[gentoo-user] Re: License issues [was:Daniel Robbins' come back ?]

2008-01-15 Thread Michael Schmarck
James [EMAIL PROTECTED] wrote:

 Etaoin Shrdlu shrdlu at unlimitedmail.org writes:
 
 
 What you're saying here is not a secret, in fact these are all more or
 less well-known facts. Yes, they probably did violate some open source
 license. However, I don't see how having had closed source products
 would have prevented them from doing what they wanted to do anyway.
 And furthermore, what does all this have to do with making money with
 open source?
 
 
 I just do not see the harm in letting a small (sub 1 million dollar
 company) build a product and not provide any details or what they did or
 how they did it.

Why should they be allowed to gain a profit from something, that the
FLOSS community made, without giving anything back at all (and if it
is just source code in an uncommented/undocumented fashion)?

 In the end, their success is more likely related 

Why should somebody care, if they are successful?

 The GPL goes a long way to discouraging/preventing many of the serfs
 from ever trying IMHO. I believe that the GPL is the spawn of satan.

Absolutely disagree. I think the GPL is good the way it is.

 I think the 'serfs' (the greater gentoo community) would be better
 off with a BSD style license related to Gentoo technologies and
 still use GPL software, as the individual chooses. 

I don't think so.

Michael

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Re: [gentoo-user] Re: License issues [was:Daniel Robbins' come back ?]

2008-01-14 Thread Etaoin Shrdlu
On Monday 14 January 2008, James wrote:

 Etaoin Shrdlu shrdlu at unlimitedmail.org writes:
  The GPL does allow to sell your product (as opposite to giving it
  away for free). Why should Montavista be sued if they respect the
  GPL? As long as they distribute the source code with their products
  (which admittedly I don't know), they are fine. Just because the
  sources are not downloadable from their site, does not mean that
  they should be sued.

 Ummm, I guess you are new to a space that I have worked in for a very
 long time.  Let's make this simple. Why don't you just pose as
 a company that need MV's EL (embedded linux) and ask for a listing of
 all of the wonderful thing you can do with MV EL that are superior
 to the public offerings  of EL. Then ask them from their sourcecode
 to these 'enhancements'. They are not alone, they are just
 one of the companies selling a RTOS based on EL.

Have you ever used their products? Do you know for sure they don't give 
you the code? (I'm just curious here, I don't want to be unnecessarily 
polemic) I'm asking because in their site they say that they also give 
you some development modules (for eclipse) and tools for rebuilding the 
system, so this would seem to imply they also give you the source code.

  It seems to me that the difference is not between small or big
  companies, but rather between those who obey the GPL and those who
  do not.

 Naive, you are!  Big companies have lawyer, lobyist and often
 politicians in their pocket. Over the years most people, at least in
 countries that pretend to have democracy, have seen this.  Remember
 how the Democratic politicians and state where going after MS and then
 most of the issues got settled by republican. Yet the EU still slapped
 MS with lawsuits and punitive damages?  If you think small companies
 are treated just like big one, you are very naive and no amount of
 evidence will change your mind. Just ask most anyone that's been
 in small business before.

What I know is that big companies have had their defeats too, and if that 
has happened some times in the past it might happen again. This does not 
mean, of course, that it will actually happen (I'm not *that* naive).
And, IMHO, carrying on with bad practices just because the world around 
you behaves that way does not make you a trustworthy company (but it's 
true that it does let you make lots of money).

 You are talking about device drivers here, not products that have  a
 hidxden OS and use linux as the RTOS inside the product. Verifying
 what is acutally inside of a close (RTOS) system is difficult, at
 best, and often impossible it the firmware engineer wants to make it
 difficult for other to analyze.

I don't have enough knowledge of the embedded world to speak here, so you 
might very well be correct about this.

 There is a group of firmware engineers that have publically stated
 that they write for free any device driver for any company using EL.
 To paraphrase that person, the problem is not finding coders to write
 device drivers, it's convincing companies to open source their drivers
 or allow their products to inter-operate with OS drivers

Agreed. But a closed source driver can be released either by a big 
company or by a small one. 
And if linux gains popularity, refusing to open source a driver might 
actually turn out to be a bad thing for the company, since they will 
lose interoperability (read: customers) more and more (at least for 
general-purpose hardware modules; for embedded or specialized hardware 
things might be different).

