Re: Rchard Stallman vs Darl McBride

2010-07-24 Thread Levi Pearson
On Sat, Jul 24, 2010 at 1:11 PM, Jon Jensen j...@endpoint.com wrote:

 Imagine if we had no copyright on software. Sure, people could release
 only binaries if they wanted. But they'd get copied at will, legally, so
 there'd be little market for selling them. And the scene would probably
 largely revert to the way things were back before it was legally decided
 software (on magnetic media, anyway) could be copyrighted -- and people
 published source code + binaries fairly freely, either because they were
 making money off the hardware or because they were part of a community
 working together to improve software that they all used.

I don't think lack of copyright on software would be a good thing,
though.  I think authors of software should be able, for a limited
time, to have exclusive control over how their works are copied.  I do
think that copyright in general has grown to something beyond what it
was intended to be, and its duration should be scaled back to the
original 14 years with the option of a 14 year renewal.  I think that
software copyrights could and ought to be scaled back to an even
shorter duration.

I also don't think lack of software copyright would have much of an
effect on source distribution.  In fact, lacking copyright protection,
producers of software might be even more reluctant to distribute
source code.  Lacking copyright, the only way to protect it would be
to keep it secret.

 This is all highly speculative, but there is some historical precedent for
 it, so we can expect at least in parts of the software world that would
 happen again, with neither legal nor license requirements compelling it.

People using permissive software licenses have been and still are
doing things that way.  People who didn't want to share would just be
more secretive or more creative about trying to hide things.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-24 Thread Tod Hansmann
On 7/24/2010 3:13 PM, Levi Pearson wrote:
 On Sat, Jul 24, 2010 at 1:11 PM, Jon Jensenj...@endpoint.com  wrote:
 SNIP - A bunch of stuff about speculation on copyrights and varying 
 importance of them

Food for thought that I found interesting (I mean no more of a statement 
than that.  I'm not endorsing anything here):

http://www.ted.com/talks/lang/eng/johanna_blakley_lessons_from_fashion_s_free_culture.html

-Tod Hansmann

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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Levi Pearson
On Tue, Jul 20, 2010 at 11:36 PM, Aaron Toponce aaron.topo...@gmail.com wrote:
 I'm surprised this hasn't been brought up, so I'll mention it.

 Google keeps an internal proprietary derivative of Ubuntu on their
 employee workstations. They have never released this Goobuntu to the
 wild, and as such are under no obligation to release their changes. Even
 if the code is GPL.

I'm not sure why you're surprised, as it doesn't really seem relevant.
 Individual packages within Ubuntu may be GPL-licensed, but the whole
distribution doesn't have an overarching license agreement, and I
don't think the GPL would work for that either.  If they made changes
to specific packages that were GPL-licensed and didn't distribute
them, that would illustrate a point, but I don't think it's a point
that anyone was confused about.

At work we have a wireshark plugin for an in-house protocol that we
don't distribute.  We also developed a couple of decoders for
protocols we're helping to develop through IEEE, and we submitted
those back upstream.  You can find me in the AUTHORS file, though it
may not be in a stable release version yet.  Sometimes it's useful to
have our in-house protocol and the IEEE draft protocols in the same
build, but we've got to be careful not to distribute those builds when
we're sending out builds with the draft protocol updates to people
we're working with.  It's a minor annoyance, but annoying nonetheless.

--Levi

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Re: GPL worldview WAS Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Michael Torrie
On 07/21/2010 05:18 AM, justin wrote:
 On Tuesday, July 20, 2010, Michael Torrie torr...@gmail.com wrote:
  The GPL levels the playing field.  IBM's contributions can't be used
 against them, as they could be with a BSD license.  Linux gets better
 for everyone.
 
 
 I'm not sure I follow. How could IBM's contributions be used against
 them under a BSD license?

Simply put, anything IBM did with a BSD project (and where their code
was released under the BSD), could be used in a closed, proprietary way
in a product that competes with IBM.  Whereas with the GPL, IBM's
contributions cannot be closed.  If a company chooses to make a superior
product based on IBM's contributions under the GPL, IBM is free to
incorporate their changes as well (it's only fair after all).  Level
playing field.  IBM works with many open source licenses, but I believe
that the GPL is one of the reasons IBM chose (at one time anyway) to
invest so heavily in Linux.  I do not believe IBM would have invested in
the same way in BSD Unix.

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Re: GPL does not tie your hands necessarily - Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Michael Torrie
On 07/20/2010 10:21 PM, Levi Pearson wrote:
 If your wrote *all* the code yourself, you absolutely can release only
 part of it under the GPL.
 
 Yes, but that negates the power of using open source building blocks.
 I assumed some other copyright holders in the mix, either from the
 beginning or from accepting contributions under the GPL without
 copyright reassignment.

Well incompatible licenses should be a concern no matter what license
you are working with.  I don't think a GPL library author owes you as a
developer anything.  So use something that's compatible with your
license.  If no one can use a library because it's GPL, then it will die
and be replaced with something else.  I don't see your concern as a
genuine problem.  If you're working on a proprietary, commercial
project, for example, then you should have already taken this into
consideration.

Also, many GPL'd projects (even ones with multiple copyright holders)
are licensed under several different licenese.

 Yes, but that's GPL-with-exceptions, not vanilla GPL.  Structuring
 things correctly and coming up with the necessary exceptions and all
 that seem needlessly complicated to me.

Well, as I said, writing a special exception to the GPL is not strictly
necessary for the copyright holder(s).  But a GPL-with-exceptions
license can become a vanilla GPL license for the derivative author.  Any
exception to the GPL need not live past the first generation if you as
the developer choose that to be so.

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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Michael Torrie
On 07/20/2010 10:31 PM, Levi Pearson wrote:
 Except that 'more liberal' literally means more free. :)

But but the tea party says that liberal means socialist fascist
extremist baby killer!  Doesn't sound more free to me!

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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Aaron Toponce
On 07/21/2010 12:09 AM, Levi Pearson wrote:
 I'm not sure why you're surprised, as it doesn't really seem relevant.
  Individual packages within Ubuntu may be GPL-licensed, but the whole
 distribution doesn't have an overarching license agreement, and I
 don't think the GPL would work for that either.  If they made changes
 to specific packages that were GPL-licensed and didn't distribute
 them, that would illustrate a point, but I don't think it's a point
 that anyone was confused about.

You draw a good point, and while merely an assumption, I think it would
be safe to say that Google is making changes to GPL-licensed code, as
well as other licensed code. It's heavily speculated that GWS is just a
modified version of Apache.

The fact that they won't release Goobuntu (or any other custom-built
Google appliance), seems to be that they are probably changing GPL, and
other licensed cod to fit their own internal needs. Aside from the fact
that making these releases, likely doesn't fit into their business model
anyway. With that said, according to Mark Shuttleworth, they are
submitting patches upstream to Ubuntu, Apache, and others, thus the
avoiding doing any evil.

Anyway, this is all speculation, as I don't work there, and there seems
to be very little on the subject across the web. So, I'll concede.

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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Aaron Toponce
On 07/21/2010 07:40 AM, Michael Torrie wrote:
 On 07/20/2010 10:31 PM, Levi Pearson wrote:
 Except that 'more liberal' literally means more free. :)
 
 But but the tea party says that liberal means socialist fascist
 extremist baby killer!  Doesn't sound more free to me!

We're all on to your Marxist ways! Don't try to fool us!

/me waits for another political thread to erupt

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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Stuart Jansen
On Wed, 2010-07-21 at 00:09 -0600, Levi Pearson wrote:
 At work we have a wireshark plugin for an in-house protocol that we
 don't distribute.  We also developed a couple of decoders for
 protocols we're helping to develop through IEEE, and we submitted
 those back upstream.  You can find me in the AUTHORS file, though it
 may not be in a stable release version yet.  Sometimes it's useful to
 have our in-house protocol and the IEEE draft protocols in the same
 build, but we've got to be careful not to distribute those builds when
 we're sending out builds with the draft protocol updates to people
 we're working with.  It's a minor annoyance, but annoying nonetheless.

Two things:

(1) When you consider how much work has gone into Wireshark, and the
fact that you didn't pay a dime for it, whining about managing a plugin
is petty.

(2) Consider how the situation would be different if you had used a
proprietary product instead. You probably still wouldn't choose to
distribute your secret sauce plugin. Assuming you could share the tool
the same way you are with Wireshark, which you probably couldn't.

In other words, you'd be in the same or an even more awkward position. 

Sounds to me like RMS is annoying ergo you must find any excuse to
attack the GPL.


