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We Don't Need the GPL Anymore 919

jpkunst writes "In a lengthy interview with Eric S. Raymond by Federico Biancuzzi at O'Reilly's onlamp.com, ESR defends his position that 'Open source would be succeeding faster if the GPL didn't make lots of people nervous about adopting it.'" From the article: "I don't think the GPL is the principal reason for Linux's success. Rather, I believe it's because in 1991 Linus was the first person to find the right social architecture for distributed software development. It wasn't possible much before then because it required cheap internet; and after Linux, most people who might otherwise have founded OS projects found that the minimum-energy route to what they wanted was to improve Linux. The GPL helped, but I think mainly as a sort of social signal rather than as a legal document with teeth."
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We Don't Need the GPL Anymore

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  • by bheer ( 633842 ) <rbheer&gmail,com> on Friday July 01, 2005 @09:45AM (#12960060)
    They didn't take BSD and 'create a whole OS'. Slashbots often whine about the 'strings ftp.exe | grep 'University of California' shebang (I even saw it on someone's .sig once) but those that do display an amazing inability to understand commercial software development and the BSD model.

    While shipping NT 3.1 Microsoft was under pressure to add TCP/IP so they bought a commerically available stack rather than write it themselves. This commercial offering was a BSD derivative -- completely legally. For NT4 Microsoft rewrote the stack substantially, retaining old bits for backward compatibility. If this is 'stealing' from BSD, we should just scrap the BSD licence since it's not worth the paper it's printed on.

  • If this were true... (Score:3, Informative)

    by Limecron ( 206141 ) on Friday July 01, 2005 @09:49AM (#12960100)
    ...then why isn't one of the BSDs the more popular open-source OS?

    I think it's clear that the reason most open-source developers are inspired to work on Linux is the knowledge that their work won't be commercially exploited.
  • by Anonymous Coward on Friday July 01, 2005 @09:49AM (#12960111)
    Oh, it has scary teeth. That's exactly why nobody bothers to fight it, and companies settle instead.

    Shortly, it works like this: Company Foo infringes the GPL. If they go to court, they can try to argue the GPL doesn't apply - bad idea, since now it's entirely a copyright matter. And copyright says you can't take somebody else's stuff without permission, which means they're screwed.

    Here's the thing, the GPL is the only thing that gives you the permission to redistribute the code. If you don't like it, that's fine, nobody forces you to agree to use it, but then the whole thing falls back to copyright law, which doesn't give you the permission to redistribute anything.

    The GPL is unique in that it *grants* you privileges, instead of taking them away. Fighting the GPL will result in losing those privileges.

    That's why nobody goes to court, because they wouldn't even be talking about the GPL there. They'd be deciding if there was or not copyright infringement.
  • by Anonymous Coward on Friday July 01, 2005 @09:57AM (#12960188)
    Both MySQL and Perl are availiable under GPL!
  • Re:GPL Teeth? (Score:3, Informative)

    by arose ( 644256 ) on Friday July 01, 2005 @10:03AM (#12960258)
  • Re:GPL Teeth? (Score:3, Informative)

    by saider ( 177166 ) on Friday July 01, 2005 @10:05AM (#12960277)
    With most companies "we don't wan't to open EVERYTHING we write" usually translates to "We just want to leach without giving anything back".

    No, more often than not, the GPL software is a small component of a larger system (i.e. code to handle graphics formats). The GPL'ed code is not changed or improved, but somehow the communitiy expects to get all the other irrelevant code for free. This is what turns companies off to it.

    You don't have to open everything. Just the stuff that is a derrivative of the GPLed program.

    You do if it is statically linked. Of course you can decouple the GPL code from your application, but you might take a penalty somewhere (in size, speed, or complexity). Most companies are not going to hassle with that and just pay someone $30,000 to write the widget.
  • Re:Mac too (Score:2, Informative)

    by Golias ( 176380 ) on Friday July 01, 2005 @10:09AM (#12960320)
    Mac OS uses a BSD kernel too, right?

    Wrong. Close... but still wrong.

    OS X uses a Mach microkernel with a BSD compatability layer.

    Which, as far as most users are concerned, is pretty much the same as saying "it's BSD," but under the hood that's not exactly true.
  • by Cronopios ( 313338 ) on Friday July 01, 2005 @10:09AM (#12960323) Homepage Journal

    Major projects like Apache, MySQL, X11, Perl, and PHP eschew the GPL
    No sir. Perl [perl.org] and MySQL [mysql.com] are GPL'd.
  • Re:GPL Teeth? (Score:5, Informative)

    by zerocool^ ( 112121 ) on Friday July 01, 2005 @10:48AM (#12960687) Homepage Journal

    You don't have to open everything. Just the stuff that is a derrivative of the GPLed program.

