Page 1 of 2

I lost a lot of respect for Linus Torvalds.

Posted: Tue Jul 10, 2007 6:26 pm
by greggh
I always thought Linus was wrong in his assessment of the merits of the GPLv3. But I never thought he was a stupid man. Now I think he's a stupid man.

http://www.informationweek.com/blog/mai ... tor_c.html
He accused the Free Software Foundation leadership, which includes eccentric, MIT-trained computing whiz Richard Stallman, of injecting their personal morality into the laws governing open source software with the release of GPLv3. "Only religious fanatics and totalitarian states equate 'morality' with 'legality,' " Torvalds wrote.
Where does he think laws spring from? Out of thin air? :roll: Laws have always been society's attempt to clearly codify the morality that prevails at that point in time.
"There's tons of examples of that from human history. The ruler is not just a king, he's a God, so disagreeing with him is immoral, but it's also illegal, and you can get your head cut off," Torvalds continued, in a posting dated June 20.
This is his ham handed attack at Stallman. I guess Linus never heard that the process of revising the draft for the GPLv3 was wide open for all to comment on and many revisions and compromises were made aa a result of that process. So once again, stupid, or worse, dishonest.
Torvalds added that software developers that adopt GPLv3 "in the name of freedom, while you're at the same time trying to argue that I don't have the 'freedom' to make my own choice" are "hypocritical."
Just who the hell is saying that Linus doesn't have the right to make his own choice regarding GPLv3? Linus, you want to keep the kernel GPLv2, go right ahead, who's stopping you?

Here's another quote from Linus regarding the evils GPLv3...

http://blogs.zdnet.com/open-source/?p=1200
In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do. I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I’m their legal guardian), but the point is that this is not about “legality”, this is about “morality”. The GPLv3 doesn’t match what I think is morally where I want to be. I think it *is* ok to control peoples hardware. I do it myself.
For someone who I used to think was a pretty bright guy this is one of the dumbest analogies in comparing software providers attempting to control and restrict their customers/users to parents trying to restrict their kids, that I've ever seen. The GPLv3 does not hinder anyone's ability to make changes to the software to restrict users on their own computers, you just wouldn't be able to redistribute it afterward. If a company wanted to modify GPLv3 code to restrict their employees or even add DRM they would be free to do so for internal use on their computers. Is Linus's vision of the future of computing one that entails a world where users of software are treated like the children he talks about, and are restricted from using their own computers because the software providers think this is all they should be allowed to do? That's a great vision Linus has there. Again, he's stupid or deliberately disingenuous.

Posted: Tue Jul 10, 2007 6:58 pm
by Chess
Wow. Thanks for the heads up on this -- I had not seen this article.

There are some pretty good comments on both sides to the InformationWeek article -- definitely check them out.

It has always seemed to me that Linus is fundamentally not on the same page as the FSF. I have read many times that there is some real angst between him and RMS, and this GPLv3 has just exacerbated those sore spots.

I also think it's interesting that some people get upset when the FSF uses strong language but Linus calling people "hypocrites" and the equivalent of "religious fanatics" is OK. Go figure.

Regardless, it is quite unfortunate that the GPLv3 has caused so much tension and "taking sides" within the community.

Re: I lost a lot of respect for Linus Torvalds.

Posted: Tue Jul 10, 2007 7:46 pm
by Tsuroerusu
greggh wrote:
"There's tons of examples of that from human history. The ruler is not just a king, he's a God, so disagreeing with him is immoral, but it's also illegal, and you can get your head cut off," Torvalds continued, in a posting dated June 20.
This is his ham handed attack at Stallman. I guess Linus never heard that the process of revising the draft for the GPLv3 was wide open for all to comment on and many revisions and compromises were made aa a result of that process. So once again, stupid, or worse, dishonest.
My sentiment exactly!
Seriously, has Linus been living under a rock or something? All he's been doing is cursing left and right about GPLv3 and the FSF, and neither he or his kernel buddies has participated in a process that I'm sure the FSF would gladly have let them be a part of. Heck, the FSF had IBM, Sun, HP and EVEN REPRESENTATIVES FROM APPLE (I checked the list, there was a couple of guys from f!cking Apple on there!!) on the discussion committees for GPLv3!
Let's see, IBM and HP both make proprietary UNIX OSes, Sun has now freed up large parts of Solaris, and done a huge amount of other contributions to free software, but still have a bunch of proprietary stuff going on. And people say the FSF aren't pragmatic, what do call this! Do you think RMS had all these guys be on the discussion committees because he wanted to! I seriously doubt the Linux kernel developers couldn't have been a part of this process as well.
I have been using GNU/Linux since June of 2004, and not once in this time frame have I heard, or heard of, Richard Stallman attack somebody like Linus did, I have heard RMS sound arrogant, and make some edgy jokes (Mostly to demonstrate a point of his), but never anything close to this.
I know of two hosts of a certain "Linux podcast" who also ought to just keep their mouth shut, and participate in the process instead of whining and moaning.

