Re: GPL vs BSD Licence

2004-10-30 Thread TM4525
 Again, the reality is that none of this (the existence of some
 products that
 exist as binary modules) harm the community. They offer choices for users,
 and the more choices the better. What a horrible place the world would be
 without TiVo (who never would have done the work if they couldn't
 protect it)


Yah, people might actually have to READ a book instead of watching the
TV.  What horrors!!

Ted


Or watch Meet the Press, and actually HEAR what your leaders say with context,
instead of relying on whatever the media wants you to hear, or what fits an
author's private agenda.
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RE: GPL vs BSD Licence

2004-10-29 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED]
 Sent: Thursday, October 28, 2004 2:08 PM
 To: [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence


 Linus is just a big dope anyway, so who cares what he thinks? He's like
 Kerry. He thinks whatever is convenient for him to think at the time.

And RMS is a lot like Bush who says whatever is convenient for him to
say at the time.

There - now we got the election dragged in!  Shall we try for the Nazi's?
;-)

Ted

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RE: GPL vs BSD Licence

2004-10-29 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Thomas
 Sparrevohn
 Sent: Thursday, October 28, 2004 2:25 PM
 To: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence
 Importance: High
 
 
 On Thursday 28 October 2004 22:08, [EMAIL PROTECTED] wrote:
 
 Could you please move the discussion to FreeBSD-chat - now 
 

Set your Reply To: header to chat, works wonders for that.

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Re: GPL vs BSD Licence

2004-10-29 Thread Phil Schulz
I thought I sent that mail to chat@, I wonder how the reply ended up at 
questions@ again. Unfortunately my provider won't let me set a Reply-To: 
header.

[EMAIL PROTECTED] wrote:
In a message dated 10/28/04 4:49:28 PM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:

  I don't think that Allot modifies the Linux kernel. I wouldn't expect
 them to do so and I don't see an obvious reason why they should (*).
 Obviously some of their custom stuff needs to run inside kernel, but I
 rather think they enhance the kernel with some loadable modules or
 whatever (does Linux have KLDs?).
Then you either know nothing about programming or nothing about their
products. Do you think they do gigabit bandwidth management, with
features not in the kernel, from user space? 
That's not what I meant and not what I wrote.
You can write a loadable kernel module w/o changing the kernel sources, 
can't you?

Plus, if they were using an
unmodified kernel, why not provide the source? Put it on the machine.
Whats the harm?
 What's the use of it? Would you pay a load of money for a product, 
modify it and therefore lose all the support?

  A while back, I fast-read a post of Linus Torvalds to a mailing list
 saying why he thinks that binary-only enhancements to linux must be GPL
 licenced (and I believed the statemant was discussed on a FreeBSD-list
 also). His argument was that by using the kernel headers your work
 automatically becomes a derived work, thus it needs to be licensed under
 the GPL. I seem to recall the discussion was about nVidia's closed
Modules use headers and are not GPLed, so clearly you're just
plain wrong.
 Ok, we agree that modules use headers and that at least some modules 
are not GPL licensed. Why am I wrong?
 We should also agree that (at least some) kernel headers are GPL'ed. 
You can verify this yourself if you have the time and the bandwith. My 
point was that some people think that if you use a GPL'ed header file, 
your work must be under the GPL as well. I don't have an opinion on that 
point b/c I haven't had the need to think about it yet.
 I was rather trying to say that not even Linux people agree on how to 
interpret the GPL.

 
Linus is just a big dope anyway, so who cares what he thinks? He's like
Kerry. He thinks whatever is convenient for him to think at the time.
 I don't care a whole lot about the upcoming U.S. election. Plus I 
think it is highly inappropriate to state your political opinion in such 
a way on this list. It's not what the list is there for.

Kind regards,
Phil.
--
Did you know...
If you play a Windows 2000 CD backwards, you hear satanic messages,
but what's worse is when you play it forward
 ...it installs Windows 2000
  -- Alfred Perlstein on [EMAIL PROTECTED]
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Re: GPL vs BSD Licence

2004-10-29 Thread TM4525
In a message dated 10/29/04 5:27:20 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
 Then you either know nothing about programming or nothing about their
 products. Do you think they do gigabit bandwidth management, with
 features not in the kernel, from user space? 

That's not what I meant and not what I wrote.
you can write a loadable kernel module w/o changing the kernel sources, 
can't you?
Not without adding hooks, which which would have to be provided under the
GPL.

You've obviously never done anything like this, or know how it works, so
why do you feel qualitifed to comment on it?
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Re: GPL vs BSD Licence

2004-10-29 Thread TM4525
In a message dated 10/29/04 2:10:23 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
 the GPL. I seem to recall the discussion was about nVidia's closed 
 source, binary only drivers but, according to Linus, affects all similar 
 products. I'm unsure if and how this issue is being dealt with.

It is.  It is the stated policy of the FSF that loadable kernel modules
are considered part of the GPL work and therefore must be GPL'ed
themselves.  That is where all this is coming from.  It is kind of
a personal vendetta/issue with RMS I understand.  This position has
also created lots of controversy as you might imagine.

The FSF doesnt have standing with Linux so they can blow as hard as 
they like and no one will really care. The FSF is a bunch of weenies 
whos only mission in life is to abolish anything thats not open source.

Linus has stated that, if software was written for a different O/S and was 
ported to linux, its not a derivative work and binary modules are 
acceptable and don't have to be GPLed

Again, the reality is that none of this (the existence of some products that
exist as binary modules) harm the community. They offer choices for users,
and the more choices the better. What a horrible place the world would be
without TiVo (who never would have done the work if they couldn't protect it)
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Re: GPL vs BSD Licence

2004-10-29 Thread TM4525
In a message dated 10/28/04 9:16:02 PM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
   But then, I'm not sure (and I mean it) if there can be any piece of
 software which, if designed for e.g. Linux, can be written w/o using any
 system headers, libraries or whatsoever.
--

I find it impossible for any reasonable person to believe that, by making its
header files available  an O/S vendor therefore owns the rights to anything 
that runs on, or interoperates with the O/S. So Microsoft owns Photoshop.
And Netscape too. So why are they fighting?

Its been fairly well established that Lawyers know a lot about law but not
much about computing. You can't apply copyright law verbatim  to an 
operating system,  because unlike a written work, the operating systems 
entire purpose is to provide hooks for external applications and device 
drivers. Claiming that anything that works with it is a derivative is, 
quite 
simply, ridiculous.

The GPL is a myth. It will never be tested because if it is, it will lose all 
of 
its teeth. Its much more useful in a speculative state.
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Re: GPL vs BSD Licence

2004-10-29 Thread TM4525
In a message dated 10/29/04 2:12:21 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
 Linus is just a big dope anyway, so who cares what he thinks? He's like
 Kerry. He thinks whatever is convenient for him to think at the time.

