Re: The Atheros story in much fewer words

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From: Theo de Raadt
Date: Wednesday, September 12, 2007 - 7:57 pm

I recognize that writeup about the Atheros / Linux / SFLC story is a
bit complex, so I wrote a very simple explanation to someone, and they
liked it's clarity so much that they asked me to post it for everyone.
Here it is (with a few more changes)

-----
starting premise:
 
   you can already use the code as it is

steps taken:

1. pester developer for a year to get it under another license.
   - get told no, repeatedly

2. climb over ethical fence

3. remove his license
   - get caught, look a bit stupid

4. wrap his license with your own
   - get caught, look really stupid

5. assert copyright under author's license, without original work
   - get caught, look even more stupid

Right now the wireless linux developers -- aided by an entire team of
evidently unskilled lawyers -- are at step 5, and we don't know what
will happen next.  We wait, to see what will happen.

Reyk can take them to court over this, but he must do it before the
year 2047.

From: Nick Holland
Date: Thursday, September 13, 2007 - 4:09 am

As you indicated in a previous posting, this does seem to point a
way to accomplish the long-desired goal of a BSD-licensed compiler
set, doesn't it?  Heck, using this process, I can become a coder!
src/, here I come!


Not sure why anyone is surprised here.  They have long demonstrated
their (re)definitions of commonly used words and phrases.  GNUspeak:

"Open Source is THE WAY!"  (unless, of course, there's a binary blob
around, which is more than sufficient)

"Give back to the community!" (which really means, "I'm the community,
gimme, gimme, gimme!")

"Free as in Freedom!"  (but "Free as in no monetary charge" beats
the hell out of taking a stand)

"Respect our license!" (your license is not worth the bits its stored
in)

GPL is the way!  It's our way, we'll make it your way, too.

"Theo's a loud-mouthed jerk!" ("but we'll happily benefit from his
work, while we pretend to be the nice guys")

"Hardware vendors should respect alternative OSs!"  (Ok, they support
mine, that's good enough)

"OS Diversity is good!"  (but "My distro's bigger than yours!"  Damn,
guys, if that's the goal, Windows wins, everyone else is a loser)


Not that certain other "free" software people are all that much
different from the Linux fannerds.

Free software: It's all about the price.
The rest of the talk about "freedom", etc. is just trying to keep
them from looking like cheap, greedy bastards.
At least for an awful lot of 'em.

Nick.

From: Marco Peereboom
Date: Thursday, September 13, 2007 - 5:48 am

I have to point out that I have been told on this list by a GPL fan that
the dictionary definition of freedom isn't correct.  He was so friendly
to ask me who the hell I was to tell him what freedom means.  Freedom
for him did mean free + random rules.

For all the great things the GPL has done its followers really could do
some reading on that whole "definition of words" thing.

This copyright thing is a complete debacle and shows just how
disingenuous some of the linux people are.  There is no way I buy that
the lawyers involved do not understand what they are doing.  As a fan of
the following quote: "Never ascribe to malice that which is adequately
explained by incompetence" -- Napoleon Bonaparte
I do not buy that the FSF (yes I said it) lawyers do not understand
copyright law.  Nobody with a degree in law is that stupid therefore I
have to conclude that there is malice involved.

The FSF should take a deep breath and apologize to Reyk, apologize to
Theo, apologize to OpenBSD and apologize to the open source community at
large.

From: Claudio Jeker
Date: Thursday, September 13, 2007 - 9:21 am

While reading this I got a mail that OpenSolaris released the adapted
version of our malo(4) driver.

http://www.opensolaris.org/os/community/laptop/wireless/malo/

Second sentence on the page is:
This driver is based on the source code from OpenBSD, and is provided
under the same BSD-type License.

So companies are bad and only "true" open source is good. Ja ja, sure.


From: Darren Spruell
Date: Thursday, September 13, 2007 - 10:16 am

Bravo.

DS

From: Marc Espie
Date: Friday, September 14, 2007 - 1:46 am

They still haven't caught up. 1984 was hip about 23 years ago. Now, it's
so passi.

But then, what do you expect from a movement whose founder still lives in
1968 ?

From: J.C. Roberts
Date: Friday, September 14, 2007 - 2:11 pm

RMS_Jones: "It's free as in koolaid."
SadVictim: "Umm... no thanks."
RMS_Jones: "Then I'll force you to drink it."

From: Shawn K. Quinn
Date: Thursday, September 13, 2007 - 12:08 pm

These are definitely not the views of the GNU project. They *might* be
views of the self-styled "Linux nerds" that think they are "k00l" and
"eleet" because they read Slashdot, but to imply the GNU project

There may be some in the free software movement that think like this,

Again, Richard Stallman's famous speech makes it clear monetary charge

You know, it's fine if you hate the GPL. But I'll be damned if I just
sit here and let you spread outright Goddamned *lies* about the free
software movement and the people that represent it.

I'm not cheap. I'm not greedy. All I am after, is the freedom to use my
computer the way I want to without Microsoft, Apple, Google, AOL, Adobe,
Real, or other large companies being able to step in and say "no you
can't do that, it's not in our (financial) best interests to let you".
For me, it's always been about freedom. I would think for most of the
free software movement that truly knows what's going on, it *is* about
freedom.

While it may be seen as distateful to make modifications to BSD-licensed
code, and place those modifications under the GPL or a similar "share
alike" license, based upon what I understand of copyright law, it's
perfectly legal. Even though BSD-style licenses are compatible with the
GPL, there are perfectly acceptable social goals achieved only by
releasing under the GPL or a similar license.

-- 
Shawn K. Quinn <skquinn@speakeasy.net>

From: Darren Spruell
Date: Thursday, September 13, 2007 - 12:32 pm

Before you embark on your storm in a teacup, re-read (and re-read
again if you still don't get it) Nick's message. It's clear you
missed/misunderstood half of the points he was making.

DS

From: Shawn K. Quinn
Date: Thursday, September 13, 2007 - 12:37 pm

1) I'm on the list, no need to CC me.

2) Like, duh, I understand perfectly well what his point is: to slander
the GNU project and its users. I re-read the message several times
before replying.

-- 
Shawn K. Quinn <skquinn@speakeasy.net>

From: Theo de Raadt
Date: Thursday, September 13, 2007 - 12:57 pm

out in the slashdot crowd, there is a trend to say anything neccessary
to get what they want, including explaining away actual law and
ethics.

how do they get to the point of saying such things?

it is a gimme gimme gimme culture.

the letters written in the GPL and the BSD and the laws that underpin
those licenses mean nothing in the face of gimme gimme gimme.  if the
GPL had words which would take away from them, they would attempt to
explain those words away.

noone is slandering those users.  they're calling them what they
are -- greedy and self-serving and wrong.

From: Paul de Weerd
Date: Thursday, September 13, 2007 - 1:15 pm

On Thu, Sep 13, 2007 at 02:08:21PM -0500, Shawn K. Quinn wrote:
| On Thu, 2007-09-13 at 07:09 -0400, Nick Holland wrote:
| > GNUspeak:
| 
| These are definitely not the views of the GNU project. They *might* be
| views of the self-styled "Linux nerds" that think they are "k00l" and
| "eleet" because they read Slashdot, but to imply the GNU project
| espouses these views is, quite frankly, slanderous.
| 
| > "Give back to the community!" (which really means, "I'm the community,
| > gimme, gimme, gimme!")
| 
| There may be some in the free software movement that think like this,
| but this is far from a majority view.

