Re: Possibilities for commercial software?

2007-01-30 Thread Oleg Gusev
Am Dienstag, 30. Januar 2007 04:24 schrieben Sie:

 Then on what basis, Oleg, do you make the statement Free-Software-only
 is the goal without prefixing that sentence with In my opinion ... ?

Because it's an unmoderated community list, and not an
openmoko-a-lawyer-from-FIC-already-approved-my-posting list.
Everybody posts his personal opinion  here.
From http://lists.openmoko.org/cgi-bin/mailman/listinfo/community :
This mailinglist is for open discussion and feedback

The official http://www.openmoko.com says :
If you are interested in developing Free Software applications for the 
OpenMoko platform, please send information...
Everyone -- thanks again for your interest in our work.

 Oleg.

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Re: Possibilities for commercial software?

2007-01-29 Thread Oleg Gusev
Am Montag, 29. Januar 2007 02:52 schrieb Mike:

 If someone from OM chimes in and
 says OSS-only really is the goal, I'll buy a Palm Treo tomorrow and never
 look at this project again. 


Free-Software-only is the goal, but it's unfortunately not easy to achieve
and depends on our common efforts.

 Oleg.

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Re: Possibilities for commercial software?

2007-01-29 Thread Mike
 Am Montag, 29. Januar 2007 02:52 schrieb Mike:

 If someone from OM chimes in and
 says OSS-only really is the goal, I'll buy a Palm Treo tomorrow and
 never
 look at this project again.


 Free-Software-only is the goal, but it's unfortunately not easy to achieve
 and depends on our common efforts.

  Oleg.


Are you one of the people running the OM project?


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Re: Possibilities for commercial software?

2007-01-29 Thread Oleg Gusev
Am Montag, 29. Januar 2007 17:30 schrieb Mike:

 Are you one of the people running the OM project?

No.

 Oleg.

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Re: Possibilities for commercial software?

2007-01-29 Thread Rod Whitby
Oleg Gusev wrote:
 Free-Software-only is the goal, but it's unfortunately not easy to
 achieve and depends on our common efforts.

Mike wrote:
 Are you one of the people running the OM project?

Oleg Gusev wrote:
 No.

Then on what basis, Oleg, do you make the statement Free-Software-only
is the goal without prefixing that sentence with In my opinion ... ?

Your goal may not be shared by others on the project.  Stating it as
the goal only incites people.  Stating it as my goal, or my
opinion is not nearly so inflammatory.

In general (and in my opinion), the phrase In my opinion is not used
often enough on this community mailing list, and would go some way to
defusing some of the heated debates ...

-- Rod



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Re: Possibilities for commercial software?

2007-01-28 Thread Paul Wouters
On Fri, 26 Jan 2007, Simon wrote:

  GPLv3?

 The GPLv3 does nothing to stop people from using DRM to protect
 proprietary software.

Yeah, but try writing DRM sofware without the GNU software, which
includes glibc for your proprietary software (which realisticly,
would be linked against a GPLv3 glibc in the future).

And it is not the DRM on video playing on an openmoko phone that
people would want to prevent. It is the flash this firmware on the
phone or else the custom app won't run, where you can only decide
on an all or nothing approach that I think we would want to prevent.

As an example, having a commercial (protected) skype client on the
phone would be good. Having the skype client disallow sip software,
either by licence or by software enforcement, would be wrong (and violate
GPLv3)

But on the other hand, imagine someone wanting to use openmoko to build a
super secure phone. One of its functions would be to not allow untrusted
other binaries to run on its secure firmware image. Would this violate
GPLv3? Probably not, since the user agrees to be put under a DRM
voluntarily. But what if the (stupid) user wants to add one application to
the secure firmware, defeating the whole security of that firmware load?
Suddenly the user no longer consents to the DRM, and thus makes the secure
firmware a GPLv3 violation

Paul

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Re: Possibilities for commercial software?

2007-01-28 Thread Paul Wouters
On Fri, 26 Jan 2007, David Schlesinger wrote:

 I still don't see how trying to limit people's choices is more free than
 letting them make their own choices.

You are leaving out one important issue here. The free market is in fact
already forcing non-free decisions on you. You can try to avoid all of those
forced decisions, but like you said, you wouldn't be able to live a normal
life.

Look at how apple used BSD code to trap users into not running their own
software on the apple hardware. Is it their freedom to enforce that upon
us? Or has freedom been taken away from us? Look at Fairplay/itunes, and
realise that Fairplay is proprietary code, which is probably using a lot
of BSD code in there. Is that the freedom we wanted to give when writing
BSD code? I guess it is, which is why I am a GPL person, despite the
fact that I do own an OSX laptop.

So to answer your question, are you more free due to BSD code in apple
products, or less free? I believe you are less free.

Paul

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Re: Possibilities for commercial software?

2007-01-28 Thread David Schlesinger
On 1/28/07 10:15 AM, Paul Wouters [EMAIL PROTECTED] wrote:
 On Fri, 26 Jan 2007, David Schlesinger wrote:
 
 I still don't see how trying to limit people's choices is more free than
 letting them make their own choices.
 
 You are leaving out one important issue here. The free market is in fact
 already forcing non-free decisions on you. You can try to avoid all of those
 forced decisions, but like you said, you wouldn't be able to live a normal
 life.

Life has always been full of compromise. I don't see that changing any time
soon, I'm afraid.

 Look at how apple used BSD code to trap users into not running their own
 software on the apple hardware. Is it their freedom to enforce that upon
 us? Or has freedom been taken away from us? Look at Fairplay/itunes, and
 realise that Fairplay is proprietary code, which is probably using a lot
 of BSD code in there. Is that the freedom we wanted to give when writing
 BSD code? I guess it is, which is why I am a GPL person, despite the
 fact that I do own an OSX laptop.

I don't see that Apple's trapped anyone: no one's being made to buy Apple
hardware or run iTunes at gunpoint. If you want to run any of a variety of
Linux-based operating systems on your Apple hardware, there's nothing to
stop you. Yellowdog and Ubuntu, at least, work right out of the box on
PowerPC systems.

If you want to take advantage of the features of OS X, then, yes, you need
to run OS X. This seems unsurprising to me. OS X is proprietary, in large
part. Apple likes it that way. That's their right: they invested a lot of
time, money and effort into it.

