From fsb-return-5394-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 15 21:58:53 2001
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Subject: Who is Leon Stambler?
To: fsb@crynwr.com
From: Ben_Tilly@trepp.com
Date: Thu, 15 Mar 2001 16:47:23 -0500
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And what is the status of his many lawsuits?

Leon Stambler has a list of patents he claims in the US related to online
cryptographic transactions.  In a brief search I turned up US patents
5524073, 5555303, 5646998, 5793302, 5936541 and 5974148.  What he has done
is not patent the encryption mechanism, but rather he has patented the
basic handshake you need in a transaction where both sides authenticate
themselves to each other.  Any useful cryptographic transaction needs to
use some sort of handshake, so he can claim that his patents cover SSL,
SET, and so on.  He is contacting and threatening people and companies
based on this.

I cannot believe that these would stand up in court, and I am amazed that I
hadn't heard of this guy before.  A standard search turned up very little
as well.  A couple of lines in Crypto-Gram, a couple of mails on a firewall
list, that kind of thing.

However we have a client who has had a brush with him, and wants us to sign
a legal indemnification.  So I am wondering if anyone has more background
on him, knows whether any cases went to court, that kind of thing.

Also how has he managed to threaten people with lawsuits, yet still avoid
wider publicity?

Thanks,
Ben


From fsb-return-5395-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 15 22:45:25 2001
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on Thu, Mar 15, 2001 at 04:47:23PM -0500, Ben_Tilly@trepp.com (Ben_Tilly@tr=
epp.com) wrote:
> And what is the status of his many lawsuits?
>=20
> Leon Stambler has a list of patents he claims in the US related to online
> cryptographic transactions.  In a brief search I turned up US patents
> 5524073, 5555303, 5646998, 5793302, 5936541 and 5974148. =20

And 5,267,314, plus D290,548 and RE31,302.

If Greg and Tim are still on speaking terms after P2PCon, there's been
some coverage in PATNEWS, Greg Aharonian's patent and IP newsletter,
since April of last year:

    !20000411  Let's bust Stambler;  Boycott AOL's patent of 1-search
    shopping?
									      =20
    An inventor named Leon Stambler is claiming to have invented all of
    Internet security in 1992, based on his patents 5267314, 5524073,
    5555303, 5646998, 5793302, 5936541 and 5974148.  With the PTO unable to
    examine security patents as well as, well everything else in software,
    Stambler has a nice collection of crappy patents for which he will
    probably end up "techsearching" many companies (extorting by asking for
    $30,000 license fees).  Anyways, his lawyers are sending out letters of
    accusation, one victim of which wants me to do a patent bust.  Anyone
    else who wants to buy in as well, please contact me.

		    ----------------------------------------

    !20000614  Stambler; CNet patent; Microsoft patent; Bournemouth IP cent=
re  =20

	--  STAMBLER ASSERTION STARTING TO HEAT UP

    Much like everyone else, I have been real busy as of late (which is why
    PATNEWS has become rather boring).  However I am gearing up to have a go
    at the Stambler patents - apropos in light of a new round of letters of
    notice being sent out.  Call me if you are interested, or already called
    me and promised to send me a letter.

		    ----------------------------------------

    !20001017  Stambler; Nicotine; Bio IP rights; ants & antibiotics

    RE STAMBLER: But first, once again, any lawyers interested in getting
    into a joint effort to seek out prior art to crush the Stambler patents
    on behalf of your client, please contact me.  I am getting another wave
    of nibbles, maybe this time enough will be willing to act.  This is my
    last time trying to pull this off.

		    ----------------------------------------

    !20010221  Crushing Napster Part II: Bad P2P ethics

    (NOTE: I am doing a Stambler bust.  Once you translate the claims into
    regular English, their claims are pretty much crap.  A 1990s attempt to
    claim 1980s technology, much like Rozmanith, and all of the upcoming P2P
    patent filings. Anyone interested in buying in, email me.)=20

		----------------------------------------

Greg's info:

    Greg Aharonian
    Internet Patent News Service
    www.bustpatents.com/subscribe.htm
    clients@bustpatents.com

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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From fsb-return-5396-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 20 15:57:20 2001
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Subject: FW: Help - Open CTO position
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How do I fill an open source CTO position?  Are there better or worse 
places to look?


Paul B. Munsterman
Futurestep (An offering of Korn/Ferry International)
333 West Wacker Drive, Suite 470
Chicago, IL  60606
ph:  312-377-0856
fx:  312-377-0835
mailto:paulm@futurestep.com

Find out what motivates you at www.futurestep.com

From fsb-return-5397-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 20 17:30:45 2001
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   From: "Munsterman, Paul" <PaulM@futurestep.com>
   Date: Tue, 20 Mar 2001 07:51:16 -0800
	   charset="iso-8859-1"

   How do I fill an open source CTO position?  Are there better or worse 
   places to look?

This list might even be a good place to look.

Brian

http://www.metahtml.org/~bfox/resume.mhtml
== The Difference Between Cultures: ==
    Einigkeit und Recht und Freiheit
    Liberte', E'galite', Fraternite'
    Sex, drugs and rock'n'roll

From fsb-return-5398-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 20 21:07:10 2001
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 Workshop
on                                                                
 GLOBAL GOVERNANCE OF
TECHNOLOGY                                            
 Meeting the Needs of Developing
Countries                                  
                                                                            
 Workshop
Homepage:                                                         

http://www.cid.harvard.edu/cidbiotech/globalgovconf/index.htm              
 Tentative
Program:                                                         

http://www.cid.harvard.edu/cidbiotech/globalgovconf/ggtprogram.htm         

Registration:                                                              

http://www.cid.harvard.edu/cidbiotech/globalgovconf/ggtreg.htm             
                                                                            
                                                                            
 Organized by
the                                                           
 Belfer Center for Science and International Affairs, Harvard
University    
 Center for International Development, Harvard
University                   
                                                                            
                                                                            
 Cambridge,
Massachusetts                                                   
 20-21 April
2001                                                           
                                                                            
                                                                            
 Contact: Calestous Juma <calestous_juma@harvard.edu> or Karen
Fang         

<kfang@ksg.harvard.edu>                                                    
                                                                            
                                                                            
 Science and technology is widely recognized as an important factor in
the  
 economic transformation of developing countries. However, the
global       
 economy is marked by extreme disparities in the creation of scientific
and 
 technical knowledge. The majority of the world's scientific knowledge
is   
 generated and utilized in industrialized countries. Mobilizing
this        
 knowledge to meet the agricultural, health, communication
and              
 environmental needs of the poor has become of the most important issues
in 
 international
relations.                                                   
                                                                            
                                                                            
 The aim of the workshop is to identify ways of using the
world's           
 scientific and technological knowledge to meet the needs of the poor
in    
 developing countries. More specifically, the workshop will examine:
(a)    
 linkages between science, technology and development; (b)
national         
 innovations systems and global trends in science and technology;
(c)       
 incentives measures for technological innovation; (d)
international        
 cooperation and assistance; and (e) technological capacity building
and    
 utilization in developing
countries.                                       
                                                                            
                                                                            
 Presentations will be based on comparative experiences from developed
and  
 developing countries. Participants will be drawn from
government,          
 industry, academia, international organizations and civil society.
The     
 workshop is part of an on-going effort to explore the linkages
between     
 science, technology and globalization. It is funded by the
Rockefeller     
 Foundation, the Belfer Center for Science and International Affairs
at     
 Harvard University and the Center for International Development at
Harvard 

University.                                                                
                                                                            
                                                                            
 The workshop builds on the results of the Research Seminar on
Global       
 Governance of Biotechnology (January 31-April 25, 2001). Other
related     
 activities include the International Conference on Biotechnology in
the    
 Global Economy: Science and the Precautionary Principle, held in
September 
 2000; as well as future conferences on Ethical Considerations to
take      
 place May 1-2, 2001; Biotechnology in Developing Countries;
Biodiversity   
 and Traditional Knowledge; and Institutional
Innovation.                   
                                                                            
                                                                            
 There is no charge for registration. Participants are responsible
for      
 their own travel and
accommodation.

From fsb-return-5399-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 21 16:46:12 2001
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From: Norbert Bollow <nb@thinkcoach.com>
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> How do I fill an open source CTO position?  Are there better or worse 
> places to look?

Is this for a virtual company (where really the CTO could live
anywhere in the world, or at least anywhere within certain
timezones), or will the CTO have to be physically present in the
company headquarters?

What kind of budget do you have?

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com

From fsb-return-5400-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 21 16:49:25 2001
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To: 'Norbert Bollow' <nb@thinkcoach.com>
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This position will need to be located in Washington DC.

-----Original Message-----
From: Norbert Bollow [mailto:nb@thinkcoach.com]
Sent: Wednesday, March 21, 2001 8:28 AM
To: PaulM@futurestep.com
Cc: fsb@crynwr.com
Subject: Re: FW: Help - Open CTO position


> How do I fill an open source CTO position?  Are there better or worse 
> places to look?

Is this for a virtual company (where really the CTO could live
anywhere in the world, or at least anywhere within certain
timezones), or will the CTO have to be physically present in the
company headquarters?

What kind of budget do you have?

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com

From fsb-return-5401-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 14:40:21 2001
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Greetings,

This is to invite your attention to our fight against proprietary software
at FreeDevelopers.Net (FD); a company for free developers by free
developers for a free world started with the endorsement of Stallman.
 
This week, we disclosed our proposed revolutionary new commercial
structure for free software and it is available for review at
http://FreeDevelopers.Net/company/CommCo/

The primary intention of FD is to replace the proprietary and to pay free
developers. Find more info at the web site: http://FreeDevelopers.Net. We
recently published the "Declaration of Software freedom" which is
available at http://FreeDevelopers.Net/freedomdec. Please sign it.

I invite all those who are interested in free software to join us to
become part of the revolution.
   
fight against the proprietary,
   Anil

-- 

I have signed it at http://FreeDevelopers.Net/freedomdec, did you?


From fsb-return-5402-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 14:41:33 2001
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From: Ben Laurie <ben@algroup.co.uk>
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Anil Kumar wrote:
> 
> Greetings,
> 
> This is to invite your attention to our fight against proprietary software
> at FreeDevelopers.Net (FD); a company for free developers by free
> developers for a free world started with the endorsement of Stallman.
> 
> This week, we disclosed our proposed revolutionary new commercial
> structure for free software and it is available for review at
> http://FreeDevelopers.Net/company/CommCo/
> 
> The primary intention of FD is to replace the proprietary and to pay free
> developers. Find more info at the web site: http://FreeDevelopers.Net. We
> recently published the "Declaration of Software freedom" which is
> available at http://FreeDevelopers.Net/freedomdec. Please sign it.
> 
> I invite all those who are interested in free software to join us to
> become part of the revolution.

Sigh. I'm interested in free software. But free software is not the
exclusive domain of GPL.

BTW, its unlikely that I would even consider signing your declaration,
since it is likely to say that the GPL is the best thing since sliced
bread, but I certainly won't until I can read it. Try a less cute font.

Cheers,

Ben.

--
http://www.apache-ssl.org/ben.html

"There is no limit to what a man can do or how far he can go if he
doesn't mind who gets the credit." - Robert Woodruff

ApacheCon 2001! http://ApacheCon.com/

From fsb-return-5403-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 14:49:45 2001
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From: TonStanco@aol.com
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Date: Fri, 23 Mar 2001 09:44:03 EST
Subject: Re: [Freesw] Re: FreeDevelopers
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In a message dated 3/23/01 8:51:27 AM Eastern Standard Time, 
ben@algroup.co.uk writes:

>  Sigh. I'm interested in free software. But free software is not the
>  exclusive domain of GPL.
>  
>  BTW, its unlikely that I would even consider signing your declaration,
>  since it is likely to say that the GPL is the best thing since sliced
>  bread, but I certainly won't until I can read it. Try a less cute font.

If you don't agree with Stallman on the GPL, then you won't agree with the 
Declaration.

But what about the reshuffling of the software industry to deal proprietary 
out, as described in the Community is the Company (CommCo) industry structure?
[http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even 
someone who supports non-GPL free software has to like the idea of replacing 
proprietary to leave the whole industry to free software.

best regards, 
tony

From fsb-return-5404-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 17:18:16 2001
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TonStanco@aol.com wrote:
> 
> In a message dated 3/23/01 8:51:27 AM Eastern Standard Time,
> ben@algroup.co.uk writes:
> 
> >  Sigh. I'm interested in free software. But free software is not the
> >  exclusive domain of GPL.
> >
> >  BTW, its unlikely that I would even consider signing your declaration,
> >  since it is likely to say that the GPL is the best thing since sliced
> >  bread, but I certainly won't until I can read it. Try a less cute font.
> 
> If you don't agree with Stallman on the GPL, then you won't agree with the
> Declaration.
> 
> But what about the reshuffling of the software industry to deal proprietary
> out, as described in the Community is the Company (CommCo) industry structure?
> [http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even
> someone who supports non-GPL free software has to like the idea of replacing
> proprietary to leave the whole industry to free software.

Indeed, but why would I support an organisation that advocates an
approach I don't believe in?

Cheers,

Ben.

--
http://www.apache-ssl.org/ben.html

"There is no limit to what a man can do or how far he can go if he
doesn't mind who gets the credit." - Robert Woodruff

ApacheCon 2001! http://ApacheCon.com/

From fsb-return-5405-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 18:31:10 2001
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Anil Kumar wrote:
> 
> This week, we disclosed our proposed revolutionary new commercial
> structure for free software and it is available for review at
> http://FreeDevelopers.Net/company/CommCo/

I'm always happy to see people thinking about how to subsidize free
software development, but this proposal has a few weak spots. In
particular, one finds the following significant assertion:

>> There needs to be a predominant marketing company for GPL software
>> to compete with proprietary software ...

False. There are many reasons why multiple/many marketing companies
are more effective than one. Multiple companies have to compete,
sharpen their pitch, hustle harder, are more accountable, can
specialize, can adapt to finer niches, etc.

>> and to provide salaries to developers.

False: Multiple marketing companies provide more jobs for employees.
Also, while all developers need some form of income for their
livelihood, such income does not have to be in the form of a
salary.

>> Without such a company, price-cutting would destroy the market for
>> GPL software ...

False. Price cutting in theory at least increases the market, albeit
by reducing margin. In practice, even very competitive commodity
markets tend to avoid catastrophe by finding an eqilibrium between
price and other factors.

>> and then developers could not be paid to work on it. 

Yet somehow developers produce a lot of free software anyway. I'm
sympathetic to the idea of getting more money to subsidize free
software developers, but it's hard to argue that lack of pay is
a crippling problem.

The other obvious problem with this assertion is that the GPL makes
it impossible to significantly limit competition for your "predominant
marketing company." The only thing you might do is withhold services
based on the extent to which you are able to organize the developers.

But if you recognize this proviso, then you should realize that what
you really want is a labor union, not a company. The AMA (American
Medical Association) is an obvious example of a union that has been
effective at marshalling its resources -- a big part of the reason
why the US health care system is the world's most expensive, not a
real compelling argument for pursuing that path.

There are other evident problems with the proposal, but the central
problem is this notion that a movement that has thrived in diversity
and (dare I say it) freedom should be bundled into a "predominant"
unity. I don't see any way that it can work, or that it should work.

-- 
/*
 *  Tom Hull * thull at kscable.com * http://www.ocston.org/~thull/
 */

From fsb-return-5406-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 18:34:14 2001
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Subject: Re: [Freesw] Re: FreeDevelopers
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>  > If you don't agree with Stallman on the GPL, then you won't agree with 
the
>  > Declaration.
>  > 
>  > But what about the reshuffling of the software industry to deal 
>  > proprietary out, as described in the Community is the Company (CommCo) 
>  > industry structure?
>  > [http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even
>  > someone who supports non-GPL free software has to like the idea of 
>  > replacing proprietary to leave the whole industry to free software.
>  
>  Indeed, but why would I support an organisation that advocates an
>  approach I don't believe in?

Because it will achieve the goals you believe in.   

Proprietary has a huge advantage because it buys its supporters (developers, 
lawyers, politicians, etc.). Free software has a hard time even finding 
support among itself, because people want more to quibble with friends than 
fight the foe. While we split hairs, proprietary relentlessly marches on to 
enslave the world (e.g., HailStorm). Let's concentrate on defeating 
proprietary. Once that is done, we will have the luxury to argue over who has 
the better free license. Until that is done, we are just arguing over who has 
the better view from inside the prison wall. 

And if we lose at this point, how do we topple proprietary after it is fully 
ensconced in an interconnected world with network effects?  This is not the 
time for inaction.

From fsb-return-5407-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 18:48:03 2001
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Date: Fri, 23 Mar 2001 19:50:19 +0100
From: Bernard Lang <Bernard.Lang@inria.fr>
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" The Administration faster on-line thanks to free software "

Christian Pierret,  State secretary for Industry.

" I already supported personally open-source software, notably at the
university of Metz. I am glad to see French publishers of free
software like MandrakeSoft be successful in the United States. I
support Linux and free software, because they allow faster and more
robust development to put the Administration on-line.  While
commercial software raise the issue of computer security, since one
does not know what is inside.  This is why I am against software
patenting in Europe.  It would kill innovation and reinforce
litigation terrorism, because commercial software multinational
corporations would multiply legal actions against start-ups. "


Translated by B. Lang from:

01 Informatique, N° 1626, 23 mars 2001, page 51


« L'Administration plus vite en ligne grâce au logiciel libre »

Christian Pierret,  secrétaire d'Etat à l'Industrie.

« J'ai déjà apporté mon soutien personnel au logiciel libre,
notamment à l'université de Metz.  Je suis heureux de voir des
éditeurs français de logiciels libres come MandrakeSoft s'illustrer
aux Etats-Unis.  Je suis un défenseur de Linux et du logiciel libre,
car ils permettent un développement plus rapide et plus robuste pour
la mise en ligne de l'Administration.  Tandis que les logiciels
commerciaux posent la question de la sécurité informatique, puisque
l'on ne sait pas ce qu'ils renferment.  C'est pourquoi je suis contre
la brevetabilité des logiciels en Europe.  Elle tuerait l'innovation
et renforcerait le terrorisme juridique, car les multinationales du
logiciel commercial multiplieraient les procès envers les jeunes
pousses. »


-- 
         Non aux Brevets Logiciels  -  No to Software Patents
           SIGNEZ    http://petition.eurolinux.org/    SIGN

Bernard.Lang@inria.fr             ,_  /\o    \o/    Tel  +33 1 3963 5644
http://pauillac.inria.fr/~lang/  ^^^^^^^^^^^^^^^^^  Fax  +33 1 3963 5469
            INRIA / B.P. 105 / 78153 Le Chesnay CEDEX / France
         Je n'exprime que mon opinion - I express only my opinion
                 CAGED BEHIND WINDOWS or FREE WITH LINUX

From fsb-return-5408-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 19:18:54 2001
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In a message dated 3/23/01 1:49:11 PM Eastern Standard Time, fche@elastic.org 
writes:

>  : >  Indeed, but why would I support an organisation that advocates an
>  : >  approach I don't believe in?
>  : 
>  : Because it will achieve the goals you believe in.   
>  
>  Do you realize you're advocating "ends justifies the means"?

I'm advocating that you free yourself and your neighbor while you can, and to 
stop worrying about which is the optimal way out. Just take an opening, any 
opening, and run. 

This is no longer just about software development methodologies. With 
interconnected digital machines, this is about real personal freedom. You 
don't have to look far into history to realize that some notorious people 
would have loved to have secret code tracking everyone's moves and 
transactions to be so much more efficient in their purges. 

From fsb-return-5409-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 19:36:31 2001
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TonStanco@aol.com wrote:

> But what about the reshuffling of the software industry to deal proprietary
> out, as described in the Community is the Company (CommCo) industry structure?
> [http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even
> someone who supports non-GPL free software has to like the idea of replacing
> proprietary to leave the whole industry to free software.

I can't understand what any of this is about.  Sure, I *could* figure it out, if
I wanted to spend a couple of hours reading the long-winded declarations on
freedevelopers.net, but I don't have a couple of hours of spare time.  Can you
provide a one paragraph explanation of what this is?

Some things I'm assuming that it's not:

   * FSF 2:  there's no point, the FSF does a fine job of being the FSF.
   * Red Hat 2:  if its trying to be a commercial entity based on fully GPL'd
     software, then there are many companies out there doing it quite well, e.g.
     Red Hat, Abi, Walnut Creek, etc.
   * A controlling body for all of open source software:  get real :-)

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org




From fsb-return-5410-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 20:06:39 2001
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To: <TonStanco@aol.com>, <fche@elastic.org>
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> I'm advocating that you free yourself and your
> neighbor while you can, and to stop worrying
> about which is the optimal way out. Just take
> an opening, any opening, and run.

Indeed, under your logic the right decision for various persecuted groups in
Nazi Germany was to flee to Russia -- which many did, only to arrive just in
time for Stalin's purges after the war. If you think running off cliffs is
fun, please don't let any of us stop you. We're good hearted folks, so we
all promise to wave as you go by. We'll stand around afterwords and measure
the size of the splat and talk about what a nice guy you were before that
tragic loss of synaptic function in the common sense part of the brain.

As for me, I plan to continue to invest deliberately and thoughtfully in
reputation and customer interactions, much as Ben does. A key value of
"free" software is in reputation. Reputation apppears to be the only tool
for building the type of trust relationships that can overcome proprietary
privacy invasion in the long term. Reputation isn't built by running off
half-assed and doing the first thing that comes to mind.


> This is no longer just about software development
> methodologies. With interconnected digital machines,
> this is about real personal freedom.

Indeed, which is why it must not be done badly and stupidly. Therefore, the
choice of method matters a great deal.

> You don't have to look far into history to realize that
> some notorious people would have loved to have secret
> code tracking everyone's moves and transactions to be so
> much more efficient in their purges.

Wonderful words. What the hell do they have to do with the FreeDevelopers
group and/or the silly proclamation you guys are touting?

Look, I have nothing against GPL [well, actually, I have quite a large
number of problems with GPL, but most have to do with it's legal failings
rather than with its intent], but for me GPL is a business decision, not a
religion. I suspect that most of the people on this list feel the same --
whatever license they have chosen is a matter of business realities, not
crede. Some of us *also* have a political agenda in a particular license,
but this list is about Free Software *Business*.


Jonathan


From fsb-return-5411-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 20:22:51 2001
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On Fri, Mar 23, 2001 at 09:44:03AM -0500, TonStanco@aol.com wrote:
> ben@algroup.co.uk writes:
> >  Sigh. I'm interested in free software. But free software is not the
> >  exclusive domain of GPL.
> >  
> >  BTW, its unlikely that I would even consider signing your declaration,
> >  since it is likely to say that the GPL is the best thing since sliced
> >  bread
> 
> If you don't agree with Stallman on the GPL, then you won't agree with the 
> Declaration.

Help me out here - which of Stallman's assertions is Ben disagreeing with?

Did Stallman really say that the GPL was the best thing since sliced bread,
(which would merely make him wrong) or that free software was the exclusive
domain of the GPL? (which would make him both wrong and also a danger to free
software.)

-- 
"Even more amazing was the realization that God has Internet access.  I
wonder if He has a full newsfeed?"
(By Matt Welsh)

From fsb-return-5412-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 20:48:26 2001
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From: Lucas Vogel <lvogel@exponent.com>
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Subject: GNU and classified software
Date: Fri, 23 Mar 2001 12:44:10 -0800
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Can GNU tools be used in the creation/use/distribution of classified
software?


-------------------------------------------
Lucas Vogel, Software Developer
Exponent Failure Analysis Associates, Inc.
lvogel@exponent.com


From fsb-return-5413-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:18:29 2001
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Lucas Vogel wrote:
> 
> Can GNU tools be used in the creation/use/distribution of classified
> software?
> 

Yes, and it is.  Here's evidence:
http://www2.linuxjournal.com/lj-issues/issue61/3394.html
>>
Marjorie: Who is using Perl and how are they using it? 

Larry: A couple of years ago, I ran into someone at a trade show who was
representing the NSA (National Security Agency). He mentioned to someone
else in passing
that he'd written a filter program in Perl, so without telling him who I
was, I asked him if I could tell people that the NSA uses Perl. His
response was, ``Doesn't
everyone?'' So now I don't tell people the NSA uses Perl. I merely tell
people the NSA thinks everyone uses Perl. They should know, after all. 

As an interesting side note, it turned out this fellow was the very
administrator who shut down the NSA project Perl was (indirectly)
written to support. He was
vaguely amused when I pointed out Perl might well be the most enduring
legacy of the project. 
<<

--
-Dave Turner                                 Stalk me:  (215)-545-2859  
----------------------------------------------------------------------
<pug> Wait, you're right, I'm thinking of the Ankh-Morpork Assassin's 
      guild, sorry

From fsb-return-5414-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:21:45 2001
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On Fri, Mar 23, 2001 at 01:28:34PM -0500, TonStanco@aol.com wrote:
> 
> Proprietary has a huge advantage because it buys its supporters (developers, 
> lawyers, politicians, etc.). Free software has a hard time even finding 
> support among itself, because people want more to quibble with friends than 
> fight the foe. While we split hairs, proprietary relentlessly marches on to 
> enslave the world (e.g., HailStorm). Let's concentrate on defeating 
> proprietary. Once that is done, we will have the luxury to argue over who has 
> the better free license. Until that is done, we are just arguing over who has 
> the better view from inside the prison wall. 
> 
> And if we lose at this point, how do we topple proprietary after it is fully 
> ensconced in an interconnected world with network effects?  This is not the 
> time for inaction.
> 

  Looks like you've already been enslaved! You have this "conspiracy" theory
  going on, and you go all mellow dramatic on us. And you click SEND from
  your AOL Mail client and then give your machine a reboot for good measure!
  
-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5415-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:23:52 2001
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On Fri, Mar 23, 2001 at 02:12:55PM -0500, TonStanco@aol.com wrote:
> In a message dated 3/23/01 1:49:11 PM Eastern Standard Time, fche@elastic.org 
> writes:
> 
> >  : >  Indeed, but why would I support an organisation that advocates an
> >  : >  approach I don't believe in?
> >  : 
> >  : Because it will achieve the goals you believe in.   
> >  
> >  Do you realize you're advocating "ends justifies the means"?
> 
> I'm advocating that you free yourself and your neighbor while you can, and to 
> stop worrying about which is the optimal way out. Just take an opening, any 
> opening, and run. 

   Looks like you need freeing. (right click on your windows directory and
   click delete) if that doesnt work. Take a magnet and place it on your
   harddrive -- 

   then. yoooooo'll beeee freeeee, hacker, yooooo'll beee freeeEEEeeeEEE!!!

   
> 
> This is no longer just about software development methodologies. With 
> interconnected digital machines, this is about real personal freedom. You 
> don't have to look far into history to realize that some notorious people 
> would have loved to have secret code tracking everyone's moves and 
> transactions to be so much more efficient in their purges. 
> 

-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5416-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:25:17 2001
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Simon Cozens wrote:
> 
> On Fri, Mar 23, 2001 at 09:44:03AM -0500, TonStanco@aol.com wrote:
> > ben@algroup.co.uk writes:
> > >  Sigh. I'm interested in free software. But free software is not the
> > >  exclusive domain of GPL.
> > >
> > >  BTW, its unlikely that I would even consider signing your declaration,
> > >  since it is likely to say that the GPL is the best thing since sliced
> > >  bread
> >
> > If you don't agree with Stallman on the GPL, then you won't agree with the
> > Declaration.
> 
> Help me out here - which of Stallman's assertions is Ben disagreeing with?
> 
> Did Stallman really say that the GPL was the best thing since sliced bread,
> (which would merely make him wrong) or that free software was the exclusive
> domain of the GPL? (which would make him both wrong and also a danger to free
> software.)

It's not Stallman, it's Stanco.  If you look at the archives of his
list, you'll see what kind of chance his project has of success.

What Stallman says about the GPL is that he thinks it is the best free
software license... but that others are fine too.  Ben disagrees with
that.  He also disagrees that Stanco's company is good, effective, or
necessary (I'm inclined to agree).  Stanco deeply confuses me - the
archives of his Topica list should be quite enlightening.

--
-Dave Turner                                 Stalk me:  (215)-545-2859  
----------------------------------------------------------------------
<pug> Wait, you're right, I'm thinking of the Ankh-Morpork Assassin's 
      guild, sorry

From fsb-return-5417-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:26:36 2001
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On Fri, Mar 23, 2001 at 09:44:03AM -0500, TonStanco@aol.com wrote:
> In a message dated 3/23/01 8:51:27 AM Eastern Standard Time, 
> ben@algroup.co.uk writes:
> 
> >  Sigh. I'm interested in free software. But free software is not the
> >  exclusive domain of GPL.
> >  
> >  BTW, its unlikely that I would even consider signing your declaration,
> >  since it is likely to say that the GPL is the best thing since sliced
> >  bread, but I certainly won't until I can read it. Try a less cute font.
> 
> If you don't agree with Stallman on the GPL, then you won't agree with the 
> Declaration.
> 
  Why would I listen to a Hypocrit! You LEADING the FreeDevelopers on your
  Windows 95 Box with AOL of all things!! At least you could have the
  decency to ssh to a box to send you mail from. 

  I have a hard time swallowing any GPL/Free Software stance you take seeing
  as how you don't "live with the people you're trying to lead"

   That's one of the reasons I removed myself from involvement in 
   FreeDevelopers and joined this list.

   That and the fact that you use Topica! to run your horribly un-organized
   and half-assed mailing lists on! I cannot believe how un-organized
   FreeDeveloper.net is!


> But what about the reshuffling of the software industry to deal proprietary 
> out, as described in the Community is the Company (CommCo) industry structure?
> [http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even 
> someone who supports non-GPL free software has to like the idea of replacing 
> proprietary to leave the whole industry to free software.
> 
> best regards, 
> tony
> 

-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5418-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:27:55 2001
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To: Dave Turner <novalis@novalis.org>
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On Fri, Mar 23, 2001 at 03:58:31PM -0500, Dave Turner wrote:
> Marjorie: Who is using Perl and how are they using it? 

If you call Perl a GNU tool again, I will do horrific things to you. :)

Don't forget that Perl is dual-licensed. A lot of businesses can *only*
use it because of this fact; the Artistic license gives them a lot more
freedom^Wleeway than the GPL does. 

-- 
You're not Dave.  Who are you?

From fsb-return-5419-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:37:35 2001
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From: TonStanco@aol.com
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Date: Fri, 23 Mar 2001 16:31:47 EST
Subject: Re: [Freesw] Re: FreeDevelopers
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In a message dated 3/23/01 2:32:20 PM Eastern Standard Time, 
crispin@wirex.com writes:

> I can't understand what any of this is about.  Sure, I *could* figure it 
out, 
> if I wanted to spend a couple of hours reading the long-winded declarations 
> on freedevelopers.net, but I don't have a couple of hours of spare time.  
> Can you provide a one paragraph explanation of what this is?

It's not that simple, because it has philosophical/moral elements, because 
proprietary must be defeated (e.g., FSF, GPL, the Declaration of Software 
Freedom). And economic elements, because it has to be a successful business 
strategy (e.g., The Community is the Company structure). But basically it is 
a reorganization of the software industry to establish free software as the 
development paradigm around the world on a fair and equitable basis going 
forward.

>  Some things I'm assuming that it's not:
>  
>     * FSF 2:  there's no point, the FSF does a fine job of being the FSF.

RMS is the philosopher/leader of free software and therefore FreeDevelopers 
(notice I didn't say philosopher/king, because we are a free and democratic). 
He has been involved from its inception and he is one of the drafters 
involved with the Declaration.

RMS has worked on the philosophical underpinnings of free software for 17 
years and his GPL has made free software a viable alternative to proprietary 
at this critical period. Without the GPL, there wouldn't be Linux; and 
without Linux and the media frenzy, there wouldn't be a chance against 
proprietary now. 

FreeDevelopers works with the FSF and GNU, by paying developers to work on 
free software.

>     * Red Hat 2:  if its trying to be a commercial entity based on fully 
GPL'd
>       software, then there are many companies out there doing it quite 
well, 
>       e.g. Red Hat, Abi, Walnut Creek, etc.

We are a free software organization. We are unlike open source companies 
because we are democratic and community owned. Also, we will pay developers 
to work on free software, because on an economic basis, if developers are not 
paid, free software is underproduced vis-a-vis proprietary (that pays its 
developers).

>     * A controlling body for all of open source software:  get real :-)

It is not a controlling body, but it does set up a certain democratic 
federalism between itself and the independent free software projects. The 
free software projects are still a free market meritocracy of cooperation and 
competition as they are now. But items of common interest, like joint 
marketing, are done at the FreeDevelopers level. The sales revenues are then 
used to pay the free software developers working on the projects.

Very briefly, free software developers have a collective action problem and 
FreeDevelopers creates a framework to solve that problem in much the same way 
that citizens solved the collective action problem that routinely caused them 
to be subjugated by armies. It creates a democratic constitution with 
appropriate check and balances so forces (hardware, investors, marketers) are 
aligned to keep the structure together, rather than to tear developers apart.

But it is explained fully at [www.FreeDevelopers.net/company/CommCo]. 

From fsb-return-5420-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:38:49 2001
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Subject: Re: [Freesw] Re: FreeDevelopers
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In a message dated 3/23/01 3:17:40 PM Eastern Standard Time, 
simon@brecon.co.uk writes:

> Help me out here - which of Stallman's assertions is Ben disagreeing with?

I'm not sure. I can't speak for either. What I was saying was that 
FreeDevelopers is a GPL company, so if Ben disagrees with the GPL, he will 
not like the Declaration.
  

