Re: [License-discuss] Open Source Eventually License Development

2013-08-26 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

Now I see what you're trying to do.  The TGPPL is an interesting idea.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-20 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

In principle, this should be a free software license as far as I can see.
It would call for study by a lawyer, however.

I recommend that anyone using this use it in parallel with GPL
3-or-later, as you have done.  That way, the program can't fail to be
free software.  And there is nothing to lose by doing this, since it
permits anyone to release a version with trivial modifications under
GPL 3-or-later at any time.

What do you think of making that recommendation?

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-18 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

Yes, that's the alternative I originally recommended and that we have
been discussing Larry Rosen's objection to.  The agreement between D
and O might be one designed to create a fiduciary relationship, of
special trust and accountability, to which the legal system applies
uniquely high standards of responsibility.  It's this fiduciary
relationship with a third party which entitles you to the intervention
of mandatory orders to perform promises.

I don't understand why this is even relevant to the issue.
You seem to presume that an ordinary contract between D and O
is not sufficient, but you didn't explicitly say that.

Is an ordinary contract between D and O not sufficient?
If not, why not?


-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-18 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

It is ironic that you wrote: "Specific performance, a mandatory remedial
order to perform a promise, is not generally available at common law, as
first-year students all learn." You must realize, of course, that the great
(unreasonable) fear of the GPL is that a licensee will be required to
disclose his other software that merely links to the GPL program. How would
this be required if not by an order for specific performance?

In the usual circumstances, we could make him stop distributing the
product unless he complies.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

Suppose developer Ds give the code to organization O, and signs a
contract with O giving O the right to distribute that code under the
GNU GPL starting at a future date F.  Is that something O can rely on?
Is there any way for D to retract that?

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

Tahoe-LAFS is also available under the GPL, at your option.

That makes Tahoe-LAFS free software, regardless of what the TGPPL says.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

Tahoe-LAFS is licensed to the public under the "Transitive Grace Period 
Public
Licence 1.0" [*]. Tahoe-LAFS is Free and Open software. The "Transitive 
Grace
Period Public Licence" is an Open Source licence.

Is that true?  Or is it just a hypothetical example?

I don't recall studying this license.  I am not sure what it says.  It
is not in our license-list.html page.  So I don't know whether it is a
free software license, and if it isn't, then Tahoe-LAFS is not free
sotfware.

If you send me the text of this license, I can study it.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-16 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

Unfortunately the open source world has not been very amenable to things
that stray beyond the scope of fairly narrow definitions of open source.

There is a misunderstanding here.  I don't support open source and I
don't follow a definition of open source.  I launched the free
software movement.

The basic idea of the free software movement is that software must
respect the users' freedom.  If a program is not free software,
it is an injustice and should not exist.

Trying to persuade me to relax our standards of freedom in the name of
"open source" is like asking Edward Snowden to stop publishing leaks
in the name of "national security".  It's a fundamental conceptual
confusion and a non-starter.

Thus we have nothing equivalent to Creative Commons for software that
would cover not just CC-BY and CC-BY-SA but also NC, ND and in your case
some kind of time delay license.

Any license which had restrictions comparable to NC or ND would fail
to respect users' freedoms, so it would not be a free software license.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-14 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

I actually like the Ghostscript/Aladdin license, which was essentially
GPL-after-one-year. I was their attorney at the time and I fully supported
their business and licensing model. (For what it is worth, so did my
client's friend, Richard Stallman, who apparently considered this a
reasonable way then to end up with GPL software.)

That is not quite accurate.  I considered it a problematical
compromise.  At least it gave us free software after a year.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: [License-discuss] Open Source Eventually License Development

2013-08-14 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider
[ whether defending the US Constitution against all enemies,
[ foreign or domestic, requires you to follow Snowden's example.

All the FSF will say about it is that if and when the program becomes
free software, at that point we could recommend its use, and until then
we urge people not to use it.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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Re: The regrettable use of "all" in Section 7 of the GPL

2004-02-19 Thread Richard Stallman
Now this "all" seems extremely unfortunate to me.  Suppose I file
for a patent P, the practice of which is required to run program R
released under the GPL.  Normally, distribution of R would be impossible.
But suppose I issue the following public license:  "Everyone is allowed
to practice patent P royalty-free (etc. etc.) except for the notorious
Richard Stallman."  Is distribution of R still impossible because Stallman
can't use it?

Yes, it is.

The same would be true if "John Cowan" were substituted for "Richard
Stallman".  "Free for everyone except you" is not free software
and is not allowed by the GPL.

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Re: Compatibility of the AFL with the GPL

2003-03-15 Thread Richard Stallman
The point of the law school exam being for anyone to be able to show a
difference in people's behavior in re GPLed code versus AFL+GPLed
code.  How can the licenses be said to be incompatible if the supposed
incompatibility causes no change in anyone's behavior?

The presence of the AFL mutual defense clause would make a real
difference to people's behavior in the following case.

Suppose W is under the GPL and X is under the AFL.  P combines them
and distributes X+W to Q saying it is licensed under the GPL.  Now
suppose that Q sues some unrelated party R for patent infringement
about some unrelated program Z and triggers the mutual defense clause.

If the license for X+W is the GPL, this patent suit has no effect on
Q's right to use X+W.  Q can still use it--or any part of it--under
the GPL.  However, if the mutual defense clause applies to X+W, then Q
loses the right to distribute X+W and could be sued for copyright
infringement for using (parts of) that work in a way that he has no
copyright license for.  That means that the conditions on use of X+W
are different from the GPL.  The GPL does not permit using W in such a
combination.

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Re: Compatibility of the AFL with the GPL

2003-03-13 Thread Richard Stallman
BigCo brings Debian Linux into its research labs.

The name of that distribution is Debian GNU/Linux.  (It is a version
of GNU/Linux.)

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Re: Compatibility of the AFL with the GPL

2003-03-13 Thread Richard Stallman
Bottom line: I can assure you, as the license author, that the AFL is
intended to be used for software that can be incorporated into
GPL-licensed software, and I will almost certainly so advise my clients:

I hope you will decide that you owe it to your clients to inform them
that the FSF rejects your analysis, and that if they do this with
FSF-copyrighted GPL-covered software they may get into a legal dispute
with us.

There is no possible reason to assume that the GPL states all
the important rules of behavior in the open source community or
expresses each licensor's view of what is truly free software.

We designed the GPL to further the goals of the free software
movement, but we never said it states all the important rules of
behavior in the free software community.  That would be a very hard
job which, fortunately, we need not try to do.

What we did aim for is to produce a copyleft license: that is, a
license that doesn't allow additional terms to be added, not even when
the program is extended.  This characteristic, of being a copyleft, is
the reason so many people in our community (including supporters of
the open source movement) use the GPL.

Adding the AFL's license terms would not make the program non-free.
But if people could in general add terms of their choosing, people
could add other terms that would make the software non-free.  We
believe that we have designed the GPL to prohibit this.  By arguing
that we have failed, you are trying to destroy the underpinning of the
majority of free software packages.  Thousands of developers will hope
and pray that judges listen to us and not to you.

We are trying to design, for GPL 3, a way that people can add a
certain selected range of license terms for their own code.  We have
not solved all the problems yet.  We cannot promise that the AFL's
specific requirements will be in this range.  In any case, this is
something for the future.  For now, the GPL is incompatible with
licenses that add requirements that are not in the GPL, independent of
whether they are good requirements or bad requirements.


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Re: Compatibility of the AFL with the GPL

2003-03-12 Thread Richard Stallman
> The key question:  If Person C who has W' sues Person A for 
> patent infringement, does that void his license to do things with W'?

If C sues A for patent infringement, C can no longer copy, modify or
distribute W, or W+X, or W', because his license to do those things with
W is terminated.

This means that the license for W+X is not the GPL.  More precisely,
that the GPL is not the whole of the license that applies to C for
W+X.

The GPL does not permit using X in this way.  It does not permit
adding any other restriction whatsoever to any work that contains or
derives from X.

Section 7 applies to any other license that limits the GPL rights in
any way, and that includes terminating them under any conditions
where the GPL itself would not terminate them.
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Re: Compatibility of the AFL with the GPL

2003-03-12 Thread Richard Stallman
  Under
U.S. trademark law, anyone can say "I've built a derivative work of
Apache" without using Apache's good name, or yours, to endorse or
promote their software.

It looks like use of Apache's good name to me.  If it isn't what it
looks like, I guess these words are not clear.

 I think the words "endorse" and "promote" are
clear enough.

Perhaps this shows those words are highly confusing.

  Do you want me to add the
phrase "pretty please" to the end of the provision so that people will
recognize it is a reminder rather than an order to do or not to do
something?  

Being serious rather than facetious, if this provision said "This
license does not grant any license to use the trademarks ..." then it
would clearly be a reminder and it would not be incompatible with the
GPL.

> I put on it has to carry forward the same terms, at least on 
> that original code, unless I indemnify those I give software 
> to by meeting the terms on their behalf?
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Re: Compatibility of the AFL with the GPL

2003-03-12 Thread Richard Stallman
The trademark clause in the AFL merely states that "Neither the names of
Licensor, nor the names of any contributors to the Original Work, nor
any of their trademarks or service marks, may be used to endorse or
promote products derived from this Original Work without express prior
written permission of the Licensor."

This goes beyond the requirements of trademark law, which permits
some kinds of use of the trademark as fair use.

Why can't a licensor prohibit the use of his trademarks or his good name
even while he provides a TOTALLY FREE copyright license to his software?

You are arguing against a statement I did not make.  I never said that
a free software license cannot include such a requirement.  On the
contrary, we recognize the AFL as a free software license, trademark
requirement and all.  The question here is compatibility with the GPL.

The trademark requirement of the AFL is nontrivial because it goes
beyond what trademark law requires.  Therefore it is a restriction
that is not in the GPL, and that makes the licenses incompatible.

As it happens, I disapprove somewhat of this trademark requirement--I
think it goes too far.  But that disapproval is not condemnation.
We recognize the AFL as a valid free software license.

I'll leave for another thread any discussion about whether this is a
good idea or a bad idea.  But how is it incompatible with the GPL?

