, nope, no way. SFLC has killed it dead, as far as I'm concerned.

      Despite it leaving me with a bad taste in my mouth, I'm with Sony on this one.

    68. Re:Execution by pugugly · · Score: 1

      That's Recursive Justice. It's not Poetic Justice unless you have rhyme or scansion.

      Perhaps a license writ in iambic pentameter.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    69. Re:Execution by McPierce · · Score: 1

      No, the GPL does not force others to share.

      It most certainly does. If you modify code written with the GPL and then release it you have to provide the source code. That's the POINT of the GPL. If you don't release the product for others then, and only then, are you not required to release the source code.

      "The GPL is the first copyleft license for general use, which means that derived works can only be distributed under the same license terms. Under this philosophy, the GPL grants the recipients of a computer program the rights of the free software definition and uses copyleft to ensure the freedoms are preserved, even when the work is changed or added to. This is in distinction to permissive free software licenses, of which the BSD licenses are the standard examples. [from wikipedia]

      --
      Darryl L. Pierce "What do you care what people think, Mr. Feynman?"
    70. Re:Execution by AdrianKemp · · Score: 1

      A few people have already called you out on your mindless drivel, but I'll respond as well since it was my post you were responding to.

      The (L)GPL being shitty in a corporate environment is anything but FUD; anyone who's ever actually looked into it (as in, read the license, talked to lawyers, actually done a cost/benefit analysis) sees that for any product you are selling it's just a bad idea.

      But most telling is the fact that you completely ignore my post, going and talking about commercial licenses. I never once mentioned other licenses. You clearly have no actual arguments for why the GPL is valid, you just create a (really bad) strawman defence.

    71. Re:Execution by unixisc · · Score: 1

      Yes & No. GPL doesn't force others to share what they've received. What it does do is that if others share the binaries, they have to share everything that was required to put those binaries together. Aside from that, as pointed out elsewhere, what it does do is prevent owners from preventing others from sharing, which has serious business repercussions.

    72. Re:Execution by Anonymous Coward · · Score: 0

      The 'Software Freedom' crowd are @ liberty to ignore this, but that doesn't mean that the only reason people want to violate GPL is so that they can sponge of the work of people not on their payroll.

      Actually, you did just describe that. If a company is aware of those things (and they should be) they should either play by the rules and respect the fucking license, like they expect customers and partners to do too or, and this will blow your mind, not use GPL licensed software. Ignoring the license means that yes, they don't give a fuck about the people not on their payroll and yes, they do just want to use dem free softwarez.

    73. Re:Execution by K.+S.+Kyosuke · · Score: 1

      probably something appropriate but not poetic, like a gag and a straitjacket

      You should read some beatnic poetry one day. Or perhaps one of RMS's songs...

      --
      Ezekiel 23:20
    74. Re:Execution by mcgrew · · Score: 2

      While some types of hacking may not damage a device to the point that it can't be repaired, others might.

      So what? If you ruin a device you've bought, paid for, and OWN, why should Sony care if you ruin it? You've voided the warrantee and it's not only not costing them a dime, you'll likely buy another one unless you were hacking it because it was crap and you wanted to add functionality.

      This sort of hacking is exactly what I did as a teenager when I'd turn a $10 transistor radio into a $200 guitar fuzzbox using $2 worth of parts I'd sell for $50. Nothing the radio manufacturer could or should do about it. Once I have your product and you have my money, our relationship is done except for any contractual obligations, such as a warrantee.

      A vendor is perfectly within its right not to want customers to monkey around w/ the product in ways it wasn't designed to be monkeyed around

      Again, WHY? You spew this unreasonable and obnoxious opinion without giving a single reason why you hold such an absurd view. I paid for it, I own it. I can do any damned thing I want to it. Ford has no right to tell me I can't install a different radio or different brand of spark plugs, why do you give a free ride to Sony?

      in the real world, companies know that if a customer has a problem, that'll need to be fixed.

      Bullshit. If the product has a design flaw, then it needs to be fixed. If the customer takes a hammer to it, the manufacturer is under no obligation to repair it.

      And if the vendor is trying to prevent anybody outside the company from making changes to the code, it makes no sense for it to provide that very source code to the customer

      If they want to prevent anyone from seeing their code they should write their own damned code.

    75. Re:Execution by mamas · · Score: 1

      You're wrong. That's not why the GPL was invented. There must be a lot of uninformed people out there to mod that insightful...

      The GPL was invented as license that preserves the user's 4 freedoms as the code is passed between users:

        http://www.gnu.org/philosophy/free-sw.html

      The FSF, who wrote the GPL, are totally okay with businesses using GPLed code. (a link to a reference escapes me now, but it's there over fsf.org).

      You're also wrong in thinking that only volunteers use the GPL -- lots of company's have business models mounted on GPL code.
      E.g., Red Hat, AdaCode, .. You're dead wrong if you think for example, the Linux kernel, which is GPL, is written mostly by volunteers.

    76. Re:Execution by unixisc · · Score: 1

      In principle, you are right. Once one buys it, one owns it and can do anything w/ it, and the vendor has no more say in the matter.

      Except that in the real world today, vendors typically do fix it and take a hit, even if the fault is entirely that of the customer. Reason being simple - the desire to avoid bad publicity, or lose repeat business. Since most vendors know that disclaimers notwithstanding, this is the risk they are taking, they are perfectly justified in locking down the systems before they sell them. If Ford thinks that a different brand of spark plugs would cause an engine malfunction, they'd be within their rights to design the chassis so that only their brand can go in.

      I agree w/ your last point - and that's precisely what Sony is doing - writing their own damned code. They don't want you to take the BusyBox code, add something to it and make their console do something that they can't fix if it goes wrong, so they're doing what they think will prevent it from going wrong that way.

    77. Re:Execution by unixisc · · Score: 1

      I should have said 'sidestep GPL' rather than 'violate GPL', since it's not the same thing. What Sony is doing - writing an alternative to BusyBox - is a legitimate way of sidestepping it.

    78. Re:Execution by mcgrew · · Score: 1

      I'm offtopic so someone please mod me as such, but I'm curious -- why do you capitalize acronyms but not the first letter in a sentence? I know folks who have physical problems that make using the shift key painful, but if you're putting acronyms in caps that's obviously not the cse here.

    79. Re:Execution by hairyfeet · · Score: 1

      Are you REALLY this clueless? Or are you being obtuse just so you can troll? Okay let me spell it out so you can understand, the bootloader hack lets you load a hacked version of Windows that will PASS WGA, so that pirates can pass out fake Windows as legit, since the user isn't gonna examine the bootloader MSFT has pretty much given up on Windows 7 because there is no way to tell pirated from real for the average Joe. As for WinTab? do I REALLY have to spell it out? i guess so, its called "app market" which with a hacked bootloader you could just take any app and clone it. Take a look for Android games and apps on any P2P, they have cloned the living shit out of every single one. you can have Angry Bird or Plants VS Zombies in under 3 minutes. as we saw with the X360 hack once the OS is pwned that's it, piracy WILL explode, so locking down the very first stage is critical if they want to have even a prayer of stopping it.

      But you know this don't you? Surely the GNUlaid hasn't blinded you THIS much, has it? If it has you do make a perfect example of why nobody takes FOSS seriously, because you'll completely ignore anything that doesn't fit into your perception bubble. Funny that your type often make fun of Apple and the RDF when yours is 50 times more powerful, only it isn't pro Linux, its anti corporations. But I hate to break the news to ya but most of us can't squat on a major college campus and act like this and get away with it. The simple fact is your leader is like the republicans, longing for a time that never really existed and certainly isn't coming back. hell the man still addresses audiences as "hackers" like he's at a 1974 meeting of the local computer club. But nowadays a single console can cost easily several hundred million in R&D and its 100% legal to simply clone your code and take it. Don't put the code out there for anyone to see if you don't want to lose control. You watch, once Sony has a clone up of BusyBox under BSD those supporting BusyBox with funds will walk away.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    80. Re:Execution by DM9290 · · Score: 1

      Except that in the real world today, vendors typically do fix it and take a hit, even if the fault is entirely that of the customer. Reason being simple - the desire to avoid bad publicity, or lose repeat business.

      what vendors do for good publicity is part of their marketing and it is a business decision. No one is FORCING them to do it, and it isnt grounds for expecting consumers to relinquish their property rights in the merchandise after sale.

      In any case a vendor that spends a dollar helping a customer out of a bind is quite likely to then spend 3 dollars telling the world how they go out of their way to help a customer out of a bind.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    81. Re:Execution by DM9290 · · Score: 1

      GPL forces others to share if they do certain actions.

      GPL does not force you to do anything.

      Making and distributing copies or derivative works of material that is still under copyright and without authorization from the copyright holder is prohibited by copyright law. The GPL is a method for obtaining authorization.

      The GPL is a license. No one forces you to accept the terms of the license. You can simply obtain a license directly from the copyright holder just like any proprietary software, and privately work out whatever terms you find agreeable.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    82. Re:Execution by DM9290 · · Score: 1

      And I'm quite sure the GPL doesn't require them to tell anyone it's GPL licensed before they sell it.

      The GPL does not require anybody to do anything - IT IS A LICENSE - NOT A CONTRACT. However the GPL does not grant you the right to claim to be the author of something you did not write.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    83. Re:Execution by DM9290 · · Score: 1

      If they're transcribing source code then they've absolutely within the bounds of derivative work and will fall foul of copyright law.

      There's a well known method of avoidance of this issue. What you do is set up two teams. One team looks at the original source code and writes a detailed spec based on that code. The second team never sees a single line of code from the original project. They use the detailed spec to recreate the program "from scratch" but such as to perform exactly or nearly exactly the same as the original program.

      This method has two safeguards. For one, your "blind" team will most likely write code quite different from the original project. Secondly, you have a clear paper trail of this process so that when the lawyers come a-knockin' you have a stack of documents to show that you did it in a legit fashion.

      Why do you figure this legit? If A is a derivative of B and B infringes on the copyright of C, then guess what: A is an infringing derivative of C.

      If you write "detailed spec based on that code" that accurately captures exactly the nature of the code, then the spec itself becomes a derivative work and is a copyright violation. The source code produced from that spec is a derivative of the spec and is thus also a copyright violation.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    84. Re:Execution by unixisc · · Score: 1

      Regardless of their motives, facts remain that they end up having to put a certain #manhours in fixing problems caused by customers who try altering the code. If they can disable that capability of customers, it saves them from having to put in those manhours. It's like not giving a toddler a steak knife, instead of giving her the knife and having the first aid box ready on hand.

    85. Re:Execution by s73v3r · · Score: 1

      No, the GPL does not force others to share.

      If you use it, and distribute it, it does. Saying that it doesn't force you to share because you can just "not use it" is absolutely obtuse.

    86. Re:Execution by s73v3r · · Score: 1

      So what? If you ruin a device you've bought, paid for, and OWN, why should Sony care if you ruin it?

      Well, while most of us might be smart enough to tinker safely, and know that this is violating our warranty, the majority of people won't. They'll hear there's some cool stuff you can do, and run off and try it. And when they fuck their device up, they're gonna call up Sony and say their shit's broken. Either Sony fixes the thing, despite the warranty violation, or they tell the customer to politely piss off, in which case the person gets angry and starts bitching about how terrible Sony is. It's a lose-lose situation for Sony. And replace Sony with just about every other consumer electronics manufacturer out there, and the case will be the same.

      Bullshit. If the product has a design flaw, then it needs to be fixed. If the customer takes a hammer to it, the manufacturer is under no obligation to repair it.

      In theory. In reality, they know that customer will go ranting all along the intarwebs, and many others will hear him, and it will be damaging to them.

    87. Re:Execution by s73v3r · · Score: 1

      If they had dropped the fully unreasonable claim

      How is it unreasonable? Do you seriously think you should be able to get off with nothing more than a "My bad. Here you go"? You had the intent of saying "Fuck you!" to their project, when you knew the terms ahead of time. You knew what required, and decided to piss all over those terms. Why shouldn't you be punished?

    88. Re:Execution by s73v3r · · Score: 1

      That's not absurd in the least. If you didn't want to share the code, why not write it all yourself? You knew the terms under which you used those few lines of code before you used them.

    89. Re:Execution by s73v3r · · Score: 1

      Why the fuck should they put in exemptions for this? No other proprietary license does, so why should they?

      And if only "two lines" can fuck up your code, then why didn't you write them yourself if you didn't want to open source your project?

    90. Re:Execution by s73v3r · · Score: 1

      if Acme Software is selling code under GPL3, or even GPL2, they are not obligated to share it, if they wish to sell it for whatever amount they deem fit,

      While there's nothing preventing Acme from selling it, they do have to share the source as well, as they are distributing it.

      And I wouldn't buy it from Acme anyway, as it would probably blow up in my face (literally). Although it would get here quite quickly.

      but companies who make something have a legitimate right to not want it to be altered

      Maybe. But in that case, they need to do what Sony (although it seems as if the project just happens to be headed by someone who happens to work at Sony, and the project isn't Sony's at all) is doing, and write it themselves. You may not want your stuff to be altered, but if you're going to use my code, you have to agree to my terms.

    91. Re:Execution by s73v3r · · Score: 1

      If you're not going to redistribute, then the GPL doesn't apply to you anyway, so saying that is kind of stupid. It's like saying that Google's privacy policy doesn't apply to me if I don't use Google products.

    92. Re:Execution by s73v3r · · Score: 1

      And I'm quite sure the GPL doesn't require them to tell anyone it's GPL licensed before they sell it.

      Yes, it does. Any distribution of GPL software is required to come with a copy of the license.

    93. Re:Execution by s73v3r · · Score: 1

      The GPL does not require anybody to do anything

      Obviously in this situation, someone distributing GPL code, it does. Otherwise your licence is revoked, and you are guilty of copyright infringement.

    94. Re:Execution by s73v3r · · Score: 1

      That's how Compaq originally reverse-engineered the IBM BIOS.

    95. Re:Execution by s73v3r · · Score: 1

      The spec itself is not a derivative work. A spec merely documents how something works. How something works is not copyrightable.

    96. Re:Execution by s73v3r · · Score: 1

      as we saw with the X360 hack once the OS is pwned that's it, piracy WILL explode, so locking down the very first stage is critical if they want to have even a prayer of stopping it.

      And yet, software for the Xbox 360 is still selling incredibly well. Hmmm, would seem to invalidate your point.

      Quite frankly, your entire post is hypothetical and alarmist bullshit. And it all comes down to one simple thing: I don't give a shit if you want your stuff locked down or not. If you're going to use MY software, you're going to abide by MY terms. And if you don't like it, you can piss off and write it your own damn self, taking your time and money to do so. Which is what someone else (it's actually NOT Sony, just some guy who happens to work at Sony. Sony has not endorsed the project at all) is doing.

    97. Re:Execution by s73v3r · · Score: 1

      No, it was your post that was FUD and drivel. You complain about the costs of having to comply with the (L)GPL, while acting like no other license, commercial or not, has compliance issues and costs.

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

      I have no idea what you mean by "transcribing" code.

      The bottom line is whether code is "copied," within the meaning of the copyright act. Copyright protects the expression of ideas only, and not ideas themselves. Accordingly, reading code and independently developing code that does the same thing is completely lawful, although proving that you did an independent development is difficult if the results are "substantially similar" to the original if you admit (or the other side can prove) that you accessed the original.

      Note that the code can be nearly identical in cases without infringement as well, if the defendant can adequately prove that they "clean roomed," the work, essentially disproving "copying," by proving that the reverse engineering of the code was accomplished independently of the rewriting. Striking similarity, of course, raises serious proof issues, but if proved, it is a total defense.

    99. Re:Execution by w.hamra1987 · · Score: 1

      No idea, really.. I don't have any issue with the shift key, but i guess it has more to do with fast typing, though come to think about it, capitalizing first letter in sentences won't slow me down. As for acronyms, it's just because it's terribly ugly to see it "gpl", I also capitalize proper names... If it pains you to read improper capitalizations, then there! This is a properly capitalized post now! :D

      --
      my sig pwns your sig
    100. Re:Execution by Darinbob · · Score: 1

      My point is not about whether or not you can recreate those lines, but the idea that your entire project is now tainted by coming into contact with those lines. This is why the commercial and professional programming world has being taught to avoid GPL.

      Yes only 2 lines is an extreme case and it's trivial to write this stuff yourself, but the license is written such that the size does not matter and RMS has defended this way of thinking. Code authors are free to put on any restrictions they like and I'm happy with that. But it's disingenuous to put on severe restrictions and then call it "free", or going even so far as claiming that things like BSD are "less free".

    101. Re:Execution by AdrianKemp · · Score: 1

      You've gone straight into moron territory.

      One last time I never mentioned other licenses ready for this...

      AT ALL

    102. Re:Execution by abhi_beckert · · Score: 1

      It has nothing to do with people getting credit. It's about RMS trying to recreate the "feel free" hacker atmosphere from 70's MIT.

      If that was his goal, he failed miserably.

      In all my years working with GPL'd code, complying with the license has been a huge headache even for projects that have every intention of keeping the code open.

      I've sworn off GPL now. I won't get involved in any more projects that use the license.

    103. Re:Execution by s73v3r · · Score: 1

      My point is not about whether or not you can recreate those lines, but the idea that your entire project is now tainted by coming into contact with those lines.

      And this is different from any proprietary license how?

      but the license is written such that the size does not matter

      By and large, it shouldn't. Two lines could either be nothing, or they could be critical to your entire project.

    104. Re:Execution by s73v3r · · Score: 1

      And that's the fucking point. You are acting like the GPL is completely unique in this situation. It's not. Just about every other license has costs of compliance as well. Acting like the GPL is some burden because you have to comply with it is just asinine.

    105. Re:Execution by sulimma · · Score: 1

      > It really gets absurd in the cases where you have 100,000 lines of code that's your own but including 2 lines of GPL code means
      including 2 lines of ANY code makes it a derivative work. That's copyright law.

      > you have to give away your code as it's a derivative work.
      The GPL allows you to automatically obtain a license to the code you included, without getting a specific prior permission from the author. All you have to do is open up the code.

      Of course all other ways to get a copyright license for those two lines are still open to you. (like, you know, paying the author)

      So, the GPL is not taking anything away, it is just giving you an additional option to normal copyright law. It might be true that in your scenario this additional option is almost worthless, but you are still better off than with code that is not GPL licensed.

    106. Re:Execution by mcgrew · · Score: 1

      Except that in the real world today, vendors typically do fix it and take a hit, even if the fault is entirely that of the customer.

      Example? Seems to me you're wearing rose colored glasses; I see companies covering up design flaws, software bugs, even in dangerous items like cars and drugs.

    107. Re:Execution by mcgrew · · Score: 1

      Thanks, it does make it much more readable.

    108. Re:Execution by fudmer · · Score: 1

      Copyright is use by entrenched interest of the rule making power of the state to block independent competition from participating in commercial space. Everyone wants to monopolize the commercial space of a nation? In a state that has a government that protects its commercial space by its rule of law powers "independent entrepreneurial competition" is effectively denied. It might be difficult at the corporate level to work with the open source gpl license, but it is impossible for independents to work with the corporate copyright monopolies. The loss damage expectation to "infringement risk" makes the difference. A large corporate fictitious person can absorb the loss (hence take the risk) of an infringement action but a new startup, or independent developer, will usually find the legal cost alone to be terminal.

    109. Re:Execution by turbidostato · · Score: 1

      "since when does BSD "get the original authors being credited" in a meaningful way?"

      Humm... since its very beginning?

      Extracted from the original BSD licence (around 1988):

      "Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the ."

      And then, clauses 2nd and 3rd of the standard BSD license:

      "2. 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.
      3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the ."

      In fact these two first BSD licences were considered by some people *SO* demanding about crediting authors (the scalating advertisement problem) that a "new" DSB license (usually known as "three clauses BSD" or "BSD modified") was devised in which the original authors STILL must be credited by retaining the original copyright note in the sources and reproducing it in the binary versions.

  2. As far as everyone else by inode_buddha · · Score: 5, Insightful

    I think GPL enforcement sould go just as far as everyone else. It should go as far as copyright law allows and as far as the copyright lobby goes.

