R: Re: Re: Re: Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-10-15 Thread farmat...@tiscali.it

You can turn it how you want yet every entity that distributes
busybox, as it is about busybox GPL license enforcement we are 
talking
all the time, must distribute also the source code unmodified or 
not,
there is nothing you can do about it as it is impossible to change 
the license.
If the end user could sue a company to get the sorce code of busybox
under the GPL is to be seen in court (maybe it already was with 
success...)
and is mostly a matter of time and money one is willing to spend.
Nonetheless busybox is and will remain under the GPL and therefore
you have to show the code, as an alternative i can reccomend you
google's toolbox.
That's it.

Messaggio originale
Da: felipe.contre...@gmail.com
Data: 15/10/2012 11.48
A: farmat...@tiscali.itfarmat...@tiscali.it
Cc: busybox@busybox.net
Ogg: Re: Re: Re: Re: coordinated compliance efforts addresses the 
issues of this thread (was Re: Amusing article about busybox)

On Mon, Oct 15, 2012 at 10:03 AM, farmat...@tiscali.it
farmat...@tiscali.it wrote:
 To stay practical would you please show me how do you relicense
 busybox
 to some different license?
 Even if you can relicense the code in case you are the only 
developer
 or in case
 you can make all developers and conributors agree to the change 
for
 the binaries
 distributed before the relicensing occurred source code must be 
made
 available.
 For this very same reason you can fork busybox but cannot change 
the
 license
 at your will as:

We are not talking about busybox. On *my* software, *I* have the
rights, not the users. I grant privileges to the users.

The exact same thing happens with busybox. The fact it's not easy 
for
busybox developers to change the license of the whole thing doesn't
change the facts; busybox developers have the rights, they grant
privileges to the users.

-- 
Felipe Contreras





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Re: Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-10-14 Thread Felipe Contreras
On Fri, Oct 12, 2012 at 7:35 PM, farmat...@tiscali.it
farmat...@tiscali.it wrote:

 By reading carefully what is stated above I nowhere see the word
 developer
 nor anything about how many lines of code were written.
 The rights stated above refer to the end user who get a copy of the
 binary
 program in his device without any of point a,b or c being satisfied.
 The end user is the one who is deprived of his rights and therefore
 is entitled to do enforcement if he wants to.
 Only one end user who never wrote a line of code is enough to start
 enforcement.
 Obviously this happens seldom as end user are usually not interested
 and not informed about their rights, but some are.

You are wrong.

That might be the _intention_ of the FSF, but that doesn't change the
laws that are in place, and with good reason.

If a user of my GPLv2 software demands enforcement towards a company
that is not distributing the source code back, eventually the company
might seek a settlement with *me*, the owner of the code--the
copyright owner. I can say it's totally fine, and provide them with
the software in a proprietary licence. I, the copyright owner, can
change the license at will, and there's nothing the FSF, or
Conservancy, can do about it.

It is me, the developer, the one that gives the end user the
privilege--not the right--of having the source code. The license is
picked by the developer, it protects the developer, and it's
enforcement is ultimately the decision of the developer.

-- 
Felipe Contreras
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Re: Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-10-14 Thread Felipe Contreras
On Thu, Oct 11, 2012 at 11:58 PM, farmat...@tiscali.it
farmat...@tiscali.it wrote:

 I care that busybox is used by people willing to follow the GPL
 license

No, you clearly don't. You care only by people that are in clear
situations, not the ones in the situation that I've described multiple
times now, that even though *they are complying*, they are forced to
avoid your software.

But I'm not going to waste any more breath trying to make you
understand the situation.

 You fool yourself by thinking you have this rights when in fact they
 are eroded

Riiight. I might have the right to own a gun, but I've never owned
one, is my right eroding right now? No. Even if nobody in the country
owns a gun, as long as it's in the law, the right is protected. It's
only when the government threatens to change the law that the right is
*actually* threatened. Nobody has threatened copyleft, there's no need
to fight for it.

*Exercising* a right is different from defending it, you go ahead and
exercise it if you want, it's your choice. Fighting for it is a
different matter.

-- 
Felipe Contreras
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R: Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-10-12 Thread farmat...@tiscali.it
Hi,
one more argument will show how your position
about the number of developers involved in enforcement
and the number of lines of code written by them is
totally wrong.
That is probably due to the fact that you yourself are a
developer and therefore your view of things is biased.
Let us go to the source of truth: the GPL license,

3. You may copy and distribute the Program (or a work based on it, 
under Section 2) 
   in object code or executable form under the terms of Sections 1 
and 2 above provided
   that you also do one of the following: 
a) Accompany it with the complete corresponding machine-readable 
source code,
   which must be distributed under the terms of Sections 1 and 2 
above on a medium
   customarily used for software interchange; or, 
b) Accompany it with a written offer, valid for at least three 
years,
   to give any third party, for a charge no more than your cost of
   physically performing source distribution, a
   complete machine-readable copy of the corresponding source code,
   to be distributed under the terms of Sections 1 and 2 above on a
   medium customarily used for software interchange; or, 
c) Accompany it with the information you received as to 
   the offer to distribute corresponding source code.
   (This alternative is allowed only for noncommercial
   distribution and only if you received the program in object code 
or 
   executable form with such an offer, in accord with Subsection b 
above.)

By reading carefully what is stated above I nowhere see the word 
developer
nor anything about how many lines of code were written.
The rights stated above refer to the end user who get a copy of the 
binary
program in his device without any of point a,b or c being satisfied.
The end user is the one who is deprived of his rights and therefore
is entitled to do enforcement if he wants to.
Only one end user who never wrote a line of code is enough to start
enforcement.
Obviously this happens seldom as end user are usually not interested
and not informed about their rights, but some are.

Ciao,
Tito


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Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-10-11 Thread Felipe Contreras
On Mon, Sep 24, 2012 at 9:29 PM, Tito farmat...@tiscali.it wrote:
 On Monday 24 September 2012 16:37:11 you wrote:

 True, the law doesn't make any distinction, which is part of the problem.

 You are contraddicting yourself.  The law doesn't make any distinction
 and this is a matter of fact, which seems to be your the problem.

No, it's not _my_ problem, it's everybody's problem. Unless you don't
care if nobody uses busybox.

But what is clear is that you are not interested in the problem, and
thus not interested in solutions.

  I want my rights enforced!!! for a simple reason because if you don't
  fight for your rights you end with no rights at all.

 That's _your_ opinion.

 That's not an opinion but a matter of fact.

I have never fought for my software rights, and I still have those
rights. I have never fought for my freedom of speech rights, and yet I
still have them. As long as the law is not modified, the rights will
remain there.

You can disagree of the reason why I still have those rights, but
that's your opinion, the fact remains that I have the rights, and I
have never fought them. That's an undeniable fact, not an opinion.

 You are minimizing the issue. If you want a more homologous analogy,
 it would be more like you pay your goods, but somebody with your same
 surname doesn't, and because of him you are forced to stay until he
 pays, because the law doesn't make a distinction between different
 individuals of the same family. It's much easier to just buy goods
 with other licenses than risk this ordeal.

 This is science fiction for me.

This is crazy, which is precisely the problem.

 I'm very sad that you have to suffer but the above solution is still the
 only valid and effective solution to end your suffering. Your company
 as a whole has to do due dilingence and comply to the license
 as they do with their hardware suppliers and with every other
 entity they have a contract with, even with you as they pay your salary.
 Would like to stay in the bad non compliant team if they do not comply
 with your contract and do not pay your salary?
 I think not.
 The salary for my minimal contributions to busybox is the compliance
 to the license and I too in this sense want to be payed.

It's more akin to asking the company to pay me 100K euro, and when the
company offers 50K euro, I reject them. The company would rather pay 0
euro than 100K. By putting things in black-and-white, everybody
looses.

 “First they ignore you, then they laugh at you, then they fight you, then you 
 win.”

Gandhi never fought. He won by minding his own business, which is what
the Linux project is doing; generally ignoring enforcement, and rather
concentrate on creating an awesome project.

Cheers.

-- 
Felipe Contreras
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R: Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-10-11 Thread farmat...@tiscali.it
Il 11/10/2012 12:11, Felipe Contreras ha scritto:
 On Mon, Sep 24, 2012 at 9:29 PM, Tito farmat...@tiscali.it 
wrote:
 On Monday 24 September 2012 16:37:11 you wrote:
 True, the law doesn't make any distinction, which is part of the 
problem.
 You are contraddicting yourself.  The law doesn't make any 
distinction
 and this is a matter of fact, which seems to be your the 
problem.
 No, it's not _my_ problem, it's everybody's problem. Unless you 
don't
 care if nobody uses busybox.

I care that busybox is used by people willing to follow the GPL 
license
 But what is clear is that you are not interested in the problem, 
and
 thus not interested in solutions.

The only problem here is that there are commercial companies that 
don't
follow the license busybox is under, something unbelievable in the 
world of commercial software
(where BSA or other enforcement agencies can raid your business)
yet believable and almost desirable for you.

 I want my rights enforced!!! for a simple reason because if you 
don't
 fight for your rights you end with no rights at all.
 That's _your_ opinion.
 That's not an opinion but a matter of fact.
 I have never fought for my software rights, and I still have those
 rights. I have never fought for my freedom of speech rights, and 
yet I
 still have them. As long as the law is not modified, the rights 
will
 remain there.

You fool yourself by thinking you have this rights when in fact they 
are eroded
every day more and more, go try to ask for the source code of 
busybox
used in most routers, tablets, phones etc. and you will experience
that most companies don't even will respond to your emails because
they don't care and there is only one reason why they don't care:

there has been no license enforcement,

so they risk nothing.

 You can disagree of the reason why I still have those rights, but
 that's your opinion, the fact remains that I have the rights, and 
I
 have never fought them. That's an undeniable fact, not an opinion.

 You are minimizing the issue. If you want a more homologous 
analogy,
 it would be more like you pay your goods, but somebody with your 
same
 surname doesn't, and because of him you are forced to stay until 
he
 pays, because the law doesn't make a distinction between 
different
 individuals of the same family. It's much easier to just buy 
goods
 with other licenses than risk this ordeal.
 This is science fiction for me.
 This is crazy, which is precisely the problem.

 I'm very sad that you have to suffer but the above solution is 
still the
 only valid and effective solution to end your suffering. Your 
company
 as a whole has to do due dilingence and comply to the license
 as they do with their hardware suppliers and with every other
 entity they have a contract with, even with you as they pay your 
salary.
 Would like to stay in the bad non compliant team if they do not 
comply
 with your contract and do not pay your salary?
 I think not.
 The salary for my minimal contributions to busybox is the 
compliance
 to the license and I too in this sense want to be payed.
 It's more akin to asking the company to pay me 100K euro, and when 
the
 company offers 50K euro, I reject them. The company would rather 
pay 0
 euro than 100K. By putting things in black-and-white, everybody
 looses.

if 50 doesn't allow to make your living maybe you have to fight for 
your rights,
somebody did this for you in the past but times are changing. In many 
European
countries there is political requests about a minum salary exactly 
for this reason:

you work all days of the month, you get your salary but still you are 
unable
the pay your bills.

 “First they ignore you, then they laugh at you, then they fight 
you, then you win.”
 Gandhi never fought. He won by minding his own business, which is 
what
 the Linux project is doing; generally ignoring enforcement, and 
rather
 concentrate on creating an awesome project.

 Cheers.

He fought with passive civil disobedience,
but the repression was very active.
We need to fight with civil law.

Ciao,
Tito

Lupus et agnus

Ad rivum eundem lupus et agnus venerant, siti compulsi.
 
Superior stabat lupus, longeque inferior agnus.
 
Tunc fauce improba latro incitatus iurgii causam intulit:
 
Cur -  inquit - turbulentam fecisti mihi aquam bibenti?
 
Laniger contra timens :
 
Qui possum - quaeso - facere quod quereris, lupe? A te decurrit ad 
meos haustus liquor.
 
Repulsus ille veritatis viribus:
 
Ante hos sex menses male - ait  - dixisti mihi.
 
Respondit agnus:
 
Equidem natus non eram!
 
Pater, hercle, tuus - ille inquit  - male dixit mihi!
 
Atque ita correptum lacerat iniusta
nece.

Haec propter illos scripta est homines fabula qui fictis causis 
innocentes opprimunt.

Phaedrus


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Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-09-24 Thread Felipe Contreras
On Fri, Aug 24, 2012 at 10:24 PM, Tito farmat...@tiscali.it wrote:
 On Friday 24 August 2012 18:20:12 Felipe Contreras wrote:
 On Wed, Aug 15, 2012 at 9:45 PM, Bradley M. Kuhn bk...@ebb.org wrote:
  Felipe Contreras wrote at 11:31 (EDT) on Monday:
  if you are a big company an a unit used my code by mistake I'm not
  going to sue you and screw the rest of your units.
 
  I don't think anyone, including those of us in the BusyBox community who
  enforce the GPL, want to screw companies or any of their units!  No
  company who makes good efforts to fix compliance problems has ever been
  sued by any BusyBox copyright holder.  Do you know of a specific case
  where that's not true?

 So if part of the company makes good efforts, and another part of the
 company does not, the company as a whole wouldn't be sued? I think it
 would.

 There is not something like a part of company.

Yes there is.

 Ther is a company that produces a product and then sells
 it to make some money. If for example your product
 is defective you don't ask wich unit has engineered or produced
 it or sold it or delivered it as the company is liable for the warranty.

True, the law doesn't make any distinction, which is part of the problem.

  No, I'm explaining why the Linux kernel developers don't want that. I
  do hope the Busybox developers see the light as well, but I'm not
  holding my breath.
 
  BusyBox and Linux developers are now working together on GPL
  enforcement, coordinated via Conservancy, as I mentioned in this email
  that I sent on 29 May 2012, which was posted as follow-up to this thread:
http://lists.busybox.net/pipermail/busybox/2012-May/077908.html

 *Some* Linux developers. Probably the copyrights owned by these don't
 even amount to 1% of the Linux code.

 Nonetheless this developers having contributed to the project under a  precise
 license have some rights, particularly the right to have this license enforced
 even if the project maintainers or other entities do not enforce it.

I have a single file in Linux with my copyright, that's the only code
I can ask for enforcement. I have absolutely no say in the rest of the
99.99% of the code.

 I want my rights enforced!!! for a simple reason because if you don't
 fight for your rights you end with no rights at all.

That's _your_ opinion.

  Clearly, some Linux copyright holders and some BusyBox copyright holders
  are in agreement to work on compliance together in the same way.
 
  Indeed, Conservancy as a whole and I personally listened carefully to
  the feedback from this thread and other places that had a discussion
  about this.  I heard the message that the community wanted to see a
  broad coalition of copyright holders of different projects who all agree
  on enforcement strategy.  Denys even personally asked me to make sure
  that Conservancy's compliance efforts were as inclusive as possible.
  And, that's what we now have.

 I hope this means the proxy strategy doesn't get used: if a company
 violated the busybox GPL, that doesn't mean it cannot ship products
 with other GPL projects (e.g. Linux).

 If a driver does something bad with his car he sometimes ends up
 with no driving license.
 This of course is not the fault of who enforces the law
 but his fault as he did something he knew is forbiddden.
 The same way i suppose you don't go in shops take
 some goods and go out without paying as you know
 that you have to pay.
 It is the same with gpl software, you don't use it
 if you don't want to make the sources available.
 You know this before you use it as the license is
 contained in the very same source code that you intend to
 use and can not be overlooked unless you want to do it.

You are minimizing the issue. If you want a more homologous analogy,
it would be more like you pay your goods, but somebody with your same
surname doesn't, and because of him you are forced to stay until he
pays, because the law doesn't make a distinction between different
individuals of the same family. It's much easier to just buy goods
with other licenses than risk this ordeal.

  If you have a bad unit that screwed up, and this affects the products
  of good units; that's not good.
 
  Even after all this time since this discussion started, no one has shown
  one example where this outcome *actually* occurred.  This was a
  speculation of what a copyright holder *could* ask for under copyright
  law in the USA if infringement occurs.

 Lawyers don't care about things actually occurring, but what could
 potentially happen. And potentially if say one unit of Sony is
 negligent and has a GPL violation shipping busybox, Conservancy could
 ask for an injunction to stop all products shipping GPL code,
 including products from another unit who did it's job properly. Simply
 having this threat would make lawyers worry, and recommend busybox not
 to be used.

 If Conservancy explicitly states that only projects that want GPL
 enforcement will be targeted, and not 

Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-09-24 Thread William Haddon
On 09/24/2012 10:37:11 AM, Felipe Contreras wrote:
 On Fri, Aug 24, 2012 at 10:24 PM, Tito farmat...@tiscali.it wrote:
  On Friday 24 August 2012 18:20:12 Felipe Contreras wrote:
  So if part of the company makes good efforts, and another part of
 the
  company does not, the company as a whole wouldn't be sued? I think
 it
  would.
 
  There is not something like a part of company.
 
 Yes there is.
 
  Ther is a company that produces a product and then sells
  it to make some money. If for example your product
  is defective you don't ask wich unit has engineered or produced
  it or sold it or delivered it as the company is liable for the
 warranty.
 
 True, the law doesn't make any distinction, which is part of the
 problem.
 

People create corporations because they want the corporation to be 
liable rather than the individuals that make it up. If they wanted the 
individuals to be liable, they would do business as a partnership. If 
they wanted a portion of the company to be liable rather than the 
whole, they would create a subsidiary corporation.
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Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-09-24 Thread Tito
On Monday 24 September 2012 16:37:11 you wrote:
 On Fri, Aug 24, 2012 at 10:24 PM, Tito farmat...@tiscali.it wrote:
  On Friday 24 August 2012 18:20:12 Felipe Contreras wrote:
  On Wed, Aug 15, 2012 at 9:45 PM, Bradley M. Kuhn bk...@ebb.org wrote:
   Felipe Contreras wrote at 11:31 (EDT) on Monday:
   if you are a big company an a unit used my code by mistake I'm not
   going to sue you and screw the rest of your units.
  
   I don't think anyone, including those of us in the BusyBox community who
   enforce the GPL, want to screw companies or any of their units!  No
   company who makes good efforts to fix compliance problems has ever been
   sued by any BusyBox copyright holder.  Do you know of a specific case
   where that's not true?
 
  So if part of the company makes good efforts, and another part of the
  company does not, the company as a whole wouldn't be sued? I think it
  would.
 
  There is not something like a part of company.
 
 Yes there is.
 
  Ther is a company that produces a product and then sells
  it to make some money. If for example your product
  is defective you don't ask wich unit has engineered or produced
  it or sold it or delivered it as the company is liable for the warranty.
 
 True, the law doesn't make any distinction, which is part of the problem.

You are contraddicting yourself.  The law doesn't make any distinction
and this is a matter of fact, which seems to be your the problem.

   No, I'm explaining why the Linux kernel developers don't want that. I
   do hope the Busybox developers see the light as well, but I'm not
   holding my breath.
  
   BusyBox and Linux developers are now working together on GPL
   enforcement, coordinated via Conservancy, as I mentioned in this email
   that I sent on 29 May 2012, which was posted as follow-up to this thread:
 http://lists.busybox.net/pipermail/busybox/2012-May/077908.html
 
  *Some* Linux developers. Probably the copyrights owned by these don't
  even amount to 1% of the Linux code.
 
  Nonetheless this developers having contributed to the project under a  
  precise
  license have some rights, particularly the right to have this license 
  enforced
  even if the project maintainers or other entities do not enforce it.
 
 I have a single file in Linux with my copyright, that's the only code
 I can ask for enforcement. I have absolutely no say in the rest of the
 99.99% of the code.
 
  I want my rights enforced!!! for a simple reason because if you don't
  fight for your rights you end with no rights at all.
 
 That's _your_ opinion.

That's not an opinion but a matter of fact.

Historia est Magistra Vitae
history is life's teacher

Cicero, De Oratore, II, 9.


