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First Draft of GPL Version 3 Released
Posted by
ScuttleMonkey
on Mon Jan 16, 2006 05:01 PM
from the forward-progress dept.
from the forward-progress dept.
njan writes "The first draft of version three of the GNU General Public License was released to the public this afternoon. Major improvements touted in version three include changes designed to mitigate the damage posed by new threats to free software such as software patents. One individual stated about the release: 'It is changes in law, not computer technology, that pose the principal challenges to the free software community. Chief among these changes has been the unwise and ill-considered application of patent law to software. Software patents threaten every free software project, just as they threaten proprietary software and custom software. Any program can be destroyed or crippled by a software patent belonging to someone who has no other connection to the program.'"
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Linux: GPL 3 As Bonfire of the Vanities 426 comments
morganew writes "Jonathan Zuck has written a CNET Op-ed stating that the GPL 3 is about returning the flock to the faith, and is reminiscent of Savonarola's 'Bonfire of the Vanities', urging true believers to burn things that took their eyes off God. From Article: 'The commercial humanists such as Lawrence Lessig with his Creative Commons initiative have turned away from the Old Testament, and the GPL 3.0 license is a call to the faithful to reject these vanities'. Given the reaction by Linus Torvalds and nearly all the OSS business community to the GPL 3, are we going to see a break in the church?"
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Other issues (Score:5, Informative)
Re:Other issues (Score:5, Insightful)
I'd be curious to see what an objective lawyer has to say about the enforceability of that clause. Being an "effective technological protection measure" seems like a matter that can't be waived, any more than my signing a stipulation that I wasn't born in August affects my birthday.
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Re:Other issues (Score:5, Interesting)
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Re:Other issues (Score:5, Interesting)
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Re:Other issues (Score:5, Informative)
For example, a cheap padlock out of a Christmas cracker is not "effective" in that it does its job well, because anyone can pick it with a paperclip. But it's "effective" in that if you, say, secure your house with it, then anyone picking the lock to gain entry is automatically guilty of breaking and entering.
That's one of the ironies of the DMCA. Any DRM system doesn't have to do its job well - it's enough for the RIAA to say "this is the intention of the system" and they're covered. That's why it's such a bad law, because it gives total advantage to one group of people (media producers) without requiring any corresponding responsibilities from them.
Grab.
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Re:Other issues (Score:3, Insightful)
Of course, this doesn't help enough, IMO. Let's say that someone released a movie under the GPL, and that it was
Re:Other issues (Score:3, Informative)
Which is why this GPL provision seems a little dubious because an "effective technological protection measure" would be descriptive of a programs function, independant of what the license said.
Re:Other issues (Score:5, Insightful)
Let us say that Alice makes a DVD encrypted with CSS. Bob makes a different DVD encrypted with CSS, and which is licensed under the GPL. Carol makes and distributes copies of DeCSS. And Dave wants to use Bob's work pursuant to the GPL.
Dave can circumvent CSS in order to decrypt Bob's DVD, per the GPL. He can arguably even make a tool (such as DeCSS) in order to do so, provided that he keeps it to himself. But Carol cannot make or distribute versions of DeCSS because Alice will sue her (and win). This means that if Dave is unable to make his own DeCSS, the fact that he is legally allowed to circumvent CSS is moot because he cannot do so as a practical matter.
Therefore, I suggest that the GPL state that works covered by the GPL may not be DRM'ed at all. This doesn't extend to all the works Bob has made or will make, which is where you seem to have gotten confused. Bob would be free to make one DVD with CSS which is not under the GPL, and free to make another DVD under the GPL, but without CSS.
Since it's not safe to assume that Dave will be able to meaningfully take advantage of his rights under the GPL, vis-a-vis DRM'ed works, I think the appropriate thing to do is to make sure that the GPL and DRM are exclusive of one another.
This also means that if Dave makes his own version of Bob's DVD, he could not add DRM to it (which might block Bob as well as other users).
Fundamentally, I think that allowing GPL'ed works to be DRM'ed is contrary to the goals of the GPL.
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Re:Other issues (Score:5, Insightful)
There is a proposal in it that would discourage or disable the use of GPL software for DRM, by stating that software under the new GPL cannot constitute an "effective technological protection measure". Thus it would always be possible for other programs to get at the same data without falling under the DMCA.
I read that a little differently. Because the license, picked by the original copyright holder, categorically states that it is not a technological protection measure, it can't be used in software that has the protections of the DMCA. This isn't so interesting.
However, when you remember that derivative works are similarly bound, you realise that the end effect is that any organisation who wishes to attack reverse-engineers with the DMCA is forbidden from building their copy protection on top of any GPL 3 software.
I don't think this is about opening things up, I think this is about giving companies an ultimatum - either give up on abusing the DMCA, or you can't have any of our source code.
