Re: New Essay - FOSS Licences Wars

2009-10-03 Thread Shlomi Fish
Hi Mikhael!

On Sunday 30 Aug 2009 02:51:47 Mikhael Goikhman wrote:
 On 28 Aug 2009 21:39:14 +0300, Shlomi Fish wrote:
  Hi Mikhael!
 
  Thanks for your comments and sorry for the late response.
 
 No worry about the late response, mostly because I didn't see much to
 discuss here. You wrote a somewhat provocative article advising against
 major FOSS licenses, so I just needed to defend the FOSS licenses.
 
 However, if you are honestly open to learn facts and opposite opinions,
 we may hold a short discussion. The anti-GPL arguments you used are
 actually as old as GPL itself (20 years) and are quite easy to parry.
 This is mostly already done in GPL FAQ:
 
   http://www.gnu.org/licenses/gpl-faq.html

I read parts of it and it does not answer them successfully. I also think that 
having such a long document (even longer than the licences which are 
themselves very long), is a big red flag that it is over-complicated.

 
  On Saturday 22 August 2009 18:31:38 Mikhael Goikhman wrote:
   On 21 Aug 2009 19:58:13 +0300, Shlomi Fish wrote:
 
  Many people are using the GPL, because it was recommended by their
  friends, while actually desiring a weak copyleft or even a permissive
  licence.
 
 To suggest that many people want to yield all their rights granted by
 Copyright Law and to use permissive license would not be right.
 However to suggest that their friends recommend GPL because it has no
 problems would be more correct.

I don't understand. Many people who are new to the FOSS world release programs 
that they wrote under the GPL, without being fully aware of its implications, 
from various reasons. How they actually want people to use their software may 
be very different from the implications of the GPL. Like they may not mind 
people closing derived versions of the source under a different licence. Or 
they don't want the various anti-patent clauses of the GPL. Or they want 
something that is a weak copyleft licence. I already talked with someone who 
wanted to use the GPL, and after I asked him what he want, it was actually 
weak copyleft.

Many people just hear about the GPL licences online and believe the hype about 
them, don't investigate what their implications are and so end up using them.

 
  And now the OpenBSD project wants to replace most GPL software with
  permissive, BSD-style licences (specifically the ISC licence, I
  believe).
 
 Good luck to this purely political action of BSD people. I predict it
 will fail in the whole, although they may replace 3-4 projects from
 10.

I don't know the scope of this replacement. In any case, most GPLed software 
out there is of little interest to anyone, or have permissively-licensed 
alternatives that are good enough, so that would be good enough. The user-land 
of the BSD distributions have already implemented a lot of the features of the 
GNU user-land. 

 
 OpenBSD developers have some respect from me, mostly because they
 refuse to include non free software drivers. But they are still not too
 high on my scale, because their principles are somewhat twisty. They
 had an opportunity to be listed on the GNU site as a fully free OS, but
 explicitely refused to do the needed thing, i.e. to stop to include or
 advertise non-free software (in one or another way, being it optional
 packages/ports or on the web site). Developers who knowlingly choose
 GPL for the sake of free software have more respect from me.

Well, arguably this is besides the point of the GPL suitability for other 
projects, and whether it encourages duplicate effort or not. But to answer 
your question - the FSF is far too picky and fanatical about its choice of 
what is a 100% Free Distribution. From my understanding, the FSF does not 
even want to have references or mentions of non-free-software anywhere, or 
that there will be repositories of non-FOSS software. This seems way too 
irrational and impractical.

The following popular Linux distributions - Debian, Ubuntu, Mandriva, Fedora, 
openSUSE, Gentoo, Archlinux, Slackware - none of them are free enough for the 
FSF's tastes, and instead it has the following list - 
http://www.gnu.org/distros/free-distros.html - of incredibly obscure 
distributions, and gNewSense which is based on Ubuntu, only to exclude the 
non-free stuff.

 
  What in your opinion makes the GPL superior in that case?
 
 The superiority of GPL (and its family) over other licenses is well
 known. Anyone who is willing to have more free software chooses this
 license. It is the BSD people who should justify their need to
 replace free software just on the sake of easier serving non-free
 software, or out of the not-invented-here syndrom.
 

Sorry, I lost context. Next time, please don't trim the message so much.

   2) Your catalogizing of Artistic License as weak copyleft is false.
   Noone (except for you) considers it copyleft, see wikipedia.
 
  According to:
 
  [skipped to reduce message length]
 
  This seems like copyleft to me, at least as far 

Re: New Essay - FOSS Licences Wars

2009-10-03 Thread Oron Peled
Shlomi, have you noticed you are the only one so far
that consistently cross post to several mailing lists?

On Saturday, 3 בOctober 2009 15:48:53 Shlomi Fish wrote:
 ... the FSF is far too picky and fanatical about its choice of 
 what is a 100% Free Distribution. From my understanding, the FSF does not 
 even want to have references or mentions of non-free-software anywhere, or 
 that there will be repositories of non-FOSS software. This seems way too 
 irrational and impractical.

Yeah, how irrational is the Free Software Foundation to refuse
advertising and soliciting of non-free software...

Shlomi, you are entitled to your own opinions and License choice.
I (like most FOSS users and advocates) am already used to being called
fanatical, irrational and impractical -- by users of non-free software.

However, when someone makes these claims on a Linux mailing list they
are obviously trolling -- maybe that's why you keep cross posting
(trying to maximize impact).

-- 
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o...@actcom.co.il  http://users.actcom.co.il/~oron
I just found out that the brain is like a computer.
If that's true, then there really aren't any stupid people.
Just people running Windows. 

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Re: New Essay - FOSS Licences Wars

2009-09-02 Thread Meir Kriheli
On 09/01/2009 11:21 PM, geoffrey mendelson wrote:

snipped/

 Apple is actually a pretty decent supporter of FOSS, they just chose not
 to use the GPL, which lead them to BSD instead of Linux, and they kept
 parts of their operating system and technology proprietary. They have an
 obligation to their stockholders to maintain the value of their
 investment. They also pay their employees fairly and have good benefits,
 something that some people on this list feel is their right as
 consultants marketing FOSS, but not the right of the developers of it.
 