  Other companies have been sued or notified, but not just because
  they were big or small, but because they failed to obey the GPL
  (xterasys, monsoon, fortinet, d-link...you can find tons of cases
  just by googling a bit), someone even admitted their faults,
  In some cases, the companies were declared guilty.

 true, but it does not affect the point I'm trying to make. What you
 are talking about is a drop of rain, in an ocean.

Maybe.

   What the GPLv3 is doing is effectively keeping the little guys
   from building products ~100% based on linux and open source. They
   have not stopped a single well funded company (or an entire
   country like China) from using linux and open source as they
   choose.
 
  Why should they have been stopped?

 I'd just like the charade to end. GPL keeps the serfs on 'massa farm'
 It does not stop billion dollar entities from doing whatever they want
 with EL or any other OS (open source) software.

Again...why should these billion dollars be forbidden to circulate, or do 
whatever, as long as the open source software rules are respected?
You seem to imply that a (free) software license is a way to stop people 
from investing or making money.

  Making money, even lots of money, with linux is not prohibited. What
  is wrong is when someone does not obey the GPL, and that's what LJ
  wants to do: to discover companies that try to benefit from the 

[gentoo-user] Re: License issues [was:Daniel Robbins' come back ?]

2008-01-14 Thread James
Etaoin Shrdlu shrdlu at unlimitedmail.org writes:


 What you're saying here is not a secret, in fact these are all more or 
 less well-known facts. Yes, they probably did violate some open source 
 license. However, I don't see how having had closed source products 
 would have prevented them from doing what they wanted to do anyway.
 And furthermore, what does all this have to do with making money with 
 open source?


I just do not see the harm in letting a small (sub 1 million dollar company)
build a product and not provide any details or what they did or
how they did it. In the end, their success is more likely related
to how slick their marketing campaign is  or how well conceived the
product/service is or how good their support is or some other twist.

The GPL goes a long way to discouraging/preventing many of the serfs 
from ever trying IMHO. I believe that the GPL is the spawn of satan.
I think the 'serfs' (the greater gentoo community) would be better
off with a BSD style license related to Gentoo technologies and 
still use GPL software, as the individual chooses. After all, most
of the BSD variants and derivatives (except those RTOS that large
corporations use in some of their products)  Still manage to use
GPL software.

Obviously, you think that GPL is a panacea. OK we agree to disagree.


seeya


James




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Re: [gentoo-user] Re: License issues [was:Daniel Robbins' come back ?]

2008-01-14 Thread Etaoin Shrdlu
On Monday 14 January 2008, James wrote:

 I just do not see the harm in letting a small (sub 1 million dollar
 company) build a product and not provide any details or what they did
 or how they did it. In the end, their success is more likely related
 to how slick their marketing campaign is  or how well conceived the
 product/service is or how good their support is or some other twist.

Well, there is nothing wrong and no harm at all. They can surely write 
their product from scratch and choose to not release any detail about 
it. In fact, many companies do this all the time.
What is wrong is when a company or individual, to save time and money, 
decides to pick (or usurp, depending on one's point of view) an already 
existing piece of code and adapt it to their needs, without respecting 
the rules set by the author of such code (remember that the original 
author(s) of a GPLed code still retains their copyrights on the code). 

 The GPL goes a long way to discouraging/preventing many of the serfs
 from ever trying IMHO. I believe that the GPL is the spawn of
 satan. I think the 'serfs' (the greater gentoo community) would be
 better off with a BSD style license related to Gentoo technologies and
 still use GPL software, as the individual chooses. After all, most of
 the BSD variants and derivatives (except those RTOS that large
 corporations use in some of their products)  Still manage to use GPL
 software.

 Obviously, you think that GPL is a panacea. OK we agree to disagree.

Not exactly a panacea. But I do think that the ideas in the GPL are not 
in contrast with the possibility of making money, both for small 
companies and big ones alike (and there are real-world examples to 
confirm this). Of course, all of this IMHO. Your views do have their 
good points, and I respect them.
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