greggh wrote:
Torvalds added that software developers that adopt GPLv3 "in the name of freedom, while you're at the same time trying to argue that I don't have the 'freedom' to make my own choice" are "hypocritical."
Just who the hell is saying that Linus doesn't have the right to make his own choice regarding GPLv3? Linus, you want to keep the kernel GPLv2, go right ahead, who's stopping you?

Here's another quote from Linus regarding the evils GPLv3...

http://blogs.zdnet.com/open-source/?p=1200
In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do. I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I’m their legal guardian), but the point is that this is not about “legality”, this is about “morality”. The GPLv3 doesn’t match what I think is morally where I want to be. I think it *is* ok to control peoples hardware. I do it myself.
For someone who I used to think was a pretty bright guy this is one of the dumbest analogies in comparing software providers attempting to control and restrict their customers/users to parents trying to restrict their kids, that I've ever seen. The GPLv3 does not hinder anyone's ability to make changes to the software to restrict users on their own computers, you just wouldn't be able to redistribute it afterward. If a company wanted to modify GPLv3 code to restrict their employees or even add DRM they would be free to do so for internal use on their computers. Is Linus's vision of the future of computing one that entails a world where users of software are treated like the children he talks about, and are restricted from using their own computers because the software providers think this is all they should be allowed to do? That's a great vision Linus has there. Again, he's stupid or deliberately disingenuous.
And just to add to that, GPLv3's anti-Tivoization provision only covers devices that would directly affect average citizens like your or me (Like media centers or doorknobs), it goes like this:
A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
To begin with, none of this affects internal usage in companies, even if this anti-Tivoization provision was overall, and not just "User Products", no company would be forbidden to lock their corporate workstations down.


Chess wrote:It has always seemed to me that Linus is fundamentally not on the same page as the FSF. I have read many times that there is some real angst between him and RMS, and this GPLv3 has just exacerbated those sore spots.
I recently read a thread on the LKML, and Linus tried to argue that the purpose of GPLv2 had changed since it was written. What is he smoking! The purpose of GPLv2 is described directly in it's preamble, and it's been like that for freaking 16 years!!!
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
Chess wrote:I also think it's interesting that some people get upset when the FSF uses strong language but Linus calling people "hypocrites" and the equivalent of "religious fanatics" is OK. Go figure.
And even that, I havn't heard the FSF use strong language to deliberately offend somebody. This reminds of when a younger sister mistreats their older siblings and then the parents just giggle and say "Come on you're the oldest!", what bullsh!t man!

Chess wrote:Regardless, it is quite unfortunate that the GPLv3 has caused so much tension and "taking sides" within the community.
Well, I partly thank Linus for that, his outbursts on mailinglists and Groklaw has done nothing but spread FUD and raise tensions.

Re: I lost a lot of respect for Linus Torvalds.

