The draft of the new GPL is very important and much is at stake in the revision process. The Linux kernel, the vast majority of the GNU project's development tool-chain, and more than seven of 10 programs under any free software license are subject to the terms of the the GPLv2 and, in the vast majority of cases, "any later version."
The GPL is so widespread that it is frequently referred to as "the Constitution of the free software movement." As it introduces changes, any discussion draft creates a potentially dangerous moment for the free software movement. While this danger is real, it does not exist to the extent or for the reasons that many in the community believe. In a way, the GPLv3 is both more and less important than many of us think.
One the one hand, those who have called the GPL "the Constitution of the free software movement" have overstated the importance of the license. A constitution is a legal document that sets the fundamental political principles of a government; it is a law to which all other laws are held.
The free software movement has such a document but it is not the GNU GPL. It is the Free Software Definition (FSD). In the FSD, free software is defined as software that satisfies Richard Stallman's now-famous four freedoms: the freedoms to use, examine, distribute, and develop software as a community. The FSD embodies the principles to which any free software license must be held -- even the FSF's own licenses and even the GPL must satisfy the FSD.
While the GNU project advocates the principles in the FSD for ethical and moral reasons, the same principles are articulated in the Open Source Definition (OSD), and the Debian Free Software Guidelines (DFSG). These documents form the Constitution of our movement. None of these documents are undergoing significant revision as part of a new GPL. There is no discussion draft for a new set of free software principles.
However, while our principles are not threatened by the current GPL revision process, our ability to act as a cohesive community through and after the GPL revision process is less secure. It is for this less obvious reason that the GPL discussion draft requires our attention and effort. After all, free and open source software is a collection of strange bedfellows: capitalists and anti-capitalists; hackers of all sorts on opposite ends of the world, the political spectrum, and any imaginable linguistic or cultural divide.
Our community has come together in ways that have been surprising to everyone but ourselves. As a result, we have been able to achieve more than anyone, including ourselves, imagined. We have come together around a common set of principles and, equally importantly, around a shared body of free, primarily GPLed, software.
The GPL is one thing that almost everyone in the free and open source software communities have in common. For that reason, the revision has the potential to highlight disagreements, differences in opinion, differences in business models, and differences in tactics. These differences are not new, but will gain a new venue for expression.
Not everyone involved will get their way. For this reason, it's important to remember that 15 years ago, when the GPLv2 was drafted, not everyone got their way either. And that was fine. Other licenses exist, and our movement is big enough for more than more one opinion and for more than one license. No number of GPL revisions will change that. We would be wise to remember that the potential for the GPL to hinder our ability to work together is far more dangerous than the even the most radical change textual change the FSF might suggest.
For the last week and for the next year, we, as a community, are faced with the task of working together to make our most important license the best license it can be. Our first goal must be to ensure that the license stays within the spirit of our shared principles.
Secondly, we must recognize that the GPL is designed to embody a set of tactical decisions that are over and beyond any definition of free software; copyleft is only one such tactic. We don't need to agree with the the FSF's tactical decisions to agree with its license. We must respect that the GPL will attempt to stay consistent with its own previous tactics and with its own historical goals.
Along these lines, and in the interest of working together toward a better license, we should proceed by asking ourselves these questions while considering the text of the license:
These categories are not cleanly divided, or always distinguishable. That is fine. Attempting to consider issues in these terms will help us all focus our energy on the things that really matter.
By approaching problems in these terms, and by clearly noting where each problem lies, we'll be able to prioritize problems both for ourselves and for our community and we'll be able to remember exactly what is at stake. We can live with a tactically clumsy license, or an ill-wrought phrase but we cannot operate without essential freedoms. In debate and examination, it can be easy to lose sight and track of the broader issues and the larger goals.
Above all, we must remember that our community and its goals are more important than any single license -- no matter how widespread. By focusing on our goals and the community through which they are achieved, we'll be able to ensure that we have the best GPL through which to continue our work.
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Although I understand your enthusiasm for the statistical facts regarding the "success" of the GPLv2, these facts are essentially irrelevant.
