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The Almighty Buck Software Linux

GPL 3.0 to Penalize Google, Amazon? 582

Michael Ferris writes "Is this the start of a shakedown by the GNU folks? Michael Singer writes that Eben Moglen and the folks rewriting the GPL are looking at a proposal where companies would be required to pay money if they use GPLed software, even if they don't redistribute the software." From the article: "The current version of the GPL, which was last updated in 1991, fails to trigger the open source license if a company alters the code, but does not distribute its software through a CD or floppy disk...the [current] rule does not apply to companies that distribute software as a service, such as Google and eBay, or even dual-license companies like Sleepycat."
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GPL 3.0 to Penalize Google, Amazon?

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  • by caluml ( 551744 ) <slashdot@spamgoe ... minus herbivore> on Friday April 08, 2005 @06:58PM (#12181803) Homepage
    If I am ever to write something worthy of releasing to the world (and not just something I am playing around with), I will explicitly specify which version of the GPL I am releasing it under.
    Call me paranoid, but I wouldn't want even the faintest chance that some nasty corporation managed to litigate itself in the position of being able to release a future GPL version, as in bold below:

    This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

    That's handing control of the licencing of your code over to whoever is allowed to write GPLv1851, if I'm reading it correctly.
  • They deliver HTML. (Score:5, Insightful)

    by The Amazing Fish Boy ( 863897 ) on Friday April 08, 2005 @06:58PM (#12181806) Homepage Journal
    the [current] rule does not apply to companies that distribute software as a service, such as Google and eBay

    Google and eBay distribute HTML. That HTML is created by software that uses GPL code. So if I modify a GPL Office Suite, would I have to distribute the code if I email someone a document I made with it? Seems like a bad idea, in general.

    I guess people could fork the GPL2.0'd code if the software developers switched to GPL 3.0
  • by dtolton ( 162216 ) * on Friday April 08, 2005 @06:59PM (#12181815) Homepage
    I think requiring companies to pay is a big time mistake, and to me, it
    hails back to the days of the old BSD style licenses. The GPL works
    so well now, precisely because it is unobtrusive. My company runs
    GPL'd software because we are able to use it and make modification
    without either redistributing the source code and we aren't required
    to pay for that ability.

    Requiring people to open all their changes or pay for them will put a
    lot of businesses off when it comes to dealing with GPL'd software. I
    don't think that is a good trade off to make, and I don't think it
    will be healthy for the open source community in general.

    A move like this will make the newer BSD style licenses and / or
    licenses like the Python license much more attractive imo. Now that
    open source is finally turning the corner, and solid technologies are
    finally moving into the enterprise, why would we even entertain making
    changes that will certainly hamper open source adoption?

    This isn't a consistent position in my opinion. If you are
    developing free software, it should remain free. The idea that you
    can get someone hooked on software, and then pull the rug out from
    under them and start charging them is ludicrous. If this were to
    happen, I can honestly see a major fork in the GPL happening.
  • Bad, bad, bad! (Score:4, Insightful)

    by TinyManCan ( 580322 ) on Friday April 08, 2005 @07:00PM (#12181828) Homepage
    I _REALLY_ hope this idea falls flat on its face. These companies are the brightest hope for Free Software. Screwing them over is incredibly idiotic.
  • by n1ywb ( 555767 ) on Friday April 08, 2005 @07:00PM (#12181831) Homepage Journal
    Pay money to whome? When? How?

    I think this proposal is crazy. If you use software as a part of running your business, that software is benefiting you and indirectly providing services to your customers, even if they never see it. So where do you draw the line?

  • by qewl ( 671495 ) on Friday April 08, 2005 @07:00PM (#12181834)
    But who gets paid the money and who determines how much? Can rates increase as GPL'd software develops? Is money paid to Richard Stahlman [sic] to distribute through the FSF? Seems an easy way to get around this anyway would just be to have small closed-source scripts that would only be called from the GPL'd code. After all, what's wrong with that? (so long as they're not redistributing their code, just letting use of it as a service)
  • Im speechless..... (Score:5, Insightful)

    by Richard_at_work ( 517087 ) on Friday April 08, 2005 @07:00PM (#12181837)

    "If you look at the market, Yahoo, eBay, IBM, Amazon, Google have all sunk millions into the GPL infrastructure," Olson said. "Not only are we changing the rules, we are changing them retroactively. With the new way, it lets the customer pay with either their source code or with their wallet."

