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Second Discussion Draft of GPLv3 Released |
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Thursday, July 27 2006 @ 02:00 PM EDT
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The Second Discussion Draft of GPLv3 has now been released. You can go to read it here. There is also a revised LGPL. Also you will find explanations of the changes and an audio of Eben Moglen explaining the changes on this page. And here's the press release. There was some confusion about the DRM clause, and they have addressed the confusion: The new draft clarifies that the license only directly restricts DRM
in the special case in which it is used to prevent people from sharing
or modifying GPLv3-covered software. The clarified DRM section
preserves the spirit of the original GPL, which forbids adding
additional unfree restrictions to free software. GPLv3 does not
prohibit the implementation of DRM features, but prevents them from
being imposed on users in a way that they cannot remove. That is what it always meant to say, but some misunderstood, so the wording has now been made clearer.
Here's the heart of the information from the press release:
**************************************
Second Discussion Draft of Revised GNU General Public License
Released
Six-Month International Review Process Leads to Revisions and
Clarifications
BOSTON and NEW YORK, July 27, 2006 -- The Free Software Foundation
(FSF) and the Software Freedom Law Center (SFLC) today have released
the second discussion draft of the GNU General Public License (GPL)
version 3 (GPLv3). This new draft marks the middle of a year-long
public review process designed to evaluate proposed changes and to
finalize a new version of the GPL.
The GNU GPL is the most widely used free software license worldwide:
almost three quarters of all free software programs (also known as
"Free/Libre and Open Source Software", or FLOSS) are distributed under
this license. Since the GPL's last revision more than 15 years ago,
free software development, distribution, and use have changed
tremendously.
Since the release of the initial GPLv3 discussion draft in January,
members of the free software community have submitted nearly one
thousand suggestions for improvement. Many have continued the
discussion at international GPLv3 conferences held in the United
States, Brazil, and Spain. With the help of discussion committees,
the Free Software Foundation and the Software Freedom Law Center have
considered all the issues raised by public comments. The new draft of
GPLv3 contains extensive revisions in light of these comments.
"We have considered each suggestion with care," said Eben Moglen,
founder and Chairman of the Software Freedom Law Center, which
represents various free software projects and is assisting FSF in
revising the new license. "By listening to people from around the
world, we are working toward a license that acts consistently in many
different legal systems and in a variety of situations."
"The primary purpose of the GNU GPL is to preserve users' freedom to
use, share, and modify free software," said Richard Stallman, founder
of FSF and original author of the GPL. "We depend on public review to
make the GPL do this job reliably."
About the Revisions
The new draft clarifies that the license only directly restricts DRM
in the special case in which it is used to prevent people from sharing
or modifying GPLv3-covered software. The clarified DRM section
preserves the spirit of the original GPL, which forbids adding
additional unfree restrictions to free software. GPLv3 does not
prohibit the implementation of DRM features, but prevents them from
being imposed on users in a way that they cannot remove.
Other significant revisions in the new draft include a reworked
license compatibility section, and provisions that specifically allow
GPL-covered programs to be distributed on certain file sharing
networks such as BitTorrent.
Additionally, this release includes the first draft of the GNU Lesser
General Public License (LGPL) version 3. The LGPL license covers many
free software system libraries, including some published by the Free
Software Foundation.
The text of the new GPL and LGPL drafts can be found on the web at
http://gplv3.fsf.org/gpl3-dd2-guide.html. The site also includes audio commentary from
Eben Moglen; a rationale document which describes the changes to the
new draft; and further information about the GPLv3 revision process.
As with the first draft, community members are encouraged to submit
comments online at gplv3.fsf.org.
Throughout the remainder of the process, there will continue to be
international GPLv3 discussion conferences, including one next month
in Bangalore, India. A third discussion draft of GPLv3 is expected to
be released this fall, and the final version will be released between
January and March of 2007.
"Last November, we published a document which outlined the process for
drafting the new GPL," said Eben Moglen, chair of SFLC. "As of now,
we are still on schedule for a final release in early 2007."
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Authored by: WhiteFang on Thursday, July 27 2006 @ 02:12 PM EDT |
Corrections here please
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DRM - Degrading, Repulsive, Meanspirited
'Nuff Said[ Reply to This | # ]
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Authored by: WhiteFang on Thursday, July 27 2006 @ 02:14 PM EDT |
Clickies if you got 'em.
---
DRM - Degrading, Repulsive, Meanspirited
'Nuff Said[ Reply to This | # ]
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- OLPC - Authored by: Carlo Graziani on Thursday, July 27 2006 @ 02:33 PM EDT
- OLPC - Authored by: PJ on Thursday, July 27 2006 @ 04:09 PM EDT
- OLPC - Authored by: wood gnome on Thursday, July 27 2006 @ 04:30 PM EDT
- OLPC - Authored by: Ed L. on Thursday, July 27 2006 @ 06:44 PM EDT
- OLPC - Authored by: Anonymous on Friday, July 28 2006 @ 06:27 AM EDT
- Public Library - Authored by: Anonymous on Saturday, July 29 2006 @ 10:02 PM EDT
- OLPC - Authored by: Anonymous on Thursday, July 27 2006 @ 10:27 PM EDT
- OLPC - Authored by: PJ on Thursday, July 27 2006 @ 10:45 PM EDT
- OLPC - Authored by: Anonymous on Friday, July 28 2006 @ 03:22 AM EDT
- OLPC - Authored by: Winter on Friday, July 28 2006 @ 03:47 AM EDT
- OLPC - Authored by: brooker on Friday, July 28 2006 @ 04:57 AM EDT
- Learning on the Internet - Authored by: kenryan on Thursday, July 27 2006 @ 10:36 PM EDT
- OLPC - Authored by: jplatt39 on Thursday, July 27 2006 @ 10:52 PM EDT
- The Blue Peter Tractor - Authored by: DaveJakeman on Friday, July 28 2006 @ 07:33 AM EDT
- OLPC - Authored by: Anonymous on Friday, July 28 2006 @ 11:58 AM EDT
- OLPC - Authored by: Observer on Friday, July 28 2006 @ 04:46 PM EDT
- OLPC - Authored by: PJ on Friday, July 28 2006 @ 06:10 PM EDT
- I dare say the money could be better spent - Authored by: Anonymous on Saturday, July 29 2006 @ 03:05 PM EDT
- WIll you require the use of 'shall'? - Authored by: Anonymous on Thursday, July 27 2006 @ 02:34 PM EDT
- WIll you require the use of 'shall'? - Authored by: Carlo Graziani on Thursday, July 27 2006 @ 02:43 PM EDT
- WIll you require the use of 'shall'? - Authored by: tuxi on Thursday, July 27 2006 @ 02:47 PM EDT
- Here's what I would do.... - Authored by: Anonymous on Thursday, July 27 2006 @ 03:01 PM EDT
- Small correction - Authored by: Anonymous on Thursday, July 27 2006 @ 03:04 PM EDT
- WIll you require the use of 'shall'? - Authored by: Anonymous on Thursday, July 27 2006 @ 03:01 PM EDT
- WIll you require the use of 'shall'? - Authored by: jbeadle on Thursday, July 27 2006 @ 04:29 PM EDT
- WIll you require the use of 'shall'? - Authored by: Anonymous on Thursday, July 27 2006 @ 04:47 PM EDT
- Will you require the use of 'shall'? - Authored by: Alan(UK) on Thursday, July 27 2006 @ 05:17 PM EDT
- IEEE Standards - Authored by: overshoot on Thursday, July 27 2006 @ 07:32 PM EDT
- US Gov't POV - Authored by: sunnyfla on Thursday, July 27 2006 @ 07:37 PM EDT
- WIll you require the use of 'shall'? - Authored by: pdp on Thursday, July 27 2006 @ 09:23 PM EDT
