in reply to Re^16: Why non-core CPAN modules can't be used in large corporate environments.
in thread Why non-core CPAN modules can't be used in large corporate environments.

I re-read them. Yes, I still stand by my claim. We may have a different definition about what free software is. To make this discussion easier, maybe it would be worthwhile adopting the FSF definition just so there are no misunderstandings (I don't fully agree with it but agree enough that I can stand by it for the sake of the argument)?

All I have done in this thread is clarify existing facts. If you thought the PAL or the GPL or existing laws say or mean anything different from what I have said I would very much welcome you to tell me where you think I am mistaken. This has nothing to do at all with my or anybody elses attitude towards these licenses, if you receive a piece of software under a specific license you'd better try to understand it and agree with it as it stands (regardless of what you think the author may mean but isn't saying), otherwise ask the author to change the license or don't use the software. I don't understand how you can think that anything I have said calls the basis of these license agreements in question. The basis of these agreements is the authors desire for the software to remain free as per the definition of the license. In order to guarantee this continued freedom under current legislation it is essential that authors remain in possession of the copyright to their work, otherwise the software can and will be made unfree.

I've said this in another post to a subthread branch, maybe you didn't read that, I am personally not at all in favour of the existence of copyright itself. I think the world would be a far better place if copyright and other forms of intellectual property were simply abolished (and I think in the very long run it is inevitable that they will be). But as long as they exist I can not see any other way to maintain essential freedoms than by using the system against itself, as the copyleft licenses do.

Take the (as yet hypothetical) case we are arguing about. A corporate employee takes a piece of free software, removes the copyright and license and integrates the code into his own project. This employee has already shown supreme disregard for the original author's wishes by ignoring the (simple and easy to fulfil) requests in the license statement. Do you think said employee or his company would care if one presented a moral argument telling them that they were not being nice? I doubt that. Luckily there is a bigger stick, which is copyright law and which forces them to comply with the authors wish. Which is why I brought up legal liability (and just to be exact, "sneaking" was a quote from Morons post).

Now, if copyright law did not exist none of this would be an issue, the employee/company could take the code and do with it as they see fit and the author could just take any changes back if he wanted to, no danger to either party. But laws being what they are this one-way street does not work (other than to the detriment of freedom of the software and the original author).

I wonder whether I'm being completely unclear in trying to bring this point across. From your post I get the impression that maybe you think I'm not really in favour of freedom and rather that I want a system whereby an author of an original work should have complete control over how his work is used, who uses it and for what. So to be explicit, I am not in favour of that at all, I think it would be far better if we could share ideas and works indiscriminately and freely. But that ideal world is not here and meanwhile we have to do the best we can. Which is what the various FLOSS licenses are about. Ignoring a part of these licenses willy-nilly endangers their existence, the author and the freedom of his work.

Now, back to the question of logical conclusions. You have presented your view of the legal side of the software world which is that FLOSS licenses are immature and poorly tested and companies cannot rely on them to hold up in court. There is very little evidence to support this view IMO and quite a bit of evidence that suggests otherwise. The GPL has been tried and tested in courts as well as out-of-court settlements. Multi-billion dollar corporations (who have lawyers more versed in this subject than you or I) are betting their businesses on these licenses. As far as software licenses go they're not even that hard to understand by a layman. How can your logical conclusion be that businesses do not know what they are getting themselves into when they are subject to these licenses?

Again, the obligations you incur when using software under a free license are not onerous at all, all you need to do is recognize the freedom of the software and the attribution to the original author. Easily fulfilled, hardly any effort. If you'd rather not make that bit of effort and prefer pay big bucks for unfree software, that's your choice. But I cannot fathom how you can arrive at the conclusion that free software is unsuitable for commercial use. And you should not infer that this free software somehow restrains you from using it in the way you see fit, because that's just not true.


Debugging is twice as hard as writing the code in the first place. Therefore, if you write the code as cleverly as possible, you are, by definition, not smart enough to debug it. -- Brian W. Kernighan
  • Comment on Re^17: Why non-core CPAN modules can't be used in large corporate environments.

Replies are listed 'Best First'.
Re^18: Why non-core CPAN modules can't be used in large corporate environments.
by BrowserUk (Patriarch) on Dec 08, 2005 at 00:24 UTC

    Okay. Since you seem to read your own posts and not see what I see there, and you've brought up the relevant portion of the FSF definition, I'll quote both:

    From your original post:

    And I take it you've discussed licensing with MJD

    From the FSF definition:

    Being free to do these things means (among other things) that you do not have to ask or pay for permission.

    There is the conflict in black and white and no amount of back-peddling on your behalf will change it.

    For all your sentiments towards the ideal of free software, the rest of your words and foundless accusations serve only to deminish and damage the case for it, and increase the insecurity of those attempting to utilise it.


    Examine what is said, not who speaks -- Silence betokens consent -- Love the truth but pardon error.
    Lingua non convalesco, consenesco et abolesco. -- Rule 1 has a caveat! -- Who broke the cabal?
    "Science is about questioning the status quo. Questioning authority".
    In the absence of evidence, opinion is indistinguishable from prejudice.

      Aaah, now I get it. This sub-sentence was in fact specifically aimed at the fact that Devel::Trace does not include a licensing statement. I looked up the package on CPAN, to see who the author was and to see what license he had put it under. I didn't find a license, and given that Moron was talking about a paranoid corporate environment I included the licensing bit in my sentence.

