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Why the GPL Licensing Cops Are the Good Guys

Reader rtfa-troll writes: "'GPL enforcement by Software Freedom Conservancy puts electronics makers on notice, leaves business users untouched,' says Infoworld, going on to explain 'You are several orders of magnitude more likely to be raided by your proprietary suppliers, in the form of the Business Software Alliance, than to ever hear from SFC, let alone face any action. License compliance is a major and costly issue for proprietary software, but the case concerns an end-user license agreement (EULA), not a source license.' The article gives a good summary of why having GPL licenses enforced helps everybody, except for 'hardware manufacturers — typically those creating low-cost consumer and business electronics' who need to verify that they pass on the same rights to others as they received with the original code."

233 comments

  1. Your side is always the good guys. by jellomizer · · Score: 0, Troll

    The people who support your ideal are the good guys, the people who don't are the bad guys.
    The issue I have always had was the double standard that a lot of people in the Open Source Community have. It is OK to pirate Closed Source tool, but if a company breaks a rule in the GPL they should be fully punished. That is the most damaging part, because in order for the GPL to be respected the GPL community needs to respect the other Licenses out there.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Your side is always the good guys. by oiron · · Score: 4, Insightful

      As far as I know, no serious GPL advocate actually says that infringing others' copyrights is good. They mostly say "use the free alternative".

      Yes, there are a few debacles like some people accidentally (or on purpose for that matter) taking say BSDL code and making it GPL (you're allowed to make your modifications GPL, but not the original code itself, if I understand correctly). But nobody advocates piracy.

    2. Re:Your side is always the good guys. by stinerman · · Score: 5, Insightful

      The "double standard" is because EULAs are designed to restrict what you can do with a piece of software over and above what copyright does to restrict you. The GPL and other FOSS licenses give you rights you don't already have.

      I respect the GPL because it recognises one thing that EULAs never recognise -- the unlimited right to run the program.

    3. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      I agree that the good guys are the people who support your ideas. As for doule standards it exist on both sides. They want their license respected but don't want to respect the gpl..

    4. Re:Your side is always the good guys. by Anonymous Coward · · Score: 1

      This. I support GPL license enforcement, if only because whoever released their software under the GPL must have thought hard about what why they wanted to use that license, so users are both legally and ethically obligated to respect their terms. If that's considered "software freedom", fine.

        The point is that those are legally binding conditions. The same applies to proprietary software, except for the "software freedom" part. Sorry, I don't think the fact that Richard Stallman has spent the last 40 years talking about freedom makes this distinction legally significant, except as a set of explicit conditions in the license that must be followed by users of GPL'd software. Mr. Stallman does not make the copyright laws.

      TFA (by the way the link in the summary is to page 2) seems to anticipate this comparison with the BSA (and by extension, the RIAA and MPAA) and offers a semi-apology to GPL enforcement:

      - most ordinary users of GPL software will never have to worry about it
      - those who modify and redistribute GPL software may have to hire a compliance officer and do some code audits, but hey, that doesn't cost much
      - the real focus of the SFC (presumably the compliance arm of the FSF) is on electronic makers who embed GPL software in their devices, modify and expand that code and then don't "give back" to the community. I think we can agree that these people are just silly, greedy bastards who probably kick puppies. Not a bit like you and me

      In other words, the difference between the SFC and BSA is a matter of degree, not kind. If you want to keep thinking of the BSA as the henchmen for corporate greed, go ahead. But the SFC is there to protect the efforts of a worldwide community of free software developers and users from callous exploitation!

    5. Re:Your side is always the good guys. by oakgrove · · Score: 2, Insightful

      The people who support your ideal are the good guys, the people who don't are the bad guys.

      This is moral relativism patronization. Didn't these kind of theories get debunked a few years ago? And can you give a concise view of how exactly this applies to the current situation and not just some shit you're flinging on the wall to sound oh so hipster cynical cool?

      The issue I have always had was the double standard that a lot of people in the Open Source Community have. It is OK to pirate Closed Source tool, but if a company breaks a rule in the GPL they should be fully punished. That is the most damaging part, because in order for the GPL to be respected the GPL community needs to respect the other Licenses out there.

      This is so far in the camp of oxymoron as to be a caricature. You cannot be a serious GPL supporter and advocate infringing proprietary software. Of course Slashdot stopped being an Oasis of common sense long ago so I fully expect your FUD to make it to +5 and me to get modded to oblivion.

      --
      The soylentnews experiment has been a dismal failure.
    6. Re:Your side is always the good guys. by TinyLittleMend · · Score: 3, Insightful

      You cannot be a serious GPL supporter and advocate infringing proprietary software.

      Sure you can (No True Scotsman there). "I don't want you violating the GPL, but I don't mind you violating the copyright of proprietary software." It's simply a preference. And because they're two different things, a contradiction doesn't exist. Call it a double standard if you wish, but it's entirely possible to believe that.

    7. Re:Your side is always the good guys. by turbidostato · · Score: 2

      "It is OK to pirate Closed Source tool,"

      No, it isn't.

      "but if a company breaks a rule in the GPL they should be fully punished."

      Of course it has to.

      But even if you are not so 'dura lex sed lex' as I am, just an example about why it might be good to break some laws but no others:
      It is good to unslave people even if slavery is legal.
      It is still good to make sure taxes laws are applied on slave plantations.

    8. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      ... these people are just silly, greedy bastards who probably kick puppies.

      Ah, yes: edisons.

    9. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      - those who modify and redistribute GPL software may have to hire a compliance officer and do some code audits, but hey, that doesn't cost much

      Or they could just modify and release BSD software and not worry about it. Saving the salary of a compliance officer, paying for audiditg time, and extra worry about lawyers is a nice benifit of the BSD license.

    10. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Personally, I think the BSD is more practical and GPL is more idealistic, but GPL is still very useful and is the ultimate goal.

    11. Re:Your side is always the good guys. by TinyLittleMend · · Score: 0

      "rational"? I see nothing irrational with the above mentality. As I said, it's mere preference, and there is nothing inherently illogical about preferences. Other than that, your comment had virtually no actual arguments.

    12. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Big companies like IBM and Microsoft still worry about BSD-license software, especially from smaller projects (e.g., single developer). The problem is that it's hard to know whether the developer lifted the code from a proprietary or GPL'd source without doing a lot of vetting. For example, they might be using algorithmic code from the book Numerical Recipes, which is notoriously NOT free for redistribution.

    13. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Dude, picking "flaws" in someones argument when you good and well what the person meant is a form of trolling because you aren't picking real flaws in the argument itself just some small detail in how it was presented. I don't expect you to understand the distinction though as most trolls aren't smart enough to as if they didn't they wouldn't have to resort to trolling in the first place.

    14. Re:Your side is always the good guys. by oiron · · Score: 2, Interesting

      The danger with BSDL is that since there's no incentive for a company to give back, often critical pieces get closed off, reinvented and you can't really share code. In other words, you just saved the salary of a compliance officer, but didn't gain the advantage of community testing/improvement of your code, unless you release your code back, in which case you still need a compliance officer and code audits (to ensure that you don't accidentally release something you want to keep proprietary), anyway.

      In general though, I prefer the BSDL/LGPL for libraries - the choice isn't that important in most cases, and GPL for any community-developed end-user applications. You get to develop closed-source frontends, but don't ever think of closing our frontends.

    15. Re:Your side is always the good guys. by JustinOpinion · · Score: 5, Insightful

      To expand upon this...

      If someone's primary justification for decrying GPL violations is that its wrong to violate copyright, then it would indeed be hypocritical to support piracy of closed-source software. More generally, if the moral argument is that intellectual creation endows people with some intrinsic 'control' or 'ownership' of their creative works, then this moral argument applies equally to open-source and closed-source creations.

      However, that is not the only argument in favor of respecting open-source licenses. In fact it may not be the most prevalent. Many people support open-source software because they fundamentally believe in the particular freedoms that are espoused by open-source licenses: that end-users should be unrestricted; that end-users should in fact be empowered to completely control their hardware, which means having the ability to see and edit all source-code; that sharing should be encouraged. Under the moral axioms of 'sharing is good' and/or 'users should be unrestricted' it is not inconsistent to encourage people to respect open-source licenses while simultaneously not respecting restrictive closed-source (or all-rights-reserved) copyrights/EULAs/etc.

      My point here is not to promote any particular viewpoint. Rather, I'm responding to OP's assertion that it is hypocritical to support open-source licenses while simultaneously decrying closed-source licenses (or even going to far as to violate them). It may be hypocritical, or it may be consistent. (There's no lack of hypocrisy in this world, Slashdot included.) Many things look hypocritical only because one is making an assumption of the moral precepts that should be followed (normally, one thinks people are hypocritical because their morals are different from your own).

    16. Re:Your side is always the good guys. by __aaltlg1547 · · Score: 1

      The "double standard" is because EULAs are designed to restrict what you can do with a piece of software over and above what copyright does to restrict you. The GPL and other FOSS licenses give you rights you don't already have.

      I respect the GPL because it recognises one thing that EULAs never recognise -- the unlimited right to run the program.

      The unlimited right to run the program is never what people object to about the GPL.

      If you're making software gratis that you intend to make the world a better place and encourage the progagation of butterflies and rainbows, then yea, all free software is probably a good thing. But in the world that includes not only butterflies and rainbows but also the ability to feed my children, it can be too much of a good thing. Because if I'm a programmer, my livelihood depends on my ability to sell the product of my work for money. There are a few ways that can happen:

      1. Work for a non-software company that needs special software developed to handle something that can't be adequately addressed by FOSS software already available or by affordable closed-source software. For example, porting software to their new machine so the the new machine becomes easier to sell, solving problems that are peculiar to their business, etc.
      2. Work for a company that sells software.
      3. Form my own company to sell software.

      In the latter two cases, you need to use copyright to control the distribution of the software. If you don't control the distribution, the price you can get for the software is zero or damn near that and your kids are going to starve.

      So you need to use software licenses for any FOSS you use that allow you to use their compilers, tools, operating systems and whatever other tools you need in addition to the unique elements you develop on your own to produce a saleable package that customers will be willing to buy, without giving up any right to control copyright of your own work. I think we're all fine with conveying the license to the FOSS software that's included in our packages to the end user without restriction. You want to use the Linux distribution that's included in my package for stuff I didn't envision? Go ahead. I never owned that anyway and I don't care what you do with it as long as you don't drag me into liability issues for your modifications. I just don't want you to copy the elements I made without paying me for each installation.

    17. Re:Your side is always the good guys. by oiron · · Score: 5, Informative

      So you need to use software licenses for any FOSS you use that allow you to use their compilers, tools, operating systems and whatever other tools you need in addition to the unique elements you develop on your own to produce a saleable package that customers will be willing to buy, without giving up any right to control copyright of your own work. I think we're all fine with conveying the license to the FOSS software that's included in our packages to the end user without restriction. You want to use the Linux distribution that's included in my package for stuff I didn't envision? Go ahead. I never owned that anyway and I don't care what you do with it as long as you don't drag me into liability issues for your modifications. I just don't want you to copy the elements I made without paying me for each installation.

      Fud fud fud!

      It's perfectly legal to build proprietary apps on top of Linux, glibc, and other friends. What you have to do is to provide the source to any modifications you make to the FOSS tools or packages, and convey the license to the user.

      The elements you made which are not under GPL/similar, you can do whatever you want with them. The author of the GPLed package on the other hand, intended that you give back, as payment for his having built something you can use for free, any modifications you make. Are you saying that I should respect your right to your own license, but you won't respect mine?

    18. Re:Your side is always the good guys. by oiron · · Score: 1

      Presenting an argument in an understandable way, is often a good thing. Pointing out logical flaws isn't trolling (though it may be a logical flaw in itself). I found the GP's argument is quite unclear, actually. Apart from a few F-bombs and insults, I can't really make out what the argument is. I think it may be supporting my position, but I can't be sure!

    19. Re:Your side is always the good guys. by TinyLittleMend · · Score: 1

      Dude, picking "flaws" in someones argument when you good and well what the person meant

      But I don't know what he meant. I can't read minds. Whether he meant "rational" or "serious," it makes no difference to what I said above. I don't believe what he said makes any sense.

    20. Re:Your side is always the good guys. by oiron · · Score: 1

      I think that No True Scotsman doesn't really apply here. I think the original argument that every or at least, many GPL advocates also advocate infringement of EULAs. This argument is a fantastic setup for No True Scotsman, because you're reducing a whole host of different viewpoints to a single one, namely, "GPL advocate".

      In other words, this argument is not engaging the proposer of the original idea, ie SFC, and instead, takes aim at an averaged "GPL advocate" who's setup as a straw-man. If a specific GPL advocate made that double standard, call them out on it. But accusing every single GPL advocate, especially the SFC who's most definitely not an advocate of infringement, is a fallacy by itself. I think it would be Tarring With the Same Brush...

    21. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      What the GP (or whatever) did was trolling actually. And right on cue, the distinction is lost on the typical person here. Most people here aren't English majors and this is not a PHd thesis. When you understand someones point and what idiot didn't understand Oakgrove's point, yet you pick minor flaws in how it's phrased rather than the argument itself then you are engaging in an ad hominem (at the risk of anthropomorphizing a group of words). Like I said, you and 85 percent of Slashdotters won't get it. Congratulations, you're in the 85 percent. Now go occupy 4chan or something as thats an appropriate place for you.

    22. Re:Your side is always the good guys. by oiron · · Score: 1

      I don't expect a thesis here, but that argument was impossible to follow, between all the cluster F-bombs and insults, I could hardly make out the actual argument, until I read it several times. And even then, I'm not too sure.

      The previous poster (TinyLittleMend) did have an argument (which I disagreed with), and I posted on that too. A little clarity, a little less name calling, and a few organized thoughts is all I ask.

    23. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      It is OK to pirate Closed Source tool...

      can you say 'straw man'

    24. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Are you saying that Oakgrove's argument is impossible to follow? Oakgrove said that you can't be a "real" GPL advocate and also support infringing the copyright of proprietary software. Mend-whatever goes off on the one true Scotsman tangent when it is plainly clear that the unstated part of Oakgrove's sentence was can't be a real GPL advocate and "rationally" disregard copyright of proprietary works as copyright is what protects both pieces of software. That is a classic troll debating strategy which is to purposely misconstrue a statement based on grammar, spelling, wording or whatever to try disprove it. It is trolling because in order to cover all possible bases in any particular argument would require quite possibly the sum total of all human knowledge and theory in the particular domain which is utterly ridiculous. Yes, we are on the dame side but you fell for his trick hook line and sinker.