- WIll you require the use of 'shall'? - Authored by: kenryan on Thursday, July 27 2006 @ 11:00 PM EDT
- RE: WIll you require the use of 'shall'? - Authored by: Anonymous on Thursday, July 27 2006 @ 11:06 PM EDT
- WIll you require the use of 'shall'? - Authored by: Anonymous on Friday, July 28 2006 @ 06:33 AM EDT
- WIll you require the use of 'shall'? - Authored by: Kevin on Friday, July 28 2006 @ 01:12 PM EDT
- They have my deepest sympathies - Authored by: Slimbo on Thursday, July 27 2006 @ 02:54 PM EDT
- Not mine! - Authored by: tiger99 on Thursday, July 27 2006 @ 04:52 PM EDT
- Not mine! - Authored by: PJ on Thursday, July 27 2006 @ 05:17 PM EDT
- Not mine! - Authored by: Anonymous on Thursday, July 27 2006 @ 05:44 PM EDT
- Monopoly - Authored by: Winter on Friday, July 28 2006 @ 04:16 AM EDT
- Monopoly - Authored by: Tyro on Friday, July 28 2006 @ 07:46 PM EDT
- Monopoly - Authored by: Anonymous on Saturday, July 29 2006 @ 12:24 PM EDT
- Monopoly - Authored by: archonix on Saturday, July 29 2006 @ 08:40 PM EDT
- Not mine! - Authored by: tiger99 on Thursday, July 27 2006 @ 06:42 PM EDT
- Not mine! - Authored by: PJ on Thursday, July 27 2006 @ 09:44 PM EDT
- Or Could It Be? - Authored by: sproggit on Friday, July 28 2006 @ 03:39 AM EDT
- They have my deepest sympathies - Authored by: rc on Friday, July 28 2006 @ 11:38 AM EDT
- They have my deepest sympathies - Authored by: Anonymous on Friday, July 28 2006 @ 03:19 PM EDT
- OT here please - Authored by: Anonymous on Thursday, July 27 2006 @ 03:09 PM EDT
- Register and Vunet not reliable - Authored by: Anonymous on Thursday, July 27 2006 @ 03:17 PM EDT
- Yahoo Has Gone to the Dark Side! - Authored by: Anonymous on Thursday, July 27 2006 @ 04:00 PM EDT
- SCOX: new 52-week low today - Authored by: Boundless on Thursday, July 27 2006 @ 05:45 PM EDT
- Linux development is not transparrent enough for some... - Authored by: Anonymous on Thursday, July 27 2006 @ 06:10 PM EDT
- The wreck of old 99 - Authored by: Anonymous on Thursday, July 27 2006 @ 08:08 PM EDT
- Ballmer wants us to use software with ads in them? - Authored by: Anonymous on Thursday, July 27 2006 @ 11:05 PM EDT
- IBM response to SCO objections? - Authored by: Anonymous on Friday, July 28 2006 @ 01:25 AM EDT
- GPL Cola - Authored by: Anonymous on Friday, July 28 2006 @ 02:07 AM EDT
- Microsoft has learned is that many people in developing countries do not have a steady incomes. - Authored by: Anonymous on Friday, July 28 2006 @ 02:57 AM EDT
- What's wrong with what Ellison is saying? - Authored by: Anonymous on Friday, July 28 2006 @ 09:26 AM EDT
- Slashdot article about this thread - Authored by: Anonymous on Friday, July 28 2006 @ 05:48 PM EDT
- Interesting posts from Linus! - Authored by: SilverWave on Friday, August 04 2006 @ 12:07 PM EDT
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Authored by: Anonymous on Thursday, July 27 2006 @ 02:15 PM EDT |
"The clarified DRM section preserves the spirit of the original GPL, which
forbids adding additional unfree restrictions to free software."
What are those unfree restrictions of the original GPL to which I can not add
aditional ones?[ Reply to This | # ]
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Authored by: Anonymous on Thursday, July 27 2006 @ 03:16 PM EDT |
I don't think Linus misunderstood the DRM clause. He disagreed with it,
because his way of looking at the problem has changed since he was a student.
After working at Transmeta, Linus can understand *why* a company would try to
limit people from messing with software on an embedded device. As a technical
programmer, he still releases software open source and uses open source, and
demands that he not be treated as an 'IDIOT' (
http://lists.osdl.org/pipermail/desktop_architects/2005-December/000390.html ).
But he can understand why TiVo does what it does. And he disagreed with the
clause.[ Reply to This | # ]
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- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 03:26 PM EDT
- DRM "Misunderstood" - Authored by: PJ on Thursday, July 27 2006 @ 03:51 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 04:03 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 04:26 PM EDT
- DRM "Misunderstood" - Authored by: tknarr on Thursday, July 27 2006 @ 04:51 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 05:51 PM EDT
- DRM "Misunderstood" - Authored by: PJ on Thursday, July 27 2006 @ 06:05 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 06:36 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 07:11 PM EDT
- DRM "Misunderstood" - Authored by: SpaceLifeForm on Thursday, July 27 2006 @ 07:29 PM EDT
- Thanks, Linus - Authored by: Nivuahc on Thursday, July 27 2006 @ 07:33 PM EDT
- DRM "Misunderstood" - Authored by: FamilyManFirst on Thursday, July 27 2006 @ 07:38 PM EDT
- DRM "Misunderstood" - Authored by: PJ on Thursday, July 27 2006 @ 07:39 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 08:18 PM EDT
- DRM "Misunderstood" - Authored by: PJ on Thursday, July 27 2006 @ 09:38 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 02:11 AM EDT
- DRM "Misunderstood" - Authored by: larsmjoh on Friday, July 28 2006 @ 02:52 AM EDT
- DRM "Misunderstood" - Authored by: SpaceLifeForm on Friday, July 28 2006 @ 03:01 AM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 04:26 AM EDT
- DRM "Misunderstood" - Authored by: weicco on Friday, July 28 2006 @ 05:37 AM EDT
- This debate is from "Atlas Shrugged"? n/t - Authored by: Anonymous on Friday, July 28 2006 @ 08:35 AM EDT
- for as long as non-restricted hardware is available - Authored by: jesse on Friday, July 28 2006 @ 10:48 AM EDT
- DRM "Misunderstood" - Authored by: PJ on Friday, July 28 2006 @ 01:04 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 01:58 PM EDT
- Well, - Authored by: Anonymous on Friday, July 28 2006 @ 06:24 PM EDT
- Not in my world - Authored by: Anonymous on Friday, July 28 2006 @ 07:02 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Saturday, July 29 2006 @ 06:09 AM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Monday, July 31 2006 @ 05:14 PM EDT
- GPLv3 blocks source code release... - Authored by: Anonymous on Monday, July 31 2006 @ 05:41 PM EDT
- DRM "Misunderstood" - Authored by: luvr on Friday, July 28 2006 @ 06:34 AM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 10:26 PM EDT
- DRM "Misunderstood" - Authored by: MrCharon on Thursday, July 27 2006 @ 10:37 PM EDT
- "Users get jack"?! - Authored by: N. on Friday, July 28 2006 @ 05:55 AM EDT
- Nonsense! - Authored by: Steve Martin on Friday, July 28 2006 @ 08:12 AM EDT
- Nonsense! - Authored by: Anonymous on Friday, July 28 2006 @ 08:36 AM EDT
- Nonsense! - Authored by: Anonymous on Friday, July 28 2006 @ 08:44 AM EDT
- Nonsense! - Authored by: N. on Friday, July 28 2006 @ 08:54 AM EDT
- Nonsense! - Authored by: Anonymous on Friday, July 28 2006 @ 09:03 AM EDT
- Nonsense! - Authored by: N. on Friday, July 28 2006 @ 09:17 AM EDT
- Nonsense! - Authored by: PJ on Friday, July 28 2006 @ 10:02 AM EDT
- Nonsense! - Authored by: Anonymous on Friday, July 28 2006 @ 09:19 AM EDT
- Nonsense! - Authored by: N. on Friday, July 28 2006 @ 09:28 AM EDT
- Nonsense! Not - Authored by: PJ on Friday, July 28 2006 @ 10:04 AM EDT
- Nonsense! Not - Authored by: N. on Friday, July 28 2006 @ 10:13 AM EDT
- Nonsense! Not - Authored by: AJWM on Friday, July 28 2006 @ 07:16 PM EDT
- Gteeklog code example is flawed ... - Authored by: alisonken1 on Friday, July 28 2006 @ 08:03 PM EDT
- No, it's spot on - Authored by: Anonymous on Friday, July 28 2006 @ 08:55 PM EDT
- No, it's spot on - Authored by: PJ on Friday, July 28 2006 @ 09:18 PM EDT
- I disagree - Authored by: Anonymous on Friday, July 28 2006 @ 11:52 PM EDT
- I disagree - Authored by: PJ on Saturday, July 29 2006 @ 09:50 AM EDT
- No, it's spot on - Authored by: Anonymous on Saturday, July 29 2006 @ 02:19 PM EDT
- Nonsense! Not - Authored by: MrCharon on Saturday, July 29 2006 @ 12:59 AM EDT
- Nonsense! - Authored by: AJWM on Friday, July 28 2006 @ 06:58 PM EDT
- Nonsense! - Authored by: Anonymous on Sunday, July 30 2006 @ 02:09 PM EDT
