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Are Large Cloud Providers a Threat To Open Source Vendors? (redmonk.com)

Stephen O'Grady, co-founder of the industry analyst firm RedMonk, asks whether open source vendors are marching towards an inevitable and damaging war with big cloud providers: In the last twelve to eighteen months...a switch has been flipped. Companies have gone from regarding cloud providers like Amazon, Google or Microsoft as not even worth mentioning as competition to dreadful, existential threat. The fear of these cloud providers has become so overpowering, in fact, that commercial open source vendors have chosen -- against counsel, in many cases -- to walk down strategic paths that violate open source cultural norms, trigger massive and sustained negative PR and jeopardize relationships with developers, partners and customers. Specifically, commercial open source providers have increasingly turned to models that blur the lines between open source and proprietary software in an attempt to access the strengths of both, with the higher probability outcome of ending up with their weaknesses instead.

That commercial open source providers took these actions having been advised of these and other risks in advance says everything about how these businesses view their prospects in a world increasingly dominated by massive providers of cloud infrastructure and an expanding array of services that sit on top of that. The strategic decisions inarguably have major, unavoidable negative consequences, but commercial open source providers -- or their investors, at least -- believe that a lack of action would be even more damaging.

67 comments

  1. did anyone else see large cloud by Anonymous Coward · · Score: 0

    and think of creimer farting

    1. Re: did anyone else see large cloud by Anonymous Coward · · Score: 0

      No. I merely thought about the plume of idiocy hovering over Westminster.

  2. I HOST cocks and balls in my mouth... apk by Anonymous Coward · · Score: 0

    Down at the truck top, i HOST them cheap, come visit!

    apk

  3. Step Right Up and Hear All About It by Anonymous Coward · · Score: 0

    FIRST POST for you ladies

    keepin' it real

  4. Support by bill_mcgonigle · · Score: 2

    People who are concerned with the lowest up-front cost only will experience Google levels of support. Their management never looked into TCO at their low-cost business school.

    These people make frustrating customers and will eventually be overtaken by competitors who understand RoI. Don't get mixed up wit the former type - there are plenty of latter-type fish in the sea and they'll be around as customers for longer.

    A competent consultant knows about better alternatives to the biggest-name options. #include car-analogy

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  5. GPLv3 by 110010001000 · · Score: 0

    This could have been avoided if projects chose GPLv3. It was introduced 12 years ago to solve THIS VERY PROBLEM. But it wasn't adopted widely and now the projects are suffering from the result. Amazon, Google, Microsoft, et al are just out to make money. That is their only interest.

    1. Re:GPLv3 by Anonymous Coward · · Score: 0

      Can you explain that in more detail? How would GPLv3 have helped specifically over GPLv2?

      Thank!

    2. Re: GPLv3 by Anonymous Coward · · Score: 0

      Ask the Debian CEO. Oh wait...

    3. Re:GPLv3 by exomondo · · Score: 1

      This could have been avoided if projects chose GPLv3. It was introduced 12 years ago to solve THIS VERY PROBLEM.

      But for projects like Linux this isn't a problem, the usage is exactly by design. What you call a "problem" simply depends on your point of view and the reason the GPLv3 is not widely adopted is because most project maintainers don't see this as a problem at all.

    4. Re:GPLv3 by Anonymous Coward · · Score: 0

      The bigger issue is that there is no truly FOSS (from Stallman's perspective) operating system, after all these years. GNU hitched their wagon to Linux which will never go beyond GPLv2, they didn't have any clause that prevented the GNU Compiler Collection from being used to produce non-free software and there are now more alternatives to Glibc. Not finishing HURD and not aligning the compiler with the FOSS ideology means that the software landscape overall is moving further and further from restrictive FOSS.

