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The Google Effect

Sitting in the inaugual eTel Conference, musing on the way Yahoo! employees sound when commenting in public about (or even anywhere near to) Google these days...very defensive. "We're bigger" seems to be one of the main messages...which frankly isn't compelling (especially if you live in the San Francisco Bay Area, where MiniCooper ads have informed us fully that "Small is Beautiful". We love small and independent. Its not cool to go to Starbuck's when we have Peet's and Muddy Waters...Its not cool to go to Home Depot when we have Cole's Hardware and Cliff's Variety....)

So, What's Up with the Yahoo! folks? IMHO, they should welcome the competition and use it to get stronger. Healthy competition and diversity makes for healthy markets. Stop being so darned defensive and focus on just being great!

More from GPLv3 Conference

Yesterday afternoon and all day today spent in "Committees" discussing the GPLv3 and the process we're pursuing to comment on the draft.

Here's some more about committee structure. Membership is invitational and committees won't grow bigger forever, since they are expected to do real work.

"A" committee is large foundations and communities using the GPL or not (Looking around the room I see members of Perl Foundation, Apache Software Foundation, Debian.org...and some interesting choices like Google and Yahoo!), Eben Moglen and Richard Fontana will take turns being facilitator for this group. This group had a special visitor Jesus Villasante on the first day.

"B" committee is corporate and patent interests...(IBM, Sun, HP, Intel, Nokia, Motorola, MySQL, Trolltech) Eben Moglend is the facilitator.

"C" committee is lawyers and lawfirms, both public and private...(I saw Larry Rosen, Dianne Pederson from OSDL, Mark Radcliffe from DLA/Piper Grey Cary and others) Richard Fontana facilitator.

"D" committee contains a number of distinguished hackers (sorry, didn't look too hard), Dave Turner facilitator.

First discussion in all cases was about who would chair report out (and what those duties would be).

Big topics of discussion will probably not be a big surprise...the new provisions such as DRM, patent provisions, the term "propagation" and other changes are all drawing commentaries. We've heard that there were 200 public comments in the GPLv3 system on the first day, so the committees will have their work cut out for them! Back to work, now :-).

GPL v3 Launch Conference

GPL v3 Launch Conference
Originally uploaded by webmink.

Pic snapped by Simon Phipps (sitting next to me) at while Richard Stallman launches GPLv3 Conference in January 2006

Notes from GPLv3 Conference

DMC - Copy/pasted latest version of the Notes Simon and I made from his blog as he's been doing typo corrections in real time.

Using the miracle that is SubEthaEdit, Danese Cooper and Simon Phipps collaborated to produce the notes below during this morning's plenary session at the GPL v3 conference here in Cambridge, MA during the launch of the draft of GPL v3. Apologies for any errors - let one of us know what we got wrong.

Update: Fixed a number of typos and non-critical stuff in the Q and A.

Notes on Eben Moglen's presentation discussing GPL v3

• Instead of distribution, used "to propagate" - trigger not in any existing copyright statute.
• New language to tackle DRM - complete corresponding sourcecode also includes any encryption or authorization codes necessary to install or execute the source code of the work, Eben calls this "plays all the same movies"
• New "system library exception" - handled in a "special restriction" - aimed to clarify that many previously disputed combinations of code were actually within the spirit of the GPL.
• Patent Peace - no private use if you've started patent infringement against anyone within the scope of the license.
• Manifesto down to two paragraphs - includes statements on loss of freedom which may suffer from further interpretation...
• Language to assert that no GPL program can be a "circumvention device" for any other GPL program, by definition. Intent to ensure that the world of GPL cannot be impacted by DMCA & equivalents.
• Emphasised that the new wording seeks to ensure that there is no new exclusion of any "legitimate member of the community"
• Language covering embedded notices (copyright status, attribution, right of warranty). Portions of the work can carry additional terms. Each user interface must include a means to display copyright & warranty statements. One place to set those notifications for "machine readable" methods.
• "Separate works": although they stand separately under other licenses, may be distributed as part of a larger GPL whole. This is a clarity change not substantive change according to Eben.
• Aggregate work concept allows use of software in compilations without triggering GPL by inclusion of extra language.
• New requirement forces physical media availability...'for as long as you offer spare parts or other customer support". Still the option to provide online source as long as it is offered in the same place as the binary. (main change was extension of 3 year obligation)
• Obfuscation not allowed
• Add your terms section - permissions additional to GPL should be "in writing".
• Compatibilities - Apache and others: limited types of additional requirements may be added (add-on clauses permissible)
  
  
  1. 
     to preserve certain notices or author attributions
     
  
  
  2. 
     disclaimer of warrunty (trying to reduce national licenses)
     
  
  
  3. 
     limit use of trademarks and specific names use
     
  
  
  4. 
     allow users to obtain copies of code
     
  
  
  5. 
     allow additional defensive patent retaliation - ASL and EPL meet
     this standard according to Eben.
     