    Basically, in any other language: 'Now youve had time to build a good infrastructure on the current rules, prepare to be shafted'. If this comes to pass, then in my mind they are no better than Microsoft changing EULA terms with a service pack. Now that there are major companies with an infrastructure built on GPL software, the FSF are looking to essentially move the goalposts and if this is applied retroactively to current code (which from the articles wording I think it will be) then I personally think that its going to do more harm to the GPL community than benefit it in code donations as companies scramble to move away.

    Please someone tell me that they cant do this retroactively, that its impossible under the current GPLv2 terms.

  • by ScentCone ( 795499 ) on Friday April 08, 2005 @07:00PM (#12181843)
    Google and eBay distribute HTML

    Hmm. I could swear that the Google appliance in my rack, and the Google toolbar on my desktop weren't just hunks of HTML.
  • by FreeLinux ( 555387 ) on Friday April 08, 2005 @07:01PM (#12181850)
    Just the implication of this terribly and inaccurately worded headline will be devastating to open source. This article is intentional flamebait. Zonk, please try to be a bit more responsible with the articles you post.

    Regardless of what GPL 3.0 turns out to be, developers are not forced to use it. They can continue to use GPL 2 if they wish, just as they can choose to use a BSD license, Apache license, creative commons, or any other license of their choosing. Furthermore, software that has already been released under GPL 2 cannot be retracted, it remains available under GPL 2 forever.
  • by karmaflux ( 148909 ) on Friday April 08, 2005 @07:03PM (#12181875)
    Why is everyone always saying "Software should be free, unless you're a business, in which case, get your checkbook"? The GPL shouldn't mandate anything except that code be made available. I think corporations should be entitled to the same rights and privileges as private citizens.
  • by Anonymous Coward on Friday April 08, 2005 @07:03PM (#12181877)
    don't be an idiot, who would they pay? the article is about releasing modifications. frankly, the article smells fishy, but whatever.
  • by gclef ( 96311 ) on Friday April 08, 2005 @07:05PM (#12181893)
    I'll go farther: This is an incredibly stupid idea. It will only convince businesses that the Linux/free software folks really are the communist, business-hating zealots that they're painted as.

    If you're not distributing your work, there's no reason why you should be forced to open your code or pay some silly fee.

    I hope this whole story is a troll...I really do.
  • Call it FUD (Score:5, Insightful)

    by thephotoman ( 791574 ) on Friday April 08, 2005 @07:06PM (#12181903) Journal
    Frankly, I don't think this is even the case. Yes, the FSF has been talking about making a GPL 3.0 for a while now, but the proposal they're offering makes no sense.

    The problem is that it infringes on one of the four freedoms, specifically the freedom to use. If such a provision were to find its way into any license that made it so that companies and individuals were not subject to the same terms, the license would be both discriminatory and non-free.

    Simply put, this is somebody making FUD about the GPL. Don't buy into it for a second.
  • by Cylix ( 55374 ) * on Friday April 08, 2005 @07:08PM (#12181936) Homepage Journal
    I heard the next version of the GPL will require everyone to throw pies at Bill Gates.

    At least, that's what I heard anyway.

    When whatever changes come up, they will be reviewed and we can rant and rave about it at that time.

    Nothing is founded, no concrete written agendas were tossed out by the article and all we have is a hypothetical situation that would be very different from the current model.

    Like many have said and will say, it's usually a good idea to specify the version of the GPL in which you release software. Unless you really don't care what kind of changes are made at a later date.

    I'm not saying all of this isn't going to come true, but at this juncture we could very well be required to throw pies to comply with the next redistribution agreement.
  • Don't get Dramatic (Score:4, Insightful)

    by MattW ( 97290 ) <matt@ender.com> on Friday April 08, 2005 @07:10PM (#12181955) Homepage
    Moglen has stated: "I do not believe that we will be reach consensus on this front, so I believe the license will have to accommodate options as to the question of Web services, but this must be squared with the ideological pursuit of freedom". [ref. [eweek.com]]

    And frankly, it's not really a loophole. Web services are not distributing software, they're running a service using software. That's obviously open to interpretation, but I haven't ever heard anyone distribute under the GPL and complain about someone using their software as a web service. There has been at least one derivative license which has addressed this issue.