Posted: Tue Jul 10, 2007 10:26 pm
by Vogateer
greggh wrote:
He accused the Free Software Foundation leadership, which includes eccentric, MIT-trained computing whiz Richard Stallman, of injecting their personal morality into the laws governing open source software with the release of GPLv3. "Only religious fanatics and totalitarian states equate 'morality' with 'legality,' " Torvalds wrote.
Where does he think laws spring from? Out of thin air? :roll: Laws have always been society's attempt to clearly codify the morality that prevails at that point in time.
Well, the laws typically stem from morality, but the rule of law, as necessary and as wonderful as I believe it to be, doesn't really get that close to morality in my book. It does provide what are supposed to be predictable and equally-applicable rules, which is much better than the alternative of the rule of man. In this case I have to agree with Torvalds.
greggh wrote:
"There's tons of examples of that from human history. The ruler is not just a king, he's a God, so disagreeing with him is immoral, but it's also illegal, and you can get your head cut off," Torvalds continued, in a posting dated June 20.
This is his ham handed attack at Stallman. I guess Linus never heard that the process of revising the draft for the GPLv3 was wide open for all to comment on and many revisions and compromises were made aa a result of that process. So once again, stupid, or worse, dishonest.
Yeah, Torvalds is as subtle as a jackhammer as usual, and talking about beheadings is just silly. This is just his typical rant against Stallman's insistence that non-free software is immoral. Torvalds disagrees, having had no problem using proprietary software like BitKeeper, and likely sees the GPLv3 as Stallman's morality being enforced through the legal system through licensing.
greggh wrote:
Torvalds added that software developers that adopt GPLv3 "in the name of freedom, while you're at the same time trying to argue that I don't have the 'freedom' to make my own choice" are "hypocritical."
Just who the hell is saying that Linus doesn't have the right to make his own choice regarding GPLv3? Linus, you want to keep the kernel GPLv2, go right ahead, who's stopping you?
I'm guessing that the GPLv3 is being brought up to him constantly, despite his statements that he disagrees with it in principle. Obviously nobody can force him, but I imagine he's been the recipient of emails or other communications from people who might like to force him to switch to the GPLv3.
greggh wrote:
In a very real sense, the GPLv3 asks people to do things that I personally would refuse to do. I put Linux on my kids computers, and I limit their ability to upgrade it. Do I have that legal right (I sure do, I’m their legal guardian), but the point is that this is not about “legality”, this is about “morality”. The GPLv3 doesn’t match what I think is morally where I want to be. I think it *is* ok to control peoples hardware. I do it myself.
For someone who I used to think was a pretty bright guy this is one of the dumbest analogies in comparing software providers attempting to control and restrict their customers/users to parents trying to restrict their kids, that I've ever seen. The GPLv3 does not hinder anyone's ability to make changes to the software to restrict users on their own computers, you just wouldn't be able to redistribute it afterward. If a company wanted to modify GPLv3 code to restrict their employees or even add DRM they would be free to do so for internal use on their computers. Is Linus's vision of the future of computing one that entails a world where users of software are treated like the children he talks about, and are restricted from using their own computers because the software providers think this is all they should be allowed to do? That's a great vision Linus has there. Again, he's stupid or deliberately disingenuous.
[/quote]

I honestly haven't sorted this "hardware/software" control out for myself, but this analogy is indeed a poor one. I'm certainly leaning towards the FSF's stance on this idea. Other than that, I think I understand Linus's position, even if he's a jerk about it.

Posted: Wed Jul 11, 2007 8:51 am
by dann
Before we go too far in chastising Linus, make sure you read his exact posting on the
Linux Kernel Archive List:

http://marc.info/?l=linux-kernel&m=118236278730043&w=2

Here is the start of the whole thread:

http://marc.info/?l=linux-kernel&m=118136802216909&w=2


One issue brought up is hypocrisy. While I will not go so far as to attack anyone, I do agree that it is hypocritical to restrict freedom in the name of freedom. I think the term Free Software is misleading; liber-software is a bit better. Free Software implies freedom which is more accurately defined by the BSD license. It's a touchy issue that can be confusing.

Posted: Wed Jul 11, 2007 9:55 am
by Chess
re: restricting freedom in the name of freedom...

We, as a society, do this all the time. For example, here in the U.S. we have a constitutional right to free speech. We're free to say whatever we like. But does that mean we are free to falsely yell fire in a crowded theater? Or that we are free to publish pornography wherever we want? Or that George Carlin can go on the air and say the Seven Dirty Words? No, we cannot because others have the freedom to:

live without fear of imminent lawless action;
live without being visually subjected to pornography without consent; or
allow their children to watch TV or listen to the radio without being subjected to indecent language.

What about the freedom of speech allowing one worker to say racial slurs in the workplace, or to make sexually-charged jokes, as opposed to the freedom of minorities and women to work in a non-hostile work environment?

There are many laws restricting one freedom to promote other freedoms. It happens all the time. We continually balance freedoms since they can be diametrically opposed to one another.