- Nonsense! - Authored by: AJWM on Friday, July 28 2006 @ 06:48 PM EDT
- Nonsense! - Authored by: PJ on Saturday, July 29 2006 @ 09:53 AM EDT
- Cost v Benefit - Authored by: Anonymous on Sunday, July 30 2006 @ 05:30 AM EDT
- Nonsense! - Authored by: PJ on Friday, July 28 2006 @ 09:58 AM EDT
- Language, Please - Authored by: Simon G Best on Friday, July 28 2006 @ 01:00 PM EDT
- Wow, Linus, how are your asbestos underwear holding up? - Authored by: Anonymous on Friday, July 28 2006 @ 01:07 PM EDT
- Sorry, Linus - Authored by: PJ on Friday, July 28 2006 @ 01:24 PM EDT
- "There is nothing in the GPLv3 to..."? - Authored by: Anonymous on Friday, July 28 2006 @ 02:11 PM EDT
- Sorry, Linus - Authored by: Anonymous on Friday, July 28 2006 @ 02:19 PM EDT
- No need to be sorry... - Authored by: Anonymous on Friday, July 28 2006 @ 02:32 PM EDT
- Sorry, Linus - Authored by: Arker on Friday, July 28 2006 @ 09:38 PM EDT
- Sorry, Linus - Authored by: Anonymous on Friday, July 28 2006 @ 09:53 PM EDT
- Consider that it may be you who doesn't understand - Authored by: Anonymous on Saturday, July 29 2006 @ 01:21 AM EDT
- Think! - Authored by: Arker on Saturday, July 29 2006 @ 05:25 AM EDT
- Think! - Authored by: Anonymous on Saturday, July 29 2006 @ 08:07 AM EDT
- Think! - Authored by: Matt C on Saturday, July 29 2006 @ 01:02 PM EDT
- Think! - Authored by: Anonymous on Saturday, July 29 2006 @ 04:50 PM EDT
- Think! - Authored by: PJ on Saturday, July 29 2006 @ 08:56 AM EDT
- Think! - Authored by: Anonymous on Saturday, July 29 2006 @ 01:12 PM EDT
- PJ, do you honestly believe... - Authored by: Anonymous on Saturday, July 29 2006 @ 12:10 AM EDT
- DRM "Misunderstood" - Authored by: tknarr on Thursday, July 27 2006 @ 10:58 PM EDT
- O/T: Thank you, Linus - Authored by: bigbert on Friday, July 28 2006 @ 12:16 AM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 03:44 AM EDT
- DRM "Misunderstood" - Authored by: Wol on Friday, July 28 2006 @ 09:53 AM EDT
- This is not Linus - Authored by: Anonymous on Friday, July 28 2006 @ 01:38 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 06:13 PM EDT
- Linus and RMS - Authored by: flash200 on Monday, July 31 2006 @ 01:46 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 11:50 AM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 07:43 PM EDT
- Linus reads Groklaw!!!!! N/T - Authored by: MrCharon on Thursday, July 27 2006 @ 10:40 PM EDT
- DRM "Misunderstood" - Authored by: UglyGreenTroll on Friday, July 28 2006 @ 01:16 PM EDT
- Who Are You? - Authored by: Simon G Best on Friday, July 28 2006 @ 02:58 PM EDT
- the queer is of the queer - Authored by: Anonymous on Friday, July 28 2006 @ 10:44 PM EDT
- Input was not ignored - Authored by: PJ on Saturday, July 29 2006 @ 09:16 AM EDT
- DRM "Misunderstood" - Authored by: coats on Sunday, August 06 2006 @ 12:13 PM EDT
- DRM "Misunderstood" - Authored by: yscydion on Thursday, July 27 2006 @ 07:24 PM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Friday, July 28 2006 @ 12:37 AM EDT
- DRM "Misunderstood" - Authored by: Anonymous on Thursday, July 27 2006 @ 07:10 PM EDT
- Two different clauses - Authored by: Anonymous on Friday, July 28 2006 @ 12:31 PM EDT
- DRM "Misunderstood" - Authored by: jaken97 on Friday, July 28 2006 @ 05:39 PM EDT
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Authored by: rocky on Thursday, July 27 2006 @ 03:48 PM EDT |
I just don't understand the original fuss, or the reason for the clarification.
Why else does anyone use DRM? I thought they're always trying to keep their
code secrent and prevent the distribution or disclosure of it. If people want
to do that, they just don't have any right to use GPL'ed code. It's that
simple.
Apparently there's some kind of distinction between multiple uses of DRM that
I'm just not aware of. Can someone explain the types of DRM uses they're trying
to separate, and why one of them might be "OK" with respect to GPL'ed
code? I'm rather skeptical that anyone will be able to bring up a convincing
one.[ Reply to This | # ]
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Authored by: Quila on Thursday, July 27 2006 @ 03:55 PM EDT |
Does this mean that Linus' sharks with lasers will be free to wreak havoc? [ Reply to This | # ]
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- Not only that - Authored by: Anonymous on Friday, July 28 2006 @ 06:09 PM EDT
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Authored by: Anonymous on Thursday, July 27 2006 @ 05:31 PM EDT |
The rationale refers repeatedly to opinion documents ("Opinion on
Denationalization of Terminology", "Opinion on Covenant Not to Assert
Patent Claims", "Opinion on BitTorrent Propagation", and so on),
but I can't find them anywhere. Anybody got a link?[ Reply to This | # ]
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Authored by: Anonymous on Thursday, July 27 2006 @ 05:31 PM EDT |
From the preamble: "States should not allow patents to restrict development
and use of software on general-purpose computers [...]"
I am sceptical to the inclusion of the above or any other political statement to
the extent that there is room for confusion as to wether it is the view of the
licenser rather than the FSF. There are people who are sympathetic to both the
GPL and software patents.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, July 27 2006 @ 05:57 PM EDT |
We're getting a cross-over.
- In one corner we have "Commercial
Entertainment" ... where you buy a cinema ticket, and that gives you the right
to exactly one seat at one performance
- In the other corner we have
"Professional Services" ... where I need to be able to revise my documents
forever, be certain that there is nothing hidden in them, hand them on withot
encumbering the recipient in any way, and I need to be able to fix my
tools.
Commercial Entertainment needs games consoles and
DRM
Professional Services needs Free Software and ISO Standards
Both seem
like legitimate businesses. Neither of them needs Microsoft Windows and
Microsoft Word.
Could be fireworks ahead ... [ Reply to This | # ]
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Authored by: Anonymous on Thursday, July 27 2006 @ 07:28 PM EDT |
What Linus is saying relates to the issue of who has the rights that the GPL
refers to. Linus views the issue purely from the point of view of reciprocity
among software authors. As long as those who write the code make their code
available to others who write code, he sees no problem. In particular users of
software have no rights in his world view.
At least he is consistent. In a typical linux system users have very constrained
and limited rights and indeed linux permits the typical user a lot less freedom
than is available even under windows. In a commercial environnment the
administrators of a linux based network typically lock everything up tighter
than ... (ahem) ... a very tight thing.
Should every user on a linux system be given root so that they have the ability
to modify their operating system? Apparently not. How is this different? Yes - I
understand that a TIVO user owns their TIVO, whereas an ordinary user on a
company linux machine typically does not. Yet the GPL does not make such a
distinction - nowhere in its language do I see anything about owners of machines
being granted a different set of rights to software.
[ Reply to This | # ]
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Authored by: ciaran on Thursday, July 27 2006 @ 10:20 PM EDT |
Two docs people might find useful:
[ Reply to This | # ]
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Authored by: Anonymous on Friday, July 28 2006 @ 08:47 AM EDT |
Anyone has analysed whether the GPLv3 is compatible with LGPLv2.1 and whether
GPLv2 is compatible with LGPLv3? It would seem to be a rather important point.
It could be (very) ugly if there's no compatibility and some you end up with
some libraries under LGPLv3 and others under LGPLv2.1.[ Reply to This | # ]
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Authored by: Anonymous on Friday, July 28 2006 @ 10:42 AM EDT |
>>>
DRM "Misunderstood" Authored by: Anonymous on Thursday, July 27 2006 @
08:18 PM EDT
I tried to explain my .....
