It was recently proposed on the misc OpenBSD mailing list that support for the Network Time Protocol (NTP) should be added to the "base" package. Ken Lalonde suggested, "Maintaining accurate time is critical on firewalls, or any secure application. OpenBSD should support this out of the box." OpenBSD Founder Theo de Raadt [interview] quickly replied, "We cannot. The code is not free enough."
The OpenBSD project is known for strictly enforcing its policy that OpenBSD remain completely free. The specific clause in the NTP license preventing it from future inclusion reads, "Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all". Theo explains the problem:
"This is a misplaced modifier that has a 2nd meaning -- that it cannot be sold. I've talked to lawyers. It's a real problem, and they say they won't fix it."
NTP support was actually removed from the kernel prior to the release of OpenBSD 3.2, however as an oversight, even the current OpenBSD 3.3 [story] release still includes the source for ntp on the CD in the ports directory. Theo explained that due to this license incompatibility, NTP will no longer be included on future CDs (though it can still be distributed via FTP, as there is no charge for this service). The OpenBSD CD does include rdate, which allows one to synchronize with an SNTP/NTP server.
From: Ken Lalonde To: misc AT openbsd.org Subject: NTP considered basic Date: Wed, 14 May 2003 13:02:45 -0400 (EDT) I'd like to encourage the OpenBSD developers to move NTP support into the "base" package. Maintaining accurate time is critical on firewalls, or any secure application. OpenBSD should support this out of the box. That said, let me add a note of thanks: I've been using and hacking around Unix for 23 years now, and just did my first OpenBSD install last week. Man, what a breath of fresh air. Thank you for a beautiful piece of engineering. From: Theo de Raadt Subject: Re: NTP considered basic Date: Wed, 14 May 2003 11:13:34 -0600 > I'd like to encourage the OpenBSD developers to move > NTP support into the "base" package. We cannot. The code is not free enough.
From: Rick J. Andrews Subject: Re: NTP considered basic Date: Wed, 14 May 2003 13:35:48 -0700 > Theo de Raadt Wednesday, May 14, 2003 10:14 AM > > I'd like to encourage the OpenBSD developers to move > > NTP support into the "base" package. > > We cannot. The code is not free enough. I'm curious if you could be more specific here, because at first glance it seems the NTP copyright is at even less restrictive than the berkeley copyright (i.e. it does not require mention in advertising as bsd's does). I copy the entirety below. Rick *********************************************************************** * * * Copyright (c) David L. Mills 1992-2003 * * * * Permission to use, copy, modify, and distribute this software and * * its documentation for any purpose and without fee is hereby * * granted, provided that the above copyright notice appears in all * * copies and that both the copyright notice and this permission * * notice appear in supporting documentation, and that the name * * University of Delaware not be used in advertising or publicity * * pertaining to distribution of the software without specific, * * written prior permission. The University of Delaware makes no * * representations about the suitability this software for any * * purpose. It is provided "as is" without express or implied * * warranty. * * * ***********************************************************************
From: Theo de Raadt Subject: Re: NTP considered basic Date: Wed, 14 May 2003 14:45:08 -0600 * Permission to use, copy, modify, and distribute this software and * * its documentation for any purpose and without fee is hereby * * granted, provided that the above copyright notice appears in all * this is a misplaced modifier that has a 2nd meaning -- that it cannot be sold. i've talked to lawyers. it's a real problem, and they say they won't fix it. sorry.
From: Hugo Villeneuve Subject: Re: NTP considered basic Date: Wed, 14 May 2003 23:43:30 -0400 I don't understand then why it's ok to put it on the CDs as packages. -- Hugo Villeneuve http://EINTR.net/
From: Theo de Raadt Subject: ntp Date: Wed, 14 May 2003 21:57:35 -0600 ntp was included on the CDs in error. It will never be on future CDs -- because of the misplaced modifier in the license. If you have a problem with this, contact the author of it, as we did back during Boston Hackathon 2 years ago... That gives us more room, for something else which is free.