And RMS is a lot like Bush who says whatever is convenient for him to
say at the time.

There - now we got the election dragged in!  Shall we try for the Nazi's?
;-)

Nah, we'll make the Jewish people uncomfortable. Lets talk about the French.
Everyone hates the French.
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Re: GPL vs BSD Licence

2004-10-29 Thread TM4525
In a message dated 10/29/04 12:38:10 PM Eastern Daylight Time, [EMAIL PROTECTED] 
writes:

  The GPL and Linux don't care if you link into their system libraries,
  they expect that which is why the system libraries are LGPLd
...
 If I write a piece of code that uses a defined interface, it's utterly
 preposterous to argue that it is derivative from an *implementation* of that
 interface, since it could be used with *any* implementation of that
 interface.
Its equally preposterous for the GPLers to claim that anything that works
with any O/S is owned by the owner of the OS as a derivative work. But 
they do, and they will, because it suits them.
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Re: GPL vs BSD Licence

2004-10-29 Thread Chad Leigh -- Shire.Net LLC
On Oct 29, 2004, at 1:10 PM, [EMAIL PROTECTED] wrote:
In a message dated 10/29/04 12:38:10 PM Eastern Daylight Time, 
[EMAIL PROTECTED]
writes:

The GPL and Linux don't care if you link into their system libraries,
they expect that which is why the system libraries are LGPLd
...
If I write a piece of code that uses a defined interface, it's 
utterly
preposterous to argue that it is derivative from an *implementation* 
of that
interface, since it could be used with *any* implementation of that
interface.
Its equally preposterous for the GPLers to claim that anything that 
works
with any O/S is owned by the owner of the OS as a derivative work. 
But
they do, and they will, because it suits them.
It is not just the GPL folks.  SCO is doing the same thing to IBMs 
code.  Code totally removed from SCOs SysVR4 code is being claimed by 
SCO as a derivative work.

I am not trying to open up a discussion on SCO.  Just to point out that 
this phenomenon is not restricted to the GPL fanatics.

Chad
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Re: GPL vs BSD Licence

2004-10-29 Thread TM4525
In a message dated 10/29/04 3:54:44 PM Eastern Daylight Time, [EMAIL PROTECTED] 
writes:
 Its equally preposterous for the GPLers to claim that anything that 
 works
 with any O/S is owned by the owner of the OS as a derivative work. 
 But
 they do, and they will, because it suits them.

It is not just the GPL folks.  SCO is doing the same thing to IBMs 
code.  Code totally removed from SCOs SysVR4 code is being claimed by 
SCO as a derivative work.

I am not trying to open up a discussion on SCO.  Just to point out that 
this phenomenon is not restricted to the GPL fanatics.
The whole SCO vs IBM mess is an illustration of just how goofy the entire
GPL is. IBM claims that they have standing to sue over LINUX because they've
made contributions. But since contributions are derivative works, then 
they shouldn't have any copyright. So does everyone who has contributed 
to linux have standing to sue then?

Of course, I think device drivers and modules are different. The entire 
purpose
of the device driver/module interface is to make add-ons possible without
having to modify the kernel. The concept that they are also derivative works
is nonsense.
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RE: GPL vs BSD Licence

2004-10-29 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED]
 Sent: Friday, October 29, 2004 5:58 AM
 To: [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence


 The FSF doesnt have standing with Linux so they can blow as hard as
 they like and no one will really care.

Um, no I'm afraid it's not that simple.

The FSF has publically stated that they will not 'go to bat' in a legal
sense over GPL violations of non-FSF copyrighted code.  In other words
you are correct in that nobody cares what the FSF says about violations
of the GPL license on Linux, because the FSF doesen't hold copyright
on Linux.

However, all it would take is someone to write a really useful part of
the Linux kernel, and transfer copyright ownership over to the FSF.
In that case an infringement against that section would draw them
in.  The FSF may already hold copyright with a kernel section or a Linux LKM
already, even.


 Linus has stated that, if software was written for a different
 O/S and was
 ported to linux, its not a derivative work and binary modules are
 acceptable and don't have to be GPLed


This is an extreme simplification.  For starters, binary modules like
drivers are going to interface to LGPL code and so won't be affected.
And, full-blown applications don't link into the kernel and as long
as they don't link into GPL'd libraries, they won't be affected
either.  None of this has anything to do with what Linus 'says'  Linus
is not the final arbitrator of what the GPL says, and what it
requires software developers to do.  Only a court can do that.

In any case, software that was written for a different O/S would
have already dealt with any GPL issues long before a port to Linux
would have taken place.  Statements like this that Linus makes
are pure FUD-busting PR, and aren't any kind of legal direction.

 Again, the reality is that none of this (the existence of some
 products that
 exist as binary modules) harm the community. They offer choices for users,
 and the more choices the better. What a horrible place the world would be
 without TiVo (who never would have done the work if they couldn't
 protect it)


Yah, people might actually have to READ a book instead of watching the
TV.  What horrors!!

Ted

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RE: GPL vs BSD Licence

2004-10-29 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED]
 Sent: Friday, October 29, 2004 7:23 AM
 To: [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence
 
 
 The GPL is a myth. It will never be tested because if it is, it 
 will lose all 
 of 
 its teeth. Its much more useful in a speculative state.

I don't believe that the GPL will never be tested in court.  In fact
I think that the FSF is really wanting to see it tested in court
so that it gains some legitimacy.  But I think that they are
waiting for the right case to come along - one that would be so
obviouly favorable to them that they would almost be guarenteed
to win it.

Ted

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Re: GPL vs BSD Licence

2004-10-28 Thread Matthew Seaman
On Thu, Oct 28, 2004 at 12:15:17AM +0100, nbco wrote:
 On Wednesday 27 October 2004 23:12, [EMAIL PROTECTED] wrote:

  Are people who have written custom GUI front ends for Linux stealing?
  They're not stealing, they are getting paid for the value that
  they've added. Are people that sell bottled water stealing? No one is
  forcing you to pay for water. But its been cleaned and nicely
  packaged and it fits in your cupholder, so you buy it.

 I have to say I generally really approve of TM4525's  attitude,  but on 
 this one, you can't fool all of the people all of the time...
 http://news.bbc.co.uk/1/hi/uk/3523303.stm
 coca cola no longer sells water in England, even though it be real 
 purdy, the punters, don't buy it.

This is getting way off topic for [EMAIL PROTECTED] (therefore
Reply-to: set to [EMAIL PROTECTED] ).

