GPLv3 Second Discussion Draft Released 242
thppft! writes "The second discussion draft of the GNU General Public License version 3 was released, along with the first discussion draft of the GNU Lesser General Public License. Along with the text for the licenses , the GPLv3 website also includes an introduction by Eben Moglen along with markup changes to the rationale and the GPL itself."
Some more info (Score:5, Informative)
After my submission was rejected, I figured another submission based on this story was in the queue, so I put the below links together:
Four transcripts which include the post-talk Q&A sessions from presentations by Richard Stallman and Eben Moglen:
And two very useful docs:
Re:more than diff (Score:5, Informative)
Alan Cox on GPLv3 - one other thing I should link (Score:5, Informative)
I had to forget something. Here's a transcript of comments by Alan Cox [fsfe.org].
Dear Slashdot (Score:3, Interesting)
Re:Dear Slashdot (Score:4, Funny)
Re: (Score:2)
Dear Poster (Score:2)
v3, eh? (Score:2, Funny)
Re:v3, eh? (Score:2, Funny)
What Constitutes Distribution (Score:2, Interesting)
Microsoft is alread
Re:What Constitutes Distribution (Score:5, Insightful)
Your option, if you don't like this, is not to use GPLv3 code in your webservice, just like everyone else using GPLed code. You no onger get to have your cake and eat it too.
Re:What Constitutes Distribution (Score:2, Insightful)
Re:What Constitutes Distribution (Score:2)
I disagree (Score:2)
First, I am all for sharing code, even where not obligate by law. There are sound business reasons for sharing a great deal in that it reduces maintenance overhead and helps efficiency.
However, you have a number of problems with defining distribution in such a way as to include web services.
The first is that I am not convinced that either linking or dependency necessarily implies derivation. For example, if I write code which *can* compile either against OpenSSL or GnuTLS, I am either allowed to
Re:I disagree (Score:2)
The biggest problem being that copyright law already has a definition of distribution. Running the software remotely does not count. Applets are distributed, servlets are not.
Modifying (Score:2)
There's a very big loophole here, because modifying isn't as "viral" as copying: A Web company could just outsource GPL programming to someone else, s
Re:What Constitutes Distribution (Score:2, Informative)
Works created using GPL'd software, not containing the source or object code, explicitly do NOT fall under the license. Most programming language runtimes are licensed with a special exception to allow programs to run without falling under the GPL.
Re:What Constitutes Distribution (Score:5, Informative)
Mmmmmm!!! Delicious FUD cakes! Straight from Bullshit Lane Bakeries.
The GPL has never, will never, and can never cover the generated output of any GPL'ed program. This can only occur in the mind of a poor deluded fool, such as yourself. The GPL covers only the source code, and binaries generated from the source code. Not, I repeat, not binaries generated from the binaries, or anything else they might produce.
As for a "GPL'ed programming language", I don't even know what the hell that's supposed to mean. Languages exist independantly of the programs that interpret them, in theory at least. Language symantics cannot be copyrighted anymore than mathematical relationships can.
Re:What Constitutes Distribution (Score:2)
Re:What Constitutes Distribution (Score:2, Informative)
They claimed that (and could only claim that) with regard to bison because bison is a special case: Its output includes, like any parser generator's output, a large swath of its own source code.
The FSF, however, has relicensed those parts of bison under a permissive license so that today you can use the output in any shape or form (includin
But that is what they are talking about (Score:3, Interesting)
If you have a web service and offer the output code to the public, there are those who want you to offer the source if you use GPL'd components. No taking GPL'd components and creating something inhouse and offering the results to everyone else. Fortunately I don't think this is possible without making it a EULA instead of a copyright license.
The GPL has never stopped people from making private modifications and then offering services to the public based
Re:What Constitutes Distribution (Score:2)
Although some on this board would like to make this the purpose of the GPL, it is not in this version. This version is pretty good, actually.
Re:What Constitutes Distribution-Web APIs. (Score:2)
The GPL has always been about principle, and it's never been about winning. I'm not sure I agree with the principle here, but I don't think an argument based on winning is very relevant.