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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Stuart Jansen
On Wed, 2010-07-21 at 07:51 -0600, Aaron Toponce wrote:
 On 07/21/2010 07:40 AM, Michael Torrie wrote:
  But but the tea party says that liberal means socialist fascist
  extremist baby killer!  Doesn't sound more free to me!
 
 We're all on to your Marxist ways! Don't try to fool us!
 
 /me waits for another political thread to erupt

Nah, we've all known Torrie for years. Everyone knows he's a
Canadian^wMarxist.


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Re: GPL worldview WAS Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Richard Esplin
IBM did invest in Unix, but under a proprietary license, and called it AIX.

Lost of companies have invested in BSD Unix, but compared to Linux, few have 
contributed back.

Richard

On Wednesday, July 21, 2010 07:29:53 Michael Torrie torr...@gmail.com wrote:
 On 07/21/2010 05:18 AM, justin wrote:
  On Tuesday, July 20, 2010, Michael Torrie torr...@gmail.com wrote:
   The GPL levels the playing field.  IBM's contributions can't be used
  against them, as they could be with a BSD license.  Linux gets better
  for everyone.
  
  
  I'm not sure I follow. How could IBM's contributions be used against
  them under a BSD license?
 
 Simply put, anything IBM did with a BSD project (and where their code
 was released under the BSD), could be used in a closed, proprietary way
 in a product that competes with IBM.  Whereas with the GPL, IBM's
 contributions cannot be closed.  If a company chooses to make a superior
 product based on IBM's contributions under the GPL, IBM is free to
 incorporate their changes as well (it's only fair after all).  Level
 playing field.  IBM works with many open source licenses, but I believe
 that the GPL is one of the reasons IBM chose (at one time anyway) to
 invest so heavily in Linux.  I do not believe IBM would have invested in
 the same way in BSD Unix.
snip

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Re: GPL worldview WAS Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Levi Pearson
On Wed, Jul 21, 2010 at 8:38 AM, Richard Esplin
richard-li...@esplins.org wrote:
 IBM did invest in Unix, but under a proprietary license, and called it AIX.

 Lost of companies have invested in BSD Unix, but compared to Linux, few have 
 contributed back.


All sorts of companies invested in and contributed back to BSD Unix.
The early Unix culture was all about sharing and contributing things
between people who had the source code, even when it technically
violated license agreements.  This was before personal computers,
though, or at least before you could run Unix on them, so most users
worked for companies or universities.  USENIX, which was the original
Unix Users Group, was where a lot of this happened.

Anyway, it's true that Linux has taken over the role of the primary
collaborative Unix OS, and that the GPL plays a role in that.  It's
not the *only* factor involved in that, though.  Linux was patterned
after SVR4, which was what most of the commercial Unix vendors were
based on, and made porting to it easier.  Linux developers had a very
different philosophy on how to work and what could/should be added to
the OS.  BSD guys were a lot more conservative about change, while
Linux core developers embraced changes eagerly.  Linux was born on the
PC and naturally attracted PC developers, which was a much larger
group than the server/workstation users that were involved in BSD
development.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-21 Thread Levi Pearson
On Wed, Jul 21, 2010 at 8:16 AM, Stuart Jansen sjan...@buscaluz.org wrote:
 On Wed, 2010-07-21 at 00:09 -0600, Levi Pearson wrote:
 At work we have a wireshark plugin for an in-house protocol that we
 don't distribute.  We also developed a couple of decoders for
 protocols we're helping to develop through IEEE, and we submitted
 those back upstream.  You can find me in the AUTHORS file, though it
 may not be in a stable release version yet.  Sometimes it's useful to
 have our in-house protocol and the IEEE draft protocols in the same
 build, but we've got to be careful not to distribute those builds when
 we're sending out builds with the draft protocol updates to people
 we're working with.  It's a minor annoyance, but annoying nonetheless.

 Two things:

 (1) When you consider how much work has gone into Wireshark, and the
 fact that you didn't pay a dime for it, whining about managing a plugin
 is petty.

I did say it was a pretty minor annoyance.

 (2) Consider how the situation would be different if you had used a
 proprietary product instead. You probably still wouldn't choose to
 distribute your secret sauce plugin. Assuming you could share the tool
 the same way you are with Wireshark, which you probably couldn't.

Of course we wouldn't distribute the secret sauce plugin.  If a plugin
API was available (which would be the only way it would be useful to
us) we'd also still distribute the plugins for the protocol decoders
we're distributing, if it was permissible.  The API would undoubtedly
make distributing plugins separately from the main package easier than
Wireshark does, which would completely alleviate the annoyance, since
we wouldn't have to maintain separate builds.  There's no motivation
for Wireshark to make this easy, since they prefer you to not write
them as plugins and to submit them back to the main repository.  If
there was a proprietary tool that had met our needs in this way and
Wireshark wasn't available, we would have paid for it without a second
thought.  Probably would have been one of the cheaper tools we use.
If neither had been available, we'd have written our own tools, which
would definitely be more annoying, but licenses would have little to
do with that.

 Sounds to me like RMS is annoying ergo you must find any excuse to
 attack the GPL.

I find RMS *and* the GPL annoying.  I find Free Software fanatics even
more annoying when they go preaching.  However, I think the GPL can be
a useful tool, and I might use it or something like it in some
circumstances myself.  I just think it's given a little bit too much
credit sometimes for the software situation today, and I think a lot
of people use it out of adherence to Free Software Philosophy rather
than for technical reasons.  That's their right, but I'm likewise free
to share my opinion about it. :)

I didn't start my part in this thread with the intention of making you
think I was whining about the GPL.  My original point is that I didn't
want to hear a presentation from RMS, because I didn't think it would
contain useful technical information.  Other people drove the
discussion towards GPL and its importance; my comments on it have not
been intended to attack it, but to provide a perspective on it from
outside the FSF worldview.  I think I've been pretty fair (if
sometimes not terribly specific, opening myself to clarifying missives
from people who assumed I didn't understand it) in my assertions about
the GPL, and I've admitted that I might be wrong about its level of
influence on the software landscape today--it's definitely debatable.
My examples were not meant to whine about GPL, but to illustrate that
it hasn't had much of an effect on companies I've been involved with
contributing back to projects.  The things we kept back would have
been kept back under a more permissive license, and the things we
contributed would have been contributed as well, because it just made
sense to do so.  The GPL was mostly irrelevant, aside from creating a
minor annoyance.  This is purely anecdotal, but so have been the other
examples I've seen.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Richard Esplin
I want to respond to two different, related posts.

On 07/14/2010 04:21 PM, Levi Pearson wrote:
snip
 Seriously guys, this is a USERS group.  Neither McBride nor Stallman
 would have anything useful to say about USING Linux.  One of them is
 out to make a buck, and happened to end up on the wrong side of a
 lawsuit.  The other is the leader of a social/political movement, and
 seems to be only really interested in advocating that movement.
snip

One of the roles of an open source software users group is to educate users on 
the rights open source gives them, thereby helping them to value those rights. 
An open license has value that can be compelling even when the software is not 
necessarily the best technical fit.

At my current job, our marketing team recently surveyed our customers to 
determine why they selected our open source software over proprietary 
alternatives. More than half of our customers listed the open source license as 
a major reason they selected our product. Many customers reported that the 
license played a bigger role than the technical fit of the product.

Licenses matter, especially to an open source users group.

On Saturday, July 17, 2010 15:56:31 Levi Pearson levipear...@gmail.com wrote:
snip
 What's the big deal about 'getting hijacked by powerful corporate
 interests', anyway?  It was clearly possible to write significant
 software to be released under a BSD license, because BSD did it.
 Certainly lots of noise and many heated arguments were created by the
 GPL, but I'm not convinced that it was a major factor in getting stuff
 written.
snip

I have often been involved in deciding what license a business should use for a 
new software project. There are trade-offs to each license, and I like Bruce 
Peren's advice here:

http://itmanagement.earthweb.com/osrc/article.php/3803101/Bruce-Perens-How-Many-Open-Source-Licenses-Do-You-Need.htm

The GPL provides some strong protections for code creators.

* Reciprocity plays to a sense of justice

I am not going to use my free time working on a project which will
primarily enrich Bill Gates and his share-holders (or any other
company).

* Reciprocity provides the hope of additional contributions

When I select the GPL, I am optimistic that someone else will like
my code enough to contribute to it, and respect the license enough
that I will benefit from their additions. The BSD provides a warm-
fuzzy feeling that my code might help someone else, but I have no
legal expectation that I will benefit in return.

