GPLv3 issues: TiVO-isation

This is the first of a series of discussions on the version 3 of the GPL. This post will report on the oddly named process of TiVO-isation.

At times the GNU/Linux desktop operating system is seen as the flagship of Free Software but it is important to remember that while the flagship is important and symbolic it is not the foundation upon which the impact of Free Software should be measured.

The greatest technological foundation of Free Software is the use of stripped down Linux kernels in embedded applications. One such application is the TiVO recorder. The TiVO is an embedded device made up of several GNU packages. The device is capable of recording several TV channels at the same time.

The definition of Free Software is sometimes reproduced in a simple â??four freedomsâ?? format. If software fulfils these four conditions it is Free. If any of the four freedoms is limited in any way the software is proprietary. For the sake of completeness the four freedoms are listed here:

Freedom to run the program, for any purpose (freedom 0).
Freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
Freedom to redistribute copies so you can help your neighbor (freedom 2).
Freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.

According to the freedoms it permissible to modify a GPL licensed program without re-distributing it, or running proprietary software on top of the GPL licensed software.

The TiVO has modified GNU/Linux in order to implement DRM within the operation of their video recorder. In compliance with the GPL, they released the source code for these modifications. Users are therefore able to modify the code and the operation of the video recorder. To this extent the TiVO is GPL compliant.

The problem is that TiVO contains a special mechanism that shuts down the machine if the user attempts to install modified software. Therefore the user is allowed to modify the code but is prevented from in reality from using these modifications in the embedded application of the TiVO. This makes freedom 1 into a sham.

The new version of the GPL (version 3) will prevent the compliance with the letter of the freedoms without the compliance to the purpose and spirit of the GPL.

EU vs Microsoft

Here is part of the official statement of the Free Software Foundation Europe on the EU decision to fine Microsoft almost 300 million Euro.

“Microsoft is still as far from allowing competition as it was on the day of the original Commission ruling in 2004. All proposals made by Microsoft were deliberately exclusive of Samba, the major remaining competitor. In that light, the fines do not seem to come early, and they do not seem high,” comments Carlo Piana, Milano based lawyer of the Free Software Foundation Europe (FSFE) regarding the decision of the European Commission to fine Microsoft 1.5 million Euro per day retroactively from 16. December 2005, totalling 280.5 million Euro. Should Microsoft not come into compliance until the end of July 2006, the daily fines could be doubled.

These fines are a reaction to Microsofts continued lack of compliance with the European Commission decision to make interoperability information available to competitors as a necessary precondition to allow fair competition. FSFE has supported the European Commission from the start of the suit in 2001.

“If we are to believe Microsofts numbers, it appears that 120.000 person days are not enough to document its own software. This is a task that good software developers do during the development of software, and a hallmark of bad engineering,” comments Georg Greve, president of the FSFE. “For users, this should be a shock: Microsoft apparently does not know the software that controls 95% of all desktop computers on this planet. Imagine General Motors releasing a press statement to the extent that even though they had 300 of their best engineers work on this for two years, they cannot provide specifications for the cars they built.”

Political Games

Let’s face it – we live in a world with short attention spans and a large amount of competing demands on our attention. One attempt to create and maintain attention in one of these tragic affairs is the computer game Darfour is Dying.

In the online game the player takes the perspective of the displaced Darfurian. The scary part is that such approached may trivialise the importance and reality of the actual suffering going on.

But lets take a tolerant approach and say that at least people are being reminded that the problem exists. Nomatter the medium – awareness is the most important part.

Exciting news and GPL3

Exciting news! I will be part of a panel at the 3rd International GPLv3 Conference in Barcelona next week. Look at the schedule (highlights below) can you imagine a more interesting two days?

Highlights day 1 – 22 June
10:30 – Georg Greve: opening introduction
11:00 – Richard Stallman: Overview of GPL v3 Changes
12:30 – Ciarán O’Riordan: The public consultation process
14:30 – Eben Moglen: The wording of the changes

Highlights day 2 – 23 june
10:30 Panel: Current projects of FSFE

  • Carlo Piana (Tamos Piana & Partners), the MS anti-trust case
  • Pablo Machón, building the Spanish team
  • Ciaran O’Riordan, Legislation from Brussels
  • Stefano Maffulli, FSFE’s Fellowship

11:30 Panel: Awareness and adoption of GPLv3

  • Fernanda Weiden, Associação SoftwareLivre.org
  • Anne Ã?stergaard, GNOME Foundation
  • Alexandre Oliva, Free Software Foundation Latin America

12:30 Pablo Machón: GPLv3 and the European software patent struggle
14:30 Panel: The Discussion Committees

  • Niibe Yutaka, Free Software Initiative Japan (committee A)
  • Philippe Aigrain, Sopinspace (committee C)
  • Masayuki Hatta, Debian (committee D)

15:30 Panel: Enforcing the GPL, thwarting DRM

  • Harald Welte, gpl-violations.org
  • David “Novalis” Turner, Free Software Foundation
  • Mathias Klang, Informatics researcher, University of Goteborg

16:30 Stefano Maffulli: Closing presentation