   Clearly, some Linux copyright holders and some BusyBox copyright holders
   are in agreement to work on compliance together in the same way.
  
   Indeed, Conservancy as a whole and I personally listened carefully to
   the feedback from this thread and other places that had a discussion
   about this.  I heard the message that the community wanted to see a
   broad coalition of copyright holders of different projects who all agree
   on enforcement strategy.  Denys even personally asked me to make sure
   that Conservancy's compliance efforts were as inclusive as possible.
   And, that's what we now have.
 
  I hope this means the proxy strategy doesn't get used: if a company
  violated the busybox GPL, that doesn't mean it cannot ship products
  with other GPL projects (e.g. Linux).
 
  If a driver does something bad with his car he sometimes ends up
  with no driving license.
  This of course is not the fault of who enforces the law
  but his fault as he did something he knew is forbiddden.
  The same way i suppose you don't go in shops take
  some goods and go out without paying as you know
  that you have to pay.
  It is the same with gpl software, you don't use it
  if you don't want to make the sources available.
  You know this before you use it as the license is
  contained in the very same source code that you intend to
  use and can not be overlooked unless you want to do it.
 
 You are minimizing the issue. If you want a more homologous analogy,
 it would be more like you pay your goods, but somebody with your same
 surname doesn't, and because of him you are forced to stay until he
 pays, because the law doesn't make a distinction between different
 individuals of the same family. It's much easier to just buy goods
 with other licenses than risk this ordeal.

This is science fiction for me.

   If you have a bad unit that screwed up, and this affects the products
   of good units; that's not good.
  
   Even after all this time since this discussion started, no one has shown
   one example where this outcome *actually* occurred.  This was a
   speculation of what a copyright holder *could* ask for under copyright
   law in the USA if infringement occurs.
 
  Lawyers don't care about things actually occurring, but what could
  potentially 

Fw: Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-08-25 Thread Hin-Tak Leung
bounced due to non-subscribed alias. Probably not worthy reading...

--- On Sat, 25/8/12, Hin-Tak Leung ... wrote:

 --- On Fri, 24/8/12, Tito farmat...@tiscali.it
 wrote:
 
 snipped
  There is not something like a part of company.
  Ther is a company that produces a product and then
 sells
  it to make some money. If for example your product
  is defective you don't ask wich unit has engineered or
  produced
  it or sold it or delivered it as the company is liable
 for
  the warranty.
 
 Sorry, I am really losing focus of what exactly is this
 lengthy and long-winded discussion is about...
 
 FWIW, big tech companies, like HP, and Sony, which are (1)
 international, (2) have a long history and gone through many
 acqusition, mergers, and split-ups and lay-offs, and (3)
 occasionally out-source some of their work to 3rd-parties to
 do, can behave like island of unrelated entities, especially
 where policies about using/scavenging from open software
 is concerned. (speaking generically, from GPL/MIT/BSD). The
 policy can include anything between absolutely no (no
 polution from the freebie lunatics), to
 use-in-house-with-substantial-customization-but-no-contributing-out,
 to active-participation, etc.
 
 There is no single policy maker, and if you do decide to
 sue, you do need to send your lawyer's letter to the correct
 party, or it will get ignored... for example, sending your
 lawyer after Sony Italy for something that was planned in
 Sony Japan, designed by Sony US, but made in Sony China,
 probably won't get you very far. Sony Italy has no
 obligation whatsoever to even try to respond to tell you
 which party you should contact to get your view heard. Or
 sending your lawyer's letter to the Sony TV division
 complaining about their non-compliance in their camera
 products...
 
 Anyway, can somebody summarise in one sentence, no more than
 10 words, what this lengthy thread is about?
 
 snipped

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Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-08-24 Thread Felipe Contreras
On Wed, Aug 15, 2012 at 9:45 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 Felipe Contreras wrote at 11:31 (EDT) on Monday:
 if you are a big company an a unit used my code by mistake I'm not
 going to sue you and screw the rest of your units.

 I don't think anyone, including those of us in the BusyBox community who
 enforce the GPL, want to screw companies or any of their units!  No
 company who makes good efforts to fix compliance problems has ever been
 sued by any BusyBox copyright holder.  Do you know of a specific case
 where that's not true?

So if part of the company makes good efforts, and another part of the
company does not, the company as a whole wouldn't be sued? I think it
would.

 No, I'm explaining why the Linux kernel developers don't want that. I
 do hope the Busybox developers see the light as well, but I'm not
 holding my breath.

 BusyBox and Linux developers are now working together on GPL
 enforcement, coordinated via Conservancy, as I mentioned in this email
 that I sent on 29 May 2012, which was posted as follow-up to this thread:
   http://lists.busybox.net/pipermail/busybox/2012-May/077908.html

*Some* Linux developers. Probably the copyrights owned by these don't
even amount to 1% of the Linux code.

 Clearly, some Linux copyright holders and some BusyBox copyright holders
 are in agreement to work on compliance together in the same way.

 Indeed, Conservancy as a whole and I personally listened carefully to
 the feedback from this thread and other places that had a discussion
 about this.  I heard the message that the community wanted to see a
 broad coalition of copyright holders of different projects who all agree
 on enforcement strategy.  Denys even personally asked me to make sure
 that Conservancy's compliance efforts were as inclusive as possible.
 And, that's what we now have.

I hope this means the proxy strategy doesn't get used: if a company
violated the busybox GPL, that doesn't mean it cannot ship products
with other GPL projects (e.g. Linux).

 If you have a bad unit that screwed up, and this affects the products
 of good units; that's not good.

 Even after all this time since this discussion started, no one has shown
 one example where this outcome *actually* occurred.  This was a
 speculation of what a copyright holder *could* ask for under copyright
 law in the USA if infringement occurs.

Lawyers don't care about things actually occurring, but what could
potentially happen. And potentially if say one unit of Sony is
negligent and has a GPL violation shipping busybox, Conservancy could
ask for an injunction to stop all products shipping GPL code,
including products from another unit who did it's job properly. Simply
having this threat would make lawyers worry, and recommend busybox not
to be used.

If Conservancy explicitly states that only projects that want GPL
enforcement will be targeted, and not use the proxy method to target
*all* GPL code, then perhaps in practice people won't have problems
using busybox. But I haven't seen any public statement of this sort,
so the fear is still probably out there.

 As I said elsewhere in this thread months ago, Conservancy works very
 very hard to make sure compliance issues don't disrupt a violators'
 business.  The only way it could possible disrupt their business is if
 they spend months and months ignoring Conservancy's requests to work
 with us to come into compliance.  Even then, Conservancy, in our
 enforcement efforts, we continue to look for ways to keep the business
 going while we help them come into compliance.

Again, if these efforts only target project that explicitly request
GPL enforcement, then I think that's OK.

 That is not true. SFC can't force anybody to comply with the kernel
 license unless they act on behalf of the copyright holders of the
 kernel.  They can just convince the companies that it is cheaper for
 them to comply with the kernel license.

 They can do it as a proxy.

 IMO, this whole discussion is moot: Conservancy now does indeed enforce
 directly on behalf of a growing list of Linux copyright holders who
 stand alongside BusyBox copyright holders in our enforcement actions.
 (And, Samba developers are involved too, for those cases where Samba is
 also present.)

No, it's not moot. You can only enforce the code that is copyrighted
by these Linux developers, which is probably less than 1%.

 There's no need to ignore the license. Companies follow the GPLv2
 license, yet they avoid busybox for obvious reasons, that apparently
 you are never going to understand. The real world is beyond your
 grasp.

 If they avoid BusyBox, they have to avoid Linux and Samba, too,

No, see above.

 it's not surprising that more permissive licenses are on the rise,
 presumably because of the kind of thinking that you show:
 http://blogs.the451group.com/opensource/2011/12/15/on-the-continuing-decline-of-the-gpl/

 Note that the methodology of the analysis done in that article has been
 called into 

Re: coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-08-24 Thread Tito
On Friday 24 August 2012 18:20:12 Felipe Contreras wrote:
 On Wed, Aug 15, 2012 at 9:45 PM, Bradley M. Kuhn bk...@ebb.org wrote:
  Felipe Contreras wrote at 11:31 (EDT) on Monday:
  if you are a big company an a unit used my code by mistake I'm not
  going to sue you and screw the rest of your units.
 
  I don't think anyone, including those of us in the BusyBox community who
  enforce the GPL, want to screw companies or any of their units!  No
  company who makes good efforts to fix compliance problems has ever been
  sued by any BusyBox copyright holder.  Do you know of a specific case
  where that's not true?
 
 So if part of the company makes good efforts, and another part of the
 company does not, the company as a whole wouldn't be sued? I think it
 would.

There is not something like a part of company.
Ther is a company that produces a product and then sells
it to make some money. If for example your product
is defective you don't ask wich unit has engineered or produced
it or sold it or delivered it as the company is liable for the warranty.

  No, I'm explaining why the Linux kernel developers don't want that. I
  do hope the Busybox developers see the light as well, but I'm not
  holding my breath.
 
  BusyBox and Linux developers are now working together on GPL
  enforcement, coordinated via Conservancy, as I mentioned in this email
  that I sent on 29 May 2012, which was posted as follow-up to this thread:
http://lists.busybox.net/pipermail/busybox/2012-May/077908.html
 
 *Some* Linux developers. Probably the copyrights owned by these don't
 even amount to 1% of the Linux code.

Nonetheless this developers having contributed to the project under a  precise
license have some rights, particularly the right to have this license enforced
even if the project maintainers or other entities do not enforce it.
I want my rights enforced!!! for a simple reason because if you don't
fight for your rights you end with no rights at all.

If you contribute 1 dollar to a charity foundation, do you have the 
right to sue them if you know that there is a funds misappropriation?
  
  Clearly, some Linux copyright holders and some BusyBox copyright holders
  are in agreement to work on compliance together in the same way.
 
  Indeed, Conservancy as a whole and I personally listened carefully to
  the feedback from this thread and other places that had a discussion
  about this.  I heard the message that the community wanted to see a
  broad coalition of copyright holders of different projects who all agree
  on enforcement strategy.  Denys even personally asked me to make sure
  that Conservancy's compliance efforts were as inclusive as possible.
  And, that's what we now have.
 
 I hope this means the proxy strategy doesn't get used: if a company
 violated the busybox GPL, that doesn't mean it cannot ship products
 with other GPL projects (e.g. Linux).

If a driver does something bad with his car he sometimes ends up
with no driving license. 
This of course is not the fault of who enforces the law
but his fault as he did something he knew is forbiddden.
The same way i suppose you don't go in shops take
some goods and go out without paying as you know
that you have to pay.
It is the same with gpl software, you don't use it
if you don't want to make the sources available.
You know this before you use it as the license is
contained in the very same source code that you intend to
use and can not be overlooked unless you want to do it.
 
  If you have a bad unit that screwed up, and this affects the products
  of good units; that's not good.
 
  Even after all this time since this discussion started, no one has shown
  one example where this outcome *actually* occurred.  This was a
  speculation of what a copyright holder *could* ask for under copyright
  law in the USA if infringement occurs.
 
 Lawyers don't care about things actually occurring, but what could
 potentially happen. And potentially if say one unit of Sony is
 negligent and has a GPL violation shipping busybox, Conservancy could
 ask for an injunction to stop all products shipping GPL code,
 including products from another unit who did it's job properly. Simply
 having this threat would make lawyers worry, and recommend busybox not
 to be used.
 
 If Conservancy explicitly states that only projects that want GPL
 enforcement will be targeted, and not use the proxy method to target
 *all* GPL code, then perhaps in practice people won't have problems
 using busybox. But I haven't seen any public statement of this sort,
 so the fear is still probably out there.
 

People will have problems using busybox only if they violate
the license busybox is under, it is as simple as that.

  As I said elsewhere in this thread months ago, Conservancy works very
  very hard to make sure compliance issues don't disrupt a violators'
  business.  The only way it could possible disrupt their business is if
  they spend months and months ignoring Conservancy's 

coordinated compliance efforts addresses the issues of this thread (was Re: Amusing article about busybox)

2012-08-15 Thread Bradley M. Kuhn
Felipe Contreras wrote at 11:31 (EDT) on Monday:
 if you are a big company an a unit used my code by mistake I'm not
 going to sue you and screw the rest of your units.

I don't think anyone, including those of us in the BusyBox community who
enforce the GPL, want to screw companies or any of their units!  No
company who makes good efforts to fix compliance problems has ever been
sued by any BusyBox copyright holder.  Do you know of a specific case
where that's not true?

 No, I'm explaining why the Linux kernel developers don't want that. I
 do hope the Busybox developers see the light as well, but I'm not
 holding my breath.

BusyBox and Linux developers are now working together on GPL
enforcement, coordinated via Conservancy, as I mentioned in this email
that I sent on 29 May 2012, which was posted as follow-up to this thread:
  http://lists.busybox.net/pipermail/busybox/2012-May/077908.html

Clearly, some Linux copyright holders and some BusyBox copyright holders
are in agreement to work on compliance together in the same way.

Indeed, Conservancy as a whole and I personally listened carefully to
the feedback from this thread and other places that had a discussion
about this.  I heard the message that the community wanted to see a
broad coalition of copyright holders of different projects who all agree
on enforcement strategy.  Denys even personally asked me to make sure
that Conservancy's compliance efforts were as inclusive as possible.
And, that's what we now have.

 People make mistakes. Companies have bad units. Bad units are
 negligent sometimes. I already explained that complying with the
 license is not that easy, specially after a produce is launched.

I've worked helping companies get into compliance with GPL for more than
a decade.  I'm quite sure that it possible to reasonably redress past
violations to the satisfaction of the copyright holders involved.
Conservancy works with companies to help them do that.

 If you have a bad unit that screwed up, and this affects the products
 of good units; that's not good.

Even after all this time since this discussion started, no one has shown
one example where this outcome *actually* occurred.  This was a
speculation of what a copyright holder *could* ask for under copyright
law in the USA if infringement occurs.

As I said elsewhere in this thread months ago, Conservancy works very
very hard to make sure compliance issues don't disrupt a violators'
business.  The only way it could possible disrupt their business is if
they spend months and months ignoring Conservancy's requests to work
with us to come into compliance.  Even then, Conservancy, in our
enforcement efforts, we continue to look for ways to keep the business
going while we help them come into compliance.

 That is not true. SFC can't force anybody to comply with the kernel
 license unless they act on behalf of the copyright holders of the
 kernel.  They can just convince the companies that it is cheaper for
 them to comply with the kernel license.

 They can do it as a proxy.

IMO, this whole discussion is moot: Conservancy now does indeed enforce
directly on behalf of a growing list of Linux copyright holders who
stand alongside BusyBox copyright holders in our enforcement actions.
(And, Samba developers are involved too, for those cases where Samba is
also present.)

 There's no need to ignore the license. Companies follow the GPLv2
 license, yet they avoid busybox for obvious reasons, that apparently
 you are never going to understand. The real world is beyond your
 grasp.

If they avoid BusyBox, they have to avoid Linux and Samba, too, and any
other GPL'd project where enforcement occurs, which is many others as
well that aren't involved with Conservancy.  These companies will have
to make their choice: either they want to follow the requirements of
GPL, or they'll switch to a FreeBSD-based system.

Of course, it's easier to comply with the BSD-like licenses than GPL;
BSD-like licenses aren't copylefts.  But just because it's more work to
comply with GPL doesn't mean that complying with GPL is too arduous to
be worthwhile.  Many companies see the value in GPL, because it defends
them as well when they contribute code back.

 it's not surprising that more permissive licenses are on the rise,
 presumably because of the kind of thinking that you show:
 http://blogs.the451group.com/opensource/2011/12/15/on-the-continuing-decline-of-the-gpl/

Note that the methodology of the analysis done in that article has been
called into question with competing analysis that shows substantially
different results.  See:
http://www.fsf.org/events/is-copyleft-being-framed (a recording of which
is available here http://faif.us/cast/2012/feb/28/0x23/ ).  The 451
Group even covered it here:
http://blogs.the451group.com/opensource/2012/03/05/thats-not-science/

I obviously disagree with 451's Group latest conclusion, since if what
John did in his analysis isn't science, then neither is the work that
451 

Re: Amusing article about busybox

2012-08-13 Thread Felipe Contreras
Hi,

I neglected this mail and only now realized I hadn't replied.

Anyway, it's not surprising that more permissive licenses are on the
rise, presumably because of the kind of thinking that you show:
http://blogs.the451group.com/opensource/2011/12/15/on-the-continuing-decline-of-the-gpl/

On Tue, Feb 28, 2012 at 1:06 PM, Ralf Friedl ralf.fri...@online.de wrote:
 Felipe Contreras wrote:

 On Wed, Feb 15, 2012 at 5:46 PM, Ralf Friedl ralf.fri...@online.de
 wrote:


 Let's get some facts straight.
 Sony wants to avoid the GPL busybox not because of busybox itself, but
 because they fear that they can be forced to comply with the GPL on
 Linux,
 and they want to avoid that. They know that they break the license, and
 they
 want to replace busybox so that they can continue to break the kernel
 license. There are different opinions about this behavior. You want to
 defend Sony's god given right to violate the kernel license, I think it's
 a
 shame that the kernel license isn't enforced by the developers
 themselves,
 but the fact is that Sony intends to continue to violate the kernel
 license
 and replacing busybox is just a means to the end.

 I already explained why this view is wrong. I am not going to repeat it.


 A view is not wrong because it is not yours.

No, it's not because it's not mine, it's because it's wrong.

 And my point here was to check whether we agree on the fact that Sony wants
 to violate the kernel license, which seems to be true, otherwise you would
 have mentioned it. In fact, in another email you wrote very clearly th

You keep talking about Sony as a single entity, so it's pointless to reply.

 I already mentioned that it is not possible to enforce copyright without
 consent from the copyright holders, and you repeat it here anyway, so it
 seems that inconvenient facts don't influence your opinion.

 Do you have explicit consent from Linux developers? No. Is enforcement
 for their pursued despite this? Yes.

 I already mentioned that I'm not from SFC.
 And no, nobody except the copyright holder can enforce the license, or we
 wouldn't have this discussion.

Yes you can; by proxy.

 Again you imply that Sony might contribute something at some point, so I
 ask
 you: why would Sony suddenly start to contribute to busybox or toybox on
 a
 voluntary base, when they don't want to contribute to the kernel despite
 their obligation to do so?

 Why did any company did? Because new developers pushes for a culture
 change

 Well, maybe some companies learned that they should avoid the GPL,
 others,

 even those that were the targets of enforcement probably learned that it
 is
 a license they have to comply with (gasp!), just like all their other
 licenses and contracts.

 Companies are not people.

 Yes, you wrote that again and again. Companies consist of people. Some of
 these people are in a position to make decisions for the company. Those new
 developers pushing for the change are not in this position most of the time.

Companies are more complex that a bunch of people; they have laws and
by-laws, and policies, and culture, and different units.

 You might consider the bare minimum to be be almost worthless, but
 without
 enforcement the bare minimum is zero and therefor completely worthless.

 I prefer my code being used by millions of users even if I get no
 contributions, rather than few users, and a few lines contributed, or
 a totally unusable patch dumped somewhere.

 Your preferences are up to you. It just seems BSD would fit your preferences
 better. Encouraging contributions under the pretense of using the GPL is
 just dishonest.

No, it wouldn't, and you can't decide my preferences for me. Nor the
ones of the Linux kernel contributors.

 If you say the the code is licensed under the GPL, but you promise to
 never
 enforce the license, you might as well call it public domain.


 I didn't tell you what to expect from a license, so please leave your
 straw
 men at home.


 You just said that if I don't expect the same as you do, I shouldn't
 be using the license.


 No, I didn't say that here. What I said was:

 I said that there is in effect no difference between public domain,
 please
 please share your modification and GPL, but I won't do anything if you
 violate it.