    --
    C|N>K
    1. Re:As far as everyone else by Daniel+Phillips · · Score: 2

      Without cheating, without being oppressive and without being a force for evil. Which is the case today, in everybody's opinion but a few shills with an agenda, usually in the form of a paycheck.

      Anyway, I encourage Sony to fork Busybox. They will likely be able to make some improvements, however over the long run their fork will likely degenerate to the same quality as their typical software efforts, which to be honest, I am not much impressed with. When they get tired of that work and expense, and their new homemade bugs, they will go back to the real thing and be happy about it. In the meantime, perhaps they will stumble upon some good ideas suitable for rolling back into the Busybox tree.

      --
      Have you got your LWN subscription yet?
    2. Re:As far as everyone else by turgid · · Score: 1

      A fork is not a rewrite.

      If Sony want to have their cake and eat it, they are free to develop their own busybox-like suite of tools, on their own dime, and they can probably cannibalise some BSD code to get off to a flying start.

      It's been a long time since I had time to browse any of the code repositories out there, but last time I looked, the BSD people (Free, Net, Open, ...) all had their own BSD-licensed unixy command-line tools.

      Goodness, me, unless I'm mistaken, that stuff's been about for longer than GNU. (My beard is getting grey so forgive me if I'm rambling inanely).

      Heck, if you want "real unix" tools, Sun released the official source under the CDDL a few years back.

      OK, I know busybox is a very small reimplementation, but as I tried to point out first, it's enough to get Sony off to a flying start...

    3. Re:As far as everyone else by stephanruby · · Score: 3, Interesting

      Except that even copyright law is being treated differently in different countries.

      In Germany for instance, a few court rulings set the precedent that in order for German developers to maintain their rights under copyright, they must actively defend those rights (so not surprisingly, German open source developers are doing just now right now and they're currently contacting/suing everybody who are using their code but not complying with their license).

      And in places like Tawain, Chinese manufacturers are not even paying lip service to open source (even if providing the sources to their modifications wouldn't be difficult at all). So they're not getting sued at all, unless they have offices in the US, because it's far easier to sue in the US than it is in Tawain.

    4. Re:As far as everyone else by stephanruby · · Score: 1

      Oops, made a typo: Should be Taiwan, not Tawain.

    5. Re:As far as everyone else by Anonymous Coward · · Score: 0

      Care to cite a couple of those rulings? (IOW, I don't believe you.)

    6. Re:As far as everyone else by afabbro · · Score: 1

      because it's far easier to sue in the US than it is in Tawain.

      Let's leave Lionel Tawain out of this.

      --
      Advice: on VPS providers
    7. Re:As far as everyone else by Anonymous Coward · · Score: 0

      Shouldn't GPL enforcement be done by the U.S. Government...after all, when most corporations got the Feds to go after other countries for violations of copyrights...

    8. Re:As far as everyone else by Plunky · · Score: 2

      It's been a long time since I had time to browse any of the code repositories out there, but last time I looked, the BSD people (Free, Net, Open, ...) all had their own BSD-licensed unixy command-line tools.

      Speaking as a NetBSD user (and developer) we do have something that looks similar to busybox under /rescue, a statically linked binary which acts differently depending on how you call it. See the "list" file at cvsweb for common utilities included and the build seems easy enough to configure your own utilities as required. rescue(8)

      FreeBSD at least has a simlar tool, not sure about OpenBSD..

    9. Re:As far as everyone else by stephanruby · · Score: 1

      I can't find a citation, but that's ok, I'll live even if you don't believe me.

  3. Slashdot double standards by Anonymous Coward · · Score: 4, Insightful

    Slashdot on piracy: "Abolish all copyrights! Copying isn't theft! Everyone is entitled to everything!"
    Slashdot on the GPL: "Gee whiz, the GPL copyright license protects this code. Down with leeching violators! Protect against GPL theft!"

    1. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      Have you ever once considered that not everyone on Slashdot is the same? While you wrote your flaimbait-ridden comment, did you consider the fact that some people could also believe that copyright should cease to exist, but while it does exist, the GPL could be useful?

      I doubt it.

    2. Re:Slashdot double standards by Jorl17 · · Score: 1

      The thing is that most copyright stuff involves getting money out of that project, while the GPL stuff might also involve money, just the other way around.

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    3. Re:Slashdot double standards by ad454 · · Score: 5, Insightful

      There is a huge difference between copyright enforcement against individuals in the context of personal use, and organizations in the context of earning signifigant revenue.

      Most people including those on Slashdot, do not think it is reasonable to sell a pirated DVD movie on a street corner for profit, but consider it okay to download that same movie for media shifting for personal viewing.

      Sony should be applauded for making their own BusyBox alternative, rather than violate the GPL. Hopefully it will be released as opensource with a different licence, for those that want an alternative choice. Adding more choice is a good thing!

    4. Re:Slashdot double standards by busyqth · · Score: 5, Funny

      Indeed. The only thing that has stopped me from producing such a heavily commented disassembly of Microsoft Office is that it is sadly illegal.

    5. Re:Slashdot double standards by Dahamma · · Score: 4, Insightful

      Never understood why people thought getting money for your work was a bad idea...

    6. Re:Slashdot double standards by Anonymous Coward · · Score: 2, Insightful

      I hear the no overlap argument all the time. When 99% of the posts are pro-piracy and 99% of the posts are anti-GPL violation, one should start to suspect that that argument is 99% bullshit.

    7. Re:Slashdot double standards by Jorl17 · · Score: 1

      I did not deny that at all. Whaat I am saying is that these are not "double-standards". When copyright is brought up and bashed, it's because a company wants to make (usually too much) money from it. When GPL comes up it's because...a company wants to make money abusing GPL...or something similar.

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      Have you heard about SoylentNews?
    8. Re:Slashdot double standards by Dahamma · · Score: 1

      Sorry, you did not - I was just projecting to the surprisingly common (especially considering how many make their living on software or other high tech development) opinion here that all copyrights are bad ;)

    9. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      When it becomes money for your work getting other people's work, and your share goes up several factors beyond theirs.

      Especially when it goes up in perpetuity.

    10. Re:Slashdot double standards by geminidomino · · Score: 1

      that argument is 99% bullshit.

      As is your completely fabricated "99%" statistic.

    11. Re:Slashdot double standards by Dahamma · · Score: 1

      When it becomes money for your work getting other people's work, and your share goes up several factors beyond theirs.

      Welcome to all commerce, politics, business, and industry of all types for the last couple of millenia.

    12. Re:Slashdot double standards by Pentium100 · · Score: 1

      1) Without copyright GPL would not be necessary. If a company took the open source code, modified it and released only the binaries, it would be legal to disassemble it and figure out what the changes were. It would also be legal to distribute the binaries for free, even though the company is asking for money.

      2) It looks like /. is against commercial piracy, that is, downloading a movie for yourself is fine, burning it to a DVD and selling said DVD for profit would be bad. If I do not distribute my modified GPL program, I am not in violation of GPL for not distributing the source. Violating GPL for profit is bad.

      See? It's quite consistent.

    13. Re:Slashdot double standards by b4dc0d3r · · Score: 1

      But Microsoft provides a public symbol server, in case you are debugging kernel components or low level drivers or such and need to figure out why.

      Disassembling with a tool that downloads the symbols is essentially a well commented disassembly. A few plugin types can automatically make sense of most of the rest of the code. No manual work involved.

      So the only thing preventing you from doing it is that you don't actually have to do it.

    14. Re:Slashdot double standards by icebraining · · Score: 3, Informative

      painting all of Slashdot with one brush only makes people dismiss your position.

      You mean, exactly what you did in this post just earlier today?

      Pot, kettle.

    15. Re:Slashdot double standards by icebraining · · Score: 1

      There's no inconsistency. Enforcing the GPL just gives an incentive to other companies to lobby for the abolishing of copyright.

    16. Re:Slashdot double standards by icebraining · · Score: 0

      painting all of Slashdot with one brush only makes people dismiss your position.

      You mean, exactly what you did in this post just earlier today?

      Pot, kettle.

    17. Re:Slashdot double standards by wiredlogic · · Score: 1, Informative

      Sony should be applauded for making their own BusyBox alternative, rather than violate the GPL.

      That's not what they're trying to do. Sony wants a non-GPL alternative to Busybox so they can avoid being forced to comply with providing source to other GPL'd components they distribute. There's nothing honorable or applause worthy in that.

      --
      I am becoming gerund, destroyer of verbs.
    18. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      It does seem like a comical and ill thought out position until you realise that "making money on intellectual creations" and "copyright" are about as poorly linked as "law" and "morality".

      Copyright is necessary to make money about as badly as a baseball bat is necessary to go shopping. Sure, you can think you have a natural right not to be slowed down and see smacking down people that get in your way as you enforcing your rights but there is a moral issue with this that is all too often ignored.

    19. Re:Slashdot double standards by Nursie · · Score: 1

      Yup, because dissassembly is so easy!

      I hate this line of argument. A mechanism to keep the source flowing is useful even in a world where reverse engineering and distribution of binaries is allowed.

      I'm not sure how you would achieve it, but it's still useful.

    20. Re:Slashdot double standards by Xtifr · · Score: 1

      Yes, because it's clear that over 10% of the slashdot audience posts on every story. No possibility that one type of story attracts one set of commentators and another attracts a different set. No, that couldn't possibly be the case.

    21. Re:Slashdot double standards by Kagetsuki · · Score: 1

      I don' think you understand the GPL and how it relates to copyright. The GPL allows free use and modification under the conditions that if you modify it you must provide the modifications (assuming you distributed your modified version) OR - and this is the beuty of the GPL - you obtain a separate license from the copyright holder. In the end GPL is more or less an enhancement to copyright which provides for an open model without nullifying the creators copyright and thusly allowing for an open model without the risk of stealing (EG: BSD/MIT software being modified and sold in closed source packages).

    22. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      I would be perfectly fine with the GPL being defanged if it meant all copyright was defanged. The GPL is simply making the best of the situation as it currently stands.

    23. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      It's not really a double-standard: in both cases, the answer is "share everything with everyone".

    24. Re:Slashdot double standards by phantomfive · · Score: 1

      Slashdot double standards

      It's almost as if there is more than one person on Slashdot, with more than one opinion.

      I personally favor copyright, especially reasonable copyright, but I gave up posting in stories about piracy because they tend to be full of rage against anyone who doesn't like piracy. In this kind of story, I am more likely to post, because I strongly favor the GPL and use it in my own stuff when I can.

      I am one person, who has a more-or-less consistent viewpoint. Others have other viewpoints. Slashdot is where can come together and discuss our disagreements.

      Really. In many stories you will find posts with opposite viewpoints that get modded up.

      --
      "First they came for the slanderers and i said nothing."
    25. Re:Slashdot double standards by Kjella · · Score: 4, Insightful

      There's nothing honorable or applause worthy in that.

      How often have you heard "If you don't like it, write it yourself" or something to that effect here on Slashdot? Assuming they do so without deriving from the Busybox code, what's not honorable about that? It is far more honorable than every company that has tried to weasel their way around the GPL, either in spirit or letter. Of course the OSS community would like them to continue contributing to open source so I wouldn't expect applause, but there's no dishonor in abstaining.

      --
      Live today, because you never know what tomorrow brings
    26. Re:Slashdot double standards by similar_name · · Score: 2

      I love how so many people paint every disagreement is such terms. You see 99% of post as pro-piracy. I see the vast majority of posts being against insane copyright laws. I can certainly be for copyrights and at the same time think a copyright law that lasts multiple generations is stupid. Unfortunately, our leaders have painted everything in absolutes and enough people believe them.

    27. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      Consider the following position:

      All code should be free to modify and redistribute! There should be a law making it so! But there isn't, so for now we're going to hijack an otherwise rather odious piece of legislation (copyright law) to partially implement this ideal.

    28. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      You have no particular right to decide how much money is "too much." Your opinions on the matter are valid only insofar as they concern your life, and your personal greed to collect the works of others is not subjectively more morally correct than some random copyright holder's greed for profit.

    29. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      It is useful but the lack is offset by other options. We have the GPL because it fits the situation, in another world we'd, perhaps, have much more advanced disasemblers that would also be useful to us, but there's little incentive to create them. Instead they'd have to make due with social pressure and we have to make due with tools intended primarily to get your own stuff that you are well familiar with on the source level fixed.

    30. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      >I see the vast majority of posts being against insane copyright laws

      Oh, yeah, riiiiiiiiight, that's why there was so many posts in the MegaUpload shutdown threads, they were all protesting against insane copyright laws. How noble. *cough*bullshit*cough*

    31. Re:Slashdot double standards by peawormsworth · · Score: 1

      Slashdot on piracy: "Abolish all copyrights! Copying isn't theft! Everyone is entitled to everything!" Slashdot on the GPL: "Gee whiz, the GPL copyright license protects this code. Down with leeching violators! Protect against GPL theft!"

      Obviously the 2 licenses are polar opposites. One license is designed to specifically prevent sharing and the other is designed to specifically force sharing. I know I am over simplifying, but if u cant see any difference between these two types of licensing... then generalisation is wat u need.

      Its like complaining about someone who believes that private gun ownership should have more control and then push this in their face when the army uses guns to defend their country. Theirs a big difference between the two implementations. Get it?

    32. Re:Slashdot double standards by Dahamma · · Score: 2

      Please explain to me how someone can make a $100M+ movie or video game and freely allow anyone to copy, show, or use it in any way they want and still make back their expenses plus a reasonable profit (as should be expected from a somewhat risky venture).

      I'm all for limiting copyright to levels way below their original mandate, let alone their absurd current state. Even the range of 3-5 years max would let most works make 95%+ of their lifetime earning potential (as is their right for creating the work!) until it passes into the public domain.

      But there WAS good intent in the original copyright clause of the Constitution (at which time works of art were almost entirely individually produced) - it has just been perverted beyond recognition by modern corporate interests and the Congresspeople in their pockets...

    33. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      Bonch is a troll. He's probably not even going to read your reply.

    34. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      They are only doing this because BusyBox is the most weaponised GPL project, it can be used to force companies into line with the rest of their violations. Avoiding busybox to not get caught using it would be fine, but the intent is to avoid it so they can get away with other violations (e.g linux kernel, iptables, etc)

    35. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      How much money is "too much money" exactly?

      In both instances a company is attempting to make money. In both instances, it is copyright infringement, so where is the difference? There isn't one.

    36. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      The thread about how the FBI didn't care whether or not the data was legal, it was to be deleted anyway, just for being hosted on the same servers as illegal data?

      While not copyright law itself, yes, that was about insane copyright enforcement.

    37. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      You have the argument upside down. Nobody should think of supporthing themselves with work where there's no money to be made. That's why we recommend that children should go to school instead of playing basketball. ("Oh, why are you against basketball players making money?!" "No, I'm not. I'm just saying you have virtually no chance of making a living that way.")

      I'm for abolishing copyrights. If it removes the market from my work, I'll have to do something else for living.

      But as for the original question: The copyright holder is free to enforce their rights to the full extent of the law. It's nobody else's business but the copyright holder's.

    38. Re:Slashdot double standards by kyrsjo · · Score: 1

      Slashdot is not one person, its a forum where people with often very different opinions are posting. Also, not everyone of these people are interested in the same stories, and I find it plausible that some groups sharing some opinions are more interested in certain stories than others.

    39. Re:Slashdot double standards by makomk · · Score: 2

      Of course the OSS community would like them to continue contributing to open source so I wouldn't expect applause, but there's no dishonor in abstaining.

      They're not abstaining thought - they're still planning to use the GPL-licensed Linux kernel and probably other GPL components as well, it's just that they know that no-one is going to sue them when they fail to comply with the license on those. So this essentially means they can get away with violating the GPL whereas before they'd have been forced to actually comply and release source for all their GPL components by virtue of Busybox's license enforcement efforts. It looks very much like evidence of willful infringement to me, though IANAL.

    40. Re:Slashdot double standards by orasio · · Score: 1

      Such fine trolling does deserve an answer.
      1 - Slashdot on copyright infringement: Copying isn't theft. People should be free to share stuff.
      2 - Slashdot on GPL infringement: GPL infringement is a bad thing, it deprives people of the right to share stuff.

      There is, here in /., a popular sentiment against the current state of copyright law in the US.
      Copyleft licenses are built on the same idea, to fix the problems [that their authors believe] copyright causes on the spread of knowledge.

    41. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      Who's to say that it's actually necessary for a movie to cost $100M+? A world without copyright might be a world where movies make less money, but then it would also be a world where those who supply goods and services to filmmakers can't charge as much. So maybe Hollywood actors and directors would live in modest homes, rather than having five mansions. Maybe we'd see less CGI in movies, and more basic storytelling (gasp!).

      There was a model for artists to make a living before copyright law existed, and there would be a model if copyright was dismantled.

    42. Re:Slashdot double standards by Anonymous Coward · · Score: 0

      Well... And Hollywood & others
      on piracy "You made a copy for safe keeping, throw him in jail"
      on GPL&CC "Oh, free stuff. Lets sell it as our own.."

    43. Re:Slashdot double standards by Jorl17 · · Score: 1

      Sure, because with my greed to collect the works of others I can buy cars, better health insurance, bribe people, etc. Oh, and these "others" also get paid so much, right?

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      Have you heard about SoylentNews?
    44. Re:Slashdot double standards by s73v3r · · Score: 1

      It's not. However, many people are not solely motivated by money. And in lieu of money, they'd rather that, if you're going to use and distribute their code, you distribute back the changes.

    45. Re:Slashdot double standards by s73v3r · · Score: 1

      So now you're telling others how to live, and what is "acceptable". Sorry, but that doesn't fly.

    46. Re:Slashdot double standards by s73v3r · · Score: 1

      You have no particular right to decide how much money is "too much."

      I do if they are using my software to make that money, and disregarding the terms under which I made that software available.

    47. Re:Slashdot double standards by s73v3r · · Score: 1

      but consider it okay to download that same movie for media shifting for personal viewing.

      If by "Media shifting", you mean "Getting the work for free without paying for it." I would imagine 99% of people here would be able to rip a DVD they purchased with fairly little effort. If you'd rather not put in the effort, and just download the end result, that's fine, provided you actually bought the original product to begin with. Otherwise, you're just an asshole who feels entitled to the product of someone else's labor for free.

    48. Re:Slashdot double standards by psydeshow · · Score: 1

      Please explain to me how someone can make a $100M+ movie or video game and freely allow anyone to copy, show, or use it in any way they want and still make back their expenses plus a reasonable profit (as should be expected from a somewhat risky venture).

      Let's see. Your movie has a budget of $100,000,000? My first thought is, damn, why are you paying your crew a million bucks each? But maybe your story required 30 weeks of filming in Tokyo and you had to blow up some actual buildings or something. That's showbiz.

      To make a profit, your movie will need:
      Movie theater attendance of 11 million at $7 per ticket (for comparison, Night At The Museum 2 sold 22.8 million tickets)
      20 million official downloads at $1 per -- convenience sales, itunes, streaming fees
      50,000 DVD sales at $10 per -- hard-core fans will want an actual dvd for the shelf
      and
      250,000,000 ad views on the official website

      Of course, if you could make the same movie for $10,000,000, you'd be in the black after 1.5 million tickets sold.

      All of the above are rough numbers and assume that you have distribution deals with enough theaters (and a good enough movie!) to make that kind of box office. But if you're going to drop that kind of cash on production, I have to assume you know what you're doing artistically.

      The world market for entertainment is gigantic and insatiable. Even if everyone could just download the file for free, there are plenty of other ways to experience the work that allow you to recover your expenses and even make a metric shitload of profit.

    49. Re:Slashdot double standards by Dahamma · · Score: 1

      Let's see. Your movie has a budget of $100,000,000? My first thought is, damn, why are you paying your crew a million bucks each? But maybe your story required 30 weeks of filming in Tokyo and you had to blow up some actual buildings or something. That's showbiz.

      Since you clearly don't know much about it, why even comment on that? I liked Avatar, as did about half a billion other people who saw it. It was absurdly expensive to make, sure, but they created an entirely new way of shooting 3D movies while making it. Pixar's and Dreamworks' last half dozen movies have all cost $150M+ each. When you have to pay many hundreds of animators, modelers, artists, techs, R&D engineers, etc (yes along with the high paid voice actors), let alone the 1000's of servers required, yes, it costs a lot of money.

