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Re:We Love GPLv3, but Are Switching License to Apache 2.0 by teddyh on Tuesday December 08, 2020 @05:51PM (#25352623)
> the GPLv3 was simply far too scary for companies.

The FSF made a huge effort to make GPLv3 not scary. They tried to involve absolutely everyone, and tried to take everyone’s concern into account. The GPLv3 was made to be not scary.

The GPLv3 instead became “scary” not because anything scary in it, but because of a huge FUD campaign from large companies who didn’t want people to switch from GPLv2 to GPLv3, since the companies wanted to keep exploiting the loopholes in the old v2. For those old enough to remember, this was mostly the same old FUD campaign against the GPL (any GPL) versus a permissive license, many years before that. But, largely thanks to Linux, the GPL slowly won over that old batch of FUD. With the GPLv3, however, the opportunity was there to start it all up again. The GPLv3 is slowly winning against the FUD this time too, but it hasn’t prevailed yet, and Linux is not here to help this time.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by xenadu02 on Tuesday December 08, 2020 @08:51PM (#25354398)
If by "involve everyone" you mean "ignore the many many companies that said the current GPLv3 is a non-starter and will entirely end our involvement" then sure.

They decided to pick an ideological bone on purpose. That's fine, it's their right. But it was a deliberate decision knowing the consequences.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by gcblkjaidfj on Tuesday December 08, 2020 @09:00PM (#25354465)
FSF picked the bone that needed to be picked. Well, they should have addressed tainted linux kernel firsts... but oh well.

It is ironic (and sad) how people here campaigning against GPLv3 are all happy and warm when they realize they can download the driver and kernel sources for their modem, phone, rPI or whatever device.

But then if someone want to even suggest the same thing for digital products, then, no, it's the end of the world.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by jancsika on Tuesday December 08, 2020 @10:03PM (#25354840)
> The FSF made a huge effort to make GPLv3 not scary.

If they were serious about that effort, the metric would have been a simple boolean: "Will the Linux kernel make the switch?" That's got to be your most visible, most well-funded GPLv2 project in existence.

If no (and it was a resounding no according to Linus' very public rant at a Debconf a few years back) then the license would almost by definition appear to be "scary" from the outset. The only exception would be some very rare edge case in Linux that makes it impossible to switch. In reality-- again, at least according to Linus-- it was a complete breakdown in trust between a holder of the old license and the organization writing the new one.

I don't know the intricate details, but it's clearly a bigger problem than "large companies" spreading FUD.

Edit: clarification

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by cycloptic on Wednesday December 09, 2020 @01:21AM (#25355889)
FWIW the situation is not quite as bad as Linus implies. He may personally dislike GPL3 but that doesn't appear to reflect the opinions of the entire project. A license analysis of the current mainline Linux source shows that roughly 30%-40% files in the kernel are already GPL3 compatible because they're either licensed as GPL-2.0-or-later or dual licensed as MIT or BSD. (I don't have exact statistics on this, it's a rough estimate from a non-exhaustive SPDX audit. You can reproduce by simply grepping through the source for license identifiers) This can happen because individual kernel developers can contribute using whatever license they like as long as it's compatible with GPL2 for a binary distribution. Additionally, Linus and several other kernel developers did decide to adopt the termination provisions from GPL3 not too long ago [0].

Based on this, I don't think it's accurate to say that the kernel developers are currently opposed on the whole to GPL3, or at least to some of the ideas in it anyway. If the stance of some developers was "we'll upgrade the license if you remove all the extra provisions except the termination ones" then it seems obvious why that is a no-go from the perspective of everyone else.

[0]: https://www.kernel.org/doc/html/latest/process/kernel-enforc...

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by jancsika on Wednesday December 09, 2020 @12:41PM (#25361253)
To be clear-- I didn't get the sense from Linus' rant that he's opposed to GPLv3 at all.