* Share-alike creates more open code

The legal obligation of reciprocity can act as a multiplier on hobby
code contributions, because corporations that want to improve the code
have additional reasons to persuade management to release their
improvements.

At two different companies, I have been able to release improvements
to open source code because the project we wanted to use was licensed
under the GPL. If it had been BSD licensed, that code would be rotting
on some small team within the companies.

The programmers who produced that code were not paid to create it,
but they benefit from my team being paid to improve it.

* Share-alike protects the programmer

When I am paid to learn and contribute to GPL code licensed code,
I know that the time and effort I have invested will be transferable
to other customers and employers. Other open source licenses have
much weaker protections.

The GPL might not be the right fit for every line of code you create, but 
software licenses are important and ignoring the license on code you create or 
use results in giving up rights that you might prefer to retain or that you 
should retain on behalf of your company.

Many technical people do not appreciate the role that intellectual property 
rights play in our society or how the rules surrounding intellectual property 
factor into business decision making. Technical people are often so focused on 
the technical quality of an engineering contribution that they do not grasp how 
that contribution is, or is not, benefiting a business, a profession, or 
society.

Lawrence Lessig's writings on these matters is very illuminating. _Code_ is a 
good place to start:

http://codev2.cc/download+remix/

Richard Esplin

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 5:02 PM, Richard Esplin
richard-li...@esplins.org wrote:
 I want to respond to two different, related posts.

 On 07/14/2010 04:21 PM, Levi Pearson wrote:
 snip
 Seriously guys, this is a USERS group.  Neither McBride nor Stallman
 would have anything useful to say about USING Linux.  One of them is
 out to make a buck, and happened to end up on the wrong side of a
 lawsuit.  The other is the leader of a social/political movement, and
 seems to be only really interested in advocating that movement.
 snip

 One of the roles of an open source software users group is to educate users 
 on the rights open source gives them, thereby helping them to value those 
 rights. An open license has value that can be compelling even when the 
 software is not necessarily the best technical fit.

 At my current job, our marketing team recently surveyed our customers to 
 determine why they selected our open source software over proprietary 
 alternatives. More than half of our customers listed the open source license 
 as a major reason they selected our product. Many customers reported that the 
 license played a bigger role than the technical fit of the product.

 Licenses matter, especially to an open source users group.


Yes, they do matter, and information about how to select an
appropriate license for your needs is actually a valid technical
topic.  Licenses are legal tools to specific ends, and knowing how to
use those tools and what their usage implies is important whether you
subscribe to a particular social view or not.

However, advocating social views, which is RMS's modus operandi these
days, is not the same thing as giving technical instruction/advice on
selecting a license.  Yes, there's an argument that the GPL is an
important license now and thus getting a treatise on the philosophy
behind it and a call to follow that philosophy is appropriate, and
I'll have to concede that it's a somewhat reasonable one that might
appeal to a good portion of the group.  I just don't think it's very
useful, myself.  I'd rather hear a less biased overview.

 On Saturday, July 17, 2010 15:56:31 Levi Pearson levipear...@gmail.com 
 wrote:
 snip
 What's the big deal about 'getting hijacked by powerful corporate
 interests', anyway?  It was clearly possible to write significant
 software to be released under a BSD license, because BSD did it.
 Certainly lots of noise and many heated arguments were created by the
 GPL, but I'm not convinced that it was a major factor in getting stuff
 written.
 snip

 I have often been involved in deciding what license a business should use for 
 a new software project. There are trade-offs to each license, and I like 
 Bruce Peren's advice here:

 http://itmanagement.earthweb.com/osrc/article.php/3803101/Bruce-Perens-How-Many-Open-Source-Licenses-Do-You-Need.htm

 The GPL provides some strong protections for code creators.

 * Reciprocity plays to a sense of justice

    I am not going to use my free time working on a project which will
    primarily enrich Bill Gates and his share-holders (or any other
    company).


If you're using your free time to work on a project, presumably you're
primarily enriching yourself.  If it's not personally enriching, you
probably shouldn't be doing it in your free time!  If you don't want
someone else to make money from your efforts, either don't release it,
or release it with a no-commercial-use license.  The GPL doesn't
prohibit selling software, it just obliges people who distribute
modified versions to make source available.  If you're worried about
them taking credit for your work, there are licenses that require that
credit/attribution be given to you.  In other words, I don't see how
the above description of motivations is related to a sense of justice
as much as it is related to compelling other people to do what you
want them to do with their efforts.

 * Reciprocity provides the hope of additional contributions

    When I select the GPL, I am optimistic that someone else will likeIf
    my code enough to contribute to it, and respect the license enough
    that I will benefit from their additions. The BSD provides a warm-
    fuzzy feeling that my code might help someone else, but I have no
    legal expectation that I will benefit in return.

GPL provides no expectation of benefit, only an expectation of access
to source code of changes.  There's no reason that the GPL would
compel someone to make changes that would be useful to you or in a
form you would like.  Cooperation can't be compelled by license, and
it makes business sense to cooperate outside of license compulsion.  I
don't think the GPL was required to bring about this understanding,
but that's certainly debatable.


 * Share-alike creates more open code

    The legal obligation of reciprocity can act as a multiplier on hobby
    code contributions, because corporations that want to improve the code
    have additional reasons to persuade management to 

Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Jon Jensen
On Tue, 20 Jul 2010, Levi Pearson wrote:

 Giving up the right to not distribute parts of your source code is a 
 pretty significant right to give up for some pretty dubious 'protection' 
 offered by the GPL.

It's not clear to me what you're saying here. What about the GPL would 
cause one to give up the right to not distribute parts of your source 
code?

Jon

-- 
Jon Jensen
End Point Corporation
http://www.endpoint.com/

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Tod Hansmann


On 7/20/2010 7:23 PM, Jon Jensen wrote:
 On Tue, 20 Jul 2010, Levi Pearson wrote:


 Giving up the right to not distribute parts of your source code is a
 pretty significant right to give up for some pretty dubious 'protection'
 offered by the GPL.
  
 It's not clear to me what you're saying here. What about the GPL would
 cause one to give up the right to not distribute parts of your source
 code?

 Jon


You can't release part of a project under GPL, and if you do release it 
under GPL, you give up the right to keep some of your code to yourself.  
At least, I believe that's what he's saying.

-Tod Hansmann

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GPL worldview WAS Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Richard Esplin
Responses are inline.

On Tuesday, July 20, 2010 19:14:43 Levi Pearson levipear...@gmail.com wrote:
snip
  The GPL provides some strong protections for code creators.
 
  * Reciprocity plays to a sense of justice
 
 I am not going to use my free time working on a project which will
 primarily enrich Bill Gates and his share-holders (or any other
 company).
 
 
 If you're using your free time to work on a project, presumably you're
 primarily enriching yourself.  If it's not personally enriching, you
 probably shouldn't be doing it in your free time!  If you don't want
 someone else to make money from your efforts, either don't release it,
 or release it with a no-commercial-use license.  The GPL doesn't
 prohibit selling software, it just obliges people who distribute
 modified versions to make source available.  If you're worried about
 them taking credit for your work, there are licenses that require that
 credit/attribution be given to you.  In other words, I don't see how
 the above description of motivations is related to a sense of justice
 as much as it is related to compelling other people to do what you
 want them to do with their efforts.

Personal enrichment is only one motivation for contributing to a software 
project. From the perspective of what is best for the open source ecosystem, it 
is perhaps one of the less valuable motivations.

You are miss-characterizing the primary motivation. For people like me, the 
point is to maximize social good. The worry is not commercial use or 
miss-attribution. The point is to build something that would have economic 
value, and give it away for free because it will benefit others. Asking those 
who want to benefit from my work to contribute back their changes seems like a 
just request. Letting others leverage the economic value of my contribution 
without giving anything in return appears unjust.

  * Reciprocity provides the hope of additional contributions
 
 When I select the GPL, I am optimistic that someone else will likeIf
 my code enough to contribute to it, and respect the license enough
 that I will benefit from their additions. The BSD provides a warm-
 fuzzy feeling that my code might help someone else, but I have no
 legal expectation that I will benefit in return.
 
 GPL provides no expectation of benefit, only an expectation of access
 to source code of changes.  There's no reason that the GPL would
 compel someone to make changes that would be useful to you or in a
 form you would like.  Cooperation can't be compelled by license, and
 it makes business sense to cooperate outside of license compulsion.  I
 don't think the GPL was required to bring about this understanding,
 but that's certainly debatable.

In legal terms, having an expectation of access to source code of derived works 
is a benefit with economic value.