I doubt you have numbers to back this up (just like I doubt anyone
else has numbers to back up Nicks remark, btw).

| > "Free as in Freedom!"  (but "Free as in no monetary charge" beats
| > the hell out of taking a stand)
| 
| Again, Richard Stallman's famous speech makes it clear monetary charge
| is not the reason for the free software movement.

I may know the wrong people, but for me, most linux users I know are
in it for the low price and the 'fuck microsoft' attitude. They don't
really care about freedom. They have the freedom (and the money) to
pick and choose any OS and software they like, be it GPL licensed, BSD
licensed or EULA-plastered MS-code. They enjoy the finger they think
they flick at microsoft by using linux but they'll install all the
binary-only software they want in a heartbeat if it suits their needs.

RMS' free software movement may not be about finances, but both you
and I don't know what Joe Blow the Linux user is in it for. I can
only speak for myself and the people I've spoken to about this, and in
my little world, Nicks words match more closely what I've heard than
yours.

| > Free software: It's all about the price.
| > The rest of the talk about "freedom", etc. is just trying to keep
| > them from looking like cheap, greedy bastards.
| > At least for an awful lot of 'em.
| 
| You know, it's fine if you hate the GPL. But ...
From: Rui Miguel Silva Seabra
Date: Thursday, September 13, 2007 - 2:25 pm

1. that's in the preamble, which establishes the spirit
2. 4 paragraphs below you read:

	The precise terms and conditions for copying, distribution and
	modification follow.

3. later on you learn the "precise term" which is "under the terms of this
   License"

So no, you're wrong. Don't bother defending your point of view, it's a waste
of time to both of us, more to you who will write it. :)

Rui

-- 
P'tang!
Today is Sweetmorn, the 37th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Reiner Jung
Date: Thursday, September 13, 2007 - 3:50 pm

Rui,

as you are not a lawyer, you should stop to interpret any law, copyright
questions or give any legal advice from your own interpretation. This will
give a wrong assumption to the story. When there is a statement needed,
please let talk the legals and until they give advise, you should stop your
own legal advice. 

Maybe you don't notice it, but a wrong advice can people bring in trouble.
 

Regards
Reiner

On Thu, 13 Sep 2007 22:25:44 +0100, Rui Miguel Silva Seabra <rms@1407.org>

From: Rui Miguel Silva Seabra
Date: Thursday, September 13, 2007 - 3:58 pm

Go see if I'm employed by Microsoft, will you?

It's in every citizen's duty to know about the law. Lawyers are merely

Which is why on such absurd statements, like the one I corrected, I find it
is a duty to clarify.

Regards,
Rui

-- 
Or not.
Today is Sweetmorn, the 37th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Reiner Jung
Date: Thursday, September 13, 2007 - 4:29 pm

Rui,

what have this to do with Microsoft? I assume nothing. Don't let us mix up
this topic. The question here is not Microsoft again OpenBSD, Linux or ...,
the point is that here nobody should give any interpretation without
licensed to practice law. So let the specialist decide on the topic. 

As I assume you are not aware of the law in Europe and maybe not the law in
Portugal, please stop to discuss until we have the facts. Everything else
will end in nowhere. 

When you are able to show any court decision about this topic, which can
prove the facts, it will be fine. Otherwise let us wait for the facts. 

When you not notice, the hole "license" issue help not the Open Source
community, it support the closed source vendors to argue again OSS. When
this is your target, then continue. 

Have a nice evening. 

Regards
Reiner

On Thu, 13 Sep 2007 23:58:43 +0100, Rui Miguel Silva Seabra <rms@1407.org>
-- 
Regards
Reiner Jung
Open Source Community and Business Consultant

The-Gang                http://www.the-gang.net/

Email                   rjung@the-gang.net
Jabber                  reiner@the-gang.net
IRC                    rjfn@freenode.net
                         rjfn@irc.keyboard-monkeys.org

The Community Company

From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 12:44 am

It's an adaptation of an expression, it means don't bother me, go see if I'm

(...)

Frankly, why do you only get rabid like that at people who don't share your
opinion? Why don't you go say that to people who write the opposite of what
I say? They're not lawyers either... are you simply one-sided? Looks like it...

Rui
-- 
This statement is false.
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Marco Peereboom
Date: Thursday, September 13, 2007 - 4:28 pm

Now if you'd advice people with something better than bullshit it might
be worth it.  You have proven time and time again that you have no grasp
whatsoever on copyright law.  You have absolutely no clue and it is my
duty to clarify this to the community.


From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 12:46 am

lol it's always bullshit when it's not convenient to you, right?


-- 
P'tang!
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Siegbert Marschall
Date: Wednesday, September 26, 2007 - 5:22 am

and you are a troll. can you please troll around somewhere else, you
are wasting precious magnetic domains.

eris will not set you free, she will eat you alive.

-sm

From: Paul de Weerd
Date: Thursday, September 13, 2007 - 11:12 pm

On Thu, Sep 13, 2007 at 10:25:44PM +0100, Rui Miguel Silva Seabra wrote:
| > | While it may be seen as distateful to make modifications to
BSD-licensed
| > | code, and place those modifications under the GPL or a similar "share
| > | alike" license, based upon what I understand of copyright law, it's
| > | perfectly legal. Even though BSD-style licenses are compatible with the
| > | GPL, there are perfectly acceptable social goals achieved only by
| > | releasing under the GPL or a similar license.
| >
| > I'd say that it goes against the GPL. Yes, the GPL, not the BSD
| > license (or the ISC license), GPL. Theo already quoted the relevant
| > bits, but I'll quote them again :
| >
| >       For example, if you distribute copies of such a program, whether
| >     gratis or for a fee, you must give the recipients all the rights that
| >     you have.  You must make sure that they, too, receive or can get the
| >     source code.  And you must show them these terms so they know their
| >     rights.
|
| 1. that's in the preamble, which establishes the spirit
| 2. 4 paragraphs below you read:
|
| 	The precise terms and conditions for copying, distribution and
| 	modification follow.
|
| 3. later on you learn the "precise term" which is "under the terms of this
|    License"
|
| So no, you're wrong. Don't bother defending your point of view, it's a
waste
| of time to both of us, more to you who will write it. :)

First you establish a spirit. Then you go on totally ignoring this
spirit in your "precise terms". Exactly why would you establish this
spirit in the first place ?

It's in the license, right ? You say yourself that it establishes
spirit. Why not uphold this spirit ? It goes against *the spirit* of
the GPL, so I would pose that it goes against the GPL and that perhaps
the "precise terms" are misworded, missing the spirit as set forth in
the preamble.

I may be wrong there, but *that* is so utterly, completely and totally
wrong that it is mindbogging why there is ...
From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 12:42 am

You just get so rabid when things don't play like you want it to...
I don't establish *anything*. It's in the preamble.

The spirit of the license is for everyone to have software freedom, not just
those who don't close up the source code. One of the ways it makes it so, is to
force passing on the same rights.