His beef seemed to be with a discussion with the FSF about compatibility of licenses. From what I gathered from the rant:

* Linus made clear to the FSF that he wanted a license for the Linux kernel that did not include the anti-tivoization clause. His desire as I understand it is that his project gives a licensee the code, they give back changes to the code, and that is as far as he wants the license to go. GPLv2 is a perfect fit for that. (Aside from whatever legal desiderata is required for such a license to be practical/sensible in the first place to achieve this, and I'm assuming that's what those two clauses you quoted are about.)

* Linus claims the FSF told him he could "invalidate the tivoization clause" as a solution to his stated goals. But, according to Linus, that would create a mess since someone could fork and write drivers under the full GPLv3 (which is compatible with the version that doesn't contain the tivoization clause), and as Linus states, "Where does that leave me?" He could end up in situations Linux is unable to accept the changes without asking the driver writer to re-license the thing under GPLv3-minus-tivoization for upstream inclusion. (Furthermore, the more popular GPLv3 becomes, the worse this problem would get!) But his whole purpose in GPLv2 was to make a simple "code-goes-out-and-changes-come-back-in" deal with other developers, end of story. So that clearly doesn't fit his use case.

* His central claim isn't that GPLv3 is bad, or even that GPLv3 doesn't fit his needs. Rather, he claims that FSF misrepresented the license and its compatibility with the GPLv2 in their discussion with him behind closed doors.

Of course that's just his allegation, and I haven't seen an email chain to confirm anything. But that allegation alone is enough to call into question the idea that the history of GPLv3 adoption is only scary due to FUD from companies.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by tytso on Wednesday December 09, 2020 @06:47PM (#25367237)
There were a lot more concerns than just that. I refer you to:

https://lwn.net/Articles/200422/

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by cyphar on Tuesday December 08, 2020 @11:38PM (#25355420)
It was never going to be possible for Linux to switch, so it's honestly a bit of a moot point. By 2007, the overwhelming majority of copyrights were not held by Linus and lots of the code was already licensed as GPLv2-only (not to mention that tracking down copyright holders pre-Git would've been basically impossible -- and that's before you start worrying about bankrupt companies or people who've passed away). Switching licenses is incredibly hard, and in my view it was a mistake to make GPL upgrades opt-in (they should've been opt-out as is the case with the Mozilla Public License).

I also broadly disagree with the argument that if the Linux community (or in this case, Linus) is against something then it is not a reasonable thing to put in the GPL. A reminder that the official policy of the Linux Foundation and lead maintainers is to avoid GPL enforcement at all costs[+] -- meaning that by this reasoning, the GPLv2 having any enforcement provisions at all is "too scary".

[+] GregKH has spoken on this quite a few times. I don't disagree with their view that enforcement reduces the chance of recurring contributions (which is what they actually care about), but it does mean that Linux's usage of the GPLv2 is more akin to MIT but with some extra public shaming if a company doesn't provide sources.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by cycloptic on Wednesday December 09, 2020 @01:47AM (#25356005)
The LLVM relicense shows that it is actually possible for a large project with distributed ownership to switch licenses given there is enough motivation to do so. From what I understand as a non-lawyer, situations with this old code where the copyright owners can't be tracked down is undesirable for a number of reasons and they may need to rectify that eventually anyway. (I believe it can be seen as a liability)
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by jancsika on Wednesday December 09, 2020 @12:56PM (#25361423)
> It was never going to be possible for Linux to switch, so it's honestly a bit of a moot point.

It wasn't moot because:

* the FSF apparently attempted to convince Linux devs that the GPLv3 could be compatible with Linus' intended use of GPLv2

* Linus has publicly claimed they were mendacious in his communication with them

That's not a great starting point for adoption of a new license. And while I'm sure there was also plenty of self-serving FUD coming from companies about the GPLv3, this ain't that.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by sam_bristow on Tuesday December 08, 2020 @11:34PM (#25355395)
The fact that the Linux kernel removed the "or later version" from the licence and doesn't do copyright assignment make it impossible to switch to anything other than GPLv2.

