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nice summary and guidance... also, it's nice to see a happy ending: (hey! not this kind of happy ending!)
"Ultimately, all the copyright holders of the Linux ath5k-driver code, derived from ar5k, have been contacted and have agreed to license their changes under the ISC license, thus allowing improvements to be re-incorporated into OpenBSD."
I hope we don't have this kind of problem again after this learning experience for both communities.
It's ok for a closed-source company to re-license BSD code such that they lock their changes to BSD code away forever. That's how the license goes. Why in this case people cried foul when someone re-licensed BSD code in a much more open way is beyond me.
Excuse moa, who said re-license? Heck, even Microsoft got BSDL code under BSDL and nobody is going to re-license it under other so called "commercial" license. And who said that companies does not contribute code back?
GPL is much more open way? YOU LOCKED MY CODE IN YOUR GPL LICENSE DAMMIT... hypocrite...
Let's see...
I just looked at the recent source code and it STILL has that paragraph:
* Alternatively, this software may be distributed under the terms of the GNU General Public License ("GPL") version 2 as published by the Free Software Foundation.
With the following date under it: 2004/01/13
If you didn't like the license-text, then why the hell did you contribute to that??? You must have known that somebody COULD make that code GPL-only.
Noone LOCKED YOUR f--kING CODE IN YOUR GPL LICENSE DAMMIT, because noone can take the copyright from you. Your code is yours forever, gpl'ed are the changes and creative work. It's not like someone can steal your code, can they? Which brings me to the question if you want noone to steal and lock your code, why did you released it under the bsd license in the first place?
Edited 2007-09-30 16:56
Even without knowing the actual legal points of who was right and who was wrong, it always seemed very strange to me that the BSD folks were throwing fits about this situation. I had always assumed that the entire point of contributing to BSD licensed code was to get it used by as many people as possible, regardless of the license other people used, which is why they allowed proprietary developers to use it without any restrictions. So it seemed odd that they would complain about the GPL which still actually distributed all the changes that had been made and not proprietary vendors who hid all their changes to the code. I guess getting people to use the code isn't what the BSD license is all about after all.
>>I guess getting people to use the code isn't what the BSD license is all about after all.
This is about ethics, not law.
Driver 1 is licensed under BSD. Somebody converts to GPL. We now have 2 almost identical codebases, with 2 licenses. One is BSD, the other is GPL.
GPL or BSD, both are open source. GPL projects can use BSD code. BSD projects can not use GPL code.
Code contributions made under the BSD license benefits both projects.
Code contributions made under the GPL licensebenefits the GPL project only.
"Thank you for working your ass off for the last years. We take it from here. KTHX."
This is about ethics, not law.
I agree, that's what I was talking about as I really haven't followed the situation closely enough to know what the legal situation is.
Driver 1 is licensed under BSD. Somebody converts to GPL. We now have 2 almost identical codebases, with 2 licenses. One is BSD, the other is GPL.
GPL or BSD, both are open source. GPL projects can use BSD code. BSD projects can not use GPL code.
You forgot about the other someone else who integrates Driver 1 into their proprietary product, making 3 almost identical codebases. No one can use the third project except for the proprietary vendor, who says "Thank you for working your ass off for the last years. We take it from here. KTHX."
None of the BSD people seem to have any problem with this, and in fact they seem to advertise it as a success story - they're happy that other people are able to use their code. So it seems like a strange little disconnect that they have such a problem with the GPL version, although I'll admit the situations aren't exactly the same.
Edited 2007-09-30 18:43
"Code contributions made under the BSD license benefits both projects.
Code contributions made under the GPL license benefits the GPL project only."
...you forgot one main point if code is incorporated into GPL licensed code, the original BSD is still available. In fact the BSD users can still get the GPL freedoms from the code, benefits not granted under the very same code tied up into a binary product, and these are things helpful to BSD projects. The second point that cannot be understated as why BSD users shouldn't force there morals on GPL coders as opposed to binary coders. Especially if your asking them to forgo copyleft part of the license they have chosen GPL for.
Developers who use code in a binary product benefits themselves. Why should GPL coders compromise their morals to have them abused by others. The very thing you are objecting to.
You have to think that if the argument is going to be on moral grounds those who complain clearly need a license that say enforces this sharing say...GPL. The irony is clearly lost on you.
GPL projects can use BSD code. BSD projects can not use GPL code.
Of course BSD projects can use GPL'ed code. They can even modify that GPL'ed code and they can distribute the GPL'ed code with the modifications they've made. The GPL allows all this. It's just that the modified code also needs to be GPL'ed and BSD projects don't generally want to ship any code they've written under the GPL.