You try to clinge on these expression as trying to validate the absurd notion
that it forces to maintain dual licensing. It's false. If you chose the GNU GPL
as the license, then the rights that must be passed on are those granted by the

The license is not to be read just at your convenience. There's more text, and
it clearly says "the precise terms follow". Don't ignore them when it's more

Of course not, I'm about the freedom of all users to run, study and modify,
as well as distribute (modified or not). Software is not a human being, and
Free Software is merely a tool to empower people.

You don't have any problems with people locking other people out of code, but
when it's to ensure everyone has access, except you because *you* don't want to,
then it's all bad. This is shallow, IMHO.

Fortunately I value OpenBSD because it's Free Software with a lot of technical
merit, and not for words like yours. I even got the company I work at to buy
CD's (sometimes they don't).

To finalise, the FSF has said it doesn't want anything to do with this polemic,
so I don't see the point in adding Richard to the cc except to make a fool of
yourself.


Bye

-- 
Hail Eris!
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Paul de Weerd
Date: Friday, September 14, 2007 - 2:49 am

On Fri, Sep 14, 2007 at 08:42:13AM +0100, Rui Miguel Silva Seabra wrote:
| > | 1. that's in the preamble, which establishes the spirit
| > | 2. 4 paragraphs below you read:
| > |
| > | 	The precise terms and conditions for copying, distribution and
| > | 	modification follow.
| > |
| > | 3. later on you learn the "precise term" which is "under the terms of
this
| > |    License"
| > |
| > | So no, you're wrong. Don't bother defending your point of view, it's a
waste
| > | of time to both of us, more to you who will write it. :)
| >
| > First you establish a spirit. Then you go on totally ignoring this
| > spirit in your "precise terms". Exactly why would you establish this
| > spirit in the first place ?
|
| You just get so rabid when things don't play like you want it to...

Where do I get rabid ? Which things don't play like I want it to ? I'm
not the one claiming you're wrong just because I say you are, I don't
ask you to not waste time replying because it would be senseless of
you to do so, since you're wrong anyway.

| I don't establish *anything*. It's in the preamble.

Your exact words are "that's in the preamble, which establishes the
spirit" (I left them in my reply so you can see for yourself). So the
spirit is established. I can play wordgames just as easily as you,
let's not go that route, OK ?

A spirit is established. Try to stick with the spirit, OK ?

| The spirit of the license is for everyone to have software freedom, not
just
| those who don't close up the source code. One of the ways it makes it so, is
to
| force passing on the same rights.

It suggests to pass on the rights you receive, which is a commendable
suggestion. As a user of BSD-licensed software I am totally in favour
of this suggestion. The BSD license just does not force you to do
this. And indeed, some companies take BSD licensed code and, in full
compliance with the license, dont share their changes. It may not be
the nice thing to do, but they have the right to do so. And ...
From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 3:13 am

The spirit of the GNU GPL is to maintain freedom for all users. If one user
looses freedom, the spirit is broken. So YOU stick with the spirit, OK?

Rui

-- 
Or is it?
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Jeroen Massar
Date: Friday, September 14, 2007 - 3:27 am

And by removing the BSD license you are thus removing freedom.

Did you notice that? That is what has been repeated to you already a
number of times.

Greets,
 Jeroen

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 4:51 am

Please stop and think, you're confusing issues.

Rui

-- 
P'tang!
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Tony Abernethy
Date: Friday, September 14, 2007 - 5:03 am

I stopped and thought.
You are confused.
All your issues are confused.
My insane opinion is much more valid than yours.
Are you Tweedledee or Tweedledum?

From: Tony Abernethy
Date: Friday, September 14, 2007 - 3:31 am

No, according to your last email copncerning the introduction to the GPL,
the purpose is to make people daft and unsorted.

Are you Tweedledee or Tweedledum?

From: Sebastien Carlier
Date: Friday, September 14, 2007 - 4:39 am

Rui,


You don't seem to get the fact that the BSD license is *more free*
than the GPL because the BSD license imposes *fewer requirements*
on distribution.

Do you seriously believe people have to be coerced into being "free"?

-- 
Sebastien

From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 4:24 am

You don't seem to get the fact that I'm not even talking about what's
more or less free (in your definition). The BSD has fewer requirements,
but it allows some users to not have the freedoms you claim to defend.


Can you be a serious person and not divert arguments to totally unrelated
stuff? 10x.

Rui

-- 
You are what you see.
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Tony Abernethy
Date: Friday, September 14, 2007 - 4:52 am

Actually I do get the point that you are not talking about.
In my point of view, the GPL has NOT kept you from being a social failure.

From: Sebastien Carlier
Date: Friday, September 14, 2007 - 5:50 am

More word plays the confuse the dicussion, Eris would be proud of you.

Your point is that the BSD license is a "wrong" because it gives people
too much freedom.  You just stated this again, even more clearly than in

So, you are indeed taking the point of view that there is "good freedom"
and "bad freedom", and that coercion is needed to allow "good freedom"
to prevail.  I am glad you said so since it is totally related to what

See above.  Rinse and repeat.

Also, it apparently didn't dawn on you that I was invoking Godwin's Law.

We agree that we disagree, please could you stop the noise?

-- 
Sebastien

From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 7:58 am

No, I never said the BSD license is wrong, you said that, not me.

What I say is that it doesn't fulfill the goal of preserving freedom for all
users. That is the GPL's goal, and the only restrictions it has aim to prevent

No, again it is you who's saying those horrible things. I never said that.
In my point of view, I don't like to see anyone removing freedom from other
users, hence I grant rights with the condition they aren't removed. I think
that's fair, and not protecting that is a social failure.

Something that has failed is quite different from something that is bad. Many

You're adding noise too. If you are sincere about wanting to end noise don't
reply.

Rui

-- 
Frink!
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: David H. Lynch Jr.
Date: Friday, September 14, 2007 - 1:55 pm

Total freedom without coercion is anarchy.
    By adopting a copyright and a license BSD has rejected anarchy and
    accepted the coercive force of the law. Repeatedly there have been
    cries on this list to force the Linux/GPL developers into complying 
with the BSD License.
    
    The BSD License defines obeying copyright law, complying with the 
license and crediting the
    original authors as acceptable restrictions on one's freedoms.
    Failing to preserve a copyright/license/credit is a BSD example of a 
"Bad Freedom"

    The only distinction between a BSD License and the GPL is the 
author's view of
    which freedoms are good and which are bad. 

   If you are really claiming that BSD Licenses offer "total freedom",
   make's no distinctions between the values of different freedoms,
   and is completely non-coercive then why are BSD developers upset over 
The Atheros HAL ?
   The anger is because more freedom has been taken than your license 
offered.
   
    You can not have total freedom absent coercion, and copyright's and 
licenses.
     They are incompatible.

-- 
Dave Lynch 					  	    DLA Systems
Software Development:  				         Embedded Linux
717.627.3770 	       dhlii@dlasys.net 	  http://www.dlasys.net
fax: 1.253.369.9244 			           Cell: 1.717.587.7774
Over 25 years' experience in platforms, languages, and technologies too numerous to list.