      LLVM is gaining in popularity vs the GCC, the most used Linux-based OS doesn't use Glibc (Bionic instead) and cloud services are taking on the role of traditional software. You can't just tell people to use your thing because that's your ideology, most people don't care about software ideologies, you need to appeal to them in a way they understand: make good software, compete by building something that is more capable, more efficient and more user-friendly than anything else. That's been the failure of Free Software, everything is a clunky also-ran response to a proprietary product, Linux is probably the exception to that but even Linux isn't original is and is an attempt to copy UNIX.

    5. Re:GPLv3 by Anonymous Coward · · Score: 0

      If the earlier GPLs weren't pushed by insane neck bearded zealots with a "you can only use GPL and not mix with any other type of license" madness we never would have had THIS VERY PROBLEM to begin with.

    6. Re: GPLv3 by Anonymous Coward · · Score: 0

      Ask the Debian CEO. Oh wait...

      It's easy enough to understand. The people who would make great leaders are smart enough not to want to preside over a project so stupid they went with systemd instead of a sensible alternative like openrc.

  6. Donald TRUMP by Anonymous Coward · · Score: 0, Informative

    Is a Muslim from Kenya.

    1. Re: Donald TRUMP by Anonymous Coward · · Score: 0

      Who are you?? Cardi B??

  7. Access Culture is dangerous by Qbertino · · Score: 2

    Access culture is dangerous. But it is an nigh inevitabel consequence of a highly optimised society. That in itself is dangerous, because it introduces single points of failure. Imagine everyone using Google for everything in everyday computer work. That's not entirely unlikely. Then imagine Chrome OS and Android getting a coordinated hack and Googles entire cloud going down. Not pretty.

    If you let the big-wigs control everything all the time, this is what happens. We are the last line of defense, because none of us uses any proprietary OS entirely on its own.

    Curiously enough, ACS isn't all that great, there are way better and cheaper solutions out there.
    It's mostly about brand presence and size.

    And Elastic Search is a neat concept but implemented in Java. I'm pretty sure a good team would need only a few weeks to redo ES in some binary PL and some project that does all ES does but better, faster, cheaper and with less setup hassle.

    My 2 cents.

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:Access Culture is dangerous by Immerman · · Score: 1

      I don't think that's a problem with access culture itself. Access culture can be implemented almost as robustly distributed as in ownership culture, and even more so in some respects (e.g. having your car break down is far less of a personal problem if you borrowed it from the neighborhood motorpool)

      The real problem is monoculture - when one problem can cripple all access sources to an important resource, you have a much bigger problem. Far more so if the monoculture is centralized so that problems can propagate faster than you can hope to quarantine them.

      And most of all when the access sources are online - because unlike physical infrastructure, online infrastructure is always exposed to attack from anyone, anywhere, at very little expense or risk of being caught. And there's just no realistic way to completely defend against that.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    2. Re:Access Culture is dangerous by phantomfive · · Score: 1

      And Elastic Search is a neat concept but implemented in Java. I'm pretty sure a good team would need only a few weeks to redo ES in some binary PL and some project that does all ES does but better, faster, cheaper and with less setup hassle.

      The cool thing about Elastic is all the tooling around it, like Kibana. It's nice for things like logging, and I recommend it over Splunk.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:Access Culture is dangerous by ilsaloving · · Score: 1

      I've never heard this term before, and a quick search finds a whole bunch of stuff that I'm pretty sure arn't related to what you're talking about.

      I think I get what you're saying based on the context, but I want to ask anyway just to be sure. What is Access Culture?

    4. Re: Access Culture is dangerous by Anonymous Coward · · Score: 0

      SaaS.

  8. Open Source has been used to oppress by Anonymous Coward · · Score: 0

    Billions of people are being oppressed by governments world wide who benefit from open source software. fuck it.

  9. Large cloud providers by Rosco+P.+Coltrane · · Score: 2

    are a threat to everybody and everything: smaller companies, but also data security, personal privacy and liberty.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  10. "I gave away my code and people use it"?!?! by Anonymous Coward · · Score: 0

    "I gave away my code, and now people are using it and not paying me!"

