GPL Hindering Two-Way Code Sharing? 456
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.
You are in a maze (Score:5, Funny)
Do you tag this article:
* noshitsherlock
* duh
* wateriswet
* slownewsday
* cowboynealsayalloftheabove
Sigh.
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I keep trying to tag the story with one of those, but every time I do /. tells me that I've been killed by a grue [wikipedia.org].
Sigh.
Yaz.
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.
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I know that it's possible, by design; I'm just getting really confused as to how it works.
This is not the point (Score:5, Insightful)
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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.
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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.
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First, it's rude. You don't deny a derivative work to the original author.
It is not rude if the original author explicitly gave you permission to do it. And that's exactly what the BSD license is -- explicit permission to deny any derivative works to the original author.
Second, it's ilelgal. You may not file off someone's license just because you disagree with it.
Hey Don Quixote, nice strawman. Nobody here is 'filing off someone's license' they are strictly obeying the terms and conditions of the license.
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How can this possibly be insightful?
Simple solution (Score:2)
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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.
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?
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.
Do the BSD proponents understand "Alternatively" (Score:4, Informative)
Clue: it doesn't mean "as well as".
Re:Do the BSD proponents understand "Alternatively (Score:2, Informative)
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.
You're missing the point. (Score:2, Insightful)
Yes. That's because there are situations where it makes sense that somebody should be able to do that. The argument in this case is that this isn't one of them.
That's the problem with your reasoning. You are accusing people who've released code under the BSD of not having considered the cons of the license. In fact, you can be sure that plenty of them were well aw
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.
Re:What the original author of the code has to say (Score:2)
So, yes, Theo had better shut up. He's damaging the BSD relationship with Linux developers, from whom we get a lot of useful code (think ports).
I'm already seeing "except for GPL" licenses (Score:5, Insightful)
Re:I'm already seeing "except for GPL" licenses (Score:5, Insightful)
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
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Sometimes, someone's a bastard and takes all the candy. (Proprietary)
How so? The code is still there for anyone else to take.
Other times, someone takes all your candy, eggs your house and gives your candy to everyone in your stead without saying anything.. (GPL)
Both ways you end up with no candy, but I think the GPL thieves are much more insulting.
Oh, grow up. Your analogy is terrible.
If the person who wrote the code didn't want this to happen (and, guess what--he didn't) [indiana.edu], then he would have chosen a copyleft license that would have prevented it from happening.
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Guys, i dont get the whole discussion. (Score:3, Interesting)
Err, no (Score:2, Offtopic)
Err, no. What is preventing the two-way sharing is (1) people using the GPL with (portions of) the code in a originally BSD-licensed project, and (2) the people in the origin
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.
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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:
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Try "BSD license hindering code-sharing" (Score:2, Redundant)
It's really this simple: there is no clause in the BSD license to enforce code-sharing. In fact, this is perhaps the major difference between the BSD license and the GPL, and has been often touted as an ethical advantage by many BSD license proponents. Now apparently some of them have decided that they would like to enforce code-sharing after all, but through moaning and name-calling instead of making their demands explicit in the license.
Well, cry me a river. A license is a legal document and if you a
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I don't think the BSD camp is interested in enforcing code sharing, my interpretation of things is that the BSD camp would like some contributions back on an ethical basis.
So apparently they think it's wrong to demand legally what they believe it's right ethically. Furthermore, they demand other things legally, just not what they actually want. And when it turns out that people outside the BSD camp don't follow that twisted logic, it's time to call them names.
Well, their apparent position makes absol
BSD is hindering two way sharing. (Score:3, Funny)
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It's a problem of attitude... (Score:2, Insightful)
"No, I'm sorry, you can't integrate my small component into your giant proprietary a
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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
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
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In the diff that I saw, there was a BSD license notice, and a trailing paragraph saying that the code could also be distributed under GPLv2. The Linux developer apparently took this as meaning that the code could also be distributed under GPLv2 (what gall!), and so changed the file to include a GPLv2 license notice.
