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Possible routes to kernel on GPLv3

Possible routes to kernel on GPLv3

Posted Jan 27, 2007 2:10 UTC (Sat) by b3timmons (guest, #40286)
In reply to: Possible routes to kernel on GPLv3 by sbergman27
Parent article: GPL 3: An Open-Source Earthquake? (CRN)

The v3 drafting process includes both a Committee D which anyone can join and a commenting system upon the current draft. The archive for D's mailing list shows that Eben Moglen himself has responded to some of the emails from members of the public who joined the committee.

I may expect a reply to my post in any public forum or mailing list, but I am certainly entitled to nothing. OTOH, no reply does not imply that my comments are ignored.

Unless there an error in the above facts, I cannot see how people feel that the drafting process is in any way not open. What am I missing?


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Possible routes to kernel on GPLv3

Posted Jan 27, 2007 18:25 UTC (Sat) by bronson (subscriber, #4806) [Link]

Committee D is a ghetto The last discussion appears to be 28th March. Looking over the minutes I feel that D must be a committee in the worst sense of the word: a lot of non-authoritative people describing what they're working on and not producing a single thing other than me-too blog posts. The word "TPS Report" comes to mind...

James Blackwell's "how GPLv3 fights DRM" or Don Armstrong's "DRM and Authentication" look particularly interesting to me. Alas, I can't find anything either on gplv3.fsf.org or via google.

Since nothing has happened since March 2006, if at all, I hope you understand why I feel disinclined to participate in committee D.

Here's a crazy suggestion: open up the discussion. Maybe some mailing list archives, a forum, a regularly updated blog? This stuff is trivial; it takes all of 1/2 hour to set up. It sure would help; right now, gplv3.fsf.org looks totally abandoned.

And why have secret police committees? I would really like to know what the GPLv3 drafters thought of the Kernel document. Since gplv3.fsf.org doesn't even acknowledge that the kernel guys exist, what can I do? File a Freedom of Information Act subpoena??

Just imagine if the FSF wrote software using this process! The whole gplv3.fsf.org process demonstrates the very definition of "not open."

Don't get me wrong; I can't wait until we have an updated GPL so the Microsoft-Novell hole can be plugged. I just wish the current draft were so encumbered with phantom issues. At this rate, it will take 4 more years to release and, when it finally does get shoved out the door, it will be identical to draft 1 of almost a year ago. Not good.

Possible routes to kernel on GPLv3

Posted Jan 27, 2007 20:46 UTC (Sat) by bronson (subscriber, #4806) [Link]

I realize I worded my previous post little ranty (shouldn't write before morning coffee).

Here's what I was trying to say:

- I have no interest in becoming part of a committee that has no charter and no direction. Committees need definite, achievable goals to pursue.

- gplv3.fsf.org appears to be abandoned. The last publicly-visible updates were from Q3 of last year.

- There has been no action whatsoever on the gplv3 in the last six months. The 27 July draft is still the most recent.

- There's basically no readable discussion to be found on gplv3.fsf.org (the "Comments" page has become impenetrable).

- There has been tons of very good, very readable discussion on LWN, Slashdot, and LKML. Why is this? Why can't it happen on gplv3.fsf.org?

- Why hasn't the FSF dignified the LKML position statement with a clear response? They seem to reject all the kernel developers as fringe outliers.

- There's no way for me to learn more about why the FSF is making these decisions because everything is done behind closed doors in proprietary committees. What happened to freedom?

I just hope that the GPLv3 manages to survive this process.

Possible routes to kernel on GPLv3

Posted Jan 27, 2007 21:33 UTC (Sat) by b3timmons (guest, #40286) [Link]

bronson,

Eben Moglen immediately responded to the kernel guys in the media and in his blog:

http://emoglen.law.columbia.edu/blog

Indeed, the kernel guys were always invited to participate from the very beginning. I recall that Torvalds was upset that he did not get an advance copy of an early draft. He wanted special treatment that no one else was getting. I also recall that he expressed no desire to participate in a committee. Are you not aware of all of this?

If you bother looking up the Committee D mailing list archives, you will find plenty of discussion on issues such as whatever concerns you have.

In general, nothing you have written has in any way been against their schedule, which is listed at the end of a document that it seems you ought to understand better:

From http://gplv3.fsf.org/process-definition:

1. 16-17 January 2006: Initial Conference; release of first public draft
2. June 2006: Second discussion draft
3. September 2006: Earliest possible release date of GPL3
4. October 2006: Possible third discussion draft
5. March 2007: Latest possible release date of GPL3

I do not know for sure, but I suppose the MS-Novell deal has been an important distraction of Eben Moglen from other concerns. However, there are people with impressive expertise on Committee D. For example, there is Seth Schoen of eff.org who has written thoughtfully on Treacherous Computing.