You'd need to get every single person who'd contributed to agree. Even if they're dead.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by chithanh on Tuesday December 08, 2020 @11:51PM (#25355484)
It's not that insurmountable. Each release, large parts of the kernel get rewritten anyway. Lots of kernel code is copyrighted by companies now.

So yes, it will probably take too much time and effort and give too little benefit to be practical, but impossible? No.

> Even if they're dead.

If they are dead, their copyrights are held by someone else now who can be asked.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by cyphar on Wednesday December 09, 2020 @12:05AM (#25355558)
> Each release, large parts of the kernel get rewritten anyway.

That's not really true, and if code is being modified rather than completely replaced it is probably a derivative work of the original code (meaning the license is still GPLv2). The only practical way to make sure the license change is legitimate is to get permission from every single copyright holder.

> Lots of kernel code is copyrighted by companies now.

And some of those companies may have gone bankrupt or been dissolved which puts you in a similar situation to a contributor who has died, except it may be even harder to figure out who exactly owns the copyrights.

> If they are dead, their copyrights are held by someone else now who can be asked.

Even if you figure out who owns the copyrights, do you really think you'll be able to convince every single bereaved spouse, sibling, or child to "relicense your dearly departed [father/mother/wife/husband/brother/sister]'s contributions to Linux to GPLv3"? I envy your optimism.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by jancsika on Wednesday December 09, 2020 @01:01PM (#25361487)
That's a good point. But then it immediately brings up the question: if that's the case, why would the FSF have been in communication with the Linux kernel peeps with regard to license compatibility and potential upgrade? I can understand getting input from them on the upcoming GPLv3, but not an effort trying to convince them to adopt it.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by ndesaulniers on Tuesday December 08, 2020 @11:02PM (#25355189)
> it was a resounding no according to Linus' very public rant at a Debconf a few years back

This one? https://www.youtube.com/watch?v=PaKIZ7gJlRU&t=241

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by jancsika on Wednesday December 09, 2020 @01:12PM (#25361666)
Yes, thanks for the link.

Digression-- I'm sure the FSF doesn't appreciate it, but there is something very disarming about Linus ending his rant calling the entire FSF "bigoted people," and then immediately following it with, "I may have overstated that a bit."

It's a very unprofessional and risky way to joke around, especially after making the accusations he made minutes before. But the fact that you can hear how the room laughs and carries on after he essentially calls himself a "drama queen" tells you that pretty much everyone understood the upshot (whether or not they appreciated the joke).

That makes me think that of how rotten online communication is. In person, a maintainer of one of the biggest open source projects can call an entire organization one of the worst insults, and probably none of the members of that organization in attendance even considered interrupting him. Yet HN needs a "cool down" period to keep participants arguing about semicolons from throwing their device at the wall.

Edit: typo

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by bosswipe on Tuesday December 08, 2020 @07:20PM (#25353591)
Also I think GCC's loss of prominence due to LLVM hurts the pull of the whole GPL ecosystem.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by xyzzy_plugh on Tuesday December 08, 2020 @09:05PM (#25354487)
Isn't this the other way around? LLVM makes it easy to embed parts of the project into IDEs, linters, etc.

My understanding was that Stallman continually fought to keep GCC difficult to avoid linking with if you wanted to use parts of it.

As I see it, once LLVM became competitive with GCC, adoption quickly accelerated due to liberal licensing.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by girvo on Tuesday December 08, 2020 @10:52PM (#25355122)
Maybe I’m misunderstanding but it seems you’re totally in agreement!
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by sneak on Tuesday December 08, 2020 @06:31PM (#25353069)
Not everyone agrees that the freedom to start a SaaS business with GPL software is a "loophole".
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by rakoo on Tuesday December 08, 2020 @07:10PM (#25353499)
The GPL has no element saying it can't be used to start any kind of business, and I don't think any of its defenders has ever said the GPL's goal is to suppress that freedom. It seems the FUD is still going strong.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by sneak on Tuesday December 08, 2020 @10:50PM (#25355106)
The same people who made the GPL use the term "ASP loophole" and made the AGPL.