Dasani water had to be withdrawn because Coca Cola's purification
process resulted in the water being contaminated with unacceptable
levels of bromate.  Bromate is a potential carcinogen, although it
takes long term, chronic exposure to have that effect.

http://news.bbc.co.uk/1/hi/business/3550063.stm

Result -- Dasani is a joke and rapidly becoming a byword for corporate
greed, stupidity and the misplaced belief that all you need is a
marketing campaign and that it's perfectly OK to treat your customers
with contempt.

All of which was a particularly dumb move by Coca Cola, especially as
they only suffered from the bromate contamination by trying to add
calcium to the (already perfectly good) water supplied by Thames
Water.  The ironic thing is that within parts of it's area of
operations, Thames Water supplies what must be the most calcium rich
tap water supply anywhere in the country.  Unfortunately for Coca Cola
that water is already on the market:

http://www.chilternhills.co.uk/

Although it's noticably not present in the shops round here: that's
because it comes out of the taps at about 1/1000 of the price of
bottled water.

Cheers,

Matthew

-- 
Dr Matthew J Seaman MA, D.Phil.   26 The Paddocks
  Savill Way
PGP: http://www.infracaninophile.co.uk/pgpkey Marlow
Tel: +44 1628 476614  Bucks., SL7 1TH UK


pgpk0ooR4UI03.pgp
Description: PGP signature


Re: GPL vs BSD Licence

2004-10-28 Thread TM4525
In a message dated 10/28/04 4:49:28 PM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
  I don't think that Allot modifies the Linux kernel. I wouldn't expect 
them to do so and I don't see an obvious reason why they should (*). 
Obviously some of their custom stuff needs to run inside kernel, but I 
rather think they enhance the kernel with some loadable modules or 
whatever (does Linux have KLDs?).
Then you either know nothing about programming or nothing about their
products. Do you think they do gigabit bandwidth management, with 
features not in the kernel, from user space? Plus, if they were using an
unmodified kernel, why not provide the source? Put it on the machine.
Whats the harm?

  A while back, I fast-read a post of Linus Torvalds to a mailing list 
saying why he thinks that binary-only enhancements to linux must be GPL 
licenced (and I believed the statemant was discussed on a FreeBSD-list 
also). His argument was that by using the kernel headers your work 
automatically becomes a derived work, thus it needs to be licensed under 
the GPL. I seem to recall the discussion was about nVidia's closed 

Modules use headers and are not GPLed, so clearly you're just
plain wrong.

Linus is just a big dope anyway, so who cares what he thinks? He's like
Kerry. He thinks whatever is convenient for him to think at the time.
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Re: GPL vs BSD Licence

2004-10-28 Thread Thomas Sparrevohn
On Thursday 28 October 2004 22:08, [EMAIL PROTECTED] wrote:

Could you please move the discussion to FreeBSD-chat - now 

 In a message dated 10/28/04 4:49:28 PM Eastern Daylight Time,

 [EMAIL PROTECTED] writes:
   I don't think that Allot modifies the Linux kernel. I wouldn't expect
 them to do so and I don't see an obvious reason why they should (*).
 Obviously some of their custom stuff needs to run inside kernel, but I
 rather think they enhance the kernel with some loadable modules or
 whatever (does Linux have KLDs?).

 Then you either know nothing about programming or nothing about their
 products. Do you think they do gigabit bandwidth management, with
 features not in the kernel, from user space? Plus, if they were using an
 unmodified kernel, why not provide the source? Put it on the machine.
 Whats the harm?

   A while back, I fast-read a post of Linus Torvalds to a mailing list
 
 saying why he thinks that binary-only enhancements to linux must be GPL
 licenced (and I believed the statemant was discussed on a FreeBSD-list
 also). His argument was that by using the kernel headers your work
 automatically becomes a derived work, thus it needs to be licensed under
 the GPL. I seem to recall the discussion was about nVidia's closed

 Modules use headers and are not GPLed, so clearly you're just
 plain wrong.

 Linus is just a big dope anyway, so who cares what he thinks? He's like
 Kerry. He thinks whatever is convenient for him to think at the time.
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RE: GPL vs BSD Licence

2004-10-28 Thread Ted Mittelstaedt


 -Original Message-
 From: Chuck Swiger [mailto:[EMAIL PROTECTED]
 Sent: Wednesday, October 27, 2004 4:14 AM
 To: Ted Mittelstaedt
 Cc: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence


 Ted Mittelstaedt wrote:
 [ ... ]
  You might consider that opensource.org is NOT a BSD site, it was
  setup by Linux people not BSD people.

 Sort of.  The Open Source definition started from Debian guidelines about
 free software.  However, the OSI board has people from various
 organizations
 besides Linux on there, including Sun (Danese Cooper), IBM/the
 Apache project
 (Ken Coar).

 You'll find people lurking from Apple (Ernie Prabhakar), Python/Zope, and
 various other projects.  There seems to be less input from
 BSD-specific people
 besides Apple, true, but the BSD and MIT licenses are much less
 complicated
 than newer licenses and have been around longer, so perhaps
 people here don't
 see much need to spend time debating software license issues.

  There has been little interest from opensource.org in FreeBSD
 or anything
  other than Linux.

 This is not true of most people who are active on the OSI Open
 Source lists.


When BP, ESR and the rest of them mounted their Microsoft attack letter
last year - which garnered huge press - anyone from any of the BSD side
was excluded.  Not a single signatory was from the BSD community.

OSI may appear open towards BSD but when a press photo op comes up
and the big names get trotted out, all
they talk about is Linux.  FreeBSD and the other BSD's are ignored.
It apparently is too difficult for them to actually deal with the
issue that there's an alternative to the GPL, one that Microsoft
happens to endorse.  (ie: the BSD license)  In the OSI's eyes, this
is not a war of open source against closed source.  This is a war
between Linux and Microsoft.


 Besides the OSI, there is the Free Software Foundation, and the Creative
 Commons effort.  Saying that the OSI is not an authoritative
 reference for
 open source is a lot like saying the FSF isn't authoritative on
 what free
 software means.


Saying that OSI is more authoratative on the subject of BSD licenses
than FreeBSD .org is a lot like saying that RMS is reasonably open about his
positions, his goals, and the methods he uses to achieve them. ;-)

Ted

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RE: GPL vs BSD Licence

2004-10-27 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED]
 Sent: Tuesday, October 26, 2004 10:45 AM
 To: [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence
 
 
 In a message dated 10/26/04 2:32:58 AM Eastern Daylight Time, 
 [EMAIL PROTECTED] writes:
 Actually a more interesting example is some of the Linksys routers
 do indeed use an embedded Linux along with Zebra as the routing engine.
 
 Ted
  Or Allot communications, who openly advertise the use of linux, but do 
 not make source available to an obviously modified kernel.. I 
 believe they 
 claim that the GPL is optional. 