Please try to do some more reading before making unfounded claims.

Possible routes to kernel on GPLv3

Posted Jan 28, 2007 7:41 UTC (Sun) by bronson (subscriber, #4806) [Link]

That process definition shows how far behind schedule the GPLv3 is. It's now basically February 2007 and the third discussion draft is 4 months late. The "latest possible release date" is less than 8 weeks away. Even if they got draft 3 out today, that's hardly enough time to have any meaningful discussion.

Eben Moglen's blog entry sounds nice. "I invite them to represent themselves in any way they choose, and pledge to work with them to create, even at this late date, a form of participation in the deliberations about GPLv3 that would reflect their preferred means of work, and be appropriate to their position in the community of developers."

Except that never happened. Maybe Eben didn't realize that they _were_ participating using their preferred means of work? Their position statement was quite clear. Why didn't he just reply to it in his blog entry? In fact, I can't find a clear, authoritative reply anywhere. Just the clarification page which is so dismissive that it's not clear the author even read the kernel position statement.

Thankfully a number of people have posted clarifications here on LWN (thanks especially to coriordan), so I feel that the patent situation is actually in pretty good shape. I look forward to reading draft 3.

You suggested I google for the mailing list, "which you will find shows a lot more activity for Committee D than you suggested." So how am I supposed to know that Committee D mailing list archives even exist? I can't read minds. Lessee... 4 messages in November and none since then? Doesn't that demonstrates exactly the sort of inaction that I was talking about?

I agree that some discussion must be private. But almost all of it? You've got to be kidding me. That's an absurd claim to make. Sure, have one private mailing list/committee, but why not try to have at least *some* important discussion in the open?

I feel that I'm now fairly well informed (thanks for the links), and the whole process still looks decidedly non-free. Sorry. The FSF has a lot to learn about how to have an open discussion and how to set up an usable web site!

Please please please release a draft 3 in time for the kernel guys to have a few weeks to comment on it? After Eben's hard work on the Novell disaster, and the patent clarifications, I think we'll find that the two sides are much closer to agreement. But we'll never know if there's no draft 3, or no time to comment on it.

b3timmons, thanks for taking the time to respond.

Possible routes to kernel on GPLv3

Posted Jan 28, 2007 19:11 UTC (Sun) by b3timmons (guest, #40286) [Link]

That process definition shows how far behind schedule the GPLv3 is. It's now basically February 2007 and the third discussion draft is 4 months late. The "latest possible release date" is less than 8 weeks away. Even if they got draft 3 out today, that's hardly enough time to have any meaningful discussion.

Please read carefully: the third draft was only listed as possible, not certain. Given how long ago the process was announced and how easy it was for me to find ways to participate, I just do not buy any excuses of not being able to have meaningful discussion about it.

Except that never happened. Maybe Eben didn't realize that they _were_ participating using their preferred means of work? Their position statement was quite clear. Why didn't he just reply to it in his blog entry? In fact, I can't find a clear, authoritative reply anywhere. Just the clarification page which is so dismissive that it's not clear the author even read the kernel position statement.

You are leaving out this part from Moglen:

I appreciate the positions taken publicly by the kernel developers. To be clear, the process of deliberation in which FSF and everyone else has been engaged since January is not only a process of taking positions. It also involves listening to the positions others have taken: it's the effect of listening as well as talking that gives deliberative democracy its effectiveness as well as its legitimacy.

I think you misunderstand what it means to participate. Participating means agreeing to minimum standards expected of everyone. In this case it meant a process of not only speaking but listening -- even to others who may not entirely agree with them. Yes, they could have participated using their preferred means of work, as long as that involves listening at some level. Moglen tried to give them special treatment here, but even this was not good enough.

You must admit that they were in effect asking to be treated with more favor than other participants. Again, a warning sign was Torvalds expecting to see an early draft before other participants. How can issuing the position statement publicly at a relatively late date to put Moglen on the spot not be seen as a political move? A clearly unproductive thing is exchanges of position statements and critiques which are simply at too large of a granularity to make any sense here. Even the deliberation on lkml does not function in any way like this. Moreover, I think all of us should appreciate that deliberative processes have many challenges, such as maintaining a high S/N ratio, and that there must be inevitable tradeoffs, such as representation. So I am glad Moglen did not respond too much in his blog, since I think that would have threatened the process itself in any number of ways. Think about it.

