Re: bettering open source involvement

Ted Lemon <mellon@fugue.com> Tue, 02 August 2016 14:47 UTC

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From: Ted Lemon <mellon@fugue.com>
Date: Tue, 2 Aug 2016 10:46:53 -0400
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Subject: Re: bettering open source involvement
To: "Charles Eckel (eckelcu)" <eckelcu@cisco.com>
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The licensing discussion is really a distraction.   The GPL specifically
talks about fair use, and reading GPL code is not going to make you subject
to a lawsuit unless you copy it wholesale and claim ownership of the copy.

That you have seen a piece of GPL'd code that implements an IETF standard
does not mean you can never work on non-GPL software implementing that
standard again, any more than it would be the case that you'd be violating
a textbook author's copyright if you wrote some code based on an
understanding that you'd reached by reading the textbook.   That would make
going to college kind of a waste of time!

The utility of GPL code if you need non-GPL code is obviously an issue;
from that perspective, if somebody in the hackathon is working on GPL code,
and you want non-GPL code, then it would make sense for you to hack on a
different code base.   But this brain taint idea is nonsense, and there's a
lot of case law to back that up.

On Tue, Aug 2, 2016 at 10:37 AM, Charles Eckel (eckelcu) <eckelcu@cisco.com>
wrote:

> On 8/2/16, 2:09 AM, "ietf on behalf of Dave Taht" <ietf-bounces@ietf.org
> on behalf of dave.taht@gmail.com> wrote:
>
>
> >On Tue, Aug 2, 2016 at 1:12 AM, Eggert, Lars <lars@netapp.com> wrote:
> >> Hi,
> >>
> >> On 2016-08-02, at 9:10, Dave Taht <dave.taht@gmail.com> wrote:
> >>> On Mon, Aug 1, 2016 at 4:36 PM, Eggert, Lars <lars@netapp.com> wrote:
> >>>> On 2016-08-01, at 15:44, Livingood, Jason <
> Jason_Livingood@comcast.com> wrote:
> >>>>> What if, in some future state, a given working group had a code
> repository and the working group was chartered not just with developing the
> standards but maintaining implementations of the code?
> >>>>
> >>>> as an addition to developing specs, that might be useful, if the spec
> remains the canonical standards output.
> >>>>
> >>>> "Go read the code" is not a useful answer if the code comes under a
> license (such as GPL) that taints the developer. (This is a major reason
> what we are doing IETF specs for DCTCP and CUBIC - so that they can be
> implemented without needing to read Linux kernel code.)
> >>>
> >>> Only 10 (?) years after full support for cubic entered the linux
> >>> kernel, and 3 after dctcp.
> >>
> >> The Linux community had chosen to actively ignore the IETF for about
> ten years. This only changed relatively recently.
> >
> >As one of the people that have "led" that invasion, I did it in part
> >because I felt that over the past 16 years many standards processes
> >had become equivalent to GIGO, and I still believed in running code
> >and rough consensus, and had nowhere else to go. Finding more ways for
> >all to work together to bring spaceship earth in for a safe landing
> >has always been a goal of mine.
> >
> >> And, FWIW, Hagen & friends' DCTCP implementation for Linux is based on
> the initial versions of our DCTCP I-D, and arguably wouldn't have happened
> without it.
> >>
> >> CUBIC has of course existed in independent implementations before, but
> it is unclear if the BSD licensed ones were actually only done based on
> Injong's paper.
> >
> >And cubic as it exists today in linux has continually evolved. I am
> >very grateful to google in particular for working within the ietf
> >standards process to make sure that many improvements to TCP in
> >general have been made public.
> >
> >>> If you define the efforts of this standards body as one to produce BSD
> >>> licensed code (which is basically the case), it will continue to lag
> >>> behind the bleeding edge and continue to become more and more
> >>> irrelevant.
> >>
> >> I guess we're getting on our soap boxes at this point? :-)
> >
> >Believe it or not I am deeply ambivalent about all the "open source"
> >license schemes. For code critical to public safety and privacy in
> >particular I have called for "public source", and standards for well
> >maintained code,  available for inspection by as many as need to look,
> >under any license, including "kill yourself after reading".
> >
> >We'd discussed this point in a public videoconference (against the
> >backdrop of the vw emissions scandal and the fight with the fcc over
> >the wifi router lockdown) at length, here:
> >
> >https://plus.google.com/107942175615993706558/posts/9may7aHjnqF
> >
> >We can always keep doing stuff like that, engaging more sides in the
> >debates, in the hope that more light than heat emerges. Increasingly
> >governments and regulators want a say.
> >
> >>
> >> But I don't define "the efforts of this standard body" in this way. I
> remain convinced that textual specs are required.
> >
> >Given the complexity collapse and explosion in text size in
> >translating code to spec, and the slow progress by which an rfc can be
> >evolved, updated, or discarded, I am less and less convinced.
> >
> >>Code is a nice addition, but really  only useful if it can be rather
> freely used - which GPL code can't.
> >
> >The LGPL is also out? (I am not being sarcastic, I would merely like
> >the ietf to list their approved licensing schemes)
>
> Given the breadth of work done in the IETF, there is not going to be one
> license that is appropriate in all cases. Code to add support for a new RFC
> in the Linux Kernel would typically need to be GPL. Code to create a
> completely new implementation of some experimental draft might be best
> licensed with a BSD license. Code to add support for STIR to an existing
