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Open Source Project Licenses Trending Toward Open Rather than Free

bonch writes "An analysis of software licenses shows usage of GPL and other copyleft licenses declining at an accelerating rate. In their place, developers are choosing permissive licenses such as BSD, MIT, and ASL. One theory for the decline is that GPL usage was primarily driven by vendor-led projects, and with the shift to community-led projects, permissive licenses are becoming more common."

369 comments

  1. Misleading headline by Chrisq · · Score: 5, Insightful

    "Open Rather than Free" implies that there is some charge. Both licenses are "free" in terms of you can use the software without paying. The difference is that any works derived or using GPL type licenses also have to be released on the same license. Whether this is more or less open depends on your point of view.

    1. Re:Misleading headline by Nursie · · Score: 5, Informative

      It's also a misleading summary and article.

      The proportion of open source projects using the GPL, LGPL and AGPL is declining, not the absolute number of projects.

      *GPL may not actually be in decline at all, the article doesn't say, it just says that it's falling as a proportion. This information is pretty worthless on its own.

    2. Re:Misleading headline by Moldiver · · Score: 2

      It's not about more open - it's about more freedom.

    3. Re:Misleading headline by Neil_Brown · · Score: 1

      Misleading... "Open Rather than Free" implies that there is some charge.

      I'm not sure it's misleading at all — Free software and open source software are simply terms of art. "Open" no more means that it is supplied at a cost than "Free" refers to price.

    4. Re:Misleading headline by Anonymous Coward · · Score: 0, Flamebait

      Perhaps you've missed the "free as in free speech, not as in free beer" train. You should look into OSI vs FSF. It would spare the moderators to do some research before posting.

      GPL is viral so it will always tend to spread unless people duplicate the projects with other license terms. And with so much money in the corporate world, I guess that's what's happening - new [duplicating] projects adopting more convenient terms for making profit. Still, I'm happier this way than having to put up with binaries.

    5. Re:Misleading headline by w.hamra1987 · · Score: 3, Insightful

      well, technically... GPL cant decline unless a project is taken offline, the license doesn't permit the project to get another non-free license after it gets GPL'ed

      --
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    6. Re:Misleading headline by Anonymous Coward · · Score: 0

      It is ridiculous how the GPL people are trying to whitewash the terms of the license. The GPL certainly has its benefits, but it is counter productive to distort the term free to use in along with GPL. The GPL is most certainly "free" as in free of cost, free of obligation to release code and other terms of the GPL license.

      Any non lawyer person would see that the BSD like licenses are most certainly free-er compared to GPL. The maintainers of the license should change the wording from free as in free-beer to free of cost but compulsorily open source.

    7. Re:Misleading headline by djmurdoch · · Score: 5, Informative

      If you're speaking "technically", you're wrong. If I release a project under GPL, I can release it under any other license I like later.

      The only time I am tied to GPL is if I choose to incorporate someone else's work into my project, and they don't want to change licenses.

      So on a big project with lots of copyright holders, it is nearly impossible to switch to a more permissive license, but that's because it's so hard to get a big group of people to agree, not because the GPL doesn't allow it.

    8. Re:Misleading headline by Anonymous Coward · · Score: 0

      It is ridiculous how the GPL people are trying to whitewash the terms of the license. The GPL certainly has its benefits, but it is counter productive to distort the term free to use in along with GPL. The GPL is most certainly "free" as in free of cost, free of obligation to release code and other terms of the GPL license.

      Any non lawyer person would see that the BSD like licenses are most certainly free-er compared to GPL. The maintainers of the license should change the wording from free as in free-beer to free of cost but compulsorily open source.

      The free of obligation was meant to read as not free of obligation.

    9. Re:Misleading headline by miknix · · Score: 5, Informative

      From TFA:

      That was the conclusion of Matthew Aslett's analysis of recent data from Black Duck Software

      Do we even need to say anything else?

      http://techrights.org/wiki/index.php/Black_Duck

    10. Re:Misleading headline by Anonymous Coward · · Score: 0

      saying "well technically" at the beginning of a statement is just plain silly, it doesn't make it either more technical or more correct.

      The original author, ie the owner of the copyright is perfectly at liberty to change the license to non free license anytime they choose even after they GPL it. Of course the code to that point remains under the GPL but the entire codebase can be released under any license the author chooses at anytime or even both GPL and non-GPL'd at the same time.

    11. Re:Misleading headline by Anonymous Coward · · Score: 0

      > "Open Rather than Free" implies that there is some charge.

      Is it so? Being a non-native speaker, I wonder what is the correct way to say GPL allows for increased freedom than a typical open-source license.

      In my limited comprehension, the title is accurate -- but the English language is ambiguous. Maybe it's time to coin a new word to convey the meaning of free as in having freedom? Or start using non-paid or gratis and stop using free for things that don't not cost anything?

      > The difference is that any works derived or using GPL type licenses also have to be released on the same license. Whether this is more or less open depends on your point of view.

      No, it's not dependent on anyone's point of view. It's less open, because it gives one less freedom (the freedom to take ownership) and maintains the freedoms of the ones up in the chain of copying, so GPL contributes to more freedom for the needier. After years of RMS explaining this, there cannot be any doubt. One may prefer one or another for one's own purposes, but things are crystal clear.

      Also, the widening of the gap between Free software and open source is great thing, if not intended. If one likes open, that's great (or at least better than proprietary)... but some will not settle for less than a long lasting Freedom, so they demand the GPL.

      Finally, any analysis based on percentages or rates is of limited validity. This is rather obvious, but since some people here are still graduating this might be worth pointing out...

    12. Re:Misleading headline by Bill_the_Engineer · · Score: 2

      What the article is saying that the GPL license marketshare is in decline, while the other less restrictive opens source licenses' marketshare is on the rise.

      In other words, a large number of new open source projects are not choosing to use GPL licensing. While technically the number of GPL projects are not declining, their future relevancy (as far as the general computing community is concerned) is falling.

      Since the goal of most GPL projects are to "scratch a particular itch" and not to be the most popular solution, I don't see this as something that a GPL project should be concerned with. Yet I do see this as a wake up call to GNU, since their goal is to remain a relevant force in community software.

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    13. Re:Misleading headline by Bill_the_Engineer · · Score: 4, Informative

      If I release a project under GPL, I can create a non-GPL license fork later.

      FTFY

      You can choose to change your license on new code. However the code that is already release will remain GPL and can continue under someone else's leadership.

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    14. Re:Misleading headline by zidium · · Score: 0

      Very poor ad hominem you got going there.

      When you can't find facts, attack character!

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    15. Re:Misleading headline by TheRaven64 · · Score: 1

      It's misleading because the neither the Free Software Foundation's list of four freedoms required for something to be Free Software, nor the Open Source Definition requires something to be copyleft. I think there are some corner cases where something can be covered by one definition but not the other, but I've never seen one in the wild: projects tend to be either proprietary or both free software and open source. What the title meant was that open source project licenses are tending towards permissive, rather than copyleft.

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    16. Re:Misleading headline by Anonymous Coward · · Score: 2, Insightful

      GPL is viral so it will always tend to spread unless people duplicate the projects with other license terms

      GPL is not viral. It can't "infect" code that isn't derived from GPL'd code. That makes it heredity, not viral.

    17. Re:Misleading headline by sribe · · Score: 4, Informative

      The difference is that any works derived or using GPL type licenses also have to be released on the same license.

      Correction: may only be distributed under the same license. Please don't accidentally be Steve Ballmer's mouthpiece by spreading subtly misleading information about the GPL.

    18. Re:Misleading headline by drinkypoo · · Score: 1

      "Open Rather than Free" implies that there is some charge.

      No, no it doesn't.

      You can be charged for either Open or Free software.

      The difference is what you can do with the source code afterwards.

      Unfortunately, while nerds are friendly to case-sensitivity and have nominally accepted Free to mean "Free Software" and "free" to mean "free as in I hand you a beer and it's your beer" this does not come through in the headline.

      Essentially, you are therefore complaining about the term "Free Software" (which is the correct term) and not about the headline, which simply uses the correct term. That's a valid complaint, but Slashdot is simply the messenger, conveying their message appropriately in the language of choice.

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    19. Re:Misleading headline by Anonymous Coward · · Score: 3, Interesting

      Not necessarily true. The case law with respect to this is highly lacking. Your stance is what the FSF wants to believe, not necessarily what would be the case if this had more firm case law rulings.

    20. Re:Misleading headline by Bill_the_Engineer · · Score: 3, Insightful

      The case law with respect to this is highly lacking.

      I am not a lawyer, however:

      So you base your doubt on the lack of court cases involving forked projects? The lack of case law could be attributed to the contract agreement between the original author and the code users of the GPL version. The original developer convincing the court that the contract is null and void seems like a large obstacle to pass. Especially when the defendant is being accused to upholding their end of the written agreement, and I don't see a revocation clause within the GPL agreement.

      The original author is free to make his new code more restrictive, however people who continue to use the code that was originally licensed as GPL has a contractual agreement that they are free to continue to make modifications of said code as long as they make a credible effort to send the changes back to the original developer.

      The irony being that the submitted changes are copyrighted by the submitter and that code can not be added to the now non-GPL code of the original author.

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    21. Re:Misleading headline by w.hamra1987 · · Score: 1

      indeed, and that's my point

      the code is still out there somewhere, someone has a copy of it, the copy has a license file saying it's GPL'ed, and it can continue with the GPL, and original author can't force them to switch license regardless of what he did to his copy of code

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    22. Re:Misleading headline by wiredlogic · · Score: 1

      You missed the Free with a capital 'F'. It's the geek code for freedom rather than free beer.

      --
      I am becoming gerund, destroyer of verbs.
    23. Re:Misleading headline by Courageous · · Score: 2

      I don't think you need to read case law to know that once you've granted someone a license, you can't simply take it away.

      This remark was silly.

    24. Re:Misleading headline by KiloByte · · Score: 5, Informative

      The proportion of GPL is "declining" fast -- from 71% in 2005 to 93% in 2011 (source). That's if you disregard fart apps and look only at software good enough for someone to package it for Debian. This does discriminate against some Mac/iOS-only stuff, but not by much as anything useful enough and freely licensed will probably have someone port it.

      Also, this is the same Apple shill posting the very same data on Slashdot for the third time.

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    25. Re:Misleading headline by Teancum · · Score: 1

      So on a big project with lots of copyright holders, it is nearly impossible to switch to a more permissive license, but that's because it's so hard to get a big group of people to agree, not because the GPL doesn't allow it.

      You could also go the route that the Wikimedia Foundation took for such a dilemma: Convince Richard Stallman that the license is worthless and put in an "escape clause" that allows a project to switch licenses through a rewrite of the next version of the GPL.

      The fact that such a tactic was even permitted for the GFDL should give pause to anybody working with licenses produced by the Free Software Foundation. I admit that in the case of the Wikimedia Foundation they switched from the GFDL to a roughly similar license in the form of CC-by-SA, but it was a license change.

    26. Re:Misleading headline by king+neckbeard · · Score: 2

      No, the license applies to derivative code, which is exactly how copyright always works, regardless of the license you use.

      Anyway, GPL , BSDL, ASL, and MITL are all licenses that are both 'free' and 'open', so at least the summary is horribly misguided.

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    27. Re:Misleading headline by allo · · Score: 1

      wrong. all the authors together can agree to another additional license. Then one of them adds a patch which is only licensed under the new license, and then the current state of the project has only the new license.

    28. Re:Misleading headline by allo · · Score: 1

      interesting point. lets assume, nobody "licensed" my work while it was available as gpl, and then i decide to only distribute it under another license. Can somebody say "hey, it were gpl some time ago"?

      when i offer my pictures under some conditions, and change the conditions when i notice noone is buying them with the old conditions, you could not insist on buying them under the old conditions.

      And the GPL is only effective, when somebody redistributes the work. So a simple user is not enough, when he's not distributiong the work, because the gpl does not cover usage but distribution.

      But i think, most courts would rule in a way, which is intended by the FSF, because its clear what the GPL should do.

    29. Re:Misleading headline by larry+bagina · · Score: 1

      It is viral, yes, but you need to intentionally infect yourself. Lets sat you go out on a Saturday night and meet a girl (or guy or lady boy, whatever), and s?he says "I have herpes. Let's fuck!" If you already have herpes, no problem! If you don't have it and don't want, find some other way to pleasure yourself.

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    30. Re:Misleading headline by Teancum · · Score: 2, Insightful

      GPL is viral so it will always tend to spread unless people duplicate the projects with other license terms

      GPL is not viral. It can't "infect" code that isn't derived from GPL'd code. That makes it heredity, not viral.

      The GPL is considered viral because mixing GPL'd code with more permissively licensed software pretty much makes the combined work GPL-only. In other words, once you've introduced GPL'd software into the project, the whole project becomes de facto GPL even if technically you can pull that GPL'd software out. GPL'd plug-ins might not be so bad, but if it is a critical feature covered by the GPL'd software, you might as well re-license the whole project under the GPL.

      Copyright lawyers really have a heartburn over GPL'd software, in part because they are used to other proprietary NDAs and licensing models where they get paranoid about software developers who even look at GPL'd software. In theory and based upon legal precedence for proprietary software, if you have looked at GPL'd software in some detail to understand how it works, it is possible for that software to even be inadvertently introduced into other software produced by that developer. That makes software developers who have contributed to open source projects to be considered as "tainted" by some software studios.

    31. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      That potentially depends on how you granted the licence, and probably on what jurisdiction you are in as well.

      Asking these questions is not silly at all if you're going to be on the wrong end of any adverse legal consequences. It's clear from some of the comments here that some people automatically believe the FSF's interpretation, even though they have never personally talked to a lawyer to understand how copyright, licensing, contracts, deeds and so on actually work in law.

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    32. Re:Misleading headline by jedidiah · · Score: 4, Insightful

      If you don't mix things at the source level, there's no reason to ever have heartburn. If you do, then you should be getting heartburn regardless of what licenses are involved because it's just an inherently messy situation period.

      Beyond that, there really is no problem. Atlhough some people like to lie about the situation to suit their particular agenda.

      Some fanboy trying to distract from the fact that Apple is openly hostile to Free Software being a good example.

      Unless you're not interested in treating other people's stuff as your own private personal property, there's really no problem.

      --
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    33. Re:Misleading headline by Just+Some+Guy · · Score: 4, Insightful

      It's not ad hominem to point out an entity's likely biases when they release a report conveniently supporting those biases. For instance, you can safely ignore anything ever written by Florian Mueller, Dan Lyons, or Maureen O'Gara about Linux and "intellectual property", because each of them have clearly demonstrated anti-Linux sentiments.

      "Ad hominem" is "don't listen to him because he looks and smells funny". It's not "don't listen to him because he has a history of saying exactly this and being wrong about it".

      --
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    34. Re:Misleading headline by Courageous · · Score: 1

      What you mean is that you have a musing that there might be some theoretical line of attack. This is true in all legal matters, to one degree or another, even to a degree on settled constitutional matters. This does not contribute to the conversation at all.

      And while you are quite right about the number of people who haven't spoken to a lawyer about these matters, you will also find plenty of graybeard technical folks who indeed have done so, and many times.

    35. Re:Misleading headline by Anonymous Coward · · Score: 0

      "Ad hominem" is "don't listen to him because he looks and smells funny". It's not "don't listen to him because he has a history of saying exactly this and being wrong about it".

      In logic, ad hominem is arguments of the form "X says Y" and "X has flaws" and then concluding "Y is false". Bad characteristics of a person are not transferred to things they say, which is why ad hominem is a fallacy. Otherwise you could make anything false just by finding a sufficiently odious person to say it, which is obviously not right. Technically, saying not to listen to someone is distinct from saying that their arguments are false, so in the limited logical sense of ad hominem, even saying "don't listen to him because he looks and smells funny" is not ad hominem.

      A more real-world notion of ad hominem is that it is an attempt to prevent the other party from making their case in a fair way by changing the subject to talking about the negative personal characteristics of the other person in cases where the other person's argument is not based on personal characteristics of the other person. That applies to both "don't listen to him because he looks and smells funny" and "don't listen to him because he has a history of saying exactly this and being wrong about it". The constructive thing to say is "what, if anything, makes this prediction different from past failed predictions?"

    36. Re:Misleading headline by Anonymous Coward · · Score: 0

      You can still blame the evil white colonialists from 100 years ago. Kind of like Obama still blaming Bush.

      Rightfully so. Both men will have been out of office for MANY years before the damage GW did to America could possibly be repaired.

    37. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      If those graybeards you mentioned had spoken to a real lawyer, they would surely appreciate basic legal concepts like a contract requiring consideration in both directions, and a deed that can operate without such consideration usually having much more stringent requirements than a quick LICENCE file.

      Given that merely taking a GPL'd work and using it or redistributing it yourself does not clearly offer any consideration back to the copyright holder, and that a quick LICENCE file is all you get with many projects, I think the concern here is much more than merely a "theoretical line of attack". There is a fundamental question of law as to whether there is any sort of binding agreement there at all.

      That being the case, it is entirely fair for someone to question whether a GPL licence can subsequently be revoked in at least some cases, particularly if one is relying on something in that GPL licence and would otherwise be on the hook for breaking the law in some way.

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    38. Re:Misleading headline by lgw · · Score: 1

      I don't think you need to read case law to know that once you've granted someone a license, you can't simply take it away.

      This remark was silly.

      IANAL, but there is no requirement anywhere for the law to make sense to the layman (or even to the lawman). If you read the license agreements that authors sign with publishers, they are usually explicit about the duration of the license and the markets/locations to which the license applies. I'm guessing this is because, if you don't make it explicit, it might be interpreted in a way you don't like.

      However, the GPL tries to be very clear about duration.

      All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met.

      Is that wording good enough? Only precedant will say for sure.

      And I don't see anything describing where this license applies. For books, even ebooks, the contract with the publisher spells out where the book can be published (and it's illegal for a third party to resell books across these boarders). How much sense does it make to license ebook distribution by country? Even so, that's how it works. As the GPL seems to be lacking a "throughout the known universe" clause, a judge might rule that it only applies in one country, or something equally "silly", unless there's clear precedant to the contrary.

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    39. Re:Misleading headline by Anonymous Coward · · Score: 0

      This isn't ad hominem, try college classes again.

    40. Re:Misleading headline by lgw · · Score: 0

      What's your beef with Black Duck? I've used it before to help find any open source code that someone might have snuck into a large code base as his own work, and ensure we were legal despite the occasional irresponsible dev.

      It's a useful tool to help deal with an awkward problem.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    41. Re:Misleading headline by ArsonSmith · · Score: 2

      Yea, reading the summery I immediately thought the Open vs Free intro was described the opposite in the rest. I envision GPL to guarantees the code remains open, while the others are free to be enslaved. It boils down tho the argument, Is a county more or less free if you have the freedom to enslave others?

      --
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    42. Re:Misleading headline by hydrofix · · Score: 1

      No, GPL is not "open" in the same sense that people in the IT industry use the word "open". When we talk about "open" - and really mean it - it implies that anyone can use the specification (say, a piece of computer code), and integrate it as a part of their own products, thus increasing interoperability and furthering technical development of commercial systems.

      GPL on the other hand is anti-corporate, in that it does not allow mixing GPL-licensed code with pre-existing closed-source corporate solutions. It was specifically devised for this purpose by the Free Software Foundation, who have been miserably failing in their relentless idealism to create an exclusively GPL-based software ecosystem for the last three decades.

    43. Re:Misleading headline by Stormwatch · · Score: 1

      Both licenses are "free" in terms of you can use the software without paying. The difference is that any works derived or using GPL type licenses also have to be released on the same license.

      Then you don't get what Free software means. Free is not about price, but freedom. But wait, there's more. It is not about a developer's freedom, or an user's freedom, to do whatever they want. There is one good reason why their freedom can't be unlimited:

      Free is about the code 's freedom.

      Free Software means the code is available to all, any improvements will be available to all, and no one may stop that. "Permissive" licenses allow one the freedom to use the code, do improvements, and not pass them on; essentially, to turn it into proprietary software. Which goes against the spirit and purpose of the Free Software movement.

    44. Re:Misleading headline by Anonymous Coward · · Score: 1

      Actually that excludes a lot of JavaScript/Java/Ruby/etc web stuff that isn't usually managed using DEBs, like say 90% of the stuff on github for example. And every Win32 foss project (there are a few). Also may not include anything Android-related.

    45. Re:Misleading headline by Anonymous Coward · · Score: 1

      Actually, appeal to motive is a recognized logical fallacy and a specific case of ad hominem. If you attack anything other than the arguments, you are committing a fallacy.

    46. Re:Misleading headline by djmurdoch · · Score: 1

      You can choose to change your license on new code. However the code that is already release will remain GPL and can continue under someone else's leadership.

      Sure, someone could continue a GPL fork of what has already been released. But I've got no obligation to continue to distribute source code. I'm sure there are lots of small projects where *nobody* has the source but the original author, and in those cases, nobody would be able to fork it without the author's cooperation.

      That's why this "survey" is so useless: they say 56% of projects, but don't define what constitutes a project. I bet most of them have no users at all.

    47. Re:Misleading headline by Anonymous Coward · · Score: 0

      Actually you sometimes have to pay for free software. It's Free as in speech, not necessarily as in beer. (many moons ago on slashdot, you wouldn't have gotten away with that! ;-)

    48. Re:Misleading headline by mrmeval · · Score: 1

      That is generally what is meant by the word fork. All the GPL code is as free as it was. The code under the fork follows a different path.

      If it's created by a team then the entire team would need to sign off on that unless the creator has demanded that as part of allowing the team to contribute. I'd not join a project with such restrictions as an unpaid contributor.

      If it was for a paid position with an employer they'd most likely make me sign something preventing me from being able to disagree with closing the source though I think that's by default with the way the laws are written in the US.

      It would be tedious and expensive to try and prove the dark code was not ripping off the GPL code later.

      --
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    49. Re:Misleading headline by miknix · · Score: 1

      I never used it but they partnership with sourceforge.net for that same purpose:
      http://www.itjungle.com/tlb/tlb080205-story03.html

      I'm not against them on advertising their product but it is just not correct when they do so using FUD tactics:
      http://techrights.org/2009/10/28/black-duck-scare-tactics/

    50. Re:Misleading headline by mysidia · · Score: 1

      So on a big project with lots of copyright holders, it is nearly impossible to switch to a more permissive license, but that's because it's so hard to get a big group of people to agree, not because the GPL doesn't allow it.

