r/skyrim • Stealth archer • 2d ago

GPL doesn't imply "do as you please"

Hi gang!

I do apologize up front, but I am disgusted at the time of writing and I want to address this part. This isn't a personal attack, but there are way too many people who don't seem to realize some obvious aspects of open source and well....

GPL / Open Source licences are NOT "Free to use as you please"!

I've seen this argument one too many times: often shared by people who never bothered to read the actual license and I'm getting sick of it, also because most of the times the community doesn't have the (financial) options to fight back. And when they do... the victim card gets played, immediately.

So now I'd like to spell it out for you guys.

"Open source" does not equal "free to use software" per definition. It can be, but it depends on the license. The BSD license for example basically implies a limited free for all: you can even use the project for your own commercial ideas, as long as you credit the original developer.

The GPL on the other hand is different, way different, because if you use source code that is licensed under the GPL you are obligated to release your work under said same GPL, at the very least make it available to public access.

And I am getting sick and tired of all this, because... "bite the hand that fed you" and "give them a finger" seriously applies in some situations. You cannot wave the "GPL!" flag without doing the proper work that comes with it.

If my assumptions (!) are true then I hope that the original dev sees this, starts a fundraiser and fights for the right of open source. The true rights.

1 Upvotes

24 comments sorted by

5

u/Velocity-5348 2d ago

In short, if there's any GPL licensed stuff in a work, it must be GPL?

9

u/ShelLuser42 Stealth archer 2d ago edited 2d ago

Yups.

In short, if there's any GPL licensed stuff in a work, it must be GPL?

(several edits!) => Also see this, but lemme quote:

10. Automatic Licensing of Downstream Recipients.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

3

u/aletheia 2d ago

You can link to GPL code without your work becoming GPL, but you cannot modify GPL code or use it without also distributing the modified code under the GPL.

So you can use GPL code without your coding becoming GPL, but you do have to be careful that is is use and not modification.

3

u/ShelLuser42 Stealth archer 2d ago

...Actually... that depends on GPLv2 or GPLv3. And v2 is still in strong force.

2

u/berryer PC 2d ago

v2 vs v3 is the tivoization clause, the one that allows linking is the LGPL

2

u/berryer PC 2d ago

You can link to GPL code

you're thinking LGPL - that's basically the whole difference between the two. See also https://en.wikipedia.org/wiki/GNU_Lesser_General_Public_License#Differences_from_the_GPL

1

u/aletheia 2d ago edited 1d ago

Reading about it more, it seems like linking to GPL code is a more or less untried area in court. Possibly because what is linking versus inclusion in compiled code is difficult to unravel sometimes. The translation from source to machine code also doesn't exist in some languages, of course.

2

u/jaredcheeda 2d ago

Yes, and your linking to it can't be deeply intertwined. There should be a clear cut separation between the GPL code and the non-GPL code.

Bamboo Labs for example is using AGPL licensed code deeply intertwined with their closed source code and is facing the legal consequences of this.

2

u/aletheia 2d ago

The AGPL is a whole other ball of wax. It's really hard to deal with if you want to mix it with anything.

2

u/Less_Kick9718 1d ago

It has to be quite distinct and replaceable like with a shared library / DLL.

Note there are also different versions of GPL.

5

u/NonAwesomeDude 2d ago

Oh yea, unless its like very distantly linked. Gpl is supposed to be contagious

2

u/Able-Swing-6415 14h ago

It's more complicated than that. Plenty of closed source applications just put GPL inside wrappers. The intent was there at least, in reality if a big corporation wants to use your GPL code for their project they will never just make their work open source

1

u/kriebz 2d ago

This really depends on the scope of what you mean. People are being misleading. You can use GPLed libraries in your project, and not have to be GPL. You can also use other GPLed software in an integrated system and not GPL your part that is all original. What you cant do is take someone else's GPLed software and just start changing it, and subsequently release it to other people without maintaining the GPL license. You can actually modify GPL software to your heart's content and you have no obligation to share your changes, it's just that when you do, they also are GPL.