    In the end, GPL 3.0 will likely provide an optional provision which will 'trigger' GPL source distribution requirements for a web service, at the option of the copyright holder; that is really the best choice. Rather than getting into an enormous philosophical debate over whether the idea is "good" or "bad" or "punitive" or whatever, let's simply have two clear licenses and give the option to the copyright holders to decide under what terms they will license their property.
  • by Doc Ruby ( 173196 ) on Friday April 08, 2005 @07:12PM (#12181982) Homepage Journal
    That new constraint would be a totally different principle for the license. The current principle is that if someone gets an executable from you, they also can get the source code, just as you got the source code from which you made your executable. Just using the source code, or customizing it for your own use, doesn't require distributing the source. The new principle would be requiring anyone who customized the source to release all customizations.

    This will stop many programmers, many of the best programmers, from using source code under that license. We could no longer keep any of the value of the software we created to ourselves. What is a "web service"? Is my email-processing CGI a "web service"? Any software in the same workflow as any other software under this license would have to be released. So many developers won't make small customizations, because that would force us into the source code distribution business, with all its overhead. Or we might just ignore that provision, or the whole license, en masse.

    The GPL is successful because it is a fair contract, even though it's revolutionary. Its enforcement teeth are rarely tested, because it's so close to an equitable agreement among peers. Which has resulted in lots of value contributed by profit-driven organizations, despite the claims of many that the license is anticapitalist. Upping the ante, to require private customizations to be published, could stop the rising tide of acceptance that is pushing GPL to be the default, and any proprietary license to be radical. And then the caution it would inspire: investing in GPL'd software might force acceptance of ever-more demanding licenses, like a GPL4.0 that required redistribution of even software that wasn't changed at all, just to get users "to pull their weight".

    The GPL2.0 isn't broken. Let's not "fix it" in a way that could destroy its success, and our chances to benefit from one another's work without onerous burdens.
  • by Bloater ( 12932 ) on Friday April 08, 2005 @07:14PM (#12182000) Homepage Journal
    > I think corporations should be entitled to the same rights and privileges as private citizens.

    Like voting? And do corporations get the same negative sides as private citizens, like going to jail? If you won't send a company to jail, and give it a vote, you can't equate them to private citizens
  • by Richard_at_work ( 517087 ) on Friday April 08, 2005 @07:14PM (#12182001)
    This quote from the article:

    "If you look at the market, Yahoo, eBay, IBM, Amazon, Google have all sunk millions into the GPL infrastructure," Olson said. "Not only are we changing the rules, we are changing them retroactively. With the new way, it lets the customer pay with either their source code or with their wallet."

  • by Anonymous Coward on Friday April 08, 2005 @07:15PM (#12182015)
    It will only convince businesses that the Linux/free software folks really are the communist, business-hating zealots that they're painted as.

    Um, you mean they are not?
  • by Anonymous Coward on Friday April 08, 2005 @07:19PM (#12182051)
    This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

    From the first "you", you learn that "you"="code's user". It's called English reading skills.

  • by bug1 ( 96678 ) on Friday April 08, 2005 @07:21PM (#12182071)
    The buisness world is on a very good wicket. They are getting us to make the tools they use to enslave us.

    Just becasue something is free as in beer doesnt mean it is devoid of all responsability from the users behalf.

    If a company's buisness model is dependent on free software then its in their companies best itnerest to be very generous to the programers who maintain the software they require.

    It sounds like the GPL v3.0 is trying to make the commercial world a little bit more responsable.

  • by bonch ( 38532 ) on Friday April 08, 2005 @07:21PM (#12182072)
    Everyone thinks they have good intentions. It takes the public to stand up to them when they're wrong.
  • by ajs ( 35943 ) <ajs.ajs@com> on Friday April 08, 2005 @07:22PM (#12182078) Homepage Journal
    Right, so for example, a friend of mine works for a financial firm which he reports makes use of (and even contributes to) OSS projects. That firm provides a service based on these products (both electronic and off-line transactions that they perform as part of their core business). If they attempt to make this retroactive, I assure you that the world will come crashing down on the FSF. Thousands of firms around the country will sue them OVER NIGHT, and honestly, I'd be more likely to donate to the defense of those firms than the FSF (regardless of the fact that I'm a huge fan of the GPLv2).

