Re: gpl backlash?

1999-07-28 Thread Ian Lance Taylor

   Date:Wed, 28 Jul 1999 12:01:12 +0200 (CEST)
   From: Martin Konold [EMAIL PROTECTED]

   On 28 Jul 1999 [EMAIL PROTECTED] wrote:

1. If an alternate implementation from mine exists
2. and is available for the user to run with your application on that platform
3. and the user actually has to have it to run your application.

Postulate that you write an application that works with a library full of
no-op stubs. That library just happens to match the interface of a GPL-ed
product I've written, and with that library it is a functioning product. Then
you ship that application with the _intent_ that the user combine it with my
library to run it, which is demonstrated by the fact that it doesn't do useful
work any other way or you haven't shipped an alternative library to that same
user. I think I'd have a legitimate complaint.

   Bruce: Are you shure that "intent" has any legal meaning?

In U.S. law, ``intent'' has a legal meaning in a number of contexts.
For example, the difference between manslaughter and homicide is one
of intent.

I believe that in the copyright arena, intent goes by names such as
``contributory infringement.''

Ian



Re: gpl backlash?

1999-07-27 Thread Jacques Chester

On Mon, 26 Jul 1999, Wilfredo Sanchez wrote:
snip
   Certainly the GPL has worked well here.  Writing a compiler is
 enough of a pain in the ass that dealing with the GPL, regardless of
 your objections, is likely worthwhile.

The GPL has had many areas of success. I wonder, out of sheer
curiousity, whether there will emerge a *technical* or *quantitative*
case for any of the licenses.

However, as I pointed out in an earlier posting, selection of a license 
is an
act with both monetary/business/financial *and* ideological
implications. The two are joined at the waist. I think it would be
foolish to try and consider the money and the beliefs seperately;
the two are now irreversibly entangled. Tread carefully, dear 
traveller.

An interesting point arises from the quote, however. I'd never really
though about how a person choosing among competing software
is affected by the license. I've always looked from the licensor's
view, not the licensee's.

Obviously, the GPL is aimed at being "user-protective" rather than
"business-protective". It distinctly expempts the author from 
liability,
and enforces their ownership, but it essentially throws *control* of
that code out to the community.

In economics, *ownership* and *control* are very different
propositions. In the Galbraithian world-view, they are the basis of
economic Power ... and I'm wandering. Pardon me.

   And I'll grant you that the GPL has done great things for free
 software.  In times when nobody in business thought free software 
was
 interesting, it kept things moving.  To that end, the GPL is a
 wonderful thing.  On the other hand, people are starting to see real
 economic benefit (resource management, compatibility,
 standardization) to open source.

The business case. "The marketing campaign", which I believe is
one of the descriptions that ESR gave the whole "open source"
push.

I disagree -- it looks like people are starting to see the benefits of
getting their end users to fix bugs.  Which can be a different animal
from open source entirely.

They'll just as quickly discover that customers can honestly tell
how shitty their software is. Relying on your customer to fix bugs is
like a car company expecting customers to repair the faulty seat-belt
designs on a new model. It's not going to last: companies with shitty
source will lose both rep. and business if they go open source.

[note: I'm not sure if I agree with the APSL but I'm not flaming it
here; I'm trying to push the idea that there are different degrees of
freedom to software, and I happen to like the highest degree possible]

That's why a plurality of licenses exist. Diversity is healthy. But 
some
wonder if the GPL's virality is really a play at a kind of monopoly;
dominance over the licensing ecosystem. One of the principle reasons
for choosing the GPL in my brief review was being "approved for use"
with the vast body of already GPL'd code. This is very much like buying
Microsoft Word because ... well ... everyone else uses it. So much
easier to conform than to choose another option.

Of course, the fastest way to open software up is to provide lots of
endearing and attractive open source options, that strongly encourages
more open software.  The GPL in some cases is overkill (there's a
strong encouragement in the BSD family for proprietary vendors to give
back), but in some cases its necessary.

The GPL is a good license. The viral clause is like an ideological
agreement button: "By selecting this license, you agree that the FSF is 
correct
in protecting user freedom ..."

   The GPL's major flaw is its unbounded viral nature.  
[snip]
 But you have to at least specify what you mean by derivative
 works, and allow for the possibility of integration of open code 
with
 closed code.