 Geoff.
 


A company which shuts down websites (to let their PR keep rolling on
launch), forces other to remove videos (wired), uses the DMCA to hold
down a wiki site (just to keep a format hidden) and much more are no
supporters of FOSS.

The obligation to stockholders is a lame excuse (just like, it's a
company, they need to make money) for keeping a fake FOSS/Cool mask.

--
Meir

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Re: New Essay - FOSS Licences Wars

2009-09-02 Thread geoffrey mendelson


On Sep 2, 2009, at 12:30 PM, Meir Kriheli wrote:



A company which shuts down websites (to let their PR keep rolling on
launch),


How about a citation? This is to vague to be anything but FUD without  
one.



forces other to remove videos (wired),


That's simply wrong. Apple never forced Wired, they asked. They asked  
them to remove the video because it was a step by step tutorial on how  
to violate the Apple EULA. It was not a tutorial on how to install  
Darwin, a  FOSS operating system on your PC, but a full out install  
the parts that are proprietary too video.


What that has to do with FOSS, I have no idea.



uses the DMCA to hold
down a wiki site (just to keep a format hidden) and much more are no
supporters of FOSS.


I looked that up. The website in question had pages which suggested  
that a user circumvent a DRM method. Telling people how to circumvent  
DRM is a DMCA viloation, telling them should do it, but not how, may  
have been. The law was unclear. Instead of embroiling the EFF and  
Apple in a long and lengthy lawsuit, Apple decided to fold on the side  
of public freedom. It could have gone the other way, and due to the  
cost may have bankrupted the EFF.


IMHO Apple did the right thing in both cases, they moved to protect  
their intelectual property as was permitted by law (and may be  
required by securities law, being a publicy traded company) and when  
it came down to fighting the EFF in court, they left the EFF standing.  
It is important to note that there was no legal precident set by  
dropping the cases, it still is a gray area in the law, and someone  
else could (and possibly may have to) do it all over again.


The only victory for FOSS, if there was one at all, is Apple let the  
EFF live.



The obligation to stockholders is a lame excuse (just like, it's a
company, they need to make money) for keeping a fake FOSS/Cool  
mask.



Why? They really do have both an ethical and a legal obligation to  
shareholders. It's the US, Meir, laws and ethics are different there  
than Israel.


BTW, don't you do exactly that? Push FOSS/Cool and then charge  
customers for your services? Oh I forgot, you need to make money.


Geoff.

--
geoffrey mendelson N3OWJ/4X1GM
Jerusalem Israel geoffreymendel...@gmail.com






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Re: New Essay - FOSS Licences Wars

2009-09-02 Thread Shlomi Fish
On Tuesday 01 September 2009 22:43:12 Steve Litt wrote:
 On Tuesday 01 September 2009 14:09:24 Shlomi Fish wrote:
  So why am I still sticking with the MIT/X11? The main reason I think is
  that as an open-source programmer, I'm not interested in worrying about
  how people abuse my code. I don't like Apple, and am not fond of many
  Microsoft products. But I'm not interested to prevent Apple or Microsoft
  or any other developer of commercial and/or proprietary software for
  Windows or Mac OS X or the iPhone or whatever from using my code in their
  projects.
 
 Even if they do monopolistic things with your code? See this:
 
 http://www.computerworld.com/s/article/9137291/Mac_clone_maker_sues_Apple_o
 ver_Snow_Leopard
 

Sorry for breaking the URLs. It's a KMail boo-boo.

I've thought about it and I'd like to say what I feel about it. The first part 
of the answer is that I'm don't want my software to police Ethics. If I make 
my licence GPL or similar, then no one will be able to use it in proprietary 
contexts, including many small software developers, or many big and small 
benevolent organisations (both software and non-software related) that are too 
scared of complex copyleft licences, for many reasons. So I don't only 
discriminate against abusive companies such as Apple, but I also discriminate 
against many other perfectly innocent corpora - some of which won't ask me for 
permission before moving elsewhere or writing something themselves.

The second reason is that in accordance with:

http://www.shlomifish.org/philosophy/philosophy/guide-to-neo-tech/

I think that while monopolies are often inevitable, then given good market 
conditions, they cannot remain abusive for long, or else they won't be able to 
sustain their market-share. And the current economical situation in many 
countries encourages many monopolies or oligopolies by giving huge contracts 
(of the military, the education system etc.) to only one very large 
contractor. (We may be getting off-topic). Therefore, I think that we should 
let the market should speak for itself, and we should not worry too much about 
monopolies.

The third reason is that I think even the worst monopolies in history that I 
can think of were not as abusive as many governments:

http://vip.latnet.lv/LPRA/100MilVictims.htm

Corporations, while possibly being immoral and destructive are unlikely going 
to do something that stands against absolute ethics such as killing, 
stealing/theft or fraud, which governments have been routinely doing, even 
against their own citizens.  

Finally, let's say I'm writing a text editor called My Enhanced Text Editor 
or METE for short, and release it under a BSD-style licence. Someone 
(perhaps a single developer, perhaps a multi-million-dollar-corporation), 
takes it, enhances it and creates METE-Enterprise Edition, which becomes 
insanely popular and gains a near monopoly on the text editors' market. As the 
developer of METE, I can now work on integrating the good features of METE-EE 
into METE, so we will eventually regain some of the market share. And maybe 
some features are only of interest to METE-EE-Corp.'s customers and are of no 
interest to the open-source version, which can regain a substantial share of 
the market while still allowing METE-EE-Corp. to make nice sales. And 
naturally, as METE developers we're not standing still.

As the developer of Freecell Solver, I got some very good ideas from my 
competitors. For example, I implemented a randomised scan with a user-
configurable seed after seeing Freecell Tool, and I worked on a meta-scan for 
minimising the average solution length after some input from the creator of 
http://www.numin8r.us/programs/ ). Neither of them are free. 

Naturally, all of this is assuming there are legal problems such as software 
patents, but these may affect the original METE too, and are an even greater 
danger to commercial software than to gratis one. (Even Microsoft has been 
bitten by software patent litigations several times.)

