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	<title>Comments on: When is Open Source not Open Source?</title>
	<atom:link href="http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/</link>
	<description>Thoughts, musings, and rants by Karl Fogel</description>
	<pubDate>Fri, 05 Dec 2008 09:22:14 +0000</pubDate>
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		<title>By: Me The Geek &#187; Blog Archive &#187; Yahoo pays 350000000 US Dollars for Zimbra</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-4042</link>
		<dc:creator>Me The Geek &#187; Blog Archive &#187; Yahoo pays 350000000 US Dollars for Zimbra</dc:creator>
		<pubDate>Mon, 17 Sep 2007 21:42:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-4042</guid>
		<description>[...] Most reporters are getting one thing wrong though. Two of my favorite blogs (TechCrunch and Read/WriteWeb) incorrectly call Zimbra Open Source. [...]</description>
		<content:encoded><![CDATA[<p>[...] Most reporters are getting one thing wrong though. Two of my favorite blogs (TechCrunch and Read/WriteWeb) incorrectly call Zimbra Open Source. [...]</p>
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		<title>By: Karl Fogel</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2471</link>
		<dc:creator>Karl Fogel</dc:creator>
		<pubDate>Sat, 30 Jun 2007 03:00:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2471</guid>
		<description>Mikala,

I couldn't quite tell if your comment was meant seriously or as parody :-).  In case it was serious, here's a response:

I don't agree, either about venture-capitalized firms or about Republicans (at least the ones I know).  Other VC-funded companies have behaved scrupulously, both in labeling and managing their open source projects; there's no reason Zimbra couldn't do it too.  

In fact, the term "open source" and the &lt;a href="http://opensource.org/" rel="nofollow"&gt;Open Source Initiative&lt;/a&gt; were founded partly to make free software &lt;em&gt;more&lt;/em&gt; palatable to businesses (although there's nothing inherently anti-business about the term "free software" either, and the &lt;a href="http://www.fsf.org/" rel="nofollow"&gt;Free Software Foundation&lt;/a&gt; is not anti-business or anti-money).  Maybe the movement&#160;&#8212;&#160;and I do think it's basically one movement, not two&#160;&#8212;&#160;is in some sense anti-establishment, for a certain definition of "establishment", but that's not the same as being anti-business / anti-market / anti-money.

Sure, it's about community, among other things, but open source software also depends on corporate money, both private (VC) and publicly-traded.  Much Linux kernel development is paid for by for-profit companies, acting in their own interests; &lt;a href="http://www.openoffice.org/" rel="nofollow"&gt;OpenOffice.org&lt;/a&gt; is pretty much entirely funded by &lt;a href="http://www.sun.com/" rel="nofollow"&gt;Sun&lt;/a&gt;; a ton of &lt;a href="http://en.wikipedia.org/wiki/X_Window_System" rel="nofollow"&gt;X Windows development&lt;/a&gt; is subsidized by corporations; &lt;a href="http://code.google.com/" rel="nofollow"&gt;Google&lt;/a&gt; both funds and releases a lot of open source software; the project I work on, &lt;a href="http://subversion.tigris.org/" rel="nofollow"&gt;Subversion&lt;/a&gt;, was started by and still receives significant development funding from &lt;a href="http://www.collab.net/" rel="nofollow"&gt;CollabNet&lt;/a&gt;... Open source software would not be where it is today, nor would it be maintainable, without corporate resources.  Actually, it's been like that for a long time, it's just that many users don't realize it, I think.

So be anti-corporate, if you want, but don't fool yourself: this wouldn't be happening with purely volunteer labor.  We left that world long ago.

I do run Debian GNU/Linux on my machines, by the way.

