> Date: Thu, 16 Apr 2009 09:41:04 PDT
> To: [email protected]
> From: "J.C. Roberts" <[email protected]>
> Subject: AHCI License?
>
> I was looking into AHCI stuff this morning and found something kinda
> disturbing, namely the fact Intel requires a license for AHCI. The real
> trouble is I can't tell if they *only* require it for hardware/chips,
> or if the require the license universally i.e. including the OpenBSD
> software support for AHCI.
>
> Where would a virtualized HBA supporting AHCI fall on the infamous
> hardware/software dividing line?
>
> If anyone would be kind enough to beat me with a lawyer clue stick, it
> would be much appreciated.
>
> -jcr
Lawyers like to make claims that are as sweeping as possible.
There are lots of business/legal reasons for this. Ask
a lawyer if you really want to know why.
There's a fair amount of US case law regarding "look-alike"
implementations of hardware and software. Again,
if you want the "full scoop" talk to a lawyer. Or several.
This is definitely a matter of continuing controversy - see
previous paragraph.
As a practical matter, I think this is true:
the *names* of things can be protected as trademarks
the *documentation* of things can be protected via copyright
*access* to documentation can be controlled via licensing
some companies like evil licensing, including nda's,
contractual entanglements, etc.
*novel ideas* can be protected via patent.
*paper forms* and similar interfaces cannot be
protected by any of the above
So AHCI is a trademark.
AHCI proper, as an interface, looks and acts like a "paper form".
So I think you can implement something that looks as much like
AHCI as you care -- provided you don't call it AHCI, don't
use any unobvious ideas, and haven't signed any evil licensing.
You might succeed in calling a virtual software interface AHCI
compatible if it doesn't use hardware, provided you aren't
obviously competing with Intel, and that their lawyers don't
take offense. Given that Intel sells chips that implement VMD,
it doesn't appear to make business sense for them to object.
Since I'm not a lawyer, my advice is of course worth every penny
you paid me. :-)
-Marcus
