Re: [ox-en] Re: Property, scarcity, selbstentfaltung
- From: Rich Walker <rw shadow.org.uk>
- Date: 06 Mar 2003 01:52:23 +0000
[Background: I'm technical director of a small company. I'm also quite
passionate about things like GPL'd software, and I'm annoyed I have to
describe it as Open Source to lots of people - in fact, like mentioning
the Great Architect or the Invisible College served in a past age, I use
GPL as one of those "check the background" things to run past people]
I'm replying to this without checking the context - apologies..
Stefan Merten <smerten oekonux.de> wrote:
I think this is not true.
I think it's at least true for the current practice. But you're right
when looking at some extreme cases.
I'm not sure how you can say that. As far as I can tell, no figures exist
for how much GPL'd private work is done. I agree with your later assertion
that your statement is probably correct (or as near as damnit) for
publicly-published free software, but that's not quite what the oekonux text
said. Maybe a little tweak makes it right, then?
[...]
AFAIK an Apple license forces you to return your modifications to the
public IIRC.
In most cases, yes. That is why it is not a free software licence. [Aside:
why do Germans speak USian? What have you got against English English? ;-) ]
[...]
A more interesting example is the class of Free Software written on
base of a contract.
I think this is just a subclass of the "GPL sell-off" case.
In this case neither the copyright holder nor the licensee (i.e. the
customer) may be interested in making it publicly available. But then -
why bother putting it under the GPL in the first place? If later one of
both parties makes another decision the license is important again.
The main reason the commissioner of the work may want it under the GPL is to
avoid being tied to the one commissionee for all future derivative works.
Reasons for contract code to be GPL'd:
1. Neither of us can steal it.
2. Both of us have to tell the other about modifications before
redistribution.
Both of these are very important reasons.
The GPL does not "give up" or "abandon" property rights. [...]
Actually, I'm annoyed with myself for writing those words. Interesting
point about creating some new analagous rights, though, so I guess I
shouldn't be too unhappy.
GPL establishes what might be called "commons rights" - you have the
right to benefit from a public good, and all other users have the right
to expect you to contribute improvements. It's kind of like one of those
organic scupltures at festivals - feel free to enjoy *and* improve.
It merely tries to use them in a particular way, to try to encourage
progress in programming, like most copyright laws were intended to do for
creativity.
I'd like to see some evidence for this oft-repeated charge about
copyright. Remember - the thing money gives you is private law. When a
law is passed, the onus is on the defenders of the law to show it is of
honest intent; the citizen can safely assume it is the result of an
attempt to defraud the polis.
That is the Open Source Initiative view on it. Saying it in Oekonux
words they say: Open Source is the best way to do it so this should be
the way it is done. Stallman has a different approach here. [...]
Umm; Open source says (to me, in my management role):
Here is a collection of fools, gulls and marks who do work for
you for free. Help yourself to their product, and watch your
bottom line fatten.
GPL says (to me, same role):
Cr p. They got a lawyer. I'll have to put in as I take out.
The *best* way [best, as in "most efficient"] to do it involves everyone
involved putting back where they discover need or reason to do so - this
covers the spectrum from bugfixes to ports and new features.
What do you see that approach as? The above idea is taken more or less
directly from Stallman's speech "Copyright vs. Community in the Age of
Computer Networks" delivered at QMU London. I think a similar talk was
given in Stuttgart. http://www.gnu.org/philosophy/audio/audio.html#QMUL2002
OSI view? Nasty insult ;-)
hth
cheers, Rich
--
rich walker | technical person | Shadow Robot Company | rw shadow.org.uk
front-of-tshirt space to let 251 Liverpool Road |
London N1 1LX | +UK 20 7700 2487
_______________________
http://www.oekonux.org/