72 Comments
- Stevo23, on 05/09/2008, -2/+63This case never made any sense to me. They were using GPL software, not including the license or the source code, and then when they got called out on it, they were like, "Oh, well, the GPL isn't valid anyway" ... in which case, they have NO license to use the code to begin with, and they're just in violation of regular old copyright law. Companies are dumb.
- Stonekeeper, on 05/09/2008, -3/+47Awesome! How dare The Man step on the GPL.
"You can take our code, but you cannot take our freeeedommm!!!!!" - jer2eydevil88, on 05/09/2008, -1/+32They used code published under the GPL to make a handset that would work with Skype. Then they denied the validity of the GPL license so they wouldn't have to share the changes to the software they had made. Now they are probably going to just stop selling that handset and pay a boatload of money to the projects contributors.
Idiots. - ssam, on 05/09/2008, -0/+31Follows on from http://digg.com/tech_news/GPL_vs_Skype_Back_in_Cou ...
- jivatmanx, on 05/09/2008, -9/+31***** the RIAA
- scstraus, on 05/09/2008, -3/+25Skype has always been a scummy company destroying any hope for open standards VOIP interoperability on the internet, this just reaffirms what I've always thought of them. I never understood why people were so dazzled by them when there are so many perfectly good open standards competitors now.
- eavesdrop, on 05/09/2008, -3/+22Harald Welte=awesome
- greeniemeani, on 05/09/2008, -6/+23***** the RIAA
- Fratz, on 05/09/2008, -0/+14I think the "hate" is because Skype tried to profit from GPLed code without complying with the license agreement. Regardless of how well their products work, this is not something that they're legally allowed to do.
- Capta1nA, on 05/09/2008, -5/+18***** the RIAA
- ssam, on 05/09/2008, -2/+15its an assignment operator. ie "Harald Welte, you are awesome"
- AzureRise, on 05/09/2008, -1/+14***** that. They can't have either! Unless of course they release all their changes they make under the gpl license :D
- AriaGloris, on 05/09/2008, -4/+16***** the RIAA
- thejynxed, on 05/09/2008, -0/+11There is no legal minefield whatsoever. It's lazy developers not sourcing their code properly. You only have to submit your changes back under the GPL for the changes you made to the GPL'd part of the code, it says nothing whatsoever of sourcing back your proprietary blobs that tie into that code via plugin or whatever, as long as they don't change the GPL'd code. There is nothing against interacting with GPL code from a proprietary source in the license.
For instance:
I write a code framework that will use binary plugins, much like Firefox, Thunderbird, Open Office, etc. and release it under the GPL.
Another coder comes along and writes his own proprietary plugins for that framework, and does a few bug-fixes for the framework itself.
He is required to submit the bugfixes back under GPL, but his own plugins are safe and he does not have to submit the source for those.
I don't see why this is so difficult to understand. Think running nVidia binary blob drivers via the Linux video driver framework...One is GPL (the OS and the video driver framework), the binary blob is not. nVidia doesn't have to release the source for their drivers. However, if they patch the video framework to be more compatible with their drivers, they would have to release those changes under the GPL.
Simple. - greenlight2001, on 05/09/2008, -4/+14C-C-Combo breaker?
- Hangly, on 05/09/2008, -0/+10GPL tested in court, hooray!
- eean, on 05/09/2008, -3/+12Um, what about GPL copyright holders? It's good for us.
- LinuxGalore, on 05/09/2008, -1/+9Skype is a very limited life technology as more and more people buy cheap SIP based VoiP products that work anywhere and any time and don't need skype's servers to manage a connection. If you look at companies that use VoIP 98% of them would be using SIP right now. That mean you have over 400 million users, on SIP compare that to Skypes user base of around 85 million and you start to understand why Skype has limited time left before it goes the way of the dodo.
- AzureRise, on 05/09/2008, -1/+8OpenSource software man, that's a loooooooot of contributors to pay off.
- fullasagoog, on 05/09/2008, -0/+6This is not entirely correct. What you have described is more like the LGPL license. Generally plugins for a framework under GPL (without a specific license exception) must be GPL compatible and GPL if distributed: http://www.gnu.org/licenses/gpl-faq.html#GPLAndPlu ...
- dacheetah, on 05/09/2008, -1/+7***** the RIAA
- PeachCobbler, on 05/09/2008, -0/+6It is retarded what some people try to do in court. This is almost as bad as SCO vs Novell
- dimension128, on 05/09/2008, -1/+7People are dazzled by shiny things. And skype uses a dash of shiny, 1/3 cup of advertisement, and 2-3 tbl spoons of functionality. Something that is $0 down, 0 monthly payments of $0, and 100% functionality is just to healthy.
- whiteguysamurai, on 05/09/2008, -5/+10what did skype do to violate the gpl?
- ssam, on 05/09/2008, -0/+5Are you implying that that they would have done better if they had found some microsoft code on the internet and used that?
