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Greg Ewing wrote:
> Jan Ciger wrote:
>> Compared to v2 that tried to deal only with issues of distribution and
>> copying, v3 tries to go into restricting certain uses
> 
> But the GPL has always been about restricting uses. If it
> weren't, it wouldn't be much different from any of the
> other, more liberal open source licences.

You are wrong here. GPL gets triggered *only* by the act of
distribution, not by use. You can use a GPL-ed product in any way you
want, including commercially, without triggering any of the GPL
restrictions if you do not distribute it. Google is a stellar example of
this.

> If I were a GPL enthusiast, I would probably answer that
> you have a right to restrict your hardware however you
> want, but not necessarily to use *my* program to help
> you do it.

Well, as a hardware vendor I am not using your program to help me to
restrict my hardware - that would be IMO silly. The only concern I could
see would be if I used your product as means to sell my HW or how to
make it work (e.g. by bundling copies of it with my product), otherwise
you have no legal beef with me. I do not think that specifically Soya
falls in neither of these two categories.

>> making my HW tamper-proof ... brings me more revenue (and perhaps
>  > it is even a legal must - e.g. medical equipment!)
> 
> Tamper-proofing for reasons of safety or security is one
> thing. But doing it for the reasons that Sony or TiVo do,
> i.e. simply to lock out competitors, is kind of opposite
> to the whole spirit of free software, and it rubs the
> GPL people up the wrong way.

Right, but unfortunately the license "solves" it by a "carpet-bombing"
approach. "Kill them all, God will know his own", if I was to cite one
papal legate from the crusades. That we do not like something doesn't
mean it should be made illegal to do so.

> Personally I think the whole GPL business is more trouble
> than it's worth, and I prefer to use much less restrictive
> licences for what I release. But I can understand the GPL
> community's point of view -- they're trying to operate a
> gift economy, and they see someone who only takes gifts
> and never gives any back as being parasitical.

I think  that this tit-for-tat view is what most people take from GPL,
but that isn't what it was about. It is *not* a "gift economy" - selling
free software is perfectly OK and the whole deal is not about price but
about the freedoms as defined in here:
http://www.gnu.org/philosophy/philosophy.html

I think that the concept of a "gift economy" and such is confusing the
consequences with the cause is in my personal opinion the leading cause
for most GPL-related problems. People use GPL to restrict commercial use
and then they are surprised to discover companies happily (and legally!)
selling their products. People use GPL to enforce the "tit-for-tat"
contributions, just to discover companies like Google to profit
immensely from GPL-ed work, without really contributing their changes
back. This leads to a lot of unhappy people and calls for GPL revisions,
but I think that the problem is that they chose a wrong license to begin
with or didn't understand all the consequences of it. GPL was not
intended to prevent those uses and if that is what they want, they
should have chosen a different license.

Regards,

Jan
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