Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-05-26 Thread Alexandre Oliva
On Mar  8, 2019, "Maciej W. Rozycki"  wrote:

>  Anyway I meant: does `war_io_reorder_wmb' expand to `wmb' on your system?

No, it expands to `barrier' on the yeeloong:

CONFIG_CPU_LOONGSON2F=y
CONFIG_CPU_LOONGSON2F_WORKAROUNDS=y
CONFIG_CPU_LOONGSON2=y
CONFIG_SYS_HAS_CPU_LOONGSON2F=y


I've finally managed to do the bisection on object files I mentioned I'd
do to try to pinpoint where __BUILT_IOPORT_PFX with barrier rather than
!barrier regressed.

I found that forcing barrier off for drivers/irqchip/irq-i8259 was
enough to avoid the problem.

(I further narrowed it down to byte I/O, which is no surprise
considering irq-i8259 doesn't seem to use any non-byte I/O.)

Then I narrowed it down to output only.

A Loongson2F kernel built with the patch below works at normal speed.
I've also keyed the -1 barrier selector to compiling the irq-i8259
driver only, and that got me a functional kernel, but I'm not confident
that the same issues that affect the interrupt controller, preventing it
from initializing correctly, is not also affecting other drivers, just
in less visible ways, so the patch conservatively reverts to the older
barriers for all I/O (i.e., non-mem) out primitives.

I've tested this on a yeeloong on top of v5.1.5.

I'm tempted to start using this patch in my Freeloong builds of GNU
Linux-libre for gnewsense/yeeloong of 5.0 and 5.1 stable releases, to
try to make them usable.  Can anyone suggest any reason why it might be
risky to do so, moving on as much as I could to the new barriers,
sticking to the 4.19-one only for non-mem out?  As in, could mixing the
barriers be riskier than reverting to the 4.19 barriers everywhere?

Thanks in advance for any insights and recommendations,


diff --git a/arch/mips/include/asm/io.h b/arch/mips/include/asm/io.h
index 845fbbc7a2e3..04be4758d4ff 100644
--- a/arch/mips/include/asm/io.h
+++ b/arch/mips/include/asm/io.h
@@ -416,7 +416,7 @@ static inline void pfx##out##bwlq##p(type val, unsigned 
long port)  \
volatile type *__addr;  \
type __val; \
\
-   if (barrier)\
+   if (barrier > 0)\
iobarrier_rw(); \
else\
war_io_reorder_wmb();   \
@@ -467,13 +467,22 @@ BUILDIO_MEM(w, u16)
 BUILDIO_MEM(l, u32)
 BUILDIO_MEM(q, u64)
 
-#define __BUILD_IOPORT_PFX(bus, bwlq, type)\
-   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 1, 0,)   \
-   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 1, 0, _p)
+#define __BUILD_IOPORT_PFX(bus, bwlq, type, barrier)   \
+   __BUILD_IOPORT_SINGLE(bus, bwlq, type, barrier, 0,) \
+   __BUILD_IOPORT_SINGLE(bus, bwlq, type, barrier, 0, _p)
+
+/* Choose the kind of barrier used for out in __BUILD_IOPORT_SINGLE in
+   non-__mem_ variants.  On Loongson2F, irq-i8259 fails to initialize
+   when this is defined to 1.  */
+#if defined(CONFIG_CPU_LOONGSON2)
+#define USE_IO_BARRIER_FOR_NON_MEM_OUT -1
+#else
+#define USE_IO_BARRIER_FOR_NON_MEM_OUT 1
+#endif
 
 #define BUILDIO_IOPORT(bwlq, type) \
-   __BUILD_IOPORT_PFX(, bwlq, type)\
-   __BUILD_IOPORT_PFX(__mem_, bwlq, type)
+   __BUILD_IOPORT_PFX(, bwlq, type, USE_IO_BARRIER_FOR_NON_MEM_OUT) \
+   __BUILD_IOPORT_PFX(__mem_, bwlq, type, 2)
 
 BUILDIO_IOPORT(b, u8)
 BUILDIO_IOPORT(w, u16)


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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-03-07 Thread Alexandre Oliva
On Mar  7, 2019, "Maciej W. Rozycki"  wrote:

>  So this seems backwards to me, port I/O is supposed to be strongly 
> ordered, so if removing the ordering guarantee "fixes" your problem, then 
> there must be a second bottom here.