    25. Re:Your side is always the good guys. by fast+turtle · · Score: 1

      as far as I'm concerned, an EULA is not even large enough to wipe your ass after a healthy shit becuase "I" didn't agree to it under the doctrines of "First Sale". Most times I purchase either Software or Hardware at retail, meaning that the only one that could have agreed to such an EULA is the Wholesaler that purchased it from the manufacturer. Sorry but simply put, I'll treat every EULA as an Attempted "Contraact of Adhesion" and if needed, will pursue that matter in a court of law as California Does Not by Law, recognize any EULA's as being legal or binding. So GTFO My lawn punk or I'm gonna shoot your with a load of rock salt, then spray lemon juice all over your ass.

      --
      Mod me up/Mod me down: I wont frown as I've no crown
    26. Re:Your side is always the good guys. by TinyLittleMend · · Score: 1

      when it is plainly clear that the unstated part of Oakgrove's sentence was can't be a real GPL advocate and "rationally" disregard copyright of proprietary works as copyright is what protects both pieces of software.

      "plainly clear," huh? I see. Then you have my original comment all wrong. I didn't really do any of the things you accused me of doing. I meant something completely different, and it is plainly clear what I meant. Clearly!

      Whether or not he meant "can't be a real GPL advocate and "rationally" disregard copyright of proprietary works as copyright is what protects both pieces of software," that makes no difference to my original comment. Whether copyright protects both or not, you can be an advocate of only protecting the GPL. His original statement made no sense to begin with.

      No true GPL advocate can rationally disregard the copyright of proprietary works!

    27. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Shut the fuck up, jackass. What is plainly clear is you're a troll and you know you're a troll. I guess this is that awkward moment where we Bo know you're being intellectually dishonest yet you keep doing it anyway.

    28. Re:Your side is always the good guys. by bzipitidoo · · Score: 2

      I'd put it a little differently:

      It is illegal to pirate.

      But, it may not be immoral or unethical to pirate.

      It certainly is completely impractical to forcibly prevent or punish piracy. Even extreme measures such as monitoring every packet on the Internet, or just shutting it down altogether could not stop piracy. There is always sneakernet. Two people could swap flash drives with a quick handshake.

      GPL is very much a matter of hoisting copyright extremists in their own petard. If they've played hardball with copyright and patent law, then they have no grounds for complaint when they are caught in a GPL violation. If they weren't complete hypocrites, they'd admit they erred and do their best to make amends. Instead, we often see them trying to deny they did anything wrong, using laughably weak arguments to make their case.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    29. Re:Your side is always the good guys. by TinyLittleMend · · Score: 0

      Attacking me won't disprove anything I say. From my perspective, you're the troll.

    30. Re:Your side is always the good guys. by unixisc · · Score: 0

      Only if making one's livelihood of selling software is something that should be made next to impossible. Freedoms 2, and to an extent, Freedom 3 of the GNU - the 'help your neighbor' clause - pretty much prevents a software creator from restricting distribution only to paying customers. If that ultimate goal is ever achieved, the only people writing software will be those who are doing it as a hobby.

    31. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      "The danger with BSDL is that since there's no incentive for a company to give back"

      In the same way Opensource software isn't secure because the bad guys can see the source code. Go spread your FUD somewhere else, troll.

    32. Re:Your side is always the good guys. by unixisc · · Score: 3, Informative

      That's not the only point here. If you look @ the GNU project website, they define their 4 freedoms, which are

      • The freedom to run the program, for any purpose (freedom 0).
      • The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
      • The freedom to redistribute copies so you can help your neighbor (freedom 2).
      • The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.

      Most businesses, like yours, would have no issues w/ Freedoms 0 and 1. Freedom 0 is the very idea why they're selling it in the first place. Like you might be selling a spreadsheet, but your customer might be using it as a database. You wouldn't care - you've got your payment, and are happy. Similarly, let's say that you wrote a C compiler, which your customer wanted to tweak in order to include support for OpenRISC. You are more than happy to let him do it, and since you don't have other OpenRISC customers, you're fine w/ them using it in-house.

      It's w/ Freedoms 2 and 3 that you run into problems. Let's say you priced your software - based on your business plan - @ $50.00, when people can start giving away copies of your software to their neighbors, instead of sending them to buy it from you, it devalues your software. So you might decide that okay, all my paying customers will get the source code w/ it, but they're not allowed to 'help their neighbor'. At that very moment, the GPL is not for you. You then have to scour for unLiberated Open Source licenses, or write your own. Then there is the question of what if you deliver your software on a locked down box, like TiVo does? Sometimes, Freedom 1 & 3 cannot be respected either, or else, the content providers could have problems w/ the device and refuse to support it, making it totally unviable in the marketplace.

      It's not a mere question of how many lawyers do you need to figure it out. It's that 2 of the 4 very fundamental assumptions on which the GPL is built is completely unsuitable for business - at least business that requires selling software.

    33. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      It's perfectly legal to build proprietary apps on top of Linux, glibc, and other friends. What you have to do is to provide the source to any modifications you make to the FOSS tools or packages, and convey the license to the user.

      It depends on the license; GPL does not allow for it, but LGPL does.

      If use use a library/program which is under GPL as part of your application, you must license your application under GPL.
      This is true even if you make no modifications to the GPL library or program.

    34. Re:Your side is always the good guys. by silentcoder · · Score: 2

      >Work for a company that sells software.
      Form my own company to sell software.
      >Work for a company that sells software.
      Form my own company to sell software.
      >In the latter two cases, you need to use copyright to control the distribution of the software. If you don't control the distribution, the price you can get for the software is zero or damn near that and your kids are going to starve.

      Wrong. There are quite a few successful companies that do free software, and have been for decades. I am myself an example of the contrary. For quite some time I ran my consultancy company that developed completely free software (at the time the most popular free software in it's market) - there was a lot of people who used it for free in their small businesses.

      But a few people wanted additional features - not least one company who wanted to start a franchise of the type of small businesses my software was aimed at. These people were my bread and butter. While they COULD hire anybody to add the features they wanted -the truth is that I knew the code better than anybody and I could do it faster and cheaper than any outsider.
      So they came to me - I charged an hourly rate for the task of developing the feature they wanted. I travelled around the world sometimes to work for customer's onsite and I earned a very nice income, while having lots of free time in between and all done under the GPL.

      There were one or two customers who insisted they didn't want their custom features made available to the rest of the community, that they felt it would give them a competitive edge in their neighbourhood. For those customers I was willing to develop their requested feature under a closed private license. Since this didn't harm anybody (the only people actually restricted had the source anyway) - when that happened however, I charged tripple my usual rate.
      The reason of course was simple: I could never again add that feature to the main program, the only way to legally do so was for a volunteer contributor to write the same feature without any help from me (effectively a clean-room reimplementation) - for denying the feature to other users, I charged tripple rates. It happened very rarely anyway, most customers recognized that they benefit from features other customers had paid for and were happy to let those customers benefit from the ones they paid for in turn.

      Sorry - but your argument is just plain wrong. I did ultimately close the business but that wasn't because the model wasn't working, it was simply that technology changed and the kind of small businesses I sold to were no longer viable in the market - so my customer base was shrinking. I didn't at that stage feel up to creating something new and finding a new market to target - it was easier just to get a normal job. But guess what the company I work for now does to make it's money ?

      Yep, same thing, only difference is, I'm not the one who has to stress when a customer takes 3 months to pay. I can spend my time doing what I'm good at - which is writing code.

      --
      Unicode killed the ASCII-art *
    35. Re:Your side is always the good guys. by VON-MAN · · Score: 1

      Did you just create this account to troll a few people here?

      The man said "_serious_ GPL supporter".

    36. Re:Your side is always the good guys. by zidium · · Score: 0

      NO NO NO!!! You're post is full of false information!

      ALL OF THOSE projects you mentioned have maintainers who are DEDICATED to their projects being used by proprietary software.

      Hell! Did you know taht the GPL fanatics (and creators/maintainers/enforcers) believe that it should be ILLEGAL for someone to send out a proprietary Linux kernel driver?! They are CHOMPING AT THE BIT to sue makers like Nvidia and AMD JUST FOR RELEASING drivers for that operating!!

      Did you know that the only thing that keeps them at bay is Linus Torvalds, who adamantly refuses to allow this sort of monkey business and refuses to move the kernel to the GPLv3?!?

      No. I'm **sure** Torvalds is sick of these GPL nutters and wonders, why oh why, didn't he use the usertools from the BSD folks in the first place?

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    37. Re:Your side is always the good guys. by TinyLittleMend · · Score: 1

      Did you just create this account to troll a few people here?

      Do you often troll? It's funny, because people seem to enjoy accusing those they disagree with of "trolling."

      What is "serious"? That makes no difference to my comment, anyway.

    38. Re:Your side is always the good guys. by zidium · · Score: 1

      I'm sure the argument that you just happened to luck out is not a strong one.

      All it takes is ONE hostile fork to TOTALLY ruin your day when the GPL is used. Just check this out:
      http://www.xmule.ws/phpnuke/modules5125.html

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    39. Re:Your side is always the good guys. by zidium · · Score: 1

      Hidden and compulsory EULAs are how The System works to keep us enslaved, man.

      Just check out these two documents for all the proof you'll ever need:

      George Mercer - Invisible Contracts [lays out (and proves) how stuff like opening a bank account, and/oror getting a drivers license, has you signing interlocking contracts that compels you to pay Federal Income tax]
      http://www.constitution.org/mercier/incon.htm

      They Own It All, Including You: By Means of Toxic Currency
      How just using Federal Reserve Notes (aka USDs) or Euros is akin to agreeing to very intense EULAs on what you can do with anything you purchase (and how everythign really belongs to the state, anyway, via hypothecation).
      http://www.wisdomproject.cc/url/H

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    40. Re:Your side is always the good guys. by VON-MAN · · Score: 1

      What is "serious"?

      _Good_ question.

      Well, Miriam-Webster gave me:
      Synonyms of serious:
      earnest, grave, humorless, no-nonsense, po-faced [British], sedate, severe, sober, sobersided, solemn, staid, uncomic, unsmiling, weighty

      Now please tell, which of these this _you_ think it was?

    41. Re:Your side is always the good guys. by TinyLittleMend · · Score: 1

      _Good_ question.

      Exactly. Now what prevents such people from being "serious"? I saw nothing, and that's why that question is worth asking. What did he mean by "serious"? If he meant one of those, then nothing. If he meant something else, then he'll just have to let it be known what he actually meant.

    42. Re:Your side is always the good guys. by zidium · · Score: 1

      I don't see why someone can't be a GPL advocate and a pirater at the same time?

      After all, they believe all digital content should be freely accessible, so to them, it's morally the same.

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    43. Re:Your side is always the good guys. by man_of_mr_e · · Score: 1

      Anyone who's argument against BSDL involves "giving back to the community" doesn't understand the GPL.

      There is nothing in the GPL that requires anyone to "give back to the community". You are under the requirement to give source code ONLY to those you give the binary to. You don't have to give it "back to the community".

      It's true that the people you sell the software to (with source code) could turn around it and release it publicly, but that's unlikely to be the case very often. After all, they paid for it, why would they want to give it away to everyone else?

      The fact is, if you predicate your support of the GPL because of a belief in a tit-for-tat, then you are sorely mistaken. What you really want is something like MPL.

    44. Re:Your side is always the good guys. by zidium · · Score: 1

      I don't see why someone can't be a _serious_ GPL advocate and a pirater at the same time..

      After all, they believe all digital content should be freely accessible, so to them, it's morally the same.

      To me, it looks like you (VON-MAN), anonymous, and a few others are engaging in an trollfest against TinyLittleMend.

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    45. Re:Your side is always the good guys. by Coeurderoy · · Score: 1

      What makes you think that Free Software/Open Source supporters think it's OK to pirate closed source tools ?
      The only case in which we might think it's acceptable is when we need to circumvent restriction on thirst party content.

      We do not want to use closed source tools ever, if we can avoid it.

      So if you have a software using a restrictive license, go ahead I'll just avoid using it.
      But if because of monopolistics shennanighans you stop me from accessing legally purchased content, then yes I might support somebody's efforts to retroengineer your toll booth...
      Just as you are welcome to read a GPL code to understand a specific protocol and then reimplement it anyway you want, and slap whatever license you want, as long of course as you write your own code.

    46. Re:Your side is always the good guys. by __aaltlg1547 · · Score: 1

      This goes well with my point. It's not that I'd consider violating GPL. It's that I consider the terms of the license so objectionable that I wouldn't want to use it at all for any software I intended to sell. BSD license terms, on the other hand, I have no problem with.

    47. Re:Your side is always the good guys. by __aaltlg1547 · · Score: 1

      >Work for a company that sells software. Form my own company to sell software. >Work for a company that sells software. Form my own company to sell software. >In the latter two cases, you need to use copyright to control the distribution of the software. If you don't control the distribution, the price you can get for the software is zero or damn near that and your kids are going to starve.

      Wrong. There are quite a few successful companies that do free software, and have been for decades.

      The key word is few. Your example is a particular case of one of the ways I outlined to make some money out of a license like GPL.

      But a few people wanted additional features - not least one company who wanted to start a franchise of the type of small businesses my software was aimed at. These people were my bread and butter.

      emphasis mine. The sparseness of your market illustrates the reason why GPL isn't suitable for most programmers who want to earn money selling the product of their work.

    48. Re:Your side is always the good guys. by Arker · · Score: 1

      No true scotsman aside, you are quite correct.

      I have had that accusation flung at me before, but it's a matter of wilful ignorance on their part. I dont advocate violating the copyright on proprietary software. I DO argue that I have never and will not accept any EULAs, and use any proprietary software I am forced to use under copyright law as is, without asking for or accepting any additional permissions or restrictions, and without ever in my life taking seriously the idea that an unreadable page of gibberish, presented to me *after* purchase along with a demand that I must accept it, even remotely resembles a valid and binding contract, or a license either, for that matter.

