Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Matthias Fischmann

On Sun, Aug 06, 2006 at 10:46:16AM +0100, Chris Kuklewicz wrote:
 
 [...]
 
 The GPL only gets in the way if you put it there by choosing to derive work 
 from GPL code.  Note that most commercial programs do not allow you the 
 choice of deriving your work from theirs at all.  The GPL adds to your 
 free-as-in-freedom: you can derive work from others' GPL work and you can 

GPL also brings about restrictions to freedom-in-speech that are
rarely mentioned: Say you develop the code for a client to run her
production facilities.  This code contains sensitive information about
the way the facilities work and must not fall into the hands of the
client's competitors.  But if GPL is stuck to any part of the code and
manages to infect the rest, the client can make you sign as many NDAs
as there can be.  The GPL still entitles you to sell it.  I'm sure
there are other scenarios in which the restritions that GPL places on
the developer are equally prohibitive.

GPL/LGPL is interesting, LGPL v3 may turn into something cool or not.
(I heard they have problems sorting out the above scenario, too, or
something more tricky, I forgot.)  But placing restrictions on how the
code may be used has lead to surprising problems.  BSD on the other
hand is a safe bet.


cheers,
matthias


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Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Chris Kuklewicz

There is a false statement that must be corrected, about NDA's.

Matthias Fischmann wrote:

On Sun, Aug 06, 2006 at 10:46:16AM +0100, Chris Kuklewicz wrote:

[...]

The GPL only gets in the way if you put it there by choosing to derive work 
from GPL code.  Note that most commercial programs do not allow you the 
choice of deriving your work from theirs at all.  The GPL adds to your 
free-as-in-freedom: you can derive work from others' GPL work and you can 


GPL also brings about restrictions to freedom-in-speech that are
rarely mentioned: Say you develop the code for a client to run her
production facilities.  This code contains sensitive information about
the way the facilities work and must not fall into the hands of the
client's competitors.  But if GPL is stuck to any part of the code and
manages to infect the rest, the client can make you sign as many NDAs
as there can be. 


The GPL is not a disease that infects.  That is a metaphor made by people who 
hate such licenses.  The GPL does not blow in the window or from someone's 
sneeze and get stuck to code.  To introduce GPL derived code is a choice made 
be the programmer.  You can always choose not to derive from GPL code, and you 
can always change your mind later and rewrite the derived code so you can remove 
it.  Talking about biological metaphors is deliberately misleading.



 ...the client can make you sign as many NDAs
as there can be. 
The GPL still entitles you to sell it.  I'm sure

there are other scenarios in which the restritions that GPL places on
the developer are equally prohibitive.


No.  You are wrong. Google for GPL and NDA gives 
http://www.gnu.org/licenses/gpl-faq.html :



Does the GPL allow me to distribute a modified or beta version under a
nondisclosure agreement?

No. The GPL says that anyone who receives a copy of your version
from you has the right to redistribute copies (modified or not) of
that version. It does not give you permission to distribute the
work on any more restrictive basis.

Does the GPL allow me to develop a modified version under a
nondisclosure agreement?

Yes. For instance, you can accept a contract to develop changes
and agree not to release your changes until the client says
ok. This is permitted because in this case no GPL-covered code is
being distributed under an NDA.

You can also release your changes to the client under the GPL, but
agree not to release them to anyone else unless the client says
ok. In this case, too, no GPL-covered code is being distributed
under an NDA, or under any additional restrictions.

The GPL would give the client the right to redistribute your
version. In this scenario, the client will probably choose not to
exercise that right, but does have the right.


As the developer you can sign an NDA and it will bind you.  But it will not bind 
the client.



GPL/LGPL is interesting, LGPL v3 may turn into something cool or not.
(I heard they have problems sorting out the above scenario, too, or
something more tricky, I forgot.)  But placing restrictions on how the
code may be used has lead to surprising problems.  BSD on the other
hand is a safe bet.


Note that there are many people who will not do work on a BSD project since a 
company can just come along and take it.  People are free to choose GPL or BSD 
for their work and then other people are free to choose whether to derive work 
from them.  But if there was no GPL and the only choice was BSD then much of the 
current GPL'd work would not exist.


--
Chris
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Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Udo Stenzel
Matthias Fischmann wrote:
 But if GPL is stuck to any part of the code and
 manages to infect the rest, the client can make you sign as many NDAs
 as there can be.  The GPL still entitles you to sell it.

Nonsense.  The GPL says, *if* you distribute a binary, *then* you also
have to distribute the complete, machine readable source.  It also
specifically says that if that is impossible (because of an NDA or
whatever), you must not distribute the software at all.  Have you ever
read the damn thing?!


Udo.
-- 
Wo die Macht geistlos ist, ist der Geist machtlos.
-- aus einem Gipfelbuch


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Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Niklas Broberg

Note that there are many people who will not do work on a BSD project since a
company can just come along and take it.  People are free to choose GPL or BSD
for their work and then other people are free to choose whether to derive work
from them.


But this is just the thing, isn't it? The GPL has its purpose, and is
a great license for applications like Apache or RedHat, where you
don't want companies to just come along and take the code. But for
library code, which is what this discussion was all about from the
beginning, why ever would you *not* want anyone, anywhere, to take and
use your code? And in particular so for Haskell, where we are striving
hard to make industry catch on.