I should note that also there's a place in the market for both FOSS and non-
FOSS alternatives. For example, see:

http://en.wikipedia.org/wiki/Category:Bug_and_issue_tracking_software

There are several high-quality FOSS alternatives, but many commercial and/or 
non-free offerings are also doing fine. And there isn't a clear winner.

And in the software world there have been several historical transitions from 
one dominant alternative to a different one or to several alternatives.

Regards,

Shlomi Fish

-- 
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Re: New Essay - FOSS Licences Wars

2009-09-02 Thread Meir Kriheli
On 09/02/2009 01:16 PM, geoffrey mendelson wrote:
 
 On Sep 2, 2009, at 12:30 PM, Meir Kriheli wrote:
 

 A company which shuts down websites (to let their PR keep rolling on
 launch),
 
 How about a citation? This is to vague to be anything but FUD without one.

ThinkSecret had to shutdown in exchange for keeping their sources
hidden. Those sources where under NDA - that's not ThinkSecret's problem
but Apple's, yet they were the one paying the price.

 forces other to remove videos (wired),
 
 That's simply wrong. Apple never forced Wired, they asked. They asked
 them to remove the video because it was a step by step tutorial on how
 to violate the Apple EULA. It was not a tutorial on how to install
 Darwin, a  FOSS operating system on your PC, but a full out install the
 parts that are proprietary too video.
 

You sure have nice website here, shame if something bad happened to
it. Apple's EULA (or anyone else's for that matter) is not law, but
their threat (backed by their very active legal department) sure was enough.

We've suffered from the same at whatsup.org.il. An Israeli hardware
company threatened us as one of our users wrote against their ethic an
behavior. Our options were either revealing his IP or being sued. After
consulting a known lawyer he advised us to delete the comment or fight a
lengthy battle which we can't afford, and he handled it for us against
the company, without his help (no charge) we've been in the mud.

Since then it happened again. One can bet same decision was forced on Wired.

 What that has to do with FOSS, I have no idea.
 

A company which tries to present itself as FOSS friendly has no business
of NDAs, DRM, DMCA, legal bullying and lock ins. Sure you can do that
(But they need to make money), just don't try to sell you're Cool,
Hip and Theo de Raadt soul mate.

Someone who pretends to support FOSS can't be against open society.

They can't support gag orders just for a refund (looks like a standard
corporate procedure), How can a law/state even allow such actions ?

http://www.osnews.com/story/21937/

They can't support hiding information from the public to keep their
phony image, http://www.osnews.com/story/21878/ :

KIRO 7 Consumer Investigator Amy Clancy worked for 7 months to try and
get her hands on the 800-page report by the Consumer Product Safety
Commission. She used the Freedom Of Information Act, but Apple's lawyers
kept on filing exemption after exemption, apparently trying to prevent
the report from going public. The report shows in great detail several
incident where iPods burst into flames and smoke, at times burning owners


 
 uses the DMCA to hold
 down a wiki site (just to keep a format hidden) and much more are no
 supporters of FOSS.
 
 I looked that up. The website in question had pages which suggested that
 a user circumvent a DRM method. Telling people how to circumvent DRM is
 a DMCA viloation, telling them should do it, but not how, may have been.

It wasn't about DRMor circumention at all , more about interfacing with
iPod and the iTunesDB. And they kept the pressure even when the pages
were removed. DMCA had nothing to do with it.

 The law was unclear. Instead of embroiling the EFF and Apple in a long
 and lengthy lawsuit, Apple decided to fold on the side of public
 freedom. It could have gone the other way, and due to the cost may
 have bankrupted the EFF.
 

Ain't that nice of Apple of letting the EFF linger on ? I must send a
Thank you letter to Mr. Jobs.

IIRC It's very simple. They've change the format, so the info on the
Wiki (which helped other devices/software sync with iTunes/iPod) wasn't
relevant anymore.

And they still keep using those tactics to lock their users and prevent
them from using anything else. Yep, very FOSS friendly:

http://www.osnews.com/story/21881

 IMHO Apple did the right thing in both cases, they moved to protect
 their intelectual property as was permitted by law (and may be required
 by securities law, being a publicy traded company) and when it came down
 to fighting the EFF in court, they left the EFF standing. It is
 important to note that there was no legal precident set by dropping the
 cases, it still is a gray area in the law, and someone else could (and
 possibly may have to) do it all over again.
 
 The only victory for FOSS, if there was one at all, is Apple let the EFF
 live.
 
 The obligation to stockholders is a lame excuse (just like, it's a
 company, they need to make money) for keeping a fake FOSS/Cool mask.
 
 
 Why? They really do have both an ethical and a legal obligation to
 shareholders. It's the US, Meir, laws and ethics are different there
 than Israel.

You mean United Corporate of America ? The poster child of laws made for
and by the corporations ? looking for their interests instead of the
citizens ?

Mussolini said: Fascism should more appropriately be called Corporatism
because it is a merger of state and corporate power - takes one to know
one.

 BTW, don't you do exactly 

Re: New Essay - FOSS Licences Wars

2009-09-02 Thread Shlomi Fish
On Wednesday 02 September 2009 12:30:34 Meir Kriheli wrote:
 On 09/01/2009 11:21 PM, geoffrey mendelson wrote:
 
 snipped/
 
  Apple is actually a pretty decent supporter of FOSS, they just chose not
  to use the GPL, which lead them to BSD instead of Linux, and they kept
  parts of their operating system and technology proprietary. They have an
  obligation to their stockholders to maintain the value of their
  investment. They also pay their employees fairly and have good benefits,
  something that some people on this list feel is their right as
  consultants marketing FOSS, but not the right of the developers of it.
 
  Geoff.
 
 A company which shuts down websites (to let their PR keep rolling on
 launch), forces other to remove videos (wired), uses the DMCA to hold
 down a wiki site (just to keep a format hidden) and much more are no
 supporters of FOSS.
 
 The obligation to stockholders is a lame excuse (just like, it's a
 company, they need to make money) for keeping a fake FOSS/Cool mask.
 

In addition to what Meir said further, I should note that I've been collecting 
many anti-Apple links here:

http://www.shlomifish.org/open-source/anti/apple/

Plenty of links and citations there.

