GPL 3.0 Rewrite Drive Is No Democracy 386
linumax writes "Users will be free to comment on the upcoming complex and technical draft versions of the GNU General Public License 3.0 in an easy way, according to Eben Moglen, general counsel for the Free Software Foundation. However, Moglen said Wednesday, speaking at the Open Source Business Conference here, the rewrite of the GPL is not an election and there will be no voting on its clauses. In a session entitled GPL 3.0: Directions, Implications, Casualties, Moglen said that when GPL 2.0 was promulgated some 14 years ago, very few people cared about it. On the advice of a few dozen people and a couple of lawyers, it was written and released. "That was a fine system then. It is not a fine system now. I expect the process around GPL 3.0, when it begins in some 60 to 90 days' time, to collect a great deal of comment from people on the draft documents... ", He said."
Why would it be a democracy? (Score:5, Funny)
Re:Why would it be a democracy? (Score:2, Insightful)
Re:Why would it be a democracy? (Score:3, Funny)
Actually, Siberians love ice cream, even in winter (Score:3, Funny)
Democratic != Free (Score:3, Insightful)
In a purely capitalist society with no other guiding principles, you would be free to decide on any price you want, assuming you could actually make snow cones, which you couldn't, because the long-established snow cone cartel has restricted the supply of snow cone mak
Re:Why would it be a democracy? (Score:3, Insightful)
Re:Why would it be a democracy? (Score:5, Interesting)
Democracy most notably does NOT mean free, in any sense of the word. Its quite possible to have a democracy where you vote to take away freedom (or even the life) of certain groups or certain people. In fact, the first democracy, Athens, did just that on a regular basis. It was called the lottery. Thats the major problem wiht pure democracies- 50%+1 wins, even if it screws over a sizable minority. Its one of the reasomns why the US is a republic instead.
Re:Why would it be a democracy? (Score:3, Informative)
Re:Why would it be a democracy? (Score:3, Insightful)
True, in theory a communist country can also be democratic. But, in practice the allocation of resources is extremely labor-intensive.
Re:Why would it be a democracy? (Score:3, Funny)
Re:Why would it be a democracy? (Score:3, Interesting)
Re:Why would it be a democracy? (Score:3, Insightful)
That depends. Generally, the answer is "yes." Some socialists believe that profit is morally wrong. A lot of others believe that profit isn't morally wrong, but that it shouldn't be isolated within shareholders or owners, when its the employees who were responsible for producing that wealth. So, depending on who you ask, the pricing is your choice- but the idea is that no one would buy
Re:Why would it be a democracy? (Score:2)
Re:Why would it be a democracy? (Score:3, Interesting)
Re:Why would it be a democracy? (Score:2, Informative)
Wait wait wait... (Score:5, Funny)
But... I thought... GPL... open... *HEAD EXPLODES*
Re:Wait wait wait... (Score:3, Interesting)
Beside, this non-democracy is exactly how it should be. People having a clue about law get together to write a legal bullet proof license. They will take comments from the community to improve it but there won't be any vote.
It's the same way open source projects works. Do you think Linux is a democracy ?
What keeps developers (and license writers) honest is that if they go too far, someone c
Re:Wait wait wait... (Score:2, Informative)
Re:Wait wait wait... (Score:2)
Re:Wait wait wait... (Score:2)
Re:Wait wait wait... (Score:2)
Re:Wait wait wait... (Score:2)
No, it is not. The GPL is copyrighted by the FSF and modifications to it are not allowed.
Re:Wait wait wait... (Score:5, Interesting)
Bruce
The fight is over the GPL3 *NAME* (Score:5, Interesting)
There are (for the purpose of this post) innumerable possible licenses out there. Only one of them will be called GPL3.0, but if you don't like the one arbitrarily named GPL3.0 you are perfectly free to use one of the others. Keep using GPL2.0, for instance. The democracy in the GPL3.0 is VOLUNTARY ADOPTION. This license will not be foisted on anyone.
The real problem is that lots of people may dislike GPL3.0, and they will likely go with plan B, which may not be the same license as everyone else. Then we will all have to read the fine print again. Of course, upon rejection of the GPL3.0 license, these same dissenters can (and probably will) wish they had an acceptible GPL, which provides the perfect motivation for a GPL3.1 fork. We all have to choose between the LGPL and the GPL as things stand, because there was a bifurcation in the types of GPL software, their users and their respective licensing needs. It isn't clear whether this situation is more or less dangerous than the debate that led to the LGPL. The implied message is clear: "GPL3.0 may not be any good."