      Not necessarily. The maintainer can change the conditions on which the collective work is published.

      The individual contributors granted an implied right to publish, in making their contribution. However, they did not necessarily "tie the maintainer's hands" to the GPL.

      The individual contributors might (or might not) have known what the conditions were that the final work would be distributed under.

      In many cases, they may have signed their rights over, either explicitly or implicitly (for example, by signing a copyright transfer agreement, by being paid for their work by the maintainer, or other means; if their contribution was small enough, and lacking a creative element [e.g. a 1-line bugfix patch], the incorporation of their work might not even be copyrightable).

    51. Re:Misleading headline by Goaway · · Score: 2

      And the BSD-like licenses grant you more freedom, so...

    52. Re:Misleading headline by Hatta · · Score: 1

      No, Open vs Free refers to a specific technical use of the terms. The terms are used correctly in the article.

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    53. Re:Misleading headline by cheesybagel · · Score: 1

      Tell that to the winehq folks.

    54. Re:Misleading headline by arkhan_jg · · Score: 1

      Well there's a dead easy way to avoid your code becoming 'contaminated' by the GPL. Don't leech off other people's code and write your own damn stuff.

      Libraries and other dynamically linked material are usually under the LGPL, so you can avoid reinventing the wheel for low level stuff without risking your own code coming under the GPL or LGPL.

      But what you're complaining about is that commercial coders can leech off of MIT licenced stuff etc, but not GPL code. Which is what the author of the GPL code intended - if you want to take their code, and use it, then you need to share your own improvements back to your customers as source code, and not lock it away where you profit from the author's work without giving anything back.

      Try including someone else's commercially licenced source code in your project sometime without abiding by the licence or paying the fee, and you'll very quickly find out how viral commercial code is at polluting the rest of your code base and making the whole thing liable for civil suit.

      Just because GPL is free monetarily, doesn't mean it doesn't have worth. If the price is too high for you, don't pay it; just as you wouldn't insert commercial licence code in your project without paying.

      Or you know, go to the developer and offer some actual cash. Many developers will be happy to provide you an alternative licenced version of their code that you can use without GPL requirements, if you're willing to pay for it.

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    55. Re:Misleading headline by cheesybagel · · Score: 1

      The GPL has no clause forbidding you to reverse engineer the software.

    56. Re:Misleading headline by multicoregeneral · · Score: 2

      And what's wrong with farting apps?

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    57. Re:Misleading headline by Goaway · · Score: 1

      Yes?

    58. Re:Misleading headline by Hatta · · Score: 1

      "Ad hominem" is "don't listen to him because he looks and smells funny".

      Let's leave Stallman out of this.

      --
      Give me Classic Slashdot or give me death!
    59. Re:Misleading headline by Courageous · · Score: 1

      If those graybeards I mentioned had spoken to a real lawyer,they would surely appreciate basic legal concepts such as whether or not a license and a contract are the same thing. Since this matter is elementary in nature to those who practice law, and is taught in law school, what have we learned here? Ah, I have the answer, and it is all three of the following things: 1) you are not one of the graybeards who's discussed the matter with a real lawyer, and 2) you are not a lawyer, and 3) listening to your uninformed speculations on the matter is not likely to provide me or anyone else with any insight.

      So why go on?

    60. Re:Misleading headline by Courageous · · Score: 1

      As the GPL seems to be lacking a "throughout the known universe" clause, a judge might rule that it only applies in one country, or something equally "silly",...

      This remark may as well apply to any attempt to engage the courts, no matter how settled the case law. It is therefore neither here nor there, don't you think? I think the basic reason that the GPL has stood so solidly is that even the most mercenary, cut-throat, outright malign attorney would not want to argue in court that they did not have a license to use someone else's work. I.e., since any attempt to attack the GPL at best puts the person doing the attacking in the position of being an illegal distributor of someone else's intellectual property, no one in their right mind would ever want to do that. You'd have to argue that the work was put into the public domain to get away with this; and that seems most incredibly unlikely to me.

    61. Re:Misleading headline by Attila+Dimedici · · Score: 1

      The way they phrase they used to express their comment was poor, but they are still somewhat correct. The summary says that "usage" of GPL is declining, that means that there are fewer new projects that are licensed as GPL than there were at some previous point in time and this trend has been happening over time. The fact that GPL now accounts for a smaller percentage of all open source software may indicate that usage of other licenses has increased rather than that usage of GPL has declined.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    62. Re:Misleading headline by shutdown+-p+now · · Score: 2

      The real problem that lawyers have with GPL is not that it's "more viral" or something - after all, proprietary third-party code being used also comes with an EULA. No, the problem is that, with GPL, more often than not there's no single code owner. With proprietary stuff, if you find out that you infringe on their copyrights (e.g. because you licensed it for a specific use and then used it elsewhere), it is dealt with simply by "upgrading" the license, and possibly paying damages - unpleasant, but it doesn't directly affect your product. With GPL, if you end up with some code under it in your codebase somehow (e.g. because you outsourced it to the lowest bidder in China), there's no remedy - you have to GPL the whole thing, or revert it back to the point where it was introduced and carefully rewrite it from there on (and preferably not with the same coders who used GPL code in the first place, as otherwise someone could still argue derivation).

    63. Re:Misleading headline by grcumb · · Score: 1

      The real problem that lawyers have with GPL is not that it's "more viral" or something - after all, proprietary third-party code being used also comes with an EULA. No, the problem is that, with GPL, more often than not there's no single code owner. With proprietary stuff, if you find out that you infringe on their copyrights (e.g. because you licensed it for a specific use and then used it elsewhere), it is dealt with simply by "upgrading" the license, and possibly paying damages - unpleasant, but it doesn't directly affect your product. With GPL, if you end up with some code under it in your codebase somehow (e.g. because you outsourced it to the lowest bidder in China), there's no remedy - you have to GPL the whole thing, or revert it back to the point where it was introduced and carefully rewrite it from there on (and preferably not with the same coders who used GPL code in the first place, as otherwise someone could still argue derivation).

      Clearly these lawyers have never heard of version control systems.

      Okay, somewhat less glibly: I see no significant difference in terms of liability between those two scenarios. I agree that there are differences, but the reasons for wanting sole ownership (or more to the point, wanting to deal with only one copyright holder) are all predicated on the assumption that at some stage you'll want to do something with the code base that the GPL doesn't allow. If not, why would you care at all?

      I'll be the last person to suggest that there aren't reasons to do things the GPL doesn't allow. I've worked on both proprietary and Free software projects professionally, and I understand my employers' rationale for keeping some things out of reach. But that said, I don't think it makes a lot of sense to choose to invest your company in open source software if you intend to reverse course down the road. In other words, what might be considered a rational, safe hedge on future prospects by corporate counsel looks (to me) a lot more like someone hasn't thought things through all the way.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    64. Re:Misleading headline by Darinbob · · Score: 1

      The reasons given in article seem a bit suspicious. The obvious reason to me is that we now have more non-GPL licenses available. Way back when, the GPL was the only widely known license out there that was actively promoted and hyped. There were others but they seemed attached to certain projects or had some other problems. Over time we got more license that were vetted by legal teams and attached to big name projects and advertised more widely. So when creating new projects there are many more licenses to choose from and people can pick what they feel is best for them.

    65. Re:Misleading headline by Anonymous Coward · · Score: 0

      And this is what everybody does with GPL software. It's a minor inconvenience, but it does make all the "Freedom" rhetoric invalid because the GPL code IS being put into proprietary software legally.

      The cost of recoding GPL code is less than the cost of the lawyers to check GPL compliance.

    66. Re:Misleading headline by maccodemonkey · · Score: 1

      Yep, Apple sure is hostile to open software.

      http://www.macosforge.org/
      http://www.webkit.org/ - Oh look! GPL licensed!
      http://opensource.apple.com/
      http://www.cups.org/

    67. Re:Misleading headline by shutdown+-p+now · · Score: 1

      Clearly these lawyers have never heard of version control systems.

      They do. The problem is when you discover that GPL'd code, say, a year after it was introduced. Good luck disentangling everything that you've added or changed since then.

      Okay, somewhat less glibly: I see no significant difference in terms of liability between those two scenarios. I agree that there are differences, but the reasons for wanting sole ownership (or more to the point, wanting to deal with only one copyright holder) are all predicated on the assumption that at some stage you'll want to do something with the code base that the GPL doesn't allow. If not, why would you care at all?

      The usual and obvious reason is that you want to sell the product for money, as is typical of proprietary boxed software.

      I'll be the last person to suggest that there aren't reasons to do things the GPL doesn't allow. I've worked on both proprietary and Free software projects professionally, and I understand my employers' rationale for keeping some things out of reach. But that said, I don't think it makes a lot of sense to choose to invest your company in open source software if you intend to reverse course down the road. In other words, what might be considered a rational, safe hedge on future prospects by corporate counsel looks (to me) a lot more like someone hasn't thought things through all the way.

      Wasn't talking about investing into open source in any way. What happens far more often is that some stuff gets outsourced, and GPL'd code gets inadvertently introduced. Yes, it happens, and every time it does, it makes lawyers more paranoid.

    68. Re:Misleading headline by lgw · · Score: 1

      The context here was the creator changing to a more restrictive license, so he wouldn't be deterred by the point you make.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    69. Re:Misleading headline by lgw · · Score: 1

      I don't even understand the complaints of FUD here. On a project big enough and old enough that you can't be sure what's in your codebade (been there, done that, three times now), you need something to make sure you're legal. Been there and done that for the lawsuits too!

      Because you rarely get the source for commercial libraries, they rarely hide in the mix with normal source code - binary packages pretty reliably land in the 3rd-party area of source control, and the licenses are generally easy to track down if legal gets nervous. For open source, OTOH, you're quite dependent on every single coder in the history of your project having done the right thing with the source, otherwise you need some sort of tool to search your millions of lines of source for the stuff that belongs in the 3rd party area. And once you're found all the third-party suff in your product, it's handy to have a database that maps library to license, when it comes to the less popular packages.

      None of that is FUD, and that doesn't even get into stupid patent trolls who find some vulnerable oepr-souce library and go after even large company who seems like they might be using it in some successful product. Quick - testify under penalty of perjury that your 10 million line codebase doesn't use some obscure open-source package anywhere! Of course, if your developers have all been quite professional, no problem, 2 minutes to check source control for where it belongs.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    70. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 0

      Your continued ad hominem attacks and pseudo-legal arguments are getting tiresome. Perhaps instead of telling the rest of us how silly and wrong we all are, you'd care to share some actual, concrete facts of your own, for the first time in this entire thread? You could start by explaining exactly what, in your opinion, the legal status of a software licence agreement is.

      It will be interesting to see how your version of the legal status of a software licence stacks up against what I've spent a substantial amount of time and money talking to actual lawyers about, over a few years now and in relation to quite a few different projects, before putting forward my "uninformed speculations".

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    71. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      What relevance does any of that have to the question at hand? We're considering under what (if any) circumstances the original creator of a work could revoke an existing licence. The original creator does not have to defend their rights to the code, because they have all the rights by default.

      Also, no-one is "attacking the GPL", because the fundamental question is whether an earlier licence is still applicable at all. This game is over before you even start considering what the licence says, unless perhaps some post that I haven't noticed is making a case that in general a previous licence would remain in effect but that the GPL contains specific provision for termination that is relevant here.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    72. Re:Misleading headline by jo_ham · · Score: 2

      Actually, it is.

      The arguments are what matter, not the person presenting them. Dismissing something out of hand because of the person saying it is by definition, an ad hominem, regardless of their previous history.

      Their prior history may provide a clue that causes you to question any new material they place in front of you, but to say you can "safely ignore anything ever written by X" because "they have clearly demonstrated Y" previously is absolutely an ad hominem.

    73. Re:Misleading headline by Bill_the_Engineer · · Score: 1

      Sure, someone could continue a GPL fork of what has already been released. But I've got no obligation to continue to distribute source code. I'm sure there are lots of small projects where *nobody* has the source but the original author, and in those cases, nobody would be able to fork it without the author's cooperation.

      For someone to make a really good fork of an existing GPL project, they would need a complete set of source code that's capable of producing at least the fork point of the original package. Otherwise, why bother?

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    74. Re:Misleading headline by tlhIngan · · Score: 1

      The proportion of open source projects using the GPL, LGPL and AGPL is declining, not the absolute number of projects.

      I can believe it actually. Since the GPLv3 has come out, I've seen companies actually institute open-source policies that usually involve reviews of license by the legal department.

      And one of them I worked with has explicitly forbade use of GPLv3 software. Basically, if it's GPLv3, it's not allowed at all, and don't even try to get approval for it (this includes purely internal use as well). Be interesting to see about GCC. All the others still require approval - even permissive onesl ike BSD and MIT.

      Heck, it's probably the big reason for the move to Clang/llvm from GCC by more than a few vendors.

      An interesting thing would be to separate GPLv2 from GPLv3 and see the proportional changes there. After all, GPLv2 is still a legal license to use (and can exclude code from being incorporated in GPLv3 by making it v2-only - v2 and v3 are incompatible)

    75. Re:Misleading headline by lister+king+of+smeg · · Score: 1

      webkit is just a fork of KHTML so they were stuck with the licence

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    76. Re:Misleading headline by wisty · · Score: 1

      Would an agreement to distribute all derivative work under the GPL be a form of consideration?

    77. Re:Misleading headline by Anonymous Coward · · Score: 0

      Copyright lawyers really have a heartburn over GPL'd software, in part because they are used to other proprietary NDAs and licensing models where they get paranoid about software developers who even look at GPL'd software. In theory and based upon legal precedence for proprietary software, if you have looked at GPL'd software in some detail to understand how it works, it is possible for that software to even be inadvertently introduced into other software produced by that developer. That makes software developers who have contributed to open source projects to be considered as "tainted" by some software studios.

      It's time for all software developers and programmers to do some really deep thinking about this. "Pristine" codebases and programmers that have been significantly exposed to GPL-ware or proprietary-ware do not mix for the risk to the owner of pristine-base is too great. And it is not only pristine codebases that are imperiled by "encumbered" programmers. Indeed, it would seem, that the more "experience" a programmer has, the less valuable he is if that experience is with GPL-ware or proprietary-ware.

      Programmers and potential programmers beware: choose wisely your forays into "free" code or employment with software companies, for it is more like a marriage than just a romp in the hay. Parents may want to supervise their kids who may be making an unknowing "choice" by getting involved in GPL-ware that will affect their future value as developers.

    78. Re:Misleading headline by smash · · Score: 1

      In other news, the content of a poster-child for "GPL pure Distribution of Linux" is mostly GPL. If I disregard Linux apps and only look at FreeBSD core, those numbers are completely inaccurate.

      What's your point?

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    79. Re:Misleading headline by smash · · Score: 1

      Actually, yes it can and does. There have been cases of GPL developers taking BSD code, modifying and re-licensing it under GPL, and not contributing back to BSD. For those who seem to CLAIM to be about open source code for everyone, that's a pretty big fuck you to BSD licensed projects.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    80. Re:Misleading headline by fatphil · · Score: 1

      Bollocks. It's exactly what the BSD-licenced-projects' authors explicitly wanted to be done with their code. Otherwise they'd have chosen a more sensible licence.

      --
      Also FatPhil on SoylentNews, id 863
    81. Re:Misleading headline by Elrond,+Duke+of+URL · · Score: 1

      Your example is from 2009, yet you make it sound like the GPL is a virus infecting most code out there. Sure it happens, but I don't think it's nearly as big a problem as you seem to. Like you, I am also not overflowing with facts, however there are a number of diligent and skilled people out there who constantly monitor for this sort of problem. And it usually gets reported here, too.

      You didn't say otherwise, but I wanted to make clear that it's not the GPL (or BSD or whatever) license at fault here. The blame lies with lazy and/or dishonest programmers who take code they shouldn't.

      --
      Elrond, Duke of URL
      "This is the most fun I've had without being drenched in the blood of my enemies!"-Sam&Max
    82. Re:Misleading headline by shutdown+-p+now · · Score: 2

      I don't make it sound "like GPL is a virus". I'm simply explaining why legal departments in many proprietary software companies are so paranoid about it - because they can't buy their way out of it if they end up there, which they normally can do with typical proprietary licenses.

    83. Re:Misleading headline by iserlohn · · Score: 1

      On no.... Not this again.....

      Consideration can be in a form of a promise, of value, to the other party.

      When you use a GPLv2 work, you agree to a cerain set of conditions - these considitions were set out to forward a very specific purpose, in which the author explicitly chose so that he would be able to use any modifications that you make and distribute (amongst other things specified in the GPL). The value of this can be calculated in the amount of man hours that is spent on create a derivative work and putting a price on that. This forms the consideration.

      This has been the case since forever. You can also apply the same priciple to GPLv3.

    84. Re:Misleading headline by KiloByte · · Score: 1

      All of useful BSD programs are included in Debian, including the kernel.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    85. Re:Misleading headline by Courageous · · Score: 1

      Perhaps instead of telling the rest of us how silly and wrong we all are...

      You are operating on the illusion that you're part of some larger, informed collective "we". You're not. You're just spreading FUD. It's shrill, and not pretty at all.

      Licenses are not contracts. They do not require, for example, that consideration be exchanged. A license might be a term of a contract, but the license itself isn't one. Attempt to argue if you wish that the GPL (General Public License, hint hint) is a contract; attempt further to argue before the courts that your license isn't valid, because you haven't delivered consideration; God help you if you do.

      The GPL is 23 years old. The gallery has been criticizing its "untested" nature for ages now.

      Get over it. Move on.

      C//

    86. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      That's four posts you've made in this thread, and you haven't stated a single substantial point other than that I (and the other guy you first responded to) are wrong, because. You didn't even answer my direct question in the previous message. I think you're just a troll.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    87. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      Consideration can be in a form of a promise, of value, to the other party.

      Sure. But the point originally made here, when "Courageous" so casually dismissed the concern expressed by the AC, was that there isn't a whole lot of case law to demonstrate that courts will hold that the kind of promise that goes with the GPL is sufficient to constitute consideration. As far as I'm aware, that's still true, and no-one seems to be citing any lawsuits from any jurisdiction to show otherwise.

      There is still debate about the validity of EULAs generally in some jurisdictions. Some places have laws specifically relating to copies of works made in normal use, that potentially nullify the entire legal argument of relying on copyright and the fact that just installing/using software necessarily requires making a copy. Even these waters aren't particularly well-tested yet, and they are far wider-reaching than anything specific to the GPL.

      Please understand that I'm not somehow claiming that the GPL is unenforceable or anything like that. All I'm saying is that the legal system when it comes to copyright and licensing is a mess just about everywhere. Calling someone silly for pointing out that some of these arguments have never been tested in court is not constructive.

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    88. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      I'm not a lawyer, but it certainly seems a reasonable argument to me.

      All I'm saying in this thread is that unless you can point to a clear statute and/or relevant case law, as applicable in your particular jurisdiction, it might be unwise to assume that an argument will stand up in court just because it seems reasonable to you and me.

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    89. Re:Misleading headline by maccodemonkey · · Score: 1

      And while it's true they use a mix of licenses, they also own CUPS outright, yet that is also GPL.

    90. Re:Misleading headline by greed · · Score: 1

      The GPL does not require you send changes back to the original developer.

      The GPL requires you give source code to the people you give binaries to.

      So you don't need to make any effort to contact the original developer in maintaining your fork. As long as your downstream gets the source, you're good.

      Since the GPL also requires that you permit your downstream receivers to make modifications and distribute copies, the GPL cannot PREVENT the original developer from getting your changes. But that's not the same as REQUIRING you to send them upstream.

      There are licenses that require your changes go upstream and/or get vetted by the upstream provider. Or even assign copyright to the upstream--the original Netscape Public License was like that, I believe.

      The GPL, though, is all about people who RECEIVE the code. It isn't about people who PROVIDE the code.

    91. Re:Misleading headline by Anonymous Coward · · Score: 0

      Parent is correct. Attacking the credibility of the speaker and not their argument is the definition of ad hominem.

    92. Re:Misleading headline by Bill_the_Engineer · · Score: 1

      Thank you for your clarification. It's already been pointed out in a different thread.

      As a courtesy, I've always sent my modifications back to the original author and after all these years I assumed it was also a requirement of the GPL (ie. I've always done it, but don't remember why or bother to refresh my memory). The GPL is not something I read everyday.

      The GPL, though, is all about people who RECEIVE the code. It isn't about people who PROVIDE the code.

      I disagree. BSD is really about the people who RECEIVE the code because they can do as they like with it. GPL is really about the people who PROVIDE the code because they want their work and any of its derivatives to be open sourced.

      GPL really doesn't offer any more freedom than the other open source licenses since, like similar arguments for other forms of digital media, the derivative works take nothing away from the original source code. However the GPL encourages more open source development since I would not have contributed my time or effort on something that can be tweaked, repackaged and sold as a closed source product without any means of me seeing or incorporating the improvements being made.

      Quite simply I chose the GPL license over the BSD license because of what it provided me not because I was concerned with the end user's freedoms. It's a matter of perspective.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    93. Re:Misleading headline by Courageous · · Score: 1

      I think you're just a troll..

      You referred to the GPL as a contract, when it's not, it's a license. And I am the troll?

      You supposed a fictional situation in which an upstream GPL license grantor attempts to revoke their license unilaterally outside of the allowed perpetual scope of the license's own termination clauses, declaring that "the case law is highly lacking," intending to create drama, and I am the troll?

      Someone is indeed trolling here.

    94. Re:Misleading headline by Courageous · · Score: 1

      Are you actually, seriously expressing a fear that a party, having been granted a license for a present version of a licensed good, is at risk of the licensor retroactively modifying the terms of the license presently granted?

      Or are you saying that the creator might wish to change the license for future versions and distributions?

      If the latter, of course this is true. The creator is not bound by the terms of their own license.

      If the first, this is not well-trod legal ground at all. The courts takes the dimmest of views regarding such things, even when the legal agreement contains express terms to allow it.