From fsb-return-5421-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:40:04 2001
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From: TonStanco@aol.com
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Date: Fri, 23 Mar 2001 16:32:23 EST
Subject: Re: [Freesw] Re: FreeDevelopers
To: shap@eros-os.org, TonStanco@aol.com, fche@elastic.org
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In a message dated 3/23/01 3:00:43 PM Eastern Standard Time, shap@eros-os.org 
writes:

>  ....As for me, I plan to continue to invest deliberately and thoughtfully 
in
>  reputation and customer interactions, much as Ben does. A key value of
>  "free" software is in reputation. Reputation apppears to be the only tool
>  for building the type of trust relationships that can overcome proprietary
>  privacy invasion in the long term...

You are absolutely right, branding and warranties are important to free 
software like any other business. But the CommCo document has a Free Software 
Marketing Company for just that marketing purpose. 

>  ... Wonderful words. What the hell do they have to do with the 
FreeDevelopers
>  group and/or the silly proclamation you guys are touting?...

It is the basis for everything FreeDevelopers is doing: proprietary must be 
defeated. But there must be a structural solution, so that free software can 
be viable vis-a-vis proprietary. But the Declaration and the CommCo are 
separate documents. The CommCo is the document for the pragmatists.

>  ... Look, I have nothing against GPL [well, actually, I have quite a large
>  number of problems with GPL, but most have to do with it's legal failings
>  rather than with its intent], but for me GPL is a business decision, not a
>  religion. I suspect that most of the people on this list feel the same --
>  whatever license they have chosen is a matter of business realities, not
>  crede. Some of us *also* have a political agenda in a particular license,
>  but this list is about Free Software *Business*...

The CommCo document is the business side of FreeDevelopers. But morality and 
business are not mutually exclusive. They can coexist quite nicely if 
appropriately structured.

From fsb-return-5422-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:43:50 2001
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Subject: Re: GNU and classified software
References: <66037540DA72D31180D400A0C9D17D1F466280@phoenix1.exponent.com> <3ABBB8F7.BCD7D440@novalis.org> <20010323212220.A9459@netthink.co.uk>
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Simon Cozens wrote:
> 
> On Fri, Mar 23, 2001 at 03:58:31PM -0500, Dave Turner wrote:
> > Marjorie: Who is using Perl and how are they using it?
> 
> If you call Perl a GNU tool again, I will do horrific things to you. :)

You know where to find me - see my sig :)

> Don't forget that Perl is dual-licensed. A lot of businesses can *only*
> use it because of this fact; the Artistic license gives them a lot more
> freedom^Wleeway than the GPL does.

s/use/distribute/.  There are no restrictions on use in the GPL or any
other free software license.  Of course, whether the right to restrict
the further distribution of software you distribute (which bsd-like and
the artistic license provide for) is a legitimate right, well, that's a
topic for a philosophical list.  

> You're not Dave.  Who are you?

What?  I am David M. Turner, a.k.a. Novalis.  I'm an infrastructure dude
for the Worldforge project. 

--
-Dave Turner                                 Stalk me:  (215)-545-2859  
----------------------------------------------------------------------
<pug> Wait, you're right, I'm thinking of the Ankh-Morpork Assassin's 
      guild, sorry

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Subject: Re: GNU and classified software
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on Fri, Mar 23, 2001 at 12:44:10PM -0800, Lucas Vogel (lvogel@exponent.com)=
 wrote:
> Can GNU tools be used in the creation/use/distribution of classified
> software?

Define "classified software".  Are you talking about military/defense
security classifications?  This response assumes so.

I can't answer your question directly, but:

    Q: Does the GPL mandate that software created using GNU tools,
       compilers, etc., be covered under the GPL? =20
    A: No.  In general, program outputs are not governed by the GPL.

    Q: Does using GPLd libraries mandate that software incorporating these
       libraries (linked to them) be covered by the GPL? =20
    A: Yes.  Linking is considered to be a derivative work (defined by
       copyright) under the GPL.  There is some ongoing discussion as to
       how broad, inclusive, or legitimate this claim is.  The general
       understanding is that static linking is, and dynamic linking
       probably is, covered.

    Q: As above, but LGPLd libraries? =20
    A: No.  The LGPL allows linking to LGPLd libraries without requiring
       the linked software be covered under the GPL or LGPL.

    Q: Does using the GPL require public disclosure of sources and/or
       binaries? =20
    A: This depends.  Depending on your distribution of binaries and/or
       sources, this may be mandated.  See section 3 of the GPL for
       requirements and alternatives in addressing source distribution
       requirements.  Note that the one act proscribed by the GPL is
       restricting third party distribution.

    Q: Do classified software requirements conflict with the GNU GPL?
    A: I have no idea.  I don't know what the requirements or
       regulations are.  I *do* know that the NSA has worked with
       GNU/Linux, that Bruce Perens spoke to the Navy regarding (IIRC)
       working with Free Software in classified environments.  My
       general sense is that any such restrictions would come from the
       restrictions imposed by the classification requirements, not from
       the GPL.

IANAL.  I am also not a military security specialist.  I hold no
military security clearances.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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From fsb-return-5424-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:48:05 2001
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	(message from Lucas Vogel on Fri, 23 Mar 2001 12:44:10 -0800)
Subject: Re: GNU and classified software
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Lucas Vogel <lvogel@exponent.com> wrote:

> Can GNU tools be used in the creation/use/distribution of classified
> software?

Yes, as long as you just want to _use_the_tools_ for this
purpose.

However you are not allowed to take parts of the source code of
GNU programs and adapt them for inclusion in classified
software.  You can use most libraries (to be precise, those
which are released under the Lesser GNU Public License) but not
for example the readline library.

The whole point of the GNU Public license is to give the
greatest possible freedom to the users of the software.   As
long as you are just a user of the GNU software, you can use it
for any purpose, classified or not.  But if the plan is to not
just use the GNU software but create a derivative product, then
the derivative product must also be free software.  In
particular the derivative product cannot be classified.

Why is there a need for classified software anyway?  I agree
that there is a need to keep some information confidential, or
secret.  But I do not see any reason why it would not be a good
idea to rely entirely on free software for processing and
protecting this confidential information.

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com

From fsb-return-5425-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:54:20 2001
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TonStanco@aol.com wrote:

> > I can't understand what any of this is about.  Sure, I *could* figure it
> out,
> > if I wanted to spend a couple of hours reading the long-winded declarations
> > on freedevelopers.net, but I don't have a couple of hours of spare time.
> > Can you provide a one paragraph explanation of what this is?
> It's not that simple, because it has philosophical/moral elements, because
> proprietary must be defeated (e.g., FSF, GPL, the Declaration of Software
> Freedom).

Tough.  Skepticizm runs very high when some new people that have never been seen
in the community before crop up and say "I have an idea.  Why don't you all
follow me!"  You have to have a compelling hook that fits in one paragraph, or
you'll be dismissed immediately.

So far, I've seen a lot of heat & thrash, and no substance.  There isn't enough
motive for me to even go read your documents, let alone sign the declaration.
Until the compelling one-paragraph explanation shows up, you're officially
dismissed :-)

Crispin

P.S.  I'll just add to the "bad form" criticizms of trying to run an open source
group from a Windows/AOL platform by pointing out that it's tacky to cross-post
to a list that isn't accepting replies to those posts (freesw@conecta.it).  No,
I do not want to subscribe to freesw.

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org




From fsb-return-5426-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 21:56:40 2001
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To: Dave Turner <novalis@novalis.org>
Cc: Lucas Vogel <lvogel@exponent.com>, "'fsb@crynwr.com'" <fsb@crynwr.com>
Subject: Re: GNU and classified software
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On Fri, Mar 23, 2001 at 04:24:12PM -0500, Dave Turner wrote:
> > Don't forget that Perl is dual-licensed. A lot of businesses can *only*
> > use it because of this fact; the Artistic license gives them a lot more
> > freedom^Wleeway than the GPL does.
> 
> s/use/distribute/.  

No, I meant use. For starters, there are those companies who simply won't use
GPLed software because of allergic reaction. Whether true or not, they feel
that if they write code with GPLed tools, they have to release that code;
dual-licensing works around that.

> the right to restrict the further distribution of software you distribute
> (which bsd-like and the artistic license provide for)

Which is also something that some companies want to do; and those companies
take Perl under the Artistic license, not the GPL.

But we're getting away from the point. I don't know whether it's possible to
use GPL-*only* tools on a classified project; I'm not a license lawyer. But I
do know that Perl is not GPL-only.

> > You're not Dave.  Who are you?
> What?  I am David M. Turner, a.k.a. Novalis.  I'm an infrastructure dude
> for the Worldforge project. 

You are also someone who needs to watch 2001: A Space Oddysey again. :)

-- 
I'm not going into LMH, there might be GECKOS.
    - Henry Braun is Oxford Zippy

From fsb-return-5427-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 22:07:47 2001
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TonStanco@aol.com wrote:

> We are a free software organization. We are unlike open source
> companies because we are democratic and community owned. Also,
> we will pay developers to work on free software, because on an
> economic basis, if developers are not paid, free software is
> underproduced vis-a-vis proprietary (that pays its developers).

Yes.

So far free software has been really successful only in those
areas where there are many skilled programmers among the users
of the software.

If we want free software to become attractive to users who
cannot be bothered to read a manual of any kind, there must be a
way to make these users pay for the cost of making the software
fullproof.

I think this is what your company is all about - right?

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com

From fsb-return-5428-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 22:10:10 2001
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Simon Cozens wrote:
> 
> On Fri, Mar 23, 2001 at 04:24:12PM -0500, Dave Turner wrote:
> > > Don't forget that Perl is dual-licensed. A lot of businesses can *only*
> > > use it because of this fact; the Artistic license gives them a lot more
> > > freedom^Wleeway than the GPL does.
> >
> > s/use/distribute/.
> 
> No, I meant use. For starters, there are those companies who simply won't use
> GPLed software because of allergic reaction. Whether true or not, they feel
> that if they write code with GPLed tools, they have to release that code;
> dual-licensing works around that.

Well, while I've heard this, I've never seen any such companies.  But
you say *can*, not *will*.  

> > the right to restrict the further distribution of software you distribute
> > (which bsd-like and the artistic license provide for)
> 
> Which is also something that some companies want to do; and those companies
> take Perl under the Artistic license, not the GPL.
> 
> But we're getting away from the point. I don't know whether it's possible to
> use GPL-*only* tools on a classified project; I'm not a license lawyer. But I
> do know that Perl is not GPL-only.

NSA Secure Linux becomes my new example.  Yes, it is allowed.  Also,
it's classified - who's gonna know :)

> > > You're not Dave.  Who are you?
> > What?  I am David M. Turner, a.k.a. Novalis.  I'm an infrastructure dude
> > for the Worldforge project.
> 
> You are also someone who needs to watch 2001: A Space Oddysey again. :)

Ah, right. I have been confused with another Dave Turner in the past,
which is what I thought was going on.

--
-Dave Turner                                 Stalk me:  (215)-545-2859  
----------------------------------------------------------------------
<pug> Wait, you're right, I'm thinking of the Ankh-Morpork Assassin's 
      guild, sorry

From fsb-return-5429-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 22:12:54 2001
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On Fri, Mar 23, 2001 at 04:50:19PM -0500, Dave Turner wrote:
> > GPLed software because of allergic reaction. Whether true or not, they feel
> > that if they write code with GPLed tools, they have to release that code;
> > dual-licensing works around that.
> 
> Well, while I've heard this, I've never seen any such companies.  But
> you say *can*, not *will*.  

Well, I can give you one to start with: Texas Instruments. They make chips. :)
(One of the Perl developers, Nick Ing-Simmons, tells of how they only feel
they can use Perl because of the AL.)

I'm sure there are others. 

-- 
10. The Earth quakes and the heavens rattle; the beasts of nature flock
together and the nations of men flock apart; volcanoes usher up heat
while elsewhere water becomes ice and melts; and then on other days it
just rains. - Prin. Dis.

From fsb-return-5430-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 22:26:06 2001
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From: TonStanco@aol.com
Message-ID: <16.aa31281.27ed2581@aol.com>
Date: Fri, 23 Mar 2001 17:17:37 EST
Subject: Re: [Freesw] Re: FreeDevelopers
To: crispin@wirex.com, TonStanco@aol.com
CC: ben@algroup.co.uk, fsb@crynwr.com, freesw@conecta.it
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In a message dated 3/23/01 4:50:24 PM Eastern Standard Time, 
crispin@wirex.com writes:

> Tough.  Skepticizm runs very high when some new people that have never been 
> seen  in the community before crop up and say "I have an idea.  

Totally understandable. But a couple of people ask me to explain, so I did. 
And then a couple more came on top of that. I know I monopolized way too much 
time today. But it would have been rude of me to stop, too.

I have been following the list for a long time and it is high quality, so I 
didn't want to be rude.

> Why don't you all follow me!" 

I haven't asked you to follow me. Sharing ideas is never a bad thing. I may 
learn something from you or the other way 'round. In the end we are both 
better off as long as we are civil. Truth like gold is not burned away by the 
fire, only made purer.

> You have to have a compelling hook that fits in one paragraph, 
> or  you'll be dismissed immediately.
> So far, I've seen a lot of heat & thrash, and no substance.  There isn't 
> enough motive for me to even go read your documents, let alone sign the 
> declaration.

You don't have to read them and you don't have to sign. There is a difference 
between opportunity and compulsion. 
 
>  Until the compelling one-paragraph explanation shows up, you're officially
>  dismissed :-)

>  Crispin
>  
>  P.S.  I'll just add to the "bad form" criticizms of trying to run an open 
>  source group from a Windows/AOL platform 

I actually have a Socratic streak, which likes to tweak people's complacency. 
Truth seldom lies on the surface. People who can't get passed the Windows/AOL 
are not looking for truth, only easy answers. 

Of course, look where the Socratic streak got Socrates ;-)  Still, it has a 
good pedigree.

> by pointing out that it's tacky to
> cross-post to a list that isn't accepting replies to those posts
> (freesw@conecta.it).  

The first person cross-posted and it is customary to respond to all, in those 
circumstances. 

> No, I do not want to subscribe to freesw.

I have been on that list for a very long time, too, but with a different 
email. Another high quality list.

From fsb-return-5431-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 22:46:28 2001
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Cc: crispin@wirex.com, ben@algroup.co.uk, fsb@crynwr.com
Subject: Re: [Freesw] Re: FreeDevelopers
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On Fri, Mar 23, 2001 at 05:17:37PM -0500, TonStanco@aol.com wrote:
> 
> I actually have a Socratic streak, which likes to tweak people's complacency. 
> Truth seldom lies on the surface. People who can't get passed the Windows/AOL 
> are not looking for truth, only easy answers. 
> 

   I am not looking for easy answers, I am not looking for answers. I did
   "get past" the Windows/AOL thing when i joined FD in November! 

   After my valid concerns were ignored and other posts reject by you
   (when you started moderating the main list) for NO valid reason
   other then I should have posted it to whatever "sub-list of the day"
   that was "where the main discussions are happening". I began to realize
   how completely futile it was to try to voice my opinion. I also realized
   before this, that the FD lists (depending on which list you were on) where
   either dead or full of completely sparatic postings completely unrealted
   to each other. You want some adive: re-organize.

   Get a server, put FreeDevelopers.net domain on it, host the website there.
   host the mailing lists there.

   re-organize the mailing list structure:
   
      what the hell is all this: fd-structure1 fd-structure2 fd fd-democracy
      fd-it blah blah blah. MESSY 
      
   You claim you have "hundreds of developers" behind this initiative. That
   is a LIE Tony! Only a very select group of people are the only ones 
   continuing a related topic thread on your lists. Most of the people
   subscribed have no idea whats going on. 

   You mentioned on a previous post you wish to learn something from
   these discussions. I urge you to take what I am saying for what it 
   is: 

      A Free Software Hacker, seeing FD, thinking "Wow, _sounds_ cool". 
      Going to the site, seeing a harribly messy, unorganized site, with
      topica mailing lists. After viewing topica's main site, cringing.
      Joining the lists anyways. Seeing the Leader posting about
      Battling proprietary software like it's life or death yet sending
      these valiant posts from his Windows/AOL box. Seeing chaos on
      the lists. Sifting through garbage trying to find direction, failing.
      Trying to check out the other, completely unintuitively named 
      sub-lists, and ending up just being lost as to what the HELL you 
      are trying to do. 

      Seeing this all go NOWHERE! You desperately need to rethink what
      you say is "surface". You are stepping into a leadership role!
      If ANYONE Is going to be judged from surface items, it's you, 
      and you need to accept this, bite the bullet, and live by your
      dramatic rhetoric! you might be taken more seriously.

      Or you could continue to chalk it up as "simple people, unable
      to look past the surface to see 'my real substance'" ... HA!

> Of course, look where the Socratic streak got Socrates ;-)  Still, it has a 
> good pedigree.

   Don't flatter yourself. It's bad form.

-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5432-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 23:00:42 2001
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On Fri, Mar 23, 2001 at 05:17:37PM -0500, TonStanco@aol.com wrote:
> I actually have a Socratic streak, which likes to tweak people's complacency. 
> Truth seldom lies on the surface. People who can't get passed the Windows/AOL 
> are not looking for truth, only easy answers. 

You seem to know little about Socrates; Socrates practiced what he felt
was important.

-- 
Do you associate ST JOHN'S with addiction to ASIA FILE?
    - Henry Braun is Oxford Zippy

From fsb-return-5433-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 23:13:55 2001
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From: "Jonathan S. Shapiro" <shap@eros-os.org>
To: <TonStanco@aol.com>, <fche@elastic.org>
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Subject: Re: [Freesw] Re: FreeDevelopers
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All: This is my last post on this subject unless TonStanco has a useful
response. It's gone on long enough. Still, many people here helped me when
*I* was hopelessly confused (and occasionally still do, since confusion has
no permanent cure)....

TonStanco:

I think it is somewhat telling that the people on this list who are most
skeptical about FreeDevelopers are those who have built successful
businesses and organizations. Rather than speak for them, let me try to give
you a sense of why this is so by using myself as an example.

I have a working, active community (the EROS community) that is already
known and slowly becoming more financially effective within the free
software community. I don't need a new company. I'm not interested in a
credo. I really don't care about revolutionary business models that appear
to be totally without substance. I have a pretty strong grasp on how to
market this kind of product, and I have a very strong grasp on finance
(something that FreeDeveloper seems to need, by the way). Like several
(many?) others on this list, I've actually *built* organizations and
companies that have been multimillion dollar revenue generators -- more than
once. Like *all* of the people on the list, my time is valuable and
revolutions without substance aren't a good use of that time.

The details of course vary from participant to participant, but I think that
this characterization is reasonably representative of many people on this
list. Some, of course, are at earlier stages of the process, but the point
still holds -- their time is valuable.

In three to five (reasonable length) sentences or less, why should I care
about FreeDevelopers? If you can't answer the question in three to five
sentences that make a compelling business case, you really aren't ready to
be talking to people like me or FSB.

Either convince me in those three to five sentences that it's worth reading
your web site when I have a stack 100 deep of email messages that actually
*need* my attention, or go away and come back when you *can* convince me.

Please understand: I'm not interested in discouraging you. I'm interested in
making you productive. Preferably without sacrificing my own productivity.


Jonathan Shapiro


From fsb-return-5434-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 23:15:16 2001
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To: <TonStanco@aol.com>, <crispin@wirex.com>
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Subject: Re: [Freesw] Re: FreeDevelopers
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> > Can you provide a one paragraph explanation of what this is?
>
> It's not that simple...

If it can't be made that simple, it's probably not a viable business, and
it's *definitely* not ready to do marketing and/or PR for anyone else.

Jonathan


From fsb-return-5435-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 23:38:56 2001
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From: TonStanco@aol.com
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Date: Fri, 23 Mar 2001 18:32:50 EST
Subject: Re: [Freesw] Re: FreeDevelopers
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There are only 2 things that are permanent at FreeDevelopers and they are the 
Declaration and the Community is the Company (CommCo) structure. These are 
the bedrock. You can give them a chance or not. Look at them with an open 
mind and free heart, or not. It is up to you. 

There is a lot of time, effort and thought behind them by people who cared 
deeply about what they are doing-- who put up with the surface defects you 
mentioned, stuck it out and did their utter best. And in the end, people are 
remembered for the things they do, not the things they don't.

There are a lot of things everyone wishes were better, faster, easier, more 
organized. But you can go to another list, or you play the hand you're given 
and stick it out and do what you can to help.

We didn't announce anything here before, because there was nothing to 
announce before. But even with all the problems you can so carefully list, we 
DID SOMETHING. That it was as hard as it was, only makes it sweeter.

At this point, those that want to join, can join. The rest, we'll wave you in 
when the fighting is done and the war is won. And things are as perfect as 
you need to have them.



In a message dated 3/23/01 5:42:32 PM Eastern Standard Time, nick@namodn.com 
writes:

> Subj:  Re: [Freesw] Re: FreeDevelopers
>  Date:    3/23/01 5:42:32 PM Eastern Standard Time
>  From:    nick@namodn.com (Nick Jennings)
>  To:  TonStanco@aol.com
>  CC:  crispin@wirex.com, ben@algroup.co.uk, fsb@crynwr.com
>  
>  On Fri, Mar 23, 2001 at 05:17:37PM -0500, TonStanco@aol.com wrote:
>  > 
>  > I actually have a Socratic streak, which likes to tweak people's 
> complacency. 
>  > Truth seldom lies on the surface. People who can't get passed the 
Windows/
> AOL 
>  > are not looking for truth, only easy answers. 
>  > 
>  
>     I am not looking for easy answers, I am not looking for answers. I did
>     "get past" the Windows/AOL thing when i joined FD in November! 
>  
>     After my valid concerns were ignored and other posts reject by you
>     (when you started moderating the main list) for NO valid reason
>     other then I should have posted it to whatever "sub-list of the day"
>     that was "where the main discussions are happening". I began to realize
>     how completely futile it was to try to voice my opinion. I also realized
>     before this, that the FD lists (depending on which list you were on) 
> where
>     either dead or full of completely sparatic postings completely unrealted
>     to each other. You want some adive: re-organize.
>  
>     Get a server, put FreeDevelopers.net domain on it, host the website 
there.
> 
>     host the mailing lists there.
>  
>     re-organize the mailing list structure:
>     
>        what the hell is all this: fd-structure1 fd-structure2 fd 
fd-democracy
>        fd-it blah blah blah. MESSY 
>        
>     You claim you have "hundreds of developers" behind this initiative. That
>     is a LIE Tony! Only a very select group of people are the only ones 
>     continuing a related topic thread on your lists. Most of the people
>     subscribed have no idea whats going on. 
>  
>     You mentioned on a previous post you wish to learn something from
>     these discussions. I urge you to take what I am saying for what it 
>     is: 
>  
>        A Free Software Hacker, seeing FD, thinking "Wow, _sounds_ cool". 
>        Going to the site, seeing a harribly messy, unorganized site, with
>        topica mailing lists. After viewing topica's main site, cringing.
>        Joining the lists anyways. Seeing the Leader posting about
>        Battling proprietary software like it's life or death yet sending
>        these valiant posts from his Windows/AOL box. Seeing chaos on
>        the lists. Sifting through garbage trying to find direction, failing.
>        Trying to check out the other, completely unintuitively named 
>        sub-lists, and ending up just being lost as to what the HELL you 
>        are trying to do. 
>  
>        Seeing this all go NOWHERE! You desperately need to rethink what
>        you say is "surface". You are stepping into a leadership role!
>        If ANYONE Is going to be judged from surface items, it's you, 
>        and you need to accept this, bite the bullet, and live by your
>        dramatic rhetoric! you might be taken more seriously.
>  
>        Or you could continue to chalk it up as "simple people, unable
>        to look past the surface to see 'my real substance'" ... HA!
>  
>  > Of course, look where the Socratic streak got Socrates ;-)  Still, it 
has 
> a 
>  > good pedigree.
>  
>     Don't flatter yourself. It's bad form.
>  
>  -- 
>    Nick Jennings            |  "Laugh, and the world ignores you.  
>    http://nick.namodn.com   |    Crying doesn't help either."
>  
>  
>  
>  
>  ----------------------- Headers --------------------------------
>  Return-Path: <nick@namodn.com>
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>  
>  

From fsb-return-5436-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 23 23:50:09 2001
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On Fri, Mar 23, 2001 at 06:32:50PM -0500, TonStanco@aol.com wrote:
> We didn't announce anything here before

Excuse me. That is a lie.

    From: "tony stanco" <stancoa@hotmail.com>
    To: simon@cozens.net, fsb@crynwr.com
    Cc: tonstanco@aol.com
    Subject: Re: Dealing with the Open Source community
    Date: Sat, 18 Nov 2000 15:31:54 GMT

    That is why at FreeDevelopers.net we have a goal of displacing the propreitary
    paradigm with a free one in the next 10 years. We only started a couple of
    months ago.

    Below is some press that we received in the last few weeks.

    best regards,
    tony stanco

    www.FreeDevelopers.net
    http://www.zdnet.com/enterprise/stories/main/0,10228,2654413,00.html
    [...]


-- 
"I don't think so," said Rene Descartes.  Just then, he vanished.

From fsb-return-5437-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 00:10:39 2001
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Obviously you did not come here, open to learning something. You came
here to try to recruit, and nothing more.

On Fri, Mar 23, 2001 at 06:32:50PM -0500, TonStanco@aol.com wrote:
> There are only 2 things that are permanent at FreeDevelopers and they are the 
> Declaration and the Community is the Company (CommCo) structure. These are 
> the bedrock. You can give them a chance or not. Look at them with an open 
> mind and free heart, or not. It is up to you. 
> 
> There is a lot of time, effort and thought behind them by people who cared 
> deeply about what they are doing-- who put up with the surface defects you 
> mentioned, stuck it out and did their utter best. And in the end, people are 
> remembered for the things they do, not the things they don't.
> 
> There are a lot of things everyone wishes were better, faster, easier, more 
> organized. But you can go to another list, or you play the hand you're given 
> and stick it out and do what you can to help.
> 
> We didn't announce anything here before, because there was nothing to 
> announce before. But even with all the problems you can so carefully list, we 
> DID SOMETHING. That it was as hard as it was, only makes it sweeter.
> 
> At this point, those that want to join, can join. The rest, we'll wave you in 
> when the fighting is done and the war is won. And things are as perfect as 
> you need to have them.
> 
> 
> 
> In a message dated 3/23/01 5:42:32 PM Eastern Standard Time, nick@namodn.com 
> writes:
> 
> > Subj:  Re: [Freesw] Re: FreeDevelopers
> >  Date:    3/23/01 5:42:32 PM Eastern Standard Time
> >  From:    nick@namodn.com (Nick Jennings)
> >  To:  TonStanco@aol.com
> >  CC:  crispin@wirex.com, ben@algroup.co.uk, fsb@crynwr.com
> >  
> >  On Fri, Mar 23, 2001 at 05:17:37PM -0500, TonStanco@aol.com wrote:
> >  > 
> >  > I actually have a Socratic streak, which likes to tweak people's 
> > complacency. 
> >  > Truth seldom lies on the surface. People who can't get passed the 
> Windows/
> > AOL 
> >  > are not looking for truth, only easy answers. 
> >  > 
> >  
> >     I am not looking for easy answers, I am not looking for answers. I did
> >     "get past" the Windows/AOL thing when i joined FD in November! 
> >  
> >     After my valid concerns were ignored and other posts reject by you
> >     (when you started moderating the main list) for NO valid reason
> >     other then I should have posted it to whatever "sub-list of the day"
> >     that was "where the main discussions are happening". I began to realize
> >     how completely futile it was to try to voice my opinion. I also realized
> >     before this, that the FD lists (depending on which list you were on) 
> > where
> >     either dead or full of completely sparatic postings completely unrealted
> >     to each other. You want some adive: re-organize.
> >  
> >     Get a server, put FreeDevelopers.net domain on it, host the website 
> there.
> > 
> >     host the mailing lists there.
> >  
> >     re-organize the mailing list structure:
> >     
> >        what the hell is all this: fd-structure1 fd-structure2 fd 
> fd-democracy
> >        fd-it blah blah blah. MESSY 
> >        
> >     You claim you have "hundreds of developers" behind this initiative. That
> >     is a LIE Tony! Only a very select group of people are the only ones 
> >     continuing a related topic thread on your lists. Most of the people
> >     subscribed have no idea whats going on. 
> >  
> >     You mentioned on a previous post you wish to learn something from
> >     these discussions. I urge you to take what I am saying for what it 
> >     is: 
> >  
> >        A Free Software Hacker, seeing FD, thinking "Wow, _sounds_ cool". 
> >        Going to the site, seeing a harribly messy, unorganized site, with
> >        topica mailing lists. After viewing topica's main site, cringing.
> >        Joining the lists anyways. Seeing the Leader posting about
> >        Battling proprietary software like it's life or death yet sending
> >        these valiant posts from his Windows/AOL box. Seeing chaos on
> >        the lists. Sifting through garbage trying to find direction, failing.
> >        Trying to check out the other, completely unintuitively named 
> >        sub-lists, and ending up just being lost as to what the HELL you 
> >        are trying to do. 
> >  
> >        Seeing this all go NOWHERE! You desperately need to rethink what
> >        you say is "surface". You are stepping into a leadership role!
> >        If ANYONE Is going to be judged from surface items, it's you, 
> >        and you need to accept this, bite the bullet, and live by your
> >        dramatic rhetoric! you might be taken more seriously.
> >  
> >        Or you could continue to chalk it up as "simple people, unable
> >        to look past the surface to see 'my real substance'" ... HA!
> >  
> >  > Of course, look where the Socratic streak got Socrates ;-)  Still, it 
> has 
> > a 
> >  > good pedigree.
> >  
> >     Don't flatter yourself. It's bad form.
> >  
> >  -- 
> >    Nick Jennings            |  "Laugh, and the world ignores you.  
> >    http://nick.namodn.com   |    Crying doesn't help either."
> >  
> >  
> >  
> >  
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> >  To: TonStanco@aol.com
> >  Cc: crispin@wirex.com, ben@algroup.co.uk, fsb@crynwr.com
> >  Subject: Re: [Freesw] Re: FreeDevelopers
> >  Message-ID: <20010323144149.D18895@claire.namodn.com>
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> > Mar 23, 2001 at 05:17:37PM -0500
> >  Organization: Namodn - http://www.namodn.com
> >  X-OS-Type: Debian GNU/Linux 2.2
> >  From: Nick Jennings <nick@namodn.com>
> >  
> >  
> 

-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5438-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 00:18:51 2001
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The only conclusion I can come to after reading this thread and the
thicket of jumbled concepts on the web pages is that this is an
"attention-sink" meant to distract the rest of us from going about our
business of building successful free software businesses.  I could further
speculate on motives but I really don't care to be drawn into this mess.
All I can say at this point is I wish "TonStanco@aol.com" the best of
luck on this, and hopefully he doesn't drag down the FSF's name in the
process.

Congratulations to Red Hat, btw, on making it to break-even!  There is
hope for the rest of us, yet.  <applause>

	Brian



From fsb-return-5439-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 00:21:42 2001
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From: TonStanco@aol.com
Message-ID: <48.13492601.27ed414e@aol.com>
Date: Fri, 23 Mar 2001 19:16:14 EST
Subject: Re: [Freesw] Re: FreeDevelopers
To: TonStanco@aol.com, ben@algroup.co.uk
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Thanks for the warm reception. But I will repeat one of the first posts I 
made today, because 95% of the posts thereafter proved the point exactly. 

BTW, This was cannibalism, not skepticism. Skepticism hears what a person has 
to say (or write), first. and then judges on the merits.

> Proprietary has a huge advantage because it buys its supporters 
(developers, 
> lawyers, politicians, etc.). Free software has a hard time even finding 
> support among itself, because people want more to quibble with friends than 
> fight the foe. While we split hairs, proprietary relentlessly marches on to 
> enslave the world (e.g., HailStorm). Let's concentrate on defeating 
> proprietary. Once that is done, we will have the luxury to argue over who 
has 
> the better free license. Until that is done, we are just arguing over who 
has 
> the better view from inside the prison wall. 

From fsb-return-5440-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 01:32:45 2001
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If I REALLY want to see quibbling! I will read the freedevelopers lists!


On Fri, Mar 23, 2001 at 07:16:14PM -0500, TonStanco@aol.com wrote:
> Thanks for the warm reception. But I will repeat one of the first posts I 
> made today, because 95% of the posts thereafter proved the point exactly. 
> 
> BTW, This was cannibalism, not skepticism. Skepticism hears what a person has 
> to say (or write), first. and then judges on the merits.
> 
> > Proprietary has a huge advantage because it buys its supporters 
> (developers, 
> > lawyers, politicians, etc.). Free software has a hard time even finding 
> > support among itself, because people want more to quibble with friends than 
> > fight the foe. While we split hairs, proprietary relentlessly marches on to 
> > enslave the world (e.g., HailStorm). Let's concentrate on defeating 
> > proprietary. Once that is done, we will have the luxury to argue over who 
> has 
> > the better free license. Until that is done, we are just arguing over who 
> has 
> > the better view from inside the prison wall. 
> 

-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5441-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 01:48:15 2001
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Date: Fri, 23 Mar 2001 20:43:58 -0500
From: Frank Hecker <frank@collab.net>
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Subject: Re: GNU and classified software
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Norbert Bollow wrote:
> Lucas Vogel <lvogel@exponent.com> wrote:
> > Can GNU tools be used in the creation/use/distribution of classified
> > software?
> 
> Yes, as long as you just want to _use_the_tools_ for this
> purpose.
> 
> However you are not allowed to take parts of the source code of
> GNU programs and adapt them for inclusion in classified
> software.

I respectfully disagree. Based on my reading of it, the GPL does not
require that you make source code for derived works publicly available,
it requires only that you make the source code available to those to
whom you distribute the derived work. For example, IMO the NSA can take
unclassified publicly available GPLed software, create a derived work
that is itself classified (under relevant US government regulations),
and provide that derived work to (say) a US government contractor as
classified material. The NSA would comply with the requirements of the
GPL by (among other things) providing the contractor with the source
code for the NSA's modifications to the original GPLed software, and
providing the derived work as a whole under GPL terms and conditions.