You suggested I google for the mailing list, "which you will find shows a lot more activity for Committee D than you suggested." So how am I supposed to know that Committee D mailing list archives even exist? I can't read minds. Lessee... 4 messages in November and none since then? Doesn't that demonstrates exactly the sort of inaction that I was talking about?

The D resources page notes the mailing list, hence the guess that there must be archives. The only demonstration is just a matter of degree of activity. I think you wrote earlier that the last activity was March, but now it is November. However, I fail to see your point about activity. Different activity levels occur in many different projects for many different reasons. Claiming a certain standard here requires far more substantiation than you have given.

I agree that some discussion must be private. But almost all of it? You've got to be kidding me. That's an absurd claim to make. Sure, have one private mailing list/committee, but why not try to have at least *some* important discussion in the open?

No one entity claimed or prescribed any level of privacy for the process as a whole, of course; the participants themselves set their own terms. In at least one of the committees with some privacy, Committee B, we can see minutes of their meetings. Moreover, you should give more credit to the great effort put into the public draft commenting system.

Even so, much discussion did turn out to be private. Is it unreasonable to guess at why that might be: FSF being stretched to the max to encourage public participation, non-paid public participation in Committee D, relatively large stakes for corporations, etc.?

I am sure the process could have been improved. The web site should have done more handholding, for example, and there is never enough publicity. As an ordinary user, I should have done more earlier to make suggestions for the site, for example. In a sense, I have come around to agreeing with you about non-free aspects of the process. In particular, I think money talks, as usual, even here. One could argue that it boils down to the four freedoms versus money. Moreover, the process has involved tradeoffs. However, in no way does there seem to be some overarching covert plan.

bronson, I can see that you are trying to make your points more carefully; improving even more would get you better attention than my meager attempts.

Possible routes to kernel on GPLv3

Posted Jan 29, 2007 8:16 UTC (Mon) by bronson (subscriber, #4806) [Link]

Of course I realized that draft 3 was not certain. Given how contentious draft 2 was, however, I'd have thought that releasing a draft 3 would be of critical importance. Even if it remains mostly unchanged, it could be accompanied by annotations or a document describing why the contentious sections are unchanged.

You view the kernel team's position statement timing as a political move. I see it more as an act of desperation. I don't think they wanted to resort to such theatrics; it's not their style. Whether it was justified or not, I think they must have felt like they were pretty much out of options.

You know, it's funny that each side is accusing the other of not listening. And even funnier that each side appears to be correct!

How can we break this communication breakdown? I can offer a suggestion... Release a draft 3. Then let the kernel guys could come up with an updated position statement. I think the MS-Novell deal and the patent clarifications would keep this statement a lot shorter than the last one.

The FSF could then respond, hopefully with more depth than last time (the clarification was awfully brief and dismissive). Above all, the FSF could demonstrate, using actual examples, what clauses the kernel guys could add to the GPLv3 to achieve their goals. Even if it's only academic in this case (presumably the kernel will remain GPLv2 forever), I think it's really worth keeping the kernel devs happy with the FSF's new licenses. You never know when a Linux Kernel NT prototype will be written and require an updated license. :)

Even if no agreement can be reached, at least this way each side would understand why things are the way they are. It would be a lot harder to write confusion off to "typical FSF bureaucratic BS" or "typical prima donna kernel whiners." Hopefully, the kernel guys would know how to modify the GPLv3 to suit their needs, a useful thing even if they never have the opportunity to take advantage of it.

The Linux kernel represents a ton of developers. I really hope that they can end up mostly satisfied with the new GPL.

I've learned a lot from this discussion, b3timmons. Thank you. I just wish it could have occurred somewhere on gplv3.fsf.org. :)

Possible routes to kernel on GPLv3

Posted Jan 29, 2007 15:25 UTC (Mon) by b3timmons (guest, #40286) [Link]

bronson,

While I agree that it would be nice to see an updated draft soon, the contention really seems to come mainly from the kernel guys. Unfortunately, as RMS originally warned years ago, "Linux kernel = all of FOSS" in the minds of way too many people (I am not saying you!). You question whether the position statement was political, but of course we should note that Torvalds has for a long time played balancing acts of various sorts. Some of these acts involve being political whether he likes it or not. I cannot believe that all of those behind the position statement did not act without their employers in mind. Of course, there is nothing wrong with this in and of itself, but, IMHO, the statement was made with other entities in mind, such as Linus's employer, OSDL.