This will be where the license fails in court. A new version - a 2.1 - 
needs
to *explicitly* define the limits of the viral clause, or there will be 
hell
to pay. Microsoft could kill business interest in the GPL by deliberate
infringement, followed by a huge, protracted courtcase during which
time all GPL'd code enters legal limbo in the eyes of the business
community. The GPL needs more fire-proofing, in my view.

Do you mean by this that if the GPL were more specific in its
allowances and prohibitions, it would make for more acceptance and a
better license?  I can agree with that.  It's important to put people
at ease that their use of a license is doing what they think it's
doing, and clear language is important there.

The clear language is good. I suspect the GPL is popular partially
because it is *simple*. The MPL is complex. The APSL is complex.
The SCSL is complex. But the GPL and the BSDL and XL are all
simple non-legalistic licenses. Hackers don't have time to be lawyers.

   And yes, you can probably find ways to change the code  
 such that you don't have to contribute anything of value if you  
 dance around the license enough, but I can accept that.

If people want 

Re: gpl backlash?

1999-07-27 Thread Wilfredo Sanchez

| Obviously, the GPL is aimed at being "user-protective" rather than 
| "business-protective".

  No.  It's "author-protective".  You write software.  You want  
people to use it (for whatever reasons), but you have certain  
restrictions you use on usage to protect you as the author.  This is  
that case with pretty much every license.  In the GPL's case, the  
restriction is that derivative works are also GPL'ed.

  Now I'm the user, and I want to write some software which maybe  
uses a snippet of code from bash.  For example, maybe I want to use  
readline.  Well, now I'm forced to GPL my work.  That's not  
protecting me as the user; that's "protecting" the authors of  
readline.  Even so, it's hardly "protecting" the author: his code  
remains free no matter what I do with it.

  It's more of a trade.  I use that code in exchange for making my  
code GPL'ed as well.  For some code I may be willing to do that.  On  
the other hand, for some code, maybe I'm not.  This is not tied to me  
being a business.  Maybe I don't agree with that philosophy, and  
would rather write and use code that is less restrictive, and  
although I think software should be open, I don't feel the need to  
impose that view on my users.  So maybe the GPL doesn't work for me.

-Fred


--
   Wilfredo Sanchez, [EMAIL PROTECTED]
Apple Computer, Inc., Core Operating Systems / BSD
  Technical Lead, Darwin Project
   1 Infinite Loop, 302-4K, Cupertino, CA 95014



Re: gpl backlash?

1999-07-27 Thread Ian Lance Taylor

   Date: Mon, 26 Jul 1999 20:13:25 -0700
   From: Wilfredo Sanchez [EMAIL PROTECTED]

   | Do you mean by this that if the GPL were more specific in its
   | allowances and prohibitions, it would make for more acceptance and a 
   | better license?

 Most certainly.  For starters, it should define "derived work" if  
   it's going to use that term in its requirements.

My understanding is that ``derived work'' has a defined legal meaning
in the context of copyrights.  There is no pressing need for the GPL
to define it.  You can find more information by poking around under
http://www.loc.gov, e.g.,
http://www.loc.gov/copyright/circs/
(Of course this only applies to U.S. law.)

It's certainly true that the notion of derived work becomes very murky
when it comes to computer programs, just as it does in other fields
such as music.  But that is not a fault of the GPL.  It is reasonable
and, I think, correct for the GPL to defer to copyright law and the
federal courts when it comes to the meaning of ``derived work.''  It
leaves us confused right now, but it avoids creating a definition
which may become meaningless or invalid as programming technology
advances.

Ian



Re: gpl backlash?

1999-07-27 Thread John Cowan

[EMAIL PROTECTED] scripsit:
 For example, I'd submit that _reference_ is derivation where software is
 concerned. If you call into my library from your program, it's a derived
 work.

Then in your view, only GPL-compatible programs can be run under Linux?

-- 
John Cowan   [EMAIL PROTECTED]
   I am a member of a civilization. --David Brin



Re: gpl backlash?

1999-07-27 Thread John Cowan

Kyle Rose scripsit:

 [T]he LGPL, the license under which the major libraries are
 released, specifically allows non-free programs to link to binaries
 under that license.

The kernel, however (which is just another library), is under the GPL.
I know that Linus explicitly states that the GPL's viral properties
do not spread from the kernel to user-mode code, but I don't see how that
can be made consistent with the GPL's claim that "changing it [the GPL]
is not allowed."

-- 
John Cowan   [EMAIL PROTECTED]
   I am a member of a civilization. --David Brin



Re: gpl backlash?

