wxPython Licence vs GPL

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  • Steven D'Aprano

    #16
    Re: wxPython Licence vs GPL

    On Wed, 23 Nov 2005 15:34:49 +0000, Ed Jensen wrote:
    [color=blue]
    > Try this little experiment: Walk up, at random, to 100 people on the
    > street. Show them a software CD-ROM -- a game, a word processor,
    > whatever. Tell them it's free. Then ask them what they think that
    > means.
    >
    > 99 times out of 100, they'll think it means it's free-as-in-beer.[/color]

    Oh no!!! Are you telling me that people's first thought when you hand
    them a physical object and say it is free is to think that you mean
    free of cost??? Say it isn't so!!!

    [color=blue]
    > They *won't* think it means they'll get the source code, and the right
    > to tweak that source code. They *won't* think it means they have the
    > right to infinitely redistribute it.[/color]

    So what? You just tell them, and then they *will* think that they have the
    right to infinitely redistribute it, because they've just be told.

    If you tell them "This FREE software that I am giving you for FREE, you
    are FREE to make copies for all your friends for FREE" and they still
    don't get it, then they are an idiot.

    [color=blue]
    > At best, the GPL/FSF engaged in what I consider false advertising.
    > Free Software (note the capital 'F' and 'S') *isn't*, by the most
    > widely understood and assumed definition of "free".[/color]

    Really? So when I take my GPLed software, and legally install it on
    100 PCs without paying one single cent for licence fees, it isn't free of
    cost?

    You a living in a strange and mysterious world, where things that cost
    nothing aren't free.

    Of course, any particular vendor is FREE (there's that word again) to try
    to charge me as much money as they like for the FREE software that I can
    get for FREE from another vendor. If they can convince me that they are
    offering enough added value to justify paying money for something I can
    get for FREE from one of their competitors, I may even pay for that added
    value.

    [color=blue]
    > They should have
    > called it "liberated software" or "share and share alike software" or
    > "free as in herpes" software.[/color]

    As in Open Source Software perhaps?
    [color=blue]
    > Free Software is certainly not free
    > software, since it comes heavily encumbered by licensing issues.[/color]

    Firstly, you contradict yourself.

    You argue that "free as in speech" doesn't count for squat because 99 in
    100 people think *first* of "free as in beer". Fine -- you've laid the
    ground rules, you live by them. If that's the only definition of "free"
    that you'll accept, then stick with it: "heavily encumbered by licensing
    issues" is irrelevant. What counts is cost. Then by this restrictive
    definition of "free", Free and Open Source Software *is* free, because I
    am FREE to redistribute it for FREE.

    Secondly, you are either guilty of rhetorical exaggeration, or you are
    exceedingly ignorant of what the various licenses out in the real world
    *actually* say. To describe the GPL and similar as "heavily encumbered"
    is, quite frankly, idiotic.

    Have you ever bothered to read proprietary software licences? They are the
    heavily encumbered licences, with restrictions on when, where and how you
    can you the software, how many copies you can make, whether and how many
    backup copies you can create, whether or not you can transfer the licence
    to somebody else, and whatever other restrictions they think they can get
    away with. Microsoft, for example, frequently restricts your legal ability
    to publish benchmarks for their software.

    No, software under the GPL is not in the public domain. I make no
    apologies for that. GPLed software is copyrighted, and supplied under a
    licence where the software users are FREE (there's the word that you think
    people don't understand) to use the software any way they like, FREE to
    redistribute it, FREE to publish benchmarks, FREE to copy it, FREE
    to create derivative works, and FREE to give it away for FREE, so long as
    the user lives by a simple rule: whatever freedoms the GPL licence gives
    you, you may not take away from the people you distribute the software too.

    [color=blue]
    > The success of things like Python -- which is not GPL licensed, afaik
    > -- pretty much proves the GPL is unnecessary for the success of free
    > projects. The GPL is just some bizarre social agenda being pushed by
    > some crazies, and a lot of programmers (who are not lawyers) fell for
    > the hippie nonsense.[/color]

    Ah, I see -- trolling. All that commie pinko nonsense about Free
    Speech by the Founding Fathers, all just hippie crap, right?