Does that explain my stance?
Linus
[ Reply to This | # ]
<<<
This posting and Linus follow up should finally put an end to a very silly
debate an to certain deletion policies at Groklaw in that one never knows who
Anonymous really is unless they tell you later in the posting.
[ Reply to This | # ]
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Authored by: TerryH on Friday, July 28 2006 @ 11:29 AM EDT |
If the principle objection that Torvalds has to Stallman's DRM clause in the
GPLv3 is that he sees it as an unnecesary restriction, would it be possible to
grant use with DRM hardware as a section 7 exemption, in the same way that the
new LGPL is constructed to allow linking to proprietary libraries?
I'm thinking of filing a comment suggesting this, but there may well be good
arguments against it. OTOH, it seems like a possible direction for truce, since
I don't think either side is keen to back down on the DRM issue.
You might ask "why bother", and that would make sense if the DRM
clause were the only change, but in fact, there are a lot of other changes,
too.
What would be the consequences of such a strategy in terms of linking and
license conversions? (e.g. would kernel modules have to use it or could they use
the straight GPLv3? If they did use GPLv3, would they then force that kernel
build to GPLv3?). I have to say, I still don't understand section 7 restrictions
or permissions or how they interact with copyleft!
[ Reply to This | # ]
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Authored by: Anonymous on Friday, July 28 2006 @ 12:18 PM EDT |
Having heard the proclamations about what GPLv3 is intended really
to say about DRM, I was surprised to find this in section 3 of the latest
draft:
No covered work constitutes part of an effective
technological "protection" measure under section 1201 of Title 17 of the United
States Code. When you convey a covered work, you waive any legal power to forbid
circumvention of technical measures that include use of the covered work, and
you disclaim any intention to limit operation or modification of the work as a
means of enforcing the legal rights of third parties against the work's
users.
So under GPLv3, you could distribute piece of software
that performed all of the functions of a DRM package, but in the United States,
at least, it would not have the legal standing afforded to all other DRM
software. As far as I can tell, this provision still places GPLv3 firmly
against licensing of DRM software, even if Stallman and Moglen can be
technically correct in claiming that the license does not forbid covered works
from implementing DRM. [ Reply to This | # ]
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Authored by: jmart on Friday, July 28 2006 @ 01:42 PM EDT |
I am glad to see the language about termination has been cleaned up. It should
now be clear that rights can be terminated immediately upon notification. The
60 day rule is a requirement that the copyright holder does the notification
within 60 days of a violation or not at all.[ Reply to This | # ]
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Authored by: TerjeBr on Friday, July 28 2006 @ 04:05 PM EDT |
Definition: A Read Only Computer (ROC) is a computer that can only
run
preinstalled programs or only programs that are approveved by the
manufacturer.
This is in contrast to a General Purpose Computer (GPC)
that can run any program
the owner of the computer wants to run.
An example of a ROC is a computer
with all its software in ROM.
Another example is a computer that controls which
software are allowed
to run on it by cryptographic signatures and one or more
keys
installed in the hardware that is secret. This type of a ROC is a much
more
practical and flexible solution (if you want a ROC) than putting
the software in
ROM, and it is this type of ROC that the GPLv3draft2
forbids.
The relevant
part of the GPL draft is in the 4th pragraph of section 1:
The
Corresponding Source also includes any encryption or authorization
keys
necessary to install and/or execute modified versions from source
code in the
recommended or principal context of use, such that they
can implement all the
same functionality in the same range of
circumstances.
The
rationale for not allowing a GPL program to be used in a ROC is
because ROCs are
considered evil. So at least people using the GPL to
protect the freedom of
their code will not allow any ROC to have the
benfit of running their GPL
program on it. This is making a political
statement about ROCs and not about the
freedom of the program that is
covered by the GPL.
I guess it is natural for
programmers to see ROCs as a threat to their
freedom. A programmers nightmare is
if the most common computer is not
a GPC as it is today, but a ROC. Then you
cant modify the programs,
and you are stuck with what the manufacturer gives you
or approves of.
The Tivo machine is an example of a ROC, so this horror scenario
has
been given the name tivoisation. Making the computer a ROC instead of
a GPC
is also a requirement for making effective DRM work on computers.
It is
understandable that when one fights DRM, one will also want to
fight against
widespread use and sale of ROCs instead of ordinary
GPCs, when the only reason
to sell a ROC instead of a GPC is because
the manufacturer wants to also make
use of DRM in their product.
That is why the fight against ROCs is seen by many
as one battle in
the bigger fight against DRM.
But my point is that there
can be many legitimate uses of ROCs in the
society. A manufacturer of flight
computers to be installed in planes
or helicopters may want to make their
computer a ROC, so the owner of
the plane or helicopter can only run
preinstalled or approved software
from the manufacturer. This is for safety
reasons, so they can give
guarantees about the safety of the aircraft. Now,
suppose they want to
develop the software as free software, so that all flight
computers in
the world can benefit from quality software, may be developed by
many
aircraft industries and programmers. But then they cant use the GPL
as the
license, because it prohibits use in a ROC. And they cant use
other free
software that is covered by the GPL.
Another example is a manufacturer of
medical equipment to be used in
hospitals. To be able to guarantee for the
safety and the lives of the
patients the want the computer inside the equipment
to be a ROC. Think
how great it is if free programs are used to control that
computer, so
that the patients can even read the source themselves if they want
to
check it before agreeing to the treatment. But the GPL as it is now
drafted
will again be a roadblock to this, and at best cause a split
in which free
license is used, or at worst encourage use of non-free
software
instead.
There are many other examples I can think of that justifies the
use
and sale of ROCs instead of GPCs in many fields of endeavor. The GPL
should
not exclude programs from being used in those cases. Keep in
mind that the
freedom to run any modified program is still there, you
just have to copy the
program to a GPC. Any modified program can also be
used by other and competing
manufacturers of ROCs, if the GPL would allow
it. The GPL should focus on the
freedom of the program and not be
constructed as a weapon against use of
ROCs.
--- Terje BrĂ¥ten [ Reply to This | # ]
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Authored by: Anonymous on Friday, July 28 2006 @ 05:55 PM EDT |
What about using GPLv3 software in the new Nokia phones (S60, S80, S90, etc)
that require all software run on the device be signed by one of Nokia's
verification partners?
Say I want to develop and sell a VPN product based on some OOS software? The way
I would do it would be
a) get the source code
b) (port it to the phone platform if required)
c) make my modifications
d) compile and make an installation packet
e) get the installation packet tested and signed by a verification center (this
costs money)
f) start selling my new software (the signed installation packet) while making
the source code also available as required by the OOS licence
Now, if the original software was licenced under GPLv3, would I be able to do
this or not, given that I do not own the keys that the verification center uses
for signing the installation packets?[ Reply to This | # ]
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Authored by: dwheeler on Friday, July 28 2006 @ 06:39 PM EDT |
One section they removed was "how to apply this to your own software". I think
this is a dreadful mistake. Licensing is complicated, and few are lawyers.
Having the "magic incantation" text in the license itself is very helpful, and
makes it more likely that those who would like to use the license can do so
correctly.[ Reply to This | # ]
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Authored by: pnambic on Friday, July 28 2006 @ 08:53 PM EDT |
Say I take some GPLv3ed software, modify it to suit some
hardware I built, and then sell the resulting device in a
tamper-proof box (for example by putting the firmware on
an old-fashioned EPROM, and encasing the whole thing in a
solid block of carbon fiber-reinforced plastic). I do of
course provide the full source code for everything running
on the device on my web site. I even publish the full
hardware specs and data sheets.
Am I in compliance with the GPLv3? If not, why not? If I
am in compliance, why should I not be in compliance if I
replaced the EPROM with flash and the carbon fiber with a
checksum verifier (which is presumably a lot cheaper)?
[ Reply to This | # ]
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Authored by: hbo on Friday, July 28 2006 @ 09:36 PM EDT |
Well, probably not. The problem is not that our devices mix hardware and
software, but that they mix matter and mind! The realm of human
ideas is full of slippery slopes and ambiguity, clashes of opinion and black and
white outlooks. It can be messy and frustrating.
Here's one
simplifying assumption that I find helpful in clearing up some of the mess
around these topics. Linus represents developers, whereas Richard
Stallman represents users. The two groups have partly overlapping and
partly divergent interests. The issue with closed hardware shows this nicely.