Regards,

Shlomi Fish

 --
 Meir
 
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Re: New Essay - FOSS Licences Wars

2009-09-01 Thread Shlomi Fish
On Friday 21 August 2009 19:58:13 Shlomi Fish wrote:
 Hi all!

 I have published a new essay about free software licences:

 http://www.shlomifish.org/philosophy/computers/open-source/foss-licences-wa
rs/

 Any comments will be welcome.


Replying to myself (while de-CCing Perl-IL) I'd like to note that in my 
coverage of the reasons of why I prefer public domain licences instead of weak 
copyleft or strong copyleft licences, I probably missed the one that was the 
most important for me. So this is a GPL-vs.-BSDL post.

I'll start with a little history. Back when I got my first computer - an 8088 
PC XT with two 5.25 360 KB diskette drives, and no hard disk, I started 
programming in BASIC - first the one that came on the BIOS and then BASIC.COM 
or GWBASIC. (BASICA wouldn't run on my computer, for some reason). Back then, 
I programmed mostly games and my friends and I shared tips and programs 
between ourselves.

I took a long break in programming, and then started programming BASIC again - 
this time QBasic. Then I got my father to buy a C compiler and he bought me 
Turbo C++, which I used for somewhat more serious stuff than BASIC (though I 
still used QBasic). Back then I wrote two libraries-of-sorts - called CCalc 
(for various mathematical routines) and CSee (for graphics) which I intended 
to distribute as shareware. I don't recall if I wanted to include the source.

I've now made them, and some other C code from that era, available as FOSS at:

http://www.shlomifish.org/open-source/nostalgia/

In any case, back then we were used to the fact that we have to pay for our 
software, so I probably thought that making these libraries public-domain was 
not worth it. 

After I started getting into the world of UNIX, Linux, GNU, and open-source I 
realised there was a lot of software out there distributed with the source, 
which I could download and compile. I used to think of prep.ai.mit.edu (the 
old primary FTP host for gnu.org) as a cool collection of source code, which I 
could download, read the INSTALL file, build and install (sometimes after 
fixing the source). I wasn't interested in the implications of its FOSSness or 
the GPL licence. I also downloaded other software. I did know the software was 
gratis, as opposed to MiniSQL/mSQL which was sourceware and shareware, and it 
was good enough for me.

After I became more involved and started playing with Linux for developing 
software on it, I learned even more and understood what free (as in speech) 
software or as it was later called open-source software was all about. One 
thing I understood back then, was that it took me a long time to fully get to 
the bottom of all the GPL's nuances, and that I thought the public domain was 
preferable, because I didn't care too much about people changing the licence 
to something else, or using it in their own non-free/non-GPL-compatible 
software. A lot of people I have talked with since have shown some mis-
understandings of the GPL.

In any case, I had initiated some FOSS projects under the public-domain which 
didn't amount to a lot. I also wrote a patch for GIMP (see 
http://www.shlomifish.org/grad-fu/ ) which I made available, but has since 
taken some other iterations and incarnations to be embedded. And then I 
released Freecell Solver (originally under the Public Domain - now MIT/X11) 
and did a lot of extensive work on it, and then started some other moderately 
successful MIT/X11 projects, or contributed to or adopted FOSS projects under 
various licences.

So why am I still sticking with the MIT/X11? The main reason I think is that 
as an open-source programmer, I'm not interested in worrying about how people 
abuse my code. I don't like Apple, and am not fond of many Microsoft products. 
But I'm not interested to prevent Apple or Microsoft or any other developer of 
commercial and/or proprietary software for Windows or Mac OS X or the iPhone 
or whatever from using my code in their projects. In fact, I would prefer them 
to use my code than to create a proprietary replacement. Not to mention that 
making my code GPLed may also make it inappropriate for some developers of BSD 
software, BSD distributions, some developers of non-GPL-compatible-but-still-
free software, etc. I don't want that - I want my code to be of the maximal 
use possible.

I should note that I'm more worried about my code being used for malicious 
purposes by evil governments, as I think no big corporation in history has 
been as abusive as some past and present governments that come to mind. But 
preventing internal use or defence use or government use or whatever will 
make it non-FOSS, (and non-GPL-compatible), not to mention that adding random 
restrictions (cannot be used by Neonazis, cannot be used by terrorists, 
cannot be used by 'Zionists', etc.) will fragment the software world as a 
whole. 

Back to the topic: I don't want to be bothered about legal issues with my 
software. If you want to use my code - use it. 

Re: New Essay - FOSS Licences Wars

2009-09-01 Thread Steve Litt
On Tuesday 01 September 2009 14:09:24 Shlomi Fish wrote:

 So why am I still sticking with the MIT/X11? The main reason I think is
 that as an open-source programmer, I'm not interested in worrying about how
 people abuse my code. I don't like Apple, and am not fond of many Microsoft
 products. But I'm not interested to prevent Apple or Microsoft or any other
 developer of commercial and/or proprietary software for Windows or Mac OS X
 or the iPhone or whatever from using my code in their projects. 

Even if they do monopolistic things with your code? See this:

http://www.computerworld.com/s/article/9137291/Mac_clone_maker_sues_Apple_over_Snow_Leopard

I think the preceding article is one of the strongest arguments for copyleft 
I've ever seen.

SteveT
 
Steve Litt
Recession Relief Package
http://www.recession-relief.US
Twitter: http://www.twitter.com/stevelitt



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Re: New Essay - FOSS Licences Wars

2009-09-01 Thread geoffrey mendelson


On Sep 1, 2009, at 10:43 PM, Steve Litt wrote:


Even if they do monopolistic things with your code? See this:

http://www.computerworld.com/s/article/9137291/Mac_clone_maker_sues_Apple_over_Snow_Leopard

I think the preceding article is one of the strongest arguments for  
copyleft

I've ever seen.



Why? Apple is free to do what they want with their code. If they only  
implement drivers and kernel support for their own computers, how is  
that wrong?


As for MacOS, the base operating system, Darwin, happens to be free as  
in beer. You can download the source code for it, and build your own  
drivers, system loader, etc. It's very easily done and has been done  
many times. There have been many distributions of Darwin for generic  
PC's, many of them bundled with bootleg MacOS distributions, some of  
them not.