Not everyone agrees that the freedom to make a SaaS business with a private GPL fork is a loophole or bug. It seems (from their creation of the AGPL and use of terms like "ASP loophole") that the GPL people do.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by kmeisthax on Wednesday December 09, 2020 @12:56AM (#25355769)
AGPL isn't pro- or anti-SaaS, though. It just says that you have to provide sources to anyone you grant access to the software over a network. So if you host an AGPL database for someone else, they need access to the source code for that database somehow. But it doesn't prohibit you from hosting the database at all.

It's the perfect license for MongoDB and all these other companies trying to keep Amazon from taking their software and proprietarizing it... but instead they make weirdly restrictive one-off licenses nobody are going to contribute to.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by sneak on Wednesday December 09, 2020 @01:39AM (#25355971)
AGPL restricts developer freedom simply because they launched a webserver on the same machine. There is a legitimate logical argument that the AGPL is not free software.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by Pet_Ant on Wednesday December 09, 2020 @09:05AM (#25358541)
Copt-left licenses are about preserving the users’ freedom. If we want to maximize developers’ freedom then the freest license is proprietary code where you own all the rights and then you can do anything you want and nobody can do anything about it.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by kmeisthax on Wednesday December 09, 2020 @09:30AM (#25358806)
No, the license that maximizes developer freedom is a permissive license, like Apache, MIT, BSD 3-clause etc. That lets you mix your code with either a proprietary or a copylefted project. Since a lot of Free Software is written by people who just want to solve a problem for themselves, they often just pick the permissive license.

Proprietary code is actually the most restrictive to both users and developers. That's because you can't legally mix proprietary code without a license at every step of the way. Any significantly large proprietary project becomes a mass of third-party dependencies with all sorts of license restrictions that your company is probably ignoring and breaking. Even if you follow all the tenants of those licenses, you don't own your code at the end. A Node-style mess of dependencies becomes ten times worse when each dependency has license restrictions attached to it.

In other forms of media, you generally don't see people try to license 30-50 different properties all at once for the same work, because that means nobody owns anything and the work will be really hard to market internationally. Software almost demands this sort of dependency soup, however, which creates all sorts of unique preservation problems. Whenever a large software project (or game engine) is discontinued, a lot of people wonder why the company who wrote it doesn't just release the code as Free for third parties to maintain. The answer is that in most cases, it's not their code to release.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by webmobdev on Wednesday December 09, 2020 @12:28PM (#25361094)
> the license that maximizes developer freedom is a permissive license, like Apache, MIT, BSD 3-clause etc.

Depends on what open source philosophy you support - do you believe users should have the right to look at your source code, modify it, and share the modifications with others? In that case only an open source license like the GPL, that protects the USERS right meets this requirement.

Every developer is also a user of their product. Thus, protecting the rights of the USER, automatically protects the rights of the developer too, to further study, develop and customise their code further. On the other hand, permissive license can restrict developers, as others can close-source your open-source work.

If all you want is recognition and credit for your work, then permissive open source licenses are definitely better.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by rakoo on Wednesday December 09, 2020 @12:55PM (#25361411)
So you're using the world "developer" not as the one creating the project, but as the one retrieving it and modifying it. That's actually what licenses call "users", and copyleft licenses improve your liberties by maximizing the amount of projects that are Free.

What copyleft licenses prohibit is distributing software with less freedom than what you had when you received it, whether you modified it or not. But that's not a developer's issue, that's an issue for someone that hopes to gain something from restricting freedom.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by Iolaum on Wednesday December 09, 2020 @02:28AM (#25356209)
The whole idea behind copyleft, hence free software as Stalman envisioned it, is to restrict the developer's freedom in favour of the user freedom.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by posguy on Wednesday December 09, 2020 @12:19AM (#25355621)
Not everyone has trouble with AGPLv3 being the core of their SaaS business.