I can't presuppose whether or how much BSD code is in either Fairplay or
iTunes, but if there is, that's a freedom that the license grants. Just as
free speech demands that you tolerate the speech of others even when it
offends you, this sort of thing can potentially happen. Freedom can
sometimes include the freedom to do things that make some people unhappy and
gratify others. You can't really complain about the use which someone makes
of an outright gift.

If you don't like Fairplay, don't buy your music from the iTunes Music
Store. I don't, for a bunch of reasons: I rip CDs and buy tracks from
eMusic, and throw 'em all into iTunes on an old Mac Cube I have. There's
possibly a bunch of BSD code on my iPod, for that matter, who can tell...?

My iPod still does a good job of aggregating my MP3s and iTunes still does a
good job of organizing my MP3s and pulling down the podcasts I want to
listen to. I could make it all work on a Linux system  with nothing but open
source software--at the cost of some personal effort, which could range from
a little to a lot--but what I get out of the box from Apple works just fine.

Am I somehow less free for using the iPod, and iTunes, for this purpose?
If so, how does this diminished freedom manifest itself in my life? I'd say
that spending an hour, say, to pull down and configure the various pieces
I'd need to manage my library, subscribe to my podcasts, and sync my iPod
would diminish my freedom: it'd be an hour (or more) in which I could have
been doing something else. What's the benefit of spending that hour, in
practical terms?

(This is all assuming I didn't want to go whole hog and make the iPod itself
run Linux, too, which would increase the time by a couple orders of
magnitude, maybe.)

 So to answer your question, are you more free due to BSD code in apple
 products, or less free? I believe you are less free.

I don't see how it impacts my freedom at all. If Apple and all of its
software, BSD-derived or not, were to vanish from the universe tomorrow, the
range of free software available to me would be pretty much the same as it
is today.

Again, if I'm less free as a result of this, or society at large is, there
has to be some concrete diminishment of some range of possible actions for
me, or for somebody. What is it can't be done as a result of Apple's
(supposed) use of BSD code in Fairplay that could be done if they didn't use
BSD code there, but wrote it all from scratch?

(Yes, you might argue that I can't for instance, fix bugs on my iPod. In
practical terms, my more likely recourse--since all my tracks are backed up
in iTunes--would be to reinitialize the iPod and reload my library on it.
It'd likely be faster than tracking down the problem, fixing it, and then
rebuilding and reinstalling the OS on my MP3 player... Vanishingly few end
users are capable of doing this, so this freedom is even more theoretical
for them...)


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Re: Possibilities for commercial software?

2007-01-28 Thread Ken Wong

On 29 Jan 2007, at 09:52, Mike wrote:
The linux community *overall* quietly wants linux to be a walled- 
off OSS
only world. They have never quite been comfortable with commercial  
apps

running on the linux platform.


It's quite common to mistake the vocal minority for the overall will  
of the community. I can't be 100% sure that's the case here, since  
there is no comprehensive survey of the linux community, but it is  
a common problem. Quite a few people can't be stuffed to get involved  
in the flame wars and would rather just focus on the code.


For most of the rest, I agree with you. For me, the attraction of the  
OM phone is the functionality that I can build on it, not that it's  
only loaded with 100% Free Software. Few, if any, other phones grant  
us this level of access. I'm really looking forward to the cool apps  
and ideas that flow when we free our phones ...


Ken

P.S.

only-OSS-third-party-application-friendliness, then we've got  
linux all

over again, and suffer the same marginalized fate of 0.39% (desktop
market) after a full 15 years.


I work in a company with 100% Linux desktops, except for the OSX  
laptops floating around. The desktop's ready for the workplace, but  
there's a lot of intertia to overcome. 


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Re: Possibilities for commercial software?

2007-01-27 Thread Renaissance Man

On 26 Jan 2007, at 8:34 pm, David Schlesinger wrote:

I'd say you're instead limiting free to mean free according to  
the doctrine of the Free Software Foundation. (Should I only be  
eating in restaurants which will give me copies of their recipes,  
for the asking, in the name of freedom...? It's gonna limit where I  
can go...)


Why can't a person have the freedom to run proprietary software on  
_their_ open phone if they choose to? No one's requiring _you_ to,  
presumably, if you choose not to. Does the general community need  
folks like you to protect us from ourselves? (And you never  
answered my question about the ethics of Photoshop...)


It's not a matter of should. A person DOES have the freedom to run  
proprietary software on their open phone if they choose, but that  
freedom, if acted on, has consequences (called an externality in  
economics). And that consequence is that the more people who do it  
the more reliant on non-free software free software becomes, and the  
more reliant free software is on un-free software the less free the  
whole system becomes: meaning, when you look at the whole picture,  
users will have less freedom to use software, and the systems run by  
that software, in the way they want.


Renaissance Man

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Re: Possibilities for commercial software?

2007-01-27 Thread Gabriel Ambuehl
On Saturday 27 January 2007 17:23:14 Renaissance Man wrote:

 It's not a matter of should. A person DOES have the freedom to run
 proprietary software on their open phone if they choose, but that
 freedom, if acted on, has consequences (called an externality in
 economics). 

No that's not what is generally called an externality. It would only have 
externalities (which BTW can be be good or bad, which is often overlooked) if 
it had effects on third parties which is probably not the case as weird 
philosophical arguments such as this is morally bad so it affects me 
generally aren't allowed.

 And that consequence is that the more people who do it 
 the more reliant on non-free software free software becomes, and the
 more reliant free software is on un-free software the less free the
 whole system becomes: meaning, when you look at the whole picture,
 users will have less freedom to use software, and the systems run by
 that software, in the way they want.

That is not following from people using non free software on a system. If I 
chose to use TomTom on my Neo, nothing gets any less free than it was before. 


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Re: Possibilities for commercial software?

2007-01-27 Thread Ian Stirling

Gabriel Ambuehl wrote:

On Saturday 27 January 2007 17:23:14 Renaissance Man wrote:


It's not a matter of should. A person DOES have the freedom to run
proprietary software on their open phone if they choose, but that
freedom, if acted on, has consequences (called an externality in
economics). 



