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On Being Pro-GPL

just_another_sean writes: Christopher Allan Webber, recently returned from OSCON, shares his thoughts on the GPL and why he dislikes people pitting one type of software license against another. He says, "I am not only pro-copyleft, I am also pro-permissive licensing. The difference between these is tactics: the first tactic is towards guaranteeing user freedom, the second tactic is toward pushing adoption. I am generally pro-freedom, but sometimes pushing adoption is important, especially if you're pushing standards and the like. But let's step back for a moment. One thing that's true is that over the last many years we've seen an explosion of free and open source software... at the same time that computers have become more locked down than ever before! How can this be?

And notice... the rise of the arguments for permissive/lax licensing have grown simultaneously with this trend. ...The fastest way to develop software which locks down users for maximum monetary extraction is to use free software as a base. And this is where the anti-copyleft argument comes in, because copyleft may effectively force an entity to give back at this stage... and they might not want to. ... Copyleft's strings say, 'you can use my stuff, as long as you give back what you make from it.' But the proprietary differentiation strategy's strings say, 'I will use your stuff, and then add terms which forbid you to ever share or modify the things I build on top of it.' Don't be fooled: both attach strings. But which strings are worse?"

250 comments

  1. wrong wrong wrong about copyleft by ysth · · Score: 5, Informative

    Copyleft's strings say, 'you can use my stuff, as long as you give back what you make from it.'

    Over and over this is repeated. It is false. A better statement would be: "you can use my stuff, as long as you pass along your freedoms to anyone you give it to if you modify it"

    1. Re:wrong wrong wrong about copyleft by TWX · · Score: 2

      It's even 'friendlier' than that, it's been interpreted to mean that you don't have to make a point of passing on the source code, that you only have to if you are asked by those that you provided binaries to, even if you were compensated for those binaries.

      --
      Do not look into laser with remaining eye.
    2. Re:wrong wrong wrong about copyleft by ysth · · Score: 5, Interesting

      Right, you have to pass along the same freedoms you got. But only if you modify and distribute, and only to those to whom you distribute.

    3. Re:wrong wrong wrong about copyleft by Todd+Knarr · · Score: 4, Informative

      That's actually only partially right. If you pass on the source code along with the binaries, you're only obligated to give the source to people you give the binaries to. But if you make an offer to provide the source, you have to provide the source to anyone who asks. That's because of 6c (GPL v3) or 3c (GPL v2) which allow those you gave binaries to to pass along those binaries and your offer of source code to others. Those bits mean those additional people are entitled to the source through your offer so you can't refuse to give people the source just because you didn't give them binaries direcetly. No, you can't bar recipients from passing along the binaries per those bits without yourself violating your license, except by including the source in what you distribute.

    4. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      I think there may be confusion here about "make" -- you don't have to give back the money you "make" from your stuff, but you do have to give back the stuff that you "make" based on my stuff. You have to guarantee everyone else the same freedoms and rights that I've guaranteed to you.

    5. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      Not quite true.

      If you do not modify, but *do* distribute, you *still* have an obligation to notify those to whom you distribute of the freedoms granted to them for the unmodified parts. I've *never* seen a copyleft license in the wild that didn't have an obligatory notice clause in it.

    6. Re:wrong wrong wrong about copyleft by serviscope_minor · · Score: 1

      . That's because of 6c

      I disagree with your readinmg of the GPL. You can choose any one of the methods in section 6. I also disagree with your reading of 6c too, and either way it only applies if you also received the software in that manner.

      I still son't see where it says anyone as opposed to whom the written offer was made to.

      --
      SJW n. One who posts facts.
    7. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0, Flamebait

      GPL is the right thing to ensure freedom. With BSD you'll get fucked over by some asshole company at one point or another and there is nothing you can do against it. People who use your can even sue you.

    8. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      Not quite true.

      You can pass on the location you got your code, you do NOT have to pass on your code if it's unmodified from theirs.

      If you're going to be nit picking, get your nit pick ABSOLUTELY correct first, hmm?

    9. Re:wrong wrong wrong about copyleft by parenthephobia · · Score: 1

      6c is the wrong clause.

      6b is the clause which initially gives one the right to distribute object code without source, and must be accompanied by an offer to give (or make available) the source to "anyone who possesses the object code".

      6c permits you to distribute object code you received under clause 6b without taking on responsibility for providing the source.

    10. Re:wrong wrong wrong about copyleft by Bacon+Bits · · Score: 4, Insightful

      The fundamental misunderstanding people have is that the GPL is a distribution license, not a use license. That's why it's called a "copyleft" and not an "end user freedom agreement." The GPL is exactly not an end user license agreement. There are no terms of use for GPL software, and the OSI's definition of Open Source explicitly prohibits that.

      Technically, all those GPL Windows programs that make you click "I agree with these terms" during install for the GPL are wrong to do so. The GPL requires that the user be notified of his or her rights and obligations with the GPL, but users are not required to accept the terms of the GPL because the GPL only applies to persons distributing the software. The installers should require no agreement checkbox, and the button should say "Next" and never "I Agree".

      You can do whatever the hell you want with GPL software -- or, indeed, any OSI approved license, AFAIK -- and if you don't try to give it to a third party you don't have to publish squat. It's perfectly legal to have proprietary modifications to GPL code. You just can't distribute that software to anybody else without giving them the ability to get your code modifications.

      This is how Google is able to run a custom version of MySQL for their search engine and they don't have to show the code to anybody. They don't have to do that because they're not distributing Google Custom MySQL to anybody in any form.

      --
      The road to tyranny has always been paved with claims of necessity.
    11. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      I'm amazed that people still get this wrong, all you have to do is read the GPL.

      IF you distribute a GPL'd binary, you MUST provide the source along with it, or on a separate server, with an exception if you include an offer to provide the source (for no more than cost of replication) to anyone who has the binary.

      You cannot simply give someone the binary and tell them where you got the source.

    12. Re:wrong wrong wrong about copyleft by bws111 · · Score: 1

      Wrong. If you are distributing,modifed or not, YOU must offer the source code.

      For a rather obvious example, see Red Hat. I have an RHN registered machine. I can download a binary RPM (GPL), and I can also download the source. I can pass that binary to you, but I can not simply say 'you can get the source from RHN', because RHN won't let you in without a registered machine (which costs money). In that case, I am the one violating the license, not Red Hat. It would be up to me to get the source from RHN and provide it to you.

    13. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      > Wrong. If you are distributing,modifed or not, YOU must offer the source code.

      You can pass along the prior distributor's offer to provide source if you received it with your copy, but the full text of the offer has to accompany the copy you distribute (not just a URL).

    14. Re:wrong wrong wrong about copyleft by jedidiah · · Score: 1

      ...and that only applies to that shared resource you've modified.

      Your own stuff is still "safe". It's as if you built your work on top of any other commercial API out there. They don't let you create derivative works and claim ownership of those either. Most people wouldn't want to. It defies the point of exploiting someone else's reusable code.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    15. Re:wrong wrong wrong about copyleft by jedidiah · · Score: 1

      So Sony has to put up an FTP server with a copy of LIRC on it.

      I bet they're crying a river over that...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    16. Re:wrong wrong wrong about copyleft by jedidiah · · Score: 1

      > The GPL forces you to put everything you code into a locked-down public domain garden

      Nope. Not even close.

      This is why Oracle and Electronic Arts can build their products on top of L/GPL code. The only people that can't handle this are sociopaths that have a toddlers understanding of ownership.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    17. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      > So Sony has to put up an FTP server with a copy of LIRC on it.

      Not if they received their copy with an offer of source code - then they can just pass along the offer.

      Or, if they're hosting the binary on their server, they can provide a clear link to the source, but it has to be visible in the place you get the binary from.

    18. Re:wrong wrong wrong about copyleft by cas2000 · · Score: 1

      > and only to those to whom you distribute.

      in the GPL this is true ONLY if you choose the option of distributing the (modified) source with the binary at the same time.

      if you choose one of the other methods of meeting your source code obligations (e.g. put it up for download on the net, or mailing a source-CD on request) then you MUST give the source to "ANY third-party" that asks for it, i.e. whether you gave/sold them a binary or not.

    19. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      No, they can't - that exception only applies to non-commercial distribution.

    20. Re:wrong wrong wrong about copyleft by Anonymous Coward · · Score: 0

      So passing along the freedom to be held hostage by the license. Sorry but nope.

      How does GPL "hold you hostage"? If you wrote the code, you can license it however you wish. If someone else wrote it and released it under GPL, you can't distribute it without allowing others the same rights you got.

      If you don't accept the terms of the GPL, you have no rights to distribute anything. Copyright law is "holding you hostage," not GPL.

      "Wahhh! They won't let me use their code however I want! It's not FAIR!!!" Cry me a river.

    21. Re:wrong wrong wrong about copyleft by ysth · · Score: 1

      Yes. I guess I think of compiling as just a form of modification, and distributing as meaning the source.

  2. Windows is death knell 2015 by Anonymous Coward · · Score: 0

    FTFA:
    >One thing that's true is that over the last many years we've seen an explosion of free and open source software

    Linux on all supercomputers, here on slashdot, Google, Amazon, The International Space Station, world governments, Android (eys, it's Linux) on the best phones, etc.

    People like better more than they like expensive come to find out.

    distrowatch.com

    1. Re:Windows is death knell 2015 by viperidaenz · · Score: 2

      2015 is the year of the Linux Desktop!

    2. Re:Windows is death knell 2015 by paul_metcalfe · · Score: 1

      Pretty much. Linux is actually really popular and everywhere. Just not on the desktop.

      I remember reading this article that said that effectively almost everyone is a Linux user. Because almost everyone uses Google search.

      --
      Always read at -1, don't let others decide what you should and should not read.
    3. Re:Windows is death knell 2015 by Anonymous Coward · · Score: 0

      Pretty much. Linux is actually really popular and everywhere. Just not on the desktop.

      I remember reading this article that said that effectively almost everyone is a Linux user. Because almost everyone uses Google search.

      Yep. Android is Linux as well. People love Android. When game companies move completely to the Linux platform, the world will be a better place. Playstation 4 is BSD. BSD and Linux are bro's.

      A lot of Apple users use Mac OSX simply to escape the suck that Windows was and is. Mac OSX is BSD.
      https://en.wikipedia.org/wiki/History_of_OS_X
      Use CTRL-F and search BSD.

      (anybody can look this up, it's not news)

      If I had a Mac I would multi-boot Linux on it at the very least, if not wipe Mac OSX. I wouldn't buy a Mac though. Windows is merely still a game operating system. I only keep Windows installed for about 2-3 games. This will change very soon I think. Windows sucks ass. It sucks ass in MANY many ways. Many useful apps have been ported to Windows from Linux/BSD now. They still perform better in Linux/BSD though.

      A registry is a wish list for weddings not some efficient way to store OS parameters.

      Windows is death knell. No matter if they took all their profits and donated it to cancer charities, the OS would still suck. It can't not suck. It is obsolete software. No supercomputer will run Windows. Amazon won't. Slashdot doesn't.
      Facebook? http://toolbar.netcraft.com/site_report/?url=www.facebook.com
      Microsoft itself? Runs on Akamai. yes, www.microsoft.com runs on Linux.
      http://toolbar.netcraft.com/site_report/?url=www.microsoft.com

      Get mad Windows dummies. Maybe when Windows goes to the obsolete OS museum you will actually never be a fanboi again. The ONLY thing about Windows are a few games. Every other functionality exists better in Linux. Skype runs better on Android/Linux for crying out loud. Why? Windows sucks. google: windows sucks

      DWORD: ,,1,,

  3. Yea- we need the GPL or we won't get sources by Anonymous Coward · · Score: 1, Informative

    Just look at whats happened in the hardware arena. We've ended up without sources because we've let the non-free proponents in. Are there not bugs in firmware? The reality there are a lot more bugs in the firmware that we can't fix. Be it binary blobs loaded by the Linux kernel or BIOS related. Some of these bugs open up huge security holes which have allowed third parties to remotely access systems too. It's scary that EVERY system is vulnerable and we can't even take one of them and begin fixing these holes.

    1. Re:Yea- we need the GPL or we won't get sources by TWX · · Score: 1

      The non-free proponents had an easy foothold. It's called basic functionality. I waited close to a decade for an 802.11a module and software. I even offered to send equipment to the 802.11b developer whose modules were for devices from the same manufacturer as one that made the "a" device I wanted to use and theoretically would have been most similar, he was literally not interested.

      You want it to all be free? How about getting cracking on those modules? I'll use the free ones if the exist and if they work at all. I'll even contribute some material support from time to time.

      --
      Do not look into laser with remaining eye.
    2. Re:Yea- we need the GPL or we won't get sources by Anonymous Coward · · Score: 3, Insightful

      Just look at whats happened in the hardware arena. We've ended up without sources because we've let the non-free proponents in.

      You didn't "let them in", you started using their products because you couldn't make your own and now you complain that they don't subscribe to your free software ideology.

      Cutting edge hardware certainly seems to be incompatible with that "free software ideology", I say "seems" because you can pontificate about how it could theoretically work but we've had 30-odd years of FSF and still it's just some free software running on proprietary hardware often with proprietary firmware and proprietary drivers. If you want a free stack then you need to get cracking on hardware, but applying the free software model to hardware does not appear to be viable.

    3. Re:Yea- we need the GPL or we won't get sources by Anonymous Coward · · Score: 0

      The companies designing the hardware should be contributing to the code base. The users are already paying for the hardware and shouldn't be expected to contribute anything and neither should the free software community. These guys are doing a great job in spite of the land mines proprietary proponents are putting in the way. Nobody is telling the user they have to use free software, but if the user isn't willing to stand up for there own interests don't be surprised when you don't have good free software drivers- or for that matter any support at all. It's not like the proprietary drivers are better. They're not. They're worse usually. And we can nit pick all day with examples back and forth. Back and forth examples doesn't really mean shit, but I got so fed up with proprietary drivers/firmware years ago I just stopped buying hardware dependent on it.

    4. Re:Yea- we need the GPL or we won't get sources by bloodhawk · · Score: 1

      companies are there to make a profit, if they see profit in making the drivers they will make a better effort. If the user base for your personal choice in OS is too small then you are shit out of luck. This isn't spite on their part, it is business reality, most hardware manufacturers are churning out so much stuff every year that resources simply have to be pushed where they get best ROI.

    5. Re:Yea- we need the GPL or we won't get sources by MrBingoBoingo · · Score: 2

      Mostly this. The greatest thing keeping the entire free software thing afloat is the GCC toolchain being copyleft. GCC forces a least the CPU manufacturers into open-ish documentation even if the rest of the ecosystem doesn't follow.

    6. Re:Yea- we need the GPL or we won't get sources by exomondo · · Score: 2

      Just look at whats happened in the hardware arena.

      The problem facing free software these days is the expectation from people to have computing devices integrated, people don't want to buy hardware and then have to choose and install software to get a product running. So the situation for free software users is to wait until a company develops a product then try and shoehorn free software into it as a replacement for the fully or partially proprietary non-free software it shipped with.

      That is what needs to change, products need to be designed from the ground up with that particular software in mind instead of it being an after-the-fact addition by 3rd parties. There is too much noise from the free software camp about "you should run free software" with very little thought about what the user is supposed to run that free software on. Even when there is eventually a free software solution it usually ends up being something along the lines of "works but with no sound or network" and once it's usable the proprietary shipping product is already incumbent.

    7. Re:Yea- we need the GPL or we won't get sources by aaaaaaargh! · · Score: 2

      people don't want to buy hardware and then have to choose and install software to get a product running.

      Don't be so patronizing, you're not that more smart or special in comparison to the "people" you refer to. Contrary to your claim, people have no problem with installing software, they do it all the time on their PC, Mac, smart phone or tablet. They want easy installation without problems and instant up-and-running software (a lesson learned from shareware). That's easy to achieve and whether the software is free or proprietary makes no difference in that respect. It only takes a bit of care from the developer.

    8. Re:Yea- we need the GPL or we won't get sources by Anonymous Coward · · Score: 0

      They make profit off the hardware. They don't profit if the hardware doesn't work. Their drivers cost them money and keeping up with developments costs more money. Do you know of ANY hardware manufacturer who SELLS their drivers to people???

      How the hell do you get from your claims of "they are there to see a profit" to "they shouldn't give their drivers to open source"?

      Hell, if the BSD is so company friendly, why not BSD the driver code? They're businesses too, right?

    9. Re:Yea- we need the GPL or we won't get sources by jbolden · · Score: 1

      The FSF and RMS in particular never advocated for freedom for hardware. IP is infinitely reproducible for free and thus reproduction is prevented by law. Hardware reproduction requires expensive facilities and thus reproduction is easily preventable without intrusive law. The FSF have never considered the cases similar.

    10. Re:Yea- we need the GPL or we won't get sources by N1AK · · Score: 1

      Don't be so patronizing, you're not that more smart or special in comparison to the "people" you refer to. Contrary to your claim, people have no problem with installing software,

      Hypocrite much? Where exactly did he say they have a problem in your quote, he said they don't want to do it which is obviously not the same thing. Most people don't want to buy a mobile phone, then need to download software to handle core functionality like contact management etc. Hell, I don't, although I want to be able to replace the software with alternatives if I decide I want to.

    11. Re:Yea- we need the GPL or we won't get sources by jedidiah · · Score: 1

      Hauppauge does. Their driver package contains a proprietary application that they don't own. So they have to pay for every copy they ship.

      The equivalent tools in Linux are all free and can even those can be replaced with simple UNIX IO redirection.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:Yea- we need the GPL or we won't get sources by jedidiah · · Score: 1

      Actually, frustration with a device driver was one of the first things that inspired RMS to create the whole Free Software concept.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:Yea- we need the GPL or we won't get sources by jbolden · · Score: 2

      Device driver yes. RMS wasn't frustrated that the Xerox 9700 itself wasn't free.

    14. Re:Yea- we need the GPL or we won't get sources by TWX · · Score: 1

      Do you know of ANY hardware manufacturer who SELLS their drivers to people???

      IBM.

      Cisco.