What is proprietary is the GUI  called Aqua which runs under it and  
the programs which run under Aqua, although you can if you wish  
develop or port FOSS to it. See OpenOffice.org for example, the early  
versions of OO were launced under Aqua (but could have been launched  
via the Darwin CLI) and ran in  XWindows (which was also FOSS). The  
newest version and a branch (NeoOffice) replaced the Xwindows UI with  
a Java one, so that it could be portable across all platforms and  
still access the GUI.


Apple produces a better product (MacOS) and can afford to test and  
support it better because it is limited to their hardware. If they  
expanded it to support all PC's it would be much larger, require more  
testing and more support. Look at any PC generic product such as  
Windows or any distribution of Linux and tell me that it has testing  
and support anywhere near as good as MacOS. it doesn't. Windows Vista  
was a disaster of testing and support, and look at the size of  
Microsoft, and Linux, look at the quality of the latest releases from  
Ubuntu for example. 9.04 was IMHO something that made Windows Vista  
look like heaven. The release would not boot on small computers, and  
the small computer emergeny fix would not boot on bigger computers.  
It took over two months to release a 9.04 kernel that would both  
support optical drives and not memory leak to the point it had to be  
rebooted every 24 hours.


Apple is actually a pretty decent supporter of FOSS, they just chose  
not to use the GPL, which lead them to BSD instead of Linux, and they  
kept parts of their operating system and technology proprietary. They  
have an obligation to their stockholders to maintain the value of  
their investment. They also pay their employees fairly and have good  
benefits, something that some people on this list feel is their right  
as consultants marketing FOSS, but not the right of the developers of  
it.


Geoff.

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Re: New Essay - FOSS Licences Wars

2009-08-25 Thread Mikhael Goikhman
On 21 Aug 2009 19:58:13 +0300, Shlomi Fish wrote:
 
 I have published a new essay about free software licences:
 
 http://www.shlomifish.org/philosophy/computers/open-source/foss-licences-wars/
 
 Any comments will be welcome.

This article contains several factual errors as well as many arguments
like I didn't read or read once and am unable to understand, so it
should be bad, that makes it difficult to take the article seriously.
But I will try to constructively comment anyway.

1) To use a term Wars together with FOSS Licenses is to seriously
misunderstand the topic. Different licenses are for different needs.

2) Your catalogizing of Artistic License as weak copyleft is false.
Noone (except for you) considers it copyleft, see wikipedia.

3) Your advice to use The Sleepycat License if one needs strong copyleft
is very problematic in several aspects.

First, The Sleepycat License is not the classical copyleft that mandates
the free nature of the derivatives. It fails on at least one important
property of the classical copyleft (i.e. GPL or GFDL) that is code
interoperability. It is too easy to create derivative works that are
under incompatible terms (think about any license that speaks about
available sources, but incompatible with GPL; there are many of these).

  http://www.gnu.org/copyleft/copyleft.html

Second, its use of reasonable conditions wording makes it too vague and
open to all kinds of attacks. It is not even clear whether proprietary
deriatives are allowed, and in which cases. I would say it has serious
holes to be even considered Strong Copyleft. Anyone who uses this license
for his own work should be prepared for it to be interpreted more as
Permissive License than Copyleft License. Another problem of short
license texts (see my point 11) is their ambiguity. It fully depends on
the common practive and interpretation. If it is interpreted as yet
another all-permissive license then it shares all their problems that the
classical copyleft tries to solve, including the license proliferation.

So it is irresponsible to blindly suggest The Sleepycat License for every
programmer without describing its multiple problems.

On the contrary, the GNU GPL was written and verified by the best lawers
and found not to contain any known hole, was proven to be enforceable in
courts, and does not have interoperability problem mentioned above.

4) To say GPL v3 has more restriction than v2 is to show ignorance on
the topic. All GPL versions implement the same idea that was not changed
since its start (enforce the four software freedoms for any evolution of
the program). Just some bugs were fixed for the changed reality.

5) All classical copyleft license are incompatible between themselves,
on purpose. The way to make them compatible is by adding explicit
relicensing permission (say GPL v3 and AGPL v3 are mutually compatible).
Or dual licensing, including the or later tip.

6) Your comments about Affero GPL are unfounded. It seems you think that
this license is applicable to any normal (desktop) program. It is not. It
is only applicable to a special program that was designed (and was born
from the start) as a network interface (like web service) _and_ has a
functionality to download its own source code over network. Then it is
believed that removing this functionality in deriative works would mean
turning such free software service into a non free software service, that
would indicate a hole in Strong Copyleft in a multi-computer environment
and in ability to enforce providing the four freedoms to users.

There are cases when no other license alternatives for web services
(designed to be free and trustful) exist other than AGPL. No sane user
would/should use Online Secure Voting or other services if he can't
verify its sources first. Including you. So please either remove your
advice to avoid non-FOSS licenses, or remove your prejudice against AGPL.

7) You always use Licence spelling when you refer to the licenses, even
if the official names have License spelling. I would not do this.

8) To advocate one MIT license in all cases is not wise. Then you would
better start to advocate Loosy Software (5 freedoms, the fifth is to be
able to convert to a closed source) and not Free Software (4 freedoms).

9) Unfortunately the section Bad Idea No. 6: Using the GPL or the LGPL
deeply places the whole article into the troll category. It seems you
are very confused. On one hand you use the Free Software definition by
FSF, and on the other hand you dismiss the licences that implement this
FSF definition in the most optimal, practical and preserving way.

This section also sounds as FUD. If you don't understand GPL as you say
(although it is crystal clear; enforce the 4 software freedoms for any
evolution of the program, using legal language), you should not write an
article about FOSS Licenses and start unneeded wars. Sorry to say this.

10) I had no problem understanding the Sleepycat licence, the Perl
Artistic 

Re: New Essay - FOSS Licences Wars

2009-08-24 Thread Steve Litt
On Sunday 23 August 2009 05:43:55 you wrote:
 Hi Steve, and everybody!

 On Saturday 22 August 2009 21:54:35 Steve Litt wrote:

  I think a lot of people (including me) like GPL's guarantee that they're
  not doing unpaid work for Microsoft (or Apple). My experience with
  VimOutliner, which is the only one of my free software projects that
  actually attracted other developers, indicates that its GPL nature is
  attractive to developers.