1999-07-27 Thread Seth David Schoen

John Cowan writes:

 Kyle Rose scripsit:
 
  [T]he LGPL, the license under which the major libraries are
  released, specifically allows non-free programs to link to binaries
  under that license.
 
 The kernel, however (which is just another library), is under the GPL.
 I know that Linus explicitly states that the GPL's viral properties
 do not spread from the kernel to user-mode code, but I don't see how that
 can be made consistent with the GPL's claim that "changing it [the GPL]
 is not allowed."

It could be viewed as an additional permission, making Linux dual-licensed,
except that Linus doesn't have authority to grant that permission on behalf
of all of the other developers -- who presumably have the right to assert
that this is either

(1) merely Linus's personal opinion, and factually incorrect; or

(2) merely Linus's personal decision to dual-license _his own_ code, and
therefore not applicable to their own code, which, in compliance with
the terms of the GPL, was released under the GPL (so that Linus lacks
the authority to unilaterally re-license their work); or

(3) a copyright violation on Linus's part, because he made an unauthorized
derived work from the GPL, which is copyrighted by the Free Software
Foundation; or

(4) a mistake on Richard Stallman's part, because Linus's change to the
GPL is fair use, and not a copyright violation.

(I think most, if not all, people who contribute to the kernel are willing
to accept Linus's judgment on this point, but that doesn't mean that it
might not be an issue in the future.)

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: gpl backlash?

1999-07-27 Thread Seth David Schoen

Matthew C. Weigel writes:

 On Tue, 27 Jul 1999, Seth David Schoen wrote:
 
  It could be viewed as an additional permission, making Linux
  dual-licensed, except that Linus doesn't have authority to grant that
  permission on behalf of all of the other developers -- who presumably have
  the right to assert that this is either
 
 No, he only has the authority to grant that on the code he originally wrote
 -- but that is part of the license, which by the GPL's viral nature ensures
 that all code distributed which is a derivative work of the kernel is, then,
 under the same license.

_If_ Linus is allowed to modify the GPL, and actually did so (or if he
modified it despite being forbidden to do so).

It's not totally obvious that the sentence there is intended to be "part
of the license", as opposed to a non-binding observation by Linus, or an
expression of his wishes.

  (2) merely Linus's personal decision to dual-license _his own_ code, and
  therefore not applicable to their own code, which, in compliance with
  the terms of the GPL, was released under the GPL (so that Linus lacks
  the authority to unilaterally re-license their work); or
 
 But it wasn't released under the pristine GPL.

_If_ Linus is allowed to modify the GPL, and actually did so (or if he
modified it despite being forbidden to do so).

  (3) a copyright violation on Linus's part, because he made an unauthorized
  derived work from the GPL, which is copyrighted by the Free Software
  Foundation; or
 
 Except that such additions are authorized -- hence it's not "...an
 unauthorized derived work..."

They're not authorized, so far as we can tell from what's stated in
public:

Copyright (C) 1989, 1991 Free Software Foundation, Inc. [...]
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

It's possible that the FSF explicitly gave Linus permission to modify
the GPL, but we don't have any way of knowing that.

  (4) a mistake on Richard Stallman's part, because Linus's change to the
  GPL is fair use, and not a copyright violation.
 
 ???  How is it a mistake on RMS' part, even given that your above statements
 are true?

Each of these possibilities, (1) through (4), is meant to be mutually
exclusive with all the others.

The "mistake" would be if fair use allows Linus to modify the GPL by
adding to it (as opposed to "mere aggregation" with another, separate
license :-) additional terms or permissions, since Stallman certainly
did _not_ want people to be able to do so as a general rule.  In that
case, Stallman's claim that "changing it is not allowed" is not
correct, and this would be the "mistake" to which (4) refers.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: gpl backlash?

1999-07-27 Thread Wilfredo Sanchez

| For example, I'd submit that _reference_ is derivation where  
software is
| concerned. If you call into my library from your program, it's a  
derived
| work. However, copyright law doesn't take that into account and is only 
| concerned with copying.

  And therein lies a serious problem, because I think your assertion  
is a load of hooey.  Just becuase I have code that make calls to a  
certain API, which you happen to have implemented, doesn't mean that  
I'm deriving from your code.

  I might write code against the POSIX foobar() API, and maybe  
someone drops a GPL'ed implementation of libfoobar in place of the  
dylib (with a free implementation) that I was using, doesn't make my  
code derived.