 I just explained that there is.

 No, you didn't.
 What is the practical difference between public domain with a plea to share
 and GPL with a promise to ignore violations?

A stronger incentive; abide by the law.

 By your own definition, Sony is not a good member of society. And please
 provide examples where the bad publicity has resulted in code
 contributions.

 Android.

 By your own definition Android is not a contribution at all, so how is it
 now an example for code contributions as a result of bad publicity?

Android got bad publicity because it's not Linux, and Android
developers tried to push their stuff upstream. To this day they are
still trying, and from the time you wrote that mail, we are closer

Re: Amusing article about busybox

2012-02-28 Thread Ralf Friedl

Felipe Contreras wrote:

On Wed, Feb 15, 2012 at 5:46 PM, Ralf Friedl ralf.fri...@online.de wrote:
  

Let's get some facts straight.
Sony wants to avoid the GPL busybox not because of busybox itself, but
because they fear that they can be forced to comply with the GPL on Linux,
and they want to avoid that. They know that they break the license, and they
want to replace busybox so that they can continue to break the kernel
license. There are different opinions about this behavior. You want to
defend Sony's god given right to violate the kernel license, I think it's a
shame that the kernel license isn't enforced by the developers themselves,
but the fact is that Sony intends to continue to violate the kernel license
and replacing busybox is just a means to the end.

I already explained why this view is wrong. I am not going to repeat it.
  

A view is not wrong because it is not yours.
And my point here was to check whether we agree on the fact that Sony 
wants to violate the kernel license, which seems to be true, otherwise 
you would have mentioned it. In fact, in another email you wrote very 
clearly th



I already mentioned that it is not possible to enforce copyright without
consent from the copyright holders, and you repeat it here anyway, so it
seems that inconvenient facts don't influence your opinion.

Do you have explicit consent from Linux developers? No. Is enforcement
for their pursued despite this? Yes.  

I already mentioned that I'm not from SFC.
And no, nobody except the copyright holder can enforce the license, or 
we wouldn't have this discussion.



Again you imply that Sony might contribute something at some point, so I ask
you: why would Sony suddenly start to contribute to busybox or toybox on a
voluntary base, when they don't want to contribute to the kernel despite
their obligation to do so?

Why did any company did? Because new developers pushes for a culture change

Well, maybe some companies learned that they should avoid the GPL, others,
even those that were the targets of enforcement probably learned that it is
a license they have to comply with (gasp!), just like all their other
licenses and contracts.
Companies are not people.  
Yes, you wrote that again and again. Companies consist of people. Some 
of these people are in a position to make decisions for the company. 
Those new developers pushing for the change are not in this position 
most of the time.



You might consider the bare minimum to be be almost worthless, but without
enforcement the bare minimum is zero and therefor completely worthless.

I prefer my code being used by millions of users even if I get no
contributions, rather than few users, and a few lines contributed, or
a totally unusable patch dumped somewhere. 
Your preferences are up to you. It just seems BSD would fit your 
preferences better. Encouraging contributions under the pretense of 
using the GPL is just dishonest.



If you say the the code is licensed under the GPL, but you promise to never
enforce the license, you might as well call it public domain.


I didn't tell you what to expect from a license, so please leave your straw
men at home.


You just said that if I don't expect the same as you do, I shouldn't
be using the license.
  

No, I didn't say that here. What I said was:

I said that there is in effect no difference between public domain, please
please share your modification and GPL, but I won't do anything if you
violate it.
I just explained that there is.  

No, you didn't.
What is the practical difference between public domain with a plea to 
share and GPL with a promise to ignore violations?



By your own definition, Sony is not a good member of society. And please
provide examples where the bad publicity has resulted in code contributions.
Android.  
By your own definition Android is not a contribution at all, so how is 
it now an example for code contributions as a result of bad publicity?



I know of enough examples where vendors provide source for GPL programs
because they have to, and don't provide source for BSD programs because they
don't have to.

So? Who cares.
  
I care, obviously. More important, it shows that your theory that 
companies will contribute code if left alone long enough is not 
supported by the facts.



By the way, which code is it where it is up to you to decide which license
you want to use? You remember, you as in we, the developers?

My own.
  
I guessed so. The question was what your codes happens to be. As I 
mentioned, I didn't find your name in the Busybox sources, and we are on 
the Busybox list here,

Am I free to use any code you wrote for Nokia as I wish?


Of course it's up to you whether you care or not. But you are strongly
advocating that others shouldn't care.

I am not advocating anything, that is already the case, that's why you
don't have hordes of people saying please, please, enforce my code!.
I am merely explaining why.
  
Strange. 

Re: Amusing article about busybox

2012-02-22 Thread Rich Felker
On Wed, Feb 22, 2012 at 04:33:20PM +0200, Felipe Contreras wrote:
 On Wed, Feb 22, 2012 at 7:06 AM, Rogelio Serrano
 rogelio.serr...@gmail.com wrote:
  On Tue, Feb 21, 2012 at 10:33 PM, Felipe Contreras
  thats very interesting... so i can use linux in my product and not
  tell anyone about it?
 
  Huh? It doesn't matter if people know that you are using Linux or not.
  In order for a lawsuit to get started, I'd assume it has to be started
  or blessed by the damaged parties; the copyright owners. Since the
  copyright owners, Linux developers, have no interest in any of this,
  you can't sue a company for not distributing Linux's sources, unless
 
  wait, WHAT! thats so troublesome for me in so many ways...
 
 The copyright owner owns the code, and he can do whatever he wants it
 it, including to allow a company that violated the GPL to keep
 distributing the program without publishing the sources. Say, the
 company gives some kind of remuneration in return for a custom
 (non-GPL) license. It's all up to the owner.
 
 The law would get involved only when the damaged party requests so.
 Somebody might have punched me in the face, but I don't press charges,
 nobody can do it for me. In a divorce, the wife doesn't want any of
 the money from the husband, nobody can threat legal action to get it.
 
 The GPL license is a contract between the copyright owner and the user
 of the code (i.e. the company), only the damaged party (the copyright
 owner) can make any claims. Linux developers are not interested in
 enforcement, therefore nobody can do legal threats on their behalf...
 Unless by GPL proxy, which exploits the loophole that they haven't
 explicitly said they don't want enforcement either.

I think you've misrepresented the loophole a bit. There's no way
Busybox copyright holders can *force* the infringing party to comply
with the GPL on Linux. If it went to court, all the Busybox copyright
holders could do is get an injunction against further distribution of
Busybox and collect damages for the infringement that already
happened, and only if those damages were sufficient to bankrupt and
buy out the infringing company could Busybox stop the infringement
against Linux.

Of course the idea is that you don't go to court, but instead settle
out of court, and that the terms of the settlement require the
infringing party to fix their GPL compliance issues on all software
they're using, not just Busybox. Thus, compliance with the GPL on
Linux becomes a contractual obligation (per the settlement) to the
Busybox copyright holders, in addition to the (unenforced) obligation
to the Linux copyright holders.

Rich
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Re: Amusing article about busybox

2012-02-21 Thread Felipe Contreras
On Tue, Feb 21, 2012 at 7:00 AM, Rogelio Serrano
rogelio.serr...@gmail.com wrote:
 On Tue, Feb 21, 2012 at 2:12 AM, Felipe Contreras
 felipe.contre...@gmail.com wrote:
 On Wed, Feb 15, 2012 at 11:02 PM, Cathey, Jim jcat...@ciena.com wrote:
 My (lay) understanding of this is that there are two separate
 issues:

 1) Company contributes (back) to the project.
 2) Company provides sources of whatever they did.

 Obviously #1 is preferable, assuming the mods are palatable,
 but only #2 is required.  It would take an interested (and
 possibly third) party to fold #2's back to #1's.

 All this discussion seems to be focused on #1, but Sony
 is (?) in the #2 camp.  Unless maybe they're in #3:

 3) Company takes sources and never exhibits its modifications.

 I thought that only #3's were liable.  #2's are merely annoying.

 The problem is that the whole Sony would be liable, even if only parts
 of it did #3 (by mistake), and other parts did their duty, even #1.

 does the law see it that way? can you sue only the division
 responsible for the violation? no. the law says its one big entity and
 we cant do anything about it. so one part violates the law the entire
 entity violated the law.

Yeah, and that's a problem for good divisions in a company that
doesn't care much.

  % git log --author=sony.com --oneline | wc -l
  190

 At least they seem to be doing something for the Linux kernel, so I
 don't buy this Sony wants to do something illegal (#3).

 Cheers.

 i myself want guarantees. not just their word that they will behave.
 oops my bad! just doesnt cut it. if its not gpl im not contributing.

There will never be a guarantee that they will become community
members, which is what I care about.

Either way, busybox is not that important, Linux is. Linux developers
don't care about enforcement, so if busybox does, the only thing that
will be achieved is that companies will stop using busybox.

I'm just trying to explain you _why_ that is going to happen.

You want your stick, well, why would companies go to the only place
you can actually use it?

-- 
Felipe Contreras
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Re: Amusing article about busybox

2012-02-21 Thread Rogelio Serrano
On Tue, Feb 21, 2012 at 2:15 PM, Felipe Contreras
 i myself want guarantees. not just their word that they will behave.
 oops my bad! just doesnt cut it. if its not gpl im not contributing.

 There will never be a guarantee that they will become community
 members, which is what I care about.


contributing is voluntary right? they can contribute when they want
to. i just dont like them building a better product on code i
contributed then bitch slap me with it. its just way cheaper to
collaborate.

 Either way, busybox is not that important, Linux is. Linux developers
 don't care about enforcement, so if busybox does, the only thing that

thats very interesting... so i can use linux in my product and not
tell anyone about it? in my previous job we wanted to do just that but
didnt because we didnt have resources to answer a lawsuit. maybe ill
give my former bosses a call...

 will be achieved is that companies will stop using busybox.

 I'm just trying to explain you _why_ that is going to happen.

 You want your stick, well, why would companies go to the only place
 you can actually use it?

 --
 Felipe Contreras

that's your opinion. you work with traditional companies and i dont.

-- 
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Re: Amusing article about busybox

2012-02-21 Thread Rogelio Serrano
On Tue, Feb 21, 2012 at 10:33 PM, Felipe Contreras
 thats very interesting... so i can use linux in my product and not
 tell anyone about it?

 Huh? It doesn't matter if people know that you are using Linux or not.
 In order for a lawsuit to get started, I'd assume it has to be started
 or blessed by the damaged parties; the copyright owners. Since the
 copyright owners, Linux developers, have no interest in any of this,
 you can't sue a company for not distributing Linux's sources, unless

wait, WHAT! thats so troublesome for me in so many ways...

 you do it by proxy through some other component that is GPL, and that
 the copyright owners explicitly blessed this legal proceeding; busybox
 developers.

 Just tell your ex-boss not to use busybox.


its against my interest to tell them. they went for a very expensive
proprietary os and i stuck with linux and busybox but i digress.

 --
 Felipe Contreras

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Re: Amusing article about busybox

2012-02-20 Thread Felipe Contreras
On Wed, Feb 15, 2012 at 11:02 PM, Cathey, Jim jcat...@ciena.com wrote:
 My (lay) understanding of this is that there are two separate
 issues:

 1) Company contributes (back) to the project.
 2) Company provides sources of whatever they did.

 Obviously #1 is preferable, assuming the mods are palatable,
 but only #2 is required.  It would take an interested (and
 possibly third) party to fold #2's back to #1's.

 All this discussion seems to be focused on #1, but Sony
 is (?) in the #2 camp.  Unless maybe they're in #3:

 3) Company takes sources and never exhibits its modifications.

 I thought that only #3's were liable.  #2's are merely annoying.

The problem is that the whole Sony would be liable, even if only parts
of it did #3 (by mistake), and other parts did their duty, even #1.

 % git log --author=sony.com --oneline | wc -l
 190

At least they seem to be doing something for the Linux kernel, so I
don't buy this Sony wants to do something illegal (#3).

Cheers.

-- 
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Re: Amusing article about busybox

2012-02-20 Thread Rogelio Serrano
On Tue, Feb 21, 2012 at 2:12 AM, Felipe Contreras
felipe.contre...@gmail.com wrote:


 The problem is that the whole Sony would be liable, even if only parts
 of it did #3 (by mistake), and other parts did their duty, even #1.


isnt it the same when they violate a contract with their ip suppliers
or someone elses copyright?? the company gets sued. gpl enforcement
doesnt get special powers, do they?

why doesnt sony ask for the same treatment from non gpl suppliers?

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Re: Amusing article about busybox

2012-02-15 Thread Bernd Petrovitsch
On Mit, 2012-02-15 at 03:41 +0200, Felipe Contreras wrote:
 On Sun, Feb 12, 2012 at 12:29 PM, Bernd Petrovitsch
 be...@petrovitsch.priv.at wrote:
  On Son, 2012-02-12 at 01:26 +0200, Felipe Contreras wrote:
  On Sun, Feb 12, 2012 at 1:14 AM, Rich Felker dal...@aerifal.cx wrote:
  [...]
  It doesn't matter why the GPL exists, it only matters why the
  copyright holders chose it. If they realize the GPL is doing a
  disservice to them, they might choose something else.
 
  But you cannot change the license of already released versions *and* you
  need the agreement of all copyright holders to change the license.
 
 So? Licenses do change. It is not a pleasant process, in some projects
 more painful than others, but they do change if they must.

No, licenses do not change on their own, but *people* change a license.

*People* can change the license for new source code and tell all others.
You cannot rewrite history and change the license later on.

And a license as such does not change itself. And there is a reason, why
some people do not choose the automatic update option as in GPLv2 or
later (though other would like to have it) - no one knows what's in the
next release.

Perhaps the interpretation of an existing license (text) changes or
needs to be clarified for certain situations (new ones or not so new
ones). Or some laws or court orders change it.

But all this is driven by *people* and people have a reason.
So in each of these discussions, please think about who pushes for the
change and - even more important - who benefits from that change in what
way and who looses something - independent of any word games people play
and any presented reasoning.
The latter one is usually just the sales stuff and the other 90% - the
drawbacks - of the implications are kept secret. Welcome to lobbyism and
politics as such ...

  And that's what some (if not many) people motivates to work on GPL
  software (and to not work with other licenses).
 
 As the GPLv3 vs GPLv2 divide demonstrates; not all people have the
 same expectations about what the GPL should do.

But it is IMHO very clear what's the intention and spirit behind GPLv3
and GPLv3 (if we ignore that some people always try to redefine words to
change some written text) and the wording as such cannot be changed.

If the license doesn't fit you, take another one.
If that project has a given license, you either accept it (and your
contributed stuff also falls under that license) or shouldn't contribute
at all.
If you misunderstand the license and it's implications, *you* may have a
problem.

Bernd
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Re: Amusing article about busybox

2012-02-15 Thread Felipe Contreras
On Wed, Feb 15, 2012 at 10:34 AM, Bernd Petrovitsch
be...@petrovitsch.priv.at wrote:
 On Mit, 2012-02-15 at 03:41 +0200, Felipe Contreras wrote:
 On Sun, Feb 12, 2012 at 12:29 PM, Bernd Petrovitsch
 be...@petrovitsch.priv.at wrote:
  On Son, 2012-02-12 at 01:26 +0200, Felipe Contreras wrote:
  On Sun, Feb 12, 2012 at 1:14 AM, Rich Felker dal...@aerifal.cx wrote:
  [...]
  It doesn't matter why the GPL exists, it only matters why the
  copyright holders chose it. If they realize the GPL is doing a
  disservice to them, they might choose something else.
 
  But you cannot change the license of already released versions *and* you
  need the agreement of all copyright holders to change the license.

 So? Licenses do change. It is not a pleasant process, in some projects
 more painful than others, but they do change if they must.

 No, licenses do not change on their own, but *people* change a license.

Yes... Licenses are not live beings =/

 *People* can change the license for new source code and tell all others.
 You cannot rewrite history and change the license later on.

Of course, nobody suggested otherwise.

 And a license as such does not change itself. And there is a reason, why
 some people do not choose the automatic update option as in GPLv2 or
 later (though other would like to have it) - no one knows what's in the
 next release.

Nobody is saying licenses change by themselves.

 Perhaps the interpretation of an existing license (text) changes or
 needs to be clarified for certain situations (new ones or not so new
 ones). Or some laws or court orders change it.

 But all this is driven by *people* and people have a reason.
 So in each of these discussions, please think about who pushes for the
 change and - even more important - who benefits from that change in what
 way and who looses something - independent of any word games people play
 and any presented reasoning.

Developers. It's only the developers that choose the license in which
they develop.

 The latter one is usually just the sales stuff and the other 90% - the
 drawbacks - of the implications are kept secret. Welcome to lobbyism and
 politics as such ...

Again, developers (copyright holders) are free to choose whatever
license they want. If they don't like what you do with their code, and
that's allowed by the GPL, they might change it. Why would they use a
license that doesn't do what they want?

  And that's what some (if not many) people motivates to work on GPL
  software (and to not work with other licenses).

 As the GPLv3 vs GPLv2 divide demonstrates; not all people have the
 same expectations about what the GPL should do.

 But it is IMHO very clear what's the intention and spirit behind GPLv3
 and GPLv3 (if we ignore that some people always try to redefine words to
 change some written text) and the wording as such cannot be changed.

 If the license doesn't fit you, take another one.

Exactly.

But that's not easy, it's much more efficient to just tell people to
avoid busybox on products, the end result is the same; proxy
company-wide enforcement is avoided.

-- 
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Re: Amusing article about busybox

2012-02-15 Thread Ralf Friedl

Felipe Contreras wrote:
On Sun, Feb 12, 2012 at 4:47 AM, Ralf Friedl ralf.fri...@online.de 
wrote:
 

Felipe Contreras wrote:
   

True, there are exceptions.
  

There are more exceptions.
You seem to imply that without enforcement of the GPL, there would 
magically
appear more companies who want to contribute to open source, but you 
provide

no argument why that would happen.



It depends on what kinds of enforcement; abusive
company-wide-without-regards-to-specific-units, that is also started
as a proxy without consent from the original copy-right holders; no, I
don't think companies would be too happy to use such code, much less
contribute to it.
  

Let's get some facts straight.
Sony wants to avoid the GPL busybox not because of busybox itself, but 
because they fear that they can be forced to comply with the GPL on 
Linux, and they want to avoid that. They know that they break the 
license, and they want to replace busybox so that they can continue to 
break the kernel license. There are different opinions about this 
behavior. You want to defend Sony's god given right to violate the 
kernel license, I think it's a shame that the kernel license isn't 
enforced by the developers themselves, but the fact is that Sony intends 
to continue to violate the kernel license and replacing busybox is just 
a means to the end.


Companies that are happy to contribute are not affected by enforcement. 
Companies that are not so happy but play by the rules anyway are also 
not affected, although they might wonder why they should continue to 
follow the rules if there is no incentive to do so. Affected are only 
the companies that violate the license, and continue to violate the 
license. I already asked why you think that these companies would change 
their view if there is no enforcement, and instead of an answer, you 
provided a diversion. So I conclude that we agree that non-enforcement 
is not the way to get companies to contribute.


I already mentioned that it is not possible to enforce copyright without 
consent from the copyright holders, and you repeat it here anyway, so it 
seems that inconvenient facts don't influence your opinion.



In fact, the opposite is true.


Right... there is absolutely no company that avoids the GPL because of
this abusive enforcement. Wait a second, what about Sony? Sure, maybe
Sony is not a good community member _today_, but it might be at some
point, and it would certainly not be contributing to busybox.

I am pretty sure there's plenty of companies that they only lesson
they learned from being targets of GPL enforcement is to avoid GPL
code.
  
That remark was in the context of providing existing source code, as 
required by the GPL, in case you didn't notice. More source code was 
provided by enforcement then by waiting and doing nothing.