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Re:Other issues (Score:4, Insightful)
The output from running it is covered by this License only if the output, given its content, constitutes a work based on the Program.
What in the world is that supposed to mean? Based on the source code of the program? Does inserting XML markup constitute a work based on the program, then? Because those tags were part of the program source code? This is really, really vague in a legally scary way.
I'm also a little bothered by the language that anything with a user interface must have an about box with copyright notice. What if the original didn't? Shouldn't it say that this information must be preserved, rather than saying that it must contain one? It's also a little troubling to think about how this could affect web services, since user interface isn't defined in a way so as to exclude it. This still doesn't explicitly clear up that issue.
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Re:Other issues (Score:3, Insightful)
No. In some rare instances, programs actually output part of themselves as part of normal operation. I think Bison is the canonical example. This is different to mere string literals that form part of the output.
Current versions of the GPL have the same thing in them. It's frustrating
I'll stick with the MIT license. (Score:4, Insightful)
I appreciate the effort the FSF is making, but things may be getting out of hand. I know of many developers who feel the same as I do. They just want to create software, without having to get bogged down with legalities. Thankfully, licenses like the BSD license and the MIT license work wonderfully well for us.
Re:I'll stick with the MIT license. (Score:5, Insightful)
Personally I use both GPL and BSD for different projects, but saying "the GPL is too complex and that's why people should use BSD/MIT" really ignores the reason why many people use the GPL in the first place. I agree that we could use a simpler version of the GPL - but BSD isn't it.
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Re:I'll stick with the MIT license. (Score:3, Funny)
http://search.cpan.org/src/AUTRIJUS/YAML-Syck-0.0
Re:I'll stick with the MIT license. (Score:5, Insightful)
And thats why they should use the GPL- to make sure it *remains* free, and that changes and additions to it remain free. BSD and MIT may be concise, but it doesn't make this promise. If you're going with them, you may as well just forget the license and go public domain.
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Re:I'll stick with the MIT license. (Score:3, Insightful)
Re:I'll stick with the MIT license. (Score:5, Informative)
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Re:I'll stick with the MIT license. (Score:3, Insightful)
And yes, I know BSD and MIT is not public domain. But since you want to go BSD or MIT, why not just make it public domain anyway? All the BSD and MIT do is keep attribution, are you really that arrogant? If you don't care a
Re:I'll stick with the MIT license. (Score:5, Insightful)
Well, choosing to ignore the complexities of the legal system doesn't guarantee they ignore you. For example the MIT license has no disclaimer of warranty. Nor does it require the licensee to waive any potential claim of damages. In theory, somebody could take your software, modify it in a way that introduces bugs, then disappear, leaving downstream licensees with your name as the only starting point for a lawsuit.
It doesn't matter that it's not your fault. Unless you're like MIT with a substantial legal staff to scare them off, it'll be too bad for you. The BSD license would be a much better choice.
Like software, licenses should be as simple as they need to be to accomplish what you need them to do, but no simpler.
The MIT license ensures you get credit. Period.
The BSD license ensures you get credit, and that nobody claims that you endorse their derivative products, and that everybody uses the software on the condition of releasing you from legal responsibility for damages.
GPL ensures you get credit, that people release you from legal responsibility for damages, and that every downstream recipient gets as many rights as you granted your immediate licensees.
It's too bad that you have to understand any kind of legaleese to be a programmer, but that's life. Licenses are just the start of it. You have to understand a bit about copyrights, patents and trademarks too. If you work with source material that is not public domain, you probably need to have some understanding of contracts. We're not talking law school level stuff, but at least an informed layman's understanding.
If you don't like this, sticking your head in the sand is not a viable solution.
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How much of this... (Score:3, Insightful)
"DRM is fundamentally incompatible with the purpose of the GPL, which is to protect users' freedom; therefore, the GPL ensures that the software it covers will neither be subject to, nor subject other works to, digital restrictions from which escape is forbidden." Sounds good and noble, but will it work?
Re:How much of this... (Score:3, Interesting)
To me, that sounds like a breathtakingly simple way to undermine the whole purpose of the DMCA and DRM, simply by sa
TiVo (Score:3, Insightful)
That's the preamble (Score:3, Informative)
Re:How much of this... (Score:3, Insightful)
Argh, bad text layout... (Score:3, Funny)
Re:Argh, bad text layout... (Score:3, Insightful)
which is also generally (gasp) 80 columns.