Heh - didn't know about that one.  Why doesen't someone ask Linus when
he's going to sue over copyright infringement, next time he spouts
about the GPL.

This is yet another example of the GPL license flaw.  While any of the
copyright holders of the Linux kernel could sue Allot, if they don't,
it pretty much builds evidence that is going to help those that
would argue that the GPL is uninforceable.

There's been a couple of other GPL cases like this - of infringement
that is being ignored.  One of these days I'm going to have to gather
up all these and write an article on it.

Ted
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RE: GPL vs BSD Licence

2004-10-27 Thread Ted Mittelstaedt


 -Original Message-
 From: Danny MacMillan [mailto:[EMAIL PROTECTED]
 Sent: Tuesday, October 26, 2004 11:24 AM
 To: Ted Mittelstaedt
 Cc: Graham Bentley; [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence


 I will preface my reply with the following disclaimer:  I am no
 lawyer.  However as it's clear that you're not either, it makes
 little practical difference.

 On Tue, Oct 26, 2004 at 01:51:02AM -0600, Ted Mittelstaedt wrote:
 
  ...
 
  What is ignored is that the GPL contains a loophole - it DOES allow
  itself to be violated by a very specific person - the code copyright
  holder.

 There is no violation.  The copyright holder is the licensor, not the
 licensee.  No one needs a license to use the materials to which she
 holds the copyright.  A license is used to grant (usually limited)
 rights to people who do not hold the copyright.  The copyright holder,
 by definition, has those rights and does not need them to be assigned.


It is a violation of the intent of the GPL license, not a legal violation
of copyright rights.  You are correct in that, I should have made this
more clear.

  The reason is that the GPL is a license that DOES NOT CHANGE the
  copyright.

 No license changes the copyright; see below.

  In short, if you apply the real live BSD license to your code, you
  are explicitly transferring your copyright to the Regents of the
  University of California.

 This is nonsense.  Copyright assignment and licensing are separate and
 discrete.  You certainly can assign your copyright to the Regents if you
 wish.  This has no doubt been done.  However, you can assign your
 copyright to anyone you wish, regardless of the license that is used.

No, not for the BSD license, if you are using the term BSD license
as it is understood by most people.  You do know what
the B in BSD stands for, right?

I didn't say the FreeBSD license or a BSD-like license.

Granted, from a legal perspective licensing and copyright assignment
are separate.  But, what the public understands as BSD licensed code
is just that - code licensed by Berkeley.  Copyright assignment to
UCB is implicit here.

Truthfully, the term BSD license is slang anyway.  You will note
on the following:

http://www.freebsd.org/copyright/index.html

that the FreeBSD project uses the legally correct term BSD Copyright.

 In fact, the instant you assign your copyright you no longer have the
 right to decide under what license the copyrighted material will be
 provided (if at all), although when assigning to the Regents BSD is
 a pretty safe bet.  Furthermore, licensing material under the BSD
 license does not imply that the copyright will be transferred to
 the Regents.  The copyright holder is identified at the top of the
 BSD license; this information is important as it identifies the
 licensor, one party to the agreement represented by the license.
 For material you wrote, you are the copyright holder unless and until
 you explicitly assign the copyright to another entity, or you're under
 some agreement with someone (with your employer, for example) that
 causes the copyright for the product of your work to belong to them.
 Identifying the Regents as the copyright holder at the top of a BSD
 license pertaining to material you wrote probably is legally
 sufficient to transfer the copyright to them, but you are not
 obligated to identify them as the copyright holder or relinquish
 your copyright just to use the BSD license.

 I refer you to the license itself:

 http://www.opensource.org/licenses/bsd-license.php

 Note the placeholder for owner.


You might consider that opensource.org is NOT a BSD site, it was
setup by Linux people not BSD people.  There has been little interest
from opensource.org in FreeBSD or anything other than Linux.  In
fact, they are so bigoted that Bruce Perens, who was one of the
founders of OSI, got completely disgusted with them and left.
Details of this were documented in an interview Bruce did for
the September 2001 issue of Linux Magazine, pages 35-38

You would get far better information about the BSD license from
a BSD-related site, like the FreeBSD link I supplied above.

 I fully expect you to argue that a BSD license that does not identify
 the Regents of the University of California is not the real live
 BSD license.  I would disagree.  By what criteria can an authentic
 BSD license be distinguished from lesser imitations?  I doubt that
 whether the Regents are the licensor are not is a criteria in common
 use -- see above web site, which is about as authoritative a
 reference as exists for free and open source licenses.  It's also
 instructive to peruse the source code for the ostensibly BSD-licensed
 FreeBSD operating system and see who holds the copyright.


I would argue this because it's true.  You saying that a BSD
license is the same thing as a BSD-like license is simply
false.  And FreeBSD already has made it's statements regarding
the source code copyright statements, as detailed

RE: GPL vs BSD Licence

2004-10-27 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Gert Cuykens
 Sent: Tuesday, October 26, 2004 9:59 PM
 To: [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED]
 Subject: Re: GPL vs BSD Licence
 
 
 If you buy a product what would you want ? A pretty box or pretty
 software ? Finishing the product is just marketing and trying to make
 a very pretty box to put the software in.

No, not exactly.  It's more than just a box and marketing.  It is
support also.

 When something is open
 source and you want to sell it you are forced to make it the best
 peace of code out there.

Or, you are forced to provide support for it.  Or both.

 Its what i call healthy competition. For me
 open source translates into If you think you can do better be my
 guest Finishing a product and making it closed source is just plain
 wrong. Its  like stealing from the church basket. Every body shares
 something and you want to take it and keep it for your self.


Perhaps this is true in some cases, but not all.

Take for example the development of the TCP/IP stack.   When BSD came
out with TCP/IP networking, there were a lot of companies that
finished it and then made their finished product closed-source.

But, if you think about it, this WASN'T a bad thing!  In fact, it
was a very good thing!  Because what this did is it created a situation
where practically all vendor's implementations of TCP/IP worked
very well with each other.  This of course, promoted the rapid
spread of TCP/IP, which gave UNIX a big leg up.

It is fair to say I think that if the Internet had been developed
around some other protocol than TCP/IP that was NOT native to
UNIX, that we would not see the prevalence of UNIX webservers on
the Internet that we do.

I think that in MOST cases, even the people that finish an open
source product then sell it and keep their mods to themselves,
they are contributing back to the open source.  Granted much less
than people who share.  But, the fact that the product exists at
all helps the open source package.