Re:What Constitutes Distribution (Score:3, Insightful)
Anyway, "service" software is the least likely thing to be damaged by this. If Google open sources some web services, nob
Re:What Constitutes Distribution (Score:2)
Re:What Constitutes Distribution (Score:2)
Re:What Constitutes Distribution (Score:2)
free as in "free to shoot yourself in the foot"? (Score:2)
Re:free as in "free to shoot yourself in the foot" (Score:4, Insightful)
Commercial software companies are unable to filter every single patent in the world to make sure they are not infringing any of them, what makes you think a 2 developer team would be able to? For the GPL to require anyone to do so would be impractical...hell, to require Microsoft to do so would be impractical. The patent system is broken, and it is impossible to do what you think the GPL should require developers to do. The FSF found a balance, only requiring a ceasing of distribution once the patent holder requires it.
Do you honestly think every distributor of software, both proprietary and open source, knows every single patent in the world and whether or not they infringe it? If you do, you are incredibly naive.
Re:free as in "free to shoot yourself in the foot" (Score:2)
I agree that the patent system is broken. I also think it's dumb for the GPL (any version) to encourage any behavior other than avoiding the incorporation of any patented algorithm in GPL'd code whether the patent is held by the code writer or anyone else and without regard
Re:What Constitutes Distribution (Score:4, Insightful)
I may be an OSSer, but I have nothing against commercial code, per se. How about this?: choose the set of rules you wish to operate under. If you want to keep the code closed to make money, pay money for your code base. If you wish to use GPLed code, pay for it with GPLed code. And there's always BSD.
The GPL does not exist to promote the development of new and innovate web applications. It exists to promote the development of new and innovate code available to The People. Nor is the GPL the source of Microsoft's FUD. It is not its duty to ammeliorate it, but to oppose it.
Personally I don't really care whether you agree with it or not, but that is what the damned license is for.
KFG
Re:What Constitutes Distribution (Score:2)
If I get it, the new version puts more restrictions on combining proprietary and open source code libraries. Is this not correct? If it is, how would this affect applications/companies like MySQL? Don't they have two versions (if I am not mistaken), a GPL version and a commercial version. They are in business to make money. Will this prevent them from releasing their RDBMS for free under the GPL (or vice versa, prevent them from releasing a closed source version)? Even if MySQL might not work this way
Re:What Constitutes Distribution (Score:2)
how would this affect applications/companies like MySQL? Don't they have two versions (if I am not mistaken), a GPL version and a commercial version.
MySQL is the copyright holder, that is what gives them the right to dual license under the GPLv2 and a commercial license, and nothing in GPLv3 can take away their rights as the copyright holder to license their work as they wish.
Re:What Constitutes Distribution (Score:3, Informative)
license termination not "toothless" (Score:3, Informative)
The draft 2 clarification seems to make it better. The license says that the copyright holder has 60 days from the date of last violation to put the violator on notice. In cases of accidental violation, this means that if you fix the violation,
Re:license termination quite "toothless" (Score:2)
Re:What Constitutes Distribution (Score:5, Interesting)
I have to disagree with you on this one. I'm not convinced that transmitting the output of, say, phpBB2 is the same as distributing the source of phpBB2. If I install it and modify a page, should I be obligated to make my patch available to anyone who views that page? That's not a rhetorical question, by the way, but a real issue that the GPLv3 introduces.
The same could be said of any other GPLv3ed software that uses some kind of templating system to generate output. Word processors, code generators, database frontends, drawing programs: those all incorporate parts of themselves into their end products. Should graphics drawn with The GIMP be GPL because they contain circles made by The GIMP's copyrighted code? If not, then what's the fundamental difference between The GIMP and phpBB that should restrict the output of one and not the other?
I apologize if this comes off like a troll, but I'm really curious. I don't understand this viewpoint but would be interested in seeing it logically supported.
Re:What Constitutes Distribution (Score:2)
In the phpBB2 case you are running the code explicitly for the user to provide input from his output. In the GIMP case, you are just distributing output from the program from your own inputs.
If you came along and said "I have a service where for $20 (or free) I'll take your photograph and pass it though my handy, closed-source filter that I added onto the Gimp and then give you the
Re:What Constitutes Distribution (Score:2)
If you came along and said "I have a service where for $20 (or free) I'll take your photograph and pass it though my handy, closed-source filter that I added onto the Gimp and then give you the output" THAT would be analogous to the phpBB2 case.
No, it wouldn't.