      Nortel/Avaya.

      F5.


      I could probably keep going but I think I've made my point that not all hardware companies provide drivers for free. Some of these companies, like Cisco in particular, will sell you drivers that effectively activate features of the devices under-license. Paying for the drivers activates features that are otherwise not enabled.

      --
      Do not look into laser with remaining eye.
    15. Re:Yea- we need the GPL or we won't get sources by Krishnoid · · Score: 1

      Hardware reproduction requires expensive facilities and thus reproduction is easily preventable without intrusive law.

      Until it doesn't.

    16. Re:Yea- we need the GPL or we won't get sources by david_thornley · · Score: 1

      There's much to be said for selling the hardware and open-sourcing the drivers. It's obviously not the only business model, but it has considerable advantages.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    17. Re:Yea- we need the GPL or we won't get sources by Aighearach · · Score: 1

      No, on the hardware side there are lots and lots of companies that provide extensive technical documentation, for "free," under non-free licensing terms. Doing hardware development you use non-free datasheets and application notes all day long. Things like CPUs come with entire reference boards that are completely documented, and licensed to discourage re-use.

      People get confused on this, because the same companies sell consumer devices and peripherals that come without any technical documentation, and they try to suppress that documentation when posted online by others. But the lower level devices are better documented. There is a good chance that a CPU will even have a "free" (non-libre) circuit simulator, because otherwise it is difficult to design the power delivery. Documentation alone isn't enough to design a motherboard in a cost-effective manner.

      We don't need something external to "keep [us] afloat." We were, and we swam. We are, and we swim. We will be, and we will swim.

    18. Re:Yea- we need the GPL or we won't get sources by jbolden · · Score: 1

      I'd agree. If that works then RMS's arguments about software suddenly apply to hardware.

    19. Re:Yea- we need the GPL or we won't get sources by exomondo · · Score: 1

      Don't be so patronizing, you're not that more smart or special in comparison to the "people" you refer to.

      Actually the "people" I refer to include me, when I buy a smartphone I don't expect it to come with no operating system for example. In fact you'll find many people buy a phone based on the operating system it comes with.

      Contrary to your claim, people have no problem with installing software

      I'm talking about software to get the device working, baseline system software or key applications for the device's usage.

    20. Re:Yea- we need the GPL or we won't get sources by Bengie · · Score: 1

      Drivers many times have patented code that may be licensed from a 3rd party. Can't opensource, no permission.

  4. Here's the problem by diamondmagic · · Score: 0

    When you say you're "pro-copyleft" you're implicitly saying you're pro-copyright, because you're necessarily using copyright law to say "we reserve the authority to restrict distribution and sue you if you don't follow our requirements (i.e. distribute the source)"

    Well... two wrongs don't make a right. When you talk about getting sued by supposedly "free" software projects... it doesn't make you look too good.

    1. Re:Here's the problem by aNonnyMouseCowered · · Score: 1

      "Well... two wrongs don't make a right. When you talk about getting sued by supposedly "free" software projects... it doesn't make you look too good."

      That is a problem. The solution would be a copyleft license that gives the copyleft violator the option not to pay damages provided that they (1) release the source within a reasonable period from the time they're notified of the infringement (no, 1000 emails before compliance) and (2) don't initiate the court proceedings.

      A problem with #1 is how to ascertain the notice has been received. With #2, in case the alleged violator loses the case, compensation should be provided the software authors with regard to time and lawyers' fee. Howver I find it defeats the spiritual purpose of copyleft to impose hefty damages for a GPL violation except perhaps in the case of repeat offenders, but mainly as a deterrent and not a money-making extortion scheme. Apparently the GPL has a provision where if you don't accept the GPL you can get sued for any amount allowed under NORMAL copyright law, and in certain jurisdictions that can be very high indeed.

    2. Re:Here's the problem by willy_me · · Score: 1

      copyright != license. The term "pro-copyleft" is with respect to the license - copyright is not involved.

    3. Re:Here's the problem by diamondmagic · · Score: 1, Flamebait

      You're being needlessly pedantic.

      "We reserve the authority to restrict distribution and sue you if you don't follow our requirements" How do you do that? With a license.

      How do you enforce said license? With copyright law.

    4. Re:Here's the problem by diamondmagic · · Score: 0

      Hey, mods: "-1 Overrated" isn't your personal "-1 Disagree" button. That's what comments are for.

    5. Re:Here's the problem by sexconker · · Score: 1

      When the license covers copying, modifying, and distributing, you're talking about copyrights.

    6. Re:Here's the problem by diamondmagic · · Score: 2

      All you're proposing is suing under fewer conditions. There's still the threat of a lawsuit if I use copyrighted (including copyleft) code in the "wrong way".

      Conversely, if you're not going to ever sue someone for using your pastebin code on GitHub, or your project, you're essentially developing public domain, but not letting anyone enjoy the benefits of public domain code by putting it in writing. That's lose-lose for everyone.

    7. Re:Here's the problem by exomondo · · Score: 1

      copyright != license. The term "pro-copyleft" is with respect to the license - copyright is not involved.

      What category of law(s) do you suppose you use to enforce that license? You don't think it might be copyright law?

    8. Re:Here's the problem by diamondmagic · · Score: 1

      Also, you don't "accept" a copyright license. You distribute a copyrighted work; and either you're doing it under a license, or you're not. (Of course, sometimes it's the acceptance of a contracts that grants a license, e.g. possessing a CD or buying a license, but this isn't necessarily true, as seen in most F/OSS software. And sometimes we talk about "accepting the terms" to mean complying with the terms. But it's not the license that is accepted as such.)

      If your act of distribution is neither licensed, nor fair use, then it becomes illegal.

    9. Re:Here's the problem by Anonymous Coward · · Score: 0

      What exactly allows copyleft to exist in the first place?

      Hmmmm?

      (Hint - Coopyleft is the copyrights holder giving permission to copy his or her work on their terms)

    10. Re:Here's the problem by Anonymous Coward · · Score: 0

      copyleft is explicitly enforced through copyright. it is moronic to say copyright isn't involved as without copyright laws the copyleft license is invalid.

    11. Re:Here's the problem by Anonymous Coward · · Score: 0

      Well... two wrongs don't make a right.

      Where have you been living for the last 10,000 years? Modern society has always used actions that would be crimes if commited by individuals. Kidnap someone and lock them in a room? You'll get locked up in a room.

    12. Re:Here's the problem by jbolden · · Score: 2

      Since when has GPL ever claimed to be anti-copyright? The GPL is a software license whose form comes from copyright law, uses terms from copyright law and whose power of enforcement comes from copyright law.

    13. Re:Here's the problem by david_thornley · · Score: 1

      One of the improvements in GPLv3 was an automatic re-licensing under certain conditions. Under GPLv2, if you violated the license, you lost it permanently, although I haven't heard of this being enforced.

      The GPL has no provisions for people violating it, except losing the use of the license. If you redistribute under non-GPL terms, you're redistributing copyrighted material without a license, and the authors of free and open source software licenses generally don't feel the need to provide a cushion for violators. If you don't like the penalties for violating the GPL, lobby for more reasonable copyright laws. The Free and Open Source communities will be behind you.

      I haven't heard of a GPL copyright holder starting by suing a company for lots of money, although that doesn't mean it hasn't happened. What tends to happen is that the violator is told to come into compliance somehow, and if the violator refuses the legal fireworks can start. Starting negotiations with a lawsuit is definitely not in the spirit of Free software. Note that, while releasing the software under the GPL is a way of getting into compliance, it isn't forced, and can't be ordered by a judge. The risk of violating the GPL is limited to injunctions to stop distributing and potential monetary damages.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    14. Re:Here's the problem by Aighearach · · Score: 1

      When you say you're "pro-copyleft" you're implicitly saying you're pro-copyright, because you're necessarily using copyright law to say "we reserve the authority to restrict distribution and sue you if you don't follow our requirements (i.e. distribute the source)"

      Well... two wrongs don't make a right. When you talk about getting sued by supposedly "free" software projects... it doesn't make you look too good.

      The basic error you're making is that you're injecting absolutes where there aren't any. Let me explain it in abstract terms.

      Joey is pro-square, but he doesn't like rectangles generally.

      Oh, wow, that was easy. There is no conflict there; liking a subset of a category that is otherwise disliked is not actually contradictory or hypocritical. A mistake of such a basic nature, combined with an arrogant, "doesn't make you look too good," sure doesn't look too good.

    15. Re:Here's the problem by Krishnoid · · Score: 1

      "We reserve the authority to restrict distribution and sue you if you don't follow our requirements" How do you do that? With a license.

      How do you enforce said license? With copyright law.

      I recall someone saying that companies can be wary of a 'bare license'. They prefer to have a purchase contract accompany a commercial software license, which elaborates inter-party financial or other penalties for violation, rather than relying on local and federal laws for enforcement.

      I couldn't find the original reference, but this document describes some of the legal and situational differences between a bare license and one accompanied by a contract.

    16. Re:Here's the problem by cas2000 · · Score: 1

      yes, you are correct. copyleft is explicitly a subversion of copyright to safeguard the rights of USERS. it was deliberately designed to subvert copyright laws in that way.

    17. Re:Here's the problem by james_gnz · · Score: 1

      When you say you're "pro-copyleft" you're implicitly saying you're pro-copyright, because you're necessarily using copyright law...

      I could as well say: When you say you're "pro-self defence" you're implicitly saying you're pro-force, because you're necessarily using force... Endorsing self defence doesn't logically require you to endorse the use of force other than in self defence, and neither does endorsing copyleft logically require you to endorse the use of copyright other than in copyleft.

    18. Re:Here's the problem by diamondmagic · · Score: 1

      I'm not sure this is really equivalent: The purpose of self-defense is supposedly to minimize the use of force by both you and the aggressor. You're not causing more violence, you're trying to put an end to it. (You might also shun violence in all forms, as taught by turn the other cheek.)

      I make the comparison like this: In a world without violence, self-defense would not be necessary. If we generalize to the set of universes where violence is an option, then self-defense becomes a way of minimizing the damage.

      Likewise, if we generalize to a body of law with copyright law, a license to minimize the damaging effects would look something like "You are allowed to distribute this work only if derivative works are also licensed under this license, and you agree not to reserve any other rights, neither is there is no warranty for this software." Yet the GPL goes way far and away above this; the BSD or MIT license seems closer, though fails to contain the viral clause.

    19. Re:Here's the problem by james_gnz · · Score: 1

      I'm not sure this is really equivalent: The purpose of self-defense is supposedly to minimize the use of force by both you and the aggressor. You're not causing more violence, you're trying to put an end to it.

      Yes, I think I get what you're saying, and I'm not entirely sure where I stand on the GPL's source disclosure requirement. I think the analogy was good enough to counter the argument I objected to, though.

      (You might also shun violence in all forms, as taught by turn the other cheek.)

      Yeah, but a society of cheek turners won't protect you from a serial cheek slapper.

      I make the comparison like this: In a world without violence, self-defense would not be necessary. If we generalize to the set of universes where violence is an option, then self-defense becomes a way of minimizing the damage.

      Likewise, if we generalize to a body of law with copyright law, a license to minimize the damaging effects would look something like "You are allowed to distribute this work only if derivative works are also licensed under this license, and you agree not to reserve any other rights, neither is there is no warranty for this software." Yet the GPL goes way far and away above this; the BSD or MIT license seems closer, though fails to contain the viral clause.

      I think the CC BY-SA is probably a pretty good fit for what you're describing. (I suspect the biggest problem in practice with using it as a software licence would be the chicken and egg problem that it is not popular as a software license.)

  5. physics and law by fkodama · · Score: 1

    I guess people can learn about society, thinking about music rights and torrent software.

  6. Why pro-this or pro-that? by QuietLagoon · · Score: 3, Insightful
    Let the person writing the code decide how she or he wants to license it.

    .
    Why all the angst and false drama?

    1. Re:Why pro-this or pro-that? by exomondo · · Score: 1

      Let the person writing the code decide how she or he wants to license it.

      .
      Why all the angst and false drama?

      Ultimately it's up to the code author but whenever you're dealing with an ideology you are going to end up with religious and philosophical discussions. As you say - the author should decide - and in reality software is used predominantly based on its capability, not its license.

    2. Re:Why pro-this or pro-that? by penguinoid · · Score: 1

      Because no one lives in isolation. Imagine if everyone tried to make their own "free" licenses, but they were all slightly incompatible in such a way as to render all the code unusable/incompatible due to minor license incompatibilities.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    3. Re:Why pro-this or pro-that? by Anonymous Coward · · Score: 0

      The problem is that one side started picking fights and other side ignored it for the longest time. Now both are fighting. When you pick on someone long enough chances are they'll eventually bite back.

    4. Re:Why pro-this or pro-that? by Anonymous Coward · · Score: 0

      Some strategies are better than others, duh.

    5. Re:Why pro-this or pro-that? by Kjella · · Score: 4, Insightful

      Let the person writing the code decide how she or he wants to license it. Why all the angst and false drama?

      Because the point of open source is having code shared with you by other developers. You own the code, you don't need a license. It's everybody else who has an interest in what license you pick. Those who favor copyleft want more GPL code so it'll snowball while others want to use is in proprietary products. How useful open source is to you is directly proportional to how many developers are using a license aligned with your interests. Why do you think RMS spends all his time promoting the GPL? Why did Apple pick a BSD kernel? It's all about the license, it matters to them what you pick. That's why.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Why pro-this or pro-that? by Anonymous Coward · · Score: 0

      Because our only other alternative was anstry arguments about who's this week's least dysfunctional Kardashian.

    7. Re:Why pro-this or pro-that? by Anonymous Coward · · Score: 1

      that is pretty much the situation we have now. with multiple GPL licenses BSD, apache etc etc etc. It is not really a problem, pick what you like and stick with it. personally I wouldn't touch anything with any GPL in it with a 40 foot pole but that is a personal preference as I prefer freedom rather than being dictated too.

    8. Re:Why pro-this or pro-that? by QuietLagoon · · Score: 1

      It's everybody else who has an interest in what license you pick.

      If they don't like the license I pick, then I'm not forcing them to use my code. It's a simple concept, really.

      .
      So I repeat, why all the angst and false drama?

      How useful open source is to you is directly proportional to how many developers are using a license aligned with your interests.

      How useful open source is to me is how useful an open source program is available that fits my needs. I really could not care less how many other developers are using a license that is "aligned with my interests". I've got better things to worry about.

    9. Re:Why pro-this or pro-that? by Anonymous Coward · · Score: 0

      Freedom for you to exploit your users/customers. GPL is about freedom for everyone who uses derivatives of the code, not just freedom for the developer. Some people claim to not understand that, although it's really very simple. ;-)

    10. Re:Why pro-this or pro-that? by Sique · · Score: 1

      If they don't like the license I pick, then I'm not forcing them to use my code. It's a simple concept, really.

      And it's only half of the concept, that's why it appears simple. People who don't use your code will not share their experiences with your, will never tell you about problems that could arise, about simple changes that might improve runtime performances, will not develop new uses for your code. One of the biggest reasons we have all that code sharing culture is because no single person is able to invent everything on her own. Yes, for a small project, it might work. But it will stay a small project for the rest of its life. By choosing the wrong license, you cut off a large part of the feedback loop that's necessary for any further development.

      Yes, you can choose to have it that way. It's up to you. But then, your project will always be that obscure little hobbyist project which crawls slowly from version to version, if it crawls at all, and maybe even the most patient of your users will find a similar project, make the transition and enjoy faster responses on feedback, implementations of change requests, bug fixing and adaption to new use cases.

      --
      .sig: Sique *sigh*
    11. Re:Why pro-this or pro-that? by jbolden · · Score: 1

      Because software exists in ecosystems. How the ecosystems evolve has a great deal to do with people who use or write free software. What authors choose matters a lot.

    12. Re:Why pro-this or pro-that? by jbolden · · Score: 1

      Huh? That's not true at all. The GPL style started having fights in the early 1980s as soon as it came into existence. This happened more or less at birth.

    13. Re:Why pro-this or pro-that? by QuietLagoon · · Score: 1

      People who don't use your code will not share their experiences with your, will never tell you about problems that could arise, about simple changes that might improve runtime performances, will not develop new uses for your code.

      If they want to do all that, then they can choose to use my code with the license I put on it. Again, it is really simple. It is their choice whether or not to use my code. I am not forcing anyone to do so.

    14. Re:Why pro-this or pro-that? by krisbrowne42 · · Score: 1

      Not nit-picking the larger parts, just a detail - Apple didn't pick a BSD kernel, they inherited the license because NeXT was based on Mach, which incorporated BSD licensed code from before the BSD break even happened. Apple can and does publish GPL projects, as well as their BSD-ish Apple license, depending on the intended release scope of the project and how much control they want to maintain. If you're reading on any variant of Chrome or Webkit, you're benefiting from Apple releasing GPL code.

    15. Re:Why pro-this or pro-that? by epine · · Score: 1

      The GPL style started having fights in the early 1980s as soon as it came into existence.

      You think a license invented with the express agenda to become the one true license might spark controversy right at the outset? Who would have guessed?

      I've always liked the GPL (v3 not as much). And I've always hated the notion that it was anything more just another license.

      The reality is that others might choose to behave in thousands of different ways, the vast majority of which should be none of my business.

      The art of regulation is to limit specific freedoms in order to grease other freedoms. In a free market economy, the principle purpose of (good) regulation is to ensure that ever venture has a graceful failure mode (i.e. that a bad aftermath of bad decision making doesn't effectively socialize risk). The secret of the free market is the graceful failure mode. Nice try, GreedCorp, sorry it didn't work out for you, please play again (uh, no, we're not dipping into the public purse to clean up your mess, but we will be pursuing your former stakeholders to accomplish the same.).

      I swing towards a libertarian position on the issue of the GPL. I don't see any necessary reason to inflate the concept of "freedom" to include this additional public good.

      Futhermore, the concept of "software" as distinct from other forms of property never worked for me. Information is a spectrum for all of us, from the most personal to the least personal. Software lives all across that spectrum.

