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Hiveminds | Wed, 2008-04-23 14:56  tags: ,

While participating at other websites I get asked what forum software that I recommend. I then get lots of private messages and emails asking me why I dislike Simple Machines Forum. Before I get into this a preliminary is necessary. I was one of the web masters that got caught having to explain why a free project suddenly is costing on a yearly basis. This happen when a community forum was using Invision Board forum software just before they dropped the bomb that they would be going to commercial sales.

Now that you know the reason for me being so cautious about free software. Let's take a look at the Simple Machines Forum license.

  1. Permission is hereby granted to use, copy, modify and/or distribute this Package, provided that:

    1. All copyright notices within source files and as generated by the Software as output are retained, unchanged.
    2. Any Distribution of this Package, whether as a Modified Package or not, includes this license and is released under the terms of this Agreement. This clause is not dependant upon any measure of changes made to this Package.
    3. This Package, Modified Packages, and derivative works may not be sold or released under any paid license. Copying fees for the transport of this Package, support fees for installation or other services, and hosting fees for hosting the Software may, however, be imposed.
    4. Any Distribution of this Package, whether as a Modified Package or not, requires express written consent from Lewis Media.
  2. You may make Modifications to this Package or a derivative of it, and distribute your Modifications in a form that is separate from the Package, such as patches. The following restrictions apply to Modifications:

    1. A Modification must not alter or remove any copyright notices in the Software or Package, generated or otherwise.
    2. When a Modification to the Package is released, a non-exclusive royalty-free right is granted to Lewis Media to distribute the Modification in future versions of the Package provided such versions remain available under the terms of this Agreement in addition to any other license(s) of the initial developer.
    3. Any Distribution of a Modified Package or derivative requires express written consent from Lewis Media.
  3. Permission is hereby also granted to distribute programs which depend on this Package, provided that you do not distribute any Modified Package without express written consent.
  4. Lewis Media reserves the right to change the terms of this Agreement at any time, although those changes are not retroactive to past releases. Changes to this document will be announced via email using the Simple Machines email notification list. Failure to receive notification of a change does not make those changes invalid. A current copy of this Agreement can be found on the Simple Machines Website.
  5. This Agreement will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of this Package, the Software, and any derivatives within 48 hours.

So where does it say anywhere that I am free to distribute or use this software? Nowhere. They even go so far as to say that I cannot make my own code open source even if it is totally seperate from the original application. The deal breaker comes when they say that they have the right to do what ever they want with my code with out paying any royalties. So they can sell any modification of modules attached to the SMF software but they will not share the profits with those that help them.

A double deal breaker. They want me to sponser them but they will not allow me to purchase a license. This puts the software license in a perpetual limbo. What's to say after I get a forum up with 300,000 users , a stretch I know, that they can then start charging by the number of users or ask for some outrageous subscription price? If this is you then get out while you can.

Here is an example of the type of confusion and legal complications this causes. This poor soul seems to have been banned for disagreeing and putting forth an arguement that is perfectly valid. In this thread a user of Mambo has requested the license to use SMF in a distribution of Mambo CMS and been denied and dismissed. Conflicts of licensing alos occur whenever a GPL CMS is used and SMF is bridged to it. Under the GPL a bridge becomes GPL because it involves using the code of a GPL application. But there are those that are releasing bridges under the "SMF License" which creates a conflict. To those doing this I have to say please stop this insanity and stop perpetuating something that does not benefit open source software in the very least.

The OSI already has enough trouble open source license proliferation without having to take in consideration incompatible licenses also.

Simple Machines Forum is not an open source project. They are a commercial entity that does not yet charge for using their software. Be aware of this before you start publicizing them as the the best "open source" software forum around. Being able to see the source code does not make it open source. If you need a secure and fast forum, purchase a commercial one like vBulliten or one of its competitors. That or stick with phpBB or a another true open source forum. Do your best to stay away from "Gray Licensed" software like Simple Machines Forum and Sky Portal.

If you are with the SMF "project" and want to deny or rebut this then change your license to GPL or my favorite BSD or better yet just go commercial and alleviate all the problems surrounding a poor choice.

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Anonymous - posted on: Mon, 2006-01-09 13:47.

Thanks for the heads up. I was seriously thinking of switching to SMF from phpBB because of security. It also reportedly works well with Mambo. But now I'll sit on phpBB for a while. After the Miro thing I am tired of licensing in fighting.

Anonymous - posted on: Sun, 2006-02-05 22:01.

SMF forever. GPL is evil. This is a smart move by them to keep them away from the open source zealots and allows them more control.

Hiveminds posted on: Mon, 2006-02-06 10:43.