  And it doesn't matter who is right here; my point is we can't know.

-Fred


--
   Wilfredo Sanchez, [EMAIL PROTECTED]
Apple Computer, Inc., Core Operating Systems / BSD
  Technical Lead, Darwin Project
   1 Infinite Loop, 302-4K, Cupertino, CA 95014



Re: gpl backlash?

1999-07-27 Thread Kyle Rose

-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

 Postulate that you write an application that works with a library full of
 no-op stubs. That library just happens to match the interface of a GPL-ed
 product I've written, and with that library it is a functioning product. Then
 you ship that application with the _intent_ that the user combine it with my
 library to run it, which is demonstrated by the fact that it doesn't do useful
 work any other way or you haven't shipped an alternative library to that same
 user. I think I'd have a legitimate complaint.

Unfortunately, as much as I love the GPL, I don't think this is
enforcable.  Remember that the GPL covers only distribution, not use;
hence, if the distribution of a work linked against a library
interface (even that for which only a GPL'ed implementation exists)
does not contain any actual code from that library, it cannot be
considered a derived work.  Although IANAL, it would be like suing
critics for reviews which contain "hooks" into the book (e.g.,
character names, chapter and/or event references, etc.)

Kyle


- -- 
Kyle R. Rose  "They can try to bind our arms,
Laboratory for Computer ScienceBut they cannot chain our minds
MIT NE43-309, 617-253-5883 or hearts..."
http://web.mit.edu/krr/www/   Stratovarius
[EMAIL PROTECTED]  Forever Free
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Re: gpl backlash?

1999-07-27 Thread bruce

From: Kyle Rose [EMAIL PROTECTED]
 Unfortunately, as much as I love the GPL, I don't think this is
 enforcable.  Remember that the GPL covers only distribution, not use;
 hence, if the distribution of a work linked against a library
 interface (even that for which only a GPL'ed implementation exists)
 does not contain any actual code from that library, it cannot be
 considered a derived work.

Remember, we're talking about how the concept of a derived product has not
kept up with software. So, I agree that this may not be enforcable today,
but I might work toward making it enforcable. In the meantime, I'd hope that
good citizens would comply with the intent of my license even if the
possibility for successful enforcement is low.

 Although IANAL, it would be like suing critics for reviews which contain
 "hooks" into the book (e.g., character names, chapter and/or event
 references, etc.)

A closer metaphor might be cross-linking of web sites. For example, say I took
the site that you spent a lot to produce, and presented it inside of a frame
with all of my own ads around the border. You'd have a right to object. This
is another area where copyright law _has_not_kept_up_.

Thanks

Bruce



Re: gpl backlash?

1999-07-27 Thread Forrest J. Cavalier III

 Postulate that you write an application that works with a library full of
 no-op stubs. That library just happens to match the interface of a GPL-ed
 product I've written, and with that library it is a functioning product. Then
 you ship that application with the _intent_ that the user combine it with my
 library to run it, which is demonstrated by the fact that it doesn't do useful
 work any other way or you haven't shipped an alternative library to that same
 user. I think I'd have a legitimate complaint.
 

If the application was created without ever using the GPL-ed code, 
it is clearly not a derivative work until the end user combines it
with the GPL-ed code.

Even if the GPL-ed code was used for testing purposes, I believe
the courts consider that "fair use" and not creating a derivative 
work.  

Forrest J. Cavalier III, Mib Software  Voice 570-992-8824 
The Reuse RKT: Efficient awareness for software reuse: Free WWW site
lists over 6000 of the most popular open source libraries, functions,
and applications.  http://www.mibsoftware.com/reuse/  





Re: gpl backlash?

1999-07-26 Thread Wilfredo Sanchez

| For the software I personally write, there really isn't much  
choice but the
| GPL. That's because I donate my time to increase the amount of  
available
| free software, _not_ non-free software. I absolutely will not  
tolerate being
| treated as an unpaid employee by someone who takes my contribution and 
| incorporates it into non-free software, without returning the same  
value to
| the community that I put into it when I made my contribution.  
Thus, I would
| not contribute my time to writing free software without the  
_protection_ of
| the GPL.

  That's a fairly narrow view, Bruce.

  NeXT used GPL'ed code for years without adding much value to the  
GNU Project because they made lots of NeXT-specific changes and  
didn't care at all whether they got folded into the FSF source base.   
Sure the software remaind "free", but none of it ever made it into  
the FSF sources and was therefore generally useless to the Community.  
 Had it not been GPL'ed and had they made it "proprietary," there  
would have been little difference to anyone.  What did this  
"protection" buy you?