      Footnote

      90% of everything is crap. Regulation is no different, here. The problem is that bad regulation has the power of law, and is a harder class of crap to prudently ignore.

      What needs to happen politically is that regulation needs to have a test suite. When regulation starts to fail items in the test suite, the courts should become leery about imposing sanctions. The constitution (in countries who pay any attention to the ones they have) already functions as a kind of last-resort test suite, but I think we can do better.

      In fact, perhaps legislation should begin by writing the test suite before they write the legislation itself. Even better if there is a separation of electoral term.

    16. Re:Why pro-this or pro-that? by jbolden · · Score: 1

      I get that. But the GPL was part of a social movement that used copyright law to advance its aims. Most licenses are used to make someone some profit on IP.

      uh, no, we're not dipping into the public purse to clean up your mess, but we will be pursuing your former stakeholders to accomplish the same.

      Actually that almost never happens by design. One of the crucial distinctions between a corporation and a partnership is that a corporation is a legal person and thus doesn't incur liability for its investors. What you want would require no corporations and just partnerships, or very strict limits on partnerships... more like 18th century corporate law.

    17. Re:Why pro-this or pro-that? by Bengie · · Score: 1

      GPL does not give the developer any freedom, it takes it away and gives it to those who cannot write code for themselves. Explains the code quality of many GPL projects. Zealots are a certain type of people that don't think the same way programmers think.

    18. Re:Why pro-this or pro-that? by Bengie · · Score: 1

      Apple also uses a lot of FreeBSD code and regularly contributes code back upstream to FreeBSD.

    19. Re:Why pro-this or pro-that? by bingoUV · · Score: 1

      Then let the people who want to create angst and false drama create angst and false drama. Why the angst and false drama from you?

      It is simple concept, really.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
  7. Re:Nails are death knell 2015 by Anonymous Coward · · Score: 1

    FTFA:
    >One thing that's true is that over the last many years we've seen an explosion of use of screws

    Screws in all houses, here on my desk, kitchens, door hinges, The International Space Station, government buildings, even on Android phones, etc.

    People like screws in so many places therefore they must be applicable in all places therefore nails are death knell!

    besttoolforthejob.com

  8. Only one side seems to be doing the 'pitting' by rmmmusial · · Score: 2

    Ironically, it seems to be the permissive crowd that does most of the division and pitting. You'd think the permissive folks would be more laid back, but they are constantly spreading FUD about GPL specifically GPLv3. The FSF, who has a vested interest in pushing GPL goes out of there way to recommend the Apache 2.0 license and extol its virtues, while Apache's site takes a very negative tone towards GPL.

    1. Re:Only one side seems to be doing the 'pitting' by Anonymous Coward · · Score: 1, Funny

      Yes, it is a virus.

    2. Re:Only one side seems to be doing the 'pitting' by Anonymous Coward · · Score: 1, Funny

      Friends don't let friends GPL.

    3. Re:Only one side seems to be doing the 'pitting' by jbolden · · Score: 1

      It isn't really ironic. The problem is that there is an asymmetry in the Free Software community. The GPL crowd can comfortably use BSD style code but the BSD community cannot use GPL code. Moreover the GPL movement was a response to and critique of historical failures in the BSD movement, particularly XWindows so they have felt attacked from day 1.

      However the Apache foundation and the FSF worked together to make sure the Apache license and the GPLv3 were compatible. So while there is snipping there is also cooperation.

    4. Re:Only one side seems to be doing the 'pitting' by david_thornley · · Score: 1

      Which I don't get. BSD-style code can be used in proprietary products that don't return changes, and everybody's fine with that. Sometimes that's a very good thing; I think we're all better off that Microsoft used BSD networking code, for example. However, if somebody takes BSDed code and puts it, with changes, under a GPL license, the BSD community seems to get angry.

      If you don't want everyone and their dog to incorporate your code into whatever they want, under any license, don't use a BSD-style license. If you do, expect to see your code used as anyone else sees fit.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    5. Re:Only one side seems to be doing the 'pitting' by spauldo · · Score: 1

      I doubt most of the BSD community cares much. The loudest aren't necessarily the majority. But it's easy to understand the ones who do care.

      The BSD philosophy has some overlap with that of the FSF. The major difference is that the BSD philosophy isn't a movement. They see themselves as trying to make the world a better place by providing better software for everyone. Anyone who wants to contribute is welcome. The FSF also wants to make a better world, but they also want to force everyone to follow suit, whether they want to or not. Both camps are on the same "side" most of the time, and get lumped together a lot.

      What pisses off some people in the BSD camp is that GPL code is, to BSD, as inaccessible as proprietary software. This is why BSD doesn't have as much driver support as Linux - the Linux guys can take almost* any code from BSD, but BSD can't take any code from Linux. The closest they can get is having someone document a Linux driver - anything beyond that is against the GPL.

      So here's all this source code out there that they can't touch. When you spend a good portion of your time writing source code that anyone is free to use as they wish, it's understandable how that might piss you off a bit.

      * FreeBSD does use some CDDL licensed code that Linux can't incorporate, which is why FreeBSD has an in-kernel ZFS implementation and Linux does not. That's not FreeBSD's fault, though - blame that one on Sun.

      --
      Those who can't do, teach. Those who can't teach either, do tech support.
  9. GPL is a valid option, but overrated by Anonymous Coward · · Score: 3, Interesting

    The GPL is fine if it accomplishes what you want in a license, but really,
    there isn't anything particularly good about the GPL. It isn't bad (usually),
    it just isn't that great. And it's definitely overrated.

    It doesn't prevent proprietary forks.

    It violates KISS, a cherished engineering principle. Licensing is complicated
    and technical (from a legal standpoint), but at least licenses like the BSD and
    MIT can be read and understood quickly by laypersons.

    The GPL is wrought with complicated incompatibilities with other reasonable
    open source licenses and with other versions of itself. In this case, the GPL
    really is kind of bad.

    It tries to solve a problem that doesn't really exist; many companies actively
    contribute to non-copyleft projects without needing a mandate from RMS.

    It doesn't even support the ideals of the Four Freedoms any better than other
    licenses. A company that owns the copyright of a GPL project can make it
    closed-source just as easily as if it had any other license, and a non-GPL
    project can be forked just as easily as a GPL project if that happens.

    The GPL often gets credit for the success of a few great open source projects,
    especially the Linux kernel. However, the role of the GPL in those projects'
    success is far from clear, and it certainly discounts those projects; the
    kernel really is a quality project regardless of licensing terms. It could
    also be said that those projects were successful despite the GPL. It
    would be difficult to prove either way.

    I'm glad for RMS. He has done a lot of good with GNU software, especially
    GCC. The GPL just really isn't one of his better accomplishments.

    1. Re:GPL is a valid option, but overrated by FranTaylor · · Score: 1

      A company that owns the copyright of a GPL project can make it
      closed-source just as easily as if it had any other license

      You can't take back a GPL release and make it closed source, once you've released it. Just ask Oracle, I'm sure they would have paid much more for Sun if OpenJDK had never happened. They could have gotten everyone to pay for java.

      However, the role of the GPL in those projects'
      success is far from clear

      Maybe it's not clear to you, but a lot of free software was written specifically as a replacement for non-free versions of the same programs. For instance, the GNU versions of all of the unix utilities, like grep, sed, tar, etc. The reason these GPL programs exist is because the authors knew up front that they part of the big GNU GPL picture. What else would motivate people to duplicate all of this work?

      it certainly discounts those projects

      what a twisted way of thinking you have

      It would be difficult to prove either way.

      How is it difficult? We have two free software kernels, one is BSD, one is GPL. Which one is in billions of devices and which one is in millions of devices?

    2. Re:GPL is a valid option, but overrated by msobkow · · Score: 1

      Nonsense. You're free to use whatever license you want for future releases if you own the code unless people have contributed to it.

      There was nothing stopping Oracle from ceasing to release Java under permissive terms after Oracle 7. The could have locked down Java 8 as proprietary, and could still do so for Java 9 if they want to.

      They can't revoke the license on the published Java 7 source, but they most certainly are not required to release all future development work under those terms.

      --
      I do not fail; I succeed at finding out what does not work.
    3. Re:GPL is a valid option, but overrated by msobkow · · Score: 1

      Of course I realize the fact that Oracle hasn't "taken back" the code takes the wind out of the Oracle haters sails, but such is life...

      --
      I do not fail; I succeed at finding out what does not work.
    4. Re:GPL is a valid option, but overrated by serviscope_minor · · Score: 1

      Why would that take the wind out of Oracle haters sails? That's like saying removing a fart is enough to stop a hurricaine. Seriously there is plenty to hate Oracle for.

      And I say that as someone who worked for two institutions that got Oracled.

      --
      SJW n. One who posts facts.
    5. Re:GPL is a valid option, but overrated by jbolden · · Score: 1

      -- You can't take back a GPL release and make it closed source, once you've released it.

      That's what many GPL companies do. Including Trolltech (Qt) and MySQL (when they existed). You most certainly can. Now that doesn't change the existing license on the existing codebase but new codebases can be any license you want. The parent was correct, if you own copyright you can relicense at will. Parent's post was incorrect on may points but not on this one. Not that it means much because this is true of any license... a wet water criticism.

    6. Re:GPL is a valid option, but overrated by Anonymous Coward · · Score: 0

      It doesn't prevent proprietary forks.

      Sure it does. Anyone can go ahead and create a proprietary fork of a BSD kernel, but no one can create a proprietary fork of the Linux kernel.

      A company that owns the copyright of a GPL project can make it closed-source just as easily as if it had any other license, and a non-GPL project can be forked just as easily as a GPL project if that happens.

      If the company owns the copyright, sure, it can. If it's received community contributions to the code, and doesn't own the copyright, then it can still fork it if it's licensed under BSD or equivalent, but it can't make a proprietary fork if it's licensed under the GPL.

    7. Re:GPL is a valid option, but overrated by davydagger · · Score: 1

      It certainly does. If you are writing software as a complete non-profit, than liberal licensing is fine.

      However, if you are trying to make money, not copylefting is suicide. If you spend money on software you use in production, simply giving it away for free means the competition can use it. Now, lets say its a liberal license. They can just write small amounts of proprietary code, and sell something you do not have. If its copyleft, they have to re-share that code, so they can't take any advantages over you. You still have the advantage as the company who knows the product best.

      It tries to solve a problem that doesn't really exist; many companies actively
      contribute to non-copyleft projects without needing a mandate from RMS.

      At the same time, few of these programs get as much paid work. Most companies prefer Linux, and thats because it gets most of the funding. If anything, GNU and Linux have won out for this reason. The only time people use FreeBSD is for people who need a better networking stack than linux currently offers, such as Netflix.

      Facebook, however, instead of moving to FreeBSD is offering a large bounty for anyone who can write an improved Linux networking stack to match FreeBSD. Instead of moving to FreeBSD.

    8. Re:GPL is a valid option, but overrated by david_thornley · · Score: 2

      The GPL is easy to comply with, as long as you do it in the Free Software spirit. The only time you need to worry about technicalities is when you're trying to get the benefits of GPLed code without the responsibilities. Simply release what you've got under the same GPL conditions, providing source, and you're in the clear.

      It's also more resistant to proprietary forks than BSD licenses. If a company owns the copyright to a body of code, they can stop developing the GPLed version (in which case somebody else can pick it up), and go straight proprietary. That's true. (Stallman did approve of the dual licensing arrangement as a way of financially supporting Free Software.) However, if the body of code contains stuff I have the copyright on, they can't do that.

      One reason people attribute the success of Linux partly to the GPL is that Linus Torvalds does. He thinks the GPLv2 is an excellent license, and thinks it helped make Linux as good as it is. (He also doesn't care for the GPLv3.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re:GPL is a valid option, but overrated by Anonymous Coward · · Score: 0

      A company that owns the copyright of a GPL project can make it
      closed-source just as easily as if it had any other license

      You can't take back a GPL release and make it closed source, once you've released it. Just ask Oracle, I'm sure they would have paid much more for Sun if OpenJDK had never happened. They could have gotten everyone to pay for java.

      Wrong, As others have already pointed out.

      However, the role of the GPL in those projects'
      success is far from clear

      Maybe it's not clear to you, but a lot of free software was written specifically as a replacement for non-free versions of the same programs. For instance, the GNU versions of all of the unix utilities, like grep, sed, tar, etc. The reason these GPL programs exist is because the authors knew up front that they part of the big GNU GPL picture. What else would motivate people to duplicate all of this work?

      GNU isn't the only Free operating system, so whether or not the GPL motivated the authors of those tools (which is debatable), it doesn't matter either way.

      it certainly discounts those projects

      what a twisted way of thinking you have

      If thinking about facts is twisted, I'll stay twisted. Fact: Taking credit away from a technically awesome software product and giving it to a license reduces the credit of the software product on its own. I say that the Linux kernel is great software, and I don't have to assign any of that credit to the GPL if I don't think the GPL really deserves it. Twisted, right?

      It would be difficult to prove either way.

      How is it difficult? We have two free software kernels, one is BSD, one is GPL. Which one is in billions of devices and which one is in millions of devices?

      BSD isn't a software kernel. Neither is the GPL. They're licenses. No, I'm not just being pedantic. You've confused yourself by assuming unproven associations. The success of Linux as a kernel does not automatically endorse the GPL. Seriously, think about that, because if you start at the beginning with the inability to differentiate between software and license, you'll stay confused.

    10. Re:GPL is a valid option, but overrated by Bengie · · Score: 1

      Lots of companies are moving away from Linux for a host of reasons, including the license. The IO Stack, D-trace, and ZFS seems to also be great selling points.

    11. Re:GPL is a valid option, but overrated by Dr_Barnowl · · Score: 1

      This is why so many projects require contributors to sign over their copyright when they commit code. They want to retain that control over the licensing centrally.

      Copyright assignment is a speedbump in the road that helps to prevent contributions though. Many people are uncomfortable with the notion that their freely contributed work can be taken into a closed project. Many more people are just uncomfortable with the paperwork you need to do.

      You only have to look at what happened to OpenOffice when it forked. OpenOffice kept the copyright assignment clause. Now the project is dying in a garden shed in the Apache server farm. LibreOffice ditched copyright assignment and behold, it thrives.

  10. Beautifully put by Ukab+the+Great · · Score: 0, Flamebait

    "you can use my stuff, as long as you give back what you make from it"

    I've read the GPL, and I feel that this is by far the most beautifully to-the-point and most honest real-world representation about the requirements of the GPL that was ever put down in a single, brief sentence.

    Some people might disagree with this, and I'm sure those people who do would also argue that the act of jumping of a 1000ft cliff without a parachute being fatal is a bald-faced lie (because technically, it's the a priori sudden stop that kills you; so you're really just spreading FUD about jumping from great heights, as jumping itself has no immediate requirement of death).

    1. Re:Beautifully put by pem · · Score: 3, Insightful

      "you can use my stuff, as long as you give back what you make from it"

      That's not how it works at all, and that's how FUD starts. If you use inkscape, you don't have to give away your drawings. If you use Linux, you don't have to give away stuff you do with the OS. Hell, even if you use GCC, your code is still yours.

      And if you put something on a server (minus Affero), you still don't have to give anything back.

      No, the only people who have to give back are those who write something that can interoperate in certain ways with GPLed software.

    2. Re:Beautifully put by pem · · Score: 1
      ... and distribute it, of course.

      So, no, the number of things you can do that would cause you to have to give back are, in the grand scheme of things, very small, which is why the GPL is sometimes called a communist license -- from each according to his ability, to each according to his needs.

    3. Re:Beautifully put by TheRaven64 · · Score: 1

      It's a shame that it's nonsense. Google was able to make huge changes to Linux for their server infrastructure and not compelled to share anything. Eventually they started upstreaming things because maintaining a fork is expensive. The GPL is often counterproductive. I've seen two fairly common paths from companies with regard to GPL'd libraries. The first is simply to say 'it's GPL'd, avoid it', and end up writing a proprietary version - causing more proprietary software to be written is hardly a win for free software. The second is to take it and never admit publicly to using it, which generally means keeping a private fork and not upstreaming patches, for fear of legal complications (is the GPL compatible with all of the other third-party code you're using in your in-house software? As long as you're not distributing it, probably, but no one wants to spend lawyer time on it). For BSDL software, the common pattern is to adopt it, maintain a proprietary fork, realise that this is an expensive waste of resources, and upstream everything that isn't a core competitive advantage (which, in a lot of cases, means all of it - or, at least, all of the bits that are actually useful to other people).

      --
      I am TheRaven on Soylent News
    4. Re:Beautifully put by jbolden · · Score: 1

      For BSDL software, the common pattern is to adopt it, maintain a proprietary fork, realise that this is an expensive waste of resources, and upstream everything that isn't a core competitive advantage (which, in a lot of cases, means all of it - or, at least, all of the bits that are actually useful to other people).

      Exactly. There is also one other problem. This can be happening at multiple vendors simultaneously each of which has added different core competitive advantages. They can fork to the point they can't upstream usefully with another. They just both evolved from some base product. The GPL mostly helps to prevent that problem.

    5. Re:Beautifully put by TheRaven64 · · Score: 1
      No, the GPL does absolutely nothing to prevent this problem. Well, unless the problem is having contributors to your project.

      If people are building something for distribution, they will often avoid the GPL'd project entirely. If they're building something for internal use, then they will either avoid the GPL'd project, or they will keep their changes private in exactly the same way (and often for longer because they're worried that if they upstream stuff then they'll be asked for a legal audit of everything or, often, they're linking against something proprietary with a EULA that prohibits linking with GPL'd code and don't want their supplier to know that they're in violation of this license).

      It's far harder to start off not participating in the community and then join later if you use GPL'd code than BSDL'd code, and that's a route that I've seen a lot of companies following. Their choices aren't BSDL or GPL, they're BSDL or proprietary. If they go with a proprietary solution, then their only option if they want to become involved with an open source ecosystem is to buy their supplier. If they go with a BSDL project, then they can join in the community later.

      If they're not the first to get their changes in, then they end up with a lot of pain on their next merge, which generally encourages them to become a bit better at upstreaming stuff early.