And that consequence is that the more people who do it 
the more reliant on non-free software free software becomes, and the

more reliant free software is on un-free software the less free the
whole system becomes: meaning, when you look at the whole picture,


That is not following from people using non free software on a system. If I 
chose to use TomTom on my Neo, nothing gets any less free than it was before. 


And if people who would not have bought the phone without tomtom - or an 
equivalent free app, now buy it as they can install tomtom on it, the 
market as a whole gets more free, compared to the other phone they may 
have bought that runs some flavour of windows or symbian, or ...


And that person now can recommends it to their friends, because it does 
what they want and doesn't crash, when they would not have done, and the 
platform grows.


And now the platform is larger, and may attract more people to develop a 
free tomtom clone.


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Re: Possibilities for commercial software?

2007-01-26 Thread Tomasz Zielinski

2007/1/26, Ortwin Regel [EMAIL PROTECTED]:


hotsync ID, one device, one SD card... Even if it does not work.
It would be nice if some more developers could be convinced that


Prepare fancy build system with compilation on demand, then build
dedicated software package for every customer, with his name
hard-coded in binary. Does not prevent copying, but owner name in
splash may lower piracy rate.

--
Tomek Z.
[EMAIL PROTECTED]

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Re: Combine a SoC and memory on a SD card or Usb device...Re: Possibilities for commercial software?

2007-01-26 Thread Marcin Juszkiewicz
Dnia piątek, 26 stycznia 2007 13:55, Robert Michel napisał:

 For real paranoid sellers:

 Build a chip with memory and an embedded system on a microSD card or
 mini usb device and sell this. Use an unique encryption for every
 embdded system so that even hacking out the program from the embedded
 memory wouldn't run.

If part of application will run on this external device then it will be 
quite good protection. But if it will be used as sort of 'protection key' 
only then it will be breakable like it was with PC software which used 
hardware keys connected to parallel port. All what is needed is good 
cracker, legal copy and some time to analyze connection applicationkey 
and software emulator of key will be created.

-- 
JID: hrw-jabber.org
OpenEmbedded developer/consultant

I saw what you did and I know who you are.



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Re: Combine a SoC and memory on a SD card or Usb device...Re: Possibilities for commercial software?

2007-01-26 Thread Robert Michel
Salve Marcin!

On Fri, 26 Jan 2007, Marcin Juszkiewicz wrote:

 Dnia pi?tek, 26 stycznia 2007 13:55, Robert Michel napisa?:
 
  For real paranoid sellers:
 
  Build a chip with memory and an embedded system on a microSD card or
  mini usb device and sell this. Use an unique encryption for every
  embdded system so that even hacking out the program from the embedded
  memory wouldn't run.
 
 If part of application will run on this external device then it will be 
 quite good protection. 

I thought to let the  important part or even the full application 
running on the external device. Such an external SoC could also boost
up the power of the device, e.g. when you want to have a game or
more multimedia power...
Beside the Network/Webbrowser idea, it could be also FreeNX.

So when it is not about protection of software, 
take a NSLU2, a laptop or Playstation3 (5kg) with you,
plug it with 12/230V connect it with Bluetooth/USB to your
Neo and use your OpenMoko/Neo1973 as terminal with FreeNX 
http://en.wikipedia.org/wiki/NX_technology
*g*

rob




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Re: Possibilities for commercial software?

2007-01-26 Thread Ortwin Regel

There is no management in a company of one or two people.
Two guys I know invested time into porting their game from PalmOS to
phones. It didn't sell at all but was pirated quite a lot. Indeed, it
was not about the DRM in this case: There was some variation of it and
it was easily cracked. The problem was that it was more easy to pirate
the game than buy it for many people and that there was no respect for
developers in the phone scene.
That's why I think that a central official marketplace with fair
rates for developers would be a good idea. In the Palm scene there are
central marketplaces so software is easy to buy but they take
advantage of that by ripping off developers.


On 1/26/07, Mikhail Gusarov [EMAIL PROTECTED] wrote:


Twas brillig at 01:17:56 26.01.2007 UTC+01 when Ortwin Regel did gyre and 
gimble:

 OR I share your opinions but try to tell that to some
 OR developers... :-/ They feel safer if they can bind their program
 OR to only work with one hotsync ID, one device, one SD card...

I bet it's not the developers, but management who enforces this.

--
JID: [EMAIL PROTECTED]

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RE: Possibilities for commercial software?

2007-01-26 Thread Dean Collins
Dave, whilst all software is free - rent isn't (oh and that nasty habit
of eating every 6-8 hours is a real bitch as well).

Of course there will be commercial software available for the OpenMoko
community.
And once a developer puts a price on an application, should you 'share'
or 'unauthorise copy' an application then you are a pirate.

Unless of course you don't mind me coming over and 'sharing' your
refrigerator.


 

Regards,

Dean Collins
Cognation Pty Ltd
[EMAIL PROTECTED]
+1-212-203-4357 Ph
+1-917-207-3420 Mb
+61-2-9016-5642 (Sydney in-dial).


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Dave
Crossland
Sent: Friday, 26 January 2007 10:55 AM
To: OpenMoko
Subject: Re: Possibilities for commercial software?

On 26/01/07, Ortwin Regel [EMAIL PROTECTED] wrote:

 Two guys I know invested time into porting their game from PalmOS to
 phones. It didn't sell at all but was pirated quite a lot.

Proprietary software developers often refer to unauthorised copying as
piracy.

This terms implies that copying is ethically equivalent to attacking
ships on the high seas, kidnapping and murdering the people on them.

If you don't believe that sharing is just like kidnapping and murder,
you might prefer not to use the word piracy to describe it.

There are neutral terms, like unauthorized copying, and positive
terms like sharing with friends.

 That's why I think that a central official marketplace with fair
 rates for developers would be a good idea.

I think that selling free software is a great idea, and totally
support a central official marketplace that allows developers to
recieve money for their great work.

I do not think that proprietary software should be allowed though,
because it contradicts the spirit of free your phone

-- 
Regards,
Dave

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Re: Possibilities for commercial software?

2007-01-26 Thread Dave Crossland

On 26/01/07, Dean Collins [EMAIL PROTECTED] wrote:

Dave, whilst all software is free - rent isn't (oh and that nasty habit
of eating every 6-8 hours is a real bitch as well).
Of course there will be commercial software available for the OpenMoko
community.