It is a requirement that isn't in the GPL.  The GPL, being a strong
copyleft, does not permit adding requirements of any sort.  So any license
that has requirements not in the GPL is incompatible with the GPL.

***Anyone*** is free to take software licensed under the AFL and
re-license it under any license, including licenses not containing the
Mutual Defense provision ["to use, copy, modify, merge, publish,
perform, distribute and/or sell copies of the Original Work and
derivative works thereof,..."].

If I relicense in this way under a license such as the X11 license,
which includes neither the mutual defense nor the trademark provision,
does that make those provisions completely cease to apply to the code
as I redistribute it?  Or does it only mean that they come from the
author and not from me?

I assumed it was the latter, and my conclusions are based on that.

If it is the former, then the AFL is indeed compatible with the GPL,
but the mutual defense and trademark provisions are completely
ineffective because they are so easy to weasel out of.  Surely that is
not what you intend; you must surely intend these provisions to bind
all users of the code.  That is why I expect it is the latter--that I
could put on a license from me which doesn't impose such requirements
from me, but that would not negate the requirements imposed by the
first author.


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Re: Copyright

2002-10-25 Thread Richard Stallman
It's called the GPL because it assigns certain rights to everyone, not because
it makes everyone (or some abstract entity called "the general public")
the owner.

Legally, a GPL-covered work is copyrighted and has certain copyright
holders.  For certain purposes, it makes a difference who they are.
For instance, they alone have legal standing to enforce the GPL (in US
law, at least).  Since copyright holders are also called "owers",
these persons are legally the owners of the work.

However, in the GNU Project we see ourselves ethically not as owners
of something we can use at our pleasure, but as custodians of the work
on behalf of the public.  In spirit, the public should be the owner,
but since copyright law doesn't work that way, the public is not
legally the owner.

Credit is a different matter--we're all in favor of giving credit
to people who advance knowledge.


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Re: The Feudal Lord Analogy

2002-03-24 Thread Richard Stallman

Since the beginning, software works were placed under the protection
of Copyright Laws.

If we replace the propaganda term "protection" with a neutral term
such as "coverage", this is a true and useful statement--because you
said "copyright".  If you replace "copyright" with "intellectual
property", that would make it uselessly vague.

It is a mistake to try to think about "intellectual property", because
at that level of generalization one loses all the important details
that give copyrights, patents, and trademarks their effects.


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Re: The Feudal Lord Analogy (Response to Mr Stallman)

2002-03-22 Thread Richard Stallman

My Lord, you should re-read any Internet FAQ about list usage, 
in particular, about people sending void, non-useful messages.

The propaganda term "intellectual property" does a lot of harm, and
explaining this problem is useful, in my opinion.  Your opinion may be
different.
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Re: The Feudal Lord Analogy

2002-03-19 Thread Richard Stallman

> I appeal to everyone in this discussion to resist and reject the use
> of the propaganda term "intellectual property" to label the topic now

??? - Nobody used it this way. 

I was responding to this text, written by someone in this discussion
(I don't know who, but it isn't crucial).

> While there are differences between copyrights and patents, 
> the purpose of
> both is protection of your IP.

Describing software as "intellectual property" is confusion
of the sort I described, in the worst possible degree.

It appears clearly you did not follow the thread.

That is correct, I am not following the thread, just skimming the
messages for basic points I ought to respond to.  I don't have time
to study those long messages.

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Re: The Feudal Lord Analogy (RE: Response to Mr. Maturana)

2002-03-18 Thread Richard Stallman

I appeal to everyone in this discussion to resist and reject the use
of the propaganda term "intellectual property" to label the topic now
under discussion.  It is more clear, and less biased, to describe the
topic as "copyright and patents".

The term "intellectual property" encourages simplistic
overgeneralization: lumping together copyrights, patents, and various
other things too.  It also encourages a specific idea of what is
important about them--that they are something that could be bought or
sold--with all the details, the ways they restrict other people's
activities, treated as secondary.

See http://www.gnu.org/philosophy/words-to-avoid.html for more
explanation.

A discussion that uses the term "intellectual property" is likely to
embody that bias as a premise.  I don't have time to study the long
messages in this thread, but simply to ask whether copyright is
"effective" enough suggests that that bias is present.  The useful
response in such a situation is to bring the bias out in the open and
then criticize it.  To respond to the details of the arguments erected
on that foundation is a side track.

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Re: OSD modification regarding what license can require of user

2002-03-15 Thread Richard Stallman

The reason we've decided that this ASP requirement is legitimate is
that it is a matter of requiring making the modified source code
available in a case of public use.  It extends existing GPL
requirements coherently to a new scenario of usage.

It would be wrong to require publication of modified versions
that are used privately, but inviting the public to use a server
is not private use.
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Re: OSD modification regarding what license can require of user

2002-03-15 Thread Richard Stallman

A simple example: it is totally trivial on Windows to build a 'service'
from a DLL, exposing its entire interface. This would be running as a
separate executable, but would look like a regular library to any
windows program.

The FSF's position is that the GPL applies to any programs which are
designed to link with that DLL, that this is legally equivalent to
statically linking them.


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Re: OSD modification regarding what license can require of user

2002-03-14 Thread Richard Stallman

I think these issues should be judged by the substance of the
requirement rather than by the legal hook which is used to impose it.
For instance, a requirement to make source available to users is
substantively a requirement of distribution rather than a restriction
on use.

At present we are planning to try to handle the ASP problem in the GPL
through a limitation on a certain kind of modification--that you can't
delete or disable a command that lets the user download source (if the
program has one to start with).  Lawyers we have consulted think that
will work.


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Re: Advertising Clauses in Licenses

2002-01-21 Thread Richard Stallman

  So where
in the OSD, or in the GPL, do we make it clear that potentially
burdensome license requirements (however those are defined) are not
allowed?

I recommend you allow them but deprecate them.  That is what we do.
We always did recognize the old BSD license as a free software
license, but we said people should avoid it because of its annoying
practical consequences.

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Re: Plan 9 license

2000-09-05 Thread Richard Stallman

Making "non authorized copies" is slavery! 

If you don't have power over other people, you are a slave.
Boy, that is extreme. 




Re: Plan 9 license

2000-09-02 Thread Richard Stallman

But the idea that
information can be stolen already has a strong foothold in the public
mind, even among the Free Software and Open Source movements. For
example, I have often heard that one should use a copyleft rather than
an unrestricted license so that "the source code can't be stolen."

They are using the term "stolen" in a sense which does not refer to
illegality.  Quite the reverse--the action they are calling "stealing"
would be lawful, and that is precisely the point they are making.

So I think that use of "stealing" for this is a misleading analogy,
and will lead to unclear thinking.  We should discourage it.

Legally, making a non-free version of a copylefted program is a
violation of the copyright holder's rights.  But morally, the wrong is
not done to the program's author.  It is done to the public.




Re: Plan 9 license

2000-09-02 Thread Richard Stallman

Which is way I also dislike the terms "slavery", "subjugation" and
"domination" in reference to closed source software. These terms also
have polemical associations with evil and violence. If one metaphor is
wrong, then so is the other.

I have little to say about closed-source software because I do not
participate in the Open Source Movement.  I have opinions about
free software and non-free software.  The category of open source
overlaps both of them.

I use the terms "subjugation" and "domination" to describe non-free
software.  These are not metaphors; they are descriptions which fit
non-free software.  I also use metaphors such as "chains".  But I do
not describe non-free software as "slavery", since that term seems
like an exaggeration.  The subjugation which non-free software
inflicts does not cover all of life, as slavery does, just one aspect
of life.

All these phrases express an ethical judgement of non-free software.
Calling unauthorized copying "piracy" also expresses an ethical
judgement: one that supports domination by the owners of software.  It
is right and proper for people to take positions on ethical issues.
It is because of the position ESR stands for that I say "Shame!"



Re: Plan 9 license

2000-09-02 Thread Richard Stallman

The image of pillaging bucanneers may be an unfortunate association,
but it is metaphorically correct.

That copyright infringement is illegal is a fact, but "piracy" doesn't
just refer to that fact.  It makes a moral statement, and it is the
moral statement that I say "shame" to.

You are mixing a moral question with a legal one--in effect presuming
that law makes things right and wrong.  If law awards someone a
monopoly, you seem to say, then violating the monopoly is as bad as
being a thief or a pirate, and the law makes it "correct" to equate
them morally.

The law does not deserve that kind of moral authority.  If the law
prohibits sharing software, then shame on the law.






Re: Plan 9 license

2000-09-02 Thread Richard Stallman

There are other equally usable terms that do not carry the same
polemical associations with evil and violence.  "Bootlegging" comes
readily to mind.

I recommend "unauthorized copying".  It is a neutral, factual
description which expresses no opinion.




Re: Plan 9 license

2000-09-02 Thread Richard Stallman

Yes, I agree with RMS here. We should not call it piracy but
slavery. Unauthorized copying of intellectual capital/property
means denying the freedom of the IP holder.

No, it means denying the power of the copyright owner.  Control over
your own actions is freedom.  Control over the actions of others is
power.

If you don't make this distinction, you will have no compass for
thinking about such issues.  For instance, I would say that people who
copied samizdat in the Soviet Union were denying the power of the
Soviet rulers.  But you would say they were denything the rulers'
freedom.  So you would see no basis to take sides between them and the
rulers.

Using the term "intellectual property" in your thinking is also
disregarding important distinctions, between patents, copyrights,
trademarks and trade secrets.  These are almost entirely different, so
trying to talk about all of them at once generally leads to mistaken
generalizations.  See
http://www.gnu.org/philosophy/words-to-avoid.html for more
explanation.




Re: Plan 9 license

2000-09-01 Thread Richard Stallman

I am ashamed of Eric Raymond for using the term "piracy" to describe
unauthorized copying.  That word is a propaganda term, designed to
imply that unauthorized copying is the moral equivalent of attacking a
ship.




Re: Plan 9 license

2000-09-01 Thread Richard Stallman

My understanding was that a legal entity can make private
modifications to GPL software and is allowed to keep those
modifications private,

That is our interpretation.  In other words, using a copy
within the company is not distribution to others.

