Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-06 Thread Timothy H. Keitt

Mike Mascari wrote:

> Why do you continue to insist that GPL is superior to BSD? GPL is
> BSD *with restrictions*. If someone comes along and sweeps up the
> major developers:
>
> A) Good for the major developers - they deserve to have large
> sums of cash thrown their way, particularly for many of them who
> have been working on this *for years*
>

My understanding is that BSD allows someone to take the code commercial
without
consulting the original developers at all.  With GPL, a company would
have to
negotiate an alternative license with the copyright holders in order to
use the
code for a closed source commercial product.  This would ensure that the

copyright holders receive some compensation.  (Multiple licensing is a
common
strategy; e.g., ReiserFS if offered under GPL and commercial licensing.
It is
also possible to let users choose one of several licenses, so you can
release
your code under BSD and GPL and let users decide which they prefer,
although
this could create additional problems with integrating contributed
code.)  With
BSD you are basically saying that anyone can use the code anyway they
want,
even if they take it and sell it as part of a commercial closed source
product.  I'm also happy if major postgres developers get sums of cash
thrown
their way, but why does BSD make that more likely?

Also, I will point out that the GPL allows anyone to make closed source
modifications to code as long as they do not redistribute the
modifications.
Its perfectly fine to modify the code and use the modified version
within an
organization.  Placing modifications under the GPL only applies when
these
modifications are distributed to others.  I believe some of the GPL
'poison'
comments incorrectly implied that the GPL restricts organizations from
making
closed source modifications for internal use.

T.

--
Timothy H. Keitt
National Center for Ecological Analysis and Synthesis
735 State Street, Suite 300, Santa Barbara, CA 93101
Phone: 805-892-2519, FAX: 805-892-2510
http://www.nceas.ucsb.edu/~keitt/






Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Trond Eivind Glomsrød

[EMAIL PROTECTED] (Jan Wieck) writes:

> Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> > [EMAIL PROTECTED] (Jan Wieck) writes:
> >
> > > Trond Eivind Glomsrød wrote:
> > > > [EMAIL PROTECTED] (Jan Wieck) writes:
> > > >
> > > > > Trond Eivind Glomsrød wrote:
> > > > > > Mike Mascari <[EMAIL PROTECTED]> writes:
> > > > > >
> > > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > > > > > > one time or another) considerable BSD roots. And yet FreeBSD
> > > > > > > still exists... All GPL does is 'poison' the pot by prohibiting
> > > > > > > commercial spawns which may leverage the code.
> > > > > >
> > > > > > GPL doesn't prohibit commercial spawns - it just requires you to send
> > > > > > the source along.
> > > > >
> > > > > So  if  someone  offers  $$$  for  implementation of Postgres
> > > > > feature XYZ I don't have to make that code open source?
> > > >
> > > > You don't have to tell the world they can have it for free - you can
> > > > sell it, and develop it by demand.
> > > >
> > > > > Only  need  to  ship  the  code  to the one paying
> > > >
> > > > Yes.
> > >
> > > Now  I  don't want to ship the source code. My customer would
> > > be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
> > > responsible  to  patch  future  versions  until I release the
> > > sources. Is that OK?
> >
> > You don't have to give the customer the source, as long as you
> > gurantee that he gets it (for cost of distribution) if he wants it.
> 
> Wordy, but how can I prevent him to ask for?

By doing everything he wants (and perfect) so he doesn't have a need
for it?  

Basically, GPL is intended to protect the end user and guaranteeing
him the source if he wants it - and that he can do what he wants to
with it, as long as he doesn't prevent others from doing so.


-- 
Trond Eivind Glomsrød
Red Hat, Inc.



Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Jan Wieck

Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> [EMAIL PROTECTED] (Jan Wieck) writes:
>
> > Trond Eivind Glomsrød wrote:
> > > [EMAIL PROTECTED] (Jan Wieck) writes:
> > >
> > > > Trond Eivind Glomsrød wrote:
> > > > > Mike Mascari <[EMAIL PROTECTED]> writes:
> > > > >
> > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > > > > > one time or another) considerable BSD roots. And yet FreeBSD
> > > > > > still exists... All GPL does is 'poison' the pot by prohibiting
> > > > > > commercial spawns which may leverage the code.
> > > > >
> > > > > GPL doesn't prohibit commercial spawns - it just requires you to send
> > > > > the source along.
> > > >
> > > > So  if  someone  offers  $$$  for  implementation of Postgres
> > > > feature XYZ I don't have to make that code open source?
> > >
> > > You don't have to tell the world they can have it for free - you can
> > > sell it, and develop it by demand.
> > >
> > > > Only  need  to  ship  the  code  to the one paying
> > >
> > > Yes.
> >
> > Now  I  don't want to ship the source code. My customer would
> > be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
> > responsible  to  patch  future  versions  until I release the
> > sources. Is that OK?
>
> You don't have to give the customer the source, as long as you
> gurantee that he gets it (for cost of distribution) if he wants it.