"Any intelligent fool can make things bigger and more complex... It takes a touch of genius - and a lot of courage to move in the opposite direction."
Albert Einstein

From: Sebastien Carlier
Date: Friday, September 14, 2007 - 3:06 pm

I never mentioned "total freedom"; I don't think it could be achieved,
and I didn't mean to imply that it is desirable.

What I wrote above was meant to call attention to the fact that there
are different kinds of freedom motivated by different ethical
principles or political agendas, and that claiming that the less
restrictive BSD license is "a social failure that the GPL aims to end"
is a call for heavier coercion machinery.  Is this really going to end




The point I wanted to make (but apparently failed) is that the GPL
seems to encourage a more authoritarian and fanatical mindset than the
BSD licenses, for which mutual decent regard would seem to suffice in
most cases (perhaps I am a naive here), and which rewards developers

I am not, and there is a world between "total freedom" and armies of
lawyers serving hidden agendas.

The BSD licenses explicitly state which rights are granted and under
what conditions, in a clear and concise way.  It can not possibly be
understood as "totally free", and I am as shocked as you are that some
people think that they are entitled to take the rights granted by a

I feel that the anger is entirely justified; I am sorry that my
message was so unclear that it could be understood as meaning totally
the opposite of what I meant to communicate.

My sole grief against the GPL is its vulnerability to manipulation of

Agreed.  You can have a license that is short enough and clear enough
that lawyers don't need to get involved at every step, that relies
more on mutual respect than on coercion, and that gives users as much
freedom as is fair for the author(s).  I find that the BSD licenses
achieve this, and this is part of why I switched to OpenBSD.  The
unequaled quality of the code and documentation was another strong
motivation, and I expect to contribute code in the near future.

-- 
Sebastien

From: Paul de Weerd
Date: Friday, September 14, 2007 - 5:29 am

On Fri, Sep 14, 2007 at 12:24:25PM +0100, Rui Miguel Silva Seabra wrote:
| > On 2007-09-14 11:13:11, Rui Miguel Silva Seabra wrote:
| > >
| > > The spirit of the GNU GPL is to maintain freedom for all users.
| >
| > You don't seem to get the fact that the BSD license is *more free*
| > than the GPL because the BSD license imposes *fewer requirements*
| > on distribution.
|
| You don't seem to get the fact that I'm not even talking about what's
| more or less free (in your definition). The BSD has fewer requirements,
| but it allows some users to not have the freedoms you claim to defend.

And no, it does not.

What is released under the BSD license is more free (which is not what
you are talking about). But all the users of the code released under
the BSD license have the same freedoms. There's no difference for
'some' users, they're all the same .. even if 'some' users create baby
mulching machines from your code.

I know what argument you are trying to make, but you're not making it.
What is released under a BSD license is free software (in my
definition more free than what is released under the GPL). All users
of said code have the same freedoms (and the same duties : DO NOT
REMOVE THE LICENSE OR COPYRIGHT NOTICE).

| In my point of view, that is a social failure, which the GPL aims to end.

And in my previous e-mail, I tried pointing out that the GPL does very
little to end this. Unfortunately, you decided to not respond to the
arguments I made but in stead you replied with wordgames.

For arguments sake, lets say I've written a program that is of use to
many.

Scenario A, this code is released under the BSD license. You can take
it, improve it and never share your changes with anyone.

Scenario B, this code is released under the GPL license. You can take
it, improve it and never share your changes with anyone.

Where is the difference ? How did you avoid the social failure you
spoke of ?

I'll tell you where the difference is (with an example). You can ...
From: Rui Miguel Silva Seabra
Date: Friday, September 14, 2007 - 8:06 am

I'd love to see how an user who gets a modified binary version has the
freedom to modify it. Go ahead. Prove me that it doesn't allow some users

I think it is clear you don't grasp anything beying mere eyesight. What
about binary derivatives, do users who receive them have the freedom to

There's no blind so bad as that which refuses to see. There's nothing I


No, that's merely all users who receive a copy from you. Not those

Try going one step beyond mere eyesight. The moment a copy is given to
someone else, in each scenario:

Scenario A, a copy can (and frequently is) given without source code.
            the receiver of said copy has lost freedom, allowed by BSD

Scenario B, a copy can (and frequently is) given without source code.
	    the receiver of said copy has lost freedom, but since it is
	    forbidden by the GNU GPL, it is a copyright violation and

Do you really think you are not allowed to charge money for distributin
copies of GPL'ed software? Who do you trust who told it to you? Are you
really that credulous?

Rui


-- 
Wibble.
Today is Boomtime, the 38th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Jack J. Woehr
Date: Friday, September 14, 2007 - 8:19 am

"Fewer words", eh?

-- 
Jack J. Woehr
Director of Development
Absolute Performance, Inc.
jwoehr@absolute-performance.com
303-443-7000 ext. 527

From: Paul de Weerd
Date: Friday, September 14, 2007 - 8:55 am

On Fri, Sep 14, 2007 at 04:06:56PM +0100, Rui Miguel Silva Seabra wrote:
| On Fri, Sep 14, 2007 at 02:29:44PM +0200, Paul de Weerd wrote:
| > On Fri, Sep 14, 2007 at 12:24:25PM +0100, Rui Miguel Silva Seabra wrote:
| > | > On 2007-09-14 11:13:11, Rui Miguel Silva Seabra wrote:
| > | > >
| > | > > The spirit of the GNU GPL is to maintain freedom for all users.
| > | > 
| > | > You don't seem to get the fact that the BSD license is *more free*
| > | > than the GPL because the BSD license imposes *fewer requirements*
| > | > on distribution.
| > | 
| > | You don't seem to get the fact that I'm not even talking about what's
| > | more or less free (in your definition). The BSD has fewer requirements,
| > | but it allows some users to not have the freedoms you claim to defend.
| > 
| > And no, it does not.
| 
| I'd love to see how an user who gets a modified binary version has the
| freedom to modify it. Go ahead. Prove me that it doesn't allow some users
| to loose freedom...

If this modified version is released under the BSD license, it's under
the BSD license and therefor the user has this right. If it's released
under another license (with the copyright notice still intact of
course), it's no longer released under the BSD license so your point
is moot. Software released under the BSD license gives the user
certain rights. Software released under another license may restrict
some of these rights.

| > What is released under the BSD license is more free (which is not what
| > you are talking about). But all the users of the code released under
| > the BSD license have the same freedoms. There's no difference for
| > 'some' users, they're all the same .. even if 'some' users create baby
| > mulching machines from your code.
| 
| I think it is clear you don't grasp anything beying mere eyesight. What
| about binary derivatives, do users who receive them have the freedom to
| modify the program? That's rich!

If the code is released under the BSD license then YES ! Is this ...
From: Greg Thomas
Date: Friday, September 14, 2007 - 10:18 am

Ability and freedom are not synonyms.  I don't understand why you GPL
folks need to change the meanings of words to get your points across.

Greg

-- 
Ticketmaster and Ticketweb suck, but everyone knows that:
http://ticketmastersucks.org

Dethink to survive - Mclusky

From: Daniel Ouellet
Date: Friday, September 14, 2007 - 2:29 pm

You make the point of using BLOB so well, Thank you!

Looking forward to see you fight for documentation freedom and no NDA 
that reduce and eliminate freedom.

But, lets not loose sight that a violation of a copyright was done, and 
as it look from the outside was endorse here.