      I personally thought Up, Wall-E, Ratatouille, How To Train Your Dragon, etc, were all worth whatever I paid to watch them, and clearly millions of others did as well. You just can't make them for $10M, and any argument that people should just make "simpler" movies is completely idiotic and solely based on a personal opinion, as clearly there is a market for these movies!

      Your numbers are way off, too. The studios usually make 30-70% of the ticket price (starts high the opening week and quickly declines as incentive for the theater to run it longer). Same with DVD sales, etc.

      But that's really irrelevant anyway. Without *any copyright* the studio could get 0% of the ticket sales, 0% of the DVD sales, and 0% of the downloads. Whoever shows the movie, manufactures the DVD, or hosts the download service gets to set their price and keep all of the revenue, and their is NO barrier to competition that gives the producer any advantage as soon as the content is released. So they are going to make that $100M back with ad views on a short lived website? Or, what, just cross their fingers and hope that people will, out of some as of yet unseen side of human nature, pick the $10 DVD instead of the $2 DVD just because it's "the right thing to do"? Riight...

    50. Re:Slashdot double standards by Dahamma · · Score: 1

      Maybe we'd see less CGI in movies, and more basic storytelling (gasp!).

      Now please explain to me how to make a movie like Toy Story, Up, Ratatouille, or Wall-E (all of which in most people's opinion had great storytelling) without CGI?

      There was a model for artists to make a living before copyright law existed, and there would be a model if copyright was dismantled.

      And by artists you mean painters and sculptors (and a couple of composers). That model was almost entirely based on patronage from the noble class, which clearly is not going to work any more. And besides, copying a statue, painting, or book back then required almost as much skill and effort as creating it in the first place.

      The modern novel, newspaper, magazine, recorded music, television, movies, and video games/software were all created post-copyright, so no, there was no model for the creators of those forms of content before copyright law existed.

  4. I'm not sure I understand by PCM2 · · Score: 5, Interesting

    I confess I only skimmed TFA -- this is Slashdot, after all.

    But I'm not sure I understand the argument that is being made here. If Sony is really trying to "rewrite Busybox" -- which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

    If, on the other hand, Sony is planning to write a Busybox replacement from scratch -- what's wrong with that? Are companies not entitled to write code? How is that "violating licenses with impunity"?

    If Sony is planning to do a clean-room re-engineering of Busybox -- what's wrong with that? Isn't that essentially what Linux kernel developers have done for all kinds of devices? Again, how is that "violating licenses with impunity"?

    Sony wants to not use GPL-licensed code in its proprietary products. What could be more clear? Would you rather they used it without complying with the license?

    --
    Breakfast served all day!
    1. Re:I'm not sure I understand by bonch · · Score: 1

      But I'm not sure I understand the argument that is being made here. If Sony is really trying to "rewrite Busybox" -- which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

      Is that really considered a derivative work just because they can see the source? Genuinely curious here.

    2. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      it doesn't need to be a clean room implementation.

      gpl taint is a lie.

      (tfa is actually about that they belive sony will get away with not providing kernel sources if they can get a busybox-like implementation that isn't busybox. frankly that sounds stupid and something that wouldn't fly for long)

    3. Re:I'm not sure I understand by brainzach · · Score: 1

      Is that really considered a derivative work just because they can see the source? Genuinely curious here.

      If the Linux community hires some big fancy lawyers and bring the case to court, a judge will provide an answer to your question.

    4. Re:I'm not sure I understand by MBCook · · Score: 1

      They don't have to look at BusyBox, it's just a collection of standard utilities. Since they know what the utilities are supposed to do, they can make their own versions without having to look at the BusyBox code.

      The real issue is what this look like. "We keep being accused of GPL infringement, and people are using this BusyBox thing as leverage, so if we replace it, they won't have leverage and can keep infringing without worry."

      Now it's entirely possible Sony isn't doing this to let them get away with other infringement, but to make it so they don't have to worry about accidental infringement. But if you're the kind who likes the idea of using GPLed software to force other bits of the system open that are normally closed source, this looks like a sinister development.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    5. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      >which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

      s/Busybox/Linux

      Hypocrite.

    6. Re:I'm not sure I understand by PCM2 · · Score: 1

      The real issue is what this look like

      But... dude. Surely you see my point here. It's Sony.

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    7. Re:I'm not sure I understand by PCM2 · · Score: 1

      Is that really considered a derivative work just because they can see the source? Genuinely curious here.

      It could be. As the poster below says, it kind of depends on who has the most lawyers. SCO argued that Linux violated SCO copyrights because its source code tarball contained similar-looking header files.

      --
      Breakfast served all day!
    8. Re:I'm not sure I understand by Daniel+Phillips · · Score: 5, Insightful

      But I'm not sure I understand the argument that is being made here. If Sony is really trying to "rewrite Busybox" -- which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

      Is that really considered a derivative work just because they can see the source? Genuinely curious here.

      It can be. That is why cloning a library under an incompatible license typically requires an expensive "clean room" engineering process. Of course, Sony holding to their well known high moral and ethical standards, would never think of playing fast and loose with this, would they? And of course we would never notice if they cut a few corners to save cost, would we?

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    9. Re:I'm not sure I understand by Derekloffin · · Score: 1

      It's a good question. I personally don't know. My limited understanding of copyright protection is it protect not function, but expression. So copying the function of something isn't derivative. To protect function you have to get patent on it. However, it depends how close the new programmers are to the original code. For instance, if you hand a detective novel to a writer and say make me a story very similar to this one, even if he changed the names, places and such, if the general plot is the same, that could be considered a derivative work. But in that case, the plot itself is really an expression, not a function, so although that is very close, I think they are different situations.

    10. Re:I'm not sure I understand by dougmc · · Score: 4, Insightful

      If Sony is planning to do a clean-room re-engineering of Busybox -- what's wrong with that? Isn't that essentially what Linux kernel developers have done for all kinds of devices? Again, how is that "violating licenses with impunity"?

      I'm with you.

      If they really wanted to be fancy about it, they could do the same thing the BIOS cloners did -- have some people write up documentation on what Busybox does, and other people write the clone. But really, the first part is easy -- just decide which commands must be implemented and which flags, and let somebody write it. For bonus points, all people involved certify that they've never looked at the source of Busybox, or perhaps never explicitly used it at all.

      If they do this (and it sounds like it's their plan) ... I don't see where there's any room to enforce the GPL at all, not with regard to this Busybox clone anyways. All they could do is try to be even more picky about other packages, perhaps trying to step up enforcement of Busybox usage (not a clone, not yet) now.

      While I hate rooting for the bad guy, I think Sony has the right idea. (Though I'm sort of surprised that more embedded device makers haven't gone with one of the BSDs rather than Linux simply to avoid the GPL.)

    11. Re:I'm not sure I understand by c · · Score: 5, Informative

      > Sony wants to not use GPL-licensed code in its proprietary products.

      Well, no. If you RTFA, it suggests Sony wants to use GPL-licensed code except for projects the license is actually enforced. They'll use the Linux kernel because the Linux kernel community doesn't bother with GPL enforcement. They don't want to use Busybox because the Busybox developers will sue them for license violations.

      Of course, it's a bit of a risky strategy. Just because someone hasn't enforced their copyrights so far doesn't mean they still can't or won't. You'd think their own lawyers would raise a stink about it...

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    12. Re:I'm not sure I understand by jaminJay · · Score: 3, Informative

      According to TFA's comments, the Busybox replacement under discussion is Toybox, written by a former maintainer of Busybox. It cannot be clean room, whether or not that matters.

      --
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    13. Re:I'm not sure I understand by turbidostato · · Score: 2

      "Is that really considered a derivative work just because they can see the source?"

      Surely it is, at least for this judge: http://news.slashdot.org/story/12/01/26/0237246/non-copied-photo-is-ruled-copyright-infringement

      The right question nowadays it "but should it be?"

    14. Re:I'm not sure I understand by dougmc · · Score: 1

      Is that really considered a derivative work just because they can see the source? Genuinely curious here.

      That would be an issue for the courts to work out. I imagine that if it went to court, that argument would certainly be made.

      And I expect that the authors of this Busybox clone would retort saying that they've never seen the source of Busybox (and it would be prudent for them to make sure they never have), and unless the Busybox folk could show that they had, that would be the end of it. (Unless there's a patent out there somewhere about making one executable that performs the function of lots of *nix tools, which would be another can of worms entirely.)

      And even if the authors of this clone had seen Busybox code they might have a pretty good case as long as none of their code looks like the Busybox code. After all, Busybox doesn't really do anything that special.

    15. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      If, on the other hand, Sony is planning to write a Busybox replacement from scratch -- what's wrong with that? Are companies not entitled to write code? How is that "violating licenses with impunity"?

      If Sony is planning to do a clean-room re-engineering of Busybox -- what's wrong with that? Isn't that essentially what Linux kernel developers have done for all kinds of devices? Again, how is that "violating licenses with impunity"?

      Sony wants to not use GPL-licensed code in its proprietary products. What could be more clear? Would you rather they used it without complying with the license?

      The issue is the likelihood of Sony not doing a clean room rewrite, but simply taking Busybox, replacing all the copyright notices with their copyright notices and the simply treating "their" code as a parallel branch. The rules for clean room recreation are pretty well established in American law, but not so much in the rest of the world.

    16. Re:I'm not sure I understand by Chemisor · · Score: 4, Informative

      You can read the actual complaint in the second link. It is not about any copyright violations of busybox code. He's whining about the fact that with a non-GPL busybox replacement he won't have an excuse to sue for Linux kernel GPL violations. Kernel developers are generally not inclined to sue anybody for not releasing the source code to kernel modifications, while busybox developers sue everybody in sight. If busybox is replaced, it would be more likely that device manufacturers who do not release sources for kernel modifications would be able to get away with it.

    17. Re:I'm not sure I understand by Fred+Ferrigno · · Score: 1

      I don't think there's anything illegal about the project, but it seems explicitly designed to thwart the efforts of the Software Freedom Conservancy. The SFC technically only has authority to enforce the GPL when it comes to BusyBox, but when they find a BusyBox violation, they use that to pressure companies to come into compliance with other GPL software, namely the Linux kernel. The project author thinks that's a bad thing, preferring to allow "naive or defunct" companies make "mistakes" with non-BusyBox GPL software without worrying that the SFC might come after them.

    18. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      But I'm not sure I understand the argument that is being made here. If Sony is really trying to "rewrite Busybox" -- which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

      Is that really considered a derivative work just because they can see the source? Genuinely curious here.

      Yes, at least under American Law. To not be a derivative work, the people doing the coding are not allowed to ever see the original code while working on the "clean" version. As soon as one sees the original code it is no longer clean.

    19. Re:I'm not sure I understand by EvanED · · Score: 2

      It can be. That is why cloning a library under an incompatible license typically requires an expensive "clean room" engineering process

      "Requires" is a strong word. A well-documented clean room process provides a strong argument for why something isn't copied if they wound up in court, as well as a way for an organization and the people in it to be sure that they aren't inadvertently (or even, uh, vertently) copying. Thus it can make sense to do.

      But there's no reason it's necessary.

    20. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      How can you possibly do a clean room reengineering of open source software? How would Sony prove that the coders have never seen Busybox code? Who would get access to their source to verify that it's not derivative of Busybox?

    21. Re:I'm not sure I understand by jensend · · Score: 1, Informative

      Looks like your skimming didn't profit you much as you missed the entire point. The main point is this quote from Matthew Garrett: "People want a Busybox replacement in order to make it easier to infringe the kernel's license." Sony DOES want to use GPL code in its proprietary products, it just doesn't want to use GPL code from people who actively enforce the license.

      The thing is, being aware of a (L)GPL violation doesn't give you the legal standing to bring a case against the violator; you have to be the copyright holder. Some (L)GPL projects assign their copyright to the FSF, and the FSF takes care of the legal work from there. But a lot of the most important projects-- for instance, the Linux kernel- have no copyright assignment, and individual coders generally avoid getting involved in the legalities.

      Just about the only** legal work being done for (L)GPL enforcement on non-FSF software is done by the Software Freedom Conservancy on behalf of the Busybox developers esp. Erik Andersen. This is a problem, and since they're the only ones involved in enforcement they use a controversial kind of leverage to try to make a bigger difference. When somebody's violated the GPL e.g. by distributing Linux-based router firmware without releasing source, the SFC's legal team tells them their violation of Busybox's GPL license has terminated their ability to use Busybox as per GPLv2 section 4 (the GPL "death penalty"). They can't distribute their Busybox-containing firmware any more -- even if they start shipping source for Busybox in compliance with the GPL -- until they have the copyright holders' permission. The SFC won't give this permission until they comply with the licenses of all the open-source packages included in the firmware-- most importantly, the Linux kernel.

      So basically the Busybox guys have been the only reason a lot of people have complied with the kernel's GPL license. The rewrite of Busybox is basically being done so the SFC can't take corporations to task for their failure to comply with the GPL license of other packages.

      If a few significant contributors to the kernel banded together, got common legal representation, and had their lawyers contact people about GPL compliance, this would be a lot less of an issue. But they don't.

      **I should also mention the folks behind gpl-violation.org, but they are only active in European courts and have not AFAIK done much recently.

    22. Re:I'm not sure I understand by maxwells_deamon · · Score: 2

      Many, many issues going on here. I was able to pick out some but probably not all the issues and distill them down a bit.

      Do rabid lawsuits to protect GPL code mean that people will stay away from the code and write closed source instead of contributing to the original.

      What if I try to punish violators to get monitary rewards, rather than just trying to enforce compliance?

      If you sue people who were not the root cause of the violations. For example, I buy a few hundred routers from some company and resell them at retail. All I do is sell and perhaps configure them. And you sue me because I do not provide source code rather than the overseas company that made them because you can get to me. Is that ethical? Even if I had no idea I was selling hardware with GPL code in it?

      If you prove a violation, legally you can force the violators to pay you fees. Can you also force them (as compensation) to disclose or release under GPL other software that they would not have been required to release had done everything correctly the first time?

    23. Re:I'm not sure I understand by Gadget_Guy · · Score: 4, Insightful

      They'll use the Linux kernel because the Linux kernel community doesn't bother with GPL enforcement.

      The big difference is that their custom code that they would want to keep private would most likely be linked into Busybox and not the Linux kernel. This means that they might be quite happy to give out the source code to a mostly unmodified Linux (thus complying with GPL) while still keeping all their secrets by not having to disclose their modifications to busybox.

      Making claims that writing their own replacement for busybox means that they will violate the GPL in other ways is the same kind of FUD as when Sony says that jailbreaking a device means you are a pirate, or when Microsoft says that GPL is a cancer. It would be the same as if Microsoft tried to claim that people using Wine did so to pirate Windows software.

      The more childish response to anybody complaining about using GPL software in a commercial environment is "if you don't like it, write your own software". Well, that is exactly what Sony want to do. What amazes me is how long it took for anyone to do this. By making a non-GPL version, companies have a choice when creating new products. Now all they need is for someone to develop an alternative to Linux and release it under the BSD license. Now if only we could think of a name for such a project...

    24. Re:I'm not sure I understand by Gadget_Guy · · Score: 2

      According to TFA's comments, the Busybox replacement under discussion is Toybox, written by a former maintainer of Busybox. It cannot be clean room, whether or not that matters.

      If the SFC wants to go through the source code line-by-line to look for any similarities so they can claim ownership of the code, then they are quite welcome to do so.

      It is a strategy that worked well for SCO, and made them the darling of the software world that you see today!

    25. Re:I'm not sure I understand by GauteL · · Score: 3, Insightful

      If Sony is really trying to "rewrite Busybox" -- which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

      No. Being "inspired" by other code is not copyright violation. Clean room implementations are about making your intentions clear and removing doubt.

      Two programmers may well write similar code because they share similar views or education and copyright violations can be hard to decide upon in court. If you're writing a replacement for something else it becomes particularly important to remove doubt and avoid unnecessary litigation.

    26. Re:I'm not sure I understand by Cozminsky · · Score: 1

      The issue seems to be that they're doing a rewrite of busybox because the legal foundation responsible for policing the busybox license forces them into compliance for all GPL'ed works for all the products they release before they will grant the company access to use the software again under the terms of the GPL. Many of these companies are not complying with the GPL for this other software because the copyright holders are not actively pursuing infringers of the license like busybox is.

    27. Re:I'm not sure I understand by Chuck+Chunder · · Score: 1

      Sony wants to use GPL-licensed code except for projects the license is actually enforced.

      As you suggest, this seems to be the reasonable interpretation of the motivation.

      Could this not be used as evidence that Sony knowingly avoids it's obligations except when forced to? Could this lead to greater punitive damages in future lawsuits against Sony?

      Sony is perhaps missing the real opportunity for competitive advantage here. Sony could easily put processes in place to get their GPL compliance up to scratch. They could then, either in partnership with other right holders or perhaps on the back of their own contributions, use GPL enforcement to interfere with competitors who aren't meeting their requirements when distributing hardware to consumers.

      Sony does not gain any competitive advantage by working with competitors to take Busybox out of the loop. It could gain advantage by complying appropriately and stopping competitors who don't from distributing their product.

      --
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    28. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      If you are aware of someone breaking your copyright, and do NOT take action to correct it within a certain timeframe, you effectively lose your ability to sue anyone in the future.

      I never copyrighted anything, after learning I had to defend the copyright to keep it valid. (or so a copyright lawyer told me years ago, when I discussed something that would have made me rich by now.)

    29. Re:I'm not sure I understand by CharlyFoxtrot · · Score: 1

      > Sony wants to not use GPL-licensed code in its proprietary products.

      Well, no. If you RTFA, it suggests Sony wants to use GPL-licensed code except for projects the license is actually enforced. They'll use the Linux kernel because the Linux kernel community doesn't bother with GPL enforcement. They don't want to use Busybox because the Busybox developers will sue them for license violations.

      Maybe their other products are different but my Sony TV came with a paper explaining where to get the Linux sourcecode. It certainly looked like they made an effort to be compliant.

      --
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    30. Re:I'm not sure I understand by CharlyFoxtrot · · Score: 1

      How would Sony prove that the coders have never seen Busybox code?

      Innocent until proven guilty.

       

      Who would get access to their source to verify that it's not derivative of Busybox?

      Auditors appointed by the court.

      --
      If all else fails, immortality can always be assured by spectacular error.
    31. Re:I'm not sure I understand by Nursie · · Score: 1

      If you are aware of someone breaking your copyright, and do NOT take action to correct it within a certain timeframe, you effectively lose your ability to sue anyone in the future.

      Actually that applies to trademarks, not usually copyright.

      I never copyrighted anything, after learning I had to defend the copyright to keep it valid.

        Copyright is automatic in most nations. In the US I believe things are a little more complicated, and there are caps on compensation and legal remedies available to you if you haven't registered something. However things are still automatically covered by copyright - this law was necessary for the US to join one of the international copyright treaties a few decades back (IIRC).

      (or so a copyright lawyer told me years ago, when I discussed something that would have made me rich by now.)

      It may be worth getting a second opinion on that....

      OTOH, IANAL, so YMMV, and I could be wrong, it wouldn't be the first time!

    32. Re:I'm not sure I understand by c · · Score: 1

      Yeah, I'm not saying I agree with what the article is saying. Just the way the OP was interpreting it.

      Sony does some pretty dumb things, but I don't think they're quite dumb enough to effectively announce that they're happy to violate the GPL for projects they don't think anyone will sue them.

      Then again... it's Sony.

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    33. Re:I'm not sure I understand by spitzak · · Score: 1

      If that is what Sony wants, then can't they just release the BusyBox source code? That would be a lot easier than replacing it, and would serve equally well as a way to make them unable to sue.

    34. Re:I'm not sure I understand by spitzak · · Score: 1

      If it is as you describe, can't Sony get the same result by releasing only the SFC code, while not releasing the Linux kernel modifications? It would seem that would remove the ability for the SFC to sue, thus making this scheme work with a lot less effort than writing a BusyBox replacement.