The contractor would then be free to redistribute that work, including
NSA's modifications, to others under GPL terms and conditions. As it
happens, the contractor would be prohibited by US law from distributing
the work to anyone not authorized to handle classified material, but IMO
that is not a problem for the GPL, as discussed below.

I can't speak for the FSF, but I can quote from "What is Free Software":

"You should also have the freedom to make modifications and use them
privately in your own work or play, without even mentioning that they
exist."

This clearly implies the ability for an agency like NSA to use free
software internally, make modifications to it, and keep those
modifications to itself.

"The freedom to use a program means the freedom for any kind of person
or organization to use it on any kind of computer system, for any kind
of overall job, and without being required to communicate subsequently
with the developer or any other specific entity."

Again, this reinforces the idea that a free software license cannot
_mandate_ public disclosure; rather it must not _prohibit_ such
disclosure. ("The freedom to improve the program, and release your
improvements to the public ...") And in fact in the above example the
contractor receiving a classified GPL application from the NSA is
permitted to disclose it to the public under the terms of the GPL;
however in practice the contractor is prevented from exercising this
right by US laws relating to distribution of classified data.

Both "What is Free Software" and the GPL itself discuss cases where
distribution under the GPL (or other free software licenses) might be
restricted due to other legal issues. The GPL in Section 8 discusses
restrictions on distribution due to patents and/or interface copyrights,
and "What is Free Software" discusses restrictions due to government
export control regulations (e.g., for encryption code). In both cases
IMO the FSF makes clear that by complying with such restrictions you are
not violating the GPL or any other free software license. Restrictions
against distribution of classified data would IMO be considered exactly
equivalent in terms of their effect on the GPL.

As a final comment, I think the FSF did a very smart thing by
disallowing as free software licenses licenses that mandate public
disclosure of modifications. If free software licenses were either
required or allowed to mandated public disclosure, then IMO the end
result would have been to restrict significantly the environments in
which free software could be used.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/


From fsb-return-5442-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 02:20:52 2001
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Subject: Re: GNU and classified software
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"Karsten M. Self" wrote:
> on Fri, Mar 23, 2001 at 12:44:10PM -0800, Lucas Vogel (lvogel@exponent.com) wrote:
> > Can GNU tools be used in the creation/use/distribution of classified
> > software?
> 
> Define "classified software".  Are you talking about military/defense
> security classifications?

Yes, he was.

Disclaimer before proceeding further: I do have some level of familarity
and experience with US government security clearances and classification
issues, but am by no means an expert on the subject.


>     Q: Do classified software requirements conflict with the GNU GPL?
>     A: I have no idea.  I don't know what the requirements or
>        regulations are.

Briefly: Information, including computer data and software, can be
classified at a given classification level within a hierarchical scheme
(e.g., Confidential, Secret, Top Secret, in increasing order), and then
within particular "compartments" (basically, topic areas) at a given
level. Access to information at a given classification level requires a
person to hold a clearance at that level or higher; thus, for example,
access to Secret data requires a Secret clearance or above. Access to
information within a given compartment requires "need to know" approval
for that compartment; thus a person with a Top Secret clearance might be
allowed to access data in compartment A but not in compartment B.

In theory information can move from lower classification levels to
higher levels but not the other way (at least, not without a formal
declassification procedure being followed). Thus, for example, if the
NSA took a CD containing publicly available GNU software, loaded the
software onto a system attached to a classified network, and modified
the software, then the resulting software would be classified (at
whatever level the network was at) and thus not publicly releasable
(More correctly, the modifications could potentially be released, but
they'd have to be formally reviewed and declassified first.)

> I *do* know that the NSA has worked with GNU/Linux,

If you're referring to the "SE Linux" work, that's within a part of the
NSA that conducts unclassified research on operating system security.
The NSA Security Enhanced Linux code itself is not classified. (If it
were, it wouldn't be downloadable from the NSA web site :-) However I'm
sure there are also GNU/Linux systems deployed within NSA (and
potentially elsewhere within DoD and the US government) within
classified environments.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/


From fsb-return-5443-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 03:05:46 2001
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Subject: Re: GNU and classified software
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Norbert Bollow writes:

> Lucas Vogel <lvogel@exponent.com> wrote:
> 
> > Can GNU tools be used in the creation/use/distribution of classified
> > software?
> 
> Why is there a need for classified software anyway?  I agree
> that there is a need to keep some information confidential, or
> secret.  But I do not see any reason why it would not be a good
> idea to rely entirely on free software for processing and
> protecting this confidential information.

Some software is classified because it reveals classified technology
or techniques.

For example, software which simulates reactions in nuclear weapons is
classified because it contains or produces classified information about
nuclear weapons.

The same thing is sometimes true of non-military secrecy.  Some
software which could otherwise be free builds in trade secrets so that
the software can't be disclosed without revealing the trade secrets.
I'm not just talking about having a database password inside a Perl
script, but for example a lot of financial companies have their own
secret models of financial markets -- and they have programs to work
out those models, and if you saw the programs, you would know their
models.

-- 
Seth David Schoen <schoen@loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5

From fsb-return-5444-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 03:18:30 2001
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Subject: Re: GNU and classified software
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Frank Hecker writes:

> Norbert Bollow wrote:
> > Lucas Vogel <lvogel@exponent.com> wrote:
> > > Can GNU tools be used in the creation/use/distribution of classified
> > > software?
> > 
> > Yes, as long as you just want to _use_the_tools_ for this
> > purpose.
> > 
> > However you are not allowed to take parts of the source code of
> > GNU programs and adapt them for inclusion in classified
> > software.
> 
> I respectfully disagree. Based on my reading of it, the GPL does not
> require that you make source code for derived works publicly available,
> it requires only that you make the source code available to those to
> whom you distribute the derived work. For example, IMO the NSA can take
> unclassified publicly available GPLed software, create a derived work
> that is itself classified (under relevant US government regulations),
> and provide that derived work to (say) a US government contractor as
> classified material. The NSA would comply with the requirements of the
> GPL by (among other things) providing the contractor with the source
> code for the NSA's modifications to the original GPLed software, and
> providing the derived work as a whole under GPL terms and conditions.
> 
> The contractor would then be free to redistribute that work, including
> NSA's modifications, to others under GPL terms and conditions. As it
> happens, the contractor would be prohibited by US law from distributing
> the work to anyone not authorized to handle classified material, but IMO
> that is not a problem for the GPL, as discussed below.

This is true, but there are some possibilities for error; for example,
there's an argument that the agency could get in a lot of trouble if
it ever accidentally forgot to provide the source code -- even in an
isolated incident -- and a copyright holder found out and wanted to
make an issue out of it.

I think you're entirely right about this scenario.  There are also
licenses, on the other hand, which some people consider free with a
disclosure requirement which isn't compatible with classification.

> I can't speak for the FSF, but I can quote from "What is Free Software":
> 
> "You should also have the freedom to make modifications and use them
> privately in your own work or play, without even mentioning that they
> exist."

I agree with the FSF here, but that doesn't quite resolve the issue:

> This clearly implies the ability for an agency like NSA to use free
> software internally, make modifications to it, and keep those
> modifications to itself.

... giving the software or a derived version to a contractor for
commercial purposes is almost certainly not fair use, and is also
arguably not use "privately in your own work or play".  So neither
copyright law nor the particular FSF argument you quoted would prevent
a hypothetical free software license from requiring public disclosure
when derived works are shared with a contractor.

> "The freedom to use a program means the freedom for any kind of person
> or organization to use it on any kind of computer system, for any kind
> of overall job, and without being required to communicate subsequently
> with the developer or any other specific entity."
> 
> Again, this reinforces the idea that a free software license cannot
> _mandate_ public disclosure; rather it must not _prohibit_ such
> disclosure. ("The freedom to improve the program, and release your
> improvements to the public ...")
> [...]
> As a final comment, I think the FSF did a very smart thing by
> disallowing as free software licenses licenses that mandate public
> disclosure of modifications. If free software licenses were either
> required or allowed to mandated public disclosure, then IMO the end
> result would have been to restrict significantly the environments in
> which free software could be used.

I again agree with the FSF and with your analysis, but some people
disagree, which leaves some possibly interesting marginal cases.  I'm
not sure that there's a wide consensus yet on the degree to which a
free software license must respect privacy when derived works are made.

-- 
Seth David Schoen <schoen@loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5

From fsb-return-5445-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 03:24:25 2001
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Seth David Schoen writes:

> I again agree with the FSF and with your analysis, but some people
> disagree, which leaves some possibly interesting marginal cases.  I'm
> not sure that there's a wide consensus yet on the degree to which a
> free software license must respect privacy when derived works are made.

Oops, I already forgot that the original question was only about GNU
software and not about all imaginable free software.

So I'm wondering about the question in greater generality rather than
the form in which it was originally asked.

-- 
Seth David Schoen <schoen@loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5

From fsb-return-5446-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 03:43:36 2001
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On Saturday 24 March 2001 00:06, Nick Jennings wrote:
> Obviously you did not come here, open to learning something. You came
> here to try to recruit, and nothing more.

and it's becomming tiresome... :)

Bryan

From fsb-return-5447-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 04:10:38 2001
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Seth David Schoen wrote:
> Seth David Schoen writes:
> 
> > I again agree with the FSF and with your analysis, but some people
> > disagree, which leaves some possibly interesting marginal cases.  I'm
> > not sure that there's a wide consensus yet on the degree to which a
> > free software license must respect privacy when derived works are made.
> 
> Oops, I already forgot that the original question was only about GNU
> software and not about all imaginable free software.

I too could have been clearer on this point and others. I'll summarize
briefly what I believe to be the case.

Based on my reading of it, the GPL does not mandate public disclosure of
modifications made for internal use, and does not mandate public
disclosure of modifications when privately distributing GPLed software
from one party to another. Ditto for the LGPL. So this IMO answers the
question of whether GNU software under the GPL and LGPL could be used in
classified applications: Classified software licensed under the GPL
could be distributed among people and organizations posessing the proper
clearances while still complying fully with the terms of the GPL (or
LGPL).

Of course the original question was really "Can GNU tools be used in the
creation/use/distribution of classified software?"  Restricting
ourselves to GNU tools under the GPL, that question is addressed by
Section 0 of the GPL: "Activities other than copying, distribution and
modification are not covered by this License; they are outside its
scope. The act of running the Program is not restricted, and the output
from the Program is covered only if its contents constitute a work based
on the Program (independent of having been made by running the
Program)."

So running GNU tools to process (i.e., edit, compile, link, debug, etc.)
classified software appears to be OK in the case where no GPLed software
actually ends up in the classified software. If the GNU tools do insert
GPLed code in the classified software then IMO this is still OK, as
discussed above.

> So I'm wondering about the question in greater generality rather than
> the form in which it was originally asked.

Based on my reading of "What is Free Software", the FSF's definition of
free software disallows having a license that mandates public disclosure
of modifications made for internal use.

However at least from "What is Free Software" it is not totally clear
whether the FSF's definition of free software disallows having a license
that mandates public disclosure of modifications when privately
distributing software from one party to another. I believe I have read
comments elsewhere by RMS that free software licenses should allow
private distribution without mandating public disclosure (this issue
certainly came up in the original discussions of the NPL and MPL), but
unfortunately I can't find any references for this.

But in any case if there were a free software license that mandated
public disclosure of source upon _any_ distribution (public or private)
then it appears to me that it would be incompatible with the GPL.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/


From fsb-return-5448-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 04:25:37 2001
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Seth David Schoen wrote:
> Frank Hecker writes:
<snip>
> > The contractor would then be free to redistribute that work, including
> > NSA's modifications, to others under GPL terms and conditions. As it
> > happens, the contractor would be prohibited by US law from distributing
> > the work to anyone not authorized to handle classified material, but IMO
> > that is not a problem for the GPL, as discussed below.
> 
> This is true, but there are some possibilities for error; for example,
> there's an argument that the agency could get in a lot of trouble if
> it ever accidentally forgot to provide the source code -- even in an
> isolated incident -- and a copyright holder found out and wanted to
> make an issue out of it.

I'm not sure why this would cause trouble. It seems to me that in such a
case the NSA could simply correct the problem by providing the source
code to whomever it distributed the software. Speaking for myself, I
can't see any way by which the copyright holder could force any sort of
public disclosure, or even force disclosure to any third parties
(including themselves) whom had not received the software from the NSA
originally.

> ... giving the software or a derived version to a contractor for
> commercial purposes is almost certainly not fair use, and is also
> arguably not use "privately in your own work or play".  So neither
> copyright law nor the particular FSF argument you quoted would prevent
> a hypothetical free software license from requiring public disclosure
> when derived works are shared with a contractor.

You are correct, as I noted in my previous message; "What is Free
Software" seems to be silent on this point. But I'm curious: do you (or
anyone else) happen to know of an actual free software license which in
fact requires public disclosure on private distribution?

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/


From fsb-return-5449-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 05:19:44 2001
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On Fri, 23 Mar 2001, Tom Hull wrote:

> Anil Kumar wrote:
> > 
> > This week, we disclosed our proposed revolutionary new commercial
> > structure for free software and it is available for review at
> > http://FreeDevelopers.Net/company/CommCo/
> 
> I'm always happy to see people thinking about how to subsidize free
> software development, but this proposal has a few weak spots. In
> particular, one finds the following significant assertion:
> 
> >> There needs to be a predominant marketing company for GPL software
> >> to compete with proprietary software ...
> 
> False. There are many reasons why multiple/many marketing companies
> are more effective than one. Multiple companies have to compete,
> sharpen their pitch, hustle harder, are more accountable, can
> specialize, can adapt to finer niches, etc.


Our primary intention at FD is to "replace the proprietary". So for that
we identified the requirement of a marketing company to promote the Free
code available. That's why we decided to start one. If someone else wants
to start a another one we welcome him/her and it is a healthy situation as
you have indicated.


> 
> >> and to provide salaries to developers.
> 
> False: Multiple marketing companies provide more jobs for employees.
> Also, while all developers need some form of income for their
> livelihood, such income does not have to be in the form of a
> salary.
>

I think you missed some of the documents in the FD site. In its purest
form we are aiming for a company which will resemble proprietary ones
except in ownership and licensing of the code we write.

 
> >> Without such a company, price-cutting would destroy the market for
> >> GPL software ...
> 
> False. Price cutting in theory at least increases the market, albeit
> by reducing margin. In practice, even very competitive commodity
> markets tend to avoid catastrophe by finding an eqilibrium between
> price and other factors.
> 

Now we are "enjoying" the highest price cutting; it's free :)  That's why
we cannot pay the developers. We want to pay the developers. And what you
have said is correct we got a fairly huge userbase (market).


> >> and then developers could not be paid to work on it. 
> 
> Yet somehow developers produce a lot of free software anyway. I'm
> sympathetic to the idea of getting more money to subsidize free
> software developers, but it's hard to argue that lack of pay is
> a crippling problem.

...


Its is true that even with out this company developers will keep writing
Free software. Our attempt is to take things to a higher
dimension; (again) to replace the proprietary and to pay the
(otherwise unpaid) Free developers.

cheers,

   Anil

-- 

I have signed it at http://FreeDevelopers.Net/freedomdec, did you?


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On Fri, 23 Mar 2001, Ben Laurie wrote:

> Sigh. I'm interested in free software. But free software is not the
> exclusive domain of GPL.
> 

definitely not. GNU.org itself has a list of compatible licenses. FD
decided to go with the GPL way. And it is likely to be continued in the
future.


> BTW, its unlikely that I would even consider signing your declaration,
> since it is likely to say that the GPL is the best thing since sliced
> bread, but I certainly won't until I can read it. Try a less cute font.

You have the freedom to choose. Also, instead of fighting about the finer
aspect of the terms in licensing the primary objective for a us to stay
united is to fight against the proprietary.

thanks,
   Anil


-- 

I have signed it at http://FreeDevelopers.Net/freedomdec, did you?


From fsb-return-5451-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 24 08:57:31 2001
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Lucas Vogel <lvogel@exponent.com> wrote:

> > > Can GNU tools be used in the creation/use/distribution of classified
> > > software?

I replied:

> > Yes, as long as you just want to _use_the_tools_ for this
> > purpose.
> > 
> > However you are not allowed to take parts of the source code of
> > GNU programs and adapt them for inclusion in classified
> > software.

Frank Hecker <frank@collab.net> replied:

> I respectfully disagree. Based on my reading of it, the GPL does not
> require that you make source code for derived works publicly available,
> it requires only that you make the source code available to those to
> whom you distribute the derived work. For example, IMO the NSA can take
> unclassified publicly available GPLed software, create a derived work
> that is itself classified (under relevant US government regulations),
> and provide that derived work to (say) a US government contractor as
> classified material. The NSA would comply with the requirements of the
> GPL by (among other things) providing the contractor with the source
> code for the NSA's modifications to the original GPLed software, and
> providing the derived work as a whole under GPL terms and conditions.
> 
> The contractor would then be free to redistribute that work, including
> NSA's modifications, to others under GPL terms and conditions. As it
> happens, the contractor would be prohibited by US law from distributing
> the work to anyone not authorized to handle classified material, but IMO
> that is not a problem for the GPL, as discussed below.

So under your interpretation of the GPL, the NSA has the right
to distribute "classified GPL'd software" to whoever they like
while at the same time restricting the recipient of this
"classified GPL'd software" from distributing the software
further?

I would say that this contradicts both the spirit and the text
of the GPL.

> As a final comment, I think the FSF did a very smart thing by
> disallowing as free software licenses licenses that mandate public
> disclosure of modifications.

I agree.

However the GPL is also designed to be incompatible with
some types of licenses.  I would say that "This is classified
software and you are hereby given security clearance to have
it" is a GPL-incompatible software license.

> If free software licenses were either required or allowed to
> mandated public disclosure, then IMO the end result would have
> been to restrict significantly the environments in which free
> software could be used.

Yes.  The NSA, just like any other licensee of GNU software, is
free to create a derivative work of the GNU software and label
it "For internal use only.  This software is classified and in
addition it must not be distributed outside of the NSA."  There
is no conflict between the GPL and deciding that a derivative
work is "classified software" or a "trade secret" or whatever,
as long as the derivative work is not redistributed.

However the original question was not asked by a representative
of the NSA or any branch of the military, but the question came
from a software company (which I assume has been granted some
security clearance).  So the possibility of creating a derived
work and not distributing it at all is probably not relevant to
the original question.

I wrote:

> > Why is there a need for classified software anyway?  I agree
> > that there is a need to keep some information confidential, or
> > secret.  But I do not see any reason why it would not be a good
> > idea to rely entirely on free software for processing and
> > protecting this confidential information.

David Schoen <schoen@loyalty.org> replied:

> Some software is classified because it reveals classified technology
> or techniques.
> 
> For example, software which simulates reactions in nuclear weapons is
> classified because it contains or produces classified information about
> nuclear weapons.

You're right.  In general I believe that it is best when
software is publicly available even when the data that it
processes may be confidential.

However in this case I understand that the 'data' (the
mathematical model of a nuclear weapon) will be so complicated
that it must be specified in a programming language.

But it should still be feasible to separate the system into
parts in a way that avoids all problems with the Free Software
Foundation's licensing policy.

I would suggest that it is reasonable to devide the system into
three parts:

a) A 'user interface' part, for starting/stopping the simulation
   and displaying the results
b) A 'classified information' part, probably a C, C++ or FORTRAN
   program for doing some serious number crunching 
c) An 'information processing' part that acts on the 'classified
   information'.  This part might simply consist of a GNU
   complier, or it may be a derivative work of such a compiler.

Parts 'a' and 'c' can be GPL'd free software.  Code from the GNU
project and other free software can then be freely re-used.

Part 'b' will remain classified, i.e. it is possible to
distribute it outside your organisation and still make it
available only to selected people and/or organisations and
forbid them from distributing it to others.

Nota bene, the number-crunching part 'b' can use the appropriate
GNU libraries because they're available under the Lesser GNU
Public License.

> software which could otherwise be free builds in trade secrets so that
> the software can't be disclosed without revealing the trade secrets.
> I'm not just talking about having a database password inside a Perl
> script, but for example a lot of financial companies have their own
> secret models of financial markets -- and they have programs to work
> out those models, and if you saw the programs, you would know their
> models.

*nod* - and i think, the same discussion applies.

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com

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>>>>> "Ton" == TonStanco  <TonStanco@aol.com> writes:

>  > [http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even
>  > someone who supports non-GPL free software has to like the idea of 
>  > replacing proprietary to leave the whole industry to free software.

>  [ben laurie - Ton, why don't you get a real MUA and learn how
>                the big boys conduct threads?]:
>  Indeed, but why would I support an organisation that advocates an
>  approach I don't believe in?

    Ton> Because it will achieve the goals you believe in.

Would be nice, but you proceed to explain why it cannot achieve those
goals:

    Ton> Proprietary has a huge advantage because it buys its
    Ton> supporters (developers, lawyers, politicians,
    Ton> etc.). Free software has a hard time even finding
    Ton> support among itself,

This is _not_ an accident.  "Economic man", interested only in dollars
(euros, yen, whatever), has an _enormous_ advantage in setting goals,
planning implementations, and recognizing mistakes in time to change
course and win (by his standard).  A labor union disguised as a free
software marketing collective just can't be nimble enough to compete
with "economic man."  Fortunately ...

    Ton> And if we lose at this point, how do we topple proprietary
    Ton> after it is fully ensconced in an interconnected world with
    Ton> network effects?  This is not the time for inaction.

Sure it is.  Because _we can't lose_.  Short of the totalitarian
bogeyman [skirting Godwin's Law, here!] you invoke.  As long as our
thoughts are free[1], we'll program, for fun and profit.  We're all
monkeys, in the end; _fun_ will get us every time.  AS RMS pointed out
so many years ago, programming itself is fun, and sharing programs is
more fun.  Free software isn't going to go away.  I doubt proprietary
will go away for a long long time---but it will go first.

"Economic man" can't win out over people having fun, you know.
Because in the long run, money is only a means to fun.  Even Bill
Gates has lost interest in just making money; he's now falling over
himself trying to "put it to good use."

What does this have to do with FSB?  Well, businesses can be vehicles
for fun, too.  And FSBs provide more opportunities for their workers
to do well while having fun than almost anything I can imagine (more
than being a professor---which ain't bad, but I'm trying to get out of
this place!)  Also, they're conducive to sole proprietor/partnership
organization, which both enhances the fun and lessens the importance
of profit pressure.  Not to mention that FSBs "do good" by creating,
distributing, and enhancing the reputation of, free software.

Steve "Dr. Economics" Turnbull


Footnotes: 
[1]  OK, there is a problem here: software patents _are_ dangerous.
But we don't need a FS developers' labor union to deal with that, and
it wouldn't be very effective in that role anyway.

-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

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On Fri, 23 Mar 2001, Simon Cozens wrote:

> Did Stallman really say that the GPL was the best thing since sliced bread,

Of course not.  It is just that the goal of the GPL is to _protect_
the _freedom_ whereas BSD style licenses don't care whether code
can be made proprietary later.

Sure, in an ideal world we won't need this freedom protection.  I
can therefore understand that Ben disclaims all protection and
believes in that the Right Thing will happen anyway.

On Fri, 23 Mar 2001, TonStanco@aol.com wrote:

> at this critical period. Without the GPL, there wouldn't be Linux; and 
> without Linux and the media frenzy, there wouldn't be a chance against 

I totally disagree. 

First, if you are talking about Free Software and the ideas of the
FSF, you should use the term GNU/Linux to give credit to all the
people who worked on GNU over the past 17 years.

Second, Linux (the kernel) has orginally not been published under
the GPL and Linus still does not care about proprietary or binary
only extensions to his GPLed kernel.

Third, GNU has been known for a longer time than GNU/Linux and was
used for it's quality and also for the freedom it gives.  Many, many
admins did install the GNU tools on their proprietary systems
eagerly waiting for the last missing part - the kernel.  Linux was
the replacement of that kernel at the right time. The media hype did
not orginate from the term "Linux" but from the freedom, quality and
price GNU/Linux brought to the people and the business.

Just my 2 cents,

  Werner

-- 
Werner Koch        Omnis enim res, quae dando non deficit, dum habetur
g10 Code           et non datur, nondum habetur, quomodo habenda est.
Privacy Solutions                                        -- Augustinus


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Werner Koch wrote:

> On Fri, 23 Mar 2001, Simon Cozens wrote:
>
> > Did Stallman really say that the GPL was the best thing since sliced bread,
>
> Of course not.  It is just that the goal of the GPL is to _protect_
> the _freedom_ whereas BSD style licenses don't care whether code
> can be made proprietary later.

Arguing the merrits of various free software licenses is another topic that has
been done to death on FSB.  Various people's reasons for using various licenses
are well-founded, heart-felt, and passionate.  "The Foo license is generally
better because ..." always degenerates into a useless flame war.

Consider a general assertion that either GPL or BSD is better to be an extension
of Godwin's law :-)

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org




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TonStanco@aol.com wrote:
> 
> >  > If you don't agree with Stallman on the GPL, then you won't agree with
> the
> >  > Declaration.
> >  >
> >  > But what about the reshuffling of the software industry to deal
> >  > proprietary out, as described in the Community is the Company (CommCo)
> >  > industry structure?
> >  > [http://FreeDevelopers.Net/company/CommCo/]  Can you support that? Even
> >  > someone who supports non-GPL free software has to like the idea of
> >  > replacing proprietary to leave the whole industry to free software.
> >
> >  Indeed, but why would I support an organisation that advocates an
> >  approach I don't believe in?
> 
> Because it will achieve the goals you believe in.
> 
> Proprietary has a huge advantage because it buys its supporters (developers,
> lawyers, politicians, etc.). Free software has a hard time even finding
> support among itself, because people want more to quibble with friends than
> fight the foe. While we split hairs, proprietary relentlessly marches on to
> enslave the world (e.g., HailStorm). Let's concentrate on defeating
> proprietary. Once that is done, we will have the luxury to argue over who has
> the better free license. Until that is done, we are just arguing over who has
> the better view from inside the prison wall.

Cool. So let me know when you've switched to a BSD-style licence.

Cheers,

Ben.

--
http://www.apache-ssl.org/ben.html

"There is no limit to what a man can do or how far he can go if he
doesn't mind who gets the credit." - Robert Woodruff

ApacheCon 2001! http://ApacheCon.com/

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In a message dated 3/25/01 7:36:34 AM Eastern Standard Time, 
ben@algroup.co.uk writes:
  
>  Cool. So let me know when you've switched to a BSD-style licence.
 
We won't do that because the world will end up back into a proprietary 
paradigm after a cycling or two. The other non GPL licenses allow the old 
favorite of proprietary in dealing with free standards -- embrace and extend. 
Only the GPL breaks that cycle. 

From fsb-return-5457-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Mon Mar 26 22:55:24 2001
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On Sun, 25 Mar 2001, TonStanco@aol.com wrote:
> In a message dated 3/25/01 7:36:34 AM Eastern Standard Time, 
> ben@algroup.co.uk writes:
>   
> >  Cool. So let me know when you've switched to a BSD-style licence.
>  
> We won't do that because the world will end up back into a proprietary 
> paradigm after a cycling or two. The other non GPL licenses allow the old 
> favorite of proprietary in dealing with free standards -- embrace and extend. 
> Only the GPL breaks that cycle.

I am an advocate for open source and free (maybe not all the way to the
letter) software but I don't see why a company or individual should *not* be
able to release proprietary software. 

Playing the devil's advocate for a minute... why should a software developer
use a GPL when they are charging for their software when that opens up the
possibility that the organization they are selling to can make a few
modifications and resell the software to others? Or, worse yet, from a
financial standpoint, *give away* the derivative software? 

Here's another example: I create a wonderful new widget using gcc, ld, etc... I
have done it mostly for fun and have whimsically given it a GPL. Now, company X
wants to buy the rights to said widget, but they don't want to have to release
the source changes they might make when they sell a commercial version. What
happens? Am I screwed? (this is a theoretical situation).

In my eyes, there are definitely areas for commercial (I tend to prefer that
phrase to proprietary) software. Oracle is never going to be a free software
product (meaning free as in freedom, not financial), but Oracle in a lot of
situations is a preferred tool compared to Postgres or MySQL. Maybe someday
MySQL or Postgres will have some of the advanced Oracle features, I would love
to see that but I am not going to hold my breath.

On the other hand, 75%+ of the software I use is GPLed with the majority of the
rest being either Mozilla or BSDed. But, should I not use Python because its
license doesn't care one way or another if I create commercial (eg,
proprietary) software? 

In my opinion, Tony, there is no need for this to be a holy war. It's a war of
choice, and the consumer deserves the right to choose between commercial and
free software. The majority of *users* out there could give a flying crap if
the product they have is bundled with source code. In fact, most of them will
probably resent the space it takes up on their drives.  All a user wants is
stability, ease-of-use, and power (in that order). Until some free software
product offers the same functionality and integration with the WinOS, people
will continue to use Outlook... in fact, they will continue to use Outlook
*after* this uber free software  Outlook clone is released. 

Free software (and open source, for that matter) are geared more towards the
developer than the consumer, in my opinion. 

From fsb-return-5458-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Mon Mar 26 23:51:16 2001
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Subject: Re: [Freesw] Re: FreeDevelopers
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>  I am an advocate for open source and free (maybe not all the way to the
>  letter) software but I don't see why a company or individual should *not* 
be
>  able to release proprietary software. 

Glen, if you don't see why all software should be free, instead of 
proprietary, I don't see how we can bridge that gulf. It is just too bigger 
between us. This is substantially different from saying that it should be 
free, but disagreeing on a license.

>  Playing the devil's advocate for a minute... why should a software 
developer
>  use a GPL when they are charging for their software when that opens up the
>  possibility that the organization they are selling to can make a few
>  modifications and resell the software to others? Or, worse yet, from a
>  financial standpoint, *give away* the derivative software? 

Because keeping the code free allows all developers to do development better. 
Developers can't develop if they don't have access to the code. Just like an 
airplane mechanic has to have access to the plane to do his job. And 
proprietary hides the code on the pretense it is property that they own and 
no one else should even see. I don't think anyone can seriously argue with 
that proposition. The issue has only been, if it is freely accessible to 
everyone (a good thing), how do you make money to keep the development going.

>  Here's another example: I create a wonderful new widget using gcc, ld, 
etc...
>  I have done it mostly for fun and have whimsically given it a GPL. Now, 
> company X wants to buy the rights to said widget, but they don't want to 
have to 
> release the source changes they might make when they sell a commercial 
> version. What happens? Am I screwed? (this is a theoretical situation).

No you join FreeDevelopers and get paid for developing this wonderful thing 
;-)

Seriously, you have this question, because you haven't fully understood the 
benefits to all developers from open or free code and how closing the code 
divided the developer community. In fact, you make the exact same argument 
that Gates made is his infamous letter to developers. But once you accept 
that premise, you end up with a Microsoft. Which was even tolerable before 
the Internet, but now with network effects, a dominant players will control 
the standards, and will eventually shut everyone else out.

>  In my eyes, there are definitely areas for commercial (I tend to prefer 
that
>  phrase to proprietary) software. Oracle is never going to be a free 
software
>  product (meaning free as in freedom, not financial), but Oracle in a lot of
>  situations is a preferred tool compared to Postgres or MySQL. Maybe someday
>  MySQL or Postgres will have some of the advanced Oracle features, I would 
>  love to see that but I am not going to hold my breath.

Because there are superior proprietary products, doesn't justify the 
acceptance of proprietary. It only means that free software has to work 
harder.
  
It would be surprising if proprietary didn't have superior products at this 
time, since they are paying 99% of the developers in the world to develop 
proprietary code.

>  On the other hand, 75%+ of the software I use is GPLed with the majority 
of 
> the rest being either Mozilla or BSDed. But, should I not use Python 
because 
> its license doesn't care one way or another if I create commercial (eg,
>  proprietary) software? 

Yes. That is why they will paid for free software the same way they pay for 
proprietary.

>  In my opinion, Tony, there is no need for this to be a holy war. It's a 
war 
>  of choice, and the consumer deserves the right to choose between 
commercial 
>  and free software. 

The choice is the developers', because it matter to them. The customers don't 
care as you rightfully say. But that just means that the developers have to 
protect the customers too. 

> The majority of *users* out there could give a flying crap if
> the product they have is bundled with source code. In fact, most of them 
> will probably resent the space it takes up on their drives.  All a user 
wants is
> stability, ease-of-use, and power (in that order). Until some free software
> product offers the same functionality and integration with the WinOS, people
> will continue to use Outlook... in fact, they will continue to use Outlook
> *after* this uber free software  Outlook clone is released. 
>  
>  Free software (and open source, for that matter) are geared more towards 
the
>  developer than the consumer, in my opinion. 

The development of free software is geared to the developer. But the 
marketing of free software, like any company, has to be geared to the 
consumer. 


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>>>>> "Crispin" == Crispin Cowan <crispin@wirex.com> writes:

    Crispin> Werner Koch wrote:

    >> Of course not.  It is just that the goal of the GPL is to
    >> _protect_ the _freedom_ whereas BSD style licenses don't care
    >> whether code can be made proprietary later.

    Crispin> Arguing the merrits

???  I see no arguments about merits, just a statement of fact.  A
necessary clarification in context, although most FSBers are well
aware of it.

-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

From fsb-return-5461-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 01:03:40 2001
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Frank Hecker wrote:
> Norbert Bollow wrote:
> > However you are not allowed to take parts of the source code of
> > GNU programs and adapt them for inclusion in classified
> > software.
>
> I respectfully disagree. Based on my reading of it, the GPL does not
> require that you make source code for derived works publicly available,
> it requires only that you make the source code available to those to
> whom you distribute the derived work...

Is slipping spyware into an unsuspecting person's computer
"distribution"?

What if they never discover it? :-)

/duck

Cheers,
Ben


From fsb-return-5462-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 01:09:42 2001
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[Anil Kumar:]
>> There needs to be a predominant marketing company for GPL software
>> to compete with proprietary software ...

Let me expand a little on Tom Hull's response.