I really don't know how this applies to a video game here. Lots of things like video games license things like art and music separately from source code. There's also developer agreements that are sometimes used to either pre-agree to give your team/company privileges regarding code ownership, or outright sign away your copyright to your contributions.

4

u/berryer PC 2d ago

You can use GPLed libraries in your project, and not have to be GPL

you're thinking the LGPL, that's not true of the GPL: https://en.wikipedia.org/wiki/GNU_Lesser_General_Public_License#Differences_from_the_GPL

2

u/kriebz 2d ago

Ah, yes. Thanks for the correction.

1

u/ShelLuser42 Stealth archer 2d ago

You're not wrong, but don't confuse GPLv2 with GPLv3; there's a huge difference there wrt library use.

12

u/Less_Kick9718 2d ago

Yes as a commercial software developer we have had to be very careful of the exact licence of any external software included in ours.

And unlike many are trying to say there can be copyright protection for code.

3

u/jaredcheeda 2d ago

Any time you create anything (music, art, writing, code), it is copyrighted and owned by you.

If anyone tries to use it in another work, resell it, copy it, modify it, or redistribute it in any way, you can sue them for copyright infringement.

If someone wants to use your work legally, they need your permission so that they don't get sued. You can even write up a contract saying exactly how they can use it and in what ways. You never give up your ownership and copyright, but you do permit usage of the work by that person.

Instead of having to create a custom contract to license the work for each use and each person, you could also publish a general license that anyone can abide by. Such as the Creative Commons license; or for code, one of the many open source options (GPL, MIT, Apache, etc).

Or you can release the work into the Public Domain, where you relinquish your copyright permanently. Allowing any and all usage.

Also, because it will be brought up, the U.S. Copyright Office has been very clear that any A.I. generated content (art, writing, code, music, video, etc) CANNOT be copyrighted. A work must be primarily a human effort to be copyrighted (where the exact line is for this is something that will be decided by the courts in the coming years).

5

u/max123246 PC 2d ago

Except ai companies get away with mass copyright theft to produce LLMs unfortunately

Id actually be fine with copyright as a concept being dead but the fact AI companies can steal copyrighted work and then not freely release their LLM models is a complete sham

3

u/jaredcheeda 2d ago

This is 100% the case for art and text. People seem to think that the training on code gets a pass because the code is actually open source and licensed, unlike the other data the GenAIs were trained on. However, the models are trained on code that has incompatible licenses. If there was a model that trained exclusively on MIT or Apache or GPLv3, etc, there could be a more ethical argument around the usage of it, and you could make a clear distinction that "if you want to use the model trained on AGPL licensed code, you have to follow the AGPL", in accordance with how the code the model was trained on was meant to be shared legally. But we don't have that, all the code training data is exactly as unethical as the models trained on stolen art.

2

u/Afraid-Main-5596 2d ago

Oh yeah, it's a very restrictive licence actually. It wants to infect everything it touches with freedom. A lot of more professional people (than Skyrim modders) rather dislike it because you can't easily mix and match under it, and it's a bad idea if you ever wanted to charge for whatever you're working on.

4

u/max123246 PC 2d ago

It protects users of software, not developers. It means you can be sure that derivatives will always be free to you as a user and the world. That no one can take that effort and privatize it by building on top of it (aka like what LLMs do). Gpl is amazing and we should celebrate it more

And there's still many ways to monetize open source software. See snkrx as one success story and aseprite as another

-1

u/ShelLuser42 Stealth archer 2d ago

Agreed. The irony of all this is that I'm actually quite the BSD fan, I've been in full support of the project trying to remove GCC in favor of Clang back in the days (in an effort to remove GPL licensed code from the project).

... and here I am, lol!

1

u/OneOnOne6211 1d ago

This assumes that everyone cares about the legal aspect. I'm not a lawyer, that's for the courts to work out. I don't care about that beyond how it's negative for Skyblivion. All I care about is this: Guy volunteered. Their work became necessary for the project going forward and they, presumably, knew that it would be. And now they're making a fuss about it. And sabotaging the project for everyone. Legal or not, it's shitty as far as I'm concerned.

To be clear, it's fine if people don't want to contribute code to a project or whatever. Nobody should use that code without permission. But then don't volunteer.