    And even that's not entirely accurate. If you take GPL'd code, modify it, and use it in house, you don't have to release it. The ONLY time that you'd have to release code is when you're distributing a derivative work. For example, if you modify code, and then turn around and sell it, when you sell it, you also have to provide a copy of the source to the people who buy it. If you release it for download, you have to release your changes. That's it.

    ~Wx
  • Re:Amazing (Score:2, Informative)

    by dwarfking ( 95773 ) on Friday July 01, 2005 @10:48AM (#12960689) Homepage
    Just an aside to one sentence in your well spoken comments:

    In the real world, where 90% of commercial programming is done in-house to create in-house applications, no license comes closer to meeting corporate requirements

    I used to work for a large multinational retailer that did most of its development in house as you mention for in house applications.

    We were under restrictions from legal when using GPL'd code because there was no clear definition of 'distribution'. According to some of the legal review of the GPL, we would have been distributing our code when we made it available to solely owned affiliates of the parent company. They were part of a separate business line with their own IT and executive staff, more a maintenance organization than a retailer (they did not have stores).

    As an overall enterprise we were consolidating on common platforms (bulk purchasing power) across the board, but were still separate entities. The legal advisors indicated that our sharing of code with GPL components to these affiliates consituted distribution which would have activated the viral nature.

    Whether this is accurate or not IANAL and can not answer. All I know is this very large organization with a large legal staff determined it was a possibility, and therefor restricted us to not use GPL code unless it could be alternately licensed or was supplied as part of a software purchase from a vendor that had the liability.
  • by Anonymous Coward on Friday July 01, 2005 @10:50AM (#12960704)
    No. It's the GPL that makes people nervous. Take where I work as an example. We want to do some commercial software development on Linux but because we don't want to GPL our code we have to look at everything in Linux that we use to make sure we don't catch the GPL virus in our code which forces it to be GPL as well. So, in order to develop commercial code on Linux, we spend measurable time making sure that we don't fall into a GPL trap. This means writing our own code (reinventing the wheel) in a number of cases. So, as long as you want to do something of "your own" and make money off it in ways other than trying to sell support, developing on Linux is very costly. If all you want to do with your life is repackage and tweek existing software that other people wrote, then Linux is right down your alley.
  • Wrong. (Score:2, Informative)

    by Anonymous Coward on Friday July 01, 2005 @11:00AM (#12960817)
    Eric should know better, is he in need of attention again?

    If he honestly doesn't believe that the GPL has helped get Linux and all of the tools it needs to where it's at, he's a fool. We're still regularly finding people that aren't following it.

    The reality is that we're entering the post-secret code world. The license doesn't matter so much, people want source code from Sun, IBM, even Microsoft because it makes their investment more secure. It's only the fringes that really care about the licenses that much. There are some opponenets to the movement who will bitch about the GPL (Sun, MS..) but it's simply reaching a point where that doesn't matter too much, nobody who is honest about business really cares to steal someone else's code. Nobody who is really serious thinks that they can get away with it. It's really about being able to maintain your investment and possibly customize.

    Eric, you should spend your energy debunking the GPL detractors rather than spreading their FUD. It's really pretty simple, if you want to keep your code secret, then write it yourself and do that. If you want to play with others then be willing to share with others. If you're making a project that is primarily GPLed code, then maybe you should think about it before you try to call it your own stuff and keep the code secret, you really don't have much of a competitive edge in the first place.

  • Re:-1 Flamebait (Score:2, Informative)

    by gowen ( 141411 ) <gwowen@gmail.com> on Friday July 01, 2005 @11:13AM (#12960935) Homepage Journal
    Given your sig, I'll take that with a pinch of salt.

    ESR once described himself as "one of the senior technical cadre that makes the Internet work, and a core Linux and open-source developer", which is so mind-blastingly far from the truth that I've taken nothing he's said seriously since.
  • by Anonymous Coward on Friday July 01, 2005 @11:14AM (#12960949)
    i'd say, check your RAM. Mac hardware is VERY picky about RAM, and because Apple charges pretty high prices if you buy RAM from them, most of the time people buy RAM from other sources, but not every piece of CAS3 DDR400 RAM are alike, if you get what I'm saying. the overwhelming majority of indeterminate-kernel-panics has turned out to be incompatible RAM. The x86 side tends to have pretty tolerant designs for RAM and many more-technical "switchers" get hit by this because they're just not used to having RAM give them this kind of problem. My guess is as Apple adopts standard Intel chipsets these problems will fade away.

