> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] Behalf Of Michael
> Devore
> Sent: Thursday, February 12, 2004 9:34 AM
> To: [EMAIL PROTECTED]
> Subject: [Freedos-devel] Re: GPL and other licenses
>
[...]
> Baldly put, your this argument sounds like the worst of RIAA's
> with less cause.  The idea that lack of a license limiting
> software usage somehow damages, weakens, harms or makes a copy of
> source code less free is nothing short of ludicrous.  Simply put,
> any code which has a restricting license whatsoever is always
> less open or free than public domain to everyone for everyone.
> Or do we need to now debate the meaning of open and free?  The
> only difference with PD over licensed is that more people can use
> the PD code.  Some subset of those extra people (and that subset
> is probably a lot smaller than you think) will be those you may not like.

I disagree.
Free sofware means everyone has the right to look the source and modify it
to suit his needs. PD software is less free than GPL software. Let me
exemplificate:

 - You can download my PD software, called XYZ.
 - You can modify it to support a new and exciting feature, based on
proprietary and closed source information, and call it ABC.
 - You can publish ABC in a binary-only form, selling it for much money.
 - Users of ABC can't see your code nor modify it, but this is not a
problem. It's your code. I can object you are making money with also my
code, but again this is not the problem.
 - At a later taime you can cease support for ABC, and destroy its sources.
 - The problem is that users of ABC can't apply patches to the original XYZ
code included in ABC, even if XYZ is PD. Even if I have added features and
bug fixes to XYZ, users of ABC will never notice.

Let's repeat with a free licence, for example LGPL:

 - You can download my LGPL software XYZ.
 - You can make a DLL of parts of XYZ, use it in your closed source project
ABC, and distribute full sources of XYZ modified to fit in a DLL.
 - You can make any money of ABC, but everyoune has the freedom to apply
patches to the XYZ part of it.

> Frankly, a nasty little secret about open source is that GPL and
> other such licenses are a weak lock.  Ideas cannot be protected
> by law, with very specific exceptions provide by patents --
> almost never an issue in these matters and definitely not an
> issue here.  So Evil Corporation or Bad Guy could enjoy the
> fruits of a lot of licensed code effort just by sifting through
> the code for its best ideas and algorithms, then writing out
> those ideas in their own programmers' style and form.  Perfectly
> legal.  Don't be fooled by those who say good ideas are a dime a
> dozen.  Good ideas are frequently worth a lot of money.

That's true. If you want to protect ideas, then use patents.
But if you have a good idea don't make a software of it: it can be easely
reverse-engineered.

> And as far as lifting the actual code, well, unfortunately for
> those who think licenses offer good protection against direct
> theft, I can tell you that competent and reasonably talented
> programmers -- of which I am one along with others on this list,
> not to mention an easy million off-list  -- who are so motivated
> could take existing source code and mask, tweak, and otherwise
> modify it sufficiently to protect it against almost any legal
> challenge of copyright infringement decided by judges or juries.

Masking, tweaking and modifying is not an easy task. It can be a lot of work
(imagine tweaking the Linux kernel, or GCC), I don't know if it's worth.
Making an automate program to do the work can lead to a condemnation if this
is proved.

> Not that legal challenges would likely be forthcoming in the vast
> majority of cases, even were there a legion of Compliance Engineers.

I sincerely don't know.

> Lastly, while I understand why a lot of people don't want
> military use of licensed code, it's probably too vague and
> idealistic a concept to work well in the real world,
> notwithstanding licenses that have been out there for over ten
> years which try to do exactly that.  I'll not spend the extra
> paragraphs on this list explaining in detail why it's not a
> terribly realistic restriction since we are again beginning to
> wander far afield of the list's purpose.

I agree with you, here.

Ciao



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