If this is commercial free software, that is fantastic :-)

If this is commercial proprietary software, that is a real shame :-(


And once a developer puts a price on an application, should you 'share'
or 'unauthorise copy' an application then you are a pirate.


Are you seriously telling me that all your software is licensed, and
you never, ever, do anything outside the license terms? :-)


Unless of course you don't mind me coming over and 'sharing' your
refrigerator.


I would mind because you can't copy food in the refrigerator. If you
took it without asking, that would be stealing, and stealing is wrong.

But copying isn't stealing. If I shoplift some food from my local
store, no one else can buy it. But when I copy software, no one loses
it and another person gets it. There's no ethical problem.

--
Regards,
Dave

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Re: Possibilities for commercial software?

2007-01-26 Thread Peter A Trotter

Can I call you a 'pirate' if you do share his fridge?

Joking aside I think that you may have missed the point here. When I write
an app for OpenMoko _if_ I decided to ask for money for that app I'm the
sort of guy who wouldn't mind if someone else shared it with friends,
modified the code etc. Hopefully they will send changes back to me.

I believe the idea being put forward is to offer a market place where free
software can be sold on the basis that a user would like to express their
gratitude and that hopefully the marketplace will also be the easiest way to
get hold of an application.

You could in many ways consider the market place to have failed if it is
easier for joe blogs user to get the software from another source.

I am, obviously, not refering to proprietary software. If you want to sell
that through the market place then it should be just as easy. if you want
drm to lock down your app then I don't want that in any way to impact ease
of use of the market place - deal with that yourself.

I am guessing that people more idealistic or eloquent then I will explain
the moral dilema of providing proprietary software, and supporting it. I am
not sure it's something that needs to get flamed here.

In summary:

The market place should be so simple to use that is always the easiest and
quickest place for average users to get hold of apps.

-Pete

On 26/01/07, Dean Collins [EMAIL PROTECTED] wrote:


Dave, whilst all software is free - rent isn't (oh and that nasty habit
of eating every 6-8 hours is a real bitch as well).

Of course there will be commercial software available for the OpenMoko
community.
And once a developer puts a price on an application, should you 'share'
or 'unauthorise copy' an application then you are a pirate.

Unless of course you don't mind me coming over and 'sharing' your
refrigerator.




Regards,

Dean Collins
Cognation Pty Ltd
[EMAIL PROTECTED]
+1-212-203-4357 Ph
+1-917-207-3420 Mb
+61-2-9016-5642 (Sydney in-dial).


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Dave
Crossland
Sent: Friday, 26 January 2007 10:55 AM
To: OpenMoko
Subject: Re: Possibilities for commercial software?

On 26/01/07, Ortwin Regel [EMAIL PROTECTED] wrote:

 Two guys I know invested time into porting their game from PalmOS to
 phones. It didn't sell at all but was pirated quite a lot.

Proprietary software developers often refer to unauthorised copying as
piracy.

This terms implies that copying is ethically equivalent to attacking
ships on the high seas, kidnapping and murdering the people on them.

If you don't believe that sharing is just like kidnapping and murder,
you might prefer not to use the word piracy to describe it.

There are neutral terms, like unauthorized copying, and positive
terms like sharing with friends.

 That's why I think that a central official marketplace with fair
 rates for developers would be a good idea.

I think that selling free software is a great idea, and totally
support a central official marketplace that allows developers to
recieve money for their great work.

I do not think that proprietary software should be allowed though,
because it contradicts the spirit of free your phone

--
Regards,
Dave

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Re: Possibilities for commercial software?

2007-01-26 Thread Richard Boehme

The point I bring from this is that if, for instance, TomTom has
mapping software that I want to use, I shouldn't have to jump through
hoops to get it. I should just be able to go into the market place, go
to 'Non-Free Software', and buy the TomTom app.

Your argument may be 'but every software for the phone really should
be free - people will write it'. However, if someone hasn't come up
with an absolutely free, modifiable mapping software, I should just be
able to get the proprietary, closed version. It should be easier to do
that than to look in the marketplace, conclude 'oh, this doesn't
exist', and not get an OpenMoko phone because of it.

If you feel allowing proprietary, closed software in hurts the 'free
your phone' spirit, and the market place is closed to them, it only
hurts the amount of applications available for the phone.

I'm going to write a finance application for OpenMoko. Is it going to
be free and open source? Yes. However, if I were trying to live off of
it, it would be very hard to make it free and open source. Even in
areas such as being a waiter where tips are expected and there is a
known steady stream of customers giving tips, tips alone aren't
sufficient.

Thanks.

Richard

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RE: Possibilities for commercial software?

2007-01-26 Thread David Schlesinger
 Two guys I know invested time into porting their game from PalmOS to
 phones. It didn't sell at all but was pirated quite a lot.

Proprietary software developers often refer to unauthorised copying as
piracy.

This terms implies that copying is ethically equivalent to attacking
ships on the high seas, kidnapping and murdering the people on them.

If you don't believe that sharing is just like kidnapping and murder,
you might prefer not to use the word piracy to describe it.

Perhaps you might care to look into the definition of piracy. While it 
doesn't particularly have anything to do with either kidnapping or murder, 
_theft_ (or unauthorized taking if you prefer) is certainly at the core of 
it. What Ortwin has described is theft. The term piracy is apropos.

Why do you appear to think stealing and profiting from the work of others, or 
at the very least taking legitimate profits away from those who are entitled to 
them, is ethical? And why are you attempting to suggest more politically 
correct terminology for criminal activities?

Why would anyone want a neutral term for having had something stolen from 
me...?

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Re: Possibilities for commercial software?

2007-01-26 Thread Richi Plana
On Fri, 2007-01-26 at 10:58 -0600, Jonathon Suggs wrote:Dave Crossland
wrote:
 But when I copy software, no one loses it and another person gets it.
 There's no ethical problem.
 
 Sorry Dave, but you are wrong.  There IS an ethical problem.  Just
 because you CAN do something doesn't mean that you should.