    95. Re:Misleading headline by Anonymous Coward · · Score: 0

      > Would an agreement to distribute all derivative work under the GPL be a form of consideration?

      I think it would be if you were making some sort of promise or commitment to distribution.

      As the GPL stands, it only permits you to distribute derivative works under GPL - it doesn't require you to distribute anything, so no.

    96. Re:Misleading headline by JDG1980 · · Score: 1

      It will be interesting to see how your version of the legal status of a software licence stacks up against what I've spent a substantial amount of time and money talking to actual lawyers about, over a few years now and in relation to quite a few different projects, before putting forward my "uninformed speculations".

      Sorry, but you're a random anonymous poster. Without your real name or any real information about you, why should we believe that you've talked to any lawyers? Talk is cheap on the Internet.

    97. Re:Misleading headline by lgw · · Score: 1

      Licenses are quite often for a limited time, and might only be available "for renewal" under different terms. If the duration of the license wasn't explicit, one might argue that there was some implicit expiry of the grant of license. Not quite the same as "changing the terms", though effectively the same.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    98. Re:Misleading headline by JDG1980 · · Score: 1

      What happens far more often is that some stuff gets outsourced, and GPL'd code gets inadvertently introduced. Yes, it happens [theregister.co.uk], and every time it does, it makes lawyers more paranoid.

      Seems to me that this is an argument against outsourcing, not open source.

    99. Re:Misleading headline by shutdown+-p+now · · Score: 1

      Poorly educated or dishonest in-house worker can do the same thing. It's just that it tends to happen more with outsourcing.

    100. Re:Misleading headline by JDG1980 · · Score: 2

      In logic, ad hominem is arguments of the form "X says Y" and "X has flaws" and then concluding "Y is false". Bad characteristics of a person are not transferred to things they say, which is why ad hominem is a fallacy. Otherwise you could make anything false just by finding a sufficiently odious person to say it, which is obviously not right.

      That may be true in a Platonic world of pure logic. In the real world, though, limited time and imperfect knowledge means that most of us have to use heuristics to determine what should be trusted and what should not. And past trustworthiness is one of the most important of these heuristics. If someone has told a thousand lies, it's logically possible that their 1,001th statement is nonetheless the truth, but it's not the way to bet. Philosophers can call this a logical fallacy if they want; the rest of us have to live in the real world, and call it common sense.

    101. Re:Misleading headline by Courageous · · Score: 1

      But the GPL license is specific.

    102. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      You're free to believe whatever you wish. I have no interest in participating in a discussion where people are going to lie for no apparent reason, nor in advancing any particular agenda here. I'm just a guy defending another guy whose point I thought was unfairly attacked.

      Right now, the only falsifiable claim that I can see anyone on my side of the argument has made is that there is little or no case law to back up the assumption that retrospectively rescinding a licence is impossible. If anyone disagrees, they don't need letters after their name or quotes from their lawyer, they just need to cite the statute or ruling that the rest of us don't know about.

      Likewise, the only substantial questions I've posed in this discussion are what the legal status of a GPL licence agreement is, and whether a non-tangible thing like a promise to behave in a certain way would, under all circumstances and without any doubt, constitute consideration if the answer to the first question is "a contract".

      Given that no-one has given any such citation or given a clear answer to my two questions, and yet everyone is busy attacking the messengers instead, what does that tell us?

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    103. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      You referred to the GPL as a contract, when it's not, it's a license.

      No, I didn't. In fact, in my very first post to this thread, I explicitly raised the question of how the licence was granted, and in at least two posts now I have explicitly mentioned two possible mechanisms: contract and deed.

      You supposed a fictional situation in which an upstream GPL license grantor attempts to revoke their license unilaterally outside of the allowed perpetual scope of the license's own termination clauses, declaring that "the case law is highly lacking," intending to create drama, and I am the troll?

      No, actually, that was the position of an AC (who was not me). All I've done was defend the position that it's unwise to make blanket assumptions about intricate legal matters if there's no clear statute or case law to support those assumptions, and suggest reasons that this is in fact an intricate legal matter that should not be so casually dismissed. Of course, given that you guys don't seem confident about legal fundamentals like what kind of status a software licence like the GPL has, I'd say it's already clear that this is not a trivial legal question.

      Everything else you're apparently objecting to is stuff you are reading into my posts that was never there.

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      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    104. Re:Misleading headline by smash · · Score: 1

      Sure, the BSD license allows it. However to re-license previously more open code under the GPL is a big "fuck you" to the original authors from a moral standpoint.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    105. Re:Misleading headline by Courageous · · Score: 1

      No, I didn't. In fact, in my very first post to this thread, I explicitly raised the question of how the licence was granted,...

      That's funny. I just reviewed the thread. So you did. I do not remember this at all. I must have been really tired. My apologies. I suspect I took one look at the "consideration" verbiage and jumped off the handle due to hearing folks having said that the GPL is invalid for that reason in the past. Here, actually. Once or twice.

      Be that as it may:

      If you are questioning the lawful conveyance for the license, there is more to worry about than the GPL. There are entire Fortune 500 companies dependent on BSD, conveyed similarly. It's possible that companies like NetApp have gone to the upstream source (was BSD Unix literally Berkley?) and gotten expressly conveyed licenses. But I have my doubts.

      Now if you absolutely want to have some entertainment, start lining up the case history on what the courts have considered to be derivative works, and what the open source community would like you to believe. These are not always the same. For example, the assertion that linux kernel modules are derivative of the kernel is one that doesn't smell perfectly right to me.

      Of the two of these, I'll vote for their being a case on derivative work status coming out in some less-than-FOSS-friendly fashion before Common Law derivative court accepts the argument of an author who, having written a license.txt file granting the license, successfully argues before the court 'I didn't mean it.' I.e., don't hold your breath on this last. I'm just not seeing it.

      C//

    106. Re:Misleading headline by Anonymous+Brave+Guy · · Score: 1

      FWIW, if I were a betting man I would bet that the licence probably would stand up, at least if someone had already acquired a copy of the code before the original author changed their mind and with the understanding that it was licensed in that way. Others have posted at least one credible argument to that effect in their comments elsewhere in this thread.

      All I'm really saying here is that it's not silly to question that assumption in an area that is as much a legal minefield as copyright, if there are no hard and fast statute rules or clear precedents from case law to give guidance on how a real court will interpret the law in any given jurisdiction.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    107. Re:Misleading headline by fatphil · · Score: 1

      Nope, it's an "I told you so". Perhaps with a tap on the skull to see if there's an echo.

      If they can make the leap from "someone annoyed us whilst not violating the licence we chose" to "we chose the wrong licence", then this is a good thing.

      If you chose a licence that invites people to say "fuck you", then you really do need to readdress how you are chosing your licence, and why you came to select the one you did.

      --
      Also FatPhil on SoylentNews, id 863
    108. Re:Misleading headline by cheesybagel · · Score: 1

      If you are bothering with lawyers you are probably doing it wrong anyway. "Check GPL compliance"? Heck, IANAL and I can understand the clauses of the GPL perfectly fine. The GPL is not anti-corporate. It is anti-closed source. Several corporations were built on GPLed software which would not have been otherwise like Google, Yahoo, Facebook, or Akamai. If you are in the business of selling software you have a problem. If you are in the business of providing solutions to customers you are not. So of course, money hoarders do not like the GPL, it shrinks their profits to everyone's benefit.

    109. Re:Misleading headline by Edam · · Score: 1

      And the BSD-like licenses grant you more freedom, so...

      ...so does an anarchistic (rather than a lawful) society. But that doesn't mean its the better option. For example, would you expect a "free society" to allow you to murder people?

      In the same way, copyleft licences balance your freedoms with those of others. What you are are *not* free to do under the GPL is curtail the freedoms of others to view, modify and redistribute source code. Creating an individual limitation so as to protect the freedoms of the rest of the world doesn't make the GPL "less free" any more than having laws in a free society does.

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
  2. Alternative theory by Anonymous Coward · · Score: 0

    By numbers, we've gone from big projects (Linux, LibreOffice, KDE, Gnome) to little projects (JS library to do an image animation). GPL and LGPL make more economic sense for big projects. Permissive makes more sense for little projects.

    1. Re:Alternative theory by Anonymous Coward · · Score: 0

      By numbers, we've gone from big projects (Linux, LibreOffice, KDE, Gnome) to little projects (JS library to do an image animation). GPL and LGPL make more economic sense for big projects. Permissive makes more sense for little projects.

      Why? Are the GPL and LGPL on a sliding scale or something?

      Is the fee for those licenses: size*free = zero ?

      So the bigger the project the bigger the zero fee associated with the GPL or LGPL?

      I don't know, The GPL is too complex for me to understand.

    2. Re:Alternative theory by lordmetroid · · Score: 1

      Doesn't really matter, small projects without any money do not have any money to enforce a GPL license anyhow.

    3. Re:Alternative theory by flyingfsck · · Score: 1

      That is why small projects are encouraged to transfer their copyright to the FSF. They will fight any legal battles on your behalf.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    4. Re:Alternative theory by Skuto · · Score: 1

      Only as far as resources permit.

    5. Re:Alternative theory by jellomizer · · Score: 2

      Small projects tend to work to incorporate into other bigger projects. Large projects stand for themselves, they are not going to used with with other projects, it makes them easier to stay with the GPL, and you are not going to be breaking the GPL easily. The smaller projects are often tools to make bigger projects easier to complete. And a more Open to developers license makes them seem more attractive.
      GPL license subscribes to the idea that everyone agrees with GPL Ideals, and has an infrastructure designed to work with the GPL. This isn't the case, some companies sell closed source tool, not because of greed and evil, but because if they open source it then competitors will take over their work, before they can make money off of it, that they need to pay off their staff who are working on their products. No for some organizations their projects work with the GPL other they do not. Now as part of the development progress there are byproduct mini-projects that are created that are not core to the business, and they want to release them so others can benefit. GPL means only people who make GPL products can use it, non-GPL such as the MIT license means more people can use them.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    6. Re:Alternative theory by jedidiah · · Score: 2

      The LGPL is perfectly fine for tools and libraries and building blocks.

      Big corporations can build commercial proprietary products with such tools and libraries just fine. All of this stuff is actually pretty simple once you understand what copyright is actually supposed to be about. There are a very particular set of rights that are governed by Copyrights.

      The GPL is being confused and conflated with your usual Microsoft style EULA that can do all sorts of crazy things to expand the rights of software distributor and take rights away from the user.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Alternative theory by lgw · · Score: 1

      LGPL and GPL are different beasts. LGPL allows you to re-use building blocks. But everywhere I've worked has treated GPL as radioactive waste - no GPL component may be distributed in any way for any reason, and when we wanted to "open source" any work we did, it was always "OK, but use the GPL so our competitors can't use it".

      That may not be the intent of the (non-L) GPL, but it's the efffect in my experience - to taint code so that it can't be used in commercial software.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  3. Term clarification, please by Reality+Master+301 · · Score: 5, Funny

    Free as in beer, or open as in... beer?

    1. Re:Term clarification, please by Anonymous Coward · · Score: 0

      First comes the free beer and next, the open toilet.

  4. black duck by neonsignal · · Score: 5, Informative

    Surprise, surprise, yet another anti-GPL study from Black Duck software.

    1. Re:black duck by ilguido · · Score: 4, Informative

      No it's the same one. The article is tagged "December 16, 2011". It's just the usual MS shill that re-posts this shit ad nauseam.

    2. Re:black duck by Anonymous Coward · · Score: 0

      Yep, it's dupe, http://developers.slashdot.org/story/11/12/17/1735253/gpl-copyleft-use-declining-fast.

      WTG, Timothy for posting a story that took me literally less than 10secs to determine its dupeness. But you know, it seems that you couldn't be that incompetent since you altered the headline from Bonch's original one ("GPL use is declining faster than ever") which was nearly identical to the previous story. You must have checked the article since you changed the headline to something which more accurately reflects TFA's scope. Are trolling Slashdot, Timothy?

      Also, here's a rebuttal article:
      http://linux.slashdot.org/story/12/03/03/142229/gpl-copyleft-on-the-rise

      GPL, Copyleft On the Rise
      paxcoder writes

        "Contrary to earlier analyses that predicted a decline of copyleft software share to as little as 50% this year, John Sullivan, the executive director of the Free Software Foundation, claims the opposite has happened: In his talk at FOSDEM 2012 titled 'Is Copyleft Being Framed?,' Sullivan presented evidence (PDF) of a consistent increase of usage of copyleft licenses in relation to the usage of permissive licenses in free software projects over the past few years. Using publicly available package information provided by the Debian project, his study showed that the number of packages using the GPL family in that distribution this year reached a share of 93% of all packages with (L)GPLv3 usage rising 400% between the last two Debian versions."

    3. Re:black duck by Anonymous Coward · · Score: 0

      I thought bonch was supposed to be an Apple shill according to the trolls. Slashdotters are like children who attack the messengers of bad news they don't like.

      It's kind of funny but also indicative of how unreliable this place is for information. Any articles that challenge the conventional wisdom are critiqued by +5 Informative posts, while any articles that support the conventional wisdom are accepted without any critical eye passed over them.

  5. Depends where you look by msclrhd · · Score: 5, Informative

    If you look at the work that Apple supports (clang, etc.), they are using non-GPL licenses. Same goes for code on CodePlex (the Microsoft site for C#/.NET open source projects). If you look at any of the ruby, python, javascript projects on GitHub, they tend to use a non-GPL license.

    C/C++ projects make up 11% of the projects on github and these tend to be the languages that use GPL.

    I personally use GPL for my projects because I am happy with that license, and use other projects that are GPL. Others may not, so they are free to choose a different language.

    And we have heard repeatedly from Brian Proffitt that the GPL is dying/dead, but is still being used for new projects. Oh and this is article dated December 16, 2011, so why is this news now?

    Welcome to the FUD machine.

    1. Re:Depends where you look by The+Second+Horseman · · Score: 1, Flamebait

      Apple is pretty hostile towards GPLv3. They won't distribute any code licensed under it. That's almost certainly why they stuck with an older version of Samba in OS X until they could replace it with their own implementation. Pretty much, once something goes GPLv3, they're going to fork & maintain, or rewrite from scratch.

    2. Re:Depends where you look by TheRaven64 · · Score: 4, Interesting

      Apple isn't the only company. The patent clauses and termination clauses in GPLv3 make a lot of companies nervous. There is a lot of FUD in the classic sense surrounding the GPLv3, but the most important is the U: uncertainty. When legal says 'we're 80% sure that there will be no problems with distributing this code in our products,' management hears 'there is a 20% chance that this will be really expensive' and opts for a more permissively license alternative.

      --
      I am TheRaven on Soylent News
    3. Re:Depends where you look by gnasher719 · · Score: 3, Funny

      Apple is pretty hostile towards GPLv3. They won't distribute any code licensed under it. That's almost certainly why they stuck with an older version of Samba in OS X until they could replace it with their own implementation. Pretty much, once something goes GPLv3, they're going to fork & maintain, or rewrite from scratch.

      I wonder which side the hostility comes from.

    4. Re:Depends where you look by cheesybagel · · Score: 1

      The main people at cause for the anti-GPL licensing bullshit with projects that matter today are Apple and Google. The thing is, its biting them in the ass. Google got slapped with an Oracle lawsuit for copying Java since IIRC they are using pieces of Harmony code. Apple is eventually bound to be bitten by some obscure compiler patent lawsuit against clang eventually.

    5. Re:Depends where you look by cheesybagel · · Score: 1

      Of course they are. Their aim is to Tivoize the world with incapacitated general purpose computers they call application specific devices.

    6. Re:Depends where you look by cheesybagel · · Score: 0

      Have you ever read an Apple license agreement? They seem to change them on a quarterly basis and they keep getting more omnious and Big Brotherish as time passes.

    7. Re:Depends where you look by cheesybagel · · Score: 1

      Sleep with the fishes Apple fanboys (boy are they easy to bait).

    8. Re:Depends where you look by Anonymous Coward · · Score: 0

      Apple can't distribute any code that uses the GPL through the Appstore, it doesn't matter whether they want to or not, the Appstore is fundamentally incompatible with the GPL. They could do so with their OS, but there's no particular reason why a commercial vendor needs to rely upon a 3rd party to provide things that are important for the OS.

    9. Re:Depends where you look by Anonymous Coward · · Score: 0

      Because if you use GPLv3 code you have to open up all of your code.
      I don't think I need to tell you why that's undesirable for a company.

    10. Re:Depends where you look by jo_ham · · Score: 1

      They're hostile to the GPLv3 because it is hostile to them. They are non-hostile to open source in a general sense, however, looking at the projects they are involved with. They realise that it's a win-win for both them and the OSS community at large in many circumstances.

      They also changed their App Store terms to become more friendly to GPLv2 and earlier (and there are numerous examples of GPL software on there) in response to initial critique that the terms of the original agreements made it incompatible.

      Don't mistake their hostility towards GPLv3 (which is a pretty hostile itself) as a hate for OSS as a whole.

    11. Re:Depends where you look by jo_ham · · Score: 1

      Apple can't distribute any code that uses the GPL through the Appstore, it doesn't matter whether they want to or not, the Appstore is fundamentally incompatible with the GPL. They could do so with their OS, but there's no particular reason why a commercial vendor needs to rely upon a 3rd party to provide things that are important for the OS.

      This is false. You *can* distribute GPL apps on the App Store, and there are many on there.

      Here's a list of apps on there right now, some of these are GPL, some use other licences. The Wordpress app, for example, is GPL and on the store as we speak.

      http://maniacdev.com/2010/06/35-open-source-iphone-app-store-apps-updated-with-10-new-apps/

    12. Re:Depends where you look by cheesybagel · · Score: 1

      Apple produces crippleware. e.g. if I have an iPhone with an USB cable I cannot use the Flash as a regular storage device. I can only access files generated by the camera app. Ridiculous. I have to use iTunes software and only transfer signed or otherwise applications. Then there are other issues like not having smartcard support for removable storage like most Android phones have, or forbidding certain types of applications such as emulators. It's my hardware, I bought it for several times what it cost to manufacture in China with their slave workers, so I damned well should be able to choose what to do with it.

    13. Re:Depends where you look by jo_ham · · Score: 1

      Your hyperbole is amusing, but it doesn't advance your argument and just makes you look like a petulant child.

      If you want to debate properly, I am here and willing but so far I am not seeing anything of substance.

    14. Re:Depends where you look by cheesybagel · · Score: 1

      There is no argument. Apple is a wannabe corporate monopolist as usual. They will be rendered into a pile of ashes by a slew of Android devices in a decade or two. People will think of them then like they think of Palm now. People do not want specialized devices if there is a general purpose device available at the same price even if it has inferior usability. This is why smartphones killed PDAs, will kill handheld game consoles, handheld TVs, etc. This is also why the PC killed the typewriter.

      Apple wants to get other people's work for free but does not want them to be able to use their own devices for whichever purposes they want to. The guy which did their famous '1984' superbowl commercial is either turning in his grave now or laughing himself to pieces.

    15. Re:Depends where you look by jo_ham · · Score: 1

      Apple wants to get other people's work for free but does not want them to be able to use their own devices for whichever purposes they want to. The guy which did their famous '1984' superbowl commercial is either turning in his grave now or laughing himself to pieces.

      The first paragraph is just misinformed ranting, but it's the quoted paragraph that really demonstrates your misunderstanding.

      Apple does not want to "get something for free" and simultaneously block other people from using their own patents. Apple HAS NO CHOICE but to use the 3G patent in question - it's IN THE STANDARD (in exchange for being under FRAND terms). This means Motorola is obligated to licence it to Apple fairly.

      On the other hand, Apple has no patents in the standard and is thus under no obligation to offer any of its patents in return. They could pay in cash if they really wanted to (although most patent licensing deals are not done this way).

      Apple does not have to give up anything of theirs that they don't want to - all they need to do is pay a fair, reasonable and non-descriminatory amount for that 3G patent (which may or may not include cross licensing some of their patents).

      Motorola on the other hand, simply MUST licence that patent under FRAND terms or it demonstrates extreme untrustworthiness and future bad precedent.

      Regardless of what you think of Apple (it's clear your mind is made up on that, but let's set that aside), what do you think will happen to Motorola the next time a standard is put together when they submit patents for inclusion? What will happen to Google, as Moto Mobile's new owner? Not sure, as an international standards body responsible for things like 3G, Wifi, etc) I want a manufacturer in my FRAND pool who has a proven track record of going against their contractual obligations to abuse competitors, which is what Motorola Mobility, and by extension, Google has now become.

      Hate Apple with the frothing hatred that only a truly detached-from-th-world neckbeard ever could, but consider what it means for your "side" (assuming you want to break it down in such a childish manner) and the playing field as a whole.

      I think Apple's slide-to-unlock lawsuits and lumping the Galaxy Tab in with the Nexus during the Samsung lawsuit were silly (and without real merit) but this is not the way to retaliate on Android's part.

    16. Re:Depends where you look by cheesybagel · · Score: 1
      The conversation was about open source software licenses and Tivoisation.

      It had nothing to do with hardware patents. Regarding Motorola they have a lot more patents than just transmission hardware patents. Apple always does the same shit. They pick up a lot of previously researched projects from universities, private labs, whatever, put them in a unified product, and then sue everyone because they "did it first". Just like the lawsuits regarding WIMP user interfaces they did against Microsoft in the 1980s. Of course other people had done WIMP user interfaces either before or at the same time, Xerox, MIT Athena Project (X Window System), Commodore, etc. They are a bunch of pathetic whiners and losers who can't stand any competition whatsoever.

  6. My reason by arth1 · · Score: 1, Insightful

    I can't speak for anyone else, but my personal reason for not releasing sotware with GPL anymore is because of SFC and other parties that use GPL as a way to feed lawyers at the expense of users.
    I don't want my users to get sued. Ever. Even if they do something I disagree with. Lawsuits is not the way to go. Lawyers and "interest groups" leeching on other peoples work are, IMHO, a far bigger problem than users not giving back. At least users use the sofware, which was kind of why I wrote it.