I do share your happiness that RMS/FSF/GPL/GNU has been numerically "successful", but more importantly the principles of "freedom", in particular "free software" (hopefully with other works to follow) have always been relevant. Even if the prevailing "popular" beliefs are to the contrary. RMS gets bashed because he is willing to step forward to defend these principles, because he understands what is at stake, while others (ahem, OSI) are content with lesser goals that don't value the "intangible" benefits of emancipating software itself!
The freedoms spelled out in "The Free Software Definition" emancipates the SOFTWARE through the user. Just as emancipating slaves means that others LOSE the FREEDOM to ENSLAVE, so it is with the FSF and the GPL.
This, in a nutshell, is the difference between "free" and "open" software. Because of the nature of "free" software (licensed under terms that will forever guarantee our rights as long as there are legal institutions that are willing to accept the validity of such a license, which, sadly, is not a sure bet) means that the collective "we" will always receive benefit. Software that follows a GPL-style freedom model ACCUMULATES knowledge and value over time and spreads it. Where as many narrowly defined OSS licenses allow/enable knowledge hoarding. Such knowledge can simply vanish when the commercial/private venture that created it goes *poof*, and in the end all such entities do.
RMS/FSF/GPL/GNU is important for the fact that they are willing to stand up for this, even if there was only one "success". Fortunately, the situation is much better than this.
This, in a nutshell, is the difference between "free" and "open" software. Because of the nature of "free" software (licensed under terms that will forever guarantee our rights as long as there are legal institutions that are willing to accept the validity of such a license, which, sadly, is not a sure bet) means that the collective "we" will always receive benefit. Software that follows a GPL-style freedom model ACCUMULATES knowledge and value over time and spreads it. Where as many narrowly defined OSS licenses allow/enable knowledge hoarding. Such knowledge can simply vanish when the commercial/private venture that created it goes *poof*, and in the end all such entities do.
I think you are confused about the definitions of free and open. The FSD defines free software but does not say that free software must include GPL-style prohibitions on future enclosure. These prohibitions fall under the umbrella called "copyleft" of which the GPL is the best known example. Copyleft is common in the licenses that the FSF chooses but it not a requirement for software to be called free software or embraced by the FSF.
In fact, every "open source" license (with the possible exception of one or two) is also considered a free software license by the FSF and they are considered just as free. The Open Source initative embraces GPL software as well. There is really zero difference in the licenses that are included under the OSD and the FSD.
The idea that "free" is GPL/Copyleft and "open source" is BSD is a common misconception but it is incorrect nonetheless. I have heard Lawrence Lessig, who is on the board of the Free Software Foundation, make the mistake even! I hope this clear things up and that I didn't mistunderstand you.<nobr> <wbr></nobr>:)
BMH: There is really zero difference in the licenses that are included under the OSD and the FSD.
Anon:
That is true only to a superficial observer. In fact the values underlying the definition of the OSD and FSD are very different.
I understand that the values are very different for free and open source software. This is why I was careful to make a statement about licenses and not about values. This, IMHO, is even clear in the text you have quoted.
I think you are confused about the definitions of free and open.
It is possible I may be confused, but I don't think so. If you look at:
You will see that a number of licenses have gone through an evolution. This evolution, in some cases has moved the license from non-free to free, but the bar for OSI is lower: there are cases where you can be excused from source code disclosure, even for derived works (depending on the license). Item 3 in the open source definition <a href="http://www.opensource.org/docs/definition.php" title="opensource.org">http://www.opensource.org/docs/definition.php</a opensource.org> implies that a license can be accepted by OSI that merely allows (does not require) an existing OSI-approved license to be applied to a derived work. But you can (depending on the original license of the work) shroud the derived work. The author of such a work cannot claim OSS for anything, but they can start with an OSI-approved (not all of them, I know) licensed work and distribute a binary only derived work. That is the opposite of software emancipation, that is software enslavement.
