Re: GPL Nuances [was Re: RMS is back again]

2002-06-04 Thread Geoffrey S. Mendelson

Oleg Goldshmidt wrote:

 Actually, come to think about it, contrary to what I wrote in the
 posting that puzzled you, one can argue that a device driver is a
 piece of software that makes a particular piece of software work,
 using knowledge of its specific characteristics that are outside of
 Linux scope. Thus a linux device driver is related to Linux only
 insofar as it enables the hardware to work with Linux, but the
 hardware spec it is based on is not Linux-specific, and thus the
 device driver is not a derivative product of the Linux kernel in this
 sense, so proprietary drivers are OK.

A device driver is basicaly the same for a given device under a given
architechure. In each system, the driver gets parameters, takes control of
interrupts (if necessary), gets requests and reports status differently.

The basic manipulation of the device is the same, e.g. load firmware,
set interupts, buffers, etc, start i/o, get the repsonse, etc.

While the code may be different (or not) the driver for device X on 
archiechture Y looks the same no matter what language it is written in.
Probably not enough to be restricted by copyright, but enough that anyone
who is familiar with writting drivers could spot.

Most linux drivers were written the other way arround however. Someone
wrote a driver for a device, say a network card, and someone else pulled
out the device specific code and stuck in new code for their device.

This worked out well in the days when no-one had any idea of how to
write a device driver and very few people had a specific device. You
could hack together a driver without a lot of prior programing skill and
it would work. If there was enough demand, it would get fixed and
ocasionaly improved.

In the 2.5.x kernels, there is a new method of accessing device drivers.
Some drivers have been rewritten, some fixed, some left (now to be broken).

Geoff.

-- 
Geoffrey S. Mendelson
Bloomberg L.P., BFM (Israel) 2 hours ahead of London, 7 hours ahead of New York.
Tel:  972-(0)3-754-1158 Fax 972-(0)3-754-1236 Email: [EMAIL PROTECTED] 


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Re: GPL Nuances [was Re: RMS is back again]

2002-06-03 Thread Shaul Karl

 Tzafrir Cohen [EMAIL PROTECTED] writes:
 
  The linux kernel is licensed under a license that is not exactly the GPL.
  It is the GPL with an extra clause that allows binary modules (to allow
  support of certain kinds of hardware, and with certain limitations, but
  this is really *not* the place to discuss them).
 
 I am assuming you mean this:
 
 http://www.gnu.org/licenses/gpl-faq.html#LinkingOverControlledInterface
 
 AFAIK, the Linux kernel does not include this stipulation, albeit
 Linus's note at the top of /usr/src/linux/COPYING is arguably similar
 in spirit. Thus, linking binary modules is a bit shaky (you may trust
 Linus who seems to be quite liberal, but parts of kernel code are
 copyrighted by others, who may adhere to stricter interpretations).
 
 A cautious solution would involve a GPLed (with the additional clause
 like in the URL above) interface module, and a proprietary module that
 will only use the facilities provided by the interface module.
 
 In addition, if you make sure that whatever your module does makes
 sense out of the context of the Linux kernel, you are probably covered
 (this last condition is difficult to satisfy in the case of hardware
 drivers and such).
 
 -- 
 Oleg Goldshmidt | [EMAIL PROTECTED] 
 A sense of the fundamental decencies is parceled out unequally at birth.
 


What do you mean by `make sure that whatever your module does makes
sense out of the context of the Linux kernel'? 
I guess that once I will get that sentence I will be able to understand 
why it is difficult to satisfy in the case of hardware drivers.




-- 

Shaul Karl, [EMAIL PROTECTED] e t



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Re: GPL Nuances [was Re: RMS is back again]

2002-06-03 Thread Oleg Goldshmidt

Shaul Karl [EMAIL PROTECTED] writes:

 What do you mean by `make sure that whatever your module does makes
 sense out of the context of the Linux kernel'? 
 I guess that once I will get that sentence I will be able to understand 
 why it is difficult to satisfy in the case of hardware drivers.

The whole notion of a derivative product that is central to GPL is
about (crudely speaking) is this merely a
feature/extension/fix/whatever of this GPLed program or is it a
separate piece of software that has a right to exist and does/can do
something non-trivial and useful outside of the context of this GPLed
program. I would suggest you try to read GPL and what is written
about it (search the archives - I posted on the subject before,
including some URLs) to try to understand what this central notion of
a derivative product is. If it still does not make sense, ask me
nicely enough and I *might try* to dig up some notes I made and
hopefully _they_ will make some sense.