So, since a corporation is allowed to make private changes, I don't
see why they could not instruct their employees to keep those changes
private to the company.

I believe that they can.



Re: Plan 9 license

2000-08-29 Thread Richard Stallman

Perhaps the reason why the commercial software world
is more enamored of Open Source than it is of Free Software might not
be in the differing emphasis, but in that Open Source does
not demand adherance to a particular philosophy.

Yes, that's it exactly.  The Free Software Movement has a particular
philosophy about freedom; this philosophy is the reason we developed
the GNU system.

The Open Source Movement has a policy of not raising this issue at
all.  This is the underlying difference between the two movements.




Re: Plan 9 license

2000-08-29 Thread Richard Stallman

For the record, that would be the Free Software _Foundation_, wouldn't it?

For the record, I meant the Free Software Movement, which is what I
wrote.  The Free Software Movement is much bigger than the Free
Software Foundation, and somewhat older as well.



Re: Plan 9 license

2000-08-27 Thread Richard Stallman

The Free Software Movement has its goals, its philosophy, and its
definition of free software.  You probably have your own goals and
philosophy, and if you want to have a different idea of what free
software means, you can do that too.  But then it isn't the Free
Software Movement.




Re: Plan 9 license

2000-08-26 Thread Richard Stallman

You're right that the definition of free software, like the definition
of open source, need to be interpreted by people who are committed to
the goals with which those definitions were written.  Neither one is
designed to be fiendproof when interpreted by people that don't share
the goal.

You should also have the freedom to make modifications and use them
privately in your own work or play, without even mentioning that
they exist.

The use of "should" rather than "must" causes it to appear that this is
optional, but strongly encouraged.  This freedom would fall under 

I meant this to be a requirement.  I guess I should clarify the wording.



Re: RMS on OpenMotif

2000-08-21 Thread Richard Stallman

>  Ironically, that restriction excludes nearly all the commercial GNU/Linux
>  distributions. They typically include some non-free software--an
>  unfortunate policy--and hardly any of them fits the criterion specified
>  in the Motif license. 

The OpenMotif licensing FAQ clarifies that the reference is to the
*kernel* of the operating system only, without regard to bundled utility
programs.

In that case, they should change the license and say so explicitly.
(Though this is just a side issue.)

>  Their definition of the term "open source" is very different from the
 one used by the Open Source Movement, thus causing confusion.

Similarly, the FAQ explicitly states an intent to conform to the OSD.  

The problem is that they are using the term "open source" with their
own private (lax) definition.  Good intentions don't make the problem
go away.  Using a different term for their meaning would make THIS
problem go away.

Given the other problems, though, hair-splitting about this one
doesn't seem especially useful.




Re: Compulsory checkin clauses.

2000-08-06 Thread Richard Stallman

So here's an idea. Why not have a clause that requires checkin if:

  1. A bug is fixed. (7 day checkin).
or
  2. A total of more than 300 lines of code is changes/added (90 day checkin).

I would still have to say that this is not free software.



Re: Compulsory checkin clauses.

2000-08-06 Thread Richard Stallman

So here's an idea. Why not have a clause that requires checkin if:

  1. A bug is fixed. (7 day checkin).
or
  2. A total of more than 300 lines of code is changes/added (90 day checkin).

I would still have to say that this is not free software.



Re: RMS on Plan 9 license, with my comments

2000-07-26 Thread Richard Stallman

> > and may, at Your option, include a reasonable charge for the cost
> > of any media.
> 
> This seems to limit the price that may be charged for an initial
> distribution, prohibiting selling copies for a profit.

I don't think this is really a problem; a "reasonable" charge can be
whatever the buyer is willing to pay.

If we could be sure of that interpretation, I would agree this issue
is not a problem.  But I don't think that interpretation is right.
The problem is, it would make the word "reasonable" a no-op.  My
understanding is that judges are reluctant to turn any word into a
license into a no-op; they reason that "the word was put in to
contribute to the meaning, so the meaning must be different somehow
from what it would be without that word."  I believe therefore that
they will tend to reject your interpretation.

It would be interesting to hear a lawyer's advice on this point.

If Lucent intends the interpretation that you propose, they ought to
be willing to delete the word "reasonable" and thus express their
intentions more unambiguously.

> > Distribution of Licensed Software to third parties pursuant to this
> > grant shall be subject to the same terms and conditions as set
> > forth in this Agreement,
> 
> This seems to say when you redistribute you must insist on a contract
> with the recipients, just as Lucent demands when you download it.

I don't think this is a problem either.  The license doesn't say that
your distributees must explicitly agree to the terms, just that those
terms are imposed on them.

Once again, if we can rely on your interpretation, this clause is not
a problem.  But with another plausible interpretation, we cannot be
certain, and we must accept a license based on wishful thinking.  What
happens if Lucent and a judge adopt the interpretation I saw?

If lawyers assure us that your interpretation is the only one judges
would accept, then we could cross that problem off the list.  But it
would be a good idea to ask Lucent to explicitly agree with the
interpretation, by clarifying the wording.

I think RMS is overdoing it here.  The EARs apply only to goods exported
from the U.S., not to those exported from other countries, no matter
what this license says.

If we could rely on your interpretation and conclusions, this would
not be an issue.  My understanding is that the US export regulations
do claim to apply to reexport.  Enforcing them in another country
might be difficult.  However, if the license makes reexport count as
copyright infringement also, enforcing the copyright could be much
easier.




Re: CORBA and the GPL (was Re: Can Java code EVER be GPLd, at all?)

1999-11-22 Thread Richard Stallman

The the target and caller can end up linked in the same process, or they
might not.  From the point of view of CORBA, this becomes a detail of the
compilation method chosen,

The issue of what makes a combined work is not a technical issue, it
is an issue about technical situations.  If that is just a detail as
far as CORBA is concerned, that doesn't make it irrelevant for this
issue.



Re: CORBA and the GPL (was Re: Can Java code EVER be GPLd, at all?)

1999-11-21 Thread Richard Stallman

It is possible to use CORBA to do something more or less equivalent
to linking, but it is somewhat more painful.  So the GPL will still
be effective, even though not 100%, even if CORBA is never considered
to make a combined program.

The situation is practically the same in many Java programs, 

My understanding is that normal practice with Java is that programs
link together dynamically.  That is not analogous to CORBA.  Of
course, Java may have CORBA facilities or CORBA-like facilities.

You might think it isn't a problem because, for efficiency purposes, 
someone wouldn't ordinarily do this--but CORBA optimizes things quite 
well when the target of a call and its caller are both inside the 
same process. 

When they are in the same process, that makes it more like linking.

More generally, what you are discovering is that any definitive
criterion based solely on the mechanism of communication is likely to
give silly and arbitrary results.  That's why I don't advocate a
criterion of that kind.



Re: Can Java code EVER be GPLd, at all?

1999-11-15 Thread Richard Stallman

The problem is, people on this list are searching for hard lines.  I see
arguments like 'but if that is true, then by logical extension, every
shell script is a derived work of bash'.  There are no hard lines.
'Derived work' is an important concept, but not one that can always be
perfectly delineated.

That is right.  There are no hard lines.

Programmers tend to look for a criterion based on which technical
methods are used.  I think that is the wrong approach--that any purely
technical criterion has to be a bad one.  Judges are not programmers,
and I don't think courts will choose a purely technical criterion; I
would urge them not to.  (Of course, none of us can be sure what
courts will decide.)

If an application 'A' uses a library 'B' in what might be described as an
'essential' way, then, irrespective of the physical mechanism of linkage
(static/dynamic/run-time/compile-time/corba) I would expect 'A' to be
considered as a derived work of 'A'.  Especially if 'A' is distributed
together with 'B', and especially if 'A' won't function without 'B'.

That's the FSF's position.

So, in the java example, if you GPL your java library, and a commercial
company distributes a java program using it, then I would expect the GPL
to apply - even though the technicalities of linking differ from the C
case.

That is what I would argue for.

So I think it is meaningful to release a Java program either under the
GPL or the LGPL, and the consequences are basically the same as for a
C program: if you use the LGPL for your Java program, it can be called
by non-free programs, but if you use the GPL, it cannot be.







Re: Accusations, accusations, always accusations

1999-10-27 Thread Richard Stallman

This thread seems to be about giving credit to the GNU effort, while the
above statement suggest that Linus' contribution was just a snap or some
strike of luck.

That's exactly what it was.  Linus was not aiming or planning to help
complete a free operating system.  He wrote a kernel for completely
different reasons.  The fact that it was then useful for producing a
free operating system was a happy accident in terms of his motives.

I don't consider this a criticism; some of my projects, such as the
original Emacs, were happy accidents too.

 Is it really necessary to play down some one else's
contribution to justify the GNU/Linux name?

I am sorry you feel that this is "playing down".  Pointing out the
reasons why Linus wrote Linux does not alter the merits of Linux as a
technical contribution.  My point is about how a different
contribution, the vision of a complete free system, came from the GNU
Project.





Re: Accusations, accusations, always accusations

1999-10-27 Thread Richard Stallman

This thread seems to be about giving credit to the GNU effort, while the
above statement suggest that Linus' contribution was just a snap or some
strike of luck.

That's exactly what it was.  Linus was not aiming or planning to help
complete a free operating system.  He wrote a kernel for essentially
personal reasons.  The fact that it was then useful for producing a
free operating system was a happy accident in terms of his motives.

I don't consider this a criticism of his work; some of the projects
I'm known for, such as the original Emacs, were happy accidents too.

But if the question at hand is "Why do we have a free operating
system", it is relevant that the GNU system was working toward that
goal while Linus was not.  It was no accident that we wrote so many of
the essential components of the system.

If GNU is an operating system, why do we have to call it GNU/Linux? Why
not just GNU? Based on your arguments that would be more appropriate.

If you want the shortest possible legitimate name, that is "GNU".  I
prefer "GNU/Linux" partly because it gives Linus credit too.




Re: GNU License for Hardware

1999-10-26 Thread Richard Stallman

Finally, why should we trivialize the kernel of any OS as an "only
thing"? If kernels were so easy, one would think that GNU would
have long ago released one. But in my experience kernels are not
so easy, 

I do not think the kernel is easy; I didn't intend to say so, and I'm
sorry if there was a misunderstanding.  The kernel is clearly a big
job.

