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Hints About GPL3
Thursday, March 31 2005 @ 11:22 PM EST

There is a nugget of information about the next version of the GPL from Richard Stallman himself in an interview by Open For Business on the state of GNU/Linux:

OFB: There has been lots of talk about the upcoming General Public License (3.0) and how it will differ from the present version. What do you see as the key reasons people should adopt the new version?

RMS: Most programs will adopt it automatically, since they are released under "GPL version 2 or later"; however, the specific advantages that I think will appeal to many developers include: explicit compatibility with certain licenses that are not compatible with GPL v2, better handling of patents, addressing the issue of ASPs, and improving the requirements for credits.

Now that's intriguing to me, particularly the compatibility and the patent parts. Clearly, from all we've heard, there will be an effort to make the GPL work well for business, and that's the obvious path to take:

The license is being modernized to deal with new realities in the computing industry, such as widespread patenting of software, computers that will run only software that has been cryptographically signed and software services available over the Internet.

Scrutiny of the license is increasing as the free and open-source software projects it governs become promoted by mainstream computing companies and more widely used by conventional customers.

Amazon is already a happy GNU/Linux user, having switched in 2001, after which they filed with the SEC the news that doing so had saved them $17 million. Talk about Get the Facts.

Today Amazon announced this:

Amazon.com is deploying Linux-based business-intelligence tools to improve the efficiency of its financial budgeting, forecasting and reporting.

The online retail giant will use a range of analytics software from business-intelligence vendor Cognos as part of a multiyear agreement. The value of the deal was not disclosed.

Amazon will use Cognos' Linux-based reporting and analytics software as well as planning tools for its finance and operational organizations. The move reaffirms Amazon's commitment to open source after switching to a Linux-based infrastructure from Windows several years ago.

As for worries about the GPL's new version, not even expected until 2006, at the earliest, Eben Moglen says this:

GPL 3 is likely to include changes that take into account international copyright law and patent threats, according to Moglen.

It is not surprising that the next version of the GPL has attracted a lot of interest as it is the basis for a "multibillion-dollar industry," according to Moglen. "In a market that size, there are a lot of participants and a lot of people with interests," Moglen said. . . .

"When it's all over, people will say about the GPL 3, 'It's better, it's not that different--what's all the fuss about?'" Moglen said. "People have to trust that we know what we're doing."

What I am eagerly waiting to see is how they manage to be business-friendly and retain the freedoms the GPL is renowned for protecting. I do trust that they know what they are doing, and I can't wait to see the draft, when it is ready for the community to tweak. We have some experience at that already here at Groklaw, and how enjoyable it will be to put all our efforts to such an important and historic project.


  


Hints About GPL3 | 148 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Hints About GPL3
Authored by: Anonymous on Thursday, March 31 2005 @ 11:31 PM EST
Cool, $17M saved is $17M kept away from Bill G.'s greedy fingers...

[ Reply to This | # ]

OT here
Authored by: SpaceLifeForm on Thursday, March 31 2005 @ 11:32 PM EST
Please post with links in HTML format.

[ Reply to This | # ]

they just don't shutup do they...
Authored by: Anonymous on Friday, April 01 2005 @ 12:05 AM EST
But there are hidden costs to Linux, Microsoft argues. "I think a lot of customers are lured by the apparent low price of Linux," said Doug Miller, director of competitive strategy for Microsoft's Windows division. "They don't have a real issue with Linux, but it ends up costing them in the long run."

With Linux, customers "end up being in the operating systems business," managing software updates and security patches while making sure the multitude of software packages don't conflict with each other," Miller said. "That's the job of a software vendor like Microsoft."

While Red Hat offers some of those services, it's difficult to ensure that software packages updated frequently by hundreds of people around the globe work well together, Miller said.

that's the job of the distro packager... and I also note that Microsoft do not verify that non-microsoft packages will work without interference with other non-microsoft packages...

and in Linux, software updates are far easier than with ms-windows, as all you've got to do is just a simple

apt-get update
apt-get upgrade

I mean, how much simpler can it get??? and if the thought of the command line scare you... there's always the gui front end to it where it's just a matter of a few mouse clicks to do the same thing... just try updating all your ms-windows software so easily...

[ Reply to This | # ]

Hints About GPL3
Authored by: rm6990 on Friday, April 01 2005 @ 12:42 AM EST
Are they still thinking of adding the clause in GPL 3 where if you are running a
webserver with your own modified version of GPL'd software you have to release
the source code? I sincerely hope they don't....and if they did I doubt the OSI
would approve the license.

---
http://members.shaw.ca/ryan_mcgregor

[ Reply to This | # ]

ASP-related Hints About GPL3
Authored by: Steve on Friday, April 01 2005 @ 01:28 AM EST
An ASP is an Application Service Provider, someone who builds an application
where most of the work is done on a server the builder maintains, and the users
just use a web browser or other "light" client software to interact.

Examples include web-based email, Salesforce.com, and others. Many of Yahoo's
services are rightly considered to fit this model.