      --
      I am TheRaven on Soylent News
    6. Re:Beautifully put by jbolden · · Score: 1

      I disagree the GPL does nothing, I agree with your case.

      Another common case than the one you cite is this. A, B, C and D are all building software for some secondary goal. For example Apple computer was working on GCC's optimizations for PPC because they wanted Mac software including OSX to run faster on PPC hardware, not because they wanted to get into the complier business. The GPL forced Apple to release all their changes to GCC even though they may have seen these as a competitive advantages and didn't release similar code bases when the code was BSD. This GCC release allowed Sony to leverage them on their game design system. Apple was forced to cooperate with Sony even though Apple made had no desire to. Another example involving Apple is the release of Webkit because of the KHTML code BTW.

    7. Re:Beautifully put by TheRaven64 · · Score: 1

      The GPL forced Apple to release all their changes to GCC even though they may have seen these as a competitive advantages and didn't release similar code bases when the code was BSD. This GCC release allowed Sony to leverage them on their game design system

      I have several 'huh' reactions to this.

      First: Apple's changes to GCC were released, but mostly lived in a separate branch in GCC's svn. A lot of them were never merged into the mainline. The GCC code has subsequently changed enough that applying them is no easier than completely rewriting them (source: a colleague at CodeSourcey who is working on doing exactly this).

      Second: Apple is one of the largest contributors to LLVM and Clang (BSD licensed) and has been since the project was quite small - they hired the lead developer of LLVM to use LLVM in their graphics stack and started the Clang project to replace GCC with something that was useable for refactoring tools, syntax highlighting, and so on.

      Third: I guess you're talking about the PS2, but optimisations for the Cell PPU are not really very useful when encouraging people to run code on the SPUs (the PPU was pretty underpowered) and Sony did not use Apple's GCC branch. For the PS4, their toolchain is entirely LLVM based (and their OS is FreeBSD based).

      Another example involving Apple is the release of Webkit because of the KHTML code BTW.

      Not a great example. WebKit was originally released as a bunch of code dumps that were basically impossible to merge with upstream KHTML. It was the promise of outside developer interest (after many years of developing it with no community involvement), not the license, that caused them to release it as a proper open source project (i.e. with a public revision control system). Oh, and the Apple-original bits of WebKit (i.e. those not derived from KHTML) are BSD licensed...

      --
      I am TheRaven on Soylent News
    8. Re:Beautifully put by jbolden · · Score: 1

      Apple's changes to GCC were released, but mostly lived in a separate branch in GCC's svn.

      Apple was aggressively merging until November 2005 when their LLVM changes got blocked. June 2005 they had already announced the switch to Intel. I think we are disagreeing on facts here. Yes a lot of their changes weren't merged in the end but that was because the GCC developers didn't like the direction they were going. Early on they got merged. When really matters.

      I'm not sure how second contradicts what I wrote.

      As for Sony I was talking PS3 they used Apple's early work on GCC.

      Not a great example. WebKit was originally released as a bunch of code dumps that were basically impossible to merge with upstream KHTML. It was the promise of outside developer interest (after many years of developing it with no community involvement), not the license, that caused them to release it as a proper open source project (i.e. with a public revision control system). Oh, and the Apple-original bits of WebKit (i.e. those not derived from KHTML) are BSD licensed...

      How does that disprove anything? The question is cooperation. Webkit clearly has lots of people working with it. That's what GPL does:

      KHTML existed and was open
      Apple used KHTML and developed Webkit.
      Webkit existed and was open
      Webkit attracted contribution

      Under a BDS license for KHTML Webkit is never open source.

    9. Re:Beautifully put by TheRaven64 · · Score: 1

      I think we are disagreeing on facts here

      Yes, you're talking about projects that I worked on and actions of people that I collaborate with and claiming that things happened very differently to how I remember them.

      Yes a lot of their changes weren't merged in the end but that was because the GCC developers didn't like the direction they were going. Early on they got merged. When really matters.

      Most of Apple's changes were in Objective-C (not merged), blocks (not merged) and early stuff on PowerPC autovectorisation (also mostly not merged as GCC contributors at IBM blocked the AltiVec stuff from being merged while it was a Freescale-only feature). About the only stuff that was routinely merged was the Mach-O support stuff, and that was largely useless as the corresponding binutils changes often weren't, so it couldn't be used without Apple's build of the rest of the toolchain.

      As for Sony I was talking PS3 they used Apple's early work on GCC.

      Sorry, I meant PS3 - the SPU stuff (where the PS3 actually got decent performance) was all new. The PPU stuff may have used a little of the Apple stuff, but very little. Apple did not do the PowerPC bring-up, that was done mostly by IBM folks (who were shipping GCC on AIX on PowerPC, and later Linux on PowerPC). Apple only did the vectorisation work because FreeScale wasn't contributing to GCC.

      How does that disprove anything? The question is cooperation. Webkit clearly has lots of people working with it. That's what GPL does

      Because the GPL was completely irrelevant to this. Ignoring the fact that it's LGPL, for a moment (and that every iOS device is violating the LGPL, because stuff links WebKit and doesn't allow the recipient of the code to re-link the code against their own build of WebKit), the sequence of events was:

      1. KHTML was open.
      2. Apple created a proprietary fork of KHTML.
      3. To comply with the letter of the license, Apple did code dumps of the KHTML-derived code on every binary release.
      4. No one used the Apple code - even the KHTML developers couldn't work out how to merge the changes, because they were given a big blob containing about six months of work from multiple developers with no revision history.
      5. Other companies (amusingly, Nokia was one of the leaders here) approached Apple and offered to contribute to WebKit if it were developed in the open.
      6. Apple creates a public svn repository for WebKit.
      7. WebKit becomes a successful open source project.

      The LGPL was in no way responsible for WebKit becoming a successful open source project, that happened solely because external contributors with deep pockets approached Apple and offered to devote engineering manpower if Apple would collaborate with them. If the license had been BSDL, then the sequence would likely have been:

      1. KHTML was open.
      2. Apple created a proprietary fork of KHTML.
      3. Other companies approached Apple and offered to contribute to WebKit if it were developed in the open.
      4. Apple creates a public svn repository for WebKit.
      5. WebKit becomes a successful open source project.

      The steps that were enforced by the license were completely irrelevant to WebKit's success.

      --
      I am TheRaven on Soylent News
  11. GPL is good but flawed by tom229 · · Score: 1

    I've long believed the GPL has a major flaw that excludes it from wide adoption: there are too few ways to monetize GPL code. Now I'm sure some people are thinking "good, that's what the GPL is about", but they'd be wrong. The GPL is about freedom, and it's flaws force those interested in being paid for their work to often reinvent GPL code to monetize the software; closing it up entirely.

    This problem is especially prelevant in industries like computer games, and hardware drivers; coincidentally two of the areas GPL code has constantly lagged behind. To fix this I would propose a provision, or perhaps a sub license that would allow a person or organisation to keep secret their source modifications for a period of time. Perhaps something like 1 or 2 years. This would give incentive to enterprise to build their products upon current GPL code as they could save money by not "reinventing the wheel", while also ensuring that their modifications would have a monetization period.

    --
    If it ain't broke, don't fix it.
    1. Re:GPL is good but flawed by bloodhawk · · Score: 1

      I've long believed the GPL has a major flaw that excludes it from wide adoption: there are too few ways to monetize GPL code. Now I'm sure some people are thinking "good, that's what the GPL is about", but they'd be wrong. The GPL is about freedom, and it's flaws force those interested in being paid for their work to often reinvent GPL code to monetize the software; closing it up entirely. This problem is especially prelevant in industries like computer games, and hardware drivers; coincidentally two of the areas GPL code has constantly lagged behind. To fix this I would propose a provision, or perhaps a sub license that would allow a person or organisation to keep secret their source modifications for a period of time. Perhaps something like 1 or 2 years. This would give incentive to enterprise to build their products upon current GPL code as they could save money by not "reinventing the wheel", while also ensuring that their modifications would have a monetization period.

      Your provision doesn't actually solve the problem. some of those drivers lag not just because a company doesn't want to reveal secrets but because they have 3rd party licensed implementations within their codebase that they simply are not legally permitted to reveal without breaking other licenses or contracts.

    2. Re:GPL is good but flawed by FranTaylor · · Score: 1

      I there are too few ways to monetize GPL code.

      RedHat, SuSE, Oracle, IBM, O'Reilly, etc. would disagree with you.

      Today's problem is that it is too hard to monetize the old fashioned way of writing software. Just ask Microsoft, giving away Windows. Imagine 10 years ago saying that Microsoft would be giving away free copies of Windows. They would have laughed at you.

    3. Re:GPL is good but flawed by exomondo · · Score: 1

      I there are too few ways to monetize GPL code.

      RedHat, SuSE, Oracle, IBM, O'Reilly, etc. would disagree with you.

      That's fine for enterprise and corporate businesses that are happy to sign up for ongoing support contracts and to contract companies to do development for them, but what about the home user/consumer market? What's the monetization strategy for products that aren't targeted at corporations?

    4. Re:GPL is good but flawed by tom229 · · Score: 1

      I don't think they would. Red Hat and Novell write code under a proprietary license and then, a lot of the time, release chunks of it under the GPL after a certain amount of time. That's why the open source versions of their os have different names and often lag behind. Some software, like GroupWise, forever remains closed.

      They practice exactly what I'm suggesting they just aren't able to as easily take back from the GPL as they are to give to it. So when they have to make big changes to pure GPL code they have little way to monetize it outside providing support.

      Further on that point, those companies have been able to leverage their software into support contracts or cloud offerings. It's pretty difficult to a sell a support contract for a video game or hardware driver, which was my point entirely.

      --
      If it ain't broke, don't fix it.
    5. Re:GPL is good but flawed by dryeo · · Score: 2

      Imagine 10 years ago saying that Microsoft would be giving away free copies of Windows. They would have laughed at you

      Two points, one MS has always pretended to give away Windows for free, eg most every new computer comes with a free copy of Windows. While not true, it seems that way to the average buyer.
      Two, 20 years ago MS actively encouraged copying Windows and users sharing those copies for free. Bill Gates actually said something along the lines of "it's better for people to use pirated copies of Windows then to buy the competitions software" and Win95 would actually install with a blank product key if it sensed OS/2 on the computer, and then inform the user that their OS/2 install was gone for good. (Actually 2 minutes with fdisk brought back their OS/2 install unless they let it get formatted away).
      Win 3.x didn't even need a product key.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    6. Re:GPL is good but flawed by dryeo · · Score: 1

      Bounties. Communities can offer money to developers to develop and developers can offer to write stuff if given the funding.
      This works the best if the community isn't too big or small and the developers have a good reputation.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    7. Re:GPL is good but flawed by aaaaaaargh! · · Score: 2

      The real problem is that in order to monetize software under GPL, a company will benefit from making it hard to compile, hard to install and hard to use, because most of the money will come from the service you offer and not from the software itself. Even worse, the GPL encourages dual licensing for commercial purposes, using the GPL as a corset from which a customers can free themselves only by paying a hefty fee. Companies then use tricks in the legal grey zone to discourage the use of the GPLed version, for example delaying publication so it always lags behind the version with commercial licence.

      AdaCore is a good example. They offer a GPL version of GNAT, but in contrast to the FSF version it is under the full GPL and not under the mGPL. Since Ada more or less requires a runtime engine, this means that all your executables from the GPL version will be licensed under GPL. Or, you can pay a hefty fee for the commercial license. At the meantime, they make sure to bundle their GPL version with a lot of essential, but GPLed code that is not in the FSF mGPL version and ensure (with delayed contributions) that the FSF version lags behind. With that strategy they have managed to boost sales for their commercial license, but it is probably also one of the main reasons why Ada has not gained and will never gain any widespread popularity.

      Your suggestion is not good, though, because it would just institutionalize the bad behaviour that companies are already demonstrating currently in a legal grey zone - delaying the release of source code, making it hard to understand, branch, compile on your own, etc. The only one who would win from this change would be proprietary software makers, and they are constantly being unfair already by taking away essential freedoms from their users.

    8. Re:GPL is good but flawed by tom229 · · Score: 1

      What your suggesting they do is not legal within the GPL. If it's GPL code they can't publish it and then delay anything. Now if it's their own proprietary code that they GPL chunks of occasionally, that would be right in line with what most companies do including Red Hat and Novell.

      They release their code because they want to encourage adoption which will hopefully encourage licensing of the closed version and support contracts. This is the only way to monetize open source currently and hence the crux of the problem. AdaCore can easily give to the GPL but can't really benefit from it. That encourages them to develop under their own license and use these little tricks you dislike.

      --
      If it ain't broke, don't fix it.
    9. Re:GPL is good but flawed by jbolden · · Score: 1

      That's hard to enforce on people redistributing.

      A writes a GPL application. B uses it and writes something on top. B gives a modified binary to C with no notice to A. C distributes it wildly including to D. How do D or A force B to release his changes? Remember C doesn't have the source changes.

      Hardware drivers are not a problem of software. Those are given away for free mostly. The problem is the open source aspect not the monetization aspect. Your 2 year windows wouldn't solve the driver the problem. As for games ... I'm not sure what incentive game writers have for ever doing GPL. They are in the one off commercial software business.

    10. Re:GPL is good but flawed by Eunuchswear · · Score: 1

      With that strategy they have managed to boost sales for their commercial license, but it is probably also one of the main reasons why Ada has not gained and will never gain any widespread popularity.

      You think that is why Ada hasn't gained widespread popularity?

      I remember when it was called "Green". No way was it ever going to be popular.

      --
      Watch this Heartland Institute video
    11. Re:GPL is good but flawed by tlhIngan · · Score: 1

      Two, 20 years ago MS actively encouraged copying Windows and users sharing those copies for free. Bill Gates actually said something along the lines of "it's better for people to use pirated copies of Windows then to buy the competitions software"

      What a change from 20 years previous to that where the infamous Bill Gates' Open Letter to Hobbyists was released where he decried the open sharing and "piracy" of his software.

    12. Re:GPL is good but flawed by exomondo · · Score: 1

      Bounties. Communities can offer money to developers to develop and developers can offer to write stuff if given the funding.

      And where does this money come from? Do people donate it in the hope that somebody will eventually take it up and deliver? It could be an applicable idea in theory, where is it actually working?

    13. Re:GPL is good but flawed by dryeo · · Score: 1

      I've been involved in the OS/2 community where there has been projects along these lines, eg http://trac.netlabs.org/qt4 and http://trac.netlabs.org/java. Other examples include porting VLC where the community pledged X amount of money and someone did it under a different bounty system. There were failures under that system where there wasn't enough money raised for various projects to entice a developer and eventually the holder of the money polled the sponsors about what to do with the money and most was given to financing Firefox.
      While porting the OpenJDK included corporate sponsorship and I suspect the current work on Firefox is also corporate sponsered, the community of regular users did supply a good portion of money.
      There are also developers who just ask for donations and while not making a living this way, it does finance a hobby. (I've been offered quite a few donations over the years. As I didn't want to feel any

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    14. Re:GPL is good but flawed by Anonymous Coward · · Score: 0

      To fix this I would propose a provision, or perhaps a sub license that would allow a person or organisation to keep secret their source modifications for a period of time. Perhaps something like 1 or 2 years.

      There's really nothing stopping you from doing that, if it's your own code, but then you're entering the realm of contracts instead of licenses.

  12. fud by Anonymous Coward · · Score: 1

    this is by far the most beautifully to-the-point and most honest real-world representation about the requirements of the GPL that was ever put down in a single, brief sentence.

    too bad it's not correct.

    you aren't obligated to give anyone anything if you use GPL licensed software. Only if you try to sell the binaries of the code you took.

    1. Re:fud by aaaaaaargh! · · Score: 1

      Too bad that's not correct either. The GPL has nothing to do with the question whether you sell software or not. It's all about distribution.

  13. or... by waspleg · · Score: 1

    they use a BSD license and laugh all the way to the bank

    (rather conspicuous lack of Apple wouldn't you say?)

    At least the GPL requires people to give *something* back.

    1. Re:or... by Bengie · · Score: 1

      Forcing people to give back is like asking for technical debt. Prostitutes give back, they give you STDs. You don't want everything people can give.

    2. Re:or... by Anonymous Coward · · Score: 0

      "Hey, want to play ball with us?"
      "Sure!"
      "You have to play by our rules though."
      "What if I don't want to follow your dumb rules?"
      "You can take your ball and go home."
      "Why can't I take your ball and go home?"
      "Because it's our ball - we're just letting you play with it."
      "Wahhhh! You guys are FORCING me to play by your rules!"

  14. Re:Being Pro-GPL Is For Cows by Anonymous Coward · · Score: 1

    Oops, sexconker forgot to check the AC box. That said, free software is for tucows!

  15. Re:The geek on the lecture circuit. by FranTaylor · · Score: 1

    it is a purely commercial product with no pretensions of ideological purity or political correctness.

    No pretentions of political correctness? My goodness, you really know NOTHING about Microsoft.

    Computers are being locked down

    yeah that's funny, with about 40 operating systems and 10 different hardware platforms to choose from, computers have never been less locked down. As a consumer you've never had such an opportunity to purchase so many different kinds of computers with so many different kinds of operating systems. You can buy a locked down windows system for your kids that won't let them surf porn, or you can get hacking gear that will find vulnerabilities in your systems. You can set up a linux system by compiling every single program yourself. You can buy computers and cell phones that are virtually all free software, every byte. Face it, computers have never been so unlocked and so easy for people to work with.

    in a population this size more users are taking shelter in walled gardens of more manageable size

    Meanwhile, back in reality, google, youtube and facebook are more popular than ever before.

  16. Once again, neo-libertarian gets it wrong by Anonymous Coward · · Score: 0

    Isn't it fun how the students who've never had to earn their own living without mommy paying their credit card bills keep getting it wrong?

    It's "free as in speech", people. The GPL: protects it. Apache/Perl/my-favorite-martian license does *not* protect developers from having their work proprietezied and locked away.