    35. Re:I'm not sure I understand by Kjella · · Score: 1

      There's somewhere between 5000 and 20000 contributors to the Linux kernel last I checked and as far as I know there's no minimum amount required to have a standing to sue. How hard would it be to send out an email saying "We know you're mostly too busy and don't want the hassle of enforcing GPL violations. We'd like to defend your rights if you give us the legal authority. If you're interested (...)" surely you could find some willing to hand it over. Either that or make a small effort writing some Linux code, until you're on the contributor list. Once you have standing you can usually generate more trouble than just complying with the GPL.

      --
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    36. Re:I'm not sure I understand by SecurityGuy · · Score: 1

      It doesn't have to be expensive. You need two groups of people, one to play with the real busybox and develop a specification for software to do what busybox does, and a group to write software to the spec. It gets really cheap if you can get people to volunteer their time to do it.

      I'm really not against this one bit, to be honest. GPL software is nice and all, but if anything beats it it's software with no license restrictions whatsoever, and that's what you get when you're the author. I don't think the BusyBox folks have any rights to complain if someone chooses to write software that does what theirs does. They're making an offer: you can use the software as long as you comply with the license. Sony doesn't want to do that, but does want the functionality, so they're trying to get different software to do what they need. I expect someone to make the patent argument, so I'll pre-argue that BusyBox isn't doing anything more than code reuse. Roll lots of utilities together into a tiny package by writing code the way we've known we should for what, 50 years now?

      The argument in TFA that once you lose the license, the copyright holder has to explicitly give it back falls flat, IMO. That rests on something in GPLv3, which is an entirely different animal. IMO, the assertion that the GPLv3 language stating that you get the license back if you play nice DOES NOT mean that isn't true in v2, and certainly doesn't create some lifetime ban out of thin air. I'd argue (or have a lawyer argue, since IANAL) that, apprised of my violation, I mended my ways and downloaded a fresh copy, complete with a sparkly new license.

    37. Re:I'm not sure I understand by arose · · Score: 1

      I think the arguements are more along the lines of: 'is it really usefull to "force" Sony to do this' and 'we shouldn't be vigilant about enforcing the GPL'.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    38. Re:I'm not sure I understand by arose · · Score: 1

      True but what other reasons are there to rewrite? Sony isn't OpenBSD, they aren't doing it for ideological reasons. I think part of it might be that posting source code for a single part of a system that comonly involves a bunch of others that theoretically should be there as well invites unwelcome scrutiny.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    39. Re:I'm not sure I understand by jensend · · Score: 1

      It's true that if they always comply with the Busybox license that SFC has no standing for legal action on other violations. But IIRC, SFLC/SFC went through a lot of settlements before they started emphasizing the "GPL death penalty" strategy in which the companies simply said of their own volition "hey, if we're having to go to all this trouble to comply with the Busybox license, we might as well take you up on your offer to help us get to full compliance on the rest of the open source software we're distributing while we're at it, even if the risk of getting sued over the other stuff is slim."

      The point is that people want to just not worry about compliance at all, especially if they're subcontracting work to others. There's rarely much of a "competitive advantage"/"trade secret" not to release their modifications-- these are often mundane and only of interest to customers who want control over their devices. They just don't want to bother auditing source, setting up a way to distribute source, etc. Once they're convinced they have to audit their projects to make sure any of them that use Busybox release the relevant source, they might as well look at the rest of the packages they're shipping.

    40. Re:I'm not sure I understand by wrook · · Score: 1

      You made me RTFA. To imply that Sony doesn't comply with the GPL is incorrect. For example, virtually their entire line of Japanese GPS navigation units use Linux and they offer the source code. And from the FAQ about the BusyBox Replacement project:

      "It is not expected to affect Sony directly, because Sony has good compliance practices."

      So why are they doing this? Because BusyBox is the defacto toolbox for what it does. And while Sony does a good job meeting it's obligations wrt the GPL, it recognizes that many of its *suppliers* don't. They are worried that one of their suppliers will include BusyBox without their knowing it. They have worries about their liability in that case, not just for the single project that infringes, but on other projects since some litigation has apparently asked for the ability to inspect future projects as part of their relief. That is completely reasonable to me.

      This isn't a GPL issue. It could happen with any license. The problem is that BusyBox is being infringed left right and center. So they are thinking, "Hey let's write a replacement with a *more* liberal license". The idea being that people will choose to use the replacement over willfully infringing on BusyBox.

      It's a good idea. I'm sorry that there are some BusyBox developers that don't understand. If the project succeeds, then potentially BusyBox won't be able to be used to leverage companies into using the GPL. That's too bad for people hoping to do that. But they *have* succeeded in explaining to a company like Sony (think about it -- Sony!) that they should be writing free software. It's all good.

    41. Re:I'm not sure I understand by wrook · · Score: 1

      As I pointed out in a different post, Matthew Garrett is wrong. Simply read the description of the Busybox replacement project:

      http://www.elinux.org/Busybox_replacement_project

      The reason for the project is because Sony's *suppliers* are violating Busybox's license without Sony knowing about it. Sony is afraid (and rightfully so) that it will create liability for them even though they generally have no problem with complying with the GPL license. This project is a replacement for Busybox under the new BSD license which they hope will encourage their suppliers to stop violating the GPL. This will reduce their liability.

      GPL compliance does not bother them (and they have quite a few devices on the market with Linux source code availability to prove my point). But in this case, so as to avoid unknowingly violating the license, they want to encourage the use of free software with a more liberal license. It makes complete sense.

    42. Re:I'm not sure I understand by jensend · · Score: 1

      Nothing you said refutes Garrett at all. Sony et al are trying to avoid having to ensure that code they ship complies with the kernel's GPL license. The fact that they're worried about code thrown together by subcontractors rather than code thrown together by an internal subdivision doesn't change the situation at all. They're shipping the stuff and they not only are but unquestionably ought to be legally liable for whatever they ship. Otherwise they're just acting as a fence for copyright theft (well, even worse since they're commissioning the thieves).

      It would not be difficult for Sony to demand that their suppliers assume all liability for copyright violations (incl. Sony's costs reaching compliance), give Sony the ability to audit code, or both.

      Sony is not proposing to make its suppliers stop using the Linux kernel and tons of other copylefted packages. Replacing Busybox does rather little to reduce what's legally required of them; instead it just conveniently sidesteps the only enforcement operation going on so they can turn a blind eye to suppliers' violations of the kernel license.

    43. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      The more childish response to anybody complaining about using GPL software in a commercial environment is "if you don't like it, write your own software".

      Yes, how dare GPL developers want to get paid for their software? (Payment is in code instead of money)
      People like you just leave me confused, you effectively claim that releasing software with restricted usage is wrong and short-sighted but then immediately go on to claim that software with restricted usage AND a monetary demand are good and wholesome.

      What amazes me is how long it took for anyone to do this. By making a non-GPL version, companies have a choice when creating new products. Now all they need is for someone to develop an alternative to Linux and release it under the BSD license. Now if only we could think of a name for such a project...

      BSD has existed since BEFORE Linux, guess what the total penetration is? Linux has proven more flexible and better suited for embedding than BSD has so far. That may change eventually but Linux has far greater hardware support than BSD for the time being (meaning more development work investment is required and companies are very stingy). Naturally BSD also suffers from the fact that modifications aren't required to be made available back to the core developers, if someone does a lot of work making BSD run well on some obscure architecture then they'll just keep that in house, the next guy who wants to run on that arch will also have to code from scratch making it less economically appealing compared to Linux where small patches by lots of people quickly pile up to benefit everyone without such large upfront cost overheads.

    44. Re:I'm not sure I understand by Confusador · · Score: 1

      What if I try to punish violators to get monitary rewards, rather than just trying to enforce compliance?

      ...

      If you prove a violation, legally you can force the violators to pay you fees. Can you also force them (as compensation) to disclose or release under GPL other software that they would not have been required to release had done everything correctly the first time?

      I do not believe you can force disclosure of the infringing work as restitution for prior infringement, but it is the only condition under which the infringer would be permitted to continue distributing the product in question. So, though you may only be interested in monetary restitution, it will probably have the effect of enforcing compliance. There is no way to force them to disclose unrelated works, though they may agree to it as part of settlement terms.

    45. Re:I'm not sure I understand by Gadget_Guy · · Score: 1

      Yes, how dare GPL developers want to get paid for their software? (Payment is in code instead of money)

      Oh look, another childish response. When did I say that GPL developers should not expect people to abide by the terms of their license?

      People like you just leave me confused, you effectively claim that releasing software with restricted usage is wrong and short-sighted but then immediately go on to claim that software with restricted usage AND a monetary demand are good and wholesome.

      Once again, I did not claim that anything was either wrong nor short-sighted, apart from claiming that someone who writes a non-GPL product will do this so that they can abuse other GPL software. I have made no judgement on any software license. Who could possibly complain when competitive packages exist to fulfill different markets?

    46. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      They'll use the Linux kernel because the Linux kernel community doesn't bother with GPL enforcement.

      The big difference is that their custom code that they would want to keep private would most likely be linked into Busybox and not the Linux kernel. This means that they might be quite happy to give out the source code to a mostly unmodified Linux (thus complying with GPL) while still keeping all their secrets by not having to disclose their modifications to busybox.

      Who modded this Insightful?

      They have no private code inside Busybox. Busybox is just a bunch of standard POSIX programs. If they wanted a private extension, they would just write a separate program from scratch and not rewrite the whole Busybox.

      It's the modifications to the Linux kernel, mainly the drivers for the hardware, that they want to keep secret. These are also the most interesting for the users of the devices.

      The only reason why they want to replace Busybox and not Linux is that the Busybox developers go after the violations and the Linux developers don't.

    47. Re:I'm not sure I understand by sithlord2 · · Score: 1

      If, on the other hand, Sony is planning to write a Busybox replacement from scratch -- what's wrong with that? Are companies not entitled to write code? How is that "violating licenses with impunity"?

      If rewriting from scratch is gpl license violation, it means MicroSoft was right about the "viral" nature of the GPL.

      --
      ...You are over-qualified and under-paid. If we give you a raise, we will break the cosmic balance of the universe.
    48. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      I put Sony in quotes because it is not clear that Sony has anything to do with this. OTOH if Tim Bird is using company time for this then Sony has to have approved it. Sony itslef is very good about GPL compliance, OTOH that may not be true of companies they contract some of the work out to. So the qwuotes mean "whoever is engaged in this project".

      "Sony" is planning to write a Busybox replacement from scratch -- what's wrong with that?

      "Sony" is not writing a replacement from scratch. They are rewriting the parts of BusyBox that the SFC has enforcement rights for. Other parts, still covered by GPL, where the developers cannot be fussed, they plan on just violating.
       

      "Sony" wants to not use GPL-licensed code in its proprietary products.

      No. "Sony" wants to not use GPL-licensed code where the license is enforced. They are happy to use GPL licensed code that is not actively enforced.

      The major argument that I see for allowing GPL violation, is that many ( presumably Chinese ) subcontractors are lax aboput GPL compliance. Further if pressured to compy, they cannot find the exact source code that was used to make the binary. Frankly I would be freaked if I discovered that a subcontractor couldn't produce the source used for a binary we were using ( unless we already were given it, in which case I would be freaked with the people who lost it ).

      What is more this "losing of code" smells a lot like an 80s IT department keeping around creaking binaries because they no longer had the exact source and were scared to rewrite it. That's one of the things OSS is supposed to help eliminate.

    49. Re:I'm not sure I understand by Daniel+Phillips · · Score: 1

      They're making an offer: you can use the software as long as you comply with the license. Sony doesn't want to do that...

      Why doesn't Sony want to do that? What is wrong with them?

      --
      Have you got your LWN subscription yet?
    50. Re:I'm not sure I understand by dissy · · Score: 1

      No. Being "inspired" by other code is not copyright violation

      Unless one party lives in the UK. Then being "inspired" by another work, and specifically creating your own new and different work to avoid infringing the first, is still a copyright violation.

      http://www.dpreview.com/news/2012/01/25/Imitated_Image_Copyright_Case

      It might not apply to Sony or Busybox devs due to neither being in the UK, but as a blanket statement about copyright, that is no longer correct.

    51. Re:I'm not sure I understand by Dr_Barnowl · · Score: 1

      I really have no idea ; it's very simple to comply. I guess they fear giving up any commercial advantage they have gained by patching the BusyBox sources.

      The thing is, they are giving up a massive commercial advantage by rewriting it from scratch - they are making the same mistake that Netscape did - source code represents a vast repository of knowledge, of lessons learned, not all of them obvious from reading the source code, and you give all that up when you re-implement from scratch.

      It's also feasible that someone in the higher ranks at Sony just doesn't grok the license and fears it "infecting" some part of their product that they'd rather keep secret. Engineers typically only do irrational things when they have incomplete information, or they are being forced to do so by their superiors.

    52. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      If they really wanted to be fancy about it, they could do the same thing the BIOS cloners did -- have some people write up documentation on what Busybox does, and other people write the clone.

      Why do that? Why not just write to, say, the Single user Unix spec. This describes all the commands and is, in essence, where the other user space implementations (Linux and otherwise) are generally based on. (Ignoring the odd GNU tweak here and there)

    53. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      Kernel developers are generally not inclined to sue anybody for not releasing the source code to kernel modifications, while busybox developers sue everybody in sight.

      Wrong and wrong. I point you to Harold Welte who spends far too much time suing over GPL violations (By which, I mean there are too many GPL violations out there for his time - not that I think it's invalid for him to sue) and it's not the busybox developers that sue, it's the SFLC that sue on behalf of the busybox developers. Important distinction.

    54. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      Yes, at least under American Law. To not be a derivative work, the people doing the coding are not allowed to ever see the original code while working on the "clean" version. As soon as one sees the original code it is no longer clean.

      But what's good for the goose is good for the gander.

      To be more specific, it prompts the question whether Bruce Perens took a look at the source code for the original apps that busybox emulate when he started writing it. I so, and American Law is as you say, busybox itself is derivative, and the copyrights aren't his, and SFLC has been suing people for something that itself is a derivative work, illegally re-released with a new license.

      You can't have it both ways. Sorry.

    55. Re:I'm not sure I understand by Hatta · · Score: 1

      The big difference is that their custom code that they would want to keep private would most likely be linked into Busybox

      Do you know what Busybox is? It's your typical Unix shell environment. Do you really think Sony is developing a top secret version of 'dmesg' that they can't open source without damaging their business model? Seriously, what's the use case for a custom version of Busybox? Can you come up with one plausible idea?

      If Sony wants to use Busybox with their own custom code without making their own custom code GPL, they can just compile their code as a stand alone app just like every other proprietary software house. It's that simple.

      The more childish response to anybody complaining about using GPL software in a commercial environment is "if you don't like it, write your own software".

      Why is that childish? Isn't that the appropriate response to anyone who doesn't like the terms of any software license?

      Well, that is exactly what Sony want to do. What amazes me is how long it took for anyone to do this.

      Why would they bother? What's the business case for investing developer time in this project? What does Sony lose by using stock Busybox and putting the tarball on FTP?

      --
      Give me Classic Slashdot or give me death!
    56. Re:I'm not sure I understand by dr2chase · · Score: 1

      IANAL, but the advice you got sounds 100% wrong. If you wrote it, it's implicitly copyrighted. It's actually damn hard to put something into the public domain in a way that (some) corporate lawyers will agree is actually public domain. And copyright lives a long, long time, with no effort from you.

      Lack of enforcement is what dilutes trademarks.

    57. Re:I'm not sure I understand by dr2chase · · Score: 1

      Innocent till proven guilty is the rule for criminal cases; not so sure about civil suits. Different legal standards, etc.

    58. Re:I'm not sure I understand by dougmc · · Score: 1

      Why do that? Why not just write to, say, the Single user Unix spec. This describes all the commands and is, in essence, where the other user space implementations (Linux and otherwise) are generally based on. (Ignoring the odd GNU tweak here and there)

      Sure, that works too. The reality is that the documentation they would need to produce would be minimal -- as I said, a list of commands and which options to support for each. It could probably fit on one page of paper. But the important part is that the people who come up with this documentation, however they do it, are ideally the only ones who have anything to do with Busybox itself.

      If they wanted to make this clone a drop-in replacement for Busybox, they probably would want to see exactly what it supported rather than simply going with the Single user Unix spec -- just in case there were some differences.

      I don't think that the people wanting to make a clone have to go to this much trouble -- it's not as tricky a situation as the BIOS cloning was -- but they could if they wanted and it really wouldn't be that much trouble.

    59. Re:I'm not sure I understand by s73v3r · · Score: 1

      But I'm not sure I understand the argument that is being made here. If Sony is really trying to "rewrite Busybox" -- which makes it sound like they're going to look at the Busybox code and write a new version that does the same thing in a different way -- then surely that's a derivative work of Busybox and it's a copyright violation.

      Depends on how it's done. If I look at it, and then write something that does the same thing, then yes. However, if I look at it, and create a detailed spec that outlines the behavior of it, and give that spec to someone else, then it's not.

      Remember, behavior of a system is not copyrightable, and cannot be used to judge a derivative work.

    60. Re:I'm not sure I understand by Anonymous Coward · · Score: 0

      ... rooting for the bad guy ...
      I see what you did there!
      sony-bmg-rootkit-debacle

    61. Re:I'm not sure I understand by tomuo · · Score: 1

      What does Sony lose by using stock Busybox and putting the tarball on FTP?

      This deserves an answer. Consider the cost of compliance - making sure that FTP stays up and doesn't bit-rot the files, keeping account of the version of busybox used in each released product and its various versions (hardware revisions and software). Making sure that customer support world-wide knows how to answer questions related to GPL and point them to the FTP area. Busybox compliance checking always starts with a simple email to your customer support, and if your out-sourced customer support gets the answer wrong, the next step is a laywer-written letter to corporate HQ, then people inside the company start clucking like a chicken about how much this GPL stuff is costing them in discussion meetings and memos about how to remedy the compliance problem. Repeat that a few times and its obvious the solution is to prefer non-GPL libraries.

  5. Depends on the subject I guess.. by Kenja · · Score: 0

    If this was a story about software piracy or MP3/movie downloads then the answer would of course be that copyright is wrong and should be removed entirely. But since its about the GPL, I'm guessing we're pro copyright and it should be enforced to the fullest extent of the law.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:Depends on the subject I guess.. by Lundse · · Score: 2

      The GPL only exists to fix the insanity that is copyrighted code. Better not code was copyrighted, sure. But since can can be copyrighted, better as much of it as possible is held in common trust, to be shared and used among those who are willing to set their improvements free.

      You do not have to be pro-copyright, to be pro-enforcement of the tool that is battling the ills of copyrighted code. When we decide that math was a stupid thing to try to legally magic-wand into products anyway, there will be no GPL to enforce.

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
    2. Re:Depends on the subject I guess.. by nzac · · Score: 1

      We as the users, want copyright laws that favour users and maybe hurt bad companies.

      Both GPL and resonable copyright enforcement benifit users/consumers.

    3. Re:Depends on the subject I guess.. by Dahamma · · Score: 1

      Actually, the GPL goes way beyond copyrighted code. Without copyright could basically follow the BSD license - you are free to use any code you see, but you aren't required to give back what you changed...

    4. Re:Depends on the subject I guess.. by ddtracy · · Score: 1
      There is a reason why GPL is called COPYLEFT. "The GNU General Public License, originally written by Richard Stallman, was the first copyleft license to see extensive use, and continues to dominate the licensing of copylefted software." -- Taken from wikipedia article on Copyleft.

      "Copyleft is a play on the word copyright to describe the practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work. In other words, copyleft is a general method for making a program (or other work) free (libre), and requiring all modified and extended versions of the program to be free as well." -- Taken from wikipedia article on Copyleft.

    5. Re:Depends on the subject I guess.. by Anonymous Coward · · Score: 0

      But since can can be copyrighted, better as much of it as possible is held in common trust, to be shared and used among those who are willing to set their improvements free.

      Doesn't the public domain already address this issue? Let's say BusyBox was public domain; Sony grabs a copy, and uses a copy in their software, and doesn't release anything back because they don't have to - it's PD.

      The original BusyBox code still exists, and is still available... so what's lost by simply putting it in the public domain?

    6. Re:Depends on the subject I guess.. by Kenja · · Score: 1

      With copyright : You can release your code under GPL requiring people who use it to also release their code under the GPL.
      Without copyright : You can release your code, but you have no way to enforce others to do the same.