  
  
  
  



• 
  Removal of notices: remote services or patent requirements must be on
  a single aggregated list "unless the work permits distribution under a
  previous version of this license"
  


• 
  60 days notification prior to termination...auto-termination gone
  (justification in prior time was "not enough staff"). Now if you cure
  a "violation" promptly (60 days) and get no additional notification
  you can consider yourself "cured". FSF will continue to do compliance.
  


• 
  Not required to accept the license in order to receive a copy of the
  program (no contract is created, still) 183 contract law schemes in
  the world...can't standardize globally...RMS statement against global
  copyright system. "We use it because its there. BERN + WTO not a good
  thing."
  


• 
  "You are not responsible for enforcing compliance"
  


• 
  When you distribute a covered work, you grant a non-exclusive,
  worldwide and royalty free patent license (no essential claims
  language).
  


• 
  Prescribes what to do to prevent distributors from putting their
  downstream customers in danger from which they themselves are exempt.
  You must cascade protection you have to those receiving source from
  you. Request for help from patent holders and those who care about
  patents to work on this together.
  


• 
  "Patrick Henry provision": If you can't distribute legally due to
  external conditions then you can't do so at all. G-Streamer plug-in
  under X11 license + patents and others (sum effect making it
  non-free). RMS calls the "Liberty or Death" and Eben calls it "Truth
  in Labeling".
  


• 
  Geographical restrictions clause to go, rarely used.
  


• 
  Revision clause of GPL...up to copyright holder to decide w/ each
  version (btw, the software written by Bradley Kuhn's team at SFLC and
  used to support public comments is licensed under GPLv3, so it will be
  the first software to use the license). SFLC will interact with every
  project that requests information. Not coercing anyone to pick it up.
  RMS says projects using earlier GPLs should "take steps to make sure
  they are in a position to move to GPLv3".
  


• 
  Warranty exclusions not in all uppercase anymore. Added separate
  liability disclaimer for safety critical systems...can add warranty
  for a fee.
  


• 
  Hoping to "shorten" the license, length of this preso notwithstanding
  ;-)
  


• 
  Keen to avoid language that deals with disputes that E & R regarded as
  unnecessary.
  


• 
  In the business of giving permission, not constraining outcomes...glad
  its up to the GPL community now :-)
  

RMS closing remarks - United States not optimal venue for some participants so apologizing...

Notes from the subsequent audience Q&A session

Chris DiBona:

Safety clause...are they allowing additional clauses? Possible RTOS problems.

Eben:

No, just outlining risk and need to pay for separate warranty. Andy Wilson: Add-on clauses (compilers for example) - are additional permissions such as those used by Classpath permitted? Eben: yes, they are additional permissions in the scope of section 7.

??1:

Intent behind patent protection language? IBM and Microsoft: Microsoft recieves or authors GPL code and distributes, knowing that it infringes on IBM patent...does Microsoft need to protect me from downstream patent risk?

Eben:

Yes..if you don't have sublicense to protect downstream sublicensees, then you must take other precautions

??1:

Knowledge (of the existence of patent issue) is the key?

Eben:

Yes...we are not asking people to be more diligent in discovery.

??1:

In the event of patent claim unrelated to distributed work?

Eben:

Not involved in this. We will not abate the patent problem until everybody realizes we are all in it together.

Henry Poole:

60 days to cure? What if they were violating 120 days ago?

Eben:

The goal is not to "catch" people who were violating for 5 days, 80 days ago, but have now cured the violation. If you didn't complain within 60 days then they are off the hook if they've cured...the goal is not to give a short statute of limitations, its to close the set of possible claimants. Most problematic situation: someone is distributing a large collection of free software packages and they fix it once we contact them? How do we help them now that they are liable to potentially hundreds of claimants? We used to help them round up all possible claimants but it wasn't workable. Now that class will be closed quickly. Don't believe it will hobble enforcement.

??2:

Compatibility provisions are a good thing. Which licenses remain incompatible? Old BSD or OpenSSL?