I'll try to illustrate this idea using the following example. AFAIK,
(correct me if I am wrong - I just prefer to use something well-known
for an example rather than describing the issues that I encountered in
my own work, where a need arose to write proprietary kernel modules)
CheckPoint's firewall - which is proprietary technology, of course -
on Linux works as a kernel module. If you ask a purely legal question
about whether or not this is permitted by GPL, one important
consideration in determining whether or not this module is a
derivative of Linux is whether or not CheckPoint's firewall makes
sense outside of the context of Linux. The answer should be yes -
the beast can be (and is) used with systems other than Linux, and the
particular implementation as a kernel module (thus linked to the GPLed
kernel) is just making this product work on Linux.

This is not the whole argument, but it's one part of the whole
argument why this is legal.

Caveat emptor: IANAL, I just tried to understand the issues as well as
I could and talked to lawyers at length in the process. Any
misunderstandings and misinterpretations are mine, not the
lawyers'. Also, please don't ask me to post the full transcripts of my
communications with lawyers on the subject: it cost my employer a
pretty penny and constitutes valuable intellectual property (in the
sense of please do you own homework) - not mine, either. What I wrote
above, including the specific example of CP-FW (I never checked myself
whether it was indeed implemented as a kernel module, hence the
correct me qualifier above - iptables/ipchains are modules, of
course), is arguably general knowledge (or my interpretation of it)
rather than a part of that intellectual property.

Actually, come to think about it, contrary to what I wrote in the
posting that puzzled you, one can argue that a device driver is a
piece of software that makes a particular piece of software work,
using knowledge of its specific characteristics that are outside of
Linux scope. Thus a linux device driver is related to Linux only
insofar as it enables the hardware to work with Linux, but the
hardware spec it is based on is not Linux-specific, and thus the
device driver is not a derivative product of the Linux kernel in this
sense, so proprietary drivers are OK. I don't know if this or similar
line of reasoning is used anywhere to justify proprietary device
drivers, or nobody bothers. The cavaliere attitude along the lines of
Linus doesn't mind (but are you sure Alan doesn't?) or Rubbini says
it's OK [in Linux Device Drivers - OG] so it's OK (I really heard
that given as a clinching argument) seems to prevail.

It is shaky in the case of device drivers because, obviously, a driver
just makes hardware work under Linux, so in this sense it does not
have a right to exist outside of Linux. Which talmudic argument wins
the day only a lawyer - or a rabbi, or Moshe Bar - both a talmudic
scholar and a law student? - 

http://interviews.slashdot.org/article.pl?sid=02/06/02/1159242mode=threadtid=106

- can determine. I am neither, and maybe the more learned 
linux-il members (there are certainly quite a few religious ones; are
there any lawyers lurking here?) will pity my feeble attempt to argue
both sides.

Firewall is a much cleaner case, IMHO, because the rules and the
algorithms and the corresponding parts of _software_ are arguably
broad and independent of Linux. For a device driver, the independent
part is hardware, not software (and GPL does not deal with hardware or
HW specs).

My suggestion to use a controlled interface layer goes in the same
direction. Keep the core of what you are doing proprietary if needed.
If you need it to work inside (linked to) the kernel, do your best to
separate whatever is needed to make it work in this particular context
(I am not using this word in the software sense here) in a separate
module, GPL the latter, and add the permissive clause from the FAQ to
its license, so that your proprietary stuff can be legally 

Re: GPL Nuances [was Re: RMS is back again]

2002-06-02 Thread Oleg Goldshmidt

Tzafrir Cohen [EMAIL PROTECTED] writes:

 The linux kernel is licensed under a license that is not exactly the GPL.
 It is the GPL with an extra clause that allows binary modules (to allow
 support of certain kinds of hardware, and with certain limitations, but
 this is really *not* the place to discuss them).

I am assuming you mean this:

http://www.gnu.org/licenses/gpl-faq.html#LinkingOverControlledInterface

AFAIK, the Linux kernel does not include this stipulation, albeit
Linus's note at the top of /usr/src/linux/COPYING is arguably similar
in spirit. Thus, linking binary modules is a bit shaky (you may trust
Linus who seems to be quite liberal, but parts of kernel code are
copyrighted by others, who may adhere to stricter interpretations).

A cautious solution would involve a GPLed (with the additional clause
like in the URL above) interface module, and a proprietary module that
will only use the facilities provided by the interface module.

In addition, if you make sure that whatever your module does makes
sense out of the context of the Linux kernel, you are probably covered
(this last condition is difficult to satisfy in the case of hardware
drivers and such).