    What the hell did you expect?

    1. Re:"I gave away my code and people use it"?!?! by Immerman · · Score: 1

      More like "I built my business on a castle of other people's code, and now somebody else is doing the same thing to me!"

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
  11. Socialism by Anonymous Coward · · Score: 0

    LOL at your retard GPL. Socialism sounds great on paper, everything for free for everyone! No one has to work just all live on govement welfare! Then you look at contries like venezela and cuba and realize that ANY socialism is bad socialism. Open sorce dumped GPL for reason and that is there MIT and BSD is MORE FREE (as in FREEDOM) than GPL which is socialism and bad.

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

      There is a key Difference between dictatorships and socialism.

      These large corporations understand they can take open source software, customize it while maybe violating a license but their cusomer gains will trump any legal fees and settlements. It even happens with smaller corporations taking open source added their twist and selling it as their own custom product. Sometimes it is innocent with the smaller companies, but not so for Amazon and Microsoft.

    2. Re: Socialism by cyber-vandal · · Score: 0

      You're right mate. Nobody works in Venezuela. The oil just pumps itself out of the ground.

    3. Re: Socialism by Anonymous Coward · · Score: 0

      LOL @ russian troll!

    4. Re: Socialism by DaveV1.0 · · Score: 1

      How much are the oil workers paid and in what currency?

      How much do the government officials pocket and in what currency?

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    5. Re: Socialism by cyber-vandal · · Score: 0

      Nobody works in Venezuela mate. The expert above said so.

  12. Playing a game of commodify the complement by Wrath0fb0b · · Score: 1

    The complement of cloud services is software to run on it, and vice versa. Both sides would benefit by ensuring the other turns into a commodity.

  13. The GNU Affero General Public License by Anonymous Coward · · Score: 0

    should fix all of this. None of the large "tech" companies would exist without the GPL, except Apple. Apple has avoided GPL/AGPL code like the plague. They stick with BSD/MIT-type licenses. Roku uses BSD code too. Some FOSS funding https://itsfoss.com/open-sourc...

    The AGPL requires that code changes be provided back to the community, even if they aren't redistributing the code (cough google/facedbook/tweeter).

    TiVo was really lucky their solution was tightly coupled to hardware. I have 2 TiVo devices which are effectively paperweights due to the FCC allowing CATV to change from analog "Cable Ready." They cost me about $1200. Thanks FCC.
    Facebook, Twitter, Google are all built on GPL code. I'm certain they've giving about 0.000001% of that code back. A few years ago, google was earning $400/yr for every gmail account. Would you pay $400 to google for what they do? I wouldn't.

    Apple runs the CUPS project. I don't remember the license on it. I don't mind that OSX and iOS are built on BSD. The license allows it and the people working on BSD-licensed code understand.

    OTOH, imagine how much better F/LOSS would be if commercial users had to fund back to the project based on the income derived from that code. $50 helps. $500 keeps the maintainers excited and going to local conferences. $5,000 would make a huge difference. $100,000 even more. As income increased, the F/LOSS projects would get more funding too. Cap the highest payment to be $200K
    Little guys pay just a little.

    And while not necessary, wouldn't it be nice if roku and apple paid the BSD project (and contributing projects), "something"?

    We really need a way for average people to pay $10/yr that gets shared across all the F/LOSS projects being used in an effective way. Using popularity contest might be a start. I'm just afraid that the bigger GUI projects would get a disproportionate amount of funding since end-users know about them. The libc guys deserve lots of love too. Less ad hoc funding would be nice. Imagine if 50% of Linux users funded just $12/yr each. 4 cups of cheap coffee a year. https://itsfoss.com/open-sourc... has some options where we can each help.

    1. Re:The GNU Affero General Public License by tepples · · Score: 1

      imagine how much better F/LOSS would be if commercial users had to fund back to the project based on the income derived from that code. $50 helps.