  On the other hand, Apple has contributed a fair bit (not a  
terrifically great bit, but certainly something) to NetBSD and Apache  
despite the lack of any requirements to do so.  And we're finally  
getting our act together and submitting a large body of work to gdb.   
I just met with a pile of gdb developers at a Cygnus-sponsored gdb  
party, and they were quite exited to be getting this code.  The fact  
that it's been available for years never helped anyone.  The fact  
that we are now actively trying to merge it in upstream is what  
counts, and the GPL isn't going to get you that.

  Which isn't to say that "the GPL is evil";  that's yet another  
narrow view.  I'm just saying that you're not looking at the bigger  
picture.  I would say that the GPL isn't necessary, but I just want  
better software, not some notion of code virtue.

  I want to be able to run an open system on my computer, and I want  
it to be the best open system it can possibly be.  So I'll write  
open software to contribute to the value of that system, and I'll  
hope that lots of other people will use it and see the value in  
improving it in the same way.  If someone else takes it and decides  
not to contribute, I don't really care.  I'm not anyone's "unpaid  
employee" because they use my code.  My belief is that people who  
take open source and diverge on their own at in the long-term going  
to lose.  I don't have any doubts about the security of open source,  
and don't need to force my view onto others.  I'd rather welcome them  
and wait for them to get a clue if they don't already have it.   
Poo-poo-ing them because they don't share my view isn't going to make  
my software better if it means they go work on something else  
instead.  So if the GPL limits my audience, I see that as a bug, not  
a feature.

| Have you looked at freshmeat.net lately? At least half of the program
| announcements there have "GPL" as their license. That's a lot more than
| it used to be.

  The GPL has momentum.  So does MS Windows.  That doesn't  
necessarily make it The Best Thing.

-Fred

#include std_disclaimer.h /* opinion(Fred) != opinion(Apple) */


--
   Wilfredo Sanchez, [EMAIL PROTECTED]
Apple Computer, Inc., Core Operating Systems / BSD
  Technical Lead, Darwin Project
   1 Infinite Loop, 302-4K, Cupertino, CA 95014



Re: gpl backlash?

1999-07-26 Thread Derek J. Balling



 1 Infinite Loop, 302-4K, Cupertino, CA

This has got to be a joke...?

No. It is a circular road in Cupertino which, IIRC, surrounds one of 
Apple's campuses. (or something like that).

The NAMING of the road was certainly a joke, but :)

D



Re: gpl backlash?

1999-07-26 Thread Wilfredo Sanchez

|NeXT used GPL'ed code for years without adding much value to the   
|  GNU Project because they made lots of NeXT-specific changes and   
|  didn't care at all whether they got folded into the FSF source  
base.
|  Sure the software remaind "free", but none of it ever made it into   
|  the FSF sources and was therefore generally useless to the  
Community.
|
| Except the *NeXT* community.

  OK, that's fair.

| Well, different people have different objectives for opening  
systems up (or
| making open systems in the first place), of course.  My objective is to 
| benefit the user, and make the user's life nice.

  OK, I like that objective.

| For some things, that means simply ensuring that no one can do  
anything to
| the code without letting other people see those changes; the GPL  
is nice
| here.  From past experience this seems to include compilers, since few 
| people can expend the resources to a) write a whole compiler to  
introduce a
| new feature or b) write that feature to be portable across every  
platform
| the original compiler works for.  So the GPL helps to keep people from 
| wimping out, and writing in new features for just one platform.   
However, it
| also provides the incentive that you don't have to write the rest  
of the
| compiler.

  Certainly the GPL has worked well here.  Writing a compiler is  
enough of a pain in the ass that dealing with the GPL, regardless of  
your objections, is likely worthwhile.

  And I'll grant you that the GPL has done great things for free  
software.  In times when nobody in business thought free software was  
interesting, it kept things moving.  To that end, the GPL is a  
wonderful thing.  On the other hand, people are starting to see real  
economic benefit (resource management, compatibility,  
standardization) to open source.

