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used the code, there have been many who've used BSDstyle code for their personal gain.

Bill Joy, for instance, went to work at Sun Microsystems in 1982 and brought with him all the knowledge he had gained in developing BSD. Sun was always a very BSD-centered shop, and many of the people who bought Sun workstations ran BSD. At that time, AT&T still controlled much of the kernel and many of the small extra programs that made UNIX a usable system.

But there are counter arguments as well. Joy certainly contributed a lot to the different versions of BSD. If anyone deserves to go off and get rich at a company like Sun, it's he.

Also, the BSD source code was freely available to all comers, and all companies started with the same advantages. The software business is often considered to be one of the most free marketplaces around because of the low barriers to entry. This means that companies should only be able to charge for the value they add to the BSD code. Sure, all of the Internet was influenced by the TCP/IP code, but now Microsoft, Apple, IBM, Be, and everyone else compete on the quality of their interface.

10.6 THE PRICE OF TOTAL FREEDOM

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The debate between BSD-style freedom and GNU-style freedom is one of the greatest in the free programming world and is bound to continue for a long time as programmers join sides and experiment.

John Gilmore is one programmer who has worked with software developed under both types of licenses. He was employee number five at Sun Microsystems, a cofounder of the software development tool company Cygnus Solutions, and one of the board members of the Electronic Frontier Foundation. His early work at Sun gave him the wealth to pursue many independent projects, and he has spent the last 10 years devoting himself to making it easy for people around the world to use encryption software. He feels that privacy is a fundamental right and an important crime deterrent, and he has funded a number of different projects to advance this right.

Gilmore also runs the cypherpunks mailing list on a computer in his house named Toad Hall near Haight Street in San Francisco. The mailing list is devoted to exploring how to create strong encryption tools that will protect people's privacy and is well known for the strong libertarian tone of the deliberations. Practically the whole list believes (and frequently reiterates) that people need the right to protect their privacy against both the government and private eavesdropping. Wired magazine featured Gilmore on the cover, along with fellow travelers Eric Hughes and Tim May.

One of his recent tasks was creating a package of free encryption utilities that worked at the lowest level of the network operating system. These tools, known as Free/SWAN, would allow two computers that meet on the Internet to automatically begin encoding the data they swap with some of the best and most secure codes available. He imagines that banks, scientific laboratories, and home workers everywhere will want to use the toolkit. In fact, AT&T is currently examining how to incorporate the toolkit into products it is building to sell more highspeed services to workers staying at home to avoid the commute.

Gilmore decided to use the GNU license to protect the Free/SWAN software, in part because he has had bad experiences in the past with totally free software. He once wrote a little program called PDTar that was an improvement over the standard version of Tar used on the Internet to bundle together a group of files into one big, easy-tomanage bag of bits often known affectionately as "tarballs." He decided he wasn't going to mess around with Stallman's GNU license or impose any restrictions on the source code at all. He was just going to release it into the public domain and give everyone total freedom.

This good deed did not go unpunished, although the punishment was relatively minor. He recalls, "I never made PDTar work for DOS, but six or eight people did. For years after the release, I would get mail saying, 'I've got this binary for the DOS release and it doesn't work.' They often didn't even have the sources that went with the version so I couldn't help them if I tried." Total freedom, it turned out, brought a certain amount of anarchy that made it difficult for him to manage the project. While the total freedom may have encouraged others to build their own versions of PDTar, it didn't force them to release the source code that went with their versions so others could learn from or fix their mistakes Hugh Daniel, one of the testers for the Free/SWAN project, says that he thinks the GNU General Public License will help keep some coherency to the project. "There's also a magic thing with GPL code that open source doesn't have," Daniel said. "For some reason, projects don't bifurcate in GPL space. People don't grab a copy of the code and call it their own. For some reason there's a sense of community in GPL code. There seems to be one version. There's one GPL kernel and there's umpty-ump BSD branches."

Daniel is basically correct. The BSD code has evolved, or forked, into many different versions with names like FreeBSD, OpenBSD, and NetBSD while the Linux UNIX kernel released under Stallman's GPL is limited to one fairly coherent package. Still, there is plenty of crosspollination between the different versions of BSD UNIX. Both NetBSD 1.0 and FreeBSD 2.0, for instance, borrowed code from 4.4 BSD-Lite. Also, many versions of Linux come with tools and utilities that came from the BSD project.

But Daniel's point is also clouded with semantics. There are dozens if not hundreds of different Linux distributions available from different vendors. Many differ in subtle points, but some are markedly different. While these differences are often as great as the ones between the various flavors of BSD, the groups do not consider them psychologically separate. They haven't forked politically even though they've split off their code.