-Karl</description>
		<content:encoded><![CDATA[<p>Mikala,</p>
<p>I couldn&#8217;t quite tell if your comment was meant seriously or as parody :-).  In case it was serious, here&#8217;s a response:</p>
<p>I don&#8217;t agree, either about venture-capitalized firms or about Republicans (at least the ones I know).  Other VC-funded companies have behaved scrupulously, both in labeling and managing their open source projects; there&#8217;s no reason Zimbra couldn&#8217;t do it too.  </p>
<p>In fact, the term &#8220;open source&#8221; and the <a href="http://opensource.org/" rel="nofollow">Open Source Initiative</a> were founded partly to make free software <em>more</em> palatable to businesses (although there&#8217;s nothing inherently anti-business about the term &#8220;free software&#8221; either, and the <a href="http://www.fsf.org/" rel="nofollow">Free Software Foundation</a> is not anti-business or anti-money).  Maybe the movement&nbsp;&mdash;&nbsp;and I do think it&#8217;s basically one movement, not two&nbsp;&mdash;&nbsp;is in some sense anti-establishment, for a certain definition of &#8220;establishment&#8221;, but that&#8217;s not the same as being anti-business / anti-market / anti-money.</p>
<p>Sure, it&#8217;s about community, among other things, but open source software also depends on corporate money, both private (VC) and publicly-traded.  Much Linux kernel development is paid for by for-profit companies, acting in their own interests; <a href="http://www.openoffice.org/" rel="nofollow">OpenOffice.org</a> is pretty much entirely funded by <a href="http://www.sun.com/" rel="nofollow">Sun</a>; a ton of <a href="http://en.wikipedia.org/wiki/X_Window_System" rel="nofollow">X Windows development</a> is subsidized by corporations; <a href="http://code.google.com/" rel="nofollow">Google</a> both funds and releases a lot of open source software; the project I work on, <a href="http://subversion.tigris.org/" rel="nofollow">Subversion</a>, was started by and still receives significant development funding from <a href="http://www.collab.net/" rel="nofollow">CollabNet</a>&#8230; Open source software would not be where it is today, nor would it be maintainable, without corporate resources.  Actually, it&#8217;s been like that for a long time, it&#8217;s just that many users don&#8217;t realize it, I think.</p>
<p>So be anti-corporate, if you want, but don&#8217;t fool yourself: this wouldn&#8217;t be happening with purely volunteer labor.  We left that world long ago.</p>
<p>I do run Debian GNU/Linux on my machines, by the way.</p>
<p>-Karl</p>
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		<title>By: Interprete &#187; Minimizing Lingusitic Drift for the Sake of Political Clarity and Integrity</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2445</link>
		<dc:creator>Interprete &#187; Minimizing Lingusitic Drift for the Sake of Political Clarity and Integrity</dc:creator>
		<pubDate>Thu, 28 Jun 2007 14:43:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2445</guid>
		<description>[...] blogs entries that comes from traveling for well over a month and today I read one in particular When is Open Source not Open Source? that captivated my interest for it compellingly addresses the dangers that follow from diluting, or [...]</description>
		<content:encoded><![CDATA[<p>[...] blogs entries that comes from traveling for well over a month and today I read one in particular When is Open Source not Open Source? that captivated my interest for it compellingly addresses the dangers that follow from diluting, or [...]</p>
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		<title>By: Mikala Bolsam</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2427</link>
		<dc:creator>Mikala Bolsam</dc:creator>
		<pubDate>Wed, 27 Jun 2007 17:24:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2427</guid>
		<description>The biggest problem with Zimbra is that its venture funded. This movement was all about anti-establishment and community. But the republicans are here to pillage the movement for capital gains ... I am not a fan of any company that has green as its god. This movement is about the people and was created to fight the good war against the money hungry capitalists who sell what should be free. And now, all I see are company's who are using the movement against itself. Shame on us for letting them. Choose Debian!</description>
		<content:encoded><![CDATA[<p>The biggest problem with Zimbra is that its venture funded. This movement was all about anti-establishment and community. But the republicans are here to pillage the movement for capital gains &#8230; I am not a fan of any company that has green as its god. This movement is about the people and was created to fight the good war against the money hungry capitalists who sell what should be free. And now, all I see are company&#8217;s who are using the movement against itself. Shame on us for letting them. Choose Debian!</p>
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		<title>By: Karl Fogel</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2420</link>
		<dc:creator>Karl Fogel</dc:creator>
		<pubDate>Wed, 27 Jun 2007 08:17:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2420</guid>
		<description>Michael,

Glad to help.  I think it's really important that people understand why this is not just some abstract issue, that these licenses are not open source in day-to-day practice as well as in theory.