I don't think that that's Dave's argument. It's not doing something
because you can that you should. (I can steal a bottle of Coke, but I
shouldn't.) I think what he's trying to say is that you're not taking
anything from a person that lessens what he originally had.

With physical items, this is easier to comprehend: steal his car and he
has one less car to use. Things like music, software and ideas aren't as
tangible, but they can still contribute to a loss. It's kinda tricky,
though.

Let's say you never had intentions of buying a piece of music. In that
case, you would never be a sale. So if you downloaded that piece of
music, it wouldn't be lost revenue. But if you gave it away to others
who might have been potential buyers, that's lost revenue.

Ideas. Stealing ideas for profit (or to take someone's profit away) is
the whole concept behind patents.

Software is just an idea turned into code. There's tangible and
measurable work done there. Perhaps in this case it isn't that somebody
is losing something but that their work is taken advantage of for free.

Grey areas.
--

Richi


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Re: Possibilities for commercial software?

2007-01-26 Thread Dave Crossland

-- Forwarded message --
From: Dave Crossland [EMAIL PROTECTED]
Date: 26-Jan-2007 18:06
Subject: Re: Possibilities for commercial software?
To: Peter A Trotter [EMAIL PROTECTED]


(offlist)

On 26/01/07, Peter A Trotter [EMAIL PROTECTED] wrote:


proprietary software. If you want to sell that through the
market place then it should be just as easy. if you want
drm to lock down your app then I don't want that in any
way to impact ease of use of the market place - deal with
that yourself.


Could you explain the difference between proprietary software with a
license that legally tries to get users to only use on one computer
at a time, no studying, no sharing, and proprietary software that
uses DRM to technically prohibit these things?

--
Regards,
Dave

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Re: Possibilities for commercial software?

2007-01-26 Thread Harald Welte
On Thu, Jan 25, 2007 at 10:04:54PM +0100, Ortwin Regel wrote:
 What about DRM, is there a way to bind a program to a sync ID like
 it's usually done with PalmOS or to a device ID? (It should be
 possible to bind it to an SD card ID, right?) 

While I'm not in charge of marketing or strategic decisions, the whole
point of this project is to provide a truly open device, which gives all
freedoms to the user.

Any form of DRM will inevitably restrict the user and take away his
freedom.  I see a fundamental incompatibility with the mission and ideas
of this project.

So I sincerely doubt that OpenMoko would ever actively support
proprietary applications (e.g. by DRM hooks).  We certainly cannot do
anything against them, though.  Every user is free to decided whether he
would want to run proprietary software (yes, that even includes the
unfortunately proprietary GPSd) on his Neo1973.

-- 
- Harald Welte [EMAIL PROTECTED]  http://openmoko.org/

Software for the worlds' first truly open Free Software mobile phone

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Re: Possibilities for commercial software?

2007-01-26 Thread Dave Crossland

On 26/01/07, Jonathon Suggs [EMAIL PROTECTED] wrote:


I really hate to get in on this discussion


Talking about freedom is important, so thank you for your polite and
rational contribution.


Dave Crossland wrote:
 But when I copy software, no one loses it and another person gets it.
 There's no ethical problem.

Sorry Dave, but you are wrong.  There IS an ethical problem.  Just
because you CAN do something doesn't mean that you should.  I agree that
software (in most cases, but is still ultimately up to the creator)
*should* be open and free as in speech.  But whether or not it should
be free as in beer is not your decision to make...it is the creators.
So, just because you can share the software, doesn't mean that you
should.  If you do, then yes...you have an ethical problem...sorry.


I'm sorry if my message was not clear. I totally agree with you.

The original point was: It doesn't make sense to equate copying
digital information with stealing physical objects.

Of course, if you have an agreement not to copy, it is wrong to break
that agreement. But it is more wrong to not share with your friends.
Most people have an intuitive understanding of this, and share
unauthorised copies.

The agreement not to copy is based on copyright law, and this was
originally created to benefit the public when they could not make
their own copies. Now that we can make our own copies, a law
prohibiting copying does not benefit us, so we break it. Most people
have an intuitive understanding of this.

How can we escape this moral dilemma, where we are being unethical
with either choice?

We can refuse to use proprietary software, and only use software that
can share legally. That is the best thing to do.


Besides, if you find the software useful don't you want
to help in succeed?


The software is only useful in so far as it benefits us. If it tries
to divide our communities by prohibiting sharing, and makes us
helpless to see how it works or change it, I don't think it benefits
us. So I think it deserves to fail :-)

--
Regards,
Dave

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RE: Possibilities for commercial software?

2007-01-26 Thread David Schlesinger
Grey areas.

Actually, I don't think it's grey at all. The decision maker, as far as how a 
work can be published and/or sold, is the copyright holder.

Copyright is the _right_ to _copy_. If you're not the copyright holder, and you 
haven't been granted a right to copy by the copyright holder, then copying the 
work is an infringement.

I don't see it as unethical for authors to choose to sell their works. If 
people don't like the price or the terms under which the works are offered, 
they shouldn't buy them. If enough people refuse to buy particular works 
because they dislike the terms, the owners of those works will suffer, and 
they'll be incented to change those terms to ones which are more attractive.

I _do_ see it as unethical to copy works for the purposes of redistribution 
where you have no right to do so simply because you _can_: technical ability 
does not equal an ethical privilege. In specific terms, it's illegal 
republication and an infringement under the copyright laws of pretty much every 
country on the planet.

Please remember: copyright is what protect GPL code, every bit as much as it 
protects the music on Sony-BMG CDs with bonus root-kits. If anyone wants to 
start inveighing against copyright law, they should keep in mind that they'll 
be arguing in favor of removing anyone's ability to redress misuses of GPL'd 
code in courts of law at the same time.
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Re: Possibilities for commercial software?

2007-01-26 Thread Dave Crossland

On 26/01/07, David Schlesinger [EMAIL PROTECTED] wrote:


See whether you get charged with something like theft (or
infringement of copyright, which is tantamount to theft...)


Infringement of copyright is very, very different to theft.


 If I shoplift some food from my local
 store, no one else can buy it. But when I copy software, no one loses
 it and another person gets it. There's no ethical problem.

 Um, wow.

 There's no ethical problem, perhaps, as long as the author's agreed that
you can give away copies of his work.


