"USB subsystem maintainer" is a former IBM's LTC lunatic (now works for Novell): <www.kroah.com/log/linux/ols_2006_keynote.html>.
------ DRM "Misunderstood" Authored by: Arker on Friday, July 28 2006 @ 09:05 PM EDT You started the project, you're well respected, and your opinion carries a lot of weight. But it's not the only opinion that matters. YOU deliberately made sure of that, when you decided NOT to ask for copyright assignments from contributors, but only licensing. You only hold copyright on code you actually wrote, by your own design, because you were smart enough to see from the beginning that you didn't want absolute power. It's time for you to remember why you made that decision. And while we're all clear that you don't see why Tivo is a bad thing, I think when you go on to say or imply that the bulk of linux contributors agree with you you're simply and flatly wrong. I've lurked on your mailing lists long enough to know that many major kernel contributors disagree with you on this, to one extent or another. And remember, by your own decision, their voices are important too. Many read the GPL v2, the license under which they've contributed their work already, to prohibit this as is, and see v3 as simply clarifying what is already said. I think this is a fair understanding of the opinion of your USB subsystem maintainer, for example, though I haven't heard him address v3 he's certainly strongly on record in the context of v2 already outlawing much of what you see as ok. And he's NOT a minor contributor by any stretch of the imagination, nor is he lacking in support from other contributors from what I've seen. Now, on the Tivo thing, I can see where you're coming from. You're focusing (naturally enough) on your primary role, as developer. Tivo gives you personally what you want - they give you the code. From your point of view, that's the quid pro quo, and it's done, and fair, am I right? What I'm going to ask you to do, however, is to think for a moment of yourself, not as a developer, but as a user, of software. Tivo sells you a free-software based machine, but denies you the rights that you believe you have to control that machine that you own. You have a right to study and _alter_ the way it operates, but the Tivo is deliberately designed to prevent you from doing that. Surely you can understand that, and I'm guessing (from reading your words over the years) your reply will say 'so don't buy it.' Am I right? Now I tend to agree with that, but I think there's still one more piece of the puzzle that needs to be understood here, and it goes back to my first comments regarding the other kernel developers, not all of whom agree with you on this. They didn't assign their copyright to you, remember, by your choice and for good reason. They simply licensed it under the GPL. I think it's fair to say, whatever the exact proportion may be, that at least a significant portion of kernel contributors understood this license to forbid what Tivo is doing. Because the license is quite clearly focused on *user* freedom, not on developers quid pro quo. This is no mystery, this can be no surprise, RMS and the FSF have been in-your-face clear on this from day one, and it's clear if all you have to read is the license itself. It's a license designed to ensure freedom for the _user_ of the software. So whatever a court would actually rule on the subject (we'll never know unless it happens) it's far from unreasonable to think that much of the kernel code was contributed under the understanding what Tivo is doing would not be allowed. Even if you, as a developer, are happy with the situation, that doesn't mean all developers are. And what Tivo is doing is giving you what you want, so you'll leave them alone to strip their customers, the actual users of the devices they sell, of their essential rights. That may not be how you see it, but it is how some other linux copyright holders see it, and it's how a quite substantial portion of the larger FOSS community sees it. I think you made the decision NOT to take copyright assignments based on exceptionally good judgement. It's not a common thing to be so aware you realise you can make mistakes too. In the past you've revealed that exceptional quality in yourself, however, and this may well be a good occasion to do it again. And, btw, thanks for all the work you've done. I think it goes without saying that we all appreciate it very much, but it might be nice to hear it still. ------ regards, alexander. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
