Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Posted Oct 19, 2010 11:22 UTC (Tue) by Wol (subscriber, #4433)In reply to: Open source must be able to deal with patent licenses if necessary by FlorianMueller
Parent article: Open Standards in Europe: FSFE responds to BSA letter
Well, there's a heck of a lot of empirical evidence that classical physics works. Doesn't stop it being wrong, though!
Cheers,
Wol
Posted Oct 19, 2010 11:24 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (43 responses)
Posted Oct 19, 2010 12:05 UTC (Tue)
by pboddie (guest, #50784)
[Link] (22 responses)
Of course the Free Software movement, or at least the FSF, doesn't believe that such deals are OK: that's why GPLv3 was drafted, and is presumably why you regard it as "unpragmatic". But since the very nature of organisations like the FSF and FSFE is to advocate change, I don't think you should expect them to go out of their way to advocate "pragmatism", especially when such "pragmatism" appears to be about establishing some kind of VIP line for fast-track and/or exclusive access to the benefits of Free Software.
Posted Oct 19, 2010 12:11 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (19 responses)
I meant legally OK. No one debates philosophy. The argument made by FSFE and others in the EU open standards debate is that those FOSS licenses just don't allow it, period. That's the problem. If they just said they don't like it (but admitted that it can work legally), that would be a much better basis for finding a solution.
Posted Oct 19, 2010 13:18 UTC (Tue)
by pboddie (guest, #50784)
[Link] (17 responses)
Such a great way to brush aside any discussion, particularly when policy-making is all about defining what should be rather than what is. They don't allow it if the goal is to be upheld that the four freedoms can be practised by anyone. Hence my remark about the VIP queue. Finding a solution to what? The need for a captive audience for patent-holders, guaranteed by public standards and policies? It's interesting how supposed advocates of the free market are always first in line to ask for government favours.
Posted Oct 19, 2010 13:25 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (16 responses)
Contrary to me brushing aside any discussion, it's you who widens the debate in a way that doesn't reflect the reality of the political process we're talking about. I said before that there would be no problem with FSFE and others saying that they don't like software patents and patent royalties. The problem is that their central argument is the false claim that FOSS can't deal with this. They are entitled to their philosophy (by the way, while I don't share that fully, I'm certainly much closer to it than to the BSA's philosophy). They just aren't entitled to their own made-up "facts". They lie to politicians in the EU about the impact of those patent deals because they believe they're more likely to get their way by dishonestly misrepresenting, misleading, and overstating.
Posted Oct 19, 2010 13:30 UTC (Tue)
by nix (subscriber, #2304)
[Link]
Posted Oct 19, 2010 13:43 UTC (Tue)
by Wol (subscriber, #4433)
[Link]
You mean a bunch of politicians and lobbyists talking meaningless bullshit?
I saw an interesting article about that Philadelphia "pi = 3" bill recently? And do you know WHY it failed?
Because a visiting professor kindly pointed out to several prominent politicians that, if you did the maths as *PRE*scribed by the bill, you ended up with the result "pi = 3.2".
And when the European politicians realise they've been fed that sort of bullshit, they are NOT going to be impressed.
Dunno about you, but if someone makes a fool of me, I take offence. And if your career depends on looking sage and wise, the offence could be very damaging to the lobbyist ...
Cheers,
Posted Oct 19, 2010 14:20 UTC (Tue)
by pboddie (guest, #50784)
[Link] (13 responses)
The uninhibited practice of the freedoms around Free Software - something which organisations like the FSF and FSFE consider an essential part of Free Software licensing - is incompatible with the kind of "VIP lounge" concept that you seem to consider acceptable or "pragmatic". I believe you may even have made this point yourself in some recent discussion or other, probably in a condescending "this is the world - live with it!" tone while trying to get everybody to specifically discuss Motorola's defence strategy against Microsoft (a matter for their lawyers, I would argue) rather than the wider issues of more general interest. So the organisations responsible for the licensing of the bulk of Free Software are not lying, unless you are trying to redefine Free Software as something it isn't: "VIPs this way, everybody else wait in line", effectively "FOSS Light".