  17. How can openness lead to closeness? by aussersterne · · Score: 3, Insightful

    Because the number one thing openness generates is chaos and multiple competing claims about reality. Say, many Linux distributions, each claiming to be great, and in fact, many variants of Linux distributions often with many versions and many wrinkles, and many varations of packages, libraries, and so on.

    If you want to build or customize things, openness is great. If you just one to pick something up, use it, and move on, a huge amount of confusion, overhead, and pain is involved in trying to pick the "right" version (particularly if you're unfamiliar with openness and wrongheadedly looking for the "real" version, as many early Linux dabblers were) and get it to work quickly and easily.

    There is thus a huge amount of value added by anyone that quells the chaos—even in a tiny sphere or product—and that can quickly, clearly, and succinctly explain to users just what their version does, without ambiguity either within itself as an instance or over time. The nature of the beast—this value is the result of "closing the openness," if you will, means that it can't be opened, or the value will be lost.

    End users want operating systems and devices that are not open systems with unclear edges that bleed into the ecosystem, but rather a single, coherent, object or product that they can acquire, use in predictable and stable ways, and then lay down once again. They want systems and devices about which books can be written (and bought, and referred to months down the road) without quickly becoming obsolete, and with the minimal risk that this book or that add-on that they purchase will fail to work becuase they'd misconstrued the incredibly subtle differences and variations in product naming, versioning, and so on.

    In short, massive openness is incredibly generative and creative, but leaves in place a systems/software/hardware version of the "last mile problem" for computing. Having a fabulous network is one thing, but consumers just want one wire coming into the house, they want it to work, they want it to be predictable and compatible with what they have, and they want to know just where it is and what its properties, limits, and costs are. They are not interested in becoming engineers, the technology they use is only useful to them as a single, tiny, and managable facet of the larger ecosystem that is their life.

    This "last mile problem" cannot be solved with openness in hardware or software any more than the last mile problem for wired providers can be solved by opening up all of urban geography to any comers and saying "lay all the cable you want, anywhere you want, to and from any building or system!" First off, it would result in a mess of wires (not un-analagous to what we see across much of free software's development space) and next because most consumers wouldn't be able to make heads or tails of it, much less make a choice, and they'd probably resent the complexity in their backyard and try to do away with it.

    Openness leads to closedness because to the extent that openness dominates in the development and engineering space, closedness increases as critical need for carrying whatever is developed to the average consumer space, in precisely the same measure.

    --
    STOP . AMERICA . NOW
    1. Re:How can openness lead to closeness? by david_thornley · · Score: 1

      What happens in practice is that individual companies or organizations will build something from all of the open components. If you're new to Linux, I'm not going to recommend that you go looking for kernel versions etc. I'm going to suggest that you get Ubuntu and install it, very much like if I recommended that you install Windows 10. Ubuntu and Windows 10 are finished operating systems, and work in a similar manner.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  18. Lockdown for Thee, but not for Me by SuperKendall · · Score: 1

    Systems have only become more closed to NON-TECHNICAL users. iPhones can still be jailbroken and you can do anything with them. Hack, even non-jailbroken iPhones you can do quite a lot with simply by running your own locally developed app on your device (which anyone can do for free now BTW).

    This is useful because we have seen historically that systems that are more open to non-technical users lead to a lot of self-harm. They simply do not have any way to filter what is reasonable and what is not as to what they are putting in the system.

    In reality all computing systems are more open and hackable than ever before thanks to connectivity. When a hacker on his couch can stop a Jeep driving down the road, you don't have to worry that systems are too closed.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  19. People get GPL wrong by GoodNewsJimDotCom · · Score: 1, Flamebait

    Some people think GPL means you can use my stuff as long as you put my name in the credits and keep my stuff free. But GPL means,"If you use my stuff, you can't charge for your stuff and have to make all your code public." So if I write a 100,000 line of code game, and I am on opengameart.org and want to use someone's pretty butterfly picture under GPL, I can't use that picture unless I release years worth of source code. Thankfully there is a work around of contacting artists directly and asking for a different license. Some get surprised they didn't pick a friendly license to begin with since GPL gets pushed so much as the correct for sharing license.

    1. Re:People get GPL wrong by serviscope_minor · · Score: 1

      But GPL means,"If you use my stuff, you can't charge for your stuff

      If that's true thwn how did the FSF make money by selling tapes loaded with GPL software in the early days?

      --
      SJW n. One who posts facts.
    2. Re:People get GPL wrong by aaaaaaargh! · · Score: 1

      Yeah, well, you are certainly among the people who get the GPL wrong ...

      But GPL means,"If you use my stuff, you can't charge for your stuff and have to make all your code public."

      It doesn't even remotely mean that.

    3. Re:People get GPL wrong by GoodNewsJimDotCom · · Score: 1

      I thought you couldn't sell the software unless you provided your own code with GPL and open sourced your code? Admittedly my grammar failed, but I was trying to say,"Unless I provided all my code open sourced and available, I could not sell my game."

    4. Re:People get GPL wrong by Anonymous Coward · · Score: 0

      Close. You can't distribute your game (whether you charge for it or not) without providing source, but that applies only to combined works where your code and the GPL'd code form "one program." The butterfly is probably not part of your program, and it wouldn't make any sense to license a picture under GPL anyway.

    5. Re:People get GPL wrong by david_thornley · · Score: 1

      Actually, your first sentence is pretty much what the GPL does.

      You can charge for GPLed code just fine. The disadvantage for your business model is that you can't restrict it after a sale, so your first customer can redistribute freely. You can also use it freely without letting anybody else seeing your changes if you don't redistribute, to mention another common misconception.

      In the meantime, if you grab pictures off the Internet without checking for license, you're going to be breaking the law sooner or later. You need to make sure the picture license is compatible, and if not you need to negotiate, which is exactly what you're doing. The GPL is no different from any other license in this manner, except that the GPL offers more freedoms than copyright law does.

      Alternately, you may be able to put all the GPLed pictures into their own file and label it as GPL, since extracting a picture from an archive and displaying it is not creating a derivative work. You might lose the ability to prevent screen captures and the like, but that's usually not important.

      From your description, it sounds like opengameart.org is intended as art for F/OS games, and you're not acting according to their intent. You're certainly no worse off that it exists than if you never got to see the pictures and negotiate with the copyright holders.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    6. Re:People get GPL wrong by GoodNewsJimDotCom · · Score: 1

      I would honestly like an answer from someone.

      If I had a 100,000 line of code video game that took me years to make, and I want to use some 10x10 pixel piece of GPLed art that took someone a few minutes to make, does that mean I have to release my 100,000 lines of code open source? I think it does and people have suggested it to me in the past.

      This is why I think artists get lulled into thinking they can license under GPL and people can use their art as long as they put their name in the credits, but that isn't the result at all. Artists who want their art to be used freely in video games probably want to use Creative Commons license, and not CC-BY.

    7. Re:People get GPL wrong by Anonymous Coward · · Score: 0

      I would honestly like an answer from someone.

      If I had a 100,000 line of code video game that took me years to make, and I want to use some 10x10 pixel piece of GPLed art that took someone a few minutes to make, does that mean I have to release my 100,000 lines of code open source? I think it does and people have suggested it to me in the past.

      I am someone, but not a lawyer. In my opinion as long as you conveythe art as a separate file that your program loads, you are only aggregating it with your work and don't have to open your source (see GPL v3 paragraph 5). You are giving every person to whom you convey the art every right that you have, which is the essence of the GPL.

      If you were to convert the art into literal data incorporated into the source code of your program, different story.

    8. Re:People get GPL wrong by Anonymous Coward · · Score: 0

      If you don't intend to share your code, then don't use any GPL'd stuff with it. That's the safest approach.

      GPL is for people who like to share their work with each other and the general public. If you want to put a price tag on it and restrict its use and distribution, look elsewhere.

  20. Free software locks down users? by nickweller · · Score: 1

    "The fastest way to develop software which locks down users for maximum monetary extraction is to use free software as a base"

    Care to produce the names of any company, entity or individual user that were locked into an onerous monetary contract - though the use of free software?

    1. Re:Free software locks down users? by jbolden · · Score: 1

      Cisco systems paid damages (a donation) to the FSF for Linksys violations.
      NuSphere lost a bunch to MySQL.
      I could probably come up with more examples.

      You are misunderstanding the quote. The quote from the original article was about how it is getting to hard to create a platform from scratch and the with rise of free platforms most people creating proprietary software are starting with a free (BSD usually) licensed system and extending it as a commercial product.

  21. Few people understand the economics by Bruce+Perens · · Score: 5, Interesting

    Gift-style licensing like BSD licensing is for when you want everyone to use your code so badly that you don't care what they do with it. If you have an economic reason for that, fine. But it can create harm if you don't have your economics straight. Heartbleed was an economic failure of gift-style licensing. Very wealthy companies used OpenSSL and didn't contribute to its maintenance. There was some astronomical amount of economic damage in result. I think we all would have been better off had OpenSSL been dual-licensed and paid for by some folks, even if it had fewer users that way. And maybe that way its original developers would not have had to go to work for RSA, who prohibited them from ever touching their old code again. That's why we still have Eric Young's old, old license with the attribution clause nobody else uses any longer. He can't touch it.

    GPL IMO does work best with dual licensing, because people who just hate the GPL can get what they want, and pay for making more Free Software. But if you don't care about money and don't want to use dual licensing, the growth effect you get from GPL is a lot better than making yourself some very rich company's unpaid employee by giving them all possible rights except for a very limited attribution.

    Some people should pay. Some should get stuff for free. They aren't in general the same people, and they self-classify.

    1. Re:Few people understand the economics by phantomfive · · Score: 1

      GPL IMO does work best with dual licensing, because people who just hate the GPL can get what they want, and pay for making more Free Software. But if you don't care about money and don't want to use dual licensing, the growth effect you get from GPL is a lot better than making yourself some very rich company's unpaid employee by giving them all possible rights except for a very limited attribution.

      This is something I don't think gets emphasized enough.......the GPL works really nicely in a dual licensing scenario.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:Few people understand the economics by Bruce+Perens · · Score: 1

      You do have to get either copyright assignment or the right to relicense from your contributors, if you have contributors, or the whole scheme doesn't work. But maybe you get enough money to pay them some.

    3. Re:Few people understand the economics by Kjella · · Score: 1

      GPL IMO does work best with dual licensing, because people who just hate the GPL can get what they want, and pay for making more Free Software. But if you don't care about money and don't want to use dual licensing, the growth effect you get from GPL is a lot better than making yourself some very rich company's unpaid employee by giving them all possible rights except for a very limited attribution.

      Sure, if you're not using any GPL-only libraries and not taking any third party contributions without copyright assignment. Many of the big libraries are community projects, there's no single entity to dual license them so it doesn't matter what license you offer on your part. And for copyright assignment you can't just find code you need, they have to actively sign it over and not many will help you make money. Chances are pretty big your project will be forked by some of those who refuse and their GPL-only project will become the dominant one. And once ownership is divided, a dual license isn't coming back.

      --
      Live today, because you never know what tomorrow brings
    4. Re:Few people understand the economics by BitZtream · · Score: 1

      Sorry Bruce, I think you're entirely off the mark on this one.

      The OpenSSL projects problem is its developers being unwilling to make the choices that need to be made for the good of the SSL project itself, not lack of money.

      Lack of money certainly could have contributed, but considering what your arguing is that by allowing FEWER people to use it, it would have been handled better ... well that just doesn't stand up to me.

      Couple with that the number of massive companies that use and depend on OpenSSL who did nothing for it but do contribute back to BSD licensed projects regularly ... and the number of companies that simply avoid OpenSSL (Apple, Amazon, Microsoft, eBay, PayPal, American Express, Bank of America and many other large financial institutions) because its a total mess when they could contribute to it ...

      OpenSSL is an exhibit in how not to write security related code, not lack of funding. The lack of funding is a side effect of the silly SSLeay license crap thrown in and crap code. Just because it was the most popular doesn't mean it was the best, or even good.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    5. Re:Few people understand the economics by jbolden · · Score: 1

      I'd say copyright assignment. Relicensing is dangerous because it makes standing complex. With relicensing you are just another license holder equal to the license violator. How do you prove damages or have the right to settle violations if you don't have copyright?

    6. Re:Few people understand the economics by Bruce+Perens · · Score: 1

      How do you prove damages or have the right to settle violations if you don't have copyright?

      If you have been doing enough work to justify getting paid for the software, you have an ample amount of your own copyrighted work to base your claim upon. If you haven't done that much work, what are you suing for?

      You can also get a grant of the right to sue from your contributors. You can include in the agreement how you will apportion damages: for example you could take the ratio of your lines of modified code checked in vs. that of contributed code checked in, and give that portion of damages to FSF.

    7. Re:Few people understand the economics by Bruce+Perens · · Score: 1

      As a community we've managed to almost completely ignore that because of their use of dual-licensing, MySQL made 1.1 Billion dollars after 9 years in business, and that for a database that was written by one person, and the code base remained available under the GPL.

      IMO, 1.1 Billion dollars is pretty damn impressive. Especially if you get paid that to make Free Software. Heck, sign me up!

      Oracle was a bad actor, and Monty is now leading further development of that same code base under the GPL. But it did not have to be that way.

    8. Re:Few people understand the economics by Bruce+Perens · · Score: 1

      Maintaining FIPS compliance did not make anything easier. It's essentially a prohibition on bug repair, as you have to recertify afterward. But the people who wanted FIPS were the only ones who were actually paying for someone to work on OpenSSL.

      I don't think any of the other Free Software projects ever tried to be FIPS certified.

  22. Lawsuits and licenses are not the problem by Bruce+Perens · · Score: 5, Interesting

    I help GPL violators clean up their act, it's my main business.

    Every one has had a total lack of due diligence. I will come in and find that they have violated the licenses of 21 proprietary software companies (this is a real customer example) by integrating their code into their main product, just like the GPL code. Some of them only had an "evaluation" license, some not even that, some wildly violated the terms of any license they got.

    Most of them are in silicon valley. They seem to have the attitude that they will clean up their legal problems when they're rich, and nothing but getting their product out of the door matters until then.

    They don't ask me to feel sorry for them. I bill them a lot, and in the end, they're clean and legal.

    1. Re:Lawsuits and licenses are not the problem by Anonymous Coward · · Score: 2, Interesting

      Perens, there are those who know better but pretend to not understand. This is one case.

      Did you know blue iris uses the same GPL software source as FFMpeg? It does. Here's the smoking gun, specifically about blue iris but can be applied to many apps. I think you can follow this without further explanation, though (name) (blue iris reseller of sorts, you probably know of him) refused to believe it. You?

      - - - -

      The simplest way to discover hidden GPL use in programs is to use strings.exe, found at sysinternals ( link to strings.exe package at TechNet Microsoft.com). But since the idea is to hide the use, the program is more often than not encrypted or compressed. To compress programs, one common method is to use UPX ( http://upx.sourceforge.net/ ), found at upx.sourceforce.net. Fortunately, UPX can also decompress what it has compressed. Again, since the idea is to hide what can be discovered by looking at strings (strings are text), the "UPX" markers are often removed, even though doing so is against the UPX license.

      Find the EXEs or DLLs you want to investigate. This example uses the 32-bit version of BlueIris.exe, from one of its many 4.0.9.x releases.

      2015.06.23 22:54

      • sounds
        2015.06.23 22:54
        • www
          2008.01.26 12:07 135,168 HHNetClient.dll
          2013.10.05 02:38 4,449,952 mfc120u.dll
          2013.10.05 02:38 970,912 msvcr120.dll
          2013.12.04 10:33 506,368 EASendMailObj.dll
          2014.04.28 16:32 220,016 ftd2xx.dll
          2014.05.21 15:25 143,720 SeaMAX.dll
          2014.09.03 14:16 59,776 BlueIrisService.exe
          2014.10.31 21:17 608,640 BlueIrisApplePush.exe
          2014.12.16 16:36 230,400 libfaad.dll
          2014.12.22 13:01 1,410 ReadMe.txt
          2015.04.12 21:02 490,336 BlueIrisAdmin.exe
          2015.06.21 02:40 4,032,566 BlueIris.chm
          2015.06.23 14:36 7,768,416 BlueIris.exe
          13 File(s) 19,617,680 bytes

          The main program is BlueIris.exe, sized at 7,768,416 bytes. However, this is the UPX-compressed size. How can you tell it's been compressed by UPX? Use a binary editor to look at the first KB of the file:

          (dump of first KB of blueiris.exe, showing UPX markers)

          If you don't see UPX that does not mean it was not UPX compressed since it's simple to overwrite the UPX characters with spaces. Often, UPX can still detect that it is a UPX-compressed binary so go ahead and try even if you don't see these markers.

          First thing, decompress the program using UPX with its -d option switch:

          C:\wk>upx.exe -d BlueIris.exe

          Ultimate Packer for eXecutables
          Copyright (C) 1996 - 2013
          UPX 3.91w Markus Oberhumer, Laszlo Molnar & John Reiser Sep 30th 2013

          File size Ratio Format Name
          22579040 strings.exe BlueIris.exe | findstr /i

          to see this: (most of the text generated was removed below - in total about 24 lines, though some line

    2. Re:Lawsuits and licenses are not the problem by Lennie · · Score: 1

      Sounds to me like they think 'time to market' is more important.

      --
      New things are always on the horizon
    3. Re:Lawsuits and licenses are not the problem by soccerisgod · · Score: 1

      It's not just sillicon valley (startup) companies. Many large, world-spanning companies only recently have begun license management in earnest, demanding extensive paperwork for everything they buy from their suppliers to ensure they're not accidentally walking into a PR disaster. And apparently, many suppliers have not really had any license management either, going by the motto nullo actore nullus iudex. Luckily, that is changing in many places now and awareness and sensibility is on the rise.

      --
      If a train station is a place where a train stops, what's a workstation?
    4. Re:Lawsuits and licenses are not the problem by Bruce+Perens · · Score: 1

      If you are one of the infringed parties, I'd be happy to talk with you about what your options are. bruce at perens dot com or +1 510-4PERENS (I'm not there today, but it will take a message). I am not a lawyer but I work with the good ones and can bring them into the conversation if necessary.

