Edward Naughton latest attack (pdf) on Android/Bionic and his claims that the GPL license has been violated are bordering on ridiculous. First of all, to simply claim that dissenters are “fuzzy minded” because we don’t supinely believe that Google is evil incarnate, that the GPL has been eviscerated, and that we are all going to die in a proprietary/parasitic world is, well, bogus. Brian Proffitt made an excellent response, that calmly provides a reasonable background and some doubts – may it be possible that the author has some motives? Say, like the suspicions previously raised around Florian Mueller? The real problem of the article is that… it’s lame, weak and takes innuendo and unrelated comments to weave them into a “proof”. I hate this kind of FUD. I hated it when Stallman did it, I hated it when Microsoft did it (“see? all those companies that licensed patents from us? It’s the proof Linux infringes!”) and now we have to endure another similar effort.

Let’s start with the biggest problem: “As I explained in detail in my first paper, Google’s approach works only if the cleaning process removes all of the copyrightable material from every one of the headers” and then goes on to show that in his opinion there are still parts that are not “pure headers”. He makes a quite simple logical error: to claim that macros are by default copyrightable. The problem is that some macros are implemented like that for technical reasons-in fact, there are no alternative, equally efficient ways to implement them in the same way. “The court explains that elements dictated by efficiency are removed from consideration based on the merger doctrine which states that a form of expression that is incidental to the idea can not be protected by copyright. In computer programs, concerns for efficiency may limit the possible ways to achieve a particular function, making a particular expression necessary to achieving the idea. In this case, the expression is not protected by copyright” (from: Computer Associates International, Inc. v. Altai, Inc.)
So, macros like those dangerously incriminating ones that Naughton believes it saw in Google indiscriminate attitude towards copyright – well, they are still unprotected, or at least (as Brian Proffitt cleary wrote in his piece) no judge expressed his views on this.

Just this point defuses most of the damning argumentation rised in the white paper – like the fact that “Google optimized the scripts for convenience and not copyright compliance”. Some other points: “Google’s decision to remove some functions and variables but to retain others depending on how it affected performance shows that they were playing fast and loose with copyright.” – no, it shows that you have an axe to grind.

“Some who criticized my analysis relied on cases in which an abstraction-filtration-comparison analysis was used, but, as Judge Alsup’s order recognized, that approach is used when the issue is the copying of non-literal elements. It doesn’t generally apply to instances of literal copying like this one. See Lotus Development Corp. v. Borland International Inc., 49 F.3d 807, 814-15 (1st Cir.
1995).”
First of all, Judge Alsup hadnot ordered something like “Google copied”. It just refused to grant a preliminary injunction on the copyrightability of APIs, and this is due largely to the problem of conflicting presentation of APIs from Oracle and Google (inclusive versus exclusive). And the Lotus v. Borland was not considering the AFC test because… it regarded USER INTERFACES. Not Application Programmer Interfaces. Naughton kindly sweeps the issue under the carpet, as it would remove the filtration test… and filter out much of his white paper.
In fact, all the rest is unnecessary drivel designed to demonstrate the strength of his analysis: “To be sure, the WordPress situation involved different technical details than the kernel headers, but…” (but what?)

“I have practical concerns as well: Google’s approach, if it works, provides a roadmap for bypassing the GPL, as well as a relatively simple set of customizable scripts that could allow easier exploitation of GPL components by proprietary programs. An easy bypass of GPL protections runs contrary to what FOSS advocates stand for, and I certainly would not have expected such an uncritical defense of Google.” Where, oh where, is this kind of thing possible? The author takes something that is possible for headers only, takes his own view of Google as a dastardly stealer of code, and takes it to the next level: “see! If we don’t stop them now, they will find a way to clean GPL code as well as headers! We’re doomed, like Tivo!”

I tried to write down a response that did not involve biological paraphrases, but I failed. Let’s say that the argument is not his strongest point.

(footnote: I don’t care particularly for Google, I have no financial interest for them, but I respect the contributions they made to OSS.)

Updated 26/9/2011: It is clear that some of the points of my article were less clear than I hoped (my fault: it’s clear that my writing was less than perfect). So, as a clarification, I would like to point out a few things.

As a starting point, I am referring to the Android Open Source Project when talking about “Android”. It is clear that a proprietary, binary firmware released by a phone vendor is definitely not free, and I assume that Richard Stallman knows it as well, and in talking about Android he is referring to the open source project as well. So, when some of my polite commenters (I am blessed of having kind and nice people among my readers, it seems) mentioned that Android has proprietary pieces I actually have to point out that in the AOSP GIT there are no such proprietary pieces – even the imported kernel tree has no (optional) proprietary driver bits. So, if you want the Broadcom binary blob, or the Intel binary pieces, you have to download them externally. Also, as RMS points out in the article, it is possible to have a functioning phone using only the open parts; in fact, if you go and check what proprietary parts are usually needed in an Android build the primary culprits are the WiFi drivers and ancillary components like Camera, Video Out, and accelerated graphics like OpenVG) – nothing that stops you from creating a real phone out of it, albeit with lots of parts that require work. Lots of people is working on creating or porting fully open drivers-meaning that a fully open Android on all hardware devices is possible, just requires work.