When Apple selected FreeBSD as the base for Darwin and MacOS X, it
gave a huge amount of legitimacy to FreeBSD.  Most of the major
FreeBSD developers went to work for Apple, as a matter of fact,
and while Apple didn't contribute a flood of code back into
FreeBSD, I am sure that a goodly amount of FreeBSD development
that we don't know about takes place on Apple company time.  But,
it helps because if you go in today to pitch a FreeBSD solution,
bringing up the Apple tie can help you to get the deal.  Also,
many MacOS users who graduated to MacOS X once they got over the
initial learning curve of the operating system, they have got more
interested in UNIX.  I would suspect that we will see some of
those folks start to make some contributions back to FreeBSD or
to UNIX software in general.

And of course, don't forget all the commercial software vendors
who were previously selling MacOS applications, now those folks
are porting or have ported their stuff to MacOS X.  It's a lot
easier to go from MacOX X to UNIX, then from MacOS Classic to
UNIX.

So, don't knock this kind of thing when you see it happen, just
keep in mind that there are always going to be some benefits, 
perhaps not just that visible.

Ted
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Re: GPL vs BSD Licence

2004-10-27 Thread Chuck Swiger
Ted Mittelstaedt wrote:
[ ... ]
You might consider that opensource.org is NOT a BSD site, it was
setup by Linux people not BSD people.
Sort of.  The Open Source definition started from Debian guidelines about 
free software.  However, the OSI board has people from various organizations 
besides Linux on there, including Sun (Danese Cooper), IBM/the Apache project 
(Ken Coar).

You'll find people lurking from Apple (Ernie Prabhakar), Python/Zope, and 
various other projects.  There seems to be less input from BSD-specific people 
besides Apple, true, but the BSD and MIT licenses are much less complicated 
than newer licenses and have been around longer, so perhaps people here don't 
see much need to spend time debating software license issues.

There has been little interest from opensource.org in FreeBSD or anything
other than Linux.
This is not true of most people who are active on the OSI Open Source lists.
In fact, they are so bigoted that Bruce Perens, who was one of the
founders of OSI, got completely disgusted with them and left.
Details of this were documented in an interview Bruce did for
the September 2001 issue of Linux Magazine, pages 35-38
Perhaps so.  There are some people there who cross the line into rabid Linux 
evangelism, but you can find OS zealots pretty much anywhere.  Nevertheless, I 
got the impression that the issue you refer to had more to do with a personal 
conflict between Bruce Perens and ESR.

You would get far better information about the BSD license from
a BSD-related site, like the FreeBSD link I supplied above.
Larry Rosen provides legal services for them, and he knows his stuff.
The Open Source Initiative is not about as authoritative a
reference as exists for free and open source licenses  It is
a political PR machine that exists to keep Eric Raymond able
to command expensive speaking fees from ignorant people
who don't know any better.
Besides the OSI, there is the Free Software Foundation, and the Creative 
Commons effort.  Saying that the OSI is not an authoritative reference for 
open source is a lot like saying the FSF isn't authoritative on what free 
software means.

No doubt ESR has his own agenda, but he is reasonably open about his 
positions, his goals, and the methods he uses to achieve them.

--
-Chuck
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Re: GPL vs BSD Licence

2004-10-27 Thread TM4525
In a message dated 10/27/04 4:49:54 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
This is yet another example of the GPL license flaw.  While any of the
copyright holders of the Linux kernel could sue Allot, if they don't,
it pretty much builds evidence that is going to help those that
would argue that the GPL is uninforceable.

There's been a couple of other GPL cases like this - of infringement
that is being ignored.  One of these days I'm going to have to gather
up all these and write an article on it.
^-

A problem with suing a company with a team of lawyers is that is will
cost you a fortune, and what do you get? They have to agree not to
sell it anymore? Its a pretty big project proving the validity of a license
thats never really been seriously tested. You can't really claim damages 
if you have no intention of making money as a basic premise (and 3 
times nothing is nothing). So they probably figure no one is going to do it.
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Re: GPL vs BSD Licence

2004-10-27 Thread TM4525
In a message dated 10/27/04 12:59:24 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
If you buy a product what would you want ? A pretty box or pretty
software ? Finishing the product is just marketing and trying to make
a very pretty box to put the software in. When something is open
source and you want to sell it you are forced to make it the best
peace of code out there. Its what i call healthy competition. For me
open source translates into If you think you can do better be my
guest Finishing a product and making it closed source is just plain
wrong. Its  like stealing from the church basket. Every body shares
something and you want to take it and keep it for your self.
^

I want :

1) a product thats finshed. Not with a long TODO list of basic features
2) a product that is bulletproof (or near so), that doesnt have only
25% of cases tested
3) a product that I don't have to spend 3 weeks of my time (@$300/hr)
to get to the point that I can use it
4) a product where I have a contact that I can ask questions, and that
I can expect to get obviously broken things fixed

Any marginal programmer can write programs that do stuff. Getting people
to be willing to pay for it is an entirely different level of talent and work.
Its not just marketing. Marketing comes AFTER you have a product.

Are people who have written custom GUI front ends for Linux stealing? 
They're not stealing, they are getting paid for the value that they've added.
Are people that sell bottled water stealing? No one is forcing you to pay
for water. But its been cleaned and nicely packaged and it fits in your
cupholder, so you buy it.
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Re: GPL vs BSD Licence

2004-10-27 Thread nbco
On Wednesday 27 October 2004 23:12, [EMAIL PROTECTED] wrote:
 In a message dated 10/27/04 12:59:24 AM Eastern Daylight Time,

 [EMAIL PROTECTED] writes:
 If you buy a product what would you want ? A pretty box or pretty
 software ? Finishing the product is just marketing and trying to
  make a very pretty box to put the software in. When something is
  open source and you want to sell it you are forced to make it the
  best peace of code out there. Its what i call healthy competition.
  For me open source translates into If you think you can do better
  be my guest Finishing a product and making it closed source is
  just plain wrong. Its  like stealing from the church basket. Every
  body shares something and you want to take it and keep it for your
  self.
snip
 Are people who have written custom GUI front ends for Linux stealing?
 They're not stealing, they are getting paid for the value that
 they've added. Are people that sell bottled water stealing? No one is
 forcing you to pay for water. But its been cleaned and nicely
 packaged and it fits in your cupholder, so you buy it.
I have to say I generally really approve of TM4525's  attitude,  but on 
this one, you can't fool all of the people all of the time...
http://news.bbc.co.uk/1/hi/uk/3523303.stm
coca cola no longer sells water in England, even though it be real 
purdy, the punters, don't buy it.
.nbco
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RE: GPL vs BSD Licence

2004-10-26 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Dennis Koegel
 Sent: Monday, October 25, 2004 1:21 AM
 To: Philipp Huber
 
 Because Juniper, for example, are perfectly free to decide against
 making their changes to the (in this case) FreeBSD code available
 anyone at all.

You do realize, don't you, that the interesting part of a Juniper
is the microcode in their DSP routing engine.  FreeBSD is only used
to control the routing engine in a Juniper router, it isn't used AS
the routing engine.