Again you imply that Sony might contribute something at some point, so I 
ask you: why would Sony suddenly start to contribute to busybox or 
toybox on a voluntary base, when they don't want to contribute to the 
kernel despite their obligation to do so?


Well, maybe some companies learned that they should avoid the GPL, 
others, even those that were the targets of enforcement probably learned 
that it is a license they have to comply with (gasp!), just like all 
their other licenses and contracts.



The
companies that comply with the GPL do that anyway. Most of that other
companies do the bare minimum to comply with the GPL. They also do 
the bare
minimum to comply with BSD code, which means they do nothing, 
although it

would be trivially easy for them to share their modifications.


Some do the minimum, not all.

I already explained that for *developers* the bare minimum is almost
worthless, what is needed is community involvement, and walking around
with a stick does not help a single bit.
  
You might consider the bare minimum to be be almost worthless, but 
without enforcement the bare minimum is zero and therefor completely 
worthless.
I consider a working source to be far from worthless, but I see that 
such a view would impact your argument.


If you say the the code is licensed under the GPL, but you promise to 
never

enforce the license, you might as well call it public domain.



Do not tell me what I expect from the licensees, that's up to me to 
decide.


I expect contributions back. If you are a good member of society, you
most likely will at least publish your modifications, that's good, but
I strongly prefer if you contribute back. If you are a bad member of
society, expect bad publicity, as you are not doing what you are
supposed to do.
  
I didn't tell you what to expect from a license, so please leave your 
straw men at home.
I said that there is in effect no difference between public domain, 
please please share your modification and GPL, but I won't do anything 
if you violate it.
By your own definition, Sony is not a good member of society. And please 
provide examples where the bad 

RE: Amusing article about busybox

2012-02-15 Thread Cathey, Jim
My (lay) understanding of this is that there are two separate
issues:

1) Company contributes (back) to the project.
2) Company provides sources of whatever they did.

Obviously #1 is preferable, assuming the mods are palatable,
but only #2 is required.  It would take an interested (and
possibly third) party to fold #2's back to #1's.

All this discussion seems to be focused on #1, but Sony
is (?) in the #2 camp.  Unless maybe they're in #3:

3) Company takes sources and never exhibits its modifications.

I thought that only #3's were liable.  #2's are merely annoying.

Free means free.  Free to be a bit of a jerk about it, if that's
what they want to do.  Free to obfuscate all the code, free to
rot13 all the non-keyword vowels in the code, etc.  So long as
they make the results available.

-- Jim

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Re: Amusing article about busybox

2012-02-14 Thread Felipe Contreras
On Sun, Feb 12, 2012 at 4:47 AM, Ralf Friedl ralf.fri...@online.de wrote:
 Felipe Contreras wrote:

 On Sat, Feb 11, 2012 at 8:19 PM, Bradley M. Kuhn bk...@ebb.org wrote:


 Felipe Contreras wrote at 15:16 (EST) yesterday:


 Enforcement only ensures that we would get the bare minimum (legal)
 from the company, and IMO that doesn't help much.


 OpenWRT and SamyGo are two excellent counterexamples.  While in both
 cases, BusyBox GPL enforcement yielded only a bare minimum release, that
 bare minimum was enough to spawn new upstream projects.


 True, there are exceptions.


 There are more exceptions.
 You seem to imply that without enforcement of the GPL, there would magically
 appear more companies who want to contribute to open source, but you provide
 no argument why that would happen.

It depends on what kinds of enforcement; abusive
company-wide-without-regards-to-specific-units, that is also started
as a proxy without consent from the original copy-right holders; no, I
don't think companies would be too happy to use such code, much less
contribute to it.

 In fact, the opposite is true.

Right... there is absolutely no company that avoids the GPL because of
this abusive enforcement. Wait a second, what about Sony? Sure, maybe
Sony is not a good community member _today_, but it might be at some
point, and it would certainly not be contributing to busybox.

I am pretty sure there's plenty of companies that they only lesson
they learned from being targets of GPL enforcement is to avoid GPL
code.

 The
 companies that comply with the GPL do that anyway. Most of that other
 companies do the bare minimum to comply with the GPL. They also do the bare
 minimum to comply with BSD code, which means they do nothing, although it
 would be trivially easy for them to share their modifications.

Some do the minimum, not all.

I already explained that for *developers* the bare minimum is almost
worthless, what is needed is community involvement, and walking around
with a stick does not help a single bit.

 If you say the the code is licensed under the GPL, but you promise to never
 enforce the license, you might as well call it public domain.

Do not tell me what I expect from the licensees, that's up to me to decide.

I expect contributions back. If you are a good member of society, you
most likely will at least publish your modifications, that's good, but
I strongly prefer if you contribute back. If you are a bad member of
society, expect bad publicity, as you are not doing what you are
supposed to do.

 And if you are
 not prepared to sue as a last resort, all other attempts of enforcement are
 futile in most cases.

I don't care. No amount of enforcement is going to make them send
clean patches to the mailing list, so why should I care?

 Companies don't ignore the GPL because it is so hard
 to understand, they deal with much more complicated contracts. They ignore
 the GPL because they can, and you seem to imply that they should be free to
 do so.

Companies are not single entities, like people, but it seems that
concept just doesn't sink in with many people.

 On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:


 And few people, if any, would be interested in updating busybox on
 their TVs, or such.


 With regard to TV's, in particular, SamyGo is a clear counter-example on
 that point as well.


 SamyGo includes much more than just busybox.


 You seem to want to dismiss the fact your claim was wrong that users aren't
 interested in the source for busybox and other programs on their devices.

So you are saying that there's people out there that want to update
*only* busybox on their TV's? I find that hard to believe.

 Felipe Contreras wrote at 15:16 (EST) yesterday:


 Google's Android team opens their code (eventually), but most of
 that code has not been merged to the Linux kernel, therefore, it's
 basically useless to developers.


 I think the Cyanogenmod community -- both users and developers -- would
 disagree with you on that.  As a Cyangoenmod user, I certainly do.  And,
 as Rich Felker pointed out elsewhere in the thread:


 Cyanogenmod is not Linux. I am talking about the original
 _developers_, the ones that wrote Linux, since that's what Android
 uses, and has not contributed back.


 The sources are available, that does not mean that anybody is forced to use
 these modification.
 As you specifically mention the Linux kernel, a lot of companies have
 contributed code that is in the main kernel, so there has been benefit for
 the original developers.

Not thanks to enforcement. There's no stick you can use to achieve that.

 Other code is considered not good enough for
 inclusion in the main kernel, but the code it there, and it is possible to
 use and improve this code.

It's _possible_ but nobody is going to do it. The only *efficient* way
to achieve this without loosing one's sanity is to actively invite
companies to become part of the community, and educate them about the

Re: Amusing article about busybox

2012-02-14 Thread Felipe Contreras
On Sun, Feb 12, 2012 at 10:42 PM, Rich Felker dal...@aerifal.cx wrote:
 On Sun, Feb 12, 2012 at 01:26:23AM +0200, Felipe Contreras wrote:
 On Sun, Feb 12, 2012 at 1:14 AM, Rich Felker dal...@aerifal.cx wrote:
  In my book the wishes of the copyright holders are virtually
  worthless. It's the rights of users that matter. GPL exists to protect
  the rights of people who receive software, not the rights of people
  who write it. If you write GPL software with the intention of not
  enforcing the GPL and discouraging others from enforcing it, and then
  use the fact that it's GPL to allow yourself to incorporate
  thousands of contributions and code snippets adopted from other GPL
  projects, you're barely one notch above infringers on the moral
  scale..

 Yes, that is the all so usual free software vs. open source divide in
 approaches.

 It doesn't matter why the GPL exists, it only matters why the
 copyright holders chose it. If they realize the GPL is doing a
 disservice to them, they might choose something else.

 You mean they might decide to start over and write something new from
 scratch without all the GPL-only contributions they've accumulated.
 Good luck to them...

You mean the GPL-only contributions from people that *do not agree*
with the license change. Depending on the project that might be
difficult, and some code would certainly need to be rewritten, but
it's not unheard of.

  No, Toybox being open source has nothing to do with Sony. It was open
  source many years before Sony was involved.

 OK. I would say then we would have to wait and see if Sony
 contributes, but really, the complexities of big companies make it so
 sometimes by their own policy they cannot contribute directly, so they
 create a separate entity which can contribute, and they do so under a
 name that is not sony.com. Crazy, but I've seen it happen _exactly_
 like that.

 Why should I care if they contribute? The quality of code that comes
 out of corporate environments is (on average) so abysmal that it's
 probably part of the reason things like Android remain forks rather
 than getting integrated upstream. I really don't want Sony's or even
 Google's code in itself. I want users to have access to their
 platforms as a foundation for disencumbering their devices.

You can want whatever you want. What Linux developers want is for
Google'd Android team to become active part of the community, and
learn how to submit clean patches.

I for one have been working on the Maemo team in Nokia, and the code
quality of the developers on our side was good enough to get patches
into the upstream kernel relatively easy. With time and effort, our
partner for quite some time, TI, managed to get confident as well.

You can grab the latest Linux kernel and run this command:

% git log -p --no-merges -- arch/arm/mach-omap2

You would see many clean patches coming directly from TI developers,
and you can see a quite active linux-omap mailing list with open
discussions.

Nobody had to sue anybody for that to happen. And that's what Linux
developers want.

Good luck getting their approval for this kind of pointless
enforcement on their behalf.

Cheers.

-- 
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Re: Amusing article about busybox

2012-02-12 Thread Bernd Petrovitsch
On Son, 2012-02-12 at 01:26 +0200, Felipe Contreras wrote:
 On Sun, Feb 12, 2012 at 1:14 AM, Rich Felker dal...@aerifal.cx wrote:
[...]
 It doesn't matter why the GPL exists, it only matters why the
 copyright holders chose it. If they realize the GPL is doing a
 disservice to them, they might choose something else.

But you cannot change the license of already released versions *and* you
need the agreement of all copyright holders to change the license.

And that's what some (if not many) people motivates to work on GPL
software (and to not work with other licenses).

Bernd
-- 
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Re: Amusing article about busybox

2012-02-12 Thread Rich Felker
On Sun, Feb 12, 2012 at 01:26:23AM +0200, Felipe Contreras wrote:
 On Sun, Feb 12, 2012 at 1:14 AM, Rich Felker dal...@aerifal.cx wrote:
  In my book the wishes of the copyright holders are virtually
  worthless. It's the rights of users that matter. GPL exists to protect
  the rights of people who receive software, not the rights of people
  who write it. If you write GPL software with the intention of not
  enforcing the GPL and discouraging others from enforcing it, and then
  use the fact that it's GPL to allow yourself to incorporate
  thousands of contributions and code snippets adopted from other GPL
  projects, you're barely one notch above infringers on the moral
  scale..
 
 Yes, that is the all so usual free software vs. open source divide in
 approaches.
 
 It doesn't matter why the GPL exists, it only matters why the
 copyright holders chose it. If they realize the GPL is doing a
 disservice to them, they might choose something else.

You mean they might decide to start over and write something new from
scratch without all the GPL-only contributions they've accumulated.
Good luck to them...

  No, Toybox being open source has nothing to do with Sony. It was open
  source many years before Sony was involved.
 
 OK. I would say then we would have to wait and see if Sony
 contributes, but really, the complexities of big companies make it so
 sometimes by their own policy they cannot contribute directly, so they
 create a separate entity which can contribute, and they do so under a
 name that is not sony.com. Crazy, but I've seen it happen _exactly_
 like that.

Why should I care if they contribute? The quality of code that comes
out of corporate environments is (on average) so abysmal that it's
probably part of the reason things like Android remain forks rather
than getting integrated upstream. I really don't want Sony's or even
Google's code in itself. I want users to have access to their
platforms as a foundation for disencumbering their devices.

Rich
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Re: Amusing article about busybox

2012-02-11 Thread Mark Constable
On 11/02/12 16:41, Rogelio Serrano wrote:
 we might as well just rewrite linux under a more permissive license...

Feel free, have fun. Not that anyone cares but I wouldn't be using it.

I am guessing but I suspect a lot of the intellectual semantics of how
busybox works will be transferred to toybox without attribution. That
is all fine and legal but I would be curious to know if a close parallel
project like toybox has in any way contributed *anything* back to the
busybox project even though they are borrowing the core concept?

Guessing again, I suspect not and if so then it nicely illustrates why
the the GPL is important and should be enforced where ever possible, to
help prevent one way dilution of intellectual concepts, let alone code.
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Re: Amusing article about busybox

2012-02-11 Thread Felipe Contreras
On Sat, Feb 11, 2012 at 1:56 AM, Rich Felker dal...@aerifal.cx wrote:
 On Fri, Feb 10, 2012 at 10:16:06PM +0200, Felipe Contreras wrote:
 We don't care about compliance, compliance is almost useless. What we
 need is for them to become members of the community, and that can only
 happen within, by a change in culture, understanding how open source
 works.

 It would work just as well for them to give the competitive advantage
 to companies that are complying. You have to think about global
 effects on the software ecosystem, not just a single company.

The competitive advantage doesn't come from compliance, it comes from
being a good community member.

 Google's Android team opens their code (eventually), but most of that
 code has not been merged to the Linux kernel, therefore, it's
 basically useless to developers. I hope I don't have to tell you that
 many people are angry about this, and have called Android a fork. How
 are you going to solve this? Suing?

 If developers care about its utility to them, they can read and merge
 the code.

Then why hasn't the Android code been merged?

That's not how development works.

 What matters a lot more is utility to users who have
 received Android devices, who want to be able to use their hardware
 without the encumbrance of the vendor-shipped crapware. The fact that
 the source code is public and free makes a huge difference to them.

If their devices are not locked.

And few people, if any, would be interested in updating busybox on
their TVs, or such.

Keep up with enforcement, and eventually you would have only a few
pieces of software with GPL to enforce on consumer devices.

Besides, if you really care about users, why not wait until some user
requests GPL enforcement? I bet many consumer devices would not have a
single user that requests that.

 Enforcement only ensures that we would get the bare minimum (legal)
 from the company, and IMO that doesn't help much.

 Enforcement creates a cost for companies that take advantage of free
 software and refuse to play by the rules. This in turn helps give
 competitive advantage to the ones who do play by the rules, and
 creates an incentive for the ones who are infringing to change their
 behavior.

They already have a competitive advantage. Enforcement is only making
companies that otherwise be good citizens (Sony) walk away,
fragmenting the community, and decreasing the competitive advantage of
compliant companies.

  Otherwise, many companies merely ignore the GPL.

 GPL is not important; it's just a tool. What is important for
 developers is to get contributions back.

 In the case of Sony, this tool is doing the opposite; not only is it
 taking potential contributions from Sony away, but it's encouraging
 other people to do the same (since toybox is also open source).

 Toybox has little to do with Sony. Rob can be abrasive, but I've
 known him a long time, and his main interest in Toybox is frustration
 with all the hideous hacks, obfuscation, ...

That's not what he has been telling the people that are running the
toybox stories.

 Perhaps it's time to write a special clause that says that the scope
 of busybox enforcement should be restricted to busybox (not used as a
 proxy).

 Why? I would hope many developers would be against such a policy. The
 most useful part of Busybox enforcement is as a proxy. Nobody actually
 cares about the modifications to Busybox (if any); they care about the
 kernel patches and other stuff that's essential to using the hardware
 Busybox is distributed on.

Exactly. And if you don't see how that's unfair, and abusive, I guess
there's nothing else to discuss.

It seems to me like you are exploiting a legal loophole to play a
political game against companies to use a bigger stick as you can,
regardless from the wishes of the copyright holders, and without users
requesting any of that.

People would walk away from the GPL tanks to this, specially on the
software you use as proxy, in order to diminish your abuse. And this
is just doing a disservice to the open source community.

Cheers.

-- 
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Re: Amusing article about busybox

2012-02-11 Thread Rich Felker
On Sat, Feb 11, 2012 at 08:05:26PM +1000, Mark Constable wrote:
 On 11/02/12 16:41, Rogelio Serrano wrote:
  we might as well just rewrite linux under a more permissive license...
 
 Feel free, have fun. Not that anyone cares but I wouldn't be using it.
 
 I am guessing but I suspect a lot of the intellectual semantics of how
 busybox works will be transferred to toybox without attribution. That

This is actually completely false and shows that you haven't even
bothered to read the most basic description of Toybox's goals and
design principles. In many ways, Busybox has a lot more in common with
coreutils, util-linux, BSD, etc. code than with Toybox, because the
latter is a clean implementation largely from scratch written largely
from the standards rather than from copying implementation behavior.

 is all fine and legal but I would be curious to know if a close parallel
 project like toybox has in any way contributed *anything* back to the
 busybox project even though they are borrowing the core concept?

The core concept (a multi-function binary) is neither an original
concept nor a valuable one. The value of Busybox is not any abstract
concepts but simply the facts that it works, it's relatively complete,
and it's very small.

 Guessing again, I suspect not and if so then it nicely illustrates why
 the the GPL is important and should be enforced where ever possible, to
 help prevent one way dilution of intellectual concepts, let alone code.

I'm not quite sure what prevent one way dilution of intellectual
concepts means, but it sounds very scary and antithetical to the
goals of even the most zealous free software advocates...

Rich
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Re: Amusing article about busybox

2012-02-11 Thread Rich Felker
On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
  What matters a lot more is utility to users who have
  received Android devices, who want to be able to use their hardware
  without the encumbrance of the vendor-shipped crapware. The fact that
  the source code is public and free makes a huge difference to them.
 
 If their devices are not locked.
 
 And few people, if any, would be interested in updating busybox on
 their TVs, or such.

That's why it's so important that Busybox act as a proxy to
enforcement of other GPL infringement. The important thing to get is
the kernel and other system components. Busybox is likely unmodified
or barely-modified anyway.

 Besides, if you really care about users, why not wait until some user
 requests GPL enforcement? I bet many consumer devices would not have a
 single user that requests that.

That's what Busybox does. It seems you're completely unaware of what
you're talking about, because almost all Busybox enforcement efforts
stem from users being upset to find Busybox on a device they bought
and want to hack around with, and no sign of source code anywhere.

 They already have a competitive advantage. Enforcement is only making
 companies that otherwise be good citizens (Sony) walk away,
 fragmenting the community, and decreasing the competitive advantage of
 compliant companies.

Sony is the antithesis of good citizen in every possible way.

Rich
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Re: Amusing article about busybox

2012-02-11 Thread Felipe Contreras
On Sat, Feb 11, 2012 at 3:31 PM, Rich Felker dal...@aerifal.cx wrote:
 On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
  What matters a lot more is utility to users who have
  received Android devices, who want to be able to use their hardware
  without the encumbrance of the vendor-shipped crapware. The fact that
  the source code is public and free makes a huge difference to them.

 If their devices are not locked.

 And few people, if any, would be interested in updating busybox on
 their TVs, or such.

 That's why it's so important that Busybox act as a proxy to
 enforcement of other GPL infringement. The important thing to get is
 the kernel and other system components. Busybox is likely unmodified
 or barely-modified anyway.

But Linux people have not requested GPL enforcement. So you are most
likely acting against the wishes of the copyright holders. Probably
the only reason they don't make an amendment to the license to
prohibit this, is that they don't care enough. Toybox would solve the
problem anyway.

 Besides, if you really care about users, why not wait until some user
 requests GPL enforcement? I bet many consumer devices would not have a
 single user that requests that.

 That's what Busybox does. It seems you're completely unaware of what
 you're talking about, because almost all Busybox enforcement efforts
 stem from users being upset to find Busybox on a device they bought
 and want to hack around with, and no sign of source code anywhere.

Fair enough.

 They already have a competitive advantage. Enforcement is only making
 companies that otherwise be good citizens (Sony) walk away,
 fragmenting the community, and decreasing the competitive advantage of
 compliant companies.

 Sony is the antithesis of good citizen in every possible way.