      You can call it what you like, but if you are against copyright you are against the GPL and should be using the BSD license.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    7. Re:Depends on the subject I guess.. by MrHanky · · Score: 1

      Bullshit. How do you imagine doing away with copyright would enforce that source code is made available with binaries? The fact of the matter is it won't. You're confusing GPL software with warezing.

    8. Re:Depends on the subject I guess.. by jd · · Score: 1

      Agreed.

      Besides, if those trying to re-implement Busy Box actually make a better product and are compelled to keep it a better product (or be out-competed) then one of the key objectives (delivering better code to the users) is met even if the other key objective (delivering greater freedom) has been circumvented.

      Ultimately, I'd regard the better code objective as being the Prime Objective, although as the only significant evolutionary pressure for closed-source to be better is open-source, you have to have someone delivering greater freedom with a damn good alternative in order to guarantee the "better code" requirement is met and stays met.

      Reasonable, sane, rational enforcement of the GPL is part of what provides that evolutionary pressure.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    9. Re:Depends on the subject I guess.. by icebraining · · Score: 1

      Using the GPL gives an extra incentive for people who want to use the code without distributing their changes to promote the elimination of copyright.

      Using BSD means companies can use the code as they wish while still inflicting copyright on others.

      The pragmatic choice for the goal of eliminating copyright is to use the GPL.

    10. Re:Depends on the subject I guess.. by arose · · Score: 1

      Public domain code doesn't make a statement, public domain code just hands over the code. Copyleft actually works: you can have your draconic copyright (the notion that one either supports copyright as it currenlty exists or is against it in principle is a false dillema), but you will have to write your own code. Subverting rules is much better than just being subverted by them.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    11. Re:Depends on the subject I guess.. by Confusador · · Score: 1

      Releasing to the public domain has its own problems, unfortunately. That's what caused Creative Commons to come up with the CC0 license, as they explain:

      Dedicating works to the public domain is difficult if not impossible for those wanting to contribute their works for public use before applicable copyright or database protection terms expire. Few if any jurisdictions have a process for doing so easily and reliably. Laws vary from jurisdiction to jurisdiction as to what rights are automatically granted and how and when they expire or may be voluntarily relinquished. More challenging yet, many legal systems effectively prohibit any attempt by these owners to surrender rights automatically conferred by law, particularly moral rights, even when the author wishing to do so is well informed and resolute about doing so and contributing their work to the public domain.

    12. Re:Depends on the subject I guess.. by Confusador · · Score: 1

      And since I apparently mangled my link, that quotation is from http://creativecommons.org/about/cc0

  6. No corporate death penalty by Joe_Dragon · · Score: 2, Interesting

    corporate death penalty

    1. Re:No corporate death penalty by CharlyFoxtrot · · Score: 1
      --
      If all else fails, immortality can always be assured by spectacular error.
  7. Non sequitur? by Anonymous Coward · · Score: 1

    What exactly does Sony legitimately rewriting busybox have to do with GPL enforcement?

    Yeah, they're rewriting it to sidestep the GPL, but so what? That's their prerogative.

    The owners of the copyrighted code are the ones who have a stake in enforcing the GPL for their code. If they don't care enough to enforce it, that's their business and completely unrelated IMO to what Sony is doing.

    Maybe the argument is that if so many people don't care – in general – to not enforce the GPL for their code, that what, interest is waning in the GPL in general?

    I mean, if that's really the case, then why should Sony even bother to rewrite, when they can just violate, knowing that nobody cares enough to enforce. No doubt their lawyers think that's a slippery slope, because we don't know if tomorrow everyone will change their mind.

    1. Re:Non sequitur? by larry+bagina · · Score: 5, Informative

      short version: RTFA

      long version: Most GPL copyright owners aren't aware, don't care, or don't have the time/legal training to enforce GPL violations of their code. The Busy Box guys actively enforce the GPL license on their code. If you violate the busy box GPL license, they will not re-license it to you unless you also stop violating the license on all the other GPL software that's being distributed. If they replace busy box, nobody will bother them about the other GPL violations.

      --
      Do you even lift?

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

    2. Re:Non sequitur? by exomondo · · Score: 2

      What exactly does Sony legitimately rewriting busybox have to do with GPL enforcement?

      Yeah, they're rewriting it to sidestep the GPL, but so what? That's their prerogative.

      Correct, but the issue pointed out in the blog is not really with Busybox at all, it's that the SFC acts on behalf of the copyright owners of Busybox and can leverage violations of Busybox code to get companies to release kernel code that violates the GPL. If they aren't using Busybox then the SFC has no case against them because they aren't violating the license of code copyrighted by people represented by the SFC, so the blog post calls for kernel developers to contact the SFC for representation so violations can still be pursued.

  8. So basically... by Millennium · · Score: 3, Insightful

    It seems to me as though this is less about BusyBox per se, and more about enabling companies to steal code from other GPL'd projects without having to worry about the threat of the BusyBox folks calling them out on their wrongdoing.

    Forgive me if I can't think of any word other than "scum" at the moment.

    1. Re:So basically... by Anonymous Coward · · Score: 0

      You tell 'em good, Emperor Aspergers!

    2. Re:So basically... by Millennium · · Score: 0

      Yeah, yeah, whatever. Sticks and stones. But am I wrong?

    3. Re:So basically... by zzatz · · Score: 1

      Read again. Sony doesn't want to infringe the terms of the license. Other companies do not want to infringe copyright, either.

      Pretend that you work for Sony. Your project uses the Linux kernel. You're sure that you comply with the GPL, so there's not much risk in using the Linux kernel. You want to comply, you're taking steps to comply, and someone on your project screws up, you know that the kernel developers just want the additions to the kernel source code released. That's what you want, too, so no big deal.

      Then there's Busybox. The lawyers involved with Busybox might use your use of it to demand a look at all of the code for your project, not just Busybox. They might want to look at other projects, too. They might want an open-ended fishing expedition into all projects in all divisions of Sony. Even if everyone, including suppliers, is clean, that would cost too much time and manpower to be worth the risk. The amount of time it saves your project to use Busybox is not worth risking every project in the entire company to an audit.

      The GPL has advantages for businesses. Companies can collaborate on software without violating antitrust law. But there are risks, too. No one likes audits. Not by the IRS, not by the BSA, not by SFLC. Audits cost you time and money even when you did nothing wrong. Some people think that the risks of using Busybox are higher than the rewards, even if you fully comply.

      Some people are too annoying to buy from, to sell to, to work for, to deal with in any way. Yeah, NetBSD, OpenBSD, and FreeBSD each have a slightly different focus, but personalities also enter into why there's more than one BSD project. Yeah, XFree86 introduced an unnecessary, unacceptable change to their license, but when you get down to it, Xorg forked because of personalities; people in control were holding the project back.

      I like the GPL as a license. I like most of the developers who choose the GPL. But in any group, there are bound to be some assholes. I don't know if that's the case with Busybox, but I'm open to the idea that assholes can choose the GPL.

    4. Re:So basically... by Gadget_Guy · · Score: 1

      Forgive me if I can't think of any word other than "scum" at the moment.

      Or it could be about companies trying to avoid violating GPL. It is pretty harsh to call a group of people scum just it is possible that they could do something wrong. Shouldn't you at least wait to see what they do with this new software before calling them names?

    5. Re:So basically... by VortexCortex · · Score: 1

      Yes. You are wrong. Just not in this instance.

    6. Re:So basically... by SecurityGuy · · Score: 1

      On which side?

      If the BusyBox guys also hold copyright on those other GPL'd projects, they should bring suit. If they don't, they should be silent. I know, everybody's panties just got in a bunch, but think about it, should I use my GPL software's license to leverage you into paying the MPAA/RIAA for any illegally obtained songs or movies you have? Aren't they both cases where I'm sticking my nose into someone else's business and playing legal heavy where it's not my right to do so?

    7. Re:So basically... by arose · · Score: 1

      If they don't, they should be silent.

      Sure, as long as the company is willing to silently pony up the statutory damages for copyright infringment the BusyBox people should be silent. For some odd reason they want to settle though...

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  9. Waste of time by chrb · · Score: 1

    You can spend months trying to rewrite busybox, or you can just put the source code on your web site. It's not that hard. In fact, Sony already do it. GPL Compliance: put the source on your web site. That's all it takes. It isn't expensive or difficult.

    1. Re:Waste of time by WarJolt · · Score: 1

      Depends on the GPL version though. the anti-tivoization clause of GPLv3 makes compliance more difficult. Some organizations ban GPLv3 all together.

      Busybox is GPLv2, which no one should complain about that.

    2. Re:Waste of time by jd · · Score: 1

      No, but (a) it requires companies to pay lawyers vast sums of money to tell them that because CYA apparently doesn't involve reading the license, and (b) Sony has discovered a way to make money from a truly advanced 'ls' command that provides a Clippy lookalike - blackmail.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:Waste of time by bug1 · · Score: 2, Informative

      "You can spend months trying to rewrite busybox"

      Output from sloccount for busybox suggests its more like 50 months.

      Busybox is highly optimized code, there has been a lot of rewriting to reduce space, without being an expert on how these estimates work, i suggest it underestimates the effort required to create.

      Total Physical Source Lines of Code = 192,634
      Development Effort Estimate, Person-Years (Person-Months) = 50.12 (601.42)
      Schedule Estimate, Years = 2.37 (28.45)
      Total Estimated Cost to Develop = $ 6,770,351

    4. Re:Waste of time by serviscope_minor · · Score: 0

      Depends on the GPL version though. the anti-tivoization clause of GPLv3 makes compliance more difficult.

      That is complete and utter tosh. It is far easier to create firmware that will load any binary than it is to create firmware that will only load signed binaries. It in fact takes vastly more effort to fail to comply with that aspect of GPL3 than it does to comply.

      --
      SJW n. One who posts facts.
    5. Re:Waste of time by bug1 · · Score: 1

      Oh wait, it actually means 50 person years of development effort top recreate busybox.

      It would take an extreme GPL hater to go to all that trouble just to avoid having to share.

  10. Re:as far as copyright law allows by TaoPhoenix · · Score: 4, Insightful

    I second this.

    "Hi there. Nice GPL copyright-backed code you got there, that you're violating the license on. It would be a shame if you had to pay $375,000 per Copyrighted Work, aka each file in the 50,000 file package. The Choice Is Yours."

    Come on guys, if they're going to abuse copyright law, abuse it back, preferably with a big gun case that sets precedent. "No, you don't get to "withdraw your case. You get to pay me X BILLION dollars! Or - your choice - you can go fix it in Congress so that copyright damages are back down to $20 per work, like it should be."

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  11. LGPL by eexaa · · Score: 1

    I always thought that LGPL was created for this kind of stuff. I guess that if sony contacted busybox authors in a nice manner and if it was all for some good thing (bash-scripted gadgets!), relicencing would be fast&easy option.

    1. Re:LGPL by slimjim8094 · · Score: 1

      LGPL is a good fit for this (although it's really more for libraries). However, the busybox folks seem to be quite happy about being "that piece of software that nails everybody that tries to violate the GPL", so they may not be interested in relicensing.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  12. Why not rewrite BusyBox starting from BSD? by Animats · · Score: 4, Interesting

    BusyBox is just some standard UNIX utilities in one executable. BSD has all the necessary code. The BSD license doesn't require source redistribution. Putting together a BusyBox replacement shouldn't be a big deal.

    1. Re:Why not rewrite BusyBox starting from BSD? by Anonymous Coward · · Score: 0

      Isn't FreeBSD's /rescue basically a BusyBox? All of those utilities are hardlinked. Shouldn't be hard to add more BSD utilities to it.

    2. Re:Why not rewrite BusyBox starting from BSD? by jd · · Score: 2

      Why rewrite it at all? Flash memory is sized in gigabytes and is unlikely to be the expensive part of any embedded device. There are plenty of variants of the standard UNIX utilities - the *BSD ones, the SysV rewrites, etc. There's absolutely no need to go for a single binary on any modern device.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:Why not rewrite BusyBox starting from BSD? by dkf · · Score: 1

      Why rewrite it at all? Flash memory is sized in gigabytes and is unlikely to be the expensive part of any embedded device. There are plenty of variants of the standard UNIX utilities - the *BSD ones, the SysV rewrites, etc. There's absolutely no need to go for a single binary on any modern device.

      The single-binary approach is much simpler to distribute and manage, especially as those "single" binaries are typically just a dressing around some kind of archival or disk image format. In effect, you use a special version of mount to convert the binary into a mounted directory, and copy stuff out of that. Then the executable part of the binary does effectively the reverse. It's neat and robust, and very good for a lot of custom commercial software (especially where the main concern is someone breaking something by accident, not software piracy). It's often relatively easy to convert such things into cloud images too (provided that makes any sense for the app; not always true) and copying the distribution package onto some flash memory, that's just a trivial deployment option.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  13. Re:as far as copyright law allows by masternerdguy · · Score: 0

    Sorry, but no. Treat the industry as you want to be treated.

    --
    To offset political mods, replace Flamebait with Insightful.
  14. Wrong title by billcopc · · Score: 1

    The question should have been: How Far Should Sony Hate Go ?

    Why is the GPL preventing Sony from using BusyBox as is ? The source code is already available, so if they feel the burning need to make changes, they can simply post patches on the web. Am I misinterpreting the GPL here ?

    Why would rewriting BusyBox be considered cheaper/easier than complying with the GPL ?

    --
    -Billco, Fnarg.com
    1. Re:Wrong title by jcfandino · · Score: 1
      The original wiki tries to explain your question, but I still believe it would be better just to comply with the license:
      From the FAQ

      Q. Simply providing the source, as the licence requires, would avoid litigation. Isn't that easier than re-writing busybox?
      A. It is true that providing the source would avoid litigation. In most cases, this *is* easier than re-writing busybox. However, in some cases - especially when dealing with a naive or defunct supplier, it can be difficult or impossible to find the 'correct' source for busybox. It would be better not to get into a situation where the lack of correct source from a 3rd party supplier resulted in extreme remedies being required. This project aims to make a useful alternative to busybox which completely eliminates any possibility of infringement, wrongdoing, and risk of litigation for this particular piece of software.
      Q. Isn't this a lot of work to avoid a relatively small effort (publishing the source to busybox)?
      A. It will be some work, but it will likely only have to be done once, and the burden and/or cost of the work can be distributed throughout the industry. The cost to a single company to support this project is very small in comparison to the legal liability and costs should some problem occur with busybox compliance.
      Q. Is this being done to prevent the SFC from asking for the source to the Linux kernel?
      A. No, although it would have that effect. As part of their request to remedy a busybox GPL violation, the SFC does ask for source code unrelated to busybox. Personally, I believe this is improper. However, my main reason for proposing this project is to avoid having the SFC gain review authority over unrelated products produced by a company. The larger the set of Linux-based products that are produced by a company, the greater exposure there is for a possible mistake, and the greater potential costs that would incur in the event of litigation and/or settlement.
      Q. Wouldn't it be morally better to help companies fulfill their GPL obligations, than tohave them avoid GPL software?
      A. There are multiple people who provide consulting services to help people fulfill their GPL obligations. This is a good thing and it should be encouraged. Helping companies avoid infringing the license of software they use is good. Also good is providing software for companies that helps them avoid legal entanglements at all. Arguments beyond this get into BSD vs. GPL license wars, which I don't think are productive to engage in here.

    2. Re:Wrong title by Anonymous Coward · · Score: 0

      It's standard emotional blackmail from large corporations. It goes like this:

      1. Popularity = success.
      2. Our marketing budget can make your (software/music/movie/TV show) popular.
      3. If you want us to help you have to give us something.
      4. What we want is an unlimited exclusive license to use your work in any way we please.

      This is practically identical to the Faustian pact the same companies make with artists. The threat to rewrite busybox (or whatever) is just leverage. The thing to remember is that 1. is a flawed concept, and that people who don't follow the GPL by definition contribute nothing of value to open source software, so they are quite welcome to fuck right off and rewrite busybox, if that's what they want.

  15. *BSD by tepples · · Score: 1

    If you can make a program with the same functionality as BusyBox, and you run it on top of the NetBSD kernel instead of Linux, where's the requirement to provide source code?

    1. Re:*BSD by martin-boundary · · Score: 1

      Good point, but wouldn't the kernel binary still show enough similarities with a compiled Linux kernel for probable cause?

  16. Re:as far as copyright law allows by Yvanhoe · · Score: 1

    Self defense is so over-rated....

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  17. About. by M0j0_j0j0 · · Score: 0

    GPL is a fairy tale. the fact that it exists is one thing, enforcing it is a completely different story, but it's a beautiful concept.

    1. Re:About. by VortexCortex · · Score: 1

      GPL is a fairy tale. the fact that it exists is one thing, enforcing it is a completely different story, but it's a beautiful concept.

      Yeah, sort of like the fairy tale my grandma told me before she died: "70 years from now, when you and your children should be dead, you'll finally be able to freely use the works I created while under agreement with the greedy publishers; Their plan to end the public domain will fail because... you are a Cylon."

  18. Re:as far as copyright law allows by masternerdguy · · Score: 1

    Self defense by doing exactly what you criticize is moronic. It's the we need nukes because they have them mentality.

    --
    To offset political mods, replace Flamebait with Insightful.
  19. Go to hell; here's a map. by tepples · · Score: 5, Informative

    Is that really considered a derivative work just because they can see the source?

    Proving an allegation of copying requires proving two elements: first, that the alleged infringer had at one time had access to the older work; and second, that there is a level of similarity between the two. "Access" can be as simple as having heard a song on the radio a decade ago (Bright Tunes Music v. Harrisongs Music).

    Compaq decided to make lack of access clear when it reverse-engineered the IBM PC BIOS using a "clean room" technique. This involved having one team turn copyrighted code into descriptions of its (unprotected) functionality and a second team turn the descriptions into code, with all communications between the two teams carefully monitored. I've been told it might not be quite necessary to go that far, but in the business world, you'd often rather spend money on engineers than trial lawyers. In such a case, it's best to draw up a plan for "being able to tell IBM to go to hell, and having the federal judge draw them a map for exactly how to go there", as sigwinch put it a decade ago. (Here's such a map.)

    1. Re:Go to hell; here's a map. by medv4380 · · Score: 1

      That can't be right. That map puts me 60 miles away from Detroit.

    2. Re:Go to hell; here's a map. by idontgno · · Score: 1

      That's because you descend past Limbo, into Hell proper, and then turn left at Hellbuquerque (the famous "left toin at Hellbukoykee") and go an extra 60 miles to Detroit.

      It's like the 12th Ring of Hell.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
  20. The GPL as a political project by Anonymous Coward · · Score: 2, Insightful

    For several hundred years, and probably before then, there has been a struggle between individuals who strive for the possibility of social segregation and the perpetuation of (their) wealth, and individuals who strive for, effectively, a vision of communal merging of humankind. The former represented by a collection of mythologies related to social darwinism, self-sufficiency, republicanism, individual property rights and free will, and the latter represented by a collection of mythologies related to equality, communalism, various forms of group or shared property, determinism and removal of all mental barriers that distinguish between groups of people (either on a national/racial or international/global/humankind basis).

    Ideologies relating to both of these have been pervasive through the world and there are untold millions who lean in either direction. It's no surprise that you find plenty of people who sympathise either way.

    It's also no coincidence that the terminology chosen was specifically "CopyLeft", representing effectively and in principle shared and communal property, as an alternative to "CopyRight", effectively individual, withheld and segregated property.

    Consider the fact that if all property, assets and reality was virtual, and we lived in a completely software-engineered world (a la The Matrix), a world governed by GPL v3 / lack of copyrights would be one where all property would be communal. This because the integration and interoperability of software would eventually force through a completely communal state, and because 'private' property could be raided and distributed at will.

    GPL v2 is an intermediary step, where communal property is effectively a voluntary or accidental movement.

    This is also why there won't ever be a GPL version beyond 3. 3 is the end point. 2 is a philosophical difference. But the goal was obviously always 3, because if you ever develop 3, then it's clear that you have been intending to do so from the very beginning.