    This is deeply irresponsible. Any project that ships software under the GPL is going to be spinning their wheels for months over this, and the Microsofts of the world just got a huge weapon to use against OSS usage. After all, now they can say that using GPL software not only costs you in terms of the usual TCO metrics, but there's a potentially hidden and as-yet-unknown cost that can be applied to retroactively!

    Grrr!
  • Re:Bad, bad, bad! (Score:4, Insightful)

    by bug1 ( 96678 ) on Friday April 08, 2005 @07:27PM (#12182123)
    "These companies are the brightest hope for Free Software."

    How much source code have they released ?
  • Re:Bad, bad, bad! (Score:1, Insightful)

    by Anonymous Coward on Friday April 08, 2005 @07:30PM (#12182160)
    Doesn't matter how much code they've released.

    The point is that other companies can see these successful, high-volume sites running on free software.

    Those companies might adopt free software alternatives, and they might contribute their code.

    These companies aren't going to be impressed if all they see are weirdy-beardy college students and aging hippies talking about free software.
  • by ajs ( 35943 ) <ajs.ajs@com> on Friday April 08, 2005 @07:32PM (#12182176) Homepage Journal
    A few points for sanity here:

    1. No one can force a company to abide by the rules of a new version of the GPL for software the currently have under an old version. They can CHOOSE to apply the new version IF the author used the standard boilerplate license notice, but they can also CHOOSE not to
    2. The article specifically states that there is no GPLv3 and they're not officially comenting on what they are considering for it when it does come out
    3. The guy commenting is saying what he would like to see so that he can drop his unique license. That's fine, but it's not official word
    4. If this were to happen in the doomsday sense, everyone woudl immediately fork old copies of the programs that they have the option to apply the GPLv2 to, and continue to maintain and license them as such.

  • by Linuxathome ( 242573 ) on Friday April 08, 2005 @07:32PM (#12182185) Homepage Journal
    With the advent of the internet, it's now easier for computer programmers to freelance (see the well known Rent-a-Coder website). My impression is that under the current GPL, a programmer possibly could legally do contract work by adding to a GPL'd project [linuxathome.com] without being required to release the work -- so long as the buyer will never distribute the program via CD, floppy, or internet (i.e. keep the program "in-house"). Someone, correct me if this is not true.

    It appears that closing this loophole will also close the doors for programmers to freelance in this manner. That is they won't be able to sell their programming service of enhancing a current GPL'd project -- unless, of course, the solicitor agrees to either pay or release the code. The other option is to force the programmer to pay the GPL fee and roll this expense into the contract costs. I think this issue has to be debated and discussed at length, because we can't go about and make a gut decision of saying this provision is a good addition to the GPL just because we want to make big companies like Google, Amazon, etc. pay. After all, it could affect freelance programmers -- this could very well be their bread-n-butter. Let's not get into the question of whether personal enhancements of GPL'd programming tools (e.g. IDE's) are required to be paid or released under the proposed provision, that could be a sticky situation.
  • by OhPlz ( 168413 ) on Friday April 08, 2005 @07:54PM (#12182354)
    However, how does that benefit the open-source community or the author of the GPL software you are using.

    Why do they have to benefit? Turn your statement around, how are they harmed? They aren't. I think I understand the good intent of this proposal but I don't agree with it. It's good for the computing industry as a whole if companies can pull from open software. The benefit potentially is to our economy and in keeping us all employed.

    So long as companies are making improvements on open software there is the potential that the code could make it back to the public. If companies shy away from an insistance that they open their code (and I believe that is truly what this is about) then no one benefits. Not even the open source developers.

  • by raehl ( 609729 ) <raehl311@@@yahoo...com> on Friday April 08, 2005 @07:58PM (#12182388) Homepage
    Google and eBay allow end users to run programs on Google and eBay servers that create HTML for the end user. If I go to Google and do a search, INPUT occurs on my computer, PROCESSING occurs on Google's computer, and OUTPUT occurs on my computer.