Richard Stallman decries the loss of freedom that tying software to a particular
platform or device will bring to users. He can certainly muster arguments
as to why that's bad for developers as well, but the basic perspective his
concern arises from is that of the user. Linus, in contrast, sees the GPLV3 as
restricting a software architect's ability to perform a whole class of practical
and useful functions, such as verifying that an OS has not been corrupted - by
the user or otherwise - before it is allowed to boot. The posting putting that
in the context of a medical device gives the best example of that sort of
application I've seen in today's discussion.
There are other obvious
differences between the two. Recklessly engaging in more nuance-quashing
simplification, Stallman is ideological, while Linus is practical. To add a
little nuance to that, you could note that both have produced important
software. But Richard's masterpiece is the GPL, whereas Linus' crowning
accomplishment is the Linux community. Linus thinks the biggest benefit
of the GPL, in practical terms, is its fairness. He denigrates the thing
that is precious to Richard: its Freedom.
What seems amusing to me
is that both might disagree with the idea that Richard's Freedom is one big
reason why Linux is successful in corporate settings. It turns out that
many businesses tend to see themselves principally as users of software,
so naturally, the user-centric GPL has value to them, once they get past the
"software ownership is immoral" rhetoric of the License's author and actually
read the thing.
I see two big ironies here. First, Richard Stallman's
attempt to reformulate the GPL will fail if he doesn't hold on to
developers as a constituency. And a large segment of them, maybe a
plurality, tend to think like Linus. Second, I think Linus soft-peddles the
threat that locking software down to a particular machine or OS poses to Linux.
With the current regulatory environment in Europe, I seriously doubt that
Microsoft will even try to take immediate advantage of the opportunity embedded
keystores will present them with, but governments surely will.
Finally, I'd
like to offer my heartfelt thanks to Linus and to rms. Both these gentlemen have
strongly influenced my life and career. I'm grateful that both are still going
strong, and pursuing their divergent, but complementary visions of how software
should be done. Please don't ever agree on everything, guys. We need both
perspectives.
--- "Even if you are on the right track, you'll get run
over if you just sit there" - Will Rogers [ Reply to This | # ]
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Authored by: Anonymous on Friday, July 28 2006 @ 11:29 PM EDT |
"The GPLv3 tries to expand the copyright past the project itself. Instead of
saying that it cares about the source code, the GPLv3 says that it also cares
about the hardware, and the environment required to run the source code. That's
a big thing."
Why not include a seat in parliament too? ;) I did a lot
of reading to get to that statement. For me it summed it up pretty well. Also,
I have been in the unenviable position of trying to explain technical issues to
non technical people way too many times. My son has a favorite saying.
"Anything sufficiently complex is indistinguishable from magic." If you don't
understand how that follows, well..... ;)[ Reply to This | # ]
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Authored by: Anonymous on Saturday, July 29 2006 @ 02:00 AM EDT |
That's fine for the original owner of the device. Now, let's say the device has
a two year warranty. After six months, the original owner who tinkered with the
device sells it on eBay without telling the new user of the changes and loss in
warranty? That new user will waste the vendor's time and money.
Also, what if the above device has an interface to enter credit card information
to sign up for an online service? The original owner could have changed the
software to log all data entered.
To take this another step, let's say some crooked guy that works in a
distribution center modifies the software on every device before it is sent
out?
There is an expectation that appliance devices work as expected and there is a
level of trust with the manufacturer. Also consider how litigous the US has
become. A company could conceivably be held liable for not locking down and
validating the security of the above device.
The answer is very simple. Those users that want to tinker should only buy
hardware that permits tinkering. Attempting to force vendors to either allow
tinkering or to use inferior software does not seem like a good idea to me.
[ Reply to This | # ]
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Authored by: rdc3 on Saturday, July 29 2006 @ 10:45 AM EDT |
I found the give and take on the topic of GPLv2 vs. GPLv3 to be fascinating
and illuminating. Thank you both.
I am particularly glad to see Linus
make his comments here, as the pragmatic point of view is often not well
represented. It is important that debate
on critical issues that can
potentially
divide the broad FOSS community
can take place on a basis of mutual
respect.
I do appreciate PJ's efforts to keep things civil.
Name
calling discourages serious give and take on important
issues. However, I wish
that the admonishments would
extend to those within the community who tend to
overuse
epithets like "troll." PJ does have a serious problem
with actual
trolls. One of my pet peeves is the
tendency for a comment to be labelled and
dismissed
as trolling merely because it questions an ideal
from a pragmatic or
other perspective.
Ideals and idealists are important. Richard
Stallman
deserves great credit for establishing and fighting for the
ideals of
free software/software freedom.
However, there is idealism too in the
focus on "quid pro quo" that Linus espouses. It is the academic ideal, widely
cited in university mission statements, of "advancement and dissemination of
knowledge." The reciprocity (copyleft) provisions of GPLv2 and other
reciprocal open source licenses serve the advancement and dissemination
of
software knowledge very well.
However, the academic ideal of
advancement and dissemination
of knowledge is neutral with respect to the
application
of knowledge. To restrict by legislation or other
legal instrument
the application of knowledge, is outside the bounds of academic ideals and
generally considered
to be highly questionable.
The academic stance is rather
to speak out against
the misuse of knowledge through argument and critique.
Education ahead of legislation is always the preferred
approach.
From the academic perspective, then, the reciprocity
provisions of
copyleft licenses are the one kind
of restriction that may be justified on the
grounds
of ensuring that advances in knowledge are disseminated.
I think there
is great merit to the viewpoint that Linus
takes in identifying the "quid pro
quo" as the essential
value and beauty of GPLv2.
On the technical issue
of the DRM restrictions in the proposed GPLv3 draft, Linus is right. Although
many
applications of DRM are badly misguided and downright
evil, there are
legitimate and important security and
safety applications. We simply can't
throw out the
baby with the bath water.
[ Reply to This | # ]
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Authored by: jbb on Saturday, July 29 2006 @ 01:44 PM EDT |
Linus claims that his take on the GPLv3 is pragmatic but I
think it is also
short sighted. Despite all of the ad
hominem attacks against RMS, he
has a proven track
record of seeing what is around the next corner better than
anyone else I know of.
It is because RMS is so far-sighted that he is often
near
the center of very heated and passionate debates. He is
extremely
valuable to the community precisely because he is
asking us to look at things
differently from the way we see
them now in order to solve problems that have
not hit us
yet but are coming down the road.
I tend to take a pragmatic,
engineering, approach to things
and this has caused me to disagree with RMS in
the past.
In the fullness I've time I've discovered that where we've
disagreed, I've been consistently wrong and he has been
consistently right. I
encourage people who disagree with
RMS because of pragmatism to stop for a
moment and really
try to see if RMS is solving a problem that is not right in
front of us but is coming down the pike. Very often,
people with a pragmatic
viewpoint miss seeing the forest
because of all the trees.
RMS is trying to
provide us with the least restrictive
license possible that will guarantee the
end users/owners
certain basic freedoms. The key point in the current GPLv3
DRM discussion is: who controls the keys? Is it the
manufacturer or
the owner?
The problem that those with the "pragmatic" viewpoint seem
to be
ignoring (or unaware of) is that if the manufacturers
are allowed to control
the keys then GPLv3 code could be
used as part of a movement to destroy the
owners' freedom
on all of the devices they own.
RMS is trying to
create a license such that the people who
use this license are sure that the
code they write cannot
be used to destroy owners' freedoms. With this there is
at
least a glimmer of hope that FOSS will continue to thrive
and flourish,
even if it is only in a small enclave
protected by the GPLv3.
Again, the
key question is who will have control, the
manufacturer or the owner?
Here is an example.
Linus has mentioned that he wants to be able to sign his
code so people know it is the real deal from him. This is
good. In fact
prevention of code signing would be a total
show-stopper for GPLv3. Linus
should be able to sign code
and people should be able to know if the kernel
they are
running is signed by him. What the GPLv3 takes away from
Linus is
his ability to prevent owners from running code he
didn't sign.
I don't
think Linus should have that ability (even though I
highly doubt he personally
would ever use it). Writing
code under the GPL is almost always a group
effort. I
don't think it is keeping with the spirit of the GPL to
allow one
person from that group to have total control over
what software the owners of
the computers are allowed to
run.