Suppose I write a GPL program to be used by doctors' offices, and you write
a GPL program to be used by banks.  Why should my program and your program
have the same organization doing marketing work?  A person who would be
very effective in selling to doctors' offices would be someone who is very
familiar with how doctors do business, what their needs are, how to impress
them, etc., etc. -- and such a person would not be nearly as effective in
marketing to banks.  For similar reasons, someone who excels at *running* a
marketing organization for medical software would not be so good at running
a marketing organization for financial software.

So if you set up one uber-marketing company that is prepared to market any
GPL software by any FreeDevelopers employee, it seems like a recipe for
mediocrity.  I would rather have my medical-software services sold by a
company that specialized in medical software, even if it also sold some
proprietary medical software as well, than by a company whose focus was the
GPL.

[TonStanco:]
> Proprietary has a huge advantage because it buys its supporters
> (developers, lawyers, politicians, etc.). Free software has a hard time
> even finding support among itself, because people want more to quibble
> with friends than fight the foe. While we split hairs, proprietary
> relentlessly marches on to enslave the world (e.g., HailStorm). Let's
> concentrate on defeating proprietary.

"Proprietary", singular, does no such thing.  Vendors, plural, of
proprietary software can buy support, but (a) they have expenses that many
free-software developers don't have to worry about[*]; (b) they also
compete against each other, which inhibits any one company's ability to
march on to enslave the world; (c) their goal is not to enslave the world
(well, I might make an exception for Microsoft :-), but to make money.

I'm generally unmoved by complaints about how [fill in the name of a
community here] suffers from a lack of unity, because the person who makes
the complaint usually follows up by saying "...and therefore, you all
should unite around me."  In this case it's "...and therefore, you all
should unite around the organization I belong to", but my response is the
same: yawn.

[*]Have I ever posted my theory of free-vs.-proprietary software
competition to this list?

-- 
"The big dig might come in handy ... for a few project managers
 whom I think would make great landfill."  --Elaine Ashton
== seth gordon == sgordon@kenan.com == standard disclaimer ==
== documentation group, kenan systems corp., cambridge, ma ==

From fsb-return-5463-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 01:10:58 2001
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Date: Mon, 26 Mar 2001 11:14:38 EST
From: TonStanco@aol.com
Subject: Re: [Freesw] Re: FreeDevelopers
To: <shap@eros-os.org>, <fche@elastic.org>
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Sorry, I must have missed this post from Jonathan Shapiro on Friday. Weekends are hectic, because my wife and I have a commuter marriage for another couple of months, so half the time I'm flying or training up and down on the weekend. It is no excuse, but somehow I missed his email I think. 

>I think it is somewhat telling that the people on this
>list who are most skeptical about FreeDevelopers are
>those who have built successful businesses and
>organizations. 

People are always skeptical about anything new. It happens with everything -- GPL, free software, open source, democracy, etc., etc. So it only makes sense to reach out to the early adopters and free thinkers. [And if the concept is wrong, it atrophies naturally with the exposure to sunlight.]

>I have a working, active community (the EROS
>community) that is already known and slowly becoming
>more financially effective within the free software
>community. I don't need a new company. I'm not 
>interested in a credo. I really don't care about
>revolutionary business models that appear to be 
>totally without substance. I have a pretty strong 
>grasp on how to market this kind of product, and I
>have a very strong grasp on finance (something that
>FreeDeveloper seems to need, by the way). 

Well, with all due respect maybe FreeDevelopers isn't really for you, then. If you have a totally free software business with no proprietary software at all and it is successful and pays your developers, then great. Then FreeDevelopers is not for you. And if your model can be replicated for others successfully around the world, then FreeDevelopers may not be needed at all. This is fine, too.

The solution FreeDevelopers is trying to solve is the paying of the developers for free software development. If there is no problem to solve, because existing structures work, then there is no need for FreeDevelopers. Period.

But I have to see how you solved the systemic problem in the free software development model that allows competitors to price at the zero marginal cost. 

The dilemma in free software has always been that development costs at t=0 are sunk and therefore, the marginal costs at t=1 are zero. Since markets price at marginal cost, not average cost, competition will cause the market price to approach effectively zero. If an industry has a market price that doesn't even recoup the average costs that industry fails by competing itself to death. 

This is not a new problem by the way, railways, telephones had the same basic cost structure at the beginning of those industries where the big costs are sunk at t=0 and then the companies competed themselves to death until a new structure was put in place.

Proprietary has a solution for this problem, because it hides the source, so the sunk development costs are recoverable, since others have to duplicate the work and cost, and therefore can't price at zero.

This is the dilemma. You tell me how you solved it. Of course, you have to show me how you pay the developers. No taking the work of developers for free. That avoids the problem, not solves it. Show me how you can pay the developers and not price free software at zero and are viable longterm and I'll be very impressed.

>In three to five (reasonable length) sentences or 
>less, why should I care about FreeDevelopers? If you
>can't answer the question in three to five sentences
>that make a compelling business case, you really 
>aren't ready to be talking to people like me or FSB.

1. Why you should care about FD is because it solves the systemic problem of paying for the development of free software. 

2. It solves the problem by having one marketing company for everyone as the shock absorber between the free software developer community and the market, so they are not competing to death. 

3. That creates its own problem of market concentration, but that is solved by having the marketing entity owned by the whole developer community. 

4. And the developer community produces just as it does now by having thousands of independent free software projects and leaders. 

5. The developer community also has to have a democratic federalism between the developer company and the developer projects, so that the developer company is responsive to the developer community and does not become a new software kingdom itself, replacing one software king with another.

>Please understand: I'm not interested in discouraging
>you. I'm interested in making you productive.
>Preferably without sacrificing my own productivity.

That is quite reasonable and helps both of us.

Thanks,
tony

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Glen Starchman wrote:

> Here's another example: I create a wonderful new widget using gcc, ld, etc... I
> have done it mostly for fun and have whimsically given it a GPL. Now, company X
> wants to buy the rights to said widget, but they don't want to have to release
> the source changes they might make when they sell a commercial version. What
> happens? Am I screwed? (this is a theoretical situation).

That depends.  The software can be re-issued under any license the authors choose,
regardless of the existance of a GPL'd edition.  The catch is that you have to get
the agreement of all of the authors.  So you can effectively do the re-issue hack
if:

   * you are the sole developer
   * the other developer's contributions were minor, and therefore can be backed
     out and replaced
   * the other developers can be bought (share your profits)

None of these apply to the Linux kernel, which has hundreds or thousands of
authors, many of whom can no longer be found.  Thus the Linux kernel is
effectively GPL'd forever, but it is the many unknown authors, and not the GPL
itself, that locks in Linux's GPL'd status.

Note also that by re-issuing your widget under a proprietary license, you do NOT
get to prevent others from distributing and enhancing the existing GPL'd version
of your widget.  The re-issue hack/business plan counts on you (the primary
author) being better at supporting the widget than that rowdy gang of open source
user/developers, which may or may not be true.

Caveat:  I am not at all addressing the morality of whether one *should* engage in
such practices.  It's a free world (more or less) and I leave that up to the
authors of the code.

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org




From fsb-return-5466-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 01:40:03 2001
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On Sun, Mar 25, 2001 at 07:49:11AM -0800, Glen Starchman wrote:
> 
> Playing the devil's advocate for a minute... why should a software developer
> use a GPL when they are charging for their software when that opens up the
> possibility that the organization they are selling to can make a few
> modifications and resell the software to others? Or, worse yet, from a
> financial standpoint, *give away* the derivative software? 
> 
> Here's another example: I create a wonderful new widget using gcc, ld, etc... I
> have done it mostly for fun and have whimsically given it a GPL. Now, company X
> wants to buy the rights to said widget, but they don't want to have to release
> the source changes they might make when they sell a commercial version. What
> happens? Am I screwed? (this is a theoretical situation).
> 

   If you had released this code BSD, the company would just take the 
   code and not even think twice. In fact, company X wouldn't want to
   "buy the rights" to your code, unless your code was closed source.
   It's a very unrealistic example. 

> In my eyes, there are definitely areas for commercial (I tend to prefer that
> phrase to proprietary) software. Oracle is never going to be a free software
> product (meaning free as in freedom, not financial), but Oracle in a lot of
> situations is a preferred tool compared to Postgres or MySQL. Maybe someday
> MySQL or Postgres will have some of the advanced Oracle features, I would love
> to see that but I am not going to hold my breath.
> 
> On the other hand, 75%+ of the software I use is GPLed with the majority of the
> rest being either Mozilla or BSDed. But, should I not use Python because its
> license doesn't care one way or another if I create commercial (eg,
> proprietary) software? 
> 
> In my opinion, Tony, there is no need for this to be a holy war. It's a war of
> choice, and the consumer deserves the right to choose between commercial and
> free software. The majority of *users* out there could give a flying crap if
> the product they have is bundled with source code. In fact, most of them will
> probably resent the space it takes up on their drives.  All a user wants is
> stability, ease-of-use, and power (in that order). Until some free software
> product offers the same functionality and integration with the WinOS, people
> will continue to use Outlook... in fact, they will continue to use Outlook
> *after* this uber free software  Outlook clone is released. 
> 

   Yes, *however*, many end users are becoming more and more "aware of their
   surrounding" so to speak. In that they may realize that some programs,
   because of their open-source roots, tend to be more stable, and more
   powerfull. Although many aren't, I think that as time goes on, more
   and more open-source projects will get the status of Apache/Linux/BSD
   etc. as being the "best / stablest / most powerfull " etc. etc.

   If these users, more and more, begin to use open-source software,
   the developers, in turn, will find their need increasing more and
   more. The more the demand, the more a chance for making money.

> Free software (and open source, for that matter) are geared more towards the
> developer than the consumer, in my opinion. 
> 

-- 
  Nick Jennings            |  "Laugh, and the world ignores you.  
  http://nick.namodn.com   |    Crying doesn't help either."



From fsb-return-5467-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 01:45:51 2001
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> Here's another example: I create a wonderful new widget using gcc, ld,
etc... I > > have done it mostly for fun and have whimsically given it a GPL.
Now, company X > > wants to buy the rights to said widget, but they don't want
to have to release > > the source changes they might make when they sell a
commercial version. What > > happens? Am I screwed? (this is a theoretical
situation). > 
> That depends.  The software can be re-issued under any license the authors choose,
> regardless of the existance of a GPL'd edition.  The catch is that you have to get
> the agreement of all of the authors.  So you can effectively do the re-issue hack
> if:
> 
>    * you are the sole developer
>    * the other developer's contributions were minor, and therefore can be backed
>      out and replaced
>    * the other developers can be bought (share your profits)

Thanks, Crispin... note that this is a completely hypothetical scenario. In
reality, I have come across situations whereby a company wished to use a
proprietary license for the core of a product, but was not adverse to GPLing
other parts... I think that is a relatively common scenario nowadays.

> 
> Note also that by re-issuing your widget under a proprietary license, you do NOT
> get to prevent others from distributing and enhancing the existing GPL'd version
> of your widget.
That's to be expected. But for another question: is there a *legal* mechanism
for changing an existing license, especially in regards to GPL? 

>The re-issue hack/business plan counts on you (the primary
> author) being better at supporting the widget than that rowdy gang of open source
> user/developers, which may or may not be true.

Which, I believe, is the primary motivation behind big business's use of closed
source licensing... the fear that someone will take their code and create a
monstrosity out of it and still refer to the original product. I have had
several discussions with clients in this regard.

On the other hand, there are definitely cases where software companies fear an
open source effort will be *superior* to their own proprietary product.

Caveat:  I am not at all addressing the morality of whether one *should* engage
in > such practices.  It's a free world (more or less) and I leave that up to
the > authors of the code.

<apologies...KMail seems to have completely screwed up the formatting of this
message upon reply>
 


From fsb-return-5468-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 01:53:56 2001
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Subject: Re: GNU and classified software
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on Mon, Mar 26, 2001 at 09:15:44AM -0500, Ben_Tilly@trepp.com (Ben_Tilly@tr=
epp.com) wrote:
>=20
> Frank Hecker wrote:
> > Norbert Bollow wrote:
> > > However you are not allowed to take parts of the source code of
> > > GNU programs and adapt them for inclusion in classified
> > > software.
> >
> > I respectfully disagree. Based on my reading of it, the GPL does not
> > require that you make source code for derived works publicly available,
> > it requires only that you make the source code available to those to
> > whom you distribute the derived work...
>=20
> Is slipping spyware into an unsuspecting person's computer
> "distribution"?
>=20
> What if they never discover it? :-)

That's not quite so glib as you might think it is.

I had a brainwave some time back that foreign companies whose
communications were being intercepted by Echelon might seek suit against
the US Government under the DMCA anti-circumvetion laws.  While national
security is exempted, corporate and/or commercial interests are not.
This could be an interesting bit of caselaw.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
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From fsb-return-5469-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 02:25:19 2001
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Glen Starchman wrote:

> > Note also that by re-issuing your widget under a proprietary license, you do NOT
> > get to prevent others from distributing and enhancing the existing GPL'd version
> > of your widget.
> That's to be expected. But for another question: is there a *legal* mechanism
> for changing an existing license, especially in regards to GPL?

The "mechanism" is no different than the original copyright applied to anything that
anyone writes.  You are not actually *changing* the license (you can't do that).  What
you are doing is *re-issuing* the code under a new license.  As the copyright
holder(s) on a work, the author(s) can do that, while others cannot.

So the "mechanism" such as it is, is:

  1. Make sure all author(s) agree to the change.
  2. Hack the sources & binaries to reflect the new license.
  3. Publish.

Screw up on step 1, and one of the authors can claim that your re-issued product is a
violation of hir license on the old product, and force you to do ugly things.  To my
knowledge, no mechanism exists for assuring step 1 other than careful diligence.

Disclaimer, before I get myself in trouble:  I am not a lawyer, get your own legal
advice.

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org


From fsb-return-5459-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 03:25:36 2001
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Norbert Bollow wrote:
> So under your interpretation of the GPL, the NSA has the right
> to distribute "classified GPL'd software" to whoever they like
> while at the same time restricting the recipient of this
> "classified GPL'd software" from distributing the software
> further?

It is not the NSA itself that is restricting the distribution, it is US
government laws and egulations. (If it's confusing to think of the NSA
as distinct from the US government in this context, imagine a situation
where a government contractor creates classified software and
distributes it to another US government contractor.)

This is exactly analogous to the former situation in the US with regard
to encryption software. Prior to the US government export control
regulations being changed (say, back in 1999) a US citizen and resident
could create software implementing an encryption algorithm (DES, RSA,
whatever), license it under the GPL and distribute it to another US
resident; however the recipient of the software would be prohibited from
redistributing that software to further persons, if those persons were
not in the US (or Canada). That restriction was not imposed by the
creator of the software, it was imposed by US government laws and
regulations relating to encryption software.

> However the GPL is also designed to be incompatible with
> some types of licenses.  I would say that "This is classified
> software and you are hereby given security clearance to have
> it" is a GPL-incompatible software license.

I think there is confusion here between a license and an overriding law
or regulation. Prior to 2000, if I said, "This is encryption software
developed in the US, and you must be a US citizen or resident to have
it", that doesn't change the license, it just specifies that additional
laws and regulations apply over and above the license.

> In general I believe that it is best when
> software is publicly available even when the data that it
> processes may be confidential.

I don't disagree. For what it's worth, I doubt that there is or will be
much if any software created "from scratch" by NSA or anyone else that
is both classified and under the GPL. The original question was about
creating classified software using GPLed tools, which is a different
issue. I also suspect that there are also pre-existing GPLed products
used within classified environments, and I presume that the people using
those products may make in-house bug fixes and enhancements. However if
I would be very surprised to learn that NSA or anyone else had created a
classified application themselves and decided to license it under the
GPL. 

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/

From fsb-return-5470-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 03:43:43 2001
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>>>>> "Glen" == Glen Starchman <glen@enabledventures.com> writes:

    Glen> Playing the devil's advocate for a minute... why should a
    Glen> software developer use a GPL when they are charging for
    Glen> their software when that opens up the possibility that the
    Glen> organization they are selling to can make a few
    Glen> modifications and resell the software to others? Or, worse
    Glen> yet, from a financial standpoint, *give away* the derivative
    Glen> software?

It's not a rhetorical question, you know.  There are affirmative
answers: seeking them is what this list is about.  Also cf. Shapiro
(not Jonathan ;) and Varian, _Information Rules_.

    Glen> commercial (I tend to prefer that phrase to proprietary)
    Glen> software.

But it's not your choice, you know.  "Commercial" means "something" is
"for sale."  It is possible (eg, if the buyers are ASPs and do not
intend to redistribute) to sell free software at monopoly prices.  It
is possible to sell free software at a tidy profit if bundled with
other services.  The buyers _do_ get access to source and _may_
redistribute it; they just don't want to, or at least redistribution
doesn't destroy the target market.

"Proprietary" means "if you want to use these ideas, you have to pay
what I ask."  Source may or may not be distributed, there may or may
not be a price to run the software.  But you have no right to pass it
on.

You really shouldn't confuse those two words.

-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

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Munsterman, Paul writes:
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From fsb-return-5472-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 14:48:41 2001
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Subject: Re: GNU and classified software
To: Frank Hecker <frank@collab.net>
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From: Ben_Tilly@trepp.com
Date: Tue, 27 Mar 2001 09:46:06 -0500
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Frank Hecker wrote:
> Norbert Bollow wrote:
> > So under your interpretation of the GPL, the NSA has the right
> > to distribute "classified GPL'd software" to whoever they like
> > while at the same time restricting the recipient of this
> > "classified GPL'd software" from distributing the software
> > further?
>
> It is not the NSA itself that is restricting the distribution, it is US
> government laws and egulations. (If it's confusing to think of the NSA
> as distinct from the US government in this context, imagine a situation
> where a government contractor creates classified software and
> distributes it to another US government contractor.)

Why does that matter?

> This is exactly analogous to the former situation in the US with regard
> to encryption software. Prior to the US government export control
> regulations being changed (say, back in 1999) a US citizen and resident
> could create software implementing an encryption algorithm (DES, RSA,
> whatever), license it under the GPL and distribute it to another US
> resident; however the recipient of the software would be prohibited from
> redistributing that software to further persons, if those persons were
> not in the US (or Canada). That restriction was not imposed by the
> creator of the software, it was imposed by US government laws and
> regulations relating to encryption software.

IANAL but please explain how section 7 of the GPL is consistent with
this.  If you are prevented from distributing except to people who
may not in turn distribute however they want, then you are not allowed
to distribute at all.  Or at least that is how I read it.

> > However the GPL is also designed to be incompatible with
> > some types of licenses.  I would say that "This is classified
> > software and you are hereby given security clearance to have
> > it" is a GPL-incompatible software license.
>
> I think there is confusion here between a license and an overriding law
> or regulation. Prior to 2000, if I said, "This is encryption software
> developed in the US, and you must be a US citizen or resident to have
> it", that doesn't change the license, it just specifies that additional
> laws and regulations apply over and above the license.

I am not confused.  I am of the belief that the additional
regulations when combined with the terms of the license forbid
distribution at all.

The pertinant section starts:

    7. If, as a consequence of a court judgment or allegation of patent
  infringement or for any other reason (not limited to patent issues),
  conditions are imposed on you (whether by court order, agreement or
  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
  otherwise) that contradict the conditions of this License, they do not
  excuse you from the conditions of this License.  If you cannot
  distribute so as to satisfy simultaneously your obligations under this
  License and any other pertinent obligations, then as a consequence you
  may not distribute the Program at all. [...]                       ^^^
  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

(My emphasis.)

Cheers,
Ben


From fsb-return-5473-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 17:05:47 2001
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From: TonStanco@aol.com
Subject: Re: [Freesw] Re: FreeDevelopers
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This is the best explanation of multiple licensing I've seen. But I would add one caution, no court has spoken on the GPL, yet, so you have to be careful, because a court might see it differently. 

For example, someone could argue that the GPL was an exclusive license and so the author gave all the rights away, and had nothing left to give, because otherwise the GPL and the other license fundamentally contradict. Though others may say that it was a limited license and the author kept the right to re-license and so could still do so. 

This concrete has been poured, but hasn't set yet, and until a court rules you should remember the situation is still liquid. 

I think RMS accepts multiple licensing with the GPL, so that helps, though, but is not determinative. 

[disclaimer: this is not legal advice and don't rely on it.]

>Crispin Cowan wrote: 
>That depends.  The software can be re-issued under any
>license the authors choose, regardless of the 
>existance of a GPL'd edition.  The catch is that you 
>have to get the agreement of all of the authors.  So
>you can effectively do the re-issue hack
>if:
>   * you are the sole developer
>   * the other developer's contributions were minor,
> and therefore can be backed out and replaced
>   * the other developers can be bought (share your 
>profits)
>None of these apply to the Linux kernel, which has
>hundreds or thousands of authors, many of whom can no
>longer be found.  Thus the Linux kernel is effectively
>GPL'd forever, but it is the many unknown authors, and
>not the GPLitself, that locks in Linux's GPL'd status.
> Note also that by re-issuing your widget under a
>proprietary license, you do NOT get to prevent others
>from distributing and enhancing the existing GPL'd
>version of your widget.  The re-issue hack/business
>plan counts on you (the primary author) being better
>at supporting the widget than that rowdy gang of open 
>source user/developers, which may or may not be true.

>Caveat:  I am not at all addressing the morality of >whether one *should* engage in such practices.  It's a
>free world (more or less) and I leave that up to the
>authors of the code.



From fsb-return-5474-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 17:09:49 2001
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Ben_Tilly@trepp.com wrote:
> > This is exactly analogous to the former situation in the US with regard
> > to encryption software. Prior to the US government export control
> > regulations being changed (say, back in 1999) a US citizen and resident
> > could create software implementing an encryption algorithm (DES, RSA,
> > whatever), license it under the GPL and distribute it to another US
> > resident; however the recipient of the software would be prohibited from
> > redistributing that software to further persons, if those persons were
> > not in the US (or Canada). That restriction was not imposed by the
> > creator of the software, it was imposed by US government laws and
> > regulations relating to encryption software.
> 
> IANAL but please explain how section 7 of the GPL is consistent with
> this.  If you are prevented from distributing except to people who
> may not in turn distribute however they want, then you are not allowed
> to distribute at all.  Or at least that is how I read it.

This is an interesting point. I don't have time to comment in full, but
I wanted to make a brief comment. The document "What is Free Software"
comments on the issue of export control as follows: "Sometimes
government export control regulations and trade sanctions can constrain
your freedom to distribute copies of programs internationally. Software
developers do not have the power to eliminate or override these
restrictions, but what they can and must do is refuse to impose them as
conditions of use of the program. In this way, the restrictions will not
affect activities and people outside the jurisdictions of these
governments."

On rereading it, the last sentence seems to imply that this is written
from the point of view of a developer _outside_ the areas under
restriction. Thus, for example, if a developer lives in a country with
no export or other restrictions, they simply distribute the software
under a free software license, and don't worry about restrictions other
countries might impose; their only obligation is not to incorporate
these restrictions "as conditions of use of the program."

But consider this from the point of view of a developer living within a
country with export restrictions, releasing the exact same software
under the exact same free software licence, but knowing that the
software cannot be distributed outside their country. Is that developer,
purely releasing the software in this context, imposing restrictions "as
conditions of use of the program"? And thus that the developer cannot
therefore by definition release this software as free software? (The GPL
clauses you quote appear to be a special case of this.)

If this is true, then this same reasoning would apply to software
released under a free software license but for internal use only with an
organization, or to the case we've been discussing of classified
software which can be distributed only to those posessing the proper
security clearance: by definition these cannot be free software even if
they are nominally released under a free software license, and could not
be released under the GPL according to the clause you quote.

So then this by extension would mean that a government agency that took
GPLed software from outside for use in a classified environment, made
modifications, and distributed the resulting software to other agencies
or to contractors, also for use in classified environments, would be in
violation of the GPL. Which seems like we're leading up to a argument
that the US government should strongly discourage the use of GNU/Linux
software by government agencies, at least for classified applications
and other circumstances where government regulations might restrict
distribution of the software. I think I'm beginning to sound like Jim
Allchin :-)

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/

From fsb-return-5475-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Mar 27 23:49:22 2001
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Ben_Tilly@trepp.com writes:

> Frank Hecker wrote:
> 
> > This is exactly analogous to the former situation in the US with regard
> > to encryption software. Prior to the US government export control
> > regulations being changed (say, back in 1999) a US citizen and resident
> > could create software implementing an encryption algorithm (DES, RSA,
> > whatever), license it under the GPL and distribute it to another US
> > resident; however the recipient of the software would be prohibited from
> > redistributing that software to further persons, if those persons were
> > not in the US (or Canada). That restriction was not imposed by the
> > creator of the software, it was imposed by US government laws and
> > regulations relating to encryption software.
> 
> IANAL but please explain how section 7 of the GPL is consistent with
> this.  If you are prevented from distributing except to people who
> may not in turn distribute however they want, then you are not allowed
> to distribute at all.  Or at least that is how I read it.
> 
> [...]
> 
> I am not confused.  I am of the belief that the additional
> regulations when combined with the terms of the license forbid
> distribution at all.
> 
> The pertinant section starts:
> 
>     7. If, as a consequence of a court judgment or allegation of patent
>   infringement or for any other reason (not limited to patent issues),
>   conditions are imposed on you (whether by court order, agreement or
>   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>   otherwise) that contradict the conditions of this License, they do not
>   excuse you from the conditions of this License.  If you cannot
>   distribute so as to satisfy simultaneously your obligations under this
>   License and any other pertinent obligations, then as a consequence you
>   may not distribute the Program at all. [...]                       ^^^
>   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

The interpretation that seems most logical to me is that these
conditions are not being imposed on _you_ (the developer and publisher
of the software) but imposed on the recipients of the software.

The "condition[] of this License" in question is 2(b):

    b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License.

and then again 6:

    6. Each time you redistribute the Program (or any work based on the
    Program), the recipient automatically receives a license from the
    original licensor to copy, distribute or modify the Program subject to
    these terms and conditions.  You may not impose any further
    restrictions on the recipients' exercise of the rights granted herein.
    You are not responsible for enforcing compliance by third parties to
    this License.

The discussions of "to be licensed" and to "receive[] a license [...] to
copy [...]" seem to relate only to permissions under copyright law.
But copyright law is not the only thing that might prevent someone
from distributing something.  If there happens to be some other
extrinsic reason that someone can't or won't redistribute GPLed
software, or that person just doesn't want to, that doesn't mean that
you're violating the GPL by giving modified GPL-covered software to
that person.

I think the only serious ambiguity comes from the phrase "You may not
impose any further restrictions on the recipients' exercise of the
rights granted herein".  There shouldn't be any question that someone
_else_ might impose further restrictions.  I once gave the example of
a country where women are not allowed to use computers; if you publish
modifications to GPLed software there, some people might be restricted
by third parties from exercising the rights that you granted them under
copyright law.  But that's not your fault; you aren't violating the
GPL just because women in that country wouldn't be allowed to use your
software.  _You_ didn't tell the women not to use the program; _you_
didn't impose further restrictions.

So the question with government administrative classifications and
maybe also with trade secrets is what counts as imposing a
restriction.  A government agency could argue that it didn't actually
create the regime of classification which is preventing the contractor
from publishing the software, and that it's definitely not trying to
use copyright to prevent publication.  The agency can say that it did,
as 2(b) required, or whatever, perhaps grant a license to everyone to
copy the material -- under copyright law -- but still the general
public is not allowed to see it, for reasons entirely unrelated to
copyright.

In fact, as far as I know, since all original U.S. government works
are not copyrighted, classified materials produced internally by a
government agency are _only_ protected from publication by the secrecy
oaths or NDAs which officials or contractors signed, and by the
penalties which can sometimes apply for violating administrative
classification regulations.  This is why, when classified U.S.
government works are sometimes leaked, journalists can publish them
without fear of a copyright lawsuit: they're not copyrighted!

So, what if I had a prior NDA with someone who agreed in writing never
to disclose anything that I shared with him about avocadoes.  Then one
day I wrote a patch for someone else's GPLed program which relates to
avocadoes.  And I share that program with the person who is under
this NDA, and I say that I am causing the modified program to be
licensed as a whole at no charge to all third parties under the terms
of the GNU GPL, and I expect him to honor his NDA and never share
anything I wrote about avocadoes with a third party.  So am I in this
case imposing a "further restriction"?

It seems a little murky to me.

-- 
Seth David Schoen <schoen@loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5

From fsb-return-5476-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 28 00:15:08 2001
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> Someone could argue that the GPL was an
> exclusive license and so the author gave all
> the rights away, and had nothing left to give,
> because otherwise the GPL and the other
> license fundamentally contradict. ...

I'm not a lawyer either, but I know a bit about IP licenses, and the above
hypothesis is crap. GPL doesn't say *anywhere* that it is an exclusive
license.

If you were inclined to lose sleep over this suggestion, sleep comfortably.

Jonathan


From fsb-return-5477-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 28 00:34:15 2001
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"Jonathan S. Shapiro" wrote:

> > Someone could argue that the GPL was an
> > exclusive license and so the author gave all
> > the rights away, and had nothing left to give,
> > because otherwise the GPL and the other
> > license fundamentally contradict. ...
>
> I'm not a lawyer either, but I know a bit about IP licenses, and the above
> hypothesis is crap. GPL doesn't say *anywhere* that it is an exclusive
> license.

However, this is America, and someone can argue any kind of silly-assed
nonsense they want in a nuiscance law suit :-)

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org


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Subject: Re: GNU and classified software
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> It seems a little murky to me.

WRT NDAs...

IMHO, if you won't (or can't) give someone a copy of the software
until/unless they agree to waive some of the rights the GPL would have
granted them, you shouldn't give it to them. Especially if you're not
the sole author.  If, however, you would/could give it to them whether
they waived those rights or not, but they happen to waive them anyway,
that would be OK.

I don't think the GPL is written this way, though.  The GPL doesn't
force you to distribute your program.  If you choose only to
distribute to people who have NDAs, that's your choice.  However, if
that person chooses to violate the NDA and redistribute the code, the
GPL would grant the recipients the right to further redistribution -
that's what you agreed to when you gave it to the other NDA party
under the GPL.  Your only recompense is a court penalty for that
person violating the NDA, but I don't think you can do anything about
the non-NDA'd people who receive it.  They can continue redistributing
it without penalty.

From fsb-return-5479-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 28 08:11:09 2001
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DJ Delorie wrote:

> > It seems a little murky to me.
>
> WRT NDAs...
>
> IMHO, if you won't (or can't) give someone a copy of the software
> until/unless they agree to waive some of the rights the GPL would have
> granted them, you shouldn't give it to them. Especially if you're not
> the sole author.

There are extenuating circumstances.  The most obvious was the people
doing the Merced/Itanium/IA64 port of GCC, who had to be under NDA to get
early access to the IA64 spec & simulators.  Reportedly, this was judged
to be sufficiently in the interest of the long-term interest of the
GCC community that some vigorous nudging & winking over the pro forma GPL
violation went on.  I'm sure the definite & near-term end-date to the
NDA helped asuage people's concerns, too.

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org


From fsb-return-5480-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 28 10:14:44 2001
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>>>>> "Crispin" == Crispin Cowan <crispin@wirex.com> writes:

    Crispin> The most obvious was the people doing the
    Crispin> Merced/Itanium/IA64 port of GCC, who had to be under NDA
    Crispin> to get early access to the IA64 spec & simulators.
    Crispin> Reportedly, this was judged to be sufficiently in the
    Crispin> interest of the long-term interest of the GCC community
    Crispin> that some vigorous nudging & winking over the pro forma
    Crispin> GPL violation went on.

I don't see any GPL violation at all.  No software is being
"distributed" in the mere process of development.  Even when handing
the product to Intel, I don't see that the developers can appeal to
the GPL---Intel did not write and distribute the software to them!
Intel can not distribute if it chooses.  (Of course, if Intel proceeds
to distribute, it must be under GPL.)  The developers have no right to
distribute the software themselves---GPL clause 7 makes that clear.

The GPL is _not_ a magic wand.  The GPL is a fascinating piece of
legal and economic judo.  It uses the strong desire of software
developers to _distribute_ their product (for fun, profit, potlatch,
or "alpha hacker status") to encourage them to distribute broadly by
preventing them from distributing at all otherwise.

But it (as of v2, anyway) can't do anything about "dark room
developers" who don't care if their product never sees the light of
day (or have signed away that right).

    Crispin> I'm sure the definite & near-term
    Crispin> end-date to the NDA helped asuage people's concerns, too.

DJ has discussed this in the past.  Evidently Cygnus (now Red Hat)
made some mistakes in signing NDAs in the past, which led to
Cygnus-developed enhancements remaining unavailable to the public due
to internal fxxk-ups by the hardware manufacturer.  They vowed "never
again", and now (IIRC DJ's explanation) insist on fairly short term
limits on NDAs that they sign.

But again, the GPL gives absolutely no leverage on software that is
not being distributed.  The NDA "mistake" was simply a matter of
abusing the Cygnus developers' trust by permitting the hardware
manufacturer to retain proprietary rights that prevented Cygnus from
distributing the software, as they very naturally wished to do.

-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

From fsb-return-5481-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 28 10:26:14 2001
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>shap@eros-os.org writes:

> I'm not a lawyer either, 

Here you are jumping to unfounded conclusions, again. I never said I wasn't a 
lawyer. I'm a corporate/securities attorney who formerly worked at the 
Securities and Exchange Commission in the Internet and software group and 
worked on over 300 IPOs. I have not one but 2 law degrees. The normal one and 
a LL.M. in financial regulation. I left a great, safe career at the SEC to 
work on FreeDevelopers. So your statement that FreeDevelopers has an 
incoherent financial plan was also quite amusing.

>  but I know a bit about IP licenses, and the above
>  hypothesis is crap. GPL doesn't say *anywhere* that it is an exclusive
>  license.

>  If you were inclined to lose sleep over this suggestion, sleep comfortably.