    That's not the same as you distributing a document you created. In that case, INPUT occurs on your computer, PROCESSING occurs on your computer, and OUTPUT occurs on your computer.

    The question is: What's important in determining if a program has been "distributed"? Clearly if I give you a CD with the program and you run it on your computer, I've distributed the program. Clearly if I take GPL software and modify it and I run it on my computer only, I have not distributed the program.

    But if I take GPL'd software, modify it, and then let YOU run it on my computer...

    Did I distribute it, or not?

    Your immediate answer is probably "Who cares?" But now what if I charge you to run this modified program on my computer, for example, by charging a fee if you use my auction program? Now I'm using software provided by the open source community for my financial gain, but not returning the modifications I made to that software to the community.

    The extreme of this problem is that eventually, the internet becomes so fast and clients become so dumb that software is never "distributed" at all. I take an open source office suite and then modify it. According to the GPL, if I then sell that software on CD, or by download, so that people can actually run it on their computers, I must provide the source to it as well. But what if I'd rather just make money off of the GPL'd software I've taken without giving anything back to the community?

    Well, then I just put the software on my own server, and instead of selling CDs or downloads, I let people provide input and receive output over a remote connection to the program running on my server.

    And wala! People can modify and essentially provide GPL'd software without having to provide source.
  • by renehollan ( 138013 ) <[rhollan] [at] [clearwire.net]> on Friday April 08, 2005 @08:00PM (#12182403) Homepage Journal
    The problem with servers and services is that it muddies the line between program linkage and not.

    Currently the GPL forbids redistribution of GPL-covered code linked with other code to form a larger work, when that other code is not also distributed under the GPL: the whole larger work must be so distributed. It is a "derived work", and copyright law is clear on this: one can not redistribute derivatives of copyright works without permission. It's that permission that the GPL grants, when you abide by its terms.

    Of course, you are not prevented from redistributing GPL code *aggregated* with non-GPL code.

    The problem arises from distinguishing between derived and aggregated works: what if I distribute a GPL app that I write, with a bunch of GPL shared libraries that I didn't write (complete with source), and a nonh-GPL proprietary library, essential for the application, that I did write, without which the application is useless.

    Is that an aggregate, or a derived work of all the GPL code I did not write?

    On the one hand, there's no (legal) requirement that my app even run, and, since I distribute source, one can implement a version of the non-GPL library. The fact that it works when my non-GPL library is installed in the right directory (LD_LIBRARY_PATH, anyone?) is a happy coincidence. Redistributing my GPL app, with modifications is fine, but you can't redistribute my "essential" non-GPL library, rendering the app rather useless without it. You add value to the app, I license more copies of the essential library.

    On the other hand, the proprietary library, the foreign GPL libraries, and my app together, constitute a derived work of the GPL libraries, and must be redistributed en masse under the GPL.

    If the libraries are statically linked into a monolithic executable, there is little argument that the whole source must be redistributed. The situation is more controversial if a mere aggregate of files is distributed: some argue that not distributing the proprietary library under the GPL is a violation, other's don't.

    I tend to believe that if the GPL-covered peices can be redistributed indivudually, without the proprietary library, regardless of whether the result is useless, there is no violation: the fact that the code is actually only useful when the proprietary library is present is but a happy coincidence. What if I distributed a GPL version of the library, and offered a proprietary replacement, with far better performance?

    This controvery gets even muddier when one considers alternate ways of effecting program linkage. In effect, the "functional derived work" exists only at run-time, and, indeed, the maner in which the parts of the aggregate are combined, can, itself, be the subject of restrive licencing, and patent. What about linkage via a remote procedure call mechanism? Y'all remember RPC/XDR over TCP/IP, right? Suddenly, self-assembling functional derived works become a reality. Protocols like SOAP, used to support "Web Services" exacerbate the problem.

    This leaves a big, gaping hole in the GPL: socket wrappers were a common "hack" to "get around" the GPL: just layer a RPC mechansism around the proprietary library, and a GPL wrapper to call it from the app, and you were all set. And, that didn't even address the issue of inter-machine communication: 127.0.0.1 and Unix sockets are ubiquitous.

    Of course, the minute one's app "links" with proprietary code on a different server in this manner, the GPL loses all force, for one did non distribute the proprietary part.