Wordy, but how can I prevent him to ask for?


Jan

--

#==#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me.  #
#== [EMAIL PROTECTED] #





Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Trond Eivind Glomsrød

[EMAIL PROTECTED] (Jan Wieck) writes:

> Trond Eivind Glomsrød wrote:
> > [EMAIL PROTECTED] (Jan Wieck) writes:
> >
> > > Trond Eivind Glomsrød wrote:
> > > > Mike Mascari <[EMAIL PROTECTED]> writes:
> > > >
> > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > > > > one time or another) considerable BSD roots. And yet FreeBSD
> > > > > still exists... All GPL does is 'poison' the pot by prohibiting
> > > > > commercial spawns which may leverage the code.
> > > >
> > > > GPL doesn't prohibit commercial spawns - it just requires you to send
> > > > the source along.
> > >
> > > So  if  someone  offers  $$$  for  implementation of Postgres
> > > feature XYZ I don't have to make that code open source?
> >
> > You don't have to tell the world they can have it for free - you can
> > sell it, and develop it by demand.
> >
> > > Only  need  to  ship  the  code  to the one paying
> >
> > Yes.
> 
> Now  I  don't want to ship the source code. My customer would
> be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
> responsible  to  patch  future  versions  until I release the
> sources. Is that OK?

You don't have to give the customer the source, as long as you
gurantee that he gets it (for cost of distribution) if he wants it. 


-- 
Trond Eivind Glomsrød
Red Hat, Inc.



Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Jan Wieck

Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> [EMAIL PROTECTED] (Jan Wieck) writes:
>
> > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> > > Mike Mascari <[EMAIL PROTECTED]> writes:
> > >
> > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > > > one time or another) considerable BSD roots. And yet FreeBSD
> > > > still exists... All GPL does is 'poison' the pot by prohibiting
> > > > commercial spawns which may leverage the code.
> > >
> > > GPL doesn't prohibit commercial spawns - it just requires you to send
> > > the source along.
> >
> > So  if  someone  offers  $$$  for  implementation of Postgres
> > feature XYZ I don't have to make that code open source?
>
> You don't have to tell the world they can have it for free - you can
> sell it, and develop it by demand.
>
> > Only  need  to  ship  the  code  to the one paying
>
> Yes.

Now  I  don't want to ship the source code. My customer would
be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
responsible  to  patch  future  versions  until I release the
sources. Is that OK?


Jan

--

#==#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me.  #
#== [EMAIL PROTECTED] #





Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Ned Lilly

Ron, probably the best example to reassure you here is Illustra/Informix,
which is based on the old Berkeley Postgres code.  A group of people at
Berkeley "forked" the Postgres code into the closed Illustra system, but it
survived as Postgres95, then later PostgreSQL when Marc and Bruce got
started.

As a number of people have said, if someone (like Great Bridge or anyone
else) ever took the then-current PostgreSQL code proprietary, it would still
remain as an open source project - and believe me, there are plenty of
people who would rather work on it as an open source project than a
proprietary death-spiral.

We think the proprietary software development model for large scale projects
(operating systems, databases, wide-ranging applications) is stupid and
dead.  We don't think open source is going away - in fact, we think it's the
way most software is going to be developed in the future.  There will
certainly be companies that try and fork off open source projects and make a
quick buck; they will fail.

As I understand your concern, you don't want to make a learning investment
in something you think is open source, only to have it go closed?  I think I
can safely say that PostgreSQL as an open source project will never go away
- the momentum is too strong, the product is too good, the developers are
too committed, for that to happen.

