Linux Today: Linux News On Internet Time.
Search Linux Today
search.internet.com
Linux News Sections:  Blog -  Developer -  High Performance -  Infrastructure -  IT Management -  Security -  Storage -
Linux Today Navigation
LT Home
Preferences
Contribute
Link to Us
Search
Linux Jobs

internet.commerce
Be a Commerce Partner

Domain registration
SMS Gateway
Calling Cards
Computer Hardware
Remote Online Backup
Memory Upgrades
KVM Switch over IP
Logo Design Custom
Web Hosting Directory
Free Business Cards
Shop Online
Send Text Messages
Promotional Golf
KVM over IP

The Linux Channel at internet.com
Linux Today
Enterprise Linux Today
Apache Today
JustLinux.com
Linux Planet
PHPBuilder
All Linux Devices
Technology Jobs

 

Whitepaper: HP Integrated Citrix XenServer for HP ProLiant Servers
Sponsored by HP, Citrix, and Intel
Learn how a single server can be easily and rapidly set up as a virtualization server to manage the server and the virtual machines. Download this whitepaper now and get a chance to receive FREE XenServer HP Select Edition Software.
Solutions for Technology Professionals from Internet.com

Featured Solutions for Technology Professionals from Internet.com
eBook: Storage Networking 2, Configuration and Planning
Sponsored by HP
Learn best practices and cover the general concepts you must know before configuring SAN-attached storage. The most critical part of setting up a SAN is configuring each individual disk array. This guide examines configurations for SAN-attached servers and disk arrays, and also includes a look at the future of IP storage. Learn more.

Current Newswire:

rPath Linux 2 Available

Stuart Cohen: Meet the Man Behind the Collaborative Software Initiative

Alfresco's Latest ECM: Prying Open a Sector?

The Convenience of Proprietary Software (From a Purchasing Angle)

Please Welcome Digistan

Ubuntu's Pipe Dream: True Free Software Syncronicity

Nothing New Under the Sun. Or Red Hat, or FSF, or OSI, or...

Open-Source Security Idiots

Microsoft's Quiet War Against GNU/Linux on Motherboards

Reflections on Open Source Commerce, Part 2

Senior Unix Engineer
I T Search
US-NE-Kimball

Justtechjobs.com Post A Job | Post A Resume
:UPDATED: Richard Stallman -- Apple's non-free source license
UPDATED: Richard Stallman -- Apple's non-free source license
Mar 22, 1999, 16 :17 UTC (77 Talkback[s]) (18277 reads)

(Other stories by Richard Stallman)

by Richard Stallman

March 22, 1999 -- Richard Stallman has issued an update to one of his paragraphs and we have appended it below the article. -- lt eds.

After studying Apple's new source code license, the APSL, I have concluded that it falls short of being a free software license. It has three fatal flaws, any of which would be sufficient to make the software less than free.

* Disrespect for privacy.

The APSL does not allow you to make a modified version and use it for your own private purposes, without publishing your changes.

* Central control.

Anyone who releases (or even uses, other than for R&D) a modified version is required to notify one specific organization, which happens to be Apple.

* Possibility of revocation at any time.

The termination clause says that Apple can revoke this license, and forbid you to keep using all or some part of the software, any time someone makes an accusation of patent or copyright infringement.

In this way, if Apple declines to fight a questionable patent (or one whose applicability to the code at hand is questionable), you will not be able to have your own day in court to fight it, because you would have to fight Apple's copyright as well.

Such a termination clause is especially bad for users outside the US, since it makes them indirectly vulnerable to the insane US patent system and the incompetent US patent office, which ordinarily could not touch them in their own countries.

Any one of these flaws makes a license unacceptable.

If these three flaws were solved, the APSL would be a free software license with three major practical problems, reminiscent of the NPL:

* It is not a true copyleft, because it allows linking with other files which may be entirely proprietary.

* It is unfair, since it requires you to give Apple rights to your changes which Apple will not give you for its code.

* It is incompatible with the GNU GPL.

Of course, the major difference between the NPL and the APSL is that the NPL *is* a free software license. These practical problems are significant in the case of the NPL because the NPL has no fatal flaws. Would that the same were true of the APSL.

At a fundamental level, the APSL makes a claim that, if it became accepted, would stretch copyright powers in a dangerous way: it claims to be able to set conditions for simply *running* the software. As I understand it, copyright law in the US does not permit this, except when encryption or a license manager is used to enforce the conditions. It would be terribly ironic if a failed attempt at making a free software license resulted in an extension of the effective range of copyright power.

