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GPL Hindering Two-Way Code Sharing?
Posted by
kdawson
on Sun Sep 02, 2007 01:54 AM
from the thank-you-and-goodbye dept.
from the thank-you-and-goodbye dept.
An anonymous reader writes "KernelTrap has some fascinating coverage of the recent rift between the OpenBSD developers and the Linux kernel developers. Proponents of the GPL defend their license for enforcing that their code can always be shared. However in the current debate the GPL is being added to BSD-licensed code, thereby preventing it from being shared back with the original authors of the code. Thus, a share-and-share-alike license is effectively preventing two-way sharing." We discussed an instance of this one-way effect a few days back.
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Linux: Linux Wireless Driver Violates BSD License? 355 comments
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Submission: Stealing Versus Sharing by Anonymous Coward
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You are in a maze (Score:5, Funny)
Do you tag this article:
* noshitsherlock
* duh
* wateriswet
* slownewsday
* cowboynealsayalloftheabove
Sigh.
For fucks sake, it's forking... (Score:5, Informative)
The GPL and BSD type licenses coexist perfectly, so long as both parties take the time to understand each other. Which is mostly the way it's happened. Kind of making this a none story.
Re: (Score:3, Insightful)
This is not the point (Score:5, Insightful)
Parent
Re: (Score:3, Informative)
And that's the inherant problem with the BSD license, people can mod your code and not give it back to you.
The complaint here is about the hypocrisy of the GPL camp, who claim that they don't want anyone to use their code without giving back the changes, but then turn around and do just that to the BSD people's code.
There's no hypocrisy in that. Anyone can use the changes that where GPL'
Ball of confusion (Score:3, Interesting)
You guys are confused. BSD code does make it into proprietary products, but you do not get to omit the fact that there's BSD code in it. We see it all the time: "Copyright The Regents of the University of California (etc.)..."
So, you
Re:For fucks sake, it's forking... (Score:4, Interesting)
It takes more effort to change the licensing in such a way that the BSD camp can't use the code. So it's kind of a slap in the face. I think that's where the animosity comes from, especially since the GPL camp proclaims to be all about freedom and sharing.
Parent
Re: (Score:3, Insightful)
Is it nice to give back under the BSD? Sure! But not doing so is not rude. They could have used the GPL if wanted it to be given back under the same license. Instead by using BSD they explicitly give you the legal right and moral OK to not give back.
Erasing the copyright info is definitely illegal. No arguments there.
Simple solution (Score:2)
Re: (Score:2)
Re:Simple solution (Score:5, Interesting)
I think the point of the story is the following:
1. Developer A writes some code for OpenBSD (or whatever)
2. Developer B says "that's cool, I wish Linux had that"
3. Developer B ports developer A's code to Linux
4. Developer B then starts improving on A's code
However, developer B doesn't want to release his changes under the BSD license, so the improved version goes out GPL-only. Developer A says "hey, wait, that sucks", because now he can't incorporate those changes back into OpenBSD, which does (I assume) have a policy that all code must be BSD-licensed.
One one hand, it's unfortunate, because OpenBSD loses out. On the other hand, the original author wrote the code knowing that someone could take it and not release changes (for instance, incorporate it into Windows or Mac OS X or SunOS or something like that), and this really isn't all that much different.
Parent
Re:Simple solution (Score:5, Insightful)
So what if that's what if that's what the BSD license allows people to do! It's about moral hypocrisy, pure and simple. How can you claim to be free and open when you just basically told the original author that he/she needs to follow your rules in order to benefit from anything you add to it. It wasn't your project to begin with, but you're arrogant enough to fork the project and slap your own license on it, for what? Just because you don't like the BSD license?
Parent
Re:Simple solution (Score:5, Insightful)
The GPL developers got what they wanted. Their code is protected from proprietization (And ONLY their code. Anyone can take the original BSD licensed code and do what they want with it).