(Though I have a lot of sympathy for the businesses... What they're doing is more ascribable to wishful thinking than to malice.)</description>
		<content:encoded><![CDATA[<p>Michael,</p>
<p>Glad to help.  I think it&#8217;s really important that people understand why this is not just some abstract issue, that these licenses are not open source in day-to-day practice as well as in theory.</p>
<p>(Though I have a lot of sympathy for the businesses&#8230; What they&#8217;re doing is more ascribable to wishful thinking than to malice.)</p>
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		<title>By: Karl Fogel</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2419</link>
		<dc:creator>Karl Fogel</dc:creator>
		<pubDate>Wed, 27 Jun 2007 08:07:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2419</guid>
		<description>Well, here's one way to look at it: the GPL is completely contagious, so the requirement is that the program inform the user of something that is 100% true&#160;&#8212;&#160;something that is as true for that user and that instance of the program as it is for anyone else and any other instance.  On the other hand, the Zimbra requirement is less true the more diverged the derivative work is, yet the notice requirement has no provision for adjustment to meet this reality.  As long as any non-trivial amount of the original Zimbra code remains in the product, you have to continue saying "Zimbra powered".</description>
		<content:encoded><![CDATA[<p>Well, here&#8217;s one way to look at it: the GPL is completely contagious, so the requirement is that the program inform the user of something that is 100% true&nbsp;&mdash;&nbsp;something that is as true for that user and that instance of the program as it is for anyone else and any other instance.  On the other hand, the Zimbra requirement is less true the more diverged the derivative work is, yet the notice requirement has no provision for adjustment to meet this reality.  As long as any non-trivial amount of the original Zimbra code remains in the product, you have to continue saying &#8220;Zimbra powered&#8221;.</p>
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		<title>By: David Carlton</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2415</link>
		<dc:creator>David Carlton</dc:creator>
		<pubDate>Wed, 27 Jun 2007 05:41:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2415</guid>
		<description>Nah, it's still there in v3:

&lt;blockquote&gt;d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.&lt;/blockquote&gt;

The definition of "Appropriate Legal Notices" is higher up, but it's basically the same thing, except you can put it in a menu item instead of in your startup screen.  Which, now that I think about it, isn't so bad, actually: the front-and-center nature is one of the main things that annoys me about the original text.  So maybe I'm happy enough with the GPL v3 version.

I won't argue that either version is as bad as the Zimbra license (or, to mention one of my pet peeves, the GFDL, which is worse in some ways than the Zimbra license), but I'm not convinced that mentioning the GPL is a neutral statement, either.   (Factual, sure, but I'm not sure the Zimbra requirement isn't factual.)  Having said that, I'm having a hard time coming up with a coherent explanation of my doubts on the subject; I guess I have this feeling that the FSF is making users aware of their rights in this manner for political reasons, and that there's a bit of FSF advertising in forcing programs to make visible the GPL; given that, "neutral" doesn't seem like quite the right phrase to use.  Not that there's necessarily anything wrong with being non-neutral - I'm not neutral about quite a lot of things!</description>
		<content:encoded><![CDATA[<p>Nah, it&#8217;s still there in v3:</p>
<blockquote><p>d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.</p></blockquote>
<p>The definition of &#8220;Appropriate Legal Notices&#8221; is higher up, but it&#8217;s basically the same thing, except you can put it in a menu item instead of in your startup screen.  Which, now that I think about it, isn&#8217;t so bad, actually: the front-and-center nature is one of the main things that annoys me about the original text.  So maybe I&#8217;m happy enough with the GPL v3 version.</p>
<p>I won&#8217;t argue that either version is as bad as the Zimbra license (or, to mention one of my pet peeves, the GFDL, which is worse in some ways than the Zimbra license), but I&#8217;m not convinced that mentioning the GPL is a neutral statement, either.   (Factual, sure, but I&#8217;m not sure the Zimbra requirement isn&#8217;t factual.)  Having said that, I&#8217;m having a hard time coming up with a coherent explanation of my doubts on the subject; I guess I have this feeling that the FSF is making users aware of their rights in this manner for political reasons, and that there&#8217;s a bit of FSF advertising in forcing programs to make visible the GPL; given that, &#8220;neutral&#8221; doesn&#8217;t seem like quite the right phrase to use.  Not that there&#8217;s necessarily anything wrong with being non-neutral - I&#8217;m not neutral about quite a lot of things!</p>
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		<title>By: Michael Tiemann</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2412</link>
		<dc:creator>Michael Tiemann</dc:creator>
		<pubDate>Wed, 27 Jun 2007 02:03:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2412</guid>
		<description>Karl,