The expression that GPL3.0 might be bad is meaningless because it doesn't exist yet. Communicating this to a mass audience is FUD. The purpose is to stir up demand for participation in the GPL3.0 drafting process, which will complicate it, and slow it down, and sacrifice the quality of the final product (even if only the timeliness). If there was real reason for concern, people would already be embroiled in an Internet wide debate on what needs to be fixed with the GPL. Maybe that is already happening, and it's just the people most qualified and or interested that are participating in the debate, at a quiet level compared to Slashdot controversy. If I wanted to derail those people, the best tool at my disposal is to try and discredit them and force them to spend their valuable time defending themselves and their work from angry mobs of mouth-breathers who refuse to Google the issue themselves.
Here's a hint: if you ever get a feeling of righteous indignation, you're playing the victim, and you're ignoring your real opportunity to do something positive.
Re:The fight is over the GPL3 *NAME* (Score:4, Insightful)
> This license will not be foisted on anyone.
Except for everybody who exactly followed the instructions in How to Apply These Terms to Your New Programs and used these terms:
Moglen is mistaken (Score:5, Insightful)
Re:Moglen is mistaken (Score:5, Insightful)
This is on my software. If I dont like GPL 3.0, and dont want my software distributed under it, I'm already screwed.
Re:Moglen is mistaken (Score:2)
Re:Moglen is mistaken (Score:3, Interesting)
The problem is that you have to trust the FSF not to go nuts and do only good things with the next versions.
You don't have to add that one line to your program though, you could just release it under one specific version. Only problem than is that when a new version comes out and it is good you and everyone who has contributed to it in the mean time would have to agree to the relicensing.
Jeroen
Re:Moglen is mistaken (Score:5, Insightful)
Sucks to be you
Re:Moglen is mistaken (Score:4, Insightful)
Each version of the GPL won't take rights away from the original author (that's pretty much, literally impossible.) it just defines how the author designates that others can use it. In the case of saying "v1 or later" you let anyone use v1 of the license if they darn well so please.
The only way someone is screwed with the clause "v1 or later" is, if they're not the original author, and they want to redistribute your software, and they are unable to comply with any version later than v1.
In short, the author/copyright holder can never be "screwed" by a newer GPL license even if it does include the "or later version" part of the clause.
Re:Moglen is mistaken (Score:5, Insightful)
Yes, but that choice is left up to the viewer if you specify "or later".
This means that if the GPL review board goes insane and the GPL v3.0 does away with the "must provide source code" clauses, your program can suddenly be locked up in commercial software and any improvements made not given back to the community. You will be legally powerless to do anything about this since, even though you retain copyright, you have licenced the software for use with anything that calls itself "GPL", even if it's completely different to good old GPL 1.0.
Is that really what you want? If so, why not just go for a BSD licence?
Re:Moglen is mistaken (Score:2)
You can't stop people from forking the older versions and using the code under GPL3 terms -- you already released it under conditions allowing that -- but you can lock future versions to the GPL v.2.
What is your problem really? (Score:2)
You have already given the world the four software freedoms [gnu.org] to your code. A new license can not take that away from your users because they would chose to keep the old license. What more can they take from you? What have you thought of that my innocent mind can not?
You can't push a rope and you
Re:Moglen is mistaken (Score:3, Interesting)
Yes. The only problem with that is that he's done a piss-poor job regarding the GFDL. There is an anti-DRM provision so vague that it doesn't allow you to store GFDL documents on systems with login security and file permissions. If you look into that, you find that RMS actually doesn't approve of login security, so that might even be deliberate. That's the license that applies to the entire Wikipedia, and those
Re:Moglen is mistaken (Score:4, Insightful)
They do NOT get to vote on what is in the license.
Re:Moglen is mistaken (Score:2)
You can't agree to something that you don't know. Nobody can enforce such thing. (of course IANAL)
Rewrite Drive (Score:5, Funny)
Compatibility is key... (Score:4, Interesting)
Re:Compatibility is key... (Score:2)
Possible damage to OSS (Score:2)
For the sake of truly free programming, we have to tear down the zealots speaking on our behalf.
Re:Possible damage to OSS (Score:2, Insightful)
The problem is the zealots are writing the GPL.
Re:Possible damage to OSS (Score:2)
Who do you think wrote it in the first place?