From: Henning Brauer Subject: Re: NTP considered basic Date: Wed, 14 May 2003 13:22:13 -0600 On Wed, May 14, 2003 at 01:02:45PM -0400, Ken Lalonde wrote: > I'd like to encourage the OpenBSD developers to move > NTP support into the "base" package. > Maintaining accurate time is critical on firewalls, or > any secure application. OpenBSD should support this out of the box. it does. run rdate -ncav ntp.wherever.net periodically from cron and you're done. -- http://2suck.net/hhwl.html - http://www.bsws.de/ Unix is very simple, but it takes a genius to understand the simplicity. (Dennis Ritchie)
From: Thorsten Glaser Subject: Re: NTP considered basic Date: Wed, 14 May 2003 20:14:01 +0000 (UTC) begin electrogrammati illius Henning Brauer >it does. run rdate -ncav ntp.wherever.net periodically from cron and >you're done. And don't forget to set the time zone correctly. Assuming Henning's example, (in the hope to not offend you, Henning, if you use UTC like me), he has used # ln -sf /usr/share/zoneinfo/Europe/Berlin /etc/localtime before, with ntpdate. Since he uses the -c (correct leap seconds) parametre to rdate, he will have to use # ln -sf /usr/share/zoneinfo/right/Europe/Berlin /etc/localtime instead, else his clock will be off by (currently) 22 seconds. This is even a FAQ. Note: if you don't {want to} use -c and right/ zonefiles, but rather no -c and posix/ zonefiles, you will be unable to cor- rectly calculate time _spans_ in any programme, i.e. "how old, in seconds, is person $foo". //Thorsten -- Willst Du wegen dummer User immer 'Ja, ich will' nach einem rm an /dev/tty eingeben müssen? -- Bodo Eggert in de.alt.sysadmin.recovery
What misplaced modifier?
Sorry, but I just don't get the erroneous meaning here.
* Permission to use, copy, modify, and distribute this software and
* its documentation for any purpose and without fee is hereby
* granted, provided that the above copyright notice appears in all
* copies and that both the copyright notice and this permission
* notice appear in supporting documentation, and that the name
* University of Delaware not be used in advertising or publicity
* pertaining to distribution of the software without specific,
* written prior permission.
Suppose I sold NTP with the copyright notice ("Copyright (c) David L. Mills 1992-2003"), where specifically would I violate the NTP license?
--- Vladimir
P.S. Just in case there is confusion, I am a native speaker of English, and both my parents spoke English as their primary language.
Re: What misplaced modifier?
* Permission to use, copy, modify, and distribute this software and
* its documentation for any purpose and without fee is hereby
* granted, ...
HTH,
(neither i am, nor my parents are native english speakers :)
"without fee"
You violate the "without fee" element of the license.
Mills owns the copyright. You cannot distribute his code without his permission. He grants permission if you:
1) include his copyright notice
AND
2) include his permission notice
AND
3) charge no fee
AND
4) don't use the name of the University of Delaware without written, prior permission
Neither the BSD nor GPL licenses prevent anyone from charging a fee for code under those licenses. The NTP license does.
The fact that the BSD, GPL, and similar licenses allow anyone to redistribute may make the code widely available without fee, but that merely makes charging a fee impractical, not illegal.
Re: "without fee"
OK, got it.
--- Vladimir
Debian's interpretation
Interestingly, the Debian project has decided to interpret that wording differently. This post to debian-legal appears to represent their consenus on the issue.
Unfortunate that the copyright holder will not clarify the license. Even if he really means "you must not charge for this software", he should say so more clearly.
I hope debian-legal people are right
The comment below (from debian-legal) may be quite unrealistic, words can be interpreted in many ways...
I think they walk a very thin
I think they walk a very thin line, "hoping" that it will never be
mis-interpreted. Everyone can see that it is ambigous (sp?) so why
take a chance? It's not like Debian use to hope noone realized old
netscape wasn't opensource or such. I think Theo does the right thing
here. If the author wont explain/change and lawyers say it might be
wrongly interpreted in court, then gone it is.
Going to court is not about "I know I can make them understand", you
already have lost when you are summoned to court.