Then why are they making Toybox open? Is anybody suing them to do that? No.

You don't understand how big companies work. Sony might not have a
culture of open source, but there's people inside Sony that do, like
Tim Bird, and they are pushing to change the culture, and they'll do
it, with time, and success stories.

Toybox being open source is proof that parts of Sony are good
citizens, and they would probably be contributing to Busybox if it
wasn't because of the SFC.

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Re: Amusing article about busybox

2012-02-11 Thread Laurent Bercot
 Sony is the antithesis of good citizen in every possible way.
 Then why are they making Toybox open? Is anybody suing them to do that? No.

 Your premises are wrong.

 Toybox wasn't made by Sony. Toybox was made by Rob Landley.
 Sony is merely *using* Toybox. They chose to do so because Toybox's
license is more permissive than Busybox's.


 Toybox being open source is proof that parts of Sony are good
 citizens, and they would probably be contributing to Busybox if it
 wasn't because of the SFC.

 No. Toybox being open source is proof that Rob is a good citizen;
and Sony's decision to use it instead of Busybox is proof that big
companies are afraid of the GPL and *will* choose non-copylefted
open source software if there is an alternative.

 The day Sony releases some open source software will be champagne
for everyone. But this day won't happen in the current decade, oh no.

-- 
 Laurent
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Re: Amusing article about busybox

2012-02-11 Thread Bradley M. Kuhn
Felipe Contreras wrote at 15:16 (EST) yesterday:
 Enforcement only ensures that we would get the bare minimum (legal)
 from the company, and IMO that doesn't help much.

OpenWRT and SamyGo are two excellent counterexamples.  While in both
cases, BusyBox GPL enforcement yielded only a bare minimum release, that
bare minimum was enough to spawn new upstream projects.

 On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
 And few people, if any, would be interested in updating busybox on
 their TVs, or such.

With regard to TV's, in particular, SamyGo is a clear counter-example on
that point as well.

Felipe Contreras wrote at 15:16 (EST) yesterday:
 Google's Android team opens their code (eventually), but most of
 that code has not been merged to the Linux kernel, therefore, it's
 basically useless to developers.

I think the Cyanogenmod community -- both users and developers -- would
disagree with you on that.  As a Cyangoenmod user, I certainly do.  And,
as Rich Felker pointed out elsewhere in the thread:
  What matters a lot more is utility to users who have received
  Android devices, who want to be able to use their hardware without
  the encumbrance of the vendor-shipped crapware. The fact that the
  source code is public and free makes a huge difference to them.
...
 If developers care about its utility to them, they can read and
 merge the code. What matters a lot more is utility to users who have
 received Android devices, who want to be able to use their hardware
 without the encumbrance of the vendor-shipped crapware. The fact
 that the source code is public and free makes a huge difference to
 them.

Felipe Contreras also wrote at 15:16 (EST) yesterday:
 many people are angry about [Android kernel code not being
 upstream], and have called Android a fork. How are you going to
 solve this?  Suing?

AFAICT, the Google release of Android's Linux fork is in compliance with
GPL, which means the community has access to the improvements.  I think
it's a mistake to conflate issues raised by forking (which GPL permits)
with issues raised by complete failure to comply with GPLv2§3.

Rich Felker wrote at 08:31 (EST):
 That's why it's so important that Busybox act as a proxy to
 enforcement of other GPL infringement. The important thing to get is
 the kernel and other system components. Busybox is likely unmodified
 or barely-modified anyway.

While I agree with Rich's statement above, I want to reiterate that
getting scripts to control compilation and installation of the
executable for BusyBox is an essential issue under GPLv2 and those
scripts are likely very different from firmware to firmware.  At least,
I've seen them to be quite different in various source releases I've
helped liberate through GPL enforcement for BusyBox.

 Besides, if you really care about users, why not wait until some user
 requests GPL enforcement? I bet many consumer devices would not have a
 single user that requests that.

 That's what Busybox does. It seems you're completely unaware of what
 you're talking about, because almost all Busybox enforcement efforts
 stem from users being upset to find Busybox on a device they bought
 and want to hack around with, and no sign of source code anywhere.

I can confirm this.  Indeed, IIRC, every BusyBox enforcement I've been
involved with has started with a report from a curious user who found
BusyBox in a device or firmware that (s)he bought/downloaded.

 They already have a competitive advantage. Enforcement is only making
 companies that otherwise be good citizens (Sony) walk away,
 fragmenting the community, and decreasing the competitive advantage
 of compliant companies.

 Sony is the antithesis of good citizen in every possible way.

Well, to be fair to Sony, I'm not aware of any Sony GPL violation.
g...@busybox.net has gotten a few vague reports, but I've never seen a
confirmed violation by Sony, so I presume they're abiding by GPL
currently.  While this might not make them a good citizen, I think the
fact of Sony's apparent GPL compliance means the statement quoted above
is an exaggeration.

Laurent Bercot wrote at 11:08 (EST) today:
 Toybox wasn't made by Sony. Toybox was made by Rob Landley.  Sony
is merely *using* Toybox.

Indeed.  I encourage everyone to be fair to Tim Bird on this: Tim claims
that Sony *doesn't* support the ToyBox initiative, but that it's his
personal support that he's given to Rob and ToyBox.  I've pointed out to
Tim that it is confusing that he's giving that support using his
sony.com email address, which is what led me to believe it was a Sony
initiative.  But Tim has clarified this point publicly, so I am going to
take Tim at his word on that (but I'll continue to encourage Tim to
cease using his sony.com email address to endorse things that Sony
doesn't endorse).

FWIW, I'm trying to schedule a meeting with Tim Bird at Embedded Linux
Conference next week.  I still maintain that a lot of what Tim posted on
the LWN thread is based on 

Re: Amusing article about busybox

2012-02-11 Thread Felipe Contreras
On Sat, Feb 11, 2012 at 8:19 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 Felipe Contreras wrote at 15:16 (EST) yesterday:
 Enforcement only ensures that we would get the bare minimum (legal)
 from the company, and IMO that doesn't help much.

 OpenWRT and SamyGo are two excellent counterexamples.  While in both
 cases, BusyBox GPL enforcement yielded only a bare minimum release, that
 bare minimum was enough to spawn new upstream projects.

True, there are exceptions.

 On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
 And few people, if any, would be interested in updating busybox on
 their TVs, or such.

 With regard to TV's, in particular, SamyGo is a clear counter-example on
 that point as well.

SamyGo includes much more than just busybox.

 Felipe Contreras wrote at 15:16 (EST) yesterday:
 Google's Android team opens their code (eventually), but most of
 that code has not been merged to the Linux kernel, therefore, it's
 basically useless to developers.

 I think the Cyanogenmod community -- both users and developers -- would
 disagree with you on that.  As a Cyangoenmod user, I certainly do.  And,
 as Rich Felker pointed out elsewhere in the thread:

Cyanogenmod is not Linux. I am talking about the original
_developers_, the ones that wrote Linux, since that's what Android
uses, and has not contributed back.

  What matters a lot more is utility to users who have received
  Android devices, who want to be able to use their hardware without
  the encumbrance of the vendor-shipped crapware. The fact that the
  source code is public and free makes a huge difference to them.
 ...
 If developers care about its utility to them, they can read and
 merge the code. What matters a lot more is utility to users who have
 received Android devices, who want to be able to use their hardware
 without the encumbrance of the vendor-shipped crapware. The fact
 that the source code is public and free makes a huge difference to
 them.

 Felipe Contreras also wrote at 15:16 (EST) yesterday:
 many people are angry about [Android kernel code not being
 upstream], and have called Android a fork. How are you going to
 solve this?  Suing?

 AFAICT, the Google release of Android's Linux fork is in compliance with
 GPL, which means the community has access to the improvements.  I think
 it's a mistake to conflate issues raised by forking (which GPL permits)
 with issues raised by complete failure to comply with GPLv2§3.

The end result for developers (who originally chose the license) is
the same; no code contributed back. If they don't release anything
(violating the GPL), or if they put their thousands of changes on a
single patch in an FTP server (complying with the GPL) doesn't make
much difference to the _developers_.

 Laurent Bercot wrote at 11:08 (EST) today:
 Toybox wasn't made by Sony. Toybox was made by Rob Landley.  Sony
is merely *using* Toybox.

 Indeed.  I encourage everyone to be fair to Tim Bird on this: Tim claims
 that Sony *doesn't* support the ToyBox initiative, but that it's his
 personal support that he's given to Rob and ToyBox.  I've pointed out to
 Tim that it is confusing that he's giving that support using his
 sony.com email address, which is what led me to believe it was a Sony
 initiative.  But Tim has clarified this point publicly, so I am going to
 take Tim at his word on that (but I'll continue to encourage Tim to
 cease using his sony.com email address to endorse things that Sony
 doesn't endorse).

Even if Sony was supporting ToyBox internally, it would not issue any
statement publicly, and would encourage employees to refrain from
making any statements that the company has not approved. And they
don't have a reason to make any statement.

Tim Bird is probably being too outspoken, and might get some call of
attention to refrain doing so.

 FWIW, I'm trying to schedule a meeting with Tim Bird at Embedded Linux
 Conference next week.  I still maintain that a lot of what Tim posted on
 the LWN thread is based on second-hand confusions and misrepresentations
 of Conservancy's and Erik Andersen's positions in BusyBox GPL
 enforcement actions.  My hope is that I can convince Tim that there's no
 reason to have such great fear of GPL (and, after all, Sony will still
 be using Linux, which is also GPL'd).

But Linux's developers have expressed no interest in the GPL being
enforced for their project.

 I don't think any of the outcomes
 Tim fears are likely to happen -- at least due to Conservancy
 enforcement, anyway.  I hope I can convince Tim of this fact when I see
 him.

It doesn't matter what outcomes Tim fears, it only matters what Sony
lawyers fear, and the SFC said they wouldn't do it is not any legal
assurance. Somebody else might.

 Felipe Contreras wrote at 15:16 (EST) yesterday:
 Yes, but s/would/could/. From what I've read, you make no
 distinction on product lines. And that's worrying.

 I'm curious to know what you've read that makes you believe that.  I
 said pretty 

Re: Amusing article about busybox

2012-02-11 Thread Rich Felker
On Sat, Feb 11, 2012 at 04:47:25PM +0200, Felipe Contreras wrote:
 On Sat, Feb 11, 2012 at 3:31 PM, Rich Felker dal...@aerifal.cx wrote:
  On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
   What matters a lot more is utility to users who have
   received Android devices, who want to be able to use their hardware
   without the encumbrance of the vendor-shipped crapware. The fact that
   the source code is public and free makes a huge difference to them.
 
  If their devices are not locked.
 
  And few people, if any, would be interested in updating busybox on
  their TVs, or such.
 
  That's why it's so important that Busybox act as a proxy to
  enforcement of other GPL infringement. The important thing to get is
  the kernel and other system components. Busybox is likely unmodified
  or barely-modified anyway.
 
 But Linux people have not requested GPL enforcement. So you are most
 likely acting against the wishes of the copyright holders. Probably

In my book the wishes of the copyright holders are virtually
worthless. It's the rights of users that matter. GPL exists to protect
the rights of people who receive software, not the rights of people
who write it. If you write GPL software with the intention of not
enforcing the GPL and discouraging others from enforcing it, and then
use the fact that it's GPL to allow yourself to incorporate
thousands of contributions and code snippets adopted from other GPL
projects, you're barely one notch above infringers on the moral
scale..

  They already have a competitive advantage. Enforcement is only making
  companies that otherwise be good citizens (Sony) walk away,
  fragmenting the community, and decreasing the competitive advantage of
  compliant companies.
 
  Sony is the antithesis of good citizen in every possible way.
 
 Then why are they making Toybox open? Is anybody suing them to do that? No.

Sony is not making Toybox, not making Toybox open. Toybox is Rob
Landley's project that existed long before Sony had any interest in
it, and it's still unclear how much interest they have in it. I heard
they're paying somebody (not Rob) to work on it, probably because it's
smarter to work with the upstream developer who knows the project
inside out than to fork your own version and develop it in a closed
environment.

 Toybox being open source is proof that parts of Sony are good
 citizens, and they would probably be contributing to Busybox if it
 wasn't because of the SFC.

No, Toybox being open source has nothing to do with Sony. It was open
source many years before Sony was involved.

Rich
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Re: Amusing article about busybox

2012-02-11 Thread Felipe Contreras
On Sun, Feb 12, 2012 at 1:14 AM, Rich Felker dal...@aerifal.cx wrote:
 On Sat, Feb 11, 2012 at 04:47:25PM +0200, Felipe Contreras wrote:
 On Sat, Feb 11, 2012 at 3:31 PM, Rich Felker dal...@aerifal.cx wrote:
  On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
   What matters a lot more is utility to users who have
   received Android devices, who want to be able to use their hardware
   without the encumbrance of the vendor-shipped crapware. The fact that
   the source code is public and free makes a huge difference to them.
 
  If their devices are not locked.
 
  And few people, if any, would be interested in updating busybox on
  their TVs, or such.
 
  That's why it's so important that Busybox act as a proxy to
  enforcement of other GPL infringement. The important thing to get is
  the kernel and other system components. Busybox is likely unmodified
  or barely-modified anyway.

 But Linux people have not requested GPL enforcement. So you are most
 likely acting against the wishes of the copyright holders. Probably

 In my book the wishes of the copyright holders are virtually
 worthless. It's the rights of users that matter. GPL exists to protect
 the rights of people who receive software, not the rights of people
 who write it. If you write GPL software with the intention of not
 enforcing the GPL and discouraging others from enforcing it, and then
 use the fact that it's GPL to allow yourself to incorporate
 thousands of contributions and code snippets adopted from other GPL
 projects, you're barely one notch above infringers on the moral
 scale..

Yes, that is the all so usual free software vs. open source divide in
approaches.

It doesn't matter why the GPL exists, it only matters why the
copyright holders chose it. If they realize the GPL is doing a
disservice to them, they might choose something else.

  They already have a competitive advantage. Enforcement is only making
  companies that otherwise be good citizens (Sony) walk away,
  fragmenting the community, and decreasing the competitive advantage of
  compliant companies.
 
  Sony is the antithesis of good citizen in every possible way.

 Then why are they making Toybox open? Is anybody suing them to do that? No.

 Sony is not making Toybox, not making Toybox open. Toybox is Rob
 Landley's project that existed long before Sony had any interest in
 it, and it's still unclear how much interest they have in it. I heard
 they're paying somebody (not Rob) to work on it, probably because it's
 smarter to work with the upstream developer who knows the project
 inside out than to fork your own version and develop it in a closed
 environment.

Right, I was confused.

 Toybox being open source is proof that parts of Sony are good
 citizens, and they would probably be contributing to Busybox if it
 wasn't because of the SFC.

 No, Toybox being open source has nothing to do with Sony. It was open
 source many years before Sony was involved.

OK. I would say then we would have to wait and see if Sony
contributes, but really, the complexities of big companies make it so
sometimes by their own policy they cannot contribute directly, so they
create a separate entity which can contribute, and they do so under a
name that is not sony.com. Crazy, but I've seen it happen _exactly_
like that.

Cheers.

-- 
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Re: Amusing article about busybox

2012-02-11 Thread Ralf Friedl

Felipe Contreras wrote:

On Sat, Feb 11, 2012 at 8:19 PM, Bradley M. Kuhn bk...@ebb.org wrote:
  

Felipe Contreras wrote at 15:16 (EST) yesterday:


Enforcement only ensures that we would get the bare minimum (legal)
from the company, and IMO that doesn't help much.


OpenWRT and SamyGo are two excellent counterexamples.  While in both
cases, BusyBox GPL enforcement yielded only a bare minimum release, that
bare minimum was enough to spawn new upstream projects.


True, there are exceptions.
  

There are more exceptions.
You seem to imply that without enforcement of the GPL, there would 
magically appear more companies who want to contribute to open source, 
but you provide no argument why that would happen. In fact, the opposite 
is true. The companies that comply with the GPL do that anyway. Most of 
that other companies do the bare minimum to comply with the GPL. They 
also do the bare minimum to comply with BSD code, which means they do 
nothing, although it would be trivially easy for them to share their 
modifications.


If you say the the code is licensed under the GPL, but you promise to 
never enforce the license, you might as well call it public domain. And 
if you are not prepared to sue as a last resort, all other attempts of 
enforcement are futile in most cases. Companies don't ignore the GPL 
because it is so hard to understand, they deal with much more 
complicated contracts. They ignore the GPL because they can, and you 
seem to imply that they should be free to do so.



On Sat, Feb 11, 2012 at 03:00:38PM +0200, Felipe Contreras wrote:
  

And few people, if any, would be interested in updating busybox on
their TVs, or such.


With regard to TV's, in particular, SamyGo is a clear counter-example on
that point as well.


SamyGo includes much more than just busybox.
  
You seem to want to dismiss the fact your claim was wrong that users 
aren't interested in the source for busybox and other programs on their 
devices.



Felipe Contreras wrote at 15:16 (EST) yesterday:


Google's Android team opens their code (eventually), but most of
that code has not been merged to the Linux kernel, therefore, it's
basically useless to developers.


I think the Cyanogenmod community -- both users and developers -- would
disagree with you on that.  As a Cyangoenmod user, I certainly do.  And,
as Rich Felker pointed out elsewhere in the thread:


Cyanogenmod is not Linux. I am talking about the original
_developers_, the ones that wrote Linux, since that's what Android
uses, and has not contributed back.
  
The sources are available, that does not mean that anybody is forced to 
use these modification.
As you specifically mention the Linux kernel, a lot of companies have 
contributed code that is in the main kernel, so there has been benefit 
for the original developers. Other code is considered not good enough 
for inclusion in the main kernel, but the code it there, and it is 
possible to use and improve this code.



I don't think any of the outcomes
Tim fears are likely to happen -- at least due to Conservancy
enforcement, anyway.  I hope I can convince Tim of this fact when I see
him.


It doesn't matter what outcomes Tim fears, it only matters what Sony
lawyers fear, and the SFC said they wouldn't do it is not any legal
assurance. Somebody else might.
  

Sony's fears seem very important for you.
Maybe it hasn't occurred to you or to Sony's lawyers, but from a legal 
point of view they could get exactly the same result if they say Here 
on this server is the source for busybox x.y.z, it includes the 
configuration we used to build the binary. (Of course, they should not 
just say that, but also do it.) That shouldn't be too complicated, they 
would be in full compliance, and it would be much easier than to replace 
busybox and test a replacement.



Felipe Contreras wrote at 15:16 (EST) yesterday:


Yes, but s/would/could/. From what I've read, you make no
distinction on product lines. And that's worrying.


I'm curious to know what you've read that makes you believe that.  I
said pretty clearly in my previous emails that Conservancy's goal in
BusyBox enforcement is to avoid doing many things that copyright law
would allow us to do, in the interest of friendly discussions with the
violator.  I think what you might have read might have been FUD, or
perhaps a misconstruing of something I wrote.



You and I have already a huge difference in opinion in what is
desirable and fair regarding how to advance the open source movement.
I don't even want to imagine what Sony lawyers are thinking.

SFC _can_ shutdown unrelated product lines that are compliant, and SFC
_can_ request compliance for things other than busybox. Lawyers are
probably not interested in your goals, but what can be done.
  
Microsoft could send an update that breaks an important application, 
they reserved the right to do that in the EULA, and it has 

Re: Amusing article about busybox

2012-02-10 Thread Felipe Contreras
On Wed, Feb 8, 2012 at 8:10 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 Felipe Contreras wrote at 14:43 (EST) on Tuesday:

 Really? So Sony can violate the GPL in some small product, and it
 would not affect other product lines, like TVs?

 Technically, it *does* impact other products.

No, it doesn't.

 The question is whether
 or not Conservancy, as BusyBox's enforcement agent, would *insist* that
 a company stop distributing *compliant* products when other products are
 out of compliance.