What would be analogous would be to say "I have a service where for $20 (or free) I'll take your photograph and pass it though my handy filter I wrote (but I don't distribute) and added to the Gimp and then give you the output."
If I say "I will sell y
Re:What Constitutes Distribution (Score:3, Informative)
Applicable? (Score:2)
Re:Applicable? (Score:4, Informative)
Remember, copyright law places limitations not only on distribution, but also on modification and creation of derivitive works, even if there is no distribution of those modified works. So that is how this clause works. If you made a derivitive of Windows for internal use without Microsoft's permission, you would be infringing their copyright, unless you had a license to do so.
Re:Applicable? (Score:2)
Interesting. I can see how that makes sense, which is a lot better off than I was a minute ago. Thanks!
But don't we generally think that application of copyright law is bad / stupid / evil? Is the FSF now going to assert that I can't make FLACs of my CDs, or that I can't edit curse words out of my movies?
Re:Applicable? (Score:2)
Re: (Score:2)
Re:Applicable? (Score:2)
And where exactly did I say the GPL is defining distribution. If you would kindly re-read my comment, I am saying that it is the modication, NOT distribution, that is making the GPL kick in. In-fact, I explained pretty clearly
Re:Applicable? (Score:2)
I have looked through more of the copyright act, and am unable to find a section that says that if you don't distribute that work, it is legal. Please point me in the right direction. Thanks!
Re:Applicable? (Score:2)
Re:Applicable? (Score:2)
Re:Applicable? (Score:2)
But it doesn't include that; you're not redistributing any code. The earlier sibling post (to yours) describes what they must be thinking with this clause.
Re:Applicable? (Score:2)
Re:Applicable? (Score:2, Interesting)
So the GPL is a EULA now? Isn't that what we've been railing against for the last several years? Modification of your own copy of any work is explicitly outside the scope of copyright law. Either GPL is a license on distribution or it is an end user license. You can't say that it isn't a EULA if you add license terms that turn it into one. Anyone who says differently is kidding him/herself.
Re:Applicable? (Score:2)
Re:What Constitutes Distribution (Score:2)
While this may be reasonable in certain situations, there are cases where no distribution is involved and therefore no further copying ever takes place (the best example of this being a set of server-side scripts). In such cases the requirement to provide the source code through a special command is
Re:What Constitutes Distribution (Score:2)
Re:What Constitutes Distribution (Score:2)
Re:What Constitutes Distribution (Score:2)
Although the GPL has always covered modification, it has never covered modifications when from the act of redistribution. You were always able to make local modifications without being forced to disttribute those modifications to the public.
correction (Score:2)
Re:What Constitutes Distribution (Score:2)
Yes. I didn't see it at first (disregard my comments stating otherwise).
This draft allows additional terms in ennumerated categories including:
"4) terms that require, if a modified version of the material they cover is a work intended to interact with users through a computer network, that those users be able to obtain copies of the Corresponding Source of the work through the same network session;"
Note that this covers modified versions
Re:What Constitutes Distribution (Score:5, Informative)
The short story is that this definition of distribution (distribution is now called "conveying" in license language) has been rejected by the FSF and does not appear by default in this draft of GPL3.
The longer story: Some web services projects do want to include a link to allow users to download source, and they do want to limit server administrators from removing this capability. To appease this group, the FSF has added an optional license provision that forbids removal of such a feature. I repeat, this is an optional license feature that takes effect if and only if a given project explicitly activates it.
I suspect that you are right and that most web service providers will not want to use up resources with users downloading web service source. So, I suspect that the market will cause any such projects to diminish in popularity. The important thing to note is that the FSF is not forcing this notion of distribution on any project using the GPLv3.
On a related note, the GPLv3 drafts Section 7b contains a list of optional license restrictions (including the above mentioned restriction) that are permissible. All of these restrictions are things that the FSF does not believe are necessary to maintain a Free program, but that the FSF acknowledges won't seriously harm user freedom if individual projects choose to activate them. Mostly, this list is provided to improve the GPLv3's compatibility with other Free Software licenses which contain equivalent restrictions but are incompatible with GPLv2. This attempt at license compatibility with other Free Software licenses is a big improvement for the GPL.