Though not preferable, cooperation can be compelled by license. Look at the 
Linksys WRT54G experience. It is true that it is preferable to cooperate 
outside of license compulsion, but the GPL encourages such cooperation by 
creating a level playing field with clearly defined legal expectations. This 
allows competitors to cooperate while avoiding the free-rider problem.

In a competitive free-market economy, it is too risky to cooperate without some 
legal agreement. The Apache Project and the Eclipse Foundation provide the 
legal basis of cooperation through the legal agreements of their governing 
boards. I personally think the software license is a lower bandwidth way of 
defining the terms of the cooperation.

  * Share-alike creates more open code
 
 The legal obligation of reciprocity can act as a multiplier on hobby
 code contributions, because corporations that want to improve the code
 have additional reasons to persuade management to release their
 improvements.
 
 At two different companies, I have been able to release improvements
 to open source code because the project we wanted to use was licensed
 under the GPL. If it had been BSD licensed, that code would be rotting
 on some small team within the companies.
 
 The programmers who produced that code were not paid to create it,
 but they benefit from my team being paid to improve it.
 
 I have worked with companies that were extremely hesitant to touch
 anything GPL-related due to worries about license contamination of
 important IP.  They would not release source related to that IP under
 a free license under any circumstance, though they might find it
 useful to cooperate with others on non-core software.  GPL would
 prevent that non-core cooperation due to the worry of being forced to
 release core IP.  The open source projects I have contributed to are
 things that we would have contributed to regardless of license,
 because cooperation was one of the goals from the beginning.

Companies who do not want to disclose their improvements to GPL code should not 
be using that code. 

Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Jon Jensen
On Tue, 20 Jul 2010, Tod Hansmann wrote:

 You can't release part of a project under GPL, and if you do release it 
 under GPL, you give up the right to keep some of your code to yourself. 
 At least, I believe that's what he's saying.

There is nothing in the GPL that says you must distribute any code you 
write that is derivative of GPL'd code, if you don't distribute it.

If you distribute code derivative of GPL'd code, then it must be licensed 
under the GPL. But you don't have to distribute it.

For example, a company can make internal modifications to Linux and is 
under no obligation to distribute them or tell anyone anywhere about it. I 
believe internal copying within a company is not considered distribution 
under copyright law due to the idea of corporate personhood.

However, if they do distribute the code to others, whether in exchange for 
money or not, it must be licensed under the GPL to comply with the GPL 
license of the code they're building upon. Otherwise, they have no license 
to use that copyrighted original code.

One option that occasionally is used: You can get permission from the 
original copyright holder to use their code under another license than the 
GPL, maybe for free because they like you, or in exchange for money or 
other valuables.

This is all just a reflection of the fact that under current copyright 
law, all creative works are presumed copyrighted by their creator by 
default, and the only thing that makes it legal for another party to copy 
the copyrighted work (except for fair use etc.) is permission, whether 
through a stock license like the GPL, or personal permission.

Jon

-- 
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http://www.endpoint.com/

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 7:32 PM, Tod Hansmann t...@todandlorna.com wrote:
 On 7/20/2010 7:23 PM, Jon Jensen wrote:
 On Tue, 20 Jul 2010, Levi Pearson wrote:


 Giving up the right to not distribute parts of your source code is a
 pretty significant right to give up for some pretty dubious 'protection'
 offered by the GPL.

 It's not clear to me what you're saying here. What about the GPL would
 cause one to give up the right to not distribute parts of your source
 code?

 Jon


 You can't release part of a project under GPL, and if you do release it
 under GPL, you give up the right to keep some of your code to yourself.
 At least, I believe that's what he's saying.

Yes, that's it.  If there's a chunk of your code that's linked to the
rest that you want to keep private, for whatever reason, you cannot
use the GPL with the rest of your code.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Stuart Jansen
On Tue, 2010-07-20 at 20:35 -0600, Levi Pearson wrote:
 Yes, that's it.  If there's a chunk of your code that's linked to the
 rest that you want to keep private, for whatever reason, you cannot
 use the GPL with the rest of your code.

Not entirely true. If you control the copyright on all of the code, you
can do whatever you want. That's what makes dual licensing possible, and
one of the reason some companies insist on copyright assignment before
accepting contributions. Of course, if you depend on someone else's
GPL'd code, you don't control the copyright of all the code and are
therefore subject to the GPL.

You'd get PR flack for releasing a crippled project, but you can do it.
The GPL can't dictate terms to the copyright holder.


-- 
Stuart Jansen sjan...@buscaluz.org


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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 8:34 PM, Jon Jensen j...@endpoint.com wrote:
 On Tue, 20 Jul 2010, Tod Hansmann wrote:

 You can't release part of a project under GPL, and if you do release it
 under GPL, you give up the right to keep some of your code to yourself.
 At least, I believe that's what he's saying.

 There is nothing in the GPL that says you must distribute any code you
 write that is derivative of GPL'd code, if you don't distribute it.

 If you distribute code derivative of GPL'd code, then it must be licensed
 under the GPL. But you don't have to distribute it.

This is true, though you might make the GPL software's authors mad if
they find out about it.  I was assuming that we were talking about
code that was to be distributed, since otherwise you don't have to
license your code at all.

 This is all just a reflection of the fact that under current copyright
 law, all creative works are presumed copyrighted by their creator by
 default, and the only thing that makes it legal for another party to copy
 the copyrighted work (except for fair use etc.) is permission, whether
 through a stock license like the GPL, or personal permission.

Yes, but you can license your software to grant permission to use,
copy, modify, and redistribute it without preaching to people about
rights and freedoms and whatnot, and without forcing them to open any
software they might link with yours.

--Levi

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GPL does not tie your hands necessarily - Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Michael Torrie
On 07/20/2010 08:35 PM, Levi Pearson wrote:
 Yes, that's it.  If there's a chunk of your code that's linked to the
 rest that you want to keep private, for whatever reason, you cannot
 use the GPL with the rest of your code.

It pains me to see misunderstanding of the GPL and how it works.

If your wrote *all* the code yourself, you absolutely can release only
part of it under the GPL.  Most projects tend to have a written
exception clause to the GPL, but that is not strictly required.  It's
your code; you can license it anyway you want.  So I could write a
program with a closed-source plugin, and release everything but the
plugin under the GPL.  Any derivatives of my code must be GPL, since
that's the license I specified.  My having a closed module in no way
changes that.  Derivatives of your program (the GPL'd part) could or
could not ship a closed module, depending on exceptions that you as the
copyright holder make and append to your license.  See the Linux
Kernel's license, or GCC's license for exceptions to the GPL that are
allowed for.

On the other hand, if I made a derivative of some GPL's project and then
wanted to also ship a closed module for use with that, then you
obviously cannot, because that would violate the terms that someone else
(who owns the copyright on the code) dictated.  You could, of course,
get the copyright owner to grant an exception for your closed module.
In this case, if the GPL doesn't work for you, write your own code,
negotiate a different license with the copyright holder, or find some
other code whose license works for you.

I hope that makes sense.  Copyright and licenses are not magical.
Nothing is *automatic*.  Certainly in the case of the GPL, the license
is there to ensure the freedom of the *developer* first.  The end user
is of course always free, provided he does not distribute, as the GPL
does not require the end user to agree to anything to use GPL'd
software.  Just try to use Java on a nuclear submarine...

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Stuart Jansen
On Tue, 2010-07-20 at 20:50 -0600, Levi Pearson wrote:
 Yes, but you can license your software to grant permission to use,
 copy, modify, and redistribute it without preaching to people about
 rights and freedoms and whatnot, and without forcing them to open any
 software they might link with yours.

Clearly you need a short, overweight, bearded, unwashed man to visit you
at 5am and discuss software licensing in depth.

My co-workers probably won't be happy to discover I've decided to stop
showering, but... we all have to make sacrifices. See you in a week.

-- 
Stuart Jansen sjan...@buscaluz.org

P.S. Will you supply the donuts or should I?


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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 8:49 PM, Stuart Jansen sjan...@buscaluz.org wrote:
 On Tue, 2010-07-20 at 20:35 -0600, Levi Pearson wrote:
 Yes, that's it.  If there's a chunk of your code that's linked to the
 rest that you want to keep private, for whatever reason, you cannot
 use the GPL with the rest of your code.

 Not entirely true. If you control the copyright on all of the code, you
 can do whatever you want. That's what makes dual licensing possible, and
 one of the reason some companies insist on copyright assignment before
 accepting contributions. Of course, if you depend on someone else's
 GPL'd code, you don't control the copyright of all the code and are
 therefore subject to the GPL.