The copyleft style of the GPL is there to emancipate the software itself, it does this through the user by binding them to the license. All derived works are compelled to provide source code (if you distribute the derived work at all), unless you can put all your "stuff" into a completely self-contained external entity that can be reasonably argued as independent (perhaps as a separate shared object or executable) of the GPLed "product", which does happen, but is rarer. (NVidia and ATI drivers, ugh.)
Now, I have read a lot of the rhetoric from the OSI and ESR, and I understand where they are coming from, but the fact that over time more and more OSI-approved licenses have been climbing the "free" ladder says a lot about what "consumers" of "open source" software want which is namely protection from the possibility that their work will be ensnared into software slavery. This is a good thing, and it is also good that most OSI-approved licenses also meet this criteria. But what is frustrating is that the OSI won't even acknowledge this as important. They would rather continue to carry on with this "non-ideological" approach where they remove particular requirements for their license acceptance criteria that ensures that ugly "freedom" principle that the FSF-thumping crowd are on about.
So, in the end there are still real differences, both on an ideological and practical level: OSI *can* approve a license that does not ensure the perpetual freedom of the software; where as the FSF would never recommend such a license.
If you have not read what Linus has said...
Then you bettter look and see.
I hvae read the message your quoting (it was on NF recently) and it is hardly news. Linus removed the "or any later version" from the kernel some time ago and has been quite worried about the GPLv3 for a long time before anyone had any idea what would be in it. At this point, Linus' problems seem to be largely with the anti-DRM bits. These issues might get resolved which may change Linus' mind -- or it might not.
I don't think it really matters. The Linux kernel is very visible but it's easy to overemphasize it's importance or the importance of its license. The important thing to note is that the large majority of all free software under any license is under the GPL. It is something we have in common as a community which is why it is something we need to deal with.
What Linus did a long time ago, and then reminded us of this week, was take himself and the kernel out of the GPLv3 debate. Nothing in the kernel is really at stake. If the license is to his satisfaction, he'll probably use it. If it isn't, nothing changes. This doesn't help any of the difficult problems that we as a community need to sort out but it doesn't really make anything more difficult either.
Torvalds has been, and still is, an important contributor to the free software movement.
But there are other contributors who have contributed even more than he has. Nobody is irreplaceable. If he won't play nice with the community, there are plenty of people who could rewrite the bits of the kernel that Torvalds owns the copyright to. He does not own copyright to the whole of the kernel.
The situation is not even new. Something similar happened with the XFree86 implementation of the X Window system. That's why most distros now ship with X.Org instead of XFree86
Bottom line is that it's a bad idea for the FSF to piggyback their pet peeve (DRM) onto the new license, regardless of whether Torvalds is willing or able to upgrade Linux from GPL v2. They should consider splitting off the DRM into an enhancement that all GNU projects will adopt, not necessarily all projects that choose the GPL. Otherwise they'll probably get some high profile projects buying in but I suspect we'll eventually see others (aside from Linux) opting out and sticking with v2.
As I read it, the new clauses are trying to restrict the ability to use software to implement or enforce DRM. To me that's the fundamental philosophical change -- that v3 is going to restrict use instead of continuing to guarantee freedoms.
The *AA abuses of DRM technology should not require v3 to ban the use of that technology. Rather, it should continue to mandate that the implementations of that technology must be open.
Issues over the abuses of the technology should be handled in the proper venue: the courts and legislative bodies of the countries affected. Not in a licensing document.
As I read it, the new clauses are trying to restrict the ability to use software to implement or enforce DRM. To me that's the fundamental philosophical change -- that v3 is going to restrict use instead of continuing to guarantee freedoms.
Issues over the abuses of the technology should be handled in the proper venue: the courts and legislative bodies of the countries affected. Not in a licensing document.
The GPL has never allowed users to do whatever they want with the software, for if they wish to modify and redistribute it they have to agree to a very complicated (read: need attorneys to review) set of terms. It places considerably more restrictions than the BSD/X11 family of licenses for example.