I really doubt that anything Juniper has done to FreeBSD would be
of much interest to anyone other than Cisco Systems, and Cisco would
only be interested in it as a way of finding out weaknesses in Juniper
routers that they could market against.

Actually a more interesting example is some of the Linksys routers
do indeed use an embedded Linux along with Zebra as the routing engine.

Ted
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Re: GPL vs BSD Licence

2004-10-26 Thread Dennis Koegel
On Mon, Oct 25, 2004 at 11:32:04PM -0700, Ted Mittelstaedt wrote:
  Because Juniper, for example [...]
 
 You do realize, don't you, that the interesting part of a Juniper
 is the microcode in their DSP routing engine.  FreeBSD is only used
 to control the routing engine in a Juniper router, it isn't used AS
 the routing engine.

Of course I do realize that. It was merely an example, apparently not
the best one. It's their choice to do or don't, that's all I said.

(For terminology: The i386 part with FreeBSD is the routing engine, the
awesome hardware is the forwarding engine).

And now I need to digest this Linksys + Zebra mixture... ;-)

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RE: GPL vs BSD Licence

2004-10-26 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Graham Bentley
 Sent: Monday, October 25, 2004 12:41 AM
 To: [EMAIL PROTECTED]
 Subject: GPL vs BSD Licence



 Hi List !

 Perusing the Internet the other day I came across a short
 interview with Linus Torvalds from a while back. He was
 asked about the GPL vs BSD Licence.

 As I dont fully understand the development process I was
 wondering if anyone could comment on his reply below?

 I (mis?)interpret this as follows :-

 If you use some BSD code in some project that you turn into
 proprietry code you just need to include the appropriate
 acknowledgement statements -

No.  Once again, the acknowledgement clause was revoked a long time
ago because of bigots like him spouting their mouths.  It's ironic
that the very idiots that the acknowledgement clause was revoked for
still don't understand it's revoked.

 but you can exclude
 anyone from using that new code / solution.


Yes.  Since there's no obligation to publish, that is how this is
done.  Of course, someone could reverse engineer your code.

 With the GPL you are explicitly giving away your right to do this
 whilst at the same time leaving a the door open for others if they
 want to use your code / solution.


Absolutely wrong.

What is ignored is that the GPL contains a loophole - it DOES allow
itself to be violated by a very specific person - the code copyright
holder.

The reason is that the GPL is a license that DOES NOT CHANGE the
copyright.

In short, if you apply the real live BSD license to your code, you
are explicitly transferring your copyright to the Regents of the
University of California.  The Regents have committed to NOT selling
that copyright to some commercial entity.  In fact, years ago
the Regents actually sold BSD source licenses, Sun and HP were among the
licensees, as a way of making money.  This was back when CSRG was still
viable.  Today, there's no commercial viability for the UCB source
license, due to the whole issue with the ATT lawsuit and subsequent
BSD Lite release, and also because FreeBSD is really where the action
has been at for a long time, not UCB.

By contrast the GPL concerns itself with REDISTRIBUTION not copyright.
You are free to take your code and release it with a GPL license
and your OWN copyright applied.

Yes, people can use your GPL-licensed code in their products as long as they
make their changes available.

But what is frequently forgotten is that YOU are STILL able to license
out your code to commercial entities.

This is how mySQL makes money.  Licensees of the mysql code - and there
are more than you think - pay MySQL AB and do NOT make improvements that
they make, public under GPL.

This financial fact of life is not unknown by most GPL developers.

Also note the following in the Linux kernel itself - for example, 2.6.9 in
the
file COPYING:

 Also note that the GPL below is copyrighted by the Free Software
 Foundation, but the instance of code that it refers to (the Linux
 kernel) is copyrighted by me and others who actually wrote it.

In short, Linus Torvalds owns copyright on the Linux kernel used in
Linux.  He is legally free to license a copy of the Linux kernel
to any commercial entity.  Granted, he cannot license out any files
of the Linux kernel that he himself didn't write.  And of course,
an OS is so complex and has so many files, that it would be likely
that a purely Linus Torvalds kernel would be unrunnable. (at lest
the kernel of today)

But in theory he could take his code and license it to some UNIX
vendor separately, he is not obligated to license new versions of
it under the GPL.

Now, you might think So what, Linus will never do this

But, what if he dies of a heart attack tomorrow?  Well, his copyright
of Linux is property that will exist for another 70 years.  What happens
if some company like SCO Group comes along and offers Linus's heirs
a million dollars to purchase the Linux kernel copyright?  Do you
think they wouldn't sell?

Sure, the GPL'd version of the kernel is still out there.  But, the
copyright owner could make hay with the subsequent confusion.

These issues are NOT speculative and are NOT unknown by the Free Software
Foundation, who is the copyright holder of the GPL license itself.
In fact, the FSF advises authors to transfer copyright rights of their
work to the FSF to avoid these problems.

But, very few have done so.  It appears most GPL license proponents
who write code they put under the GPL are more than willing to blather
on about how great the GPL is, but when it comes to putting their
money where their mouth is, they are unwilling to back up what they
say.

The day that Linuc transfers his Linux copyright to the FSF I will
start respecting what he has to say about licensing.  Until then,
what he is saying is pure bullshit.

Ted Mittelstaedt

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Re: GPL vs BSD Licence

2004-10-26 Thread TM4525
In a message dated 10/26/04 2:32:58 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
Actually a more interesting example is some of the Linksys routers
do indeed use an embedded Linux along with Zebra as the routing engine.

Ted
 Or Allot communications, who openly advertise the use of linux, but do 
not make source available to an obviously modified kernel.. I believe they 
claim that the GPL is optional. 
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Re: GPL vs BSD Licence

2004-10-26 Thread Danny MacMillan
I will preface my reply with the following disclaimer:  I am no
lawyer.  However as it's clear that you're not either, it makes
little practical difference.

On Tue, Oct 26, 2004 at 01:51:02AM -0600, Ted Mittelstaedt wrote:
 
 ...
 
 What is ignored is that the GPL contains a loophole - it DOES allow
 itself to be violated by a very specific person - the code copyright
 holder.

There is no violation.  The copyright holder is the licensor, not the
licensee.  No one needs a license to use the materials to which she
holds the copyright.  A license is used to grant (usually limited)
rights to people who do not hold the copyright.  The copyright holder,
by definition, has those rights and does not need them to be assigned.

 The reason is that the GPL is a license that DOES NOT CHANGE the
 copyright.

No license changes the copyright; see below.

 In short, if you apply the real live BSD license to your code, you
 are explicitly transferring your copyright to the Regents of the
 University of California.