But the whole system is a much bigger job than a kernel.

Perhaps some respect is also due to the people who have
actually managed to build a viable kernel.

I agree.  That's one of the reasons I call the combination
"GNU/Linux" rather than just "GNU": I do want to give credit
to Linus and the others who wrote the kernel.



Re: Accusations, accusations, always accusations

1999-10-26 Thread Richard Stallman

Okay, then what is an operating system?  The Gospel of Tux defines it as
the Kernel, the Libraries, and the Utilities, 

The term "utilities" implies, to me, small programs that do certain
kinds of jobs--for example, cp and grep.  I would not think of GCC or
Emacs, or the shell, or ftpd, as "utilities".  So I think it is
misleading to use that word to mean "any executable you could run in a
process." 

  but it seems hard to tell
which are part of GNU and which are merely free software distributed by
the FSF and capable of executing on a GNU system.

Whether you call the system "Linux" or "GNU/Linux", it is not clear
just what is part of it.  Over the years, many useful packages that
are not essential (and therefore did not need to be present initially)
have been added, and some are included in certain versions of
GNU/Linux and excluded from others.  So this fuzziness is not a matter
of our uncertainty about the system.  It is part of the nature of the
system.

Another kind of uncertainty applis to the GNU system in 1991.  Since
it was not yet operational (it had no kernel), we could not start
to make an actual distribution which you could point at and say
"Here's what is in the GNU system."

But a number of things were definitely part of the GNU system at the
time when Linux was written.  They included the compilation tools,
GDB, Bash, the C library, Emacs and some free version of vi, X11, TeX
and Texinfo, Ghostscript, lots of GNU utilities, the BSD network
utilities and demons, Sendmail and potentially Smail, and Ispell.
That is what I can remember now; there were many others.



Re: Accusations, accusations, always accusations

1999-10-25 Thread Richard Stallman


> That page includes the *list* of GNU software packages.  But the
> general definition is, a GNU package is a program that is released
> under the aegis of the GNU Project.

But GTK is not on that list, yet is part of GNU.

Right, the list is not entirely accurate.
(I will ask the webmasters to list GTK.)

Also, it is a list of GNU packages, and the GNU system is not
just composed of GNU packages.



Re: Accusations, accusations, always accusations

1999-10-25 Thread Richard Stallman

What I'd like to hear is some sane rationale for Richard "I just
want everybody to be free" Stallman's petty insistence that he be
allowed to name someone else's product.  How free is that?  

We did more to develop this system than anyone else, and so it
is natural that we should be listened to regarding its name.

Calling the system "Linux" gives people the impression that it is
"someone else's product", and that's precisely why it shouldn't
be called that.




Re: Accusations, accusations, always accusations

1999-10-25 Thread Richard Stallman

Yes, the GNU Project set out to develop an operating system.

It has, so far, failed to do so.

We got almost there, then Linus Torvalds added the missing piece and
finished the job.  So we did succeed, although many others helped.

  (Though the HURD is finally coming
together, from what I hear.

The HURD (plus Mach) is a kernel, like Linux.  It runs, but it is not
really usable yet.  I hope that the HURD will eventually be a useful
piece of software, and that its advanced architecture will provide
benefits.  But the kernel is not so specially important; whether or
not the GNU kernel becomes a success, GNU as an operating system
is a success under the the name "Linux".



Re: Accusations, accusations, always accusations

1999-10-24 Thread Richard Stallman

When people talk only about which specific programs come from the GNU
Project, that's a basic misunderstanding of what we produced.

Many people and groups developed programs that are in the GNU/Linux
system today.  Most of them did their work because they wanted to
write a program to do X, Y or Z.  So when we judge their
contributions, we naturally look at what programs they developed, and
what those programs are useful for.

The GNU Project alone among these contributors had a higher-order
goal: to make a whole free operating system.  To do this, we had to
write lots of programs.  But unlike the other contributors, we were
not *just* writing programs.  They were steps in developing an
operating system--essentially the system that most people call "Linux".

Calling the operating system "Linux" gives the impression that the GNU
Project was *just* about writing a bunch programs, and that suggests
one should judge our work in terms of *just* the individual programs.
That's missing the forest for the trees.  (It still comes out that we
planted more of the trees than anyone else did.)




Re: Accusations, accusations, always accusations

1999-10-24 Thread Richard Stallman

Is GTK part of the GNU project?  I thought it was part of the GIMP
project.

GIMP is part of the GNU Project too.

This would include any embedded system, anything written exclusively
for a GUI, any daemon, anything which can use sfio (e.g. Perl),
anything written in a language other than C...

These programs may not use printf, but they surely use libc.
Which means, in GNU/Linux, that they are using GNU libc.

In particular, the ucLinux project isn't interested in distributing
any of these tools since they're not important to have on your Palm
Pilot.

It sounds like they are making a system quite different from the usual
"Linux" system.  Perhaps the only thing the two have in common is the
kernel.

If they are that different, calling the usual systems GNU/Linux could
be a good way to make it clear how different they are.



Re: Accusations, accusations, always accusations

1999-10-24 Thread Richard Stallman

The biggest problem I have with this is that the thought of this name
change didn't occur to you until six years after "Linux" was released.

That computation yields 1997, but I have been talking about GNU/Linux
for longer than that.  Probably since 1995, or maybe before.

It's far too late...

It isn't too late for some people to change.  Even since a year ago, a
number of people have started using the term "GNU/Linux", and I am
confident that more will do so in the future.  It is never too late
for any person to start doing this--it is just a matter of whether
you believe it is the proper thing to do.




Re: Accusations, accusations, always accusations

1999-10-24 Thread Richard Stallman

However, if the system had been called
GNU/Linux, the media would instead fasten the credit and glamour onto
Linus Torvalds and Richard Stallman.

That might happen to some extent.

 While this is more equitable since
you and the GNU system are a major component of Linux, it still doesn't
achieve your goal of equal billing for the GNU system itself.

Not directly.  But it would certainly give me the opportunity to tell
people about the GNU system, and pass along the credit to the rest of
the GNU Project.



Re: [openip] Re: GNU License for Hardware

1999-10-23 Thread Richard Stallman

> If people have to pay per copy, then the program is not free software,
> and it is also not open source software.

I do not get that.

That is part of the definition of free software: users must be allowed
to run it without having to pay for permission.  That includes all
users, whatever their purpose.

The definition of open source software includes essentially the same
criterion, expressed with different words.

I suggest you look at the definition of free software
(http://www.gnu.org/philosophy/free-sw.html) and the definition of
open source software (somewhere on http://www.opensource.org/) and try
again to understand what they are meant to say.

For me it will never be an option to work and to give my work away for 
nothing. (I did it often enough and allways got ripped off)

Then your software won't be free software, and we won't use it.

If you don't want to develop free software, we can't force you to do
that.  However, free software and open source software are what
these lists are about.  If you're not interested in doing that,
I guess we're not the people you're looking for.




Re: GNU License for Hardware

1999-10-23 Thread Richard Stallman

AS far as I know, but that my be wrong:
The seperation came first,
then came the war,
and while the war seemd to get expensive and would last longer than
the north expected, Lincoln finaly mobilized the masses because of
"slavery".

The whole country was in a ferment about slavery for years before the
war started.  It was the issue that divided Congress, and the subject
of crucial Supreme Court decisions.

The motive for secession was specifically the intention in the South
to preserve slavery, because things did not appear to be favorable
for that as part of the US.

Nope. I did not read something about that.
Specific events in history are normaly tought/examined by the pupils for
3 to 6 month, so also the civil/seperation war in the US.

I'm sure it was influence

Further I'm shure that the victory writes the history.

In this case, apologists for the Confederacy have done a good job of
rewriting history afterward.  I expect their version influenced
what you read.

I'm shure that history is mainly determined by economics.

That is a simplistic view.

Economics is the study of what people do when nothing more
important than money is at stake.



Re: Accusations, accusations, always accusations

1999-10-23 Thread Richard Stallman

Dammit, Richard, that's nonsense and you know it.  Linux is not
what you envisioned 15 years ago.

The "Linux" system is basically the GNU system, which is the system we
started working for.  To be sure, the GNU system is not entirely as I
envisioned it 15 years ago: over time, plans change.

All of the guts of the OS
are contrary to the thing that the FSF has been working toward.

Most of the guts are exactly what we have been working toward; in
fact, most of the guts of this system come from the GNU Project.

The kernel is an entirely different design from what the FSF is
trying to accomplish.

Yes, it is a different kernel, but the kernel is just a part
of the guts of the system.

You've created a bunch of tools -- sure, sure, vital ones, we
know and nobody's denying it -- that can be compiled and used
under just about any OS under the sun.

We did write a number of tools, but that is just a part of the
larger job we did: developing a free operating system.




Re: Accusations, accusations, always accusations

1999-10-23 Thread Richard Stallman

So, I would claim that the GNU project will never get equal billing with
Linus.

With all due respect, I think you have changed the subject.  You are
now making a prediction about what other people *will* do.  I don't
think it is useful to discuss what "other people will do" for a
question of right and wrong where each individual can decide what to
do.

As a factual matter, some people do give us equal billing,
while many others do not.  But you (and each person reading this)
can make your own choice--you can do whichever you think is right,
no matter what any one else is doing.

I offer people reasons to persuade people why the name GNU/Linux is
the right thing; I hope they will agree, and decide to use it.



Re: Accusations, accusations, always accusations

1999-10-23 Thread Richard Stallman

 Cygnus gets credit for extending win32. Where's the credit for
GNU? All things considered, it should be called GNUwin32, 

You make a good case for that, and I think you are right.

I care more about the "Linux" system than about Cygwin32, because
"Linux" is basically the system that the GNU Project aimed to develop.
Cygwin32 is just a side issue, an add-on for a proprietary system.

They get the credit because the media fastens on them as the driving
force behind this mysterious, new market phenomenon: that free software
can run 50% of the servers on the "information highway", and that maybe
Microsoft isn't the only source of software after all.