Richard, I am soooo surprise by your silence as violation of copyright 
are done by a movement you fight so hard to create long ago. I can't say 
what to make of it.

Best,

Daniel

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 4:36 am

I ca't talk for Richard, but I see no "movement" doing such thing, apart from
a few guys, who I should point out that I don't think they really share the
Free Software ideals, in the Linux kernel community did those violations.
And only on some files which were *not* dual licensed.

Rui

-- 
Wibble.
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: J.C. Roberts
Date: Friday, September 14, 2007 - 3:25 pm

Hello again Rui,

Though copyright laws and even more so, reverse engineering laws, vary 
around the world, I'll try to explain to you how things work here in 
the US. Over here, if you own a copy of a program, you can modify it as 
much as you want with the exception of circumventing copyright 
protection mechanisms due the DMCA. Prior to the enactment of the DMCA, 
you could do anything you wanted with your copy of the work.

Though you may see "no reverse engineering" clauses in many commercial 
licenses, they actually are null and void because you have the right to 
modify your copy of the work. Of course, most commercial software 
forbids redistribution, so you cannot redistribute your modified 
version of the work/program, but the only thing stopping you from 
modifying a closed source binary application is your own ability.

In the US, and in many countries, you have the right to modify any work 
to suit your personal needs. It's the law and no license terms can 
remove your right, so it is impossible for an end user to lose freedom.

Though you are right that ordinary people have a responsibility to know 
the law and that lawyers are merely paid experts, you have none the 
less failed in your responsibility. You have obviously never bothering 
to read any of the copyright laws on any nation, or any of the relevant 
case law or findings, or any of the international treaties regarding 
copyrights.

Of course, you are free to have strong feelings about whatever you like, 
and hold opinions based on flawed understanding, but as long as you 
insist on remaining uneducated about the laws, you are failing yourself 
and failing your supposed "duty" to make things clear. Please stop.

jcr

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 4:33 am

You seem uneducated about how powerless someone is without the freedom to
change a program because he has no access to the source code.

You stop.

Rui

-- 
Umlaut Zebra o?=ber alles!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Damien Miller
Date: Saturday, September 15, 2007 - 4:54 am

You seem to be entirely missing the irony of making this statement
in the context of an argument about software _reverse engineered from
a binary blob_.

From: Tony Abernethy
Date: Saturday, September 15, 2007 - 5:25 am

Obviously he's never read machine code ;)

Has the state of the art gone down that badly in the last forty-odd years?
Even I know better, 
and there's people on this list that actually know something.

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 6:48 am

I've written it, and swore never again to do so unless life depends on
it. You have to be extremely skilled and with an excessive ammount of
free time to make an argument based on that defense.

Whilst the first case is a compliment, the second not really (but not an

Yeah sure, like OpenBSD is 100% written in machine code *giggle*

Rui

-- 
Grudnuk demand sustenance!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Tony Abernethy
Date: Saturday, September 15, 2007 - 7:13 am

So you admit you are incompetent.

If you were really competent you would be able to read the blinking lights
and alter running programs via the swwitches.

By the way, there is a difference between reading and writing.

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 9:56 am

This definitly has to be a joke :) You're pulling my leg, mister! ;)


-- 
Frink!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Marco Peereboom
Date: Saturday, September 15, 2007 - 10:45 am

blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah blah blah blah blah blah blah blah blah
blah blah blah blah blah blah

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 6:45 am

You seem to be entirely missing the fact that it requires extraordinary
skill, which used in the defense of your arguments contradicts the freedom
for all you defend, since it's only avialable to a select few, even among
the already scarce select few programmers among the human beings.

Rui

-- 
P'tang!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Damien Miller
Date: Saturday, September 15, 2007 - 3:19 pm

I don't know which of "my arguments" you are talking about in your
pontificating rant, because this is the first time I have ever replied to
you.

Last too.

From: William Boshuck
Date: Saturday, September 15, 2007 - 4:34 pm

The evidence indicates that Rui is not, in fact, a human
being, but the latest (and possibly the most impressive
to date) application of the Dada Engine.

-b

From: Rui Miguel Silva Seabra
Date: Sunday, September 16, 2007 - 4:29 am

I can mail you some biological evidence, if you want ;)

*giggle*

Rui

-- 
Umlaut Zebra o?=ber alles!
Today is Prickle-Prickle, the 40th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Jeroen Massar
Date: Saturday, September 15, 2007 - 4:58 am

Did you read the subject line in the last week? It states something
about Atheros, remember that some very nice chap has reverse engineered
the HAL for the Atheros and then donated that to the Open Source
community under a nice license? Then some people thought it was fun to
simply remove his name, change his license and break his copyright on

That is only because you are uneducated in the art of assembly and more
importantly there in the art of disassembly. That you are powerless
doesn't mean that other people are not.

Greets,
 Jeroen

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 6:43 am

You'll never end trying to search for any far fetched point where you can
be right, as if that would make all past wrong arguments become true.

How funny. So you defend that freedom is only for a select few...

At least you showed some honesty!

-- 
Kallisti!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Tony Abernethy
Date: Saturday, September 15, 2007 - 7:10 am

Your subjunctive is derailed.

Tweedledee is getting tweedledummer and dummer

From: Tony Abernethy
Date: Saturday, September 15, 2007 - 5:11 am

> Good luck doing so without any source code.
Teehee Teehee. No luck required.
It does however take a wee bit of skill and competence.
Actually, for exacting work, the source is a liability.
Presumably you speak from your own experience and your own powerlessness.
If a programmer is competent, the programmer does not need the source and
the programmer does not even need to know the language. Assorted malware is
done without having the source. Very well it seems.

To EASILY change something, the source is needed.
Acutally, the entire build environment is needed.
Just having the source is easily less modifyable than having an operable
binary.

You're way out of your league here, sonny boy.

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 6:40 am

So your defense of that position is that the bar to freedom should be raisable
at will just because some extremely few people can do that?

That's rich. If life was *so* easy like you say, then you don't need specs,
do you? You are so "in" the league that you can just go get ATI/NVIDIA's
binary drivers and write a working one for OpenBSD.

Go ahead! Make all OpenBSD users happy for having a free driver writen
from modification of the binary version to a free one.

ddate really chose an appropriate expression:

-- 
All Hail Discordia!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Marc Espie
Date: Saturday, September 15, 2007 - 6:53 am

Nonsense. It's similar to how powerless non-programmer people feel when
they report a bug and get told to fix it `since they have the source'.

Just because *you* can't reverse-engineer stuff doesn't mean other people 
cannot.

And don't get me started on all the linux code that is full of magic
constants, was written under NDAs, and is about as useful as binary blobs
for the people who do NOT have access to the NDA documentation...
... or the people who don't care that ATI/nvidia doesn't give their 3D specs
as long as they provide binary drivers that work under linux/i386.

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 9:59 am

Most people think it's magic, and most don't understand that it may be as
simple as adding a couple of lines (eg:
http://marc.info/?l=openbsd-misc&m=118232405007254&w=2)

Compare adding that feature in C with adding that feature in machine code and


Yup, very common, unfortunately.