This is nonsense.  Copyright assignment and licensing are separate and
discrete.  You certainly can assign your copyright to the Regents if you
wish.  This has no doubt been done.  However, you can assign your
copyright to anyone you wish, regardless of the license that is used.
In fact, the instant you assign your copyright you no longer have the
right to decide under what license the copyrighted material will be
provided (if at all), although when assigning to the Regents BSD is
a pretty safe bet.  Furthermore, licensing material under the BSD
license does not imply that the copyright will be transferred to
the Regents.  The copyright holder is identified at the top of the
BSD license; this information is important as it identifies the
licensor, one party to the agreement represented by the license.
For material you wrote, you are the copyright holder unless and until
you explicitly assign the copyright to another entity, or you're under
some agreement with someone (with your employer, for example) that
causes the copyright for the product of your work to belong to them.
Identifying the Regents as the copyright holder at the top of a BSD
license pertaining to material you wrote probably is legally
sufficient to transfer the copyright to them, but you are not
obligated to identify them as the copyright holder or relinquish
your copyright just to use the BSD license.

I refer you to the license itself:

http://www.opensource.org/licenses/bsd-license.php

Note the placeholder for owner.

I fully expect you to argue that a BSD license that does not identify
the Regents of the University of California is not the real live
BSD license.  I would disagree.  By what criteria can an authentic
BSD license be distinguished from lesser imitations?  I doubt that
whether the Regents are the licensor are not is a criteria in common
use -- see above web site, which is about as authoritative a
reference as exists for free and open source licenses.  It's also
instructive to peruse the source code for the ostensibly BSD-licensed
FreeBSD operating system and see who holds the copyright.

Most of the rest of your arguments, being based on this fallacy, is
invalid.  To the extent that your arguments against the GPL are
valid, they are equally valid arguments against the BSD license.

 
 ...
 
 In short, Linus Torvalds owns copyright on the Linux kernel used in
 Linux.  He is legally free to license a copy of the Linux kernel
 to any commercial entity.  Granted, he cannot license out any files
 of the Linux kernel that he himself didn't write.  And of course,
 an OS is so complex and has so many files, that it would be likely
 that a purely Linus Torvalds kernel would be unrunnable. (at lest
 the kernel of today)
 
 But in theory he could take his code and license it to some UNIX
 vendor separately, he is not obligated to license new versions of
 it under the GPL.
 
 Now, you might think So what, Linus will never do this
 
 But, what if he dies of a heart attack tomorrow?  Well, his copyright
 of Linux is property that will exist for another 70 years.  What happens
 if some company like SCO Group comes along and offers Linus's heirs
 a million dollars to purchase the Linux kernel copyright?  Do you
 think they wouldn't sell?
 
 Sure, the GPL'd version of the kernel is still out there.  But, the
 copyright owner could make hay with the subsequent confusion.
 
 These issues are NOT speculative and are NOT unknown by the Free Software
 Foundation, who is the copyright holder of the GPL license itself.
 In fact, the FSF advises authors to transfer copyright rights of their
 work to the FSF to avoid these problems.

Ah, so your point is that people should transfer their copyrights to an
organization dedicated to keeping the code free.  Well, maybe they should,
but that has nothing to do with which license is used.

 But, very few have done so.  It appears most GPL license proponents
 who write code they put under the GPL are more than 

Re: GPL vs BSD Licence

2004-10-26 Thread TM4525
In a message dated 10/26/04 2:26:45 PM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
 Foundation, who is the copyright holder of the GPL license itself.
 In fact, the FSF advises authors to transfer copyright rights of their
 work to the FSF to avoid these problems.

Ah, so your point is that people should transfer their copyrights to an
organization dedicated to keeping the code free.  Well, maybe they 
should,but that has nothing to do with which license is used.

I think they both have it wrong. If you want to donate your code to 
the general community, make it available with no restrictions. The
entire concept of here, use my crappy code but don't make any
money off of it is totally lame. If someone takes it and doesn't 
give away the changes it doesn't diminish the original contribution. 
Its still there. 

Finishing a product is what has value. Anyone can write code that does
this or that. Making it into something that someone is willing to pay 
for is what has value. And the more products that are available, the
better off the community is. Even if they're not free. You still have 
the choice of paying for it or not. And you still have the original
contribution to change as you please.
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Re: GPL vs BSD Licence

2004-10-26 Thread Gert Cuykens
On Tue, 26 Oct 2004 14:50:16 EDT, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:
 In a message dated 10/26/04 2:26:45 PM Eastern Daylight Time,
 [EMAIL PROTECTED] writes:
  Foundation, who is the copyright holder of the GPL license itself.
  In fact, the FSF advises authors to transfer copyright rights of their
  work to the FSF to avoid these problems.
 
 Ah, so your point is that people should transfer their copyrights to an
 organization dedicated to keeping the code free.  Well, maybe they
 should,but that has nothing to do with which license is used.
 
 I think they both have it wrong. If you want to donate your code to
 the general community, make it available with no restrictions. The
 entire concept of here, use my crappy code but don't make any
 money off of it is totally lame. If someone takes it and doesn't
 give away the changes it doesn't diminish the original contribution.
 Its still there.
 
 Finishing a product is what has value. Anyone can write code that does
 this or that. Making it into something that someone is willing to pay
 for is what has value. And the more products that are available, the
 better off the community is. Even if they're not free. You still have
 the choice of paying for it or not. And you still have the original
 contribution to change as you please.
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If you buy a product what would you want ? A pretty box or pretty
software ? Finishing the product is just marketing and trying to make
a very pretty box to put the software in. When something is open
source and you want to sell it you are forced to make it the best
peace of code out there. Its what i call healthy competition. For me
open source translates into If you think you can do better be my
guest Finishing a product and making it closed source is just plain
wrong. Its  like stealing from the church basket. Every body shares
something and you want to take it and keep it for your self.
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GPL vs BSD Licence

2004-10-25 Thread Graham Bentley

Hi List !

Perusing the Internet the other day I came across a short
interview with Linus Torvalds from a while back. He was
asked about the GPL vs BSD Licence. 

As I dont fully understand the development process I was 
wondering if anyone could comment on his reply below?

I (mis?)interpret this as follows :-

If you use some BSD code in some project that you turn into
proprietry code you just need to include the appropriate 
acknowledgement statements - but you can exclude 
anyone from using that new code / solution.

With the GPL you are explicitly giving away your right to do this 
whilst at the same time leaving a the door open for others if they 
want to use your code / solution.

Sorry if this has been discussed at length before on the list
but I think its an intersting topic and would welcome
enlightenment.

--- snip ---

Q: Do you ever wish you'd opted for a BSD-style license instead
of the GPL?

LT: Absolutely not. I personally think that the BSD license is a dead 
end for serious projects, since it inevitably results in forking with no 
way to re-join if it becomes commercially viable.

