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I have a small question about the GPL..

Started by June 24, 2005 03:59 PM
64 comments, last by GBGames 19 years, 3 months ago
Quote: Original post by Oxyacetylene
No one is forcing companies to build upon GPLed software. They are free to come up with their own solutions, if they don't want to release their source, just as they would have done if GPLed software did not exist.
Immaterial. Most people think the GPL bothers large corporations: ha! The real damage of the GPL is that it adversely affects the individual who wishes to create a piece of complex software and would appreciate a leg up. Large corporations have money and manpower to throw at problems, plus the overwhelming majority of commercial code is used in-house, anyway. I mean, did you ever actually wonder why so many VB programmers were hired in the mid-1990s, or Java programmers in the late 90s - yet we didn't see a corresponding flood of VB and Java products in the market?

Quote: I think in this day and age of companies using restrictive formats, and software patents to restrict our freedoms, we need something like the open source movement to act as a counter balance. Software development thrives on the free sharing of information.
Forced sharing isn't "Free as in speech." Plus, the BSD license predates the GPL, and is far less restrictive. It was in response to this militant, our-way-or-the-highway philosophy that despised all non-socialist software development championed by the FSF/GNU that the OSI came into existence and prominence.

Quote: Companies like Microsoft don't care about anything but money. I don't see how they have the right to complain if someone makes a free alternative. Microsoft really is not going to go out of business because of open source.
Why drag Microsoft into this? And who says all they care about is money? Microsoft is a complex organization, and has only grown more complex with size. Considering that the Windows OS team at Microsoft did insane things like running the memory manager in an entirely different way if Sim City was running to prevent the OS crashing due to a bug in the application (it sometimes accessed memory it had just freed), I think it's rude and low to say all it cares about is money.

At the very least, throw in World Domination.
Quote: Original post by Sneftel
The problem, as I see it, is license creep. Suppose that RMS, stalwart penguinaut that he is, releases a tiny library to determine the timezone, which is GPLed. I then write a larger library, but I incorporate his functionality because I don't particularly care whether my code is GPLed or not. Now another guy uses my library as part of a larger framework... he doesn't particularly want to GPL his code, but he figures that the work I did on my library would take long enough to replicate, that it wouldn't be worth it. Now yet another guy uses that guy's library as part of a webserver; he also doesn't want to GPL it, but the last guy's library is the only really, really good library out there that does what he wants; to replicate all the functionality could take months. So he has to GPL his webserver. Congratulations, RMS: for the price of a time-zone checker, you just bought yourself a webserver. This isn't a counterbalance: it's a coup.
Of course, you and I know that this was RMS' intention all along. He despises proprietary code, he really doesn't care much for commercial code either (despite the lip service about being able to charge for GPL software, there is little actual reason to - which is why GPL projects solicit donations) and he would like to see the entire software world recreated in his image.

Yep, it's a coup, and it's no accidental by-product.
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Quote: Original post by Oluseyi
Why drag Microsoft into this? And who says all they care about is money? Microsoft is a complex organization, and has only grown more complex with size. Considering that the Windows OS team at Microsoft did insane things like running the memory manager in an entirely different way if Sim City was running to prevent the OS crashing due to a bug in the application (it sometimes accessed memory it had just freed), I think it's rude and low to say all it cares about is money.
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I'm not being all "LOL MORE LIKE MICRO$OFT AM I RITE", Microsoft were just the first company that came to my head that've complained about open source software. I mean, fair enough, in the server market, they have to compete with linux, but they've got pretty much a total monopoly on the desktop market, and I don't see that changing any time in the near future. As someone that's used linux, I'd say it's definitely not ready to replace windows, and I'm extremely skeptical that it ever will be.

Call me skeptical, but I just don't see big companies like Microsoft as big benevolent organisations. As I said, don't get me wrong, I'm not anti-capitalist, and I'd have no moral qualms whatsoever about working for Microsoft, but that doesn't mean I see them as altruistic. When it comes down to it, big companies like that are really only interested in money.