      You can choose not to believe that this is the case (and your reply to AM lower down shows you don't), but you should read my posts again I think. In my reply to stvn I start off by explaining how copyright is automatic and finish the paragraph with "No FLOSS license I know gives up the requirement to name the author and attribute the work correctly."(note, no mention of asking the author for anything). In the fourth paragraph of that mail I talk about the requirements a free software license puts on the user and do not say that they need to contact the author for anything, and I repeat this in the fifth paragraph. In this reply to your post I again explain the moral requirements of the PAL as I understand it (no mention of contacting the author) and then go on to explicitly say "Specifically I never said you need to contact every module author before using or integrating their code". I go on to point out that you are in far greater danger if you take a piece of unlicensed code from Usenet or a colleague than if you take a freely licensed module from CPAN.

      For the sake of being explicit and at the risk of repeating myself: I never claimed and do not hold the opinion that a user of a module with a free software license needs to contact the author for any purpose (except if it's a GPL module and he wishes to relicense it under a different license). It would be quite ridiculous of me to claim that, since the licenses themselves say no such thing and I know of no reasonable supporting argument for such a claim by anyone (including the FSF). It is however required and IMO important that the user retain the license and copyright notice when modifying that module. And this requirement is important enough to sue over it, because without it the whole copyleft scheme falls apart.

      Man, I wish you'd said at the beginning that this was what irked you about my post, we could have saved us a lot of typing (well, I guess you did in a way and I replied, but it was wrapped up in other arguments and we both missed it). But I'm relieved I finally understood this, I just couldn't for the life of me make sense of what you were getting at. And again rereading my posts I can see how you could read that subtext into them (even though it was never there), so I apologise for not being clear enough.

      Also "foundless accusations" is a bit harsh, don't you think? I took pains not to accuse anyone of anything. You may consider my question to be an implicit accusation and I'll have to live with that but that is jumping to conclusions (something you and others have accused me of doing).


      Debugging is twice as hard as writing the code in the first place. Therefore, if you write the code as cleverly as possible, you are, by definition, not smart enough to debug it. -- Brian W. Kernighan
      Haven't we determined that Devel::Trace isn't free software though? There's no statement in the code or the documentation that I can see that allows it to be freely used. That means that the default copyright laws apply, which means no-can-do unless you're claiming fair use or something.

        In that specific instance yes, but triwhan's first statement was made before that had been established by stvn.

        tirwhan can claim that he knew that when he made the statement about that specific piece of code, and everything else he has said in this subthread is aimed only at modules in a similar state of "no licence attached", and I would not be able to dispute it, but that is certainly not the impression I get from reading those posts. Nor does it fit with the tone and phrasing of his subsequent posts.

        Even ignoring the assumptions he made when asking the question, the general feel is that "You cannot use free software without the copyright owners permission--even if thay haven't added an explicit copyright notice". And that absolutely flys in the face of every interpretation I have seen, heard or read of the FSF position.


        Examine what is said, not who speaks -- Silence betokens consent -- Love the truth but pardon error.
        Lingua non convalesco, consenesco et abolesco. -- Rule 1 has a caveat! -- Who broke the cabal?
        "Science is about questioning the status quo. Questioning authority".
        In the absence of evidence, opinion is indistinguishable from prejudice.
Re^18: Why non-core CPAN modules can't be used in large corporate environments.
by Perl Mouse (Chaplain) on Dec 08, 2005 at 01:09 UTC
    Take the (as yet hypothetical) case we are arguing about. A corporate employee takes a piece of free software, removes the copyright and license and integrates the code into his own project. This employee has already shown supreme disregard for the original author's wishes by ignoring the (simple and easy to fulfil) requests in the license statement. Do you think said employee or his company would care if one presented a moral argument telling them that they were not being nice? I doubt that. Luckily there is a bigger stick, which is copyright law and which forces them to comply with the authors wish. Which is why I brought up legal liability (and just to be exact, "sneaking" was a quote from Morons post).
    Actually, most open software licenses, including the GPL, allows you to take someones code, remove the copyright, and incorporate it in your own project.

    Open software licenses put restrictions on the distribution (and legal precedence has established that 'distribution' means 'crossing the company boundary') of software. Open software licenses can't be applied to the situation you describe - they'd only get into effect if the code from that project is sold, or given away.

    Perl --((8:>*

      You're wrong, read section 1 and 2 of the GPL and/or talk to the FSF. If you take a piece of GPL code and copy it into your own project you are modifying the original code. Such modification is only allowed if you retain the license and original copyright notice. This is what this whole subthread is about.

      Removing the copyright is not even permissible under the BSD license, only public domain (arguably) lets you do that.


      Debugging is twice as hard as writing the code in the first place. Therefore, if you write the code as cleverly as possible, you are, by definition, not smart enough to debug it. -- Brian W. Kernighan
      Actually, most open software licenses, including the GPL, allows you to take someones code, remove the copyright, and incorporate it in your own project.
      I'll ignore the subtle legalities (since I'm not a lawyer), but for everyone's sanity, I'd recommend *not* just blindly stripping the license off of code you want to use, even if it will only be used internally. 'Cause it'll only lead to heartache later when a few years down the line someone else wants to distribute that code. He'll assume that the organization owns the code ("Hey, there's no copyright notices! We must have wrote it.") and he won't see that he's got obligations he has to live up to. For a good example of this, see the SCO vs. Linux thing where SCO stripped the BSD license off of some code and later forgot where it came from.