That's a good point, and a valid way to work around the problem if you
don't want/need to take advantage of any GPL libraries you don't own
the copyright to in the non-private portions.  The GPL just creates
what seems sometimes like a minefield for those who want to keep some
things private.  That's the intention of it, really.  I think it makes
more sense in this case to just use a permissive license.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Stuart Jansen
On Tue, 2010-07-20 at 21:11 -0600, Levi Pearson wrote:
 The GPL just creates what seems sometimes like a minefield for those
 who want to keep some things private.  That's the intention of it,
 really.  I think it makes more sense in this case to just use a
 permissive license.

Dude, that's like arguing: The DMZ is preventing the reintegration of
Korea, we should just let the North invade the South and the conflict
will be ended.




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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Michael Torrie
On 07/20/2010 09:11 PM, Levi Pearson wrote:
 The GPL just creates what seems sometimes like a minefield for those
 who want to keep some things private.  That's the intention of it,
 really.  I think it makes more sense in this case to just use a
 permissive license.

*Any* third-party code license can lead to a minefield for developers.
In short, if you don't know how each and every pieces of third party
code you are using is licensed and how it affects how you intend to
license your code, you are in trouble. This is true in the regular,
proprietary world, or in the open source world.

Course if everyone used the GPL there'd be no problem. :)

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Re: GPL worldview WAS Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Michael Torrie
On 07/20/2010 08:21 PM, Richard Esplin wrote:
 Personal enrichment is only one motivation for contributing to a
 software project. From the perspective of what is best for the open
 source ecosystem, it is perhaps one of the less valuable
 motivations.

In fact, IBM contributes to GPL'd software precisely for *commercial*
reasons.  In IBM's mind, contributing to GPLd software like the Linux
kernel helps them make money by having a stronger, more viable platform.
 The GPL levels the playing field.  IBM's contributions can't be used
against them, as they could be with a BSD license.  Linux gets better
for everyone.

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Jon Jensen
On Tue, 20 Jul 2010, Levi Pearson wrote:

 Yes, but you can license your software to grant permission to use, copy, 
 modify, and redistribute it without preaching to people about rights and 
 freedoms and whatnot, and without forcing them to open any software they 
 might link with yours.

Yes, that's certainly an option.

We should just remember that everyone whether they go out of their way to 
assert it or not denies the freedom to use, copy, modify, and redistribute 
anything they write unless they go out of their way to grant those 
permissions to others.

So the GPL may seem draconian, but if you had to specifically claim all 
the rights that copyright law gives you, you'd sound pretty preachy and 
fussy about rights and whatnot. I think in light of the new default 
everything is copyrighted by default legal situation (only since 1976 in 
the U.S.) the GPL is still pretty friendly.

In other words, I don't see the more liberal licenses such as BSD or MIT 
being on any higher moral ground, or freer, than the GPL. They just have 
different tradeoffs.

Jon

-- 
Jon Jensen
End Point Corporation
http://www.endpoint.com/

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Stuart Jansen
On Tue, 2010-07-20 at 21:35 -0600, Michael Torrie wrote:
 Course if everyone used the GPL there'd be no problem. :)

By that logic, the DBADL is also a viable option.

http://philsturgeon.co.uk/code/dbad-license


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Re: GPL does not tie your hands necessarily - Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 8:53 PM, Michael Torrie torr...@gmail.com wrote:
 On 07/20/2010 08:35 PM, Levi Pearson wrote:
 Yes, that's it.  If there's a chunk of your code that's linked to the
 rest that you want to keep private, for whatever reason, you cannot
 use the GPL with the rest of your code.

 It pains me to see misunderstanding of the GPL and how it works.

It was not so much a misunderstanding as an oversimplification with
hidden assumptions, but your clarification is good information.

 If your wrote *all* the code yourself, you absolutely can release only
 part of it under the GPL.

Yes, but that negates the power of using open source building blocks.
I assumed some other copyright holders in the mix, either from the
beginning or from accepting contributions under the GPL without
copyright reassignment.

 Most projects tend to have a written
 exception clause to the GPL, but that is not strictly required.  It's
 your code; you can license it anyway you want.  So I could write a
 program with a closed-source plugin, and release everything but the
 plugin under the GPL.  Any derivatives of my code must be GPL, since
 that's the license I specified.  My having a closed module in no way
 changes that.  Derivatives of your program (the GPL'd part) could or
 could not ship a closed module, depending on exceptions that you as the
 copyright holder make and append to your license.  See the Linux
 Kernel's license, or GCC's license for exceptions to the GPL that are
 allowed for.

Yes, but that's GPL-with-exceptions, not vanilla GPL.  Structuring
things correctly and coming up with the necessary exceptions and all
that seem needlessly complicated to me.

 On the other hand, if I made a derivative of some GPL's project and then
 wanted to also ship a closed module for use with that, then you
 obviously cannot, because that would violate the terms that someone else
 (who owns the copyright on the code) dictated.  You could, of course,
 get the copyright owner to grant an exception for your closed module.
 In this case, if the GPL doesn't work for you, write your own code,
 negotiate a different license with the copyright holder, or find some
 other code whose license works for you.

I don't think most sizeable GPL works have a single copyright holder,
unless they were set up in advance with the intention of providing
alternate licenses as well.  This makes a vast amount of otherwise
useful software not very useful at all in some situations, even if
you're willing to pay.

 I hope that makes sense.  Copyright and licenses are not magical.
 Nothing is *automatic*.  Certainly in the case of the GPL, the license
 is there to ensure the freedom of the *developer* first.  The end user
 is of course always free, provided he does not distribute, as the GPL
 does not require the end user to agree to anything to use GPL'd
 software.  Just try to use Java on a nuclear submarine...

It doesn't seem to me that the GPL is about ensuring the freedom of
the developer, unless of course you mean contributors other than the
initial author.  Indeed, the preamble states that the purpose is to
allow people who receive the program to access the source code, make
modifications, and re-distribute it.  The initial author already has
the freedom to do these things.  You could say it grants the freedom
to not have the code incorporated into a non-free system, but that's a
pretty odd way to frame what it does.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 9:41 PM, Jon Jensen j...@endpoint.com wrote:
 On Tue, 20 Jul 2010, Levi Pearson wrote:

 So the GPL may seem draconian, but if you had to specifically claim all
 the rights that copyright law gives you, you'd sound pretty preachy and
 fussy about rights and whatnot. I think in light of the new default
 everything is copyrighted by default legal situation (only since 1976 in
 the U.S.) the GPL is still pretty friendly.

 In other words, I don't see the more liberal licenses such as BSD or MIT
 being on any higher moral ground, or freer, than the GPL. They just have
 different tradeoffs.

Except that 'more liberal' literally means more free. :)  I get your
point, though, and that's what I said at the beginning of this.  I
don't care for the social movement surrounding the GPL, and I would
rather attend a presentation on technical topics than on Free Software
evangelism.

As a document granting specific rights, the GPL is a useful tool in
some circumstances.  As a literary work, it reads like the love child
of a missionary tract and a regular software license.  I don't
generally like its tradeoffs or its style, though I will concede that
it has served a useful purpose.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Tod Hansmann
On 7/20/2010 9:42 PM, Stuart Jansen wrote:
 On Tue, 2010-07-20 at 21:35 -0600, Michael Torrie wrote:

 Course if everyone used the GPL there'd be no problem. :)
  
 By that logic, the DBADL is also a viable option.

 http://philsturgeon.co.uk/code/dbad-license



I wrote this license once, and have some code under it.  I like it 
better than the GPL.  YMMV (It's essentially the WTF license, but more 
professional, no swearing).  It works for art and other content as well!

-Tod Hansmann

Any entity is permitted to copy, redistribute, or modify the accompanying
work for any reason whatsoever with no conditions except the condition
below and under any new license.  Do what you want, but don't blame me.

THIS WORK IS PROVIDED BY THE AUTHOR(S) 'AS IS' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR(S) BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF 
THIS
WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Jon Jensen
On Tue, 20 Jul 2010, Levi Pearson wrote:

 In other words, I don't see the more liberal licenses such as BSD or 
 MIT being on any higher moral ground, or freer, than the GPL. They just 
 have different tradeoffs.

 Except that 'more liberal' literally means more free. :)

Yes, the BSD and MIT licenses are more liberal about what they allow the 
end user to do.

But the GPL is counterintuitively more liberal about what it gives the 
community, using copyright law in a nontraditional way.

If the law itself were more liberal, there'd be no need for either.