/Niklas
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Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Matthias Fischmann

On Mon, Aug 07, 2006 at 12:57:47PM +0100, Chris Kuklewicz wrote:
 To: Matthias Fischmann [EMAIL PROTECTED]
 CC: haskell-cafe@haskell.org
 From: Chris Kuklewicz [EMAIL PROTECTED]
 Date: Mon, 07 Aug 2006 12:57:47 +0100
 Subject: Re: [Haskell-cafe] Why Not Haskell?  (sidenote on licensing)
 
 There is a false statement that must be corrected, about NDA's.

Sorry.  Just learned something, thanks!

 Matthias Fischmann wrote:
 On Sun, Aug 06, 2006 at 10:46:16AM +0100, Chris Kuklewicz wrote:
 [...]
 
 The GPL only gets in the way if you put it there by choosing to derive 
 work from GPL code.  Note that most commercial programs do not allow you 
 the choice of deriving your work from theirs at all.  The GPL adds to 
 your free-as-in-freedom: you can derive work from others' GPL work and 
 you can 
 
 GPL also brings about restrictions to freedom-in-speech that are
 rarely mentioned: Say you develop the code for a client to run her
 production facilities.  This code contains sensitive information about
 the way the facilities work and must not fall into the hands of the
 client's competitors.  But if GPL is stuck to any part of the code and
 manages to infect the rest, the client can make you sign as many NDAs
 as there can be. 
 
 The GPL is not a disease that infects.  That is a metaphor made by people 
 who hate such licenses.  The GPL does not blow in the window or from 
 someone's sneeze and get stuck to code.  To introduce GPL derived code is 
 a choice made be the programmer.  You can always choose not to derive from 
 GPL code, and you can always change your mind later and rewrite the derived 
 code so you can remove it.  Talking about biological metaphors is 
 deliberately misleading.

Sorry, I didn't mean to offend anybody, or be misleading.  I like GPL,
but I also like the disease metaphor (although is not as much being
sneezed at as having sex with somebody :-).

And it's really not as easy to control as you suggest: If you ever
take in a single patch under the GPL, or even implement a new feature
in an obvious way that has been implemented by somebody else under the
GPL, you are in trouble.  AFAIR this happened to SSH.com with the
bigint code in ssh-v1.3, but if you contradict me now I have to take
your word for it.  (So please do! :)

 http://www.gnu.org/licenses/gpl-faq.html :
 
 Does the GPL allow me to distribute a modified or beta version under a
 nondisclosure agreement?
 
 No. The GPL says that anyone who receives a copy of your version
 from you has the right to redistribute copies (modified or not) of
 that version. It does not give you permission to distribute the
 work on any more restrictive basis.

(In my example I was worried about *less* restrictive, but the
subsequent points seem to cover that, too.)

 GPL/LGPL is interesting, LGPL v3 may turn into something cool or not.
 (I heard they have problems sorting out the above scenario, too, or
 something more tricky, I forgot.)  But placing restrictions on how the
 code may be used has lead to surprising problems.  BSD on the other
 hand is a safe bet.
 
 Note that there are many people who will not do work on a BSD project since 
 a company can just come along and take it.  People are free to choose GPL 
 or BSD for their work and then other people are free to choose whether to 
 derive work from them.  But if there was no GPL and the only choice was BSD 
 then much of the current GPL'd work would not exist.

I tend to agree.  Would be fun to have some empirical data to boost
the accuracy of the 'much' part of this.

cheers,
Matthias


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Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Udo Stenzel
Matthias Fischmann wrote:
 And it's really not as easy to control as you suggest: If you ever
 take in a single patch under the GPL,

This kind of thing doesn't happen by accident.  Patches don't magically
creep into your code, you have to apply them deliberately and you should
always know whether you are allowed to do so.  Applying a BSD-licensed
patch and neglecting to mention the author may get you into exactly as
much trouble.


 or even implement a new feature
 in an obvious way that has been implemented by somebody else under the
 GPL, you are in trouble.

Bullshit again, for the GPL applies to code, not to ideas.  Unless you
believe that copyright law does indeed apply to ideas, *and* that a
GPL-developer will come after you for reimplementing (not copying) his
work, you have nothing to fear unless you outright steal code.

May I humbly suggest some reading, like the text of the GPL itself and
then something basic about copyright law?  


 AFAIR this happened to SSH.com with the
 bigint code in ssh-v1.3

SSH included GMP, which was licensed under the GPL.  Nothing happened
there, only the OpenSSH folks disliked the license and reimplemented
GMP.


Udo.
-- 
The imagination of nature is far, far greater than the imagination of man.
-- Richard Feynman


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Re: [Haskell-cafe] Why Not Haskell? (sidenote on licensing)

2006-08-07 Thread Matthias Fischmann

Udo,

us:
 mf:
  AFAIR this happened to SSH.com with the
  bigint code in ssh-v1.3
 
 SSH included GMP, which was licensed under the GPL.  Nothing happened
 there, only the OpenSSH folks disliked the license and reimplemented
 GMP.

... and had to fight an ugly battle over the question whether the
reimplementation was legitimate reuse of ideas or code theft.

I don't understand why you have to be so insulting.  I was making a
false claim because I didn't know better, but I don't consider that a
good reason to claim everything I am saying is bullshit and start a
bar fight.

Anyway this is not only getting ugly but also way off topic.  I'm out.


cheers,
Matthias


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