"Possible" is not "probable" (Score:2)
The other one... well, he wrote the first two versions of the GPL, which has been moderately successful after all is said and done :)
C'mon. lighten up. It's not like there's a shortage of alternatives if Stallman implodes. But given that he's done a good job so far, I'm inclined to give him the benefit of the doubt on this one. The man has his blind spots, but he wrote the licence that enabled an enitre
Re:Possible damage to OSS (Score:2)
Re:Possible damage to OSS (Score:4, Insightful)
Re: Possible damage to OSS (Score:3, Insightful)
We wouldn't even be having this discussion if not for those zealots.
Re:Possible damage to OSS (Score:2)
Zealotry never hurt a movement.
Take the current US political system for example... Oh wait... Ummm... Let me rephrase that...
Zealotry will control a movement whether you like it or not and in fact control it with an iron fist and beat anyone who opposes them into a bloody pulp and call them a heathen ubeliever who is going to hell for disagreeing and you are going to pass more rules to control any disenting view
the Zealots are at ZDNet. (Score:4, Interesting)
The proposed change would thwart removal of a button to download software that an author put in, not make a download button manditory. This interesting and mild idea is being considered carefully to avoid problems it might cause if abused by contributors.
There's more, but it's not worth the trouble to detail. That last Slashdot story was just more BS from another Wintel rag.
If you have a real objection to a real proposed change, let's hear it.
Re:Possible damage to OSS (Score:3, Insightful)
Forced upgrade? (Score:3, Insightful)
Re:Forced upgrade? (Score:2)
Most software I've seen includes a copy of the license with the source, often in a file called COPYING, so you have the exact text of the GPL version that they u
Re: Forced upgrade? (Score:2)
Hmmm... What about the other way around? If a project is switched to GPL3, will the hereditary nature of the GPL mean it's still also under GPL2, whether they want it to be or not?
Re: Forced upgrade? (Score:2)
The original BSD code can be used under either the BSD or GPL licenses, but the combined code can only be used under the GPL. If the pieces are kept distinct, you should theoretically be able to extract only the BSD-licensed sections and use them under BSD terms, but you have to be absolutely certain you haven't grabbed a mix of BSD and GPL code. Of course, if you have access to a copy of the original codebase, you can j
Re: Forced upgrade? (Score:2)
Well, not quite. Since the "or higher" part is considered a right to relicense (otherwise the work as a whole would have to be "GPLv2 or higher" under the GPL, which would be incompatible with GPLv3), it is probably legal to replace any occurance of "GPLv2 and higher" headers with "GPLv3 or higher", in which case you've completely lost track of what is GPLv2.
Re:Forced upgrade? (Score:2)
Being such a large project, quite a few of the contributors are missing and even a few dead in the literal sense. That's not going to happen.
Re:Forced upgrade? (Score:4, Informative)
The notice that you are supposed to attach to each file covered by the GPL (2.0) includes the following text:
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.
So you can choose to be bound by a later licence if you like, or stick with the version that you agreed to.
Re:Forced upgrade? (Score:2)
This thing needs to be SOLID. (Score:5, Insightful)
Damn sure there will be a vote (Score:4, Informative)
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.
Everybody's free to leave that out when applying the license to a new program.
Re:Damn sure there will be a vote (Score:3, Informative)
So, they've violated your license (since they aren't the copyright holders of your work) by distributing it under different terms than you originally described.
Re:Damn sure there will be a vote (Score:2)
Only if you had modified your original licence before any releases to not have the "upgrade" clause would they have violated moving to GPL3. But as of now, you can't fold their work back into yours without YOU changing your licence.
Re:Damn sure there will be a vote (Score:2)
Certainly with the upgrade clause derivative works could *potentially* become incompatible.
Is the GPL v3 going to have terms that aren't GPL v2 compatible? who knows.
But it seems to me that you could have different licenses affecting different parts of the codebase, so long as they are mutually compati
Re:Damn sure there will be a vote (Score:2)
That depends on the wording. If you said GPLv2 or higher (the default), you can't. If you said GPLv2 only, they can't relicense it. You still can't use their code but you could sue for copyright infringement. Any license with "GPLvX or higher" can be replaced by "GPLvX+1 or higher" or "GPLvX only".
I've s
Re:Damn sure there will be a vote (Score:2)
Point (Score:5, Insightful)
And if you don't like the new GPL... feel free to modify it to your liking. There's already a few pieces of software out there that use a modified GPL v2 (typically, these are projects that are GPL'ed but grant you special permission to link with this or that non-free library even though this would otherwise not be allowed by the GPL), so you could do the same thing here.
And to those who'll reply now and tell me that I can't modify the GPL because the license as such is itself copyrighted to the FSF... I insist that that's irrelevant, as a license is not a creative work but rather a technical description of the terms the author offers you the software under.