The GNU Project is the chief reason for this.  Many people and
projects contributed programs that are in the system, but we alone had
the goal of making a complete 100% free operating system.  If Linus
had not existed, we would eventually have provided a kernel.  If we
had not existed, Linus would not have provided the rest of the system,
because but it was not his goal to produce one.

So when the media think that Linus is responsible, they are making
an error of substance.

One of the reasons to call the system "GNU/Linux" instead of just
"Linux" is to help prevent that mistake.



Re: Accusations, accusations, always accusations

1999-10-23 Thread Richard Stallman

Is what is "part of GNU" and what is simply "GNU-compatible" defined
explicitly somewhere?

GNU is the name of an operating system.  (This is what the GNU Project
set out to develop.)  Something is part of GNU if it is part of that
system.

"GNU-compatible" is not a term I use, so I don't have a
definition for it.

http://www.gnu.org/software/software.html disclaims completeness.

That page includes the *list* of GNU software packages.  But the
general definition is, a GNU package is a program that is released
under the aegis of the GNU Project.

See http://www.gnu.org/philosophy/categories.html for a list
of definitions of categories of software.



Re: Accusations, accusations, always accusations

1999-10-22 Thread Richard Stallman

Whether we agree that demanding renaming of software in order to
emphasize credit is justified is unclear to me. 

The system's name has been GNU ever since we started it 15 years ago.
I think it was uncool for people to rename it to "Linux",
so I am suggesting "GNU/Linux" as a compromise.



Re: [openip] Re: "rights" and "freedoms"

1999-10-21 Thread Richard Stallman

Patent reform is a much easier goal to reach than the entire elimination of
patents.

It might looks that way, but actually reforming the way the US patent
office works is nearly impossible.  The US patent office has been
issuing absurd patents for some 150 years if not longer.  (In general
it is very hard to change the way a bureaucracy functions.)  The
Supreme Court tried to reform the patent office standards, by
overturning absurd patents, but it did not have any continuing effect.

I think we have as good a chance of excluding software entirely from
the domain of patent law, as we do of reforming the patent office in a
way that affects its competence.  Either one would require passing a
law.




Re: Accusations, accusations, always accusations

1999-10-21 Thread Richard Stallman

I find the two quite similar actually. Cygwin32 is gcc & company, bash,
and a standard set of file utilities (ls, tar, ...). From the user's
perspective, it transforms their NT system into a system where the
shells look and act just like UNIX shells.

You're talking about "the user's perspective", what the system
looks like.  I'm talking about what it is made of.

Judging from your description, adding Cygwin32 to Windows makes is a
system that looks somewhat like GNU/Linux (or equally, somewhat like
Unix).  But it still has all of Windows in it.

 While doing this work, one can't help but
notice that Cygwin32 is effectively a method for porting the GNU system
onto the Win32 subsystem.

Well, you might be able to do that.  And if you deleted all the
Windows DLLs and graphical applications, you might end up with
something which is the GNU system plus the kernel of Windows.

That would justify the name GNU/.  (I don't know
the name of the kernel of Windows; I have never been a Windows user.)

I would rather use GNU/Linux, since Linux is free software.

> I will ask someone to tell me what CodeFusion is.  I have heard a few
> people mention it recently, but no one has described it to me.

As I understand it, CodeFusion is a GUI that wrappers the GNUPro tool
suite (gcc, gdb, etc).

Those programs, the compilation tools, are just a part of the GNU
operating system.  So this is quite different from the situation
with GNU/Linux.

As for whether they are treating us properly, giving credit properly,
that depends on the details of what they say.  I haven't seen it, so I
can't judge.  (It is a tangent which I think we need not go down.)

 The "you" in this sentence is not RMS or a plural you referring
to developers of the GNU system; it is specifically the person I was
responding to (John Cowan) 

Indeed, I misunderstood that part.  I apologize for my confusion.

I guess the root of my confusion is that I just don't know how much
credit is enough.

How about giving the GNU Project equal billing with Linus?
Since we did much more of the work, and had the overall vision
too, surely it is not unreasonable to ask for that much.





Re: Accusations, accusations, always accusations

1999-10-21 Thread Richard Stallman

   3. The end-user documentation included with the redistribution,
  if any, must include the following acknowledgment:  
 "This product includes software developed by the
  Apache Software Foundation (http://www.apache.org/)."
  Alternately, this acknowledgment may appear in the software itself,
  if and wherever such third-party acknowledgments normally appear.

I see nothing moral objectionable in this clause.  I have no moral
objection to the BSD advertising clause either; its problems are
practical only.  But I don't think this clause causes the same
practical problems, since it does not apply to advertising.

Could you send me the entire new version of the license?



Re: Accusations, accusations, always accusations

1999-10-21 Thread Richard Stallman

Now that we're having this argument I'm starting to
feel motivated to try FreeBSD (since I don't have any philosophical
issues with the BSD license).

I think it is unfortunate that you feel this way, but I am not going
to be silent just because some people object to what I say.  Speaking
in terms of principle, you have a right to disagree with me, but that
should not stop me from saying what I think.

Pragmatically speaking, while some people turn against us for asking
people to call the system GNU/Linux, at the same time other "Linux
users" become much more interested in the GNU Project when they know
what we did.  On the balance, it seems to be a good policy, especially
nowadays since I've learned which ways work better.



Re: An idea for opening software patents...

1999-10-20 Thread Richard Stallman

Well, that's one point but the input can be used to file an
objection to the PTO and try to get the patent invalid.

I discussed this with lawyers years ago, as president of the LPF.  I
was told that often it is a better strategy to save the prior art for
a trial (assuming the patent holder goes so far as to sue).

If the court knows the PTO has seen a certain piece of prior art and
issued the patent anyway, then the court tends to ignore the prior
art, in effect presuming that the PTO's decision was right.
Thus, you are better off not telling the PTO about the prior art.

If you ask the PTO to reexamine the patent and show it the prior art,
the patent holder gets a chance to rewrite the patent to bypass your
prior art while trying to keep it covering most of what people
actually do.  (This is analogous to gerrymandering election
districts.)  If the patent holder succeeds at this, the prior art is
negated.



Re: An idea for opening software patents...

1999-10-20 Thread Richard Stallman

The problem is current software/e-com patents are not "inventions" but "land
grabs."

That is a part of the problem.  Software patents that cover "real
inventions" are the rest of the problem.

People seem to be very reluctant to doubt that patents are a good
thing, or even to doubt that they are a good thing in the particular
field of software.  So once they see there is a problem, they cling
very hard to the idea that the problem is solely due to the "mistakes"
of the patent office.  That way, they can believe that there is
nothing wrong with software patents in principle.

I have seen this time and time again.

Any time you focus your efforts on the absurd and trivial patents and
the problems they cause, it has the effect of reinforcing this
tendency--in effect, it acts as a safety valve to prevent questioning
of the larger and deeper issue: should software be covered by patents?

Does this mean we should refuse to try to invalidate absurd patents?
I don't think so.  I do not think we should be Macchiavellian.
Getting rid of even one software patent is a step forward.

But when we work on invalidating a trivial software patent, we must
remind the public over and over, "This approach will only deal with
the trivial patents--and it is so much work that we cannot even deal
with all of them.  The nontrivial ones are just as harmful, just as
unjustified, and they need to be eliminated *also*."

It is necessary to repeat, this every time someone seems to be taking
this effort as grounds to believe that software patents would be a
good idea if only the absurd patents were eliminated.

That may happen pretty often, so you must not feel shy about repeating
yourself!



Re: [openip] Re: "rights" and "freedoms"

1999-10-20 Thread Richard Stallman

Perhaps one service that patentbusters.org could provide is to
publicise this concept (so that companies understand it) and act
as a synchronization centre for companies that are under threat
to find companies that are likely to be next in line and convince
them to contribute a small amount to breaking the patent. In short,
the organization of defence consortiums.

This is a useful thing to do.  But as people consider a variety of
ways of fighting against software patents, I'd like to suggest the
idea of reanimating the LPF, and using it to do this work.
That is the right organization to use.


Is anyone interested in that undertaking?  It would be very useful.



Re: [openip] Re: "rights" and "freedoms"

1999-10-19 Thread Richard Stallman

Each patent has a 3 month public period were
everyone can file an objection to a published patent. It should
be trivial to show prior art to the PTO and argue about the
triviality of the filed patent.

You may not realize how much work this involves.  I think that several
thousand US patents are issued each month.  Just finding the ones you
want consider part of the scope of the effort would be a substantial
job.  Then you would have to read the patents and see what they cover.
Reading and understanding a patent is torture.  (You could give it a
try and judge for yourself.)

You have not said what fields you would want to do this in.  Perhaps
software and circuits?  I think that just to organize people to *study*
all the patents being issued in these fields would be beyond us.

Finding actual proof of prior art for a patent is a lot of work as
well.  (Assuming there is any proof.)

All this work might succeed in eliminating some trivial, absurd
patents.  But the nontrivial patents that cover real inventions (most
of which are not brilliant) cause the same danger.

Richard, may be
the FSF is the right place for such a watch-dog group.

I think it would be better to keep it separate.  For one thing, I as
FSF president am overcommitted and I cannot supervise this.  If it is
an independent activity, then it doesn't need my supervision.

For another, it is important for the FSF to tell people that an effort
like this would NOT solve the problem of software patents.   The problem
of software patents is NOT just due to the absurd trivial ones.
The nontrivial software patents are just as harmful.

I encourage people to invalidate individual software patents when
there is a way to do so, but I will not call this approach a plausible
solution to the problem of software patents.



Re: GNU License for Hardware

1999-10-19 Thread Richard Stallman

Sorry, Richard, thats wrong. The war is called seccesion war. 

I though you where an american and you knew that, are you not?

I am an American, and I have read extensively about the Civil War.  It
was caused by the dispute over slavery, not by economic factors.
Slavery was the reason for secession, and disgust for slavery
motivated the Union troops.  It wasn't for nothing that they sang
about John Brown while marching to war.