-- 
Oleg Goldshmidt | [EMAIL PROTECTED] 
A sense of the fundamental decencies is parceled out unequally at birth.

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GPL Nuances [was Re: RMS is back again]

2002-06-01 Thread Shlomi Fish

On Sat, 1 Jun 2002, Diego Iastrubni wrote:

 On Saturday 01 June 2002 02:41, Shlomi Fish wrote:
  On Fri, 31 May 2002, Diego Iastrubni wrote:
   job job, someone has to speak for those who cannt ('cause they are coding
   too much) He _is_ right. The day this will happen a big part of freedom
   will be ported to win32 platform.

  It is legally possible to port GPLed software to Win32. In fact, this has
  happened with Cygnus and Friends. This is in a similar spirit to the fact
  that GPLed software can be run on proprietary UNIXes.
 i was joking. what i meant was that gpl software can be reproduced freely,
 while those packages (build open free sources) are not freely available. If
 indeed i missread th gpl, kde/gnome duds can not give authorization to that
 distros to distribute their packages (something like Linus does not bother
 about binary-only kernel modules, even that it violates gpl).

If the packages are distributed under the GPL (in some public way - say
on an FTP site), then they have no way of doing that. If the distributor
(say Caldera) respects the GPL (i.e: supplies the source and lets you
re-distribute the packages themselves) then there's nothing that can
legally been done about GPL software being a part of a proprietary
licensed software. The only think the GPL restricts is linking against
non-GPL compatible code.

Linus Torvalds can allow proprietary modules for the Linux kernel, but
someone can fork the codebase, and then decide not to allow that.
Proprietary modules are allowed due to a general consensos among the
kernel developers.

Regards,

Shlomi Fish


 what will be
 next: per seat or per server licenses in kcontrol?

 talking about free win32 software: here is the url for kde 2.2 for windows
 (beta 1):
 http://kde-cygwin.sourceforge.net

  - diego

 --
 Disclaimer: These opinions are my own, though for a small fee they be
 yours too.
   -- Dave Haynie




--
Shlomi Fish[EMAIL PROTECTED]
Home Page: http://t2.technion.ac.il/~shlomif/
Home E-mail:   [EMAIL PROTECTED]

Let's suppose you have a table with 2^n cups...
Wait a second - is n a natural number?


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Re: RMS is back again

2002-06-01 Thread Muli Ben-Yehuda

On Sat, Jun 01, 2002 at 01:26:03AM +0300, Christoph Bugel wrote:
 On 2002-05-31, Eliran wrote:
  Well, here is another response of Richard M. Stallman the FSF founder.
  
  Now he condemns the UnitedLinux (Suse, Turbo Linux, Mandrake and others joined 
forces).
  
  What next ?
 
 Maybe you should explain *why* you disagree with RMS.
 I think RMS is right.

I should've done this last night, instead of just plonking Eliran the
cretin.  

..___...
../|../|..|..|..
..||__||..|..Please.do...|..
./...O.O\__.NOT..|..
/..\...feed..|..
.../..\.\...the.trolls...|..
../..._\.\.__|..
./|\\.\.||..
/.|.|.|.|\/.||..
.../...\|_|_|/...|__||..
../../..\||.||..
./...|...|./||..--|.
.|...|...|//.|..--|.
..*._|..|_|_|_|..|.\-/..
...*--._--\._.\.//...|..
./.._.\\._.//...|/..
...*../...\_./-.|.-.|...|...
.*..___.c_c_c_C/.\C_c_c_c...
-- 
Hevensday 10 Forelithe 7466

http://vipe.technion.ac.il/~mulix/
http://syscalltrack.sf.net/



msg19719/pgp0.pgp
Description: PGP signature


Re: RMS is back again

2002-06-01 Thread Eliran


- Original Message -
From: Christoph Bugel [EMAIL PROTECTED]
To: Eliran [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Sent: Saturday, June 01, 2002 12:26 AM
Subject: Re: RMS is back again


 On 2002-05-31, Eliran wrote:
  Well, here is another response of Richard M. Stallman the FSF founder.
 
  Now he condemns the UnitedLinux (Suse, Turbo Linux, Mandrake and others
joined forces).
 
  What next ?

 Maybe you should explain *why* you disagree with RMS.
 I think RMS is right.

I didn't say I disagree with RMS, I just want to see your opinions about it.
I'm neutral


 BTW, Mandrake is not part of UL.