Yes, I agree.


Otherwise, there's a very large
ethical problem, which you seem to be inexplicably unaware of, somehow.


No, I think we are discussing at cross purposes.


 If it's not the author's wish that the software be freely
copy-able, which is certainly a desire the author's quite
entitled to have


I am less certain, and judging from most people's actions, I think you
are in quite a minority with this belief. I mean, most iPods are full
of unauthorised copies, even if some of their tracks are licensed from
the iTunes Music Store.


you simply have
no right whatsoever to make (i.e. publish) copies of a copyrighted work
and give them away. It's illegal. I'm astounded that breaking
the law this way presents no ethical problem for you.


It is illegal, but the law is not an authority on ethics. It is, at
best, an attempt to achieve justice. You seem to be saying, If
copying is forbidden, it must be wrong.

But the legal system - at least in the US - rejects the idea that
copyright infringement is theft. You are making an appeal to
authority, but misrepresenting what that authority says.

The idea that laws decide what is right or wrong is mistaken in
general. To say that laws define justice or ethical conduct is turning
things upside down.


 If you copy software (music, books, other media, etc.) without permission
of the author, there most certainly _is_ an ethical problem: you're stealing
the possibility of selling a properly paid-for copy from the author.


I'm not sure you can steal a possibility.


 Or do you believe that it's unethical for an author to
a) want to be paid for his work


No, it is totally legitimate for them to want payment, and for us to pay them.


and/or b) be able to set the terms under which his work is made
available...?


No, I am not against this. Afterall, without authors being able to set
the terms under which their work is made available, we would have no
free software :-)

As always, thanks for taking the time to discuss issues of freedom and
community with me.

--
Regards,
Dave

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Re: Possibilities for commercial software?

2007-01-26 Thread David Schlesinger
On 1/26/07 10:33 AM, Dave Crossland [EMAIL PROTECTED] wrote:
 
 The original point was: It doesn't make sense to equate copying
 digital information with stealing physical objects.

No...? If you were to come into possession tomorrow of a copy of the
yet-to-be-published seventh Harry Potter book, and you reposted it on the
web, would _that_ be equivalent to stealing a physical object? Or would it
be _worse_?

 Of course, if you have an agreement not to copy, it is wrong to break
 that agreement. But it is more wrong to not share with your friends.
 Most people have an intuitive understanding of this, and share
 unauthorised copies.

So, if I've paid $500 for a media asset management package, it's more
wrong for me to tell a friend, I'm sorry, you have to buy your own copy
than it is for me to steal $500 from the author of the package, is that what
you're saying?

 The agreement not to copy is based on copyright law, and this was
 originally created to benefit the public when they could not make
 their own copies. Now that we can make our own copies, a law
 prohibiting copying does not benefit us, so we break it. Most people
 have an intuitive understanding of this.

What? How did copyright law _ever_ benefit the public when they could not
make their own copies? Uncontrolled copying would have benefited the
public by making more copies available, and more cheaply, but at a cost of
bankruptng authors who would never get paid for illegitimate copies.
Copyright law has _always_ been about protecting authors, i.e. creators,
from the undesirable economics effects of uncontrolled copying of their
work. Period.

Your statements on copyright law are completely contrary to actual fact.

 How can we escape this moral dilemma, where we are being unethical
 with either choice?

How is respecting an author's wishes regarding his own work unethical?

To quote Inigo Montoya in The Princess Bride, You keep using that word,
but I do not think it means what you think it does.




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Re: Possibilities for commercial software?

2007-01-26 Thread Paul Wouters
On Fri, 26 Jan 2007, Harald Welte wrote:

 So I sincerely doubt that OpenMoko would ever actively support
 proprietary applications (e.g. by DRM hooks).  We certainly cannot do
 anything against them, though.

GPLv3?

Paul

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Re: Possibilities for commercial software?

2007-01-26 Thread Knight Walker
On Thu, 2007-01-25 at 22:04 +0100, Ortwin Regel wrote:
 I like open source and stuff but some things, especially games, are
 closed in many cases. What are the possibilities for selling closed
 software for OpenMoko devices? Will there be a central online
 marketplace? What about DRM, is there a way to bind a program to a
 sync ID like it's usually done with PalmOS or to a device ID? (It
 should be possible to bind it to an SD card ID, right?) Any creative
 ideas how to solve the usual issues people have with stupid DRM
 systems etc. and still being able to get money for software
 development?

There are as many possibilities for selling closed software on the
OpenMoKo platform as there are on any other device; probably more, since
the SDK doesn't cost a mint for a developer license.  As for DRM, it is
my honest opinion that it is entirely wrong-headed and causes more harm
than good, and I would be very surprised if anyone implements it on this
platform.  I know that when (not if) I buy one, I will absolutely not
allow any of that crap on my hardware.  But I'm not averse to buying
software, including games, especially if it's good.

As for getting money for software development, people were doing that
long before DRM was the gleam in a corporate monopolist's eye.  Again,
it is my honest opinion that one can make money selling software for the
OpenMoKo, but it will probably require time, patience, and talent. and
passion for your work.  If your software is good, reasonably priced, and
easily attainable, you should be able to make some money.  Make it
easier to buy the software from you than to pirate it and you should do
alright. While I can't speak for the company, I'm sure there will be
tons of on-line software clearinghouses for OpenMoKo software.  If the
company doesn't create one, someone else will, and if you're serious
about selling software on the OpenMoKo platform, you'll have it listed
on all of them.

Personally, I'm really excited about this phone, even though it doesn't
have everything my heart desires, and I've already been working on ideas
for enhancements to existing (proposed) software as well as new
software.  However I'm not planning on trying to make any money off of
it, and will be releasing it under a Free license.

-KW

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Re: Possibilities for commercial software?

2007-01-26 Thread David Schlesinger
On 1/26/07 11:01 AM, Dave Crossland [EMAIL PROTECTED] wrote:
 
  If it's not the author's wish that the software be freely
 copy-able, which is certainly a desire the author's quite
 entitled to have
 
 I am less certain, and judging from most people's actions, I think you
 are in quite a minority with this belief. I mean, most iPods are full
 of unauthorised copies, even if some of their tracks are licensed from
 the iTunes Music Store.