      But rejecting EULAs is not the same thing as rejecting copyright, not at all. And unlike any EULA I have ever seen, the GPL is actually a *license* in both form and spirit. The GPL explicitly agrees with me (and with copyright law) that I dont need a license to use either the binaries or the software itself, only to engage in activities otherwise prohibited by copyright law such as distribution. Since I dont often engage in such activities, I rarely accept even the GPL, but I have no problem doing so when necessary - i.e. in order to distribute a derived work.

      But a EULA? When would I ever conceivably need to agree to that? What benefit would I derive from it? The right to use the binary? Already mine under both copyright and common law. The right to distribute modified binaries? Oops, the EULA doesnt grant that. So it has no purpose other than legal intimidation.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    49. Re:Your side is always the good guys. by hairyfeet · · Score: 1

      What I have always found interesting is how much of their rhetoric, especially against the BSDs and those using proprietary software, is very similar to the *.A.A. In both cases they come up with ever more crazy "doom scenarios" that will befall you if you don't do things THEIR way, and both act like any path other than doing things their way is just insanity and "you must be one of THEM!" if you don't agree with them. I always found that fascinating, how you can take a post from a rabid GPLer and a rabid pro *.A.A and change very few words and have the same post.

      This is extra funny when you read some of the hoops RMS used to get through flaws in his own philosophy, such as by DISABLING the ability to update the firmware that suddenly magically makes it a "circuit" and thus okay, wait, what? Oh its just old RMS finding a way to wiggle around the fact that a piece of software isn't FOSS by coming up with a loophole to make it still work under GPL when it don't.

      Frankly I find all the crazy hoop jumping and rhetoric kinda interesting, as RMS doesn't seem to be advocating classic communism, he doesn't seem to be having a problem with paying electricians or doctors or dentists, just programmers who should all work for free. Oh he says you can sell GPL software sure, but logically its obvious you can sell ONE copy and after that you are screwed. of course there is the support model but again logically it wouldn't make sense to do your best as if it works perfectly OOTB why would you need to buy support?

      Logically the entire movement just doesn't make sense to me. a good programmer takes years of schooling and experience in the field, yet somehow they are supposed to be worth less than everyone else, as nobody is is being asked to work for free under RMS' rules, just programmers. What makes the sweat off the programmer's brow worth less than the dentist or mechanic? Do they not just as much education and hard work to achieve quality in the field? Hell maybe I could understand it if RMS were a classical communist or socialist, where everyone should work towards the group doing better but he's not, he just doesn't seem to think programmers are worth anything. Kinda ironic when both projects he gets credit for, GCC and Emacs, are actually forks that he "blessed' to keep from being cut out of the loop.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    50. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Despite appearances, not everyone on Slashdot thinks alike. I personally really do believe copyright is fundamentally rotten and, consequently, that the GPL is unsound.

      However, This does not stop me from supporting GPL licensed software. I happily donate to the FSF and have used Debian as my primary OS for nearly a decade. If, in the future, some malicious entity attempts to seize the intellectual property of something like Debian and use it to attack/sue others I will do what I can to subvert it.

      In practice, it is very difficult to attack others for natural behaviour using the GPL. In contrast, heavier copyright licenses (particularly those that cover music and movies) use the full power of copyright law to persecute ordinary people for natural and moral behaviour.

    51. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Are you sure you mean anarcho-communist, or do you really mean anarcho-syndicalist?

    52. Re:Your side is always the good guys. by neonsignal · · Score: 1

      And your post is full of false speculation.

      Can you give even one example of anyone relevant who wants to sue Nvidia and AMD for releasing proprietary Linux drivers? No, thought not. Richard will tell you that you end up with a non-free distro, but hey, that's just pointing out the obvious. The FSF are well known for the view that non-free software is morally wrong; but their approach has not been to make legal changes, but to encourage the development of free software and set up a licence framework that will protect the freedom of end-users, and then to educate users.

      And just because Linus disagrees with the GPLv3 changes and has different goals to the FSF, doesn't mean that he disagrees with the GPL. He chose to use GPLv2, and thinks that it is close to what a licence should be. Pragmatism is not his only driver; he may not have articulated what he means by "open source" as clearly as others, but actions speak as loudly as words for a programmer.

      Robust discussion is a hallmark of the free software world; you have been mislead if you think Linus would contemplate giving up GPL just because of a few mailing list flame wars.

    53. Re:Your side is always the good guys. by neonsignal · · Score: 1

      Fortunately most software businesses are not selling software, they are selling problem solving. They are providing a way for their customers to achieve a goal using software. Preventing the customer from accessing or modifying the program that they paid for is, in the long run, counter-productive. Locking customers in to your services might be good for short term profit, but it isn't a good business.

    54. Re:Your side is always the good guys. by silentcoder · · Score: 1

      >The key word is few. Your example is a particular case of one of the ways I outlined to make some money out of a license like GPL.

      No the keyword in "quite a few" is most certainly not "few", it's a phrase that means "a lot".

      >. The sparseness of your market illustrates the reason why GPL isn't suitable for most programmers who want to earn money selling the product of their work.

      You are reading what you want to read. My market was most certainly not sparse, when I said few there I was talking relative to the total number of users. If you measure the number of potential customers it's a different story. The truth is I had to turn some customers away because I simply couldn't service all of the contracts I was offered (there are, after all, only so many hours in a month and I can't sell the same hour to two different companies). I could actually afford to be picky about which customers' features I wanted to develop.

      Now was mine a multi-billion dollar business ? Nope, but why should THAT matter ? I made very good money, way more than I could earn as a salary at the time which is really good for a one-man business. You declared that programmers cannot make a living out of the GPL - I decisively proved you wrong, so now you choose to argue matters of degree: "oh SOME programmers can make a living that way..."

      The problem is you spoke about programmers earning a living but we both know that isn't what you actually meant - which is why my post bothered you. What you actually meant is: "I personally am too greedy to be happy with the money I can make ethically so I will defend a system that denies my customers their basic freedoms in order to let me exploit them for more money."
      Hey, don't feel too bad- every corporation on earth agrees with you and will do the exact same thing to the maximum extent they can get away with it. But personally I have a conscience and I refuse to do business outside of what I consider fair and ethical practise. Now of course, that means I'll make less money than the people who don't do honest, fair and ethical business - but I do not consider that an argument in favour of unethical business.
      That really is the essence of your argument: "Charging protection money is much more profitable than selling legitimate insurance."

      --
      Unicode killed the ASCII-art *
    55. Re:Your side is always the good guys. by arose · · Score: 1

      You forgot Richard M. Strawman!

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    56. Re:Your side is always the good guys. by arose · · Score: 2

      It's only hard to figure out the GPL if you are trying to skirt it. As long as you stay within the intent, i.e. all downstram users can can run, receive complete source code (including build scripts), modify, distribute modified versions and, in case of GPL3, run modified versions on the hardware you shipped them on, you are very unlikely to run into problems.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    57. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      You misspelled: "Those who are suspected of violating the GPL and despite being real companies with real lawyers think that an audit is preferable to argue a copyright infringement case". Said case would be very short, i.e. never make it past discovery, if they could demonstrate compliance.

    58. Re:Your side is always the good guys. by Anonymous Coward · · Score: 0

      Show me one GPL violator that has been "fully punished". In case you weren't aware copyright infringement penalties are absurd, full punishment for even a mid-grade violation could bankrupt just about anyone.

    59. Re:Your side is always the good guys. by unixisc · · Score: 1

      It isn't that one is trying to skirt it. One is all for the software item being distributed, as long as it's being paid for. That is what makes freedoms 2 & 3 of the GNU very unsuitable for business - if I'm a software vendor and lose 90% of customers, who might have otherwise paid for it, it wouldn't be long before I go out of business.

      GPL3 turns out to be very unsuitable for content delivery boxes like TiVo, where a content provider doesn't mind the content being played back, but is against it being distributed. Aside from that, certain other things, like forcing downstream users of the software to freely license any related patents they might have is another thing that makes it radioactive. Also, while GPL3 is compatible w/ more licenses, such as Apache, it also has certain termination clauses that would make one pause - while removing the violations puts one back into compliance, any objections from the software creator would put the offender back into the doghouse. That's one of the main reasons that many, if not most companies don't want to touch it w/ a bargepole.

    60. Re:Your side is always the good guys. by unixisc · · Score: 1

      Actually, Linus very categorically says that these days, he doesn't describe himself as an advocate of 'Free Software' or 'Software Freedom' because he sees them as animous and divisive people who are negetively affecting the perception of the public about Linux. I'm not sure what he thinks about Open Source, but I believe that Eric Raymod created that movement as a pragmatic side of what the FSF was doing, in order to do damage control about the perception that the FSF was business hostile. Yeah, Linus does endorse GPLv2, but he explicitly disagrees w/ parts of GPLv3, such as turning in the public keys if they are required to build an app. He also doesn't have any problems w/ what Stallman calls 'Tivoization', where a box is locked down in order to be acceptable to content providers.

    61. Re:Your side is always the good guys. by rohan972 · · Score: 3, Insightful

      This goes well with my point. It's not that I'd consider violating GPL. It's that I consider the terms of the license so objectionable that I wouldn't want to use it at all for any software I intended to sell. BSD license terms, on the other hand, I have no problem with.

      You would license software you sell as BSD? Since that would be even worse for restricting redistribution I can only assume you mean that when you want to use other people's code in your proprietary program you prefer BSD.

      Obviously proprietary software vendors like to use other people's work for free without reciprocating as it gives them a competitive advantage. I trust you understand that people who illegally copy your work are just applying the same principles as you, sans license compliance.

      I'm not saying I approve of copyright infringement, I don't. I use predominantly software under GPL or similar license because I want to use software legally. The license conditions are not at all onerous to me, unlike some EULAs and copy protection schemes etc.

    62. Re:Your side is always the good guys. by unixisc · · Score: 1

      While analyzing the issues around 'Tivoization', I read the GPLv3, and found an interesting paragraph in section 6 (Conveying non-source forms):

      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. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

      In the example you seem to be using above, or in the case of the Replicant phone, they seem to be planning to get around GPL3 by putting the closed source parts in ROM, and then calling it a circuit.

      But that begs the question of why can't this be allowed for TiVo's locked down box as well? After all, usually, whether an OEM uses a ROM, an OTP/MTP PROM or a lockable flash memory device is really just a question of economics. The way it works is that when a product is still relatively new and there may be bugs in the firmware that may need field updates, flash is used. However, once that code is field tried and tested long enough, typically, it may migrate to PROMs or masked ROMs if the volumes are large, translating into greater savings. However, if the volumes are not large, the OEM might just choose to stay w/ the flash memory version of the product, making use of its Write-Protect# features to lock it down, so that it serves the same purpose, w/o having to re-spin the design when the volume ROI is just not there.

      So TiVo's used of a locked down flash is not much different from what, say, a printer w/ a masked ROM (for different fonts and languages) might use. If the FSF guys are willing to contrive the definitions of circuits to get around their own license in GPL3, why can't they allow that TiVo is doing something similar to putting its code in a ROM, which is something the GPL3 allows? Why draw any distinctions b/w whether TiVo actually uses a ROM vs whether it uses a flash memory device and then locks it down? The end result is the same. In fact, if I understand right, the only reason TiVo puts flash into it is so that when it recovers the box from a customer after the customer moves, or discontinues the service, it can temporarily unlock it, reflash it to make it look like new, and then repackage it for a new customer. It's not so that TiVo can change the firmware but the customer can't.

    63. Re:Your side is always the good guys. by neonsignal · · Score: 1

      Yes - you aren't sure what Linus thinks about "Open Source", because his role is not an advocacy one. His interest is as much an engineering one as anything, and it is the open source software development model that interests him:

      I like the *process*. I like writing software. I like trying to make things work better. In many ways, the end result is unimportant – it’s really just the excuse for the whole experience. It’s why I started Linux to begin with – sure, I kind of needed an OS, but I needed a *project* to work on more than I needed the OS.

      [from the techcrunch interview this year]

      But having said that, his deliberate choice to use the GPL advances the cause of free software; whether you want to spend all day defining terms and factions is up to you.

    64. Re:Your side is always the good guys. by arose · · Score: 1

      Actually I believe I managed to reply to the wrong post, it was intended for the one above yours where it makes a lot more sense... However it keeps baffling me that people expect the GPL to be supportive of businesses that are its very antithesis, or at least describe it's flaws in such light. It's meant to lock out people charging per copy.

      Content delivery boxes can write their own or using something more suitable. The benefits are not worth the risk of every consumer device turning into a "content delivery box", a trend that has only become more clear since the GPLv3 was introduced. Anyway, it was just a clarification of existing intent, hell, locking the user out of their hardware violates freedom 0.

      You are right that I forget the patent licensing, however it is quite clearly limited to contributors and only radioactive to parties that expect to pursue patent violations against GPLv3 users. In short, parties who are themselves are highly radioactive to anyone who would want to use (since patents can be enforced against people only taking advantage of freedom 0) the software. What possible reason is there to let people who reserve the right to sue you, even if you are otherwise compliant, to contribute to your software? Apache recognized this as well, even though their license is otherwise permissive.

      You seem to misunderstand the automatic forgiveness added in GPLv3, there is nothing there to pause as compared to GPLv2 as it is strictly more permissive. GPLv2 automatically and permanently removes your license upon violation. Since the FSF views fixing violations as more important than suing the violators it made sense to let violators fix any violations on their own and regain the license automatically instead. The added clauses mean that if you screw up, notice it and fix it you have a license again 60 days later, unlike with the GPLv2 where you technically need to contact every copyright holder and have them explicitly restore it.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    65. Re:Your side is always the good guys. by hazah · · Score: 1

      I support GPLv3. I do not believe people should code for free.

    66. Re:Your side is always the good guys. by __aaltlg1547 · · Score: 1

      If you ever work for a living, you will understand my point. Until then, keep looking for an employer that will pay you to develop software they can't sell.

    67. Re:Your side is always the good guys. by __aaltlg1547 · · Score: 1

      >The key word is few. Your example is a particular case of one of the ways I outlined to make some money out of a license like GPL.