    It is this area that the GPL v. 3.0 tries to address, IMHO, perhaps by more differentiating between linkage and aggregation. This can be done, of course, but then the license starts to lose some of its roots in copyright law.

    The problem with such an approach, though, is, what constitutes linkage: does an exchange of HTTP requests and responses? What if there is ultimately GPL code satisfying that request? Surely, if I use a program provided by a vendor

  • by Phillup ( 317168 ) on Friday April 08, 2005 @08:00PM (#12182411)
    Wouldn't the abscence of a version number lend support to the argument that is was licenced under the *only* version there was at the time?

    IE... the first version...

    Did the first version have a version number in anticipation of future versions?
  • by Janek Kozicki ( 722688 ) on Friday April 08, 2005 @08:08PM (#12182472) Journal
    No, the best part of this comment is the closing sentence, not the opening one:

    It's dangerous to leave such power in the hands of people not protected by insanity.

    most clever coclusion I've heard in years. Funny also because of the inside pardox. But very true.
  • by Anonymous Coward on Friday April 08, 2005 @08:16PM (#12182530)
    RMS doesn't write code for GCC anymore, or have anything to do with it. He only hacks a little on Emacs these days [kerneltrap.org]. Also, there are very practical reasons for not converting GCC over to C++. Keep in mind it has to bootstrap itself when being ported to new platforms; those platforms may not have a good C++ compiler.
  • The "ASP" model of computing was not an invention of the Internet generation. Multics, which everyone has heard of but few people used, was developed for the very purpose of writing an OS for an "computer utility". CompuServe, Tymnet were services started in the 1960s that sold computer time. The purpose of ARPANET was to allow remote access to expensive, centerlized, scarce computing resources.

    It could be argued that the ASP model of computing is the most natural. The late 80s, 90s and early 00s are a freakish period where computers were cheaper then networks. Think clients are not very powerfull, and with extreemly fast networks, accessing extreemly powerfull and reliable centerlized machines. Duh.

    The FSF must have had their heads in their asses if they diddnt see this coming.
  • by Magic Thread ( 692357 ) on Friday April 08, 2005 @08:30PM (#12182663) Homepage Journal
    Copyright law doesn't cover use of the software - only distribution. If someone is not distributing the software, copyright law for the software does not apply. So how can you make a service provider release code for something they aren't distributing?

    For this to work as described, the user would have had to sign a contract. Otherwise, it will be just as unenforceable as a EULA (you already had a right to click the Next button on your own computer, etc).
  • by rpdillon ( 715137 ) on Friday April 08, 2005 @08:38PM (#12182748) Homepage
    I don't understand this attitude at all...since when was the GPL, and the Free Software Foundation for that matter, about paying anyone anything?

    If developers using the GPL want to make money off of companies using the code for commercial purposes, then do what Trolltech did with Qt and dual license.

    Personally, I don't think the FSF has any place getting into the economics of the business model - their only say should be in the fate of the code. In fact, v2 essentially states that that won't get involved in how you make money when they basically say "Sell it if you want, for however much you want, all we care about is that if you distribute, you have to give away machine readable source as well, licensed under this license."

    If you can't even modify the code without PAYING someone - well, let's just say that it wouldn't be FREE software, now would it? Now I'll concede, they're not demanding money, per se. FTFA:

    "If you look at the market, Yahoo, eBay, IBM, Amazon, Google have all sunk millions into the GPL infrastructure," Olson said. "Not only are we changing the rules, we are changing them retroactively. With the new way, it lets the customer pay with either their source code or with their wallet."

    I think there may be a place for "paying" with the modified source, but let's not get into the "paying with your wallet" part, OK? If you want money, as I said before, just dual license.
  • by Indomitus ( 578 ) on Friday April 08, 2005 @08:43PM (#12182808) Homepage Journal
    Wow, thanks FSF folks. You think the minor and stupid threat of legal action against Linux using corporations by SCO chilled use of Linux? Even talking about a change like this could do far more damage. It is incredible that they would even talk about something like this. If I'm a company like Google, why would I go forward using GPL software when the people in charge of the license talk about changing it to make me pay when I'm not redistributing my code? What's next? I run a website on Apache, I have to pay the FSF for the privilege? Sheesh.
  • by gumtu ( 206776 ) on Friday April 08, 2005 @08:51PM (#12182892)
    Although the intent behind the GPL is laudable, and the wording of the GPL in its current form achieves this goal reasonably well, it is always a bad idea to have a small cabal of minimally accountable people control such an important lever.