    [color=blue]
    > So, you may like to bandy around the mildly offensive "free as in
    > freeloading", but then that gives me the right to refer to GPL'd
    > software as "free as in pushing my personal social agenda".[/color]

    Of course you are FREE to do so, and I won't even charge you. That doesn't
    make what you say meaningful.

    Is the Python licence not "pushing my personal social agenda" too? What
    about proprietary licences that prohibit making backup copies? Doesn't
    that push a social agenda too, an agenda to make it expected that every
    time your software needs to be reinstalled you have to go out a buy a new
    one?

    --
    Steven.

    Comment

    • Ed Jensen

      #17
      Re: wxPython Licence vs GPL

      Paul Boddie <paul@boddie.or g.uk> wrote:[color=blue]
      > It's interesting that you bring this tired thought experiment up in the
      > context of the original remark: "Its license is far more "free" than
      > GPL is." If we were focusing on the "vox pop" interpretation of the
      > word "free", that remark wouldn't make any sense at all: after all,
      > what's more gratis than gratis (to use a less ambiguous word)?[/color]

      My only intention was to point out that "Free Software" is a rather
      misleading term.

      I still think of the term "Free Software" as false advertising.
      [color=blue]
      > Python is moderately successful, yes, but the GPL is a useful tool to
      > ensure that certain freedoms are preserved. I've been made aware of a
      > certain level of dissatisfaction about whether organisations porting
      > Python to other platforms would choose to share their modifications and
      > improvements with anyone, or whether binary downloads with restrictive
      > usage conditions would be the best even the customers of such
      > organisations would be able to enjoy. Ensuring some of those freedoms
      > can be an effective way of making open source software projects
      > successful.[/color]

      I'm aware of this concern. I don't think it's justified. Unless
      you'd like to point out all those closed, proprietary Python
      implementations that are destroying civilization as we know it.
      [color=blue]
      > At least when it comes to software licensing, what probably upsets the
      > anti-GPL "pragmatic licensing" crowd the most is that Stallman is quite
      > often right; the BitKeeper debacle possibly being one of the more
      > high-profile cases of some group's "pragmatism " (or more accurately,
      > apathy) serving up a big shock long after they'd presumably dismissed
      > "the hippie nonsense".[/color]

      Stallman thinks selling closed, proprietary software is evil.
      Stallman thinks buying closed, proprietary software is evil.

      I find these opinions and "morals" fundamentally and obviously wrong.
      [color=blue]
      > Well, from what I've seen of open source software usage in business, a
      > key motivation is to freeload, clearly driven by people who neither see
      > nor understand any other dimension of software freedom than your "vox
      > pop" definition. Such users of open source software could make their
      > work a lot easier if they contributed back to the projects from which
      > they obtained the software, but I've seen little understanding of such
      > matters. Of course, businesses prefer to use euphemisms like "cost
      > reduction" or "price efficiency" rather than the more accurate
      > "freeloadin g" term, and they fail to see any long-term benefits in
      > anything other than zero cost, zero sharing acquisition and
      > redistribution of code. But then in some sectors, the game is all about
      > selling the same solution over and over again to the same customers, so
      > it's almost understandable that old habits remain.[/color]

      Wah, wah, I gave this software away for free, and people are actually
      using it without giving anything back! Wah, wah!
      [color=blue][color=green]
      >> but then that gives me the right to refer to GPL'd software as "free as in pushing my
      >> personal social agenda".[/color][/color]
      [color=blue]
      > Pushing on whom, though? No-one makes you use GPL'd software by, for
      > example, installing it on almost every computer you can buy from major
      > vendors. If, on the other hand, you mean that some social agenda is
      > being imposed on you because, in choosing to redistribute someone's
      > work, you are obliged to pass on those freedoms granted to you by the
      > creator (or distributor) of that work, then complaining about it seems
      > little more than a foot-stamping exercise than anything else.[/color]

      Now you're just trying to put words into my mouth.