Rui

-- 
Grudnuk demand sustenance!
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Tony Abernethy
Date: Saturday, September 15, 2007 - 10:49 am

> Most people think it's magic, and most don't understand that 
I've always had the impression that OpenBSD is NOT "most people"
They seem to be people who think it's actually worthwhile knowing what they
are talking about.

Seems like most people on this list think that you are incredibly dense and
stupid.
So at least as far as this thread is concerned, you seem to be an oxymoron
(assuming you are that bright;)

From: J.C. Roberts
Date: Saturday, September 15, 2007 - 6:34 pm

Actually Rui, what we have here is a perspective gap. You think of 
things as a typical day-job programmer where your whole world is source 
code. I think of things as a reverse engineer where everything (source, 
executables, hardware) can be inspected, understood and controlled 
exactly as I see fit.

If you had done the least bit of homework about the person you were 
chatting with, you would have realized I am far more educated in the 
field of reverse engineering than most people you might meet. Unlike 
most people, I actually do know what can and cannot be done without 
source code. In fact, my license for the newest and most cutting edge 
tool in the field arrived in my inbox this morning; it's called 
the "Hex-Rays Decompiler" and it's a brand new plugin for the IDA Pro 
Disassembler. As it's name implies, it can build a high level source 
code representation from nothing more than a binary.

I've been involved with reverse engineering on a professional level for 
over a decade, and more than twice that as a hobbyist. For *me* bending 
a binary to my will is not magic, and certainly isn't a big deal. But 
like all code, it does take time and effort. Also, the result of 
modification of a binary can be more fragile than working with source 
simply because there are more ways to get it wrong. But again like all 
code, if you take the time to do it right, there is no problem.

Modifying a binary is certainly not magic and is certainly not 
difficult. Uneducated, snot nosed kids regularly "reverse engineer" 
shareware and successfully disable copyright protection schemes. Search 
the web for the term "crack" and you'll see what I mean. Also you 
should realize the skill set of most of these software protection 
crackers is pathetic at best.

When you get into real reverse engineering, such as reimplementation (or 
recovery), documentation, augmentation, integration, auditing, 
analysis, modeling and similar, the skill level required is 
exponentially increased but it's ...
From: Rui Miguel Silva Seabra
Date: Sunday, September 16, 2007 - 4:56 am

I advise against using it, as it will create an extremely muddy legal
scenario over anything you write related to the code produced by that
decompiler.

I wish it wasn't so, but then I wished there were no proprietary drivers

Even those who resort to insults can hope that from me, I don't dwell in
the past, so you, who've been most polite of all, don't have anything to
worry :)

Rui

-- 
You are what you see.
Today is Prickle-Prickle, the 40th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: RW
Date: Friday, September 14, 2007 - 4:58 pm

Pot, Kettle, Black.

R/

"Write a wise saying and your name will live on forever."  - Anonymous

From: David H. Lynch Jr.
Date: Friday, September 14, 2007 - 1:32 pm

You can sell it in both scenarios.
What you can not do in Scenario B is sell modified versions of someone 
else's code without providing source.

Neither the BSD not GPL licenses do much to limit what you do for your 
own use.
Any individual or business can use the code as they please for their own 
internal purposes.

If your definition of freedom is the permitting others to profit from 
your efforts WITHOUT atleast sharing their efforts with you
Then BSD licenses are more free.

If your definition of Freedom is ensuring that the freedoms you offered 
to everyone you distributed to must be extended to anyone they 
re-distribute to
then the GPL is more free.

Though for the life of me I can not understand why allowing a third 
party to modify your work, refuse to share their modifications with 
anyone and then
resell something that is primarily your work for their profit, is 
somehow more free.

But the whole argument is just stupid. If you create something that is 
copyrighted, as the author you are completely free to decide exactly what
rights beyond those of copyright you wish to extend.

One license is better than the other only to the extent that it better 
reflects the wishes of the author.
As the author you can omit the license entirely - and just include 
Copyright 2007 by Me. That preserves all available freedoms to the
author and entirely prohibits redistribution without permission. 
Actually you can even omit the copyright notice too.


-- 
Dave Lynch 					  	    DLA Systems
Software Development:  				         Embedded Linux
717.627.3770 	       dhlii@dlasys.net 	  http://www.dlasys.net
fax: 1.253.369.9244 			           Cell: 1.717.587.7774
Over 25 years' experience in platforms, languages, and technologies too numerous to list.

"Any intelligent fool can make things bigger and more complex... It takes a touch of genius - and a lot of courage to move in the opposite direction."
Albert Einstein

From: Jeroen Massar
Date: Friday, September 14, 2007 - 5:21 pm

When code is GPL licensed and you sell it (and thus re-distribute it),
you will have to provide the source code, including modifications if
any, by at least providing a way for people to request it and then of
course actually get it. This is what has caught Linksys and a number of
other GPL-code users as they are violating the license.

The only way you are not obliged to provide the source in the case of
GPL is when you are not re-distributing it. Eg when you have a company
of 300k people and you only use the code+patches internally, all is fine
and you can have your souped up gcc compiler or whatever. If another
party (eg a customer) buys the thing though, you have to provide the

Correct. Though the moment you sell, you are re-distributing and then
you will have to ;)


Because it allows those people to actually USE your code in their
products. With GPL it is not an option as they will have to disclose

I can fully agree with that ;) Stripping off the license from another

Don't you just love the Bern convention :)
Though any courtcase where it is not specified might easily be stapled
as 'the copyright was not there so we can't know who owns it'. Thus
wherever possible always tag ones files with a (c) <year> <author> this
is also handy for determining prior art etc.

Greets,
 Jeroen

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

From: Richard Stallman
Date: Friday, September 14, 2007 - 7:09 pm

Please omit me from the cc list on these messages.

From: Marco Peereboom
Date: Saturday, September 15, 2007 - 10:40 am

Great attitude!  As the main spokesperson for GNU this is exactly what
you should do.  Run run run!!

You are in essence saying: go ahead break the law, I'll look the other
way.  Bravo!  I am totally impressed by your ethics ramblings.


From: Siju George
Date: Monday, September 17, 2007 - 4:48 am

Are you joking?
Where is you stand on ethics and freedom of software now?

Are you just another politician with great swelling words of emptiness?

I did sent a mail to misc@ and if you have not seen it here is an excerpt below.

I really pity your followers who have a leader who remains dumb and
cannot bark when he sees the theif!!! And you claim to guard freedom
of software!!!
Isn't this pure mockery???

Apart from your words and all the philosophy masala you spew out what
is your stand when it comes to a real issue like this?

==================================================================

1) Richard Stallman who presented an award publically to Theo for "his
selfless commitment to Free Software " has so far said nothing about
this incident.

Stallman presented an award to Theo in Public.
For what?
This is an issue Theo has been speaking in public for a long time now.
And I think Stalman has a moral responsibility to say either the Linux
Developers are right and Theo is wrong or vice versa.
If Theo is right then Stallman has the moral responsibility to aid him
to fight against the viloations. Or else I think the award giving and
stuff like that is just a farce.

His Silence in this matter is "Marvelous" given th fact that he does
demonstrations against companies for the cause of Freedom and Justice
etc.