    The GPL is a single point of control over the vast majority of the FOSS movement (~60-75% of all projects according to Wikipedia). The wording of the GPL impacts not only the fate of the FOSS movement itself, not only the fate of the work product of each individual participating in this movement, but also the fate of all the companies (large and small) that have chosen to assume the risk of depending on this software.

    Given the GPL's extreme importance to such a large and growing audience, we should all take a hard look at who really controls it. The GPL is controlled by the FSF. The FSF is a 501(c)(3) non-profit; it has a board of directors who have responsibility for oversight of the President who runs FSF day-to-day (RMS is the president). The board of directors is elected by "Members" (NOTE: If you join the FSF off their website, you are an Associate Member which is a NON-VOTING position). I'm not sure how one gets to be a full Member.

    Now let's not kid each other here: We all know how sketchy the oversight of a Board of Directors can be; we all know that groups of theoretical "equals" can be strongly influenced by a small number of strong personalities; and we all know that "Strong Personality" is a very accurate two word description of RMS (and I doubt Eben Moglen is far behind). I think those among us who are objective (and especially those among us who have personally interacted with RMS) can agree that RMS is on a personal jihad and he's using the force of law to achieve his ends. The question is, do we all want to participate in that same jihad?

    Of course, one can respond by saying: "There is a competitive market for licenses - no one is forcing developers to use the GPL." This might be true on paper but it's not true in practice. We're software developers, not lawyers. I'm willing to bet that the vast majority of developers release their work under the GPL simply because "that's the one I've heard the most about and that's what everybody else does", and NOT because they researched other available licenses and arrived at an understanding of their implications, and especially an understanding of who controls these licenses.

    So where does that leave us? We have a single pseudo-fanatic who has substantial control over the single most important component of our movement. This should scare the shit out of all of you.

    Me? I'm going to either change to a non-GPL license or stay with GPLv2.

    It's funny how the FOSS movement parallels Russian history: RMS (Lenin) started a revolution to overthrow proprietary software (the Czars). But the new regime became a dictatorship (Communism). It's now time for the proletarians (FOSS developers) to revolt again and achieve self-determination (free, accountable, and transparent democracy).
  • by Jahf ( 21968 ) on Friday April 08, 2005 @10:15PM (#12183553) Journal
    Yeah, because no one opens source code under licenses other than the GPL [opensource.org].

    Seriously, if something like this happens, it is simply going to make more people say that people like Jonathan Schwartz and Bill Gates were right all along not just about the GPL (few people make distinctions about which version they are speaking of when it comes to the GPL) but also in regards to RMS.

    I haven't written -much- under the GPL, but what I have I never intended to force the user to be required to distribute -any- change so long as they never polluted the world with bastardized ... err ... modified versions of my code. Yes, contributing back is nice, sure, but I know what the real world is like and I would much prefer people be able to use what I wrote than have to reinvent the wheel just because they were under restrictions not to redistribute the changes. So long as no one distributes their modifications under a closed license or binary-only form, I don't give a hoot how they use it internally, because I know that if the proposed changes were active MANY wouldn't be able to use it at all.

    Instead of modifying the "GPL" for this purpose, create the sGPL (strict GPL). I'm sure it will be useful for people, but it inherently changes the GPL too much.
  • by sqlrob ( 173498 ) on Friday April 08, 2005 @10:41PM (#12183735)
    So, if I go to a PHP page and do "view source", I see the PHP source code? Neat!
  • by Ex Deo ( 873888 ) on Saturday April 09, 2005 @12:36AM (#12184488)
    the plaintiff can still attempt discovery to determine intent, this affects damages.
    but regardless of any actual litigation, the water has been poisoned.

    here's the thing, or actually several things...

