> Gesendet: Mittwoch, 28. Januar 2015 um 15:07 Uhr > Von: Simo <[email protected]> > An: "Namjae Jeon" <[email protected]> > Cc: [email protected], [email protected] > Betreff: Re: The patents and license issue from microsoft regarding SMB > implementation(GPL) > > On Wed, 2015-01-28 at 11:24 +0900, Namjae Jeon wrote: > > Hi Folks, > > > > I am planning to develop smb server for Linux kernel. > > Before starting on implemntation, want to clear patent related issue > > to know if it is legal to develop or not. >
legal : maybe - without sign patent licenses agreements : allmost not. > I have no idea about legal implications, and you'll get no answers here > for sure. Ask a lawyer. We can probably suggest a lawyer to consult with > if your lawyer needs help. > - M$ owns most of the smb Protokoll patents as they developed them.. - SUN/oracle and its today owner have an Comercial KERNEL based smb server implementaion with solaris 10 and own a LOT of patents on that. - humingbird , novel and other Imprementations owns some smb suff as well.. > That said, an in kernel smb server is not really a bright idea, I would > think hard before going there, Solaris tried, went nowhere quickly. > > Even if you get the SMB part of the protocols in kernel, you'll need so > many userspace helpers it is not even funny. > Better time would be spent analyzing what features in the kernel would > make Samba faster and use Samba. > > Simo. > > > When referring to the SAMBA site > > (https://www.samba.org/samba/PFIF/PFIF_history.html), I can see that there > > are > > a lot of legal obligations from the past. Like SAMBA, I also am just > > referring the Microsoft SPEC, while the implementation is all together > > different > > due to obvious reasons (in-kernel implementation). > > As there is already an in kernel CIFS client, maybe CIFS developers had the > > same > > concern when developing CIFS client for Linux kernel ? CIFS is m$ in clear words SMB protocoll based. Therefore fall under the M$ license rules . the Cifs client are an orign reverse engeneered software... > > But I'm not sure about the actual violation part. > > Maybe, I am wondering two problem. > > 1. When referring the Microsoft patent list, CIFS(SMB) and SMB2.0, > > Microsoft have raised patent applications but this overall seems to be > > about the implementation part. So, any implementation done on linux > > with SMB specifications in mind and not following the approach of > > Microsoft > > should not infringe any patents ? ask an very excelent patent laywer not samba-list and get probably in Touch with samsung´s laywers :) > > 2. While Samba have shifted to the GPLv3 with their newer version, but > > I intend to make GPLv2.0 SMB server in kernel. > > So implementation for this should not cause any license issues ? > > > > Can you please help us in clearing the doubts ? > > > > Thanks. > > > > -- > > To unsubscribe from this list: send the line "unsubscribe linux-cifs" in > > the body of a message to [email protected] > > More majordomo info at http://vger.kernel.org/majordomo-info.html > > > -- > Simo Sorce > > regards
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