 I get your point, though, and that's what I said at the beginning of 
 this.  I don't care for the social movement surrounding the GPL, and I 
 would rather attend a presentation on technical topics than on Free 
 Software evangelism.

Sure. Point taken.

I think many of us see value in discussing the freedom aspect of the free 
software movement, and consider it irresponsible not to expose newcomers 
to the community about it. Many of us have been on this list for a very 
long time, and to us the topics are well-worn and mostly understood 
(though not entirely, as tonight's discussion shows). But to newcomers, 
they deserve to hear it from the FSF perspective as well as the Open 
Source crowd and wherever else. If you already know that, of course it 
makes sense to have less interest.

The Business Software Alliance, the MPAA, the RIAA, and others make sure 
the proprietary mindset is widely preached, so I see no need to give them 
an additional venue to spread their doctrine. (In which class I presume 
some of the people who don't want to hear from Darl McBride are putting 
him.)

Jon

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Aaron Toponce
On 07/20/2010 08:34 PM, Jon Jensen wrote:
 There is nothing in the GPL that says you must distribute any code you 
 write that is derivative of GPL'd code, if you don't distribute it.
 
 If you distribute code derivative of GPL'd code, then it must be licensed 
 under the GPL. But you don't have to distribute it.
 
 For example, a company can make internal modifications to Linux and is 
 under no obligation to distribute them or tell anyone anywhere about it. I 
 believe internal copying within a company is not considered distribution 
 under copyright law due to the idea of corporate personhood.

I'm surprised this hasn't been brought up, so I'll mention it.

Google keeps an internal proprietary derivative of Ubuntu on their
employee workstations. They have never released this Goobuntu to the
wild, and as such are under no obligation to release their changes. Even
if the code is GPL.

http://en.wikipedia.org/wiki/Goobuntu

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Re: Rchard Stallman vs Darl McBride

2010-07-20 Thread Levi Pearson
On Tue, Jul 20, 2010 at 10:54 PM, Jon Jensen j...@endpoint.com wrote:
 On Tue, 20 Jul 2010, Levi Pearson wrote:

 If the law itself were more liberal, there'd be no need for either.


I'm not sure how you could end up with the sort of requirements the
GPL has without explicitly stating them in a license.  If there's no
implicit copyright to creative works, then if you publish them, anyone
can modify them and not share the modifications.  I guess if the law
required all software to have source freely available to those it is
distributed to and did not provide copyright provisions for software
or allow licenses , that would do it, but that seems awfully unlikely
and I'm not sure I'd call it 'more liberal'.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-19 Thread Chris
On Sat, Jul 17, 2010 at 3:33 PM, Stuart Jansen sjan...@buscaluz.org wrote:

 Lucky timing might have given Linux a boost, but it
 doesn't explain why none of the BSDs could retake the lead despite
 having arguably better technology at times.


Linux leads OS X in terms of market share or installed base?

By what degree, and when did this happen?

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Alternate History (was Re: Rchard Stallman vs Darl McBride)

2010-07-19 Thread Levi Pearson
Stuart Jansen sjan...@buscaluz.org writes:

 On Fri, 2010-07-16 at 11:43 -0600, Roger Brown wrote:
 I agree, if it wasn't for the ATT lawsuit we would probably all be
 running some BSD flavor today.

 *sigh* I'm tired of this meme. It should have died years ago.

 Attributing the success of the Linux kernel to lucky timing is myopic.


So, I recently saw an interview with Linus from '93 or so, in which he
said that if 386BSD had been released a year or two earlier, he probably
wouldn't have created Linux at all.  That would, however, have left RMS
and the GNU crew still looking for a kernel.  I wonder how that would
have played out?

Maybe the HURD guys would have had some serious pressure to actually get
a system working, and we'd have ended up with BSD and GNU HURD as free
UNIX-style OS alternatives.  Would the GPL have fostered the same
community without Linus and his kernel development style?  Would
BSD-derivatives have become what Linux is today, or would HURD have
grown to the same stature?

One interesting factoid is that the initial HURD architect said that
their initial plan was to base their kernel on the 4.4BSD-Lite kernel.
In that case (and this may have been early enough to preempt Linus from
writing Linux, too) we really would all be running at least a descendant
of a BSD system, even if it may not have been easily recognizable as
one.  RMS screwed that one up, though, by making the call to go with
Mach instead, over the objections of said architect.

Anyway, although the success of the Linux kernel can't be solely
attributed to lucky timing, the fact that it came into existence at all
can be.  There were a number of other options poised to take off, and
had Linux never arrived, at least some of us would probably be running
one of them now.  What the software landscape would look like in that
case is pretty hard to predict, though.

--Levi




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Re: Rchard Stallman vs Darl McBride

2010-07-19 Thread Stuart Jansen
On Mon, 2010-07-19 at 00:28 -0600, Chris wrote:
 On Sat, Jul 17, 2010 at 3:33 PM, Stuart Jansen sjan...@buscaluz.org wrote:
 
  Lucky timing might have given Linux a boost, but it
  doesn't explain why none of the BSDs could retake the lead despite
  having arguably better technology at times.
 
 
 Linux leads OS X in terms of market share or installed base?
 
 By what degree, and when did this happen?

Oh come off it, Mac OS X is hardly a BSD.


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Re: Rchard Stallman vs Darl McBride

2010-07-17 Thread Stuart Jansen
On Fri, 2010-07-16 at 11:43 -0600, Roger Brown wrote:
 I agree, if it wasn't for the ATT lawsuit we would probably all be
 running some BSD flavor today.

*sigh* I'm tired of this meme. It should have died years ago.

Attributing the success of the Linux kernel to lucky timing is myopic.

It ignores the importance of the GPL in encouraging contributions during
a time when many people didn't userstand F/OSS development or believe
that it was possible to write significant software under a BSD license
without it getting hijacked by powerful corporate interests.

It ignore the disadvantages to BSD's more heavy weight and bureaucratic
approach to coordination. Perhaps Linus Torvald's greatest contribution
is not Linux or git but demonstrating that large software projects can
be loosely coordinated, innovate quickly, and still maintain an
impressive quality level.

(In fact, it's starting to look like the Linux development model is the
only viable model for very large projects to achieve success. Remember
the train wreck that was Vista? Microsoft attributed much of their
failure to too much project coordination overhead. There response was
increased decentralization, producing marked improvement in Windows 7.)

Let's not forget that Linux has gone through periods of significant
growing pain. Anyone remember the shameful early days of the 2.4 kernel?
If ever there were a time for one of the BSDs to step up and replace
Linux, that was it. Lucky timing might have given Linux a boost, but it
doesn't explain why none of the BSDs could retake the lead despite
having arguably better technology at times.

-- 
Stuart Jansen sjan...@buscaluz.org


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Re: Rchard Stallman vs Darl McBride

2010-07-17 Thread Stuart Jansen
On Fri, 2010-07-16 at 16:03 -0600, Shane Hathaway wrote:
 My experience has been different.  More than a decade ago, Eric 
 Raymond's papers convinced me to try something beyond Windows/Mac and 
 take a serious look at Linux.  I had to be convinced that free software 
 and the people behind it were worth my time.  Raymond's perspective made 
 sense to me; Stallman's did not.
 
 So I think Raymond's writings were very valuable for inviting new people 
 like me into the existing hacker culture.  Consider yourself lucky that 
 you were already part of that culture.

Both ESR and RMS played important parts in informing my software
politics. But it bugs me that both act like they represent me and
everyone else in the community (whatever that means). I hope I don't
sound too conceited when I say I've outgrown them. Both have played
valuable roles, but their propaganda is too narrow. It hints and
reality, but does not describe it.

Bottom line: I respect both of them, but ESR does not represent me and
neither does RMS.

-- 
Stuart Jansen sjan...@buscaluz.org


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Re: Rchard Stallman vs Darl McBride

2010-07-17 Thread Levi Pearson
On Sat, Jul 17, 2010 at 3:33 PM, Stuart Jansen sjan...@buscaluz.org wrote:
 On Fri, 2010-07-16 at 11:43 -0600, Roger Brown wrote:
 I agree, if it wasn't for the ATT lawsuit we would probably all be
 running some BSD flavor today.

 *sigh* I'm tired of this meme. It should have died years ago.

 Attributing the success of the Linux kernel to lucky timing is myopic.

 It ignores the importance of the GPL in encouraging contributions during
 a time when many people didn't userstand F/OSS development or believe
 that it was possible to write significant software under a BSD license
 without it getting hijacked by powerful corporate interests.