Yes, but s/would/could/. From what I've read, you make no distinction
on product lines. And that's worrying.

 You must not know how a big company works. It's not a matter of
 resources; it's a matter of control and organization. The bigger a
 company is, the more difficult it is to have tight control over all
 areas.

 I do know somewhat how big companies work: they spend resources on
 things that matter to them, and ignore things that don't.

Big companies are comprised of many units, and divisions, and groups,
and teams, and ultimately people. People do things everyday on the
name of the company that the CEO might think are not worth spending
resources on.

Where resources are spent on is not as clear-cut as you make it seem.

 In my
 experience, GPL enforcement is the only way to get GPL compliance to
 matter to them.

We don't care about compliance, compliance is almost useless. What we
need is for them to become members of the community, and that can only
happen within, by a change in culture, understanding how open source
works.

Google's Android team opens their code (eventually), but most of that
code has not been merged to the Linux kernel, therefore, it's
basically useless to developers. I hope I don't have to tell you that
many people are angry about this, and have called Android a fork. How
are you going to solve this? Suing?

Enforcement only ensures that we would get the bare minimum (legal)
from the company, and IMO that doesn't help much.

 Otherwise, many companies merely ignore the GPL.

GPL is not important; it's just a tool. What is important for
developers is to get contributions back.

In the case of Sony, this tool is doing the opposite; not only is it
taking potential contributions from Sony away, but it's encouraging
other people to do the same (since toybox is also open source).

Perhaps it's time to write a special clause that says that the scope
of busybox enforcement should be restricted to busybox (not used as a
proxy).

Cheers.

-- 
Felipe Contreras
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Re: Amusing article about busybox

2012-02-10 Thread Rich Felker
On Fri, Feb 10, 2012 at 10:16:06PM +0200, Felipe Contreras wrote:
 We don't care about compliance, compliance is almost useless. What we
 need is for them to become members of the community, and that can only
 happen within, by a change in culture, understanding how open source
 works.

It would work just as well for them to give the competitive advantage
to companies that are complying. You have to think about global
effects on the software ecosystem, not just a single company.

 Google's Android team opens their code (eventually), but most of that
 code has not been merged to the Linux kernel, therefore, it's
 basically useless to developers. I hope I don't have to tell you that
 many people are angry about this, and have called Android a fork. How
 are you going to solve this? Suing?

If developers care about its utility to them, they can read and merge
the code. What matters a lot more is utility to users who have
received Android devices, who want to be able to use their hardware
without the encumbrance of the vendor-shipped crapware. The fact that
the source code is public and free makes a huge difference to them.

 Enforcement only ensures that we would get the bare minimum (legal)
 from the company, and IMO that doesn't help much.

Enforcement creates a cost for companies that take advantage of free
software and refuse to play by the rules. This in turn helps give
competitive advantage to the ones who do play by the rules, and
creates an incentive for the ones who are infringing to change their
behavior.

  Otherwise, many companies merely ignore the GPL.
 
 GPL is not important; it's just a tool. What is important for
 developers is to get contributions back.
 
 In the case of Sony, this tool is doing the opposite; not only is it
 taking potential contributions from Sony away, but it's encouraging
 other people to do the same (since toybox is also open source).

Toybox has little to do with Sony. Rob can be abrasive, but I've
known him a long time, and his main interest in Toybox is frustration
with all the hideous hacks, obfuscation, and microoptimization all
over Busybox that make the code difficult to read, fix, and improve,
all for the sake of saving a few worthless bytes here and there. The
basic principle, which I fully agree with and also adopted as a core
design principle in musl, is that near-optimality in size and
performance stem naturally from simple, clean design, and that
complexity should be introduced only in cases where the simple
solution is pathologically slow or bloated.

 Perhaps it's time to write a special clause that says that the scope
 of busybox enforcement should be restricted to busybox (not used as a
 proxy).

Why? I would hope many developers would be against such a policy. The
most useful part of Busybox enforcement is as a proxy. Nobody actually
cares about the modifications to Busybox (if any); they care about the
kernel patches and other stuff that's essential to using the hardware
Busybox is distributed on.

Rich
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Re: Amusing article about busybox

2012-02-10 Thread Rogelio Serrano
On Sat, Feb 11, 2012 at 7:56 AM, Rich Felker dal...@aerifal.cx wrote:

 Perhaps it's time to write a special clause that says that the scope
 of busybox enforcement should be restricted to busybox (not used as a
 proxy).

 Why? I would hope many developers would be against such a policy. The
 most useful part of Busybox enforcement is as a proxy. Nobody actually
 cares about the modifications to Busybox (if any); they care about the
 kernel patches and other stuff that's essential to using the hardware
 Busybox is distributed on.

 Rich
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we might as well just rewrite linux under a more permissive license...

-- 
quarq consulting: agile, open source
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Re: Amusing article about busybox

2012-02-09 Thread Bernd Petrovitsch
On Mon, 2012-02-06 at 14:47 -0200, Matheus Izvekov wrote:
 On Mon, Feb 6, 2012 at 1:38 PM, Bernd Petrovitsch
 be...@petrovitsch.priv.at wrote:
  On Mon, 2012-02-06 at 13:11 -0200, Matheus Izvekov wrote:
  []
  I think there are two main points about this:
  The first is that I agree with Tim that suspending the license is a
  big issue for any company wishing to ship busybox,
  much more so if all of their other unrelated products are held
  hostage. Any litigation regarding busybox should remain
 
  That's a question of legal systems, laws and how that works in general -
  and it works in pretty all areas of life that way BTW.
  And if it is truly such a big issue for them, why they are risking it
  in the first place?
 
 I am only responding to this bit because it represents a false
 assumption about what I was advocating for,
 and this propagates to all the parts of your response below.

Oh, I'm glad that you think you know my assumptions. SCNR ...

 What I am saying has nothing to do with what the GPL text itself says,
 it might as well say anything.

Yup, the above holds basically for all licenses.

 The law firm which is advancing these lawsuits is responding to
 someone, Denys I suppose, and this
 person has the power to decide to sue or not, independently of what
 the license actually says.
 What I am advocating for is more discretion in this decision, taking
 into account what can be gained
 from it, and what can be the costs.

BTW you failed to propose alternatives to not suing and analyze these
alternatives and think about the consequences.
And you fail to analyze what will happen if no one is suing on GPL
license breaches (independent of the motivation, reason and what what
other excuse comes up).
And don't forget to take the timeline and the life span of typical
products.

The cost of not suing is mainly: No one will ever adhere to the
license if no one enforces it. Because - obviously - no one is
interested in enforcing the license and - thus - the risk is pretty
minimal zo zero.
It is as simple as that. And it is the same in other areas (in some
jurisdictions).

 This might sound wrong to the more idealistically inclined, but I am
 saying that the busybox legal representative should take more into
 account than the mere 'not complying with the license'.

First and foremost, it's their - the authors rights/copyrights holders -
decision.
Secondly, I trust any reasonable person here (and the main busybox
contributors and maintainers are reasonable IMHO) to think about it and
not just sue because they feel today like it (and contrary to popular
beliefs, a sue is a lot of - additional - work on the own side).

Perhaps you should contribute (much more) to busybox to feel more like
them.

And why should they and what can the gain from - to put it simply - not
suing?
And why do you want to talk them out of suing?

 It's what executives at most companies do, they don't sue willy nilly,
 contrary to popular belief. They realize there are huge costs
 involved, and they at least have an ulterior motive, even if that
 sometimes is a flawed reasoning about avoiding damages. Even if they
 sometimes are very wrong about the payoffs, they are at least trying
 to take them into consideration.

That's precisely the point. Then think about why they risk such an
obvious(!) sue (and public shame and ...) by not adhering to the
license?

In the commercial world, one would phone and talk to get money for the
licenses afterwards or whatever compensation.
Then, one would think about the impact on the business on both sides
(depending on the jurisdiction there are vast different ways to handle
the risks of law suits. Most law suits never happen anyway because if
the other company is significantly larger than my own, I have nearly no
chance unless I have a very strong case *and* solve the funding problem
for the law suit ) - but - and that hasn't arrived in the
proprietary commercial old-economy heads yet - we have here a
different game.

That's IMHO one of the reasons behind the patent absurdity (grant as
much patents as possible independent of the historical necessities like
must be new, must not be trivial, must not be maths/logic - as if
software is not applied maths and/or logic as such -, etc. to all areas
of life) in the last 15(?) years because the patent law pretty much
allows corporations to enforce the old-school rules of the game (which
is: I have more commercial power, I'm right. It's as simple as that.).

Bernd
-- 
Bernd Petrovitsch  Email : be...@petrovitsch.priv.at
 LUGA : http://www.luga.at

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Re: Amusing article about busybox

2012-02-09 Thread Matheus Izvekov
On Wed, Feb 8, 2012 at 5:09 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 As mentioned elsewhere in this thread, 99.999% of enforcement actions
 never go to litigation, and Conservancy always allows and even
 encourages the company to continue distributing the products out of
 compliance, as long as the company is actively working to come into
 compliance in a verifiable way.  The goal is to convince the company to
 be a compliant redistributor of GPL'd software, and demanding a stop of
 shipment would not help toward that goal.

The problem here is not that you rarely use the 'big stick', but that
you can use it at all.
The license is not very clear about how far it can be suspended, and
how can it be reinstated.
The text can not be changed now for clarification because it's too
complicated, too many copyright holders would have to be tracked and
asked to consent to it.
Next best thing is to assure potential adopters that we have a very
lenient interpretation of the license, and give them reason to believe
that using GPLed code is not
as a huge liability as they are led to believe it is now, which I
think is about what the position of the linux foundation is.

 One of the important things to note is that, while GPL enforcement is
 typically done *by* the upstream copyright holders, it is done *on
 behalf* of the users who got the product with BusyBox in it.  Most of
 our violation reports come from frustrated users who found BusyBox in a
 product that they bought.

 In the embedded market, the biggest problem is that the distributions of
 BusyBox fail to include the scripts to control compilation and
 installation of the executable, which the GPLv2 requires.

 As such, users who wish to take a new upstream version of BusyBox and
 install it on their device are left without any hope of doing so.  Most
 embedded-market GPL enforcement centers around remedying this.

And this is a second problem I am seeing with the whole thing.
The busybox copyright is being used to enforce a whole set of ideologies
about 'platform hackability' that are not clearly implied in the
license text and
not every copyright holder agrees.
The very fact that busybox positions itself as GPLv2 only and not 'or later'
should be a very big clue here.


 Indeed, enforcement has brought some great successes in this regard.  As
 I wrote on in my blog post on this subject (at
 http://sfconservancy.org/blog/2012/feb/01/gpl-enforcement/ ), both the
 OpenWRT and SamyGo firmware modification communities were launched
 because of source releases yielded in past BusyBox enforcement actions.
 Getting the scripts to control compilation and installation of the
 executable for those specific devices are what enabled these new
 upstream firmware projects to get started.

Again, don't think everyone is onboard with this idea of using busybox
copyright to achieve this.
While I very much would like that all these products were developed
with the intent of making it
easier to be hacked by the users, I don't think it's fair to require
them to be so, and neither is the
GPLv2 generally understood to require it.

 This is hard to know when an enforcement actions begins; we don't
 normally find out until the end, because, of course, initially, there's
 no source to examine.  Detailed and time-consuming analysis of the
 binary would be the only way to determine that up-front.

Not necessarily that hard to figure out. A lot can be gained from just
seeing how it is being called,
given that any modifications are probably going to be used, or else
they wouldn't have any reason to
modify the code in the first place.
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Re: Amusing article about busybox

2012-02-09 Thread Bradley M. Kuhn
Bernd Petrovitsch wrote at 06:49 (EST):
 The cost of not suing is mainly: No one will ever adhere to the
 license if no one enforces it.

I agree with this statement above wholeheartedly, although I'd like to
again make the distinction between lawsuits and mere enforcement
actions that don't go to litigation.  I think we should do a good
amount of the latter, and only do the former when it's absolutely
necessary.  Lawsuits take a lot of time away from other enforcement
actions, which means ultimately less compliance gets done, so I prefer
to do something that can get more source to more users.

Matheus Izvekov wrote at 09:25 (EST):
 The busybox copyright is being used to enforce a whole set of
 ideologies about 'platform hackability' that are not clearly implied
 in the license text and not every copyright holder agrees.  The very
 fact that busybox positions itself as GPLv2 only and not 'or later'
 should be a very big clue here.

To be abundantly clear, when Conservancy does enforcement on behalf of
BusyBox, Conservancy *only* seeks GPLv2 compliance for BusyBox.  I'm
incredibly careful to only ask for GPLv2 compliance on GPLv2-only
programs, BSD-license compliance on BSD-licensed programs, etc.  I
discussed this in my blog post that I linked to earlier.

Note, though, that GPLv2 does require:

  The source code for a work means the preferred form of the work for
  making modifications to it.  For an executable work, complete source
  code means all the source code for all modules it contains, plus any
  associated interface definition files, plus the scripts used to
  control compilation and installation of the executable.

Conservancy requires that the source for any GPLv2'd programs provide
sources that meet that definition.  For example, it's widely believe
that keys for cryptographically locked down hardware are not part of the
source code for GPLv2-only programs, so that's not required by
Conservancy unless a GPLv3 program is also present (e.g., Samba).

 First and foremost, it's their - the authors rights/copyrights holders
 - decision.

Indeed, and Conservancy makes sure that some major copyright holders
approve its actions during enforcement.  For example, I've
spoken to Erik and Denys both on the phone since this recent public
debate started.  We're exploring tweaks on the enforcement process we
use now based on feedback received on this thread.

 Secondly, I trust any reasonable person here (and the main busybox
 contributors and maintainers are reasonable IMHO) to think about it
 and not just sue because they feel today like it (and contrary to
 popular beliefs, a sue is a lot of - additional - work on the own
 side).

We all *hate* suing.  It takes tons of time: Erik had to fly to NYC for
two depositions, I had to be deposed three times, and Conservancy
basically did no other GPL enforcement/compliance work while the main
litigants were pending in the suit.  We're only going to sue again as a
last resort on a company that is totally non-responsive.  Lawsuits have
always been a last resort: that won't change.

 Because - obviously - no one is interested in enforcing the license

Anyway, I continue to maintain that the key problem here is that BusyBox
has been alone in doing enforcement, basically worldwide, for at least a
few years.  I think getting more projects involved will address a lot of
concerns, and I'm working to coordinate that.
-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-08 Thread Bradley M. Kuhn
Felipe Contreras wrote at 14:43 (EST) on Tuesday:

 Really? So Sony can violate the GPL in some small product, and it
 would not affect other product lines, like TVs?

Technically, it *does* impact other products.  The question is whether
or not Conservancy, as BusyBox's enforcement agent, would *insist* that
a company stop distributing *compliant* products when other products are
out of compliance.

It's true that in very egregious cases, only after years of litigation,
Conservancy ended up asking the court for that.  However, that's
happened twice in the entire 12 year history of GPL enforcement I've
done, and I'd already warned the company multiple times we'd need to ask
the court for that remedy since they weren't fixing their compliance
problems.

A company would basically need to willfully ignore contact and
discussion with Conservancy for many months before they got in the
situation of being sued in the first place.  Then, they'd further have
to be incredibly non-responsive after the lawsuit was filed to ever have
the situation that Tim suggests.  And after hundreds of
enforcement actions, that situation only ever came close to happening
twice, and in fact, in one of those two situations, Conservancy settled
the lawsuit before the judge even decided whether to grant the
injunction.

 You must not know how a big company works. It's not a matter of
 resources; it's a matter of control and organization. The bigger a
 company is, the more difficult it is to have tight control over all
 areas.

I do know somewhat how big companies work: they spend resources on
things that matter to them, and ignore things that don't.  In my
experience, GPL enforcement is the only way to get GPL compliance to
matter to them.  Otherwise, many companies merely ignore the GPL.
(Others, I should note, like Red Hat, HP, Google, etc. do a good job
without any enforcement actions against them, because they have decided
it's the right thing to do and just comply.)

-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-08 Thread Bradley M. Kuhn
Matheus Izvekov wrote at 10:11 (EST) on Monday:

 The first is that I agree with Tim that suspending the license is a
 big issue for any company wishing to ship busybox, much more so if all
 of their other unrelated products are held hostage.

 Any litigation regarding busybox should remain
 confined to the offending product and the enforcement of busybox
 itself only. 

As mentioned elsewhere in this thread, 99.999% of enforcement actions
never go to litigation, and Conservancy always allows and even
encourages the company to continue distributing the products out of
compliance, as long as the company is actively working to come into
compliance in a verifiable way.  The goal is to convince the company to
be a compliant redistributor of GPL'd software, and demanding a stop of
shipment would not help toward that goal.

 A small list of things we (?) may want in return, in order of
 importance: 1) Code

One of the important things to note is that, while GPL enforcement is
typically done *by* the upstream copyright holders, it is done *on
behalf* of the users who got the product with BusyBox in it.  Most of
our violation reports come from frustrated users who found BusyBox in a
product that they bought.

In the embedded market, the biggest problem is that the distributions of
BusyBox fail to include the scripts to control compilation and
installation of the executable, which the GPLv2 requires.

As such, users who wish to take a new upstream version of BusyBox and
install it on their device are left without any hope of doing so.  Most
embedded-market GPL enforcement centers around remedying this.

Indeed, enforcement has brought some great successes in this regard.  As
I wrote on in my blog post on this subject (at
http://sfconservancy.org/blog/2012/feb/01/gpl-enforcement/ ), both the
OpenWRT and SamyGo firmware modification communities were launched
because of source releases yielded in past BusyBox enforcement actions.
Getting the scripts to control compilation and installation of the
executable for those specific devices are what enabled these new
upstream firmware projects to get started.

 Does the product in question ship a patched busybox at all? Is
 there any reason to believe that?

This is hard to know when an enforcement actions begins; we don't
normally find out until the end, because, of course, initially, there's
no source to examine.  Detailed and time-consuming analysis of the
binary would be the only way to determine that up-front.

 Now, to see in which position this would put busybox, my question is,
 what has been gained so far from suing?

Note again that very very few enforcement actions involved litigation.
Of hundreds of enforcement actions, only about 17 were lawsuits.  Most
enforcement is a more-or-less friendly conversation and assistance given
to help the company into compliance with the GPL.
-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-08 Thread Bradley M. Kuhn
Matheus Izvekov wrote at 11:47 (EST) on Monday:
 The law firm which is advancing these lawsuits is responding to
 someone, Denys I suppose, and this person has the power to decide to
 sue or not

Note that there is no law firm involved anymore.  Conservancy is a
non-profit entity that isn't a law firm and does enforcement on behalf
of copyright holders of its projects.  Conservancy used to work with a
law firm called the SFLC, but does not do so anymore.  Conservancy hires
outside counsel on contingency fee to handle the (rare, see previous
email) litigation.

Nearly all enforcement actions don't involve litigation.  They are
handled primarily by technical staff and myself, not lawyers.
-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-08 Thread Bradley M. Kuhn
Greetings, Tim, I'm hoping we can chat further about all this at Embedded
Linux Conference!  I think there are a lot of misconceptions going around
that maybe a face-to-face conversation between us can help clear up.

Bernhard has brought you into a thread occurring on BusyBox's mailing
list, which I understand fully if you don't want to be dragged into.  Also
the list requires one to be a subscriber to post, so I completely
understand if you don't want to go to the trouble of subscribing.

On Feb 8, 2012 7:58 PM, Bradley M. Kuhn wrote:
 Technically, it *does* impact other products.  The question is whether
 or not Conservancy, as BusyBox's enforcement agent, would *insist* that
 a company stop distributing *compliant* products when other products are
 out of compliance.

Bernhard Reutner-Fischer replied today:
 How would you, ever? Can you elaborate or point to some resource,
 please?

