EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.25.08

The GPLv3 Not Strict Enough (Should Be Stricter), According to Samba

Posted in DRM, Finance, Free/Libre Software, GNU/Linux, GPL, Kernel, Microsoft, Samba at 4:20 am by Dr. Roy Schestowitz

Steve Ballmer scared of GPLv3

While Microsoft and its various proxies, including secretly-hired academics and lobbying arms (CompTIA, ACT, etc.), are on an aggressive crusade against GPLv3, the very same arguments which they try to use as a weapon against GPLv3 are actually a desirable trait. But it does not quite stop there. The GPLv3 is being characterised by Microsoft too strict, but then again Microsoft has always hated (read: feared) the GNU GPL, so it’s bound to find any excuse that suits it.

According to the father of Samba, the GPLv3 hasn’t a weakness which is being too strict. Quite the contrary in fact. Andrew “Tridge” Tridgell wants the GPL to become more restrictive and go harder against DRM — a sentiment that surely Linus Torvalds can subscribe to. In fact, a couple of weeks ago in Australia, Torvalds expressed on numerous occasions his disdain of DRM.

From the new article:

“Some people complain a lot about the anti-DRM provisions, and I would have liked to see those actually be even stronger than they are. Because currently they’ve got some limitations in there that limits some of the anti-DRM provisions of GPLv3 to only being applicable to consumer products. Which means it leaves out, for example, some Samba appliances.

“I’d like to see a future version of the GPL perhaps going a little bit stronger than that and applying it to the non-consumer/enterprise appliances as well” said Tridgell.

We received some mail from Palamida, which is probably one of GPLv3′s best friends in the sense that it ushers its increasing adoption and hands over an invaluable advocacy tool. Someone from the company asked us to address a particular topic:

“Sometime it’d be great to hear your recipe for open source coupled with capitalism, or whether you feel there IS a place for open source in a profit making business (because we’re finding that open source code makes up 50% of code in ALL apps).”

It’s probably important to distinguish between Open Source (in the OSI sense) and Free software (in the GPL sense). To address this question, if in capitalism your capita is physical (i.e. not something intangible like knowledge), then things are simple. They used to be simple.

“Consider Tim Berners-Lee’s motives for creating an open pool of information and ask yourself whether money is ever made on the Web.”Then, as we advanced, the man-made ambition was to (re)define ownership of information, of folklore, rather than to commoditise it. Open Source is a more reciprocal process that revolves around the assumption that information can be exchanged easily and bring benefit to everybody.

Consider Tim Berners-Lee’s motives for creating an open pool of information and ask yourself whether money is ever made on the Web. The problem may emerge when people refuse to give back, to make returns (patches, money, advice). And that’s completely separate from the issues of censorship and net neutrality (tiering and classes).

The transition in transportation means that physical containments of information (such as shrink-wrapped software) are no longer needed. This makes it an unnecessary barrier. It is really a philosophical question that hardly fits this Web site, but it seems to related to the issues that we find with software patents. In the case of Microsoft, not only does it insist on maintaining copyrights of code (which is perfectly acceptable), but it wishes to also own methods (never mind the actual implementation) and protocols, i.e. communication at the end points. That’s what last Thursday’s racketeering announcement was all about.

So, the short answer to that question is that open source is not incompatible with capitalism. That is just a Microsoft smear repeated over and over and over again (repetition does not make validity). Seeking to make profits by hindering communication, however, is a sin. The founding fathers of the United States saw the need to share ideas and something so organic simply must not be owned by an individual. If lobbyists that are paid to further promote greed actually achieve something in Congress, it does not mean they are correct. After all, these are man-made laws.

There is no such thing as an “intellectual property”. Let’s call it what it is: "intellectual monopoly". It’s a fence. Development (so-called innovation) and profit can be sustained and even thrive without intellectual monopolies. No monopoly has ever done any good to progress. Progress is not to be judged only by currencies.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The UPC Scam Part VII: A Fine Mess in the Making, as Nothing Can be Made of It Amid/After Brexit

    The final part in this multi-part series about UPC, which cannot be implemented in the UK as long as Brexit is on the agenda



  2. The UPC Scam Part VI: The Real Story Which People Missed Due to Puff Pieces Seeded by Battistelli-Bribed Media is That UPC Technically Cannot Come to the UK

    Another long installment in a multi-part series about UPC at times of post-truth Battistelli-led EPO, which pays the media to repeat the lies and pretend that the UPC is inevitable so as to compel politicians to welcome it regardless of desirability and practicability



  3. EPO Spiraling Down the Drain as Experienced Examiners and Judges Are Seemingly Being Replaced by Interns

    Implementing yet more of his terrible ideas and so-called 'reforms', Battistelli seems to be racing to the bottom of everything (patent quality, staff experience, labour rights, working conditions, access to justice etc.)