Second, when talking about “free” there is always an uncertainty in discussing what “free” is without adding a definition. I am guilty of it as well, but here is my definition, which is by the way the same used by RMS:

“Free software is a matter of liberty, not price. To understand the concept, you should think of “free” as in “free speech,” not as in “free beer.” Free software is a matter of the users’ freedom to run, copy, distribute, study, change and improve the software. More precisely, it means that the program’s users have the four essential freedoms:

• The freedom to run the program, for any purpose (freedom 0).
• The freedom to study how the program works, and change it so it does your computing as you wish (freedom 1). Access to the source code is a precondition for this.
• The freedom to redistribute copies so you can help your neighbor (freedom 2).
• The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

A program is free software if users have all of these freedoms.” (Source: the Free Software Definition) Given this definition, I still have to object that under RMS definition Android (as the AOSP, released at this moment) IS free. It does not matter whether future versions are not (or will not be) as the definition does not talk about future versions but only the ones that we do have now; it does not cover whether the organization doing the development is an evil overlord or a public consortium, or anything else. It has a short list of 4 points, and to be free you must satisfy them all, and to satisfy them you must have software released under a license that is recognized as free. If you read the article again, you will find out that RMS is not addressing one or more of these points, but lots of external bits that are not related to the definition itself. The fact that binary Android may contain non-free parts (that happens with Linux as well, but is clearly not sufficient to say that Linux is non-free), the fact that it is not GNU/Linux (again, not relevant), the fact that it is not GPLv3 (as only the latest version of the license would grant a “freer than free” status), the fact that software patents exist (which is a curse, but again not relevant), the fact that part of the phone may be upgraded with non-free components that may listen to you (and again, not specific to Android). In essence, the entire article glides away from the point that may really be relevant to Android freedom, and draw a set of lines that are implying that Android is bad in some way. That is why the article is poorly written – because it ignores the real points, and would be equally applicable to other platforms as well – Symbian, Maemo, whatever. If RMS wants to make a statement, then you should point out that creating free drivers is possible and provides advantages for the user and the manufacturer (something that Broadcom, Intel, ATI already discovered); that a totally free alternative is possible with a coordinated effort, that alternatives to services may be created and can be a really competitive factor (OpenStreetMap, Firefox Sync) if properly directed. All of this was missing. A better effort would be to add a page at the FSF site listing hardware for which drivers are not available or in a partial stage, and request assistance. Much better than going at another project (75% of which comes from other free projects, by the way) and shouting “fire!”.

Original:

I hate FUD (Fear, Uncertainty, Doubt) whether it is spelled from proponents of proprietary software or free software loyalist. I hate it because it uses half-truths, innuendo and emotional traps to prevent readers to form their own opinion using rational means.

Having said that, I have been already skeptical of the previous attempt of the FSF to declare that the GPLv2 is “dangerous” because it has no explicit reinstatement clause, piggybacking on posts by popular Android doomsayers that (wrongly) claimed that Android tablet vendors “lost their rights to the Linux kernel”. Now, RMS clearly aimed with bigger guns at Android, that is clearly irking to his freedom-loving personality and probably seen as a plague barely better than Windows. In doing so, he unfortunately reached the same level of his hated proprietary vendors, using a barrage of arguments that show little attention to the reality.

Given the fact that RMS cares nothing of me (I still remember the disdain when I suggested that “Libre” may have been a better word than “Free”) and I am tired of being hated only by academics, I would like to dissect a few of the points raised by our beloved Richard.

“The version of Linux included in Android is not entirely free software, since it contains non-free “binary blobs” (just like Torvalds’ version of Linux), some of which are really used in some Android devices.” Ah, the heresy. Android uses binary blobs – but, behold! That’s because it uses Linux inside. So, really, this is an attack on the lax idea of freedom of Torvalds, that begrudgingly allows some vendors to add binary components inside of the user-space drivers.

I would like to point out as a first problem the phrase “some of which are really used in some Android devices”. So, it’s not all of Android that is bad – especially since those binary blobs are really part of Linux, it would have been much better aimed for RMS to claim that Linux is non-free. That, of course, would have raised the ire of quite a lot of developers and some condescending smiles from the general population, limiting the desired effect. Big, bad Google with its privacy problems is a much better target. It is also clear that not all of Android is non-free; something that is better rephrased as “basically all devices are non-free; some are, but we don’t talk of them as it would ruin the effect”.