What's the big deal about 'getting hijacked by powerful corporate
interests', anyway?  It was clearly possible to write significant
software to be released under a BSD license, because BSD did it.
Certainly lots of noise and many heated arguments were created by the
GPL, but I'm not convinced that it was a major factor in getting stuff
written.

 It ignore the disadvantages to BSD's more heavy weight and bureaucratic
 approach to coordination. Perhaps Linus Torvald's greatest contribution
 is not Linux or git but demonstrating that large software projects can
 be loosely coordinated, innovate quickly, and still maintain an
 impressive quality level.

I'll have to agree with you that the development model for Linux ended
up being a major source of its success, but I don't think it has
anything to do with the license.  I can easily imagine an alternate
future where GNU didn't exist, Linux was BSD licensed, and the
userland tools were all forks or rewrites of BSD tools.  I think for
the majority of people involved, the point was to have a working,
hackable, no-cost UNIX system.  The details of licenses were a
sideline issue brought to the forefront by RMS and the BSD lawsuit.

 (In fact, it's starting to look like the Linux development model is the
 only viable model for very large projects to achieve success. Remember
 the train wreck that was Vista? Microsoft attributed much of their
 failure to too much project coordination overhead. There response was
 increased decentralization, producing marked improvement in Windows 7.)

It also helped that Windows 7 was largely a refinement of Vista,
rather than another major rewrite.  There are some serious downsides
to the Linux development model, too, but there's no doubt it's been
successful.

 Let's not forget that Linux has gone through periods of significant
 growing pain. Anyone remember the shameful early days of the 2.4 kernel?
 If ever there were a time for one of the BSDs to step up and replace
 Linux, that was it. Lucky timing might have given Linux a boost, but it
 doesn't explain why none of the BSDs could retake the lead despite
 having arguably better technology at times.

Linux and GNU would pretty much have to have been absent for BSD to
take over, but having 'been there', so to speak, I know that the time
was ripe for a free UNIX system to spread to home hobbyists.  PCs were
finally powerful enough to run them, people wanted to run them at
home, and free UNIX systems existed.  It was just time for it to
happen.


--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-17 Thread Stuart Jansen
On Sat, 2010-07-17 at 15:56 -0600, Levi Pearson wrote:
 What's the big deal about 'getting hijacked by powerful corporate
 interests', anyway?

Psychology. While some people hack purely for the love of hacking,
others depend on the terms of the GPL to ensure reciprocity. Especially
fifteen years ago when their was less social pressure to play nice with
the F/OSS community.

http://en.wikipedia.org/wiki/Reciprocity_%28social_psychology%29


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Re: Rchard Stallman vs Darl McBride

2010-07-16 Thread Roger Brown
Hi, haven't read the list email too much -- but would like to come to
a meeting sometime.

I just wanted to chime in with an amen on this comment. :)

On Thu, Jul 15, 2010 at 10:04 AM, Levi Pearson levipear...@gmail.com wrote:
 ...  The only
 reason BSD didn't take the popularity surge that Linux did was a small
 and short-lived licensing issue that existed right at the cusp of
 things.

I agree, if it wasn't for the ATT lawsuit we would probably all be
running some BSD flavor today.

I started out with the original iServer using BSD/OS and FreeBSD back
in the day.  I remember when Microsoft first bought Hotmail.com how
for a couple of years they ran it on FreeBSD because they couldn't get
it to run on Windows. :)
Yahoo used to be all FreeBSD but now it looks like only my.yahoo.com
is using it. (http://searchdns.netcraft.com/?host=yahoo.com )
And Microsoft at some point in the 90's copied code from FreeBSD for
their TCP/IP stack since the Microsoft one was sucky.

Anyway, I wish that more people were aware of or remembered to give
proper credit to the BSD core upon which the Internet was built.
FreeBSD used to power practically all of the high traffic websites
back in the 90's.

But I know this is a Linux Group and Ubuntu Linux is now my main
desktop os.  :)  Just trying to give credit where credit is due.

Thanks to those that maintain this list.  Lots of good discussion,

Roger Brown

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Re: Rchard Stallman vs Darl McBride

2010-07-16 Thread Charles Curley
On Fri, 16 Jul 2010 11:43:57 -0600
Roger Brown downtownrogbr...@gmail.com wrote:

 But I know this is a Linux Group and Ubuntu Linux is now my main
 desktop os.  :)  Just trying to give credit where credit is due.

As indeed we should.

One book that gives some of the background is Eric Steven Raymond, The
Art of Unix Programming, 2003, http://www.faqs.org/docs/artu/. It's
ESR's usual iconoclastic (pun intended) writing, but well worth it for
programmers and those who have the conceit that they can manage
programmers.

M$ used BSD code for their W9x programs as well, including ftp.exe and
route.exe. You can verify this by running strings against them and
reading the copyright notices.

-- 

Charles Curley  /\ASCII Ribbon Campaign
Looking for fine software   \ /Respect for open standards
and/or writing?  X No HTML/RTF in email
http://www.charlescurley.com/ \No M$ Word docs in email

Key fingerprint = CE5C 6645 A45A 64E4 94C0  809C FFF6 4C48 4ECD DFDB

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Re: Rchard Stallman vs Darl McBride

2010-07-16 Thread Levi Pearson
On Fri, Jul 16, 2010 at 12:16 PM, Charles Curley
charlescur...@charlescurley.com wrote:
 On Fri, 16 Jul 2010 11:43:57 -0600
 Roger Brown downtownrogbr...@gmail.com wrote:

 But I know this is a Linux Group and Ubuntu Linux is now my main
 desktop os.  :)  Just trying to give credit where credit is due.

 As indeed we should.

 One book that gives some of the background is Eric Steven Raymond, The
 Art of Unix Programming, 2003, http://www.faqs.org/docs/artu/. It's
 ESR's usual iconoclastic (pun intended) writing, but well worth it for
 programmers and those who have the conceit that they can manage
 programmers.

ESR annoys me almost as much as RMS.  At least RMS was a real hacker;
ESR is just kind of a hacker groupie with an inflated sense of
self-importance.  He's had some good ideas, he's made a few code
contributions, and he's definitely been heavily involved in the
periphery of the whole open source/free software movement, but my
point is that the 'movement' aspect of software sharing and group
development is useless and annoying.  People naturally share ideas and
help each other to work on projects.  The early history of computer
software 'hacker' culture shows this, and it worked pretty well
without huge egos, figureheads, and organized movements.  The fact
that 'users groups' and the like have existed almost as long as
computers have shows this, too.  It worked just fine before RMS and
ESR went on their crusades, and I believe we would have largely ended
up in the same place we are now without the non-technical
contributions of either of them.

If you want my idea of a hacker hero, take a look at Guy Steele.  He
was at the MIT AI Lab concurrently with RMS.  They even hacked
together on EMACS, and he designed the original command set.  He
maintained the Jargon File before ESR did, and IMHO did a much better
job.  Instead of going on to found some movement to stroke his ego or
impose his vision on everyone, however, he published important papers
in computer science and has continued to work on standardizing and
documenting programming languages, including C, Fortran, Common Lisp,
Scheme, and Java.  He's currently working on a replacement for Fortran
called Fortress, which is pretty interesting even though it's not
terribly relevant to me.  Not all of it is earth-shaking stuff, but
he's had (in my opinion, at least) a much stronger, albeit less
visible, impact on computing than either ESR or RMS.  It's guys like
him that we should be looking up to and following in the footsteps of.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-16 Thread Shane Hathaway
On 07/16/2010 01:09 PM, Levi Pearson wrote:
 ESR annoys me almost as much as RMS.  At least RMS was a real hacker;
 ESR is just kind of a hacker groupie with an inflated sense of
 self-importance.  He's had some good ideas, he's made a few code
 contributions, and he's definitely been heavily involved in the
 periphery of the whole open source/free software movement, but my
 point is that the 'movement' aspect of software sharing and group
 development is useless and annoying.  People naturally share ideas and
 help each other to work on projects.  The early history of computer
 software 'hacker' culture shows this, and it worked pretty well
 without huge egos, figureheads, and organized movements.  The fact
 that 'users groups' and the like have existed almost as long as
 computers have shows this, too.  It worked just fine before RMS and
 ESR went on their crusades, and I believe we would have largely ended
 up in the same place we are now without the non-technical
 contributions of either of them.

My experience has been different.  More than a decade ago, Eric 
Raymond's papers convinced me to try something beyond Windows/Mac and 
take a serious look at Linux.  I had to be convinced that free software 
and the people behind it were worth my time.  Raymond's perspective made 
sense to me; Stallman's did not.