Stretching more broadly, one might call Google and Amazon ASPs, although I'm not
sure I would. Certainly such things as those sites' affiliate programs, Google
Maps, and so on could easily be considered ASPs.

Why is this important? Well, many people built ASP solutions using FOSS
software, because the terms of current free licenses only kick in when software
is distributed, and an ASP never really distributes the software code; it only
distributes dynamically generated web pages. ASP-related changes in the GPL3 may
cause ASP developers to switch away from (or towards!) tools licensed under the
GPL3.

[later] I just checked out a few licenses. Zope, PHP, Python, and Ruby are all
used for many ASPs and are not under the GPL, and Perl is dual-licensed. Many
other ASPs use Apache-licensed tools like Tomcat, or LGPL tools like JBoss.
Since many of the most common "building blocks" for ASP sites are not
under the GPL, perhaps the GPL3 changes won't have much practical effect on how
ASPs are built.


---
IAALBIANYL

[ Reply to This | # ]

Memo to Moglen from a generic user and community member
Authored by: inode_buddha on Friday, April 01 2005 @ 01:49 AM EST
"When it's all over, people will say about the GPL 3, 'It's better, it's not that different--what's all the fuss about?'" Moglen said. "People have to trust that we know what we're doing."

But I'm *already* saying that!

---
-inode_buddha
Copyright info in bio

"When we speak of free software,
we are referring to freedom, not price"
-- Richard M. Stallman

[ Reply to This | # ]

Hints About GPL3: addition from Apache 2.0 Licence?
Authored by: Anonymous on Friday, April 01 2005 @ 02:13 AM EST
The main difference between GPL 2 and the Apache 2 licence is this part of the Apache 2 Licence:

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

The last sentence is the interesting one, it is a condition that terminates the licence. This is incompatible with the current GPL 2. My hopes are that GPL 3 adds this part of the Apache Licence 2.
Since the Apache licence explicitly allows more conditions to be set (in its final sentence under point 4) this would make all Apache code licencable under the GPL 3.

Adding the first sentence to GPL 3 would also add a patent licence to all current code that has the 'later' option.
Whether adding this first sentence is feasible for the FSF to add remains to be seen.

[ Reply to This | # ]

Dead people's right
Authored by: IMANAL on Friday, April 01 2005 @ 03:23 AM EST
Is copyright something personal or can it be inherited? What if a program is
filled with GPL2 code by someone who recently died. Can you upgrade that GPL2
licenced code to GPL3, or do you need the heirs' permission? Just a thought.

[ Reply to This | # ]

GPL version 2 or later ???
Authored by: danielpf on Friday, April 01 2005 @ 03:51 AM EST
"RMS: Most programs will adopt it automatically, since they are released
under "GPL version 2 or later";"

The ".. or later" seems to me questionable. As a matter of principle,
is it legal to release a programm under a license that doesn't exist?
We trust RMS to stay faithfull to his objectives, but suppose in 10 years the
FSF is taken over by different people, and they released a GPL 4 with different
objectives. What happens to all these programs released under "GPL
version 2 or later"?

[ Reply to This | # ]

Ahem. We don't get to tweak the GPL
Authored by: Anonymous on Friday, April 01 2005 @ 07:17 AM EST
I do trust that they know what they are doing, and I can't wait to see the draft, when it is ready for the community to tweak.

I don't know where PJ gets the idea that we're even going to be consulted, let alone invited to tweak the license. I believe neither of those things are going to happen. We will, (as before) be presented with GPL3 in final form. There will be no tweaking.

[ Reply to This | # ]

My top prediction
Authored by: Anonymous on Friday, April 01 2005 @ 07:56 AM EST
They slip "irrevocable and in perpetuity" in there very quietely, and
hope that nobody asks why it wasn't in V2.

Mattel already tried to revoke code that had been (unknown to them) released
under the GPL just before they received the rights to it. They gave up on it,
but their argument was that the GPL is a license, not a contract, and that
because it gives you something in return for (as far as they're concerned)
nothing, then there's nothing that compells the rights owner OR THEIR SUCCESSORS
IN INTEREST from honoring it in perpetuity.

What they really had was a contract case with the developer that they got the
copyrights from (strongarmed from might be more accurate), but they did raise
the issue, and it's one that will have to be addressed sooner or later.

[ Reply to This | # ]

Hints About GPL3
Authored by: Alphakafka on Friday, April 01 2005 @ 08:23 AM EST
Unfortunately, PJ, when you say "business friendly", you are actually
saying "software business friendly". The GPL already is "business
friendly" to any business looking for tools to make their business better.

I can guarentee you that the GPL will not be made to enable proprietary software
companies or make them stronger. It is the explicit goal of the free software
movement not to. There will likely be no hand shaking with proprietary software,
as it would be a devastation of the spirit of the free software movement and the
license it has produced.

[ Reply to This | # ]

April Fool -- Not!
Authored by: whoever57 on Friday, April 01 2005 @ 03:28 PM EST
Was I the only one who thought the ZDNET headline: "EU Parliament forgives Council for adopting patent directive" was an April Fool?