      Consider how many free programs an individual independent contractor uses. Now imagine what fraction of one's income a 50 USD per year royalty for the use of free software would represent, particularly in a country whose currency won't buy a lot of US Dollars.

    2. Re:The GNU Affero General Public License by exomondo · · Score: 1

      The AGPL requires that code changes be provided back to the community, even if they aren't redistributing the code (cough google/facedbook/tweeter).

      How do you enforce that in any way differently to the kind of draconian enforcement of proprietary software licenses?

      OTOH, imagine how much better F/LOSS would be if commercial users had to fund back to the project based on the income derived from that code. $50 helps. $500 keeps the maintainers excited and going to local conferences. $5,000 would make a huge difference. $100,000 even more. As income increased, the F/LOSS projects would get more funding too. Cap the highest payment to be $200K

      So you're suggesting license fees such that not only do you have to contribute back your changes but you also have to pay? Presumably some of that money then goes back to you as a contributor of that project then as well? I don't see such a system working particularly good for projects like Android that don't actually make any money and are just a platform on which to build products that do make money.

  14. AGPLv3 by tepples · · Score: 4, Interesting

    Unlike GPLv2, GPLv3 is explicitly compatible with AGPLv3. This means that a program is allowed to include both GPLv3 and AGPLv3 components, and if so, it must offer complete corresponding source code to users who interact with the program over a computer network even if the program itself is not distributed to the public. Oracle has changed the license of new versions of Oracle Berkeley DB to AGPLv3 in order to forbid its use in any program with a proprietary component. This allows Oracle to charge for exceptions.

  15. Unfortunately Stallman poisoned GPLv3. Can't use 3 by raymorris · · Score: 3, Interesting

    GPLv3 does include a clause which appears to be an attempt to improve this situation.

    Unfortunately, Richard Stallman also included a poison pill in GPLv3 which makes it risky for any organization to use GPLv3 if any part of their organization has a patent on anything. He wanted to use GPLv3 to kill patents, by making it so that anyone who has any patent can't safely use GPLv3 code. The result is that patents killed GPLv3 use.

    Some will say "no, it's intended to mean you can't patent something in the code; you can have other patents". But that's not what it says. During the draft process we asked that it be clarified if that was indeed the intent. Stallman refused to change the wording to limit it's applicability to only contributions made by the person or company who has the patent.

    Because Stallman refused to adjust the wording before releasing the version of GPLv3, this is the current situation:

    I worked for a major university. Some departments in that university do a lot of research and development. The R&D is funded in part by patenting the useful results and licensing the patents to companies which make use of the R&D. If any other part of the university were to distribute GPLv3 code anywhere, at any campus, it would put all of the universities patents at risk. Someone, perhaps a competitor or perhaps someone who doesn't know anything about the patent, could invalidate the patent by contributing a module which makes use of it.

    That doesn't happen with GPLv2, so any organization which has any patent on anything is safer using GPLv2 code. GPLv2 doesn't have a patent poison clause.

    If GPLv4 changes the clause to say it only applies to code authored / contributed by the organization that has the patent, that would mostly fix the problem. That's what proponents of v3 *say* that that *intend*, but they haven't allowed the license to say that.

  16. Industry FUD analyst firm RedMonk by najajomo · · Score: 1

    All you need to know is, RedMonk receives funds from Black Duck which is funded by Microsoft to engage in open source 'research'.

  17. Re:Unfortunately Stallman poisoned GPLv3. Can't us by Anonymous Coward · · Score: 1

    If it were changed to what you say, the clause would be completely worthless. There would be no guarantee of patent protection at all, because you just need somebody else to contribute the code that violates your patent. As it stands right now the wording is exactly what it needs to be: if I download program y, and company x has contributed to program y, and company x has a patent that affects program y, company x cannot sue me for using y. I shouldn't have to verify that the patent-infringing code was actually ***contributed*** by company x.