      I never said anything was being "pushed on" me. I never said anything
      was being "imposed on" me. I said an agenda was being pushed.
      Stallman and company have an agenda, and the GPL is their instrument
      of choice for pushing that agenda.

      Comment

      • Ed Jensen

        #18
        Re: wxPython Licence vs GPL

        Grow up, Steven.

        Comment

        • Robert Kern

          #19
          [OT] Enough! [was: wxPython Licence vs GPL]

          Take your off-topic argument off-list.

          --
          Robert Kern
          robert.kern@gma il.com

          "In the fields of hell where the grass grows high
          Are the graves of dreams allowed to die."
          -- Richard Harter

          Comment

          • Peter Hansen

            #20
            Re: wxPython Licence vs GPL

            Steven D'Aprano wrote:[color=blue]
            > Really? So when I take my GPLed software, and legally install it on
            > 100 PCs without paying one single cent for licence fees, it isn't free of
            > cost?
            >
            > You a living in a strange and mysterious world, where things that cost
            > nothing aren't free.[/color]

            Many definitions of "cost" include things that go beyond mere *monetary*
            value.

            Watching a given program on TV might be called "free" by some, but if I
            have to suffer through commercials I don't consider it free. Heck, I
            despise MSN Messenger and avoided the "free" Opera** because they aren't
            "free" for me, loaded with advertisements that flash in my face and
            distract me all the time.

            I'm just highlighting how discussions of this nature which spend a lot
            of time revolving around narrow and non-shared definitions of words can
            really waste a lot of time...

            -Peter

            ** Apparently I'm not alone as I understand the latest Opera is entirely
            "free" of advertisements as well.

            Comment

            • Steven D'Aprano

              #21
              Re: wxPython Licence vs GPL

              Ed Jensen wrote:
              [color=blue]
              > Paul Boddie <paul@boddie.or g.uk> wrote:
              >[color=green]
              >>It's interesting that you bring this tired thought experiment up in the
              >>context of the original remark: "Its license is far more "free" than
              >>GPL is." If we were focusing on the "vox pop" interpretation of the
              >>word "free", that remark wouldn't make any sense at all: after all,
              >>what's more gratis than gratis (to use a less ambiguous word)?[/color]
              >
              >
              > My only intention was to point out that "Free Software" is a rather
              > misleading term.
              >
              > I still think of the term "Free Software" as false advertising.[/color]


              I'm FREE to use the software, FREE to redistribute it,
              FREE to give it away, FREE to make derivative works,
              FREE to transfer the licence, *and* I got it FREE of
              cost as well, but that doesn't make it free.

              Not on Bizarro World at least.



              --
              Steven.

              Comment

              • Steven D'Aprano

                #22
                Re: wxPython Licence vs GPL

                Ed Jensen wrote:
                [color=blue]
                > Grow up, Steven.[/color]

                Sure -- when you convince me that products that are
                FREE of cost and allow FREE usage is "not free", I'll
                stop pointing out that your claims that FREE software
                is "false advertising" are incoherent.


                --
                Steven.

                Comment

                • Steven D'Aprano

                  #23
                  Re: [OT] Enough! [was: wxPython Licence vs GPL]

                  Robert Kern wrote:[color=blue]
                  > Take your off-topic argument off-list.[/color]

                  You don't think questions of the legality of when and
                  how you can write and distribute Python programs are of
                  interest to Python developers?

                  Fair enough I suppose. Who cares what the licences say,
                  we're all just going to break them anyway.


                  --
                  Steven.