If you think that anything is settled in the area of intellectual property 
law and software, take a look at any prospectus dealing with software. In the 
front after the Summary, there's a section called Risk Factors. Under that 
section, you will invariably find a Risk Factor on the unsettled state of 
intellectual property law, because it is an absolute mess. This doesn't just 
apply to the GPL license; it cautions about the state of everything in the 
area. That doesn't mean anyone needs to lose sleep over it, but ignorance of 
trouble spots and thinking you are on absolute solid ground is not a prudent 
thing, either.

tony

From fsb-return-5482-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Mar 28 17:50:46 2001
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> DJ has discussed this in the past.  Evidently Cygnus (now Red Hat)
> made some mistakes in signing NDAs in the past, which led to
> Cygnus-developed enhancements remaining unavailable to the public due
> to internal fxxk-ups by the hardware manufacturer.  They vowed "never
> again", and now (IIRC DJ's explanation) insist on fairly short term
> limits on NDAs that they sign.

FYI "Evidently...manufacturer" didn't come from me.  It was before my
time.

From fsb-return-5483-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 08:02:17 2001
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Subject: Re: GNU and classified software
References: <66037540DA72D31180D400A0C9D17D1F466280@phoenix1.exponent.com> <200103232141.WAA30718@quill.thinkcoach.com> <20010323190113.C32421@zork.net> <200103240851.JAA00528@quill.thinkcoach.com> <3ABED200.5F05A0FB@collab.net>
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I wrote:

> > So under your interpretation of the GPL, the NSA has the right
> > to distribute "classified GPL'd software" to whoever they like
> > while at the same time restricting the recipient of this
> > "classified GPL'd software" from distributing the software
> > further?

Frank Hecker <frank@collab.net> replied:

> It is not the NSA itself that is restricting the distribution, it is US
> government laws and egulations.
[..]
> This is exactly analogous to the former situation in the US with regard
> to encryption software.

No, this is not exactly analogous.

When the NSA creates some software that is a derivative work of
GNU software, then the NSA has these options:

a) Not _distribute_ the software at all (it can still be used
   internally within the NSA)
b) Make the software "not classified" and then distribute it
   (this may require a formal declassification procedure)
c) Make a list of the individuals and companies who should have
   access to the software, arrange for these individuals and
   companies to have the appropriate security clearance, and
   distribute the software to them as "classified software".

So the NSA can choose between option 'b' and 'c'.  Therefore,
by choosing option 'c' the NSA would effectively impose a
restriction on how the software can be redistributed, in
violation of what the GPL says in section 6: "You may not impose
any further restrictions on the recipients' exercise of the
rights granted herein."  Then the FSF could sue the NSA.

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com


From fsb-return-5484-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 13:19:09 2001
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Norbert Bollow wrote:
> When the NSA creates some software that is a derivative work of
> GNU software, then the NSA has these options:
> 
> a) Not _distribute_ the software at all (it can still be used
>    internally within the NSA)

There is some ambiguity about whether such software could be used by an
NSA contractor. When the contractor uses the software, it has crossed
from one legal entity to another, and it could be argued that this is a
distribution.

While I don't think that this constraint was intended under GPL, I
wanted to point out that the "non-distribution" strategy has some
concerns associated with it.

Jonathan

From fsb-return-5485-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 13:30:27 2001
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TonStanco@aol.com wrote

> 1. Why you should care about FD is because it solves the
>    systemic problem of paying for the development of free
>    software.
> 
> 2. It solves the problem by having one marketing company for
>    everyone as the shock absorber between the free software
>    developer community and the market, so they are not
>    competing to death.  

Please explain how exactly this is supposed to work.  Will the
free software be available very inexpensively by downloading
from the internet?

If yes, how will you get the users to pay any significant money
for it? (Will it be bundled with consulting services?)

If no, how can you possibly prevent it?

God bless you,
Norbert

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59      Fax +41 1 972 20 69        nb@thinkcoach.com

From fsb-return-5486-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 14:30:01 2001
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TonStanco@aol.com wrote
> 2. It solves the problem by having one marketing company for
>    everyone as the shock absorber between the free software
>    developer community and the market, so they are not
>    competing to death.

In my opinion, one of the fundamental advantages that a free software
project potentially has is reputation. By virtue of being free, a free
software project is able to take a certain type of "moral high ground"
that proprietary efforts cannot take.

However, the general audience consumer doesn't really know how to
evaluate software quality in depth. Their view is "it works for me" (or
not) and possibly "it worked for me in the past so I'll upgrade it." By
"upgrade", they mean that they will go to the same vendor and by a new
version. That is, **in the general purpose market, free software revenue
is about brand identity.** Of the $100 that the customer pays for
Windoze, $7 is materials cost, $30 or so is channel distribution costs,
and $63 is for the value of the brand (we could debate the figures, but
the point is sound).

So here is my view about offloading marketing to an organization like
FreeDevelopers:

If you want your product to be commercially successful, and you want to
make money off of that, you'ld be a damned fool to let some third party
company that has no specific mission focus do the marketing. Unless they
have a specific interest in what *your* system does, it will get lost in
the jumble of all the other marketing activities they undertake, and it
will have no brand identity at all.

This isn't a new idea. For years, there were "software publishers" who
did exactly this kind of thing in the proprietary softrware world. Most
of the software they dealt in was pretty minor and didn't go anywhere.
On big ticket items, a lot of software authors got screwed.

If you feel that you aren't the right person to market what you have, it
may be a good idea to bring in a group that does marketing and sales
well, but find one that will *cherish* the software that you do because
they have a stake in its success.


Jonathan

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Cc: fsb@crynwr.com, freesw@conecta.it
Subject: Re: [Freesw] Re: FreeDevelopers
Message-ID: <20010329093215.A18698@griggsinst.org>
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The problem I acquired with FreeDevelopers, after reading the mailing
list for about two weeks, was that there was a lot of talk about
vaguely defined but strongly and emotionally expressed philosophy,
but little about Software.  If I had seen one application described,
or even one discussion about the kind of SW process they intend
to use I would think they had some germ of an idea.  Alas, I
saw nothing of substance there.

Just my bit, for whatever little it may be worth.
--=20
Call me Svejk.
bill.white@griggsinst.org                 Griggs Research Institute

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From fsb-return-5488-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 16:48:27 2001
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I believe that non-discrimination of distribution is a requirement under
the GPL, as with OS software. You cannot simultaneously practice
non-discrimination and require that a recipient has the military-given
right to view secret/top secret/sensitive documents.

I believe that non-discrimination is a central feature to OS and FS.
(One I am, btw, not terribly fond of since it prohibits limits for
safety-critical systems. Being able to prohibit use of software for
safety-critical systems seems damn reasonable to me.)

I also believe that I will certainly be corrected if I am wrong ....

-Jean



From fsb-return-5489-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 17:32:00 2001
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on Tue, Mar 27, 2001 at 08:31:10AM -0500, Russell Nelson (nelson@crynwr.com=
) wrote:
> Munsterman, Paul writes:
>  >=20
>=20
> Have you considered removing yourself?  Send mail to
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> look in the headers of the email for your subscription address, and
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Many lists carry a footer with short unsubscribe information.  This at
least indicates that the request is coming from someone who can't read.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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From fsb-return-5490-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Mar 29 17:42:31 2001
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From: Tony  Stanco <tonstanco@aol.com>
Subject: A World Without Microsoft article
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FYI, you may be interested in this link at LinuxToday 
[http://linuxtoday.com/news_story.php3?ltsn=2001-03-28-006-20-OS-CY]

There is the RedPepper article, (which is interesting so say the least), 
the update and the talkbacks at LinuxToday, all at the same url.

+++++++++++
UPDATED: RedPepper: A World Without Microsoft 
Mar 29, 2001, 14 :09 UTC (33 Talkback[s]) (6721 reads) (Other stories by 
Heather Sharp) 

Tony Stanco wrote in this morning with these thoughts: 

A lot of commentators to this article are trying to use inappropriate 
terms, and so are missing a huge point. We are entering the intellectual 
age, so your great grandfather's socio-economic labels no longer apply. 
We need to find new terms and ideas to describe our own reality. 

And to do that you need to go back to first principles, which is why 
FreeDevelopers wiped the slate clean and went back to the most basic 
principles: 


We hold these truths to be self-evident, that all men and women are 
created equal, that they are endowed with certain inalienable Rights, 
and that chief among these are Life, Liberty and the pursuit of 
Happiness. 
And went on from there in the Declaration of Software Freedom and The 
Community is the Company (CommCo) organizational structure. 

I call the emerging paradigm "democratic economics" and the new 
commercial organizations, "democratic economic structures." But who 
cares what you call it. But you need to understand that we are in a new, 
strange land. 

Someone some time back said I should look at Dee Hock's "Birth of the 
Chaordic Age." Dee Hock is the founder of VISA and since the VISA 
structure is one of the models for the FreeDevelopers', The Community is 
the Company (CommCo) structure, I was meaning to take a look for awhile. 
Well, I had some down-time on Tuesday and went to the library and picked 
it up. 

And this is what he says on the back cover: 


We are at the very point in time when a 400-year-old age is dying and 
another is struggling to be born - a shifting of culture, science, 
society, and institutions enormously greater than the would has ever 
experienced. Ahead, the possibility of regeneration of individuality, 
liberty, community and ethics, such as the world has never known, and a 
harmony with nature, with one another and with the divine intelligence 
such as the wolrld has always dreamed. 
In short, he gets it. In fact, boy, does he get it. I haven't finished 
it, yet, but so far there is a lot in it that is spot-on. 

He calls it chaordic (chaos and order). 1. the behaviour of any 
self-governing organism, organization or system which harmoniously 
blends characteristics of order and chaos. 2. patterned in a way 
dominated by neither chaos or order. 

I would add, democratic self-governing organization or system, but so 
what. The ideas are there. 

The reason that the VISA model was so appealing for FreeDevelopers is 
because it is a model of competition and cooperation between the 
independent member banks who use the VISA structure to solve their 
collective action problems that they had when they had the same 
networking problems as the independent free software projects are having 
now. 

So we are at a point where old thinking isn't going to help. In fact, it 
hurts. You are going to have to think for yourself for awhile. But 
that's the fun part. 

---------------------------------------------- 
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From fsb-return-5491-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 30 14:45:10 2001
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From: TonStanco@aol.com
Subject: Re: [Freesw] Re: FreeDevelopers
To: <nb@thinkcoach.com>
Cc: <shap@eros-os.org>, <fche@elastic.org>, <ben@algroup.co.uk>,
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>> 1. Why you should care about FD is because it solves >>the systemic problem of paying for the development of
>>free software.
> 
>> 2. It solves the problem by having one marketing
>> company for everyone as the shock absorber between
>> the free software developer community and the
>> market, so they are not competing to death.  

>Please explain how exactly this is supposed to work.
>Will the free software be available very inexpensively
>by downloading from the internet?
>If yes, how will you get the users to pay any
>significant money for it? (Will it be bundled with
>consulting services?)
>If no, how can you possibly prevent it?

There are at least 2 conceptually distinct customers. [BTW, Customers are not developers. Developers are producers. They need to see the code to do their work and don't pay for it] High end (government and enterprise) and low end (personal use and small business users).  

The high end actually wants a company to sue, ie. provide a warranty and branded product. The irony is that the high end wants to pay for software for 2 reasons, 1. so they can sue (even though they seldom do, but it is a mindset) and 2. they are very old school who can't understand how anything of quality can be produced without cost (they literally believe that you get what you pay for). The high end group is who we are going for. They will pay even though it is also available elsewhere. The low end group can free ride on the great software produced and take it from the Internet.



From fsb-return-5493-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri Mar 30 14:58:59 2001
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From: TonStanco@aol.com
Subject: Re: [Freesw] Re: FreeDevelopers
To: <freesw@conecta.it>, <shap@cs.jhu.edu>
Cc: <fsb@crynwr.com>, <freesw@conecta.it>, <tonstanco@aol.com>
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>The problem I acquired with FreeDevelopers, after
>reading the mailing list for about two weeks, was that
>there was a lot of talk about vaguely defined but
>strongly and emotionally expressed philosophy,
>but little about Software.  

This is a fair comment. But you need to remember that at the time we were gathering up only true believers whose heart had been touched by the philosophy of RMS and free software, so that we could give them leadership roles in the organization. So at the time we were going through a weeding out process to see who had free software credentials. That process culminated with the Declaration of Software Freedom, which marked the end of the Philosophy phase. We have now entered the business phase with the release of the CommCo structure.

>If I had seen one application described, or even one
>discussion about the kind of SW process they intend
>to use I would think they had some germ of an idea.

Existing projects are coming in and others are being proposed daily now. But that started in the last couple of weeks.

>Alas, I saw nothing of substance there.

I would suggest you check every 3 or 6 months. This is an organic, self-governing organization that evolves quickly. And what it looks like next month depends entirely on what the members decide to do with it this month. And more and better members mean better things.



From fsb-return-5494-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 02:05:07 2001
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So, it seems that the spammers have harvested the fsb@crynwr.com
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Shall we consider employing some kind of spam filter?  "Subscribers
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--
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From fsb-return-5495-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 02:39:34 2001
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From: Seth Gordon <sethg@ropine.com>
To: TonStanco@aol.com
CC: fsb@crynwr.com
In-reply-to: <25.130280f0.27f5f40d@aol.com> (TonStanco@aol.com)
Subject: Re: [Freesw] Re: FreeDevelopers
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   >Please explain how exactly this is supposed to work.
   >Will the free software be available very inexpensively
   >by downloading from the internet?
   >If yes, how will you get the users to pay any
   >significant money for it? (Will it be bundled with
   >consulting services?)
   >If no, how can you possibly prevent it?

   There are at least 2 conceptually distinct customers.... High end
   (government and enterprise) and low end (personal use and small
   business users).

   The high end actually wants a company to sue, ie. provide a
   warranty and branded product....  They will pay
   even though it is also available elsewhere. The low end group can
   free ride on the great software produced and take it from the
   Internet.

Let's say you actually have a piece of software that you're making
available through this system, and then Red Hat downloads a copy of
it, puts *their* warranty and brand on it, and competes with you for
the same high-end customers.  How will you convince potential
customers to pay you and not Red Hat?

--sethg


From fsb-return-5496-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 21:33:25 2001
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Not sure this is helpful, but a lot of spam shows up with suppressed "other
recipients". Mailman uses this as a reason not to accept the posting. Also,
if the recipient is not explicitly named in the originating "to" list.

We've had various people try to spam our lists at Hopkins, but so far only
one has actually gotten through the Mailman checks.

----- Original Message -----
From: "Crispin Cowan" <crispin@wirex.com>
To: <fsb@crynwr.com>
Sent: Friday, March 30, 2001 5:38 PM
Subject: Spam [Fwd: How to get rich.]


> So, it seems that the spammers have harvested the fsb@crynwr.com
> address.  It won't be long before there's a flood of crap posted there.
> Shall we consider employing some kind of spam filter?  "Subscribers
> only" is my favorite, and is what we employ on the Immunix mailing
> lists.
>
> Crispin
>
> --
> Crispin Cowan, Ph.D.
> Chief Research Scientist, WireX Communications, Inc. http://wirex.com
> Security Hardened Linux Distribution:                http://immunix.org
>
>
>


From fsb-return-5497-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 21:59:39 2001
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On 30 Mar 2001, Seth Gordon wrote:

: Let's say you actually have a piece of software that you're making
: available through this system, and then Red Hat downloads a copy of
: it, puts *their* warranty and brand on it, and competes with you for
: the same high-end customers.  How will you convince potential
: customers to pay you and not Red Hat?

There are successful GPL stuff which are vulnerable to the situation as
given above:

1. GNOME of Ximian (formerly Helix). This is GPL'd.  RedHat or anyone
can do anything as you say.

2. Nautilus of Eazel is exactly like item No. 1.

My question is how these two companies survive? How they signed huge
contracts with HP (Ximian); Sun and Dell (Eazel)? Why didn't the client
companies sign with RedHat or similar ones who can also offer what
Ximian or Eazel do?


Radi
__________________________________________________________________
I have signed it at http://FreeDevelopers.Net/freedomdec, did you?


From fsb-return-5498-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 22:00:47 2001
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Date: Sat, 31 Mar 2001 08:51:27 EST
Subject: Re: [Freesw] Re: FreeDevelopers
To: sethg@ropine.com, TonStanco@aol.com
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> sethg@ropine.com writes:
>  Let's say you actually have a piece of software that you're making
>  available through this system, and then Red Hat downloads a copy of
>  it, puts *their* warranty and brand on it, and competes with you for
>  the same high-end customers.  How will you convince potential
>  customers to pay you and not Red Hat?

Most sophisticated business people understand that to have a viable industry 
longterm, the developers of free software have to be directly paid for the 
development itself. We give them the opportunity to paid the developers. 

Free software has suffered in the past because business people couldn't see 
how it could work longterm without the developers being paid. 

From fsb-return-5499-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 22:21:08 2001
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To: Radi <radi@freedevelopers.net>
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Radi wrote:

> On 30 Mar 2001, Seth Gordon wrote:
> : Let's say you actually have a piece of software that you're making
> : available through this system, and then Red Hat downloads a copy of
> : it, puts *their* warranty and brand on it, and competes with you for
> : the same high-end customers.  How will you convince potential
> : customers to pay you and not Red Hat?
>
> There are successful GPL stuff which are vulnerable to the situation as
> given above:
>
> 1. GNOME of Ximian (formerly Helix). This is GPL'd.  RedHat or anyone
> can do anything as you say.
>
> 2. Nautilus of Eazel is exactly like item No. 1.
>
> My question is how these two companies survive? How they signed huge
> contracts with HP (Ximian); Sun and Dell (Eazel)? Why didn't the client
> companies sign with RedHat or similar ones who can also offer what
> Ximian or Eazel do?

Actually, those examples beg several more very important questions:

   * Indeed, how do these companies survive?  Will they survive?  Eazel
     just had a large-scale lay-off.  It is unclear that these are models
     to be emulated.
   * What does FreeDevelopers offer over these companies?  Eazel and
     Ximian offer substantial technical, support, and marketing expertise
     in their niche-focussed areas.  FreeDevelopers appears to be
     generic.  Why would anyone choose FreeDevelopers over a specialist?
   * If you actually want a generalist, why not just go to large Linux
     distributors like Red Hat or SuSE?

> I have signed it at http://FreeDevelopers.Net/freedomdec, did you?

Not a freakin' chance :-)

Crispin

--
Crispin Cowan, Ph.D.
Chief Research Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:                http://immunix.org


From fsb-return-5500-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Mar 31 22:26:10 2001
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On Sat, Mar 31, 2001 at 08:51:27AM -0500, TonStanco@aol.com wrote:
> Free software has suffered in the past because business people couldn't see 
> how it could work longterm without the developers being paid. 

Au contraire, they're rather get something for nothing, (or at worst, a lot
for a little) and they're recently realising they can. (cf. Solaris 8)

-- 
I wish my keyboard had a SMITE key
    -- J-P Stacey

From fsb-return-5501-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun Apr 01 07:02:55 2001
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on Sat, Mar 31, 2001 at 09:20:01AM +0530, Radi (radi@freedevelopers.net) wr=
ote:
> On 30 Mar 2001, Seth Gordon wrote:
>=20
> : Let's say you actually have a piece of software that you're making
> : available through this system, and then Red Hat downloads a copy of
> : it, puts *their* warranty and brand on it, and competes with you for
> : the same high-end customers.  How will you convince potential
> : customers to pay you and not Red Hat?
>=20
> There are successful GPL stuff which are vulnerable to the situation as
> given above:
>=20
> 1. GNOME of Ximian (formerly Helix). This is GPL'd.  RedHat or anyone
> can do anything as you say.
>=20
> 2. Nautilus of Eazel is exactly like item No. 1.

Eazel is hardly the paragon of a successful business model.  Will it
survive?  Maybe, but the deck's somewhat stacked right now.  Pity, it's
a pretty product.

IMO (based on conjecture and experience) I'm not convinced that a
"build-it-all-in-house" software development model is a good fit for the
free software process.  While certain core direction may be so driven,
this is probably going to be a largely low-margin business.  Ultimately
you're selling services.  The revealed truth is that services don't
scale.  Unless:

  - Services are backed by other products, notably software and/or
    hardware.  This is the model used by Sun, Oracle, SAS, and noteably,
    IBM.

  - Services are driven by a very well defined process.  This is the
    model used by several of the management consulting firms, notably
    Accenture (formerly Andersen Consulting).  Sort of like McDonalds --
    consistent, if non-stellar, results.

> My question is how these two companies survive? How they signed huge
> contracts with HP (Ximian); Sun and Dell (Eazel)? Why didn't the client
> companies sign with RedHat or similar ones who can also offer what
> Ximian or Eazel do?

Presumably, ongoing support and/or development contracts.  Unfortunatly,
the ultimate product is a freebie for the sponsoring companies (Sun, HP,
IBM) as a component of their branded Unix systems.  There's a certain
value to such contracts, however they have to exist, and cover costs.
In the current climate, it's a risky proposition.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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From fsb-return-5502-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun Apr 01 10:05:09 2001
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From: kragen@pobox.com
To: jean_camp@harvard.edu
Subject: Re: GNU and classified software
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jean_camp@harvard.edu writes:
> I believe that non-discrimination of distribution is a requirement under
> the GPL, as with OS software. You cannot simultaneously practice
> non-discrimination and require that a recipient has the military-given
> right to view secret/top secret/sensitive documents.

What section of the GPL do you believe specifies this?  By my reading,
the GPL does not say anything about how you may or may not choose to
whom you give copies of software; it only obligates you to do certain
things with regard to those to whom you give the software, and to
license the software to the public at large.

> I believe that non-discrimination is a central feature to OS and FS.
> (One I am, btw, not terribly fond of since it prohibits limits for
> safety-critical systems. Being able to prohibit use of software for
> safety-critical systems seems damn reasonable to me.)

Such prohibition does not belong in copyright licenses; it's perfectly
reasonable for a nuclear-plant operator to do a thorough safety audit
of existing unsafe code and fix its bugs rather than writing its own
from scratch, for example; and if it were to decide to write its own
after having read the unsafe code, copyright licenses that prohibit
the use of the original code for safety-critical systems could make it
liable for copyright infringement if it subconsciously copied parts of
the original system.

As an FSB, you're quite entitled to refuse to do business with
companies not in America, companies not willing to pay you, companies
you don't like the politics of, companies whose CEO slept with your
wife, or companies without any personnel holding an SCI for a
particular compartment.  You just can't require that your customers
not share your free software with companies not in America, companies
not willing to pay you, or companies without any personnel holding an
SCI for a particular compartment --- if you do, it's not free.

I don't know whether writing classified software constitutes imposing
such a requirement.


From fsb-return-5503-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Mon Apr 02 02:33:06 2001
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Date: Sun, 01 Apr 2001 22:27:35 -0400
From: Frank Hecker <frank@collab.net>
Organization: CollabNet, Inc.
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kragen@pobox.com wrote:
> As an FSB, you're quite entitled to refuse to do business with
> companies not in America, companies not willing to pay you, companies
> you don't like the politics of, companies whose CEO slept with your
> wife, or companies without any personnel holding an SCI for a
> particular compartment.  You just can't require that your customers
> not share your free software with companies not in America, companies
> not willing to pay you, or companies without any personnel holding an
> SCI for a particular compartment --- if you do, it's not free.
> 
> I don't know whether writing classified software constitutes imposing
> such a requirement.

Not to speak for others, but I believe the argument is that it is: That
the issue regarding the GPL is not whom you choose to distribute the
software to, but that 

a) you have distributed the software with the additional proviso that it
be treated as classified data (and hence subject to all the regulations
concerning how classified data must be handled);

b) you had (at least in theory) the ability not to treat the software as
classified, i.e., you could have sought declassification of it prior to
distributing it; and

c) the recipients of the software do not have that ability -- they are
bound to treat the software as classified data, and cannot declassify it
themselves (because they didn't create it -- I think this is how
declassification works).

Whether one agrees with this argument or not, I think it is clearly a
different argument than the argument about whether the GPL constraints
your ability to choose to whom you distribute the software.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/

From fsb-return-5504-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Mon Apr 02 02:34:50 2001
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Crispin Cowan writes:
 > So, it seems that the spammers have harvested the fsb@crynwr.com
 > address.  It won't be long before there's a flood of crap posted there.
 > Shall we consider employing some kind of spam filter?  "Subscribers
 > only" is my favorite, and is what we employ on the Immunix mailing
 > lists.

We already have an anti-spam filter, and it rejects at least one piece
of spam a day.  It's called "Russ Nelson".  If someone new sends email
to the list, their first posting goes to me.  If it's spam, I delete
it, and remove their name from the "allow" filter.  Otherwise I
forward it to the list.  This works quite well, and permits people to
post two or more postings even if I'm off the net.  Unfortunately, the
rare spammer posts twice using the same envelope sender.  When this
happens, the spam gets through.

-- 
-russ nelson will be speaking at http://www.osdn.com/conferences/brie/
Crynwr sells support for free software  | PGPok | Watch out!  He's got an
521 Pleasant Valley Rd. | +1 315 268 1925 voice | opinion, and he's not
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | afraid to share it!

From fsb-return-5505-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Mon Apr 02 02:47:48 2001
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TonStanco@aol.com writes:
 > > sethg@ropine.com writes:
 > >  Let's say you actually have a piece of software that you're making
 > >  available through this system, and then Red Hat downloads a copy of
 > >  it, puts *their* warranty and brand on it, and competes with you for
 > >  the same high-end customers.  How will you convince potential
 > >  customers to pay you and not Red Hat?
 > 
 > Most sophisticated business people understand that to have a viable industry 
 > longterm, the developers of free software have to be directly paid for the 
 > development itself. We give them the opportunity to paid the developers. 

I'm giving a talk at the Trenton Computer Festival entitled "Making a
living on software you didn't write", at 2:00 on May 6th in Edison,
NJ.  More information is available at http://tcf-nj.org

-- 
-russ nelson will be speaking at http://www.osdn.com/conferences/brie/
Crynwr sells support for free software  | PGPok | Watch out!  He's got an
521 Pleasant Valley Rd. | +1 315 268 1925 voice | opinion, and he's not
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | afraid to share it!

From fsb-return-5506-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Mon Apr 02 03:24:15 2001
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Date: Sun, 01 Apr 2001 23:17:49 -0400
From: Frank Hecker <frank@collab.net>
Organization: CollabNet, Inc.
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Frank Hecker wrote:
> Not to speak for others, but I believe the argument is that it is: That
> the issue regarding the GPL is not whom you choose to distribute the
> software to, but that
> 
> a) you have distributed the software with the additional proviso that it
> be treated as classified data (and hence subject to all the regulations
> concerning how classified data must be handled);
> 
> b) you had (at least in theory) the ability not to treat the software as
> classified, i.e., you could have sought declassification of it prior to
> distributing it; and
> 
> c) the recipients of the software do not have that ability -- they are
> bound to treat the software as classified data, and cannot declassify it
> themselves (because they didn't create it -- I think this is how
> declassification works).

And I should have added that whether or not the argument that this
violates the GPL is "correct" or not, if you negate either (b) or (c)
above then IMO the argument no longer holds. In other words, the key to
the argument is that the distributor of the software had the freedom to
cause the GPL-licensed software to be put under an additional
restriction or not, but the recipient lacked the ability to undo
the effect of the restriction once imposed. If the distributor was under
the exact same constraints as the recipient, or if the recipient could
undo the restriction on their own, then arguably the terms under which
the software was distributed were consistent with the GPL.

The previous example of export-controlled encryption software can be
used to explore this thought:

In the "first order" analysis of US encryption export control pre-2000,
if I as a US resident wrote encryption software and distributed it to
another US resident under the GPL, arguably no GPL violation would have
occurred: I would be under the restriction that I could not distribute
the software outside the US, and so would the recipient. The recipient's
freedom to export my encryption software would have been no greater nor
less than the recipient's freedom to export their own encryption
software; my actions woud not have decreased the recipient's freedom and
hence would not be inconsistent with the GPL.

In the "second order" analysis we have to take into account the fact
that although I would have been restricted from exporting my software in
electronic form (as would the recipient), I would not have been
restricted from exporting my software in printed form. (First Amendment
to the rescue here.) Thus I would have had the freedom of action to
distribute the software to the recipient in a form not subject to the
restriction (i.e., printed form). This corresponds to point (b) above,
and presumably then compliance with the GPL would have required my
distributing the document in the unrestricted printed form, not the
restricted electronic form. But as it turns out the recipient in this
case would also have had the freedom to convert the electronic form of
the work into printed form and export it from the US. So point (c) in
the above argument does not hold: the recipient of the software would
have had the power to remove the software from the export control
restriction (the exact same power that I would have had), hence my
distributing the software in electronic form would still have been
consistent with the GPL.

So I will concede Norbert Bollow's point here: distributing classified
software is not exactly analogous to distributing export-controlled
encryption software (pre-2000), if in fact the distributor has the power
to declassify the software prior to distribution and the recipient of
the software does not have such power once they've received the
software.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/


From fsb-return-5507-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Tue Apr 03 08:06:12 2001
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Frank Hecker <frank@collab.net> writes:
> c) the recipients of the software do not have that ability -- they are
> bound to treat the software as classified data, and cannot declassify it
> themselves (because they didn't create it -- I think this is how
> declassification works).

I haven't declassified much, but all of the several gigabytes of
imagery I declassified when working for a DoD contractor were produced
by a different DoD contractor.  ("I declassified" means "mine was one
of the two signatures on the form".)


From fsb-return-5508-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Apr 05 20:08:15 2001
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Subject: SourceXchange shuts down
From: Ian Lance Taylor <ian@airs.com>
Date: 05 Apr 2001 13:02:02 -0700
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SourceXchange shuts down:
    http://linuxtoday.com/news_story.php3?ltsn=2001-04-05-017-20-NW-CY

Ian

From fsb-return-5509-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Apr 05 21:56:52 2001
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On 5 Apr 2001, Ian Lance Taylor wrote:
> SourceXchange shuts down:
>     http://linuxtoday.com/news_story.php3?ltsn=2001-04-05-017-20-NW-CY

To be honest, the site has been awful quiet for a long time, so this is
more of a housecleaning than anything else.  After an initial spurt of
interest, and a couple successfully completed projects, we found that the
overhead of being the broker and having to hand-hold developers and
sponsors was more cost than what we were getting in return.

More significantly, I think, companies who were comfortable with using and
funding open source development would rather have their in-house teams do
that work, improving both the happiness and competence of their own
engineers, than to outsource it.

So at the end of the day, it was a hard thing to sell, and after waiting
to see if the market conditions would change to favor outsourcing more
(they didn't), we decided to make the shutdown official.  There's probably
lots of Tuesday-morning quarterbacking one could do on how well we
executed on the idea, but... ah well.

If someone else wants to give this idea a try, let us know; we haven't
packaged up the source code to the sourcexchange process management
interface, but would if someone was really interested in it.

The other business, software development infrastructure, based on open
source tools and provided as an ASP, is doing very well, even in this
market.

	Brian



From fsb-return-warn-987712563.omigjlfagnifemhkaggh-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Apr 19 20:35:43 2001
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Hi! This is the ezmlm program. I'm managing the
fsb@crynwr.com mailing list.


Messages to you seem to have been bouncing. I've attached a copy of
the first bounce message I received.

If this message bounces too, I will send you a probe. If the probe bounces,
I will remove your address from the mailing list, without further notice.


I've kept a list of which messages bounced from your address. Copies of
these messages may be in the archive. To get message 12345 from the
archive, send an empty note to fsb-get.12345@crynwr.com.
Here are the message numbers:

   5492

--- Below this line is a copy of the bounce message I received.

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Subject: failure notice

Hi. This is the qmail-send program at ns.crynwr.com.
I'm afraid I wasn't able to deliver your message to the following addresses.
This is a permanent error; I've given up. Sorry it didn't work out.

<brian-fsb-archive@taz3.hyperreal.org>:
209.133.83.22 failed after I sent the message.
Remote host said: 553 Spam or junk mail threshold exceeded.  See http://www.flame.org/qmail/spamjunk.html (#5.7.1)


From fsb-return-5510-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Apr 21 10:43:15 2001
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Date: Sat, 21 Apr 2001 11:42:59 +0100
From: Simon Cozens <simon@netthink.co.uk>
To: fsb@crynwr.com
Subject: Apple and Open Source
Message-ID: <20010421114259.A31502@netthink.co.uk>
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Oh, it's gone quiet, so I'll throw out a controversial one.

----

So, what is it with Apple and Open Source? Once upon a time, when they were
desperate to get an operating system written, they were bending over backwards
to attract open source hackers - even going through a few iterations of the
ASPL and giving up their precious rights to own any modifications to the
software in order to have the license certified Open Source.

Now, on the other hand, they're sending cease-and-desist letters to open
source projects (http://macthemes.org) which appear to be nothing but
thinly-disguised and baseless threats. Of course, the cynical explanation
would be that the persecution of MacThemes could well be related to Apple's
own patent on themes - a patent which MacThemes predates. Removing the
visibility of prior art would be a useful step in securing the ligitimacy of
that patent.

Is this behaviour compatible with their desire to be seen to be part of the
Open Source movement - in fact, *is* there such a desire on the part of Apple
to be counted as an Open Source vendor? Or are they stuck in the old economy
and still playing the game for purely selfish interests?

An alternative and slightly more charitable explanation would be that Apple's
right hand - the developers - doesn't know what its left hand - the legal team
- is doing. Of course, if this is the case, and Apple will court you with the
one hand and savage you with the other, does it really make sound business
sense for any company to deal with them?