2) Linus cannot tolerate including the BSD Licenced Software in his
kernel as said by some of his own kernel developers. Can he accept
them once the BSD Licence clause is Just removed? There might be a
reason for the first. But He has a moral responsibility to speak about
this matter too. He has to say either his developers are right nd he
endorse their actions or that his developers made a mistake and they
should back out.

His silence on this issue is also marvelous.

Alan cox has made clear his stand that what the Linux Developers have
done is perfectly legal, if not moral or ethical.

I just wonder if this silence is because they want to have the ...
From: Richard Stallman
Date: Monday, September 17, 2007 - 3:24 pm

The only thing I know about this "incident" is that OpenBSD developers
are angry at someone I don't know, over events whose details I don't
know.

If they had approached me in a friendly way, asking me to look at the
issue and formulate an opinion, as a favor or for the good of the
community, I would have investigated at least to find out what my
opinion should be.  Instead, however, they approached me with rage,
trying to blame the FSF for whatever happened.  I don't have to take
that, and I don't have to cater to them.

From: Jack J. Woehr
Date: Monday, September 17, 2007 - 3:46 pm

It's more disturbing to me at 55 than it was at 35 that the free  
software - open
source community is prone to fits of sectarian (verbal) violence.  
I've grown up in
the past twenty years. I hope somebody else in this crowd has!!!

-- 
Jack J. Woehr
Director of Development
Absolute Performance, Inc.
jwoehr@absolute-performance.com
303-443-7000 ext. 527

From: Siegbert Marschall
Date: Wednesday, September 26, 2007 - 5:32 am

ROTFL. I almost wetted my keyboard with the remains in the bottle of

Exactly. That's freedom. Being able to choose, even to choose to abandon
freedom. Freedom of choice.

Keep on writing I am beginning to enjoy the show, you are getting better
at playing the clown Rui.

-sm

From: Gilles Chehade
Date: Tuesday, September 25, 2007 - 11:42 pm

Please, don't encourage him :(

Gilles

From: ttw+bsd
Date: Wednesday, September 26, 2007 - 5:56 am

> but it allows some users to not have the freedoms you claim to defend.

think you'll struggle to find people here who claim to defend freedom.
personally, i'm a believer and practitioner, i  leave the "defending"
to the mis-guided and the hypocrites.

From: Shawn K. Quinn
Date: Friday, September 14, 2007 - 11:02 pm

If you call the power to handcuff users to your customized code based on
a BSD-licensed original an additional "freedom", then you're right, and
you should be working for Microsoft, Apple, or some other company that
makes their profits by putting walls between computer users.

I don't call that a freedom. That's no more a right than the right to
keep another human being as a slave. We (in the US) got rid of that
particular broken system over a century ago, and for good reason.

-- 
Shawn K. Quinn <skquinn@speakeasy.net>

From: Greg Thomas
Date: Friday, September 14, 2007 - 10:09 am

Hahahahahahahahahaha, how can you not see the IRONY AND HYPOCRISY in
that statement?  Damn, dude, what reality do you live in?  You are a
joker.

Greg
-- 
Ticketmaster and Ticketweb suck, but everyone knows that:
http://ticketmastersucks.org

Dethink to survive - Mclusky

From: Rui Miguel Silva Seabra
Date: Saturday, September 15, 2007 - 4:30 am

Apparently you can't but resort to insults, surely you jest?

Rui

-- 
Wibble.
Today is Pungenday, the 39th day of Bureaucracy in the YOLD 3173
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

From: Jeremy C. Reed
Date: Thursday, September 13, 2007 - 2:41 pm

At least at one time (and maybe still today), his goal was to destroy 
programmer's livelihoods.

I have the printed, comb-binded, March 1987 Sixth Edition, version 18 of 
the GNU Emacs Manual. It includes the 1985/1986 version of the GNU 
Manifesto which says on page 244:

    If programmers deserve to be rewarded for creating innovative
    programs, by the same token they deserve to be punished if they
    restrict the use of these programs.

The use of GPL itself is known to be restrictive to many. There are many 
documented examples of this.

(Should programmers using GPL be "punished"?? :)

Is there any legitimate example of OpenBSD's preferred license being 
restrictive to anyone? (I really am curious about this.)

From: bofh
Date: Thursday, September 13, 2007 - 3:14 pm

I think this is going out of context to the original issue, and only
serves to muddy things up.  Please go to the appropriate place to
discuss licensing.

-Tai
-- 
"This officer's men seem to follow him merely out of idle curiosity."
-- Sandhurst officer cadet evaluation.

From: Nick Holland
Date: Thursday, September 13, 2007 - 9:30 pm

Then why don't they fight it?
Why isn't Stallman or Torvalds or other prominents standing up and
saying, "This is wrong!  This is not what we are about!"

Sure, there is no way they can get involved in every little issue that
comes up, but the GNU and FSF are all about their license they are very
proud of and defend strongly.  I'd expect something out of 'em on this,
as the morality, ethics -- and yes, the law -- are so clear, and their
casual indifference towards another license is too likely to end up
blowing up on 'em in the future.

(my first response was going to be, "this isn't about the official

Of the PROGRAMMERS, sure.  Duh.  Thats' why they do it.  Pretty much
by definition, people who give stuff away are..uh..givers. :)  If
that's what you mean by the "free software movement", fine.

However, most of the people using the word "community" include the vast
number of users.  I'm talking about the takers.  Those who leach without
ever giving back.  I think if I count the number of people posting
horribly offensive "You should do it MY way, and cater to MY needs
because I want you to" messages to misc@ to those that actually
contribute code (or any other kind of support) to the OpenBSD project,
you would see you are wrong.

Note: I'm not talking about people asking questions, even dumb or un-
researched question.  I'm talking about those who say we are doing
something "wrong" who've never attempted to do better.  The people
who say "OpenBSD would be more popular if <stupid advice here>".  The
people who post politely worded but ever-so-offensive messages that
make developers say to themselves, "Why do I do this?  Certainly not

I'm not talking about Richard Stallman, I'm talking about the people
who quote him and chant his words, then live very contrary to them.

I.e., not words of the prophet, but the actions of the "followers".
People wrap themselves in pretty words, then go out and screw each
other when it is convenient.


are you implying that the GPL & FSF ...
From: Craig Skinner
Date: Friday, September 14, 2007 - 1:05 am

_VERY_GOOD_QUESTION_

Sometimes silence is golden.

Other times its just plain yellow.

(For those that have English as a 2nd language; "The color yellow has 
traditionally been associated with cowardice, treachery, inconstancy and 
jealousy." http://www.straightdope.com/mailbag/myellowbellied.html)

From: Siju George
Date: Friday, September 14, 2007 - 6:25 am

I started using computers on DOS, then MS Windows, then moved on to
Linux, then FreeBSD and then OpenBSD.

I have never hated any community and I am quite thankful for what ever
education and help I have received from them all.

I don't know much about Stallman ( didn't care to study too ) except
that he stands for some definition of freedom and he awarded Theo a
while back with an award from his foundation.

I don't know much about Linus either except that he wrote and
maintains the Linux Kernel and for some reason he would not allow BSD
code into it which puts some of the Linux Kernel developers in a big
difficulty. The difficulty is that what ever good code which can be
legally used by them cannot be used if it has a BSD Licence just
because Linus doesn't like it. And that these developers very much
want to use these BSD code that they persistently try to contact the
authors of these BSD code and ask them to dual Licence it. I just
wonder if they want to use this code so badly why do't they just
cotact Linus and ask him to change his position. It is better to
contact one person and talk to him rather than go behind all the
various developers of the BSD code.