The GPL v2 is already a rather complicated license, however, Linus was pleased with it because it provided him with a nice rights model for a collaboratively developed code base. Now Stallman, the author, intended it as something more grandiose - it was a primary enabling mechanism for his "free software" program and all that entailed. So yes, the new GPL makes sense viewed in that context of Stallman's vision. However, Linus didn't adopt the license to further Stallman's program, or if he did that was only an incidental benefit. So we now have a GPL which is substantially less pragmatic and more idealistic than v2, and moreover the DRM and patent provisions add substantial complexity which is anathema for in-house corporate lawyers who are trained to minimize their companies' exposure to risk (IP attorneys at law firms likely have the opposite reaction - they can smell billable hours on the increase). I doubt that Linux will be the only major project that has issues with the changes.
You quoted a different area of my post, then commented as though you were rebutting me:<snip>Each version of the GPL has put certain restrictions on redistribution, whereas the other two licenses [BSD and MIT] put virtually no restrictions on redistribution.
RMS and the FSF have always stated that users should be free to do anything with the software, anything except restrict other users' freedom to do anything with the software. That was the whole point of the restrictions in any version of the GPL, including GPLv2.</snip>
However, you put a different spin on my words. You implied that is is a bad thing that one person cannot simply redistribute GPL-licensed material under whatever terms that person wants. Yes, the modified BSD and MIT licenses allow this and are Free Software licenses, but they don't guarantee that all users of the software are given equal freedom. To do that, a more complex license is necessary. I think I covered this well in the grandparent post, if you read it all.The GPL has never allowed users to do whatever they want with the software, for if they wish to modify and redistribute it they have to agree to a very complicated (read: need attorneys to review) set of terms. It places considerably more restrictions than the BSD/X11 family of licenses for example.
As I explained in the grandparent post, this draft of the GPLv3 is no more or less idealistic than its predecessors.<snip>So we now have a GPL which is substantially less pragmatic and more idealistic than v2, and moreover the DRM and patent provisions add substantial complexity which is anathema for in-house corporate lawyers who are trained to minimize their companies' exposure to risk</snip>
Actually, this license never would have affected the Linux kernel, because no matter his personal feelings about it, Linus can never relicense the kernel under any new license. Finding and obtaining the necessary permissions from the thousands of contributors over the years, many of whom are out of contact, deceased, or just plain unknown, would be virtually impossible. So, with respect to the Linux kernel, the GPLv3 or any other license is a moot point.I doubt that Linux will be the only major project that has issues with the changes.
Given all the contorversy over this unofficial release of the GPLv3, "2.96" would be an appropriate version number.
People are jumping on Linus for not jumping on the GPL "v2.96" bandwagon. But for those who recall the same thing happened with gcc v2.96, and many software developers swore that they would never touch v2.96+.
v2.96 broke a lot of things, making it hard to support. This new version of the GPL will break the kernel because most of it will need relicencing, and relicencing insn't a joy for Linus the way software development is.
Personally, If Linus can out and declared his love for spending huge amounts of time with lawyers, switching the GPL versions on each contributors code to the prerelease of GPL v3, I'd ask the men in white coats to take him away and put him in a nice padded room.
Heck, according to the README file Linus still only supports gcc v2.95.3. Even though v2 is ancient. Yes the official reality and the true reality have nothing in common. But given that Linus cannot even be bothered changing on line in the README file only emphasises how he doesn't relish extra work being dumped on him. (who does?)
[ ] Wait!? We need the latest GPL prerelease *now*!
[ ] 1-6 days.
[ ] 1-4 weeks.
[ ] 1-12 months.
[ ] Over my dead body!
remember these facts next time
Posted by: Anonymous Coward on January 28, 2006 09:03 PMAll you RMS/FSF/GPL/GNU -bashers, including some NF editors, should remember these words next time spite makes you feel like bashing those who did so much more for our community than you!
While you were yapping at them RMS and the FSF got something as vitally important as the GNU project and the GPL up and running, and with stunning success I might add. Now, they are doing a great job with the GPL3.
Values do matter. Values make the world change!
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