For a long time, Southerners have made a great effort to deny this.
You may have read their propaganda.  Or you may have seen something
influenced indirectly by the Marxist idea that history is determined
mainly by economics.  It is useful to look for economic factors in
history, but they are not the only ones.




Re: [openip] Re: GNU License for Hardware

1999-10-19 Thread Richard Stallman

> regards use of my code.  If you want to use my code, you have to let
> me use yours.  Fair is fair.

That will I do ... But not under the GPL :-) If you want to use my code
you will have to accept my open source licence, 

In your previous message, you said you wanted to use a "community"
license which would limit people to noncommercial use.  That does NOT
fit the definition of "open source".

Most of the open source licenses are also free software licenses.
But the Sun Community Source License is neither an open source
license nor a free software license.

You said you dislike the GPL because it will not let you reuse our
code under such a non-free non-open-source "community" license.
I responded to what I thought you were saying.

If I did not understand you properly the first time, I am willing to
listen if you try again.  I have no wish to criticize you for a view
which is not what you believe.

I know that. But how can I apply the GPL to release my software to be
payed on an per copy base?

If people have to pay per copy, then the program is not free software,
and it is also not open source software.




Re: Accusations, accusations, always accusations

1999-10-19 Thread Richard Stallman

I do think that the authors of the GNU programs deserve credit for what
they've done, and that also translates into credit for the whole "GNU
System". However, it's puzzling to me why nobody's busy arguing that it
should be called GNU/Cygwin32 ...

As far as I understand it, this is not a similar situation.  Cygwin32
uses just a part of the GNU system, the compilation tools.  And it
is just an add-on for another large system, not a whole system.

Also, I would expect that what Cygwin32 owes to GNU software is
pretty clear to its users (which is not the case for most users
of GNU/Linux).

But perhaps they ought to give more credit to GNU.

  For that matter, why
isn't it GNU/CodeFusion? I guess you feel that the people at Cygnus are
morally worthless.

You must have a strong wish to criticize the GNU Project if you will
criticize us for things you only imagine we do.  You ought to verify
things before you use them as the basis for accusations.

I will ask someone to tell me what CodeFusion is.  I have heard a few
people mention it recently, but no one has described it to me.

It is
disturbing that the inequity has only been widely discussed since Linux
became very popular,

I have been trying to spread the word for many years;
it is not my fault if you did not notice.

it smacks of opportunism.

If you like someone, you call him a "pragmatist".
If you hate him, you call him an "opportunist".




Re: GNU License for Hardware

1999-10-19 Thread Richard Stallman

I would hazard a guess that the vast majority of software
developers believe that the software that they write is "theirs",
no matter who uses it.

You are probably right.  And the vast majority develop proprietary
software.  I developed the GPL because I disagree with the majority.

   This also applies for most developers
distributing their software under the GPL.

I, like you, cannot read the minds of these authors to be certain what
they think.  However, as the author of the GPL and its leading (in a
sense) user, I believe you are mistaken.

Otherwise, the developer who does not believe the software to be theirs
wouldn't not restrict it in any way to the user.

This is the kind of argument that is falsified by one exception, and I
know for certain about one exception--namely me.  I do not consider
the programs I write "mine" in the sense that you are talking about.
I think of myself as their custodian on behalf of humanity, not their
owner.

However, I know that copyright law considers me the owner, and allows
me to choose the distribution terms for the programs.  So I choose the
distribution terms that I think are best for the community in general.
That way I fulfull what I see as my responsibility as custodian
of the software.




Re: GNU License for Hardware

1999-10-19 Thread Richard Stallman

This all comes down to the concept of intellectual property. Those who believe
IP is wrong, will believe any software license, proprietary or free, is a
domination. Those who believe that IP is justified will see any license on
software as just that, a license, that gives the user certain permissions.

I don't believe that "IP is wrong".  I don't believe that "IP is
justified".  I don't have any opinion about "intellectual property",
because the term is too big a generalization to have one opinion
about.

I have opinions about copyrights for certain types of works, opinions
about patents in certain fields, and to some extent opinions about
trademarks.  These opinions are not all the same.

I find that when people use the term "intellectual property", it leads
them to think they must either be "for it" or "against it".  In other
words, it encourages people to ignore all possible positions except
two simplistic generalizations.

I recommend avoiding the term "intellectual property",
and not replacing it with any other term.



Re: Some general principles of naming

1999-10-19 Thread Richard Stallman

You've said this before, and you've yet to convince me.

Ok, I can't win 'em all.  You're entitled to your opinion.  I think
the reasons are good ones and ought to convince many other people.

I do not believe you can fairly make the 'principal developer'
claim unless the project was working to the same goals as
the Linux project.  Which, to the best of my knowledge,
it wasn't.

Actually I don't see how this relates to the issue.

  GNU was working toward *a* free Unix-like
system.  They have, AFAIK, been unsuccessful in achieving
that goal to date.  However, much of the work they put into
that effort was adopted by *a* system project which *did*
complete a similar goal.

It is mostly the same system.  The final system which people are using
was developed much more by us than by anyone else.

Assume I wrote 100K lines of code, and didn't achieve the overall
goal I had in mind when writing it.  Nevertheless, the code
worked inasfar as it had progressed.  Now someone else takes that,
adds 10K lines of their own, and achieves a goal almost identical
to my original one.  It sounds as though, by your lights, I
would be the 'principal developer' of the result.

Yes, I think you would be in that case.

I continue to regard your position as an attempt at dog-in-the-
mangerism,

The dog in the manger would not let the cattle eat their food,
even though he did not want it.  I don't see how that resembles
this situation.

You are entitled to your opinion, but I stand by what I have said.



Re: "rights" and "freedoms"

1999-10-18 Thread Richard Stallman

Personally I think the US Patent office has gone beserk, and needs to 
develop a better understanding of prior art in software. Also, it should
not be as expensive as it is to defend or fight a patent in court. Those
are "implementation" details though. 

The US Patent Office is incompetent in all fields, and issues
trivial patents habitually.

If the Patent Office did a good job, perhaps patents would
be beneficial overall in many fields.  But I am convinced
that patents in software are inherently harmful, and would
be harmful even if the Patent Office handled them "well".

See lpf.ai.mit.edu for more info about this.



Re: "rights" and "freedoms"

1999-10-18 Thread Richard Stallman

I don't understand this argument. Patents are expressly there to protect
the inventor's right to make money from a new process that is otherwise
easily copied.

The purpose of patents, at least in the US, is to promote progress.
That is stated in the US Constitution.

Whether patents actually do promote progress is a factual question.
The answer may depend on the field.  I am sure that in software they
do more harm than good.  I am not sure about other fields.



Re: GNU License for Hardware

1999-10-18 Thread Richard Stallman

> Finally, why should we trivialize the kernel of any OS as an "only
> thing"?

When I say that Linux is only the kernel, I am not trying to minimize
the work of writing of a kernel.  I am comparing it with something of
a greater order of complexity--a whole operating system.  The kernel
is a substantial and important software package; at the same time, it
is just a part of the operating system.  The same is true of the
compiler, the C library, the editor, the debugger, to list some parts
of the system that were written by the GNU Project.




Re: GNU License for Hardware

1999-10-18 Thread Richard Stallman

The X Windows system is not a GNU program; the GNU Project
cannot claim any of the credit for developing X.

However, we decided back in the 1980s to include X in the GNU
operating system, and we began integrating the rest of the system with
it.  So the GNU operating system includes X, even though X is not GNU
software.

When I say that the GNU Project provided more of the GNU/Linux system
than any other source, I do not count X, because the GNU Project did
not provide X.  MIT did that.

When I say that the GNU/Linux system is the combination of the
GNU system and Linux, I do count X as part of the GNU system.
It was part of the GNU system before Linux was started.

Remember that the GNU system did not set out to write GNU programs.
We set out to develop a whole system.  GNU is first of all the name of
the system, and only secondarily the name of a project and a "brand"
of software and manuals and licenses.



Re: Accusations, accusations, always accusations

1999-10-18 Thread Richard Stallman

Since this concept of getting "credit" for software seems to be so
important, it probably should be embodied in the license. 

I disagree on principle; however, even if I agreed, I see no way that
a license could be written to address the issue.

could require that collections of software licensed under GPL be clearly
labelled with a tag saying that "This CD contains # software packages
from the GNU project".

You're talking about the use of individual GNU software packages.  But
the individual packages we developed are just parts of what the GNU
Project did.  We developed them in order to accomplish our real goal,
which was to make a whole system.

Giving us credit only for the specific GNU packages included in a
version of the GNU system would be missing the forest for the trees.
I ask people to use the term "GNU/Linux" because that is a way to say
that the system as a whole is based on the GNU system as a whole.

So thanks for the suggestion, but you see it simply doesn't do the job
I am trying to do.  (I also don't think licenses should make
requirements about this, and people were right to point out that
not every GPL-covered program is a GNU program.)



Re: GNU License for Hardware

1999-10-17 Thread Richard Stallman

  The goal
of the OSS movement is to convince people and companies that by
definition a proprietary system cannot long-term deliver the same
real benefits that OSS can.  If someone is well and truly convinced
of that, then they cannot be sold a proprietary system, no matter what
the claim or the current reality, because they will not believe that any
present difference is anything other than transitory.

You're assuming that they will put long-term considerations ahead of
short-term ones.  People who are judging based on practical values
alone rarely do that.  They will tend to let the immediate practical
advantages of using proprietary software packages outweigh their
long-term interests.

Also, you are speaking of a very firm and total kind of convincing,
which is rare in the OSS movement.  In my experience, people who
firmly reject non-free software do so at least partly based on the
moral disapproval which is the basis of the Free Software movement.

Do you know of anyone who has been convinced so thoroughly by the OSS
movement that he now rejects non-free software, purely for the sake of
the long-term practical benefits?  Bob Young is not one.  Red Hat
develops non-free software only with considerable reluctance, but it
distributes plenty of non-free software.

So I believe that there is a real OSS argument with some difficult
converts left to make.

Earlier you were talking about making the easy converts.  And the
advantage you claimed for the Open Source approach was precisely that
it could convert some people easily.  (I agree that this is useful,
but there are lots of other people doing it already.)