Re:What Constitutes Distribution (Score:2)
Oh, joy. Now, when trying to use multiple open source projects, we can't even assume that two GPLv3 projects have compatible lic
Re:What Constitutes Distribution (Score:4, Informative)
Remember, any GPLvX code can automatically be linked to any other GPLvX code (although not necessarily to GPLvX-1 code). The allowable optional restrictions of section 7b do not impose contradictory burdens (that is, option 2 does not contradict option 3, etc) nor do they really add significant burdens to the vanilla GPLv3 (with the exception of 7.b.4 which is the web services option and the one everyone is still up in arms about). They are just minor differences in effect and the purpose of Section 7 is to allow modules with such minor licensing differences to be linked.
In fact, not only is the purpose of this section to allow you to link code under all permutations of the GPLv3, it also allows you to link GPLv3 code to various Free Software licenses that were not previously linkable due to minor wording differences or patent retaliation clauses. In fact, the controversial 7.b.4 section was to allow linking with the Affero Free Public License. The big debate should not just be whether 7.b.4 is okay, but also whether the Affero Free Public License is really a Free license.
Re:What Constitutes Distribution (Score:3, Insightful)
OK, so linking is explicitly covered. What about distribution, though? If I want to combine project Foo with project Bar to make "Super FooBar", do I have to release the result with the union of the set of their extra clauses? If so, it seems imminently likely that every piece of GPLv3ed software will eventually come to carry every extra restriction available due to its integration wi
Re:What Constitutes Distribution (Score:3, Interesting)
It may be optional, but it shouldn't even be optional. It shouldn't be there. The problem with it is that there is no answer to this question:
Assume, for a moment, that PHPBB includes such a feature and includes that restriction. What happens when I take it and add functionality? They can no longer download the source that is running. The option to download the source isn't going to give customers what's runni
Re:What Constitutes Distribution (Score:2)
Now, if you included part of PHPBBs code in your own program unmodified, then do you have to have a link to that part of the PHPBB code, or your code, or both?
Re:What Constitutes Distribution (Score:2)
Yse, and that pesky GPL is keeping me from putting proprietary magic into the kernel, which could stifle the development of new and innovative [kernel features] as the financial incentive for development would be removed.
Basicly, you can make the exact same argument for the current GPL and come to the conclusion that you should use
Re:What Constitutes Distribution (Score:2)
adding a provision that made web services considered distribution
The GPL depends on copyright to have any teeth whatsoever. It's a document that modifies the statutorily-created exclusive rights (17 USC 106). I've done a fair amount of research and briefing on what constitutes distribution in an online context (most notably, New York Times v. Tasini, 533 U.S. 483 (2001), Playboy Enterprises Inc. v. Frena, 839 F.Supp. 1552 (M.D. Fl. 1993), Agee v. Paramount Communications, Inc., 59 F.3d 317 (2d Cir. 19
GPL must close web loophole to remain relevant (Score:2)
What are the changes? (Score:4, Informative)
The other changes seem to be patching holes in the logic that might have allowed someone to get around the GPL.
Biggest Change (Score:5, Informative)
Re:Biggest Change (Score:5, Interesting)
Re:Biggest Change (Score:2)
Agreed!
Besides the fact that dubbing DRM with the propogandistic term "digital restrictions management" doesn't look particularly professional, it seems a bit inviting for people to weasal out of the conditions. "No, we don't use `digital restrictions management' anywhere in this code; only `digital rights management.'"
Similarly, by not referring to DRM by its (current) name, but rather by what it does, I think it helps to future-proof the new GPL. Suppose they kept the explicit term DRM in the language
Can't make GPL BluRay/HD-DVD players? (Score:3, Interesting)
Re:Can't make GPL BluRay/HD-DVD players? (Score:2)
What about this... (Score:5, Insightful)
So I haven't read through the entire draft just yet, but this section jumped out at me:
The Corresponding Source also includes any encryption or authorization keys necessary to install and/or execute modified versions from source code in the recommended or principal context of use, such that they can implement all the same functionality in the same range of circumstances. (For instance, if the work is a DVD player and can play certain DVDs, it must be possible for modified versions to play those DVDs. If the work communicates with an online service, it must be possible for modified versions to communicate with the same online service in the same way such that the service cannot distinguish.) (emphasis mine).