Posted Oct 19, 2010 14:46 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (12 responses)
Posted Oct 19, 2010 16:18 UTC (Tue)
by pboddie (guest, #50784)
[Link] (11 responses)
Just because no-one has sued someone else over such a matter doesn't mean they won't, and it's certainly not any kind of a decent basis for public policy.
Posted Oct 19, 2010 17:57 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (10 responses)
You conclude with a remark about "a decent basis for public policy." I'm focused at this poin t on a decent basis for a facts-based debate on public policy. Without the former, we may never get to the latter.
Posted Oct 19, 2010 18:33 UTC (Tue)
by dlang (guest, #313)
[Link] (9 responses)
Posted Oct 19, 2010 18:35 UTC (Tue)
by Trelane (subscriber, #56877)
[Link]
Posted Oct 19, 2010 18:35 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (7 responses)
Posted Oct 19, 2010 18:37 UTC (Tue)
by dlang (guest, #313)
[Link] (6 responses)
other people have, but not the FSF.
Posted Oct 19, 2010 18:47 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (5 responses)
After four years since the Microsoft-Novell days -- four years during which various other Linux patent deals involving royalty payments were done -- no one has enforced the GPLv2. That's a fact. If this is such a central thing to the GPL, the FSF or another enforcer would have had to do so.
But RMS himself admitted that even the early drafts of GPLv3 (v3!) would have allowed the Microsoft-Novell type of deal. That proves they just don't have a legal basis. So FSFE shouldn't tell EU politicians there's a legal problem with GPLv2. They should admit they just don't like software patents (I don't like those patents either) and then have an honest debate over what to do.
Posted Oct 19, 2010 21:59 UTC (Tue)
by pboddie (guest, #50784)
[Link] (4 responses)
No, it only "proves" that early drafts of GPLv3 would have allowed (or perhaps more correctly, may not have prevented) the "mutual promise not to sue other people" kind of agreement that Microsoft-Novell was all about. Even when advice to the contrary has already been given? Repeating things about people "lying" and things being "irrelevant" over and over again doesn't make them true. As I already pointed out, the FSF* organisations clearly regard there to be issues with combining copyleft licences (and others) with "every man for himself" patent licences. That no-one has sued the various large corporations indulging in such activities over the matter says a lot less about whether those corporations are in the right (legally or ethically) than it does about the general imbalance in the average legal system where it could well be a hard slog to get a judgement on a matter of such importance against a determined and wealthy opponent.
Posted Oct 20, 2010 3:45 UTC (Wed)
by FlorianMueller (guest, #32048)
[Link] (3 responses)
The "advice to the contrary" you link to is weak tea compared to the fact that it's common practice now in the industry and not legally challenged by the free software movement.
Finally, you make the cheap excuse that under this legal system it's so hard to fight against a large corporation. Oh come on, how more pathetic can it get? Would this mean free software is lost anyway because might makes right in the legal system? By the way, if there's a worldwide breach of the GPL, such as by global players of the Red Hat or Samsung kind, you can do forum shopping and pick cheap place, such as my jurisdiction (Germany) and sue there first. But it hasn't been done anywhere by anyone.
Posted Oct 20, 2010 11:28 UTC (Wed)
by pboddie (guest, #50784)
[Link]
So would we all. Well, I'm just explaining how the FSFE people concerned can make their particular claims and not go round winking to each other about how they were really "lying" afterwards. And you go on again about how no-one has sued anyone, but again that doesn't have anything to say about whether someone could do so once everyone has "agreed" that there's no underlying problem. You know, quite a few people had a discussion on this very site about patent-encumbered standards a few months ago. Look it up: it was all about MPEG, Theora, Mozilla and HTML5. There were three principal positions: And yes, the discussion involved persuading the people taking the second position that although their code is nice, that perhaps they should consider what the people taking the third position were doing with their code. And no, sadly, those people representing the developers weren't particularly interested.