    5. Re:Lawsuits and licenses are not the problem by Krishnoid · · Score: 1

      I bill them a lot

      ...

      They don't ask me to feel sorry for them.

      I dont think you're billing them enough :-)

    6. Re:Lawsuits and licenses are not the problem by david_thornley · · Score: 1

      It's not just a PR disaster. It could result in an injunction against shipping a product, for example, and that can be a really big hit for a company.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  23. Re:Nails are death knell 2015 by Anonymous Coward · · Score: 0

    FTFA:

    >One thing that's true is that over the last many years we've seen an explosion of use of screws

    Screws in all houses, here on my desk, kitchens, door hinges, The International Space Station, government buildings, even on Android phones, etc.

    People like screws in so many places therefore they must be applicable in all places therefore nails are death knell!

    besttoolforthejob.com

    [ Windows is death knell. ]

    Soon only tools will use Windows.
    Lol this guy...
    https://www.youtube.com/watch?v=5GU5uv28a3I

    I see videos already of Windows 10 sucks and Windows 10 is gonna suck on YouTube.

    www.youtube.com is of course running on Linux as well.
    http://toolbar.netcraft.com/site_report/?url=www.youtube.com

    But hey, maybe you are better at banging nails and selling nails? Meanwhile smart IT people use Linux at work and at home.

    Keep trying to explain how Windows didn't suck before Linux existed. Too late. Current Linux is superior to every version of Windows COMBINED. distrowatch.org

    suggest: avoid Ubuntu (third world Linux) and Redhat/Fedora (Microsoft wannabe's beginning at version 8.0)

    thank me later.

  24. Freedom vs Permissiveness? by Pfhorrest · · Score: 1

    Some confusion of concepts is evidenced by OP's indirect contrasting of "freedom" with "permissiveness". Freedom is permissiveness; the more you are permitted to do, the more free you are. More permissive licenses are thus by definition more free than less permissive ones.

    One way to illustrate this is to consider what would happen if all copyright law suddenly went away. The permissive licenses that already let you do whatever you want would effectively still be in effect, because they were doing nothing but creating an exception to prohibitions put in place by that copyright law. The GPL, on the other hand, only allows those exceptions on the condition of accepting certain obligations; if copyright law went away entirely, there would be no prohibitions to need exceptions to, and thus no need to accept the obligations imposed as conditions to those exceptions by the license, and GPL licensing would collapse to completely permissive licensing.

    The obvious balance point between the two would be a license that only imposes the obligation to permit the same exceptions to the prohibitions imposed by copyright law, because in that case if copyright law went away, nobody would have the ability to violate the required obligations, and would thus automatically meet the conditions of the license. Basically "I'll pretend copyright law doesn't exist if you do too; I won't sue you for distributing my copyrighted work if you won't sue anyone for distributing your derivatives of it". A lot of people seem to think that that's all GPL does, but it's not, because it treats binaries and source code as separate things with separate conditions. If we were talking just about source code and binaries weren't a thing at all, then GPL would be this kind of license: "you can copy and distribute this code, so long as you let anyone else copy and distribute any modifications you make to this code". If copyright went away, then you would be automatically permitted to copy and distribute it no matter what, but everyone else would be automatically permitted to copy and distribute any modifications you made too, so it would just be like everything was under such a license.

    But with regards to binaries, GPL doesn't work like that. You can't just copy, modify, and distribute the binary files themselves without also accepting the obligation to provide source code with them, which means that without copyright law, people would be more permitted to do things than they would be under GPL; they would be more free. The GPL is withholding some freedom that it could grant, with the goal of making source code more widely available. And while the amount of freedom it withholds is minor, the benefits of withholding them are minor too; if you weren't allowed to withhold license of your modifications of the code you made, which would include binaries made from your modified code, then people would be free to copy your binaries, which is what end-users really pirate anyway, and what might make a financial difference, so what would be the point of withholding the source code? There would be no financial advantage to it, and I don't expect many companies would really bother, since it would make no difference in whether or not people were copying their finished product, the binaries.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    1. Re:Freedom vs Permissiveness? by preflex · · Score: 1

      If we were talking just about source code and binaries weren't a thing at all, then GPL would be this kind of license: "you can copy and distribute this code, so long as you let anyone else copy and distribute any modifications you make to this code if you choose to distribute your modified version".

      FTFY.

      I also have the choice to distribute nothing. I can run my modified versions of GPL code on my own servers, and even charge people mountains of money to use it, SaaS style. Under the GPL, I don't need to provide source for anything.

      This ugly reality is why the FSF created the GNU Affero license.

    2. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      Yes, that's implicit. Nobody is physically able to copy or distribute your code if they don't have a copy of it in their possession. The only time any of this becomes relevant is if someone has your code already in their possession (i.e. you've distributed it to them), and is thus able to copy, modify, and distribute it; only in those conditions does it make any sense to talk about whether or not they're allowed to do so.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    3. Re:Freedom vs Permissiveness? by serviscope_minor · · Score: 2

      Freedom is permissiveness; the more you are permitted to do, the more free you are. More permissive licenses are thus by definition more free than less permissive ones.

      Individual freedom is not global freedom. If you incease individual freedom to allow individuals to keep slaves, then overall freedom decreases. I would call a society with anti-slave laws more free than a society which allows slaves.

      The GPL is analogusly similar. It maximises overall freedom.

      Hence more freedom.

      --
      SJW n. One who posts facts.
    4. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      There is no 'freedom to own slaves', here is only the slaves' lack of freedom, and freeing them does not make the slave-holders less free, it makes them less ENTITLED; one person's entitlement is always another's lack of freedom.

      There is no conflict between 'individual freedom' and 'global freedom'; global freedom is the sum of individual freedoms. There is only the misleading conflation of freedom with entitlement, and entitled people complaining about infringements on their 'freedom' when no such thing is happening; others are gaining freedom, they are losing corresponding entitlements, but no individual is losing freedom as global freedom increases.

      And the GPL doesn't maximize global freedom anyway. I described a license that would, and how the GPL differs. The abolition of copyright would maximize freedom in this respect, and the GPL is incompatible with the absence of copyright, so it cannot be freedom-maximizing.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    5. Re:Freedom vs Permissiveness? by Anonymous Coward · · Score: 0

      "There is no 'freedom to own slaves'" Indeed not. But it IS a restriction to forbid the ownership of slaves. You DO realise that forbidding something restricts people who would want to do it, right?

      "one person's entitlement is always another's lack of freedom." Indeed, which is why your entitlement from the BSD license to take the source closed is anothers lack of freedom. IOW BSD is less free.

      "There is no conflict between 'individual freedom' and 'global freedom'; global freedom is the sum of individual freedoms." You can't make more people free by enslaving most of them, but allowing *in principle* *everyone* to own slaves.

      "others are gaining freedom, they are losing corresponding entitlements" and the loss of those entitlements are what the GPL asserts, yet you call that a restriction.

      "And the GPL doesn't maximize global freedom anyway" Yes it does.

      "The abolition of copyright would maximize freedom in this respect" Indeed it would. Of course the ability to make a living off it is removed.

      " and the GPL is incompatible with the absence of copyright" No it isn't, any more than BSD is or Public Domain is.

    6. Re:Freedom vs Permissiveness? by serviscope_minor · · Score: 1

      does not make the slave-holders less free,

      Yes it does. You're preventing them from doing something, in other words you're restricting their actions.

      There is no conflict between 'individual freedom' and 'global freedom'; global freedom is the sum of individual freedoms.

      Sum of. But independently optimizing each person's individual freedom does not necessarily increase the sum, because doing so can cause other people's freedom to be diminished.

      And the GPL doesn't maximize global freedom anyway.

      Which post?

      The abolition of copyright would maximize freedom in this respect, and the GPL is incompatible with the absence of copyright, so it cannot be freedom-maximizing.

      You're being pedantic. The FSF is utterly unable to affect copyright law to the extent of abolishing it. Within what they are actually able to do, the GPL maximises freedom.

      --
      SJW n. One who posts facts.
    7. Re:Freedom vs Permissiveness? by david_thornley · · Score: 1

      There's an old saying, "Your right to swing your fist stops at my nose." In other words, your freedom to swing your fist is restricted in order that my freedom from being arbitrarily hit by a fist might be enforced. Are you going to call my desire for bodily integrity to be an entitlement, rather than a freedom? Is the freedom to own something just an entitlement, to be violated by people with the freedom to take what they want? If so, then I don't think your definition of "freedom" is useful, and it very definitely shouldn't be maximized.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      Technically yes, your right to bodily integrity is an entitlement, not a freedom. It is of the form "everyone is prohibited from [punching you in the face, etc]", or equivalently "everyone is obliged to not [punch you in the face, etc]", and for others to have an obligation to you is exactly what an entitlement is. It is not of the form "you are permitted to...." something, which is what a freedom would be. Your right to bodily integrity is not a permission for you to do something, it's an obligation on others to not do something.

      (In the technical language of rights theory, your right to bodily integrity is a "claim right", or a first-order passive right, as are entitlements in general; whereas freedoms are "liberty rights", or first-order active rights. The second-order variants thereof are called immunities and powers, if you're curious; claims against modifying first-order rights, and liberties to modify first-order rights, respectively).

      Note that I never said all entitlements are bad, and I definitely agree that freedom should not be absolutely maximized, because some claims are necessary. Very minimal claims, I would argue, like the claim to bodily integrity, but some claims nevertheless. (Similarly I'd argue that there should be very minimal powers, and near-maximal immunities; people should generally have no power to change each others' rights, but nevertheless some powers are necessary, like the power to trade, which changes ownership and thus who is permitted or obligated to do or not do what to what, i.e. changes first-order rights).

      Anyway. Ownership consists of claim rights (to own something is to have others prohibited from acting upon it against your will, or conversely, obligated to respect your will regarding it), so "freedom to own something" is kind of incoherent. It expands out to a permission for you to ... have others have obligations to you? That might make sense as some kind of a power (as a second-order permission to create a first-order obligation upon others), but that's clearly not what "ownership" means.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    9. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      "There is no 'freedom to own slaves'" Indeed not. But it IS a restriction to forbid the ownership of slaves. You DO realise that forbidding something restricts people who would want to do it, right?

      Abolishing slavery does not require forbidding anyone from doing anything. "Ownership" is not an action; it is a deontic state of other people having certain obligations toward you with respect to the thing that you own. To abolish slavery is just to say that nobody is obligated to respect the ostensible slave relationship. The slave-holders are not further restricted in their actions when that happens. They just have no more claims to restrict the actions of others. Nobody's individual freedom is lost when slaves are freed, not even the slave-holders.

      "one person's entitlement is always another's lack of freedom." Indeed, which is why your entitlement from the BSD license to take the source closed is anothers lack of freedom. IOW BSD is less free.

      The BSD license does not "entitle you to take the source closed". It's not like the BSD license creates obligations on others toward the licensee, which is what an entitlement is: an obligation of others toward you. It's not like, if you BSD-license some code to me, I now have the right to restrict your ability to copy and distribute that code. Copyright law would entitles me to control of copying and distribution of my modifications to the code. But the BSD license only permits an exception to the entitlement granted by copyright law, and does not create any further entitlements.

      "others are gaining freedom, they are losing corresponding entitlements" and the loss of those entitlements are what the GPL asserts, yet you call that a restriction.

      You evidently didn't actually read my first post, where I described a hypothetical license that would do nothing but grant permission and require the licensee to grant similar permission, and how the GPL differs from that because it treats binaries and source differently.

      "And the GPL doesn't maximize global freedom anyway" Yes it does.

      Learn to read.

      " and the GPL is incompatible with the absence of copyright" No it isn't, any more than BSD is or Public Domain is.

      The GPL grants permission only on certain conditions; in other words, it withholds permission on other conditions. In the absence of copyright law, it would have no power to withhold permission, so those conditions would become irrelevant and people could ignore them; namely, they could distribute binaries and not provide the source, with impunity. The GPL is backed by the power of copyright; without copyright, the GPL is toothless. So GPL is incompatible with the absence of copyright.

      The attribution clause of the BSD license would similarly be unenforceable, granted. Anything less than public domain is incompatible with the absence of copyright, and cannot be said to "maximize freedom" in any sense.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    10. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      Abolishing slavery does not require forbidding anyone from doing anything. "Ownership" is not an action; it is a deontic state of other people having certain obligations toward you with respect to the thing that you own. To abolish slavery is just to say that nobody is obligated to respect the ostensible slave relationship. The slave-holders are not further restricted in their actions when that happens. They just have no more claims to restrict the actions of others. Nobody's individual freedom is lost when slaves are freed, not even the slave-holders.

      Also, re-read my first post. I laid out what a truly freedom-maximizing license would be, and how the GPL differs. The GPL withholds permissions that are entirely within its power to grant even given the current state of copyright law, and imposes obligations that would be unenforceable without the backing of copyright law. BSD etc licenses are also not freedom-maximizing, but at the very least they do not impose any additional obligations; they only make exceptions to the ones that were already in place.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    11. Re:Freedom vs Permissiveness? by serviscope_minor · · Score: 1

      Abolishing slavery does not require forbidding anyone from doing anything.

      It forbids people from keeping slaves. You know where people are held against their will and forced to work. If you kidmap people and force them to work for you you will be sent to prison. Ergo you are not free to do that.

      Also, re-read my first post.

      Again, I shall ask for the link. There are too many posts in this thread for me to read the entire thing.

      And no, you're wrong about the GPL. It imposes no conditions beyond what copyright grants---it can't. You didn't actually say that but you strongly implied it with your reference to BSD. Copyright gives you (i.e. not the rights holder) literally no rights. The GPL gives you some. Most, in fact.

      --
      SJW n. One who posts facts.
    12. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      People are already generally prohibited from kidnapping people or forcing them to do anything except as necessary to defend one's own property, i.e. one's own claims or entitlements. Slavery merely says "this person is that person's property", creating a claim or entitlement, which is only unusual in that the property in question is also a person, and thus the property is capable of violating its owners entitlements to it, and thus falling within the range of action permitted by people in general in defense of their property (in this case, from itself). The abolition of slavery does away with that claim or entitlement, eliminating the loophole that can cause a person (the former slave) to be liable to another person (the slaveholder) for transgressions against himself (as the slaveholder's property), but it doesn't add any new prohibitions into the mix.

      For analogy: if you had an ostensible claim to a bit of land, and were thus justified in the use of force to defend against trespassers (to enforce your claim or entitlement to the land), and then it was ruled that you did not, in fact, own that land after all, but it was public property instead, then nobody has taken away any of your freedom. You were not previously free to use force to stop people from entering their own land, for example, or any other land that was not yours. That exact same amount of freedom vs prohibition is still in effect; only your claim to the land has changed.

      Again, I shall ask for the link. There are too many posts in this thread for me to read the entire thing.

      You could just hit "parent" a few times. It's the first post you replied to. But here it is anyway.

      And no, you're wrong about the GPL. It imposes no conditions beyond what copyright grants---it can't. You didn't actually say that but you strongly implied it with your reference to BSD. Copyright gives you (i.e. not the rights holder) literally no rights. The GPL gives you some. Most, in fact.

      It imposes conditions on its granting of an exception to the entitlements that copyright grants, and is therefore less free than it could be. It waives some entitlements that copyright grants, but not all of them. Licenses like BSD waive more of them. They don't require that you in turn waive your own entitlements like GPL does, and as I wrote in my first post, a license that did require only that would in fact be freedom-maximizing. But the GPL does more than that. It's not enough that I merely allow anyone to freely redistribute copies of my modification to a GPL'd program; I'm also required to provide the source code for that program. As I said in my first post, if source code was the only thing under discussion then the GPL would be like my freedom-maximizing license, but it's not, because GPL doesn't just say "share alike" with regards to binaries, it says "share alike and also share the source code or else don't share at all". With no copyright, you could share modified binaries without having to share the source used to build them, and would thus be more free than under GPL. It's possible to have a GPL-like license that grants exactly that much freedom, but the GPL chooses not to be such a license.

      BSD is also not such a license, because it doesn't require anyone else to share alike, but it doesn't withhold its offer to share on any conditions either (besides attribution, which GPL does too). BSD gives a (ignoring attribution) unconditional license to share. A freedom-maximizing license would grand a license to share only on the condition of sharing alike. The GPL requires that, and also requires the distribution of source code as a condition for sharing binaries, thus taking a small step back from freedom maximization.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    13. Re:Freedom vs Permissiveness? by KGIII · · Score: 1

      Not one of you understands the word freedom. I will give you a hint... I am free to kill you, I am not at liberty to do so.

      There you go. You *are* free to own slaves. You just do not have the right to do so. Freedom is restricted when one is physically prevented from doing so.

      --
      "So long and thanks for all the fish."
    14. Re:Freedom vs Permissiveness? by Pfhorrest · · Score: 1

      Freedom and liberty are synonyms and both come in many senses; physical, social (e.g. legal), psychological, metaphysical, economic, and so on.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    15. Re:Freedom vs Permissiveness? by james_gnz · · Score: 1

      I can run my modified versions of GPL code on my own servers, and even charge people mountains of money to use it, SaaS style. Under the GPL, I don't need to provide source for anything. This ugly reality is why the FSF created the GNU Affero license.

      Yes, I think SaaS is going to increasingly become an issue. I think the Affero GPL casts the net too wide though (so to speak). It doesn't just cover SaaS, cases where I'm accessing a system that manages my data, it covers any access to a system over a network, even if it's a system that someone else uses just to manage and publish their own data. So GPL code can be used for SaaS without disclosing source, whereas AGPL code can't be used in non-SaaS cases without disclosing source. Neither seems quite right to me.

  25. GPL *perfectly* covers all needs. Flawed?!? by Anonymous Coward · · Score: 0

    What's the monetization strategy for products that aren't targeted at corporations?

    Why would a home user/consumer want there to be a monetization strategy? I get a whole OS that is totally free commodity. It has everything I could ever need, for free. Any extra money spent, would be wasted.