There is no story here. The GPL and BSD licenses try to achieve different goals and both work as advertised. If you want an analogy: BSD is like the girl who sleeps with everybody. She gets a lot of sex and is invited to every party, but nobody respects her. GPL is like the girl who is selective about her partners. She doesn't have quite as much "fun" and has earned herself a little bit of a hard-to-get reputation, but the people who know her treat her well. Proprietary licenses usually require payment.
Parent
Do the BSD proponents understand "Alternatively" (Score:4, Informative)
Clue: it doesn't mean "as well as".
Isn't closing them out the point (Score:4, Insightful)
This is exactly what the Kernel and other guys are doing, they are taking the code and putting a GPL header in there, closing it off from the BSD developers.
The only difference here seems to be that because the BSD developers can see the changes and improvements being made they want to include them. Whilst putting the GPL on may be against the spirit of cooperation it seems to me to be exactly the kind of closing off of the code that the BSD developers want to allow.
Options (Score:2)
What the original author of the code has to say: (Score:5, Informative)
So Theo and the rest of his OpenBSD-Trolls better shut up.
I'm already seeing "except for GPL" licenses (Score:5, Insightful)
Re:I'm already seeing "except for GPL" licenses (Score:5, Insightful)
Parent
Re:I'm already seeing "except for GPL" licenses (Score:4, Insightful)
It's not that people like me don't want to share the code, just that we don't want to join the Cult of the Gnu either. For it is, almost, turning into a religious issue of whether you swallow the FSF dogma, rather than a practical one of whether you just want other people to benefit from the code.
Bob
Parent
Guys, i dont get the whole discussion. (Score:3, Interesting)
a brief FAQ on this controversy (Score:5, Informative)
A: A contributor of a patch to the linux kernel didn't notice that it contained both dual-licensed and BSD-only code, and posted a diff that GPL'ed the whole thing.
Q: What happened then?
A: Several things. 1) The mistaken (and clearly incorrect) change of license on BSD-only code was rectified. 2) Theo de Raadt leaped upon this golden opportunity to accuse the linux kernel developers of stealing code and eating babies 3) Separate issues of the legal and ethical obligations related to license changes, dual-licensing, proprietary software, and the price of peanuts in Perth were immediately injected in the discussion and a classic internet blizzard of bullshit blanketed the land of free software.
Q: Latest news?
A: Several developers involved have attempted to help the situation by saying they want collaboration and harmony and dual-licensing their code, but these positive efforts have gone mostly unnoticed as everyone on all sides proceeds to get angry and confused. Apparently high intensity behind the scenes consultations with Eben Moglen have resulted in a daring mission to dual license an OS/2 + Novell Netware application stack under GPL 3 as translated into Babylonian Cuneiform, thus simplifying the situation for everyone.
Q: What's the moral of the story?
A: Sometimes, cooperation is harder to achieve than competition, or "the greedy fox gets stuck debugging the rotten oysters".
Yes, but! (Score:5, Insightful)
However, the fact to the matter is that it is the _BSD_ license that allows you to do this. The BSD license simply does not require you to share your changes.
So, if you are asking yourself why changes aren't being shared back, the answer really is that the original authors (who put their code under the BSD license) said it was OK to use their code without sharing back.
Of course, you can still call into question the behavior of people who take something willingly shared with them and then put up obstacles for sharing back with the original authors.
Re:Yes, but! (Score:5, Interesting)
No, Theo, I promised no such thing. Just like nobody promises to share their changes with the BSD team when they take advantage of BSDL'ed code. The BSD'ers say people ought to be able to do what they like with their code. Well, what the GPL'ers would like to do is protect their modifications from being appropriated by people who won't share the code. If they automatically hand their changes back to the BSD folks to distribute as BSD code, then they lose the protections they wanted from the GPL in the first place.
Theo is basically saying, "The Linux people are hypocrites because they say they believe in software freedom but they don't believe in my definition of software freedom." Which is pretty lame.
Parent
Re: (Score:3, Insightful)
If dual-BSD/GPL-licensed code is used, then changes can be distributed under the GPL or BSD by the author of derivative works. However that applies to the derivative work; the COPYING file in any source code tarball dictates how you handle the entire derivative work. The original code would still be BSD licensed.
