Can the Terms of the GPL Prevent GNU/Linux being used for War?

#1

Post by couchnaut » Tue, Jul 24, 2012, 10:18 AM UTC

There's been a lot of noise on the internet recently about the fact that the Windows-based software being used in the remote control system of drones use by the American military has been hit by a virus and this has caused the Department of Defense (DOD) to use GNU/Linux which is a more secure option. This has, predictably, caused raised eyebrows and demands by some that any military organisation should be prevented from using GNU/Linux in offensive weapons systems.

Can the Terms of the GPL Prevent GNU/Linux being used for War?
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Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#2

Post by marvin » Tue, Jul 24, 2012, 10:55 AM UTC

War is pretty much the definition of "we don't care what you think and will do whatever we want", so this is probably a moot point.

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#3

Post by icebraining » Tue, Jul 24, 2012, 10:55 AM UTC

Another example of Betteridge's Law.

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#4

Post by nathan_long » Tue, Jul 24, 2012, 11:12 AM UTC

marvin wrote: post #2

War is pretty much the definition of "we don't care what you think and will do whatever we want", so this is probably a moot point.

"Right, so we'll shred the treaty, detain their diplomats, and prepare to shell their cities." "Wait a minute, general. Have you seen this clause in the GPL?" "Drat! Foiled again!"

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#5

Post by bjornsing » Tue, Jul 24, 2012, 11:52 AM UTC

Interesting question, but IMHO a rather crap analysis. They don't seem to make any distinction between completely separate legal issues.

For example, I'm sure the DoD could classify some software that was a derivative work of some GPL licensed work as top secret. IANAL buy my guess is that the classification itself would probably be upheld by a court, but that wouldn't bring the DoD into compliance with the GPL. I cannot imagine that. It would be a complete carte blanche for the DoD in regards to any and all IPR. Even if they could legally do it I cannot imagine them doing it. It would be outright theft.

The same goes for modifying the GPL. I can go and rip off the GPL and license my software under the "Bjornsing GPL Derivative License" all I want. If somebody licenses my software under those terms they are no less bound by the license just because I stole the license itself. That's a separate issue between me and the FSF (and possibly between me and the state if deemed criminal copyright infringement). At least so I imagine. Again IANAL.

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#6

Post by Xylakant » Tue, Jul 24, 2012, 11:55 AM UTC

bjornsing wrote: post #5

Interesting question, but IMHO a rather crap analysis. They don't seem to make any distinction between completely separate legal issues. For example, I'm sure the DoD could classify some software that was a derivative work of some GPL licensed work as top secret. IANAL buy my guess is that the classification itself would probably be upheld by a court, but that wouldn't bring the DoD into compliance with the GPL. I ca…

While you can certainly license your works under "Bjornsing GPL Derivative License" if you want. The point being made (by the FSF) is that your license would probably be incompatible with the GPL itself, thus your code could not be legally linked against any piece of GPL code, effectively separating it from that ecosystem.

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#7

Post by bjornsing » Tue, Jul 24, 2012, 11:55 AM UTC

icebraining wrote: post #3

Another example of Betteridge's Law.

Yes! :) For those that's not familiar with it: "Betteridge's Law of Headlines is an adage that states, "Any headline which ends in a question mark can be answered by the word 'no'"."

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#8

Post by AndrewDucker » Tue, Jul 24, 2012, 12:04 PM UTC

bjornsing wrote: post #7

icebraining wrote: post #3

Another example of Betteridge's Law.

Yes! :) For those that's not familiar with it: "Betteridge's Law of Headlines is an adage that states, "Any headline which ends in a question mark can be answered by the word 'no'"."

"Is Betteridge's Law generally true?"

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#9

Post by klez » Tue, Jul 24, 2012, 12:16 PM UTC

AndrewDucker wrote: post #8

bjornsing wrote: post #7

Earlier quoted context omitted.

Yes! :) For those that's not familiar with it: "Betteridge's Law of Headlines is an adage that states, "Any headline which ends in a question mark can be answered by the word 'no'"."

"Is Betteridge's Law generally true?"

Once you answer 'no' you contraddict it, but not invalidate it.

Re: Can the Terms of the GPL Prevent GNU/Linux being used for War?

#10

Post by Produce » Tue, Jul 24, 2012, 12:19 PM UTC

>It should be pointed out, infairness, that the US Navy will also be using these drones to detect drug running in the Caribbean and I don't think anyone would object to that

I'll object to it. It's nobody's business to dictate to people what they can do with their own bodies. The current drug laws create a black market and fuel gang violence. As demonstrated by countries like Portugal, treating drug use as a health issue instead of a criminal issue reduces addiction rates and side effects from drug consumption. Thus, anything which polices the current drug laws is destructive by it's very nature.