Well said!  Your post saves me the trouble of writing up a similar line of explanation on my own blog.  Thanks!</description>
		<content:encoded><![CDATA[<p>Karl,</p>
<p>Well said!  Your post saves me the trouble of writing up a similar line of explanation on my own blog.  Thanks!</p>
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		<title>By: Karl Fogel</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2410</link>
		<dc:creator>Karl Fogel</dc:creator>
		<pubDate>Wed, 27 Jun 2007 01:30:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2410</guid>
		<description>That's an excellent point, and I agree with you about not being too fond of that part of the GPL.  However, there is a significant difference here: the GPL's version does not discriminate for or against any particular party, it merely requires that the interactive interface, if any, be used to tell the user that this is free software and that it comes with no warranty (for those not familiar with this field, "free software" &lt;a href="http://producingoss.com/en/introduction.html#free-vs-open-source" rel="nofollow"&gt;means the same thing as&lt;/a&gt; "open source").

It's one thing for your fork to be forced to announce that it, too, is or contains free software; that is a neutral, factual statement.  It's quite another for your fork to be forced to advertise for its competitors.  Because the latter is so damaging to the credibility and viability of any fork, I think in practical terms it's a much more severe restriction on freedom.

(I hope the &lt;a href="http://gplv3.fsf.org/" rel="nofollow"&gt;GPL&#160;v3&lt;/a&gt; has done away with this notification clause, though haven't yet checked to see.)</description>
		<content:encoded><![CDATA[<p>That&#8217;s an excellent point, and I agree with you about not being too fond of that part of the GPL.  However, there is a significant difference here: the GPL&#8217;s version does not discriminate for or against any particular party, it merely requires that the interactive interface, if any, be used to tell the user that this is free software and that it comes with no warranty (for those not familiar with this field, &#8220;free software&#8221; <a href="http://producingoss.com/en/introduction.html#free-vs-open-source" rel="nofollow">means the same thing as</a> &#8220;open source&#8221;).</p>
<p>It&#8217;s one thing for your fork to be forced to announce that it, too, is or contains free software; that is a neutral, factual statement.  It&#8217;s quite another for your fork to be forced to advertise for its competitors.  Because the latter is so damaging to the credibility and viability of any fork, I think in practical terms it&#8217;s a much more severe restriction on freedom.</p>
<p>(I hope the <a href="http://gplv3.fsf.org/" rel="nofollow">GPL&nbsp;v3</a> has done away with this notification clause, though haven&#8217;t yet checked to see.)</p>
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		<title>By: David Carlton</title>
		<link>http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2409</link>
		<dc:creator>David Carlton</dc:creator>
		<pubDate>Wed, 27 Jun 2007 01:11:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.rants.org/2007/06/26/when-is-open-source-not-open-source/#comment-2409</guid>
		<description>That clause seems to me to be not entirely dissimilar to this bit from the GPL:

&lt;blockquote&gt; c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)&lt;/blockquote&gt;

The GPL version doesn't suffer from all of the flaws of the Zimbra license, but it's not clear to me that some of your arguments (freedom to fork, advertising) don't apply here too.

(That has, incidentally, never been one of my favorite parts of the GPL...)</description>
		<content:encoded><![CDATA[<p>That clause seems to me to be not entirely dissimilar to this bit from the GPL:</p>
<blockquote><p> c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)</p></blockquote>
<p>The GPL version doesn&#8217;t suffer from all of the flaws of the Zimbra license, but it&#8217;s not clear to me that some of your arguments (freedom to fork, advertising) don&#8217;t apply here too.</p>
<p>(That has, incidentally, never been one of my favorite parts of the GPL&#8230;)</p>
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