      No the keyword in "quite a few" is most certainly not "few", it's a phrase that means "a lot".

      And Humpty Dumpty always means what he says, never more nor less.

      I think it's quite likely that what you think of as "quite a few" meaning a lot, relative to your personal ability to service potential contractees, coincides with what I mean by "few" relative to the number of potential such contractees compared to the total number of people employed writing software. And if I am right about that, it means that most programmers will have to make their living in some other way, for example developing software that is of general use but not worth thousands of dollars to any single customer. It's that business model that is hard to make compatible with, for instance, GPL3. Thus my quote that immediately follows:

      Now was mine a multi-billion dollar business ? Nope, but why should THAT matter ? I made very good money, way more than I could earn as a salary at the time which is really good for a one-man business. You declared that programmers cannot make a living out of the GPL

      No, I declared that MOST programmers can't because the markets they would have to serve to do that comprise only a small portion of the much wider market for software.

      I decisively proved you wrong, so now you choose to argue matters of degree: "oh SOME programmers can make a living that way..."

      The problem is you spoke about programmers earning a living but we both know that isn't what you actually meant - which is why my post bothered you.

      Your post bothered me because you are an egotistical jackass who is more interested in blowing your own horn than in recognising certain facts about the software industry, including the number of programmers you would have had to share your business with if they were all trying to make money in the customizing-free-software business. I'm sure you think you're the only person with your skills. That goes well with the egotistical horn-blowing.

      What you actually meant is: "I personally am too greedy to be happy with the money I can make ethically so I will defend a system that denies my customers their basic freedoms in order to let me exploit them for more money."

      Why don't you stop trying to psychoanalyze me and stay on topic? This is not about my motivation or ethics. It is about whether the GPL is restrictive to the point that it prevents or should prevent the use of GPL'd software in commercial endeavors.

      I think it is and, perversely, you're arguing with me about my morals even though you seem to think it is too because you consider me to be intending to do something immoral if I want to have FOSS included as components in a product that I otherwise develop and want to then control the distribution of any portion of the total package that contains the code that I developed.

      Hey, don't feel too bad- every corporation on earth agrees with you and will do the exact same thing to the maximum extent they can get away with it. But personally I have a conscience and I refuse to do business outside of what I consider fair and ethical practise. Now of course, that means I'll make less money than the people who don't do honest, fair and ethical business - but I do not consider that an argument in favour of unethical business. That really is the essence of your argument: "Charging protection money is much more profitable than selling legitimate insurance."

    68. Re:Your side is always the good guys. by silentcoder · · Score: 1

      >No, I declared that MOST programmers can't because the markets they would have to serve to do that comprise only a small portion of the much wider market for software.

      But if all software was GPL then the market would for GPL related work would be just as big as the entire software market today (GPL+everything else).

      > I'm sure you think you're the only person with your skills. That goes well with the egotistical horn-blowing.

      Well, considering that I'm in the smallest and most elite (in the real meaning of the word) programming group in my company, I clearly have some rare skills. That said- as it stands there are too many programmers out there - most of them are horribly bad. That isn't good for anybody, all it does is give an oversupply in the market and make everybody else earn less. Anything that reduced the programmer market to people who actually loved to program would only benefit programmers ... oh and customers too.

      >This is not about my motivation or ethics. It is about whether the GPL is restrictive to the point that it prevents or should prevent the use of GPL'd software in commercial endeavors.

      Actually it is. The primary motivation for the existence of the GPL is ethical. See commercial consideration is secondary - it doesn't MATTER to those of us who use it. We don't CARE whether it's the most PROFITABLE license, only that it's the most ETHICAL license. First you draw the ethical line, then you figure out a businessmodel. Only a greedy, unethical bastard could think it's EVER acceptable to even ASK the questions in the other order. Congratulations, I see a great career on wall street for you.

      >I think it is and, perversely, you're arguing with me about my morals even though you seem to think it is too because you consider me to be intending to do something immoral if I want to have FOSS included as components in a product that I otherwise develop and want to then control the distribution of any portion of the total package that contains the code that I developed.

      If you want that control, which you should not ethically ever have, right now the system lets you have it. All you have to do is write your OWN damn code. If you want o use MY code, you use it under MY terms. I will never accept that a customer out there could be using code I wrote, and not have all the freedoms I intended him to have.
      The GPL lets me share my work with those who share my ethics, and deny it to those who do not share those ethics and who would use it in ways I consider harmful to my end-users.

      As far as I'm concerned a legal mandate for the GPL on software wouldn't even count as "market interference" - it would just be a consumer rights law. Demanding that the source code be shipped with software is no more wrong than demanding that a candy bar list the ingredients on the side. Allowing a user to to modify it is no more wrong than letting him melt the chocolate he bought, mix it with whipped cream and use it as a cake decoration. Allowing him to share it, is no more wrong than letting him tell his neighbour how he made his chocolate icing.
      None of it is market interference - they are just basic human rights, basic freedom of speech and consumer-rights which the current system does not recognize.
      I believe in those rights, so I do my work in ways that protect them, even if the law hadn't caught up to the need for them yet. That you wish to exploit this gap in the law for profit I cannot prevent, but at the very least I can prevent you from using MY code to do it with.
      The law is supposed to protect people's rights, not guarantee anybody's profits. Finding a viable business model is YOUR responsibility, not the governments. Their job is to protect your CUSTOMERS not YOU.

      --
      Unicode killed the ASCII-art *
    69. Re:Your side is always the good guys. by silentcoder · · Score: 1

      >No. I just want clearly drawn lines between what is considered a modification that must be shared back, what is considered licensed use and what I have a right to control in a product that includes GPL controlled programs and libraries along with programs and content that I wrote. It takes a programmer and two lawyers just to figure out what the hell GPL3 means.

      Anything that changes the code that was there is a modification and must be shared.
      This part of GPL didn't even CHANGE between 2 and 3. What was added was only 2 things:
      1) Some patent rules, - that simply cover exactly what was there but for patents
      2) A restriction that prevents you from stopping users who want to run modified versions of the software through hardware hacks (TiVo style).
      These did not change or expand ANYTHING in the "share a modification" clauses, they are exactly as they always were.

      --
      Unicode killed the ASCII-art *
    70. Re:Your side is always the good guys. by silentcoder · · Score: 1

      >It isn't that one is trying to skirt it. One is all for the software item being distributed, as long as it's being paid for. That is what makes freedoms 2 & 3 of the GNU very unsuitable for business - if I'm a software vendor and lose 90% of customers, who might have otherwise paid for it, it wouldn't be long before I go out of business.

      If you can't figure out a way to make money without exploiting people, then you deserve to go out of business. It's not the FSF's responsibility to give you a market or a business model. Their job is to make sure users know what rights they can demand. Lucky for you the lawmakers haven't listened to them... yet.

      --
      Unicode killed the ASCII-art *
    71. Re:Your side is always the good guys. by rohan972 · · Score: 2

      If you ever work for a living, you will understand my point. Until then, keep looking for an employer that will pay you to develop software they can't sell.

      Since you've immediately resorted insults based on unfounded assumptions about my working life I don't hold out much hope for any type of reasoned discussion from you. I do work, but my work isn't easily duplicated by everyone. If I decide to go into programming, I would be programming industrial robots I would own, not selling copies of a program. I understand your point just fine.

      You want to sell proprietary software. That's fine by me. If you were not a freeloader, your position would be that you prefer proprietary licenses to Free/Open Source licenses. You aren't releasing your work as either GPL or BSD. It's other people's work you prefer to be licensed as BSD instead of GPL, so you can use it in your proprietary program. Therefore your preference for BSD over GPL is not based on your desire to sell your own work at a profit, it is based on your desire to sell other people's work at a profit without recompense to them.

      Your distaste for the GPL is not a deficiency of the license. You don't like it because it has the intended effect.

    72. Re:Your side is always the good guys. by unixisc · · Score: 1
      Actually, in section 8 of GPLv3, there is this paragraph

      However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

      In other words, even if one has stopped violating the license, if the copyright holder explicitly and permanently terminates the license, the rights are terminated. Whether it's justified or not, it does explain why companies prefer dealing with software that's under other licenses.

    73. Re:Your side is always the good guys. by Eunuchswear · · Score: 1

      Freedoms 2, and to an extent, Freedom 3 of the GNU - the 'help your neighbor' clause - pretty much prevents a software creator from restricting distribution only to paying customers. If that ultimate goal is ever achieved, the only people writing software will be those who are doing it as a hobby.

      So, RedHat are just in it for fun. Interesting.

      --
      Watch this Heartland Institute video
    74. Re:Your side is always the good guys. by Eunuchswear · · Score: 1

      t's not that I'd consider violating GPL. It's that I consider the terms of the license so objectionable that I wouldn't want to use it at all for any software I intended to sell.

      Good. I'm happy for you. Let a million flowers bloom.

      What I hate are the people who whine about the GPL taking away their "freedom" to base their stuff on GPL software and not give the same rights to others.

      --
      Watch this Heartland Institute video
    75. Re:Your side is always the good guys. by arose · · Score: 1

      I'm aware of how the GPLv3 deals with the issue. Compare to the GPLv2 where there is no "however", you are toast by a single violation, yet companies deal with it just fine. Of course if some companies prefer to not participate (and many don't) that's perfectly fine, the goal is not to get the code into as many products as possible regardless of what rights they grant or take from the downstream users. E.g. "Microsoft would never have adopted the Linux TCP/IP stack, GPL(v2) is poison to corporate adoption!", "Did them adopting the BSD licensed stack increase the legal rights of Windows users?".

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
  2. Oracle vs. Google and the GPL -- by Bookwyrm · · Score: 4, Interesting

    Out of curiosity, If APIs cannot be copyrighted, does this mean they cannot also be covered by the GPL? This would seem to be a fairly major implication of the Oracle vs. Google case. (Speaking strictly about API definitions/header files.)

    1. Re:Oracle vs. Google and the GPL -- by oiron · · Score: 1

      Most probably, yes.

      There's not really any question that GPLed APIs are not under copyright. The whole viral effect stems from the linking stage, which FSF claims will include the GPLed code into the non-GPL program, which the license doesn't allow. IIRC, there are judgements on this too, probably dating back to the Unix wars.

    2. Re:Oracle vs. Google and the GPL -- by Richard_at_work · · Score: 4, Interesting

      For a loooooong time the MySQL team were claiming that any library which implemented the API required to talk to MySQL also fell under the licensing terms for MySQL - you didnt have to link to anything provided by MySQL, you just had to use the same structures and names.

      Then they quietly stopped claiming it and all traces vanished from the MySQL website.

    3. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      Most probably, yes.

      There's not really any question that GPLed APIs are not under copyright. The whole viral effect stems from the linking stage, which FSF claims will include the GPLed code into the non-GPL program, which the license doesn't allow. IIRC, there are judgements on this too, probably dating back to the Unix wars.

      But (dynamic) linking is done by the end user, as a necessity or running the program. And haven't we heard that the GPL does not even pretend to restrict your right to run the program?

      That said, it's not clear that just because the Java package API's are not eligible for copyright, that no other (more "private") APIs could ever be.

    4. Re:Oracle vs. Google and the GPL -- by rohan972 · · Score: 1

      Out of curiosity, If APIs cannot be copyrighted, does this mean they cannot also be covered by the GPL?

      The GPL is a copyright license. Anything that is not covered by copyright can therefore not have the GPL applied to it.

      It bothers me that you could not figure this out for yourself and had to ask.

    5. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      I remember that back when MySQL AB was an independent company, they made a considerable effort to monetize their code by making it hard for users to roll out MySQL into large-scale production use without buying a proprietary license. I'm not sure that that's still the case now that the company has changed ownership a couple times.

    6. Re:Oracle vs. Google and the GPL -- by Richard_at_work · · Score: 1

      Yes, the point of their claim was so that you couldnt write a proprietary library and use that to talk to MySQL, you had to use their licensed libraries - which meant that for a commercial proprietary app, you had to license their commercial offering rather than just use the GPLed library.

    7. Re:Oracle vs. Google and the GPL -- by dkleinsc · · Score: 1

      The whole viral effect stems from the linking stage, which FSF claims will include the GPLed code into the non-GPL program, which the license doesn't allow.

      That's why nearly anything you'd want to link to is LGPL - that way, you can link to the library in question without being a derivative work under GPL definitions. For instance, you can write anything you want on top of glibc, and it won't have to be GPL'd.

      The whole "viral effect" of the GPL is to prevent somebody from taking a useful GPL'd application, adding a few bells and whistles to it, and then pawning the whole thing off as their own. Linking to an LGPL library does not do that. If you want the functionality of GPL'd code in your code, but don't want to make your stuff GPL, then you have to write that functionality yourself or license it some other way.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    8. Re:Oracle vs. Google and the GPL -- by turbidostato · · Score: 1

      "For a loooooong time the MySQL team were claiming that any library which implemented the API required to talk to MySQL also fell under the licensing terms for MySQL"

      I've been around here quite a long time and I don't remember such an assert. Can you provide any link?

      What I *do* remember is that MySQL position was that if you wanted to *link* code to their GPL-provided libraries, such a linked code should be under the GPL too.

      Which, AFAIK, it the FSF position too.

    9. Re:Oracle vs. Google and the GPL -- by Mr.+Underbridge · · Score: 1

      Can't see any other way, copyrights are copyrights. And I don't think the GPL has ever implied that it can cover the APIs.

    10. Re:Oracle vs. Google and the GPL -- by PPH · · Score: 1

      I suppose that would depend on whether the linked code was covered by the GPL or LGPL. The former does not allow linking by non-GPLed code whereas the latter does. As the linked Wikipedia article states, its a matter of strategy: Do you want to carve out an advantage for GPL apps? Or do you want to attract vendors (with other licensing policies) to your platform?

      The no copyright for APIs decision might make this issue moot. If proprietary APIs can't be copyrighted (to impose proprietary licensing restrictions on apps) then GPL libraries probably can't keep non-GPL progs from calling them. And the playing field is even. The whole 'include GPL libs into non-GPL progs' is probably a non-issue for dynamically linked libraries. They do not become a part of a distributable package, they get their own text space in memory and the linking doesn't persist after the application's use. This protects the end user. My grandmother doesn't have to worry about libraries, licensing, the BSA knocking at her door, etc. when she uses Ubuntu. Let the developers fight that out.

      --
      Have gnu, will travel.
    11. Re:Oracle vs. Google and the GPL -- by oiron · · Score: 1

      As I said, I'm not sure of the legal precedent, but apparently it exists for dynamic libs too. That's why LGPL was written - to clear up the ambiguity, more than anything else.

    12. Re:Oracle vs. Google and the GPL -- by StormReaver · · Score: 3, Informative

      Out of curiosity, If APIs cannot be copyrighted, does this mean they cannot also be covered by the GPL?

      The GPL exists within copyright law, so yes, that's what it means.

      This would seem to be a fairly major implication of the Oracle vs. Google case. (Speaking strictly about API definitions/header files.)

      The judge's decision about API non-copyrightability merely continues the status-quo that has been in place for decades, and is little more than a footnote in computing history; a footnote that reads: "Nothing new happened. An evil company was unable to change decades of standard practice to fit its own warped agenda."

      The GPL continues on as it always has.

    13. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      Out of curiosity, If APIs cannot be copyrighted, does this mean they cannot also be covered by the GPL? ... (Speaking strictly about API definitions/header files.)

      IANAL but my understanding is that it's well settled that facts are not copyrightable, so all Judge Alsup did was merely affirm that API function names, parameters and data types are not copyrightable.

      However a particular arrangement of API function names, parameters and data types may be copyrightable. That is you can't just rip-off someone else's API definitions/header files, but you can copy the API function names, parameters and data types within it.

      The classic example is a phone book. You can't just photocopy someone else's phone book and distribute it, but the names and numbers in it are just facts. So you can copy those names and numbers and make your own phone book and distribute that.

      Anyway, just my take on Judge Alsup's decision, IANAL, YMMV, AM&FM.

    14. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      Out of curiosity, If APIs cannot be copyrighted, does this mean they cannot also be covered by the GPL? This would seem to be a fairly major implication of the Oracle vs. Google case. (Speaking strictly about API definitions/header files.)

      correct, I could use libagar and some macros and wrapper code to emulate the gtk api that would allow you to compile gtk apps against libagar, while maintaining a bsd license. For that matter you could implement anything with anything so long as you don't directly copy the internal code, only the function names and parameter and return types.

    15. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      The judge said that API are copyrightable, but Oracle's Java API isn't copyrightable.

    16. Re:Oracle vs. Google and the GPL -- by Richard_at_work · · Score: 1

      I don't have any links - I tried looking for stuff to back this up a year or so ago and couldn't find anything linkable then - but I do have an archive of a dozen or so emails between myself and a MySQL salesman in 2002 where he outlined the exact issue described. Up until 2006 or so, MySQL considered *all* communication mechanisms with the MySQL server as "linking", and thus the license applied even if you wrote your own library and communicated with the TCP/IP socket directly, not calling any of MySQLs libs.

    17. Re:Oracle vs. Google and the GPL -- by chrismcb · · Score: 1

      Out of curiosity, If APIs cannot be copyrighted, does this mean they cannot also be covered by the GPL?

      Correct. The GPL is only enforceable because of copyright. If the API isn't copyrightable, you don't have to listen to someone's else copy right.

    18. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      a MySQL salesman

      Ah, there's your problem.

    19. Re:Oracle vs. Google and the GPL -- by Anonymous Coward · · Score: 0

      Even when linking to dynamic libraries the linker will need them to generate the binary.
      Admittedly you could just do with a stub, but who does that?
      Either way the GPL depends on the term "derivative work", and presumes that a work B that heavily depends on and could not work without A is a derivative work, regardless of the technical details like who does the linking.
      Note that this means if you programmed to a generic interface that has a BSD licensed (very limited, but usable) implementation there likely isn't an issue with also, at the end-users option, to support a GPL-based variant to get additional features. Of course those can't be core functionality.
      Of course the usual disclaimer, I am not a lawyer, and even a lawyer probably couldn't tell you for sure whether something is a derivative work and what is core functionality.

  3. Easier Solution - BSD by Anonymous Coward · · Score: 0

    No licensing cops necessary. End of story.

    You're welcome.

    1. Re:Easier Solution - BSD by game+kid · · Score: 2

      Maybe, but I'm sure there are hardcore people out there who would break even the lax license of FreeBSD. Surely someone is on their team to give the legal equivalent of "lol GTFO" when a user decides to e.g. offer it stripped of the copyright notice or try to claim a nonexistent warranty.

      --
      You can hold down the "B" button for continuous firing.
    2. Re:Easier Solution - BSD by LurkerXXX · · Score: 1

      Please point out the many instances of this that show that it is an issue.

      Hint: it's not.

      BSD is an easier solution.

    3. Re:Easier Solution - BSD by oiron · · Score: 1

      And no benefit to the community either.

      Thanks but no thanks.

    4. Re:Easier Solution - BSD by LurkerXXX · · Score: 1

      Certainly there are benifits to the community. Microsoft used the BSD TCP/IP stack when they first released Windows NT. BSD users were very happy for that. It ment that the large number of new machines coming online with a new MS OS would be using a tried and tested TCP/IP stack that played well with others on the net.

    5. Re:Easier Solution - BSD by oiron · · Score: 2

      Now, supposing MS made some fantastic improvement to the BSD stack, and didn't contribute those changes back... Which they may have done, but we'll never know.

      The community benefits are demonstrably less in this case.

      Whereas, if it were under the (L)GPL, MS would be forced to pay back into the community, for the service that they received in the form of not having to reinvent their own TCP stack, or buy it from someone else.

      Essentially, it's a Free Lunch for them. Some creators or authors may be fine with that, but I, personally, am not.

    6. Re:Easier Solution - BSD by LurkerXXX · · Score: 2, Informative

      You are ignoring the fact that the community did benifit. Which you previously said did not. And MS got to get the stack out without worrying about lawyers hassling them about the license, which was a benifit to them.

        You are quite free to license your own software under as restrictive a license as you want, no one said otherwise. Just don't spout off that the BSD license doesn't benifit the community.

    7. Re:Easier Solution - BSD by Magic5Ball · · Score: 1

      The alternative to BSD is not necessarily GPL.

      MS could have implemented their own stack, or bought out Trumpet Winsock, or taken any number of alternative paths where (L)GPL could have no effect.

      --
      There are 1.1... kinds of people.
    8. Re:Easier Solution - BSD by oiron · · Score: 1

      The specific benefit to the community is not the one we want, maybe.

      The original post, however, was a one-line snark. I responded with another one-liner.

      More importantly, this is about enforcing the GPL. It would be the same for the BSDL. How many companies actually comply with all three clauses?

    9. Re:Easier Solution - BSD by Anonymous Coward · · Score: 0

      The users of MS software are also part of the community, so the community did benefit. The community also benefited from a monopoly using a standard network stack, which meant it played nicely with the competition. If it MS made their own stack, it probably would have further enhanced their monopoly and made *nix look even worse.

    10. Re:Easier Solution - BSD by Anonymous Coward · · Score: 0

      The point of the BSD license is that the community NEVER loses anything. By removing unnecessary restrictions, it only makes its potential market larger. The whole "better a smaller slice of a bigger pie" argument.

      There are a lot of examples of BSD getting extra support over GPL because a company didn't want to be forced to release their few lines of private code that made no difference to the over-all feature added.

      Hypothetical: A company wants to make to make the network stack better. Part of the requirement for their project is to have a non-standard internal protocol supported. They decide they can't use GPL, so they jump into BSD and make the TCP stack 100x faster. GPL just lost out because they wanted that internal protocol included.

      Or maybe a company decided to embed a logo into their program, which made it not work with GPL because they didn't want to give up rights to their logo. They instead go BSD and exclude the "code" with the embedded logo. You know, stupid stuff. GPL wants control over all of it.

      The perfect is the enemy of good.

    11. Re:Easier Solution - BSD by LurkerXXX · · Score: 1

      "The specific benefit to the community is not the one we want, maybe."

      We want? Who is we? The original poster endorsed the BSD license, and you said it had not benifit to the community. It certainly does have a benifit the BSD BSD community wants. If someone is wants to use BSD code, and the BSD developers/users are happy with the benifit, who gives a crap what GPL users think they are getting out of the deal?

      As for how many companies comply with 'all 3 clauses', it would probably depend if the software was licensed under the 4 clause, 3 clause, or 2 clause license. As far as stats, I don't have any. Do you? The threshold of meeting the BSD licensing requirements is low enough, most companies just seem to do it with no real issue.

    12. Re:Easier Solution - BSD by bmo · · Score: 1

      Then just release your code into the public domain if you don't want any copyright enforcement.

      Where is your BSD-License god now?

      --
      BMO

    13. Re:Easier Solution - BSD by oiron · · Score: 1

      I was reacting to the smugness in the OP's idea - "No licensing cops necessary". It's not that simple.

      We want? Who is we?

      We referring to those who choose the GPL; "we" want more than the warm fuzzy feeling that somebody else is using (and profiting from) our code without giving anything tangible back.

      The original poster endorsed the BSD license, and you said it had not benifit to the community. It certainly does have a benifit the BSD BSD community wants. If someone is wants to use BSD code, and the BSD developers/users are happy with the benifit, who gives a crap what GPL users think they are getting out of the deal?

      This article is about GPL compliance, where a BSDL troll decides to make a smug statement. I'm merely saying that the situation is more complex than that.

      As for how many companies comply with 'all 3 clauses', it would probably depend if the software was licensed under the 4 clause, 3 clause, or 2 clause license. As far as stats, I don't have any. Do you? The threshold of meeting the BSD licensing requirements is low enough, most companies just seem to do it with no real issue.

      Obviously, I meant 3-clause. The critical question is about clause 2:

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

      How many commercial organizations actually bother, I wonder... This should be done for every piece of BSD-licensed software they distribute.

      How many remove/replace the copyright notices from the BSD code (something I remember the BSD guys getting very hurt about when somebody else in the FOSS community does)? There's compliance involved, whether it's enforced or not.

      No, I don't have stats; I don't even know if they are available.

    14. Re:Easier Solution - BSD by Anonymous Coward · · Score: 0

      I've actually found BSD license compliance issues in the Linux distribution space, it was quite surprising.

    15. Re:Easier Solution - BSD by arose · · Score: 1

      BSD is source code file level copyleft. Apparently people berating GPL folks for wanting people who distribute derivative works to fork over their code don't approve of showing the source code of derived files without forking them over. That or they don't even understand their favorite, simple to understand license.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    16. Re:Easier Solution - BSD by ToasterMonkey · · Score: 1

      Now, supposing MS made some fantastic improvement to the BSD stack, and didn't contribute those changes back... Which they may have done, but we'll never know.

      The community benefits are demonstrably less in this case.

      Whereas, if it were under the (L)GPL, MS would be forced to pay back into the community, for the service that they received in the form of not having to reinvent their own TCP stack, or buy it from someone else.

      Essentially, it's a Free Lunch for them. Some creators or authors may be fine with that, but I, ipersonally, am not.

      If you already had made the decision to give your TCP stack away, why do you care how other people use it? You say "pay back ... for the service" when someone makes changes to your project, but otherwise they can ride free. It's really, really confusing why you only think your project holds some value in just the one case, but not the other?!

      If you feel you deserve compensation, then by gosh that means you think software has value above and beyond the cost of electrons to copy it. *gasp* *whatabizarreconcept*

      FOSS to me is like an apple tree where you let anyone come by and eat as many apples as they want for free, but if someone wants to breed trees of their own from your yours, they have to have the same arrangement... because THEY would then owe the community of apple eaters as if they ripped a tree from the earth to plant their own.

      I don't get it. Apples should be free, so if you derive some value from them you stole from us? It's like apples are just SCREAMING "I am valuable!" and you are trying really hard to ignore it.

  4. If you want to keep control. by Anonymous Coward · · Score: 0

    Then any cops you pay for are the good guys. It all boils down to control. And trying to keep control while releasing your 1's and 0's to the world.

    I support violating software in any way shape or form you can imagine.

    Your pattern of 1's and 0's deserves no special protection no matter what license you use.

    Sometimes chaos is simpler and more acceptable.

  5. Wrong link by mrsam · · Score: 5, Informative

    Another job well-done, by the alleged editors. That link goes to the second page of a two-page article.

    First page.

    1. Re:Wrong link by rtfa-troll · · Score: 2

      My bad. Sorry. I even spotted it during submission but seem to have copied the wrong link over the one I got right. I guess it proves that I really am the RTFA-troll though. If the editors had read the article they would have noticed :-) :-)

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    2. Re:Wrong link by Anonymous Coward · · Score: 0

      Why the fuck aren't the single page print versions ever TFA link?

    3. Re:Wrong link by Anonymous Coward · · Score: 1

      I think it's a courtesy to the linked-to site, which makes a lot of its money based on ad views and clickthrus. They helped us out (providing the content), we'll help them out (directing readers to the pages with ads).

  6. Re:so the avg slashdot commenter by icebraining · · Score: 1, Informative

    How do you know those are GPL advocates?

  7. Re:so the avg slashdot commenter by icebraining · · Score: 0

    And follow-up: how do you know those few dozen "commenters" that post in a single story are average /. "commenters"? Maybe pro-file-sharing advocates are more likely to post in file-sharing stories...

  8. Re:so the avg slashdot commenter by k(wi)r(kipedia) · · Score: 5, Insightful

    I think the double standard come from the simple fact that no "serious" GPL advocate has ever tried to sue or extort money from mere users of GPL programs. On the other hand, the "evil" studios or their henchmen (army of lawyer types) appear hellbent on making every freeloading downloader pay. Typical targets of GPL "threats" tend to be companies not individual users.

  9. Re:so the avg slashdot commenter by TinyLittleMend · · Score: 3, Interesting

    the typical argument is 'we are robbing those evil studios so its ok'.

    No, that's just a straw man. I suspect most people here wouldn't even call it "robbing." And there are people who are against copyright in general but believe that as long as copyright should exist, so should the GPL. I know simplifying the matter makes it easier to attack your opponents, but do lay off the straw men.

  10. Re:so the avg slashdot commenter by Electricity+Likes+Me · · Score: 2

    Also the merits of any given argument are not invalidated by the company in which they are held by individuals.