  18. Re:Unfortunately Stallman poisoned GPLv3. Can't us by raymorris · · Score: 2

    > you just need somebody else to contribute the code that violates your patent.

    That's precisely the problem.

    > I shouldn't have to verify that the patent-infringing code was actually ***contributed*** by company x.

    Everyone is entitled to their opinion, I suppose. Some people claim, falsely, "it only applies to code the patent-holder contributes". At least you recognize that's false and you don't make that claim.

    The conditions you list for invalidating a patent under GPLv3 are *almost* correct. In fact the patent-holder doesn't have to contribute at all in order to lose their patent bases on some third-party (competitor?) contributing infringing code. They need only either USE the v3 software in a customer-facing system, or provide a mirror. For example many universities provide mirrors of Linux distributions. By doing so, the terms of v3 say they lose all patent rights to anything they have patented, the moment somebody contributes infringing code to any distro that they mirror.

    The problem is that's millions and millions of lines of code that nobody at the university has ever seen. They are just providing a CentOS mirror, not auditing CentOS for patent issues. By providing a mirror, they relinquish all patents to anything at all that anyone can sneak into the code.

  19. Still IMPERSONATING me JEALOUS "Lil' Jowie"? by Anonymous Coward · · Score: 0

    u ADMIT u have a /. acct & STALK me by UNIDENTIFIABLE ac https://hardware.slashdot.org/... - YOU got ISSUES.

    That's "best ya got"?

    u WISH u were ME (as ur POOR imitation = the sincerest form of flattery).

    WASTING ur life STALKING me by UNIDENTIFIABLE anon OR IMPERSONATING me?

    Make a Wheel https://isc.sans.edu/forums/di... as I did giving users more speed/security/reliability & anonymity NATIVELY doing more for less vs. ANY single 'solution' via the best hosts file multiplatform:

    APK Hosts File Engine 2.0++ 64-bit for Linux h t t p : / / a p k . i t - m a t e . c o . u k / A P K H o s t s F i l e E n g i n e F o r L i n u x . z i p

    APK Hosts File Engine 10++ SR-1 32/64-bit for Windows https://hosts-file.net/?s=Down...

    APK

    P.S.=> I BLOW U AWAY https://tech.slashdot.org/comm... + https://it.slashdot.org/commen... + https://yro.slashdot.org/comme...

    1. Re:Still IMPERSONATING me JEALOUS "Lil' Jowie"? by Anonymous Coward · · Score: 0

      Shut up homo

    2. Re:Still IMPERSONATING me JEALOUS "Lil' Jowie"? by Anonymous Coward · · Score: 0

      APK I hear ya talking but it's hard to understand you with all those dicks in your mouth.

      You're nothing but a trolling spamming obsessive faggot too chickenshit to register an account because you don't want to play by the rules (like posting limits). Besides I think you like crying about impersonators, it feeds your ego and self importance.

      You should get mental help. Now.

    3. Re:Still IMPERSONATING me JEALOUS "Lil' Jowie"? by Anonymous Coward · · Score: 0

      You stalk APK by UNIDENTIFIABLE anonymous now telling him HE should use a registered loser account but you don't? Hypocrite. Idiot.

    4. Re:Still IMPERSONATING me JEALOUS "Lil' Jowie"? by Anonymous Coward · · Score: 0

      Shut up homo APK

    5. Re:Still IMPERSONATING me JEALOUS "Lil' Jowie"? by Anonymous Coward · · Score: 0

      You stalk APK by UNIDENTIFIABLE anonymous now telling him HE should use a registered loser account but you don't? Hypocrite. Idiot.

      You have a strange definition of "hypocrite". And also of "stalk". A single reply to a message made in a public forum is "stalking" now? Do you need to retreat to your safe space? Back to "hypocrisy" ...