I know some of you new Eclipse/Visual Studio DOT NET guys love 30000
character lines, and don't get me started on perl, but for the projects
I work on having long lines is a drawback. And has email REALLY improved
since the mid 90s? I force HTML to downconvert to text and strip all the
bullshit markup before it hits my inbox. No blinky pictures, no flash
graphics, no webbugs, no <FONT SIZE +5000
Incomprehensible (Score:5, Insightful)
The new GPL have the following:
So patent law mixed with how I use the software, and privately at that. Can I use GPLv3 software in a company (it's not private, usually)? Can I modify it, but not distribute it outside the company? If I don't do this privately, but as a "corporate" person, then it's not private, so I can do what I want (of course not). This is just in the beginning of the new license, and it goes on and on and on and on etc.
Really, why not make a license that I don't need to be a lawyer to understand?
The ISSUES are incomprehensible (Score:3, Informative)
Let's look at some of the issues that make licensing your software more difficult to do properly.
PATENTS. Software patents have gotten out of control. At the time of v2, there was some concern about patents, but now we have had a direct attack on the GPL from the angle of patents trump copyright. W
Re:The ISSUES are incomprehensible (Score:5, Insightful)
Here it is again: THAT'S PRECISELY THE POINT! Don't you think people who put their code under the BSD license know it?
The license is liberal because:
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Web services? (Score:5, Interesting)
I didn't see any wording in the draft that addresses this issue either way; every time I thought I did, I found the same or similar wording in version 2. So, is it in there? Will it affect how we publish web applications?
Re:Web services? (Score:5, Informative)
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Re:Web services? (Score:3, Interesting)
Crud. I think you're right. The FSF seems to have this fascination with "invariant sections", even though the rest of the planet thinks they are fundamentally non-Free [wikipedia.org].
If this draft is accepted, it looks like I'll be using GPLv2 (and v2 only) from now on. This whole thing reeks of second-system effect [wikipedia.org] and I'd rather not ha
Re:Web services? (Score:3, Informative)
Relicense? (Score:3, Interesting)
For example, should Linux become GPL3'd?
Discuss...
Re:Relicense? (Score:5, Informative)
Most GPLed software already gives you the option of choosing to use a later version of the GPL, so no relicensing needs to happen.
Linux is a special case. It's explicitly GPL version 2 only, and most of the code has been submitted with that understanding. If Linus wanted to switch to this new version, he'd have to get permission from everybody who's got code in Linux.
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Read it with the Rationale Document! (Score:4, Informative)
Before blindly criticizing the wording of a certain section, I suggest reading the rationale behind the changes.
- Does the text in the License do what they intended it to do?
- Do you agree or disagree with what they intended?
- Are the possibly-bad side effects of the text which aren't mentioned in the rationale?
The R in DRM? (Score:3, Interesting)
As a commercial developer, I'm always unsure.... (Score:4, Interesting)
I wish authors releasing good libraries under GPL would also assume that is OK to make money with it too. Just spell out the terms and conditions for us commercial types too. Not all of what I do is commercial of course, some is free (as in beer) in which case GPL tends to be fine.
I hate being the kind of person who uses other people's contributions but can't contribute back all the time. I hope the new license clears some of this up for me.
Because it's a legal document. (Score:5, Insightful)
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Re:Because it's a legal document. (Score:4, Insightful)
Legalese should really strive to be readable and understandable to the point by the average person. If indeed what you are saying is true and there is really no way to state these things in a clear and logical way then some kind of measures should be taken to ensure that everyone can get the help they need in interpreting the arcane mumblings of the law.
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Re:Because it's a legal document. (Score:4, Insightful)
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Re:it's difficult to read. (Score:3, Insightful)
Actually neither of those statements sounds like an opinion or an ideology. If you change them from "I think I might"
Re:Cut the "any later version" option (Score:5, Informative)
The phrase "or any later version" is not part of the GPL. Rather it is part of the statement in which you specify that the GPL is the license that you are using. The FSF recommends including this phrase but it isn't required by them or by the GPL. You are perfectly free to specify a particular version of the GPL if you wish to.
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Re:No more GPG encryption (Score:3, Insightful)
Re:No more GPG encryption (Score:4, Informative)
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Re:No more GPG encryption (Score:5, Interesting)
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Re:The slippery slope begins... (Score:4, Insightful)
No, this draft doesn't limit use in any way. The restrictions are when you want to distribute copies or use the software in derivative works. I quote from the draft:
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read Karl Popper (Score:4, Interesting)
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Re:great; now GPL software is prohibited on Window (Score:5, Insightful)
As a special exception, the Complete Corresponding Source Code need
not include a particular subunit if (a) the identical subunit is
normally included as an adjunct in the distribution of either a major
essential component (kernel, window system, and so on) of the
operating system on which the executable runs or a compiler used to
produce the executable or an object code interpreter used to run it,
and (b) the subunit (aside from possible incidental extensions) serves
only to enable use of the work with that system component or compiler
or interpreter, or to implement a widely used or standard interface,
the implementation of which requires no patent license not already
generally available for software under this License.
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a diff between version 2 and the draft... (Score:5, Informative)
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