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From: nemesis
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 20 Jan 2009 23:30:00
Message: <web.4976a468390cc5e3af574e4b0@news.povray.org>
"clipka" <nomail@nomail> wrote:
> Either you will work for a big company to adapt & extend existing software to
> their needs (which then *may* happen to be released to the public for free as a
> spin-off), or you will develop software as a hobby just for fun. No in-between
> anymore.
>
> No room for people writing comparatively small pieces of software for fun *and*
> making a living on it.

Indeed.  "No pain, no gain" should be the tag line of every job. ;P

> Can you imagine anyone paying for shareware if it is not only *technically*
> possible to circumvent trial periods and registration code checks (because the
> source code must be made open),

or because the shareware is crippled and closed and there's similar open-source
software for free?

> Well, I can imagine people paying for such tools, but I guess their number will
> drastically decrease, and the feeling that it's still right to pay for
> shareware will erode over time even in those people who currently still have
> that attitude.

Funny you mention shareware indeed.  Shareware and freeware are two words I last
used on a 486 running DOS.  Ever since I got into Linux, free as in speech took
priority over free beer, even though it's gratuitous too.


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From: nemesis
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 00:05:01
Message: <web.4976acf3390cc5e3af574e4b0@news.povray.org>
"clipka" <nomail@nomail> wrote:
> nemesis <nam### [at] gmailcom> wrote:
> But GPL says: If your product has *any* GPLed code in it, *all* the product
> software must be GPLed - every single byte of it. If you sell the thing, that
> is.

Not if you sell, if you distribute modified versions of it or software using it.
 It requires nothing from you if you code your whole software independently and
later calls optional GPL functionality from the outside, rather than as library
calls or code pasting.

More below.

> Take for example a ray tracing software. Say, I write my own raytracing software
> from scratch - except for the PNG library, which I don't bother to code all by
> myself. As far as my own code goes, I'd be happily willing to place it in the
> public domain. I cannot, however, because I need to GPL it for the sake of the
> PNG lib.
>
> Now someone else needs a raytracer that outputs HDR. He doesn't really care
> about PNG, but he takes that raytracing software I wrote (including the PNG lib
> I didn't write), and replaces the PNG code with HDR code written by himself from
> scratch. Let's for argument's sake assume that he, too, is perfectly fine with
> his work to be placed in the PD.
>
> So the product contains work from me, perfectly willing to place it in the
> public domain, and work from that other guy, who added the HDR code, and also
> perfectly willing to PD it. Nothing left of the PNG code which forced me to GPL
> the software.
>
> Nothing left? Hm... I had to release my code under the GPL. So if that other guy
> wants to distribute his software, he has to GPL it, too.

http://www.gnu.org/licenses/gpl-faq.html#CombinePublicDomainWithGPL

You can put your software in the PD and later combine it with GPL and if someone
later wants the non-GPL version, just take the PD with no png one.

If I were you, though, I'd instead simply not link with libpng (is it really GPL
rather than LGPL?).  I'd write my app without png support, have a command-line
switch or some graphical option to render/export png and call a separate
utility program to read/write the png, say, imagemagick or one short of my own
I'd be willing to put under the GPL for libpng access.

You could of course also write a non-GPL png library to counter the evil
advances of the FSF. :)

> I do believe they believe in their ideals: Total domination of the "free
> software" idea over all the software market. I haven't seen any statement to
> the effect that they will be happy with anything less.
>
> From what I see, it's not a moral stance, but a religious one, and that makes me
> very uneasy about the FSF and GPL.

No, you're really uneasy because you think there'll be no more jobs for software
developers in a world made out completely of free software, whereas I see that
as an immense oportunity for much customization and software services using
very good free tools.

I don't see the end of software developer's careers happening by FSF's utopic
hands though, but by some future AI that renders us obsolete and a curiosity of
the past like blacksmiths.  On a second thought, it'll also render mankind
obsolete and we'll have far more worrying problems than lack of jobs, like
running for life or finding food and hidden caves big enough for everyone...


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From: Thomas de Groot
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 04:09:48
Message: <4976e65c@news.povray.org>
Interesting to see how this whole discussion derives from a simple query 
about the Buddha....

[wow, man! I mean, Peace!]   :-)


Thomas


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From: Chris B
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 06:46:31
Message: <49770b17@news.povray.org>
"clipka" <nomail@nomail> wrote in message 
news:web.49768f4f390cc5e3a8b1e7e60@news.povray.org...
> "Chris B" <nom### [at] nomailcom> wrote:
>> You are perfectly entitled to also release
>> your own work (or work to which you hold sole copyright) as part of other
>> distributions under a different free or commercial license of your 
>> choosing.
>
> .... this may become quite a pain.