So, first count is: “Android is non-free” is true only as “Linux is non-free” is true. Not a good start.

“Android platforms use other non-free firmware, too, and non-free libraries. Aside from those, the source code of Android versions 1 and 2, as released by Google, is free software – but this code is insufficient to run the device. Some of the applications that generally come with Android are non-free, too.” RMS here mixes a generic and undefined “Android platform” with the real Android – AOSP, the Android Open Source Project. That has no non-free libraries I was capable to find. If RMS talks about the binary versions that some vendors add, well, that’s no Android; it is the superposition of Android+other binary components. Not different from Linux used to run Oracle, for example; or Linux plus any other proprietary piece.

I also contend with the idea that the code is insufficient to run the device as well. MIUI and Cyanogen are but two of the source forks that are totally based only on the free code, and if you accept the lack of some functionality like camera or video out you may use your device without any proprietary blob. Again, saying so would have ruined the effect; also, it would point out that the Linux approach successfully made large companies like BroadCom or Intel to release fully free versions of their drivers.

“Android is very different from the GNU/Linux operating system because it contains very little of GNU. Indeed, just about the only component in common between Android and GNU/Linux is Linux, the kernel. People who erroneously think “Linux” refers to the entire GNU/Linux combination get tied in knots by these facts, and make paradoxical statements such as “Android contains Linux, but it isn’t Linux”. If we avoid starting from the confusion, the situation is simple: Android contains Linux, but not GNU; thus, Android and GNU/Linux are mostly different.” Leave it to RMS to beat to death the “GNU/Linux” mantra. RMS mixes the popular idea of Linux distribution with “Linux” redistribution in general. I found very little difference between Android and most embedded distro, or with set-top box systems. Here RMS uses the opportunity to rehash the idea that those using Linux should really be grateful to the FSF more than any other component maker; something that I found not correct – not that I am not grateful RMS and the FSF for their important contributions (the GPL on top) but because it is disingenuous to all the other contributors, like RedHat, Cygnus, Xorg, Sun, and the countless other groups that have a percentage of code comparable to the GCC, LibC, GNU utils and the other contribution by FSF.

By downplaying what others have done, RMS downplays other free software people and efforts – only because they are under the banner of open source, or not in line with his view. But this is only the entree, preparing for the real point:

“If the authors of Linux allowed its use under GPL version 3, then that code could be combined with Apache-licensed code, and the combination could be released under GPL version 3. But Linux has not been released that way.” Ahh, here comes the culprit. Bad, bad Torvalds! You decided not to trust us with a “GPL2 and later”, because you may not like what we write in the next license, and so one of the most successful free/open code is not in line with out current view. Bad boy! This should be seen as a continuation of the first FSF post, maybe – “if it was GPL3 it would be spotless and beautiful”. Note the totally unrelated intermission; there is really no logical connection with the binary blobs mentioned as a reason for being “non-free” (where the non-free parts are not really part of Android but bolt-ons, and the real non-free is Linux for its tolerance of binary blobs in user space). This lack of logical flow is the indication that this was the real reason for the article, and why I call it FUD. But it would have been much less effective this way.

“Google has said it will never publish the source code of Android 3.0 (aside from Linux), even though executables have been released to the public. Android 3.1 source code is also being withheld. Thus, Android 3, apart from Linux, is non-free software, pure and simple.” Actually, Google said that they plan to release the ASL part of it: “We’re committed to providing Android as an open platform across many device types and will publish the source as soon as it’s ready.” so actually the wording is not correct either (unless they have a different statement from the one that I heard recently from Chris DiBona of Google in one of his public appearances). In fact, it is also not correct for the GPL parts, that were published publicly in the AOSP Git as early as January 2011.

“The non-release of two versions’ source code raises concern that Google might intend to turn Android proprietary permanently; that the release of some Android versions as free software may have been a temporary ploy to get community assistance in improving a proprietary software product. Let us hope does not happen.” Read: “Google is probably driven by Darth Vader and doing a DeathStar-like ploy to destroy the rebels”. RMS is forgetting the fact that is true that Android may turn proprietary, exactly like any software project for which one entity has all the copyrights. But the previous versions remain free – something that Nokia should have learned when they released the Symbian code under the EPL, trying later to rewrap them under a proprietary license (good thing that I kept a copy of the originals). This means that someone (several, actually) will go and fork it. Good riddance to Google – they will never be able to stay afloat without the constant flow of patches from external projects, that constitute 75% of the Android source code.