There are apparently some questions about exactly what code was covered by the offer of alternate license terms, but they will likely never be resolved because, as soon as it came to his attent
not again... (Score:2)
You EVIL slashdot commenters, how can you be so INHUMAN!
I Write BSD Licensed Code (Score:2)
If I wanted a license where people couldn't "steal my code", I'd have chosen GPL. That your code may be "stolen" is not a bug, it's a feature of BSD. Theo et al shouldn't be annoyed that someone is actually taking the license at its word.
You mean...? (Score:2)
BSD Alternative (Score:3, Interesting)
Yes, it is and does!! (Score:5, Interesting)
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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.)
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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)
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I've read Theo's rant, and I found the section about not sharing code back to be pretty humorous, considering that's the way the BSD license is written. If you wanted to ensure that code be shared back into your projects, you'd use a copyleft-style license instead of a BSD/MIT-style license, wouldn't you?
Say I just don't like the GPL. Say I don't like the idea of giving a legal ultimatum about how they can use my code--the code that I wrote and want to share. Say I want Microsoft to be able to use it in an operating system, Real to be able to use it in an audio player, etc.
It is still good manners for people that make improvements in my code to send me changes. I helped them, and good people return favors when they can. So why didn't I use the LGPL? Well, that license is just a bit more of a pain, and I
Re:BSD (Score:5, Insightful)
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.)
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Read these two posts.
1> http://marc.info/?l=openbsd-misc&m=118865605929266 &w=2 [marc.info]
2> http://marc.info/?l=openbsd-misc&m=118865748911976 &w=2 [marc.info]
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The BSD license does permit use in proprietery code, but does not permit the removal of the copyright notice.
This is a very important point that alot of other posters to this thread, and the previous Theo thread seem to be completely ignorant of. The BSD license might permit you to use the code in a closed source project, but you have to credit the original author and leave the license intact.
Once a piece of code has been released under a BSD license, and a few people have contributed patches which are also released under a BSD license it becomes very difficult to remove the BSD license as you need everybody's pe
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Theo's last post stated that dual-licensed code cannot be distributed with only one of the licenses still attached. BSD/GPL dual code, he says, cannot be distributed under the GPL unless you keep it BSD/GPL dual. That's a theory of it's own, which deserves some clinical therapy imho.
Theo's current post deals with the aspect of re-licensing pure
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More generally, I think the issue is this: Yes, the BSD license allows you to take code and do (more or less) whatever you want with it, including not returning changes. However, that this is possible does not mean it is ethical. B
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:
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.
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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
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The problem with relicensing is that you wind up with a code fork that can never heal.
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So the license that allows the most use of the code hinders freedom?
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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
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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.
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BSD is like letting people who hate freedom of speech to talk against it.
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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.
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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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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 :)
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Uh oh, developers are using the BSD license in the way that it was intended, somebody call the wambulance.
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Divisive BS. (Score:2)
If you want a particular function, app, service, etc to be completely GPL, WRITE THE FUCKING THING YOURSELF!
That might not be so hard with free code sitting in front of you. That's the beauty of free software. As easy as it may be, it's a duplication of effort and it kind of makes the dual licensing look silly.
What exactly is a dual license if the GPL provisions don't apply or have force because of the BSD portion? There's a fundamental difference in licensing philosophy [gnu.org] that can't be ironed out by u
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I'm guessing as usual you didn't read it?
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Better?
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I'm having trouble understanding this part. My understanding was that a dual license means that there are two, totally independent pieces of the same code available to you, under two totally independent terms. It's as if the author had two different source trees available on a server, with two different licenses for their use.
Put it this way: If it were true that derivative works of dual-licensed code must be dual-lic
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In that case I will feed the troll. Just about the "human nature" thingy, as the licensing issues are addressed in other posts, and I will just ignore the insults.
Socialism is incompatible with human nature
It's plain wrong. In case you didn't notice, you're living in a society, like bees or chimpanzees. Societies do not exist in purely individualist species (I'm not even sure if that exists in vertebrates). As I consider you a troll, I won't care to enter into more details, I hope sensible persons will get the p
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