Hmm! I think anytime you get into the complex issues of copyright and 
licensing you'd better be ready to endure pain :-)

Nevertheless, as the license issuer, the GPL protects your rights in a way 
that allows you considerable freedom for the future. For speed and economy 
you may choose to base your work on GPL libraries for your first release. If 
your application looks like a winner you may then investigate alternative 
licensing for those libraries or invest in replacement libraries under a 
commercial license. Sure, people will still be able to run your old code and 
derivative works distributed by others under their existing GPL license, but 
many may also choose to upgrade to your V2 code with whichever license you 
have chosen for it.

The aggressiveness of those advocating GPL is to try and protect you. Not to 
try and swindle you out of your own code (that role was already taken). 
Remember, you are not bound by the terms of use in the license that you 
issue. You have obligations as the license issuer, not as the recipient of 
the license.

>
>> I see it more as an inevitable response to some vicious and sustained
>> attacks by a small number of huge, disreputable commercial interests with
>> very large and well funded legal teams against altruistic individuals and
>> groups without the necessary financial backing to fight back.
>
> Nay. It may have started that way, but from what I see now, it has gone
> overboard.
>
> For the cause of protecting free software developers' rights against 
> commercial
> piracy, in the case of libraries I see no valid reason to require that 
> *all*
> parts of commercial software must be open sourced if they use that 
> library -
> except for "political" purposes.

Legally it's not piracy because big business mostly has the law on its side. 
Most of the copyright, licensing and piracy laws have been crafted by those 
sponsored by major commercial interests and forced into law by well-paid 
government lobyists. GPL and LGPL were crafted to try and use those very 
same laws to counter the lack of representation for the individual and for 
the open source community in those laws.

> If the goal is to defend against commercial products "wrapping" the 
> library,
> with the intention of hiding from their users the fact that the same
> functionality is available for free, then it will perfectly suffice to 
> require
> that credit is given in a sufficiently prominent place, and source code of 
> the
> *library* is provided for free on demand.

An example may serve here to illustrate:

Imagine you spend years on an ingenious open source project that develops 
some clever and complex algorithms and you don't give it the protection that 
the GPL affords. You're about to add a cool front-end when someone else 
embeds your code, adds their own commercial front-end and patents the notion 
of using your code through a GUI front-end. Your years of altruistic 
development have now been effectively blocked by someone who knocked up a 
quick and dirty 'wrapper' to your code and you can't even develop your own 
front-end without paying them royalties for their genious idea of using your 
software through a front-end. Their patent lasts for the rest of your life.

Or, an example from the other side of the coin:

Imagine you write an application to manipulate a mesh that you found with an 
open license which is not GPL or some other comparable license that has some 
tested legal foundation. You sell it at $5 a shot for a couple of years 
before a lawyer buys the company that released the mesh. He challenges and 
overturns the license and then sues you for loss of earnings claiming the 
mesh alone to be worth $500 a copy. You now have the choice of  A) 
negotiating to see if he'd be kind enough to take the $20K you'd earned and 
the rights to the software you wrote to get off your back or  B) hoping that 
someone who likes you dies leaving you $2M plus legal expenses in the next 
few days.

> Or, alternatively, it should suffice
> to disallow distribution of the library along with the product - but even
> dynamic linkage with a library that needs to be obtained separately is an
> option ruled out by the GPL.

I've watched the different clauses in the GPL build up over the years and 
the FSF has been careful to explain why each clause has had to be introduced 
to counter a new attack. I believe the clause you refer to was in response 
to organisations that burned two CD's and said that the library and code 
were therefore distributed 'separately', but you'd have to check back on the 
FSF site to be sure.

>> Over the years
>> I've seen huge bodies of work, contributed freely for the benefit of
>> everyone, wiped away or enveloped by commercial or legal trickery. It's 
>> sad
>> that, having found that the open source community has evolved mechanisms 
>> to
>> combat their legal departments, there now seems to be an intensifying 
>> focus
>> on campaigns to confuse, discredit and divide the open source community.
>
> I can assure you that I have not been the target of any such campaign (or 
> if I
> was, I didn't bother to listen to them).

:-) Sorry! I wasn't accusing you personally. The hired public relations 
hacks tend to just sow seeds of doubt and typically don't argue the case 
themselves. Their style is more to ask questions rather than make any actual 
statements for which their clients could be held in any way accountable.