  11. Effects by Chemisor · · Score: 1, Insightful

    When you use laws to advance your agenda, you will find that the effects are not what you intended. These "good guys" appear to believe that enforcing the GPL would result in more mobile devices with all software on them open sourced. But that, of course, isn't going to happen. If a company does not want to release the source code now, it will not release the source code in the face of legal sanctions either. It will simply stop shipping the product. Then it will purge all GPL software from any future devices. Linux is not the only OS available, you know. Thus the end result of GPL enforcement is not more open source devices, but fewer. It is true that none of them will be "stealing" the work of GPL programmers, but is that really of any concern to anybody but them? The result for users is fewer available choices, each running on a proprietary OS with weird UIs. Is that what you are really after?

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

      The head of the Linux kernel project has explained in many interviews why he chose the GPL v2 license (and incidentally why GPL v3 was rejected).

      Russian proverb: If you do A, then you must do B.
      A = assign license
      B = enforce license

    2. Re:Effects by inglorion_on_the_net · · Score: 3, Informative

      When you use laws to advance your agenda, you will find that the effects are not what you intended. These "good guys" appear to believe that enforcing the GPL would result in more mobile devices with all software on them open sourced. But that, of course, isn't going to happen. If a company does not want to release the source code now, it will not release the source code in the face of legal sanctions either. It will simply stop shipping the product.

      Got any numbers to back up that claim? I know of several cases where vendors have, from the get-go or after legal action, made source code available. At least some of those vendors still ship devices + GPL code (DLink is an example of a vendor that initially resisted, but now provides access to the source code). I don't know of any vendors that have stopped shipping GPL code when made to comply with the license. But that's just what I know. If you have data that shows there is a significant trend in either direction, please share.

      --
      Please correct me if I got my facts wrong.
    3. Re:Effects by Anonymous Coward · · Score: 0

      But there's also a proverb that says something along the lines of: the strictness of Russian laws is counteracted by their lack of enforcement.

    4. Re:Effects by magic+maverick+ · · Score: 3, Informative

      If they don't want to follow the simple rules, then they don't have to use the product. Sure there are other OSes, but few are as cheap, widespread, and as easy to use as the GNU/Linux and BusyBox/Linux combinations.

      In fact, I would love for all the people who don't want to follow the GPL when it comes to Linux, BusyBox and the GNU tools to stop using them. Start using costly alternatives like QNX, or whatever. If the products are better, people might buy them. But the cost of the OS will make the cost of the hardware go up.

      --
      HELP MY ACCOUNT HAS BEEN HACKED BY AN ILLIBERAL ART STUDENT SET TO DESTROY THE INTERWEBZ!
    5. Re:Effects by drinkypoo · · Score: 4, Insightful

      These "good guys" appear to believe that enforcing the GPL would result in more mobile devices with all software on them open sourced. But that, of course, isn't going to happen.

      [citation needed]

      If a company does not want to release the source code now, it will not release the source code in the face of legal sanctions either. It will simply stop shipping the product.

      If the company depends on the success of the product and it will otherwise go out of business it will release the source and then sell the product. Otherwise, you are correct. Not my problem, or yours either.

      Thus the end result of GPL enforcement is not more open source devices, but fewer.

      No, and also no. The end result of GPL enforcement is more open source devices, because some of them will release the code, whereas without the enforcement, none of the offending parties will release the code, and thus the source remains closed.

      It is true that none of them will be "stealing" the work of GPL programmers, but is that really of any concern to anybody but them?

      Who is "them" in this case? Try harder.

      The result for users is fewer available choices, each running on a proprietary OS with weird UIs.

      [citation needed]

      There's lots of companies "making" hardware without doing any R&D at all. They license designs, or they steal designs. Then they contract someone to build the parts, assemble the devices and so on. When it comes time to assemble a software stack they're looking for whatever is going to enable them to make the most profit. If the hardware supports Linux and they think their market will embrace Linux then it's a no-brainer; the software stack is free. They customize some graphics, and offer the source from their website for at least as long as they hope to have it on the market, or as long as the company is in existence which is sometimes even shorter. More and more cheap Linux-based devices are showing up all the time in spite of your assertions and in spite of ongoing GPL enforcement efforts. Your statements are thus utterly unfounded.

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

      It will simply stop shipping the product.

      Thats the point. They should stop shipping the product if they don't comply. They should use these other Os's you know.

      If the result of doing that is 'running on a proprietary OS with weird UIs.' then I hope that the competition the brings products to market using linux and being in line with their responsiblities to the GPL will push s out of business companies the can't produce the goods.

      "is that really of any concern to anybody but them?"

      Damn straight it is.

    7. Re:Effects by Anonymous Coward · · Score: 0

      I don't know of any vendors that have stopped shipping GPL code when made to comply with the license.

      Linksys used to put Linux on all of their home routers but now uses a closed-source OS on most of them. Of course, this might be due to the closed-source OS having lower hardware requirements: they still sell routers with higher specs for people who want to run Linux.

      But that's the only example I can think of and it's pretty minor.

    8. Re:Effects by drinkypoo · · Score: 1

      I don't know of any vendors that have stopped shipping GPL code when made to comply with the license.

      Linksys used to put Linux on all of their home routers but now uses a closed-source OS on most of them.

      Are there cases where a firmware update for a shipping product replaced Linux with another operating system? I'm aware of plenty of Linksys hardware where a later revision of the "same" hardware has a totally different core and often different WiFi hardware as well, but none where it has a wholly different kernel, except maybe a slightly later one which is still Linux.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:Effects by transwarp · · Score: 1

      Are there cases where a firmware update for a shipping product replaced Linux with another operating system? I'm aware of plenty of Linksys hardware where a later revision of the "same" hardware has a totally different core and often different WiFi hardware as well, but none where it has a wholly different kernel, except maybe a slightly later one which is still Linux.

      A firmware upgrade to a device replacing a kernel? Not that I know of.

      A new "minor revision" with the same product name replacing the kernel? Yep, WRT54G v1-v4 ran Linux (the origin of OpenWRT), v5+ cut the RAM in half and ran VxWorks. Linksys renamed the v4 the WRT54GL and IIRC sold it for a premium over the regular WRT54G.

      Check out the first table in the wikipedia page: http://en.wikipedia.org/wiki/Linksys_WRT54G_series

    10. Re:Effects by drinkypoo · · Score: 1

      Wow, way to totally ignore my comment.

      I'm aware of plenty of Linksys hardware where a later revision of the "same" hardware has a totally different core and often different WiFi hardware as well

      A new "minor revision" with the same product name replacing the kernel? Yep, WRT54G v1-v4 ran Linux (the origin of OpenWRT), v5+ cut the RAM in half and ran VxWorks.

      Whiskey tango foxtrot

      I actually own about four WRT54Gs now. I just installed DD-WRT on a WRT54G2v1 this evening... I have a Dlink DIR-655 as well, it's not supported by anything but there's a GPL download so I have downloaded it to see if I can get DD-WRT or better yet Tomato running on it. It's only got 4MB flash but it has GigE and three external antennae (as well as a USB port) so I think it's worth the effort anyway.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:Effects by arose · · Score: 1

      Stopping distribution doesn't fix the copyright violation they already committed. Between that and retooling your software chain it's far easier to release whatever minor modifications they've made. Most, if not all, of them don't really have anything to protect, just have messed up practices geared towards keeping as much secret as possible.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    12. Re:Effects by drinkypoo · · Score: 1

      Stopping distribution doesn't fix the copyright violation they already committed.

      IIRC under GPLv2 it was considered an adequate remedy to any violation...no?

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

      No, only v3 added such. Under v2 you lost your license, permanently, and strictly speaking would have to (re)negotiate compensation and a new license or reinstatement with each individual copyright holder.

    14. Re:Effects by Anonymous Coward · · Score: 1

      Stop shipping the product? Right, I would like to see a that discussion.
      Lawyer: Lets stop the production of our main product, and drop the share price with 80%, and call for bankruptcy.
      Boss: You said what?
      Lawyer: Else we need to allow users access to their bought devices. It will be the end of everything!
      Boss: So you are telling me that I got two options. 1) I can go bankrupt, 2) have some 0.1% of our users edit their own devices.

      I know what I would have done...

  12. Re:so the avg slashdot commenter by Zero__Kelvin · · Score: 2

    There was a time when it was common for most slashdot readers to be GPL advocates who wouldn't touch Windows with a 10 foot pole. That was long ago. Now, there are many, many Windows users. Some of them are GPL advocates, and others hate Linux. Nobody knows what the split is, since the vast majority of Slashdot readers don't post very often if at all.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  13. Re:so the avg slashdot commenter by Anonymous Coward · · Score: 0

    is not a serious GPL advocate?

    Oh my god, is it really that hard to write an entire sentence in one place? It's a massive interruption to the reading process to have to think "what the fuck is he trying to say there?" for several seconds until you realise that the first half is hidden away in the subject line.

  14. Re:so the avg slashdot commenter by oiron · · Score: 4, Interesting

    Well, the "average Slashdot commenter" is a fictional entity - an average between trolls, spammers, real commenters, with massive variation in how informed they are. There are all kinds here - conservatives, liberals, die-hard anarchists, windows users, mac users, linux people, and most importantly for this discussion, supporters of every single license ever made by man or troll!

    If you could show a statistical correlation between the people here (or elsewhere) who advocate GPL and those who advocate infringement of proprietary software, I'd accept your point. Until then, it's hearsay and borderline slander.

    Anyway, by "serious", I meant people like Stallman and Eben Moglen, who are actually doing the advocacy in a long-term, sustained manner.

    Most importantly, the people running this operation are SFLC, FSF and others, who are definitely in the "use free alternatives, don't pirate" camp.

  15. Re:so the avg slashdot commenter by aristotle-dude · · Score: 1, Insightful

    I think the double standard come from the simple fact that no "serious" GPL advocate has ever tried to sue or extort money from mere users of GPL programs. On the other hand, the "evil" studios or their henchmen (army of lawyer types) appear hellbent on making every freeloading downloader pay. Typical targets of GPL "threats" tend to be companies not individual users.

    The GPL is not a EULA (End User License Agreement) which is funny because I have seen several GPL'ed products display the GPL on the installation screen. What am I supposed to do with that license? The installer does not install the source code and I am not compiling anything. The GPL is a "source" license, not an end user agreement. While the GPL might try to impose conditions on the original compiler and distributor of the binary derived from that code base, I am under no obligation to follow the GPL since I will not use the source code. I think it's fine to include the GPL as a separate file and references to the GPL in the program about screen but it is not an agreement that I should have to agree to on the installer wizard.

    I may have a compiler on my computer and know how to use it but GPL advocates should pretend that any recipient of a binary has no interest in the source code.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  16. Re:so the avg slashdot commenter by oiron · · Score: 4, Informative

    That screen is for information. In fact, several rights (and duties) are conferred on you when you accept the GPL. It's not only a source license - you received a binary of the software, and in that action, you received certain rights to the software. You should be informed of your rights and obligations under the GPL, same as under any other license.

  17. The contradictions are lost on them by DavidinAla · · Score: 0, Flamebait

    It's hilarious that the people in favor of forcing "freedom" for software on everybody else define freedom to mean that everyone should do things according to THEIR rules. If code is truly free, release it in the public domain. Of course, THAT would mean that you can't control what people do with it later -- and control is what the GPL is all about, despite the pretensions of its fans. They care about getting the outcomes they want, not about individuals having freedom to do whatever they choose.

    1. Re:The contradictions are lost on them by Anonymous Coward · · Score: 2, Insightful

      It's almost as ridiculous as people calling this a "free country" when you're not even allowed the freedom of owning slaves, right?

    2. Re:The contradictions are lost on them by Anonymous Coward · · Score: 0

      Nonsense. The GPL controls one aspect: The those who receive a compiled piece of software from someone also have the right to receive the source code used to create the binary, the required patent licenses to use the software for free, and that they may change and redistribute this source code freely. No further control over the code is enforced by means of the GPL. In fact, the GPL is even incompatible with discrimination against specific uses.

    3. Re:The contradictions are lost on them by DavidinAla · · Score: 1, Insightful

      The GPL controls what people can do with the code they get. Period. End of story. If you want complete freedom -- as GPL supporters claim -- they can't use this license. It LIMITS what people can do.

    4. Re:The contradictions are lost on them by Anonymous Coward · · Score: 0

      Now you're comparing IP to slaves? Forced freedom is never freedom. It is impossible to steal an idea.

    5. Re:The contradictions are lost on them by Anonymous Coward · · Score: 0

      Can't use BSDL then either, as it LIMITS you from redistributing code without including the list of authors.

    6. Re:The contradictions are lost on them by bluebomber16 · · Score: 1

      Incorrect, or at least misleadingly lacking. The GPL does control what you can do with software, but the things it tries to prevent you from doing are limiting others. If the license prevents you from limiting others, I refuse to consider that a negative limitation. You may disagree, of course. This argument strikes me as the choice vs. freedom argument. Freedom implies choice, but not the converse. Similarly here, control is not always negative if its purpose is to prevent you from controlling others.

    7. Re:The contradictions are lost on them by DavidinAla · · Score: 1

      No, it's not wrong. It's also not misleading. The GPL CONTROLS what people can do with software. Just admit that you believe in CONTROLLING people in the name of achieving a RESULT you like. If that's your position, I have no problem with it, but it's hypocritical to posture as an advocate of giving people complete freedom and believing that restrictions are wrong -- except the restrictions that YOU happen to like.

    8. Re:The contradictions are lost on them by Burpmaster · · Score: 1

      The law against murder CONTROLS what people can do with guns. Just admit that you believe in CONTROLLING people in the name of achieving a RESULT you like. If that's your position, I have no problem with it, but it's hypocritical to posture as an advocate of giving people complete freedom and believing that restrictions are wrong, and then try to defend yourself when I point a gun at you.

    9. Re:The contradictions are lost on them by DavidinAla · · Score: 2

      Yes, I DO like controlling people who are intent on committing murder. And your point is WHAT exactly?

    10. Re:The contradictions are lost on them by Burpmaster · · Score: 1

      So you take the anti-freedom position on the murder issue?