OTOH, the MS-Novell deal worries me, and I would not be surprised if it spooked Moglen, RMS, etc. into brainstorming about more crazy ways that free software can be made effectively nonfree. Note that they, like the other participants, are also representatives. They represent all people who expect the GPL to once again guarantee the freedom that, as stated in its preamble, it intends to guarantee.

You might interesting the thoughts of an upcoming legal eagle, ex-Novell guy Luis Villa. In particular, see his criticisms of both the FSF and the kernel guys:

http://tieguy.org/blog/2006/09/page/2/

Possible routes to kernel on GPLv3

Posted Jan 29, 2007 21:45 UTC (Mon) by bronson (subscriber, #4806) [Link]

The Linux Foundation desires a strong GPLv3, don't they? You imply that Linus and his "many interests" are bent on harpooning the new GPL. I find this extremely implausible. Much more likely is just typical communications difficulties, no? Especially when exacerbated by the FSF's bureaucracies. Yes, the position statement was too politically loaded, but I hope both parties can overcome this.

Apparently Eben is satisfied that GPLv3 draft 2 is sufficient to prevent the MS-Novell deal in the future. That's good enough for me! I do hope he and RMS are gaming future scenarios; given the skill with which Microsoft convinced Novell to sign this crazy deal, we can be quite sure that the opposition is doing so.

I met Luis a few times when I lived in Boston. I like the guy a lot and follow what he's doing pretty closely. I think he's spot on with pretty much everything he says.

You claim that the contention comes mainly from the kernel guys. Luis isn't a kernel guy, is he? LKMLers tend to loathe Slashdot but there are a number of dissenting voices here: http://ask.slashdot.org/article.pl?sid=06/10/06/2046257 Tectonic isn't a kernel mag: http://www.tectonic.co.za/view.php?id=914 (this is satire but its position is clear). I'm sure I could find more examples if I kept looking.

Yes, the vast majority of free software developers are silent on the matter. That should not be interpreted as tacit support for the gplv3! Make no mistake: the GPLv3 is still a very controversial license. I really hope the FSF takes the time to get it right.

Possible routes to kernel on GPLv3

Posted Jan 27, 2007 20:48 UTC (Sat) by b3timmons (guest, #40286) [Link]

Since nothing has happened since March 2006, if at all, I hope you understand why I feel disinclined to participate in committee D. Here's a crazy suggestion: open up the discussion. Maybe some mailing list archives, a forum, a regularly updated blog? This stuff is trivial; it takes all of 1/2 hour to set up. It sure would help; right now, gplv3.fsf.org looks totally abandoned.

Not all websites hold your hand equally well, but what is so hard about doing a google search:

Committee D mailing list site:gplv3.fsf.org

The first hit gives: http://gplv3.fsf.org/mailman/listinfo/committee-d , which you will find shows a lot more activity for Committee D than you suggested.

And why have secret police committees? I would really like to know what the GPLv3 drafters thought of the Kernel document. Since gplv3.fsf.org doesn't even acknowledge that the kernel guys exist, what can I do? File a Freedom of Information Act subpoena??

Of course, there were several bits of reaction about the kernel document, including http://www.fsf.org/news/gplv3-clarification

"secret police committees" is just silly. Whether we get a more informed response than mine, we could indulge in a little common sense. Clearly, since companies are involved with concerns that they may wish to not be overly public, is it unreasonable to suppose that a committee with a certain privacy level would elicit more candid feedback from them? Likewise for the other groups. Of course, anyone could always contact any member with any concerns since they are all listed.

Answer me this: since gplv3.fsf.org does not go out of its way to acknowledge any outside group, why should it acknowledge the kernel guys? Could you be more specific about some unfair inconsistency?

Just imagine if the FSF wrote software using this process! The whole gplv3.fsf.org process demonstrates the very definition of "not open."

Nonsense. The only thing not open I see is that some committees have a certain level of privacy. What do you want? For those committees to be totally public and then for the, say, corporate people, to not be frank about their concerns?

Don't get me wrong; I can't wait until we have an updated GPL so the Microsoft-Novell hole can be plugged. I just wish the current draft were so encumbered with phantom issues. At this rate, it will take 4 more years to release and, when it finally does get shoved out the door, it will be identical to draft 1 of almost a year ago. Not good.

"At this rate"? Are you not aware that they have long had a schedule to keep in order to get it out in two months? Phantom issues indeed:

phantom

adj : something apparently sensed but having no physical reality; "seemed to hear faint phantom bells"; "the amputee's illusion of a phantom limb"

In short, I think your post is presumptuous and ill-informed, but maybe I am missing something. Apart from the MS-Novell deal that they have promised to handle, what are your issues with the second draft?

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