GPLv2 or, at your option, any later version [LWN.net]

GPLv2 or, at your option, any later version

Posted Oct 13, 2006 2:13 UTC (Fri) by sepreece (subscriber, #19270)
In reply to: GPLv2 or, at your option, any later version by malor
Parent article: Busy busy busybox

You describe it as "stealing" when a manufacturer uses your code in a device, but doesn't give you the right to modify it in the device. How is that any more "stealing" than, for instance, using it inside a company, embedding it in a device you can't afford or just don't want, or putting it in a device in ROM so that it can't be modified?

If you choose to consider it unfair, that's a choice that I think you should be free to make, but it's no more "stealing" than unauthorized copying of content is "stealing" or "piracy".

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GPLv2 or, at your option, any later version

Posted Oct 13, 2006 19:21 UTC (Fri) by malor (subscriber, #2973) [Link]

Of course I describe it as stealing. The whole point of copyleft/GPLv2 is that the original author of the code maintains full rights, but gives up some of those rights voluntarily. In exchange, all other users of the code cannot reserve more rights for themselves than people they give it to.

That's really it. That's the contract. If you write Neato Program A, and kindly give it away under the GPL, I can build on that and make it into Neato Program B. But I can't distribute it in such a way that my downstream users can't add on to make it Neato Program C. And none of us can distribute it in such a way that YOU can't take our changes, incorporate all of them into Super Neato Program D, and then freely distribute that as well.

If I, as a device manufacturer, want to make a non-modifiable device that I can't change, I can use GPL code to do that. But I can't reserve rights for myself that my end-users don't have. If I can modify the device, they must be able to also.

Tivo, in other words, is stealing code. They are taking the kernel code and releasing a locked device with it; they are using GPLed code with a hardware addition to reserve rights for themselves that their end users don't have. If they want to release a locked device, that's fine, but then they can't piggyback on the work of thousands of volunteers. They have to create the device themselves, with their own code, or buy it from someone that has the right to release it under a non-GPL license.

If you argue to the contrary, you're in favor of giving hardware manufacturers special powers to enslave those who write software. You're relegating the software guys to second-class citizenship.

GPLv2 or, at your option, any later version

Posted Oct 14, 2006 20:22 UTC (Sat) by sepreece (subscriber, #19270) [Link]

As you must know, if you've been paying any attention to this issue, many key kernel developers, among others, disagree with you that this is even unfair, let alone illegal. Note also that the manufacturers, in your example, are NOT witholding the code, only the right to modify the device by installing new software. Note also that they generally do NOT retain the right to modify the software in the device, since they generally no longer have access to the device. The only way they can install modified software is if you let them, either by asking them to ("run iPod updater") or by subscribing to a service that may load new firmware (like Tivo service). Since they are then acting as the owner's agent, I'm not sure there's really an issue here at all...

Referring to it as "stealing", in any case, is just wrong. Copyright infringement is not theft, regardless of what the RIAA and MPAA would have you believe.

GPLv2 or, at your option, any later version

Posted Oct 14, 2006 22:51 UTC (Sat) by malor (subscriber, #2973) [Link]

Yes, I realize that key kernel developers don't like this. However, in watching their verbal gyrations on the issue, I have come to the belief that this is not because of any particular ideal of free software. Rather, it appears to be because the GPLv3 will slow the adoption of their pet project and, thus, the spreading of their fame and future employability.

The whole point of the GPL is that I can't use your code, distribute it to others, and keep rights to myself that I don't give to my end users. If I load it onto a device, but retain the right to modify software in the device, they must also have that right. And your assertion that I can only install modified software with their permission is incorrect. The fact that most manufacturers have been polite and done so, does not mean that they are required to. If I'm the manufacturer of a Tivo-esque device, I do not have to ask for any permission from anyone to update 'my' device.

And no, calling it stealing isn't wrong. Copyright infringement is not theft, because the producer of music/movies/whatever isn't deprived of anything, except possibly a potential sale. But in the case of software, part of the original agreement is to allow end users (including the original author of the code) full rights to any distribution of that code.

Distributing it in a locked hardware device does indeed deprive the original developer of something, the ability to use the device in the way he or she wants. 'Stealing' is perfectly appropriate; they have taken something from you and not fulfilled their primary responsiblity, which is to give end users the exact rights that they have. You have a clear and demonstrable loss.

If the FSF bends to the pressure of the loud kernel devs, they are trading away the future of their entire movement for a little near-term success for one project. They permanently relegate software developers to second-class citizenship behind hardware manufacturers.

I think they know that, and I hope they will refuse to bend on this issue.