Aside from this, we must remember that only part of MacOS is being released under the APSL--and it is the lowest level part. The only practical use for this code is to run the non-free part of MacOS. It will not help free operating systems, because they already have the low-level drivers for the PowerPC Mac.

Overall, I think that Apple's action is an example of the effects of the year-old "open source" movement: of its plan to appeal to business with the purely materialistic goal of faster development, while putting aside the deeper issues of freedom, community, cooperation, and what kind of society we want to live in.

Apple has grasped perfectly the concept with which "open source" is promoted, which is "show users the source and they will help you fix bugs". What Apple has not grasped--or has dismissed--is the spirit of free software, which is that we form a community to cooperate on the commons of software.

Thanks to Paul Seelig.

As posted to gnu.misc.discuss.



Update by Richard Stallman, March 22, 1999:

I previously wrote:

Aside from this, we must remember that only part of MacOS is being released under the APSL--and it is the lowest level part. The only practical use for this code is to run the non-free part of MacOS. It will not help free operating systems, because they already have the low-level drivers for the PowerPC Mac.

Apparently this was not entirely true. People tell me that some of the information in the released sources has resolved some remaining uncertainty about the hardware, which has helped the writing of PowerPC Mac drivers for Linux. It is good of Apple to make this information available, but this does not affect the main conclusions of my analysis.

Also, some say that the code released is actually a system which is sufficient for certain uses (though not including the graphical convenience that is the Macintosh's main technical feature). If so, I stand corrected; perhaps the code Apple has released would make some nontrivial contribution to the free software community, if the current APSL were replaced with a free software license.


Related stories:
Bruce Perens -- The Apple Public Source License - Our Concerns.
Eric S. Raymond -- OSI clarifies the status of the APSL.
Richard Stallman -- 15 Years of Free Software.


Index Mode   |   Flat Mode   |   Thread Mode   |   Thread Flat  
  Talkback(s) Name  and Date

Apple wants people to contribute their
 ...   RMS is a code hoarder!   
Jon Hendry
Mar 23, 1999, 12:29:43
 
Hate to say it but RMS is right this tim ...   Right.   
Kevin Forge
Mar 20, 1999, 16:51:34
 
I have little time for Richard over his  ...   Right   
Charles Esson
Mar 20, 1999, 17:09:41
 
I have little time for Richard over his  ...   Right   
Charles Esson
Mar 20, 1999, 17:15:29
 
Apple's "license", in my opinion, is ...   Exactly right... thwart explotation of OS communit   
Jerry Kreps
Mar 20, 1999, 17:50:49
 
The recent spate of licenses that are so ...   GPL   
Ganesh C. Prasad
Mar 20, 1999, 20:09:54
 
First, the just plain wrong ( and shocki ...   Typical RMS: Some smarts, some blather, some just   
dinotrac
Mar 20, 1999, 20:23:44
 
I think there will be more of these look ...   more attempts to expolit free software community t   
Preben Randhol
Mar 21, 1999, 03:50:21
 
Dino states that copyright law gives sof ...   Of Copyright and Execution   
Eric Lee Green
Mar 21, 1999, 09:01:21
 
I agree.  And what they are releasing is ...   Re: Exactly right... thwart explotation of OS comm   
Some Guy
Mar 21, 1999, 11:39:50
 
APSL is a wonderful example of why Mr. S ...   APSL is a great example...   
Art Cancro
Mar 21, 1999, 11:50:10
 
Hmm, I don't usually agree with RMS, ...   Well said   
Brian Tabone
Mar 21, 1999, 12:00:19
 
It seems RMS is the only one with any se ...   Re: Right   
Stephen Crowley
Mar 21, 1999, 12:21:29
 
Apple is dieing anyway.  Let them make o ...   Who Cares   
James Lewis
Mar 21, 1999, 12:32:38
 
Well, Communist would like free lunch ...   FREE LUNCH IS GOOD?   
Bill Goose
Mar 21, 1999, 12:46:39
 
I toally disagree with RMS.  Here's  ...   Um, no   
A Little Birdie
Mar 21, 1999, 13:00:08
 
Greetings,
    He's right.  I usuall ...   Oddly enough...   
Morgan Schweers
Mar 21, 1999, 13:24:34
 
Frankly, RMS and some of the reader comm ...   _not_ just Mach for Mac   
Colin Clark
Mar 21, 1999, 13:41:30
 
I see your point that Apple wants to har ...   good point, well stated   
Mark Demma
Mar 21, 1999, 13:46:35
 
Let's see:

By 1) -- what if you *ca ...   Re: Um, no   
Matthew Weigel
Mar 21, 1999, 14:01:30
 