It is technologically feasible that the
next generation of
computers will all be equiped with treacherous computing
components that will be able to take total control of the
computer away from
the owner and give it to the
manufacturer so that the owners have absolutely no
control
over the software that runs on their own machines. The
GPLv3 will not
prevent this from happening. But it will
prevent GPLv3'ed code from being used
as part of this take
over.
--- Anyone who has the power to make you
believe absurdities has the power to make you commit injustices. [ Reply to This | # ]
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Authored by: wharris on Sunday, July 30 2006 @ 06:16 AM EDT |
OK, some people disagreed with my voting machine example, so I have
another one.
Cellphones are each assigned a unique identifier (ESN) which along with the
assigned phone number uniquely identifies an account to charge for service. I
hope everyone agrees that the cell phone manufacturer has a legitimate
reason to prevent me, the customer, from reprograming my phone to
impersonate my parents, Linus Trovalds, or anyone else I can get the ESN for.
Thus, the hardware must ensure that the software reading the ESN is not
tampered with (and thus guarantees that the ESN comes from ROM), the
software initiating communicate is not tampered with (and thus properly
transmits the ESN given by the first routine), and whatever OS is used is not
tampered with (and thus uses only the approved routine for initiating calls).
If the company allows for firmware updates then it is not allowed to use GPL3
code in its implementation. I think the world will be a better place if the
source code used by cellular telephones is available for scrunity, and they will
be chepear if the companies have a free OS to use rather than having to pay
for WindowsCE.[ Reply to This | # ]
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Authored by: TerjeBr on Sunday, July 30 2006 @ 07:45 AM EDT |
Suppose some manufacturer made a computer that would only run programs signed by
their master key or signed by a per computer specific key. Suppose also that the
owner of this device would only be able to read and copy this device specific
key if it was opened and a seal broken that voided the warranty. This would be
in compliance with the drafted GPLv3 right?
A key need not be
included in cases where use of the work normally implies the user already has
the key and can read and copy it, as in privacy applications where users
generate their own keys.
The user already has the key and
can read and copy it, even if the normal user would not venture inside
the device to open up the hardware limitations to get the
key.
--- Terje BrĂ¥ten [ Reply to This | # ]
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Authored by: Anonymous on Monday, July 31 2006 @ 02:50 PM EDT |
I can see your point and it does have some merit. Knowing these
places as I do I
for one would much perfer to see these sorts of things locked
down while in use.
I would no objection to out of use equipment being GPL'ed or
whatever. In use
stuff *has* to be nailed down - for legal as well as practical
reasons.
There is nothing stopping me from driving my car into
a crowd of people. However, if I do I will surely be sued (among other things).
It's better to be safe though so Ford should make my car so it will only drive
me to and from work and to and from the store.
My suggestion is
that there is a place for closed source with or without
physical restrictions
and a place for FOSS and that in some situations one is a
better choice than the
other.
No problems there. Just don't use my FOSS code in your
crippled device and we're both happy. :)
-Void
[ Reply to This | # ]
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Authored by: ShawnX on Monday, July 31 2006 @ 11:55 PM EDT |
Linus,
I think we need to be careful. There has to be several
balances struck:
1) That companies can benefit using the kernel source code
as they wish within the context of the GPL.
2) That Open Source developers can benefit from using the
kernel source code within the context of the GPL.
3) That end-users can benefit from the work done by the
Open Source community and or proprietary companies.
4) That end-users are not restricted in their freedom to
use the Linux kernel or any other version of the kernel
they should so choose.
5) That companies cannot impede on end users rights to
their hardware by restricting what kernel can be used.
Do you think Linux would exist today if all of this evil
DRM crap existed in the early '90s?
The only way DRM can work with Linux is that DRM that is
targeted for certain situations that do not affect 'The
Public Good' should be exempted from being harassed by the
GPL. However, I'm unable to think of how that would work.
Honestly now, If the GPLv2 is left to erode further, Linux
as we know it will die. Perhaps we need an update to v2.0
(say 2.5) which stops the erosion just enough but keeps
the spirit of v2 license alive?
Companies can't be kept honest and will do whatever they
can to run circles around the GPL no matter what you say.
I know the kernel is stuck with v2, unless the kernel bits
are replaced slowly over time. But now is not time to play
poltics with the FSF and the Open Source community. Let's
not watch all the hard work that you and lots of other
people put into the kernel gradually die. That's not in
your interest or anyone elses.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 01 2006 @ 01:34 AM EDT |
Not sure if this is feasible if the whole end user system is open. But this
isn't necessarily bad. Without any form of fool-proof hardware DRM the
proprietary software and music businesses have survived. Thus claiming that DRM
is necessary goes against historical fact. Those whispering in Linus' ears may
offer him riches beyond his imagination for cooperating, but they can't be
serious and suggest the end of the world would come to pass under GPL3.
If I believe that such a world with strong DRM locked up in hardware is worse
for me, it makes sense I support something like the GPL3 which discourages it or
at least legally disallows others to use GPL3 software to achieve those ends.
And I am sure there would also be alot of support for an environment that was
friendly to having music and other copyrighted material be more readily
shareable and adaptable. Like open source, more interesting music might come
into existance faster. And jobs wouldn't vanish. They never do. They just
relocate.
[ Reply to This | # ]
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Authored by: flash200 on Tuesday, August 01 2006 @ 11:15 AM EDT |
Linus claims that the GPL v3 is saying that software should trump hardware, that
a software license should be able to dictate rules to the hardware it runs on.
That's a straw-man argument. What the FSF is saying is more that hardware
doesn't have the right to trump software--at least in the case of the GPL--that
the two should either coexist peacefully, and respect the terms of the other, or
they shouldn't be used together.
Linus also claims that GPL v3 is not proactive in nature, that it's more about
stopping DRM than promoting the freedoms of the GPL. This is a more reasonable
argument to make, but I likewise disagree.
If group X starts trying to deprive a person of freedom Y, is it reactive for
the person to openly assert their right to freedom Y? Is it reactive simply
because up until then no one was trying to deprive them of freedom Y? If the
person was already making use of freedom Y, the only change is that their wish
to assert that freedom is now explicit rather than implicit. Their goals and
intentions remain the same, and were not influenced by group X.
The FSF is not saying, "You can't make DRM devices". They're not
making any effort via GPL v3 to prevent DRM devices from being made. What
they're doing is saying, "You can't use DRM to invalidate the freedoms of
software covered by GPL v3".[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 01 2006 @ 05:08 PM EDT |
Hope the two main characters don't feel insulted, but here goes...
Linus is for a great developer time and developers getting together to build
better products faster (this benefits end users).
RMS is for end users being protected. His fear and his being against something
are directed towards a scenario where a company has too much power and then
won't share. This worry and effort allows for developers to be relaxed about
otherwise worrisome potentially uncomfortable or damaging situations.
In Linus' world, people cooperate with him to beat common foes. TiVo, for
example, is not perceived much as a threat but a borrower that may one day
contribute back or open up more voluntarily. Microsoft is being beaten. Many
others seem to be cooperating more and more each day.
The world of RMS has to deal with those constantly trying to thwart the peace
(SCO and Microsoft being just the major current examples: the latter answering
only to the letter of the law if anything and when in the mood; the former
confused but dangerous nevertheless). Not concidently, it appears that those
most subdued by the legal protections are those who most desire to control the
entire market, care the littlest about most end users or the majority of
developers, and have the most power.
Both tactics are useful; however, it is unfair of Linus to call RMS's focus
useless. Linus' methods and style may be more practical in getting otherwise
hard to acquire code written (both kernel code via hands-on work and discussion,
as well as drivers that require added cooperation from specific groups). But the
GPL has likely been a greater catalyst for getting FLOSS mainstream. For
example, it gives businesses with copyright a nonnegligible advantage over
competitors while allowing for a developer community to be happy because the
majority of the field (save for the copyright holder) is effectively working at
the same level legally, and the leader in the field getting ahead only so long
as they don't stray too far to destroy their goodwill.
Linus' method may be best most of the time (during peace time). It is the nicer
cooler side of FLOSS. This is the good cop. However, it is nice to know that
there is a large mouth with real teeth lying in the not too distant background,
every so often coming out to set some order among groups that get too far out of
line. Yet the side of FLOSS that gives it teeth, the bad cop, is not such an
uncool thing to have either.