 I don't mind companies or individuals using my software commercially. In
 fact, I absolutely would be delighted in any beneficial use of it. I should
 also note that Microsoft, Apple or whoever are still free to use your GPLed
 software as long as they comply with the GPL, which allows them to sell it.
 For example, RHEL and commercial UNIXes contain a lot of GPLed and other
 FOSS code, and that's OK.

This is a very personal thing. A lot of people very much hate commercial use 
of their free software, for one of two reasons:

1) The programmer does all the work, and the company gets all the money. Many 
people, when confronted with this situation, look in the mirror and the mirror 
image says to them sucker!

2) The programmer hates Microsoft (or Apple or Google or whatever), and 
releasing permissive enables the hated company to profit off the programmer's 
work. In this case, going GPL is sort of like a boycott.

SteveT

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Re: New Essay - FOSS Licences Wars

2009-08-24 Thread Shlomi Fish
Hi Steve, and everybody!

On Saturday 22 August 2009 21:54:35 Steve Litt wrote:
 On Saturday 22 August 2009 03:21:13 you wrote:
  On Friday 21 August 2009 22:07:17 Steve Litt wrote:
   I disagree with some of your
   conclusions, but obviously your facts are spot on.
 
  Thanks. I would be happy to hear any arguments you have against my
  conclusions. Maybe I'll change my opinions.

 OK, here's an example. You implied in a few places that if software 1 was
 GPL, software 2 never would have existed, but if software 1 was MIT/BSD,
 software 2 would have existed though possibly not as free software. For
 instance:

 
 My response is that this was indeed a problem and inconvenienced the users
 of Exceed. However, if X-Windows were GPLed, then the people who made
 Exceed and wanted to sell it, would not have made it in the first place,
 because they had to make it GPLed and keep it as FOSS. So either they would
 have implemented it from scratch or not at all.
 

 My opinion is they very well might have made an Exceed GPL package,
 depending on how much of their incentive was selling software (notice I
 didn't say making money), vs how much priority was scratching an itch on
 Windows.


Yes, you're right about that. I'm not ruling out that in case X-Windows was 
GPLed, then Exceed would have been created and released as FOSS, but it's 
still possible it would not have been created at all.

 Then there's this:
 
 Furthermore, If X11 had been initiated under a non-BSD-style-licence, then
 it is possible it would not have become as ubiquitous as it is in the UNIX
 world, thus making it irrelevant to port it to Windows in the first place.
 

 My opinion would be the opposite -- it would have been adopted even more
 universally  had it been GPL. After all, the GPL Linux kernel plus the GNU
 utilities greatly outsold the older and more established BSDs.


I don't think the GPL is what made the Linux kernel popular. Apache, X-
Windows, bind, and a lot of other software is very ubiquitous and is under a 
permissive licence, and it is also commonly used on Linux. I now think the 
open-development model of Linux, as well as Linus Torvalds' extraordinary 
leadership (and the fact the BSD code was initially caught in the ugly ATT 
lawsuit, which clouded its future), are what ultimately made Linux popular. 
For all we know, it could have been BSDLed and just as popular.

 I think a lot of people (including me) like GPL's guarantee that they're
 not doing unpaid work for Microsoft (or Apple). My experience with
 VimOutliner, which is the only one of my free software projects that
 actually attracted other developers, indicates that its GPL nature is
 attractive to developers.


I don't mind companies or individuals using my software commercially. In fact, 
I absolutely would be delighted in any beneficial use of it. I should also 
note that Microsoft, Apple or whoever are still free to use your GPLed 
software as long as they comply with the GPL, which allows them to sell it. 
For example, RHEL and commercial UNIXes contain a lot of GPLed and other FOSS 
code, and that's OK.

My experience with Freecell Solver has been that developers are also happy 
with Public Domain-like licences. While relatively few code contributions made 
it into the main code, it was integrated into several larger projects (both 
FOSS and non-FOSS) and it was even forked once (privately at first, and then 
the fork was published). And I received a lot of useful input and inspirations 
from my users, co-developers and even competitors, which greatly enhanced the 
product.

It is possible VimOutliner is simply the most attractive project of yours, not 
due to its licence, but due to its technological nature.

 My view is license should depend on use. For instance, it's fine that
 VimOutliner is GPL because it's not a development tool and it's unlikely
 someone would use its parts to make something else.

 On the other hand, my Node.pm tool
 (http://www.troubleshooters.com/projects/Node/index.htm) is meant as a
 development tool that I wanted to be able to produce a proprietary program,
 so I made it GPL with an exception
 (http://www.troubleshooters.cxm/projects/Node/COPYING.LPDTL.1.0).


OK.

 Another use of some restrictive licenses is to make war on software
 patents, which I think almost everyone believes to be unnecessary and
 obnoxious.


The Apache Licence also has an anti-patent clause of some sort, and is a 
permissive licence. The GPL and friends do not prevent the software patents 
problem (which I agree is a huge problem), but they may make it better. Don't 
know. In any case, I think we should fight software patents in other ways 
aside from using restrictive licences.

 Another use of restrictive licenses is to prevent things similar to the
 kerberos mess. See
 http://www.usdoj.gov/atr/cases/ms_tuncom/major/mtc-00029523.htm and search
 for 

Re: New Essay - FOSS Licences Wars

2009-08-24 Thread Ori Idan

 I do completely understand the attractiveness of the MIT license. It's
 simple
 and can't come back to bite you later. I'm just saying the GPL has plenty
 of
 benefits.

 I am not sure I understand.
MIT license can't come back and bite me?
Correct me if I am wrong but in MIT license someone can take my software and
make it proprietary, add some features and sell it.
If it was GPL he/she could still sell it but I had the same option since I
can see his/her additions to the software.

-- 
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Re: New Essay - FOSS Licences Wars

2009-08-24 Thread Steve Litt
On Sunday 23 August 2009 01:49:09 you wrote:
  I do completely understand the attractiveness of the MIT license. It's
  simple
  and can't come back to bite you later. I'm just saying the GPL has plenty
  of
  benefits.
 