Are you asking, How would one stop distribution of compliant products?
Well, copyright law is a huge stick, and a copyright holder can demand in
Court that distributions of their copyright works stop immediately, if
those distributions are made without license to do so.  BusyBox copyright
holders *could*, therefore, insist on that after just one violating
distribution.

Of course, we never do that!  We ask for the company to work with
Conservancy to come into compliance.  We ask the company to set the
deadlines that work for them, and to meet their own deadlines.  (I've only
once rejected a deadline, which was we'll fix it in a year.)  Usually, a
month or so is proposed and Conservancy accepts.  Infringing distribution
continues during that period; Conservancy doesn't want to disrupt their
business if the company's intentions are clearly to comply with the GPL
and fix the problems.

 It's true that in very egregious cases, only after years of litigation,
 Conservancy ended up asking the court for that.  However, that's

That as in stopping to distribute compliant products?

Actually, more specifically, by that, I meant asking a Court to order a
company to stop distributing of any kind -- compliant *or* non-compliant.
Specifically, IIRC, Conservancy has only twice filed what's called an
injunction motion in Court.

 Do you, by chance, have publically visible documentation or reference
 about these, just out of curiosity ?

I'm pretty frustrated by this, but sadly, every violator I've ever worked
with has insisted that we make the settlement agreement confidential.
Conservancy would prefer to publish them, but the other side asks them to
be confidential.

That said, there are public documents of the one Court case that
Conservancy has ever filed, which was Conservancy vs. Best Buy, et al.
There were many defendants in that case, and only one is left (as of now).
I can't comment in detail, though, because the one defendant is still
pending, and it's always bad to speak about ongoing litigation.

Generally speaking, as I said in my previous email, injunction is a remedy
Conservancy only seeks as a last resort.  While we've gotten close to that
last resort a few times, we've been able to -- until now -- settle with
the party and help them into compliance before any injunction orders were
enforced.

Frankly, I think some of the comments on LWN about Conservancy's
enforcement are talking about things that could happen, but the comments
represent them as if they are things that have happened.

To set the record straight, unlike when Sony enforces its own copyrights,
Conservancy doesn't use anything near the maximum legal means at its
disposal to attack the other side.  Our goal is to develop a positive
relationship that helps a company come into compliance.  Sometimes, that
just doesn't work and they simply ignore us for months on end.  In only
those cases -- where the violation was egregious and requests to work
together are ignored -- does Conservancy ever seek remedy in Court.

Conservancy's lawyers will probably hate that I've admitted that publicly,
because it will inspire the worst violators to simply fail to act --
always waiting for the injunction motion to be filed before coming into
compliance.  But I'm nevertheless willing to lose a little bit on
enforcement strategy to make it abundantly clear that our goal is to get
compliance on GPL'd and LGPL'd software, and we try to use as little stick
as possible to get that done, and only increase the size of the stick when
the other side egregiously ignores our requests for compliance.

Conservancy's goal here is always to help people comply.
--
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy

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Re: Amusing article about busybox

2012-02-07 Thread Bradley M. Kuhn
Denys Vlasenko wrote at 13:47 (EST) on Saturday:
 But, we are not going to be deaf - we are listening to other peoples'
 opinions and we might consider some changes to our license enforcement
 process. It would be arrogant to think that we always do everything in
 the best way possible.

Indeed, I agree with this fully.  I've been communicating with lots of
projects who enforce (or seek to enforce) the GPL through Conservancy --
which includes BusyBox -- and hopefully we'll come to a consensus on GPL
enforcement plans that takes into account input from everyone in the
community.
--
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-07 Thread Bradley M. Kuhn
[ Resend to make sure this message appears in public archive. ]

Denys Vlasenko forwarded a comment from Tim Bird,
which was Posted Feb 1, 2012 6:52 UTC (Wed) by tbird20d on LWN:
 Tim Bird says this: No. You misunderstand what unrelated products
 means. It means all the TV sets and digital cameras, which we
 properly release GPL source for. What I don't want is for some
 trivial mistake by GPL amateurs at some ODM supplier to some obscure
 product group to result in SFC having review and veto authority over
 our major Linux-based product lines. This is simply unacceptable.

I think Tim is pretty confused here, as I can't relate what he's saying
above with Conservancy's usual enforcement work.  Tim has never been involved
with a Conservancy enforcement action, so I believe Tim's retelling half-true
stories that he's heard elsewhere, and there's a misunderstanding about
what was required.

 ...Sony has standards in place that product teams are supposed to
 follow for GPL compliance. Unfortunately, I can't be sure that every
 team is following them, or won't make a mistake. In particular, I can
 't be sure of this for sub-contractors. Sub-contractors may claim
 they have given you corresponding source, but have not. It happens.

I think it's somewhat strange for a large company to say: We can't
control what my company does.  They have resources thousands upon
thousands of times greater than Conservancy, yet we can find the time to
review their product and give them feedback.  Surely they have the
resources to fix their compliance problems?

 What is intolerable is having a 3rd party hold your entire product
 line hostage, based on some issue with an unrelated product.

I have no idea what he means by hold a product line hostage.  Perhaps
it's related to the fact that elsewhere in the LWN thread, some
statements made references to pulling products off the shelves.  This
has never happened with Conservancy's enforcement.  In fact, we usually
ask for the violator to set their own deadlines for when they can come
into compliance.  We know that it sometimes takes a few months to get a
compliant source release; we're happy to work with violators about
deadlines.

To my knowledge, Tim has no first-hand knowledge of Conservancy's
enforcement efforts.  So, how does he know what our requirements are at
all?

 Well, since the SFC requests audit rights for all of a company's
 products that include GPL, I don't think the fear is irrational.

Again, I don't know what Tim means here by audit rights.  Conservancy
does ask to talk about other products, and help the company come fully
into compliance, but that's not audit rights.  I believe that Tim is
exaggerating half-true stories he's heard second- or third-hand.

I'll add that Tim has never contacted me and asked to talk with me about
Conservancy's enforcement.  I've reached out to him in the past, and
he's ignored my emails.  I think it's pretty unfair for someone to
criticize without first-hand discussions with the relevant parties.

I'm going to the same conference as Tim for the first time in a week
(Embedded Linux Conference 2012).  I'll try to talk with him directly
about the issues.
-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-07 Thread Felipe Contreras
On Tue, Feb 7, 2012 at 8:35 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 Denys Vlasenko forwarded a comment from Tim Bird,
 which was Posted Feb 1, 2012 6:52 UTC (Wed) by tbird20d on LWN:
 Tim Bird says this: No. You misunderstand what unrelated products
 means. It means all the TV sets and digital cameras, which we
 properly release GPL source for. What I don't want is for some
 trivial mistake by GPL amateurs at some ODM supplier to some obscure
 product group to result in SFC having review and veto authority over
 our major Linux-based product lines. This is simply unacceptable.

 I think Tim is pretty confused here, as I can't relate what he's saying
 above with Conservancy's usual enforcement work.  Tim has never been involved
 with a Conservancy enforcement action, so I believe Tim's retelling half-true
 stories that he's heard elsewhere, and there's a misunderstanding about
 what was required.

Really? So Sony can violate the GPL in some small product, and it
would not affect other product lines, like TVs?

 ...Sony has standards in place that product teams are supposed to
 follow for GPL compliance. Unfortunately, I can't be sure that every
 team is following them, or won't make a mistake. In particular, I can
 't be sure of this for sub-contractors. Sub-contractors may claim
 they have given you corresponding source, but have not. It happens.

 I think it's somewhat strange for a large company to say: We can't
 control what my company does.  They have resources thousands upon
 thousands of times greater than Conservancy, yet we can find the time to
 review their product and give them feedback.  Surely they have the
 resources to fix their compliance problems?

You must not know how a big company works. It's not a matter of
resources; it's a matter of control and organization. The bigger a
company is, the more difficult it is to have tight control over all
areas.

I can imagine Sony TVs having a policy of complying with the GPL, and
some other product line having an entirely different opinion, and
without a company-wide stance to open source, the communication
between SFC and Sony lawyers wouldn't be fruitful, and Sony TVs would
be affected negatively, even if that division did everything right.

Cheers.

-- 
Felipe Contreras
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Re: Amusing article about busybox

2012-02-06 Thread Matheus Izvekov
On Tue, Jan 31, 2012 at 8:05 PM, Tito farmat...@tiscali.it wrote:
 Hi,
 just to post a link to this article about a non-GPL busybox replacement 
 http://lwn.net/Articles/478249/

 Ciao,
 Tito

I think there are two main points about this:
The first is that I agree with Tim that suspending the license is a
big issue for any company wishing to ship busybox,
much more so if all of their other unrelated products are held
hostage. Any litigation regarding busybox should remain
confined to the offending product and the enforcement of busybox
itself only. Also, the companies by themselves taking
the steps to amend and make the product compliant should be sufficient
to have the license reinstated and the legal
matter dropped.
Second point is that any decision regarding whether to sue or not
should take into consideration what we want in return,
and also the overall costs involved.
A small list of things we (?) may want in return, in order of importance:
1) Code
Does the product in question ship a patched busybox at all? Is
there any reason to believe that?
   If not, then no reason to ask them to release it anyway just
for self-gratification.
Is the modification big enough to warrant all the costs and
manpower wasted in the process?
   If Denys or anyone else could reimplement it in a few hours,
then it's hardly worth all the fuss.
Do we even care about the modifications at all?
   The changes could be one big ugly hack, out of the scope, and
all other reasons
   why patches get rejected here in this mailing list.
2) Recognition
This is a more reasonable demand, as it's much much easier to
comply, easier to understand and
appreciate the motive behind it. The companies would probably not
put themselves at any disadvantage by doing this.
I suspect requesting to comply with this would hardly go as far as
into court.

Now, to see in which position this would put busybox, my question is,
what has been gained so far from suing?
Any code? Which code?
Authorship recognition? Has this even been an issue?
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Re: Amusing article about busybox

2012-02-06 Thread Bernd Petrovitsch
On Mon, 2012-02-06 at 13:11 -0200, Matheus Izvekov wrote:
[]
 I think there are two main points about this:
 The first is that I agree with Tim that suspending the license is a
 big issue for any company wishing to ship busybox,
 much more so if all of their other unrelated products are held
 hostage. Any litigation regarding busybox should remain

That's a question of legal systems, laws and how that works in general -
and it works in pretty all areas of life that way BTW.
And if it is truly such a big issue for them, why they are risking it
in the first place?

 confined to the offending product and the enforcement of busybox
 itself only. Also, the companies by themselves taking

I don't see any difference to any proprietary license.

 the steps to amend and make the product compliant should be sufficient
 to have the license reinstated and the legal
 matter dropped.
 Second point is that any decision regarding whether to sue or not
 should take into consideration what we want in return,
 and also the overall costs involved.
 A small list of things we (?) may want in return, in order of importance:
 1) Code
 Does the product in question ship a patched busybox at all? Is
 there any reason to believe that?
If not, then no reason to ask them to release it anyway just
 for self-gratification.

Well, where is the problem with releasing it if it's unchanged?

 Is the modification big enough to warrant all the costs and
 manpower wasted in the process?

In the GPL world, it's for the reader/consumer to decide that - not the
one with obligation to republish it.
And the effort is - when done seriously - pretty negligible if you
automate it for 95% of the work. You just have to keep track which
original sources you import and pull all changes out from $SCM for each
release and tar.gz it. Voila. BTDT 

If Denys or anyone else could reimplement it in a few hours,
 then it's hardly worth all the fuss.

I fail to find any of this in any GPL text. Care to explain where you
got that effort is relevant from?
And again, it's the outside to decide that (and different people may
come to a different decision).

 Do we even care about the modifications at all?
The changes could be one big ugly hack, out of the scope, and
 all other reasons
why patches get rejected here in this mailing list.

And the patches/changes could be committed right away - unless you
assume that all commercial-proprietary changes are one big ugly hack.
And again, it's the outside to decide that (and different people may
come to a different decision).

[...]
 Now, to see in which position this would put busybox, my question is,
[ deleted ]

You start at the completely wrong side: The question is *why* all these
large companies with all these very professional employees manage to
handle lots of different proprietary licenses with lots of other
companies without getting sued and fail to get it correct with the GPL
right from the start?

Bernd
-- 
Bernd Petrovitsch  Email : be...@petrovitsch.priv.at
 LUGA : http://www.luga.at

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Re: Amusing article about busybox

2012-02-06 Thread Matheus Izvekov
On Mon, Feb 6, 2012 at 1:38 PM, Bernd Petrovitsch
be...@petrovitsch.priv.at wrote:
 On Mon, 2012-02-06 at 13:11 -0200, Matheus Izvekov wrote:
 []
 I think there are two main points about this:
 The first is that I agree with Tim that suspending the license is a
 big issue for any company wishing to ship busybox,
 much more so if all of their other unrelated products are held
 hostage. Any litigation regarding busybox should remain

 That's a question of legal systems, laws and how that works in general -
 and it works in pretty all areas of life that way BTW.
 And if it is truly such a big issue for them, why they are risking it
 in the first place?


I am only responding to this bit because it represents a false
assumption about what I was advocating for,
and this propagates to all the parts of your response below.
What I am saying has nothing to do with what the GPL text itself says,
it might as well say anything.
The law firm which is advancing these lawsuits is responding to
someone, Denys I suppose, and this
person has the power to decide to sue or not, independently of what
the license actually says.
What I am advocating for is more discretion in this decision, taking
into account what can be gained
from it, and what can be the costs.
This might sound wrong to the more idealistically inclined, but I am
saying that the busybox legal representative should take more into
account than the mere 'not complying with the license'.
It's what executives at most companies do, they don't sue willy nilly,
contrary to popular belief. They realize there are huge costs
involved, and they at least have an ulterior motive, even if that
sometimes is a flawed reasoning about avoiding damages. Even if they
sometimes are very wrong about the payoffs, they are at least trying
to take them into consideration.
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Re: Amusing article about busybox

2012-02-04 Thread Denys Vlasenko
On Saturday 04 February 2012 03:57, Rogelio Serrano wrote:
 On Fri, Feb 3, 2012 at 9:38 PM, Felipe Contreras
  In order to see that you need vision, and you need some basic
  understanding of how open source works. Sadly, a lot of people don't
  have those, and instead believe in FUD, and make decisions based on
  that.
 
 too bad they just dont get to benefit from open source economics and
 that may give their competitors who do a little advantage.
 
  when you have intellectual property issues you will hate gpl. i have
  worked with companies with no IP issues whatsoever and the gpl is
  perfect.
 
  Agreed. Unfortunately most, if not all, big companies have IP. Sony for 
  example.
 
 too bad for sony. most of you will disagree but i dont think busybox
 needs the big companies to survive. small companies can keep busybox
 chugging along just fine.

Well, busybox at the moment doesn't need any companies to survive.

For example, my current employer did not hire me because I'm
a busybox guy. Neither I have any consulting contracts
related to busybox.

If tomorrow busybox project magically disappears, I would still
be employed, and I would earn exactly the same amount of money.

So I have no financial stake in making sure that busybox is still
being used by the companies, big or small.


 sometimes i think the big companies are just using their size to
 persuade developers to change the license.

Busybox is not going to change the license. (This is in fact not possible -
anyone who ever contributed to GPLv2 licensed code has a right
to demand that all future changes must be under GPLv2 too).

But, we are not going to be deaf - we are listening to other peoples'
opinions and we might consider some changes to our license enforcement
process. It would be arrogant to think that we always do everything
in the best way possible.

-- 
vda
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Re: Amusing article about busybox

2012-02-04 Thread Laurent Bercot
 Busybox is not going to change the license. (This is in fact not possible -
 anyone who ever contributed to GPLv2 licensed code has a right
 to demand that all future changes must be under GPLv2 too).
 
 But, we are not going to be deaf - we are listening to other peoples'
 opinions and we might consider some changes to our license enforcement
 process. It would be arrogant to think that we always do everything
 in the best way possible.

 Busybox provides executables, so it's a fairly independent piece of code.
I don't think the GPL is preventing busybox from being used, at all:
busybox was made to be used as is, it doesn't need to be linked against
other stuff, and it's not a basis for derivative works.
 Every company I've worked for was OK to use busybox, despite *all* of them
being totally paranoid about their IP and impervious to the idea of sharing
a single line of their proprietary code. It doesn't cost anything to give a
link to the unchanged busybox source, and it doesn't challenge their
sacrosaint IP. GPL is basically a perfect license for a tool such as
busybox.

 However, busybox is in a rather privileged place, because it practically
never has to be patched by end users. When companies need to patch open
source code to make it suit their peculiar needs, or when they need to link
against some library, that's when licensing issues arise, and that's when
companies will reject copylefted software. Unfortunately, that happens very
often: I'd say about 80% of the open source software I'm using for
professional products has to be patched sooner or later to accommodate
the product's needs. Yes, the main reason for this huge ratio is that
proprietary software authors don't know what Unix modularity is, and
can't make their shit properly communicate with other software via Unix
IPCs; nevertheless, I have to adapt and do what I can, and that often
means patching existing open source software.

 (My own, hubris-based philosophy on this is: I'd rather have the end
users of the product be happy with a good product, so I'd rather have
companies use MY software rather than a crappy alternative, even if they
don't give any source code back to the community; and since I'm the
author, if they need support, they can hire ME, and give something back
to ME. That's why I use permissive licenses for my software: I care more
about the quality of the product for the end user than about the spreading
of free software. But it's a personal choice and I'm not advocating it
for anyone else.)

 Of course, all of this has nothing to do with the question of license
enforcement whatsoever. Copyleft infringement should be fought, of course,
at least as hard as copyright infringement is.

-- 
 Laurent
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Re: Amusing article about busybox

2012-02-03 Thread Felipe Contreras
On Wed, Feb 1, 2012 at 6:46 PM, Rogelio Serrano
rogelio.serr...@gmail.com wrote:
 On Wed, Feb 1, 2012 at 8:29 PM, Felipe Contreras
 felipe.contre...@gmail.com wrote:
 On Wed, Feb 1, 2012 at 1:49 PM, Rogelio Serrano
 rogelio.serr...@gmail.com wrote:
 i think we already see that in the bsd's when companies get bsd code
 and dont give anything back.

 You mean the operating systems? I think if they used GPL, then
 companies would just use something else instead. Maybe something
 proprietary, but probably Linux.


 well linux has the momentum right now but the bsd came first. maybe
 the gpl is the reason linux overtook the bsd's or maybe its the
 development process or both. maybe its just too much centralization in
 the bsd development that held them back.

Or maybe something else also helped, that's impossible to know for
sure. But I think nowadays it's clear that many companies use BSD
because of the permissive license, if they changed to GPL, many
companies would switch.

 when you think that most significant software development will be the
 reserve of closed proprietary companies then this is a problem.

 Licenses won't change that.


 economics will. when your it department is composed of only 3 people
 and they are also the rd then yeah you need to leverage open source
 most probably gpl so a bigger company cant take your code and bitch
 slap you in the face with it.

Economics might, if the people making the decisions actually know
what's going on. Usually the change in culture is bottom up, and yes,
it's usually because of economics, but only if there's some basic
culture of open source; benefits, disadvantages, etc. (not FUD)

But the point remains: licenses don't change culture.

 well i dont need convincing the bosses to do that. thats sort of the
 strategic business policy where i work.

Most people do.

-- 
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Re: Amusing article about busybox

2012-02-03 Thread Felipe Contreras
On Wed, Feb 1, 2012 at 6:58 PM, Rogelio Serrano
rogelio.serr...@gmail.com wrote:
 On Thu, Feb 2, 2012 at 12:30 AM, Bradley M. Kuhn bk...@ebb.org wrote:
 Laurent Bercot wrote at 06:46 (EST):
 I am afraid that the uncompromising, unforgiving nature of the GPL
 will turn against it in the future, and harm more than promote
 widespread distribution of GPL'ed software - something that GPL
 zealots generally refuse to see.