-- 
Simon Cozens
CEO
NetThink Open Source Consultancy

From fsb-return-5511-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat Apr 21 13:02:09 2001
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on Sat, Apr 21, 2001 at 11:42:59AM +0100, Simon Cozens (simon@netthink.co.u=
k) wrote:
> Oh, it's gone quiet, so I'll throw out a controversial one.
>=20
> ----
>=20
> So, what is it with Apple and Open Source? Once upon a time, when they
> were desperate to get an operating system written, they were bending
> over backwards to attract open source hackers - even going through a
> few iterations of the ASPL and giving up their precious rights to own
> any modifications to the software in order to have the license
> certified Open Source.
>=20
> Now, on the other hand, they're sending cease-and-desist letters to
> open source projects (http://macthemes.org) which appear to be nothing
> but thinly-disguised and baseless threats. Of course, the cynical
> explanation would be that the persecution of MacThemes could well be
> related to Apple's own patent on themes - a patent which MacThemes
> predates. Removing the visibility of prior art would be a useful step
> in securing the ligitimacy of that patent.

Doesn't change the fact of prior art.  Hell, I commented on this earlier
-- the themes.org domain registration predates the patent filing date by
13 days, and Tigert was doing themes for some time prior to registering
the site.

> Is this behaviour compatible with their desire to be seen to be part
> of the Open Source movement - in fact, *is* there such a desire on the
> part of Apple to be counted as an Open Source vendor? Or are they
> stuck in the old economy and still playing the game for purely selfish
> interests?
>=20
> An alternative and slightly more charitable explanation would be that
> Apple's right hand - the developers - doesn't know what its left hand
> - the legal team - is doing. Of course, if this is the case, and Apple
> will court you with the one hand and savage you with the other, does
> it really make sound business sense for any company to deal with them?

In Apple's case, the left mouse finger doesn't know what the right mouse
finger's doing, so they gave you a one-button mouse.

Apple's tended to be hypochondriac about UI appearance issues from day
one.  They fought (and lost) a nasty lawsuit with Microsoft over this
(though you trash your Mac while you recycle you WinXX).  There was just
a patent filed over theme management which was largely against an
Apple-related site.  Themes.org has had more than one Apple-patterned
theme pulled from it -- I don't remember if these were E, blackbox, KDE,
or what.  There's some current Gnome/E chrome that looks a hell of a lot
like Aqua.

This is pretty much SOP for them.  Not much has changed for the past
decade.  Except that Steve Jobs's ego now blocks out both the sun *and*
PG&E.

Couple of items from The Register:

    http://www.theregister.co.uk/content/archive/17461.html
    http://www.theregister.co.uk/content/39/18349.html

Cheers.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

--0ntfKIWw70PvrIHh
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From fsb-return-5512-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 13:09:13 2001
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From: Keith Bostic <bostic@sleepycat.com>
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Subject: Microsoft: Closed source is more secure
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http://www.securityfocus.com/news/191

Microsoft: Closed source is more secure
Redmond's security response chief warns the RSA Conference of the perils
of open source.
By Kevin Poulsen
April 12, 2001 1:46 PM PT

SAN FRANCISCO--The head of Microsoft's security response team argued
here Thursday that closed source software is more secure than open
source projects, in part because nobody's reviewing open source code for
security flaws.

"Review is boring and time consuming, and it's hard," said Steve Lipner,
manager of Microsoft's security response center. "Simply putting the
source code out there and telling folks 'here it is' doesn't provide any
assurance or degree of likelihood that the review will occur."

The comments, delivered at the 2001 RSA Conference, were a challenge to
one of the tenets of open source, that 'with many eyes, all bugs are
shallow.'

"The vendor eyes in a security review tend to be dedicated, trained,
full time and paid," Lipner said.

Lipner argued that network administrators are better off spending their
time reading log files and installing patches than poring over source
code looking for security holes, and the system of 'peer review' that
works well for vetting encryption algorithms, doesn't work to evaluate
large pieces of software for flaws.

"An encryption algorithm is relatively simple, compared to a 40 million
line operating system," Lipner argued. "And the discovery of an
individual software flaw doesn't pay off much... It doesn't win anyone
fame and fortune... People fix the flaw and move on."

Lipner, who oversees Microsoft's response to newly-reported security
holes in its products, took the opportunity to point out "the repeated
and recurring vulnerabilities in the Unix utilities BIND, WU-FTP, and so
on. The repeated theme is people use this stuff, but they don't spend
time security reviewing."

'The open source model tends to emphasize design and development.
Testing is boring and expensive.'
-- Steve Lipner, Microsoft

Trapdoor risk?
Making source code public also increases the risk that attackers will
find a crucial security hole that reviewers missed, said Lipner. "That
argument sounds like an argument for 'security through obscurity,' and I
apologize. The facts are there."

Lipner slammed the open source development process, suggesting that the
often-voluntary nature of creating works like the Linux operating system
make it less disciplined, and less secure. "The open source model tends
to emphasize design and development. Testing is boring and expensive."

By contrast, Microsoft does extensive testing on every product, and on
every patch, said Lipner. "People ask us why our security patches take
so long. One of the reasons they take so long is because we test them."

Lipner closed by warning that the nature of open source development may
lend itself to abuse by malicious coders, who could devilishly clever
'trapdoors' in the code that escapes detection, hidden in plain sight.

Under polite questioning from the audience, Lipner acknowledged that
some closed-source commercial products have been found to have trapdoors
themselves.

Other conferees expressed skepticism that closed source software
receives more thorough security reviews than open source code.

"Looking at products that come from commercial vendors, it seems the
customer has very little guarantee that the software has been reviewed,"
said one conferee. "Industry has not acquitted itself well."

From fsb-return-5513-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 13:17:23 2001
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On Wed, Apr 25, 2001 at 09:08:52AM -0400, Keith Bostic wrote:
> "Review is boring and time consuming, and it's hard," said Steve Lipner,
> manager of Microsoft's security response center. "Simply putting the
> source code out there and telling folks 'here it is' doesn't provide any
> assurance or degree of likelihood that the review will occur."

Eevn though I know he's effectively preaching to the converted, I wonder
if this is wilful or true ignorance of the existence of OpenBSD.

-- 
A debugged program is one for which you have not yet found the conditions
that make it fail.
		-- Jerry Ogdin

From fsb-return-5514-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 13:54:41 2001
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Date: Wed, 25 Apr 2001 15:57:33 +0200
From: Werner Koch <wk@gnupg.org>
To: fsb@crynwr.com
Subject: Re: Microsoft: Closed source is more secure
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Hi!


> http://www.securityfocus.com/news/191
 
> manager of Microsoft's security response center. "Simply putting the
> source code out there and telling folks 'here it is' doesn't provide any
> assurance or degree of likelihood that the review will occur."

He is right there and I know a couple of cases where I fixed a bug
and realized that nobody with a little bit of programming knowledge
could have looked at it.  OTOH, I know that for example quite a
couple of folks are quite familar with the GnuPG code base and
actually contributed fixes to questionable constructs. So it is not
that bad.  

PGP 5 is not Free Software but we can look at the code - there is
evidence that nobody has done a code auditing, enither the NAI folks
nor any one else.

> "The vendor eyes in a security review tend to be dedicated, trained,
> full time and paid," Lipner said.

Given only those simple to detect buffer overflows reported daily
about proprietary products, I don't buy this.

> Lipner argued that network administrators are better off spending their
> time reading log files and installing patches than poring over source
> code looking for security holes, and the system of 'peer review' that

Nobody expects admins to look over the code.  We have thousands of
talented programmers who do this.  There are reports on the code
quality of GNU which claim that this Free Software outperforms any
other proprietary Unix software in robustness and error freeness,
let alone DOS and Windows software.

> "An encryption algorithm is relatively simple, compared to a 40 million
> line operating system," Lipner argued. "And the discovery of an

Someone who designs a 40 million line OS without any internal
security boundaries does not know what he is doing.  Complexity is
the worst enemy of security.

> holes in its products, took the opportunity to point out "the repeated
> and recurring vulnerabilities in the Unix utilities BIND, WU-FTP, and so
> on. The repeated theme is people use this stuff, but they don't spend
> time security reviewing."

Responsible admins don't use wu-ftp or other programs with a large
record of security pitfalls.  Well, Bind is a problem because there
is no other conforming and usable alternative available.  

> By contrast, Microsoft does extensive testing on every product, and on
> every patch, said Lipner. "People ask us why our security patches take
> so long. One of the reasons they take so long is because we test them."

Most of us know the quality of their patches.  And he missed a very
imprtant point:  It is not possible to find design flaws or other
security holes just by testing.  To find those things, independed
design and code auditing is a must. 

> Lipner closed by warning that the nature of open source development may
> lend itself to abuse by malicious coders, who could devilishly clever
> 'trapdoors' in the code that escapes detection, hidden in plain sight.

Well, we could.  But although the MS folks are not able to figure
them out (they even don't find the most obvious bugs in their code),
other hacker will find them.

And because we can't hide our code, the whole world will point their
fingers at a programmer who added delibertely malicious code into
Free Software.  Not could for his reputation.

> Under polite questioning from the audience, Lipner acknowledged that
> some closed-source commercial products have been found to have trapdoors
> themselves.

And that even without access to the source code! Expect a lot more
backdoors in prorietary software.  

> "Looking at products that come from commercial vendors, it seems the
> customer has very little guarantee that the software has been reviewed,"
> said one conferee. "Industry has not acquitted itself well."

Reading Bugtraq proves this to 100%


SCNR to comment on these ridicolous statements.

  Werner


-- 
Werner Koch        Omnis enim res, quae dando non deficit, dum habetur
g10 Code GmbH      et non datur, nondum habetur, quomodo habenda est.
Privacy Solutions                                        -- Augustinus


From fsb-return-5515-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 14:06:37 2001
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From: Ben_Tilly@trepp.com
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Keith Bostic quotes:
> SAN FRANCISCO--The head of Microsoft's security response team argued
> here Thursday that closed source software is more secure than open
> source projects, in part because nobody's reviewing open source code for
> security flaws.
>
> "Review is boring and time consuming, and it's hard," said Steve Lipner,
> manager of Microsoft's security response center. "Simply putting the
> source code out there and telling folks 'here it is' doesn't provide any
> assurance or degree of likelihood that the review will occur."
>
> The comments, delivered at the 2001 RSA Conference, were a challenge to
> one of the tenets of open source, that 'with many eyes, all bugs are
> shallow.'
>
> "The vendor eyes in a security review tend to be dedicated, trained,
> full time and paid," Lipner said.
[...]

>From a vendor's eyes, security reviews are a major cost center.

In the real world things that get labelled "costs" quickly migrate to
the bottom of the corporate rung on priorities.  The gut reaction in
virtually any business is to try to find ways to not pay costs, but to
pass them on to someone else.  Security is no different, which is why
software companies over time have migrated the legal costs of
inadequate security to consumers, and then quietly moved it fairly low
on their priority scale.

In this respect Microsoft is one of the worst offenders.

I cannot pretend to be a student of finance or history, but without
some external motivation (be that legal, a certification, active
consumers), this is going to be the inevitable reaction of any
corporation.

Cheers,
Ben


From fsb-return-5516-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 14:43:52 2001
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Werner Koch wrote:
> 
> Hi!
> 
> > http://www.securityfocus.com/news/191
> 
> > manager of Microsoft's security response center. "Simply putting the
> > source code out there and telling folks 'here it is' doesn't provide any
> > assurance or degree of likelihood that the review will occur."
> 
> He is right there and I know a couple of cases where I fixed a bug
> and realized that nobody with a little bit of programming knowledge
> could have looked at it.

Until you did, of course. I find it weird that people keep arguing that
opening the source hasn't fixed bugs by quoting examples where it has.

Cheers,

Ben.

--
http://www.apache-ssl.org/ben.html

"There is no limit to what a man can do or how far he can go if he
doesn't mind who gets the credit." - Robert Woodruff

ApacheCon 2001! http://ApacheCon.com/

From fsb-return-5517-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 15:00:17 2001
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Subject: Intesting paper
References: <66037540DA72D31180D400A0C9D17D1F466280@phoenix1.exponent.com> <200103232141.WAA30718@quill.thinkcoach.com> <3ABBFBDE.3E4CCF90@collab.net>
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http://www.firstmonday.org/issues/issue6_1/tuomi/index.html

This paper describes the evolution of the Linux operating system, and
studies dynamics of socio-technical change using Linux
     as a case example. Theoretical models of community-based practice
and learning are combined with actor-network theory,
     and the characteristics of the open source development model are
described using the introduced theoretical concepts. The
     paper analyses the growth and development of Linux and its
development community, and shows how the development
     community evolves into an ecology of community-centered practices.

From fsb-return-5518-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 15:09:56 2001
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>Werner Koch wrote:
>> He is right there and I know a couple of cases where I fixed a bug
>> and realized that nobody with a little bit of programming knowledge
>> could have looked at it.
>
>Until you did, of course. I find it weird that people keep arguing that
>opening the source hasn't fixed bugs by quoting examples where it has.

i suspect he might have been suggesting that it was not
necessarily examined systematically, although that seems to me to
be a separate problem.


From fsb-return-5519-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 15:14:49 2001
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Ben Laurie wrote:
> 
> Werner Koch wrote:
> >
> > > "Simply putting the
> > > source code out there and telling folks 'here it is' doesn't provide any
> > > assurance or degree of likelihood that the review will occur."
> >
> > He is right there and I know a couple of cases where I fixed a bug
> > and realized that nobody with a little bit of programming knowledge
> > could have looked at it.
> 
> Until you did, of course. I find it weird that people keep arguing that
> opening the source hasn't fixed bugs by quoting examples where it has.


No no. This is a silly way to think about it.

The Microsoft guy says: "Publishing the code doesn't guarantee that the
public fixes it."

This is a perfectly true statement, uttered to facilitate fear,
uncertainty, and doubt. The productive response goes like this:

FSB Member: "True, but when you *hide* the code, there *is* a guarantee:
the public *can't* fix it. Further, if you look at the license, you'll
discover that *Microsoft* won't fix it either. So here's the real
question: You're falling out of an airplane from 30,000 feet. There's
this parachute that might (or might not) open. Do you want the parachute
or not?"



Jonathan

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Perens, Open Sources, pp179

5. No discriminations against persons or groups

(like those without classification..)

fsf.org
"Some free software developers have started to use the term ``open
source software'' instead of ``free software''. While free software by
any
other name would give you the same freedom,..."

I do not see how it is possible to develop free software in a classified
environment.

Where is the error in my logic?

-Jean

From fsb-return-5521-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 15:43:44 2001
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> "An encryption algorithm is relatively simple, compared to a 40 million
> line operating system," Lipner argued.

Off topic, but I really can't resist this one. Note Lipner's argument:
"our operating system is to large to manage, so we should give up on
managing operating systems."

There is, of course, another solution...


Jonathan

From fsb-return-5522-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 15:59:54 2001
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Just realized there are probably some people on this list doing embedded
work that might be interested in writing articles for Embedded Linux
Journal.  And some that would like to receive it for free.

First, if you are working in embedded systems or plan to be, and live in
North America, you can get a free subscription to ELJ.  It's controlled
circulation (like Electronic Design, ...).  You can check out some
articles on-line and even subscribe at http://embedded.linuxjournal.com.

That said, I continue to look for articles.  One specific one I am
looking for is something explaining why the GPL is not a horrible
disease that will infect all your embedded systems.  We covered this in
Linux Journal five or six years ago but many of the embedded people are
new to Linux and they need to hear the argument.  The discussion about
Microsoft FUD on this list inspired me to post the question here.
I have asked one person if he is interested in writing it but haven't
hear back.  If you are interested in writing this (or another article)
you can e-mail me at eljeditor@ssc.com.

As for "other articles" I am specifically shopping in two areas: 
  * Success stories -- cases where Embedded Linux (or any Open Source
    OS was used.  The story should talk about why it was selected, what
    hurdles were involved and what came out the other end.
  * HowTos -- many of our readers are new to Linux but know embedded,
    the rest are new to embedded but know Linux.  Any tutorial sort of
    article that helps people get up to speed is desirable.

Like with the early days of Linux Journal where evangalism was the
primary goal, ELJ is doing that now in the embedded market.  So, if you
want to help, let me know.  The advantages are: a chance to plug
something you believe in, some fame and a little bit of fortune.
-- 
   Phil Hughes fyl@a42.com 
  To find out about Pacific Beach, check out http://www.pacificbeachwa.com/


From fsb-return-5523-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 16:14:43 2001
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On Wed, 25 Apr 2001, forsyth@vitanuova.com wrote:

> i suspect he might have been suggesting that it was not
> necessarily examined systematically, although that seems to me to
> be a separate problem.

Right. 

Although we do better than the average proprietary vendor (this
includes MS), we can't close our eyes on real problems like the more
or less not existing code auditing.  I know that the OpenPGP folks
do that but they have a whole bunch of code and can just go for a
specific problem domain at one time and don't start a full coverage
auditing.

More than 6 months ago we had an international crypto workshop at
the Linux-Kongress and one top topic was that there is not enough
auditing going on and how we can foster that.  Although we agreed on
some actions, nothing has yet happened - probably due to a lack of
time/money.  

Well this is getting a bit off-topic, so lets better stop here.

  Werner


-- 
Werner Koch        Omnis enim res, quae dando non deficit, dum habetur
g10 Code GmbH      et non datur, nondum habetur, quomodo habenda est.
Privacy Solutions                                        -- Augustinus


From fsb-return-5524-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 20:31:56 2001
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jean_camp@harvard.edu wrote:
> I do not see how it is possible to develop free software in a classified
> environment.
> 
> Where is the error in my logic?

After participating in the various discussions about this, I agree with
your conclusion, although I think there are some subtleties worth noting
on the way to reaching it:

First, to pick a minor nit: You're quoting from the OSD; if we're
talking about "free software" (as distinguished from "open source") I
think it would be more appropriate to quote from "What is Free
Software?" and related FSF documents. But that doesn't actually change
the argument, since the FSF documents contain language which has similar
effect.

Next, the original question (way back when) was about using free
software tools (e.g., GCC, GNU Emacs) to develop classified software. I
see no issue there, assuming that the development process is such that
the classified software doesn't end up incorporating code from the free
software.

The interesting case is where software is developed in a classified
environment and then distributed to others under what purports to be a
free software (or open source) license; this includes cases where the
newly developed software is considered a derivative work of free
software or open source software developed outside the classified
environment. (If the original software was distributed under the GPL
then there's a lot of circumstances where the newly developed software
could come under this umbrella.) The question is whether and in what
cases distribution of such newly developed software would not satisfy
the criteria for free software or open source software.

To start with, there is (at least in my opinion) some ambiguity as to
what would actually constitute "distribution" and thus trigger licensing
requirements. Is transfer of classified software solely within (say) the
NSA "distribution" in the licensing sense? I don't think so. Transfer
between the NSA and the CIA? Maybe not -- they're both agencies of the
US government. Transfer between the NSA and a private government
contractor working under contract to NSA? Maybe. Transfer between the
NSA and GCHQ in the UK? Definitely.

Assume "distribution" does occur. I believe, and I think many would
agree, that an organization creating software and distributing it under
a free software (or open source) license can arbitrarily choose to whom
they distribute it; they are not compelled by the FSF criteria nor by
the OSD to distribute it to everyone. Thus there is no problem arising
solely from choosing to distribute classified software under a free
software license to only those who have proper clearances. The OSD and
FSF criteria rather prohibit placing restrictions on the licensors'
ability to redistribute to certain groups.

Now if the recipients of such classified software could potentially
declassify the software themselves, without needing the permission of
the distributor of the software, then IMO there would not necessarily be
a problem. The distributor/licensor of the software would not in fact
have put any real restriction on the recipient/licensee; the recipient
may not choose to declassify, but could if they chose. However I do not
believe that classification works this way in general. For example, I
doubt very much that GCHQ could unilaterally declassify material
provided to it by the NSA; I'm sure there are binding legal agreements
between the US and UK governments that prevent this.

So, given this point (which is courtesy of Norbert Bollow), I agree that
in general it would not be possible to create and distribute classified
software under a free software (or open source) license and actually
meet the FSF (or OSD) criteria. This implies (among other things) that
it would not be possible to incorporate publicly available GPLed
software into classified applications and distribute those applications
without violating the GPL terms. (I'm of course assuming that the
"incorporation" is such that a derived work of the GPLed software would
in fact be created.)

A similar argument would apply to software created by a private
individual or organization and distributed to others under a
non-disclosure agreement, unless recipients had the legal power to
breach the NDA and release the software to those who had not signed it.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/


From fsb-return-5525-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 21:11:27 2001
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To make the question explicit, consider the following scenario:

   An arm of the US Government is putting together an embedded system
   which will be used in a classified manner.  The system uses a
   special-purpose processor which needs a customized C compiler.  A
   contractor on the project decides to use GCC as the basis for the
   new compiler, delivering both the source and binary code for the
   new compiler to the government agency.  The agency then allows its
   employees and other contractors access to the compiler.

IP aspects aside, I have seen exactly this sort of situation arise
(well, it was actually an assembler/linker combination :-), so I can
affirm that this sort of issue is not unrealistic.

-r
-- 
http://www.cfcl.com/rdm - home page, resume, etc.
http://www.cfcl.com/Meta/md_fb.html - The FreeBSD Browser
email: rdm@cfcl.com; phone: +1 650-873-7841

From fsb-return-5526-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 21:23:47 2001
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The contractor using GCC is not a problem -- this is a work for hire,
and the return of the modified code to the government is not a
distribution of the code.

The government turning around and giving copies to further contractors,
however, clearly violates GCC. At the moment of transfer the code passes
from one legal entity to another, and at that point the source code must
be released under GPL if the recipient demands it.

Rich Morin wrote:
> 
> To make the question explicit, consider the following scenario:
> 
>    An arm of the US Government is putting together an embedded system
>    which will be used in a classified manner.  The system uses a
>    special-purpose processor which needs a customized C compiler.  A
>    contractor on the project decides to use GCC as the basis for the
>    new compiler, delivering both the source and binary code for the
>    new compiler to the government agency.  The agency then allows its
>    employees and other contractors access to the compiler.
> 
> IP aspects aside, I have seen exactly this sort of situation arise
> (well, it was actually an assembler/linker combination :-), so I can
> affirm that this sort of issue is not unrealistic.
> 
> -r
> --
> http://www.cfcl.com/rdm - home page, resume, etc.
> http://www.cfcl.com/Meta/md_fb.html - The FreeBSD Browser
> email: rdm@cfcl.com; phone: +1 650-873-7841

From fsb-return-5527-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 23:24:23 2001
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Frank Hecker wrote:
> Assume "distribution" does occur. I believe, and I think many would
> agree, that an organization creating software and distributing it under
> a free software (or open source) license can arbitrarily choose to whom
> they distribute it; they are not compelled by the FSF criteria nor by
> the OSD to distribute it to everyone. Thus there is no problem arising
> solely from choosing to distribute classified software under a free
> software license to only those who have proper clearances. The OSD and
> FSF criteria rather prohibit placing restrictions on the licensors'
> ability to redistribute to certain groups.

Oops...  I meant "The OSD and FSF criteria rather prohibit placing
restrictions on the _licensees'_ ability to redistribute to certain
groups."

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/

From fsb-return-5528-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 23:33:24 2001
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shap@cs.jhu.edu wrote:
> The contractor using GCC is not a problem -- this is a work for hire,
> and the return of the modified code to the government is not a
> distribution of the code.

And I should add, the contractor could copyright the new code and assign
the copyright to the US government, with the government then being the
licensor for that code as distributed; this simplifies the example IMO.

> The government turning around and giving copies to further contractors,
> however, clearly violates GCC.

I presume you meant GPL.

> At the moment of transfer the code passes
> from one legal entity to another, and at that point the source code must
> be released under GPL if the recipient demands it.

Yes, though I don't think that that in and of itself would cause a
problem. The government could certainly give the new contractor the
source code (original and new) if the contractor had the proper
clearances (which I assume would be the case since they got the
binaries). The problem is that the contractor would not be free to
redistribute the source (or binaries) to arbitrary others -- that's
where the GPL violation appears to occur, based on our prior
discussions.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/

From fsb-return-5529-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed Apr 25 23:45:55 2001
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		 <200103232141.WAA30718@quill.thinkcoach.com>
		 <20010323190113.C32421@zork.net>
		 <200103240851.JAA00528@quill.thinkcoach.com>
		 <3AE6DDF1.18A19518@harvard.edu> <3AE731B1.4B417B31@collab.net> <p05001930b70ceb87584c@[192.168.168.205]> <3AE73F2C.D7B239BC@cs.jhu.edu>
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shap@cs.jhu.edu wrote:
> The contractor using GCC is not a problem -- this is a work for hire,
> and the return of the modified code to the government is not a
> distribution of the code.
> 
> The government turning around and giving copies to further contractors,
> however, clearly violates GCC. At the moment of transfer the code passes
> from one legal entity to another,

(Sorry, I forgot to add this point in my last message:) But if the
contractor is working under contract to the government, and the transfer
of the software is in relation to work performed under that contract,
would this transfer actually be considered an act of distribution under
the license? I'm not qualified to answer this one way or the other.
However as you probably know, it is very common for cleared contractor
personnel to work on-site in US government classified facilities,
working side-by-side with US goverment employees and freely sharing
software and other data.

Again, it seems as if this same issue would arise in the commercial
world with temporary contract employees and other contractors working
onsite. This is especially true given that many firms have completely
outsourced their IS functions to third parties, to the extent of having
all their IS employees leave the company and become employees of the
outsourcing provider, but still continue to work in the same office at
the same job.

Frank
-- 
Frank Hecker            work: http://www.collab.net/
frank@collab.net        home: http://www.hecker.org/

From fsb-return-5530-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Apr 26 01:23:13 2001
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>>>>> "Werner" == Werner Koch <wk@gnupg.org> writes:

    Werner> Although we agreed on some actions, nothing has yet
    Werner> happened - probably due to a lack of time/money.

    Werner> Well this is getting a bit off-topic, so lets better stop
    Werner> here.

Excuse me?  You mention "time and money" on FSB, and say "now we're
drifting off-topic"?

This is precisely where the thread should have kicked off, IMHO.  The
fact that Microsoft spreads FUD is nothing new, nor are the arguments
and evidence that Open Source is at least as secure (although in
different ways and with different emphasis) as "hide the bugs along
with the security holes" software.

Nor is the fact that we could do a lot better -- given time and money
and redirection of emphasis.  Let's go get them!

I'm sorry I don't have any ideas about where the time and money might
come from, and how an FSB can make money off it, but isn't discussing
that what we're here for?

Well, I've got one idea.  At least some of us are professors.  Maybe
assigning audits to our students would be a good idea.  (a) Many
professionals don't do it because they were never trained in it, so
let's train some more.  (b) Free labor.  Everybody happy!


-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

From fsb-return-5531-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Apr 26 08:04:42 2001
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On Thu, 26 Apr 2001, Stephen J. Turnbull wrote:

> Well, I've got one idea.  At least some of us are professors.  Maybe
> assigning audits to our students would be a good idea.  (a) Many

I am very in favor of this idea.  I usually suggest excactly this
when I talk to administrations who are often keen to spend money on
Free Software projects and don't know how to do this.

I see two benefits: Needed work gets done and students are educated
in real life programming.  There is also the hope that those
students don't make all the beginners errors when they start their
professional life.

Ciao,

 Werner

-- 
Werner Koch        Omnis enim res, quae dando non deficit, dum habetur
g10 Code GmbH      et non datur, nondum habetur, quomodo habenda est.
Privacy Solutions                                        -- Augustinus


From fsb-return-5532-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu Apr 26 11:04:24 2001
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Werner Koch <wk@gnupg.org> wrote:

> Responsible admins don't use wu-ftp or other programs with a large
> record of security pitfalls.  Well, Bind is a problem because there
> is no other conforming and usable alternative available.  

What is the problem with djbdns (apart from the fact that it is
not Free Software)?

Greetings, Norbert.

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59       Fax +41 1 972 20 69        nb@thinkcoach.com
> Currently recruiting:  Perl programmers  and  JSP (JavaServer Pages)
> programmers for the "Traffic Building Bulletin Board System" project
> at FreeDevelopers.Net    ------------------>    See http://tbbbs.org

From fsb-return-5533-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Wed May 02 23:10:30 2001
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On Sat, Apr 21, 2001 at 11:42:59AM +0100, Simon Cozens wrote:
> So, what is it with Apple and Open Source?

It's not just me, then:
http://dailynews.yahoo.com/h/zd/20010502/tc/open_source_s_black_hole_1.html

-- 
Simon Cozens
CEO
NetThink Open Source Consultancy

From fsb-return-5534-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 00:40:22 2001
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On Wed, May 02, 2001 at 07:35:18PM -0400, Casey West wrote:
> I'm not suprised a bit.  Doesn't MicroSoft hold a fair stake in Apple?
> My take on the situation is that even if folks at Apple wanted to give
> something back they would be haulted by The Big Bad Machine.

That might figure; the "look-but-don't-touch" nature of the APSL finds
echoes in Microsoft's planned response to Open Source:
http://linuxtoday.com/news_story.php3?ltsn=2001-05-02-019-20-NW-CY-MS

-- 
<fimmtiu> Sucks really Forth. Ugh.

From fsb-return-5535-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 01:33:26 2001
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On Thu, May 03, 2001 at 12:10:06AM +0100, Simon Cozens wrote:
: On Sat, Apr 21, 2001 at 11:42:59AM +0100, Simon Cozens wrote:
: > So, what is it with Apple and Open Source?
: 
: It's not just me, then:
: http://dailynews.yahoo.com/h/zd/20010502/tc/open_source_s_black_hole_1.html

I'm not suprised a bit.  Doesn't MicroSoft hold a fair stake in Apple?
My take on the situation is that even if folks at Apple wanted to give
something back they would be haulted by The Big Bad Machine.

  Casey West

-- 
"Real programmers don't work from 9 to 5. If any real programmers are
around at 9am it's because they were up all night."
 --Unknown

From fsb-return-5536-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 01:50:23 2001
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Casey West wrote:

> On Thu, May 03, 2001 at 12:10:06AM +0100, Simon Cozens wrote:
> : On Sat, Apr 21, 2001 at 11:42:59AM +0100, Simon Cozens wrote:
> : > So, what is it with Apple and Open Source?
> :
> : It's not just me, then:
> : http://dailynews.yahoo.com/h/zd/20010502/tc/open_source_s_black_hole_1.html
>
> I'm not suprised a bit.  Doesn't MicroSoft hold a fair stake in Apple?
> My take on the situation is that even if folks at Apple wanted to give
> something back they would be haulted by The Big Bad Machine.

Microsoft holds a trivial stake in Apple.  MS invested $150 million in Apple in
1997, which at the time had a market cap. of approx. $6 billion, giving MS
approx. 2.5% of Apple.

Source:
http://bvsd.k12.co.us/schools/cent/Newspaper/sum97/stories/microsof.html

Caveat:  I am not a financial analyst, and the market cap. and % equity figures
were guesstimated by squinting at the historic chart on Apple's stock
http://finance.yahoo.com/q?s=AAPL&d=c&k=c1&a=v&p=s&t=5y&l=on&z=m&q=l

Disclaimers:  I do not own any shares of Microsoft or Apple. I have no idea what
my mutual funds are invested in.

Crispin

--
Crispin Cowan, Ph.D.
Chief Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:       http://immunix.org


From fsb-return-5537-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 04:37:38 2001
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Apple's been an excellent participant in the Apache Software Foundation,
contributing significantly on the httpd project and peripherally on a
couple others.  They hosted a "hackathon" last month for those attending
the ApacheCon conference, where for two days before the show they provided
a large room and wireless for about 70 people.  Not as significant as a
big yummy code drop, perhaps, but still pretty useful.  I also think that
a substantial portion of the Apple engineering team understand that the
only way to build a product on top of open source components is to make
sure those components themselves are solid, thus contributing patches
back, etc.  I don't see too much difference between the mix of open/closed
source in Mac OS X and IBM's Websphere, for example.  Similar approaches
to the open source community, as well.  IBM does do more big code drops to
the community, but they have an order of magnitude or two more cash to
spend on pure R&D than Apple does, and a lot of old tech looking for a new
home.  =)

> That might figure; the "look-but-don't-touch" nature of the APSL finds
> echoes in Microsoft's planned response to Open Source:
> http://linuxtoday.com/news_story.php3?ltsn=2001-05-02-019-20-NW-CY-MS

Whether or not the APSL is truly qualified as Open Source software, I
think it's a long way from being a "gated community" as it sounds like MS
is proposing.  But even if it were the same, access to the source code of
a program one still has to pay for is still better than no access at all.
Doesn't negate Raymond's other fine points.

	Brian





From fsb-return-5538-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 04:57:21 2001
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From: Lynn Winebarger <owinebar@free-expression.org>
To: fsb@crynwr.com
Subject: Fwd: Re: Microsoft: Closed source is more secure
Date: Wed, 2 May 2001 23:58:11 -0500
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On Thursday 26 April 2001 06:02, Norbert Bollow wrote:
> Werner Koch <wk@gnupg.org> wrote:
> > Responsible admins don't use wu-ftp or other programs with a large
> > record of security pitfalls.  Well, Bind is a problem because there
> > is no other conforming and usable alternative available.
>
> What is the problem with djbdns (apart from the fact that it is
> not Free Software)?

(a) personality of the author as seen in Internet postings (usenet/web pages)
(b) poor documentation, if qmail is any indicator
(c) odd way of writing source code, if qmail is any indicator
(d) odd build process, if qmail is any indicator
(e) odd license and infrequent updates to official source (if qmail ....),
 which exacerbate the effects of b,c, and d.   

Lynn

-------------------------------------------------------

From fsb-return-5539-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 07:54:21 2001
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	Lynn Winebarger on Wed, 2 May 2001 21:22:37 -0500)
Subject: Re: Microsoft: Closed source is more secure
References: <200104251308.JAA08118@abyssinian.sleepycat.com> <20010425155732.S14988@alberti.gnupg.de> <200104261102.f3QB2Qg18880@linux.local> <0105022122370H.01106@locke.free-expression.org>
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Werner Koch <wk@gnupg.org> wrote:
> > > Responsible admins don't use wu-ftp or other programs with a large
> > > record of security pitfalls.  Well, Bind is a problem because there
> > > is no other conforming and usable alternative available.