Posted Oct 24, 2010 7:17 UTC (Sun)
by Ze (guest, #54182)
[Link] (1 responses)
Is that because you seem to have a problem with honesty yourself? You've made dishonest claims about GPLv3 and GPLv2.
You claim that GPLv3 is irrelevant because no major projects have adopted it , yet you've been shown evidence to the contrary that the tiniest bit of research on your part would've found.
You've also claimed that GPLv2 is patent compatible using extremely poor logical reasoning. It's spurious logic to claim that just because the text of early drafts of GPLv3 doesn't protect against software patents that GPLv2 doesn't protect against them , when the concerning them between the two had most probably changed. Someone who is so interested in FOSS and software patents surely can't claim that such a basic flaw in reasoning is an honest mistake....
Could the reason you don't want your claims about honesty repeated is because you have a problem with honesty yourself?
Posted Oct 24, 2010 11:39 UTC (Sun)
by FlorianMueller (guest, #32048)
[Link]
GPLv3_final > GPLv3_early > GPLv2
Let X be on said continuum the point at which you can prevent the Novell type of deal:
GPLv3_final > X > GPLv3_early (according to RMS)
Thus, X > GPLv2 (or more likely, X >> GPLv2).
Further empirical evidence -- as if it were needed -- for the latter is that Novell's deal never got challenged in court during all those years, even though the SFLC certainly would have the funds in place to do so.
Let Y be on said continuum the point at which Red Hat can, according to Eben Moglen, do the FireStar type of deal, where Red Hat paid a royalty:
Y > GPLv3_final > GPLv3_early > GPLv2
Thus, Y > GPLv2 (or more likely, Y >> GPLv2).
Posted Oct 19, 2010 13:25 UTC (Tue)
by Wol (subscriber, #4433)
[Link]
Why not? The whole point of the "mathematics" debate is it is a philosophical debate. Which is intended to prove that the law on patents is an ass. More to the point, it is a self-contradictory unenforceable ass.
And WHEN (not if) the Judges realise what's going on, there's going to be a pretty massive bonfire of the vanities (or bonfire of the patents, if you prefer it).
Cheers,
Posted Oct 19, 2010 13:37 UTC (Tue)
by Wol (subscriber, #4433)
[Link]
And hindsight pretty much invariably shows he was right to dig his heels in and refuse to compromise.
Cheers,
Posted Oct 20, 2010 15:49 UTC (Wed)
by armijn (subscriber, #3653)
[Link]
Posted Oct 19, 2010 12:07 UTC (Tue)
by drag (guest, #31333)
[Link] (18 responses)
Plus GPLv3 is far from the first open source license to have patent language in it.
Posted Oct 19, 2010 12:10 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (17 responses)
Your second sentence is ultimate proof of the first: if you don't understand why GPLv3 is different in its patent language from, say, the Apache license 2.0, then it will be very hard to have a facts-based discussion. So it's not just my logic that you can't make sense of. The problem seems to be more fundamental. I actually explained the difference between ASLv2 and GPLv3, by the way.
Posted Oct 19, 2010 12:24 UTC (Tue)
by drag (guest, #31333)
[Link] (16 responses)
Posted Oct 19, 2010 12:27 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (15 responses)
I didn't say "everybody" -- just those who distribute GPLv2'd software after having obtained patent licenses from third parties. The only way to resolve a legal disagreement is to let the judges decide. Do you have any other/better proposal?
Posted Oct 19, 2010 12:38 UTC (Tue)
by drag (guest, #31333)
[Link] (14 responses)
Posted Oct 19, 2010 12:41 UTC (Tue)
by FlorianMueller (guest, #32048)
[Link] (12 responses)
I didn't say they had to sue each other if it can be avoided. I said that those companies do what they do (for instance, Novell did its deal with Microsoft in 2006), and if the free software movement claims after all of that time and all of those deals (and many more of them will be done now, especially in connection with Android) that those deals aren't in compliance with GPLv2, then either the FSF has to enforce the GPLv2 (if necessary, in court) or it has to be more honest and admit that GPLv2 doesn't prevent inbound patent licensing.