    a. companies are very risk averse - litigation is expensive and potentially deadly.
    b. The GPL has never been formally defined.
    b1. The GPL reads like the Port Huron statement - it's not a standard legal document.
    b2. This makes it nearly impossible to render a confident legal opinion on exactly what is and is not a valid condition/restriction of the GPL.
    b3. the FSF is now claiming that activation of the GPL doesn't actually require redistribution.
    c. The FSF is apparently declaring their intent to impose this new interpretation RETROACTIVELY.
    d. as you ask, IS THIS EVEN LEGAL - probably not, but no one really knows at this point.
    e. If it's not binding the GPL is invalid.
    f. If it is binding the GPL is a HUGE LIABILITY.
    g. The GPL is either a joke or a HUGE LIABILITY.
    h. companies don't want to invest in jokes a/o HUGE LIABILITIES - though they've been known to ;)
    i. this begs the question - IS THE FSF A HUGE LIABILITY ?
    j. a-i = HUGE LIABILTY = RISKY = DONT USE FREE SOFTWARE.

    What I'm getting at is that this event will signal to those interests who currently invest in software that GPL software can't be trusted, there are too many legal issues, the governing authority is capricious and likely to act in bad faith, they resent commercial applications of the license, and are litigious. Whether or not this results in a court case, the use of GPL sofware will almost certainly decline.
  • by aCapitalist ( 552761 ) on Saturday April 09, 2005 @01:10AM (#12184681)
    Politburo is pretty apropos. Stallman has talked about some government funded "free" software bureaucracy on more than one occasion.

    So typical of Stallman. It's so clear that he's a megalomaniac where it's all about control and not about free code. Look at how he treated Ulrich Drepper and how he compared proprietary software developers to murderers and perjuring cops.

    http://www.gnu.org/philosophy/my_doom.html [gnu.org]
    http://slashdot.org/article.pl?sid=01/08/19/203921 1&mode=thread&tid=117 [slashdot.org]
  • Re:Stop your FUD (Score:5, Insightful)

    by HiThere ( 15173 ) * <charleshixsn@@@earthlink...net> on Saturday April 09, 2005 @04:00AM (#12185522)
    There have been quite a few organizations whose purposes have changed drastically over the decades. I'm not aware of many that haven't.

    It's all very well to trust the current board, but when you say "any future license", you are trusting all future boards, and 20 years from now, every single member will be someone you don't now know.
  • by coolcold ( 805170 ) on Saturday April 09, 2005 @06:22AM (#12186059) Homepage
    but I don't think developer license their software to make money, but solely for interest and contribution. Asking commercials for money would not only reduce the user base in general but also money will get involved in FSF and makes it just another microsoft. The difference only they don't need to employ developers.
  • by Geoffreyerffoeg ( 729040 ) on Saturday April 09, 2005 @08:43AM (#12186464)
    I think you're completely right...except that you assume that an Evil GPL license will be less free. But what if RMS writes, "GPL v4. Anything under this licence may be freely used and copied by anyone for anything without attribution, as if it were public domain."?
  • Re:FSF? (Score:3, Insightful)

    by Magic Thread ( 692357 ) on Saturday April 09, 2005 @02:01PM (#12188081) Homepage Journal
    The term "open source" is equally ambiguous: it sounds as if all it means is you get to look at the code, not modify it. And many authors in the press have defined it this way.

    Free software is quite simple to clarify: "free speech, not free beer." Anyone who hears that will get it. Look how short and simple the Free Software definition [gnu.org] is; just four bullet points. Compare that to the Open Source definition [opensource.org]. It may not make as good a buzzword, but "free software" ultimately does the best job getting the point across.
  • by Shabazz ( 29233 ) on Saturday April 09, 2005 @05:58PM (#12189230) Homepage
    I think the point he's making, however, is that if he modifies the code in a proprietary way and adds some cool functionality that not everyone can, like say, with some patented technology, than he's modifying GPL code and "distributing" the software in essence by allowing ppl to run it off his server, but not "distributing" the software under the GPL. So it would allow people to get around the GPL. I think he makes a great point.
  • by Giggle Stick ( 673504 ) on Saturday April 09, 2005 @07:31PM (#12189662)
    ... but, he is well-known to have good intentions

    Remind me again, what the road to hell is paved with.

Love may laugh at locksmiths, but he has a profound respect for money bags. -- Sidney Paternoster, "The Folly of the Wise"

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