The problem here is not that BSD licensed code has no legal obligation to contribute back, or that the GPL has a legal obligation to report changes, but that GPL li
Everybody seems to have missed the key part of TFA (Score:5, Informative)
The Linux code is being patched to fix the license problem, says TFA. Here's the content of the patch [marc.info].
Note what the patch is doing, very carefully. The patch is changing the copyright notices on top of the modified files to say that these files are licensed under the GPL, but are also based upon an earlier work licensed under the BSD, and then reproduce the copyright and license statements as required by the original BSD licenses. This makes completely transparent the following things:
BSD is hindering two way sharing. (Score:3, Funny)
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Thats exactly whats BSD made for (Score:3, Insightful)
Seriously, bragging about this is a sign of total ignorance about the BSD philosophy: Giving away everything without asking for anything. They should feel honored that they are getting ripped like they wanted always to be.
Think of BSD license like citing sources (Score:4, Insightful)
In the original patch, it appeared that some Linux folk took some code, stripped the BSD copyright notice and put it under a GPL license. Viewed through an academic mindset, it sounds less like "building on existing research" and more like plagiarism. Were they legally entitled to do what they did? I suspect probably so. Still, it seems like bad form not to cite your sources.
-Peter
BSD Alternative (Score:3, Interesting)
Yes, it is and does!! (Score:5, Interesting)
Re: (Score:3, Insightful)
Re:BSD (Score:5, Insightful)
I personally prefer the GPL, but I've been around Slashdot for a few years and understand the "more freedom" argument from BSD fans. That "more freedom" is the freedom to relicense or even completely close up the code, returning nothing to the original project.
Why's everyone got their panties in a bunch over something which the license allows? (I also understand the origin of this anger being the removal of the attribution and BSD text from the wireless kernel patch proposed, but it was just proposed, not accepted, and the situation was immediately resolved.)
Parent
Re: (Score:3, Insightful)
Re: (Score:3, Informative)
Sure, improvements on the GPL side won't be BSD licensed, but any proprietary company which takes it won't contribute back, eit
No, you are wrong... (Score:3, Insightful)
The code in question had the BSD license included, plus the author (copyright holder) added a condition saying that "alternatively," the GPL could be used.
One is therefore free to select the alternate license and ignore the BSD license, and that includes the part about keeping it around.
Now, and this is key, the author has every right to put in something which says "chose either for yourself, but keep both in what you pass on." He didn't, and the only requirement to keep the BSD lic
Why is it BSD proponents can't read? (Score:3, Insightful)
Re:BSD (Score:4, Insightful)
Contrast that with the GPL, where code written with the GPL has to be rewritten if you want to use it for proprietary purposes. If you want to end all proprietary code then that's obviously a good thing, but it's not so good if you want the best code to be used, and for no-one to have to needlessly rewrite the code you're writing.
Take SQLite for example. It's in the public domain which is only slightly less restrictive as BSD. Anyone can use SQLite for any purpose. If I'm developing proprietary software and I need a lightweight database engine I know SQLite is available. It saves me time and money, and the software is going to be better as a result. That's why drh chose to make it available so freely: It's the best there is, and if someone can improve on it good luck to them.
Both licenses have their purposes of course, but I hope you can at least see why someone would prefer the BSD license.
So if it's supposed to be extra free then what's wrong with relicensing it as open source? Well there are two possible outcomes of releasing GPL changes to a BSD/MIT/public domain project:
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The developers which wrote the software take the changed code and start using the GPL; the code can no longer be used in proprietary software. Whether you think that's a good thing or not it's a decision made against the original developer's will.
- The developers which wrote the software continue developing their code and ignore the changes; the software is now either forked, causing compatibility issues, or changes are made in parallel, causing duplicated efforts. BSD is chosen so that no-one has to duplicate efforts, because the code is free.