So, I do not believe there is anything hypocritical about it per se. Perhaps in certain contexts it can be used in a hypocritical way, I am not sure. In this case, though, I do not think the FSF is being hypocritical at all. Sure, anyone is free to disagree with their _definition_ of freedom, or with the ends used to justify their means, but it's not hypocrisy. IMHO. :-)

Posted: Wed Jul 11, 2007 10:12 am
by Vogateer
Thanks for that Dann, after I posted I was thinking about how the article almost had the tone of breathless gossip, looking like it took quotes out of context to intentionally get people's blood boiling. One of the great things about the Internet is how easy it can be, at least in this case, to go find the original source.

I'm reminded of a quote from Cardinal Richelieu:
“If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him”

Posted: Wed Jul 11, 2007 10:16 am
by Tsuroerusu
dann wrote:I do agree that it is hypocritical to restrict freedom in the name of freedom.
LOL, Dann now you're turning into Bryan of The Linux Action Show, who apparently havn't read the FSF's definition of "free software", or uses his own whenever he reads the FSF's statements, articles and licenses.

dann wrote:I think the term Free Software is misleading; liber-software is a bit better.
So you think the US constitution is hypocritical? :lol:

Seriously, "free software" is not misleading one bit! The FSF has an extremely clear definition, spanning several pages, of it right here: http://www.gnu.org/philosophy/free-sw.html.

dann wrote:Free Software implies freedom which is more accurately defined by the BSD license.
Yeah, because the ability to take away the freedom of others' is definitely true freedom for everybody!

dann wrote:It's a touchy issue that can be confusing.
To people who don't RTFM, maybe. :twisted:

Posted: Wed Jul 11, 2007 10:54 am
by Vogateer
Troels comes in as cool-headed as usual. :lol:

The start of Linus's post has this:
> >
> > And anybody who thinks others don't have the "right to choice", and then
> > tries to talk about "freedoms" is a damn hypocritical moron.
>
> One might say the same thing about someone who claims not to have a
> moral right to force certain choices on others in some circumstances
> (e.g. when those others have used copyrighted work in a product and
> ought to understand that for some not insignificant portion of the
> copyright holders, the terms implicitly included preserving certain
> "freedoms" for downstream recipients) while reserving a very similar
> moral right with others (e.g. potential murderers, theives,
> tresspassers, distributors of proprietary derived works).
I didn't read the whole thread, but these quotes above put it in perspective for me. That second quote on the mailing thread made statements saying that not choosing the GPLv3 was an immoral choice, basically seeking to take away Linus's ability to choose the GPLv2 without claims of his immorality, which understandably set him off.
Tsuroerusu wrote:
dann wrote: I think the term Free Software is misleading; liber-software is a bit better.
So you think the US constitution is hypocritical? :Laughing:

Seriously, "free software" is not misleading one bit! The FSF has an extremely clear definition, spanning several pages, of it right here: http://www.gnu.org/philosophy/free-sw.html.
He said the term Free Software is misleading, and it is. People confuse it with freeware, which we'd all agree is a very different thing, which is why you always hear other terms like FLOSS and Open Source thrown around.

And now we have a chance for a tangential discussion!

The freedoms of the Constitution should come down to the right to live your life as you please, so long as you don't interfere with others right to do the same, and the corollary of the responsibility to accept the consequences.

It seems a strange thing to me to consider that yelling "Fire" in a crowded theater is a "freedom" (in the political sense) that is taken away. It's not easy to define these terms, but from wikipedia you get a pretty good one: "freedom is defined in terms of interference with the individual pursuit of happiness either by government or other persons, where interference is defined as unreasonably preventing others from realizing their will in their chosen course of action or in their use of things."

Yelling "Fire" obviously is an interference in many individuals pursuit of happiness.

Posted: Wed Jul 11, 2007 11:40 am
by Chess
Vogateer wrote:It seems a strange thing to me to consider that yelling "Fire" in a crowded theater is a "freedom" (in the political sense) that is taken away.
The "falsely shouting fire in a crowded theater" is the famous analogy used by Justice Holmes in a World War I era free speech case Schenck v. U.S. to argue essentially that there is no completely free speech -- "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." In other words, to restrict freedom - in that case, the freedom of speech -- is acceptable in certain situations.

I think the FSF would argue something similar. The freedom to do literally anything with your software -- including the freedom to lock it up or not give back the changes -- is outweighed by the four freedoms, in the same sense that the freedom of speech right to falsely yell fire in a theater is outweighed by the freedom to go to a theater and not face imminent lawlessness.