Think and think hard about the hypocrisies involved in what they are doing. First they would not have a project at all if the previous YaBB had had the same licensing.

Secondly, the whole point to open source is to allow others to pick up the flag when something fails or the project just dies. This cannot be done under the present licensing.

Thirdly, they have effectively killed any source of help because no developer in his or her right mind will contribute to a project where their code suddenly belongs to the project originator. this means any plug ins or useful hacks will not be explored or they will be slowed in development.

If they want complete control then they should go commercial and offer a proper commercial license for a minimum fee. Or more appropriately they should be dual licensing so if they decide to stop development or go completely commercial they do not leave people high and dry. Possibly come right out and say authorativly that they are only giving away the product until they go commercial.

Promising that something will "always be free" without the backing guarantee of a legal policy is just so much rhetoric. They are misleading their users and giving them a false sense of security. Just who are they protecting with such a policy? Not me, not you, they are only being selfish with something they were given out of the samaritanship of open source. Nothing in this type of licensing says that support or even the software itself will be any better.

I do not and will not ever agree with "fence riders" like SMF and now Skyportal and hope that this does not become the new trend of the web. This is "gray area" licensing and should be denounced and avoided by all that see OSS as a good thing. If they think the GPL is bad then they also have a choice of BSD or MIT licensing any of which would guarantee that they are actually returning something to the OSS community.

Hivemindz Magazine - Editor

Anonymous - posted on: Tue, 2006-02-28 18:44.

As point 1 on this page located on the simple machines website states:
http://www.simplemachines.org/about/values.php

"We will provide our software to the public for free. A full and complete version of any software title developed by this project will be available to everyone without any cost, be it monetary or otherwise."

I think someone, owes someone else an apology

Oldiesmann - posted on: Tue, 2006-02-28 19:16.

I suggest you take a good look at the following pages:

http://www.simplemachines.org/sitetest/about/whyfree.php
http://www.simplemachines.org/sitetest/about/opensource.php

The first one explains why SMF will always be free, and the second one explains why the developers chose not to distribute it under the GPL or another OSI-endorsed license.

Anonymous - posted on: Tue, 2006-02-28 19:17.

Take a good look at both http://www.simplemachines.org/sitetest/about/opensource.php and http://www.simplemachines.org/sitetest/about/whyfree.php.

SMF has had numerous people convert from phpBB who seem to have absolutely no problem with the license.

Hiveminds posted on: Tue, 2006-02-28 20:18.

There are several things that are wrong with the way SMF is handled as I have explained. The links to those pages where they at making their license seem to be a benefit to the community are only excuses.

Why should they care about what happens to something that is free? If they are concerned with people making money from GPL or BSD software then they should either go commercial and protect it or just not distribute it at all. They say because they want to see people get credit. I don't know how to respond to this. It seems to me that gettin credit for your work should be easy.

They definately are not helping the open source community nor are they giving anything back that I can see. To prove otherwise would mean showing just how because giving away free software is not helping open source unless the software is under an open source license. So far I have yet to find an OSS license that matches the SMF disclaimer. Is their return to open source in the way of donations? I have not seen any evidence of it but I welcome anyone from SMF to provide information on this.

I also find it strange that those that have gotten written permission, like Godaddy and others, to redistribute the software are all commercial. Is there something going on in the background here? Are they selling the redistribution rights? If so why not come right out and say so?

I have tried twice to get redistribution rights and have been turned down without explaination. Would anyone else care to give it a try? Tell them that you are a private person that wants to redistribute the software without a fee and will not put it up for commercial resale. I am very interested in the outcome of such a transaction.

While they would like you to believe their distribution is open source it is not. I remain agnostic on this, I will not believe something that has no evidenciary proof. But since this is mostly free world, people are free to choose. If you choose to go with SMF then that is okay by me. But if you ask for my recommendation for a forum then SMF will not be on the list because of its licensing.

Hivemindz Magazine - Editor

Hiveminds posted on: Tue, 2006-02-28 21:06.

SMF is partially commercial now I see. This page has changed from an offer to a defined amount. But it is still strange to me that they are charging for support by volunteers.

Hivemindz Magazine - Editor

Anonymous - posted on: Tue, 2006-02-28 23:15.

Charter Membership is a form of donations to the project. As a special thanks Charter Members are given priority support and some other advantages, I'd hardly call that commercial...

Anonymous - posted on: Tue, 2006-02-28 23:38.

I suggest you take a good look at these pages:

http://www.simplemachines.org/about/whyfree.php - Why SMF will always be free.

http://www.simplemachines.org/about/opensource.php - Why the developers chose not to go with an OSI-accredited license.




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