Forking a project is in my opinion hugely important, since forks are 
how all real development gets done, and the ability to fork keeps 
everybody honest (i.e. if you don't do a good job and keep your 
users happy, they can always fork the project and go on their own)
But equally important is the ability to join back forks, when/if some 
group finds the right solution to a problem. And that's where the 
GPL comes in: you can really think of the whole license as nothing 
more than a requirement to be able to re-join a forked project from 
either side.

-- snip ---

Edit: Apache/FreeBSD seem to have come along way 
for a 'non-serious projects' :)







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Re: GPL vs BSD Licence

2004-10-25 Thread Philipp Huber
 But equally important is the ability to join back forks, when/if some 
 group finds the right solution to a problem. And that's where the 
 GPL comes in: you can really think of the whole license as nothing 
 more than a requirement to be able to re-join a forked project from 
 either side.

i don't really get what the gpl or bsd license has to do with rejoining
forks. why shouldn't bsd licensed projects be able to refork in case...

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Re: GPL vs BSD Licence

2004-10-25 Thread Dennis Koegel
On Mon, Oct 25, 2004 at 09:44:36AM +0200, Philipp Huber wrote:
  But equally important is the ability to join back forks, when/if some 
  group finds the right solution to a problem. And that's where the 
  GPL comes in: you can really think of the whole license as nothing 
  more than a requirement to be able to re-join a forked project from 
  either side.
 
 i don't really get what the gpl or bsd license has to do with rejoining
 forks. why shouldn't bsd licensed projects be able to refork in case...

Because Juniper, for example, are perfectly free to decide against
making their changes to the (in this case) FreeBSD code available
anyone at all.

For them, that may be a positive thing, because they don't have to open
their work for the competition. But this is exactly what the GPL is
aiming to avoid.

HTH,
- D.
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Re: GPL vs BSD Licence

2004-10-25 Thread TM4525
In a message dated 10/25/04 4:21:53 AM Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
  But equally important is the ability to join back forks, when/if some 
  group finds the right solution to a problem. And that's where the 
  GPL comes in: you can really think of the whole license as nothing 
  more than a requirement to be able to re-join a forked project from 
  either side.
 
 i don't really get what the gpl or bsd license has to do with rejoining
 forks. why shouldn't bsd licensed projects be able to refork in case...

Because Juniper, for example, are perfectly free to decide against
making their changes to the (in this case) FreeBSD code available
anyone at all.

For them, that may be a positive thing, because they don't have to open
their work for the competition. But this is exactly what the GPL is
aiming to avoid.
---

The lack of foresight of the GPL is that, if Jupiter  had no choice but to 
give away their work, then the work never would have been done, so even
people willing to pay for it wouldn't have it. 

The GPL vs BSD issue is like liberal vs conservative. The liberal plaform 
sounds
good and reasonable to those who don't understand the bigger picture. GPL is
good if you're a programmer or hacker. But the companies that never put their
corporate dollars into projects, because they can't make a profit from them, 
hurts
the community in a different way. Products that would be available for sale 
aren't 
made available. People who can't spin their own don't get things that they 
need 
(which is why most companies use MS stuff). Most companies don't want source,
they want stuff that works.

FreeBSD is a perfect example of a thriving project with BSD licensing. Is 
FreeBSD
a dead end? Is the community worse off because companies like Cayote Point 
and
Emerging Technologies don't give the source to their products? No, because 
those
products never would have been created if they were hindered by the GPL. 
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Liberal vs Conservative [Re: GPL vs BSD Licence]

2004-10-25 Thread Vijay Kaul
Forgive my etiquete, please. Since I'm certainly not answering any  
questions, I felt it appropriate to take this off of questions. Is that  
good form, or have I put the proverbial foot in mouth?

On Mon, 25 Oct 2004 09:47:14 -0400 (EDT), [EMAIL PROTECTED] wrote:
In a message dated 10/25/04 4:21:53 AM Eastern Daylight Time,
[EMAIL PROTECTED] writes:
-- big snip --
The lack of foresight of the GPL is that, if Jupiter  had no choice but  
to
give away their work, then the work never would have been done, so even
people willing to pay for it wouldn't have it.

The GPL vs BSD issue is like liberal vs conservative.
I agree-ish. However, I would say that conservative implies (loosely)  
remaining the same, which is to say, supporting institutions or  
traditions already in place.
On the other hand, liberal, in this case, would mean the opposite:  
unbound by tradition. (liberal also, of course, is anti-authoritarian)
Both licences seem to be liberal, then, in that they break from  
traditional licencing. Look deeper, though, and you see that the BSD  
licence allows further development without restriction, while the GPL  
licence imposes its own tradition, as best it can, in perpetuity.

The liberal plaform
sounds
good and reasonable to those who don't understand the bigger picture.
This was the comment to which I had to reply. I know the GPL/BSD argument  
has been had over and over again. Is GPL free-er or is BSD free-er,  
etc. And, although I did bring it up, I'm sorry :P  I must point out,  
though, that I always considered the BSD licence to be the most liberal  
available. Also, I find it insulting to think that by following a liberal  
platform, I'm missing the bigger picture. In fact, I feel that by  
following the *conservative* GPL licence, many are missing the bigger  
picture: if you attempt to exert any sort of authority over things (code,  
furniture, land, people) you will propigate the notion that authority over  
those things is an acceptable one. By truly relinquishing control over the  
things, you are allowing freedom, as an ideology and practice, to gain  
momentum--not to mention, being quite liberal.

-snip-
FreeBSD is a perfect example of a thriving project with BSD licensing. Is
FreeBSD
a dead end? Is the community worse off because companies like Cayote  
Point
and
Emerging Technologies don't give the source to their products? No,  
because
those
products never would have been created if they were hindered by the GPL.
Absolutely. And maybe, after existing for decades and gaining more and  
more market share, and, therefore, economic value, these companies will  
decide that BSDing their code: is *not* financial suicide, will spur  
innovation, allows them to improve their product cheaply and quickly,  
improves securit, on  on, and so, they will. Instead of forcing the  
licence on these companies, as the GPL would've done, the BSD licence, and  
the success of BSD/Open Source projects, is simply showing the way. If  
that's not a liberal idea, what is?

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Re: Liberal vs Conservative [Re: GPL vs BSD Licence]

2004-10-25 Thread Vijay Kaul
On Mon, 25 Oct 2004 09:52:01 -0500, Vijay Kaul [EMAIL PROTECTED] wrote:
Forgive my etiquete, please. Since I'm certainly not answering any  
questions, I felt it appropriate to take this off of questions. Is  
that good form, or have I put the proverbial foot in mouth?
Ha!!! And then, truly puting said foot in mouth, I post to questions  
anyway! Take that! (oops.)
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