    And when wearing my manager hat, I don't want to risk getting sued over using or redistributing a piece of software, and I do not want to pay a corps(e) of lawyers to make sure that everyone tip-toe the line, and that letters of intent from busybox, Oracle or whoever else are answered properly. It's easier to avoid the problem altogether by always choosing a non-GPL version when available.
    GPL is what I use when there is no other choice, and writing the software from the bottom up isn't viable.

    Your mileage may vary, and I'm sure for many of you, it does. But please respect my viewpoint that those who seek to protect the GPL the hard way alienate both developers and users in the process. No matter what their motives are, I do not believe that the goal justifies the means any more than pirating justifies DRM.

    1. Re:My reason by Nursie · · Score: 4, Informative

      FUD.

      The only time 'users' get involved in legal action is when those 'users' are releasing GPL software as part of a product, and not releasing the source.

      If you don't want to get sued over redistributing a piece of software then closed source software must make you piss yourself.

    2. Re:My reason by Neil_Brown · · Score: 1

      Lawyers and "interest groups" leeching on other peoples work

      I'd be surprised if US law lets a lawyer take action for copyright infringement other than on behalf of the copyright owner? I can understand if you don't like the actions of the SFLC but, somewhere, someone must have instructed the lawyers — to them, perhaps the lawyers are not "leeching" from them, but helping them, even if you consider that they are not helping you?

    3. Re:My reason by Neil_Brown · · Score: 1

      (I'd like to consider myself a geek first, but I am employed as a lawyer, which might mean my view on this is a biased one, although, like the OP, I am questioning as to whether suing to enforce the GPL is the right approach.)

    4. Re:My reason by Anonymous Coward · · Score: 0

      And at a minimum, avoid the GPL licensed products where you're likely to be forced to comply with the licence.

      FTFY

    5. Re:My reason by peppepz · · Score: 1

      There's nothing FUD about this at all. Yes, there is F, but we've progressed way past U and D with the busybox and Oracle lawsuits.

      You mean that busybox and Oracle have started suing users of, say, Android phones?

    6. Re:My reason by Ynot_82 · · Score: 1

      What kind of hideous shit are you doing that requires "man-years" of documentation for someone to just _build_ the software...

      Perhaps you should look internally for the problem instead of blaming others for your horrible code / build processes

    7. Re:My reason by gomiam · · Score: 1
      Of course, you are free to choose the license better suited to your needs for software you develop. But SFC and whoever won't sue your users without authorization from you. Besides, what is the "soft" way to protect the GPL?

      As a manager, if you are worried about using GPL software you need to get some concepts clear: GPL lets you use the software however you want to, it only cares about what you must do if you give someone a binary copy of the program. So you don't have to really worry unless your software is derived from GPL software: unless you have built a new version of busybox with extra options you only need to provide the code to the binary version of busybox you are already providing in your product. And basically the same goes for the rest of the software as long as your own software doesn't rely "too much" (libraries and the like) on GPL software.

    8. Re:My reason by chris.alex.thomas · · Score: 1

      I call bullshit on the statement:

      "but enough additional information to allow users to recreate binaries from the source"

      Since when did you have to teach people how to use the source? your only requirement is to release the source and it's modifications, not provide teaching support for people as well.

      you're on slashdot, at least use a minimum level of intelligence please....

    9. Re:My reason by arth1 · · Score: 1

      I'd be surprised if US law lets a lawyer take action for copyright infringement other than on behalf of the copyright owner?

      With GPL, it appears that all you have to do is submit a change to get your name on the list of copyright holders, and you can apparently then sue on behalf of the entire software package. The original authors don't seem to have to be consulted.

      The US also allows transfer of copyrights (which I consider illogical - the creator doesn't change because money or paperwork changes hands), which makes it even muddier - the onus is on the one who uses a piece of software to track down the current copyright holders. A task for lawyers.

      I prefer to use a more liberal license if I can - keep the software free at the discretion of the authors, and don't give anyone an excuse to sue over it.

    10. Re:My reason by Skuto · · Score: 1

      A sheep's way of saying "I don't like what you say".

      Not really, your post was just incorrect bullshit. SFC doesn't start suing for software they don't own the licensing to, unless they are hired by the copyright holder.

      If you don't care what your users do with your software, there's little point in using the GPL.

    11. Re:My reason by arth1 · · Score: 2

      Since when did you have to teach people how to use the source? your only requirement is to release the source and it's modifications, not provide teaching support for people as well.

      From the GLP:

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

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

      This has been used to pressure companies or individuals to give up proprietary build processes or special software. It's not just theoretical, I'm afraid.

    12. Re:My reason by Neil_Brown · · Score: 4, Interesting

      Thank you for your thoughts.

      With GPL, it appears that all you have to do is submit a change to get your name on the list of copyright holders, and you can apparently then sue on behalf of the entire software package. The original authors don't seem to have to be consulted.

      I can't see this working as a matter of copyright law, but I don't know the US way of doing things. To my mind, you'd only have grounds to sue for an infringement in respect of the copyright of which you are the owner — if your change does not amount to a copyright work, I'd be surprised if a court would find you had standing to sue for anything, as your copyright has not been infringed. Making a minor (but still sufficient for copyright protection) change might be the way forward for that, though.

      The US also allows transfer of copyrights (which I consider illogical - the creator doesn't change because money or paperwork changes hands)

      The creator does not change but, when you buy a house from someone, you (or the bank...) owns the property in that house, not the creator — since copyright is a property right, the same rules apply. (You might prefer to be an author in jurisdictions where moral / authorial rights are regarded more strongly, where it is indeed impossible to assign ownership, as ownership is tied so closely to authorship.)

      I prefer to use a more liberal license if I can

      It sounds as if, in reality, you're more inclined towards a licence being a statement of intent / request — that you'd like someone who uses your code to do so in a particular manner, but that you are not going to chase after them with a legal stick if they refuse. However, since this would be difficult, if not impossible, to construct as a form of licence, you use a permissive licence to achieve the same ends?

      This biggest disappointment to me is that, as with property generally, I cannot choose to disclaim ownership — for most of what I write, I'd rather simply disclaim it to the public domain. Whilst those using my work in an academic context will be bound by academic rules in terms of citation and the like, if someone else can benefit, great — since copyright was neither a driver not an enabler to the creation of the work, I'm unconvinced that copyright should exist over that work, but, since it does as a matter of law, I'd like to refuse to accept it. Which I can't...

    13. Re:My reason by Ynot_82 · · Score: 4, Informative

      Ooh, just off the top of my head
      The Linux kernel

      Build process?

      # make
      # make modules
      # make modules_install
      # make install

      Sounds like you got duped by some devious vendor who wanted to ensure years of future support needs from you

    14. Re:My reason by Nursie · · Score: 1

      A sheep's way of saying "I don't like what you say".

      No, your post either is FUD or is the result of having been fed FUD.

      No, that is not true. You not only have to release source (which can be difficult enough, depending on the scope and profitability of the projects), but enough additional information to allow users to recreate binaries from the source. That can easily mean spending man years on documentation and giving away your proprietary build processes.
      If doing static linking against certain versions of GPL, you may even have to give away the source to your own proprietary source code.

      Keeping all this straight for projects with hundreds of OSS elements is far from easy. I find it easier to avoid the issues whenever I can, and use more liberal licenses, both as a developer and as a manager. And at a minimum, avoid the GPL licensed products where the copyright holders are known to be sue happy.

      There's nothing FUD about this at all. Yes, there is F, but we've progressed way past U and D with the busybox and Oracle lawsuits.

      Absolutely none of which is about users, it's about distributors. This is what I was calling you on.

      And yes, if you link GPL stuff you have to open your source, that's the price of using the GPL functionality, if you don't like it, use something else. I mean, that's entirely the *point* of the GPL, that people like you, who want to use GPL software without reciprocating, don't get to.

      If that's the reason that the GPL is bad for you, that your freeloading is not allowed, then good, stay away. I hope you do, as a developer and a manager, stay away from it, because you clearly have no intent of playing ball, and changing the license to get you on board gains the community absolutely nothing.

    15. Re:My reason by Andtalath · · Score: 1

      And you can just say that the only requirement on using it is not to claim anyone in particular created it.
      That's pretty much the most open license you can have.

    16. Re:My reason by caseih · · Score: 2

      It doesn't matter what license the source code is under. If you're going to use it and distribute it to your customers, you better be dang sure your lawyer has vetted your right to use and distribute the code and that you are following the terms of said license in the first place. This is just as true for so-called open source as it is for proprietary code that you've licensed. I don't understand why people such as yourself make such a distinction between the GPL and other licenses. If MS produced a utility or DLL you want to use and distribute, you have to know its license conditions just as well as the GPL's conditions. Why is this concept so hard for so many companies to grasp? Complying with the GPL is not hard. If your company has a hard time with that, then yes you are right. You should be avoiding the GPL.

      As for your viewpoint about alienation, how is breaking the law and seeking redress justifying the means? Do you treat proprietary licensed code as cavalierly as you do open source?. It's their code. If you don't want to use it in accordance with their license, then get code from somewhere else or write your own code. Plain and simple. Companies getting caught by busybox GPL enforcement just shows how companies are abusing open source software and trying to get a free ride just because they can download the source for free. Since busybox is GPLv2, compliance by these companies is as simple as posting the source tarball on their web site. And actually the GPL only says you have to produce the source code to the GPL'd derivative product on demand.

    17. Re:My reason by Anonymous Coward · · Score: 0

      Yup, don't want to make the effort(or just plain don't want) to obey the license the software is provided under? The don't f'in use it! Simple really.

    18. Re:My reason by zidium · · Score: 1

      He never said they don't sue for projects they don't own.

      You couldn't even figure out what he's saying.

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    19. Re:My reason by Neil_Brown · · Score: 2

      the most open license

      Thank you — yes, that's an approach which could be used to approximate the outcome. Similarly, I could use CC0.

      The problem for me, though, is that it's an approximation, rather than the real thing. It's a licence, which requires something to be licensable, and, whilst the last attempts to be as far away from a restrictive licence as possible, it only work because of the existence of copyright, which is the very thing I wish to disclaim. Licensing under such terms might be the closest one can get to a voluntary gift to the public, but I still think it's a shame that I cannot abandon "my" copyright, forcing me to use a licensing hack instead.

    20. Re:My reason by AstrumPreliator · · Score: 1

      This biggest disappointment to me is that, as with property generally, I cannot choose to disclaim ownership â" for most of what I write, I'd rather simply disclaim it to the public domain. Whilst those using my work in an academic context will be bound by academic rules in terms of citation and the like, if someone else can benefit, great â" since copyright was neither a driver not an enabler to the creation of the work, I'm unconvinced that copyright should exist over that work, but, since it does as a matter of law, I'd like to refuse to accept it. Which I can't...

      You know I rarely use my moderation points since I don't come across any really good posts. In fact my moderation points just expired last night. This is one of the best things I've read on slashdot in a while though. I wish I had points to mod you up.

    21. Re:My reason by jellomizer · · Score: 2

      Back 10 years ago, when they started suing companies who violated the GPL, I figured that this wouldn't turn out good for the GPL, Why because the success of the GPL was based on sharing of ideas, once they brought lawyers into the mix you increased the cost of the use. If people are afraid to get sued for improper distribution of hybrid work, then they will work with less restrictive licenses.

      The BSD and MIT licenses encourage sharing, however they don't demand it. One of the side effect of freedom is that with freedom people will do things that you don't want them to do. If you really support freedom, you need suck it up, and not go crying, when someone doesn't want to play at the moment.

      Just calling out FUD doesn't mean it is. Sometimes the truth isn't what you want to believe... Sorry...

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    22. Re:My reason by Anonymous Coward · · Score: 0

      The creator does not change but, when you buy a house from someone, you (or the bank...) owns the property in that house, not the creator — since copyright is a property right, the same rules apply

      Begs the question. Copyright is "a propety right" because it can be transferred, as if it were property. But you're saying that the reason that it can be trasnferred is because it is a property right.

      If you prefer, instead of asking "why can it be transferred?" we can ask "why is it a property right?" Same question.

    23. Re:My reason by Courageous · · Score: 1

      I can't see this working as a matter of copyright law, but I don't know the US way of doing things. To my mind, you'd only have grounds to sue for an infringement in respect of the copyright of which you are the owner...

      Well, disregarding the triviality of submitting a small change to the upstream source, technically what is happening when you grab the source, change it, and then distribute it is that you are distributing a derivative work to which you are the owner.

      So there will certainly be some cases where you can sue.

      C//

    24. Re:My reason by Zontar+The+Mindless · · Score: 3, Interesting

      This has been used to pressure companies or individuals to give up proprietary build processes...

      You say this like it's a bad thing.

      --
      Il n'y a pas de Planet B.
    25. Re:My reason by Anonymous Coward · · Score: 0

      You missed the the 'make config' part.

    26. Re:My reason by anwe79 · · Score: 1

      So you're saying you use a proprietary build process to build GPL:ed code? Now that's just silly...

    27. Re:My reason by ScentCone · · Score: 1

      sheep

      A adolescent's way of attacking the person making a point, rather than addressing the substance of the comment. Specifically, that the topic, as characterized, is FUD.

      Users

      don't get sued when they fire up a piece of software that the publisher/distributer doesn't properly document.

      Your

      statements are meant to muddy the waters, cause doubt among end users about whether they'll end up in court over someone else's half-baked compilation instructions, etc. Give it a rest.

      --
      Don't disappoint your bird dog. Go to the range.
    28. Re:My reason by phantomfive · · Score: 1

      A proprietary build process? You didn't rewrite Hudson, did you?

      --
      "First they came for the slanderers and i said nothing."
    29. Re:My reason by phantomfive · · Score: 1

      With GPL, it appears that all you have to do is submit a change to get your name on the list of copyright holders, and you can apparently then sue on behalf of the entire software package. The original authors don't seem to have to be consulted.

      I can't see this working as a matter of copyright law, but I don't know the US way of doing things. To my mind, you'd only have grounds to sue for an infringement in respect of the copyright of which you are the owner — if your change does not amount to a copyright work, I'd be surprised if a court would find you had standing to sue for anything, as your copyright has not been infringed. Making a minor (but still sufficient for copyright protection) change might be the way forward for that, though.

      Theoretically you could (it's a grey area of law, copyright wasn't designed with source code contributors lists in mind). A single line on a piece of paper is a copyrighted work. The FSF preempts this possibility by requiring contributors to assign all copyrights to the FSF.

      Note however, for the lawsuit to have any traction, there would need to be evidence that the license was being violated. Being a copyright holder alone is likely not enough.

      This biggest disappointment to me is that, as with property generally, I cannot choose to disclaim ownership — for most of what I write, I'd rather simply disclaim it to the public domain. Whilst those using my work in an academic context will be bound by academic rules in terms of citation and the like, if someone else can benefit, great — since copyright was neither a driver not an enabler to the creation of the work, I'm unconvinced that copyright should exist over that work, but, since it does as a matter of law, I'd like to refuse to accept it. Which I can't...

      You might consider the Woodie Guthrie license:

      “This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don’t give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that’s all we wanted to do.”

      --
      "First they came for the slanderers and i said nothing."
    30. Re:My reason by jedidiah · · Score: 1

      Your entire post is FUD and fabrications. Not only is it just the usual FUD but it's also some extra absurd nonense added for good measure.

      "giving away your proprietary build processes"

      That statement is just filled to the brim with all different kinds of stupid.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    31. Re:My reason by jedidiah · · Score: 1

      What kind of idiot corporation has a build process that any new employee can't grok just as easily as some Linux user interested in building the same binaries? The kind of "proprietary build process" being alluded to here is simply retarded. It's retarded simply from an internal corporate maintenance perspective.

      Never mind actually publishing source code.

      If you can't hand your build process over to a CS student then you're doing it wrong.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    32. Re:My reason by arth1 · · Score: 1

      While technically true, I would have thought it was obvious from the discussion that we were talking about in-house / proprietary projects.
      Plus, your example doesn't work for e.g. cross-compiling to new hardware, or tainting the kernel with proprietary in-house modules. Which might not even be produced by a variety of gcc.

      There are plenty of software projects out there that saw the light of day back in the 90s or even earlier, with code base from perhaps half a dozen companies, and where the intent was never to release the source to the public There's likely still more proprietary software out there than OSS, with companies having invested millions in the software, and who are unwilling to start over from scratch "the right way", or hold back releases until internal documentation has been rewritten in a format suitable for external release.

      The problem arises when customers request new functionality or compatibility. Integrating existing OSS code can be a quick solution, but disclosing how to build and install it to have it work in your environment might be a daunting if not outright impossible task.
      BSD licenses to the rescue - there's no need anymore; just attribute the code, and you're in the clear.

    33. Re:My reason by Neil_Brown · · Score: 1

      You might consider the Woodie Guthrie license

      That is a very nice find — thank you!

      A single line on a piece of paper is a copyrighted work

      It's probably more correct to say that it *might* be a copyright work — at least under English jurisprudence, the "sweat of the brow" test establishes a threshold for what is capable of protection as a literary work and, whilst it's a low threshold, I'd say that there is at least still something of a threshold there, and drawing a line on a sheet of paper might be sufficiently low to fail to meet the threshold. (If you meant a line of source code, which, on second thoughts, I'm guessing is where you were going, rather than a simple pencil-drawn line, chances are you're more likely to have used sufficient skill, labour and judgment to deserve, in the eyes of the law, copyright protection for your work — but that's not necessarily the case if, for example, you'd simply cut and pasted that line from something else.).

      Done with OSX? Try Linux Mint!

      Gone the other way on that one, I'm afraid :)

    34. Re:My reason by arth1 · · Score: 1

      Software is seldom designed from the ground up, it evolves.
      A company might have used what WAS state of the art an the recommended way of doing things, but 15 years later, they have to use a hodgepodge of in-house tools and patches because what they used isn't compatible anymore.

      Rembember that a good definition of legacy software/hardware is a system that works. Replacing it can be very expensive, even though you would never have done it that way if you had started today.

      Even in open source, you'll find code that requires old and outdated tools, that can be incompatible with today's state of the art. Refactoring code and replacing build processes might not be cost effective. So you use xmkmf instead of autoconfigure, or use an old version of libtool, or link in a module produced by an old compiler because the code isn't compatible with a new compiler, or a variety of other scenarios, up to and including maintaining legacy systems for compatibility reasons.

      Not because you planned it to be that way, but because software evolves. When you tell upper management that they have a choice between scrapping the build process and refactor most of the code, or have someone implement an in-house hack to make the old work with the new, what do you think they'll say?

      Be as idealistic as you like, but know that your ideals fight against budgets and deadlines, everywhere. In good companies too.

    35. Re:My reason by arth1 · · Score: 1

      So you're saying you use a proprietary build process to build GPL:ed code? Now that's just silly...

      For the great majority of open source code out there, the provided build scripts and/or needed binaries will only work on specific systems. Take an arbitrary piece of open source software, and try to cross-compile it. Some work, most won't. Or try to get a piece of open source abandonware to work on newer systems.

      The code is likely still usable, but you need a proprietary build process. For bespoke hardware, it might even include providing your own cross-compiler. Or it might mean maintaining an old and outdated system that the code compiles on.

      In cases like this, choosing BSD over GPL licenses can save a lot of work.
      It might not be the right thing to do, but it may be the economically sound thing to do.

    36. Re:My reason by phantomfive · · Score: 1

      ok, you're great at making up theoretical problems.

      Tell us about your real-life example of a system so convoluted that it takes man-years to document the build process, which you mentioned earlier. I want to hear about such a system.

      --
      "First they came for the slanderers and i said nothing."
    37. Re:My reason by arth1 · · Score: 1

      Users

      don't get sued when they fire up a piece of software that the publisher/distributer doesn't properly document.

      You do know the difference between users and end users, and that the users of the distributed source code are mainly going to be developers who will redistribute the binaries, and thus are subject to the distribution terms of the licenses, right?

      Oh, wait, it looks like you didn't.
      Even in your black-and-white world, from an end user's perspective, it might be preferable that their software developer neither gets sued into oblivion, nor triples the price and misses releases in order to accommodate GPL instead of choosing software with a different license.

      But again, I'm not talking about end-users here, but users as in those who use the distributed source code (and aren't gentoo users) to provide software of their own.
      They are certainly bound by the license agreements they choose to enter into, and should respect them.
      Andd yes, not using GPL is sometimes the right choice.

    38. Re:My reason by arth1 · · Score: 1

      ok, you're great at making up theoretical problems.

      I assure you I am not.

      I am not at a liberty to discuss details of what former employees and clients use or did use, but I don't have to. There is enough open source software that is abandoned and won't compile out of the box, or won't cross-compile, or need older libraries to link with, which can't be built using the same build system.
      So you need glue and inventiveness. Often lots of it.

      And enough companies that run really old code bases that have to be refactored before you can even think of building it on modern build systems. Because the products they provide might have an even longer life. Would it be acceptable if your 10 year old car (or a 20 year old plane) stopped working due to a counter overflow, and the company said they couldn't make a firmware fix because their code won't build on a newer system? Of course not!

      It's not for nothing that companies like Red Hat provides 10 years support. Companies need to maintain legacy because the alternative is often far worse.

    39. Re:My reason by phantomfive · · Score: 1

      I assure you I am not.

      Maybe, or maybe not. One thing is certain: you are horrid at coming up with real-world problems. I've seen a lot of horrid build systems in my days, but never anything so horrid that it couldn't be released, or that would take man-years to write a document explaining how to build.

      --
      "First they came for the slanderers and i said nothing."
    40. Re:My reason by lgw · · Score: 1

      You've clearly never worked with a commercial crap codebase. Yes, it's completely insane to have a large codebase that's there's no proper documentation how to build, but it's shockingly common.

      It's more than "make", of course. What build tools need to be installed? What third-part libraries are needed? What's the specific version of every tol and library? What bizarre homegrown build scripts are run in the middle of the process to move the output of this step to where it's expected as the input for that step?

      If you're lucky, you have some sort of image of the build machine checked into source control; if not, you're really hoping the backups of the build machine are good!

      --
      Socialism: a lie told by totalitarians and believed by fools.
    41. Re:My reason by arkhan_jg · · Score: 1

      I'd rather simply disclaim it to the public domain.

      While I understand this, and agree that it would be nice to do so, in reality anything with no licence attached at all, yet inside the expiry date of copyright material may well lead people to thinking it's just an abandoned or owner-unknown copyrighted work, and not available for use.