I mean, yeah I'm sure people working at Microsoft, are interested in more than money, and like most of us with an interest in working in software development, will do things for purely altruistic reasons, because they love the field they work in. I'd still say the company as a whole, as an entity really only cares about money, like any big company.
Quote: Original post by Oluseyi
Quote: Original post by Sneftel
The problem, as I see it, is license creep. Suppose that RMS, stalwart penguinaut that he is, releases a tiny library to determine the timezone, which is GPLed. I then write a larger library, but I incorporate his functionality because I don't particularly care whether my code is GPLed or not. Now another guy uses my library as part of a larger framework... he doesn't particularly want to GPL his code, but he figures that the work I did on my library would take long enough to replicate, that it wouldn't be worth it. Now yet another guy uses that guy's library as part of a webserver; he also doesn't want to GPL it, but the last guy's library is the only really, really good library out there that does what he wants; to replicate all the functionality could take months. So he has to GPL his webserver. Congratulations, RMS: for the price of a time-zone checker, you just bought yourself a webserver. This isn't a counterbalance: it's a coup.
Of course, you and I know that this was RMS' intention all along. He despises proprietary code, he really doesn't care much for commercial code either (despite the lip service about being able to charge for GPL software, there is little actual reason to - which is why GPL projects solicit donations) and he would like to see the entire software world recreated in his image.

Yep, it's a coup, and it's no accidental by-product.


As we all know, a time-zone checker takes months to implement... right.

And if I use (without permission) FooBarLIB from SoftwareCorp, for drawing a pixel in the top left corner of a window, I might get sued for infriging their copyrights.

Look! With contrived examples you can prove anything!

You can whine all you want, but how would YOU design a license that would allow you to use a certain amount of code without permission, but otherwise work like the GPL - and at the same time not make it overly complex and ambigious?

Uh huh, thought so.

Furthermore, I would like to point out that it is your responsibility to make sure that any code you use, can be used legally. If you use the fictionary time-zone converter mentioned above, you deserve to get sued for not fully understanding the legal issues involved.

Now take off the RMS-is-out-to-get-us-all tinfoil hat.
Quote: Original post by smr
Quote: Original post by Anonymous Poster
Interesting, what code have you released under this zlib license?


I've never released any code under the zlib license....


Interestingly, (almost) none of the BSD/MIT/zlib proponents here have.

What they really mean is: I want *others* to release their code under those licenses.

Quote: Original post by Oluseyi
Imagine a future in which every proprietary codebase reverts to the public domain to serve as the basis for the next iteration of innovations, with the caveat that attribution remains required and the "derivative innovator" receives exclusivity protection akin to current patents. This would be a society in which proprietary and philanthropic software development are integrated complements in the software ecosystem, where commercial incentive drives innovation and open source idealism provides the successive refinements and maintenance for the software that serves as foundational to our very society, at once providing access to powerful code to those unlikely geniuses as well as effectively auditing the code that handles our personal information and social infrastructure.

Not doable with the GPL.


Bull. First of all, that future is only in your dreams. On the remote chance that you are prescient: Corporations are unlikely to just give up their source code. If they do, it would require some kind of government intervention. Such as declaring all previous software public domain, and by force take the source from those unwilling to reveal it.

I have the solution to your problem with the GPL, though: With the same means (presumably legislation) the other software was declared public domain, declare GPL software public domain also! Simple as that! DOABLE with the GPL.
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Quote: Original post by Anonymous Poster
As we all know, a time-zone checker takes months to implement... right.

No, it doesn't. It's trivial. That's my point. You aren't getting it, are you?
Quote: And if I use (without permission) FooBarLIB from SoftwareCorp, for drawing a pixel in the top left corner of a window, I might get sued for infriging their copyrights.

Look! With contrived examples you can prove anything!

Uh... how is that a contrived example? Do you really think a judge is going to say "Yeah, you used that library, but it's, like, totally trivial. Hell, I could program that. Case dismissed." This shows a fundamental misunderstanding of our legal system.

Quote: You can whine all you want, but how would YOU design a license that would allow you to use a certain amount of code without permission, but otherwise work like the GPL - and at the same time not make it overly complex and ambigious?