RMS:

BSD Advertising clause not allowed. Don't want to make GPL compatible with things we are campaigning against.

Eben:

Goal of permission side is to take existing permissive Free Software licenses and make them compatible. Repugnant terms still not accepted, and there are still a bunch of existing licenses with patent retaliation clauses not compatible with GPLv3. Overbroad retaliation will still be a problem.

Jeremy Allison:

[Call for round of applause as there was no opportunity after the session. Audience responds warmly] DRM provision: with a proprietary chip that runs a particular signed version of GPL'd code...how does the new version compat that?

Eben:

Take an OS (the Hurd) and say you sell boxes that run Hurd from boot if and only if it is a signed copy. Signature codes will have to ship with your distribution. Tommy in his bedroom will be able to sign, boot and run or the distributor will be in violation.

??3:

Promise to protect (warranty)...what is the effect on small developers?

Eben:

If you were relying on a patent license (not normally affecting small developers, but more large businesses). This is spoken to about 8 gentlemen in this room...they know who they are :-) Need to get a little more skin in the patent game.

Yidong Chong:

v2.2 project that hasn't aggregated copyright...do they need to get permission?

Eben:

Each distributor gets to make decision. Up to legal structure of project. SFLC is here to answer those questions.

RMS:

Most projects have no legal structure, so this is a problem, especially if code is licensed as "GPL v2 only" and has not stated "or any later version".

Yidong Chong:

Can you delete the previous version of the license when you implement the new one?

Chris DiBona:

Has a number of developers who work on GCC. Interface with patent covered libraries language makes him worry that GCC changes might not be able to run on Windows or Solaris for instance. Morale difficulties.

Eben:

Which is why we changed the provisions...is it inappropriate to link GCC? v2.2 didn't make it clear (although Eben & Richard believed it was clear), FSF thinks it should be permitted explicitly, hence the clearer OS exception.

Chris DiBona:

Looked like it said if a patent license is required, then you can't link. When someone uses licensed interface (Bruce Perens: TCPA)

Eben:

There is a problem. Not acceptable to put patented enhancements in userland. Patent claims that read on general interfaces are not an issue...OpenSolaris example therefore not a problem, but there are some similar sitations that might be a problem.

Warren Togami:

What about cases where binaries are signed for authentication rather than for restriction of use?

Eben:

In general, if the user has control of the keys then you are okay...its when you take away control from the user that incompatibility happens.

WT:

So what if its a "one-time key"?

Eben:

Yes that would work as long as the user can control

RMS:

Please submit as a comment, it seems to need clarification.

Lost in Space - Tunis

Okay, so I flew to Tunisia in a fabulous private jet in November for WSIS, and it was really an experience. I had planned to spend 3 days meeting that diverse community and then planned to go on to the next thing (which was some time in Morocco for OSI)...but my body had other plans.

Emergency Appendectomy in Tunisia, oh my!

Woke up at 3:00am local time and something was seriously wrong, but I thought it might get better. I actually waited until 6:00am before I called the hotel doctor, who turned out to also be the British Embassy doctor. Very nice man. Told me I needed an ambulance and called for one. Then the hotel manager showed up to camp out in my room while we waited for the ambulance (which took a couple of hours). What they don't tell you when you're waiting for the ambulance to come is that its required by law to take you to the nearest public hospital. There you will be seriously frightened. I was carried through a maze of construction (sawing, hammering, paint being applied to walls walls of visquene and open windows...and flies) and then past the "waiting room" where I caught sight from my gurney of lots of people, many with obviously broken limbs or hands pressed against open wounds bleeding on the floor while they silently waited their turn. I was wheeled immediately into an examination space, a curtained-off cubicle against a wall, and followed in by two doctors who called in five or six "student doctors" to assess my situation. They all took turns thumping on my belly (ouch) and then turned around and said, "We'll have to operate!". Lucky for me, one of my colleagues from Intel met us at the public hospital and immediately started arguing on my behalf. I am so grateful to her, because I was just then realizing how ineffective I was to advocate for myself while strapped to a gurney and an IV.

Fifteen minutes later I was back in the ambulance and headed to Clinique de la Soukra, a private clinic. It wasn't the one I'd asked to go to (on advice of that British Embassy doctor), but my Intel colleague was pretty sure it was where I wanted to be. The doctors were really patient with me and answered my questions (in French) and instead of just prodding my belly they actually ran tests. MRI, Sonogram, Chest X-Ray and several fluids tests later...they recommended an appendectomy! So, same outcome but at least I felt the diagnosis had been reasonably confirmed.