“In any case, most of the source code of some versions of Android has been released as free software. Does that mean that products using those Android versions respect users’ freedom? No, for several reasons. First of all, most of them contain non-free Google applications for talking to services such as YouTube and Google Maps. These are officially not part of Android, but that doesn’t make the product OK. There are also non-free libraries; whether they are part of Android is a moot point. What matters is that various functionalities need them.” So, let me be clear here: RMS claims that he is aware that Android, per se, is released as free software. But he changes the definition of what is Android to artificially extend it to reach non-free parts, so that he can show that all of it is non-free. Well, I use a free software rom (MIUI) that is free and beautiful; I have decided to add the Google non-free apps not because I am forced to, but because I decided that I can trade functionality for freedom in this specific case. If you don’t want to, there are replacements – or you can decide you don’t want Google Maps and walk instead or use a paper map. I can decide – thus I am free.

“Replicant, a free version of Android that supports just a few phone models, has replaced many of these libraries, and you can do without the non-free apps. But there are other problems.” So, actually, it is possible to run a totally free Android – but you still are not in the clear. Why? Oh, Why?

“Some device models are designed to stop users from installing and using modified software. In that situation, the executables are not free even if they were made from sources that are free and available to you. However, some Android devices can be “rooted” so users can install different software.” Ahh, here it is again! If Linux (and, thus, Android) was GPL3 this could not have been done! Good thing that RMS recognizes that only some vendors are doing so (Samsung happily allows for custom roms, like the one I am using-and several others do as well).

“Important firmware or drivers are generally proprietary also. These handle the phone network radio, Wi-Fi, bluetooth, GPS, 3D graphics, the camera, the speaker, and in some cases the microphone too. On some models, a few of these drivers are free, and there are some that you can do without – but you can’t do without the microphone or the phone network radio.” Same point as before – proprietary drivers in Linux. Please, if this is all you have, go back and write “Is Linux really free software?” And again, if this is a problem boycott vendors that have no source for their drivers.

“On most Android phones, this firmware has so much control that it could turn the product into a listening device. On some, it controls the microphone. On some, it can take full control of the main computer, through shared memory, and can thus override or replace whatever free software you have installed. With some models it is possible to exercise remote control of this firmware, and thus of the phone’s computer, through the phone radio network.” The GSM part of modern cell phones is independent from the main phone controls, and is usually connected through a separate bus. This is due to the certification process for being able to connect to the GSM networks, that make it very difficult to be certified if the code is modifiable by the user. So, everyone masks this under a binary part for the RIL (Radio Interface Layer). Some vendors have a purely binary RIL, others publish the source code. So, dear RMS, instead of banging against the fact that a binary RIL is possible (and is possible even in the GPL3) go and praise those that publish it.

“Putting these points together, we can tolerate non-free phone network firmware provided new versions of it won’t be loaded, it can’t take control of the main computer, and it can only communicate when and as the free operating system chooses to let it communicate. In other words, it has to be equivalent to circuitry, and that circuitry must not be malicious. There is no obstacle to building an Android phone which has these characteristics, but we don’t know of any.” The point is not Android, but any Linux phone (actually, any phone in general, since all of them have upgradeable radio firmware). Go and claim that we should not be using a phone, or a mobile phone. Again, blaming this to Android makes for a better target.

“Software patents could force elimination of features from Android, or even make it unavailable.” Go there! Claim that Android is a patent target, and conveniently ignore the Microsoft Linux patent threats, and the many patent attacks on free software that companies like RedHat are trying to defend. Just don’t point out Android as a single culprit.

“However, the patent attacks, and Google’s responses, are not directly relevant to the topic of this article: how Android products approach an ethically system of distribution and how they fall short. This issue merits the attention of the press too.” So, why write it? Because it is like a cherry on top – it finish the dish.

“Android is a major step towards an ethical, user-controlled, free-software portable phone, but there is a long way to go.” Don’t be too harsh, or people may think that you have an agenda. So, after badmouthing Android, say something nice – like the fact that you can redeem, if you move to the GPL3.

Article summary: “Android is non-free” (actually Linux is, but I can’t say it), “is driven by greedy gollums” (maybe), “Android phones may spy on you” (like all modern phones), “it may be destroyed by patents” (like Linux), and in general if you switch to the GPL3 we forgive you.

Look: there are many negative points in Android, like the fact that having it as a separately managed project under an Eclipse-like consortium would be much better (I wrote my thoughts on it here) or that the fact that the Honeycomb code is still not released, or that governance is centrally hold by Google. This is however not a good reason for using Android as a scapegoat, only because it is widely used and successful. This is FUD – and it only helps those that despise free software.

(Disclaimer: I don’t care what Google thinks, I don’t have an interest in Google financial performance, my only point of contact is in having an Android phone and a passion for free/open/libre source).