But there's a big difference between a case where you don't want to use some code and another case where you're not allowed to use it. BSD projects are allowed use GPL'ed code but they just don't want to. So it's not really the GPL restricting BSD projects, it's rather the BSD projects restricting themselves (and then blaming the GPL).
Of course BSD projects can use GPL'ed code
IF you license under BSD, you want your product to be able to be used by ALL. Even closed source products. Simply everybody, for any use (Does it get much more free than this?).
By accepting GPL code into your project, you put restrictions on the entire product.
This is about ethics, not law.
Code contributions made under the BSD license benefits both projects.
Code contributions made under the GPL licensebenefits the GPL project only.
"Thank you for working your ass off for the last years. We take it from here. KTHX."
I'm sorry, but that's just exceptionally silly, and I cannot help but laugh at that. That's the whole point of a BSD style license, and now you're complaining about it?! Do people complain when Apple or anyone else walks in and says "Right, we'll take it from here", and gives no code back from their own fork? You've also just described the very scenario as to why the GPL was created in the first place, and certainly the number one reason why Linus Torvalds wanted to use it for Linux!
I also see no reason why a mutually convenient arrangement from both OpenBSD and GPL/Linux parties could not be worked out, whereby Linux contributors could also contribute code under the BSD license and then license code under the GPL for Linux, as has been done so far anyway.
But, no. Theo doesn't want to talk about co-operation, but wants to throw hissy fits in retaliation because of the license that he and his fellow developers have all agreed on.
Edited 2007-09-30 20:49
I'm sorry, but that's just exceptionally silly, and I cannot help but laugh at that. That's the whole point of a BSD style license,
The point of the BSD license is to allow everybody to use the code in the matter that they want. If they want to give back fine. If they dont want to give back, thats also fine.
But when you copy it and GPL it, just for the sake of GPLing it, that is in my opinion unethical (but certainly perfectly legal).
noone can take the copyright from you.
Oh that Peter Noone, always with taking of the copyrights ( http://www.encyclopediadramatica.com/Noone ).
@smitty said:
You forgot about the other someone else who integrates Driver 1 into their proprietary product, making 3 almost identical codebases. No one can use the third project except for the proprietary vendor, who says "Thank you for working your ass off for the last years. We take it from here. KTHX."
You're not getting it!, Those commercial entities are not changing the licence.. in fact they are required under law to distribute the original licence text in any associated documentation.
Companies using BSD licenced code are usually happy to provide security patches and small fixes.. Why? because the company is thankful for the developers..
GPL projects can use BSD licenced code, but the reverse is not possible... interoperability dies instantly..
"GPL projects can use BSD licensed code, but the reverse is not possible... interoperability dies instantly.."
proprietary Binary projects can use GPL licensed code, but the reverse is not possible...but with GPL the code is still available to *study*
If the case is that BSD is always the poorer half of the sharing equation then it needs to enforce this sharing. A example of this is GPL.
Companies writing GPL licensed code are usually happy to provide security patches and small fixes..to the BSD parts.
The thing I object to about your and other comments is the three lies you are trying to enforce.
1) Companies are moral.
GPL violations are common. They will get away with whatever they can, and will only do things that benefit them. In fact countless times on here we are subjected to amoral actions being excused for *buisness* reasons.
2) Companies use BSD.
Actually I suspect most will use Apache or GPL.
3) GPL authors(almost certainly working for companies) do not contribute back to BSD code. Actually spreading this lie amongst a *larger* GPL community will cause those who happily dual license and give back(sic) to BSD cause for thought.
Edited 2007-09-30 19:45
You're not getting it!
I think you've got that backwards.
in fact they are required under law
As I said, I'm talking only about that morals involved, not the specific legal situation. I'd like to hear someone (anyone) tell me why it is morally OK to integrate the code into a proprietary product which doesn't give anything back, but not OK to put it in a GPL product that still shares the code with the opensource community, at least part of it. Without getting into a "it's not legal" argument.
Companies using BSD licenced code are usually happy to provide security patches and small fixes.. Why? because the company is thankful for the developers..
GPL projects can use BSD licenced code, but the reverse is not possible... interoperability dies instantly..
That's much more of what I was looking for, but although there are plenty of proprietary companies that give back there are also plenty of others that don't. And the license seems to explicitly give permission for companies NOT to give anything back, so if that was so important to you wouldn't it make more sense to choose a license that forces you to give stuff back? By choosing BSD, it seems like you've made a conscious decision that companies giving back and contributing isn't the most important thing to you. Which is why I'm a bit confused that you do think GPL projects should be forced to do so.
Edited 2007-09-30 19:46
>> I'd like to hear someone (anyone) tell me why it is morally OK to integrate the code into a proprietary product which doesn't give anything back, but not OK to put it in a GPL product that still shares the code with the opensource community, at least part of it.
BSD cant use GPL code!
And your not giving back to a propritary product, your giving back to a Open Source BSD licensed project! (If you choose to do so)
A company I worked for used BSD licenced code in a product, did we just take the code and ditch the community? no!
* We read their mailing lists... we provided feedback.. and we provided patches..
* We would never try forcing a proprietary licence on the changes, but we were glad to be able to keep larger customizations to ourselves..
Why? because we respected the original developers.. and friendships are often formed
Edited 2007-09-30 19:22
I don't see this discussion, comments in this article, going anywhere...
specially when people mod down comments they just don't agree with (as, in OSNews, the mod down option isn't about agreeing or disagreeing with someone else... is about control spam, trolls and etc [*] )
I hope the heat turn down a bit and people can have an actual useful, meaningful discussion.
[*] From OSNews mod system: "Disagreeing with a comment or a user is not a valid reason to use the moderate. Comment votes are alloted to draw attention to insightful and informative comments and remove trash and trolls from our forums. They should not be used to remove comments with which you do not agree."
I don't see this discussion, comments in this article, going anywhere...
specially when people mod down comments they just don't agree with (as, in OSNews, the mod down option isn't about agreeing or disagreeing with someone else... is about control spam, trolls and etc [*] )
This has been a problem for a _long_ time now, sadly.
The only solution is to browse at -5, since many of the most inslightful comments are often modded down just becuse people disagree.
"""
"""
I agree with the advice to browse at -5.
However, the solution is the same as in a democracy. Use your votes. If people do not vote up the comments which they believe are worthy, letting their votes go to waste, it gives a few abusive individuals excessive control over the score of other people's posts. Remember that these abusive people now have a practically unlimited number of comment votes with which to promote their reign of terror.
I know of a guy that I'm pretty sure has a list of at least three people, possibly more, whom he tracks via RSS and mods down every post they make. (I can't prove it. I'm just pretty sure.) And those people he mods down tend to make quality posts. We should be right there to mod them back up. And if we are too complacent to do so, it's our own fault. (I'm as guilty as anyone.)
The current mod system, like a democratic government, places the ultimate responsibility for how well things work upon *our* shoulders.
Personally, I think that we *all* have too many comment votes and that the number should be cut in half.
Edited 2007-10-02 18:24
Could the person who modded this poster down please explain why (i.e.the OP I'm replying to)? I see another post where someone (no names) calls another poster a "liar", yet he gets modded up.
This is not a discussion. This is mob rule.
edit: clarified.
Edited 2007-10-01 00:42
off-topic
=========
@anomie don't be shy you can mention me by name. I use the term "lie" when I should perhaps use words like "subterfuge"; "misinformation"; "propaganda"; "spin" or the ever weak "FUD"...but its *not* the right word.
It is a failing of me as a poster, that I cannot "pass myself off as a Disappointed Vista User" or "pretend to have common ground kinship even" or "point out a weak good point followed by a bad point"; or mention an vaguely on-topic post followed by a unsubstantiated attack", and maybe I should be building those very skills, which I admire in others. I simply do not have the skillset.
...but then I can only call a lie a lie. If thats upsetting then don't lie.
I want to point out that someone modded even your post down (which I modded back up +1). Not because I agree with your post -- which I don't particularly -- but because this entire discussion is a good case in point about why the "mod system" is being used as a tool to stifle discussion.
I would think that freedom proponents (both GPL and BSD folks) would thrive on free exchanges of ideas rather than trying to bury opposing views.
I don't know what else to say. I enjoy the osnews forums and the knowledgeable contributions I frequently read, but as usual a few disturbed individuals ruin it for the group.
Osnews commenting works that way. People mod down comments all the time because they disagree with something you say. I know it can get frustrating. As an example, i posted above a real example from a real-life (and very good) project about a license which is BSD but avoids the problem of people re-licensing code in GPL and people modded me down:).
http://www.osnews.com/reply.php?news_id=18704&comment_id=275437
There's really no reason that mods need to be anonymous. It would be good to require a one-line comment for negative mods (maybe a comment would be good for positive mods as well). It would make the various user factions clearer, but people would also think more before making bad mods.
Did you guys look at the flat assembler (fasm) license? I really like this license if i want to use BSD style license which promotes commercial development.
It is basically a BSD license with this extra clause:
"The licence and distribution terms for any publically available
version or derivative of this code cannot be changed. i.e. this code
cannot simply be copied and put under another distribution licence
(including the GNU Public Licence)."
GPL camp shows such an intolerance and lack of respect towards other people's views that it is hardly in good taste. Forcing others to agree to your opinions doesn't sound right. But this is what GPL camp tries to do, stuff their agenda down others throat. The so called freedom army of stallman. If not by force then by code squatting.
Edited 2007-10-02 10:19
This thread is full of questions posed towards people who claim to represent the "BSD license camp" point of view.
Questions such as "what do you really want"? and "what did you actually mean to say"? and "if you really want that, why don't you just ask for it"?
It also contains repeated accusations about "the GPL camp is not moral", or "the GPL camp is this or that" ... accusations made by people who did not actually understand the GPL camp's position, and would not listen to it when it was explained to them.
Yet now, having had it patiently explained to them, we see a claim
Incredible! Which side was it again seeking answers on the other sides views? Which side was it throwing out unfounded accusations about the other sides behaviour, without understanding? Which side was it that had a consistent, fair and unselfish position (protecting the interests of Joe public by keeping the code open) in the final analysis? And, most tellingly, which side was it that couldn't give straightforward answers to the simple question "what do you really want"?
It is almost unbelievable how badly some people can get the wrong end of the stick, and accuse others of bad behaviour that it turns out they themselves are guilty of.
I say "almost unbelievable" because there happens to be a psychological term that describes this type of phenomenon very well.
http://en.wikipedia.org/wiki/Psychological_projection
Since there is a term for it, it must be, somewhat surprisingly, not that uncommon.
Edited 2007-10-02 10:43
To answer your question:
We want to see honesty in people so that if one benefits from our code then they contribute back to us in a un-selfish manner such that our contribution can let our industry grow.
GPL stand is that corporations are bad, we respectfully disagree. Since GPL people take our code, all we want from them is at least give us something in return. We don't want to force it, we just seek good behavior based on moral values. We can go legal way if we want but we want people to realize the value of moral values and not just talk to the hand approach.
SUN gives back, Apple gives back, heck even Microsoft gives back in terms of their funding in universities and releasing their code under BSD like WiX installer and under MS-PL.
So why can't someone from GPL camp who takes BSD code, simply give us at minimum equal number of line of code back under our license?
You have thoughroughly misunderstood the GPL stand, then. The GPL stand is not "corporations are bad", the GPL stand is twofold: "rip-off is bad" (no matter who does it) and "the code must remain open" (no matter who takes it). The second part of this stand prevents the first from happening.
Despite your apparent confusion over this, the fact that the code must remain open does NOT prevent commercialisation of the code. It is quite permissible to sell products with GPL code in them ... the only requirement is to make the source code available. This is done for many products ... I gave you a link to an example for mobile phones.
Sigh! How many times do you have to be told ... GPL developers are more than willing to give code back. They do this very thing themselves over and over ... it is almost their credo. The one and only thing they require is that there must be a proviso going with that code that it always remains open, there must be a stipulation on EVERYONE to give further changes back.
Since you claim that this is what you want, I ask, yet again for the umpteenth time ... why don't you put this as a condition in your license? As soon as you do that you will gain the ability to use GPL code. Why won't you do it?
You cannot claim that it would prevent commercialisation ... the fact that there are literally hundreds of products using GPL code gives the lie to that. So why on earth not make yourself GPL compatible?
And GPL developers would give back too, far more give back than any of these, if you would do that one simple act (that GPL developers need to see) of putting the requirement to give code back into your license. You say you want give back, so just require it of everybody who uses your code and all would be sweet.
I told you why, many times ... it is because your license does not require everyone to give code back. Therefore your license has no defense against abusive commercial interests who would take the code and rip off the unsuspecting public using it.
The amazing thing is, when it happens that "abusive commercial interests actually do take your code and rip off the unsuspecting public using it" you make not a murmur of protest, yet when GPL developers take your code and protect it against abuse and from being used to rip people off, you are up in arms over it? Puhhhhleeeeease.
Put the requirement to give code back as part of your license and all of your troubles would disappear in one fell swoop. Leave yourself open to abuse and parties will abuse you, and GPL developers can't help you I'm afraid.
For a code analysis, I just love the wording that's used here. "..seems to be derived.." or "...do not appear to be derived..." and "...this work appears to have begun..."
Lots of usage of the word "appears" which in each context is defined as "To seem likely". This is just refusal to admit, in positive yes or negative no format,
if the item they are referring to is true. Smoking and mirror word play. Nice.
It's annoying to read a supposedly exhaustive and detailed review. A detailed review would give to the ability to say "...is derived..." or "...is not derived...", yet this review can not and does not have that ability.