While different versions may be good for some projects, it may be a problem for packages like Free/SWAN that depend upon interoperability. If competing versions of Free/SWAN emerge, then all begin to suffer because the product was designed to let people communicate with each other. If the software can't negotiate secure codes because of differences, then it begins to fail.

But it's not clear that the extra freedom is responsible for the fragmentation. In reality, the different BSD groups emerged because they had different needs. The NetBSD group, for instance, wanted to emphasize multiplatform support and interoperability. Their website brags that the NetBSD release works well on 21 different hardware platforms and also points out that some of these hardware platforms themselves are quite diverse. There are 93 different versions of the Macintosh running on Motorola's 68k chips, including the very first Mac. Eighty-nine of them run some part of NetBSD and 37 of them run all of it. That's why they say their motto is "Of course it runs NetBSD."

The OpenBSD group, on the other hand, is emphasizing security without compromising portability and interoperability. They want to fix all security bugs immediately and be the most secure OS on the marketplace.

There are also deep personal differences in the way Theo de Raadt, the founder of OpenBSD, started the project after the NetBSD group kicked him out of their core group.

For all of these reasons, it may be hard to argue that the freedoms provided by the BSD-style license were largely responsible for the splintering. The GNU software users are just as free to make new versions as long as they kick back the source code into free circulation. In fact, it may be possible to argue that the Macintosh versions of some of the GNU code comprise a splinter group because it occurred despite the ill will Stallman felt for the Mac.

10.7 THE SYNTHESIS OF "OPEN SOURCE"

...................................

The tension between the BSD licenses and the GNU has always festered like the abortion debate. Everyone picked sides and rarely moved from them.

In 1998, a group of people in the free software community tried to unify the two camps by creating a new term, "open source." To make sure everyone knew they were serious, they started an unincorporated organization, registered a trademark, and set up a website (www.opensource.org). Anyone who wanted to label their project "open source" would have to answer to them because they would control the trademark on the name.

Sam Ockman, a Linux enthusiast and the founder of Penguin Computing, remembers the day of the meeting just before Netscape announced it was freeing its source code. "Eric Raymond came into town because of the Netscape thing. Netscape was going to free their software, so we drove down to Transmeta and had a meeting so we could advise Netscape," he said.

He explained that the group considered a number of different options about the structure. Some wanted to choose a leader now. Others wanted to emulate an open source project and let a leader emerge through the display of talent and, well, leadership. Others wanted elections.

The definition of what was open source grew out of the Debian project, one of the different groups that banded together to press CDROMs of stable Linux releases. Groups like these often get into debates about what software to include on the disks. Some wanted to be very pure and only include GPL'ed software. In a small way, that would force others to contribute back to the project because they wouldn't get their software distributed by the group unless it was GPL'ed. Others wanted less stringent requirements that might include quasi-commercial projects that still came with their source code. There were some cool projects out there that weren't protected by GPL, and it could be awfully hard to pass up the chance to integrate them into a package.

Over time, one of the leaders of the Debian group, Bruce Perens, came to create a definition of what was acceptable and what wasn't. This definition would be large enough to include the GNU General Public License, the BSD-style licenses, and a few others like MIT's X Consortium license and the Artistic license. The X-windows license covers a graphical windowing interface that began at MIT and was also freely distributed with BSD-like freedom. The Artistic license applies to the Perl programming language, a tool that is frequently used to transform files. The Debian meta-definition would embrace all of these.

The official definition of what was acceptable to Debian leaned toward more freedom and fewer restrictions on the use of software. Of course, that's the only way that anyone could come up with a definition that included both GNU and the much less restrictive BSD. But this was also the intent of the open source group. Perens and Eric Raymond felt that Stallman still sounded too quasi-communist for "conservative businessmen," and they wanted the open source definition to avoid insisting upon the sort of forced sharing that Stallman's GNU virus provided.

Still, the definition borrowed heavily from Stallman's concept of GNU, and Perens credits him by saying that many of the Debian guidelines are derived from the GPL. An official open source license for a product must provide the programmer with source code that is human-readable. It can't restrict what modifications are made to the software or how it is sold or given away.

The definition glossed over the difference between BSD and GPU by stating, "The license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software."

The definition proved to be the model for more commercial offerings like the Netscape Public License. In 1998, Netscape started distributing the source code to its popular browser in hopes of collecting help from the Internet and stopping Microsoft's gradual erosion of

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