      Using something like the CC0 licence - which you mention in another comment - you make it explicitly clear that you disclaim all rights, and that makes it clear that it's free to use, while still having the handy advantage of making sure you're still associated as the author for others to cite with confidence, and it doesn't end up claimed as someone else's work, nor will you see your name being used to endorse someone else's position without permission.

      For those who don't know the CC0 licence:

      "The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

      You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission.

      In no way are the patent or trademark rights of any person affected by CC0, nor are the rights that other persons may have in the work or in how the work is used, such as publicity or privacy rights.
      Unless expressly stated otherwise, the person who associated a work with this deed makes no warranties about the work, and disclaims liability for all uses of the work, to the fullest extent permitted by applicable law.
      When using or citing the work, you should not imply endorsement by the author or the affirmer."

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    42. Re:My reason by Neil_Brown · · Score: 1

      in reality anything with no licence attached at all, yet inside the expiry date of copyright material may well lead people to thinking it's just an abandoned or owner-unknown copyrighted work, and not available for use.

      You make a *very* good point, and not something I'd thought of before. If copyright were reversed, such that one had to register / take a visible step to obtain protection, then that would not be an issue but, given the current copyright regime, some kind of express marking would be needed... Although there would still be the challenge that how could a subsequent user/re-user of a work be sure that the marking had been applied correctly, and by the author...

      Food for thought, and perhaps an article, there — really appreciate your thoughts.

    43. Re:My reason by jedidiah · · Score: 1

      As the system evolved, the documentation should have evolved with it. At any time in it's evolution, it should have been fully documented. At any time in it's evolution, it should have been documented well enough for new hires to join the development team.

      This is just the BUILD process we're talking about here.

      It should all be well documented and based off of industry standard tools.

      Who tests this monstrosity? How do you do production support on it?

      --
      A Pirate and a Puritan look the same on a balance sheet.
    44. Re:My reason by phantomfive · · Score: 1

      As the system evolved, the documentation should have evolved with it. At any time in it's evolution, it should have been fully documented. At any time in it's evolution, it should have been documented well enough for new hires to join the development team.

      Exactly. And even if you didn't, and someone followed your sig, build processes aren't THAT complicated.

      --
      "First they came for the slanderers and i said nothing."
    45. Re:My reason by chris.alex.thomas · · Score: 1

      "pressure" is different from "legally binding" I'm afraid, therefore what I said is still accurate, you are not obligated to do it. just if you wanna be a nice guy.

  7. Bullshit by peppepz · · Score: 5, Informative
    Permissive licenses are universally chosen by companies (Android) while the GPL is chosen by community projects (Linux, gcc).

    MS-PL? Who on earth has ever heard of that license? Perhaps the fact that the only source of the data is a company that is connected to Microsoft has something to do with its mention? The fact that the same company has been emitting anti-GPL propaganda since 2008 is also interesting.

    Slashdot, please don't propagate astroturfing.

    1. Re:Bullshit by peppepz · · Score: 3, Informative

      It's possible, but to make a concrete example, as a user, the only reason I could upgrade my phone firmware after its manufacturer stopped supporting it is that Android's kernel is under the GPL. Users should always prefer GPL-licensed software as it only brings advantages for them. Instead, the trend today is to mark GPL as an extremist's license, because "software is a tool" and whatnot. Effectively cutting the branch on which we, as open source consumers, are sitting.

    2. Re:Bullshit by TheRaven64 · · Score: 2

      It's possible, but to make a concrete example, as a user, the only reason I could upgrade my phone firmware after its manufacturer stopped supporting it is that Android's kernel is under the GPL

      The only reason I can upgrade my phone firmware after the manufacturer stopped supporting it is that the manufacturer (HTC) chose to release an updated (but unsupported) version of the blob that controls the GPU and a few other things to the community. As far as I know, there are no Android phones that have a completely open stack, or even a completely open source set of drivers.

      This sounds like more of a reason to embrace community-friendly manufacturers than any particular license. The GPL in Linux hasn't prevented all Android phones from coming with binary-only drivers (if there are exceptions to this, please point them out to me), but being able to get long-term software support for their products (and therefore goodwill from users) without having to pay anything has made hardware manufacturers a lot more willing to cooperate willing to cooperates with groups like cyanogenmod.

      --
      I am TheRaven on Soylent News
    3. Re:Bullshit by peppepz · · Score: 1
      Tthe community of ROM hackers that grew around Android was able to develop only because the phone makers had to toss out the kernel tarballs for their devices - and they did it because of the GPL (they don't release the sources for Sense, or for certain glue between the kernel and Android). After that, the community convinced HTC to become more cooperative e.g. by unlocking the bootloaders, but this happened in a second moment.

      Have you ever seen anybody hacking on the source of a Symbian handset? Symbian was open source with a permissive license, and as a result not a single handset has ever run a single line of user-compiled code. And what about iDevices, isn't XNU open source too?

      The GPL in Linux hasn't prevented all Android phones from coming with binary-only drivers

      Well, at least some kernel developers aren't exactly convinced that binary blobs don't violate the GPL. Certainly you can't blame the GPL if vendors behave in a way that goes against its spirit, if not against its letter.

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

      BSD, MIT and various other permissive licenses don't seem to be having the kind of leeching that the GPL was originally concerned with.

      I don't know what do you mean by "leeching" but OS X is a copy of BSD UNIX, and if that is not leeching I don't know what is.

    5. Re:Bullshit by hawk · · Score: 1

      Universal?

      Netscape and OpenOffice, just off the cuff, used viral licenses while backed by Netscape & Sun

      hawk

    6. Re:Bullshit by ceoyoyo · · Score: 1

      Apparently you don't know what leeching is. Nor what OS X is.

      Darwin is based on BSD UNIX. It's not really a copy anymore since it's been under independent development for more than a decade. Darwin is a complete, working, open source OS.

      OS X is Darwin with a proprietary GUI and a few other non-essential proprietary bits added in.

  8. Incorrect title by Anonymous Coward · · Score: 0

    Even by the FSF's definition, "copyleft" and "free" are distinct terms. Every license in the summary is considered free by the FSF: BSD MIT ASL

  9. Not just misleading, it's outright incorrect by Anonymous Coward · · Score: 5, Informative

    Even by the FSF's definition, "copyleft" and "free" are distinct terms. Every license in the summary is considered free by the FSF: BSD MIT ASL

  10. The word you are looking for is copyleft by Hentes · · Score: 1

    All of these licences are opensource and all of the permit you to create derivative works. In what way is, for example, a MIT licence not free?

  11. Bull. Shit. by Anonymous Coward · · Score: 1, Informative

    Only copyleft licenses ensure that the development stays open and advances are returned to the community, by giving recipients of derived works access to the source and with it the freedom to change their software as they see fit. The only "freedom" that BSD style licenses add over copyleft licenses is to take all the freedom away from further recipients. The only people who benefit from that are people who value their own freedom over yours.

    1. Re:Bull. Shit. by Anonymous Coward · · Score: 0

      The only "freedom" that BSD style licenses add over copyleft licenses is to take all the freedom away from further recipients.

      If you accept this argument, then you must agree that IP infringement is theft (even if it's not material theft, it takes something from me). You can't have it both ways. Either your taking of my IP and using it for your own selfish ends harms me, or it doesn't.

  12. Shenanigans. by GNUALMAFUERTE · · Score: 2

    This is bullshit. It's counting by project, not by importance or size. I'm sure if we counted by lines of code, the GPL would still be #1.

    What's happening is that we are seeing new "projects" being created at an alarming rate, most of this projects being wordpress plugins that do nothing important, collections of shitty javascript functions, and themes for various CMS, forums, etc.

    Sure, it's full of kids that "just learned" the latest "cool" language (you know the type, Ruby, Python, etc) and just create some project that is either trivial, or is going nowhere past "we uploaded a readme and a roadmap to sourceforge". Half of sourceforge is dead projects.

    The truth is that projects aren't jumping ships. No GPL projects are trying to change their license.

    I could report "The earth is getting smaller and less important", but the truth is that the inflation of the universe doesn't change the size of the earth, just what percentage of the universe it represents.

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
    1. Re:Shenanigans. by pankkake · · Score: 1

      The Black Duck KnowledgeBase includes over 540,000 projects

      Looks like you're right, they must be counting every hipster Github project.

      As for projects with actual users, I've seen more migrations from GPL2 to 3

      --
      Kill all hipsters.
    2. Re:Shenanigans. by TheRaven64 · · Score: 3, Interesting

      The truth is that projects aren't jumping ships. No GPL projects are trying to change their license.

      Projects aren't relicensing (it's really hard!), but GPL'd projects are seeing competition from more permissively licensed alternatives. It looks like in FreeBSD 10 we'll be able to replace all of the GPL'd components of the base system with permissively licensed alternatives. Doing that five years ago would have been impossible.

      --
      I am TheRaven on Soylent News
    3. Re:Shenanigans. by Lucractius · · Score: 1

      I and many other BSD users... look forward to it.

      --
      XML - A clever joke would be here if /. didn't mangle tag brackets.
    4. Re:Shenanigans. by unixisc · · Score: 1

      You mean projects other than GNU projects, such as gcc, glibc and others? Which others?

    5. Re:Shenanigans. by TheRaven64 · · Score: 1

      You can keep an eye on the status here. Oh, and you're meant to say 'I and both other BSD users...'

      --
      I am TheRaven on Soylent News
  13. Re:Freedom is an absolute. You have it, or you don by cyber-vandal · · Score: 2

    The GPL is about the user's freedom not the developer's. It guarantees that the user can modify the source in any way they see fit without the developer locking them out now or later.

  14. Re:Freedom is an absolute. You have it, or you don by shentino · · Score: 3, Insightful

    Does anyone remember the adage "your right to swing your arm stops at your neighbor's nose"?

    BSD is that you can swing your arms however you like and if you wanna punch someone's nose, go for it
    GPL says that you can swing your arms as long as you don't punch anyone in the nose

    Punching someone in the nose, obviously, is taking open source work and making it proprietary.

    So lay off the false dichotomies and admit that freedom is not an all or nothing proposition.

    Another example, btw, is having the freedom to drink beer but not having the freedom to rob a liquor store.

  15. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Telling people that the GPL = Free is like when America told the slaves that they were free. Its a HUGE step forward but still FAR from free.

    I think you worded your comment perfectly and may help me explain to others in a way that can be better understood what free software really means. Thank you!

  16. GPL is counterproductivenow by thePowerOfGrayskull · · Score: 1, Insightful

    This is because (I'm wearing my flame-retardant suit) the GPL isn't necessary to preserve software freedom anymore; and in its own way is restrictive of those freedoms.

    1) It scares off a lot of people and companies who might otherwise use such software. Nobody wants to be caught staring down the barrel of a loaded lawyer because of their choice of software. Whether or not this fear is *realistic* is not relevant - it is a *real* fear.

    2) By using a license to force-propagate specific freedoms, we restrict other freedoms - namely the unfettered freedom to do whatever you want with the source.

    3) Free software is here. We've won. The strict rules of the GPL aren't necessary because people are willing to create, use, and propagate free software without them.

    A lot of newer projects are more concerned with getting their source adopted and in use than with making sure users contribute back. And the best way to get better adoption is to use a license that doesn't scare people (and lawyers).

    1. Re:GPL is counterproductivenow by Skuto · · Score: 5, Insightful

      Free software is here. We've won. The strict rules of the GPL aren't necessary because people are willing to create, use, and propagate free software without them.

      Citation needed.

      GPL3 focuses on anti-tivoization and patents. According to your reasoning, that's not needed because companies are voluntarily allowing their users to hack their devices, and they're not patenting software? You must live on another planet. Without an axe to wield like the GPL, free software is dead in 5 years. It's annoying so many people are just so incredibly naive, or corporate brainwashed, in this regard.

    2. Re:GPL is counterproductivenow by Anonymous Coward · · Score: 0

      Whether or not this fear is *realistic* is not relevant - it is a *real* fear.

      So you're saying that ignorant superstitious people should be able to bully people who know what they're talking about into doing something suboptimal for themselves?

      A lot of newer projects are more concerned with getting their source adopted and in use than with making sure users contribute back.

      That's for each individual project to decide, and if some projects consider the latter more important then they're perfectly entitled to use a licence that helps promote that.

    3. Re:GPL is counterproductivenow by Anonymous Coward · · Score: 0

      The same arguments could be made about democracy. Democracy is here, we've won. Not allowing people the freedom to establish an undemocratic government is force-propagation of specific freedoms. I guess we don't need the constitution anymore.

    4. Re:GPL is counterproductivenow by drinkypoo · · Score: 3, Informative

      A lot of newer projects are more concerned with getting their source adopted and in use than with making sure users contribute back. And the best way to get better adoption is to use a license that doesn't scare people (and lawyers).

      Licenses which aren't the GPL scare me, because I always assume that eventually the critical people will end up working for some company that manages a closed fork.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:GPL is counterproductivenow by thePowerOfGrayskull · · Score: 1

      A lot of newer projects are more concerned with getting their source adopted and in use than with making sure users contribute back. And the best way to get better adoption is to use a license that doesn't scare people (and lawyers).

      Licenses which aren't the GPL scare me, because I always assume that eventually the critical people will end up working for some company that manages a closed fork.

      That's definitely possible, yet this does not give those core contributors - or their new corporate overlords - the means to remove the original source from circulation. It can still be picked up by others and improved upon.

      And if the project is so reliant on those specific individuals that this isn't realistic, I would argue it's not safe to rely on such a project to begin with due to the unpredictable nature of busses.

    6. Re:GPL is counterproductivenow by thePowerOfGrayskull · · Score: 1

      Ignoring the cherry-picking from my original post, device integration is not a consideration for most cases. Certainly not for the vast majority of oss projects that are software only.

      Aside from your mischaracterization of my statements, please explain how all OSS would up and disappear (or otherwise be "dead") in five years if people stopped licensing new software under the GPL? How do you explain the continued success of projects under more permissive licenses such as mit, apache, and bsd?

      I don't understand how you logically conclude that free software would die when all evidence shows that it thrives under non-GPL licensing.

    7. Re:GPL is counterproductivenow by Anonymous Coward · · Score: 0

      I assume you aren't too familiar with the Linux community and especially distro behaviour?
      There is a big cultural difference...

      On Windows, if I encounter some freeware program last released in 2009 and it does what I want, I'll simply use it. On Linux, I will look for newer releases, and if there aren't any, for alternatives. Simply because its ancient and unmaintained! (aka crap)

      Distros are regularly throwing out software that doesn't have a designated maintainer responsible for keeping it alive. (for "feature-finished" projects, that's simply someone who says: "email me if you discover a security flaw")
      Yes, it's a luxury, but we have come to like and require it.

      Licenses which aren't the GPL scare me, because I always assume that eventually the critical people will end up working for some company that manages a closed fork.

      That's definitely possible, yet this does not give those core contributors - or their new corporate overlords - the means to remove the original source from circulation. It can still be picked up by others and improved upon.

      Technically true, but the version that's going forward is still the one with the core contributors, at least for some time until the other gets the chance to pick up speed (if that happens).
      So why not keep any useful changes available?

      And if the project is so reliant on those specific individuals that this isn't realistic, I would argue it's not safe to rely on such a project to begin with due to the unpredictable nature of busses.

      Wouldn't you agree that taking the most experienced/productive/leading coder out of a project with 20 or less developers will seriously delay it? Doesn't matter if it's proprietary or free, the only problem is that FOSS projects are much more vulnerable to developer siphoning than their proprietary counterparts (paid, NDAs, don't-work-for-competitors or -in-the-industry-for-X-years clauses, ...)

    8. Re:GPL is counterproductivenow by smash · · Score: 1

      Continue using the open pre-fork version?

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    9. Re:GPL is counterproductivenow by drinkypoo · · Score: 1

      Continue using the open pre-fork version?

      Thing is, I don't want to donate MY time even as a bug finder to a project which is going to close. So I prefer the GPL so that my time will go to something I will continue to be able to use.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:GPL is counterproductivenow by smash · · Score: 1

      The open version is not closed, and remains in the wild? You can continue to use YOUR contributions?

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    11. Re:GPL is counterproductivenow by drinkypoo · · Score: 1

      The open version is not closed, and remains in the wild? You can continue to use YOUR contributions?

      But if the core developers go to the closed version then my contributions languish while new devs pick up the project, if ever. It's not about preventing profit, it's about making the most out of my work. With the GPL I have the most likelihood of that.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    12. Re:GPL is counterproductivenow by smash · · Score: 1

      No, with the GPL you are making the most of other people's work, whether they like it or not. No one can take YOUR work away from you.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  17. You're wrong and your mods are wrong by Anonymous Coward · · Score: 0

    In this context, free does not refer to price. I'm amazed, given your UID, that you do not know that, and that the mods do not know that.

    Read
    http://en.wikipedia.org/wiki/Free_and_open_source_software

    Read
    https://www.gnu.org/philosophy/free-software-for-freedom.html

    I'm really, honestly quite amazed that readers on slashdot are so completely ignorant about these facts. Once upon a time, the free-vs-open debate was the single most important one here.

    This isn't the place I knew, this isn't the place I thought it was.

    1. Re:You're wrong and your mods are wrong by Anonymous Coward · · Score: 0

      > This isn't the place I knew, this isn't the place I thought it was.

      Same opinion here. I guess I've been here since when /. was not widely known. AC opinions were taken for their merit, now they're automatically demoted for being Anonymous!

      And every kind of animal can register and get promoted to +1, whatever.

      Actually the karma system does not deserve this name anymore, because it refelects the various agendas of so called "moderators" who do not moderate at all. It's like M$ flooding ISO all over again.

      They learned how to fsck up with democracy...

  18. Re:Freedom is an absolute. You have it, or you don by Bert64 · · Score: 4, Insightful

    In order to have true freedom, then someone must have the freedom to take away any and all freedoms from someone else...

    A truly free system will never last, because a few will always abuse that freedom to subjugate others. That's why we have society, where everyone is provided a certain level of freedom while sacrificing some too.

    It's a compromise, because going too far either way doesn't work... The GPL works the same way as society does.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  19. Lame by zidium · · Score: 1

    That was an incredibly lame ad hominem.

    --
    Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
  20. Re:Who the fuck is Brian Proffitt? by Anonymous Coward · · Score: 0

    Don't kill the messenger just because you don't like the message.

  21. Re:Freedom is an absolute. You have it, or you don by zidium · · Score: 0

    If someone can monetize your code better than you, that's your problem.

    If you don't like it, relicense to a -- gasp!! -- proprietary license and let copyright protect you in the future.

    Stop being all butt hurt cuz someone took your work, made it better, and released to people who were willing to pay for it. In the end, your creation is obviously making the world a better place if that's occured, so put it on your resume/cv and move on with life.

    --
    Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
  22. easy tiger by luis_a_espinal · · Score: 5, Insightful

    Just who in the fuck is Brian Proffitt? Up until now, I'd never heard of him. I can't think of any open source software project he's worked on, or even helped lead.

    Maybe I'm just ignorant about his accomplishments. If so, please inform me of them. Otherwise, can somebody tell me why I should care what he has to say about this, or anything else?

    He's a tech journalist, which by itself doesn't say if he's technically capable or not. And that, technical capacity is not a function of one's visible/publicized/recognized technical accomplishments in the field in question. There are tons and tons of people out there that have never contributed to, say the Linux kernel or the GCC toolchain, but who, by usage, observation and/or academic expertise (any combination thereof) can tell any random /.er how that shit works.

    Your post smacks of arrogance (as it pairs the possible validity of the argument to YOU knowing the author - I mean who are you?). Secondly, your statement has a pedestrian, juvenile ad-hominem'ey nature. One would think /.ers who think themselves acutely intellectual would recognize it as such.

    You don't attack a position by saying "who is this?". You do so by asking "what is this", by analyzing the merits of the arguments being written.

    If the sole measure of an argument's worthiness of your time is whether the person who makes it is a publicly accomplished figure, then man, you should go tell Muhammad Ali that he was wrong for using Angelo Dundee (who learned the trade of boxing training and being a corner man by being a "bucket boy".) Or you should go tell countless of MMA fighters not to train with Eddie Bravo (who has no MMA record.)

    Strategists and analysts (even in the ethereal fields of software journalism) are not necessarily made from being in the trenches or for having delivered an opus dei recognized by the fanboi masses. To pretend otherwise is just arrogance and an inability to argue a piece's worth without having to rely on ad hominem.

    I mean for all we know, Proffitt's work is shit, or people feeds him stuff that he then publicizes on his name. But you don't get to that conclusion by saying "who the fuck he is", but by saying "let me try to be a little bit intelligent and analyze this thing if it makes sense or not."

    If you don't have the time to do that, why do you bother asking "who the fuck is he". I mean, who the fuck are you to feel the necessity to say that? That's just being embarrassingly childish and sadly spiteful.

    1. Re:easy tiger by Anonymous Coward · · Score: 0

      There does a come a point where you have to evaluate whether a source is trustworthy. A journalists/analyst's main credential is credibility. If said person lacks it, then the information being conveyed requires extra scrutiny. Asking 'who is he?', to me, is a less strict version of 'is this person credible?' In the particular case of Brian Proffitt, a previous post by him on Hadoop showed that he completely misunderstood the technology and didn't understand the current state of the project. So my particular answer would be 'No'.

  23. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Another example, btw, is having the freedom to drink beer but not having the freedom to rob a liquor store.

    Entirely missing the point. The Dev provides the 'Beer'. The User can tell people he/she helped make the beer his/herself or perhaps add lime to it and call it his/her own specialty 'Beer'. The User may also drink the beer in public if he/she chooses to do so (until law-enforcement intervenes).

    The same applies to software. The Dev provides the Free & Open Software. The User can tell people he/she helped make the software or tweak it and sell it as his/her own proprietary software. The User may also use the Software for malicious purposes if he/she chooses to do so (until law-enforcement intervenes).

  24. Re:Freedom is an absolute. You have it, or you don by Bill_the_Engineer · · Score: 0

    GPL says that you can swing your arms as long as you don't punch my nose.