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Re: GPL Nuances [was Re: RMS is back again]

2002-06-01 Thread Tzafrir Cohen

On Sat, 1 Jun 2002, Shlomi Fish wrote:

 On Sat, 1 Jun 2002, Diego Iastrubni wrote:

  On Saturday 01 June 2002 02:41, Shlomi Fish wrote:
   On Fri, 31 May 2002, Diego Iastrubni wrote:
job job, someone has to speak for those who cannt ('cause they are coding
too much) He _is_ right. The day this will happen a big part of freedom
will be ported to win32 platform.
 
   It is legally possible to port GPLed software to Win32. In fact, this has
   happened with Cygnus and Friends. This is in a similar spirit to the fact
   that GPLed software can be run on proprietary UNIXes.
 
  i was joking. what i meant was that gpl software can be reproduced freely,
  while those packages (build open free sources) are not freely available. If
  indeed i missread th gpl, kde/gnomeduds can not give authorization to that
  distros to distribute their packages (something like Linus does not bother
  about binary-only kernel modules, even that it violates gpl).

 If the packages are distributed under the GPL (in some public way - say
 on an FTP site), then they have no way of doing that. If the distributor
 (say Caldera) respects the GPL (i.e: supplies the source and lets you
 re-distribute the packages themselves) then there's nothing that can
 legally been done about GPL software being a part of a proprietary
 licensed software. The only think the GPL restricts is linking against
 non-GPL compatible code.

 Linus Torvalds can allow proprietary modules for the Linux kernel, but
 someone can fork the codebase, and then decide notto allow that.
 Proprietary modules are allowed due to a general consensos among the
 kernel developers.

There is one difference between the two packages:

KDE and gnome are distributed under the gnu (L?)GPL. Anybody can
redistribute blablabla etc.

The linux kernel is licensed under a license that is not exactly the GPL.
It is the GPL with an extra clause that allows binary modules (to allow
support of certain kinds of hardware, and with certain limitations, but
this is really *not* the place to discuss them).

TurboLinux, Caldera and SuSE (I don't know about Connectiva) redistribute
GPLed software, BUT...

They also bundle this software with their own installers (that probably do
a pretty good job, otherwise people woldn't have bought them). The whole
distribution is not published under the GPL or any similar license.

So legally all they have to make sure is that all of their packages (or at
least, the GPLed and LGPLed ones), including the source, are publicly
available from their FTP site (they actually could get away with less,but
there are practical reason for that)

Don't like this? choose a different distro. Mandrake, Redhat and Debian,
for instance, are distros that are completely free (installer and
packageing under the GPL or something very similar).

-- 
Tzafrir Cohen
mailto:[EMAIL PROTECTED]
http://www.technion.ac.il/~tzafrir



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Re: GPL Nuances [was Re: RMS is back again]

2002-06-01 Thread Moshe Zadka

On Sat, 1 Jun 2002, Shlomi Fish [EMAIL PROTECTED] wrote:

  Don't like this? choose a different distro. Mandrake, Redhat and Debian,
..
 Some of the software contained in those distributions is not free (e.g:
 Netscape 4.72). But the distribution as a whole is.

I don't know about Mandrake/Red Hat, but this is simply not true for Debian.
The Debian operating system *does not* include any non-DFSG (Debian Free
Software Guidelines) Free software. If such software allows redistribution,
Debian allows it to be uploaded to non-free as a service to our users. However,
this does *not* mean that it somehow becomes a part of the Debian operating
system. Only what is in main and main/non-US is a part of the Debian operating
system.

Here is a quote from the Debian Social Contract, available at
http://www.debian.org/social_contract

'''
1. Debian Will Remain 100% Free Software
   We promise to keep the Debian GNU/Linux Distribution entirely free
   software. As there are many definitions of free software, we
   include the guidelines we use to determine if software is free
   below. We will support our users who develop and run non-free
   software on Debian, but we will never make the system depend on an
   item of non-free software.
 ...
5. Programs That Don't Meet Our Free-Software Standards
   We acknowledge that some of our users require the use of programs
   that don't conform to the Debian Free Software Guidelines. We
   have created contrib and non-free areas in our FTP archive for
   this software. The software in these directories is not part of
   the Debian system, although it has been configured for use with
   Debian.
'''

The DFSG is available at the same URL.

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RMS is back again

2002-05-31 Thread Eliran



Well, here is another response of Richard M. 
Stallman the FSF founder.

Now he condemns the UnitedLinux 
(Suse, Turbo Linux, Mandrake and others joined forces).

What next ?
Regards,
Eliran


Re: RMS is back again

2002-05-31 Thread Diego Iastrubni

job job, someone has to speak for those who cannt ('cause they are coding too 
much) He _is_ right. The day this will happen a big part of freedom will be 
ported to win32 platform.