    This is also why GPL enforcement is a contentious issue. There is a perception effectively of power balance, where "power creates counterpower". The more the FSF seeks to take strong action against GPL v3 violators, the more people _who are not philosophically completely sold on the idea of communal property_ will form a counter-power and avoid GPL v3. GPL v3 has seen limited uptake, most likely for this reason, because people instinctively avoid what is effectively a viral project to communalise all digital architecture. To pursue the highest profile cases would effectively force a philosophical end game at a legal and political level, which they most likely don't see as productive at this point.

    1. Re:The GPL as a political project by danbob999 · · Score: 1

      Look, if you don't like the GPL, don't use it. Better : think of it as proprietary software, and don't mess with the source. At this point, you will see that there is no more political project in a GPL software than in Windows, OS X, or any other proprietary software you are using.
      Don't like GPLv3? GPLv2 is still there and you can still use it.
      The world is never going to be governed by the GPL.
      Bill Gates probably gives Windows for free to a friend or two. GPL developers give away their software to their thousand of friends accepting the license. But no one if forcing you to use either.

    2. Re:The GPL as a political project by idontgno · · Score: 1

      Look, if you don't like the GPL, don't use it.

      Exactly. If you're willing to undertake the effort, feel totally free to write a functional replacement, through cold clean-room reverse-engineering, and no one will criticize you.

      Oh, wait, I'm sorry. Many will criticize you. You will be technically "in the right" and entirely within the law, but some of the more cult-like elements of the GPL faction will come after you for trying to leave the faith. Or else ascribe unprovable sinister motives.

      Oh, well. I wish Tim Bird well. He and his clientele don't need the GPL, and the GPL doesn't need them.

      If GPL enforcement of the Linux kernel is the real problem, really solve that instead of using Busybox as some kind of attractive extortion bait.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    3. Re:The GPL as a political project by danbob999 · · Score: 1

      Leave the faith? If you want a proprietary replacement to busybox, you probably never had the faith to begin with.
      Such software is no worse than any other proprietary software such as Windows. And there is no reason for it to get any more criticism.

    4. Re:The GPL as a political project by danbob999 · · Score: 1

      Also, just because there are cult-like elements in the GPL faction isn't a reason for not using the GPL.

    5. Re:The GPL as a political project by arose · · Score: 1

      You mean: "you might be techinically in the wrong but as long as it's not with those BusyBodies no one should criticize".

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  21. Re:as far as copyright law allows by Bucky24 · · Score: 3, Informative

    Sorry, but no. Treat the industry as you want to be treated.

    Ya know, the golden rule is a nice lesson we learned in grade school, but in the real world, if you treat others as you'd like to be treated, you're either treating them like dirt, or you're treating them well, and they walk all over you. It would work if everyone wasn't a sociopath and actually did treat people how they wanted to be treated, but there are too many people willing to take advantage.

    --
    All the world's a CPU, and all the men and women merely AI agents
  22. Stupid question by slimjim8094 · · Score: 4, Insightful

    The implication is clearly that we (as a community) shouldn't discourage people from using OSS code, or they'd start rewriting it to "get around" it.

    That's the entire argument for the GPL. Basically, if some simple conditions aren't met, you don't get to take advantage of all the work that's been put into it. The idea being that you'd rather they not use your code at all if they're going to be dicks about it.

    Sony, for reasons I don't quite understand but are entirely up to them, seems unhappy about putting the publicly-available-and-not-competitively-relevant source code on their website. More power to them, but the tradeoff is spending a bunch of time rewriting software that already exists and works fine. More power to them.

    When I license my code under the GPL, I realize that the odds of its reuse are somewhat smaller. But that's fine, since I'd rather that somebody saving time by building off my work makes their source available (to me, and everybody else). If they don't want to do that, I don't want to save them the trouble of having to write it themselves.

    The more interesting story here is that Sony's got it in its head that it'll be cheaper to rewrite Busybox than continue to have links to it. Not sure how they figured it.

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    1. Re:Stupid question by LordLucless · · Score: 2

      Sony, for reasons I don't quite understand but are entirely up to them, seems unhappy about putting the publicly-available-and-not-competitively-relevant source code on their website

      Probably because they don't want the bad press of an open source group claiming that Sony needs to open source all their source code if there's even one bit of GPL code sitting on the same media.

      I know that's not what the GPL says, but it hasn't stopped certain companies (*cough* MySQL AB *cough*) from chasing after people waving that interpretation. After being in a company that was stung by MySQL, I'd give the same advice to anyone I talked to as well. Don't use GPL code unless you're willing to either:
      a) Open source everything you write
      b) Go to court to defend your interpretation of the GPL, because there's some real dicks out there (ab)using it.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    2. Re:Stupid question by Anonymous Coward · · Score: 1

      > The more interesting story here is that Sony's got it in its head that it'll be cheaper to rewrite Busybox than continue to have links to it. Not sure how they figured it.

      Lawyer accounting. If Sony is forced to give away its proprietary source code, all millions of lines of it, because of one GPL program, it's far, far cheaper for them to rewrite it. It doesn't need to have all the bells and whistles of the GPL'ed version - it only has to do enough to make it functional for their boxes, and for whoever else wants to participate in its creation (under a saner OSS license).

      One or two people could knock it off in a few months (a few hundred K$, rather than risk tens or hundreds of millions in damages from having to give away their secrets). And if they get enough people who are disgruntled at the increasingly paranoid and doctrinaire GPLs, that's an even bigger win.

      There's a reason why the Apache codebase is so darn popular - it's basically a "here's some nice code; we like it, you do what you want with it, and it would nice if you gave something back in return, but we won't be dicks about it". And you know what? Many contributors do give back willingly, though Apache has its own issues with doctrine of other sorts, making contributions somewhat difficult.

    3. Re:Stupid question by Anonymous Coward · · Score: 0

      Or c) don't use code solely owned by a single corporation, even if it is the GPL. Fortunately, not relevant here. Still not sure why Sony thinks anyone would want them to open source everything.

    4. Re:Stupid question by Anonymous Coward · · Score: 0

      Don't use GPL code unless you're willing to either:
      a) Open source everything you write
      b) Go to court to defend your interpretation of the GPL, because there's some real dicks out there (ab)using it.

      The stupid stupid stupid problem here, that I see all the time on Slashdot, is equivocating on the word use when talking about GPL software.
      Of course, using GPL software is free for all, with no restrictions whatsoever.

      So, FTFY:
      Don't prepare and distribute derivative works of GPL code unless you're willing to comply with the terms of the GPL.

    5. Re:Stupid question by subreality · · Score: 1

      The implication is clearly that we (as a community) shouldn't discourage people from using OSS code, or they'd start rewriting it to "get around" it.

      That's the entire argument for the GPL.

      It's also the argument for the BSD-type license. This is exactly why we have different open source licenses.

      If you'd rather that more people would use your stuff and not have to rewrite it, you use a BSD license.

      If you prefer that people have an incentive to keep the derived code open, you use the GPL.

    6. Re:Stupid question by Darinbob · · Score: 1

      Rewriting BusyBox is trivial. Most uses only need a few commands from it. However people like to add their own commands, customize if for their own particular embedded application. Since BusyBox is there it makes sense to add some basic stuff to it rather than create a separate standalone executable. It's cheaper to write your own than to be compliant with GPL restrictions (including cost of the extra system memory requirements).

      That's part of the irony of GPL I think; the FSF's goal is to promote code sharing and re-use in part, but the result is a lot of people ending up reinventing the wheel or buying licenses to proprietary versions of the wheel. (there are some who realize you can use non-GPL free code instead, but most of the corporate world has been trained to avoid anything open source like the plague)

    7. Re:Stupid question by Anonymous Coward · · Score: 0

      True on the interpretation part. All you would really have to do is ask the copyright holder(s) of BusyBox what they consider a GPL violation. You could pose several scenarios to them and get some answers.

      MySQL AB's interpretation of the GPL means jack squat to anything in this case. Only the copyright holder(s) of BusyBox have standing to file suit.

    8. Re:Stupid question by NorthStar4 · · Score: 1

      >> Sony, for reasons I don't quite understand but are entirely up to them, seems unhappy about putting the publicly-available-and-not-competitively-relevant source code on their website. More power to them, but the tradeoff is spending a bunch of time rewriting software that already exists and works fine. More power to them.

      I can't comment about Sony's interpretation of the GPL, but when I spoke to our CEO about using some GPL code in one of our projects, he was very nervous. Apparently the legal interpretation of the GPL that he's been given (presumably by a company lawyer) is that if we place a binary file that is compiled from GPL source (eg a windows exe) and another binary that is compiled from our own proprietory code (another windows exe) into the same zip file and email that to anyone outside the organisation then the source code for our windows exe is now covered by the GPL. I'm pretty sure this is not correct (as it seems a bit extreme), but that is the advice we're working on and hence why for now we're avoiding GPL code for this particular project.

      He would be happy for us to release the source code changes for any GPL code we modify (though in this project we wouldn't need to modify anything), but obviously we want to keep our own code private.

      There does seem to be a degree of uncertainty about what exactly the GPL does or doesn't require and not being a lawyer myself, I can't be certain either, so I'm forced to go by the legal advice our CEO has received, whether or not it is accurate.

    9. Re:Stupid question by LordLucless · · Score: 1

      Of course, using GPL software is free for all, with no restrictions whatsoever.

      I'm a developer. I use software libraries, and yes, they ship with the code. Stop being a semantic Nazi

      Don't prepare and distribute derivative works of GPL code unless you're willing to comply with the terms of the GPL.

      And you are prepared to go to court to defend your interpretation of what a "derivative work" is.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    10. Re:Stupid question by Anonymous Coward · · Score: 0

      Well, yes, if you're trying to cheat, be prepared to go to court.

    11. Re:Stupid question by LordLucless · · Score: 1

      Oh right, I misunderstood. "If you disagree with me, you're a cheat." Now I understand your position.

      I seriously don't know why I bother responding to ACs. The chances of them contributing anything worthwhile to the conversation aren't worth the effort.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    12. Re:Stupid question by Anonymous Coward · · Score: 0

      b) Go to court to defend your interpretation of the GPL, because there's some real dicks out there (ab)using it.

      Mod up. Truer words have never been spoken about the "free-as-in-there's-a-catch" GPL.

    13. Re:Stupid question by evilviper · · Score: 1

      That's the entire argument for the GPL. Basically, if some simple conditions aren't met, you don't get to take advantage of all the work that's been put into it. The idea being that you'd rather they not use your code at all if they're going to be dicks about it.

      You're missing a big, big issue... Network effects.

      If a freer version of XYZ comes out, and people get onboard, pretty quickly people that prefer the GPL will use and develop for the less-free version, because it has features the GPL'd software doesn't, or is supported more widely, etc. Sure, people aren't forced to release their changes, but odds are that not forcing them to release ALL their change will result in it getting much more use, and those same groups will release SOME of their changes anyhow, perhaps contributing more in the end...

      There's no question that internet protocols are all BSD/MIT licensed, and NONE are GPL licensed. TCP/IP came out of BSD and got used everywhere. NFS was opened by Sun. Telnet / Rsh stayed around far longer than they should have, up until OpenBSD project developed OpenSSH (how much market-share does FreSSH have, now?). Sendmail, Bind, FTP, apache, X11, not a one of them was released GPL'd. Which makes you think, maybe if rsync was BSD licensed the otherwise impressive protocol wouldn't be such a tiny niche use, and maybe we would have replaced FTP long, long ago.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    14. Re:Stupid question by arose · · Score: 1

      Stop being a semantic Nazi

      1. 1. Engage in a semantic argument against somone, ignoring cotext.
      2. 2. Receive clarification.
      3. 3. Claim that the other party clarifying is a semantic Nazi.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    15. Re:Stupid question by arose · · Score: 1

      The GPL dictates the amount of system memory now?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    16. Re:Stupid question by arose · · Score: 1

      He should be nervous, he is receiving bad legal advice.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:Stupid question by LordLucless · · Score: 1

      Are you sure you read that thread straight? The AC I responded to was not the OP, and my first response was not a semantic argument.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    18. Re:Stupid question by arose · · Score: 1

      No, looks like I got tangled up. Sorry about that. If somone with modpoints can be bothered to nuke my other post from orbit please go ahead. Everyone else, ignore it.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    19. Re:Stupid question by squizzar · · Score: 1

      The amount of system memory required is part of the 'cost' of complying with the GPL restrictions. E.g. cost(write your own code + put extra memory on device) vs. cost(comply with GPL). It doesn't mean that the GPL in any way dictates the amount of system memory available.

  23. Re:Passover lamb by h4rr4r · · Score: 2

    Go take your medicine. You need it.

  24. BSD by Bitsy+Boffin · · Score: 1

    DRTFA, but if they are advocating not enforcing the GPL and just developing instead - why don't they just advocate using a BSD derived licence?

    In other words, if you have chosen to use GPL for your code, then you must have done so because you want people to abide by those conditions, and so you must want to enforce them.

    If you don't, then don't use GPL.

    If you selectively enforce GPL, then it just weakens enforcement.

    --
    NZ Electronics Enthusiasts: Check out my Trade Me Listings
  25. It's not Sony's project! by ahecht · · Score: 4, Informative

    Once again, Slashdot links to a blog instead of the original source. The linked blog gets its evidence from a wiki page at http://www.elinux.org/Busybox_replacement_project

    This page has a Q&A which clearly states that it is not a Sony project:

            Q. Tim Bird, the proposer of this project, works for Sony. Is this a Sony project?
            A. No. Although Tim is employed by Sony, he spends a portion of his employed time working on behalf of the embedded industry to improve Linux and encourage GPL compliance. As of February 2, 2012, Sony has not endorsed or agreed to support this project. This wiki page is for gathering information and project description information, to present to various companies to solicit support and resources for the project.

            Q. Can Tim's creation of this proposal be used to infer anything about Sony's compliance record, future compliance intent, or other business practices?
            A. Tim has only recently informed his management about this proposal, and Sony has not yet (as of 2/2/12) agreed to support it. So, "no, not really". Sony has a good compliance record, and has strong compliance policies in place. It has never been contacted by the SFC and has no expectation of being contacted by the SFC about any license violation of GPL software. Tim is doing this as part of his (paid for by Sony) role in the industry to address issues which inhibit the adoption of Linux in consumer electronics.

  26. the argument by chrb · · Score: 5, Informative

    The argument that is being made in a nutshell:

    Busybox copyright is enforced by the SFLC, which sues companies to get them to comply. When negotiating for compliance, they also request that the company in question comply with the GPL2 license on the Linux kernel. Now, for whatever stupid reasons, some companies don't want to release their kernel modifications for Android devices. So they think that by removing Busybox, the SFLC will no longer have a copyright claim that opens them to litigation which results in their releasing their kernel source. This reasoning is flawed, because there is another, much easier way to avoid Busybox litigation: put the source code on your web site. That's all it takes. They could keep their kernel sources, and just put up the Busybox source, and they would achieve the same thing.

    The other argument being made by one developer is that enforcement action is pointless, because he hasn't seen any Busybox source opened up from this route that was worth anything. Others disagree, saying there was some useful code, and that it's not just about Busybox - the Busybox enforcement actions have also resulted in kernel drivers being opened up.

    So, the "outrage" here is the allegation that Busybox is being rewritten so that companies can violate the copyright of the Linux kernel without being sued by the SFLC.

    1. Re:the argument by Rennt · · Score: 1

      This reasoning is flawed, because there is another, much easier way to avoid Busybox litigation: put the source code on your web site. That's all it takes. They could keep their kernel sources, and just put up the Busybox source, and they would achieve the same thing

      Not an option if you have infringed on Busybox and got caught. SFLC will not grant you a license to distribute busybox until you have released ALL your code.

    2. Re:the argument by chrb · · Score: 1

      As far as I know, the SFLC doesn't have to grant a redistribution license - you already have a license in the GPL - you just have to abide by its terms. You would be correct though *if* the SFLC is using the threat of legal action for past infringement to also demand release of the Linux kernel source.

    3. Re:the argument by Nursie · · Score: 1

      Ah, but if you've violated the terms you've lost the license, and may need to comply with other terms in order for the copyright holder or their representative to grant you a new one.

      At least that's my understanding of how the SFLC says it works.

    4. Re:the argument by Dr_Barnowl · · Score: 1

      Under GPLv2, if you violate, you lose your license to distribute permanently, and only the copyright holder can grant you a new one. The SFLC being the copyright holder for BusyBox.

      Under GPLv3, if you offer the appropriate restitution (releasing your source), you automatically regain your license to distribute. This is a more enlightened position, given the mixed set of authors that many open-source projects have - getting permission from every copyright holder would be an onerous, and potentially impossible, task. It's also rather friendlier to business interests - the people who claim that Stallman is anti-business should take that message home.

      Since the kernel is under GPLv2, all it would take for the SFLC to gain a position of some leverage over the kernel as well would be for them to convince some number of significant kernel contributors to assign their kernel source copyrights to SFLC ; whether Linus would allow their contributions to enter the kernel sources or remain there is another matter.

    5. Re:the argument by Hatta · · Score: 1

      All SFLC has to do is get some patches into the kernel. Then they can sue for violation of the GPL on Linux directly, instead of using Busybox as an excuse.

      --
      Give me Classic Slashdot or give me death!
  27. Re:as far as copyright law allows by TFAFalcon · · Score: 1

    If I was selling another person's software without permission then I think they would have every right to sue me for every penny I owned.

  28. Re:Passover lamb by JustNiz · · Score: 1

    uhhh...what?

  29. Re:as far as copyright law allows by ifiwereasculptor · · Score: 1

    GPL - stuff must remain free for everyone to use, modify and distribute
    Typical copyright - stuff must remain mine and everyone has to pay me and agree to be subject to my whims to see or use even part of it

    Oversimplification, of course, but the point is that they are not both "nukes", because they aren't the same thing at all, just use a the same legal framework for completely different results.

  30. please stop posting stuff by Proffitt by nadaou · · Score: 2

    Proffitt is a financially motivated troll, raking up the mud to get page hits. Please stop posting his blog posts, they don't help improve our lives or our software.

    thank you

    --
    ~.~
    I'm a peripheral visionary.
  31. Re:as far as copyright law allows by Migraineman · · Score: 1

    Agreed. "Treat others as you want to be treated." That's a lovely idealistic and academic notion. It's also one that requires everyone in the society to accept. One act of douchbaggery will lead to a cascade failure of this construct.

    My folks tried to take this social high-road back in the 70s. They were treated like doormats, until they couldn't take any more and had to defend themselves from the hordes of predatory-types.

  32. Again? by Alex+Belits · · Score: 1

    Some guy's speculation and Brian Proffitt's anti-Linux propaganda again?

    --
    Contrary to the popular belief, there indeed is no God.
  33. Re:as far as copyright law allows by LateArthurDent · · Score: 4, Insightful

    Self defense by doing exactly what you criticize is moronic. It's the we need nukes because they have them mentality.

    What's wrong with that mentality? MAD works and is, in fact, the only thing that does.

  34. Re:as far as copyright law allows by Cormacus · · Score: 2

    Thats an interesting point. If you follow the golden rule you will get hurt by someone who doesn't - and that person won't be hurt at all. On the other hand if you "treat other people as they treat you" at least there is some feedback, some encouragement to follow the rule as well.

    --
    Mon chien, il n'a pas du nez. Comment scent-il? TrÃs mauvais!
  35. Re:as far as copyright law allows by Bucky24 · · Score: 2

    "In the land of the Golden Rule, the douchbag is king"

    --
    All the world's a CPU, and all the men and women merely AI agents
  36. Indentured servitude by Fujisawa+Sensei · · Score: 1

    Indentured servitude to RMS would be much better.

    But alas, it would probably also qualify as cruel and unusual punishment.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    1. Re:Indentured servitude by CharlyFoxtrot · · Score: 1

      Indentured servitude to RMS would be much better.

      Just don't bring him breakfast, don't even bring it up, and let the man cross the street.

      --
      If all else fails, immortality can always be assured by spectacular error.
  37. I don't know the relevance of the Sony story by GauteL · · Score: 1

    .. Since that is about reimplementation, not copying, but GPL enforcements should be taken as far as it can.

    Seriously, if you don't care enough to sue for copyright violation or even to let others do so on your or the communities behalf, then why are you licensing under the GPL to begin with?

    I really don't care for arguments that everyone should BSD license their work, the argument is often self-serving and not everyone is ok with others profitting of your work with nothing given in return.