  The GPL's major flaw is its unbounded viral nature.  That scares  
(quite reasonable) people away from it, and I think that's a real  
bummer.  I don't mind the "keep this free" sentiment.  (In fact,  
Apple's license, which I had some input on, has a similar requirement  
to keep derivative works under the same terms, and I think that's  
fair.)  But you have to at least specify what you mean by derivative  
works, and allow for the possibility of integration of open code with  
closed code.  And yes, you can probably find ways to change the code  
such that you don't have to contribute anything of value if you  
dance around the license enough, but I can accept that.

  With the GNU license, there is no telling whether if I write a  
10,000 line program, which has one line:

system("/bin/ls");

and oops, /bin/ls is from GNU fileutils.  Well, crap, is my program  
infected by the GPL?  Does that means I can't run my program on  
Linux?  Well of course not, you say.  But the license doesn't say,  
and that's just plain silly.  On the other hand, this sort of  
confusion might just render the GPL useless in court, and out goes  
the "protection" that you're after.  Lucky it's never been tried in  
court; I'm quite curious about it.

| For other things, the most important thing for the end user is
| compatibility; internet servers, for instance.  In those cases,  
it's more
| important that *absolutely everything* come from a commnon code base, 
| period.

  Well, it's important that things interoperate, not that they use  
the same code, though sharing code does tend to help that a lot.

| 1 Infinite Loop, 302-4K, Cupertino, CA
|
| This has got to be a joke...?

  Yes and no.

-Fred


--
   Wilfredo Sanchez, [EMAIL PROTECTED]
Apple Computer, Inc., Core Operating Systems / BSD
  Technical Lead, Darwin Project
   1 Infinite Loop, 302-4K, Cupertino, CA 95014



Re: gpl backlash?

1999-07-26 Thread Matthew C. Weigel

On Mon, 26 Jul 1999, Wilfredo Sanchez wrote:

[for readability I've reformatted some comments]

 | Except the *NeXT* community.
 
   OK, that's fair.

 | making open systems in the first place), of course.  My objective
 | is to benefit the user, and make the user's life nice.
   OK, I like that objective.

Good!

[snip]

   Certainly the GPL has worked well here.  Writing a compiler is
 enough of a pain in the ass that dealing with the GPL, regardless of
 your objections, is likely worthwhile.

   And I'll grant you that the GPL has done great things for free
 software.  In times when nobody in business thought free software was
 interesting, it kept things moving.  To that end, the GPL is a
 wonderful thing.  On the other hand, people are starting to see real
 economic benefit (resource management, compatibility,
 standardization) to open source.

I disagree -- it looks like people are starting to see the benefits of
getting their end users to fix bugs.  Which can be a different animal
from open source entirely.

[note: I'm not sure if I agree with the APSL but I'm not flaming it
here; I'm trying to push the idea that there are different degrees of
freedom to software, and I happen to like the highest degree possible]

Of course, the fastest way to open software up is to provide lots of
endearing and attractive open source options, that strongly encourages
more open software.  The GPL in some cases is overkill (there's a
strong encouragement in the BSD family for proprietary vendors to give
back), but in some cases its necessary.

   The GPL's major flaw is its unbounded viral nature.  
[snip]
 But you have to at least specify what you mean by derivative
 works, and allow for the possibility of integration of open code with
 closed code.

Do you mean by this that if the GPL were more specific in its
allowances and prohibitions, it would make for more acceptance and a
better license?  I can agree with that.  It's important to put people
at ease that their use of a license is doing what they think it's
doing, and clear language is important there.

   And yes, you can probably find ways to change the code  
 such that you don't have to contribute anything of value if you  
 dance around the license enough, but I can accept that.

As can I.  It would be difficult to add proprietary extensions to gcc,
for instance, without making a clearly derivative work (as opposed to
the below).

 the "protection" that you're after.  Lucky it's never been tried in
 court; I'm quite curious about it.

As am I.  For the rest of it, see above.

 | For other things, the most important thing for the end user is
 | compatibility; internet servers, for instance.  In those cases,  
 it's more
 | important that *absolutely everything* come from a commnon code base, 
 | period.
 
   Well, it's important that things interoperate, not that they use  
 the same code, though sharing code does tend to help that a lot.

The fastest way to push a standard out is to give people the code to
implement the standard, so that it will work with some minor tweaks and
studying.  It looks to me like X won this way, as well as a lot of BSD
stuff (I'm almost certain OS/2 uses some BSD code for its networking
stuff, for example).

 | 1 Infinite Loop, 302-4K, Cupertino, CA
 |
 | This has got to be a joke...?
 
   Yes and no.