 - diego

On Friday 31 May 2002 22:29, Eliran wrote:
 Well, here is another response of Richard M. Stallman the FSF founder.

 Now he condemns the UnitedLinux (Suse, Turbo Linux, Mandrake and others
 joined forces).

 What next ?

 Regards,
 Eliran

-- 
The Rabbits The Cow
Here is a verse about rabbits   The cow is of the bovine ilk;
That doesn't mention their habits.  One end is moo, the other, milk.
-- Ogden Nash


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Re: RMS is back again

2002-05-31 Thread Christoph Bugel

On 2002-05-31, Eliran wrote:
 Well, here is another response of Richard M. Stallman the FSF founder.
 
 Now he condemns the UnitedLinux (Suse, Turbo Linux, Mandrake and others joined 
forces).
 
 What next ?

Maybe you should explain *why* you disagree with RMS.
I think RMS is right.

BTW, Mandrake is not part of UL.

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Re: RMS is back again

2002-05-31 Thread Shlomi Fish

On Fri, 31 May 2002, Diego Iastrubni wrote:

 job job, someone has to speak for those who cannt ('cause they are coding too
 much) He _is_ right. The day this will happen a big part of freedom will be
 ported to win32 platform.


It is legally possible to port GPLed software to Win32. In fact, this has
happened with Cygnus and Friends. This is in a similar spirit to the fact
that GPLed software can be run on proprietary UNIXes.

The way I see it, RMS speaks only for himself. Some people agree with him
or with some things he says; others, like me, usually don't. But there's a
difference between a leader and a spokesperson.

Regards,

Shlomi Fish

  - diego

 On Friday 31 May 2002 22:29, Eliran wrote:
  Well, here is another response of Richard M. Stallman the FSF founder.
 
  Now he condemns the UnitedLinux (Suse, Turbo Linux, Mandrake and others
  joined forces).
 
  What next ?
 
  Regards,
  Eliran

 --
 The Rabbits   The Cow
 Here is a verse about rabbits The cow is of the bovine ilk;
 That doesn't mention their habits.One end is moo, the other, milk.
   -- Ogden Nash


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--
Shlomi Fish[EMAIL PROTECTED]
Home Page: http://t2.technion.ac.il/~shlomif/
Home E-mail:   [EMAIL PROTECTED]

Let's suppose you have a table with 2^n cups...
Wait a second - is n a natural number?


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Re: RMS is back again

2002-05-31 Thread Diego Iastrubni

On Saturday 01 June 2002 02:41, Shlomi Fish wrote:
 On Fri, 31 May 2002, Diego Iastrubni wrote:
  job job, someone has to speak for those who cannt ('cause they are coding
  too much) He _is_ right. The day this will happen a big part of freedom
  will be ported to win32 platform.

 It is legally possible to port GPLed software to Win32. In fact, this has
 happened with Cygnus and Friends. This is in a similar spirit to the fact
 that GPLed software can be run on proprietary UNIXes.
i was joking. what i meant was that gpl software can be reproduced freely, 
while those packages (build open free sources) are not freely available. If 
indeed i missread th gpl, kde/gnome duds can not give authorization to that 
distros to distribute their packages (something like Linus does not bother 
about binary-only kernel modules, even that it violates gpl). what will be 
next: per seat or per server licenses in kcontrol?

talking about free win32 software: here is the url for kde 2.2 for windows 
(beta 1): 
http://kde-cygwin.sourceforge.net

 - diego

-- 
Disclaimer: These opinions are my own, though for a small fee they be
yours too.
-- Dave Haynie


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Re: RMS is back again

2002-05-31 Thread Tzafrir Cohen

On Fri, 31 May 2002, Eliran wrote:

 Well, here is another response of Richard M. Stallman the FSF founder.

 Now he condemns the UnitedLinux (Suse, Turbo Linux, Mandrake and others
 joined forces).

Let's get some facts straight first:

SuSE, TurboLinux, Caldera and Conectiva (not Mandrake) recently annonced
UnitedLinux:

  http://unitedlinux.com

There are still many unclear things about this new distribution.

From what I understand this is going to be a core of a distribution,
rather than a complete distribution. Each of the four companies will
add value to its version and market it seperately.

Currently Caldera licenses its OpenLinux distribution in a per-seat
license, and there were some hints that this would be the chosen (or
preffered?) license for the new distribution. This got RMS very upset,
and hence his remarks.

RMS here is in his usual role of a watchdog. It is possible that he is
barking too soon, though.

-- 
Tzafrir Cohen
mailto:[EMAIL PROTECTED]
http://www.technion.ac.il/~tzafrir



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