Should it really be fair to restrict some online service to have to treat all clients the same way just because one version was derived from another? Lets say I modify the source code of some browser that is covered by GPLv3. My version has some quirks that make it interpret css differently from the first browser. Would it then be illegal for a website to serve up different css based on my user agent string?
Re:What about this... (Score:2)
Re:What about this... (Score:2)
It'd be illegal to force a different UA string in the first place.
I was thinking about that. But what if the name of the original browser is trademarked and derivative works are required to call themselves something different, wouldn't that require you to use a different UA string? And what's the point of a UA string if you're not allowed to change it for different versions of a browser. Would it be illegal to allow end users to change the UA string? Are they violating the GPL by doing so?
Re:What about this... (Score:2)
Re:What about this... (Score:2)
Suppose I run, say, Apache web server on my Trusted Computer. I want to prove that it is an unhacked version for some reason. Or maybe it's a hacked version and I want to prove exactly what I did. So I publish the source code, and I use the crypto key embedded in the TPM chip to prove this is what I am running.
I think it's OK, because it falls under clause 4 or clause 5 of the GPL. These cov
Re:What about this... (Score:2)
I won't rely on that. How are you going to make sure the serve
Re:What about this... (Score:4, Informative)
The point is to prevent people from putting out GPL systems that implement DRM client-executable authentication. An example would be if the client was required to transmit a SHA1 hash of its executable image to the server, and the server then decided whether to give you the page or not based on that.
For such a system to pass the GPLv3 requirements, then the correct SHA1 hash for the version the server wants to talk to has to be included along with the source code, and the source code, when you build it, has to send that hash instead of a real hash. In other words, it has to keep working when you build your own copy, even if you change it.
This requirement basically forbids that sort of thing entirely. You can give a hash, and the server can respond to that hash, but it can't be a secret hash. This is the sort of thing DRM systems sometimes do to make sure you can't access your data. For example, games like WoW and EQ do things like this to prevent you from using a GPLed game client.
Re:What about this... (Score:3, Insightful)
Should it really be fair to restrict some online service to have to treat all clients the same way just because one version was derived from another?
Should it really be fair to limit the definition of "linking" to its use in the 1980's long before the invention of SOAP, REST, CORBA, DCOM and other network protocols (OK RPC was around back then, but limited to very simple APIs). Should it really be fair that someone can circumvent the GPL by wrapping their "internal" modified code as a webservice and exp
Re:What about this... (Score:2)
Re:What about this... (Score:2)
No. In the situation you describe, the derived work could fake its user-agent string, and in fa
Re:What about this... (Score:2)
Re:What about this... (Score:2)
Re:What about this... (Score:2)
The FSF is trying to be too clever for their own good. If the FSF had written the US Bill of RIghts it would have ended up being a twenty page document. Sometimes I seriously wonder if
Torvalds unimpressed (Score:2, Informative)
Re:Torvalds unimpressed (Score:2, Insightful)
Re:Torvalds unimpressed (Score:3, Interesting)
I owe a great deal of thanks to Linus for his contributions to the world. But he can sure be a stubborn ass from time to time.
Fight fire with fire? (Score:2, Insightful)
Opinion on ... documents available? (Score:2)
Treacherous (Score:5, Funny)
in computer hardware which deny users the possibility of running modified or alternate
programs.
It looks like they had RMS personally writing the footnotes for this one.
Re:Microsoft doesn't need to do anything... (Score:2, Informative)
Re:Microsoft doesn't need to do anything... (Score:4, Informative)
Re:Microsoft doesn't need to do anything... (Score:2)
Re:Microsoft doesn't need to do anything... (Score:5, Insightful)
As for the anti-patent stuff, please explain how YOU would word the license to allow people to distribute works covered by others' patents to all third-parties, royalty free, while giving them the right to do the same. It's simply impossible if the patent holder required royalties, the patent license and GPL would conflict.
I love when people don't RTFA, and make themselves look like idiots in the process.
Re:Microsoft doesn't need to do anything... (Score:2)
Re: (Score:2)
Re:Microsoft doesn't need to do anything... (Score:2)
The FSF deludes itself into thinking that restrictions are necessary for freedom, but that is because they do not understand what it is. They think freedom is about controlling the code they wrote even after they have given it away. They think it is about telling the user what he can or cannot do.