Uh huh, thought so.

The funny thing is that you actually think there needs to be such an onerous license. Tell me: Is the BSD community groaning under the burden of proprietary users of their software? Have people refused to contribute patches, thus making it an insecure operating system?

Quote: Furthermore, I would like to point out that it is your responsibility to make sure that any code you use, can be used legally. If you use the fictionary time-zone converter mentioned above, you deserve to get sued for not fully understanding the legal issues involved.

You still aren't getting it. Everyone down the line fully understands the issues involved. There's no misunderstanding, or surprise. Everyone down the line just is adding a little more on. Think this is contrived? Read freshmeat. It happens a hundred times a day.

Quote: Original post by Sneftel
No, it doesn't. It's trivial. That's my point. You aren't getting it, are you?


Yes, I am getting it. You aren't. Replace the bloody time zone checker in the library and it's free from GPL code. There's no need to rewrite the whole bloody library, taking several months as you stated in your contrived example.

In case you mean that all of the library is actually under the GPL and not just the time zone part, guess what, writing the web server is optional! If you don't want to write a web server using the library, feel free not to!

There is no coup. Everyone did it out of their free will.

Quote:
Uh... how is that a contrived example? Do you really think a judge is going to say "Yeah, you used that library, but it's, like, totally trivial. Hell, I could program that. Case dismissed." This shows a fundamental misunderstanding of our legal system.


No, that's what the judge wouldn't say, and that's the point too. A simimar example as the one you gave, completely without anything being GPL.

Quote:
The funny thing is that you actually think there needs to be such an onerous license.


Why aren't you complaining that the license for Adobe Photoshop is too onerous because you can't use their code under the BSD license? That's way more onerous.

Quote:
Tell me: Is the BSD community groaning under the burden of proprietary users of their software? Have people refused to contribute patches, thus making it an insecure operating system?


So? I don't have a problem with the BSD license if that's what you think. I just have a problem with people whining that all open source should be licensed under the BSD license. My point is, and has been all along, that people have the right to release *their code* under whatever license they want to, under applicable laws.

Quote:
You still aren't getting it. Everyone down the line fully understands the issues involved. There's no misunderstanding, or surprise. Everyone down the line just is adding a little more on. Think this is contrived? Read freshmeat. It happens a hundred times a day.


How many GPL libraries are there? Not very many! And certainly not very many good ones. I can name one. Either way, they all voulonteered for it in your contrieved example, didn't they?

Quote: Original post by Anonymous Poster
Quote: Original post by Sneftel
No, it doesn't. It's trivial. That's my point. You aren't getting it, are you?


Yes, I am getting it. You aren't. Replace the bloody time zone checker in the library and it's free from GPL code. There's no need to rewrite the whole bloody library, taking several months as you stated in your contrived example.

No, the whole thing is under the GPL. The only way to avoid rewriting the whole bloody library is to track down EVERY author that's ever contributed to the library and get them to un-GPL their code. They, of course, will have to track down every person involved in libraries that that code came from. And so on, and so forth. All this is clearly set out in the license (in much more complimentary terms, of course.)
Quote:
Quote:
You still aren't getting it. Everyone down the line fully understands the issues involved. There's no misunderstanding, or surprise. Everyone down the line just is adding a little more on. Think this is contrived? Read freshmeat. It happens a hundred times a day.

How many GPL libraries are there? Not very many! And certainly not very many good ones. I can name one. Either way, they all voulonteered for it in your contrieved example, didn't they?

"The road to hell is paved with good intentions." In other words, there doesn't need to be any "evil GPL overlord" writing all the software; just a bunch of programmers who don't fully understand the social and legal ramifications of the GPL.