But if you are talking about difficult converts, that advantage is
gone.  You may as well help the Free Software movement convert people
in its more thorough fashion.

But by slamming the OSS movement you
are closing an avenue towards helping your vision happen.

I said that it was constructive, but that other things need to be done
as well.  Is that "slamming"?

And above all, don't make it look like accepting the points that the
OSS folks make contradicts your goals.

I say that I agree with it, as far as it goes, but it doesn't go far
enough.

Where did you get your information about what I say
about the Open Source movement?

  For example the US Civil war was not fought
over abolishing slavery, it was fought over whether states had the
right to leave the Union.

That was the superficial issue, but really it was fought about
slavery.






Some general principles of naming

1999-10-17 Thread Richard Stallman

You may hear people say that an operating system is normally named
after its kernel, and therefore the "Linux" operating system
should be named after its kernel.

Actually operating systems are just about never named
after their kernels.  It is normally the other way around.

You may hear people argue that the name GNU/Linux should not be used
because the name GNU/Linux/X/BSD/TeX/X/Lynx would be impractical.  On
the surface, that is just a nonsequitur.  Looking deeper down, this
argument starts from the assumption that there are only two
possibilities to consider: either give credit to *everyone*, or ignore
the issue of credit entirely.  The intermediate alternatives have been
arbitrarily excluded.  If you don't agree with that arbitrary
decision, the argument has no force.

If you think it is proper to use a name that gives credit to those who
developed a system, but you think (as I do) that it is impractical to
give credit in that way to all the contributors, I suggest making a
list of them in order of decreasing priority.  Then you can give
credit to the first N of them, for whatever N you think is feasible.

The GNU Project is the system's principal developer, so GNU ought to
be first in the list.  So if you use N=1, you would call the system
"GNU".  I think it is better to choose N=2 and write "GNU/Linux".
This has two advantages: it distinguishes this system version from
*the* GNU system proper (which doesn't use Linux), and it gives Linus
a share of the credit.  (I would not want to ask people to *stop*
giving him credit; he deserves it well enough.)  Meanwhile, it is not
impractically long.




Re: [ppc-mobo] Re: GNU License for Hardware

1999-10-17 Thread Richard Stallman

  I think your analogy is precise and accurate.  It also
demonstrates an irreparable flaw in your position about individual
freedom.

It isn't a flaw, it just shows that we're evaluating freedom in two
different ways and not understanding each other.  I was hoping the
analogy would help you see it, but it didn't, because you're
evaluating it the same way in regard to dictatorships as in regard to
proprietary software.  It is very consistent of you to use the same
evaluation always, but I'm at a loss to explain what the other way is.

That is an important freedom: the freedom to choose to take risks.  In 
economics it's known by a rather different name:  "entreprenuerism".

I think this is quite a stretch; taking a risk of losing some money is
very different from living in a dictatorship.  There are some
similarities--they both involve a risk of some kind--but differences
as well.  The problems of living in a dictatorship are not solely a
matter of risk, they are not only a matter of money, and they do not
apply only to you.  Perhaps in your political philosophy these
differences are of no import, but that is not so in all political
philosophies.

Comparing Japan to a dictatorship is also a stretch.

(I do not share the unqualified adoration of entreprenuerism that is
part of the established ideology, but I think that would be an
unnecessary tangent.)

I'm sorry, if you want to argue that using proprietary software makes
me less free, you are going to have to argue in dynamic terms, 

Using proprietary software makes you less free because it means you
are living under domination.  Whether you are encouraging or
discouraging the development of more free software or more proprietary
software is also important, but it's something else.

You may not care about this, but I do.



Re: [ppc-mobo] Re: GNU License for Hardware

1999-10-17 Thread Richard Stallman


rms> A program which doesn't exist cannot be described either as
rms> free or as non-free.  It is outside the scope of that
rms> distinction.

It is not.  I didn't write "doesn't exist"; I wrote "not written".
Please pay others the courtesy that you always demand: reading, and
responding to, what they write.

I read it again, and I still believe that a program that is not
written does not exist.  I guess I do not understand.

rms> In regard to the use of that non-free program, you are under
rms> the domination of someone else, in a way that would not
rms> happen if you had no non-free software.

_What_ domination?

You are forbidden to redistribute a copy to me or anyone else.
You are unable to change the program.  In other words, you don't
have the freedoms that define free software.

For those of us who care about these freedoms as freedoms,
to be denied them is domination.

(pace, Robert Anson) I can choose to violate the contract, either
following Thoreau and landing in jail, or secretly, just like any
promise-breaker hoping to get away with it.

You can grant yourself the freedom to redistribute copies underground
if you dare, but you cannot get yourself the source code in this way.



Re: "rights" and "freedoms"

1999-10-16 Thread Richard Stallman

  Are you suggesting
that the concept of "intellectual property" is (or should be) a brief detour
from which we're about to move back on track?

I cannot speak for jread, but here is my view.

When patents and copyrights were adopted, in general they did not
interfere with the public's use of the works they were designed to
encourage, and they did encourage progress.  I think that made
them overall beneficial systems.

I think that nowadays they are still acceptable systems, perhaps even
beneficial, in the fields where the situation is still that way.  But
that is not the case in software.



Accusations, accusations, always accusations

1999-10-16 Thread Richard Stallman

Earlier on in the thread I wrote this:

  If I was to replace all of Solaris's utilities with the GNU
equivalents, would anybody call it GNU/Solaris?

I for one would not call it that.  Copying just the utilities from GNU
is not enough of a reason to say "the result is basically the GNU
system."  What GNU/Linux has in common with GNU is much more than a
bunch of utilities.  If you took the kernel of Solaris and made it
work in the GNU system, that would produce GNU/Solaris.

The point was that installing the GNU utilities people are likely to
install on a Solaris system, or even all of them, is a far cry from
replacing all of the system except the kernel with another whole
system minus kernel.  And the GNU system is more than a set of GNU
"utilities".

However, someone now insists that I meant something else entirely, and
persistently asks people to condemn me as a "hypocrite" for a meaning
I did not intend.  Well, you see what I actually wrote, and you can
judge for yourself.

You've seen a bout of the abuse that I receive.  I've received a few
handfuls of them, and on many other occasions I've seen people
pointedly refuse to give the GNU Project credit.  Given the situation,
I think I've done a pretty good job of keeping my temper.  (I make a
great effort.)  On only a few occasions I have raised my voice in
response; one of them was in public, last March.

That has been seized on to accuse me with; some people call me a
monster for having not quite lost my temper in public.  But the anger
I expressed then was mild and brief compared with what they regularly
say about me in public.  Perhaps they should start making an effort to
control their tempers.

Meanwhile, I will respond, not in kind, but by calmly continuing to
inform people that the system often called "Linux" is a derivative of
the GNU system, and asking them to give the GNU Project credit for
being its principal (though not its only) developer.



Re: GNU License for Hardware

1999-10-16 Thread Richard Stallman

> We're the
> principal (though not the sole) developers of the system,

This is a question of fact.  What is the evidence for it?

It is a question of fact and interpretation.  Here are
several reasons, which I think are more than sufficient.

1. We launched the project to develop a complete free operating system
   like this one.
2. All the other projects that wrote programs now in the system
   aimed to write a program to do this or that specific job.
   We alone proposed the goal of a whole system, and did whatever
   was necessary to achieve that goal.
   GNU is and always was the name for an operating system,
   not just a brand for software packages.
3. We persisted through the early days, when most people said the
   job was too big ever to be done--years before Linus Torvalds
   got involved.  (Not that this should be held against him,
   since he was pretty young at the time.)
4. We contributed more of the system than any other project.



Re: "rights" and "freedoms"

1999-10-15 Thread Richard Stallman

You're being a little extreme here. I don't think the FSF ever said that 
non-free programming was illegitimate. 

The FSF's goal is a world in which published software is generally
free.  The FSF doesn't quite go so far as to say that non-free
software is morally wrong.  I personally think so, but the FSF doesn't
simply reflect my personal views.

First, I think the FSF probably thinks it is "OK" to receive royalties for
programming work.

To receive royalties is not exactly the same thing as to force
distributors to pay them.  I think that there is nothing wrong with
receiving royalties if they are offered by a particular distributor
for a free program.  However, the usual way to obtain royalties is by
making the software non-free.

The FSF would not quite go so far as to say that this is wrong,
but certainly aims to replace it with other methods.

 It's just that Stallman and friends are 
programmers, and the 'S' in FSF stands for "Software". I'm sure they 
would approve of someone founding a FFF (Free Fiction Foundation) or 
a FMF (Free Music Foundation) with a similar ideology. 

The FSF is concerned only with software; everything else is beyond its
scope.  It has a certain amount of sympathy for similar issues of
freedom in other areas, enough to put a little material on the web
server.

Peter Deutsch wrote:

  I have yet to hear a persuasive explanation of why Free
Software advocates think it's OK for authors of fiction to be paid for each
copy of their work, but not programmers.  If the distinction is between a
"purely expressive" and a "functional" work, how about authors of cookbooks?
Authors of how-to books of all kinds?  Authors of reference works?

Anything other than software is outside the scope of the Free Software
movement.  I personally have thought about some of these kinds of
works (not all, yet).  I don't start from generalities.  Instead I
look at the individual specific issues.

But I don't have time to go off on that large tangent now.



Re: [openip] Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

It forces you to release all your stuff which is in someway combined 
with the GNU stuff as GPL, too.

Most people prefer 'free' software where the author states: "you can do
what
ever you want provided you leave this notice intact".
...

In fact I prefer a community source licence, which enforces everyone,
who is earning money with my stuff, to fund me and allows every one, who
simply want to use it for non commercial purpose, to use it 'for free'.

Please tell me if I understand you properly.  Here is what
you seem to be saying.

* You want to make your software non-free, with a license like Sun's
  non-free license.  (That would mean we have to reject it.)

* You want US to release OUR software in a different way.
  You want us to use non-copyleft lax licenses
  which let you use our code in your non-free software.

* But you have no intention of letting us use your code
  in our free software packages.

It seems you want a system where you impose restrictions on everyone
else, for your profit, while the rest of us bend over backwards to
cater to you.  Surely you must be aware that that is quite
asymmetrical.