Best,
Ned



Ron Peterson wrote:

> I'm not trying to rankle the developers who have benefited me so much by
> promoting the GPL.  I'm just trying to protect myself as a consumer from
> being left in the cold when the product I've spent so much time learning
> and implementing suddenly goes proprietary.
>
> Sorry to be cynical, but as a consumer, I can't help seeing BSD licenses
> as good old bait and switch.  And this discussion doesn't reassure me
> otherwise.
>
> Sure, the code can fork.  SunOS, AIX, HPUX are good examples.  Examples
> of the kind of code forking and corporatism I thought, I hoped, the
> world was moving away from.
>
> 
> Ron Peterson
> [EMAIL PROTECTED]




Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Ron Peterson

Mike Mascari wrote:
> 
> Why do you continue to insist that GPL is superior to BSD? GPL is
> BSD *with restrictions*. If someone comes along and sweeps up the
> major developers:
> 
> A) Good for the major developers - they deserve to have large
> sums of cash thrown their way, particularly for many of them who
> have been working on this *for years*
> 
> B) The moment it happens, the project forks and another "Marc"
> out-there offers to host development on his machine and the
> process begins again. PostgreSQL exists despite Illustra's
> existence.
> 
> This is not something new. SunOS, AIX, HPUX, etc. all have (at
> one time or another) considerable BSD roots. And yet FreeBSD
> still exists... All GPL does is 'poison' the pot by prohibiting
> commercial spawns which may leverage the code. If someone makes
> some money selling CommercialGres by integrating replication,
> distributive, and parallel query, good for them.

Is perhaps GPL more restrictive for *developers*?  And BSD more
restrictive for *consumers*?

As a consumer I prefer the GPL.  But Mike's point is well taken.  I
agree that the GPL is rather idealistic.  It makes it very difficult,
almost impossible, for someone to make money doing software development.

Is there a middle ground?  Somewhere where perhaps I can be assured that
*someday* in the not-so-distant future I, as a consumer, will have
access to source code?  Is there any such thing as a license with
built-in time limits?  Reasonably short time limits, as opposed to those
provided by the U.S. patent office?

Or is there a way to write an open-source license that allows developers
to make money?  I know, I know, there are too many licenses already. 
But if talented hard working people can't make a living, there's a
problem.  This will probably sound very stupid, but would it be possible
to write a license that said something to the effect of "if you are a
big corporate commercial interest worth more than $X, you must donate $Y
to postgresql.org."?

I'm not trying to rankle the developers who have benefited me so much by
promoting the GPL.  I'm just trying to protect myself as a consumer from
being left in the cold when the product I've spent so much time learning
and implementing suddenly goes proprietary.

Sorry to be cynical, but as a consumer, I can't help seeing BSD licenses
as good old bait and switch.  And this discussion doesn't reassure me
otherwise.

Sure, the code can fork.  SunOS, AIX, HPUX are good examples.  Examples
of the kind of code forking and corporatism I thought, I hoped, the
world was moving away from.


Ron Peterson
[EMAIL PROTECTED]



Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread The Hermit Hacker

On Wed, 5 Jul 2000, Philip Warner wrote:

> At 00:24 5/07/00 -0400, Mike Mascari wrote:
> >> 
> >> Am I correct in saying that you agree that the GPL is where we should be,
> >> but you want people to go there of their own free will?
> >
> >Why do you continue to insist that GPL is superior to BSD? GPL is BSD 
> >*with restrictions*
> 
> I don't. The above was a question to Jan.
> 
> I have stated in the past that I would prefer PG to be GPL, but that is
> based on my perception of PG as a 'strategic resource' for my company. The
> GPL Vs. BSD discussion is a religious war that will only be resolved in
> time. I do, honestly, hope Jan is right about the convergence of open
> source and industry.

Philip ... I abhor GPL myself, which is why PostgreSQL will never fall
under it ... I think it is just this side of 'MicroSloth evil' in that it
creates way more restrictions on code that are necessary.  Its been around
so long that ppl have been effectively brainwashed into thinking that
"this is the only open source license" ...

You cannot close source open source ... unless ppl don't care.  If
someone were to come along and try, someone else comes along and forks the
code off at the point *just before* the license changed and continues
along their own thread.  Quite frankly, that person forking it off would
be me, since PostgreSQL was never intended to be closed source ...

... it doesn't matter if the code is under BSD or GPL, that fork can (and
will) happen ... with GPL, its near impossible to do ... with BSD, its
easier, but it buys little for the commercial enterprise doing so ...

I was going to say that what BSD buys someone over GPL is the ability to
create modules taht are binary only, but even GPL allows for that
... *shrug*


> >A) Good for the major developers - they deserve to have large
> >sums of cash thrown their way, particularly for many of them who
> >have been working on this *for years*
> 
> I totally agree. This can happen under GPL. If I were a company wanting to
> develop PG, the source would be less of an issue than access to the core
> developers who are the real resource. As Jan has said elsewhere, keeping
> source secret is a waste of effort.

Okay, so BSD vs GPL matters not here ...

> >B) The moment it happens, the project forks and another "Marc"
> >out-there offers to host development on his machine and the
> >process begins again. PostgreSQL exists despite Illustra's
> >existence.
> 
> No problem here but wasted effort.