  4. A Lot of News From the Supreme Court (SCOTUS) Today, With Some Important Decisions on Patents Coming Soon

    A roundup of today's outcomes from the US Supreme Court, which intends to review and decide on important patent cases



  5. In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

    A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS



  6. Good Riddance. Ray Niro is Dead.

    The infamous father of patent trolling is dead, so we need to remember his real legacy rather than rewrite his history to appease his rich relatives (enriched by destroying real companies)



  7. EPO Suicides Greater in Number Than is Widely Reported, Unjust System a Contributor to These

    The horrible regime of Benoît Battistelli has an enormous human toll (fatalities), far greater than the Office is willing to publicly acknowledge



  8. Lobbying Disguised as 'Reporting' by the Patent Microcosm, Which Wants More Patents and More Lawsuits (Lawyers Needed)

    A rebuttal to some new articles about patents, especially those that strive to increase patent-related activities (usually for personal gain)



  9. USPTO Echo Chamber That Lacks Actual Software Professionals Deciding on Patentability of Software

    A look at yesterday's "Roundtable on Patent Subject Matter Eligibility," which lacked involvement from those actually affected by patents rather than those who sell, trade, and exploit these



  10. More Examples of Microsoft and Its Patent Trolls Taxing Linux, Even After Microsoft 'Joined' (Paid) the Linux Foundation

    A quick look at the past week's news and clues about Microsoft's (and its broad army of patent trolls) strategy for taxing Linux, or imposing bundling at zero cost (to Microsoft)



  11. Heiko Maas, the SPD “Cash for Access” Affair, and Suspicions of Unwarranted Censorship at IP Kat (Again)

    Unsayable views or just a glitch? Readers of IP Kat express concern about a culture of censorship at IP Kat



  12. Endgame for Battistelli at the European Patent Office (EPO)

    Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)



  13. Les Échos Chamber: Having Corrupted the Media (With EPO Money), Battistelli Now Uses It for More UPC Propaganda

    The lies about the Unitary Patent are now being broadcast (Battistelli given the platform) by the publication that Battistelli pays



  14. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  15. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  16. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  17. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  18. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality



  19. EPO at a Tipping Point: Battistelli Quarrelling With French Politicians, Administrative Council Urged to Act, Staff Unrest Peaking

    The latest messages about Battistelli's regime at the EPO, which faces growing opposition from more directions than ever before



  20. Quality of Patents at the EPO Dependent on the Appeal Boards When Battistelli Assesses Performance Using the Wrong 'Production' Yardstick

    A look at some recent articles regarding patent quality in the US and in Europe, in particular because of growing trouble at today's EPO, which marginalises the appeal boards



  21. Microsoft's Push for Software Patents Another Reminder That There is No 'New' Microsoft

    Microsoft's continued fascination with and participation in the effort to undermine Alice so as to make software patents, which the company uses to blackmail GNU/Linux vendors, widely acceptable and applicable again



  22. Links 5/12/2016: SparkyLinux 4.5 Released, Kondik Exits Cyanogen (Destroyed After Microsoft Deal)

    Links for the day



  23. Software Patents Continue Their Invalidation Process, But Patent Law Firms Try to Deny This in Order to Attract Misinformed (or Poorly-Informed) Clients

    A roundup of news about software patents and demonstration of the sheer bias in the media, which is mostly controlled or steered by the patent microcosm rather than actual inventors



  24. Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

    An update on Intellectual Ventures and Unwired Planet, whose operations pose a growing problem for Free software and Linux-based products (e.g. Android)



  25. Asia's Patent Litigation Chaos Getting Worse, Reaching Countries in the West, and Sites Like IAM Actively Promote This

    The race to the bottom (of patent quality) in China, the growth of patent trolls in the region, and the ruinous litigation strategy which now spills over even to the US -- through the Eastern District of Texas -- and may inevitably come to Europe (especially if the UPC ever becomes a reality)



  26. More French Politicians Are Complaining That Benoît Battistelli is a Disgrace to France and Urge for Action

    The backlash against Battistelli spills well outside the EPO and is now apparent even at the French National Assembly



  27. Links 3/12/2016: Mageia 5.1 Released, Mozilla Revenue at $421.3M

    Links for the day



  28. Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

    Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America



  29. Blockchain Domain Infested With Software Patents, MasterCard Among the Culprits

    Worrying signs that an area of Free/Open Source software innovation is getting impacted by the plague of software patents



  30. Dutch Media Covers Latest EPO Scandals, German Media Totally Absent (a Media Blackout of Convenience)

    Our observations regarding the apparent media disinterest in EPO scandals, especially at the very core of the EPO (principal host country)


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts