RWH Wrote:
> ,
>
> That seems a bit simplistic. How many places/projects do you think might
> want to use GPL but don't care to participate in the legal vagarities
> revolving around GPL?  If I license a commercial library I pay cash and
> agree to restrictions on distribution. If I go the GPL route I don't pay
> cash but I do have to buy into the social goals of the GPL and accept
> some uncertaintly about IP liability.  If I go the BSD route I only have
> to accept some uncertainty about IP liability.
>   

Ahem, the GPL doesn't mean the code is free of cost, it just ensures the
source code will be available on request.

If you don't want IP liability, and be a programmer, you better find a
new job - or move to the EU.  Just about every program - FOSS or not - 
violates somebody's patent somewhere.   The BSD license doesn't protect
you from liability any better than the GPL.

Ever since the PTO started granting patents on software, it is
impossible, and I do mean impossible - not to violate a patent somewhere.

The question is whether or not the patent is enforceable.  Patent
liability only extends to things that have no "prior art". In other
words, if someone is granted a patent and there turns out to be
something similar somewhere already in use - the patent is worthless and
unenforceable.

Hell, I remember reading about a year ago about a patent granted by the
PTO on single CPU computers years ago.  So that means that every PC,
Mac, or whatnot has violated that patent.  Try to enforce it, and they
would laugh.  Same with Microsoft - they have a patent on the
"double-click".

Every time you download source code or a program you take that risk. 
Especially from the EU, where software patents are illegal.  If you
download, aka import, you are probably violating someone's patent here
in the US. 

The only thing you can do is try to keep your risk of infringement at a
manageable level.


> It was also my impression that Apple's OS X was based on the same BSD
> licensed by NeXT from Berkeley rather than FreeBSD, although parts of OS
> X were ported from FreeBSD. I'm also pretty sure that Apple had been
> posting back enhancements to FreeBSD - Wikipedia mentions the Base
> Security Module being ported back from Apple's implimentation. They were
> also contributing patches and features from Safari back to KDE's
> Konqueror - at least until there was some conflict in priorities between
> Apple and the KDE folks.
>
>   
Actually, Darwin a hybrid of BSD and Mach, if you want to be picky. 
They borrowed  from FreeBSD and Mach.  The interface code, such as
Quartz and Cocoa is entirely propreitary, however.


Mike Wrote:
> That's nice of them, but the license is still such that OS X source is not 
> available to us.  
>   
Darwin (the kernel) is available.  The code for the GUI and interposing
API layers are not.


>  OS X is making Linux 
> a little less attractive and it is thereby slowing Linux development.
I honestly can't see how.  The same people who worked on Linux will
still work on it.  People come and go, but the averages remain the
same.  Realistically, I can't see how OSX can take programmers away from
Linux, when you consider that applications programmers for both systems
write code according to POSIX standards -meaning it will compile on
either.  Quite frankly, I prefer Linux.  The POSIX threading support on
Darwin/OSX really sucks.

Ever try to compile PostgreSQL on Darwin?  It can be done, but since
their pthread support is questionable, you might not get a reliable binary.


As for "Linux" the core system, the Linux kernel guys are most certainly
running their own versions of the Linux kernel, and NOT Darwin.
 
Just my 2 cents,
T.J.


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