[The bad cop may be too unrefined for daily contact with the people, but it may
be just what is required when there is a war... btw, I am not convinced that
Linus' method may not win out without RMS' worry to help it, but it is tough to
deny that together they probably keep FLOSS larger and healthier than either
would alone. .. and the bad cop is not that bad actually.. at least that hasn't
been the case yet.. let's hope the good cop offers enough of a carrot to
potential troublemakers to avoid serious confrontations (SCO has not really been
very serious, perhaps by design, perhaps because of the good cop aura).]
When these two read this they will surely start to cry, but I do hope the making
up session doesn't last too long because these two are in fact sworn enemies by
design.
[ Reply to This | # ]
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- For and against - Authored by: Anonymous on Wednesday, August 02 2006 @ 02:08 AM EDT
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Authored by: Anonymous on Wednesday, August 02 2006 @ 02:02 AM EDT |
If the GPL3 includes a link to an errata, definitions page, rationale page,
interpretations page, etc. that is updated (keeping the older comments), this
would help make the license more long-lived. Think of how the US Constitution
has not itself been modified but the law of the land has via the extension
points laid out in the Constitution (eg, Congress will make laws.. and
provisions for amendments).
This way as the definition of "open" or "hardware" or
"modification" or anything grows and varies over time, the updated
website page can reflect this so that interpretations of the license from that
point on are more likely to be homogenous.
This way we don't have to think everything through now.
I am not sure how best to do this. Maybe only some sorts of additions would be
legally binding. I don't know, but there should be a way to include the
unforseen (but keeping in spirit) without having to wait another 15 years or
come up with a new version every 2 weeks to reword a clause. Naturally, no one
would be bound by something that wasn't listed at the time they accepted the
license. Also, this should be for minor changes (and things like
interpretations) that could probably be ignored (not missed) in the majority of
the cases (there should be nothing new but only extra verbiage or slight
fixes).
I am guessing this might be a good idea. Then again maybe GPLv3.0.0.23.4 is
actually better and less ambiguous.[ Reply to This | # ]
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Authored by: bloggsie on Wednesday, August 02 2006 @ 05:27 AM EDT |
PJ: Please consider for one moment this situation. You
are running an
organization which collects sensitive data
from a large network of many
thousands of machines. They
are set up to deliver the numbers, in a very timely
fashion, to a central repository. Remember that these
machines collect
sensitive data, upon which
decisions of real consequence will be made.
Now please
remember that
because they are networked they could well be
interfered
with, in spite of the best will in the world and with all
precautions taken. The only way for you to be able to
trust this veritable
army of machines is for you to test
that each and every one has not been
interferred with in
such a way that it corrupts the data it records. The only
way I know of to guarantee this is to make sure that the
program running in
the machines reports a crypto hash of
the contents of its program memory via a
cryptographically
secure communications channel. If my understanding of the
GPLV3 is correct, and I sincerely believe it is, GPLV3, in
effect prohibits
the use of GPL software in, for example:
Voting machines; EFTPOS and cash
dispensing terminals;
Casino machines; etc., etc. PJ, Whilst I appreciate
your concern for individual freedoms. Is that really what
you want? [ Reply to This | # ]
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Authored by: flash200 on Wednesday, August 02 2006 @ 09:56 AM EDT |
In the Tivo example, an OEM is taking GPL software from the community, and
they're publicly distributing it on hardware on which you cannot run modified
versions of the software. That goes against the spirit and the intent of GPL v2.
Allowing the use of GPL software on such such devices requires giving up some of
the intended protections that the GPL offers, protections that, while implicit
in v2, were made explicit in v3. It requires yielding ground legally in the
interest of gaining marketshare.
Is it worth gaining marketshare in areas where freedoms are lost, areas in which
marketshare can only be gained by giving up those freedoms? What's gained by
this, aside from a bigger marketshare for crippled versions of free software?[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, August 02 2006 @ 10:18 PM EDT |
I'm not sure if this is Linus, but this is what the whole big thread with him
boils down to:
<i>
What does online security have to do with it?
Authored by: Anonymous on Tuesday, August 01 2006 @ 10:16 PM EDT
Er..."online security" has nothing to do with the discussion, that's
what firewalls are for :-)
The conflict boils down to "can I force YOU to run MY binary to access MY
online service". The GPLv3 says "NO!"
I presume the GPLv3 says this because it's exactly what DRM systems today are
doing, and they don't want GPL software to be used to implement DRM.
The problem is that the EXACT same technology is used for legitimate purposes
too...so by preventing the use of GPLv3 software in DRM systems, they are also
preventing a whole class of useful (to somebody) services from being released
under GPLv3.
In other words, I cannot legally give you a binary compiled from GPLv3 code and
retain the ability to validate you haven't changed it...which certainly DOES
stop me from implementing DRM...but it also stops your computer from doing
trustable work for me (eg http://setiathome.berkeley.edu/)
Clear?
-b
</i>
Then you have this:
<i>DRM "Misunderstood"
Authored by: Carlo Graziani on Friday, July 28 2006 @ 01:13 PM EDT
I really don't see what is wrong with manufacturers saying "you cannot run
unapproved software on this device", and making sure that that rule isn't
broken.
Precisely.
Look, let's move this discussion away from Tivo, which everyone hates. There are
other kinds of software-controlled devices where it is both potentially illegal
and a bad idea to allow unauthorized, un-audited code to run.
Wireless devices are a good example. They have to behave according to limits on
emissions set by the FCC, for safety, environmental, and interference reasons.
Often those limits are enforced by software -- the device itself can physically
exceed them.
It would make no sense to insist that anyone should be able to run their own
version of the driver code on the device, since this would invite
morally-retarded programmers to juice up their devices, polluting the spectrum
for everyone else.
Incidentally, this is not a theoretical case. Linux kernel support for the Intel
ipw2200 wireless chips comes separated into two components, the driver (source)
and the firmware (binary, supplied by Intel). I believe (but I can't confirm,
unfortunately) that the binary firmware is signed, Tivo-like, and the device
won't run if the signature doesn't match. This is not so as to allow Intel to
perpetrate some nefarious licensing scheme, but rather so that they can provide
Linux support without getting into legal trouble with the FCC. See section 0 of
this document for details.
I believe it is likely that Intel support for this device would not be possible
under GPLv3. This would be A Bad Thing.</i>
Fair enough argument, but are we reading the same <a
href="http://gplv3.fsf.org/gpl-draft-2006-07-27.html">draft</a&g
t;?
There are at least a couple of issues which is raised in the GPL v3:
1) Authors not able to raise patent-litigation against licensees without voiding
GPL license.
Status: Good thing.
Why: Against the spirit of the GPL, even GPL v2 disallows this I believe.
2) Authors not able to raise DMCA-lika litigation against licensees without
voiding GPL license.
Status: Positive.
Why: In spirit of FSF and GPL-license. However, it is clearly a jab at DMCA
itself and may or may not earn disrespect in USA courts.
3) Authors not able to license patents concerning the work without shielding the
users or providing infringing material for free!
Status: Divisive.
Reason: Messes with the business side of things. Plague or colera? You are sued
by a patent-holder, while if you yield, may become responsible for your users /
be forced to aquire an even larger userbase. If not, a lengthy court-battle
where you may lose ensues and you may in both cases lose GPL rights.
This shows that there is an imminent war-front in this regard. I must confess I
think the GPL is right that this may become an issue. Without these clauses, GPL
conveyors might not sublicense the patents or may abandon its userbase rights
through nefarious agreements concerning IP. Then they should not be using GPL
software, thus have their license revoked.
Legally speaking this protects the freedom of the GPL software concerning
patents. So I'm slightly more positive than negative about this, but only
because this shows the industry might be at the brink of a patent-war. It's not
going to be easy..
4) Over to the Linus-comments. From section 3 in GPL v3:
<i>No Denying Users' Rights through Technical Measures.
Regardless of any other provision of this License, no permission is given for
modes of conveying that deny users that run covered works the full exercise of
the legal rights granted by this License.
No covered work constitutes part of an effective technological
"protection" measure under section 1201 of Title 17 of the United
States Code. When you convey a covered work, you waive any legal power to forbid
circumvention of technical measures that include use of the covered work, and
you disclaim any intention to limit operation or modification of the work as a
means of enforcing the legal rights of third parties against the work's users.
</i>
This means everything should be accessible, modifiable, runnable, but not
including against an online service. The license doesn't mention online
services, neither does it grant anything to performances of GPL v3 works as far
as I can read..