  • by m50d ( 797211 ) on Friday July 01, 2005 @11:20AM (#12960989) Homepage Journal
    And notice how the community got them to stop? Wheras if it was BSD they would have been on the right side of the law and gotten away with it, and other people could have done so too.
  • by heck ( 609097 ) <deadaccount@nobodyhere.com> on Friday July 01, 2005 @12:01PM (#12961384)
    Case in point: I know a project that was using a vanilla MySQL instantiation and connecting to it via MySQL's Java drivers. They were unable to use a GPL license, but thought they didn't have to as they were just using the JDBC drivers. They were quickly and I am told emphatically informed that their entire project was GPL if they distributed it.

    I want to first emphatically state (for those who are clueless) that whoever told this company that they had to GPL their entire project was a fuckwit.

    You are allowed to use a GPL'd Java driver in your proprietary software as long as:

    • if you make any changes to the driver, you release those changes back, per GPL requirements
    • you do not sell the driver to the end user (including a blurb that you are using this GPLd driver blah blah would be recommended)

    And now I wander into the tangent of "what the hell were the programmers doing?". The idea I try to live by is that I don't give a flying fucking shit what the database and drivers are. I create a table structure and an automated way to create those tables in a SQL database; I create code that goes against a JNDI data source; and I test against SQL Server, Oracle and MySQL. Maybe DB2. Unless it is required that you do a lot of things SQL side (such as triggers on the database side), the idea is you abstract out the database dependencies and let the customer choose what database they want to support (and so what drivers they need to use). But that's just another consultant's perspective.

  • Re:Ugh... no (Score:4, Informative)

    by argent ( 18001 ) <peter@slashdot . ... t a r o nga.com> on Friday July 01, 2005 @12:19PM (#12961582) Homepage Journal
    it still wouldn't at all stand up to Safari due to the value added by the parts of Safari which remain proprietary.

    What parts are those, precisely? I don't know of any parts of Safari which remain proprietary that are any kind of barrier to competition, or that are technically difficult to implement. Safari is a very thin shell around Webkit, and there are at least two open-source replacement shells (Sunrise Browser and Shiira).

    use of the LGPL in this case has still created an effective barrier to the open source product being as useful or successful as the commercial project which is using its code.

    I'm completely unable to understand how you would come to this conclusion. Safari itself only uses standard Mac OS X APIs, so Apple could have open-sourced all of Safari (and Dashboard, but that came later) without open-sourcing any other part of OS X, no matter what open-source license KHTML or Webkit was released under.

    About all that placing KHTML (and thus Webkit itself) under the GPL instead of the LGPL might have done would be to keep Apple from using Webkit in Mail in Tiger, and make some third party products on OS X use one of the other HTML rendering packages instead. The only program I can think of that I use, that uses Webkit, is Adium. And that's already GPLed.

    So, Apple has in fact released all the code that is needed for a third party (be that the KHTML team or Nokia) to duplicate "the commercial project which is using its code", just as they would as if KHTML had been released under the GPL. Apple could have created the kind of barrier that you're talking about, but they chose not to.

    Unless there's some magic Safari goodness that programs like Shiira are missing (and I doubt that, Shiira already does more than Safari) I'm completely at a loss to understand what you're getting at here.
  • Re:GPL Teeth? (Score:4, Informative)

    by Lumpy ( 12016 ) on Friday July 01, 2005 @12:25PM (#12961651) Homepage
    This is a 100% true statement.

    The company I work for origionally had a CTO that was freaking out about GPL'd software.

    It came to pass that he was simply acting that way because of the FUD and scaremongering that the MS rep he was buddy-buddy with was feeding him on a regular basis. After his "demands" and we presented a proposal for rewriting and purchasing everything needed to eliminate all GPL software in the business plus a letter from the Company's law firm telling him that the GPL is 100% harmless in every aspect unless we are shipping GPL code as or in a product.

    The whining was still there, finance refused to approve a 2.2 million dollar budget line to buy all new MS and other commercial software as well as hiring programmers to rewrite from scratch some of the other solutions we rely on for revinue.

    the GPL is not "dangerous" or "viral" and also is not scary in any way, shape, or form to anyone but someone trying to steal code, get something for nothing or are underinformed or relying on lies/bad information.

    We proved it to a CTO that was pigheaded, must have his way, and trusts his personal friends more than the experts he hires.
  • by Anonymous Coward on Friday July 01, 2005 @12:55PM (#12961948)
    Case in point: I know a project that was using a vanilla MySQL instantiation and connecting to it via MySQL's Java drivers. They were unable to use a GPL license, but thought they didn't have to as they were just using the JDBC drivers. They were quickly and I am told emphatically informed that their entire project was GPL if they distributed it. The project was rewritten to use Oracle, and a no Open Source policy was instituted.

    The moral: Open Source got killed in that project, and many others, because of the fanaticism of the GPL crowd and because of the all-encompassing nature of the GPL.