      You see, if (and only if) I kept complaiing about imposters, then I would take the simple step of registering an account. Since I am not making that complaint, I feel no need to do so. This is not hypocrisy.

      Likewise, a person who drinks alcohol is not a hypocrite UNLESS that same person is also telling others not to drink alcohol. Do you see how you have failed to grasp a very simple concept? Try thinking logically instead of emotionally next time.

      APK does damage his own credibility by constantly complaining about something when there is a very simple and highly effective way he can put a stop to it. He won't admit it but it's pretty obvious: he doesn't want things like karma and posting limits to apply. It would interfere with his spammy unwanted repeated posts. What a great guy, going so far out of his way to spread a message where it is generally not appreciated and not wanted. I'm sure he's completely fulfilled as a human being emotionally.

  20. Tragedy of the commons -- stop giving away stuff by Anonymous Coward · · Score: 0

    In the early 1980s, most computer software was free or traded. Bill Gates made a commercial enterprise and started charging for it, becoming the richest man alive for a while.

    Imagine if people stopped wasting their time and started charging for things. Linus would have more wealth than most nations, for example.

    Maybe people should stop giving away stuff. Since people love buying on subscription, maybe the Mozilla Foundation should charge $5/computer/copy a month? Maybe IBM should do the route they do with other operating systems and charge by the CPU with RedHat, and charge for features like VDO or Stratis. If the machine doesn't activate, the filesystem access is blocked until it does, just like when Veritas Volume Manager wasn't licensed.

    What we are seeing with cloud providers is the tragedy of the commons. People are wising up that their code they spent time on gets taken from them and someone else earns that Mercedes on top of their work.

    Stop making code, start making activations, subscriptions and DRM, and earn your keep. Sounds harsh, but you can't pay the rent on a GPL license.

  21. Re: Tragedy of the commons -- stop giving away stu by Anonymous Coward · · Score: 0

    Have to say that I agree with this, especially with how often I've seen hindu dindus rip off open source code. This is exactly why I won't put up a GitHub like interviewers keep blathering on about. They'll just steal it and hire a hindu dindu anyway so fuck off.

  22. Indeed by Anonymous Coward · · Score: 0

    How could Britian consider herself sovereign ?

    We all know you have to bow down to international banksters and their agents like Juncker, Soros and Merkel.

    Resistance is futile, etc etc.

  23. FREEDOM SERVERS by Anonymous Coward · · Score: 0

    RPI running Debian or OpenBSD
    own web server for publishing
    own chat server (XMPP or the like)
    own discussion board for friends and family
    own file server.
    DynDNS to find server behind DSL modem.

    No need for SorosNET (FB, Google and the other communist borgs). No need to sign their communist manifestos ("code of conduct"). No censorship, except if you post clearly illegal stuff.

    Remember, the internet existed well before SOROS discovered and dollarized it.

  24. "Cloud" by Anonymous Coward · · Score: 0

    Is just the latest attempt to control the user by storing his data in a centralized system. Like a "mainframe".

    Only that IBM never tried to turn the world into a communist shithole, unlike Google and FB.

    Free people know how to write HTML and run their own server. No need for the latest Goo-inspired HTMLness, though.

  25. Sure Dollarsoft by Anonymous Coward · · Score: 0

    They should be oppressed using Microsoft Keylogger Edition ("Windows 10"). This way, NSA could be the master opressor.

  26. Can't Dispute The Message by Anonymous Coward · · Score: 0

    ...attack the messenger.

    "All you need to know is" that you need better ideas. The ones you came to this forum with suck. Grow up.

    1. Re:Can't Dispute The Message by Anonymous Coward · · Score: 0

      ...attack the messenger.

      "All you need to know is" that you need better ideas. The ones you came to this forum with suck. Grow up.

      It takes a terribly insecure person to view a statement of fact as an "attack".