Weren't you the one who was asking whether an error, commonly made enough,
became correct? If everyone does it, it can _still_ be wrong.

(People need to be very careful about their intuitive understandings.
People frequently intuitively understand that they haven't had so much to
drink that they shouldn't be driving. Typically, they're mistaken.)

 you simply have
 no right whatsoever to make (i.e. publish) copies of a copyrighted work
 and give them away. It's illegal. I'm astounded that breaking
 the law this way presents no ethical problem for you.
 
 It is illegal, but the law is not an authority on ethics. It is, at
 best, an attempt to achieve justice. You seem to be saying, If
 copying is forbidden, it must be wrong.'

No, I'm saying, If copying goes against the author's expressed or implied
wishes, it's wrong. If the copyright notice says, All rights reserved,
then the author's reserved the rights, and it's unethical for you not to
respect their wishes in that regard.

 But the legal system - at least in the US - rejects the idea that
 copyright infringement is theft. You are making an appeal to
 authority, but misrepresenting what that authority says.

This is a quibble. If there's value in the work, i.e., if the infringement
has an economic impact, then the infringement can be dealt with just as
severely as the theft of a physical asset. The judicial route is different,
but you're straining at gnats here.

 The idea that laws decide what is right or wrong is mistaken in
 general. To say that laws define justice or ethical conduct is turning
 things upside down.
 
  If you copy software (music, books, other media, etc.) without permission
 of the author, there most certainly _is_ an ethical problem: you're stealing
 the possibility of selling a properly paid-for copy from the author.
 
 I'm not sure you can steal a possibility.

Well, if you can establish that, in the absence of a free but infringing
copy, a person would have bought a copy sold in accordance with the author's
wishes, you've stolen a sale. If that makes you happier. Again, you're
quibbling.

Okay, 'splaina me this:

I travel a lot. I take a lot of photos when I travel. I actually sell photos
here and there as stock for magazines, advertisements, etc. You'd seem to
be of the opinion that the instant I post a reasonably high digital image
someplace where you can get at it, if you happen to have a friend who likes
my photo enough to want it in his magazine but doesn't want to pay me the
asking price, it's more wrong for you not to share it with him than it
is for him to weasel out of paying me.

(Please correct me if I'm getting any of this wrong.)

I'm not sure how the relative balance of more versus less wrong between
you and your pal impacts my not getting paid for your friend's use of the
photo which I took and which I own, by the way. I'm still out the fee.

  Or do you believe that it's unethical for an author to
 a) want to be paid for his work
 
 No, it is totally legitimate for them to want payment, and for us to pay them.

So, you've been paying the artists for all those unauthorized copies of
songs on your iPod, or buying the CDs on which the songs you've decided you
like appear...?

 and/or b) be able to set the terms under which his work is made
 available...?
 
 No, I am not against this. Afterall, without authors being able to set
 the terms under which their work is made available, we would have no
 free software :-)

Absent copyright law, you'd have no legal means to _keep_ it free.


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Re: Possibilities for commercial software?

2007-01-26 Thread Simon

On 1/26/07, Paul Wouters [EMAIL PROTECTED] wrote:

On Fri, 26 Jan 2007, Harald Welte wrote:

 So I sincerely doubt that OpenMoko would ever actively support
 proprietary applications (e.g. by DRM hooks).  We certainly cannot do
 anything against them, though.

GPLv3?


The GPLv3 does nothing to stop people from using DRM to protect
proprietary software.  The aim of DRM provisions in that license is to
prevent people from using GPLv3 licensed software on a hardware
device, and then using DRM to remove the user's freedoms to change the
GPLDv3 software on the device.  The most widely cited example of this
is Tivo, which runs Linux, but uses DRM to prevent users from
modifying the software that runs on their Tivos.  It's a controversial
clause, Linus Torvalds has said that he thinks hardware sellers should
have the freedom to do this, as long as they comply with the GPLv2.

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Re: Possibilities for commercial software?

2007-01-26 Thread David Schlesinger
On 1/26/07 10:47 AM, Dave Crossland [EMAIL PROTECTED] wrote:
 
 Your argument may be 'but every software for the phone really should
 be free - people will write it'. However, if someone hasn't come up
 with an absolutely free, modifiable mapping software, I should just be
 able to get the proprietary, closed version. It should be easier to do
 that than to look in the marketplace, conclude 'oh, this doesn't
 exist', and not get an OpenMoko phone because of it.
 
 You are expanding free to free to give up your freedom, which
 destroys the meaning of freedom with something like a Russell
 paradox.

I'd say you're instead limiting free to mean free according to the
doctrine of the Free Software Foundation. (Should I only be eating in
restaurants which will give me copies of their recipes, for the asking, in
the name of freedom...? It's gonna limit where I can go...)

Why can't a person have the freedom to run proprietary software on _their_
open phone if they choose to? No one's requiring _you_ to, presumably, if
you choose not to. Does the general community need folks like you to protect
us from ourselves? (And you never answered my question about the ethics of
Photoshop...)

 The amount of applications available for the phone is not the goal;
 the goal is to have a 100% free software phone.

But that's at a base level, I don't recall any stated goal of making sure
that everyone who ever gets their hands on one _keeps_ it that way! You
don't feel people should be able to customize their phones other than in
approved ways? (Slavery is Freedom...?)

 However, if I were trying to live off of
 it, it would be very hard to make it free and open source. Even in
 areas such as being a waiter where tips are expected and there is a
 known steady stream of customers giving tips, tips alone aren't
 sufficient.
 
 You can also charge for specific improvements, and for support, and
 many people have earned a living from free software in this way.

Is that the only acceptable business model in your view? If someone comes up
with a legitimately innovative piece of software, you seem to be saying that
they'd be unethical to simply charge folks who are willing to pay the
asking price binary-only copies of that software.

I still don't see how trying to limit people's choices is more free than
letting them make their own choices.


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RE: Possibilities for commercial software?

2007-01-26 Thread David Schlesinger
It may seem obvious to you that copyright law is about protecting
authors...

Only because it says so, right there in the US Constitution: Congress is 
granted the right to enact statutes To promote the Progress of Science and 
useful Arts, by securing for limited Times to Authors and Inventors the 
exclusive Right to their respective Writings and Discoveries.