If you get any code from anywhere, that you did not write yourself, you can only use it by following the license. If you do not follow the license then you are infringing the copyright of the owner. Now compare the GPL to the windows EULA, and tell me which is easier to understand. - AzureRise, on 05/09/2008, -0/+5Can you list some of them? I don't really use VoIP, but I'm sure many of the guys reading this article would appreciate some open alternatives.
- Peterix, on 05/09/2008, -0/+5It's only a legal minefield when the company DOES bad stuff with the code. They knew what they were doing and thought no one would notice... well, it just doesn't work that way.
- alexforcefive, on 05/09/2008, -0/+5That was kind of the point, yeah
- Atomic1fire, on 05/09/2008, -0/+5Jingle was its name O
- ayeroxor, on 05/09/2008, -3/+8Congratulations! And shame on Skype!
- piratehead, on 05/09/2008, -4/+8Woot.
- AzureRise, on 05/09/2008, -1/+5Have forced sexual relations with the RIAA
- colonelbuckshot, on 05/09/2008, -0/+4I would happily use an open-standards VOIP protocol/software if there was one of Skype's polish and quality.
- jay019, on 05/09/2008, -0/+4> they should run as fast as they can in the opposite direction from GPL'ed code.
or learn how to write their own - bob12321, on 05/09/2008, -0/+4They can release parts of the code and not all the source code they own.
- greenlight2001, on 05/09/2008, -1/+5Maybe that's why I used a question mark?
- dacheetah, on 05/09/2008, -0/+3Would have been if you hit the right reply Button.
- ssam, on 05/10/2008, -0/+3true. LWN is not pretty. but it is one of the best news sites for linux.
- tobyadams, on 05/09/2008, -1/+4the site this story is on is as ugly as sin
- mrsteveman1, on 05/09/2008, -0/+3They obviously didn't want to in this case though. Sure they can keep userspace code closed but on a specialized platform there are bound to be lots of custom chip drivers, and because of the GPL if those drivers run in the kernel they must be released as source, even if the company can't legally give out the source because of license restrictions.
- Dohko_Xar, on 05/09/2008, -0/+3J I N G L E ..
- bob12321, on 05/09/2008, -3/+5If not will your little world come crashing down?
- mrsteveman1, on 05/09/2008, -2/+4The end result may be that this company and others may avoid GPL software in the future even though they could have complied with the license easily.
Thats of course assuming they hadn't made modifications they couldn't legally release as source, like binary drivers some company gave them under contract. - lava, on 05/09/2008, -2/+4"Buried for not using proper comparison.
Correction: Harald Welte == awesome"
what the hell are you talking about? He's not comparing, he's assigning. With your statement, we don't know if he's awesome or not. - AzureRise, on 05/10/2008, -0/+2I know what you meant. And can't stop them? Doesn't look like they're getting away with it.
- raynevandunem, on 05/09/2008, -1/+3Maybe this is a case for Skype ejecting any GPL'ed code from future revisions of the software?
That may be safer for the company, and I'd agree that, like Microsoft, they should have far more restrictive supervision of their code so as to not include or allow any GPL'ed code in the future.
It's already known that no one's holding a gun to coders to license their contributions under the GPL, but if they do license under that license, then they are entitled to put a gun to any proprietary software vendor's head to keep up with the demands of the license. Furthermore, the GPL is a license that is upheld constantly in the U.S. judicial system (and others), and the writers of the GPL have neither no obligation nor made any remote indication to accommodate any software vendor's wishes for a more corporate-friendly license.
So it's the coders' right to license under the GPL, and it is the right of software vendors to avoid the GPL'ed code like the common flu. Why should Skype/Ebay be lazy and give GPL'ed code the time of day if it is a legal minefield for *any* proprietary software developer or vendor?
If Skype had known this before they used the code in their proprietary software, they wouldn't have been embarrassed in court so badly. This whole case was unnecessary and avoidable, as are most GPL violation cases or debacles.
Unless they are willing to make commitments to the software commons, proprietary software vendors should never, ever include GPL'ed code (especially anything from SourceForge) into their products; they should run as fast as they can in the opposite direction from GPL'ed code. - diggnidy, on 05/09/2008, -0/+2***** the RIAA
- ssam, on 05/09/2008, -1/+3because they steal* code. just as bad as stealing* music (by 'steal i mean infringe copyright)
because it is a closed system. you can't create a compatable competitor (compare with SIP, or Jabber)
because it is closed source, who knows what devious things the code is doing (remember the thing with the CPU cheak)
because its a weak centralized system. when the servers go done, you can't talk to your friends - jay019, on 05/09/2008, -0/+2stupid nerds! :P
- n0odles, on 05/09/2008, -2/+4I was just about to get a Skype number and become a paying customer, but then I read this. Thanks Digg for saving me from evil.
/no-sarcasm. -
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