It is arguable that Apple and some other ...   "Accessible Source"   
Erich Boleyn
Mar 21, 1999, 14:02:41
 
Read the license for the software. Deter ...   I have the solution...   
John Bell
Mar 21, 1999, 14:09:49
 
Contrary to RMS's comments, there ar ...   There ARE practical uses for the code   
Joe Strumberger
Mar 21, 1999, 14:12:26
 
What does RMS think about the NCL(New Co ...   NCL???   
Gerard
Mar 21, 1999, 14:14:34
 
I think its wrong that you have to log i ...   Re: Um, no   
Trae McCombs
Mar 21, 1999, 15:05:24
 
Still, it is a step, though a very small ...   Re: Oddly enough...   
Alfredo tomato
Mar 21, 1999, 15:06:23
 
You guys seem pretty paranoid to me.  If ...   why so much complaining?   
Ian Ragsdale
Mar 21, 1999, 15:13:51
 
Ian Ragsdale isn't getting the point ...   Why so much complaining? Here's why:   
Xtian
Mar 21, 1999, 16:00:00
 
Mr Weigel:
1) If you CAN'T publish y ...   Re: Um, no   
A Little Birdie
Mar 21, 1999, 16:12:21
 
It strikes me as interesting how many of ...   Free code free Thought   
Ben Dover
Mar 21, 1999, 16:15:20
 
The reasons for all the complaining, for ...   ...the reasons are straightforward   
William Meyer
Mar 21, 1999, 16:18:36
 
Perhaps it's really just the develop ...   Re: Who Cares   
Beetle
Mar 21, 1999, 16:43:34
 
Apple has always been known for it's ...   Apple: No Thanks   
Jeff Carr
Mar 21, 1999, 17:32:32
 
Trae McCombs

> I think its wrong that y ...   Re: Re: Um, no   
Andrew Greenberg
Mar 21, 1999, 17:55:53
 
> Xtian writes:
> Ian Ragsdale isn't ...   Re: Why so much complaining? Here's why:   
Andrew C. Greenberg
Mar 21, 1999, 18:34:19
 
> This isn't free beer... this is le ...   Re: good point, well stated   
Andrew C. Greenberg
Mar 21, 1999, 18:50:51
 
Eric Green states that copyright law is  ...   Legal Issues   
Andrew C. Greenberg
Mar 21, 1999, 18:56:57
 
If nobody contributes a thing to the App ...   Another perspective   
Chris Johnson
Mar 21, 1999, 19:16:01
 
I tend to disagree with most of what RMS ...   I can't believe I'm agree'ing with Sta   
erik olson
Mar 21, 1999, 19:44:14
 
Would it be too much to ask that people  ...   Has RMS even read the APSL?   
Espen Koht
Mar 21, 1999, 19:46:04
 
just because linuxppc and mklinux have d ...   darwin drivers HAVE helped   
Tom Vier
Mar 21, 1999, 20:54:00
 
Stallman doesn't seem to have a clue ...   Anti-Apple Sanctimonious Drivel, I'm tired of   
litl arf n nonnie
Mar 21, 1999, 21:35:16
 
Well, you were right at least about the  ...   Valiant effort, Mr. Green, but...   
dinotrac
Mar 21, 1999, 22:13:38
 
Nearly everyone is primarily motivated b ...   Many people saw this kind of thing coming.   
Lee Reynolds
Mar 21, 1999, 22:56:57
 
Richard M. Stallman had the momentum and ...   RMS: Bite Me!   
Jay Prince
Mar 21, 1999, 23:28:28
 
GNOME is not a USABLE interface.   It su ...   Re: Apple: No Thanks   
Jay Prince
Mar 21, 1999, 23:32:18
 
 ...   some of us want better code, not dogma   
pmb
Mar 22, 1999, 01:00:53
 
> I'm no lawyer but RMS is correct i ...   Re: Who knows the APSL? RMS does! Read it care   
Andrew C. Greenberg
Mar 22, 1999, 06:35:27
 
I'm no lawyer but RMS is correct in  ...   Who knows the APSL? RMS does! Read it carefull   
Andrew Bradford
Mar 22, 1999, 02:58:28
 
I've never written code for Apple&#3 ...   Low level? Darwin drivers!   
Andrew Bradford
Mar 22, 1999, 03:16:57
 

i believe mr. Stallman has thought long ...   what i believe   
mike stone
Mar 22, 1999, 04:09:19
 
Hi

I just wanted to trow some grawel in ...   Take a look a Mozilla!   
Jonas Krat
Mar 22, 1999, 04:34:48
 
I have received some e-mails asking for  ...   APSL Software is "free software" under RMS' wr   
Andrew C. Greenberg
Mar 22, 1999, 07:12:49
 