    The only exception I can think of, where spending extra money doesn't necessarily mean I am getting needlessly and pointlessly fucked over in exchange for no extra value at all, would be non-essential stuff like games. And I'm fine with that being non-GPL anyway. So GPL doesn't need to address monetization.

    As a user, GPL can cover everything that is important, guaranteeing that necessary maintenance remain available. And fluff (which can be nice; I'm not putting it down) can be proprietary, since if a game doesn't get maintenance, nobody really gets fucked over all that hard, because hey, it's just a game.

    1. Re:GPL *perfectly* covers all needs. Flawed?!? by tom229 · · Score: 1

      You don't understand the purpose of the GPL. It's not intended to just give you things for free, but rather to give you freedom with your software. You want free stuff, and the GPL is good enough to provide you with that? Ok then. But the core premise of freedom with software should not be limited due to errors in design, and it currently is as you pointed out with games and other software, like hardware drivers.

      --
      If it ain't broke, don't fix it.
    2. Re:GPL *perfectly* covers all needs. Flawed?!? by exomondo · · Score: 1

      Why would a home user/consumer want there to be a monetization strategy? I get a whole OS that is totally free commodity. It has everything I could ever need, for free.

      An OS on its own is useless, the fact that you can leverage the same OS that those corporations spend money developing is advantageous but it's just an operating system.

      And I'm fine with that being non-GPL anyway. So GPL doesn't need to address monetization.

      I'm not saying the GPL has to address monetization, I'm saying that the free software mantra of "software should be free" certainly will not work if you don't have a monetization strategy for the software that isn't funded by corporations as it stands.

    3. Re:GPL *perfectly* covers all needs. Flawed?!? by Bengie · · Score: 1

      The point of GPL is not to keep GPL code GPL, but to make other code GPL as well. Like a virus, once tainted, you cannot go back. It does not give freedom, it takes freedom. It's like arguing the Robinhood was in the right. Not a perfect analogy because GPL doesn't really take anything, it just uses leverage to convince you to give up your freedoms.

    4. Re:GPL *perfectly* covers all needs. Flawed?!? by Anonymous Coward · · Score: 0

      > The point of GPL is not to keep GPL code GPL, but to make other code GPL as well.

      Its goal is to promote use of the GPL, yes.

      > Like a virus, once tainted, you cannot go back.

      Of course you can. Write your own fucking code and license it however you want.

      > It does not give freedom, it takes freedom.

      Oh, shut the fuck up, you whining selfish prick. You want the right to use other people's code, but don't want other people to get the same deal you got. You're nothing but a taker. Give something back or get your own sandbox to play in!

  26. Re:Nails are death knell 2015 by hairyfeet · · Score: 4, Interesting

    And yet Windows 10 on release day will have more users than Linux has gotten in 22 fricking years LOL.

    BTW you are simply trading one master for another, as Google is in the process of pulling a EEE on Android, they have also cut off the funding they were giving to AOSP and if you bother to look online their OEM contracts make MSFT contracts of the 90s look like the GPL. And funny that so many talk about how "open" Google is yet I can take any bog standard Windows laptop right off the shelf at Walmart and be dual booting anything from BSD to Haiku in under 10 minutesyet on the exact same hardware thanks to Google DRM a ChromeOS "laptop" can ONLY boot a handful of Linux distros that have been specially modified to run on ChromeOS hardware (even though its made from standard laptop parts) and even then ONLY if you put in a page and a half of CLI bullshit AND completely wipe ChromeOS, no dual booting allowed...yet MSFT is supposed to be the "DRM happy" company and Google "open"...DaFuq?

    I've said it before and I'll say it again, Google should give the guy that wrote "don't be evil" a fucking BMWer as so many otherwise logical geeks have bought that bullshit hook, line, and sinker, that it makes Apple's hipster marketing look as amateur as New Coke. "Think Different" ain't got shit on them, no siree bob!

    --
    ACs don't waste your time replying, your posts are never seen by me.
  27. Re:The geek on the lecture circuit. by epyT-R · · Score: 1

    The definition of 'open platform' in terms of hardware primarily means the ability to load your own software, not on how many locked down options there are on the market.

    The fact is, the majority of systems on the market now are closed. Examples include game consoles, cell phones, tablets, and embedded machines in consumer products of all types. The only exception is the desktop PC, and even there, many are now shipping with UEFI locked bootloaders, and we have only the 'magnanimous' promise from Microsoft to continue offering their signed stubs for use in loading alternative OSs. Initially, the ability to shut off signed loads was mandated, but MS has now changed that policy. It's really only a matter of time before most PCs are locked down with the OS they shipped with. Today, the open system is the minority, not the majority.

    Popularity is often not a good measure of quality, openness, or freedom. It's just a measure of dominance. Youtube is dominant because it was one of the first, not because it is now the best. Even if it was the best when it launched, continued dominance does not imply that it continues to be the best.

  28. Re:The geek on the lecture circuit. by serviscope_minor · · Score: 1

    computers have never been less locked down.

    That's simply flat-out wrong. The ability to purchase a wide variety of locked down systems does not make those systems less locked down.

    The most common computers for sale now (smartphones and tablets) are far more locked down than their laptop and desktop bretheren. There is no way to install another OS on an iPhone without having to bypass tools designed to prevent you from doing so. Likewise the majority of android phones sold.

    A decade ago, the majority of computers for sale were PCs. They would and mostly still do boot any old crap you stick on them.

    --
    SJW n. One who posts facts.
  29. Re:Nails are death knell 2015 by serviscope_minor · · Score: 4, Funny

    Don't be evil (r)(TM)(c) [1][2][3]

    Terms and conditions apply. May be void worldwide.

    [1] Unless there's money to be made
    [2] or we coudn't be bothered to think of a better way
    [3] or unless it's just too much fun

    --
    SJW n. One who posts facts.
  30. Who cares what you think, Graham? by Anonymous Coward · · Score: 0

    Tactics are what you do to get some end point win. What are your tactics going to accomplish? How will it work?

  31. Re:Being Pro-GPL Is For Cows by jones_supa · · Score: 3, Informative

    Well, we found the cow-man.

  32. Pro-copyright != pro-current-copyright by tepples · · Score: 1

    When you say you're "pro-copyleft" you're implicitly saying you're pro-copyright

    Being "pro-copyright" doesn't necessarily mean supporting the status quo of present copyright law, including inability to follow ownership throughout the entire copyright term and anti-circumvention provisions that make interoperability legally risky.

    1. Re:Pro-copyright != pro-current-copyright by jbolden · · Score: 1

      This is an important point.

      a) Working with the law as it exists today to accomplish what you can.
      b) Working to change the law to something else

      (a) and (b) don't conflict.

  33. Re:Being Pro-GPL Is For Cows by Anonymous Coward · · Score: 0

    It was me, not sexconker. Fail.

    And it's denoted as AC, so therefore if it HAD been sexconker, they would have had to click the AC box. Double fail.

  34. Non-free assets by tepples · · Score: 1

    I have asked about video games a few times, and the most common reply has been to make the engine free and the assets proprietary. Assets include anything that is not legally a "computer program", such as textures, meshes, maps, and audio. Several first-person shooters from Id Software have gone to this model a few years after release.

  35. Summary by jbolden · · Score: 3, Interesting

    The summary is completely confusing and decontextualized.

    A few days ago at OSCON Shane Curcuru of Apache Foundation gave a talk: Why I don’t use the GPL which gave the standard BSD defense: I won’t use the GPL for new software, and you maybe shouldn’t either. “Heretic”, comes the cry from the back of the room! But no – I bleed and believe in open source and the public good as much as you do. The difference is, I want to share my code with everyone not just the believers.

    Christopher Allan Webber is the creator of MediaGoblin. MediaGoblin is a free software media publishing platform that anyone can run. You can think of it as a decentralized alternative to Flickr, YouTube, SoundCloud, etc. http://mediagoblin.org/

    He wrote an article in response to Corcuru's talk where he addressed the big failure of the BSD argument its now over 30 year track record including recently of creating platforms that are unfree using BSD software as a base. He also argued against pitting licenses against one another which is odd since he's defending a license. Webber's position is the standard GPL defense. Here is a longer article not specific to Curcuru. http://dustycloud.org/blog/fie...

    Anyway the standard time tested argument but the summary was terribly unclear about who was talking to whom.

    1. Re:Summary by just_another_sean · · Score: 1

      Hi, I was the original submitter. My summary was terse and simply contained a one line description of what I understood the article to be about and a quote of the last two sentences about pitting licenses against each other and the line that says "My name is Christopher Allan Webber. I fight for the users, and I'm standing up for the GPL.".

      I agree that they took some editorial liberty and made it sound more controversial than I felt it was but I was still happy to see it posted as Christopher seemed to think it wouldn't get noticed and seemed peeved he wasn't able to respond to the talk at OSCON.

      It was also the last talk of the night, and there was really no venue to respond to it ...
      But it needs a response... even if the only venue I have at the moment is my blog. That'll do.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  36. Re:Being Pro-GPL Is For Cows by tepples · · Score: 1, Informative

    No, we found one bull. Just as there are proponents of /etc/hosts as a component of layered security other than APK, I don't think sexconker is the only bull here.

  37. Creative might have been one by tepples · · Score: 1

    Do you know of ANY hardware manufacturer who SELLS their drivers to people???

    I remember reading horror stories somewhere about Creative Labs distributing only patches through the Internet. The full driver was available only on the original disc, and replacements cost money. In addition, third-party drivers for well-known input devices may cost money, such as drivers to use the Wii Remote and Dual Shock 3 controller with an Android device.

    1. Re:Creative might have been one by Anonymous Coward · · Score: 0

      I don't know about you, but I never paid for a single driver from Creative.

      Not supplying one and wanting me to buy their newer shite, yes. Buy the driver? No.

    2. Re:Creative might have been one by Dr_Barnowl · · Score: 1

      I can confirm that's true. Digging out the driver disk when you reinstalled was a total PITA. A lot of the secret sauce on the card was software, without DRM controls their earlier hardware could probably have been pushed to have most of the features of their later models.

      The Linux drivers just work though. I remember booting Linux on that hardware the first time and seeing a colourful SBLive banner in the bootup messages and thinking "Huh. It works!"

  38. Re:Nails are death knell 2015 by jbolden · · Score: 1

    And yet Windows 10 on release day will have more users than Linux has gotten in 22 fricking years LOL.

    Between embedded systems and servers Linux has about 10b systems running using it. Windows 10 total sales are likely to be in the order of a few hundred million over the course of the entire year, much less first day so well under 4% of the user base. First day you are at a fraction of that, so something like .1%. Moreover the user base for Linux during that time will skyrocket probably by a couple more billion which will knock the high point for Windows 10 to around 2% or so. Your statistics are BS.

  39. Selling Free Software by tepples · · Score: 1

    But GPL means,"If you use my stuff, you can't charge for your stuff

    I could explain everything that's false about that statement, but I'll let the FSF explain in the essay titled "Selling Free Software".

  40. GnuTLS by tepples · · Score: 1

    So why hasn't GnuTLS gained more traction? Do developers of applications that use TLS see something wrong with the LGPL?

    1. Re:GnuTLS by Bruce+Perens · · Score: 1

      OpenSSL has first-to-market advantage, and anyone who hasn't evaluated the quality differences will choose the simpler license. Plus there are other alternatives, like Amazon's new SSL-in-5000-lines which is also gift-licensed.

      The time for OpenSSL to dual-license was when it was the only available alternative to entirely proprietary implementations. That might indeed have funded a quality improvement.

      I don't know a thing about the quality of GnuTLS or the Amazon thing. I've seen enough of the insides of OpenSSL to know it's not pretty, but am not a crypto guy and this don't work on it.

  41. Source code via commented disassembly by tepples · · Score: 1

    if copyright law went away entirely [...] GPL licensing would collapse to completely permissive licensing.

    If copyright law went away entirely, it would also become lawful to produce and distribute commented disassemblies of any proprietary program. A "commented disassembly" is created when a person takes executable code, figures out how it works, and transforms it into a preferred form for making modifications. This already happens underground: look for "SMBDis" on RomHacking.net.

    1. Re:Source code via commented disassembly by Pfhorrest · · Score: 1

      I'm not sure I see what your point here is. Is this just an interesting aside, or are you arguing against me, or backing me up...?

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    2. Re:Source code via commented disassembly by tepples · · Score: 1

      My point is that dedicated amateurs can turn binaries into what the GPL calls "source code". You're correct that if there were no copyright, there could be no copyleft as we know it. But the objective of copyleft, namely ensuring users' continued ability to improve free software, would be met through these commented disassemblies.

    3. Re:Source code via commented disassembly by Pfhorrest · · Score: 1

      Ok, I see your point now. But I think maybe you misunderstood what mine was. I wasn't arguing that we need copyright to ensure the goals of the GPL, but that the GPL does not grant as much freedom as a license possibly could. Disassembly could also be used to facilitate the goals of the GPL in combination with the kind of not-quite-GPL license that I described in my first post.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  42. Respects Your Freedom by tepples · · Score: 1

    The FSF and RMS in particular never advocated for freedom for hardware.

    Other than the "Respects Your Freedom" certification program, which lets computer hardware makers designate their products as compatible with free software.

    1. Re:Respects Your Freedom by jbolden · · Score: 1

      That's certifying that the hardware's embedded software is free not that the hardware itself is free.

  43. Distributions by tepples · · Score: 1

    This is why a free operating system for a mobile phone would need to be collected into a "distribution" just as one for a PC. In a world without locked bootloaders and undocumented chipsets, there would be a few distributions of Replicant OS that one could install on any given phone to replace the pack-in operating system.

  44. Re:The geek on the lecture circuit. by jbolden · · Score: 1

    I agree with your point entirely ethically.

    However... I'm just going to nitpick. The hardware definition of open platform is a combination of interoperability, portability, and open software standards that allow you to have supplier choice. It has nothing to do with you personally being one of those vendors. The relative ease of being able to join the Android ecosystem (i.e. it becomes practical at a few hundred thousand units) makes it an open platform regardless of how locked down each of those units is individually. You may not like the definition but that is the definition.

    I'd also like to mention three area you forgot which is incredibly open.

    1) Clouds especially IaaS. Those are running lightweight OSes designed to freely run all sorts of client OSes. That's a huge area of freedom replacing the big box proprietary systems.
    2) Moreover this server based technology scales down nicely to both server and desktop. So that while you may not be able to freely run different base OSes you can freely run different client OSes and those are free distributed on free VM managers.
    3) Finally on phones Android itself is constructed to allow for different environments, Google Play is replaceable or combinable. You can have Android .NET (if Microsoft wanted it which they are playing with) and Xiaomi's business model is based on this.

  45. An observation about using the GPL for Libraries by DickBreath · · Score: 1

    This is NOT a complaint about the GPL, or any other license. An author of a work is free to choose whatever license they want to offer their work under, including a closed source license. Merely an observation.

    IMO . . . when someone offers a Library, that is, a black box of code with well defined API that offers some useful capability, and offers it under the GPL, the author is deliberately trying to RESTRICT what the users of that library can do with their own code. The author is effectively saying that I only want authors of other GPL applications to use my library. If the library author were only trying to protect the freedom of his library and nothing more, then he would have used the LGPL. The LGPL protects the freedom of the library, as well as protects the freedom of the user of a closed source application to be able to re-link the application against a newer version of the library without access to the source code of the application.

    I'm not saying this is right, or wrong, or anything else. It is merely an observation.

    A library author that offers a library under GPL license has an ulterior motive. Usually a commercial motive to ensure they can make money from users of applications that are not under the GPL. This seems to be exactly the opposite of what the GPL was intended to do in spirit. A library offered under the GPL typically offers a "Commercial License" for applications that are not under the GPL.

    --

    I'll see your senator, and I'll raise you two judges.
  46. Troll Alert by foreverdisillusioned · · Score: 2

    This is a copy/paste of this post: http://slashdot.org/comments.p...

    He didn't respond to my response to it, but *someone* did mod my reply to it down. This post really is worthless-- a disingenuous and half-hearted hit piece on the GPL , crammed full of vaguely reasonable-sounding disclaimers "I'm glad for RMS" and praise for GCC so that people will take it more seriously.

    My original reply is given below. I acknowledge there is probably room for valid and reasonable debate on many of these points, but if you begin the debate by posting A/C and then modding down anyone who points out the massive effects the GPL has had... well, that's not a debate. It's a troll.

    ------

    I'm not sure what you expect to prove by listing a bunch of non-sequitur aphorisms. We have the facts in front of us, and it is very easy to imagine how the alternate universe would work by substituting "BSD" in place of "Linux". Does "Red Hat BSD" give away virtually their entire operating system for free, including modification and rebranding? No. No they fucking do not, and you cannot be taken seriously if you try to claim otherwise. I'm not talking about a minor permissive-licensed project (such as the kind that Apple or Google have been known to support) that doesn't affect the bottom line; we are talking about a software company open sourcing the lion's share of the code they write for their main/only product. There isn't a large, for-profit corporation in the world that does that kind of thing without some kind of legal compulsion. (Or perhaps you'd like to point out a sizable BSD-based for-profit distro that doesn't try to close source? They've had decades to come out with one.) So, admitting the absurdity of "Red Hat BSD" is step one.

    Step two is admitting that while there are a number of decent home-grown options today, corporate-originated apps and sometimes core components are still very commonplace in your average distro and 10+ years ago they were even more prominent and important, particularly for business and other semi-technical users. Without corporate contributions, particularly from Linux-centric businesses like RHAT, Linux would be a pale shadow of what it is today, not just because it's hard to find full time volunteers but also because the whole thing needed a sustained kickstart before it reached a level where it was useful and appealing to people who weren't already hardcore Unix enthusiasts.

    And... that's it. Admit those two things, and it's self-evidently true that the GPL was and is critical to Linux's success. This isn't philosophy any more; this is proven history. BSD gave us Apple's unholy reincarnation. GPL gave us Red Hat, Canonical, Novell, IBM, and dozens of other companies paying hundreds of developers to work on Linux full time, and every step along the way made perfect logical sense. There is no mystery as to why it happened this way.

    If you want to argue otherwise, you're going to have to do a lot better than what you wrote there. For starters, you could try referring to reality once in a while.