By now I was starting to feel some serious pain, and I had a pretty nasty fever too. I should mention at this point that I have a very high pain threshold. They asked me if it hurt, and I said, "More than when I gave birth at home!". I also had acquired two new Intel helpers. It was my good fortune that there were 80 Intel folks in Tunis for WSIS. One of my colleagues, June, took over the task of speaking with International SOS (the medical insurance firm that covers Intel employees when they travel) and the other one, Ben, helped me speak to the clinic staff. I actually speak French and even a little Maghrebi Arabic picked up during my Peace Corps days in Morocco...but it does take more energy than speaking my native tongue and as I was feeling less and less comfortable it was nice to have these good people looking out for me.

Now the question was, "In what country do you want your appendix removed?". I had the option of flying anywhere in Europe, thanks to a good friend who offered me use of his private jet (and the willingness of the British Embassy doctor to fly with me)...but as I say I was getting much more uncomfortable by now and was pretty worried about flying in this condition. Problem was that SOS couldn't decide about approving the level of care I would receive at the Private Clinic. They wanted me in Rome or London. I called a couple of chums in London to ask their opinion. Ben Laurie said he'd sooner do it in London, but Simon Phipps had the good sense to check the International SOS website (which I couldn't do from the private clinic...alas, no Internet :-() and found out that in Tunis a private clinic would probably provide a high level of care. Not sure why the folks on the phone from SOS didn't know this, but it gave us some help deciding. Then we found out that Clinique de la Soukra has some sort of UN Certification. That convinced everyone I had a better chance in Tunis, so the plane went back into the hangar.

Now, aside from my husband and Ben and Simon, I'd not called anyone outside of Tunis to let them know what was happening. It was still early in the day in California and I felt like they would just worry and not be able to do anything. My husband had already been up for the whole night discussing options with me...poor man. When I was in the Peace Corps I'd gotten pretty sick at one point and my Mom came to Morocco. She never hesitated, just got on the plane...but I knew it was hard on her. I kept telling myself that appendectomy is a pretty routine proceedure. I'd call her when I woke up and then I'd not be in so much pain and she would be persuaded not to get on a plane.

The operation was pretty quick I believe. When I woke up in post-op they showed me the appendix in a bottle, all tagged and ready to go to the lab to be checked for abnormalities. It was green and swollen and about 4 inches long. I found out later that "normal" appendix is about an inch long. They told me it would have burst if we'd waited much longer. I woke up again in my room with my colleague June sitting on the sofa using her Blackberry to SMS our boss that I was waking up. For the next day I always had someone from Intel with me. Ben actually tried to sleep in the spare bed in my room (which must have been hard to do since I was forced to sleep on my back and probably snored...and also was forced to call a couple of times for a bedpan because they were running fluids through my IV to make sure my kidneys were still happy). He and June deserve some kind of medal for being so helpful.

The operation was done endoscopically, which was pretty slick I thought. Clinique de la Soukra is first an formost a place for plastic surgery, so I have scars that are tiny (three of them, each 5-10mm) and discreet. In contrast my son Adi's traditional appendectomy scar is nearly two inches long and hurt him alot while healing.

By the next morning I was ready to get up and walk to the lou on my own two feet. I discovered I liked standing up better than sitting (less folding of the tummy :-) ). I found that Tunisian hospitals don't bother you every hour to take vitals. For otherwise healthy patients they take them four times a day, and never in the middle of the night...they let you SLEEP! Ben kept remarking how nice the room and the hospital were, "Way better than any hospital I've ever been to in Britan (and he is British!). Also they brought him a nice dinner and both of us a French breakfast of Cafe au Lait and Pain Chocolat. You've gotta love that!

There's more to tell (about how I found out I couldn't leave Tunisia for five days after the surgery and had to hole up in a hotel and how kind the hotel manager was to me...and about how my wonderful foster daughter Zoe was the one who flew to Tunis to help me come home)...but all of that will have to wait for the next post. Reading it all back now even I think its a scary story for people like me who travel for work. I'm just glad it didn't happen somewhere where I don't speak the language. In Tunis I could follow what the doctors were saying and could question them when I didn't understand. When I finally called my Mom after the surgery she said, "Well honey, I used to think you were crazy for doing that Peace Corps thing but maybe you learned Moroccan for a reason"...and then she offered to get on a plane to come rescue me :-).