I replied:
> > What is the problem with djbdns (apart from the fact that it is
> > not Free Software)?

Lynn Winebarger <owinebar@free-expression.org> responded:
> (a) personality of the author as seen in Internet postings (usenet/web pages)
> (b) poor documentation, if qmail is any indicator
> (c) odd way of writing source code, if qmail is any indicator
> (d) odd build process, if qmail is any indicator
> (e) odd license and infrequent updates to official source (if qmail ....),
>     which exacerbate the effects of b,c, and d.

All of these are valid points even though they don't say
anything against djbdns being a secure, very usable and
RFC-conforming alternative to BIND.

DJB's standards in the area of security are so much higher than
those of almost everyone else that I think that it is certainly
understandable that he does some things in unusual ways.  I am
not a fan of DJB, but I feel that we in the Free Software
movement should seek ways to raise our standards in the area of
security instead of criticising DJB for using "odd" ways.
I will continue to use djbdns until a Free Software alternative
is available which is at least of similar quality.

Greetings, Norbert.

-- 
Norbert Bollow, Weidlistr.18, CH-8624 Gruet (near Zurich, Switzerland)
Tel +41 1 972 20 59       Fax +41 1 972 20 69        nb@thinkcoach.com
> Currently recruiting:  Perl programmers  and  JSP (JavaServer Pages)
> programmers for the "Traffic Building Bulletin Board System" project
> at FreeDevelopers.Net    ------------------>    See http://tbbbs.org

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Date: Thu, 3 May 2001 00:39:32 -0700
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From: Rich Morin <rdm@cfcl.com>
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At 12:10 AM +0100 5/3/01, Simon Cozens wrote:
>It's not just me, then:

I generally agree with Brian's comments;
here is the response I sent to Evan...

>I, too, would like to see Apple open up more of its software and interfaces.
>I would also like to see them adopt a license that is more compatible with
>Open Source, or better, Free Software.  Apple also needs to respect terms
>like Open Source (and UNIX :-) and avoid claiming to be what they are not.
>
>On the other hand, none of this makes Apple a "Black Hole".  If they used
>free software and didn't give back changes, your accusation would have some
>merit, but that is not the case.  Apple has given back assorted changes to
>the BSD community and is working with assorted Open Source projects on a
>cooperative basis.
>
>The fact they have some proprietary aspects and some (nearly) open source
>aspects is well-understood by everyone involved; you don't have to like it,
>but it doesn't make them a Black Hole, any more than similar arrangements
>do for other vendors (e.g., IBM, Sun, ...).

-r
-- 
http://www.cfcl.com/rdm - home page, resume, etc.
http://www.cfcl.com/Meta/md_fb.html - The FreeBSD Browser
email: rdm@cfcl.com; phone: +1 650-873-7841

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Subject: Re: Apple and Open Source
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on Wed, May 02, 2001 at 06:49:49PM -0700, Crispin Cowan (crispin@wirex.com)=
 wrote:
> Casey West wrote:
>=20
> > On Thu, May 03, 2001 at 12:10:06AM +0100, Simon Cozens wrote:
> > : On Sat, Apr 21, 2001 at 11:42:59AM +0100, Simon Cozens wrote:
> > : > So, what is it with Apple and Open Source?
> > :
> > : It's not just me, then:
> > : http://dailynews.yahoo.com/h/zd/20010502/tc/open_source_s_black_hole_=
1.html
> >
> > I'm not suprised a bit.  Doesn't MicroSoft hold a fair stake in Apple?
> > My take on the situation is that even if folks at Apple wanted to give
> > something back they would be haulted by The Big Bad Machine.
>=20
> Microsoft holds a trivial stake in Apple.  MS invested $150 million in
> Apple in 1997, which at the time had a market cap. of approx. $6
> billion, giving MS approx. 2.5% of Apple.
>=20
> Source:
> http://bvsd.k12.co.us/schools/cent/Newspaper/sum97/stories/microsof.html

This is also generally acknowledged to have been part of a settlement
deal between Apple and MSFT.  Hardly an uncoerced investment.  I'll dig
for details, IIRC, the circumstances were revealed some 6-12 months
after the deal.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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on Thu, May 03, 2001 at 12:10:06AM +0100, Simon Cozens (simon@netthink.co.u=
k) wrote:
> On Sat, Apr 21, 2001 at 11:42:59AM +0100, Simon Cozens wrote:
> > So, what is it with Apple and Open Source?
>=20
> It's not just me, then:
> http://dailynews.yahoo.com/h/zd/20010502/tc/open_source_s_black_hole_1.ht=
ml

Evan, bless his soul, is a staunch defender of the GPL.  Often expressed
as attacks on BSD-style licenses.  Don't read _too_ much into this.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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From fsb-return-5543-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Thu May 03 13:46:32 2001
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From: Lynn Winebarger <owinebar@free-expression.org>
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Subject: Re: Microsoft: Closed source is more secure
Date: Thu, 3 May 2001 08:47:20 -0500
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On Thursday 03 May 2001 02:23, Norbert Bollow wrote:
> Lynn Winebarger <owinebar@free-expression.org> responded:
> > (a) personality of the author as seen in Internet postings (usenet/web
> > pages) (b) poor documentation, if qmail is any indicator
> > (c) odd way of writing source code, if qmail is any indicator
> > (d) odd build process, if qmail is any indicator
> > (e) odd license and infrequent updates to official source (if qmail
> > ....), which exacerbate the effects of b,c, and d.
>
> All of these are valid points even though they don't say
> anything against djbdns being a secure, very usable and
> RFC-conforming alternative to BIND.
>
    They don't say anything against djbdns being RFC-conforming, and
nothing either for or against its security.
    However, when they are combined, they do say something very negative
about its usability.  (b) alone is enough to make usability a problem. However, 
neither it nor (c) and (d) would prevent me from using djbdns (or qmail)
without the presence of (e).  I can only tell of my experience looking at qmail to
justify this.  Qmail lacks a features that are necessary for running
an effective and secure mail exchange/relay operation "out of the box".  By secure,
I particularly mean supporting authorization and starttls.  By effective, I mean configuration
by means other than file editing (such as LDAP).  Because of the license, remedying this
requires sifting though a multitude of patches, which may or may not be well-documented,
and for which there are no well-established trust relationships.   Furthermore, the oddness
factors (c) and (d) start taking a larger role here, because now I personally have to take an
interest in the source code.  Not only that, I have to look at a wide variety of feature adders
because the author, because of some political game he wants to play (it's in his docs, "can't
add this feature because it would expose me to this security-related criticism"), won't. 
Furthermore, the license is imposed (as far as I can tell) to maintain the specious "reward
for finding a security hole" "guarantee".  Bah!
    Now, you may say this is how it should be.  I should be familiar with every line of source code
for every package I run on the systems I maintain.  I should put security absolutely above features.
The reality is, it's not a real option.  I would be proud to be at the point to tell you that I know
all the build-time options of every piece of software run on the machines I maintain.  But I don't
(though I almost do).  That in itself requires a hefty investment of time that some would tell
me I shouldn't have made in a pragmatic world. And they may be right.  But I certainly don't have
the time to delve through a mound of source code to add features and documentation I (and possibly
others) need in order to effectively use it.   If I could redistribute the whole package, or if I could
rely on the author to take an interest in these features, I might consider it a worthwhile investment
of my time.  But he's made it clear he's not.  He's made it quite clear he's more interested in
winning a technical victory (and I mean one on technicalities, not on technical virtues), rather than
one on being both featureful and secure.   And this makes me say, why am I wasting my time?
     Now, I know, qmail has its adherents, and Russ Nelson, notably, provides support for it.
Presumably they have found its virtues worth investing their time on.  Of course, Russ consults
on qmail, so one can guess that his time investment gaining expertise in the details of qmail is
well-spent.  I, and I assume many (but not all) sysadmins out there, do not have that luxury.
I'm not saying other free mail server implementations (or BIND) are really easy to use and 
troubleshoot, or add features to.  But at least I'm pretty sure that if it came to that, either the maintainers
of the software would have some interest in incorporating my work (depending on quality) or
I would have the option of forking if I disagreed with their evaluation or if there were some 
political game being played.  Either way, my attempt to contribute and my needs (or the needs
of my employer) get a fair shake.
     Here ends my rant on why "oddness" matters, particularly when the software isn't free.
Maybe I'm just not diligent enough, but I doubt it.  Or maybe I'm an odd sysadmin.  Hard for me to
tell.

Lynn


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Lynn Winebarger wrote:
> On Thursday 26 April 2001 06:02, Norbert Bollow wrote:
> > Werner Koch <wk@gnupg.org> wrote:
[...]
> > What is the problem with djbdns (apart from the fact that it is
> > not Free Software)?
>
> (a) personality of the author as seen in Internet postings (usenet/web
pages)

Don't look a gift horse in the mouth.

> (b) poor documentation, if qmail is any indicator

That has been used as a business opportunity before.

> (c) odd way of writing source code, if qmail is any indicator

You mean securely?

The usual ways of writing C imply that you will be fighting buffer
overflows forever.  But this odd way of writing C doesn't suffer
from that...

> (d) odd build process, if qmail is any indicator

Don't look a gift horse in the mouth.

> (e) odd license and infrequent updates to official source (if qmail ....),

Yeah, that one bothers me as well.  But what works...

>  which exacerbate the effects of b,c, and d.

I note that security is not on your list of reasons not to use the
package.  I note that security is a huge issue for bind.  What are
your priorities?

Cheers,
Ben


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On Thu, 3 May 2001, Lynn Winebarger wrote:
> Qmail lacks a features that are necessary for running an effective and
> secure mail exchange/relay operation "out of the box".  By secure, I
> particularly mean supporting authorization and starttls.

There are third-party patches for both of these things available from
qmail.org.  Yes, applying third-party patches can be a pain.  I've thought
about starting a "qmail-unoff" project that would be an unofficial set of
patches to qmail, distributed as a set, with QA and integration and all
that.  Then, someone takes the official qmail and applies a megapatch and
gets a set of useful features, nicely integrated.  This is cumbersome, but
doable, and even with a tool like CVS not unreasonable at all (releases
are a matter of taking a diff from the original import).  Yes, it does
mean a rework with a new Qmail release since DJB doesn't have a public CVS
tree, but that happens like once a year so it wouldn't be too bad.

At the very least, qmail is compilable from its non-open open source code.
My prediction would be that if MS were to release source code, it would
not be practically compilable, be poorly documented, and so voluminous in
size as to be unusable for anything other than... PR.  This would also
prevent the possibility of patches floating around to fix bugs, as patches
are meaningless if you can't compile it.

	Brian



From fsb-return-5546-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 13:29:51 2001
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Subject: Re: Fwd: Re: Microsoft: Closed source is more secure
References: <0105022358110J.01106@locke.free-expression.org>
From: Ian Lance Taylor <ian@airs.com>
Date: 03 May 2001 09:04:28 -0700
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Lynn Winebarger <owinebar@free-expression.org> writes:

> On Thursday 26 April 2001 06:02, Norbert Bollow wrote:
> > Werner Koch <wk@gnupg.org> wrote:
> > > Responsible admins don't use wu-ftp or other programs with a large
> > > record of security pitfalls.  Well, Bind is a problem because there
> > > is no other conforming and usable alternative available.
> >
> > What is the problem with djbdns (apart from the fact that it is
> > not Free Software)?
> 
> (a) personality of the author as seen in Internet postings (usenet/web pages)
> (b) poor documentation, if qmail is any indicator
> (c) odd way of writing source code, if qmail is any indicator
> (d) odd build process, if qmail is any indicator
> (e) odd license and infrequent updates to official source (if qmail ....),
>  which exacerbate the effects of b,c, and d.   

None of these say that djbdns is non-conforming or non-usable.  The
problem to be addressed is bind.  If there were a better alternative,
we could use that.  But, as far as I know, there is only djbdns, which
does work, and is secure.  (I use it myself, and I've read the
code--once adjusted to the style, it's a heck of lot easier to read
than the bind code.)

I will note that your points (a), (c), and (d) seem irrelevant, and
that I disagree with your feelings on (b).  I agree that (e) is a
problem.  With respect to the interaction of (e) and (b), I note that
the documentation is on the web, and is updated rather more frequently
than the code.

Ian

From fsb-return-5547-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 13:47:41 2001
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Subject: Re: DJB [Was Re: Microsoft: Closed source is more secure]
References: <200104251308.JAA08118@abyssinian.sleepycat.com>
	<0105022122370H.01106@locke.free-expression.org>
	<200105030723.f437NWn19711@linux.local>
	<0105030736230K.01106@locke.free-expression.org>
From: Ian Lance Taylor <ian@airs.com>
Date: 03 May 2001 09:55:28 -0700
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Lynn Winebarger <owinebar@free-expression.org> writes:

> Not only that, I have to look at a wide variety of feature adders
> because the author, because of some political game he wants to play
> (it's in his docs, "can't add this feature because it would expose
> me to this security-related criticism"), won't.

I don't know what feature this refers to.  However, although I've
never met DJB, he doesn't strike me as playing political games.
Anybody with an ounce of political sensibility would not act the way
he does.  He certainly does play personal games: he attacks people who
have offended him, and he uses harsh language (e.g.,
http://cr.yp.to/qmail/venema.html).

He has no flexibility on issues like security and his opinion of good
design.  This leads him directly to his licensing terms; see, e.g.,
http://cr.yp.to/compatibility.html.  I recall that he once argued that
a different license wasn't necessary since qmail was wide-spread
anyhow, and the existing license ensured a single consistent
interface; however, I can't find that quote.

These characteristics make him difficult to like and difficult to work
with.  Sadly, they greatly inhibit distribution of his code.  If I met
somebody in person who acted the way DJB does on the net, I would
assume a mild case of autism.  But of course DJB probably has a
different persona in real life.

Ian

From fsb-return-5548-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 13:58:59 2001
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From: Seth Gordon <sethg@ropine.com>
To: fsb@crynwr.com
In-reply-to: <0105022358110J.01106@locke.free-expression.org> (message from
	Lynn Winebarger on Wed, 2 May 2001 23:58:11 -0500)
Subject: Re: Fwd: Re: Microsoft: Closed source is more secure
References:  <0105022358110J.01106@locke.free-expression.org>
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Speaking as someone who uses djbdns and subscribes to the dns@cr.yp.to
mailing list...

   > What is the problem with djbdns (apart from the fact that it is
   > not Free Software)?

   (a) personality of the author as seen in Internet postings (usenet/web pages)

Fortunately, once I figured out how to get the software working, I
didn't have to depend on the author's personality to keep it working.

   (b) poor documentation, if qmail is any indicator

I will admit that the following dialogue on the list seems all too common:

"How do I get djbdns to do X?"
"You fool!  Just read http://cr.yp.to/djbdns/random-page.html#random-section!"
"The documentation sucks!"
"If you can't read the documentation, you're too stupid to run a DNS server!"

However, I did manage to go from virtual ignorance of DNS to a server
that works well enough for my needs without pestering the list too
much, and I got sick enough of the above dialogue to volunteer to
write better documentation.  (If anyone on this list tried installing
or using djbdns and gave up because of the documentation, email me;
you'll make perfect test subjects, bwah-hah-hah.)

And lousy documentation seems to be a curse of the whole software
industry, not just djbdns.

   (c) odd way of writing source code, if qmail is any indicator

I've never tried reading the source, but the djbdns.org page lists a
number of patches that others have contributed to enhance the program,
so it can't be *too* incomprehensible.

   (d) odd build process, if qmail is any indicator

I installed djbdns as an OpenBSD port and had no trouble with it.

   (e) odd license and infrequent updates to official source (if qmail ....),
    which exacerbate the effects of b,c, and d.   

If there was a DNS server that had djbdns's reputation for security
and reliability *and* was distributed under a mainstream open-source
license, I would probably use it.  However, I'd rather use a program
barely outside of the Open Source Definition than use a program with
BIND's security record.


   Lynn

   -------------------------------------------------------

-- 
"Rav would never cross a bridge when an idolator was on it; he said, 'Maybe he
will be judged and I will be taken with him.'  Shmuel would only cross a
bridge when an idolator was on it; he said, 'Satan cannot rule two nations [at
once].'  Rabbi Yannai would examine [the bridge] and cross."  --Shabbat 32a
== Seth Gordon == sethg@ropine.com == http://ropine.com/ == std. disclaimer ==

From fsb-return-5549-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 14:35:00 2001
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Date: Thu, 3 May 2001 16:42:58 -0400
From: Rafe Colburn <rafeco@rc3.org>
To: fsb@crynwr.com
Subject: Re: Apple and Open Source
Message-ID: <20010503164258.A68232@umbar.pair.com>
References: <20010421114259.A31502@netthink.co.uk> <20010503001006.A4468@netthink.co.uk> <20010502193518.A23201@stupid.geeknest.com> <3AF0B93D.23F9C8F7@wirex.com>
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On Wed, May 02, 2001 at 06:49:49PM -0700, Crispin Cowan wrote:
> Casey West wrote:
>
> > I'm not suprised a bit.  Doesn't MicroSoft hold a fair stake in
> > Apple?  My take on the situation is that even if folks at Apple
> > wanted to give something back they would be haulted by The Big Bad
> > Machine.
>
> Microsoft holds a trivial stake in Apple.  MS invested $150 million
> in Apple in 1997, which at the time had a market cap. of approx. $6
> billion, giving MS approx. 2.5% of Apple.

 It's worth pointing out that those shares were also special non-voting
shares (not plain old common stock), so it wasn't an investment in the
traditional sense anyway.

 --Rafe

-- 
rc3.org Daily - http://rc3.org

From fsb-return-5550-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 14:49:45 2001
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Quote of the day:

	The minute you give one professor the keys to
	the kingdom, you're going to be ransacked.

		- Jack Valenti, in a speech claiming
		  that DeCSS is terrorware.


Works for me. :-)

From fsb-return-5552-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 17:31:01 2001
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To: Lynn Winebarger <owinebar@free-expression.org>
Cc: fsb@crynwr.com
Subject: Re: Microsoft: Closed source is more secure
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>>>>> "Lynn" == Lynn Winebarger <owinebar@free-expression.org> writes:

    >> > (e) odd license and infrequent updates to official source

    Lynn> Qmail lacks a features that are necessary for running an
    Lynn> effective and secure mail exchange/relay operation "out of
    Lynn> the box".

So hire Russ Nelson.  Or any of the dozen or score of companies on the
www.qmail.org page.

Russ is a good dude; if you can't afford him, but have a good cause,
he might throw in some pro bono consulting.  (That's based on his
"good dude"-ness, I don't know what his personal policy on pro bono
is.  He may have already "given at the office".)

An alternative way of looking at (e) would be that DJB has an odd way
of saying "'running an effective and secure mail exchange/relay
operation' is a job for professionals, and cannot be done 'out of the
box', _any_ box..  Kids, don't try this at home."

    Lynn> By secure, I particularly mean supporting authorization and
    Lynn> starttls.

Merely supporting A & S is "secure"?  You have to know how to use
them!  That's non-trivial.  Among other things, it involves user
education and transitive trust, long known to be the weakest single
links in security.  "Don't try this at home."

Yes, I know what you "really meant".  But I think your argument as
stated depends on what you wrote, not on what you meant.

    Lynn> I should be familiar with every line of source code for
    Lynn> every package I run on the systems I maintain.  I should put
    Lynn> security absolutely above features.

Straw man.  If you really are interested in maintaining a secure
effective mail operation, investing the time or money to become or
hire a professional is the ante.  Otherwise I, for one, simply do not
believe you are serious.

"They" _are_ out to get us.  I've been "got", so have many of my
friends, including people running what they thought were "secure"
operations.  I have not made the investment to become a pro, nor do I
plan to immediately, because only I am at risk.  But I know what my
responsibility is if I extend my operations to serve people who don't
even have the minimal knowledge I do.

That doesn't mean I expect you to know how to deal with the legion of
holes opened up on systems that have Emacs or a C compiler available
-- you deal with those by not having them on the mail host.  Security
above features, absolutely.  :^)

    Lynn> Maybe I'm just not diligent enough, but I doubt it.  Or
    Lynn> maybe I'm an odd sysadmin.  Hard for me to tell.

I don't think you're odd, or lack diligence, at all.  I think you're
mixing "free speech" with "free beer" once again, as many (including
experienced sysadmins) do.  But in a very subtle way.  No question,
DJB's license does not qualify as a free software license.

Your real complaint, however, seems to be that you can't get qmail
levels of security plus the features you want cheaply by piggybacking
on DJB's code.  As we get extremely high quality, plus features,
through other (free) software.

_But that has nothing to do with the license._  You couldn't get that
anyway, even if it were a free license.  Security does not work that
way; mix and match inherently implies much lower levels of reliability
in the security domain than it does in others.  The "other side" is
actively seeking exploits, so unity of design and implementation is
much more important.

Yes, it would be cheaper if the software were free.  But nowhere near
as cheap as you suggest, because you have to include the cost of all
the "rm -rf /" exploits that happen to people who trusted "secure"
derivatives before hackers other than DJB get it as right as he has on
his limited domain.  The (high) probability of those is inherent in
free software.

The above expresses no opinion about whether DJB is playing political
games or what their motivation might be.

*****

That said, I agree that the restrictions are political; I think the
motivation is basically as stated -- he does not want to open himself
up to _any_ security-related criticisms.  Call it egotism if you like;
it's his software (assuming you don't go down rms's `no such thing as
IP' road) and he is welcome to put what restrictions on it he likes.

But there is also the argument that DJB has created what is, as far as
possible, a provably secure mail system, on a limited security domain.
He's backed it up with his bet.  That's a non-negligible contribution
to a more capable system.  (Eg, somebody could invent a secure
protocol for doing auth and starttls then handing them off to qmail,
then implement it.)

I see no reason why he should degrade his trade name (not to mention
one crucial to Russ Nelson's business) by opening it up to "addition
of features required" for _some_ applications.  Others (Russ!) may
prefer the minimal "maximum security" implementation.

-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

From fsb-return-5551-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 17:38:50 2001
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To: Brian Behlendorf <brian@collab.net>
Cc: Simon Cozens <simon@netthink.co.uk>,
    <fsb@crynwr.com>
Subject: Re: Apple and Open Source
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>>>>> "Brian" == Brian Behlendorf <brian@collab.net> writes:

    Brian> But even if it were the same, access to the source code of
    Brian> a program one still has to pay for is still better than no
    Brian> access at all.

It may in fact be the best of the _possible_ worlds.  A world in
which all participants have a perfect understanding of the needs of
all others, and the ability to compromise among them appropriately is
not possible.  (A world without greed?  _Much_ easier; greed is _not_
the central problem.)

The price mechanism is still the most accurate way we have of
eliciting consumer valuations.

-- 
University of Tsukuba                Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences       Tel/fax: +81 (298) 53-5091
_________________  _________________  _________________  _________________
What are those straight lines for?  "XEmacs rules."

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From: Craig Brozefsky <craig@red-bean.com>
Date: 04 May 2001 13:30:53 -0500
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"Stephen J. Turnbull" <turnbull@sk.tsukuba.ac.jp> writes:
> >>>>> "Brian" == Brian Behlendorf <brian@collab.net> writes:
> 
>     Brian> But even if it were the same, access to the source code of
>     Brian> a program one still has to pay for is still better than no
>     Brian> access at all.
> 
> It may in fact be the best of the _possible_ worlds.  A world in
> which all participants have a perfect understanding of the needs of
> all others, and the ability to compromise among them appropriately
> is not possible.  (A world without greed?  _Much_ easier; greed is
> _not_ the central problem.)

I'm inclined to think it isn't tho.  My primary reason is that pricing
for the software is still based on the idea of the program's scarcity.
So you have a price analysis tied to an artificial scarcity, which is
divorced from the labor that went into the production of the software.
The two are indeed tied together, a company selling licenses must make
enough to pay for it development costs, but it's mediated by all the
profit taking and internal machinations of businesses.  The invisible
hand becomes as indiscriminant as ever.

> The price mechanism is still the most accurate way we have of
> eliciting consumer valuations.

But it does us no good if you're measuring variable X, which has only
a marginal connection to your goal state.

-- 
Craig Brozefsky                             <craig@red-bean.com>
                                  http://www.red-bean.com/~craig 
In the rich man's house there is nowhere to spit but in his face
					             -- Diogenes

From fsb-return-5554-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 19:17:02 2001
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From: Craig Brozefsky <craig@red-bean.com>
Date: 04 May 2001 14:22:24 -0500
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Craig Brozefsky <craig@red-bean.com> writes:

<in private>

Hey Stephen, I now we've gotten into some flame wars in the past, but
I wanted to let you know that in this thread I have no intention of
continuing those, and I would appreciate your commentary or correction
of my assumptions, reasoning here.  One of the things I've been
thinking about is how to better tie the costs of software to the labor
it takes to develop and support it.  It's something that my own
company is dealing with at the moment in trying to come up with a
pricing model for our software package (large parts of it are
available as Free Software).

Also, on your advice from a year or so ago, I started doing more
reading in economics.  I'm reading "Economics: A New Introduction" by
Hugh Stretton presently, and have also read some works on the economic
issues of Intellectual Property specifically, such as "The Economics
of Intellectual Property in a World Without Frontiers" by Meheroo
Jussawalla.  

> "Stephen J. Turnbull" <turnbull@sk.tsukuba.ac.jp> writes:
> > >>>>> "Brian" == Brian Behlendorf <brian@collab.net> writes:
> > 
> >     Brian> But even if it were the same, access to the source code of
> >     Brian> a program one still has to pay for is still better than no
> >     Brian> access at all.
> > 
> > It may in fact be the best of the _possible_ worlds.  A world in
> > which all participants have a perfect understanding of the needs of
> > all others, and the ability to compromise among them appropriately
> > is not possible.  (A world without greed?  _Much_ easier; greed is
> > _not_ the central problem.)
> 
> I'm inclined to think it isn't tho.  My primary reason is that pricing
> for the software is still based on the idea of the program's scarcity.
> So you have a price analysis tied to an artificial scarcity, which is
> divorced from the labor that went into the production of the software.
> The two are indeed tied together, a company selling licenses must make
> enough to pay for it development costs, but it's mediated by all the
> profit taking and internal machinations of businesses.  The invisible
> hand becomes as indiscriminant as ever.
> 
> > The price mechanism is still the most accurate way we have of
> > eliciting consumer valuations.
> 
> But it does us no good if you're measuring variable X, which has only
> a marginal connection to your goal state.
> 
> -- 
> Craig Brozefsky                             <craig@red-bean.com>
>                                   http://www.red-bean.com/~craig 
> In the rich man's house there is nowhere to spit but in his face
> 					             -- Diogenes
> 

-- 
Craig Brozefsky                             <craig@red-bean.com>
                                  http://www.red-bean.com/~craig 
In the rich man's house there is nowhere to spit but in his face
					             -- Diogenes

From fsb-return-5555-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 19:23:28 2001
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I don't have an opinion about the merits of djbdns.  Having read the
comments by others, however, I want to point something out. Djbdns may
or may not be secure, but it is decidedly *not* high assurance.
Auditability and documentation of code are *essential* to high
assurance. If the documentation is poor, if the design is not clearly
articulated and published, and if the code is substantially difficult to
comprehend and to cross-check against the design, then djbdns *cannot*
be a high assurance system.

That is: we don't *know* if it is secure. What we have is (a) a strong
assertion by the author and a couple of supporters, and (b) a software
artifact for which few (if any) security flaws have been reported.

These assertions *may* be correct. I have no contrary evidence from
personal experience. What I *do* know is that djbdns has not been
through any rigorous evaluation process that would lead me to confidence
about its security, and that there are several quirks about the
software, its build environment, and its documentation that would lead
me to initial skepticism.


Jonathan

From fsb-return-5556-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 19:27:57 2001
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From: Craig Brozefsky <craig@red-bean.com>
Date: 04 May 2001 14:33:26 -0500
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Craig Brozefsky <craig@red-bean.com> writes:

Woowoo!  Gnus complications and improper header editing.

Sorry guys.  Well, at least I was being freindly.  Let's consider this
a public apology to Stephen and the list at large for the flame wars I
participated in last year, as well as some on topic FSB discussion and
some reading reccomendations.

Both of the books I mention below, in particular Jussawalla's survey,
are good reads.  One thing about the Jussawalla that I dug is that it
presents a fairly balanced account of 1992 IP law, as well as a short
history of the various global organizations attempting to unify IP law
around the globe.  It's bibliography is very valuable as well since it
has references to alot of economic arguments/essays that we see
rehashed on this list and elsewhere quite frequently.

> Craig Brozefsky <craig@red-bean.com> writes:
> 
> <in private>
> 
> Hey Stephen, I now we've gotten into some flame wars in the past, but
> I wanted to let you know that in this thread I have no intention of
> continuing those, and I would appreciate your commentary or correction
> of my assumptions, reasoning here.  One of the things I've been
> thinking about is how to better tie the costs of software to the labor
> it takes to develop and support it.  It's something that my own
> company is dealing with at the moment in trying to come up with a
> pricing model for our software package (large parts of it are
> available as Free Software).
> 
> Also, on your advice from a year or so ago, I started doing more
> reading in economics.  I'm reading "Economics: A New Introduction" by
> Hugh Stretton presently, and have also read some works on the economic
> issues of Intellectual Property specifically, such as "The Economics
> of Intellectual Property in a World Without Frontiers" by Meheroo
> Jussawalla.  

-- 
Craig Brozefsky                             <craig@red-bean.com>
                                  http://www.red-bean.com/~craig 
In the rich man's house there is nowhere to spit but in his face
					             -- Diogenes

From fsb-return-5557-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 19:31:56 2001
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shap@cs.jhu.edu wrote:
> 
> I don't have an opinion about the merits of djbdns.  Having read the
> comments by others, however, I want to point something out. Djbdns may
> or may not be secure, but it is decidedly *not* high assurance.
> Auditability and documentation of code are *essential* to high
> assurance. If the documentation is poor, if the design is not clearly
> articulated and published, and if the code is substantially difficult to
> comprehend and to cross-check against the design, then djbdns *cannot*
> be a high assurance system.

The code is not very difficult to comprehend.  It's just stylistically
quite different from typical C code.  

> That is: we don't *know* if it is secure. What we have is (a) a strong
> assertion by the author and a couple of supporters, and (b) a software
> artifact for which few (if any) security flaws have been reported.
> 
> These assertions *may* be correct. I have no contrary evidence from
> personal experience. What I *do* know is that djbdns has not been
> through any rigorous evaluation process that would lead me to confidence
> about its security, and that there are several quirks about the
> software, its build environment, and its documentation that would lead
> me to initial skepticism.

Actually, I suspect that lots of people have gone over the source,
because of this:

http://cr.yp.to/djbdns/guarantee.html

He's offering $500 for bugs.  Granted, that's not much, but when you
count in the fame... well, I think there's more assurance than you
think.

-- 
-Dave Turner                               Stalk me:  (215)-545-2859  
--------------------------------------------------------------------
Insert here the quote from Stations Of The Tides that goes something
like: "I'll tear down the stars themselves and put up something 
worth looking at in their place".  I'll fix it when I find my copy.

From fsb-return-5558-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 19:42:40 2001
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Dave Turner wrote:
> Actually, I suspect that lots of people have gone over the source,
> [of djbdns] because of this:
> 
> 	http://cr.yp.to/djbdns/guarantee.html
> 
> He's offering $500 for bugs.  Granted, that's not much, but when you
> count in the fame... well, I think there's more assurance than you
> think.

This is *definitely* better than nothing, but I think you missed the
point.

The question is not whether the code has been haphazardly examined. The
question is whether there is an appropriately detailed specification
that meets the security objectives, and whether the code has then been
*systematically* examined by knowledgeable readers to determine whether
it satisfies this specification.

I'm not knocking bounties -- we're going to put one out on EROS one of
these days, and I hope it will help. I'm saying that bounties do not
take the place of a proper assurance evaluation.


Jonathan

From fsb-return-5559-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Fri May 04 20:05:04 2001
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	<3AF30053.A071847C@cs.jhu.edu>
From: Ian Lance Taylor <ian@airs.com>
Date: 04 May 2001 13:04:00 -0700
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shap@cs.jhu.edu writes:

> I don't have an opinion about the merits of djbdns.  Having read the
> comments by others, however, I want to point something out. Djbdns may
> or may not be secure, but it is decidedly *not* high assurance.
> Auditability and documentation of code are *essential* to high
> assurance. If the documentation is poor, if the design is not clearly
> articulated and published, and if the code is substantially difficult to
> comprehend and to cross-check against the design, then djbdns *cannot*
> be a high assurance system.

I don't want to get into a mode of defending DJB.  But I have looked
at the djbdns code (and, for that matter, the code for qmail,
daemontools, and ucspi-tcp).  It is small, highly modular, and
reasonably straightforward to understand.

The security design is clearly articulated:
    http://cr.yp.to/djbdns/ad/security.html

In particular, it's straightforward to verify that dnscache and
tinydns run under a non-root UID in a chroot jail.  That in itself
provides a very high level of security.  I believe it ensures that no
root exploit is possible except by playing off some hypothetical bug
in the operating system itself.  Would that the same were true of
bind.

Ian

From fsb-return-5560-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sat May 05 19:38:17 2001
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To: shap@cs.jhu.edu
Subject: Re: Fwd: Re: Microsoft: Closed source is more secure
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[I'm Ccing Dan to give him a chance to rebut my comments, because a
lot of this post consists of me putting words in his mouth.  Since the
post I'm responding to was posted on an open-membership,
publicly-archived mailing list, I'm assuming it's OK to quote it.]

shap@cs.jhu.edu writes:
> I don't have an opinion about the merits of djbdns.  Having read the
> comments by others, however, I want to point something out. Djbdns may
> or may not be secure, but it is decidedly *not* high assurance.
> Auditability and documentation of code are *essential* to high
> assurance. If the documentation is poor, if the design is not clearly
> articulated and published, and if the code is substantially difficult to
> comprehend and to cross-check against the design, then djbdns *cannot*
> be a high assurance system.