    FTFY

    GPL is more for protecting the originating developer's right, while the BSD protects the user's freedoms. For example under BSD, the users are free to do whatever they want with the code (as long as they give credit). On the other hand, GPL users are also free to do whatever they want with the exception that they must provide the source code of any modifications back to the original author.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  25. Re:Freedom is an absolute. You have it, or you don by TheRaven64 · · Score: 2

    The GPL is about the user's freedom not the developer's

    Is the user more free because he can't distribute a plugin that uses an LGPLv3 library with a program that uses GPLv2 while exercising the FSF's Freedom 2 (The freedom to redistribute copies so you can help your neighbor)? Is the user more free because he can't combine libraries using either the Apple Public Source license, the Mozilla Public License, the Common Development and Distribution License or the Apache Software Foundation License (all FSF-approved Free Software licenses) with a GPL'd application?

    It guarantees that the user can modify the source in any way they see fit without the developer locking them out now or later.

    Any Free or Open Source license guarantees this. If I have some MIT licensed code, for example, I have an irrevocable license (unlike the GPL, by the way, which has some revocation terms built into the license, and more aggressive ones in GPLv3) that allow me to continue to use it, distribute it, and distribute derived works of it in perpetuity. The only thing that the GPL prevents is someone other than the copyright holder from creating a new version and distributing it without granting these same rights (the GPL does not prevent the copyright holder from taking something closed source). In either case, the last open version is likely to be forked if enough people care about it.

    --
    I am TheRaven on Soylent News
  26. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Sounds like you are the one who is butthurt.

  27. Re:Freedom is an absolute. You have it, or you don by Requiem18th · · Score: 3, Insightful

    If someone can write code better than you, that's your problem.

    If you don't like it, -- gasp!! -- write your own code in the future.

    Stop being all butt hurt cuz you can't take someone's work, make it better, and release to people who were willing to pay for it. In the end, your creation is obviously making the world a better place if you share it, so put it on your resume/cv and move on with life.

    --
    But... the future refused to change.
  28. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    BSD is that you can swing your arms however you like and if you wanna punch someone's nose, go for it
    GPL says that you can swing your arms as long as you don't punch anyone in the nose

    Punching someone in the nose, obviously, is taking open source work and making it proprietary.

    This is an absolutely horrible analogy and you're using loaded words.

    Punching someone causes harm to that person (even if they may have deserved it); making something proprietary is not ipso facto harmful. Implying such a thing is just a dirty argumentative trick to paint it in a negative light.

    If the BSD and X11 people thought that allowing other folks to make things proprietary was bad they would have chosen another license. As it stands, we have very useful products from NetApp, Juniper, Isilon, Panasas, Sand Vine, and Apple (OS X uses FreeBSD). We have a pretty damn good (and secure) remove connection system (OpenSSH) that is widely used in third-party products. All because of the more open attitude of some people.

    Permissively licensed software has benefited the world a huge amount, both in terms technological infrastructure, and in economic terms by allowing companies to build on a strong foundation. As has copyleft licensed software.

    If you don't want permissive software for your project don't use it. But please don't disparage permissive licenses: some people want to give their work to the world as a gift: freely given with no expectation of anything in return.

    If you want put something into the world with strings attached (GPL), that's fine, but why hate on those who don't care for strings (BSD/X11)?

  29. Hyperbole alert! by drinkypoo · · Score: 2

    Punching someone in the nose, obviously, is taking open source work and making it proprietary.

    So what do you call it when someone copies an open source work and makes a proprietary fork? Because you are making the classic mistake of theft vs. copyright infringement all over again. If I copy your source code I have not taken it, because I have not deprived you of it, which is what happens when you take something. It goes from one person's possession to another and the first party has had something taken.

    As it turns out, the first party has been deprived of an unnaturally created "right" to control who may make copies. But is this equivalent to punching someone in the nose, or to cutting in line?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Hyperbole alert! by unapersson · · Score: 1

      You've got it upside down, the recipient of the proprietary fork has been deprived of the ability to change the code and/or redistribute. It's not the original coder that's been deprived of anything, it's the recipients of the closed version that have lost out.

    2. Re:Hyperbole alert! by drinkypoo · · Score: 1

      It's not the original coder that's been deprived of anything, it's the recipients of the closed version that have lost out.

      No, you're quite simply wrong. The original coder has been deprived of their artificially created right to control who makes copies, and the users have been deprived of the right to make changes.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Hyperbole alert! by Anonymous Coward · · Score: 0

      But those recipients don't care. That's why they bought the closed version.

  30. Re:Freedom is an absolute. You have it, or you don by drinkypoo · · Score: 1

    Is the user more free because he can't distribute a plugin that uses an LGPLv3 library with a program that uses GPLv2 while exercising the FSF's Freedom 2 (The freedom to redistribute copies so you can help your neighbor)?

    Is it actually the case that he cannot distribute the plugin, or only that he must distribute all the source code?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  31. What a dupe. by Anonymous Coward · · Score: 1

    http://developers.slashdot.org/story/11/12/17/1735253/gpl-copyleft-use-declining-fast

    Also, this:

    http://blogs.the451group.com/opensource/2011/12/15/on-the-continuing-decline-of-the-gpl/

    "UPDATE – It is has been rightfully noted that this decline relates to the proportion of all open source software, while the number of projects using the GPL family has increased in real terms. Using Black Duck’s figures we can calculate that in fact the number of projects using the GPL family of licenses grew 15% between June 2009 and December 2011, from 105,822 to 121,928. However, in the same time period the total number of open source projects grew 31% in real terms, while the number of projects using permissive licenses grew 117%. – UPDATE"

  32. Re:Who the fuck is Brian Proffitt? by Anonymous Coward · · Score: 0

    "Maybe I'm just ignorant ... "

    Maybe you should have stopped right there.

  33. Re:Freedom is an absolute. You have it, or you don by cyber-vandal · · Score: 4, Insightful

    The GPL prevents the user from having to depend on you for fixes to the software since the GPL requires you to supply the source. The MIT license does not require you to supply the source. This is about freedom for the user. The developer already has the freedom to not use the GPL or software licensed under it in anything they create. As I said already the GPL is about the freedom of the customer not the supplier.

  34. Re:Freedom is an absolute. You have it, or you don by shentino · · Score: 4, Informative

    If you're telling the end user that they'll be raped by the DMCA if they try to tweak your proprietary product which was based on my open source project, don't you think I'd be kinda pissed?

    This is exactly the sort of thing that the GPL prevents. It keeps you from using my code to be a dick.

    My open soruce GPL code is mine just as arguably as your proprietary product is yours.

    So how is your freedom to lock out your users and competitors any different from my freedom to not let you use my code to do it?

    What's good for the goose is good for the gander. If you want the freedom to be proprietary, I should also have the freedom not to cooperate.

  35. Screwdrivers and Religiions by dbc · · Score: 1

    Choose a license the way you choose a screwdriver, not the way you choose a religion.

    What are your goals? Are you inventing a new protocol that you want everyone, everywhere, to integrate and ship with their software, be it open or proprietary? Then you want a BSD-like or MIT-like license.

    Do you want to have control over the commercial uses of your work, while keep non-commercial use low cost? Then GPL or similar is for you.

    At one hardware company I worked at, we released drivers under BSD. From the company perspective, it was a great "fire and forget" license for situations where that was appropriate, and, as one company lawyer put it to me: "Don't worry, a freely available version will always be available, because somebody will take our code and fork it with a GPL license about seven seconds after we release it anyway."

    Religious wars over licenses are really pointless. Choose a license that accomplishes your goals. Different situations call for different tools.

    1. Re:Screwdrivers and Religiions by Edam · · Score: 1

      I agree, but with two exceptions. Firstly, it's not always "either or". For example, if you were to choose a screwdriver and had the choice between one that was made from Chinese child-labour, or one that was made locally, ethics can play a part in the decision. Secondly, you should not confuse valuing user freedom with religion. However fanatically, the former is an ethical consideration whereas the latter is superstition.

      I would like to add that if you are "inventing a new protocol that you want everyone, everywhere, to integrate and ship with their software, be it open or proprietary", then the LGPL is quite suitable for libraries as well.

      And also, that the GPL is not primarily about having "control over the commercial uses of your work", although it is used that way. The GPL is intended to be about enforcing freedom for all users.

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
    2. Re:Screwdrivers and Religiions by dbc · · Score: 1

      I love that phrase "enforcing freedom" -- have you thought deeply about that?

    3. Re:Screwdrivers and Religiions by Edam · · Score: 1

      Have you?

      By restricting an individual from denying everyone else's freedoms, *overall* there is more freedom in society. It works the same way as a free society in which you are not free to go round killing people.

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
  36. Re:Freedom is an absolute. You have it, or you don by phantomfive · · Score: 4, Informative

    If someone can monetize your code better than you, that's your problem.

    GPL is for people who don't mind if their code is monetized, in fact they may even encourage it, as long as the code (and derivative code) remains open. It isn't about monetizing, it's about staying open.

    --
    "First they came for the slanderers and i said nothing."
  37. Who's Making Software, for What by ninetyninebottles · · Score: 2

    Copyleft licenses like GPL have always been ideal for projects where you're trying to build something you use in conjunction with others that use it. It's a community contract for building a shared tool with many contributors where one competitor forking it is a danger. This is great for things like LibreOffice or Webkit. Developers are large users and so long as it is a shared resource no one party gets an advantage.

    Open, permissive licenses like BSD have always been better for component level technology or proposed new standard protocols or other software that requires both interoperability and adoption to have value. Things like drivers, services that run communication protocols, and generic system services all fit into this category. In these cases barriers to adoption (like dropping it into a bunch of closed source code) are detrimental to the project as a whole. It's better if MS takes it and incorporates it into Windows, even if they don't contribute anything back.

    So an increase in the proportion of the latter category is hardly surprising as technology trends change. The move to mobile devices, cheaper targeted hardware manufacturing, and smaller, more efficient computing components lead to an increased number of projects in this latter category. Building a service to print wirelessly from your tablet? Why wouldn't you want you code as widely adopted and thus as widely supported by printer makers as possible? Does a competitor closing the source on the audio driver you built really give them any sort of advantage over a GPL where they have to give bug fixes back (but probably won't do much since you already made a feature complete product)?

    It used to be the only place we saw this sort of development was in the Linux and BSD server markets because hardware costs made it out of the reach of those who built small devices. Now WindRiver and the like are taking a back seat as the market is flooded with cheap, small components. Most everyone in the industry has seen this trend ramping up for a long time. It isn't an ideological shift. We are all still applying the licenses that make sense to our projects. There are just more projects in the latter category now because the environment has changed.

  38. Re:Freedom is an absolute. You have it, or you don by GameboyRMH · · Score: 2

    You only have to return changes back to the community if you redistribute the resulting program. You're free to use the altered app privately, including within a company.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  39. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    GPL users are also free to do whatever they want with the exception that they must provide the source code of any modifications back to the original author.

    This is incorrect - nothing in the GPL requires you to send anything back to the original author.

  40. Re:Freedom is an absolute. You have it, or you don by LurkerXXX · · Score: 1

    Sorry, BSD is not a punch in the nose. They can't take an open source work and make it proprietary. They can make a COPY of the open source work proprietary. The open source work itself is still open. Anyone can get a copy of the open work and use it to do whatever they like. They don't take anything away from you by making their own private copy.

  41. Open vs Free by unixisc · · Score: 5, Insightful

    There is very much a difference. A lot more licenses are considered 'open' than 'free', even while containing provisions that make it more palatable for the software creators. Look at the 2 lists that I linked to. The ones mentioned as 'open' are simply listed and categorized by their utility, w/o any judgement calls about their ethics, while GNU is more interested in listing them according to their purity i.e. similarity to the GPL itself. So it's small wonder that projects would pick an 'open' but not 'free' license - there are simply more of the latter than the former, and w/o onerous restrictions on software creators.

    Contrary to myth, the Open Source movement, rather than the FSF, is the reason we have such major open source software such as Open Office, Firefox, Chromium, Apache, Android, and so on - if you notice, most of them are not GPL, and even Linus has decided not to make his kernel GPL3. If anything, companies like Sun went for things like the CDDL because it is not GPL. Oh, and before anyone says 'Android is Linux', Android is released under an Apache license and not GPL 2 nor 3.

    I'd credit the likes of the OSI in helping popularize the Open Source model and bringing it to where it is. Unlike the FSF, it is not hostile to corporate interests and prefers to promote the advantages of this development model, rather than moralizing about the 'ethics' of 'Free Software'. Speaking of which, what is this 'community' that RMS, and you are talking of? People typically buy/download for free/copy software that they want to use, and use it. Most people don't, and won't, tinker w/ source code, nor pay someone else to tinker w/ them - if a software doesn't work the way they need, they either look for alternatives or workarounds.

    ESR mentioned some of that in the 'Cathedral and the Bazaar', where he noted that worse than the confusion over the word 'free' was the perception that the FSF was down and out hostile to business. I'd say that that perception is accurate - name me one company (not non-profit organization like FSF) that Stallman endorses. As I've pointed out several times in the past, Freedom 2 of GNU is the poison pill in the GNU charter that makes it the most business hostile model. If a company, otoh, is fine w/ distributing its source code to its customers, but restricts re-distribution further downstream (for the obvious reason that they want to sell to those downstream potential customers themselves, and not have the value of their work diluted by other people who put no effort into it simply distributing it for free or their own profits), then they are more likely to find a sympathetic solution from OSI than FSF, who probably wouldn't give them the time of day.

    There is only one case that I can think of where 'free' is a better idea than 'open'. It is the case of when a company is releasing support software for a competitor, like the recent story on /. about a TI employee writing FOSS drivers for QCOM in his free time the same way that he was writing FOSS drivers for TI in his work time. In such a case, it would be a good idea to use something like GPL3, just so that QCOM cannot make use of a non-employee's unpaid work and then include enhancements after making that proprietary. While it would have been perfectly ethical for them to do it w/ their own paid employees, it is somewhat unethical for them to do it w/ work done by employees of their competitors off the clock.

    1. Re:Open vs Free by cheesybagel · · Score: 1

      Sun is bankrupt.

    2. Re:Open vs Free by Edam · · Score: 1

      [free software licences have] onerous restrictions on software creators.

      These restrictions are not "onerous" if you are concerned software/user freedom, which they are there to protect.

      the Open Source movement, rather than the FSF, is the reason we have such major open source software

      This goes without saying. I'm sure the free software movement, rather than the OSI, is the reason we have such major *free* software.

      if you notice, most [major open source software] are not GPL

      That is because they are probably not as concerned with software and user freedom as they are being able to make money from their software. Unless you believe these projects were ill-informed when making a choice about licensing, it follows that their license choice reflects their goals, which are not as aligned with those of the free software movement as they are the open-source movement. That's all.

      Linus has decided not to make his kernel GPL3.

      This has more to do with not being able to obtain permission from the many, many contributors.

      Android is released under an Apache license and not GPL 2 nor 3.

      Parts of Android, like the Linux kernel, *are* released under the GPL.

      Unlike the FSF, [the OSI] is not hostile to corporate interests and prefers to promote the advantages of this development model, rather than moralizing about the 'ethics' of 'Free Software'.

      The FSF is not hostile to corporate interests.

      Speaking of which, what is this 'community' that RMS, and you are talking of? People typically [...]

      Just because people "typically" aren't involved in the free software community doesn't mean that it doesn't exist!

      I'd say that [the perception that the FSF is down and out hostile to business] is accurate - name me one company (not non-profit organization like FSF) that Stallman endorses.

      Why should he? And why would not doing so make free software hostile to business? It doesn't follow.

      It is often the case that motives surrounding software freedom clash with those of profit. That is to say, all too often companies make profit by preventing access and limiting rights to software which they have written. I'm not saying this it wrong, but only that it is often at odds with free software. But do not confuse this situation for one in which those who are interested in free software are hostile to business. That is simply untrue.

      If a company, otoh, is fine w/ distributing its source code to its customers, but restricts re-distribution further downstream (for the obvious reason that they want to sell to those downstream potential customers themselves, and not have the value of their work diluted by other people who put no effort into it simply distributing it for free or their own profits)

      The answer here is obvious: the company values the financial value of its work above software and user freedom. So the GPL is unsuitable for its purposes.

      Conclusion

      You seem to be rather against the free software movement, for reasons that I can not fathom. Sure, I could understand you not caring about the issues the free software folks do. Or I could understand you caring about those issues, but feeling that the free software folks are going about solving them in the wrong way. I could understand you not wanting to be part of it. But why so hostile? Before people start to assume that you are a paid astroturfer or -- worse still -- that you are ignorant, perhaps you would like to explain your hostility, rather than apathy, towards something that is largely accepted to be working for the benefit of software and user freedom?

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
    3. Re:Open vs Free by Anonymous Coward · · Score: 0

      You seem to be rather against the free software movement, for reasons that I can not fathom. ... I could understand you not wanting to be part of it. But why so hostile?

      Those who hate the GPL/FSF usually have found some GPL software that they want to exploit commercially and are angry because the terms of the license don't allow it.

      They're pissed off because the authors didn't just give them their code unconditionally. In other words, they think they are owed something.

    4. Re:Open vs Free by unixisc · · Score: 1

      [free software licences have] onerous restrictions on software creators.

      These restrictions are not "onerous" if you are concerned software/user freedom, which they are there to protect.

      You are welcome to argue about who deserves more 'freedom'. However, when the people who produce the software are denied by a license the freedom to determine the future of the software - be it its price, whether it can be redistributed or not, whether it can be altered or not, and more freedom is given to people who had nothing to do w/ creating it in the first place, people can be excused for thinking that you are out to give the latter set of people a potentially infinite ROI, while at the same time, putting a practical cap on the ROI that the former set of people may earn.

      the Open Source movement, rather than the FSF, is the reason we have such major open source software

      This goes without saying. I'm sure the free software movement, rather than the OSI, is the reason we have such major *free* software.

      That's cute, but I wasn't engaging in a semantic definition. All the major software titles I listed above that do make their source code available to their users (regardless of whether you call them 'free' or 'open' - we need to come back to that in a bit given the semantic contortions that RMS liberally indulges in) adapted licenses that the OSI has no problems calling 'Open'. Even though some of them are listed as 'free' by the FSF, it goes on to urge people not to use those 'free' licenses if they are incompatible w/ the GPL.

      if you notice, most [major open source software] are not GPL

      That is because they are probably not as concerned with software and user freedom as they are being able to make money from their software. Unless you believe these projects were ill-informed when making a choice about licensing, it follows that their license choice reflects their goals, which are not as aligned with those of the free software movement as they are the open-source movement. That's all.

      Not just that, but there's also the fact that the people who work on those projects need to survive on that work, not other activities that they may or may not have time to do. If they were to respect freedom 2 of the GNU, they'd automatically limit the number of customers that they can actually make money from, while at the same time, their customers may potentially become their competitors. If you think otherwise, do explain that if I were to hypothetically sell a 'free' software title - let's say GPL3ed and all priced @ $100.00 - to customer C, and C were to distribute it @ $0.00 to customer D, would the FSF consider that a lost sale for me, or no? Or would you consider that if it weren't sponged off me, D wouldn't have been interested in using it in the first place?

      Linus has decided not to make his kernel GPL3.

      This has more to do with not being able to obtain permission from the many, many contributors.

      No, he is explicitly on record as saying that he personally doesn't want to convert any of his code . It's true that in a subsequent interview in 2007, he conceded that had GPL2 not been there, he 'could see himself use GPL3'. But nowhere did he say that getting permission from many, many other contributors was the reason - his reason was that he preferred GPL2.

      Android is released under an Apache license and not GPL 2 nor 3.

      Parts of Android, like the Linux kernel, *are* released under the GPL.

      Ok

      Unlike the FSF, [the OSI] is not

    5. Re:Open vs Free by unixisc · · Score: 1

      The GPL very much allows anyone to sell, or 'commercially exploit' GPLed software. Only thing they cannot do is prevent further distribution downstream, but I don't see why that should be a problem for people who had nothing to do w/ creating that software in the first place: that should only be a problem for the original software creators (unless one is talking about other people wanting to take such software and make it proprietary.) What they are getting away w/ - the right to take something and then sell it - w/ or w/o any enhancements - at any price the market will bear - is pretty generous in itself, as I mention to Eben below.

      If anybody thinks they're owed something, it's the advocates of 'free software', who ask software creators to put their code under the GPL, so that people who get their software are at liberty to give or sell that software themselves to others w/o having gone through all the time and expense of putting all that together. Wonder whether they'd be just as generous w/ something they put considerable effort in creating themselves, particularly if that happens to be their livelihood?

    6. Re:Open vs Free by Anonymous Coward · · Score: 0

      The GPL very much allows anyone to sell, or 'commercially exploit' GPLed software. Only thing they cannot do is prevent further distribution downstream

      Right, that's what I meant - it was implied that the exploitation involves closing the source.

      If anybody thinks they're owed something, it's the advocates of 'free software', who ask software creators to put their code under the GPL, so that people who get their software are at liberty to give or sell that software themselves to others w/o having gone through all the time and expense of putting all that together.

      "Helping your neighbor," you mean. How am I supposed to contribute to a project if the author doesn't extend me the right to redistribute my changes?

    7. Re:Open vs Free by unixisc · · Score: 1

      You are assuming a lot about the author's needs. It may well be that the author makes his/her living from this software, in which case, your redistributing it and 'helping your neighbor' only contributes in fewer sales for the author. Enough people like you, and the author will be out of business. Why would anybody in his/her right mind pick such a business strategy?

      Many companies that are interested in open-sourcing their products have done so using licenses not compatible w/ GPL, or w/ licenses that may be considered 'open' but not 'free'. In the scenario that you spelt out above, a company whose software you want to change and redistribute might want to spell out what you can or cannot do, depending on the threats to their sources of income. It may involve royalty payments on every copy you distribute, or some variation of it. That at least keeps them in business, while allowing you to do your thing, albeit at an incremental cost to you. Some might require you to contribute back your changes (like GPL does), or fork the project (like Mozilla did w/ Iceweasel) and so on. My point is that the needs of companies vary, but the FSF has defined one goal - 'software freedom' - which is most important. Which would be fine, if they weren't so sanctimonius about it.

    8. Re:Open vs Free by Anonymous Coward · · Score: 0

      If you make your living selling software, then no, you probably shouldn't give it away (or sell it but authorize others to give it away).