  47. Re:Being Pro-GPL Is For Cows by Anonymous Coward · · Score: 0

    Hi sexconcker, glad to see you found the Post Anonymously checkbox.

    Lucky you came up with such an intelligent and credible rebuttal so quickly! That was close!

  48. Misleading by foreverdisillusioned · · Score: 1

    To an extent you make a valid point, but it's still extremely misleading to claim that "the GPL doesn't prevent proprietary forks". In a very large number of cases it can--if a company goes bust and another group picks up development, there is no longer any way to make a proprietary fork, because the entity that owned the original codebase are no longer around to consent to a non-GPL re-license. Similarly, any project that has more than one major contributor (even a now-inactive past contributor) is virtually immune to an attempted proprietary fork. This has huge ramifications. This is why so much of Android is/was GPL (though they're trying like mad to replace GPL components with Apache), this is why Linksys was forced to open source on their WRT router firmware, this is why Red Hat is open source, etc.

    Finally, even in the case of a single entity controlling 100% of the code that goes into a project, the GPL does indeed prevent proprietary forks by third parties (such as NeXtSTEP, the proprietary fork of BSD Unix that eventually became Apple's OS X.) I happen to think this is a good thing--some people argue it's bad, and to a point I can respect that point of view. But what you cannot do is try to imply that the GPL simply fails at what it sets out to do and is therefore just a bit of unnecessary complication layered on top of what is ultimately a permissive license. It is not. We have dozens of high profile examples of the GPL's copyleft provisions in practice, and a good number of open source projects (not the least of which is the Linux kernel) are for all intents and purposes permanently GPL, with no possibility of a fork due to the sheer number of contributors involved.

    1. Re:Misleading by foreverdisillusioned · · Score: 1

      We have dozens of high profile examples of the GPL's copyleft provisions in practice, and a good number of open source projects (not the least of which is the Linux kernel) are for all intents and purposes permanently GPL, with no possibility of a fork due to the sheer number of contributors involved.

      And let me just briefly add on to this--my point is the above state of affairs is something we can all discuss and debate like reasonable adults. I think it's a good thing. I can understand and to a degree respect people who argue that it's a bad thing (and I certainly wouldn't disparage them if they ultimately choose a permissive license.) However, I do not and will not respect people who try to pretend that the GPL has had no positive effects whatsoever (or that it is somehow unenforcible) with all of the overwhelming, explicit evidence to the contrary.

  49. Well that was esoteric by pugugly · · Score: 1

    Whatinthehell did I just read?

    I've reread that post three times, and although I think he came down in favor of the GPL, that doesn't actually match what little I could get out of the meandering stream of consciousness of that post.

    Why is that here?

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  50. Best tool for the job by nitehawk214 · · Score: 1

    Just like with languages, use the best license for the job.

    Of course you need to understand your tools and licenses in order to make a wise decision.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  51. Re:Nails are death knell 2015 by hairyfeet · · Score: 0

    Sigh...you forgot routers and watches, why don't you throw those in as well?

    This is why we love to make fun of you FOSSies so damned much, not only can you not follow a conversation (We are talking about the desktop and laptops sparky, NOT your toaster, not your Rpi toy nobody gives a fuck about, and not your shitty email server, mmmkay?) but you keep bringing up form factors nobody outside of a teeny tiny niche gives two wet shits about. Think anybody outside of server admins give a fuck about servers? The Rpi sold to...what? 0.03% of the population? yet what does damned near every single person in the developed world have? A PC...running Windows. Man that HAS to fucking BURN, don't it?

    Of course we know what you are REALLY doing, its no different than when you talk to a Scientologist about Clambake or Xenu and suddenly they try to switch the topic to NarcAnon, its called "moving the goalposts" and is not only so obvious Ray Charles could see through it but it makes you look either moronic (in that you can't follow a simple conversation) or a cultist (in that you know you can't win the argument so you try to switch the topic to an argument you think you can win)...so which are you? Cultist or moron?

    --
    ACs don't waste your time replying, your posts are never seen by me.
  52. Re:Nails are death knell 2015 by jbolden · · Score: 1

    There are orders of magnitude more embedded devices than laptops and desktops. There are also more servers than desktop or laptops. So you can't make an appeal to quantity and then argue for desktops and laptops. Relative to those two categories the ones you are talking about are niche.

    There are also far more Android tablets which appear to be replacing much of the consumer laptop / desktop space. There are more smartphones and even the Apple this year will outsell PCs Android having crossed years ago.

    As for people in the developing world even excluding smartphones and tables given sales data and longer longevity about 20% are running Macs. In terms of profits Macs take about 85-92% for many years. So I'm not sure what the burn is. Windows is the dominant player in a large niche which is rapidly shrinking being successfully attacked from both above and below.

    There were until recently niches were OS/2 thrived. You can always define things narrowly, but using most broad based metrics not constructed specifically to be a niche Windows is not dominant.

  53. Re:Nails are death knell 2015 by david_thornley · · Score: 1

    Android. It's the single most popular mobile OS in the world by a large margin (although not the most profitable), and the most popular OS, and if you add a detachable keyboard an Android tablet is perfectly adequate for the needs of a very large number of people. The desktop and laptop roles are slowly becoming less widespread. They'll continue to be with us, like IBM mainframes are, and they'll never be niche products in the same way mainframes are, but their heyday is past.

    Android is a Linux variant, same kernel but much different stuff on top of it.

    Does it burn you to know that Microsoft is making almost no headway in mobile, which is the coming thing?

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  54. Re:Nails are death knell 2015 by Aighearach · · Score: 1

    You've been here a fair number of years, and yet when it comes to understanding computers, you're still fresh and new.

    Routers and watches are already counted under "embedded systems and servers." Routers, of course, bridging that gap completely.

    Maybe the average user doesn't know to care about servers, but that is not the same thing as saying they're not important. There is lots of equipment in an ambulance that the average person doesn't know to value, even if it already saved their life.

    If you're saying that linux users should care about how non-users feel about how many linux systems of value are in use, I'd have to say that even after all these years you don't understand the basics of why people use linux and where the value they claim to get is coming from. Notice, you don't have to agree to understand these things. You just have to know what you're arguing against. It seems to me like you've been here long to figure out, embedded systems using linux improves the system stability and general quality of linux systems. It is way more valuable than whatever Joe User has on his desktop. If there is some bug that affects that embedded system, an actual engineer from the company that makes it will file a bug report, and likely even submit a patch. I don't want a new paradigm, I don't want popular software, I want systems that work as reliably as an ATM or router.

    As far as Scientology, this is just like it in the sense that you're badmouthing them both for no good reason. Even your proposed dialog that you place in the mouth of a Scientologist is just a fake conversation where you want to raise issues about their Faith in order to attack them, and they want to change the subject to something they think might provide common ground, or otherwise be more productive. A reader need not like or approve of Scientology in order to feel sympathetic to their imagined situation. And indeed, I doubt Ray Charles would have had any trouble rejecting arguments based in hatred and pejorative.

    As for the last bit, you don't appear to be a cultist.

  55. Re:Nails are death knell 2015 by MSG · · Score: 1

    The arstechnica article is bull. AOSP is alive and well, and in no way is Google trying to extinguish it. The complaints in the arstechnica article mostly boil down to the fact that Google provides components that interact with its cloud services which aren't open source because they aren't useful except as an interface to those services. They're useful, but not essential to the operating system.

    http://arstechnica.com/informa...

  56. Re:An observation about using the GPL for Librarie by david_thornley · · Score: 1

    If I write a library and GPL it, I'm depriving you of the freedom to use it in a proprietary application. That's a restriction. If I write a library and BSD it, you can deprive other people of the freedom to use your modifications. That's a restriction. There is no one license that's more free under all circumstances, and an author has to choose which freedoms are more important to him or her.

    Somebody using the GPL for a library may have an ulterior motive, or they may have used a license they're familiar with. The ulterior motive is usually not to dual-license, GPL and proprietary (which Stallman encourages, by the way), but to encourage other people to make their software GPLed. If you look at early Gnu software, if it was better than its proprietary counterparts the FSF wanted it under the GPL, while other software was under more permissive licenses, typically GPL or LGPL plus additional granted freedoms. For example, Bison (a replacement for YACC) includes a fair amount of Bison code in the parsers it generates. There was nothing to be gained in restricting Bison to GPL use only, so the Gnu project put additional permissions so that a user of Bison was allowed to produce a parser, with the originally GPLed code, and not have the output be GPLed.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  57. Re:Nails are death knell 2015 by Anonymous Coward · · Score: 0

    Android. It's the single most popular mobile OS in the world by a large margin (although not the most profitable), and the most popular OS, and if you add a detachable keyboard an Android tablet is perfectly adequate for the needs of a very large number of people.

    The problem with Android is that when it comes to freedom it is even worse than Windows. While you were all shouting about how "Android is free" you were just frogs sitting in slowly boiling water, you haven't even noticed the bait-and-switch Google is pulling on you. No more AOSP funding, all those FOSS applications on Android have been abandoned and Google is preinstalling their proprietary ones instead, new features are not being added to AOSP anymore and instead are added to the proprietary blob called Google Play Services as a way to make applications written for Google's Android incompatible with AOSP. Then of course there is the draconian non-compete clauses in their contract that prevent OEMs from using non-Google Android versions.

    Android was a good idea (well it still is a decent OS in technical terms), the community was given the full source that Google was shipping but they did nothing with it so Google has now abandoned that in favor of its proprietary blobs.

    Android is a Linux variant, same kernel but much different stuff on top of it.

    Right, which is why you dont put Android as a competitor to say Ubuntu. Different tools for different jobs, is it willful ignorance or do you actually not understand that?

    Does it burn you to know that Microsoft is making almost no headway in mobile, which is the coming thing?

    There are millions of laptops, tablets and convertibles running Windows that can still run all your legacy applications just as they always have run. Smartphones are a device you have in addition because nobody wants to run desktop applications on a smartphone.

  58. Re:Nails are death knell 2015 by hairyfeet · · Score: 1

    So cultist, good to know. Would you like to blather on about the Rpi now? or maybe about the "soon to be as open as a TiVo" Android OS?

    Ya know what is sad? Its the fact nobody can even talk about fucking DESKTOPS here without some FOSSies trying to move the goalposts, why do they feel they have to do that? Oh yeah just like Scientology they are a teeny tiny itsy bitsy minority, so small that most OS statistics now list Linux under "other" along with other hobbyist desktops like ReactOS and Haiku. Meanwhile the Hairyfeet Challenge is proudly celebrating 8 years of Linux not being able to pass simple tests like "can it update without shitting on its own drivers" and in its current direction I have ZERO doubt that if you are here in 12 years you can help me celebrate 20 years of Linux failure!

    BTW be sure to get a little party hat and blow a noisemaker in celebration of the Hairyfeet Challenge lasting so long, after all it was guys like you making excuses and moving the goalposts that have let Linux devs get away with such sub par shite for so long so the challenge couldn't have lasted as long as it has without guys like you, thanks.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  59. Re:Nails are death knell 2015 by Anonymous Coward · · Score: 0

    And yet Windows 10 on release day will have more users than Linux has gotten in 22 fricking years LOL.

    Well I figured some screwball would show up to attempt to defend Windows and fail. It was you. I read the other posts below and you seem sufficiently clowned already. There is no need to really rub it in your face any more.

    You played to emotions with "fricking" and "LOL" but you just look like a dickhead. Everything else you said just indicates you were slobbering when you typed it.

    Windows 10? LMFAO

    The other people who ate your lunch made some interesting points that no matter how much you try to ridicule, still make you look even stupider.

    "DaFuq" and "hipster" and "BMWer" and "no sirree bob!" and a page and a half of "CLI bullshit"

    You are a douche.

    Windows is death knell. Even Microsoft's new "Edge" browser is retarded. We already have full functioning web standard compliant browsers. Nobody is lacking a web browser. There are MANY on every platform. Firefox costs nothing and handles everything. It is also open source and cross-platform and has excellent extensions. That's a VERY big deal. We don't need any more propriety Microsoft brainstorms either like Silverlight. Windows media player tried to dominate by proprietary force for years. I can't remember the last time I opened it. Internet Explorer? It is renowned worldwide as the least secure thing in Cyberspace. It is good for one thing... to download Firefox. There are many ways around that too. "Edge" is a nice marketing name some Microsoft dummy decided on to give them the marketing "Edge". nah. Sorry, it's weak.

    Windows?.. gtfo. Game developers can send microsoft.com to archive.org simply by compiling all games to run on Linux.

    Nobody is saying you have to switch from Windows to Linux either. We are saying use both. Anybody can. Microsoft literally tried to make it hard to do by implementing secure boot, but that's been handled. Linux is free. But ohhh what do we know about this? People will flee to quality.

    Linux is far superior RIGHT NOW than every edition of Windows COMBINED. It's also a no brainer to anybody with a Mac. You can theme KDE to look just like your Mac fisher price desktop. Mac OSX gives you a bash shell (CLI) and Linux gives you a bash shell (CLI). And you can switch back and forth to any shell you want as many times as you want.

    Windows is death knell. A registry is a wish list for weddings not some efficient way to store OS parameters. NTFS? lmao. NTFS = GTFO. There are many better filesystems than Windows filesystems. All of them are Linux/BSD come to find out.

    Again, everybody already clowned you. www.microsoft.com runs on Linux. This is not a small clue. This is a ton of bricks on your head.

    How many no-shit-sherlocks can you pretend not to see? It is really time to stop shipping OEM PC's with Windows and give consumers a smarter OS. At the very least, Linux and Windows should ship dual-installed on new PC's. Windows for your old ass legacy software and some games. Linux to actually enjoy your PC and cyberspace.

    The market headlocks like .pdf and .doc and .wmv support that Microsoft used for decades to hold consumers hostage to their piece of shit operating system... ***are gone***. You can use PDF's and DOC's and even WMV's in Linux immediately and for free, including MANY other superior (and free) formats.

    Guess what? Windows is death knell. Now reply and cry I like to see Windows dummies get fussy.

  60. Re:An observation about using the GPL for Librarie by Anonymous Coward · · Score: 0

    > If I write a library and GPL it, I'm depriving you of the freedom to use it in a proprietary application. That's a restriction.

    No. If I write a library, copyright law deprives you of the freedom to use it in a proprietary application. GPL doesn't restrict your right to use my code; it conditionally grants you some rights to use the code - which you otherwise don't have.

  61. Re:Nails are death knell 2015 by bingoUV · · Score: 1

    Ya know what is sad? Its the fact nobody can even talk about fucking DESKTOPS here without some FOSSies trying to move the goalposts

    Actually people can talk about fucking DESKTOPS, if they fucking make it clear they are talking about fucking DESKTOPS. If you see the your post which you thought was talking about fucking DESKTOPS, it didn't fucking mention fucking DESKTOPS. Its parent didn't, nor grandparent. Grandparent's grandparent mentioned

    Linux on all supercomputers, here on slashdot, Google, Amazon, The International Space Station, world governments, Android (eys, it's Linux) on the best phones, etc

    - the only post in the ancestry of your post to define any context at all.

    TFS and TFA also don't limit themselves to desktops. So it was you who fucking moved the fucking goalposts.

    --
    Bingo Dictionary - Pragmatist, n. A myopic idealist.
  62. Re:Being Pro-GPL Is For Cows by ciaran2014 · · Score: 1

    Right.

    So you're wafer thin alibi is that someone else is cow-trolling every article as an AC, and you came to this article and found the cow-troll had forgot to do his work, so you did it for him. But just this one time.

    My suspicion is that you are all sexconcker. Sexconker says cows say moo. (moo moo moo, moo-trolls say moo). You cow-troll!

    --
    Help build the anti-software-patent wiki
  63. Re:Nails are death knell 2015 by Anonymous Coward · · Score: 0

    So cultist, good to know. Would you like to blather on about the Rpi now? or maybe about the "soon to be as open as a TiVo" Android OS?

    Ya know what is sad? Its the fact nobody can even talk about fucking DESKTOPS here without some FOSSies trying to move the goalposts, why do they feel they have to do that? Oh yeah just like Scientology they are a teeny tiny itsy bitsy minority, so small that most OS statistics now list Linux under "other" along with other hobbyist desktops like ReactOS and Haiku. Meanwhile the Hairyfeet Challenge is proudly celebrating 8 years of Linux not being able to pass simple tests like "can it update without shitting on its own drivers" and in its current direction I have ZERO doubt that if you are here in 12 years you can help me celebrate 20 years of Linux failure!

    BTW be sure to get a little party hat and blow a noisemaker in celebration of the Hairyfeet Challenge lasting so long, after all it was guys like you making excuses and moving the goalposts that have let Linux devs get away with such sub par shite for so long so the challenge couldn't have lasted as long as it has without guys like you, thanks.

    Damn. I came back to see if anybody commented. hairyfeet, you are a total fucking dickhead.

    "FOSSies"? Seriously cunt?

    You are on a website running on Linux. Slashdot runs CentOS. If you go to www.microsoft.com you will be accessing a website running on LINUX.

    The only people who don't use Linux are fucking idiots. Android is way way better than Apple's iShit.

    Supercomputers? Go to top500.org and see what they are running on. Billions and billions of dollars of equipment... running on Linux. None on Windows or Mac. International Space Station? Linux. Amazon? etc etc. Fuck you for being this stupid.

    You really think supercomputers have downtime EVER because Linux can't update without "shitting on it's drivers"?

    Were you drunk or high when you wrote that? You look like a moron. Everything you said was this OH NOES I'M A BITCH emotional chaos.

    Fuck you 1000x. You must have been mad at your life then thought you would unleash those emotions in defense of Windows.

    Go to google.com (you know, the #1 search engine which also happens to be running worldwide on Linux) ... and search for windows sucks. "windows sucks" or windows sucks.

    Get it? Windows sucks.

    You are a dumb bitch on your best day. Maybe you make your living on Microsoft shit. Well if so, I want to give a special LMFAO to you and your future starving family. Maybe you can regroup and make some sales at a flea market.

    Windows is death knell.