And BSD vs GPL matters not here ...

> In summary of my position:
> 
> 1. I am happy to continue with vanilla BSD + extra warranty & liability
> disclaimers.

This is my feeling too ... I won't agree to changing the license over to a
"under juristiction of ...", nor will I agreee with the "slam this in
front of ppls faces and force them to read it ...".  

Personally, from all the 'legal' issues that FreeBSD has gone through over
the years, especially recently with the BSDi/FreeBSD merger and the whole
cryptology merger, I would think they would have been the first to
adopt/change their BSD license to something else, and I've never even seen
discussions on it ...

Putting the license up as a README on the ftp site, and maybe including it
as part of the download page ... no probs, not obnoxious ... hell, how
many ppl even read the license on sites that require a 'I agree'?  




[Fwd: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?]

2000-07-05 Thread Mike Mascari

 


Mike Mascari wrote:

> Why do you continue to insist that GPL is superior to BSD? GPL is
> BSD *with restrictions*. If someone comes along and sweeps up the
> major developers:
>
> A) Good for the major developers - they deserve to have large
> sums of cash thrown their way, particularly for many of them who
> have been working on this *for years*
>

My understanding is that BSD allows someone to take the code commercial without
consulting the original developers at all.  With GPL, a company would have to
negotiate an alternative license with the copyright holders in order to use the
code for a closed source commercial product.  This would ensure that the
copyright holders receive some compensation.  (Multiple licensing is a common
strategy; e.g., ReiserFS if offered under GPL and commercial licensing.  It is
also possible to let users choose one of several licenses, so you can release
your code under BSD and GPL and let users decide which they prefer, although
this could create additional problems with integrating contributed code.)  With
BSD you are basically saying that anyone can use the code anyway they want,
even if they take it and sell it as part of a commercial closed source
product.  I'm also happy if major postgres developers get sums of cash thrown
their way, but why does BSD make that more likely?

Also, I will point out that the GPL allows anyone to make closed source
modifications to code as long as they do not redistribute the modifications.
Its perfectly fine to modify the code and use the modified version within an
organization.  Placing modifications under the GPL only applies when these
modifications are distributed to others.  I believe some of the GPL 'poison'
comments incorrectly implied that the GPL restricts organizations from making
closed source modifications for internal use.

T.

--
Timothy H. Keitt
National Center for Ecological Analysis and Synthesis
735 State Street, Suite 300, Santa Barbara, CA 93101
Phone: 805-892-2519, FAX: 805-892-2510
http://www.nceas.ucsb.edu/~keitt/






Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-05 Thread Jan Wieck

Mike Mascari wrote:
> This is not something new. SunOS, AIX, HPUX, etc. all have (at
> one time or another) considerable BSD roots. And yet FreeBSD
> still exists... All GPL does is 'poison' the pot by prohibiting
> commercial spawns which may leverage the code. If someone makes
> some money selling CommercialGres by integrating replication,
> distributive, and parallel query, good for them.

Let  them! It's good for the customer too, because he mustn't
wait until we lazy dogs implement all that.

If they are smart, they will contribute it to the open source
tree sometimes after having their ROI. Otherwise they run the
risk of getting stuck someday when their changes don't  apply
any  more to our tree but they are still responsible for it's
functionality.


Jan

--

#==#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me.  #
#== [EMAIL PROTECTED] #





Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-04 Thread Philip Warner

At 15:15 5/07/00 +1000, Chris Bitmead wrote:
>
>Why wouldn't MS be able to take the code and use it while abiding by its
>terms and conditions?
>

I am told that the most likely interpretation of this is that it is for use
in PostgreSQL or one of its descendants. The new clause changes that to
'any use whatsoever'.


Philip Warner| __---_
Albatross Consulting Pty. Ltd.   |/   -  \
(A.C.N. 008 659 498) |  /(@)   __---_
Tel: (+61) 0500 83 82 81 | _  \
Fax: (+61) 0500 83 82 82 | ___ |
Http://www.rhyme.com.au  |/   \|
 |----
PGP key available upon request,  |  /
and from pgp5.ai.mit.edu:11371   |/



Re: [HACKERS] Re: [GENERAL] Revised Copyright: is this morepalatable?

2000-07-04 Thread Chris Bitmead

Philip Warner wrote:

> My legal advice is that, assuming they knew it was a BSD project, they
> can't take it out of PostgreSQL. But you could, for example, stop Microsoft
> using your compression code in one of their products. The new license
> removes this right from you.

Why wouldn't MS be able to take the code and use it while abiding by its
terms and conditions?