      FSF can be sanctimonious, but they are clear about their goals: all software should be Free. They are unequivocally against the proprietary for-profit model of software distribution that is the norm today. Their motive, however, is not to prevent people from making money from software.

      The fact that it's possible to make MS-scale fortunes by selling software is sort of a quirk of history anyway. If the pendulum had swung toward interpreted languages rather than compiled, it would be practically impossible to distribute binaries instead of source anyway. Believe it or not, once upon a time people did make money with computers without selling proprietary software packages.

    9. Re:Open vs Free by unixisc · · Score: 1

      Not to belabor the point, but if the goals of the FSF were limited to insisting that source code should always accompany binaries wherever they go, it would be a much more worthy goal. By insisting however, that people be free to 'help their neighbor' by redistributing the software they got, the FSF - even while it may not be intending to prevent people from making money from software, ends up doing precisely that. If software creators cannot prevent their customers from selling or redistributing their creations, they are forced to find either other ways of making money of that software, or use some other activity to recoup their costs. The latter is a guarantee that sooner or later, they'd have to stop making 'free software', while the former is something that works only in specialized cases - think of an author of CAD tools, or think about a company like RedHat. In Red Hat's case, as Centos demonstrated, offering the same thing sans the paid service is something a lot of customers would be only too happy to take, thereby making Red Hat's model somewhat leaky.

    10. Re:Open vs Free by Anonymous Coward · · Score: 0

      Not sure what your point is, exactly? That if all software were free, it would be difficult to sell software? That's not exactly news to the FSF.

    11. Re:Open vs Free by unixisc · · Score: 1

      My point is that 'help your neighbor' and freedom to distribute software should not be among the freedoms used as a litmus test to define whether a particular software is free.

    12. Re:Open vs Free by Edam · · Score: 1

      [...] when the people who produce the software are denied by a license the freedom to determine the future of the software [...]

      I have no idea which specific circumstances you are referring to, if any, but it sounds like a simple licensing error to me. Why would a person who produces software and who wants to retain the kind of control that you talk about over it and its source code choose the GPL? They want to write proprietary software, by the sounds of it. The GPL is there for people who don't want to retain that kind of control and want to give the software to the world.

      the Open Source movement, rather than the FSF, is the reason we have such major open source software

      This goes without saying. I'm sure the free software movement, rather than the OSI, is the reason we have such major *free* software.

      That's cute, but I wasn't engaging in a semantic definition. [...]

      While it may be convenient for you to discount any difference between free and open-source software, it is not a premise that I, the FSF, other free software developers and most open-source developers (for that matter) are likely to accept. If you want to talk about what the FSF has and has not achieved, you need to be prepared to talk about their specific goals over those of open-source. Otherwise what you are saying is meaningless.

      if you notice, most [major open source software] are not GPL

      That is because they are probably not as concerned with software and user freedom [...]

      Not just that, but there's also the fact that the people who work on those projects need to survive on that work [...]

      This is not something specific to the GNU GPL, but to all free and open-source software licences. Releasing your source code under one of these licences is akin to giving it away to the community, for free, in perpetuity. And this is usually the reason for choosing the licence.

      No, [Linus] is explicitly on record as saying that he personally doesn't want to convert any of his code [to GPLv3]

      OK, yes. I was trying to point out that there there is doubt as to whether it would be possible to relicense the kernel. But you are correct: my point is moot if Torvalds doesn't want to.

      The FSF is not hostile to corporate interests.

      Okay, name me one company whose policies on 'software freedom' the FSF endorses.

      As I said in relation to RMS: just because the FSF do not endorse any companies, it doesn't follow that they are *hostile* to corporate interests.

      I'd wager that the number of employees working in companies that do proprietary software is larger than the 'community' of which you're so proud of.

      I'd wager you are correct! But they should still be enormously proud of their community -- they've achieved a great deal, and in the face of some stiff opposition from the larger corporate world. I see no merit whatsoever in insinuating that the community doesn't exist. On the contrary, I think they deserve a lot of credit.

      Why should he? And why would not doing so make free software hostile to business? It doesn't follow.

      But one does follow from another. Let's say a company wrote a software, and decided to dutifully make the source code fully available. [...]

      But that doesn't make it "hostile to business". It just means that licensing your code under a free (or open-source) licence is likely to significantly hamper your ability to sell the software its self. That said, many companies still do sell FOSS directly. These companies also usually accept donations towards their efforts. And it is not uncommon to see them selling services around the software, such as support, management (of the software, not

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal
  42. GPL vs. BSD = liberalism vs. libertarianism by GameboyRMH · · Score: 2

    They're two different kinds of freedom, the GPL, like liberalism, uses rules that are technically anti-freedom to actively defend the (in-practice) freedom of the parties involved. The BSD license, like libertarianism, is like setting out a very barebones set of rules (theoretically very free) and hoping for the best.

    How does it work in practice? Well which license gets its softeware incorporated into closed commercial products while the developers get a big fat nothing, and which one was updated with new rules when a loophole allowed similar behavior? So you have to choose whether you want freedom in theory or practice.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  43. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 1

    If you don't like it, relicense to a -- gasp!! -- proprietary license and let copyright protect you in the future.

    Or use the GPL and let copyright protect you.

  44. Re:Freedom is an absolute. You have it, or you don by jedidiah · · Score: 1

    > GPL advocates often have a pretty significant misunderstanding of freedom.

    No we don't.

    We simply understand the difference between freedom and anarchy and understand why the latter is a bad thing.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  45. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Exactly, so as an author I don't see why other authors are willing to invest their time in projects licensed under BSD or similar licenses. It's one of the great mysteries of the human nature.

  46. Re:Freedom is an absolute. You have it, or you don by jedidiah · · Score: 1

    It's funny how the likes of EA and Oracle can manage under these egregious and unacceptable attacks on their "freedom". They can use and build products based off of Free Software quite readily. The fact that they have do so as equals with everyone else is ultimately not a problem.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  47. Re:Freedom is an absolute. You have it, or you don by Shompol · · Score: 3, Insightful
    I would say that GPL guarantees freedom of code, not user's or developer's.

    Example: look at BSD. It was developed at Berkeley, then Steve Jobs took it and closed-sourced it for free. The developers of Berkeley are the one's who developed it, received no compensation from Steve, but the code got closed from THEM, not just the users.

  48. Re:Freedom is an absolute. You have it, or you don by Shompol · · Score: 1

    Supplier also becomes a beneficiary of GPL when he merges back all the bug fixes that the customer applied. Let's say the GPL is the freedom of CODE, and eveyone can benefit from it, not just the customer.

  49. In other words by Anonymous Coward · · Score: 1

    Imagine a lady wearing a flower hat and wigging her finger: "You have a freedom of speech. You must use it responsibly. Don't say anything nasty, and don't say anything that offends anyone. We don't want to be offensive with our speech, now do we?"

    This is the "freedom" of GPL. "You have the freedom to obey my rules on how to use your freedom."

    1. Re:In other words by Anonymous Coward · · Score: 1

      I don't see it that way at all. For me, it's more like the lady in the flower hat is saying, "I baked you some cookies. Have one, they're free. Don't be a pig and take them all. Share with other people. Here's the recipe. If they ask for the recipe, give it to them."

    2. Re:In other words by unixisc · · Score: 1

      No, it's the flower hat lady saying, "I baked some cookies. They're free, but I'm going to charge you $20 for the cookies, which you may either eat, distribute or resell for any price. I am not going to stop you from either distributing or selling it to other people, and similarly, if you distribute or sell any number of them to other people, you cannot prevent them from distributing or selling them to others either. Also, here is the recipe - with which you can bake them yourself if you need more, regardless of whether or not you know how to bake stuff. If you distribute or sell the cookies to anyone, you absolutely must give them this recipe, regardless of whether they want it or not. Also tell them that if they distribute or sell it to anyone else further down, they too must provide the recipe. Also, if you change the recipe and then bake some more cookies to distribute, you must provide your changed recipe along w/ it.

  50. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    You are wrong. Go read the GPL and point out which parts support your incorrect assertions.

  51. What it probably really shows... by Coeurderoy · · Score: 1

    The number of recent convert to free software who are somewhat afraid of themselves grow quite fast.
    They are using "permissive" licenses because it gives them less to think about on the short term...
    In the medium to long term very often it doesn't matter, but sometimes it does, and they'll regret it..
    But probably it will not go horribly wrong either ...
    So globally nothing really to see here...

  52. Months old, debunked article— by Anonymous Coward · · Score: 1

    This is a months old article which was long since debunked— who's payroll are you on now, Slashdot?

    You used to fight for the user.

  53. Re:back to the community by TaoPhoenix · · Score: 1

    I thought the whole point of the GPL was a double barrelled barrelled move beyond copyright.

    A. Small project to Small project - You use/"borrow" my song, I get to copy your resulting music mashup video from Youtube.

    B. Vs. Big Companies: "Oh, you can use my component if you're going to release the whole package as also GPL free to copy. But no taking my free component then mashing it into your closed proprietary result and burying it under IP laws!"

    Am I close?

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  54. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 1

    If, under BSD, you don't get the code, then how are you going to do whatever you want with it? There are tons of projects that originally started with BSD and now the source code is unavailable. That doesn't seem sustainable to me. Every developer must reinvent the wheel and advancements are kept secret. That isn't good for either the developer or the user.

  55. GPL jumped the shark with V.3 by Anonymous Coward · · Score: 0

    Sorry but GPL 3 went way too far, nobody wants to be affiliated with anything that restrictive.

  56. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    "On the other hand, GPL users are also free to do whatever they want with the exception that they must provide the source code of any modifications back to the original author."

    You are mistaken, you don't need to give the modifications back to the original author but to the software's user.
    GPL is protracting the user from closed source software.

  57. Re:back to the community by GameboyRMH · · Score: 1

    Yep pretty much, but private use of modified apps without code release is allowed. Otherwise you'd have to release code for every webcam driver and server daemon that you had to tweak slightly for your own private use. If you sell or distribute the app then you'd have to release the code along with it.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  58. Brian Proffitt again! by Alex+Belits · · Score: 1

    Once I looked at the summary, the first thought in my head was "Looks like Brian Proffitt!". I clicked on the link, and, as I expected, his disgusting bearded face stared from the page.

    Can we, please, stop spreading our enemies' propaganda?

    --
    Contrary to the popular belief, there indeed is no God.
    1. Re:Brian Proffitt again! by Anonymous Coward · · Score: 0

      Other than your troll comment & your conspiracy theory about "enemies" and "propaganda" you have not presented any conflicting data. What evidence do you have that the data and its analysis is inaccurate?

      Also, who the fuck made you in charge of what is deemed acceptable to be posted on Slashdot? If you don't like it why are you here? Your purpose here is just to post inflammatory anti-ms propaganda. Why should you be allowed to do that?

    2. Re:Brian Proffitt again! by Alex+Belits · · Score: 1

      What evidence do you have that the data and its analysis is inaccurate?

      There is no "data". All Brian Proffitt does is posting random snippets of cherry-picked data and attaches some anti-open-source rambling to it. It can't possibly be a result of anything other than a propaganda effort.

      Also, who the fuck made you in charge of what is deemed acceptable to be posted on Slashdot?

      Why shouldn't I complain about that? How else would editors know that they fucked up?

      If you don't like it why are you here?

      Actually majority of Slashdot readers agree with me.

      Your purpose here is just to post inflammatory anti-ms propaganda. Why should you be allowed to do that?

      I do not care about idiots' opinions, I care about their constant postings misleading others. Therefore I find it important to mark obvious propaganda and demonstrate idiocy of my opponents when they clearly are idiots or trying to make an idiotic but seemingly valid argument when they know they are wrong.

      --
      Contrary to the popular belief, there indeed is no God.
  59. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    My point of view slightly differs.

    GPL is a loan. Use my work but I'm going to take yours back to pay me for it.
    BSD is a gift.

  60. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    GPL is not a loan. You can use it with absolutely no obligation to give anything back in return. GPL is a gift, but it's a gift to not just you.

  61. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    On the other hand, GPL users are also free to do whatever they want with the exception that they must provide the source code of any modifications back to the original author.

    I suggest you check again. The GPL does not require you to give modifications back to the original author. The GPL requires you to offer the source code to when you distribute the program further.

  62. MIT/BSD vs. GPL by Anonymous Coward · · Score: 0

    My company is focused on MIT/BSD code at this time. With ten thousand lines of new code, leveraging 5 million BSD lines of code, we can make a difference in the market. If we can't, nothing is lost. If we do, our part-time people will get more hours... perhaps even full-time work. A few of our innovations will be fed back into the pile of MIT/BSD code.

  63. Absolute number of GPL apps not meaningful by perpenso · · Score: 1

    The proportion of open source projects using the GPL, LGPL and AGPL is declining, not the absolute number of projects.

    The absolute number of GPL projects is not a very meaningful number. The GPL license can not be retracted, canceled or otherwise ended. Once released that particular GPL project exists regardless of whether the copyright holder changes his/her mind. All the author can do is re-license and release future versions of the project under a different license. However that previous version persists, as the GPL license was designed to ensure, and is counted even if orphaned and not adopted by users or some community.

  64. Re:Freedom is an absolute. You have it, or you don by king+neckbeard · · Score: 1

    Your post doesn't make sense. GPL scales with copyright to let copyright protect you from the copyright of downstream derivatives. If copyright is weak or gone, you don't get much protection, and you don't need much there. If it is strong, you get a lot of protection, and you need a lot of protection in such an environment.

    --
    This is my signature. There are many like it, but this one is mine.
  65. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 1

    Punching someone in the nose, obviously, is taking open source work and making it proprietary.

    There are two significant failures with this:

    (1) What you're talking about is impossible to do -- you can't take open source work and make it proprietary. You can only take a copy of an open source work and make that copy proprietary.

    (2) Your analogy is very poor, because it suggests that the two are roughly equal in severity. If a copy of your work is made proprietary, it does not alter the license of the original. In fact, it would be possible (and perhaps even likely) that you would be completely unaware that one of the copies of your software has been made non-open. Clearly, a punch in the nose is much more severe than an action that you might not ever become aware of.

    Your post is a perfect example of the poor quality of the public debate of free/open license issues. And the sad fact is that all the hyperbole, exaggeration, and false analogies are so epidemic that everyone has now become accustomed to them -- which explains why your post was rated 5.

  66. Re:Freedom is an absolute. You have it, or you don by inhuman_4 · · Score: 1

    Exactly this. I have always interpreted it this way:

    BSD == Freedom for the code.

    .

    GPL == Freedom for the users

    When you publish software the question is which is more important? That your code be used to improve the world of software? Or that your code be used to improve the freedom of users?

    Which is the right answer depends not only on the person, but also on the project. I suspect many people release code under both forms at different times.

  67. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Why is BSD "punching someone's nose"? If I give away software under the BSD, that means I don't care if someone makes a copy and sells it. I give them that right. If they elect to exercise that right, well, that's within their ... er ... rights. My nose isn't bloodied.

  68. Re:Freedom is an absolute. You have it, or you don by Bill_the_Engineer · · Score: 1

    You're correct. I incorrectly stated that you had to give the modifications directly back to the author. However you still have to disclose your modifications as source code if you chose to redistribute the modified program and that is practically the same thing. The minor difference being that the author can still have access to the changes, yet he can request them rather than you automatically giving it to him. He could also get it with a copy of your version of the software.

    Sure technically I was mistaken, but practically I was not. I place this argument in the "splitting hairs" category.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  69. GPL fanboyism by Anonymous Coward · · Score: 0

    Looking at bonch's account history, he doesn't post pro-MS things at all. The only thing I could find even remotely "pro-MS" was a submission about Visual Studio achievements.

    On the other hand, looking at your posting history shows a clear bias and fanboyism over the GPL (you were even posting comments to the submissions of this article before one got published), so perhaps you don't like this article solely for religious reasons, because other licenses are now close to surpassing the GPL in popularity. In fact, you bring up Good Old Games multiple times in your comments, which raises the question of what your association is with them.

  70. Re:Freedom is an absolute. You have it, or you don by Wrath0fb0b · · Score: 1

    Punching someone in the nose, obviously, is taking open source work and making it proprietary.

    Unless that person knowingly and voluntarily consented (redundantly I suppose) to having his open source work incorporated into a proprietary project. In which case, it's not so much a punch in the nose as it is doing exactly what it is that they permitted you to do.

    Failure to grok this important distinction seems to me to be a really critical mistake -- sort of like confusing surgery with stabbing or consensual sex with rape.

  71. GPL is **NOT** Fre by l0ungeb0y · · Score: 0

    I wont ever use the GPL and prefer MIT and BSD style licensing. Simply because the GPL tries to FORCE me, the developer, to enforce Richard Stallman's restrictive ideals in the guise of "Freedom". While the GPL might be an ok way to ensure that a commercial application gives you due credit and continues to propagate your code - why should most developers care for such restrictions?

    Personally, if I put code out on Github for people to use, I dont give a RATS ASS how another party distributes it. I am already protected by copyright and do not wish to be co-opted into Richard Stallman's Graybeard Army. If I put the code out there, it's out there for use for free, in any way others see fit and hope that it is simply found useful in one way or another.

    Frankly, the GPL is ANTI-SOCIAL as it restricts freedom and creates a burden of enforcement upon those who put the license to use.
    Maybe I'd be more of a fan of the GPL if I was a socially awkward coder who viewed my code as a precious commodity to be jealously guarded. But, I'm not and with the advent of Networked APIs, Mobile Marketplaces, Social Coding and the rise of non-compiled languages such as PHP, Ruby and JavaScript, the GPL is being rightfully relegated to the narrow niche it truly serves and we are seeing a shift towards more open and actually FREE licensees that are more suitable for these Developed For-Profit Mobile Apps, Social Networking Applications and Script-based libraries and utilities that are being created.

    1. Re:GPL is **NOT** Fre by cheesybagel · · Score: 2

      Some of us have used more permissive licenses in the past to find our code used by someone else who doesn't even bother to say hello or mention your name anywhere even if the only thing they changed was the boot screen. So we prefer the GPL family of licenses. Of course you are free to use whichever license you want. Even Stallman is fine with other people using the MIT license.

    2. Re:GPL is **NOT** Fre by caseih · · Score: 2

      You're welcome to choose whatever license you wish for your own code of course. But your talk of "[enforcing] Richard Stallman's restrictive ideals" is disingenuous at best, dishonest at worse. GPL was never about being free to distribute the code in any way you want with the code but rather the developer of the code being free, and guaranteeing derivative developers the same freedom. If you don't agree with the GPL, then write your own dang code, negotiate a more suitable license, or leave it alone. It's that simple. You don't need to go off on a FUD tangent about so-called freedoms that you never had a right to under copyright law in the first place.

      After so may years of GPL articles you'd think people would actually understand it by now (it's very simple), but apparently now.

      I think everyone should be banned from being able to use the word "freedom" unless they are defining what it means. I think its become the strawman argument of the 21st century. One man's freedom is another man's prison.

    3. Re:GPL is **NOT** Fre by MrKaos · · Score: 2

      I wont ever use the GPL and prefer MIT and BSD style licensing.

      That's great but it seems to me that those licenses give you less latitude for negotiation with business entities who are simply able to pick up code projects and use it as they see fit. Apple and Microsoft are two fine examples of companies making lots of money of BSD licenses.

      To me GPL code was more about the software being "freed" with it's own intrinsic set of rights, specifically, on modification. Which also meant it's possible to create cashflow based on expertise using that software.

      Frankly, the GPL is ANTI-SOCIAL as it restricts freedom and creates a burden of enforcement upon those who put the license to use.

      Exactly. It restricts the freedom of those who seek to exploit the work of those who develop it. The "burden of enforcement" only exists if you choose to enforce and may only be relevant if your software reaches some critical mass.

      If you are unable to capitalise the work then perhaps the market for the software isn't there and it needs a less restrictive license so that someone else can turn it into something that can be capitalised. Personally I always think it's better to negotiate from a position of strength, that's what the GPL allows.

      --
      My ism, it's full of beliefs.
    4. Re:GPL is **NOT** Fre by Anonymous Coward · · Score: 0

      I wont ever use the GPL and prefer MIT and BSD style licensing. Simply because the GPL tries to FORCE me, the developer, to enforce Richard Stallman's restrictive ideals in the guise of "Freedom".

      "Wahhh! You won't let me exploit your code unconditionally for profit! You're a communist! You're denying me my livelihood! You're imposing your ideals on me!"

      Fuck you. Write your own fucking code then. I wish you anti-GPL types could hear what whiny self-entitled babies you sound like.

    5. Re:GPL is **NOT** Fre by Anonymous Coward · · Score: 0

      I wont ever use the GPL and prefer MIT and BSD style licensing. Simply because the GPL tries to FORCE me, the developer, to enforce Richard Stallman's restrictive ideals in the guise of "Freedom".

      Of course, you're free to use or not use whatever you want. The general rule is, if you don't plan to share your code, don't use GPL. Just remember that the only reason you have the code to share is because someone else thought differently from you.

      Frankly, the GPL is ANTI-SOCIAL as it restricts freedom and creates a burden of enforcement upon those who put the license to use.

      Can't agree there. The only real difference is that with something like BSD, the author simply wants to share his/her code with you, but with GPL the author wants to make sure everybody shares the code.

      Maybe you should consider your own motives as to why you want to be make use of the work of others, but not allow others the same access to he code? You think people should give you code, but you don't want to give back. How is that NOT anti-social?

  72. Never turn down an opportunity for pedantry by Chrisq · · Score: 1

    saying "well technically" at the beginning of a statement is just plain silly, it doesn't make it either more technical or more correct.

    Technically skilled people all need at least a basic knowledge of computing. (take off the "technically" and try and sell it to a French Polisher)

    1. Re:Never turn down an opportunity for pedantry by Anonymous Coward · · Score: 0

      The use of the word technically in your statement is not being used to imply more knowledge about a subject than the author possesses and therefore is invalid on its face.

      0/10 fail

  73. Poor choice of terms by Anonymous Coward · · Score: 0

    This stat isn't _usage_, it's _share_. For usage to decline, project would have to be converting away from copyleft licenses faster than new projects adopt it.