Posted Oct 19, 2010 13:03 UTC (Tue)
by drag (guest, #31333)
[Link]
This is something that Novel, Microsoft, Google, and et al seem to be dealing with in one way or another. Otherwise what else was the point of the 'covenant' and such things?
Posted Oct 23, 2010 18:33 UTC (Sat)
by Arker (guest, #14205)
[Link] (10 responses)
The question is more complex than a selected soundbyte from FSFE makes it sound? Sure. But when you turn around and claim the exact opposite, you arel being far more inaccurate than they were.
Posted Oct 23, 2010 18:38 UTC (Sat)
by FlorianMueller (guest, #32048)
[Link] (9 responses)
I didn't say that by tolerating those deals they change the legal status of those deals. What certainly happens is that companies feel good about doing ever more of those deals.
If they (in this case, FSF's European affiliate) tell politicians that such deals can't be reconciled with the GPL, it's striking that they don't enforce the GPLv2 where they could if they were right.
Posted Oct 23, 2010 21:35 UTC (Sat)
by Arker (guest, #14205)
[Link] (1 responses)
No, it's not fair to assume this at all, I just explained to you why not, and your reply is simply to reässert your ill-founded assumption. No, no, no. All that can be inferred from this (and I am generously assuming you are 100% correct on the facts) is that no one has both standing and sufficient resources and motivation to sue over any of these deals yet. Period. Anyone with the slightest familiarity with civil law would understand that. You say that the lack of action proves they are legal, the difference is splitting hairs. Both are wrong, and dangerously so. Before you bring a suit you need not only a solid legal case as the wrongness of the defendent, you also need standing (FSF cant sue over linux, no, they dont keep copyright on linux code as you so bizarrely asserted a little earlier) and you need a theory of damages that could generate an award sizeable enough to at least pay the lawyers, or some other compelling business case for the expense. This is the reason you havent seen anyone suing Novell - not because what they are doing isnt clearly, demonstrably in violation of the license, but only because those with standing to object have no interest in filing the case.
Posted Oct 23, 2010 23:24 UTC (Sat)
by FlorianMueller (guest, #32048)
[Link]
Posted Oct 23, 2010 23:02 UTC (Sat)
by anselm (subscriber, #2796)
[Link]
To sue somebody about a GPL violation, one would have to have appropriate standing, i.e., hold copyright in the software package in question. For example, Harald Welte of gpl-violations.org fame gets to go after companies which don't publish source for their Linux-based routers because he has contributed code the Linux kernel, so he is a copyright holder and is entitled to sue.
On the other hand, the FSFE in particular can't really make a big show of »enforcing the GPLv2« even if they wanted to, because that would require them to have released software under the GPL (and software that would be interesting enough for ruthless companies to rip off, at that). However, unlike the original FSF, the FSFE does not appear to actually produce any free software at all – it is mostly a lobbying outfit –, so there isn't anything to enforce.
Posted Oct 24, 2010 15:34 UTC (Sun)
by nix (subscriber, #2304)
[Link] (5 responses)
A lack of data (-> a lack of cases) is not the same as negative data (-> lost cases).
Posted Oct 24, 2010 15:40 UTC (Sun)
by FlorianMueller (guest, #32048)
[Link] (2 responses)
Posted Oct 24, 2010 15:54 UTC (Sun)
by nix (subscriber, #2304)
[Link] (1 responses)
Posted Oct 24, 2010 15:55 UTC (Sun)
by FlorianMueller (guest, #32048)
[Link]
Posted Oct 25, 2010 11:02 UTC (Mon)
by vonbrand (subscriber, #4458)
[Link] (1 responses)
AFAIU, there is no "lack of cases"; there are plenty of those, they just didn't make it to court (or into the headlines) as they were resolved (in GPL's favor) silently. That in itself is very powerfull evidence for GPL, even more so than a few highly publicized court wins.