I use the GPL to insist that we have a fair relationship, at least as
regards use of my code.  If you want to use my code, you have to let
me use yours.  Fair is fair.

I have not the finacial background to work years for free an than giving 
away my software for free. 

(Free software does not mean you have to "give it away for free".
Free software is a matter of freedom, not price.)

You're saying you cannot write free software because you are not rich.

When I started the GNU Project, I was not rich.
Most people who work on free software are not rich.
If you don't know this is possible, ask some people and find out.

If you really wish to write free software, try to find a way,
and maybe you will succeed.  Even if you don't succeed completely,
you may succeed partly.  If you live cheaply, as I did and still do,
you ought to be able to make a living by working half-time or less
as a programmer.  Even if that job involves making proprietary software,
you could still write free software the other half of your time.
Doing good for society with half of your work is better than doing
no good at all.



Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

  But they differ on methodology, and the Open
Source movement can appeal to people that the Free Software
movement does not.

That is true.  At the same time, the Free Software movement
can instill a stronger, firmer, more persistent kind of support,
because we appeal to the kind of values which can generate such
support.

Thus, each approach can do something that the other cannot do.

> If you think that both are important, your place is in the
> Free Software movement.

No.  If you think that both are important AND that the methodology
put forward by the Open Source movement is not currently the right
strategy, then you belong in the Free Software movement.

Your point is that it is a person who agrees with the Free Software
movement might under some circumstances decide to use the Open Source
movement's method.  I can imagine situations where that might make
sense.  But the present situation is not one of them.

At present there are plenty of people and companies using the Open
Source approach, and just a few using the Free Software approach.
The plan to invite business to give the fair-weather support that
we can expect from business is working fine, but we are not doing
a comparable amount to spread the love of freedom.

Millions of new users are flocking to free operating systems, but we
are not telling them about the issues of freedom as fast as they are
coming into the community.  We are getting them "hooked" with the
practical advantages, then failing to follow up.

So if you agree that freedom is an important benefit in its own right,
right now you should let all those other people win the easy converts,
and help me tell them about the benefits of freedom.

If we don't have enough people to help with this, the danger is that
the Free Software movement will be forgotten, drowned under the flood
of Open Source publicity.  Then by the time all the easy converts have
been won, there will be no effort to suggest to them that there is any
more at stake than the convenience and reliability of the free
software they happen to be using.  And the next time someone offers
them a proprietary system which is more convenient and reliable, they
might leave our community as easily as they came in.



Re: [ppc-mobo] Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

This is false.  Or have you changed your mind about about accepting
code to support ssh in Emacs?

You are right that we don't support any and all non-free applications
in all ways.  We only support some of them, in some ways.



Re: [ppc-mobo] Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

Then what is the benefit to anyone of me foregoing my OCR?

I can tell you the benefit for which I would forego the use of such a
program.  I do not want to be in the position of having a program and
not being allowed to share it with you.  I would rather have no
program for the job, than have a non-free program.  With no program, I
have nothing to be ashamed of.

A program
that is never written is trivially not free.

A program which doesn't exist cannot be described either as free or as
non-free.  It is outside the scope of that distinction.

So what's wrong with substituting an
existing non-free program for a non-existent non-free one?  _Freedom
is not decreased._

There is a sense in which your freedom is not decreased.
But there is another sense in which it is.

In regard to the use of that non-free program, you are
under the domination of someone else, in a way that would
not happen if you had no non-free software.

For me, I object to this domination so strongly that I try to exclude
it completely from my life.  If I let it have a foothold, then
non-freedom is back in my life, and in that sense, I am less free.

Perhaps I can explain better with an analogy.  (Analogies are
never valid as proofs, but they can be useful as explanations.)

Suppose you live in country A which is a free country.  Suppose you
are not allowed to enter country B, which is a dictatorship.

Now suppose the situation changes and you are allowed to enter country
B, subject to its restrictions on speech, secret police, and such.  In
one sense, this decision gives you increased freedom, because a
strictly larger set of options is open to you.  I think that is the
sense that you are using for the comparison.

But if you start spending much of your time in country B, I would say
that your life is less free in another sense, because the oppressive
system of country B now dominates a part of your life.  I think that
sense is more important.

I occasionally go to countries ruled by dictatorships, but only for
brief visits (and I go there to do something in my way for the cause
of freedom).  I don't want living in them to be a normal part of my
life.

I also occasionally try out a non-free program to see what it looks
like, or because it is running on someone else's computer.  But I will
not put them on my computer.



Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

Balling has attributed to me

The only people (or to clarify, the FIRST person) who claimed Linux was 
"part of the GNU system" was RMS.

Actually I do not say that Linux is part of the GNU system.  What I
say is that the GNU/Linux system is the combination of GNU and Linux.
It is the result of integrating Linux into the GNU system, but it
isn't precisely the GNU system.  It is a system that differs from GNU
in having a different kernel.



Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

The GNU GPL does not make any legal requirements about what name you
can call your system if you include a GNU program in it.  I think it
would be wrong to try to impose such a requirement by legal force.

Besides which, individual GNU programs have often been included in
other systems, such as GCC in NeXTstep and DGUX.  Those systems are
mostly different from the GNU system, and it would only be misleading
to call them "GNU" just because they contain GCC.  So it is clear that
the GPL should not impose any requirement about the name of a system,
on account of its containing a GPL-covered program.  And it does not.

Therefore, people have a legal right to take the whole GNU system,
replace one component such as the kernel (or even make no change at
all), and call it some other name which does not include "GNU".  The
FSF and other copyright holders of GNU programs cannot sue you for
doing this.

But while that conduct is legal, that does not make it right and good.
Part of the respect that people normally give to the developers of a
software package is using the name they gave it.  If you make a
variant of the GNU system, you don't legally have to call it "GNU",
but it is rather unfriendly if you don't.


Since the BSD advertising requirement has been mentioned, I should
point out that it too makes no legal requirement about what name you
can call your system if you include some BSD software.  As regards
this particular issue, the old BSD license is no different from the
GNU GPL.

(I've called the BSD advertising requirement "obnoxious", but I don't
call it evil.  I have asked people to avoid it because of practical
problems it causes.  See http://www.gnu.org/philosophy/bsd.html.)



Re: GNU License for Hardware

1999-10-15 Thread Richard Stallman

Derek Balling has made accusations against me here that call for
refutation.

I have seen him personally with my own eyes demand it of people. I saw him 
rip into a member of the press for being "ignorant" when he referred to 
Linux as Linux.

Calling this version of the GNU system "Linux", and not mentioning the
name GNU, is treating the GNU Project with disrespect.  We're the
principal (though not the sole) developers of the system, and ordinary
respect suggests you should call it by our name for it.

The freedom to treat anyone with disrespect is an essential part of
freedom of speech.  I strongly support freedom of speech, and
therefore I never demand that people call the GNU system "GNU".

However, I too have freedom of speech.  When I see a person
persistently treat the GNU Project with disrespect, I have the right
to criticize or even reproach their conduct.  I don't do this often,
because usually I think it is more effective to stick to the issues
and address them in a calm tone.  But I have done it sometimes.

However, when I say someone is speaking from ignorance, that is not a
reproach.  We all start out ignorant on any particular topic.  It's
no shame to say something wrong out of ignorance, as long as you're
willing to learn.

If he urges one the use of GNU/Linux, but won't urge the use of (the 
theoretical) GNU/Solaris, even though the products are fundamentally 
identical, then that IS hypocrisy.

The only thing in GNU/Linux which is Linux is the kernel.  If you took
the kernel of Solaris and made it work in the GNU system, that would
be an analogous situation, and the term "GNU/Solaris-kernel" would be
appropriate.  (Not "GNU/Solaris", because Solaris is the whole system,
not the kernel.)

But if you just install some GNU packages on Solaris, that is not an
analogous situation: much more remains of Solaris than just the
kernel.  This would not be GNU/Solaris-kernel.



Re: [openip] Re: License -> back on track

1999-10-15 Thread Richard Stallman

Hi, that's right but I use it to describe the mix of different
things, hardware & software found on 'openip.org'. It's not
related to any legal assumption

"Intellectual property" is a legal term, and nothing but.
Its meaning is a broad category which includes copyrights, patents,
trademarks, and other things as well.

If that's not what you mean, that's an additional reason to use some
other term instead.  Everyone who knows what "intellectual property"
means will only get confused by using the term for something else.

If you want a term to include both hardware and software, I suggest
the term "anyware".



Re: [ppc-mobo] Re: GNU License for Hardware

1999-10-14 Thread Richard Stallman

True, but the only non-free software living at a low enough level to be
considered part of the OS (that I can think of) is qt (which a lot of open
source folk don't consider a threat to the movement). 

Nowadays Qt is free software, although its license the QPL just barely
qualifies.  Before the QPL, when Qt was non-free, it was such a grave
threat to our community that we started two projects--GNOME and
Harmony--to defend against it.

The rest is apps
(many of that being programs that do a job that no free software does
satisfactorily yet, and even accepted as a necessary evil by FSF.

The truth is more complex than that.  We don't accept non-free
apps as a necessary evil, but we do accept that many GNU users
want to run them.

We used the LGPL for GNU Libc as part of a strategic decision to allow
non-free apps to be distributed for GNU.  But that doesn't mean their
existence is a good thing, or that it is good to distribute them.  We
treat them like non-free operating systems: we support using our
software with them, but we don't encourage anyone to use them, and we
hope you won't either.

It is a real shame that most of the commercial GNU/Linux CD
distributions contain non-free software.  I'm urging them to release
versions that are wholly free.

I hope this shows that the GNU Project is not as extremist and
inflexible as it is sometimes made out to be.  We don't see issue as
not an all-or-nothing one.




Re: [openip] Re: GNU License for Hardware

1999-10-14 Thread Richard Stallman

I am looking for a GPL-like license, but it is intended for
collections of data resources, for the time being linguistic resources:
  corpora, dictionnaries (as used by machines, not people), grammars

I see no reason why the GPL could not be used.
If you think you see an obstacle, please describe it to me
privately, and I will ask our lawyer if it is really a problem.



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