  74. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    > Is the user more free because he can't distribute...

    the user USES, not distributes. IIRC an user can mix and match whatever he wants in his own system if he keeps the stuff for himself.

    So you don't have a point about USER freedom but on REDISTRIBUTOR freedom.

    Nothing is more valuable than knowing that the source for an application I choose to use can't be closed down, TO ME. YMMV.

  75. Re:Freedom is an absolute. You have it, or you don by TheRaven64 · · Score: 1

    So when I give someone an OpenOffice document, and they say 'I can't open it', and I say 'Oh, here, have a copy of the application' I'm not a user?

    --
    I am TheRaven on Soylent News
  76. Short term vs long term freedoms by mattpalmer1086 · · Score: 1

    I've wrestled with whether to release under a GPL or BSD style license for two projects. I can see the pros and cons of both, but in the end chose BSD.

    The code is of niche appeal, and I'd be happy for anyone to get some use out of it, whether in a proprietary product or anywhere else it's useful. It probably won't have a vast lifetime or attract a large community around it. So the need to preserve the openness of the code over long periods of time just isn't there.

    In the shorter term, I'd rather have as many people as free as possible to do anything they like with it. If the code was more generally appealing, I might choose a different license.

  77. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    We simply understand the difference between freedom and anarchy and understand why the latter is a bad thing.

    Please explain for the rest of us: what is the difference between freedom and anarchy? As far as I can tell, it is a matter of degree. Anarchy is absolute freedom.

  78. Re:Freedom is an absolute. You have it, or you don by shutdown+-p+now · · Score: 1

    GP likely believes that only true rights are negative rights (i.e. those that do not require any action on behalf of anyone else to be maintained, and can only be violated by an explicit action). These are contrasted with positive rights, which require someone else to do something to satisfy the right; for example, a right to education, or a right to healthcare, which both require someone to provide said education, healthcare etc. Those are not considered "rights" and such. It's a pretty popular concept in libertarian circles.

    From that perspective, user's freedom to see and modify the source code is a positive right - it requires the developers to make specific effort to provide the code in order to be satisfied.

  79. additional freedom by cas2000 · · Score: 1

    the only freedom that BSD-like licenses grant you that the GPL doesn't is the freedom to restrict other people's freedom.

    some FOSS developers think that that is a worthwhile and useful freedom for their project. Most don't.

    It's certainly not a useful or desirable freedom from the POV of an end-user running software without the right to view, modify, or redistribute the source code.

    1. Re:additional freedom by Anonymous Coward · · Score: 0

      It's certainly not a useful or desirable freedom from the POV of an end-user running software without the right to view, modify, or redistribute the source code.

      no, but it's certainly a useless & irrelevant freedom from the POV of MOST end-users running software of any type.

      There is a very small proportion of the computer-using population who really *cares* about being able to look at the source code, or who even *has the ability* required to make sense of it if they could look at it, much less make changes.

      The GPL secures that freedom for a small small minority of the overall computer-using population. That doesn't mean it's a freedom with no value, but it's a freedom that's only relevant and important to a small number of users.

    2. Re:additional freedom by Nursie · · Score: 2

      "no, but it's certainly a useless & irrelevant freedom from the POV of MOST end-users running software of any type."

      I couldn't disagree more.

      These users get more software because intermediate users had the right to alter and redistribute. There are a hell of a lot of devices out there running custom firmware because of this, just as a starting point. Without the GPL you can miss out on an entire class of software - stuff with added value from middle parties in the chain.

    3. Re:additional freedom by smash · · Score: 1

      No, the GPL restricts your ability to take derivative works and commercialize them. BSD does not. Whether you have a personal agenda against that or not is beside the point. It is a FACT that the GPL is more restrictive, and claiming otherwise just makes you look like a nut-job.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    4. Re:additional freedom by RPD9803 · · Score: 1

      The GPL is more restrictive from the POV of downstream developers. "Open" licenses (BSD et. al.) are more restrictive from the POV of the code itself, and original authors, as it allows downstream developers to insert arbitrary restrictions (arbitrary depending on license). I, for one, am a fan of requiring derivative improved code to be contributed back to the project, so we don't end up with what Stallman was trying to prevent in the first place: proprietary Xerox printer drivers. (http://oreilly.com/openbook/freedom/ch01.html)

      --
      Culture + Technology
    5. Re:additional freedom by Anonymous Coward · · Score: 0

      the GPL restricts your ability to take derivative works and commercialize them.

      I wish this canard would go away.

      NO, the GPL does not restrict your ability to take derivative works and commercialize them. Copyright law imposes that restriction. Unless I specifically grant it to you with a license, you simply have no such right over my work.

    6. Re:additional freedom by cas2000 · · Score: 1

      Unfortunately, it's you that's making yourself look like a nutjob because you don't have a fucking clue what you're talking about.

      The GPL does not prohibit commercialisation of derivative works. The GPL prohibits making them proprietary. Proprietary and Commercial are *not* the same thing, not even close. Nor are they dependant traits.

      I'll repeat my original point since you seem to have missed it "The *ONLY* restriction that the GPL has that the BSD license doesn't is that it prevents you from restricting other people's freedom."

      *ALL* of the extra clauses in the GPL vs the various BSD-like licenses are aimed at closing one loophole or another that could be used to restrict the freedom of anyone who receives the code.

      That is not a freedom that most FOSS developers care about or want. A minority of FOSS developers do want it - good luck to them.

      In short, like proprietary software if you want to use GPL code there's a price to pay. Unlike proprietary software, the price is not money or signing an NDA, the price is that you grant the same freedoms that you received to anyone you distribute the code or a derivative work to. If you don't want to pay that price, then don't distribute GPL-ed code or anything derived from it. Write your own, or find an alternative with a license acceptable to you.

  80. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Coincidentally that is actually the difference between the BSD, GPL, and the *ARTISTIC* license (Notable for being the license the majority of MU* software switched to after the original 4 clause BSD.).

    Artistic license basically states that any and all changes made to the software must be given to the original author if requested (It might actually say 'should be sent', but in practice it never really happened).

    Funny how nobody remembers Artistic anymore, even though it's the license Perl is/was under for many years.

  81. Can you go to a public park and steal a bench? by Anonymous Coward · · Score: 0

    First of all, sorry form my english, second...

    Can you go to a public park and steal a bench?
    Bench with GPL license: NO, because the bench is a public property.
    Bench with BSD/Permissive license: YES because the bench has no owner.

    Sic et simpliciter.

  82. Re:Freedom is an absolute. You have it, or you don by ceoyoyo · · Score: 1

    BSD is still open source. You can download any of several flavours here. If you want to download Apple's version, it's here (and elsewhere).

  83. Wonder if there's a correlation with.... by Anonymous Coward · · Score: 0

    OSS license choice and recessions. Seems to me that BSD-style licensing (which I much prefer) requires one hell of a lot less verbiage and employs fewer lawyers. It may not be compatible with the politics of certain developers, but then companies don't exist to make developers happy.

  84. Re:Freedom is an absolute. You have it, or you don by vakuona · · Score: 1

    Actually, I would say it's the exact opposite.

    GPL, the freedom is not for the users. Users have their freedom curtailed. You cannot use the code in many non-free ways. The most obvious one is that you cannot distribute derivative works under a different license.

    BSD, the user is free to use the code, and improve upon it and distribute it as he/she wishes, without contributing back. You can create derivative works and use a different, non-free license.

  85. Old data by Anonymous Coward · · Score: 0

    This article is from December last year.

  86. Re:Freedom is an absolute. You have it, or you don by Lucractius · · Score: 1

    But the counterpoint is that if I read (or even just use, since by implication using it gives me the right to the source code which i may look at and cannot prove i did not) your GPL code, then decide I want to make a new program for sale that is similar to the GPL version, but rebuilt entirely from scratch in a different language. You can be a dick, claim that what i built is a derived work ( your legal rights are clear in this ) and sue me... forcing me into a costly effort to prove it is not. And I may lose because copyright law is pretty broad these days about what classifies as a derivative work.
    Don't argue that if i don't use the code its not derived. That's not how it works with lawyers. Re-implementing a program in a new language is typically considered derivative, its a short step to claim that building a new one from scratch was just an attempt to obfuscate my "blatant attempt to circumvent the law" or some such nonsense.

    As a person that would like to get paid, but still wishes to support other developers. BSD licences all the way. I'd like a little guarantee with my freedom... the guarantee I'm not going to get sued later, somehow for using this. The GPL is too strong, like a living in a prison to guarantee my "safety".

    --
    XML - A clever joke would be here if /. didn't mangle tag brackets.
  87. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    If Freedom is absolute, then no one on this planet is free.

  88. Re:Freedom is an absolute. You have it, or you don by jo_ham · · Score: 3, Informative

    Goodness me, your post is almost totally devoid of facts.

    BSD is still open source, the original developers still have full access to it.

    Apple's modifications are also open and available, also to those developers.

    The original developers received no compensation because they chose to release the code under a very permissive licence. They did this on purpose and required no compensation. You're trying to make it look like Apple "stole" something, which is a totally nonsensical position.

    The BSD licence was specifically created for this purpose; it's deliberately very permissive. However, taking that code and forking it does *nothing* to "close off the code from the original developers".

  89. Copyleft is nonsensical made up word by aristotle-dude · · Score: 1

    Copyright refers to the "right" to copy or rather to copy and distribute said copies. It has nothing to do with either the left/right political spectrum or the direction.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  90. Re:Freedom is an absolute. You have it, or you don by durdur · · Score: 1

    Yeah, exactly how are you harmed by somebody doing a close-sourced fork of your code? You aren't benefited by getting to see their further changes. But you aren't exactly harmed .. you still have your original code. Also, if you actually want your software to be used as widely as possible you will license it w/o copyleft. The networking stack your OS is running was probably derived from BSD. If it had a copyleft license, no proprietary software vendor would have touched it, and they'd have had to do their own. That is better for the world, how?

  91. apples != oranges and all that jazz by luis_a_espinal · · Score: 1

    There does a come a point where you have to evaluate whether a source is trustworthy. A journalists/analyst's main credential is credibility. If said person lacks it, then the information being conveyed requires extra scrutiny. Asking 'who is he?', to me, is a less strict version of 'is this person credible?' In the particular case of Brian Proffitt, a previous post by him on Hadoop showed that he completely misunderstood the technology and didn't understand the current state of the project. So my particular answer would be 'No'.

    And this above would prove the point that to measure someone's POV you do so by having knowledge a-priori about him. You ask who is him by knowing a-priori that he didn't know what he was talking about. That is, you knew who he was by having done a prior analysis of his writing.

    In that case, the question is not "who is he", but "why should I spend time dissecting what he wrote if he has a track record of being off the tracks?" This can still be at risk of becoming an unwarranted ad-hominem, but at least there is a measure of objectivity. This is completely different from the arrogance displayed in the AC's post I originally replied to.

  92. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Yes, because a hallmark of using the GPL is how easy it is to directly monetize the GPLed work itself by selling it.

    Oh wait.

  93. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Don't argue that if i don't use the code its not derived. That's not how it works with lawyers. Re-implementing a program in a new language is typically considered derivative

    The key consideration is, would it be possible for you to have written your work without the existence of the prior work? If you required the prior work in order to make yours, it's most likely derivative.

  94. Re:Submitter here, headline isn't mine by unixisc · · Score: 1

    +1

    I don't know why anyone modded you down, other than being an FSF fanatic/Stallman worshipper. The headline you submitted seemed very accurate. Fewer people starting new FOSS projects would do it under the GPL, and users of existing GNU software that's 'upgraded' from GPL 2 to 3 are deserting it in droves - the most famous example being GCC users, which is arguably the most valuable GCC software out there. Usage here would mean 2 things

    1. Number of people using software that use GPL instead of other open source licenses
    2. Number of new FOSS titles being released that prefer GPL instead of other open source licenses

    In case of the first point, depending on how many more people are moving to Linux, which is locked on GPL2, but which is using GNU userland that's 'upgraded' to GPL3, the headline may or may not be true. In the second case however, it most likely is. Note that existing GPL software is pretty much locked in GPL, unless the organizations that created them manage to get a concensus to move all subsequent versions of the software to a different license. Hence, such a headline is more likely than not to refer to the trend amongst new software.

    Also, as I mentioned, the author probably used the term 'open' to describe software that the OSI doesn't have problems w/, and which may be good about providing source code, while restricting other freedoms. As an example, the QPL qualifies as an Open Source license, but not as a Free Software license. Both GPL 2 & 3 are free software licenses, but GPL2 was mentioned in TFA as being the license favored by Open Source supporters, while GPL3 was favored by FSF supporters. Point is also that while a lot of licenses may qualify as free software licenses, only GPL3 is thought of in that vein, due to its advocates promoting it over even things like GPL2, which works fine for everyone outside the FSF who uses it.

  95. Re:Freedom is an absolute. You have it, or you don by smash · · Score: 1

    I'd consider GPL developers taking BSD licensed code, modifying and re-licensing as GPL so upstream can not make use of the code (rather than simple dual license it) as a punch in the nose. Were they legally entitled to do so? Sure. However ethically its a big fuck you to those upstream, for no gain at all (if it was going into a closed source project fair enough there is incentive there - monetary gain; but to do so when you're incorporating into GPL is just nasty).

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  96. Re:Freedom is an absolute. You have it, or you don by smash · · Score: 1

    You have the existing BSD licensed code. A closed-source branch does not take the open sourced code away. Fact of life: not all code is exciting to work on, and some will never be developed for free. BSD license allows those who want to pay money for the un-sexy work to be done to get it done, and monetize the result.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  97. Re:Freedom is an absolute. You have it, or you don by smash · · Score: 1

    If you're telling the end user that they'll be raped by the DMCA if they try to tweak your proprietary product which was based on my open source project, don't you think I'd be kinda pissed?

    Can you please provide an example of this happening? Even a theoretical one? If you're modifying the open source code you are in the clear. If you are disassembling and modifying a proprietary app (BSD licensed code + proprietary code) then this is NOT the same thing. You're still freely entitled to the code that was BSD licensed.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  98. Re:Submitter here, headline isn't mine by fatphil · · Score: 1

    The submitter should be modded down for his redundancy because he posted a link to a story that's from *LAST YEAR* (this is *NEWS* for nerds, not *OLDS*), and on top of that was debunked last time it appeared on /. as being the output of an anti-MS shill.

    --
    Also FatPhil on SoylentNews, id 863
  99. Re:Submitter here, headline isn't mine by fatphil · · Score: 1

    Hmm, I started with MS-shill (which is true, but irrelevant), and wanted to change it to anti-GPL-shill. Alas, I only half-performed the change.

    --
    Also FatPhil on SoylentNews, id 863
  100. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    You are not correct. When a user publishes someone else's GPL software, they must provide the source code to the recipient of the software. Nothing in the GPL compels users to provide code to anybody else.

  101. Re:Freedom is an absolute. You have it, or you don by shentino · · Score: 1

    Case in point: Tivoization.

    I write a media library and release it under GPLv3.

    And you come along, with a hot new device that can do video things, like record and playback among other things.

    Now, since you're probably going to have to get in bed with Big Media to get favorable treatment, you'll probably be required to get a patent license which requires, among other things, for you to implement some horrendous DRM scheme that cockblocks a bunch of things they don't like, but which are quite reasonable for the end user to want to do.

    Normally, you could just slap a firmware hash on the chips to prevent the end user from running homebrew versions.

    However, the GPLv3 prevents you from using my media library in your product if you plan to prevent your consumers from changing things, even if they have my source code.

    In theory, having BSD licensed code on the device would allow the user to change things, however the firmware hash will prevent the user from applying his own changes to the firmware, and the DMCA makes it a crime to bypass the firmware hash.

    If the code is GPL, however, legally you can't use a firmware hash to prevent changes to begin with.

    This "firmware hash" loophole is actually what caused the GPL to be updated to v3 in the first place.

  102. TiVoization by unixisc · · Score: 1

    Why is Tivoization a problem, other than something to keep FSF activists busy? So what if my TiVo box is locked down and I can't alter it, even though they give me the Linux source code that comes w/ it? The company does provide a warranty about the box working, which is not what one normally finds in any FOSS license, and so they are fully justified in preventing customers from screwing it up by installing OTP firmware. My prediction - FSF will soon enough find something wrong w/ Android, and release a GPL4 to get around the problem of 'Androidization'.

  103. Hahahahahah! by Whiney+Mac+Fanboy · · Score: 1

    but the article didn't make a claim about the absolute number of projects using the GPL. It made a claim about the usage of the GPL

    So you didn't make a claim about using - you made one about usage? There is no difference between those words in this context.

    tl;dr You're a fucking idiot, so I am most pleased to see that your comments start at 0 (or is it -1 now?)

    --
    There are shills on slashdot. Apparently, I'm one of them.
  104. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    GPL is more for protecting the originating developer's right, while the BSD protects the user's freedoms.

    Wrong, GPL is about protecting the rights of the end user. With the GPL the user of the compiled software always has access to the source code (since company internal modifications don't have to be re-distributed, one should consider a company as a whole as one user). With BSD the end user has no such guarantee.

    ..., GPL users are also free to do whatever they want with the exception that they must provide the source code of any modifications back to the original author.

    Also wrong. The changes to GPLed code only have to be given to those to whom you distribute compiled programs that are based on the changed source code. You have no obligation to contact the original authors and provide them with the changed code.

  105. Re:Freedom is an absolute. You have it, or you don by Shompol · · Score: 1

    No need to defend Apple, I never meant to attack it. All I did was try to explain the difference between "open source" licenses. Thank you for reinforcing my point that the original developers got shafted because of the kind of license they used. As for Mac OS X being "open and available" -- it is common knowledge that it is not. Unless you have some insider knowledge about modules taken from BSD being open, and Apple's modifications to them "closed", and even then a statement like that is a "reality distortion field".

  106. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    Thank you for reinforcing my point that the original developers got shafted because of the kind of license they used

    How did they get shafted? Did they not receive something that was owed them?

  107. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    The original developers received no compensation

    Apple's annual revenue is $108 billion in 2011, not in small part driven by operating systems with BSD foundation. True, they are not entitled for any part of it because of the permissive license, but had they used GPL (if it were available back then) they would still be treated as authors of free stuff are supposed to be: free to take back changes, modify and resell.

    I am not saying that GPL is perfect -- Android shows that there are always ways to lock it up and go around the license restrictions.

  108. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    True, they are not entitled for any part of it because of the permissive license, but had they used GPL (if it were available back then) they would still be treated as authors of free stuff are supposed to be: free to take back changes, modify and resell.

    Exactly. They are treated as BSD authors are supposed to be: they get a credit on the product.

    You can't say you got shafted if you gave something away for free, expecting nothing in return, and then actually got nothing!

  109. Re:Freedom is an absolute. You have it, or you don by jo_ham · · Score: 2

    Your point... I do not think it means what you think it means.

    How can the developers get "shafted" by deciding specifically to release code under the BSD licence by choice, only for that code to later be used exactly as the licence intended?

    If they wanted to make money off the code they would ave released it under a different licence. If they wanted to do something more like the GPL then they would have released it under a different licence.

    My point is that they were in no way "shafted" because Apple decided to use Darwin as the core of their OS.

    I also did not say that OS X was open, I said that their modifications to the original BSD code (in the form of the Darwin OS) are open and available. The whole of OS X is not under the BSD licence but the core Unix parts are - ie, the core pieces that were originally released as BSD back in the day. What? You think the original devs were "shafted" because they don't have access to the entire source of OS X?

  110. Re:Freedom is an absolute. You have it, or you don by Bill_the_Engineer · · Score: 1

    Wrong, GPL is about protecting the rights of the end user. With the GPL the user of the compiled software always has access to the source code (since company internal modifications don't have to be re-distributed, one should consider a company as a whole as one user). With BSD the end user has no such guarantee.

    The GPL does not specify that the source code shall be available in perpetuity. It only specifies that the source code shall be distributed (or made available) to the end user at time of distribution. The end user is not required to make the source code available.

    BSD and GPL have the same access to the source code.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  111. Re:Freedom is an absolute. You have it, or you don by Anonymous Coward · · Score: 0

    BSD and GPL have the same access to the source code.

    Not for derivative works.

    <agentsmith>Which, of course, is what this is all about.</agentsmith>

  112. Re:Freedom is an absolute. You have it, or you don by smash · · Score: 1

    You still have the open BSD code. The GPLv3 means i need to re-invent a media library with potential compatibility issues, buffer overflows, etc (less well tested code). How do end users benefit from that? How does the world benefit from me re-inventing the wheel, rather than spending my time on NEW features, or solving other software problems? BSD specifically allows this to happen so that we end up with more well tested, mature code for everybody. If someone chooses to license their changes in their commercial product as closed, then fair enough. It's THEIR code, the open source is still out there.

    If I build software license costs into the profit margin of my product, then it becomes non-viable to allow home-brew software. This is the way the world works. If you want to buy your next console for $2000, then sure, loss-leading on devices like that will go away. Unfortunately in the real world, no one will buy a $2000 console. SNK tried back in the 80s (adjusted for inflation).

    Without software costs subsidizing hardware, we would not have consoles for the price we have them today. Again, how does the customer win from this situation? If you want a device for home-brew software, build it yourself?

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  113. Re:Freedom is an absolute. You have it, or you don by Edam · · Score: 1

    Is the user more free because [...]

    This whole paragraph is a bit confused. For a start you are clearly talking about a developer, and not a user. Secondly, I would like to see examples of the incompatibility issues you claim are the case (I am not aware of any problems distributing a GPL program that uses a ASF licensed library, for example). Thirdly, you are citing license incompatibilities as a reason that the GPL is not about user freedom, which makes no sense (unless you are suggesting they were deliberate?).

    the GPL does not prevent the copyright holder from taking something closed source

    That's because this is not possible! The thing that the GPL prevents, which the MIT (et al) do not, is someone releasing a proprietary, closed-source version of the software. It's quite simple. You are muddying the situation by saying that the copyright holder can still make a closed-source version of the software, because this will *always* be the case - they are the copyright holder! And I disagree with you when you say that this doesn't matter because some prior version was open-source -- it will matter a lot to some people.

    --
    "Beware of he who would deny you access to information, for in his heart he dreams himself your master." -Pravin Lal