I think it's perfectly reasonable to debate whether the freedom to do literally anything with your software is indeed outweighed by the four freedoms that FSF describes. That essentially boils down to an understanding of "free software" as defined by the FSF, and, ultimately, turns into a GPL vs. BSD license debate.

But, IMHO, to debate whether it is acceptable to restrict one freedom over another freedom in general is a completely different argument, and one that we, as a society have already decided in the affirmative given my previous examples.

Compare the restricting freedoms vs. a society where you could literally do anything you want: injure somebody, saying whatever you want whenever you want to, taking whatever you want... Nobody would want that kind of society, it would be anarchy. So, that is why we do indeed restrict some freedoms to protect other freedoms all the time.

Posted: Wed Jul 11, 2007 1:30 pm
by Judland
All this talk about the freedom to choose, yet some people aren't happy with Linus' choice so they continue to badger him about it. He's happy with GPL v2 and he has the freedom to use it. Get over it and move on. Too much of our energy is wasted on this crap, in my opinion.

Those that don't like Linus' decision for his kernel are not being forced to use it. They have the freedom to chooose something else. Go use GNU Hurd.

And if GPL v3 makes itself incompatible with GPL v2, (as the thread's author states) then it's hardlythe fault of the Linux kernel developers.

In any case, what the Linux kernel developers decide for their own software should be respected. That's what freedom is all about, in my opinion.

For me, this all falls into the same crap of being forced to call Linux "GNU slash Linux".

Posted: Wed Jul 11, 2007 2:25 pm
by Judland
I am, in no way, an authority on the GPL and all the legal-speak within it. However, when I first read v3, there were some inconspicuous changes in the wording that I made me say "hmmm...."

Just one example, regarding "copying and distributing"

GPLv2 says:
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
GPLv3 says:
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
It's minor and probably doesn't add up to a "hill of beans". However, If I were a software developer, I'd have my reservations.

I'm promoting Linux in the office here, were very few people know about Linux, the GPL, or F/OSS software. In simple terms, these people are used to paying for things like software.

Let's say I wanted to promote Linc's Bashpodder and I was the kind of person that wanted to make a few bucks for my efforts. Under the GPLv2, I might say to my co-workers, "give me a buck or two for my time and a CD and I'll burn you a copy of Bashpodder to take home."

Now, under the GPLv3, I could rightfully say, "Give me $25.00 and I'll sell you a copy of Bashpodder."

See the difference?

Posted: Wed Jul 11, 2007 2:29 pm
by Chess
Judland wrote:Now, under the GPLv3, I could rightfully say, "Give me $25.00 and I'll sell you a copy of Bashpodder."
Putting aside the issues of copyright and trademark, can't you do that with GPLv2? I might be wrong, but I thought _anyone_ could sell GPLv2 software -- it's just that you have to convey the four freedoms along with it.

Posted: Wed Jul 11, 2007 3:08 pm
by Judland
Chess wrote:
Judland wrote:Now, under the GPLv3, I could rightfully say, "Give me $25.00 and I'll sell you a copy of Bashpodder."
Putting aside the issues of copyright and trademark, can't you do that with GPLv2? I might be wrong, but I thought _anyone_ could sell GPLv2 software -- it's just that you have to convey the four freedoms along with it.
Yes, you can. But GPLv2 sends a different message to me.

Anyway, it was just an illustration about how reading the two versions of the GPL make me feel about them (or it).

Posted: Wed Jul 11, 2007 3:20 pm
by Vogateer
Chess wrote:
Vogateer wrote:It seems a strange thing to me to consider that yelling "Fire" in a crowded theater is a "freedom" (in the political sense) that is taken away.
The "falsely shouting fire in a crowded theater" is the famous analogy used by Justice Holmes in a World War I era free speech case Schenck v. U.S. to argue essentially that there is no completely free speech -- "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." In other words, to restrict freedom - in that case, the freedom of speech -- is acceptable in certain situations.
Yes, I remember the original analogy, and it's good to see it quoted with the ever important word falsely. But yeah, even in Holmes's quote, he doesn't refer to "falsely yelling 'fire'" as a freedom that's restricted, I think his point is that such an act has nothing to do with freedom at all, unless you're thinking about the freedom of the theater manager to do things as he pleases being infringed upon.

I simply don't care for the use of the word "free" or "freedom" in this way. One could similarly say that we must take away people's freedom to libel others. Thinking of "falsely yelling 'fire'" and practicing libel as "freedoms" seems to make a mockery of the word.