 It's entirely possible this could be the case.  I don't really believe
 it is, but all we have is some second-hand, anecdotal evidence on either
 side of the debate, so it's tough to know for sure.

 But that's not a new debate: it's the fundamental debate
 that goes back 20 years between those that prefer permissive licenses
 and those that prefer copyleft.  There are reasonable arguments on both
 sides, of course.


 i dont agree. its just business economics at work. is it going to be
 cheaper in the long run to contribute or not? when its more economical
 to contribute then its better to gpl.

In order to see that you need vision, and you need some basic
understanding of how open source works. Sadly, a lot of people don't
have those, and instead believe in FUD, and make decisions based on
that.

 when you have intellectual property issues you will hate gpl. i have
 worked with companies with no IP issues whatsoever and the gpl is
 perfect.

Agreed. Unfortunately most, if not all, big companies have IP. Sony for example.

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Re: Amusing article about busybox

2012-02-03 Thread Felipe Contreras
On Wed, Feb 1, 2012 at 6:30 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 But, I also think it's a contradiction to say: I prefer a
 copylefted license but don't want it to be enforced.  I don't think anyone
 on this thread has said that, but it has been said in some of the public
 debates in other fora in the last 24 hours.

I do. I expect contributions back on my projects, thus the GPL
license, but I would rather have my software used in millions of
products, than waste time fighting for a couple of patches (or none).
If you want to be good, you know what to do, if you want to be bad,
well, bad for you.

Practically, the only thing I would ensure with legal action is to get
my software to be out of millions of products...

Sure, ideally I would like companies to be good community members, but
neither the license, nor legal actions would achieve that.

Cheers.

-- 
Felipe Contreras
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Re: Amusing article about busybox

2012-02-03 Thread Rogelio Serrano
On Wed, Feb 1, 2012 at 6:05 AM, Tito farmat...@tiscali.it wrote:
 Hi,
 just to post a link to this article about a non-GPL busybox replacement 
 http://lwn.net/Articles/478249/


they have the resources. they can do whatever they want. gpl and
restrictive IP just dont mix. and if you want to use open source to
serve the needs of big companies surrounded by massive IP minefields
then dont use gpl. been there done that.

is it bad for the gpl side of open source? i dont think so in my own opinion.

-- 
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Re: Amusing article about busybox

2012-02-02 Thread Denys Vlasenko
On Wed, Feb 1, 2012 at 4:10 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 Denys Vlasenko wrote at 06:15 (EST):
 Some of the arguments from the other side found in that thread make
 sense. We are possibly a bit too aggressive when we try to force
 people to comply with GPL on other projects too, not only on bbox.

 I'd like to point out that many of the stories on the other side are
 second-hand accounts.  Obviously, as the person who directly handles
 most of the GPL enforcement for BusyBox, I can confirm there is no one
 with first-hand experience on the other side commenting on the LWN
 thread, nor on Matthew's blog post.

Tim Bird says this:

Posted Feb 1, 2012 6:52 UTC (Wed) by tbird20d (subscriber, #1901) [Link]
No. You misunderstand what unrelated products means. It means all
the TV sets and digital cameras, which we properly release GPL source
for. What I don't want is for some trivial mistake by GPL amateurs at
some ODM supplier to some obscure product group to result in SFC
having review and veto authority over our major Linux-based product
lines. This is simply unacceptable.
What I'm saying is that the legal risk far outweighs the value of busybox.

Posted Feb 1, 2012 17:55 UTC (Wed) by tbird20d (subscriber, #1901) [Link]
...Sony has standards in place that product teams are supposed to
follow for GPL compliance. Unfortunately, I can't be sure that every
team is following them, or won't make a mistake. In particular, I can
't be sure of this for sub-contractors. Sub-contractors may claim they
have given you corresponding source, but have not. It happens.
What is intolerable is having a 3rd party hold your entire product
line hostage, based on some issue with an unrelated product.

Posted Feb 1, 2012 19:31 UTC (Wed) by tbird20d (subscriber, #1901) [Link]
 That seems like an irrational fear, I can't imagine the copyright owner
 getting an injunction against or even pursuing code that you can trivially
 show the provenance and licensing for.
Well, since the SFC requests audit rights for all of a company's
products that include GPL, I don't think the fear is irrational.


-- 
vda
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Re: Amusing article about busybox

2012-02-01 Thread walter harms



Am 31.01.2012 23:05, schrieb Tito:
 Hi,
 just to post a link to this article about a non-GPL busybox replacement 
 http://lwn.net/Articles/478249/ 
 

Thx for the hint,
i like the dump-source idea maybe someone can implement it :)
it will increase size for nothing but the designer can always
disable same parts of bb.

re,
 wh
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Re: Amusing article about busybox

2012-02-01 Thread Denys Vlasenko
On Tue, Jan 31, 2012 at 11:05 PM, Tito farmat...@tiscali.it wrote:
 Hi,
 just to post a link to this article about a non-GPL
 busybox replacement http://lwn.net/Articles/478249/

Some of the arguments from the other side found in that
thread make sense. We are possibly a bit too aggressive
when we try to force people to comply with GPL
on other projects too, not only on bbox.

-- 
vda
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Re: Amusing article about busybox

2012-02-01 Thread Laurent Bercot
 Some of the arguments from the other side found in that
 thread make sense. We are possibly a bit too aggressive
 when we try to force people to comply with GPL
 on other projects too, not only on bbox.

 Good quality alternatives are a good thing. If Rob starts his
Toybox project again, more power to him. If users - whether they
are individuals or companies - can choose between two similar
implementations of the same stuff, everyone benefits.

 The unfortunate reality is that most companies *really don't want*
to release their source code. They will either refuse to have
anything to do with copylefted software, or infringe the copyleft
more or less blatantly. The return something to the community
idea just does not work with them.

 So, GPL inforcement is a good thing, but as time goes by, companies
will turn away more and more from copylefted software, and use more
and more open source, non copylefted software. I am afraid that the
uncompromising, unforgiving nature of the GPL will turn against it
in the future, and harm more than promote widespread distribution of
GPL'ed software - something that GPL zealots generally refuse to see.

-- 
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Re: Amusing article about busybox

2012-02-01 Thread Rogelio Serrano
On Wed, Feb 1, 2012 at 7:46 PM, Laurent Bercot ska-dietl...@skarnet.org wrote:
 Some of the arguments from the other side found in that
 thread make sense. We are possibly a bit too aggressive
 when we try to force people to comply with GPL
 on other projects too, not only on bbox.

  Good quality alternatives are a good thing. If Rob starts his
 Toybox project again, more power to him. If users - whether they
 are individuals or companies - can choose between two similar
 implementations of the same stuff, everyone benefits.

  The unfortunate reality is that most companies *really don't want*
 to release their source code. They will either refuse to have
 anything to do with copylefted software, or infringe the copyleft
 more or less blatantly. The return something to the community
 idea just does not work with them.

  So, GPL inforcement is a good thing, but as time goes by, companies
 will turn away more and more from copylefted software, and use more
 and more open source, non copylefted software. I am afraid that the
 uncompromising, unforgiving nature of the GPL will turn against it
 in the future, and harm more than promote widespread distribution of
 GPL'ed software - something that GPL zealots generally refuse to see.

 --
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i think we already see that in the bsd's when companies get bsd code
and dont give anything back.

when you think that most significant software development will be the
reserve of closed proprietary companies then this is a problem.

but where i work where we do only open source stuff for all our
software needs its not that big a problem. and year after year more
and more collaborate with us under the gpl.

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Re: Amusing article about busybox

2012-02-01 Thread Felipe Contreras
On Wed, Feb 1, 2012 at 1:46 PM, Laurent Bercot ska-dietl...@skarnet.org wrote:
 Some of the arguments from the other side found in that
 thread make sense. We are possibly a bit too aggressive
 when we try to force people to comply with GPL
 on other projects too, not only on bbox.

  Good quality alternatives are a good thing. If Rob starts his
 Toybox project again, more power to him. If users - whether they
 are individuals or companies - can choose between two similar
 implementations of the same stuff, everyone benefits.

  The unfortunate reality is that most companies *really don't want*
 to release their source code. They will either refuse to have
 anything to do with copylefted software, or infringe the copyleft
 more or less blatantly. The return something to the community
 idea just does not work with them.

Companies want to do what companies want to do. If a license really
tries to make them do something they don't want to, then they won't
use the software. Period.

I think that's a mistake many 'free software' advocates make is that a
license would somehow make companies be good community members. That's
not the case.

If Sony doesn't want to contribute, that's probably a mistake, but
they are free to make that mistake, and they would do it regardless of
what Matthew Garrett says.

  So, GPL inforcement is a good thing, but as time goes by, companies
 will turn away more and more from copylefted software, and use more
 and more open source, non copylefted software. I am afraid that the
 uncompromising, unforgiving nature of the GPL will turn against it
 in the future, and harm more than promote widespread distribution of
 GPL'ed software - something that GPL zealots generally refuse to see.

Totally agree. But GPLv3, not GPLv2, or even better LGPL, which seems
to be fine.

Cheers.

-- 
Felipe Contreras
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Re: Amusing article about busybox

2012-02-01 Thread Felipe Contreras
On Wed, Feb 1, 2012 at 1:49 PM, Rogelio Serrano
rogelio.serr...@gmail.com wrote:
 i think we already see that in the bsd's when companies get bsd code
 and dont give anything back.

You mean the operating systems? I think if they used GPL, then
companies would just use something else instead. Maybe something
proprietary, but probably Linux.

To me this is a bit like the piracy arguments; they are not really
stealing anything, whether they use the software and don't contribute,
or don't use the software at all; the project is not affected
negatively.

And that's assuming that's true, which I don't think it's the case;
companies do contribute--sure, not as much as if they were legally
obliged to, but some, which is better than nothing. I believe if Linux
was BSD licensed, companies would still contribute, because there are
advantages to it:

 * Less maintenance costs
 * Free help from developer rock stars
 * Free widespread testing
 * Developers learn from the community
 * Etc.

And in fact, these are exactly the arguments developers inside
companies use (I've seen it in Nokia) to convince managers to
contribute upstream, and it's the same arguments I've seen in embedded
conferences to make companies better community members.

Remember that for embedded Linux, many companies write proprietary
drivers, and some others make thousands of changes, and just publish a
huge patch which is useless for upstream. Even Android which has
proper commits is difficult to merge upstream. And this is GPL.

The problem is not the license, the problem is the attitude regarding
open source, the community, and upstream. And that comes from within;
the developers.

 when you think that most significant software development will be the
 reserve of closed proprietary companies then this is a problem.

Licenses won't change that.

I wish some software I love was BSD licensed, because I could convince
my employee to ship it on products. And I would convince my managers
that contributing back makes sense, when I get some free time...

Cheers.

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Re: Amusing article about busybox

2012-02-01 Thread Bradley M. Kuhn
Denys Vlasenko wrote at 06:15 (EST):
 Some of the arguments from the other side found in that thread make
 sense. We are possibly a bit too aggressive when we try to force
 people to comply with GPL on other projects too, not only on bbox.

I'd like to point out that many of the stories on the other side are
second-hand accounts.  Obviously, as the person who directly handles
most of the GPL enforcement for BusyBox, I can confirm there is no one
with first-hand experience on the other side commenting on the LWN
thread, nor on Matthew's blog post.

I think the community needs other projects to stand with us to enforce
the GPL, and I'm working on coordinating that.  BusyBox has become a
poster child -- unfairly -- because for the last few years, BusyBox
was the only project actively enforcing the GPL.


I see that elsewhere in this thread, a debate is starting about whether
or not the GPL works effectively as a tool to advance software freedom.
I think that's an important debate, but I also think the conclusion of
that debate is orthogonal to enforcement.  Specifically, if the
conclusion is: It's valuable for the license to place requirements that
code be liberated, then GPL enforcement is valuable, too, automatically
-- because an unenforced GPL is exactly the same as the ISC license.

Anyway, I'm happy as always to discuss further Conservancy's GPL
enforcement efforts, how they work, and what tweaks BusyBox developers
want to see in Conservancy's enforcement efforts.  OTOH, I hope we won't
led any FUD about enforcement be the sole reason we make changes to our
strategy.  While I mostly lurk on this mailing list, I'll follow this
particular thread and comment when it seems useful.
-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-01 Thread Bradley M. Kuhn
Laurent Bercot wrote at 06:46 (EST):
 I am afraid that the uncompromising, unforgiving nature of the GPL
 will turn against it in the future, and harm more than promote
 widespread distribution of GPL'ed software - something that GPL
 zealots generally refuse to see.

It's entirely possible this could be the case.  I don't really believe
it is, but all we have is some second-hand, anecdotal evidence on either
side of the debate, so it's tough to know for sure.

But that's not a new debate: it's the fundamental debate
that goes back 20 years between those that prefer permissive licenses
and those that prefer copyleft.  There are reasonable arguments on both
sides, of course.

 The return something to the community idea just does not work with
 them.

I think you're right about this point, but only with respect to GPL
violators.  Specifically, it's certainly difficult (although not
impossible) to convince a company to become a community contributor,
when that company saw the GPL and just decided to see if they could get
away with ignoring it.  While the job of changing their minds is tough, it
does happen sometimes.  A classic example is Broadcom, which has been a
frequent source of GPL violation problems as an upstream for more than
a decade.  Yet, some divisions of Broadcom now actively contribute to Linux
development upstream.  Their culture has changed just a little bit, and I hope
that it will continue to get better.  I firmly believe that without BusyBox's
enforcement efforts, even this little bit of change wouldn't have happened.

Nevertheless, I can agree that such change is rare.  But it's important
to also consider the many companies that virtually always do the right
thing with regard to GPL compliance -- the Red Hat's, the HP's, the
Google's, the SuSE's, the Canonical's (just to name a few).  Some of
those companies do quite a bit of proprietary software development, but
they *don't* violate the GPL (to my knowledge) when they do it.
Sometimes, those companies do favor permissively-licensed projects
because they want to make something proprietary.  It's unfortunate when
that happens, but it's of course their right to do so.

In this context, the question we should ask ourselves is: do we want the
license to require software sharing?  Again, that's the classic
copyleft vs. permissive license debate, and there's important points
on both sides.

My view is that, given that some projects are indeed copylefted, we in
some sense owe it to those who participate and comply to make sure the
license is respected.  In essence, companies that comply regularly put in
more effort to make sure they do so -- which they do willingly.  IMO,
it's unfair to them that other companies get away with cutting costs by
ignoring GPL.  Of course, compliance isn't *that* expensive, but it does
require that engineering teams pay attention to the fact that source
needs to go along with the binaries, etc.  Companies that go cut-rate
and ignore that are able to undercut compliant company's products.

I think for that, and are plenty of reasons, it's good to uphold a
copyleft license; I've talked about these reasons extensively for years
in talks (See http://faif.us/cast/2011/sep/13/0x18/ if you want to hear
one).  I know that some people disagree, and I respect those who prefer
to contribute to permissively-licensed projects because they disagree
with copyleft.

But, I also think it's a contradiction to say: I prefer a
copylefted license but don't want it to be enforced.  I don't think anyone
on this thread has said that, but it has been said in some of the public
debates in other fora in the last 24 hours.
-- 
Bradley M. Kuhn, Executive Director, Software Freedom Conservancy
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Re: Amusing article about busybox

2012-02-01 Thread Rogelio Serrano
On Wed, Feb 1, 2012 at 8:29 PM, Felipe Contreras
felipe.contre...@gmail.com wrote:
 On Wed, Feb 1, 2012 at 1:49 PM, Rogelio Serrano
 rogelio.serr...@gmail.com wrote:
 i think we already see that in the bsd's when companies get bsd code
 and dont give anything back.

 You mean the operating systems? I think if they used GPL, then
 companies would just use something else instead. Maybe something
 proprietary, but probably Linux.


well linux has the momentum right now but the bsd came first. maybe
the gpl is the reason linux overtook the bsd's or maybe its the
development process or both. maybe its just too much centralization in
the bsd development that held them back.

linux has a more resilient and innovative community that the license
made possible but i digress.

 when you think that most significant software development will be the
 reserve of closed proprietary companies then this is a problem.

 Licenses won't change that.


economics will. when your it department is composed of only 3 people
and they are also the rd then yeah you need to leverage open source
most probably gpl so a bigger company cant take your code and bitch
slap you in the face with it.

 I wish some software I love was BSD licensed, because I could convince
 my employee to ship it on products. And I would convince my managers
 that contributing back makes sense, when I get some free time...

 Cheers.


well i dont need convincing the bosses to do that. thats sort of the
strategic business policy where i work.

 --
 Felipe Contreras



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quarq consulting: agile, open source
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Re: Amusing article about busybox

2012-02-01 Thread Rogelio Serrano
On Thu, Feb 2, 2012 at 12:30 AM, Bradley M. Kuhn bk...@ebb.org wrote:
 Laurent Bercot wrote at 06:46 (EST):
 I am afraid that the uncompromising, unforgiving nature of the GPL
 will turn against it in the future, and harm more than promote
 widespread distribution of GPL'ed software - something that GPL
 zealots generally refuse to see.

 It's entirely possible this could be the case.  I don't really believe
 it is, but all we have is some second-hand, anecdotal evidence on either
 side of the debate, so it's tough to know for sure.

 But that's not a new debate: it's the fundamental debate
 that goes back 20 years between those that prefer permissive licenses
 and those that prefer copyleft.  There are reasonable arguments on both
 sides, of course.


i dont agree. its just business economics at work. is it going to be
cheaper in the long run to contribute or not? when its more economical
to contribute then its better to gpl.

when you have intellectual property issues you will hate gpl. i have
worked with companies with no IP issues whatsoever and the gpl is
perfect.

-- 
quarq consulting: agile, open source
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Re: Amusing article about busybox

2012-02-01 Thread Rich Felker
On Wed, Feb 01, 2012 at 11:47:14AM +0100, walter harms wrote:
 Thx for the hint,
 i like the dump-source idea maybe someone can implement it :)
 it will increase size for nothing but the designer can always
 disable same parts of bb.

The dump-source option defeats the purpose Busybox is serving by
being GPL, which is forcing companies using embedded Linux to think
about GPL compliance and acting as a wedge to get them to open up
other components (like the kernel) if they're caught infringing. An
easy way to make their use of Busybox compliant without fixing the
other issues would just be a detriment.

Rich
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Re: Amusing article about busybox

2012-02-01 Thread Rich Felker
On Wed, Feb 01, 2012 at 02:09:15PM +0200, Felipe Contreras wrote:
 On Wed, Feb 1, 2012 at 1:46 PM, Laurent Bercot ska-dietl...@skarnet.org 
 wrote:
  Some of the arguments from the other side found in that
  thread make sense. We are possibly a bit too aggressive
  when we try to force people to comply with GPL
  on other projects too, not only on bbox.
 
   Good quality alternatives are a good thing. If Rob starts his
  Toybox project again, more power to him. If users - whether they
  are individuals or companies - can choose between two similar
  implementations of the same stuff, everyone benefits.
 
   The unfortunate reality is that most companies *really don't want*
  to release their source code. They will either refuse to have
  anything to do with copylefted software, or infringe the copyleft
  more or less blatantly. The return something to the community
  idea just does not work with them.
 
 Companies want to do what companies want to do. If a license really
 tries to make them do something they don't want to, then they won't
 use the software. Period.
 
 I think that's a mistake many 'free software' advocates make is that a
 license would somehow make companies be good community members. That's
 not the case.
 
 If Sony doesn't want to contribute, that's probably a mistake, but
 they are free to make that mistake, and they would do it regardless of
 what Matthew Garrett says.

If they don't want to contribute, then they should be subject to a
serious competitive disadvantage by being unable to use the best
software out there and/or having to spend their resources making
in-house replacements. That's the way it's always worked.

Rich
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