    11. Re:The contradictions are lost on them by DavidinAla · · Score: 1

      You're not very bright, are you? The people who advocate for the GPL claim they are advocating complete freedom with code. The people who advocate for laws to punish murder don't pretend that they are in favor of people having the freedom to murder each other. In both cases, the advocates are trying to CONTROL behavior. People who are against murder admit it. People who don't want people to do what they want with software (unless they approve) are hypocrites.

    12. Re:The contradictions are lost on them by Burpmaster · · Score: 1

      So you think nobody ever uses the word 'freedom' to argue that a law against murder is a good thing?

    13. Re:The contradictions are lost on them by Anonymous Coward · · Score: 2, Insightful

      The GPL controls what people can do with the code they get. Period

      Please buy a cluebat and whack yourself with it.

      The GPL controls what people can do with the code they distribute. Receiving the code is completely free and unburdened, end-user licences are explicitly disallowed iirc.

      And please, stop insulting the intelligence of most old-time /. readers. Of course a license places limits on what you can do, that's the point of law. If you want to advocate anarchy, then do so explicitly, or at least stop pretending like you don't.

      And before you even think of a reply, consider that "complete freedom" includes the freedom to control other people. "Complete freedom for all people" is a paradox in itself.

    14. Re:The contradictions are lost on them by arose · · Score: 2

      The people who advocate for the GPL claim they are advocating complete freedom with code.

      There certainly are some, but what proof do you have that this is universal (in the face of the specifically defined four freedoms from the originators) or even particularly common?

      The people who advocate for laws to punish murder don't pretend that they are in favor of people having the freedom to murder each other.

      There's plenty of people who are never aware of any conflict, so I guess they don't exactly pretend... However there is still a significant subset who choose to advocate punishment of murders by defining it outside of freedom or similar doublethink.

      In short, black and white thinking will get you nowhere is this argument. Either way, your other problem is that you want to force a language double standard, when you advocate for people to disclaim freedom with CONTROL of how people can interact every single time and call them hypocrites for doing it. Well, then you start approaching an argument.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    15. Re:The contradictions are lost on them by Anonymous Coward · · Score: 0

      Total freedom is never a good idea. I do not like people having the freedom to murder me, hit me in the face, or loot the wallet I got in my pocket. I do want freedom of speech, freedom of improving my life, freedom in life. Liberty does not equal no laws, it means laws that protect the freedom of the people.

      GPL's freedom is about liberty. It forbid the distributor to limit people around him. That is the only thing it forbid. If your actions are not limiting others, then GPL adds zero requirements on you.

  18. I'm so stupid. by steve.cri · · Score: 1

    I never quite understood why many hardware producers do not provide linux drivers, or at least the means for third parties to write them. They simply have to conceal the fact that they are stealing from the open source community!

  19. Is MyCleanPC GPLv3? by unixisc · · Score: 1, Interesting

    troll feeding mode: The real question is - is MyCleanPC licensed under GPLv3? You see, I'd like to see the source code to this available, so that if it is, as one suspects, a virus, one can alter it to become a real anti-virus and release it that way. And if any virus-authors get hold of it and want to make a virus out of it, they can do it, but they must release the source code to this baby. It should also not be on any locked-down hardware - freedom 3 of GNU - the freedom to modify and distribute the changes - should be there. Assure me that MyCleanPC is completely GPLv3 liberated software, and I'll be more than happy to look @ it. /troll feeding mode

    1. Re:Is MyCleanPC GPLv3? by shentino · · Score: 0

      Expecting virus writers to follow copyright law is ludicrous.

      Same argument for banning handguns...only honest people will disarm.

  20. Piracy not disavowed by unixisc · · Score: 0

    While it's true that the FSF and the SFLC have advocated 'Use liberated alternatives', don't pirate has never been explicitly urged by any of them. In fact, in one of his essays (which I reproduced from the GNU website in a recent GPL thread on /.), Stallman clearly says that if your neighbor asks your for a software that you use, it would be wrong not to give it to him, under the 'help your neighbor' pretext. Nowhere does her ever urge people to stick to the terms of any agreement - he only argues on whether those agreements are ethical in the first place or not.

    1. Re:Piracy not disavowed by FrangoAssado · · Score: 3, Insightful

      Stallman clearly says that if your neighbor asks your for a software that you use, it would be wrong not to give it to him, under the 'help your neighbor' pretext.

      Yes, he does, but you missed the point. That's his reason for never using proprietary software: if you do, you're put in the position where you must either do the wrong thing and deny helping your neighbor, or do the wrong thing and break the license of the proprietary software.

    2. Re:Piracy not disavowed by Anonymous Coward · · Score: 0

      While it's true that the FSF and the SFLC have advocated 'Use liberated alternatives', don't pirate has never been explicitly urged by any of them.

      I imagine they've never publically stated "don't rape and murder" either, so does that mean they support rape and murder?

    3. Re:Piracy not disavowed by unixisc · · Score: 1

      They've never debated rape and murder. They have argued about piracy.

    4. Re:Piracy not disavowed by unixisc · · Score: 1

      Read his essay titled 'Why software should not have owners'. In it, he clearly says that if you're using a software and your neighbor asks you for it, it would be wrong to say no. In other words, he considers it wrong to follow the law governing the use of that software.

    5. Re:Piracy not disavowed by FrangoAssado · · Score: 4, Interesting

      OK, let's try to understand the point of the essay, since reading the title is not enough. At the beginning of the conclusion, he wrote:

      As a computer user today, you may find yourself using a proprietary program. If your friend asks to make a copy, it would be wrong to refuse. Cooperation is more important than copyright.

      If you stop reading there, you might get the impression he's advocating breaking proprietary licenses. But if you keep reading, you see that, immediately after that (in the same paragraph!), he wrote:

      But underground, closet cooperation does not make for a good society. A person should aspire to live an upright life openly with pride, and this means saying no to proprietary software.

      Is it too hard to see that he's not saying that you should help your neighbor by violating proprietary licenses, but instead that you should not use proprietary software in the first place?

    6. Re:Piracy not disavowed by The+Evil+Atheist · · Score: 1

      Is it too hard to see that he's not saying...

      It is very hard to see when the gp poster refuses to understand.

      --
      Those who do not learn from commit history are doomed to regress it.
    7. Re:Piracy not disavowed by zidium · · Score: 1

      Non sequitar much?

      --
      Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
    8. Re:Piracy not disavowed by Anonymous Coward · · Score: 0

      It's just declining to help somebody b'cos it violates another agreement.

      An "agreement" some feel is immoral. Just like what you just said. Law isn't everything.

    9. Re:Piracy not disavowed by Anonymous Coward · · Score: 0

      One can keep reading all one wants, but there's no getting around that statement

      There's a term that describes picking a quote out of an essay and refusing to acknowledge the other ideas connected to it: "quoting out of context". It's generally not very good to base your argument around this.

      As for your analogy: I don't know if Stallman considers fraud "less wrong" than not helping your neighbor, but I think that his position would be that you should try to avoid both. The point you refuse to understand is that when it comes to software licenses, it's very simple (although, for some people, it might not be easy) to avoid being in a position where one has to choose the lesser of two evils.

    10. Re:Piracy not disavowed by mcgrew · · Score: 3, Interesting

      Honestly, I find that pathetic. This is not like conscientous objectors hiding Jews when Nazis came looking for them. It's just declining to help somebody b'cos it violates another agreement. Do we always do everything our friends and neighbors ask us to do? If my neighbor asked me to help set up a forgery outfit to help him out of his poverty and joblessness, would it be right or wrong of me to refuse?

      You know, buddy, hyperbole that stupid doesn't belong here. First you take Stallman completely out of context, then you resort to extreme hyperbole. When you have to resort to either tactic, you already lost the debate.

      Don't let the screen door hit your ass on the way out, MAFIAA shill. You're outed!

  21. Liberated s/w vs open source vs piracy by unixisc · · Score: 0

    Stallman makes it a point to argue that the GPL is not about 'open-source', but rather, about the liberation of software. As in the 4 GNU freedoms. Your conflation of the GPL w/ open-source misses the point about why a lot of people - not just businesses, but non commercial software projects, want nothing to do w/ the GPL, even if they are convinced and have embraced the principle of open source.

    On this one issue, even though I think they're being anal, I agree w/ Stallman and the FSF. Open Source is not so much a philosophy, as much as it's a development methodology, described @ length by ESR in 'The Cathedral and the Bazaar', so that a software project can leverage all the external help that it can get, in terms of peer review and what not, and ultimately release a software using terms and conditions it feels are most suitable to its goals. Some of the assumptions are over-optimistic, such as the 'millions of eyes' argument, since more often than not, the only people reviewing the source code of a program are the project members themselves, and maybe a handful of downstream users most interested in it. Otherwise, every open source program out there would be as excellent as Mozilla used to be. But the goal of the Open Source movement is just that - to ensure that source code accompanies the binaries of all software that changes hands. Now, whether the hands have to be changed or not, or whether the creators can impose other restrictions on the software not having to do w/ source code release - that's a different issue altogether.

    What the FSF and Stallman advocate, and what the GPL protects, is something they misleadingly call 'Software Freedom', but which I more accurately describe as the 'Liberation of Software'. In Open Source, you can have licenses that restrict the distribution of software downstream, which most businesses that make their money from it would likely want to do, even if they like using Open Source while developing their apps. However, under the GPL, there's no way one can do that, since that would run afoul of Freedom 2 of the GPL, and even Freedom 3. Similarly, on the issue of 'Tivoization', Open Source doesn't have a problem w/ a company making a device in which the software is locked down, as it is in the case of Tivo. However, the FSF does have a big problem w/ that, which is one of the reasons they changed the GPL to come up w/ version 3, since it violates Freedom 3 of the GNU.

    On the issue above of whether it's hypocritical or not to respect FOSS licenses while disregarding proprietary ones, the argument that the OP of this thread was making was if the GPL people cannot respect proprietary licenses and stay off software that uses licenses that they dislike, then they have no business complaining when other people violate the GPL while distributing GPLed software.

  22. Re:so the avg slashdot commenter by zidium · · Score: 1

    Yeah, seriously! What a nub!

    --
    Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
  23. Re:so the avg slashdot commenter by init100 · · Score: 1

    Slashdot has a large community of posters, but a community does not hold double standards, only individuals may do so. So, Slashdot has a (fairly large) set of community members promoting the GPL and similar licenses, and Slashdot has a set of community members advocating copyright infringement. But since we do not have any information about whether these sets overlap or not, we cannot accuse anyone of holding double standards.

    The sets may be completely disjoint (i.e. have no common members), or they may overlap to an unknown extent. But even if they overlap, there is no "average poster" that can be accused of anything, all you have is a set of individuals holding double standards. Only if those sets are almost the same, you can reasonably accuse the "Slashdot GPL advocates" of double standards. But since we have no such information, no conclusions can be drawn, and there is no point in continuing this discussion until someone actually collects and compiles the positions held by a large number of Slashdot posters, so that we have some real data to discuss.

  24. Re:Pirated Win XP Partition by init100 · · Score: 1

    Did you ever consider that this partition may be what remains of the operating system shipped with the computer?

  25. What is 'THE COMMUNITY'? by unixisc · · Score: 1

    Define 'community'. 99% of all software is proprietary, and so if anybody has the statistical right to use that term, it'd be people like Windows users, OS-X users and so on. People who use GPLed software are an asterisk - and even the overwhelming majority of Android users, which is what gives Linux their numbers, don't care about source code. Or 'software freedom'. When someone can show statistical data that demonstrates that a majority of computer users know programming or people who do and want access to the source code for anytime they'd want something fixed, then start talking to us about the 'community'.

    1. Re:What is 'THE COMMUNITY'? by ratboy666 · · Score: 1

      I'll take a stab at "community".

      "Open source" software actually predates "closed source". Proprietary? Sure, there have been many proprietary open source programs.

      For example, back in '76, I was with the company that produced "MicroChess" (I wrote the I/O routines for the TRS-80 and the Commodore PET).

      https://en.wikipedia.org/wiki/Microchess

      MicroChess was a proprietary program, and was the first program to sell over 10,000 copies. It came with full source code.

      The "community" here is composed of people who care about the software that they run, who are interested in it, and can make use of the ideas embodied in the source.

      The "community" is large enough to allow me to run my netbook with GPL software ONLY. Now, I do have some "closed-source" software on my netbook as well (Skype, Adobe Flash and Adobe Reader), but I really don't depend on any of these.

      How large is this "community"? I use Fedora, and here are some statistics.

      https://fedoraproject.org/wiki/Statistics

      I seem to be in a "community" of at least 2 million, and maybe much higher (it really is hard to tell).

      --
      Just another "Cubible(sic) Joe" 2 17 3061
  26. Re:Pirated Win XP Partition by VON-MAN · · Score: 1

    Then you should get out of your basement.

  27. Re:so the avg slashdot commenter by Anonymous Coward · · Score: 0

    Really? Why is there a agree/not agree radio button before I can proceed? Exactly like the EULA software installers.

  28. Re:so the avg slashdot commenter by man_of_mr_e · · Score: 2

    If it's for information, why must you click the "I Agree" button to continue?

  29. Re:so the avg slashdot commenter by man_of_mr_e · · Score: 0

    but a community does not hold double tandards, only individuals may do so

    But a community is made up of individuals. For instance, the KKK is a "community", and they certainly hold double standards. A political party is a "community" and I don't know of any organized political party that doesn't have double standards.

    Communities have beliefs shared by most of the community.

  30. Re:so the avg slashdot commenter by The+Evil+Atheist · · Score: 0

    Why don't you actually read the fucking licence and realize why people still need to "agree" when installing software.

    --
    Those who do not learn from commit history are doomed to regress it.
  31. Hackers nab €800,000 from Nordea Bank by David+Gerard · · Score: 0

    STOCKHOLM, Sweden, Friday (UNN) — Russian hackers have accepted €800,000 in donations from customers of Nordea, Sweden's largest bank, after a sophisticated "phishing" campaign recruited customers into downloading a Trojan horse program that recorded their account login details.

    The Russians had looked up the definition of "hacker" in the Jargon File and been inspired to leverage the creative power of open source Free Software. The first campaign took place in August 2006 and was detected a month later, having affected around 250 Nordea customers.