  I am not sure I understand.

 MIT license can't come back and bite me?
 Correct me if I am wrong but in MIT license someone can take my software
 and make it proprietary, add some features and sell it.
 If it was GPL he/she could still sell it but I had the same option since I
 can see his/her additions to the software.

You're absolutely right. The bite I was referring to was when you have your 
GPL software and find other software you'd love to combine with it, but you 
can't because they have incompatible licenses. That's much less likely to 
happen with MIT software.

SteveT

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Re: New Essay - FOSS Licences Wars

2009-08-24 Thread Shlomi Fish
On Sunday 23 August 2009 08:49:09 Ori Idan wrote:
  I do completely understand the attractiveness of the MIT license. It's
  simple
  and can't come back to bite you later. I'm just saying the GPL has plenty
  of
  benefits.
 
  I am not sure I understand.

 MIT license can't come back and bite me?
 Correct me if I am wrong but in MIT license someone can take my software
 and make it proprietary, add some features and sell it.

He cannot take *your* software directly. Your original applications remain 
under the X11 licence, and other people who've downloaded them can make them 
or derived works stay X11Led. What is possible is that someone will make a 
derived copy, and sub-license it. 

What he meant by can't come back to bite you later was that you cannot be 
sued for deficiencies in the code or otherwise be harmed in any way as the 
originator of the program, if you make it X11Led.

 If it was GPL he/she could still sell it but I had the same option since I
 can see his/her additions to the software.

Right. Personally, as a creator of software licensed under permissive 
licences, I'm not worried about people making derived works non-free, and in 
fact sometimes I even find it desirable. (Like the case of the shareware 
Freecell 3-D program that incorporated Freecell Solver). And some people and 
organisations have a natural aversion from the GPL or even the LGPL, which 
making your program X11L or similar happily avoids. 

Regards,

Shlomi Fish

-- 
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The Human Hacking Field Guide - http://xrl.us/bjn8q

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Re: New Essay - FOSS Licences Wars

2009-08-24 Thread Shlomi Fish
On Sunday 23 August 2009 16:14:28 Steve Litt wrote:
 On Sunday 23 August 2009 05:43:55 you wrote:
  Hi Steve, and everybody!
 
  On Saturday 22 August 2009 21:54:35 Steve Litt wrote:
   I think a lot of people (including me) like GPL's guarantee that
   they're not doing unpaid work for Microsoft (or Apple). My experience
   with VimOutliner, which is the only one of my free software projects
   that actually attracted other developers, indicates that its GPL nature
   is attractive to developers.
 
  I don't mind companies or individuals using my software commercially. In
  fact, I absolutely would be delighted in any beneficial use of it. I
  should also note that Microsoft, Apple or whoever are still free to use
  your GPLed software as long as they comply with the GPL, which allows
  them to sell it. For example, RHEL and commercial UNIXes contain a lot of
  GPLed and other FOSS code, and that's OK.

 This is a very personal thing. A lot of people very much hate commercial
 use of their free software, for one of two reasons:


I should note that the GPL (or any other permissive or copyleft licences) are 
not against commercial use as defined by the FSF. You can sell GPLed software 
and there are other ways to make money out of it. For example, Cygnus systems 
(now part of Red Hat) has been providing licensed versions of the GNU 
toolchain with support, so they sell it to you, and you pay them for support. 
See Give Away the Recipe, Open a Restaurant:

http://www.catb.org/~esr/writings/cathedral-bazaar/magic-cauldron/ar01s09.html

Similarly, Red Hat are selling RHEL, or OpenNT - Interix - Microsoft's 
Services for UNIX has contained gcc, and other copyleft software. 

 1) The programmer does all the work, and the company gets all the money.
 Many people, when confronted with this situation, look in the mirror and
 the mirror image says to them sucker!

This can happen with GPLed software too as illustrated above. 


 2) The programmer hates Microsoft (or Apple or Google or whatever), and
 releasing permissive enables the hated company to profit off the
 programmer's work. In this case, going GPL is sort of like a boycott.


And sometimes they can profit from GPLed software, too. I think you shouldn't 
restrict your software just because you hate Microsoft or Apple or whoever. As 
ESR says in http://catb.org/~esr/faqs/hacker-howto.html , a hacker should not 
spend a lot of energy hating Microsoft. He also once said he had no problems 
after Microsoft incorporated (BSD-style) code he wrote into their programs 
(while still crediting him in the about dialog). 

I dislike Apple, but I wouldn't mind them using my software, because my 
software is free-as-in-speech for everyone. The only way to prevent companies 
from making any use of your software is to add non-commercial, etc. clauses, 
but that will make it non-free and non-GPL-compatible.

I do agree that copyleft licences may prevent more abuses than permissive 
ones (either by individuals or by multi-milliard companies), but they have 
their own drawbacks as I demonstrated.

Regards,

Shlomi Fish

 SteveT

 Steve Litt
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 http://www.recession-relief.US
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Re: New Essay - FOSS Licences Wars

2009-08-22 Thread Shlomi Fish
On Friday 21 August 2009 22:07:17 Steve Litt wrote:
 On Friday 21 August 2009 12:58:13 Shlomi Fish wrote:
  Hi all!
 
  I have published a new essay about free software licences:
 
  http://www.shlomifish.org/philosophy/computers/open-source/foss-licences-
 wa rs/
 
  Any comments will be welcome.

 Excellent essay! 

Thanks!

 I like the way you immediately revealed your predjudice
 (pro- MIT) so as to get that out of the way. 

:-)

 I disagree with some of your
 conclusions, but obviously your facts are spot on.


Thanks. I would be happy to hear any arguments you have against my 
conclusions. Maybe I'll change my opinions.

 I especially like this:

 3. Write a GPLed server for solving Freecell that the graphical game would
 communicate with using TCP/IP or a different IPC mechanism.

 That's an excellent encapsulation method not only for variables, but for
 licenses too.


Yes. It's not always feasible to do that. For example, you cannot do it with 
the strong-copyleft Berkeley DB or the formerly GPLed Qt, without really 
killing performance *and* going through a lot of trouble. But it is often an 
option, as is the case for a Freecell solver.