                  Comment

                  • bonono@gmail.com

                    #24
                    Re: wxPython Licence vs GPL


                    Steve Holden wrote:[color=blue]
                    > Whether or not some fragments of code remain unchanged at the end of
                    > your project, if you start out with a piece of source code lifted from
                    > wxPython then what you have created is definitely a "derivative work"
                    > and, as such, you must take into account the wxPython license in your
                    > licensing of the derivative work.
                    >[/color]
                    Is that true ? What if I remove/replace the copyright doubtful portion
                    with another implementation ? I believe this happens all the time in
                    commerical software sue too.

                    Comment

                    • Robert Kern

                      #25
                      Re: [OT] Enough! [was: wxPython Licence vs GPL]

                      Steven D'Aprano wrote:[color=blue]
                      > Robert Kern wrote:
                      >[color=green]
                      >>Take your off-topic argument off-list.[/color]
                      >
                      > You don't think questions of the legality of when and
                      > how you can write and distribute Python programs are of
                      > interest to Python developers?[/color]

                      The OP's question certainly was on-topic. The argument over whether the
                      GPL is "freer" than some other license is not. It doesn't even fit the
                      description you give above. I don't mind off-topic threads so much, but
                      when they devolve into mere shouting matches like this one, they need to
                      be taken into private email or some other appropriate forum.

                      --
                      Robert Kern
                      robert.kern@gma il.com

                      "In the fields of hell where the grass grows high
                      Are the graves of dreams allowed to die."
                      -- Richard Harter

                      Comment

                      • Steve Holden

                        #26
                        Re: wxPython Licence vs GPL

                        bonono@gmail.co m wrote:[color=blue]
                        > Steve Holden wrote:
                        >[color=green]
                        >>Whether or not some fragments of code remain unchanged at the end of
                        >>your project, if you start out with a piece of source code lifted from
                        >>wxPython then what you have created is definitely a "derivative work"
                        >>and, as such, you must take into account the wxPython license in your
                        >>licensing of the derivative work.
                        >>[/color]
                        >
                        > Is that true ? What if I remove/replace the copyright doubtful portion
                        > with another implementation ? I believe this happens all the time in
                        > commerical software sue too.
                        >[/color]
                        Well I suppose I'd argue that if you include a piece of source code and
                        then remove it, your product didn't really "start out" with it, but this
                        is mere detail.

                        The thrust of my original remarks was to try to persuade the OP that the
                        original comment about changing the code was ingenuous. If you take some
                        code under license as a starting point then even if no line of code
                        remains unchanged at the end of the process your code is arguably a
                        derivative work of the original.

                        regards
                        Steve
                        --
                        Steve Holden +44 150 684 7255 +1 800 494 3119
                        Holden Web LLC www.holdenweb.com
                        PyCon TX 2006 www.python.org/pycon/

                        Comment

                        • Mike Meyer

                          #27
                          Re: wxPython Licence vs GPL

                          "bonono@gmail.c om" <bonono@gmail.c om> writes:[color=blue]
                          > Steve Holden wrote:[color=green]
                          >> Whether or not some fragments of code remain unchanged at the end of
                          >> your project, if you start out with a piece of source code lifted from
                          >> wxPython then what you have created is definitely a "derivative work"
                          >> and, as such, you must take into account the wxPython license in your
                          >> licensing of the derivative work.[/color]
                          > Is that true ? What if I remove/replace the copyright doubtful portion
                          > with another implementation ? I believe this happens all the time in
                          > commerical software sue too.[/color]

                          In general, if you can show you removed all the licensed code that was
                          in your code, and replaced it with software from another source,
                          you're cool. That's how the BSD distributions came about - Berkeley's
                          Computer Systems Research Group rewrote pretty much all of Unix.

                          However, you're still liable to be sued. CSRG was, which is part of
                          why BSD languished while Linux was taking off. It's also why the
                          previous paragraph is a gross oversimplificat ion. The court case
                          didn't establish a real precedent, as it turned out AT&T was
                          distributing code that belonged to CSRG in violation of the BSD
                          license. So they reached a settlement in which CSRG was allowed to
                          distribute a tape that had most of a Unix sytem on it, a few key files
                          that AT&T claimed as their own being withheld. This is the "BSD Lite"
                          distribution that the *BSD systems and parts of OS X are based on. All
                          this backstory made the SCO barratry much more entertaining.