> I thought quite favorably about the
> ideals of free software - until I read some articles on the FSF's internet
> site.
>
> They're at war. And they're willing to sacrifice anything else for it. 
> They're
> no longer just fighting against big strong sneaky companies - they're 
> fighting
> against everyone who in all honesty tries to get monetary compensation for
> their contribution to software. Unless it is designed specifically for a 
> single
> customer, but on these people the GPL will still backfire: They may sell 
> their
> work to the company, but they must allow the company to re-distribute any 
> part
> thereof to anyone they like.

I'm not aware of the precise text you're referring to, but I'm sure you're 
right that some people in the open source community use excessively colorful 
language that tends to inflame. Many of these people though are battle 
weary, having won small victories in the past only to have those victories 
undermined by lobbyists who have been sneaking new and more dastardly rules 
by the back door through the legislature on the quiet. I suspect it's also 
true that the less obsessive personalities on both sides of the argument 
tend to drop out as the bitterness deepens.

> That's nothing I took from Microsoft campaigns or whatever.

I would think not. Microsoft's public face is usually very benevolent 
towards the open source community. Particularly now that Mr Gates is getting 
older and is perhaps giving more thought to how his name will be written 
into the history books.

> I do see a sense in the LGPL. I also do see a sense in the fight against
> software patents (I think *any* patent is crap - if I happen to make the 
> same
> invention as someone else, without me knowing about that, then why should 
> I not
> be entitled to use the idea?).

I think the patent system is in need of serious review. It was developed to 
protect the intellectual capital of the small number of innovative 
individuals and companies that existed in the past. The last 50 years has 
seen a population explosion and a communications explosion that makes many 
of the patent restrictions non-sensical.  There are companies that lodge 
literally millions of patents each year with no intention of developing or 
even exploring those technologies. They simply keep their patents on file so 
that they can demand royalties from others who invent anything commercially 
viable and slightly similar in the future.

> But the GPL is not a legal instrument but a
> political paper, and I don't favor the way it is heading. And the zeal 
> with
> which it is promoted makes me uneasy.

It's important to distinguish between the GPL, which is a licensing 
agreement, and the expression of views by those promoting it (even if the 
views are from the people currently dedicated to maintaining and promoting 
the foundation). The license has evolved over many years to respond to legal 
challenges against your rights to write and distribute your own work. Each 
iteration of the license has been discussed at considerable length before 
being released and is the result of diligent and carefully thought-through 
arguments (even when universal agreement over clauses has not been 
possible). The reasons behind each decision affecting the evolution of the 
license have been disclosed and those reasons are still available for anyone 
to read.

I don't believe that the FSF is just another evil empire waiting in the 
wings.

Regards,
Chris B.


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From: Chris B
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 06:57:20
Message: <49770da0@news.povray.org>
>> I can assure you that I have not been the target of any such campaign (or 
>> if I
>> was, I didn't bother to listen to them).
>
> :-) Sorry! I wasn't accusing you personally. The hired public relations 
> hacks tend to just sow seeds of doubt and typically don't argue the case 
> themselves. Their style is more to ask questions rather than make any 
> actual statements for which their clients could be held in any way 
> accountable.

Just for the record I'm not accusing Woody either :-)


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From: Chris B
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 07:03:14
Message: <49770f02@news.povray.org>
"Thomas de Groot" <tDOTdegroot@interDOTnlANOTHERDOTnet> wrote in message 
news:4976e65c@news.povray.org...
>
> Interesting to see how this whole discussion derives from a simple query 
> about the Buddha....
>
> [wow, man! I mean, Peace!]   :-)
>

Well I was trying not to get drawn in. I'll just have to try harder the next 
time  :-)


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From: Darren New
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 10:00:05
Message: <49773875$1@news.povray.org>
clipka wrote:
> Nay. It may have started that way,

It didn't. Read RMS's description of how it started. No need to speculate.

-- 
   Darren New, San Diego CA, USA (PST)
   "Ouch ouch ouch!"
   "What's wrong? Noodles too hot?"
   "No, I have Chopstick Tunnel Syndrome."


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From: nemesis
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 11:12:29
Message: <4977496d$1@news.povray.org>
Darren New escreveu:
> clipka wrote:
>> Nay. It may have started that way,
> 
> It didn't. Read RMS's description of how it started. No need to speculate.

Like, the anecdote in which he was very angry at the new closed source 
printer driver by a vendor?  It was indeed a response to an advancing 
trend by big corps:  to close programs' sources.