    On the other hand, if you dont care about that a permissive license is most definitely the right choice.

  38. Really simple here by swordgeek · · Score: 1

    If the GPL is stifling development (commercial or not), then it's stifling development, simple as that. If the license is an impediment, then it has failed to encourage development.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Really simple here by Microlith · · Score: 2

      It isn't stifling development. Vendors are happy to use it, they just don't like complying with the license terms. This is an attempt to do an end-run around the detection of the license violations.

    2. Re:Really simple here by squizzar · · Score: 1

      The other area of copyright we love to discuss on slashdot is music. So look at it like this:

      You are a musician

      You hear some music.

      You like a part of the music, and you take a sample

      You use that sample to make some new song.

      As it stands you'd have to get a license from the rights-holder before you could distribute your derived song. The GPL is a way of saying 'yes you can use samples or the whole song, but you have to distribute your song under the same terms (so the next musician can make a song based on yours)'.

      The only way the GPL is stifling development is if you make the song, and then realise that you: a) don't want to allow other people the same opportunity to derive their songs from yours as you got from the song you heard, b) don't want to spend the time/money/whatever that's required to get a license to the sample from the original author or c) don't want to replace the sample with something you wrote yourself. The impediment applies to people think they should get something for free, but be able to make money from it. It discourages parasitic development, which I don't think is a bad thing.

  39. Is it really a derivative work? by Bruce+Perens · · Score: 2
    It might be that Toybox is derivative of Busybox. Parts of Toybox were written for Busybox, and presumably are derivative of other parts of Busybox. They were then removed from Busybox and put in Toybox, which does the same thing, just without other parts of Busybox.

    But the really nasty part of all of this is that Toybox's only purpose is to allow the GPL on the kernel to be infringed with impunity, because kernel developers currently aren't cooperating with SFC.

    Does anyone want to sell their copyright on existing kernel code? I'd throw you a few bucks to contribute it to SFC.

    1. Re:Is it really a derivative work? by Anonymous Coward · · Score: 0

      If Toybox infringes on Busybox, surely Busybox infringes on the original tools it copies. You can't have it both ways, Bruce - either neither the original tools nor busybox are protected from derivatives, or both are.

  40. The golden rule works with a tit-for-tat strategy by turing_m · · Score: 4, Interesting

    The golden rule CAN actually work, if you approach life with a tit for tat strategy (benevolent or otherwise). If you are nice until someone shits on you and are then a bastard in return, this is completely compatible with the golden rule a.k.a. "do as you would be done by". If you are nice to others and they are nice to you in return, it all works out. And if you are reasonable, then you would also understand that someone is going to attempt to shaft you if you shaft them first. However, as long as you are nice to someone using a tit for tat strategy then you will never see their vengeful side. So "employ a (benevolent) tit for tat strategy as you would hope others do towards you" is not only nice, it is a very practical way to approach life, consistent with a functioning society that will even self regulate in the absence of a justice system.

    You do need to be guarded against those who would feign tit for tat for an extended period of time until they judge the time is ripe for a mortal blow.

    --
    If I have seen further it is by stealing the Intellectual Property of giants.
  41. It depends on whom the client of GPL software is by cpghost · · Score: 1

    Let's take FreeBSD as an example. FreeBSD and GPL code coexisted a long time just fine, that is until FSF switched gcc to GPLv3. At this point, FreeBSD was stuck with the last gcc and binutils published under GPLv2, and they had no choice but to start looking elsewhere for a replacement (currently transitioning towards clang/llvm). In this case, licensing a central piece of OSS infrastructure exclusively under GPLv3 was quite hostile to non-GPL OSS (!) projects that depends on it and was clearly not nice. On the other hand, enforcing GPL(v3) on closed-source vendors like Sony who never played nice with the OSS world is a perfectly acceptable policy, IMHO. And I'm saying this even though I am a strong advocate of BSD-license licensing: you GPL folks have no reason to bow to those who don't reciprocate in some sense... but you could show more flexibility towards OSS projects by dual-licensing under GPLv2 and GPLv3.

    --
    cpghost at Cordula's Web.
  42. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    "To ignore evil is to become an accomplice to it.": - -- Rev. Dr. Martin Luther King, Jr.:

  43. The Linux kernel is public domain by Anonymous Coward · · Score: 0

    I'm posting anonymously because I work at a well known company that uses the linux kernel code (and for political reasons, we'd rather you not know who we are) and even if you knew who we are and you asked, we would not release our kernel modifications to you. It is our opinion (and the lawyers we talked to backed us up) that the Linux kernel is effectively public domain. This is because there have been significant (and obvious) violations of the provisions of the GPL license going on for so long, and without any enforcement by Linus Torvalds or any other kernel developer, that there would clearly be no "damages" arising from existing or future violations.

    1. Re:The Linux kernel is public domain by asdf7890 · · Score: 1

      Ah, the "I want so I'll take and rationalise later" reasoning.

    2. Re:The Linux kernel is public domain by inode_buddha · · Score: 2

      And yet your company would scream bloody murder if their IP was treated in the same way. Rather hypocritcal, no?

      --
      C|N>K
  44. Lack of enforcement is a big problem. by asdf7890 · · Score: 1

    If you don't bother enforcing your license then you weaken it for everyone else as people will continue to think they can just treat OSS as public domain because, well, they are doing and getting away with it.

    If you are not going to enforce your choice of license, then use a license that you will enforce or just release public domain and be done with it.

    1. Re:Lack of enforcement is a big problem. by inode_buddha · · Score: 1

      It would be interesting if various FOSS projects joined the BSA for example. Sometimes I think they actually should, since plenty of businesses use it. However when it comes to the kernel itself, it already does have its own legal protection through the Linux Foundation. However its mostly a defensive position - not a "going after infingers" type of thing.

      --
      C|N>K
    2. Re:Lack of enforcement is a big problem. by asdf7890 · · Score: 1

      I think there is a case for dual licensing.
      1. Make the default license for your code commercial and decide a high-but-reasonable pricing scheme. The exact nature of the pricing would be difficult to generalise obviously, but quoting prices at $X per device would cover use in consumer electronics devices and $X/user/month would cover use in software-as-a-service solutions.
      2. Suggest that you are open to negotiation on the pricing scheme (to account for volume discounts and so forth) and have a basic idea how low you would go generally.
      3. Offer a F/OSS license as an alternative to the above

      That way you have a defined loss for them having not paid and having not gone for option 3. Free use of the code becomes a negotiated point rather than the default stance even though there need not be any actual negotiation (all they have to do to get the F/OSS discount is play by the F/OSS rules), if they have not negotiated different pricing (i.e. free use) by any means then you probably have more of a case for either getting compensated (by them paying up) or forcing compliance (by them playing the game). It will become their choice just like any other commercial decision (we could use this component at cost X per Y assuming Z or this one at cost A per B assuming C) rather then them claiming your viral license is trying to force their hand. You are more likely to find affordabel legal help for a case too: if there is a well defined loss then you migth get picked up by a no-win-no-fee outfit who otherwise would not touch your case due to the higher risk of no payout at all.

      A bit like bus fares are often done over here to get around the fact that the bus company is not permitted by law to directly hand out fines for non payment. The standard fair from anywhere to anywhere in the city is £50. When you ask the driver for a ticket covering a trip from Stonebow to Monks Cross and back you pay a "negotiated" price of £2.20. The £50 demanded for none payment is then not a fine, it is simply the payment that is due. Without that pre-set standard price things are legally and administratively more tricky, as with trying to define the loss due to infringement of a F/OSS license.

      The trick would be deciding a pricing scheme that is expensive enough to strongly encourage OSS compliance, yet not so high as to be thrown out of court later (if challenged that far) as simply unrealistic.

    3. Re:Lack of enforcement is a big problem. by inode_buddha · · Score: 1

      Both copyright law, and the GPL itself, already allow for this. If somebody wants their own private version, then all they have to do is contact the copyright owners and offer to make a deal.

      --
      C|N>K
    4. Re:Lack of enforcement is a big problem. by asdf7890 · · Score: 1

      Aye, but setting a price before hand sets an expectation (the commercial entity is hopefully less likely to think "we can offer them $3 and a free pass for out office tour if they find out") and makes it clear that there is the option to fight by their rules should they wish to chose that.

      Then again not matter what you do, they can probably afford better lawyers...

  45. A grey area by Slashdotgirl · · Score: 1

    Reverse engineering is the process of discovering how a system, through analysis allows one to determine how the system functions or operates. Therefore software engineers can analyse busybox code and create a technical specification of the system at a higher level of abstraction. This specification can then be handed over to another group of programmers who can then write code according to the specification written.

    Under Sec. 103(f) of the DMCA (17 U.S.C. 1201 (f)) says that if you legally obtain a program that is protected, you are allowed to reverse-engineer and circumvent the protection to achieve interoperability between computer programs. The underlying question is, how protected is the busybox's code is?. In the USA courts have found contractual prohibitions (EULA) to override the copyright law see Bowers v. Baystate Technologies. To what extent cases like this can used is questionable and in Europe, Article 6 of the 1991 EU Computer Programs Directive allows reverse engineering for the purposes of interoperability.

    The web site http://digital-law-online.info/lpdi1.0/treatise22.html provides further cases that make for interesting reading.

    As mentioned in the OP, "just let the violation go and get on with developing better code.'", seems to me the best way to go.

    Regards
    Slashdotgirl

    --
    The more I know, the less I know
  46. It is linking to an original source by Anonymous Coward · · Score: 0

    You are correct to note that when the summary suggesting that it is Sony rather than a Sony engineer is indeed wrong (although did you actually read the second answer you quote which says that Tim is doing this (the proposal, not necessarily any coding) as part of his role at Sony?)

    But when you complain about linking to a blog, you should realise that on the subject of GPL violations by embedded companies that can't perform basic licensing due diligence that Matthew Garrett's blog is one of the best primary sources around.

    The "subject" is whether this project serves any legitimate purpose, or is merely an attempt to do an end-run around GPL enforcement activities and allow companies to continue to ship customised linux kernels without having to provide the source.

    Both Tim and Rob have commented at length on Matthew's blog on the issue and I did not find their responses compelling.

    Matthew has made the following comment which I think sums up the issue nicely, as well as partially answering the question posed in the summary (about GPL enforcement by kernel contributors):

    You're not going to solve a social problem (companies who use GPLed code are afraid of compliance suits) with a technical solution (rewrite a subset of that GPLed code under a liberal license). The problem isn't Busybox. The problem is that companies are either unwilling to comply, or are afraid that their attempts at compliance will be inadequate.

    The risk of being sued for accidental infringement is just as real for the kernel as it is for Busybox. Unless you're proposing to replace Linux (which would be a strange thing for the head of CELF to do) then a year or so down the line you're going to be just as vulnerable as you were before. You could spend the time working on a replacement for Busybox, or you could spend the time working out how to convince companies that the only long-term solution is for them to ensure that compliance checking is present at every stage of the procurement and development process.

    The first of those choices helps infringers more than it helps compliant companies. The latter helps compliant companies more than it helps infringers. You've chosen the first, and then seem surprised that people are assuming malicious intent. But, whatever. The good news is that it's spurred increased interest in enforcing the kernel's license, which was an entirely predictable outcome.

    1. Re:It is linking to an original source by Anonymous Coward · · Score: 0

      The "subject" is whether this project serves any legitimate purpose,

      Since when did writing code need anybody else's ok to be legitimate? Or are you getting into the murky territory of prior restraint, a la MPAA/RIAA -- only this time with the even dodgier claim that it's not even what the code does that's a problem, just that it provides competition to a company that happens to speak out against infringement.

    2. Re:It is linking to an original source by Anonymous Coward · · Score: 0

      Here's a quick guide for you:

      Reimplementing an existing project because you don't like the license of the old project: legitimate.

      Reimplementing an existing project because you don't like the license of the old project, but you're going to keep on violating that license for all the other projects that use that license because you think you can get away with it: not legitimate.

      Feel free to champion the rights of companies to take whatever steps they need to better infringe others' copyright, but don't suggest it's legitimate, that's just silly.

  47. Doesn't work like that by rsilvergun · · Score: 1

    a judge will just rule the damages you're asking for aren't reasonable and reduce them. Judges are kings of their court. We've watched several copyright trolls get slapped by Judges (Righthaven comes to mind). Judges are property holders. They're going to come done on the side of property in almost every case.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Doesn't work like that by psnyder · · Score: 1

      a judge will just rule the damages you're asking for aren't reasonable and reduce them.

      This.
      The reason proprietary copyright cases get money is because they claim lost sales (damages).
      It's hard to claim lost money when you're giving GPL'd code away.

  48. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  49. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    i completely agree... but have no idea who could fund such things

  50. Source code unrelated to busybox? by dgharmon · · Score: 1

    "As part of their request to remedy a busybox GPL violation, the SFC does ask for source code unrelated to busybox"

    What are the names of these Busybox using companies that the SFC requested non-GPL code from?

    "There are instances where this litigation and the terms requested by the SFC have resulted in companies dropping their embedded Linux projects."

    What are the names of these companies?

    "It has also caused even compliant companies to re-evaluate their adoption of Linux"

    What are the names of these companies, define 're-evaluate`.

    ref: Busybox Replacement Project

    --
    AccountKiller
    1. Re:Source code unrelated to busybox? by zzatz · · Score: 1

      You've misread that first part. It states that the SFC has asked for source code unrelated to Busybox, and makes no statements about the license of such non-Busybox code. Perhaps they asked for other GPL code, such the Linux kernel. Perhaps they asked for proprietary code that's covered by an NDA.

      Lawyers like fishing expeditions against their adversaries, and oppose them against their clients. It's their job. But I'd be happier if they stuck with their own client's code, not looking through all code trawling for potential clients.

  51. Sony by Anonymous Coward · · Score: 0

    If Sony caught some web site distributing one of their artist's songs, it is unlikely they would seek a settlement regarding just that one song. Rather they would want to ensure that the copyrights of all their songs would be respected. It is a bit ironic that someone at Sony seems concerned that SFC might try to enforce the copyright on more than just busybox.

  52. GPL=Communism, BSD=Capitalism by Anonymous Coward · · Score: 0, Insightful

    I forget who started it (maybe it was microsoft) but as far as licence enforcement goes, the GPL is something akin to code communism, where everyone must share or everyone must stealthly rip off each other. Everyone is a potential secret police.
    BSD licence on the other hand is just one step down from anarchy. It's Capitalism, if you can make a profit with it, do it. You just have to give credit, and you can't sue anyone for using it, nor can you sue the developers for making a crappy product.

    All and all, it's better to release GPL if you want MANY DEVELOPERS as possible, regardless of the value of the whole product, so things like the Linux Kernel, Gnome, KDE, etc fit better with GPL licences, because if there were 200 separate forks of it, it would be a pain in the ass to develop for.

    If you want as many USERS as possible, you ship with the BSD licence. So end-user "packaged" products that you don't develop on top of, like Open Office, TheGimp, Firefox, Chrome, and many unix utilities like OpenSSH and rSync, are better off as BSD.

    There is a fuzzy middle ground, and this is where all the bitchfights show up. Proprietary hardware with OSS software. Part of the reason the hardware is cheap is because they don't develop much in-house software, but at the same time, people can copy their hardware product with impunity if they release all the source code (see the Linksys WRT54G) of the device, but sometimes this is a good thing, as the greater developer community can produce a better product (see Tomato firmware, DDWRT, etc)

    In an ideal world, most of this software would simply be licensed as BSD if the software is being shipped as part of an "endpoint" hardware device that the hardware vendor is not going to sub-licence the software to other vendors. GPL is about control, where as BSD is about freedom. If the device is not "endpoint" (endpoint devices being things like PoE Video cameras, and other ethernet or USB connected devices where the device only transmits or receives to a server) then all the necessary code required to rebuild the operating system and package the firmware should be released. These are what I'd call "access point" devices, so Wireless AP's, routers, hard drives which have multiple devices or users should be GPL. Because the devices need to work until the hardware fails, and we know software standards change over time.

    1. Re:GPL=Communism, BSD=Capitalism by Anonymous Coward · · Score: 0

      Capitalism is about giving stuff away, expecting nothing in return, and communism is about the producer (developer) setting a price (source) for the product (software), that the buyer can accept or reject as he prefers?

      That's not the definition I learned in school.

  53. Re:as far as copyright law allows by Darinbob · · Score: 1

    GPL - my stuff must remain free for everyone to use, modify and distribute AND all your stuff that has touched my stuff is now part of my stuff and must remain free for everyone to use, modify and distribute.

  54. I dont get it. by drolli · · Score: 1

    What is "sidestepping the gpl"? Sony says for some products GPLing is for some reason problematic (which may be even not due to their own decisions), so lets write a free version.

    IMHO GPL should be enforced wherever it was intended to apply. If i invest time in something, i want that this happens under my conditions.

  55. When we're talking about media-related GPL code... by billybob_jcv · · Score: 1

    ...I say take Sony, Disney, Warner, etc to the wall. If they want to continue paying the RIAA to chase us, then we should be able to put it right back on them if they are violating GPL terms on their blu-ray discs and media streaming web sites. I'm not saying they are (but it wouldn't surprise me). What's good for the goose is good for the gander...
     

  56. Seize .gov by Anonymous Coward · · Score: 0

    I'm sure some GPL violation could be found to justify seizing the .gov domain to make a point.

    1. Re:Seize .gov by shentino · · Score: 1

      Crazy idea, meet sovereign immunity.

  57. there's this thing called IBM vs SCO by decora · · Score: 2

    anyone who thinks 'only 2 lines can screw up someone elses's code' is a ridiculous thing, should go after Microsoft SCO, and leave GNU alone.

    1. Re:there's this thing called IBM vs SCO by LWATCDR · · Score: 2

      I was about to say the same thing. There is no way that I can imagine that two lines of code would be substantial enough to cause a work to become a derivative work.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:there's this thing called IBM vs SCO by unixisc · · Score: 1

      void main(void) { } // void main(void) being under GPL3, and the rest of the stuff within {} being proprietary. See, one line was all it took!

    3. Re:there's this thing called IBM vs SCO by abhi_beckert · · Score: 1

      I'm the project lead for a GPL product that started out as a fork of someone else's GPL'd project. It had about 50,000 lines but is now over 300,000 lines. Almost every line of original code has been completely re-written, because it was either using long outdated API's (even when we started the project) or just plain buggy.

      Even though we wrote virtually every line of code that exists today, it is still a "derivative" and we are bound to follow GPL to the letter. This means, for example, no port of our app to the iPad (despite many requests) because unless we do a complete re-write we are not allowed to distribute it on the App Store.

  58. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    No it doesn't. It barely worked in the cold war & probably only because the Soviet Union fell apart first. For a massive example of MAD failing, take a look at the patent lawsuits between Apple/Google/Samsung/Nokia etc.

  59. busybox by Anonymous Coward · · Score: 0

    OK, so maybe I am missing something here. This is busybox, as in the command line program that behaves like a lot of programs depending on ARGV[0], or the name of the symbolic link pointing to it, right? Commands like "ls", and "tar" and "nc" and "telnetd", right?

    #1. Why do they need to bother writing a non-GPL version? Isn't calling it via exec() pretty much all you would ever want to do with it anyway? That is allowed under the license, right?

    #2. If you rewrote a busybox clone from the ground up, it would resemble Busybox about as much a Linux resembles SCO Unix. This should also be ok. Unless someone has a software patent on reading ARGV[0] and determining what the program should do...

    So, I think Sony gets partial credit here. I don't see any reason (other than unwarranted management fears) that they couldn't just use busybox. But, if management is that scared about it, then writing their own replacement from scratch should work out fine.

  60. Re:as far as copyright law allows by Mabhatter · · Score: 1

    Unfortunately that type of thinking has no place in our legal system. These crazy laws escalating will only get stopped when you can actually use them on somebody that HAS $20 BILLION dollars. Right now it is a stitation where the large companies all cross license out of court...so the FULL force of law only applies to newbies.

    Remember a few years back when Microsoft couldn't buy their way out of an injunction and had to REMOVE a feature from MSOffice... We need MORE of that!