Quote: Original post by Oxyacetylene
I mean, yeah I'm sure people working at Microsoft, are interested in more than money, and like most of us with an interest in working in software development, will do things for purely altruistic reasons, because they love the field they work in. I'd still say the company as a whole, as an entity really only cares about money, like any big company.
Pointless distinction, since companies are abstract things that can not be attributed feelings or desires. When you say something like "Company A only cares about money," what you are really saying is that "Company A's corporate culture is one that only cares about money." By pointing out that it was company policy in Company A to work around defects in the products of Companies B, C, D, E and F so as not to inconvenience the consumer, I undermine your point. You could argue that failure to engage in the above workaround by Company A would have adversely affected its sales and bottom line, but I could retort that Company A could have engaged in a publicity war at less effort and simply told consumers that the products of Companies B through E were defective. It could worked around the defect and publicized the fact - painting itself as a martyr and Companies B through E as incompetent. That it did otherwise is proof that the values of Company A might be Slightly More Complex™ than you have given them credit for.

Quote: Original post by Anonymous Poster 1
You can whine all you want, but how would YOU design a license that would allow you to use a certain amount of code without permission, but otherwise work like the GPL - and at the same time not make it overly complex and ambigious?
Attribution-NonCommercial-ShareAlike 2.0, which even comes with a "human readable" (as opposed to legalspeak) summary.

Gee, that was easier than you thought, wasn't it?

Quote: Original post by Anonymous Poster 2
Bull. First of all, that future is only in your dreams. On the remote chance that you are prescient: Corporations are unlikely to just give up their source code. If they do, it would require some kind of government intervention. Such as declaring all previous software public domain, and by force take the source from those unwilling to reveal it.
(This is fast becoming one of my most frequent responses around here; I wonder why:) You're not very smart, are you?

The whole point of that pie-in-the-sky excerpt is for such a system to serve as an alternative to the current mess that is software patents. The original purpose of patents - including the fact that the implementation details were made public - was to spur innovation by providing protected profit opportunity and by seeding the community of would-be innovators with the specifics of the previous "generation." This system has that effect, while eliminating shameful profiteering (tactics such as purchasing the rights to an innovation and then retroactively suing for "infringements").

Quote: I have the solution to your problem with the GPL, though: With the same means (presumably legislation) the other software was declared public domain, declare GPL software public domain also! Simple as that! DOABLE with the GPL.
You don't see that the problem with the GPL is its viral nature, the fact that no derivative can be closed, even for a short while, which eliminates competitive protection. If all the implementation details to your innovative system are made public the very moment you release it due to legal constraints, how do you protect yourself from competitors - including hippie-types who would offer identical software, your software, at zero cost?

The problem of the GPL is that it doesn't play well with others. That's not acceptable in the frequently mish-mash environments of corporate software development. This extends to public software development, such as the fact that a piece of non-classified code written by the government (ie, public property since its paid for with taxes) licensed under the GPL can not effectively be employed by any citizen engaged in competitive enterprise in which the software is anything more than "frosting on the widgets." That's unacceptable.

Quote: Original post by Anonymous Poster 3
I don't have a problem with the BSD license if that's what you think. I just have a problem with people whining that all open source should be licensed under the BSD license. My point is, and has been all along, that people have the right to release *their code* under whatever license they want to, under applicable laws.
You've inverted the issue. BSD is held up as a case of a commercial-friendly license, but nobody (generally speaking) is advocating that all open source be released under it. Rather, the majority opinion here is that the GPL, purported proponent of Freedom and Liberty, actually prevents the use of much software in a genuinely productive way. Considering the fact that open source software is virtually all reimplementation of proprietary solutions (because the bazaar does not lend itself to good design or innovation without a clear model - or contrast), the GPL condemns successive generations of derivative works also to be mere reimplementations of smart ideas developed elsewhere, which is the real tragedy.

Code licensed under proprietary-friendly licenses has been employed in larger solutions that have been of real benefit and genuine innovations, yet such code has not lacked for contributions or enhancements. Such code is truly Free, and has thrived, while GPL'd code has required monumental ideological effort to motivate: think of all the "rockstar" personalities associated with major GPL projects, of all the essays and white papers written and speeches given, then contrast with the virtual silence of the BSD community. It would almost seem that the one gets things done, but only after much furor while the other just Gets Things Done™.

I'll understand if ideology prevents you from conceding any of my points.

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