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From: clipka
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 16:30:00
Message: <web.49779331390cc5e3bdc576310@news.povray.org>
"Thomas de Groot" <tDOTdegroot@interDOTnlANOTHERDOTnet> wrote:
> Interesting to see how this whole discussion derives from a simple query
> about the Buddha....
>
> [wow, man! I mean, Peace!]   :-)

Yeah - I said it might get off-topic ;)

And anyway... Buddha... that's religion, so we're still not far from it =B)


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From: clipka
Subject: Re: Saturday night doodle. - Buddha01c1_.jpg (0/1)
Date: 21 Jan 2009 17:50:01
Message: <web.4977a5ce390cc5e3bdc576310@news.povray.org>
"Chris B" <nom### [at] nomailcom> wrote:
> The aggressiveness of those advocating GPL is to try and protect you. Not to
> try and swindle you out of your own code (that role was already taken).
> Remember, you are not bound by the terms of use in the license that you
> issue. You have obligations as the license issuer, not as the recipient of
> the license.

Whe I develop software that makes use of other software, I *am* also the
recipient of a license.

Maybe I'd be much more benevolent towards the GPL if it wasn't for the ghastly
aggressive undertone of the FSF, and that they don't seem to put much effort
into showing how to circumvent certain "collateral damage" the paragraphs of
the GPL do.

As for example how to use a GPL'ed library in a basically commercial software
project.

It dawns to me now that it can be done by writing a GPL'ed wrapper around the
library that provides some socket- or pipe-based access to the library,
distributing it as a project of its own, and writing that commercial piece of
software, which will require the user to install that wrapped library - which
I'd provide a link to - and drive it via that socket or pipe (or
what-have-you).

I can't see, however, what the legal advantage for the author of the library,
the free software community as a whole or even the FSF would be to allow such a
thing, but disallow straightforward dynamic linkage of a separately available
library.

With the described concept, could I not actually even write a wrapper for the
socket interface, to give me again an interface much alike the original
libray's?

All it does, as it seems to me, is unnecessarily consume computing power and
development time.

> Imagine you spend years on an ingenious open source project that develops
> some clever and complex algorithms and you don't give it the protection that
> the GPL affords. You're about to add a cool front-end when someone else
> embeds your code, adds their own commercial front-end and patents the notion
> of using your code through a GUI front-end. Your years of altruistic
> development have now been effectively blocked by someone who knocked up a
> quick and dirty 'wrapper' to your code and you can't even develop your own
> front-end without paying them royalties for their genious idea of using your
> software through a front-end. Their patent lasts for the rest of your life.

What prevents someone to do the same with the described socket- or pipe-based
wrapper interface?

They might not be able to patent this particular way of using exactly your code,
but with a somewhat more general patent claim it would do the same harm.

The real fight in this scenario is against software patents, which has not much
to do with the GPL as it seems to me.


> Imagine you write an application to manipulate a mesh that you found with an
> open license which is not GPL or some other comparable license that has some
> tested legal foundation. You sell it at $5 a shot for a couple of years
> before a lawyer buys the company that released the mesh. He challenges and
> overturns the license and then sues you for loss of earnings claiming the
> mesh alone to be worth $500 a copy. You now have the choice of  A)
> negotiating to see if he'd be kind enough to take the $20K you'd earned and
> the rights to the software you wrote to get off your back or  B) hoping that
> someone who likes you dies leaving you $2M plus legal expenses in the next
> few days.

You mean a non-GPL license covering the mesh? Or my application? (I don't
release that, do I?)

Here, we're not talking about a benefit of the GPL as such, but of proven,
tested licenses. They do not need to be as virulent as the GPL to be as
effective, I guess.


> > Or, alternatively, it should suffice
> > to disallow distribution of the library along with the product - but even
> > dynamic linkage with a library that needs to be obtained separately is an
> > option ruled out by the GPL.
>
> I've watched the different clauses in the GPL build up over the years and
> the FSF has been careful to explain why each clause has had to be introduced
> to counter a new attack. I believe the clause you refer to was in response
> to organisations that burned two CD's and said that the library and code
> were therefore distributed 'separately', but you'd have to check back on the
> FSF site to be sure.

See my elaboration above: The problems you describe here do not only apply to
dynamically linked libraries, but also to socket- or otherwise-based "plug-ins"
or however you'd call them. So the scenario you describe needs to be tackled in
a different manner than by forbidding dynamic linkage while still allowing
socket-/pipe-based dynamic "quasi-linkage".


> I suspect it's also
> true that the less obsessive personalities on both sides of the argument
> tend to drop out as the bitterness deepens.

Which makes my point, that the FSF is (maybe has become) too radical.

> I don't believe that the FSF is just another evil empire waiting in the
> wings.

I don't believe in evil empires anyway. But I believe in the potential in man to
overdo things because they think the direction to go that was right in the past
will always be the right direction to go.

If you are in the wild woods west of the path you should be on, go east - but
only until you're back on the path. Then check your position again and decide
whether you need to follow the path north or south.


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