As I said, it's about securing for authors the exclusive right to control who 
gets to make copies of their works. The GNU Foundation benefits from, and 
relies on, copyright law every bit as much as the members of Metallica do.

If it weren't for copyright law, someone who (ab)used GPL-licensed code and 
refused to release the sources for their modifications could do so with 
impunity.

That case to which you refer reportedly took place in the Sixth Century. Not 
BC, admittedly, but I still think it's of extremely limited relevance here.

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Re: Possibilities for commercial software?

2007-01-26 Thread ROB

Only because it says so, right there in the US Constitution: Congress is
granted the right to enact statutes To promote the Progress of Science and
useful Arts, by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries.

As I said, it's about securing for authors the exclusive right to control
who gets to make copies of their works.


You're missing the most important part...  A limited monopoly is
granted with the intent of providing an economic incentive for authors
to create, and therefore to promote the progress of science and the
useful arts.

The entire history of western copyright law, right back to the statute
of anne and even before to early grants of letters patent supports the
position that a copyright monopoly is granted not so much in
recognition of some natural property right in intellectual property,
but rather as an economic incentive to creators to create works which
serve to advance the collective body of human knowledge.

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Re: Possibilities for commercial software?

2007-01-26 Thread Marcel de Jong

I'm sorry to stick my nose into this possible bees-nest.
But I feel I have to object a little here.

On 1/26/07, Dave Crossland [EMAIL PROTECTED] wrote:

On 26/01/07, Richard Boehme [EMAIL PROTECTED] wrote:
 The point I bring from this is that if, for instance, TomTom has
 mapping software that I want to use, I shouldn't have to jump through
 hoops to get it. I should just be able to go into the market place, go
 to 'Non-Free Software', and buy the TomTom app.

 Your argument may be 'but every software for the phone really should
 be free - people will write it'. However, if someone hasn't come up
 with an absolutely free, modifiable mapping software, I should just be
 able to get the proprietary, closed version. It should be easier to do
 that than to look in the marketplace, conclude 'oh, this doesn't
 exist', and not get an OpenMoko phone because of it.

You are expanding free to free to give up your freedom, which
destroys the meaning of freedom with something like a Russell
paradox.



Freedom also means freedom to choose what software I want to run.
If I want to run an OpenMoko version of the closed source program
'TomTom' for my navigation, then who are you to decide that I can't?

Sure, it would be nice if every piece of software available for the OM
was open sourced (under whatever licence), but we all know that there
will be software that will not be opened (TomTom could be one of
them).

Not every person likes to be _restricted_ to only GPL-licenced software.

I want to have the freedom to choose to install closed-source software
as well as open sourced software, and if I have to pay for that, then
that would be just fine.


 If you feel allowing proprietary, closed software in hurts the 'free
 your phone' spirit, and the market place is closed to them, it only
 hurts the amount of applications available for the phone.

The amount of applications available for the phone is not the goal;
the goal is to have a 100% free software phone.



No, the goal is to have a usable phone. A phone that works, with
software that people want and need.
That the phone's completely free is also great, but please leave ME
the freedom to choose to add closed-source to the stack too. You don't
have to, but it's not up to you to say that I can't choose that.
Freedom remember? (I just don't allow any DRM system to live on my
machines, that is where I draw the line :))

I understand your line of reasoning, I just happen to disagree with you.
I run Ubuntu here, on my home computer. But I do have Opera installed
(not open-source, but still a great application), and I do have some
closed sourced games installed (because there aren't a whole lot of
good open source games that actually interest me). Just to name a few
apps that I use regularly.

--
Marcel

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Re: Possibilities for commercial software?

2007-01-25 Thread Oleg Gusev
Am Donnerstag, 25. Januar 2007 22:04 schrieb Ortwin Regel:

 What about DRM

Defective by design ?

 is there a way to bind a program to a 
 sync ID like it's usually done with PalmOS or to a device ID? (It
 should be possible to bind it to an SD card ID, right?) 


Don't forget that all data goes through the kernel.

 Oleg.

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Re: Possibilities for commercial software?

2007-01-25 Thread Marcel de Jong

Hello Ortwin,

On 1/25/07, Ortwin Regel [EMAIL PROTECTED] wrote:

I like open source and stuff but some things, especially games, are
closed in many cases. What are the possibilities for selling closed
software for OpenMoko devices? Will there be a central online
marketplace?

I think that there will be places for people to sell closed software.


What about DRM, is there a way to bind a program to a
sync ID like it's usually done with PalmOS or to a device ID? (It
should be possible to bind it to an SD card ID, right?) Any creative
ideas how to solve the usual issues people have with stupid DRM
systems etc. and still being able to get money for software
development?


It's pretty clear that DRM does not work (just look at the recent
'cracking' of HDDVD and BluRay discs by one person). And I personally
hope that there will be no DRM on this device. (which would be pretty
hard, considering that almost everything about the phone is open
source)
My experience with DRM'ed products is that they only hinder your
honest customers, and not the pirates. If someone wants to get your
software for free, chance are (s)he can get it.

The best way is just to trust your customers.

sincerely,
Marcel de Jong

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Re: Possibilities for commercial software?

2007-01-25 Thread Marcel de Jong

On 1/26/07, Ortwin Regel [EMAIL PROTECTED] wrote:

I share your opinions but try to tell that to some developers... :-/
They feel safer if they can bind their program to only work with one
hotsync ID, one device, one SD card... Even if it does not work.
It would be nice if some more developers could be convinced that
selling without restrictions can work. However, that makes a central
marketplace even more important: It has to be easier to find a legal
copy of the game than to find a pirated one.



I think that most developers that are on this list have a pretty
strong opinion against DRM.

---
Marcel de Jong

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Re: Possibilities for commercial software?

2007-01-25 Thread Mikhail Gusarov

Twas brillig at 01:17:56 26.01.2007 UTC+01 when Ortwin Regel did gyre and 
gimble:

 OR I share your opinions but try to tell that to some
 OR developers... :-/ They feel safer if they can bind their program
 OR to only work with one hotsync ID, one device, one SD card...

I bet it's not the developers, but management who enforces this.

-- 
JID: [EMAIL PROTECTED]

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