Both of these outcomes just don't help. They don't help the software improve, they don't help anything. Rather than ask "Why choose BSD?" (which I hope I explained well enough earlier) why not ask "Why relicense BSD code under a different open source license?" Does he think that the developers of the BSD licensed code will start using his modified code along with the GPL license?Take SQLite for example. Imagine if someone took SQLite and made some nice updates to it, but released the changes under the GPL. Now there are either duplicate efforts and compatibility worries, or the developer of SQLite is forced to use GPL and his software can't be used everywhere like he intended. A stable piece of code that used to be universal no longer is universal.
Using the GPL to close the original developers out is using a share-alike license to avoid sharing, and using an open collaboration license to prevent collaboration.
Parent
Re: (Score:3, Insightful)
And if someone makes proprietary modifications to it, then those are also not universally available and can't be used in either BSD or GPL projects. If that was what you wanted, why not choose a licence that actually enforces that like the LGPL? Again you're holdin
Re: (Score:3, Insightful)
The problem with relicensing is that you wind up with a code fork that can never heal.
Re:BSD (Score:5, Insightful)
Parent
Re:BSD (Score:4, Insightful)
For example, I believe people should have the right to troll on Slashdot, because I believe that's the only way to ensure that people who genuinely hold controversial views feel able to argue their case. Does that mean I shouldn't have the right to mod trolls down? If so, why?No, that's for if you want to demand that code be shared. If you would like code to be shared, and intend to complain if it isn't when it reasonably could be, but absolutely do not want to take away the licensee's freedom to decide for themselves whether to share or not, then you should not add anything to the license. It would probably be appropriate to mention your attitude in the README, though.
(One very good reason not to put this kind of stuff in the license is that the GP apparently was specifically interested in allowing large companies to use his code. Large companies hate custom licenses. Stick with something standard if you want the commercial world to even bother looking at your code.)
Parent
Re: (Score:3, Insightful)
So the license that allows the most use of the code hinders freedom?
Re: (Score:2, Insightful)
Yes, in a roundabout and counterintuitive, yet valid, way. GPL code stays "free" no matter what happens to it, whereas BSD code can always be rendered un-free.
Personally, when I want to write free code, I pick either the LGPL or a BSD variant. The GPL is a little too clingy for me.
-:sigma.SB
Freedom for WHOM? To do WHAT? (Score:5, Insightful)
Honestly, the way some people talk about "Freedom", you'd think it was something you could buy by the wheelbarrow load. Freedom isn't something that exists in and of itself. It only exists in relation to people and activities.
To say that the BSD licence hinders freedom is just insane: it grants close to maximum freedom TO users, developers, and distributors TO DO pretty much whatever they like. v The GPL on the other hand deliberately restricts the freedom of one of those stakeholder groups - the distributors - in order to preserve the freedom of the users and developers in the longer term.
If you say that the GPL licence is more or less free than the BSD licence, all you are really doing is criticising a group of developers for their failure to share your own priorities. That always strikes me as an ugly, intolerant, narrow minded way of thinking.
This whole mess has the stink of FUD about it. There are a lot of people who would like nothing better than to get the GPL devs and the BSD guys together and say "hey, why don't you and them fight?"
I have a suggestion to make: let's disappoint them.
Parent
Re: (Score:2)
I have to disagree with you on this one, we don't lose our higher moral ground by being accused, we lose it if we actually stole the code to begin with.
the whole idea isn't solely to push linux into
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Re: (Score:2, Insightful)
Actually, it has everything to do with the situation. Software is like that apple tree. No matter how many times you copy software, it remains undamaged. So there is no reason to "protect" it with restrictive licenses.
Re:The Apple Tree (Score:4, Insightful)
I think the problem here is that you haven't told the parable in its entirety:
There you go: fixed that for you :)
Parent
Re: (Score:3, Interesting)
I would say that on the basis of what I've seen lately, the answer should be "no".
The GPL claim is: We don't want people to be able to close our code
The BSD answer to that was: But source can't be closed, our version of it will always remain open
Now that was all fine and good, if you don't mind you