Now I realize that having failed to convince Linus or the BSD
developers some Linux developers who wants to use the BSD Code have
just removed the BSD Licence so it will be OK with Linus and hired a
bunch of lawyers to some how justify their action in court thinking
that the BSD developers will not bother to spend large sums of money
and fight in court.

What is amazing to me in this regard are these two things?

1) Richard Stallman who presented an award publically to Theo for "his
selfless commitment to Free Software " has so far said nothing about
this incident.

Stallman presented an award to Theo in Public.
For what?
This is an issue Theo has been speaking in public for a long time now.
And I think Stalman has a moral responsibility to say either the Linux
Developers are right and Theo is wrong or vice ...
From: Shawn K. Quinn
Date: Friday, September 14, 2007 - 11:25 pm

A lot of big companies simply don't care. If there exists code they can
use without having to hire programmers, and without having to share
their modifications to the rest of the community, great. (And it still
amazes me that at least some big companies treat having to share under
the same conditions which let them get the code to begin with, to be

I'm sure they'd love to do it! Large companies like Microsoft *love* BSD
code. They can grab it, and at most, they have to give credit to the
developers in their advertisements and put the standard "AS IS" blurb in

I'm not saying the arbitrary removal of the original license from code
is wrong. I *am*, however, very much against the inexcusable slander of
the GNU project based on the views of a few (unfortunately)

I never said this. If this is what you believe, state it as your own.

-- 
Shawn K. Quinn <skquinn@speakeasy.net>

From: steve szmidt
Date: Thursday, September 13, 2007 - 1:07 pm

Except he took most of it from Sam Leffler who said it is OK to license under 
the GPL. So while it's good to see you defending your code, it was not 
entirely yours to start with.

Thus you see all the "horrible" GPL community "rip" you off. 

-- 

Steve Szmidt

"They that would give up essential liberty for temporary safety 
deserve neither liberty nor safety."
                                Benjamin Franklin

From: Theo de Raadt
Date: Thursday, September 13, 2007 - 1:19 pm

Reyk's work (the replacement HAL) is in seperate files -- it is a
seperately copyrighted work.

Stop trolling and learn the how the law works.

From: Daniel Ouellet
Date: Thursday, September 13, 2007 - 2:33 pm

I have been very quiet on this for weeks now, but this really start to 
piss me off at the highest level!

The bottom line is original work was stolen and copyrights are not 
respected period!

Dance as much as you want around it, hide behind lawyers, word 
definition twisted, false pretend, what not! The facts remains. Any half 
brain, even with a lobotomy on top of that can get that! Even a monkey 
knows when you give him a banana and when he steal it! I guess this 
gives us a reference point here to compare it to.

This really make me loose any kind of respect what so ever for the FSF, 
SFLC, GNU and what I will have to call now the Evil GPL side all 
together. It never been my favorite choice, but I respected it before 
and understood why someone would pick that license, now, more and more 
not only do I dislike it, lost respect for it's use and now start to 
hate it badly too. Where will it stop! I for now now know for sure. I 
will never release anything under GPL EVER!!! Or even promote it's use. 
I see no good from it and no good intentions either from it's defenders 
anymore.

Look to me they are pretending to protect against the evil Micro$oft 
empire and others, but look to me big time now that even Micro$oft is 
the nice guy here.

Even Solaris and Sun finally start to see the light and come slowly on 
the right side. At a minimum, the evil Micro$oft like GPL clan likes to 
call them, respect the copyrights and you can see it in in their code!

This piss me off so bad now that you can count me in as a partial 
funding source should Reyk decide to get his rights corrected and to put 
back the open source community where it should be.

Working together for the greater good, not against one an other for the 
benefit of the corporation. I am sure for once they are enjoying this 
very much, and make no mistakes about it. The corporation have a lots 
more to gain to see this going down the tube, so I would see very much 
that they would be interested to finance such ...
From: Craig Skinner
Date: Friday, September 14, 2007 - 1:05 am

Off topic, but there's a thought......

From: Bob Beck
Date: Friday, September 14, 2007 - 7:14 am

Or maybe they wish to screw up both the BSD license and works
licensed under the the GPL (v2) as linux uses it - so they can push
forward the GPL v3 - which Linus doesn't like and won't distribute
linux under. 

	Let's not forget who the SFLC really is. They are an FSF spinoff.
I'd love to belive they are who they say they are - an unbiased
champion of free software of all types. But when one of the primary
people involved in it is the author of the GPL version 3, and they
start acting in ways like this that seem to be giving the people they
are supposed to be advising very bad advice, I can't help but think
there might be a hidden agenda there. 

	I mean, what better way to promote a complex, vague legal
document like the GPL v3 than creating acrimony between users of
both the established and relatively simple licensing methods and 
then stepping up and saying "see see, we're lawyers, and this complex
legal document is the way to fix it - put this on your code - you
don't need to understand the implications or details, we say it's
better, we're lawyers"

	Doesn't this simply sound like making free software developers
and users lose their freedoms and work they've authored? Who wins? 
probably the people who want to sell legal advice to people about
complying with the GPL. I guess it's great if you're a lawyer.

	-Bob

From: Bob Beck
Date: Friday, September 14, 2007 - 7:26 am

And before you think this is too far fetched - consider that the
GPL v3, unlike the others, drags patent stuff into the muck. Whether or
not you believe in this - because it's there means a lot more work for
lawyers with any company that uses this code and has patents. 

	If I were a lawyer I would see more use of the GPL v3 as being a
definate bull market for my services.  As opposed to something like the
BSD and isc licenses which are simple and based in copyright laws that
are more or less recognized internationally.

	Go look at an ISC/BSD license. then read the GPL v2, Then read the
GPL v3 - which one do you think is going to make companies buy more
lawyer time?  If you were a lawyer which one would you rather have a buch
of naiive computer geeks slapping all over code that later on companies
want to work with?

	-Bob

From: steve szmidt
Date: Thursday, September 13, 2007 - 3:27 pm

OK, I see that Reyk wrote it after Sam would not release it. I see that Sam 
seemed happy to dual license it. Though it looks clear that Jiri Slaby was 
wrong in stripping the license, which subsequently was not accepted by any 
repository.

This action does not however represent the "GPL community" from what I can 
see. Stealing work from one or the other has not been evident other than some 
people being confused as to what came from where. Which is the chicken and 
which is the egg kind of thing.

It is generalities which has bunches of people up in arms which of course 
happens when there is not enough specificity. It is pretty safe to say that 
most people are honest, but where misunderstanding can occur, it will.


-- 

Steve Szmidt

"They that would give up essential liberty for temporary safety 
deserve neither liberty nor safety."
                                Benjamin Franklin

From: Claudio Jeker
Date: Thursday, September 13, 2007 - 1:26 pm

You are so wrong that it is not even funny anymore. Reyk's OpenHAL code was
completely reverse engeneered because Sam Leffler's HAL code was closed
source. So how can it be based on his code if it is not available?


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