                          <mike
                          --
                          Mike Meyer <mwm@mired.or g> http://www.mired.org/home/mwm/
                          Independent WWW/Perforce/FreeBSD/Unix consultant, email for more information.

                          Comment

                          • Steven D'Aprano

                            #28
                            Re: wxPython Licence vs GPL

                            Steve Holden wrote:
                            [color=blue]
                            > The thrust of my original remarks was to try to persuade the OP that the
                            > original comment about changing the code was ingenuous. If you take some
                            > code under license as a starting point then even if no line of code
                            > remains unchanged at the end of the process your code is arguably a
                            > derivative work of the original.[/color]

                            "Derivative work" is not a well-formed concept. Many
                            copyright lawyers have made many fortunes arguing
                            whether or not this work or that work is a derivative
                            work of some other.



                            --
                            Steven.

                            Comment

                            • bonono@gmail.com

                              #29
                              Re: wxPython Licence vs GPL


                              Mike Meyer wrote:[color=blue]
                              > "bonono@gmail.c om" <bonono@gmail.c om> writes:[color=green]
                              > > Steve Holden wrote:[color=darkred]
                              > >> Whether or not some fragments of code remain unchanged at the end of
                              > >> your project, if you start out with a piece of source code lifted from
                              > >> wxPython then what you have created is definitely a "derivative work"
                              > >> and, as such, you must take into account the wxPython license in your
                              > >> licensing of the derivative work.[/color]
                              > > Is that true ? What if I remove/replace the copyright doubtful portion
                              > > with another implementation ? I believe this happens all the time in
                              > > commerical software sue too.[/color]
                              >
                              > In general, if you can show you removed all the licensed code that was
                              > in your code, and replaced it with software from another source,
                              > you're cool. That's how the BSD distributions came about - Berkeley's
                              > Computer Systems Research Group rewrote pretty much all of Unix.
                              >
                              > However, you're still liable to be sued. CSRG was, which is part of
                              > why BSD languished while Linux was taking off. It's also why the
                              > previous paragraph is a gross oversimplificat ion. The court case
                              > didn't establish a real precedent, as it turned out AT&T was
                              > distributing code that belonged to CSRG in violation of the BSD
                              > license. So they reached a settlement in which CSRG was allowed to
                              > distribute a tape that had most of a Unix sytem on it, a few key files
                              > that AT&T claimed as their own being withheld. This is the "BSD Lite"
                              > distribution that the *BSD systems and parts of OS X are based on. All
                              > this backstory made the SCO barratry much more entertaining.
                              >[/color]
                              Thanks, I was just trying to clarify it. As my initially understanding
                              of Steve's post is that your work would be perpetual derivative work
                              which doesn't sound too convincing for me.

                              As for the liability, that is for sure, withness what is happening for
                              the linux kernel.

                              Comment

                              • Steve Holden

                                #30
                                Re: wxPython Licence vs GPL

                                Steven D'Aprano wrote:[color=blue]
                                > Steve Holden wrote:
                                >
                                >[color=green]
                                >>The thrust of my original remarks was to try to persuade the OP that the
                                >>original comment about changing the code was ingenuous. If you take some
                                >>code under license as a starting point then even if no line of code
                                >>remains unchanged at the end of the process your code is arguably a
                                >>derivative work of the original.[/color]
                                >
                                >
                                > "Derivative work" is not a well-formed concept. Many
                                > copyright lawyers have made many fortunes arguing
                                > whether or not this work or that work is a derivative
                                > work of some other.
                                >
                                >
                                >[/color]
                                Hence my use of the word "arguably".

                                regards
                                Steve
                                --
                                Steve Holden +44 150 684 7255 +1 800 494 3119
                                Holden Web LLC www.holdenweb.com
                                PyCon TX 2006 www.python.org/pycon/

                                Comment

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