[ Reply to This | # ]

Can anybody write a license and call it GPL4 And steal GPL'd software ?
Authored by: Anonymous on Friday, April 01 2005 @ 04:31 PM EST
I was wondering that because so many software packages use the words
"released under the GLP 2 or later" that what if somebody wrote a
license and called it the GPL 4. If the license was written like the BSD
license, could GPL'd software be forced to public domain this way ? If it is
possible MS will propably try that too.

[ Reply to This | # ]

Details About GPL3
Authored by: Anonymous on Friday, April 01 2005 @ 06:17 PM EST
I would like to read the drafts of the GPL3. What is the wording being used to
address the patent issue(s). Some caution is needed with the wording, changing
the GPL to bring the subject of patents within is somewhat tricky.


Business needs or likes, are important yes, it is just as important to have
safeties so patents do not appear accepted in the eyes of the corurts. Having
patents accepted as a part of the new GPL, would make cases where lawsuits filed
over patents very hard to fight using the GPL3.


If I have a body of water running through my land, and this body of water runs
through other's land before and after mine. To see a soluition to a usage
problem, I within an agreed *license*, that *accepts* the water running in the
body of water, as belonging to others with rights to claim the water within the
law of their ownership type(s). If at some date the water is stopped, how could
I use a license that accepted the owership of the water by others, to fight to
have the water run through my land again.

[ Reply to This | # ]

Preliminary SCO Financial Discussion
Authored by: Anonymous on Friday, April 01 2005 @ 07:06 PM EST
I'm sure PJ will put up an article, but let's get started....

The very first substantive line in the 10-K (i.e. as of 10/31/04):
"We own the UNIX operating system and are a provider of UNIX-based products and services."

Another goodie:
The UNIX operating system, which we own, was conceived on the premise that an operating system should be easily adapted to a broad range of hardware platforms and should provide a simple way of developing programs. Over the years, the UNIX operating system has been adapted for almost every OEM’s hardware architecture, and today UNIX has achieved the goal of seamlessly sharing data across heterogeneous environments. We own a broad and deep set of intellectual property rights relating to the UNIX operating system which we intend to continue to enforce and protect through our SCOsource initiatives, described in more detail below in the subsection entitled “SCOsource Initiatives” under the section entitled “SCOsource Business.”


What's the penalty for a materially misleading statement in an SEC filing?

Headline numbers:

Net loss greater than $20 million, net decrease in cash greater than $50 million for FY '04

I don't do html at all well...can someone clickify this: http://www.sec.gov/Archives/edgar/data/1102542/000110465905014787/a05-6064 _110k.htm#Item7a__205248

More to follow as we dig into this and the 10-q for January '05.

--Guil (not signed in)

[ Reply to This | # ]

Hints About GPL3
Authored by: Anonymous on Friday, April 01 2005 @ 09:33 PM EST
Everything they're saying here about the GPL just makes me nervous. Every single
thing they've mentioned so far just reads as "add more arbitrary
restrictions"... and the FSF has not shown themselves to be very good at
that so far. I fear that the GPLv3 might not be a free software license at all.

[ Reply to This | # ]

Hints About GPL3
Authored by: acebone on Friday, April 01 2005 @ 10:05 PM EST
"What I am eagerly waiting to see is how they manage to be
business-friendly and retain the freedoms the GPL is renowned for
protecting"

business-friendly as opposed to freedom ?

It's an interesting setup - free cannot be business-friendly unless great care
is taken.

Raw capitalism is in my view a way of urging crookery, nothing more, but hey -
socialism has failed right ? (like the soviet-union collapsed and they were
sooooooo socialist, right ?).

[ Reply to This | # ]

Hints About GPL3
Authored by: Anonymous on Monday, April 04 2005 @ 11:06 PM EDT
Eh...I haven't like GPL since around 2001 when Ulrich Drepper described the
idiocy with rms and glibc. Nor was I all that happy with how that whole KDE
debacle went down where rms and FSF essentially hosed the KDE team. And I
think that Linus has been pretty smart to limit the impact that the FSF can
have on the Linux licence by removing the upgrade clause.

"The morale of this is that people will hopefully realize what a
control freak and raging manic Stallman is. Don't trust him. As soon
as something isn't in line with his view he'll stab you in the back.
*NEVER* voluntarily put a project you work on under the GNU umbrella
since this means in Stallman's opinion that he has the right to make
decisions for the project.

...

This part has a morale, too, and it is almost the same: don't trust
this person. Read the licenses carefully and rip out parts which give
Stallman any possibility to influence your future. Phrases like

[...] GNU Lesser General Public License as published by the Free
Software Foundation; either version 2.1 of the License, or (at your
option) any later version.

just invites him to screw you when it pleases him. Rip out the "any
later version" part and make your own decisions when to use a
different license since otherwise he can potentially do you or your
work harm."

-- Ulrich Drepper, glibc maintainer

(No, I'm not Ulrich...just quoting him)

[ Reply to This | # ]

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