So I think Raymond's writings were very valuable for inviting new people 
like me into the existing hacker culture.  Consider yourself lucky that 
you were already part of that culture.

Shane

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Rchard Stallman vs Darl McBride

2010-07-15 Thread Henry Hertz Hobbit
On 07/14/2010 04:21 PM, Levi Pearson wrote:

SNIP

 Seriously guys, this is a USERS group.  Neither McBride nor Stallman
 would have anything useful to say about USING Linux.  One of them is
 out to make a buck, and happened to end up on the wrong side of a
 lawsuit.  The other is the leader of a social/political movement, and
 seems to be only really interested in advocating that movement.

Have you had any personal interaction with Richard?  I have and
you are very wrong.  He single-handedly created the entire
movement that if it has not been done there would be no Linux for
you to use.  He also created the EMACS text editor. He also uses
Linux.  I joked to him that I would make sure that I would give
him /usr/bin/emacs for his shell.  You may disagree with his
politics but without the FSF and the Gnu Public License (GPL) you
would have no Linux OS to use.  You would also not have GnuPG which
is the free side of OpenPGP encryption that is on all Linux systems.
From the looks of it some distros are using GnuPG instead of SSL
certs now to make sure your downloads for the updates to your OS
are legitimate. I would say Stallman is front and center behind
the movement that gives you the Linux OS that you are using.

The only importance Darl McBride has for me is as an example of
how not to live your life by making an illegitimate and
unethical money grab.  In the past I was neutral about him.
The more I learn about him the less I like him.  He may be
personable enough but he strikes me as both dumb and selfish.

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Re: Rchard Stallman vs Darl McBride

2010-07-15 Thread Tod Hansmann
On 7/15/2010 3:25 AM, Henry Hertz Hobbit wrote:
 On 07/14/2010 04:21 PM, Levi Pearson wrote:

 SNIP

 Seriously guys, this is a USERS group.  Neither McBride nor Stallman
 would have anything useful to say about USING Linux.  One of them is
 out to make a buck, and happened to end up on the wrong side of a
 lawsuit.  The other is the leader of a social/political movement, and
 seems to be only really interested in advocating that movement.
  
 Have you had any personal interaction with Richard?  I have and
 you are very wrong.  He single-handedly created the entire
 movement that if it has not been done there would be no Linux for
 you to use.  He also created the EMACS text editor. He also uses
 Linux.  I joked to him that I would make sure that I would give
 him /usr/bin/emacs for his shell.  You may disagree with his
 politics but without the FSF and the Gnu Public License (GPL) you
 would have no Linux OS to use.  You would also not have GnuPG which
 is the free side of OpenPGP encryption that is on all Linux systems.
  From the looks of it some distros are using GnuPG instead of SSL
 certs now to make sure your downloads for the updates to your OS
 are legitimate. I would say Stallman is front and center behind
 the movement that gives you the Linux OS that you are using.

 The only importance Darl McBride has for me is as an example of
 how not to live your life by making an illegitimate and
 unethical money grab.  In the past I was neutral about him.
 The more I learn about him the less I like him.  He may be
 personable enough but he strikes me as both dumb and selfish.


Richard Stallman would win with his GNU Lazer vision unless Darl McBride 
could use his patent infringement suit in time.  Richard's getting on in 
years, so I think it would be close.

No offense meant, unless you want to take some or something, but you're 
not exactly the forefront authority on social graces and human value in 
my mind.  Your opinion actually makes me think less of Stallman and I'm 
more intrigued by McBride.

-Tod Hansmann

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Re: Rchard Stallman vs Darl McBride

2010-07-15 Thread Levi Pearson
On Thu, Jul 15, 2010 at 3:25 AM, Henry Hertz Hobbit
hhhob...@securemecca.com wrote:
 On 07/14/2010 04:21 PM, Levi Pearson wrote:

 SNIP

 Seriously guys, this is a USERS group.  Neither McBride nor Stallman
 would have anything useful to say about USING Linux.  One of them is
 out to make a buck, and happened to end up on the wrong side of a
 lawsuit.  The other is the leader of a social/political movement, and
 seems to be only really interested in advocating that movement.

 Have you had any personal interaction with Richard?  I have and
 you are very wrong.  He single-handedly created the entire
 movement that if it has not been done there would be no Linux for
 you to use.  He also created the EMACS text editor. He also uses
 Linux.  I joked to him that I would make sure that I would give
 him /usr/bin/emacs for his shell.  You may disagree with his
 politics but without the FSF and the Gnu Public License (GPL) you
 would have no Linux OS to use.  You would also not have GnuPG which
 is the free side of OpenPGP encryption that is on all Linux systems.
 From the looks of it some distros are using GnuPG instead of SSL
 certs now to make sure your downloads for the updates to your OS
 are legitimate. I would say Stallman is front and center behind
 the movement that gives you the Linux OS that you are using.

I know very well who he is and how cool of a hacker he used to be.  He
created lots of cool stuff, and I'm really glad he did.  But sometimes
guys who created cool stuff decide they have another calling in life
and move on.  That's what RMS did.  I'm not really interested in what
he moved on to, and I don't think anything he's likely to say to a
group is going to touch on the technical aspects of using Linux today.
 I'm sure he still uses it, but that's because it's what he knows and
it's what fits his philosophy and social agenda.  Linux would exist
just fine without GNU, and if it didn't, we'd all be using
BSD-derivatives instead.  I was using Linux when it first took off,
and the world was primed for something like it to take off.  The only
reason BSD didn't take the popularity surge that Linux did was a small
and short-lived licensing issue that existed right at the cusp of
things.  I would be fine if BSD had taken off instead of Linux + GNU,
really.  We'd be largely in the same place, except maybe we'd have
fewer Free Software zealots and religious wars over licenses.

I'd love to hear him talk about his MIT AI Lab days and how the Lisp
Machines there worked.  I'd love to hear him talk about the
development of emacs and how he uses it today.  I'd love to hear about
how he was involved in developing gcc and the technical details about
how it's put together (I've actually had to fix a bad port of gcc to
an embedded platform I was using, so something like that would have
been very useful to me at one point).  I'd love to hear him talk about
any of the cool things he might have done if he hadn't dedicated his
life to lecturing and advocating about Free Software.  I really doubt
he'd talk to a group about any of that stuff.  He'd talk about Free
Software and why he believes it's so important.  That's fine that he's
passionate about that now, but I don't really care and I don't think
it's particularly relevant to helping people get stuff done with Linux
or their computers in general.

--Levi

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Re: Rchard Stallman vs Darl McBride

2010-07-15 Thread Bryan Sant
On Thu, Jul 15, 2010 at 10:04 AM, Levi Pearson levipear...@gmail.com wrote:
 I know very well who he is and how cool of a hacker he used to be.  He
 created lots of cool stuff, and I'm really glad he did.  But sometimes
 guys who created cool stuff decide they have another calling in life
 and move on.  That's what RMS did.  I'm not really interested in what
 he moved on to, and I don't think anything he's likely to say to a
 group is going to touch on the technical aspects of using Linux today.
  I'm sure he still uses it, but that's because it's what he knows and
 it's what fits his philosophy and social agenda.  Linux would exist
 just fine without GNU, and if it didn't, we'd all be using
 BSD-derivatives instead.  I was using Linux when it first took off,
 and the world was primed for something like it to take off.  The only
 reason BSD didn't take the popularity surge that Linux did was a small
 and short-lived licensing issue that existed right at the cusp of
 things.  I would be fine if BSD had taken off instead of Linux + GNU,
 really.  We'd be largely in the same place, except maybe we'd have
 fewer Free Software zealots and religious wars over licenses.

 I'd love to hear him talk about his MIT AI Lab days and how the Lisp
 Machines there worked.  I'd love to hear him talk about the
 development of emacs and how he uses it today.  I'd love to hear about
 how he was involved in developing gcc and the technical details about
 how it's put together (I've actually had to fix a bad port of gcc to
 an embedded platform I was using, so something like that would have
 been very useful to me at one point).  I'd love to hear him talk about
 any of the cool things he might have done if he hadn't dedicated his
 life to lecturing and advocating about Free Software.  I really doubt
 he'd talk to a group about any of that stuff.  He'd talk about Free
 Software and why he believes it's so important.  That's fine that he's
 passionate about that now, but I don't really care and I don't think
 it's particularly relevant to helping people get stuff done with Linux
 or their computers in general.

        --Levi

I am interested in your ideas and wish to subscribe to your newsletter.

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