Re:Point (Score:2, Informative)
Whether you legally have the right to modify licenses by default is irrelevant, as it is explicitly permitted for the GPL.
http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL [gnu.org]
Unfortunately... (Score:2, Interesting)
By another token, Open Source is being used by companies as a way to get individuals to create code without compensating the
Re:Unfortunately... (Score:2)
If someone doesn't want their software to be used in commercial software, they shouldn't release it under the GPL.
Re:Unfortunately... (Score:3, Insightful)
At this point, the GPL is mostly irrelevant to the Open Source movement. Once hailed as a means to safeguard the communal creation, exchange, and improvement of software, it's now being subverted by companies and individuals generating their own licenses loosely based on the GPL but permitting the commercial extension/closed-binary distribution of code for the right amount of money.
Huh? How does the existance and popularity of non-GPL licenses make the GPL irrelevant? There's an enourmous amount of very p
Re:Unfortunately... (Score:3, Insightful)
So what? If someone releases something under a non-GPL license, does that lessen GPL code in any way? Closed-binary distribution is not GPL compatible, so they can not legally take advantage of any GPL code. Unless you are referring to dual-licensed product, which by virtue of being the copy
Re:Unfortunately... (Score:4, Insightful)
Huh? The GPL is not and has never been promulgated as the One True License. Licensing your work under other GPL and a zillion other licenses has always been permitted. If somebody wants your code but doesn't want the license that you've chosen for it, you can arrange some other license or tell him to pound sand. You have the copyright, you do what you want. There's no subverting of the GPL if it's not used. The rights and obligations under the GPL don't change - it's just that the other party doesn't want them, so you work something else out.
>By another token, Open Source is being used by companies as a way to get individuals to create code without compensating them.
Wrong. The creators have free will - the companies don't get them to write code without compensation.
>This unfairly competes with the American software industry, and exploits ...
How is this unfair? If a company can't provide value to the customer, then it doesn't deserve to exist. The closed-source software industry does not deserve protection from the open-source software industry. I fail to see how competition creates stagnation.
No democracy? So what! (Score:5, Insightful)
There are plenty of things democracy is good for, but sometimes you have to leave decisions in the hands of people more qualified than the average person.
Mod parent up (Score:5, Insightful)
Re:Mod parent up (Score:3, Insightful)
No, in fact they're fairly orthogonal. When you want to make any form of agreement (except the "all your computers are belong to us" EULAs, which can be written purely by lawyers), you have negotiators and such working on what the agreement should contain, and then you send it over to legal for them to make
Re:No democracy? So what! (Score:2)
Re:No democracy? So what! (Score:2)
Re:No democracy? So what! (Score:3, Insightful)
When it comes to societal issues, it makes sense for the society as a whole to come to a consensus. When it comes to something specific, like surgery or legal advice, you go find an expert. Anyone who expects the open source community to be able to vote on GPL p
Re:No democracy? So what! (Score:2)
If more people had smaller egos and knew their limits life would be much better.
Re:No democracy? So what! (Score:2)
A software license for the free software community seems to me to require the input of, you know, the free software community.
Re:No democracy? So what! (Score:2)
This obsession people seem to have with democracy is silly. Do doctors and nurses in the operating room vote on how to proceed with an operation? Should pilots ask for a vote on how to land a plane?
No, because these are established procedures. If you're inventing a procedure, then it should be put to a vote where the voters are people qualified to make those choices. In this case, it's more like a pseudo-democracy, because you're only involving people with an intimate knowledge of the subject at hand.
You didn't describe democracy. (Score:3, Interesting)
A true democracy, however, is about the people choosing someone who will take the decisions, whether the people like it or not. They chose him to take responsibility for his actions.
And certainly I think that R
Why would it be a democracy? (Score:3, Insightful)
I expect that the GPL3 will be looked over and hashed about by enough people. Hopefully it will be a fine license for the near future, and not just for the recent past.
There will be a different kind of vote. (Score:3, Insightful)
Voting won't change the contents of GPL v3 directly, but the fact that people will vote with their feet after it's released still means the broader community will have some impact. Either that, or FSF will demonstrate itself to be focused only on its own needs and interests, and so may alienate others. I don't think they've ever been too afraid of alienating others in the interest of maintaining ideological purity. So, it'll be interesting to see how effective the review and feedback process is, and how many people actually adopt GPL v3, and what impact that has on any follow-ons to GPL v3.
--Joe
In his quest to keep all things open... (Score:3, Interesting)
It seems to me that if we aren't careful we won't be able to use gcc or any other open source compilers to produce non-GPL'd code even if they are linked only to non-GPL'd libraries. Don't get me wrong, GPL'd code is great but Linux should be a platform that allows both open and closed source applications.