  61. Why use GPL if you don't enforce it? by Sloppy · · Score: 1

    If you're going to release something and don't care whether or not derived works come with source, then why use GPL in the first place? If you don't care, you don't care. If you care, you care. Is it that hard to "know yourself?" ;-)

    It makes me wonder if some people are using GPL as a bluff, to trick derivers into releasing their source, even though there would be no consequences for failing to do so.

    And that's a clever idea (who really has time for dealing with lawyers?) but if that's your position, then all the more reason you should be loudly rattling your saber, angrily screaming that your Crack Legal Team WILL enforce GPL to the maximum, salt the farmland of violators after raping their daughters and poisoning their wells, bringing violators' heads to you so that their skulls may decorate the pikes which ring your lair. The last thing you want anyone hearing, is that you won't really enforce it, even if it's true.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Why use GPL if you don't enforce it? by Anonymous Coward · · Score: 0

      Because it's cheaper the paying people to write things from scratch?

      I'm sorry, was that a rhetorical question?

  62. All the way... by Lumpy · · Score: 1

    Thor strike from orbit. Nothing like a terminal velocity steel I-beam buried in the center of the CEO's BMW as it sits in the parking lot to get the point across.

    --
    Do not look at laser with remaining good eye.
    1. Re:All the way... by LeadSongDog · · Score: 1

      I'll bite. Just what is the terminal velocity of a steel I-beam?

      --
      Oh, I'm sorry sir, I thought you were referring to me, Mr. Wensleydale.
  63. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  64. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    So it doesn't work, and yet it worked?

  65. Dying? No. Suing? Haven't heard of it. by tepples · · Score: 1

    If the binary code of the kernel of one of the *BSD systems showed striking similarities to the binary code of Linux, then there would most likely already have been lawsuits between one of the companies selling *BSD support and one of the companies selling Linux support.

    1. Re:Dying? No. Suing? Haven't heard of it. by martin-boundary · · Score: 1

      Did I misunderstand your original point? I thought you were arguing that once Busybox is replaced, then Sony could distribute modified Linux code without showing source, just by *claiming* that it's all BSD, and thus having no obligation to actually back that claim up.

  66. Sigh and again with the bad summaries. by LWATCDR · · Score: 5, Informative

    Sony is not doing this project the summary was wrong. From the FAQ on the project.

    "Q. Tim Bird, the proposer of this project, works for Sony. Is this a Sony project?
    A. No. Although Tim is employed by Sony, he spends a portion of his employed time working on behalf of the embedded industry to improve Linux and encourage GPL compliance. As of February 2, 2012, Sony has not endorsed or agreed to support this project. This wiki page is for gathering information and project description information, to present to various companies to solicit support and resources for the project."

    It reason is that it seems that the authors of BusyBox are very willing to go after companies and sometimes ask for remedies outside the scope of compliance with the GPL. At least that is what they are claiming.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  67. Re:It depends on whom the client of GPL software i by onefriedrice · · Score: 1

    ... but you could show more flexibility towards OSS projects by dual-licensing under GPLv2 and GPLv3.

    I don't really share that concern. The GPL has been the major obstacle in most open source license incompatibilities long before GPLv3 came out. Most people need to look at this fairly complicated reference table in order to figure out the compatibility issues the GPL has with itself, saying nothing of the issues it has with other open source licenses. If GNU really likes the GPLv3, I say let them have it. After all, look what it's given us in just this one case: LLVM! I've appreciated GCC for a long time, but maybe competition within the open source universe isn't so bad.

    --
    This author takes full ownership and responsibility for the unpopular opinions outlined above.
  68. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    I don't see how lawsuits between massive companies, generally all making huge money, proves anything about MAD. It's sorta expected, which is why we have the courts. You may find the system distasteful but that just means that like many nerds, you have a hard time conceiving of a world where your opinions aren't subjectively correct.

  69. I was talking about dropping Linux entirely by tepples · · Score: 1

    I was arguing that if Sony wanted to not have GPL obligations extend to its future products, Sony could switch those products away from the Linux platform in favor of one of the BSDs. Apple did this, building its Mac OS X and iOS platforms around bits and pieces of FreeBSD on top of Mach.

  70. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    I've been in "the real world" for over five decades, and I still live by the golden rule, and always will.

    In short-term interactions, the "nice guy" is often seen as a pushover, and indeed I think I've lost out on getting credit, etc. in circumstances like that.

    In long-term (>10 years) interactions, "niceness" (combined with honesty, integrity, and most importantly ability) has *always* paid off.

  71. Double standards by Anonymous Coward · · Score: 0

    So it's OK for Free Software proponents to call for developers to duplicate functionality of just about anything as long as it goes under the GPL, just not for Sony to do the same when a BSD license is the result?

    The difference seems to be purely ideological but the hypocrisy is obvious.

  72. ATi and nVidia can circumnavigate code disclosure by Anonymous Coward · · Score: 0

    ..so why can't Sony? They're selling a device for which they develop the firmware, meaning they can control the kernel version, module versions, etc etc. Why don't they include their proprietary stuff as a binary blob, the way Google provides Gmail, Talk, etc to users of Cyanogenmod? We're talking user experience type stuff, not device drivers (I guess, could be wrong).

  73. laches? by Anonymous Coward · · Score: 0

    if someone hasn't enforced their copyrights so far, it gets harder to enforce them in the future.

  74. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    and million dollar fines are gonna irradiate earth how? No, disagree, if hughe companies get their arses whipped in same way they own everyone - will do only good.

  75. Re:as far as copyright law allows by root_42 · · Score: 1

    I am not quite sure if it would work in all cases. One certain example comes to mind, where it might not have worked. This example I won't mention, for Godwin's sake. But some opponents are just too suicidal to be coerced into non-aggressive behaviour in a MAD setting.

    --
    [--- PGP key and more on http://www.root42.de ---]
  76. Don't be silly. by rdebath · · Score: 1

    Don't be silly. Putting stuff under the GPL is the closest thing to abolishing copyright that you (as an individual) can do. It gives out your code in a public domain equivalent and makes sure that nobody can slap their own copyright onto it. It's been described as judo against the copyright system.

    No contradiction.

  77. Agreed by Anonymous Coward · · Score: 0

    I was wondering how long it would take before someone pointed out the obvious which is that using a BSD is probably the best idea for the platform. After all, if you need to write a board support package in the first place, the fact is, the BSD code base is actually in many ways easier than the Linux code base. I know this from personal experience.

    BusyBox itself is just a highly annoying, though extremely compact jumble of the command line utilities. Rewriting BusyBox is just not that big of a task, but there's not real benefit to it since BSD contains pretty much everything BusyBox provides, though in separate and often more manageable files.

    I personally would say that if anything, a good reason to rewrite BusyBox should be more about code manageability than licensing. I've worked a little on the BusyBox code and frankly, while it's not nearly as ugly as the crap Stallman writes, it's pretty ugly.

  78. SE != Sony (It was for the best briefly) by Anonymous Coward · · Score: 0

    Didn't take long for the usual Sony tricks to start.

    (As soon as the moderating Ericsson influence was gone then everything else was lost).

    SE were the second biggest AOSP contributor.

    I think its fairly certain before long everything will be locked back down again and Sony will do exactly 0 of any use anymore.

    Very glad I didn't get a Sony Tablet S (Do have a Sony Ericsson Xperia Play).

  79. Re:as far as copyright law allows by Sigg3.net · · Score: 1

    MAD is redundant compared to MAnon-D. The former presupposes will to die, the latter the will to live.

    People who support MAD usually think as Thomas Hobbes; every man's warre against every man.
    Thomas Hobbes presupposed a Newtonian model of man that is wholly incorrect with THE FACTS.

    If you want to use the Cold War as a standard of man's "natural state" go right ahead.

  80. Re:The golden rule works with a tit-for-tat strate by Anonymous Coward · · Score: 0

    Or in English, turnabout is fair play.

    It's not hard to see the problem with "treat others as you wish to be treated." If I were a criminal I would not wish to be punished. Therefore according to the golden rule we should never punish any criminals.

  81. How far to go? All the way, naturally. by Anonymous Coward · · Score: 0

    Letting a perpetrator get away with it is like inviting the next one to do the same.

    Nobody who abuses GPL software does so unknowingly. Including software into any system involves a lot of knowledge and work. I doubt anyone can "overlook" the fact some free software is GPLed. And when including third party stuff into your product, making sure that you are entitled to use it is part of the job, or isn't it?

    On the other hand: settlements are fine, if fair.

    Cheers

    zapyon

  82. Re:as far as copyright law allows by Anne+Thwacks · · Score: 1
    Self defense is so over-rated

    I would stay clear of Ninjas if i were you.

    --
    Sent from my ASR33 using ASCII
  83. It is very easy to write a BusyBox replacement. by Tanuki64 · · Score: 1

    A few lines of code are all that is needed. Let's call this replacement 'ScumBox'. ScumBox just needs to be a barely working dummy, so that scum always can claim: 'We are not using BusyBox, this is ScumBox, which we adjusted to our needs'.

  84. estoppel defense by lkcl · · Score: 1

    the problem with _not_ enforcing GPL compliance is that if it goes on for long enough, companies may legitimately claim an "estoppel" defense, which summaries as "well you haven't bothered up until now, therefore you must not be bothered at all, go away". this is an *acceptable* legal defense, and it means that, by not enforcing Copyright, people are *losing* the right to that Copyright. that includes Google as much as anyone else, and the reason why i am singling them out is because a senior member of staff within Google specifically told me, when i pointed out the rampant GPL violations of the linux kernel source code inside Android, that "Google is not the world's GPL Cop".

  85. And there's no way two lines can be essential by Anonymous Coward · · Score: 1

    And there's no way two lines can be so essential that you can't write your own.

    Unless they're so unique and apposite that they're not two lines. They're the core of the program and your derivative cannot work without them.

    1. Re:And there's no way two lines can be essential by Anonymous Coward · · Score: 0

      Or those two lines are calls into some shared library under GPL. Argumentum ad absurdum to the previous poster.

  86. When you're shipping tens of millions of units by brokeninside · · Score: 1

    If you can shave ten cents off the cost of your widget by using a slightly smaller memory module, you've just saved a million bucks.

  87. Re:as far as copyright law allows by Migraineman · · Score: 1

    Thank you. What are the terms for licensing this philosophical gem? (that's important, because you can claim copyright on this phrase for the next 130 or so years.)

  88. Re:as far as copyright law allows by Anonymous Coward · · Score: 0

    I am not quite sure if it would work in all cases. One certain example comes to mind, where it might not have worked. This example I won't mention, for Godwin's sake. But some opponents are just too suicidal to be coerced into non-aggressive behaviour in a MAD setting.

    The strategy against suicidal opponents is to grant them their wish before they attack you. Making it known that you're willing to die if it means destroying the enemy is justification for a first strike against you.

  89. Re:The golden rule works with a tit-for-tat strate by Rary · · Score: 1

    Except that's not at all what the "golden rule" means. It means that you treat people the way you want them to treat you, regardless how they actually have treated you. In other words, what you're saying is, "the golden rule can work, as long as you don't always follow it".

    "The sage has no interest of his own, but takes the interests of the people as his own. He is kind to the kind; he is also kind to the unkind: for Virtue is kind. He is faithful to the faithful; he is also faithful to the unfaithful: for Virtue is faithful." —Lao Tzu

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  90. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  91. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  92. Re:as far as copyright law allows by DM9290 · · Score: 1

    GPL - my stuff must remain free for everyone to use, modify and distribute AND all your stuff that has touched my stuff is now part of my stuff and must remain free for everyone to use, modify and distribute.

    That's exactly how copyright is designed to work. If you copy someone's stuff, then they have partial or perhaps even total ownership of your copy.

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
  93. Re:as far as copyright law allows by s73v3r · · Score: 1

    Turnabout is fair play. If they're willing to do it to us, perhaps they should be made to feel the same pain.

  94. Re:as far as copyright law allows by s73v3r · · Score: 1

    WRONG. Just plain fucking WRONG.

    Only if your stuff is actually a derivative work of the GPL stuff, and you are distributing it, does that come into play. If you don't want to abide by my terms, don't use my code. End of story.

  95. Re:Passover lamb by HomelessInLaJolla · · Score: 1

    Well, how is a person supposed to react if they knew that they were going to be excruciatingly branded and slathered in hot metal (Imhotep in The Mummy is not covered in mechanical flesh-eating scorpion-beatles... that is boiling mercury-gold-silver amalgam)? Isaac Passover Coat. Roasted whole, do not harm the boy. We keep a map simlar to that Da Vinci "roll roll roll your boat" from Hackers.

    Incidentally, the opening scene for War Games includes a reference to the lady in the red dress from The Matrix.

    --
    the NPG electrode was replaced with carbon blac
  96. Re:The golden rule works with a tit-for-tat strate by s73v3r · · Score: 1

    Except you need to go further back. If I was a criminal, I wouldn't want crimes committed against me. Therefore, according to the golden rule, I shouldn't be a criminal.

  97. Re:as far as copyright law allows by mcgrew · · Score: 1

    Treat the industry as you want to be treated.

    I applaud your Christianity, but these are not people, they'r soulless machines. Corporations. They are only after money, and the people who run them worship that money, probably more than you worship God. When Jesus said to treat others how you want to be treated, I don't think he was referring to treating Satan as you would want to be treated.

    A corporation is no more a "person" than your car is, no matter what the Supreme Court says. Feel free do do any damage you wish, unless, of course, it harms real people.

  98. Re:as far as copyright law allows by mcgrew · · Score: 1

    "Leave it to a stupid wop to bring a knife to a gunfight" -- Jim Malone (Sean Connery), The Untouchables

  99. Re:The golden rule works with a tit-for-tat strate by mcgrew · · Score: 1

    But that's NOT the golden rule. The golden rule doesn't say treat people how they treat you, or be nice as long as everyone else is. The rule is that you treat people like you would like to be treated because you're suppose to love your neighbor as much as you love yourself, even if your neighbor is the world's biggest asshole.

    If you treat an asshole like he treats you, then you're an asshole, too. You're not going to turn many assholes into non-assholes, period, but you certainly wo't get them to stop assholish behavior by being one. Fighting fire with fire only results in a huge fire; you need water, not gasoline.

    And besides, everybody is an asshole some time or another. But some people are born sociopaths, nothing will change them. The trick is avoiding them completely.

    The whole philosophy is, unhappily, the antithesis of America. Blessed are the meek? Yeah. Blessed are the poor??? (banker laughs his ass off). If someone sues you for your cloak, give him your coat as well? Sure, uh huh. In America? LOL!

    Someone yesterday said Christians are weird. He's right, we are.

  100. User Hacking the product by tomuo · · Score: 1

    Absolutely correct. There will also be users who start down the path of loading modified software into the product they bought, screw it up and then complain loudly to the manufacturer that it's broken. Unlike the "I hit it with a hammer" case, its never going to be obvious that the user is the one who willfully bricked the device, so the manufacturer is going to end up replacing it every time. This is a huge drain on profits, so Sony is making the business decision to prevent this happening. Sound decision, I'd do the same.

  101. Re:The golden rule works with a tit-for-tat strate by turing_m · · Score: 1

    But that's NOT the golden rule. The golden rule doesn't say treat people how they treat you, or be nice as long as everyone else is. The rule is that you treat people like you would like to be treated because you're suppose to love your neighbor as much as you love yourself, even if your neighbor is the world's biggest asshole.

    The golden rule is a concept that is in pretty much every religion or culture. At its heart is the concept of reciprocity, which is just another way of saying "tit for tat". Naturally this should be the case, since in the iterated social interactions between citizens that are common to every society it is only natural that the different game playing strategies emerge. It is also only natural that different thinkers in different societies give them a name, and especially the one that is necessary and to be encouraged for a functioning society.

    http://en.wikipedia.org/wiki/The_Golden_Rule

    As far as Christianity is referred, I was using the "Do unto others as you would have them do unto you" version of the golden rule. And unless one is of the opinion that one's own evil deeds should escape punishment, then getting vengeance is compatible with the golden rule.

    If you treat an asshole like he treats you, then you're an asshole, too. You're not going to turn many assholes into non-assholes, period, but you certainly wo't get them to stop assholish behavior by being one. Fighting fire with fire only results in a huge fire; you need water, not gasoline.

    The goal is not to turn assholes into non-assholes. It's to punish them and to set an example to other would-be assholes - do they want the carrot or the stick?

    And besides, everybody is an asshole some time or another.

    Mostly true. Then often when that happens karma will catch up with you in the form of others teaching you a lesson.

    The whole philosophy is, unhappily, the antithesis of America. Blessed are the meek? Yeah. Blessed are the poor??? (banker laughs his ass off). If someone sues you for your cloak, give him your coat as well? Sure, uh huh. In America? LOL!

    This was the interpretation of Christianity I had in my youth, the doormat version of Christianity. This was one of the reasons I decided it was not for me. However, to get a correct assessment I would probably have to study everything as an adult and come to my own conclusions. Realistically Christians and Christian nations have embarked on campaigns of retaliation. Personally I don't think a society of doormats is a noble or good thing. But I view the bible as an imperfect product of many different men, so I am not surprised that practically speaking it has to be "hacked" to be followed properly, if at all.

    --
    If I have seen further it is by stealing the Intellectual Property of giants.
  102. Re:The golden rule works with a tit-for-tat strate by turing_m · · Score: 1

    If you look at the wikipedia list of all the different conceptions of the golden rule, I'm sure you will find one that is consistent with my interpretation.

    http://en.wikipedia.org/wiki/The_Golden_Rule

    If you want to obey a primitive version of the golden rule that says you should behave the same way to all people, then go ahead. Go ahead and get screwed by all the sociopaths in life if that is your wont.

    Personally, I follow something like this:
    1. Don't get screwed, by anyone.
    2. Be nice to others, starting in small amounts and then gradually increasing as they reciprocate.
    3. But note their behavior - are they attempting to con you? If so, avoid. See rule 1.
    4. If someone attempts to screw you for a small amount, write it off. Part of the point of rule 2. is to make the amount that you would be screwed by so minuscule that it's not worth someone's time and effort to do so.
    5. If someone screws you for a non-trivial amount, get justice.

    If I meet others following the same policy, I will build up good friendships and relationships with people I can trust. I am more than happy to "be done by" anyone following these rules as it will lead to the sort of reliable relationships with others I seek, along with filtering out everyone I don't want to deal with.

    A note to the pedantic - rule 1. does not include acts of charity, and general duties to one's own family. Looking after your wife and family as a provider is not "getting screwed". It's doing your job.

    --
    If I have seen further it is by stealing the Intellectual Property of giants.
  103. Re:as far as copyright law allows by Jaxoreth · · Score: 1

    For a massive example of MAD failing, take a look at the patent lawsuits between Apple/Google/Samsung/Nokia etc.

    Lawsuits don't necessarily amount to mutually assured destruction for large companies, so it's not a failure of MAD.

    It's a case of iterated Prisoner's Dilemma. Usually, companies will cross-license each other's patents, since cooperating is cheaper than suing each other. But if, say, Apple believes the expected damages from an infringement suit against Google (minus the cost in PR and legal expense) outweigh the benefits of peaceful coexistence, then it makes sense (from their perspective) to sue.

    --
    In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
  104. Re:The golden rule works with a tit-for-tat strate by mcgrew · · Score: 1

    And unless one is of the opinion that one's own evil deeds should escape punishment, then getting vengeance is compatible with the golden rule.

    Ah, but escaping one's own evil deeds is the bedrock of Christianity. Your sins are forgiven, paid in blood by the world's only innocent man. How can you be forgiven if you refuse to forgive others? That is the difference between Christianity and all other religions.

    The goal is not to turn assholes into non-assholes. It's to punish them and to set an example to other would-be assholes - do they want the carrot or the stick?

    You can't change people. Assholes will be assholes and there's nothing you or I can do about it. There's no cure for sociopathy.

    This was the interpretation of Christianity I had in my youth, the doormat version of Christianity. This was one of the reasons I decided it was not for me. However, to get a correct assessment I would probably have to study everything as an adult and come to my own conclusions.

    Studying it as an adult is logical. And rather than being a doormat, you just say "no". Ripped me off? Not getting back in the house again. Didn't pay back the money I loaned? Don't ask for more. Reward good deeds, forgive evil deeds but don't let the evil be rewrded. It isn't easy and nobody can do it well.