BTW, I do actually have some aspirations of creating a web-service for fc-
solve in order to provide hints for 
http://cards.wikia.com/wiki/World_of_Solitaire or a similar online Solitaire 
game. So it seems some of the hypothetical anti-GPL measures are actually 
otherwise useful technologically.

Best regards,

Shlomi Fish

 SteveT

 Steve Litt
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 http://www.recession-relief.US
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Re: New Essay - FOSS Licences Wars

2009-08-22 Thread Ori Idan
I also like the article, it really shows most of the licenses and explains
them.
I would be happy if it contains more information about the clauses in BSD
licenses.

As for myself I prefer writing GPL applications as GPL license keeps the
software free so it actually defends me from people that will take my
software and make it propriatry.

-- 
Ori Idan


On Sat, Aug 22, 2009 at 10:21 AM, Shlomi Fish shlo...@iglu.org.il wrote:

 On Friday 21 August 2009 22:07:17 Steve Litt wrote:
  On Friday 21 August 2009 12:58:13 Shlomi Fish wrote:
   Hi all!
  
   I have published a new essay about free software licences:
  
  
 http://www.shlomifish.org/philosophy/computers/open-source/foss-licences-
  wa rs/
  
   Any comments will be welcome.
 
  Excellent essay!

 Thanks!

  I like the way you immediately revealed your predjudice
  (pro- MIT) so as to get that out of the way.

 :-)

  I disagree with some of your
  conclusions, but obviously your facts are spot on.
 

 Thanks. I would be happy to hear any arguments you have against my
 conclusions. Maybe I'll change my opinions.

  I especially like this:
 
  3. Write a GPLed server for solving Freecell that the graphical game
 would
  communicate with using TCP/IP or a different IPC mechanism.
 
  That's an excellent encapsulation method not only for variables, but for
  licenses too.
 

 Yes. It's not always feasible to do that. For example, you cannot do it
 with
 the strong-copyleft Berkeley DB or the formerly GPLed Qt, without really
 killing performance *and* going through a lot of trouble. But it is often
 an
 option, as is the case for a Freecell solver.

 BTW, I do actually have some aspirations of creating a web-service for fc-
 solve in order to provide hints for
 http://cards.wikia.com/wiki/World_of_Solitaire or a similar online
 Solitaire
 game. So it seems some of the hypothetical anti-GPL measures are actually
 otherwise useful technologically.

 Best regards,

Shlomi Fish

  SteveT
 
  Steve Litt
  Recession Relief Package
  http://www.recession-relief.US
  Twitter: http://www.twitter.com/stevelitt
 
 
 
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 we
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Re: New Essay - FOSS Licences Wars

2009-08-22 Thread Steve Litt
On Saturday 22 August 2009 03:21:13 you wrote:
 On Friday 21 August 2009 22:07:17 Steve Litt wrote:

  I disagree with some of your
  conclusions, but obviously your facts are spot on.

 Thanks. I would be happy to hear any arguments you have against my
 conclusions. Maybe I'll change my opinions.

OK, here's an example. You implied in a few places that if software 1 was GPL, 
software 2 never would have existed, but if software 1 was MIT/BSD, software 2 
would have existed though possibly not as free software. For instance:


My response is that this was indeed a problem and inconvenienced the users of 
Exceed. However, if X-Windows were GPLed, then the people who made Exceed and 
wanted to sell it, would not have made it in the first place, because they had 
to make it GPLed and keep it as FOSS. So either they would have implemented it 
from scratch or not at all.


My opinion is they very well might have made an Exceed GPL package, depending 
on how much of their incentive was selling software (notice I didn't say 
making money), vs how much priority was scratching an itch on Windows.

Then there's this:

Furthermore, If X11 had been initiated under a non-BSD-style-licence, then it 
is possible it would not have become as ubiquitous as it is in the UNIX world, 
thus making it irrelevant to port it to Windows in the first place.


My opinion would be the opposite -- it would have been adopted even more 
universally  had it been GPL. After all, the GPL Linux kernel plus the GNU 
utilities greatly outsold the older and more established BSDs.

I think a lot of people (including me) like GPL's guarantee that they're not 
doing unpaid work for Microsoft (or Apple). My experience with VimOutliner, 
which is the only one of my free software projects that actually attracted 
other developers, indicates that its GPL nature is attractive to developers.

My view is license should depend on use. For instance, it's fine that 
VimOutliner is GPL because it's not a development tool and it's unlikely 
someone would use its parts to make something else.

On the other hand, my Node.pm tool 
(http://www.troubleshooters.com/projects/Node/index.htm) is meant as a 
development tool that I wanted to be able to produce a proprietary program, so 
I made it GPL with an exception 
(http://www.troubleshooters.cxm/projects/Node/COPYING.LPDTL.1.0).

Another use of some restrictive licenses is to make war on software patents, 
which I think almost everyone believes to be unnecessary and obnoxious.

Another use of restrictive licenses is to prevent things similar to the 
kerberos mess. See 
http://www.usdoj.gov/atr/cases/ms_tuncom/major/mtc-00029523.htm and search for 
Kerberos to see what I'm talking about.

I do completely understand the attractiveness of the MIT license. It's simple 
and can't come back to bite you later. I'm just saying the GPL has plenty of 
benefits.

Thanks

SteveT

Steve Litt
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http://www.recession-relief.US
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Re: New Essay - FOSS Licences Wars

2009-08-21 Thread Steve Litt
On Friday 21 August 2009 12:58:13 Shlomi Fish wrote:
 Hi all!

 I have published a new essay about free software licences:

 http://www.shlomifish.org/philosophy/computers/open-source/foss-licences-wa
rs/

 Any comments will be welcome.

Excellent essay! I like the way you immediately revealed your predjudice (pro-
MIT) so as to get that out of the way. I disagree with some of your 
conclusions, but obviously your facts are spot on.

I especially like this:

3. Write a GPLed server for solving Freecell that the graphical game would 
communicate with using TCP/IP or a different IPC mechanism.

That's an excellent encapsulation method not only for variables, but for 
licenses too.

SteveT

Steve Litt
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http://www.recession-relief.US
Twitter: http://www.twitter.com/stevelitt



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