      Besides, future messengers can entirely avoid these kinds of terrible "attacks" by disclosing their affiliations up-front. You know, like what was once considered basic journalistic integrity (and what was once called common decency). Not only would this have the aforementioned effect of deterring "attacks" like that one, it would tend to earn the trust of the audience because people generally appreciate up-front honesty.

  27. Re:Unfortunately Stallman poisoned GPLv3. Can't us by james_gnz · · Score: 1

    The problem is that's millions and millions of lines of code that nobody at the university has ever seen. They are just providing a CentOS mirror, not auditing CentOS for patent issues. By providing a mirror, they relinquish all patents to anything at all that anyone can sneak into the code.

    I think you're right that it's unrealistic to expect those who hold patents to check the code they distribute for their own patents, but be that as it may, I don't think it's as unrealistic as expecting those who distribute code to check it for everyone else's patents, which is the alternative.

  28. ROI by dna_(c)(tm)(r) · · Score: 1

    As someone in the financial world told me once "profit is a matter of opinion" ROI requires you to attribute investment to an incresased profit. Since every - insert favorite currency here - spent shows up in the books as an investment, you know "CAPEX!!", it is seen as added value. Regardless of any effects it actually has on the business. Correlation not being causation and such, these kind of exercises are the prime reason why vendors can sell million dollar solutions with licensing that is often more expensive than the actual implementation and operational cost of in house solutions. I'm not underestimating the capacity of development teams to deliver a bad solution either. In the end, it all comes down to making intelligent decisions and Free and OSS must at least be systematically considered as an alternative.

  29. Too late on that by raymorris · · Score: 1

    You're STILL responsible if you're selling something that violates a patent. It's not an alternative and GPLv3 in no way relieves you of that.

    1. Re:Too late on that by james_gnz · · Score: 1

      You're STILL responsible if you're selling something that violates a patent. It's not an alternative and GPLv3 in no way relieves you of that.

      AFAIK, you're legally responsible if you're distributing something covered by a patent, whether or not you're receiving payment. If you were taking this responsibility seriously, and ensuring that what you distribute isn't covered by anyone else's patents, then checking it for your own patents at the same time wouldn't be much extra work, relatively speaking.

  30. Re: Tragedy of the commons -- stop giving away stu by Anonymous Coward · · Score: 0

    Have to say that I agree with this, especially with how often I've seen hindu dindus rip off open source code. This is exactly why I won't put up a GitHub like interviewers keep blathering on about. They'll just steal it and hire a hindu dindu anyway so fuck off.

    Uh no, the "dindus" are blacks. Why? Because every time there is (yet more) black-on-black violence the perpetrator always says the same thing: "I dindu nuffin!"

  31. Didn't Refute by Anonymous Coward · · Score: 0

    Didn't. Refute. Anything.

    1. Re:Didn't Refute by Anonymous Coward · · Score: 0

      Didn't. Refute. Anything.

      Believe it or not, not all discussion is a scientific paper. There's actually more to life. There is such a thing as casual discussion in which "human" or social decisions are made (is that the part that's hard for you?). Decisions about things like whether any financial ties were disclosed up-front and whether or not this causes suspicion, for example.

      There was no intent to refute, only to explain why it was significant to other people. Did you know that other people can value things even if you personally don't? Is that news for you?

  32. Distribution is copyright by raymorris · · Score: 1

    Patent law in the US doesn't use the term "distribution". Copyright considers if it's commercial or non-commercial distribution as one element, but this is about patents.

    Many sites publish all the recent patents, which describe the invention, so clearly it's legal to distribute a description of the invention. In fact that's one of the purposes of patents.

    US patent law allows the patent holder to control, for a limited time, who "makes, uses, offers to sell, or sells" the invention. I would argue that mirroring CentOS is not "making, using, or selling" it. Therefore you would not violate a patent by distributing code which describes its implementation. No need to look for patents before distributing, only making, using, or selling.