Those Crazy Californians again, I guess.  Yes, my roots go to
California too :)

On a side note, has anyone been receiving multiple copies of messages?  I
received the message I'm responding to *thrice*.

 Matthew Weigel   Programmer/Sysadmin
  [EMAIL PROTECTED] Operating Systems Advocate
 http://www.pitt.edu/~weigel



Re: gpl backlash?

1999-07-26 Thread Wilfredo Sanchez

| I disagree -- it looks like people are starting to see the benefits of 
| getting their end users to fix bugs.  Which can be a different animal 
| from open source entirely.

  Not entirely.  I don't mind paying for software.  What kills me is  
"that damned bug that's been there forever and why don't they fix it  
it's so easy if only I could get the code".  There is nothing wrong  
with end users being able to fix bugs, and there is nothing wrong  
with a business realizing that this can be mutually beneficial.

| [note: I'm not sure if I agree with the APSL but I'm not flaming it 
| here; I'm trying to push the idea that there are different degrees of 
| freedom to software, and I happen to like the highest degree possible] 

  The APSL is new.  I personally think it will need to evolve  
further, but it's pretty good for where we are today.

| Do you mean by this that if the GPL were more specific in its
| allowances and prohibitions, it would make for more acceptance and a 
| better license?

  Most certainly.  For starters, it should define "derived work" if  
it's going to use that term in its requirements.

| The fastest way to push a standard out is to give people the code to 
| implement the standard, so that it will work with some minor tweaks and 
| studying.  It looks to me like X won this way

  Yeah, sometimes this backfires.

| On a side note, has anyone been receiving multiple copies of  
messages?  I
| received the message I'm responding to *thrice*.

  Not I.

-Fred

#include std_disclaimer.h /* opinion(Fred) != opinion(Apple) */

--
   Wilfredo Sanchez, [EMAIL PROTECTED]
Apple Computer, Inc., Core Operating Systems / BSD
  Technical Lead, Darwin Project
   1 Infinite Loop, 302-4K, Cupertino, CA 95014



Re: gpl backlash?

1999-07-25 Thread Jacques Chester

Hi all;

 ... a maiden poster here. Trust me to pick a holy war to start
with, eh?

snip
Seems to be a backlash against the GPL lately - slashdot has posted 
numerous
articles on freebsd, which invariably say that "the gpl is evil (blah 
blah),
and use freebsd because it's better.  insert holy war here".

Anybody else noticed this (and care to comment on it)?

I've noticed it, yes. To me the issue that invariably crops up is the
viral nature of the GPL. Specifically, that inclusion of GPL'd code
means that the larger work must in turn be GPL'd.

This has pros and cons, which are both monetary *and* ideological.
And when money and belief meet head on ... well ... things get messy.
Ask the Crusaders.

Pros of viral GPL:

Ideological: It enforces freedom. User freedom is wholly ensured. The
author of the code also has legal resourse if his code is taken for use
without his permission (this could be *vaguely* hidden in a compiled
program).

Monetary: It ensures that GPL'd code will always be available for the
cost of a download - essentially free (as in free beer). The low opp.
cost of GPL'd code makes it very attractive to purchasers. Some
businesses are nervous at the possibility of their code been opened,
but may soon realise that it levels the playing field in an absolute 
way -
nobody gains advantage in a GPL'd world.

Cons of a viral GPL:

Ideological: There are some the GPL is not free at all, that is in fact
enforced, top-down "Freedom by Command", not unlike being liberated
by the Red Army. Others feel that it is too ideological, full stop.

Monetary: Some companies and people may balk at their expensively
developed code being made available in an environment where it
cannot be sold. They may also feel that they are performing free RD
for competitors.


The above list is not comprehensive, by any means. I begin to think
that this list might wish to work towards a License HOW-TO, which
sets out several aspects of the common licenses and how to choose
your best choice. For maximum interoperability with the GNU project
and low hacker objection, for example, the GPL is the only choice.

Signal 11

Be well;

JC.



gpl backlash?

1999-07-24 Thread Signal 11

Thought I'd mention that the licensing has changed for "php4" aka zend.
It was under the GPL, but now it appears to be under the QPL (just like
kde).

Seems to be a backlash against the GPL lately - slashdot has posted numerous
articles on freebsd, which invariably say that "the gpl is evil (blah blah),
and use freebsd because it's better.  insert holy war here".

Anybody else noticed this (and care to comment on it)?

-- 
Signal 11