Posted Oct 25, 2010 22:38 UTC (Mon)
by nix (subscriber, #2304)
[Link]
Posted Oct 19, 2010 12:42 UTC (Tue)
by drag (guest, #31333)
[Link]
Posted Oct 19, 2010 13:35 UTC (Tue)
by Wol (subscriber, #4433)
[Link]
Troll: "That's a nice product you've got there. Don't you think you should licence our patents?"
Free Software Company (FSC): "That's a nice patent portfolio you've got there. Do you really think a nice shark like you should be swimming with the piranhas?"
Negotiate ... negotiate ... negotiate
"This agreement between Troll and FSC hereby grants FSC a royalty-free sublicensable grant to use any and all patents owned by Troll now and in the future. Oh, and by the way, this agreement is subject to an NDA to save Troll's face"
Cheers,
Posted Oct 19, 2010 18:00 UTC (Tue)
by SiB (subscriber, #4048)
[Link] (2 responses)
Posted Oct 19, 2010 22:48 UTC (Tue)
by ballombe (subscriber, #9523)
[Link] (1 responses)
Posted Oct 21, 2010 19:33 UTC (Thu)
by Wol (subscriber, #4433)
[Link]
And the reason for this is that classical physics is couched in maths. It is self-consistent, built on a bunch of axioms, and can be shown to be mathematically correct.
Unfortunately one of the KEY assumptions (if not THE key assumption) is the axiom "parallel lines never meet". Which has been empirically proven false - Einstein's 1919 solar eclipse experiment was the event.
Cheers,
Open source must be able to deal with patent licenses if necessary
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In this case, if the free software movement believes that those GPLv2-based license deals aren't OK, they should sue Red Hat, Novell, Canonical, HTC, TomTom etc. and see how far they get.
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Of course the Free Software movement, or at least the FSF, doesn't believe that such deals are OK: that's why GPLv3 was drafted
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I meant legally OK. No one debates philosophy.
The argument made by FSFE and others in the EU open standards debate is that those FOSS licenses just don't allow it, period.
If they just said they don't like it (but admitted that it can work legally), that would be a much better basis for finding a solution.
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Such a great way to brush aside any discussion, particularly when policy-making is all about defining what should be rather than what is.
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Wol
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The problem is that their central argument is the false claim that FOSS can't deal with this.
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But RMS himself admitted that even the early drafts of GPLv3 (v3!) would have allowed the Microsoft-Novell type of deal. That proves they just don't have a legal basis.
So FSFE shouldn't tell EU politicians there's a legal problem with GPLv2.
They should admit they just don't like software patents (I don't like those patents either) and then have an honest debate over what to do.
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I would prefer not to have to repeat my remarks on honesty.
The "advice to the contrary" you link to is weak tea compared to the fact that it's common practice now in the industry and not legally challenged by the free software movement.
I would prefer not to have to repeat my remarks on honesty.
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Wol
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Wol
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Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
I can't make any sense of your logic here and I don't know what your aiming at.
Plus GPLv3 is far from the first open source license to have patent language in it.Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
What does not make sense is the whole 'they should sue everybody' part.
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
They work out any conflicts themselves without suing each other.
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
However, after four years it's fair to say that they don't have a case to enforce the GPL (otherwise they would have done something).
After four years during which ever more such deals have been signed, it's clear that it's GPLv2-compliant behavior.
I didn't say that by tolerating those deals they change the legal status of those deals.
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Wol
Open source must be able to deal with patent licenses if necessary
where it is applicable. See the evidence that you quoted.
Open source must be able to deal with patent licenses if necessary
Open source must be able to deal with patent licenses if necessary
Wol