    See 35 U.S. Code S 271

    1. Re:Distribution is copyright by james_gnz · · Score: 1

      I would argue that mirroring CentOS is not "making, using, or selling" it. Therefore you would not violate a patent by distributing code which describes its implementation. No need to look for patents before distributing, only making, using, or selling.

      I'm sceptical about that. FWIW, I did a quick search and found this: Debian Community Distribution Patent Policy FAQ

      Can injunctions be issued against FOSS distributions?
      Yes. If a FOSS distribution was found to infringe someone's valid patent, a permanent injunction against continued distribution of the infringing program or feature might well occur.

      ("Distribution" is confusingly used in two senses here, but I think the latter one is relevant.)

      I have heard that distributing source code is safer than distributing object code. Is that true?
      Yes. Distributing source code is probably safer than distributing binaries, for a few reasons. First, source code, like the patent disclosures themselves, teaches how the invention works, rather than being the invention. ...

      So maybe you'd be alright if you were only going to distribute source.

  33. Let's read more of that document by raymorris · · Score: 1

    The document you linked to has more to say.
    It states that direct infringement is making, using, selling, or offering for sale. None of which would apply to a mirror. It then explains what COULD potentially apply to distribution:
    --
    Liability requires proving that the party charged intended to cause a third party to infringe. Additionally, the inducer must either know the patent exists, or strongly suspect its existence and make efforts not to know. ...
    Moreover, if the software has substantial non-infringing uses, it is not contributory infringement to provide it, even if it is subsequently used in an infringing combination
    --

    So yeah if you KNOW that it infringes a patent, AND you know it can't be used in a way that doesn't infringe, best not to distribute that package.

    An injunction, by the way, is an order to stop doing something. In this case, to stop mirroring the software. It's not a penalty and doesn't assume liability for past acts.

    1. Re:Let's read more of that document by james_gnz · · Score: 1

      It states that direct infringement is making, using, selling, or offering for sale. None of which would apply to a mirror.

      By your legal analysis, which I remain sceptical of.

      Liability requires proving that the party charged intended to cause a third party to infringe.

      This is in the section "What is inducing infringement?", and applies only to the charge of inducing infringement.

      An injunction, by the way, is an order to stop doing something. In this case, to stop mirroring the software. It's not a penalty and doesn't assume liability for past acts.

      AFAIK that's true of a preliminary injunction, but the section I quoted was talking about a permanent injunction.

  34. That's a copy paste from the law, not my opinion by raymorris · · Score: 1

    >> It states that direct infringement is making, using, selling, or offering for sale. None of which would apply to a mirror.

    > By your legal analysis, which I remain sceptical of.

    I'm not sure if you're talking about the first sentence or the second sentence. "making, using, selling, or offering for sale" is the exact wording of the Act, also reproduced in the link you mentioned. There is no analysis there - those are the words of the law.

    If you're referring to the second sentence, which do you think apply? Do you think a free mirror of CentOS Is selling CentOS? Offering it for sale? Do you have a dictionary handy?

    >> An injunction, by the way, is an order to stop doing something. In this case, to stop mirroring the software. I

    > AFAIK that's true of a preliminary injunction, but the section I quoted was talking about a permanent injunction.

    What so you think a permanent injection is? Again, do you have a dictionary handy?

  35. Lol, injection. Speaking of dictionary by raymorris · · Score: 1

    I see autocorrect spat out "injection" rather than "injunction".

    It STILL doesn't want me to type injunction. Maybe my phone needs
    https://thelawdictionary.org/i...

  36. Re:That's a copy paste from the law, not my opinio by james_gnz · · Score: 1

    If you're referring to the second sentence, which do you think apply?

    I suspect "making" would apply, as in making copies of CentOS.

    What so you think a permanent injunction is?

    AFAIK a temporary injunction can be ordered against an activity the courts suspect to be infringing, but they may later determine that it actually isn't, whereas a permanent injunction is only ordered against an activity which the courts have determined to be infringing.