    I Call BS. The official MySQL JDBC drivers are GPL, but you can purchase them under a different licence for commercial use. Plus, there are 3 LGPL licenced JDBC drivers for MySQL that I know of, that you would not have to pay for OR release your code as GPL to use.

    There is no way a company looked at the cost of licensing the MySQL JDBC drivers, and then decided on cost alone to go with Oracle! Oracle costs lots of money (and is arguably worth it) and MySQL licensing is peanuts next to that cost.
  • by Ded Bob ( 67043 ) on Friday July 01, 2005 @03:23PM (#12963719) Homepage
    Actually BSD is the project I use to show exactly the opposite. While it's true there have been many individuals who have contributed to BSD, many major corporations have taken very significant code out of it and given back ... nothing.

    Yahoo!, Apple, and Pair Networks (in money) would probably argue against that.

    The companies you mentioned probably use little if anything of the BSD code any longer.

    I don't know of any major corporation which has made significant donations back to the BSD core. There may be the rare exception, but the bulk of corporate back-donations has been some bug fixes. That has left the development almost entirely to individual developers or very small groups, and thereby limited how much could be done.

    Most companies hire contractors to contribute to the BSD's. You do not see many companies make big shows about it.

    It has been my observation that the BSD source base has been relatively stagnant over more than a decade. If you look at what a modern BSD provides and compare it to what BSD 4.3 provided you'll find little that is new. A similar comparison with any major commercial UNIX will yield a great many such features (like working SMP support, journalled filesystems, NUMA support, logical volume management, realtime support, etc).

    • FreeBSD has working SMP support. A few things are still under the GIANT lock, but most are esoteric devices.
    • Journaling is currently being added.
    • USB support existed in the BSD's--I believe NetBSD had it first--about two years before Linux.
    • Jails have existed in FreeBSD for quite some time.

    Remember the list of features modern UNIXen have that BSD doesn't? Did you notice how many of them Linux does support?

    When will Linux support Soft Updates? When will Linux use sysctl() instead of /proc? How about virtual channels on a sound card? I do not need to run a software multiplexer to run multiple applications on my sound card with FreeBSD.

    To be sure, one of the major limitations in the BSD codebase has been the reluctance of the BSD principals to accept code they didn't write.

    Huh? That does not match to what happens within the BSD communities. Maybe, you are thinking about the Linux community? ;)
  • by Mornelithe ( 83633 ) on Friday July 01, 2005 @06:05PM (#12965391)
    When will Linux use sysctl() instead of /proc?

    Doesn't it already? [linux.com.hk] "A sysctl call has been present in Linux since version 1.3.57." However, Linux also lets you use the /proc/sys filesystem to do the same thing, so that I can write 'echo 0 > /proc/sys/foo' rather than writing a program. Is that a big problem for you?

    How about virtual channels on a sound card?

    ALSA has a method for doing that (the dmix plugin). However, it's not enabled by default, because for cards that actually have multiple channels, it's better to use the real ones.

    Maybe, you are thinking about the Linux community?

    No, I don't think he was. Seems like you both are mildly ignorant of the other camp (or were you purposely asking about thing that are actually in Linux? In that case, I apologize for being thick).
  • by nxtw ( 866177 ) on Friday July 01, 2005 @07:25PM (#12965934)
    FreeBSD has working SMP support. A few things are still under the GIANT lock, but most are esoteric devices.

    Working, but not great. And the threading support is weak.

    Journaling is currently being added.

    Which makes it irrelevant right now. Until it's been released and proven to be stable and reliable, I don't see any widespread usage of it. (Plus, with FreeBSD 5's less the spectacular record of working well, I wouldn't consider a new FreeBSD filesystem for quite some time.)

    USB support existed in the BSD's--I believe NetBSD had it first--about two years before Linux.

    This feature isn't too useful outside of desktop/workstation usage, so most corporations won't be too terribly interested. Furthermore, USB support does exist in both operating systems now.

    Jails have existed in FreeBSD for quite some time.

    This is something that is missing in Linux. However, its usefulness is limited; When will Linux support Soft Updates?

    Linux as a whole never will. Soft updates are a feature of individual file systems, of which Linux supports many. Soft updates and journaling file systems are mutually exclusive, and given the success of journaling file systems, I don't see them coming to Linux any time soon.

    When will Linux use sysctl() instead of /proc?

    Many years ago? [maconlinux.net]
    But even better: when will this make a huge difference in how either operating system works or in functionality?

    How about virtual channels on a sound card?

    Only a major concern for desktop users. Just about every sound card nowadays has hardware mixing; why not use that instead of your kernel-level (still software, not hardware!) mixer?

    Many of the features you have listed are of no interest to many corporations, unless they are in the business of proving desktop operating system solutions.

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