Status: Makes GPL unusable for some proprietary projects.
Why: Delivering a system with secret root password? Not allowed by this clause.
However, according to FSF every system should be general purpose when possible.
My take is that this is showing an FSF going actively to war against limited
systems.
This might make us all have to re-think how we're relating to software,
including Linus. Security which is going behind the user's backs are not
tolerated by GPL v3, e.g trusted computing and networks.
Overall, if it succeeds, this may be a good thing!
This clearly draws the frontline for a new battle.. This time, the sides are
less clear.
Realistically, I doubt the GPL can survive without a fork. Not all GPL users
will "upgrade" to v3 for fear of becoming responsible concerning
patents and being dragged into FSF's warzone.
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Authored by: Anonymous on Thursday, August 03 2006 @ 07:26 PM EDT |
Maybe the clauses can be designed well and software can be written to manage it.
Particular combinations are given human readable names (LGPL, GPL, GPL-P,
GPL-DRM, etc), but in any case we can write rules of what clauses (among the
batch) can be combined with which other ones if XXX is desired. [An end goal can
be to break all FLOSS licenses into sections that can be combined with any other
section (so we would have a multi-categorized/tagged database of clauses) to be
able to produce yes/no answers to standard queries on the overall Frankenstein
license being created.]
You should be able to take a distro, for example, and with one click know all
the applicable licenses for the included software and be able to follow a link
to a list showing exactly what is licensed how. This can have many views to make
it easy to answer many important questions readily. Something else that would be
useful would be to have an editor (or many.. example via plugins) and whatever
you open on the system, it marks it by the license (even subparts of a file can
be recognized to have different copyrights). For cases where the info is not
known automatically, the default can either be "I don't know" or
"You?" For all cases, however, the user can modify the info to fix it
(and have the modifications saved for later recreation). For example, you copied
something from the web. Initially the system tags it as unknown. Later, you open
up an editor and adjust the copyright info based on what you know or had read on
the web.
To get started, we just need a few small standard. Then anyone can build a
viewer as well as integrate it with other programs or even process the
information for whatever use. Part of the standard can even include guidelines
for how to id a work inline so that it can be scanned to discover the license
automatically (eg, @copyright-owner=Foo Bar, @license-name=GPL, or as an option,
another file ending in .meta with some particular format and in the same
directory, etc). Some will write programs to then scan and discover as much of
the copyright info automatically as possible (hopefully with very few false
positives). Others can manually classify everything they find.
If people don't do this voluntarily, I think there are already companies
providing this or similar services to large customers.
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Authored by: Anonymous on Monday, August 07 2006 @ 04:17 PM EDT |
The GPL3 stops DRM. What this means is that the person selling a machine or
device using GPL3 code to implement the DRM must give the keys and every other
secret over to the owner (or much better allow the owner to generate a new
batch). What this means is that only the owner of the device will be able to
really be sure that their digital material will not be used, viewed, etc, on
that device by someone or something that is not supposed to (thus Hollywood
probably does not really like this arrangement).
Some examples:
[DRM music]
A device comes out from WeMakeDRMDevices Inc using a GPL3 os (Linnux 3) to
implement its lowest layer DRM, and as per the GPL3 license, they hand the DRM
secret material over to the owner-buyer. The owner, WeLeaseBigBadDevices, leases
the devices to its BadCustomers(TM) that pay the monthly subscription to talk on
the device, listen to music, and have it help them cook Worse(TM). The customers
can, neither by contract nor in all likelihood by reverse-engineering (if the
design is solid), overcome the DRM. However, WeLeaseBigBadDevices can control
the contents of the device, and unless WeMakeDRMDevices is illegally holding
something back (or kept a copy of the key), WeLeaseBigBadDevices has complete
control over the device. Of the three parties, the GPL3 guarantees that the
owner is the one with power, not the manufacturer nor the customers.
You buy the device above from WeMakeDRMDevices. After receiving/generating the
DRM key material, you and no one buy you has ultimate control over the contents
of that device (again, unless WeMakeDRMDevices is illegally holding something
back). Later you buy a DRM protected application and some songs. Six months
later, someone figures how to crack the application/songs because they were able
to analyze the program transparently (using their reverse-engineering tools).
While the application used tough encryption, they were able to look at the
application do its thing because the operating system did not have DRM
controlled by a third party (only the application did, but the operating system
is a lower level than the application). A new decyphering application was then
posted on the web to allow bypass. You got a copy of the program and used it to
do a better backup of your songs than the software that came with the DRM
application allowed. You consider this fair use and like that you now have a
product that is better than before. It is very possible you have broken no laws
though some may differ claiming DMCA trumps the fair use.
[Voting machines]
Another company, WeMakeDRMVotingMachines, just got a large order from the state
of Washington for their Linux 2.6 DRM'd voting machines. The machines come with
instructions on how to set everything up as well as some "privacy"
keys. The state of Washington, new owners of the machine, proceed to set
everything up for the next elections. As the election results are being tallied,
a rogue WeMakeDRMVotingMachines programmer, working in conjunction with Mr. BG
Smith, III, uses some secret keys held at WeMakeDRMVotingMachines that control
the actual DRM. After a quick upload to the machines, we find out that the next
state governor will be [drum roll] Mr. BG Smith, III! Hip-hip h.... And the best
part is that while the rogue programmer sold out for 3 million,
WeMakeDRMVotingMachines knew nothing and broke no laws.. assuming anyone would
even suspect anything. According to Linus' GPL2 license, WeMakeDRMVotingMachines
was well within their rights to keep the DRM protection under lock and key in
their sole custody and to do with as they desire (save some other contractual
obligations or laws). Six years later, with the state on the virge of collapse,
the last decent (and overworked) administrator having access to the purchasing
documents realizes that Washington never really controlled the machines (The
GPL2 was used and not the GPL3). It would explain why so many unpopular
candidates managed to win over the previous elections.
WeMakeBetterVotingMachines, a competitor in the voting machine market, sold
their wares to the other 49 states and various territories. Happily, there were
no problems reported with the excellent machines. Each of the purchasers got a
fresh and unique set of keys to exercise total and sole control over their batch
of machines set up througout their states. Not coincidently,
WeMakeBetterVotingMachines used Linnux 3 to run their machines, which license
terms (GPL3) required they release the key generation instructions to those who
bought their machines. Otherwise, they certainly would have been tempted to
spend their big investment bucks, not on programmers, but on an expensive
salesforce that very competently know how to raise their arms up in the air and
say to the customers, "Sorry, we'd like to give you complete access to
these machines you are buying from us, but then everyone else buying these
machines would be able to hack into your machines and to mess with your
elections. This is why our design allows for only one very secret key to exist
and we keep it under a big bad lock and key, secured away from those that can't
be trusted."
[Some more music]
Finally, going back to the example from WeMakeDRMDevices (which also uses Linnux
3), you then decide to sell your used device at a second hand store for 10
bucks. Along with the used machine, you hand over some papers you received when
you bought the device at the store. Essentially, these papers hold a copy of
GPL3 as well as instructions for the next owner on how to generate a fresh set
of unique keys to control completely and solely the DRM technology in the
machines. The new owner will not have to worry about anyone else messing (at
least no more than they would worry that you or WeMakeDRMDevices are breaking
the law by holding back) with their old collection of songs they created in the
shower which is expected will be added to the device for safekeeping along with
songs from professional artists they expect to buy.
[Wrap-up]
Throughout these stories, no people, animals, or very many minerals were harmed.
All participants came off happy except most citizens of Washington state. DRM is
doable. There was the scenario where the owner leased out the devices it owned
in order to sell DRM songs to their customers. We also had voting machines that
were owned and controlled, as makes sense, by none other then the governments
that bought them. All of these happy stories were made possible thanks to the
tremendously useful piece of software, Linnux 3, a new and improved fork of
Linux 2.6 that has key portions rewritten and licenses GPL3.
I think I understand some of Linus' view, but I don't agree all that much with
it. What I see is that Linus doesn't want to have Linux lose its momentum to
something like a BSD because of GPL3 concerns by hardware makers. Linux is happy
if hardware makers use Linux and then contribute something by way of specs or
drivers (even if binary). But many won't contribute back the hacks they pulled
on vanilla Linux using hardware. One of these might even grow to be the next
Microsoft in .. games, entertainment, and the supercomputing markets. [The
all-in-one XBox Xtreme.]
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