> open source SIP implementation would likely need to adopt the license of
> that open source project. Open source code could implement a protocol
> stack, mystack, or it could add support for a given protocol to something,
> perhaps using mystack. Perhaps the IETF can create some guidelines or have
> some folks who help with license education and selection, but the
> ultimately the choice of license will depend on the code contributors and
> what it is they are contributing, or contributing to. My feeling is that
> the IETF has the most impact when code is added to existing open source
> projects to support evolving IETF standards. Creating open source code in a
> vacuum to help people understand a draft and jumpstart their
> implementations involving that draft are of course great too.
>
> Cheers,
> Charles
>
> >
> >The effort to develop code that fits certain vendors' IP regime is
> >significant. I would support changes to the wg formation process that
> >were less vague than polling the room for "is there enough interest in
> >the room to do this". I would also like that all experiments' code at
> >least, that lead up to a standard's acceptance, be published. I have
> >lost endless months to dissecting papers and bad experiments - or
> >experiments where I merely wanted to change a few control variables
> >and re-run with my own data and tools.
> >
> >For the record, flent is a GPLv3 *wrapper* around a multiple other
> >tools. It's GPLv3'd, in part, because we'd hoped to make sure that
> >experiments published with it, did not game the results in any way.
> >Using it does not "taint" anyone. Modifying the tests, does.
> >
> >
> >>
> >>> It's not just the deployed code in kernels that is a problem, it is
> >>> also that the best of the tools available to prototype new network
> >>> code are GPL'd. NS3, for example, is gpl.  The routing protocols
> >>> incorporated in bird and quagga are GPL. Bind is BSD, but nominum is
> >>> proprietary and dnsmasq, GPLd.
> >>>
> >>> There is increasingly no place to design, develop, and test new stuff
> >>> without starting from a gpl base.
> >>
> >> I agree that this is a problem. But we can't all start to use GPL for
> everything.
> >
> >Just as Apple found it necessary to invest in a BSD licensed compiler,
> >orgs that wish to have BSD licensed "open source" code that can
> >compete with GPL'd versions, need to invest in tools, tests, and
> >developers.
> >
> >
> >>> Worse, what happens here at ietf without use of these tools, is that
> >>> we end up with non-open-source code's experiments and results being
> >>> presented, without any means for an independent experimenter to
> >>> verify, reproduce, or extend.
> >>
> >> That's a stretch. The alternative to GPL is not closed source. There
> are other, friendlier OSS licenses around.
> >
> >And insufficient developers.
> >
> >>> I think it would do a lot of semantic good if the ietf would stop
> >>> referring to "open source"[1] and always refer directly to the
> >>> licenses under which the code it works on that are allowed. There are
> >>> certainly new areas of interest like npv, etc, that are proceeding
> >>> with more vendor-friendly code licensing schemes, although I am
> >>> dubious about the performance benefits of moving all this stuff into
> >>> userspace, particularly when a seeming, primary, goal is to avoid
> >>> making free software, rather than engineering a good, clean, correct
> >>> engineering solution.
> >>>
> >>> It has been my hope that since the alice decision re patents (80% of
> >>> disputed software patents being invalidated), the rise of
> >>> organizations offering patent pool protections like the open
> >>> inventions network, and I think (IANAL), that apis cannot be
> >>> copyrighted in google vs oracle - ends up meaning that a developer can
> >>> not longer be polluted merely by looking at GPL'd code once in a
> >>> while. Because we do.
> >>
> >> As much as I want to agree, if you work for a commercial entity, the
> risk is just too great (cf. the GPL clause regarding implicit licenses to
> patents).
> >
> >What can be done to reduce that risk? I already pointed to oin (both
> >google and cisco are part of it - there is now quite a large number of
> >members, actually:
> >
> >http://www.openinventionnetwork.com/community-of-licensees/
> >
> >>
> >>> The actual implementations of anything for anything else will tend to
> >>> vary so much due to API differences, and the expressible logic in the
> >>> algorithms themselves generally simple, that, particularly when the
> >>> authors of the code have presented it for standardization, under any
> >>> license, that the exposure to further risk is minimized.
> >>
> >> Sure. But the risk is incorporating code that may be GPL-tainted into
> non GPL'ed code bases. In other words, it's not the code itself that is a
> risk, it is a risk for the codebase it is used from.
> >
> >You gotta rewrite it, so what? Copy/paste is a problem for all licenses.
> >
> >>> There are powerful advantages to the GPL (and LGPL[2]) over
> >>> "standardization". Notably there is an implicit patent grant, and
> >>> ongoing maintenance is enforced by an equal spirit of co-operation.
> >>> It's a better starting point than to hang with a sword of Damocles
> >>> over your head wondering if someone will patent something out from
> >>> under you.
> >>
> >> That's certainly one viewpoint.
> >
> >Yep.
> >
> >> Lars
> >>
> >>> I wish we could just get on with making the internet a better place.
> >>
> >> Sorry, but I really don't understand how this discussion is not trying
> to help with just that?
> >>
> >> Lars
> >
> >
> >
> >--
> >Dave Täht
> >Let's go make home routers and wifi faster! With better software!
> >http://blog.cerowrt.org
> >
>