Dan has a tendency to write things in weird ways because he has come
to the conclusion that those weird ways are less likely to lead to
bugs than the more normal ways of doing things.  For example, he
doesn't use functions from the standard C library, other than Unix
system calls, because he thinks their design tends to produce and hide
bugs in programs that use them.

He also has a tendency to write software that is much smaller and
simpler than other similar software.  The source code to all of
djbdns, including several clients and several servers, totals 177
printed pages --- less than the BIND Operations Guide.  It might be
desirable to have documentation of the design that was smaller than
that, but that's still small enough to be easily understood.

I generally don't find his code particularly difficult to comprehend,
and I'm mystified by people who do.  I wonder if they're the same
people who have a hard time reading code with a different brace style
than they're used to.  DJB's code is, if anything, far simpler,
terser, and better-commented than most C code.

> That is: we don't *know* if it is secure. What we have is (a) a strong
> assertion by the author and a couple of supporters, and (b) a software
> artifact for which few (if any) security flaws have been reported.

None, as far as I know.  http://cr.yp.to/djbdns/guarantee.html seems
to imply that any reported security holes will be listed there
(although it actually only says that disputes will be reported there);
none are listed.  Two 'bug' items are listed in the CHANGES file,
which goes back to 1999-11-24.  Neither is a security flaw.

While Dan can be an asshole, it appears to me that he's a lot more
interested in the truth than in appearing to have been right; so I
think that the lack of listed security flaws there means there haven't
been any.

I have a lot more confidence in code that has been written and
released by Dan than in code that has been carefully audited by the
OpenBSD team.  This confidence comes from the years-long bug-free
history of qmail and ezmlm.  In fact, Dan's software is the only
reason I believe there is an alternative to the security-patch
treadmill.

> These assertions *may* be correct. I have no contrary evidence from
> personal experience. What I *do* know is that djbdns has not been
> through any rigorous evaluation process that would lead me to confidence
> about its security, and that there are several quirks about the
> software, its build environment, and its documentation that would lead
> me to initial skepticism.

Now you know why those quirks are there.

From fsb-return-5561-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 05:21:14 2001
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Lynn Winebarger writes:
 > > What is the problem with djbdns (apart from the fact that it is
 > > not Free Software)?
 > 
 > (a) personality of the author as seen in Internet postings (usenet/web pages)
 > (b) poor documentation, if qmail is any indicator
 > (c) odd way of writing source code, if qmail is any indicator
 > (d) odd build process, if qmail is any indicator
 > (e) odd license and infrequent updates to official source (if qmail ....),
 >  which exacerbate the effects of b,c, and d.   

Lynn, I personally don't evaluate software based on the personality of
the author.  I've heard that some people do, but I think it's rather
childish.  The documentation for djbdns is in fact rather well
written, however in order to appreciate this, you have to read it.
Many people simply Fail to Read The Manual (FRTM), which is probably
the source of the common reply they get: RTFM.  Yes, djbdns avoids
using many functions in the C library, for good reason: they produce
unreliable code.  Take, for example, strchr.  What it returns (a
pointer to the first-found character in a string) is useless without
first checking it to see if it's null.  The ideom looks like this:
    x = strchr(s, c);
    if (x) /* x points to c */;
    else /* there is no c in s */; Any time you see strchr used
outside of that ideom, you have unreliable code.  Dan uses instead
str_chr, which returns the offset from the beginning of the string to
the first character, or to the first null.  Such a value can be used
without first testing to see if it is null.  The "odd build process"
that you refer to involves downloading the tarball, extracting it, and
running "make".  IMHO, having to run "./configure" first is part of an
even odder build process.  As far as infrequent updates to qmail goes,
you must understand that qmail is a Unix program.  It does not come
tailored to your environment, nor to anybody's environment.  Neither
do cat, tail, grep, sed, awk, or any other of the standard Unix tools.
You should expect to have to configure qmail to your environment.
This is the Unix philosophy; stop acting so helpless.

That gets us down to the license.  Yes, qmail and djbdns are not open
source, nor free software by RMS's definition.  However, you have the
source, and you are free to redistribute it, you are free to
distribute patches (but not pre-patched source), and you are even free
to distribute binaries produced from unmodified source.  The only
thing that stops Dan's software from being open source is his refusal
to allow distribution of modified source or binaries.  If everyone
produced software of equal security and reliablity as Dan Bernstein,
then Open Source would have no legs.

-- 
-russ nelson will be speaking at http://www.osdn.com/conferences/handhelds/
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From fsb-return-5562-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 05:25:56 2001
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Lynn Winebarger writes:
 >      Now, I know, qmail has its adherents, and Russ Nelson,
 > notably, provides support for it.  Presumably they have found its
 > virtues worth investing their time on.  Of course, Russ consults on
 > qmail, so one can guess that his time investment gaining expertise
 > in the details of qmail is well-spent.  I, and I assume many (but
 > not all) sysadmins out there, do not have that luxury.  I'm not
 > saying other free mail server implementations (or BIND) are really
 > easy to use and troubleshoot, or add features to.

Exactly.  A complicated email system is hard to install and
troubleshoot.  There is no way around that.  At least with qmail, the
software does what the man pages say, and ONLY what the man pages
say.  No undocumented remote debug-as-root options.

>  But at least I'm
 > pretty sure that if it came to that, either the maintainers of the
 > software would have some interest in incorporating my work
 > (depending on quality) or I would have the option of forking if I
 > disagreed with their evaluation or if there were some political
 > game being played.  Either way, my attempt to contribute and my
 > needs (or the needs of my employer) get a fair shake.

Feel free to contribute.  http://www.qmail.org contains many people's
contributions.  So does http://www.djbdns.org, but fewer so because
it's only a little over a year old.  If you don't like their
contributions, well, you should feel free to fork them, and produce
your own.  As so many free software developers have had to say in the
past, "send code."

-- 
-russ nelson will be speaking at http://www.osdn.com/conferences/handhelds/
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From fsb-return-5563-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 05:31:40 2001
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Subject: Re: Microsoft: Closed source is more secure
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Stephen J. Turnbull writes:
 > That said, I agree that the restrictions are political; I think the
 > motivation is basically as stated -- he does not want to open himself
 > up to _any_ security-related criticisms.  Call it egotism if you like;
 > it's his software (assuming you don't go down rms's `no such thing as
 > IP' road) and he is welcome to put what restrictions on it he likes.

He could get the same results by using a certification process,
something I've tried but failed to convince him of.

 > But there is also the argument that DJB has created what is, as far as
 > possible, a provably secure mail system, on a limited security domain.
 > He's backed it up with his bet.  That's a non-negligible contribution
 > to a more capable system.

Particularly given the state of the art in 1996 when Dan wrote qmail.

 > (Eg, somebody could invent a secure protocol for doing auth and
 > starttls then handing them off to qmail, then implement it.)

Yup.

 > I see no reason why he should degrade his trade name (not to mention
 > one crucial to Russ Nelson's business) by opening it up to "addition
 > of features required" for _some_ applications.  Others (Russ!) may
 > prefer the minimal "maximum security" implementation.

It's not just security.  It's the fact that qmail is a tool that I use 
to create an email system.  The fact that it's not highly adapted to
any one environment makes it easy for me to adapt it to the
environment I need it to be in.  Simplicity and flexibility count.

-- 
-russ nelson will be speaking at http://www.osdn.com/conferences/handhelds/
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From fsb-return-5564-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 07:26:53 2001
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shap@cs.jhu.edu writes:

> Quote of the day:
> 
> 	The minute you give one professor the keys to
> 	the kingdom, you're going to be ransacked.
> 
> 		- Jack Valenti, in a speech claiming
> 		  that DeCSS is terrorware.

If you saw that quoted in my message on interesting-people, please
note that Valenti's speech is distinct from Alter's court arguments.
Valenti didn't advance the idea that DeCSS was like a terrorist
weapon, but he does say that it's like a lock pick, or a tool for
committing burglaries.

Alter's statements seem more extreme than Valenti's, in this case.

The "keys to the kingdom" was quoted in a few places at the time,
explaining why Valenti was afraid of research exemptions to the DMCA.
It is true that professors usually like to publish their results, and,
in the computing world, even reference implementations.

-- 
Seth David Schoen <schoen@loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5

From fsb-return-5565-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 09:56:07 2001
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Subject: Re: Microsoft: Closed source is more secure
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   I don't know if this is going off-topic or not.  Let's also keep in mind
I'm trying to answer the original question of "why isn't this used".  Giving
me all the reasons I'm wrong (while they may be valid and instructive to me)
is probably not so interesting to people on this list as looking at the question
of (a) "are these typical views", and (b) "if I design the most secure known
<x> application, how can I avoid being marginalized in the marketplace"
or similar.

On Thursday 03 May 2001 23:08, Stephen J. Turnbull wrote:
>     Lynn> I should be familiar with every line of source code for
>     Lynn> every package I run on the systems I maintain.  I should put
>     Lynn> security absolutely above features.
>
> Straw man. 
     Actually, I believe I've seen this view expressed before, but I may be
imagining remembering it. ["this view" being the double quoted one].  In my
more delusional moments, I may feel it's the right requirement.  It may have
been something in Vixie's cron build docs that said something along the
lines of "If saying 'su to root and type make' was enough to get you to
su to root and type make, you've got a security problem.  You should
look into it", where I saw the first sentence as an implication.

> If you really are interested in maintaining a secure
> effective mail operation, investing the time or money to become or
> hire a professional is the ante.  Otherwise I, for one, simply do not
> believe you are serious.

     Changing the financial situation is not directly within my power.
As for the time, it's a limited resource, and mail is far from the only
service I have to oversee.  I imagine we're not the only ones in this
situation.

> "They" _are_ out to get us.  I've been "got", so have many of my
> friends, including people running what they thought were "secure"
> operations.

    There are different gradations of "they".  "Secure" depends on the
analysis of the risks involved in a particular operation, and is not limited
to merely the source of a particular application.  I don't expect I'll ever run
machines with the security requirements of the military, NSA, or a major financial
institution.  My desire is simply to provide a reasonable level of confidentiality
while providing _necessary_ features, along with enough monitoring and 
record-keeping to pursue (legal) remedies if security is breached.  That's my
view on what security means.

> Your real complaint, however, seems to be that you can't get qmail
> levels of security plus the features you want cheaply by piggybacking
> on DJB's code.  As we get extremely high quality, plus features,
> through other (free) software.
>
> _But that has nothing to do with the license._  You couldn't get that
> anyway, even if it were a free license.  Security does not work that
> way; mix and match inherently implies much lower levels of reliability
> in the security domain than it does in others.  The "other side" is
> actively seeking exploits, so unity of design and implementation is
> much more important.
>
    No, you don't seem to understand.  Qmail's level of security is irrelevant
if it does not provide necessary features for the needs of the organization looking 
at it.  Essentially, _it_ is a straw man of a sort.  If I have to choose between 2 
calculator programs, one of which provides only + and - but absolutely, positively
no exploits - and the other of which provides multiplication and division as well
- but likely some unknown exploits; I'd have to choose the latter and try to set
up external barriers or otherwise minimize the effects of the potential exploits.  Note
I left out the option of writing my own calculator program deliberately (writing a calculator
is significantly easier than writing a complete RFC-conformant mail system).
   Obviously qmail provides sufficient functionality to satisfy many purposes, so
this may seem an unfair comparison - I'm just trying to illustrate the point, though.
     And while I am cheap (attempt to provide cost-effective solutions is the nicer
way of putting it), if we had the money to hire outside parties to modify source code,
I would not choose qmail as the starting point unless we truly had boatloads of money
to throw at the problem.   And the license is the reason.  I'd instead start with a piece of
free software, add the feature set  we need  (or some subset thereof) and redistribute it
so others with similar needs could make adaptations and contribute them back (if they 
wanted to).  It's a way for small organizations like the one I work for to informally 
pool our resources.  And the license for qmail (in concert with the other factors I 
mentioned originally) makes this a difficult thing to do.  As well as the infrequent
updates that would probably neither include these features (with contributed code)
or try to address them in other ways.  [given a piece of software with all the required
features but serious compromises, I'd consider contracting or doing some security
auditing, but it's an iffy thing since, as you mentioned, there may be inherent security
flaws in the design of the software].  And yes, this is still seeking free beer, but it's not
_only_ seeking free beer.

> up to _any_ security-related criticisms.  Call it egotism if you like;
> it's his software (assuming you don't go down rms's `no such thing as
> IP' road) and he is welcome to put what restrictions on it he likes.

   I agree it's his software and he can do with it as he likes; I'm just not
inclined to invest or advise investing resources into it.  While qmail is no toy
program, the apparent interest in political goals gives me the same feeling
about it.  [The water is murky here because part of the political goal involves
providing a "reasonably" featureful mail program, which is the same way
academic toy programs get designed and written - specify a limited problem
domain and address it].  Without an effective way of getting a secondary 
(trusted, but not necessarily as much) source and a snowball effect, that 
makes me very wary.

Lynn
PS - I'm not mailing from my work email address, if you're wondering.

From fsb-return-5566-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 10:51:12 2001
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From: Lynn Winebarger <owinebar@free-expression.org>
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Subject: Re: Fwd: Re: Microsoft: Closed source is more secure
Date: Sun, 6 May 2001 05:52:04 -0500
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On Thursday 03 May 2001 11:04, Ian Lance Taylor wrote:
> Lynn Winebarger <owinebar@free-expression.org> writes:
> > (a) personality of the author as seen in Internet postings (usenet/web
> > pages) (b) poor documentation, if qmail is any indicator
> > (c) odd way of writing source code, if qmail is any indicator
> > (d) odd build process, if qmail is any indicator
> > (e) odd license and infrequent updates to official source (if qmail
> > ....), which exacerbate the effects of b,c, and d.
>
> None of these say that djbdns is non-conforming or non-usable.  The
> problem to be addressed is bind.  If there were a better alternative,
> we could use that.  But, as far as I know, there is only djbdns, which
> does work, and is secure.  (I use it myself, and I've read the
> code--once adjusted to the style, it's a heck of lot easier to read
> than the bind code.)

    Can't speak directly to djbdns (that's why there's all those "if qmail
is any indicator"'s up there).  I wouldn't doubt that bind code would be
harder to read, though.

> I will note that your points (a), (c), and (d) seem irrelevant, and
> that I disagree with your feelings on (b).  I agree that (e) is a
> problem.  With respect to the interaction of (e) and (b), I note that
> the documentation is on the web, and is updated rather more frequently
> than the code.

     I  unintentionally misconstrued the original question as "Why don't more
people use djbdns?" rather than "Why don't _you_ [whoever he was replying to]
use djbdns?".  I agree (a) is irrelevant if the software is complete enough
 that you don't have to work with the author to add features (which appears
 to be the case for djbdns).  If you have to modify the code and want it put
 in the main distribution, (a) is a _factor_.   It's a greater factor when
 forking is not an option. (c) and (d) were factors for me once I decided I
 would have to read the source code to qmail to choose among the multitude of
 patches, or if I wanted to do it myself.  The fact that I had to read C code
 to see how the programs were built I took to be a bad portent of things to
 come.  I could not see (and still do not see) any good reason not to use a
 standard Makefile for the entire build process.   At this point I
 re-evaluate the question of whether the time it'll take to read the source
 and judge patches will be worth the payoff, or whether it'd be better to
 work with a free solution that had all the necessary C code and just needed
 the right configuration. Perhaps I mis-estimated, but I don't think so yet. 
 The time it takes to develop good C with non-buggy memory management is
 almost always going to be greater than writing a configuration file, even if
 that file uses its own programming language.  And (c) does exacerbate that
 until you've adjusted to the style (which is just odd, not obfuscated).
     Is it common now for the sysadmins (or whoever will be implementing an
 org's mail system) to be C programmers?  Of course, larger organizations can
 afford to pay for mail specialists to do this, but the question isn't
 restricted to them.

Lynn

-------------------------------------------------------

From fsb-return-5567-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 12:12:14 2001
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Subject: Re: Fwd: Re: Microsoft: Closed source is more secure
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On Sun, May 06, 2001 at 05:52:04AM -0500, Lynn Winebarger wrote:
>     Can't speak directly to djbdns (that's why there's all those "if qmail
> is any indicator"'s up there).  I wouldn't doubt that bind code would be
> harder to read, though.

I'll call the bluff. Have you read qmail, djbdns or bind code? I wouldn't like
to think you were talking about things you have no experience of.

-- 
Familiarity breeds facility.
        -- Megahal (trained on asr), 1998-11-06

From fsb-return-5568-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 13:07:00 2001
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On Sunday 06 May 2001 07:11, Simon Cozens wrote:
> On Sun, May 06, 2001 at 05:52:04AM -0500, Lynn Winebarger wrote:
> >     Can't speak directly to djbdns (that's why there's all those "if
> > qmail is any indicator"'s up there).  I wouldn't doubt that bind code
> > would be harder to read, though.
>
> I'll call the bluff. Have you read qmail, djbdns or bind code? I wouldn't
> like to think you were talking about things you have no experience of.

    I read a small amount of qmail code, none of djbdns or bind.  I haven't made
any claims about djbdns or bind (except as above), and only that the qmail source
is "odd" (compared to most source I've read).  That did assume it was written consistently
in the same style.
    Of course, the issue wasn't whether qmail had merits, it was how much time I was
going to spend on evaluating it for fitness for my purposes.  I certainly haven't claimed
qmail is unreadable or of poor quality.  I did spend a fair amount of time reading the
documentation included with the package itself, including the "notes" file.  In other
words, I attempted to read enough to estimate whether a full reading would be worth
the effort and fit within the time I had/have for it.
    I generally don't read large quantities of source code unless I've found some reason
I must modify it (and have no less time-consuming, reasonable alternative - e.g. other
software).  The major exception to this is when it's for educational purposes (for which 
DJB's code might well qualify).  Or for purely recreational purposes (but that's not on 
my employer's time).
    Were you under the impression I was comparing the quality of bind and djbdns source
code (or qmail vs sendmail source for that matter)?   I wasn't and haven't.  At worst I expressed
my faith in Ian's ability to tell which source was easier to comprehend - given that the one he 
evaluated as more difficult is many times larger and older.

Lynn

From fsb-return-5569-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 13:47:17 2001
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Subject: Re: Brett Glass on MS/GPL
Date: Sun, 6 May 2001 07:19:18 -0400
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[Original note posted on Farber's "interesting people" list]

[Brett Glass wrote:]
> >Microsoft is not arguing against the sharing or giving
> >away of code, but rather against the GPL, which is intended
> >to turn shared code into a weapon against the interests of
> >legitimate software businesses and even the programmers who
> >wrote it.

As opposed to, say, predatory and monopolistic licensing practices, which
are supposed to turn unshared money into a weapon against the interests of
legitemate software businesses, programmers, and the population at large.

Or as opposed to, say, manipulating market perceptions by releasing
low-function products in a competitor's area in order to lower the share
price of the competitor as a first step to acquisition, using sheer size as
a weapon against everyone and cheating the shareholders of the acquired
company in the process.

Clearly I don't agree with Brett about GPL, but whatever our respective
views of open source may be, his defense of Microsoft on these grounds
demands loud objections.


Jonathan S. Shapiro


From fsb-return-5570-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 14:03:34 2001
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Subject: Re: Fwd: Re: Microsoft: Closed source is more secure
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> [I'm Ccing Dan to give him a chance to rebut my comments...]

Then by all means let us also give him some context.

Dan: I have sent about three notes to FSB at this point trying to clarify
what it means to say that something is high-assurance software. This
followed a discussion about djbdns in which several unusual attributes of
the implementation and documentation were outlined by others. Most of these
unusual attributes have now been explained on the list.

I have said nothing negative about the security of djbdns. In fact, I've
agreed that based on the reported bugs it looks pretty good, and that the
reward offer is certainly a good and useful thing to have.

What I *have* said is that based on the descriptions on FSB to date, [and
also based on my own examination of the qmail package at one point, though I
didn't mention this on the list,] I am aware of no evidence that would
support a claim for high assurance. In particular, I am not aware that any
rigorous and proper evaluation process has been done for either piece of
software. If I am mistaken about this, I would be *delighted*, and I hope
that you will correct me.

I want to emphasize that when I use the term "high assurance", I am speaking
in the context of security standards and processes such as Common Criteria
(and friends). I am not trying to make any claim about djbdns. Rather, I am
trying to point out some deficiencies in people's understanding of the term
"security".

Jonathan


From fsb-return-5571-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 17:09:03 2001
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I thought this was a useful perspective.

-- 
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim@oreilly.com, http://www.oreilly.com
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INTERNET WORLD NEWS
Monday, May 7, 2001
Vol. 3, Issue 87
http://www.internetworld.com

Postscript: Why Microsoft Shouldn't Spurn Open-Source Code

By Jonathan Hill

Craig Mundie, a senior vice president at Microsoft
( http://www.microsoft.com ), set off a firestorm earlier
this week with a speech given at the New York University
school of business. The text of his talk, available online at
http://www.microsoft.com/presspass/exec/craig/05-03sharedsource.asp,
contains a passionate defense of intellectual property rights
as they relate to commercial software and goes on to take
some potshots at the Open Source Software (OSS) model,
reserving special ire for software that depends on the GNU
General Public License, or GPL.

Predictably, open-source adherents jumped all over Mundie,
and just as predictably, the buzz in the press and in
technology chat rooms seemed largely to consist of objections
to things that Mundie didn't say. Strange, because there are
a lot of real issues here.

Let's start with some Microsoft context. Microsoft is busy
reinventing its target audience. Mundie refers to the
company's .Net Web services initiative as a change in
strategy, a move away from device-centric applications to
user-centric services. This requires overhauling the
company's business model. Microsoft has, for some years now,
concentrated its application development efforts on tight
integration with the operating system -- and no, we will not
veer off into Justice Department territory here. We're
talking about MS Office applications that are designed to
take advantage of Windows services like the Taskbar and 3-D
and multimedia applications that can assume the existence of
a HAL (Hardware Abstraction Layer).

To be sure, most of the back end of .Net, the various
enterprise servers, for example, is designed to work in the
same way, taking advantage of things like Windows 2000
security services. In Internet World magazine's extensive
coverage of .Net in March, we pointed out that this tie may
well slow the adoption of the .Net servers, certainly within
current non-Microsoft shops.

But the Web services part of .Net need to be designed around
the idea that support services may or may not be available.
Web services applets need to be explicitly hardware
independent, hence the push to adopt SOAP/XML. Whether
Microsoft can create compelling hardware-independent software
is a subject of some debate, but at a minimum, .Net services
must -- simply must -- work within an undefined hardware and
software environment. This is a market that has already been
the subject of countless man-hours of application development,
and, to a large extent, that development has been accomplished
using open-source tools.

The bulk of Mundie's talk was devoted to an alternative
development model, newly defined "Shared Source," which
extends Microsoft's current model of strong support for the
Microsoft-based developer community and provides a broader
range of support services. As Mundie pointed out, to a
limited extent Microsoft has been doing this for years: Big
hardware manufacturers routinely get to look at OS source
code, for example. More important, big hardware vendors and
ISVs can be trusted to scrupulously honor Microsoft's
intellectual property rights and their contractual
obligations.

And here's where things get a bit tricky. In the abstract,
it's easy to understand why the software giant is so
concerned about intellectual property. Microsoft wants to
become "the" provider of building blocks for complex
applications. To compete, its blocks need to provide
an advantage over other blocks. Microsoft is not about to
become a giant consulting company putting together complex
applications to drive cozy partner relationships. To get a
return on its investment, Microsoft needs to get paid
directly for its tools-creation efforts. Current software
property rights law is on its side, but it remains to be seen
how well current law can be implemented within the amorphous,
anonymous Web.

The problem is that .Net applications may be based on a wide
variety of programming languages, tools, and libraries. Thus,
GPL's mandate that "any software that incorporates source
code already licensed under the GPL will itself become
subject to the GPL" means that if someone creates a .Net
application that contains GPL open-source code, all of the
rest of the application becomes open source, and you can say
goodbye to competitive advantage and all those MS dollars
thrown into creating .Net building blocks.

Mundie errs, however, when he tries to tie the use of GPL to
the "dot-com business models that proved least successful"
last year. His audience -- an audience that Microsoft
desperately needs to court -- knows better. From IBM to
one-person shops, developers are making money by developing
complex applications using open-source tools. They're not
trying to make "sole source tool provider" into a business
plan, and they're not trying to walk a tightrope, but they
are almost universally tired of being treated like fools.
Considering the extent to which all of these parties rise
and fall together on the strength of the new business-focused
Internet, some give-and-take, and a reappraisal of the
workings of intellectual property rights law, would seem to
be in order.

Send this newsletter to a friend
http://www.cheetahmail.com/c/s/friends/f.cgi?aid=64551872&uid=64602213&p=4ck
uc6jvi.eam&pid=76106038

*Sound Off
What is your stance on Microsoft's recent remarks about
open-source development? Send us your thoughts at
mailto:letters@iw.com.

Further reading

"Dissecting .Net"
Internet World Magazine, March 1, 2001
http://www.internetworld.com/dotnet/

(Postscript appears weekly in this newsletter. This week's
column was written by Jonathan Hill, technology editor of
Internet World magazine. E-mail: mailto:jhill@iw.com .)
------------------------------------------------------------



--------------------------------------------------------------
Mark Brokering
O'Reilly & Associates
101 Morris Street
Sebastopol CA 95472

Tel 707-829-0515, Fax 707-829-0104
mark@oreilly.com     http://www.oreilly.com


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From fsb-return-5572-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 17:41:32 2001
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From: Craig Brozefsky <craig@red-bean.com>
Date: 06 May 2001 12:46:50 -0500
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"Tim O'Reilly" <tim@oreilly.com> writes:

> The problem is that .Net applications may be based on a wide
> variety of programming languages, tools, and libraries. Thus,
> GPL's mandate that "any software that incorporates source
> code already licensed under the GPL will itself become
> subject to the GPL" means that if someone creates a .Net
> application that contains GPL open-source code, all of the
> rest of the application becomes open source, and you can say
> goodbye to competitive advantage and all those MS dollars
> thrown into creating .Net building blocks.

I don't understand this assesment.

I don't see how MS building blocks would lose their advantage here, as
they would never be "forced" into being GPLed by someone else using
GPLed code in an application that also uses them.  The person in
question would not be allowed to distribute their application using
GPLed code that also used proprietary code.  They however could still
use it themselves.

Also, if the inter-component communications method is SOAP/XML, it's
arguable that you could combine GPLed components and non-Free
components across such an RPC mechanism.  I believe that alot of this
has been hashed out in the GNOME discussion lists because of their use
of CORBA.  Linking, the dominant criteria for "dependency" upon GPL
code, and therefor required release of source if publically
distributing binaries, seems to have become out-dated in the .NET
model.

It seems to me that the GPL has more to lose from the direction .NET
is going in, wether it's ultimately .NET that is the dominant
architecture or not.  In this model software components are no longer
tied to being libraries or applications publically distributed.  They
can be code sitting on a server somewhere with a published interface.
These components can even use GPLed code without having to distribute
the entire component, since the GPL distribution clause does not apply
unless the binary is publically distributed.

My understanding is that the next version of the GPL is going to have
some clauses to address this situation.  I fear that it will bring
about a rift in the community tho, since coming up with a useful
clause that doesn't alienate people who are already using GPLed code
in their web application services or SOAP components is going to be
quite difficult.


-- 
Craig Brozefsky                             <craig@red-bean.com>
                                  http://www.red-bean.com/~craig 
In the rich man's house there is nowhere to spit but in his face
					             -- Diogenes

From fsb-return-5573-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 17:51:11 2001
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Subject: Re: [Fwd: Why Microsoft Shouldn't Spurn Open-Source Code]
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From: Craig Brozefsky <craig@red-bean.com>
Date: 06 May 2001 12:56:36 -0500
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Craig Brozefsky <craig@red-bean.com> writes:

> "Tim O'Reilly" <tim@oreilly.com> writes:

Actually the fragment below was written by Johnathan Hill
<jhill@iw.com> and not Tim O'Reilly.  Sorry Tim for the misattribution
in my previous post.

> > The problem is that .Net applications may be based on a wide
> > variety of programming languages, tools, and libraries. Thus,
> > GPL's mandate that "any software that incorporates source
> > code already licensed under the GPL will itself become
> > subject to the GPL" means that if someone creates a .Net
> > application that contains GPL open-source code, all of the
> > rest of the application becomes open source, and you can say
> > goodbye to competitive advantage and all those MS dollars
> > thrown into creating .Net building blocks.

<my comments deleted>

-- 
Craig Brozefsky                             <craig@red-bean.com>
                                  http://www.red-bean.com/~craig 
In the rich man's house there is nowhere to spit but in his face
					             -- Diogenes

From fsb-return-5574-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 17:52:54 2001
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From: Simon Cozens <simon@netthink.co.uk>
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Subject: Re: [Fwd: Why Microsoft Shouldn't Spurn Open-Source Code]
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On Sun, May 06, 2001 at 09:41:48AM -0700, Tim O'Reilly wrote:
> GPL's mandate that "any software that incorporates source
> code already licensed under the GPL will itself become
> subject to the GPL" means that if someone creates a .Net
> application that contains GPL open-source code, all of the
> rest of the application becomes open source

No, it does not. If .NET is working around services. One 
can mix GPL'ed and non-GPL'ed services.

If I use proprietary-foo | sort | proprietary-bar I don't have to open
source my foo and bar applications just because I use GNU sort.

-- 
All the good ones are taken.

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Subject: Re: Brett Glass on MS/GPL
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on Sun, May 06, 2001 at 07:19:18AM -0400, Jonathan S. Shapiro (shap@eros-os=
.org) wrote:
> [Original note posted on Farber's "interesting people" list]
>=20
> [Brett Glass wrote:]
> > > Microsoft is not arguing against the sharing or giving
> > > away of code, but rather against the GPL, which is intended
> > > to turn shared code into a weapon against the interests of
> > > legitimate software businesses and even the programmers who
> > > wrote it.
>=20
> As opposed to, say, predatory and monopolistic licensing practices, which
> are supposed to turn unshared money into a weapon against the interests of
> legitemate software businesses, programmers, and the population at large.
>=20
> Or as opposed to, say, manipulating market perceptions by releasing
> low-function products in a competitor's area in order to lower the share
> price of the competitor as a first step to acquisition, using sheer size =
as
> a weapon against everyone and cheating the shareholders of the acquired
> company in the process.
>=20
> Clearly I don't agree with Brett about GPL, but whatever our respective
> views of open source may be, his defense of Microsoft on these grounds
> demands loud objections.

Brett's translogical opposition to the GPL is stuff of legends.

--=20
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org

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From fsb-return-5576-brian-fsb-archive=taz3.hyperreal.org@crynwr.com Sun May 06 18:32:57 2001
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Please be careful in the attributions.  I didn't write that.  I just
forwarded Jonathan Hill's comments so that people would see the
discussion.  Please don't spread the idea that I am the source of these
comments.

Craig Brozefsky wrote:
> 
> "Tim O'Reilly" <tim@oreilly.com> writes:
> 
> > The problem is that .Net applications may be based on a wide
> > variety of programming languages, tools, and libraries. Thus,
> > GPL's mandate that "any software that incorporates source
> > code already licensed under the GPL will itself become
> > subject to the GPL" means that if someone creates a .Net
> > application that contains GPL open-source code, all of the
> > rest of the application becomes open source, and you can say
> > goodbye to competitive advantage and all those MS dollars
> > thrown into creating .Net building blocks.
> 
> I don't understand this assesment.
> 
> I don't see how MS building blocks would lose their advantage here, as
> they would never be "forced" into being GPLed by someone else using
> GPLed code in an application that also uses them.  The person in
> question would not be allowed to distribute their application using
> GPLed code that also used proprietary code.  They however could still
> use it themselves.
> 
> Also, if the inter-component communications method is SOAP/XML, it's
> arguable that you could combine GPLed components and non-Free
> components across such an RPC mechanism.  I believe that alot of this
> has been hashed out in the GNOME discussion lists because of their use
> of CORBA.  Linking, the dominant criteria for "dependency" upon GPL
> code, and therefor required release of source if publically
> distributing binaries, seems to have become out-dated in the .NET
> model.
> 
> It seems to me that the GPL has more to lose from the direction .NET
> is going in, wether it's ultimately .NET that is the dominant
> architecture or not.  In this model software components are no longer
> tied to being libraries or applications publically distributed.  They
> can be code sitting on a server somewhere with a published interface.
> These components can even use GPLed code without having to distribute
> the entire component, since the GPL distribution clause does not apply
> unless the binary is publically distributed.
> 
> My understanding is that the next version of the GPL is going to have
> some clauses to address this situation.  I fear that it will bring
> about a rift in the community tho, since coming up with a useful
> clause that doesn't alienate people who are already using GPLed code
> in their web application services or SOAP components is going to be
> quite difficult.
> 
> --
> Craig Brozefsky                             <craig@red-bean.com>
>                                   http://www.red-bean.com/~craig
> In the rich man's house there is nowhere to spit but in his face
>                                                      -- Diogenes

-- 
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim@oreilly.com, http://www.oreilly.com

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   Brett's translogical opposition to the GPL is stuff of legends.

For those of you unfamiliar with the legends: Brett argues (until his
opponents are blue in the fingers) that since the GPL is a cornerstone
of RMS's plot to destroy the "commercial" (this is the word that Brett
uses, don't blame me) software industry, any programmer who releases
code under the GPL is participating in an immoral conspiracy in
restraint of trade.

   Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/

-- 
"Rav would never cross a bridge when an idolator was on it; he said, 'Maybe he
will be judged and I will be taken with him.'  Shmuel would only cross a
bridge when an idolator was on it; he said, 'Satan cannot rule two nations [at
once].'  Rabbi Yannai would examine [the bridge] and cross."  --Shabbat 32a
== Seth Gordon == sethg@ropine.com == http://ropine.com/ == std. disclaimer ==