I normally agree with Mr. Stallman, even ...   About trust   
David
Mar 22, 1999, 07:57:47
 
Richard Stallman's comments sound ri ...   Hm,.. think again..   
Sascha Leib
Mar 22, 1999, 09:20:29
 
It is stated:


 Aside from this, we mus ...   Low level Obviously   
Aaron
Mar 22, 1999, 10:43:20
 
Without singling out an author, statemen ...   Repeated Falsehoods   
NN
Mar 22, 1999, 14:02:01
 
Let me frame this reply in the second pe ...   Why are RMS's panties in a bunch?   
John Randolph
Mar 22, 1999, 14:08:16
 
RMS is a very intelligent man who focuse ...   Why RMS is not whining.   
Jl
Mar 22, 1999, 23:03:32
 
And by the way, a BSD-like licence would ...   Another thing... (sorry)   
Jl
Mar 22, 1999, 23:10:19
 
"The efforts, like GNOME, to create a us ...   Re: Apple: No Thanks   
Gunnar Liljas
Mar 23, 1999, 05:20:58
 
I couldn't agree more. While Linux m ...   Re: Re: Apple: No Thanks   
Gunnar Liljas
Mar 23, 1999, 05:23:36
 
I'm really amazed every time I read  ...   Apple   
mattwb
Mar 23, 1999, 08:00:17
 
I'm not going to comment on the pate ...   Apple *has* released a free operating system.   
Michael Feldstein
Mar 23, 1999, 08:32:38
 
I haven't seen Apple's kernel, b ...   How long 'till Apple GUI on Linux?   
Jason Nyberg
Mar 23, 1999, 09:56:22
 
I hate closed software! Bugs go by unfix ...   Apple != MS...they're worse!   
Andrew Bradford
Mar 23, 1999, 10:48:18
 
Hoarding is not the right word to use he ...   Re: RMS is a code hoarder!   
Martin Lebl
Mar 23, 1999, 17:58:18
 
Apple has never been an "open" company.  ...   open this   
Steve Klingsporn
Mar 23, 1999, 18:23:53
 
It's amazing how people lose their p ...   Code hoarding it is. . .   
Andrew C. Greenberg
Mar 23, 1999, 21:45:54
 
I disagree with those who claim that App ...   Apple Is Giving Something Back...   
Curt Sampson
Mar 24, 1999, 09:48:42
 
Richard Stallman appears to have no conc ...   All or nothing?   
Mike Washé
Mar 24, 1999, 12:01:04
 
I've never read a single software li ...   Software licenses.. bah!   
Sleepy
Mar 25, 1999, 11:19:24
 
Boys and Girls, a couple of things here. ...   oy vey!   
John Welch
Apr 2, 1999, 09:31:38
 
The time that I essentially gave up on A ...   Open Apple   
Charles Hixson
Apr 2, 1999, 13:26:42
 
What do you realy buy when you pay for a ...   What you are buying,   
Kat
Jun 1, 1999, 03:35:26
 
Well, look at it this way. It is wrong f ...   Better than closed source   
Jason Kenney
Dec 11, 2001, 15:28:28
 
Interested in learning Linux.  ...   Linux 10.0   
Prakash.J
Jul 3, 2004, 05:29:50
 
  Home | Search Talkbacks | Customize View    Top of Page  



Enter your comments below:

* Your Name:

* Your Email Address:

* Subject:

CC: [will also send this talkback to an E-Mail address]

* Comments:

Tags allowed:<I>,<B> and <U>. See our talkback-policy for more about talkback content.

Fields marked with * are required!


Rare Occurrence: For a limited time buy Crystal Reports® XI for $395. Upgrade price $99. Try or Buy>>
Sophos Whitepaper: Liberating the Inbox--How to Make Email Safe and Productive Again
Intel Whitepaper: Improve Security and Control of Your PCs
Audiocast and Data Sheet: Reduce Complexity and Costs with Microsoft Identity and Access Solutions
Learn about expanding business opportunities for the reseller channel. Visit IT Channel Planet.

..............................


All times are recorded in UTC.
Linux is a trademark of Linus Torvalds.
Powered by Linux, Apache and PHP

JupiterOnlineMedia

internet.comearthweb.comDevx.commediabistro.comGraphics.com

Search:

Jupitermedia Corporation has two divisions: Jupiterimages and JupiterOnlineMedia

Jupitermedia Corporate Info


Legal Notices, Licensing, Reprints, & Permissions, Privacy Policy.

Advertise | Newsletters | Tech Jobs | Shopping | E-mail Offers