    The emails claimed to be from the Nordea Open Trojan Foundation, telling recipients to install an anti-spam and donation tool. Their computers were then infected by the Trojan HaxDoor.RMS.w32, which installs itself in C:\WINDOWS\SYSTEM32 and sends your passwords to its creators, but only after you have read through and accepted the GNU General Public License and checked the README file for known problems. The email also included full source code.

    Swedish police traced the attacks to Russia by looking at the contact details, including address and phone number, included in the README. They have filed over 100 bugs on the creators' SourceForge project and joined the mailing lists on the grass-roots marketing and publicity site SpreadHaxDoor.com.

    A Nordea spokesman said the attacks have "quietened down" after the initial influx last Autumn. "We are constantly looking at the security of our online banking and many different measures are taken. We are updating our systems behind the scenes. Many already run on enterprise Linux distributions, but we will be moving desktops to Linux as well for more efficient funds transfer with less reverse engineering required, and may recommend that our customers do the same."

    The Trojan only affects computers running Windows. "For unsupported platforms, we have an 'honor system' which gives our details so you can send some money in," said a spokesman for the hacker group. "We hope this will help and encourage contributors interested in porting the Trojan to other operating environments."

    --
    http://rocknerd.co.uk
  32. Grammar nitpick by jabberw0k · · Score: 1

    That's a piece of software. There is no such thing as "a software," "a hardware," or "a clothing."

    1. Re:Grammar nitpick by FrangoAssado · · Score: 1

      Thank you; I wish I could edit my comment. As you might have noticed, english is not my first language :)

    2. Re:Grammar nitpick by FrangoAssado · · Score: 1

      Oh, I'm so dumb... I thought you were talking about my comment (it seemed the kind of mistake I'd make).

    3. Re:Grammar nitpick by unixisc · · Score: 1

      Ideally, one should say 'software program or software item, but few seem to use the latter term these days. Somehow, thinking of 'software' as something like earthenware, seems pretty misleading, as 'software' is actually a countable entity, which isn't something collective in itself, like say, dough. But you are right - it was a mistake of me to say 'a software'.

  33. Re:so the avg slashdot commenter by zidium · · Score: 1

    Why don't you pop a Xanax and calm the fuck down?

    --
    Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
  34. Re:Pirated Win XP Partition by zidium · · Score: 0

    Between all the ad hominems and non sequitars in this article's comments, I'm shocked at the lack of logical thinking the FSF proponents are using!

    --
    Slashdot Valentines Beta Massacre: iT WORKED! The boycotts killed Beta!!
  35. Where GPL makes some sense by unixisc · · Score: 3, Insightful
    As I argued in 2 threads yesterday - the one about the Basque government's software choices, and another about the Chinese student who pilfered US government source code, one of the few good uses of GPLv3 is for government written software, where
    • The software written belongs to the taxpayer, and should ideally be in public domain (barring genuine classified stuff, such as military and intelligence software)
    • Having it under GPLv3 prevents anybody from profiting from it at taxpayer expense (since that was what was needed to create it in the first place)
    • Any changes to it, if transmitted, have to become transparent, and the taxpayers would benefit if it was actually of any use

    The only other case where it makes (less) sense is if a standard is coded, and one wants it to be open. If the goal is to encourage its use, BSD is better, but if the gual is to have it just as a teaching tool but not commercially viable, then GPL is right for it.

  36. Re:Pirated Win XP Partition by VON-MAN · · Score: 1

    What? Was I trying to be logical?

  37. GitHub by Midnight+Thunder · · Score: 1

    Maybe we could simply encourage the companies to put their code changes in a repo, such as GitHub and just provide a link to their profile?

    --
    Jumpstart the tartan drive.
  38. Re:so the avg slashdot commenter by Dagger2 · · Score: 5, Informative

    Because whoever made the installer did it wrong. When presented with the GPL in an installer, the button should read "Next" or "Continue".

    You do not need to accept the GPL just to use GPLed software.

  39. Re:so the avg slashdot commenter by man_of_mr_e · · Score: 1

    I would suggest that YOU actually read the fucking license. I have. Many times.

    You do not need to agree to anything in the GPL in order to install or use the software. In fact, the license itself says you don't have to agree to it.

    But a ton of GPL'd software requires you to click the "I Agree" to install.

  40. Re:so the avg slashdot commenter by genkernel · · Score: 3, Informative

    Dude, the GPL is one of the most simple licenses out there. Perhaps this isn't an issue with the other licenses because everyone just assumes that they will not be enforced, which strikes me as odd. But I still do not get how people miscontstrue the GPL in such a variety of ways.

    If you make an image with GIMP the image does not need to be released under the GPL! You are free to use the GPLed program, in this case GIMP for any purpose (seriously, for *any purpose*). An image created using GIMP is not a derivative work of GIMP, since no part of GIMP exists in the image. If you were to modify the source code of GIMP, then that would be a derivative work, but so long as that work is not distributed, you still do not have any oblications under the GPL. If you release your modification of GIMP then you must provide the source code licensed under the GPL and not use patents/copyrights to sue anyone over their use of your modified GIMP.

    So the GPL is completely viable for software that is used to create content, because it has absolutely no restrictions on that created content. You do not need to give people a copy of GIMP with every image you create with it, that is not what the text of the license says. Seriously, where did you get that idea? And just in case you need a citation, behold the GPL FAQ!

    Seriously, where do you get this sort of misinformation?

    On a side note, the ffmpeg issue is not as clear cut as you claim, since they don't use a normal GPL, but use a modified LGPL v2. I haven't read the ffmpeg license, but the LGPL allows linking, so they don't have to distribute ffmpeg, and it most likely doesn't properly exist in their software product anyways (remember, linking).

    --
    Any sufficiently advanced incompetence is indistinguishable from malice.
  41. Re:so the avg slashdot commenter by Coeurderoy · · Score: 1

    GPL has nothing to do with a very different issue which is the surveillance society that the media industry is trying to foster on us.
    The only "interface" is when this industry is trying to use DRM which cannot be implemented with a GPL license (as it would be trivial to make a small modification which would then bypass the control and redistribute it).
    Then the GPL supporters are aligning themselves with the "piratebay" users.

    The wast majority of the "pirates" are windows or macox users, do you think that Apple and Microsoft are "pro piracy" ?

  42. Re:so the avg slashdot commenter by Coeurderoy · · Score: 1

    Getting the "GPL" at installation point is just a way or the "packagers" who provide you with the software to inform you that you might, if you'd wish get the source.
    Of course they would put it in a separate file, and some do, but it's useful to educate people about the existence of this file, and a spash screen is an easy way.

  43. Re:so the avg slashdot commenter by Coeurderoy · · Score: 1

    So that you know that you cannot duplicate this software, slap a price on it, and distribute it while witholding the source.
    You cannot just do a binary patch changing the license into : "please send me money"...

  44. Re:so the avg slashdot commenter by Coeurderoy · · Score: 3, Informative

    Just plain not true, you can use gcc to write non GPL software, and emacs to write a non CC nor FDL book.
    You are bound by the GPL only if you redistribute the GPL code (modified or not), in the case of the GCC it even says explicitelly that the "chunks of code" it might reuse in the generated code are not GPL, since they are just a "traduction" of your "code"..

    The patent issue that you allude to in the video media comment is just the main reason the GPL V3 was created to avoid that people on one hand create liberties using GPL code, and then take them away with software patents..

    The issue there is not the GPL but the minefield the US Patent code has created for IT, software patents are always a bad idea.

  45. Re:so the avg slashdot commenter by ratboy666 · · Score: 1

    What is interesting is that you should be allowed to install and use the program -- WHETHER OR NOT you accept the GPL.

    If you say "No", you have can use the program, but not distribute it. If you say "Yes", you can distribute the program as well.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  46. Re:Pirated Win XP Partition by Coeurderoy · · Score: 1

    Damn, I knew I missed something on my computer, I have no win anything partition...
    But then it's my bad I'm not playing video games, which is the usual excuse...
    And if i did have a partition, it would be one I paid with my computer (although I would have prefered not to pay it but in practice had no choice, so I delete about 100$ when I cleaned my disk...

    And did you ever wonder, why they "had" to have such a partition ? (usually not pirated because it's unfortunately not necessary ?)
    For instance a friend of mine has an "educational management application" that only runs under windows that she is forced to use because the school she is working for has been conned into a agreement by the local microsoft "partner"....
    Does that make her an hypocrite, or somebody who has the choice between keeping her job or not ?

  47. Re:so the avg slashdot commenter by Anonymous Coward · · Score: 0

    My guess is that the GPL originated before content creation products were ever thought of being done in an open source way

    You mean like that "emacs" thing?

  48. Re:so the avg slashdot commenter by chrismcb · · Score: 1

    While users can "benefit" from the GPL, they can't break the GPL. Only people who redistribute the software with changes. This tends to be companies. In music cases, no companies are involved. And the end users are actually doing the dirty work.

  49. Re:so the avg slashdot commenter by chrismcb · · Score: 1

    The reasoning is that the created content is a derivative of the software,

    I'm not a big fan of GPL, v2 or v3 (or v1). But this is so not true. The software is a tool. You can'y convince anyone, that the final result is a derivative of the tool.

  50. Re:so the avg slashdot commenter by schroedingers_hat · · Score: 1

    So if you see a copyrighted work without a licence...you assume you can do these things?

  51. Greed is good by Anonymous Coward · · Score: 0

    Greed is good, It always has been always will.

  52. Re:so the avg slashdot commenter by oiron · · Score: 1

    Laziness, I would assume...

    "Agree" is probably in a lot of license-screen templates, and people don't bother changing it. And besides, you've got to agree to a license, right? Right?

    People who make the installer probably don't even understand what's correct there. Anyway, that's a pretty trivial issue.

  53. Re:so the avg slashdot commenter by exomondo · · Score: 1

    How do you know those are GPL advocates?

    He doesn't, that seems to be the question he's asking:
    so the avg slashdot commenter ... is not a serious GPL advocate?

  54. Re:so the avg slashdot commenter by unixisc · · Score: 1

    Slap a price on it is very much allowed, and even encouraged by the GPL. However, what isn't allowed is restricting any re-distribution, and that's what acts as a price dampener for the software being covered.

  55. Re:so the avg slashdot commenter by icebraining · · Score: 1

    Yeah, that's why I wrote my follow-up question below: how does parent know they're "average slashdot commenters"?

  56. Re:so the avg slashdot commenter by Coeurderoy · · Score: 1

    of course not, since the default "license" on copyright work requires you to ask the right holder.
    The issue with software is that people expect it to be "different" from another "written work", although there is no real reason for it, except that what you use is typically the "binary" and not the source, this makes it somewhat less obvious (yes I know at the end the only difference between the source and the binary is "cosmetic", but that is not obvious for most users).
    So people who do add a "say yes" on the GPL try to make the conditions obvious to their users.
    Moreover by offering an "EULA" like user experience, they try to communicate that this is not just a "freebee" but a real part of the economy, yes it works differently, but nevertheless it's an economical agent just like any other.

    The "crux" of the debate is really the following: about 85% of all software is "bespoken"; 15% is "licenced somehow".
    Free Software in an industrial setup main business model is to extract part of this 85% and put it in the 15% pot, the rational being that since it has to be paid anyway, and since typically it is not worthwhile for one company to spin off a small software activity because the launch cost are to high to leverage just the piece that it built, it is a rational choice to "give it away", and hope that the general development of software will accelerate because we do not need to reinvent the wheel so much.

  57. Re:so the avg slashdot commenter by Anonymous Coward · · Score: 0

    That's not a problem. I agree to the text, meaning I agree that I do not have to agree to the *other* parts of the text.

  58. Re:so the avg slashdot commenter by mat8913 · · Score: 2
  59. Re:so the avg slashdot commenter by T.E.D. · · Score: 1

    I disagree. There are situations (eg: looking for a library to use with a propretary product) where I sadly cannot use the GPL. In those cases, I'd rather find out before fully installing the sources, so that if I end up needing to reimplement the library myself, I can honestly say I never even unloaded the GPL source code on my machine.

  60. Why the GPL? by wcgOtt · · Score: 1

    Couple of questions I've always had about the GPL: a) Do developers understand the GPL when they license their code with it? b) Do open source projects choose the GPL as a default because its the most common open source license? Do they understand the alternatives like Apache or BSD, for example? c) Do companies using open source GPL code understand their obligations? My general comment on use of commercial use of open source is that often, especially where its embedded in products, companies are using it because it's perceived to be free (as in free cost but also free-to-do-what-you-want.) Often companies don't understand the viral nature when GPL code is embedded in a product and that their obligations under the license extend to each and every product they ship. Many of the cases of chasing after infringers have been related to redistribution in products where the main vendor is unaware of the implications (Cisco/Linksys, Westinghouse HDTV.) The important point is that most (all?) open source software is licensed and thus carries obligations.

  61. Re:so the avg slashdot commenter by hazah · · Score: 1

    The good ol' days :).

  62. -1, slanderous libel. by Dwonis · · Score: 1

    I'm not fond of the GPL in the context of GPLv3, since v3 tries to assert rights that make it legally impossible to use in a business.

    Untrue.

    The grey area comes from GPL programs that create content (eg the GCC compiler, Gimp, Inkscape, and various other content creation tools) since in a legal context there is no difference between source code and content when it comes to copyright.

    Untrue.

    So oddly, enough the reason you can't get people to use the Gimp, or Inkscape over photoshop and illustrator.

    Untrue.

    the GPL licence requires them to release their original files if it was created in the program.

    Untrue.

  63. Re:so the avg slashdot commenter by init100 · · Score: 1

    Ok, you are right in those cases. But they differ from .e.g. Slashdot in that Slashdot has a large community with very diverse opinions about almost everything, which is not really comparable to a political party, which more or less requires that everyone subscribe to the same set of values and the same political agenda.

  64. Re:so the avg slashdot commenter by Anonymous Coward · · Score: 0

    You need to accept some kind of license in order to use it. What legal basis do you have right to use the software then ? (you need to answer this without referring back to the GPL, as you say you don't need to accept the terms to use the software)

    By default Copyright alone does not grant you any right to use software and the ONLY license available (and on offer to you) is the GPL.

    The GPL just so happens to also grant you even more rights than just the right to use.