Why is this bad? (Score:3, Informative)
Why is this presented as a netgative?
This is how it works, voting!=good decisions. There are more than enough examples that just having the 'right' to vote is of no real benefit. Recent history being an example. The point is responsibility. Not 'rights'. Rights do not come free of charge, they come with responsibility. Simply because you are not accustomed to recognizing that responsibility and think its 'absence' is some sort of melevolant action, is quite frankly, naive.
If you think you have something important to CONTRIBUTE to this license that is being developed, then get off your fat ass and make yourself heard. They are ASKING for you to do that if you simply read the statements of the organizers. But since nobody ever does... here it is; This will also be a very public and watched process and so we need those leaders in the community to step forward and play an important role. It is also rare that we get to see a license under development and to get involved in that process," she said.
It just isnt possible that there is nobody competent enough on slashdot, who has editor status, who can write an article that presents the IMPORTANT parts of the story, and not the sensationalist parts...
Im just guessing that the editor is american, because nobody else is so disconnected from the responsibilities that come with voting as americans seem to be.
Re:Why is this bad? (Score:2)
I would highly agree.
There is a reason that referendums are forbidden in the current German constitution.
Seriously: I welcome our GNU GPL overlords (Score:5, Insightful)
No, seriously, they are smart people and I trust they will do a good job. In the unlikely event that I don't like what they've written I won't use it for my projects.
Does it really matter? (Score:2)
AGPL Fork (Score:5, Insightful)
Which is too bad. A sensible GPL3 that people would adopt would address interop by making only reasonable demands. Just as we got, in addition to GPL, an LGPL, we also need an AGPL for APIs and interfaces. Which require any app that interoperates with an AGPL app to open, publish and document its APIs, and carry the AGPL. That would make AGPL apps virally force developers to open interfaces. The denial of which openness is indefensible, except on the basis of programmers' rights to do anything we want, except when bound by agreement otherwise. API access is even more important than source code access, though it comes along with OSS (except for real, explicit documentation). And API access is the biggest drag on interop, where getting the rest of the source is usually just a bonus.
There's nothing magic about Moglen. He's just the expert who wrote the last GPL(s). There's no reason we can't write a forked "GPL 3.0", which merely requires the AGPL I described, even using those GPLs as the original "source" from which to produce the new version. When it proves more popular than Moglen's GPL 3.0, democracy and open source will have conspired in the market for maximum freedom, as chosen by the free.
So the two groups actually worked together? (Score:5, Funny)
Wow, both people and lawyers...
Closing the Web Services Loophole in the GPL (Score:3, Informative)
choice of licenses (Score:3, Insightful)
Licensing the output of a program (Score:3, Interesting)
With the keep the button to output the sourcecode requirement RMS and the FSF are trying to license the output of their application. Especially since the HTML put out by a web application is the output. In addition they're removing freedoms as to how applications are used, something the FSF have stated many time that they are against.
http://www.fsf.org/licensing/essays/free-sw.html/ [fsf.org]Attempts, and suggestions to restrict the way people change and use software, expecially the prosed get source functions, violate freedom 0.
In addition the attempt to controll the output of the application, and changed application go against the GPL FAQ on Liscensing GPL output.
Whatever the FSF decides to do with GPL-3 they need to stick to these principles.
Re:Too many licenses (Score:2)
No, they only think closed source software is evil, commercial software is quite fine for them, you can even order from them: https://agia.fsf.org/order/ [fsf.org] if you want to.
Re:Too many licenses (Score:2)
Re:LOL IT'S SOCIALISM (Score:2, Funny)
This is the future of Slashdot. Really, how many comments here are truly original? One man with a few dozen such accounts could replace 90% of posts on Slashdot!
Re:YEP, I DID JUST THAT (Score:2)
-nB
Re:Wiki QWZX (Score:2)
GNU GENERAL PUBLIC LICENSE VERSION 3.14159
You may reuse this source code for any purpose, as long as you don't work for Microsoft or let it run on Windows. Each and every modification must be published, with full commentary, on Slashdot at the earliest possible convenience. If I want to use your code, I'm free to do so, and I don't owe you anything, but if you want to use my code, well if you can read this you've found the hidden message and you must prov
Free software (Score:3, Insightful)
The ONLY thing you aren't permitted to do is give them less than you have, which isn't that bad because it wasn't your software to begin with.
GPL is for people who want their free software to stay free, and not get embraced and extended by someone else.