Just because your core business software is AGPLv3 doesn't mean any other business will be able to build a coherent business model atop it, look at Kazoo by 2600Hz or Iris by Lowes.

Knowing how to properly configure and maintain said code in production, creating integrations with third party vendors (that your competition likely can't interact with on the same terms) and marketing to build mindshare among potential customers is a common way to offer your core software as AGPLv3 yet have no competitors or few competitors use your core software.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by Dylan16807 on Wednesday December 09, 2020 @12:53AM (#25355763)
But the comment you replied to was about the v2->v3 loophole fixing. That has nothing to do with AGPL, it's about bootloader locking.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by chimeracoder on Tuesday December 08, 2020 @07:16PM (#25353560)
> Not everyone agrees that the freedom to start a SaaS business with GPL software is a "loophole".

Neither GPLv3 nor GPLv2 prohibit this.

You're thinking of the AGPL, the first version of which was based on the GPLv2 and released in 2002, years before the FSF announced that they were even beginning work on the GPLv3.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by kazagistar on Wednesday December 09, 2020 @01:19AM (#25355878)
Thats wrong too. If you use an unmodified version of AGPL software, or just host any modifications in a public repository like github, then you aren't in violation of AGPL, even if the rest of your stack is proprietary and your service paid. How does it prevent SaaS?
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by cma on Tuesday December 08, 2020 @07:31PM (#25353679)
The reason people confuse it is because early work on GPLv3 was going to include similar clauses but they were later abandoned.
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by ckocagil on Tuesday December 08, 2020 @07:16PM (#25353561)
Are you thinking of AGPL instead of GPLv3?
Re:We Love GPLv3, but Are Switching License to Apache 2.0 by rakoo on Tuesday December 08, 2020 @08:21PM (#25354137)
AGPL, like any version of GPL (and most if not all open source licenses) does not prohibit anyone from starting a business. It's weird this FUD is still spreading after all this time, after all the debates the community has had already.

AGPL does have restrictions, and it's anyone's preference as to whether they're good or bad, but there has never been an intent to forbid businesses. If anything it's the recent RedisLabs' modules license and the SSPL-style licences that do it: they explicitely contains the wording to indicate that the product can't be used to create a similar product and offer it as a service. Heck, the SSPL says (https://www.mongodb.com/licensing/server-side-public-license):

"If you make the functionality of the Program or a modified version available to third parties as a service, you must make the Service Source Code available via network download to everyone at no charge, under the terms of this License"

The AGPL tells you that if a user asks for the source code, you must give it to them and them only. The SSPL says that the source code must be publicly available to all, at no cost. It was created specifically to prevent competitors to run MongoDB as a Service. Surely if they had to change it's because the previous license did authorize competitors to do it. Wanna take a guess what the previous license was ?

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by xyzzy_plugh on Tuesday December 08, 2020 @09:07PM (#25354496)
I can count the number of remotely successful businesses built on AGPL software on one hand.

The AGPL doesn't prohibit starting a business, it makes starting a business prohibitive.

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by posguy on Wednesday December 09, 2020 @12:28AM (#25355664)
OwnCloud, NextCloud, Linphone (their pricelist starts in the 5 figures for support!), etc all run successful businesses off AGPLv3 code. Amazon is notorious for turning AGPLv3 projects and products into SaaS services!

Look at all the SaaS offerings of MongoDB (formerly AGPLv3): https://news.ycombinator.com/item?id=19362919

AGPLv3 doesn't make starting a business prohibitive, arguably forks like NextCloud would not exist if AGPLv3 did not compel codebase users to publish the additional code they wrote to extend OwnCloud

Re:We Love GPLv3, but Are Switching License to Apache 2.0 by hnarn on Tuesday December 08, 2020 @06:42PM (#25353195)
I wonder when this idea really started propagating, was it around when AWS came along? Because by a technical definition I don’t understand why this “loophole” wouldn’t also apply to a hypothetical web host back in the late 90s.