At that point, you've just bought a lottery ticket that perhaps lets
you get away with your own legal costs, or a decision from the court
that says you have to pay some awful fine, plus your legal costs.
But you still have a lose/lose-situation.
Better to check the free alternatives, and perhaps write a better one
while using rdate or whatever. Or directing people to use ftp.
I wish more people would stand up if they believe in licenses than now,
where half of the crowds seems to think Theo is weird for actually
reading the license and deciding if it matches his goals or not.
Do we not all want our licenses be read and acted correctly upon?
Regardless if it is standard BSDL/GPL/FOO-L or our own (send me a postcard-whatever)
licenses?
OpenNTP?
Does this mean we will be seeing a secure, robust, alternate implementation of NTP? The OpenBSD group seems to have followed a trend here. And this is a good one, IMHO. The more alternative implementations there are for a service, the better.
-MYG
Yes
Yes, it's being made now.
Theo should just go GPL
He's always tilting at windmills. If he wants to write his own software, he should just do it. If he wants to convince the world to write software for him, he should make OpenBSD GPL. The whole point about the BSD license is that anyone can use it for anything. If no one has any obligation to Theo, he can't bend them to his will. Get used to it Theo -- you have no power.
Re: Theo should just go GPL
What on earth are you talking about? This has nothing to do with OpenBSD. The problem is that NTP's license is ambiguous as to how free NTP is. This is in a legal sense, or course. Most people have the sense to see what the license is stating. However many lawsuits are fought over the precise interpretation of a word or sentence.
Theo isn't trying to bend anyone to his will. He's just sticking to his principles. The license was legally ambiguous and he asked the author if he would clarify it. The author refused so Theo erred on the side of caution and decided to not distribute the software. Nothing is stopping anyone from downloading NTP and compiling and installing it themselves.
Theo and GPL
Theo tries to strongarm people into his own worldview and attempts to use OpenBSD as the lever. There are many examples, especially ipf. By excluding ipf, he got pf which may be arguably better. However, the other side of that dispute was that he hoped to harm ipf or convince Darren to change the license. In that, Theo failed. Many developers have left OpenBSD due to its poor management. The current leader in terms of addition of important new features (ACPI, SMP, Bluetooth, Firewire) is NetBSD with FreeBSD close behind. OpenBSD is far behind.
At least the GPL is honest in that it is always an attempt to force people to open their code. Theo won't admit it.
Many developers have left
Many developers have left OpenBSD due to its poor management.
Equally, many developers stay due to its extremely strong management. It's a breath of fresh air to work in a no-BS environment.
and what did you expect him t
and what did you expect him to do? darren moved to a less-than free license which goes against openbsd's goals, so he dropped it. what's the issue? he didn't want darren to change the license, he just replaced the packet filter.
theo is not forcing anyone to open up their code. but you can't force him to add code which is not open into his os.
regarding new features, it seems that propolice, pf enhancements, privilege-separated xfree, removal of dangerous string functions from the base installation code, and fewer and fewer suid programs, just to name a few, are not features to you. whatever...
and the gpl is not free enough.
oops, wrong link. should be
oops, wrong link. should be this one.
That is stupidest thing I hav
That is stupidest thing I have ever read. I feel dumber now.
Theo is *very* open in that code that's going to go into base is free free. Sure, we don't have things like VRRP or NTP, but that's the price we pay. Look at the saga they're having with Sun wrt to the US3 docs. David Miller happily signed an NDA w/Sun and got the docs. That's unacceptable for OpenBSD and goes against one of their fundamental goals.
Linux has it's own problems to do with right not wrt code that might be in the kernel that shouldn't be there. This would never happen in OpenBSD. Although OpenBSD has a working VRRP implementation, you'll never see it until Cisco relaxes the patent and makes it free for all for any use. OpenBSD avoids legal problems by not including it.
Darren is a self-serving, babbling dink. Theo didn't hope to harm him ... Darren does it enough himself (look into the spat he had w/henning@ and what happened to henning@ and the ipf list).