Well, it partially restores the earlier state, so the actual bug goes
back to latent.  We just have to find out what it is.  My plan, in the
next time slot I can devote to this investigation, is to try to bisect
source files that use these interfaces to identify a minimal set that
can switch to the new barriers without breaking anything, then report
back after failing to make sense of it myself ;-)  So, yeah, several
more bottoms to dig through.

> Does your platform use `war_io_reorder_wmb'?

Err...  I'm not sure I understand your question.

It uses it in __BUILD_IOPORT_SINGLE within the expanded out function,
given !barrier, but you already knew that.

Did you mean to ask what war_io_reorder_wmb expand to, or whether there
are other uses of war_io_reorder_wmb, or what?

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-03-07 Thread Alexandre Oliva
On Mar  7, 2019, Aaro Koskinen  wrote:

> Hi,
> On Thu, Mar 07, 2019 at 03:41:01AM -0300, Alexandre Oliva wrote:
>> On Feb 17, 2019, "Maciej W. Rozycki"  wrote:
>> 
>> >  Is there an MMIO completion barrier missing there somewhere by any chance 
>> > causing an IRQ that has been handled already to be redelivered because an 
>> > MMIO write meant to clear the IRQ at its origin at handler's completion 
>> > has not reached its destination before interrupts have been reenabled in 
>> > the issuing CPU?  Just a thought.
>> 
>> I've finally got a chance to bisect the IRQ14 (nobody cared) regression
>> on my yeeloong.  It took me to MIPS: Enforce strong ordering for MMIO
>> accessors (commit 3d474dacae72ac0f28228b328cfa953b05484b7f).

> This is interesting, thanks for the research, but I'm afraid it doesn't seem
> to be the root cause.

Oh, I didn't mean to offer anything definitive, just to report the
findings of my investigation so far, since I had no clue when I'd find
another significant time slot to get back onto it.

> Could you check your /proc/interrupts counters after the boot with
> your change?

16k to 18k interrupts after booting up into multi-user mode, including
some idle time (and possibly anacron jobs) in the case that got more
interrupts.  That's not unlike what I get with 4.19.26-gnu.

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-03-06 Thread Alexandre Oliva
On Feb 17, 2019, "Maciej W. Rozycki"  wrote:

>  Is there an MMIO completion barrier missing there somewhere by any chance 
> causing an IRQ that has been handled already to be redelivered because an 
> MMIO write meant to clear the IRQ at its origin at handler's completion 
> has not reached its destination before interrupts have been reenabled in 
> the issuing CPU?  Just a thought.

I've finally got a chance to bisect the IRQ14 (nobody cared) regression
on my yeeloong.  It took me to MIPS: Enforce strong ordering for MMIO
accessors (commit 3d474dacae72ac0f28228b328cfa953b05484b7f).

I've only just started trying to figure out what exactly in the change
leads to problems.  So far, I've determined that changing both uses of
__BUILD_IOPORT_SINGLE so that barrier is passed as 0 rather than 1
removes the undesirable effects, both on top of that patch, and on top
of v5.0:

 #define __BUILD_IOPORT_PFX(bus, bwlq, type)\
-   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 1, 0,)   \
-   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 1, 0, _p)
+   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 0, 0,)   \
+   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 0, 0, _p)
 

Since the barriers didn't seem to be a problem for __BUILD_MEMORY_PFX, I
figured I'd try to enable barriers in the __mem_ variants, but leave
them alone for io, and that worked (without hitting the IRQ14 issue) at
least on the yeeloong:

diff --git a/arch/mips/include/asm/io.h b/arch/mips/include/asm/io.h
index 845fbbc7a2e34..0a3a327d4e764 100644
--- a/arch/mips/include/asm/io.h
+++ b/arch/mips/include/asm/io.h
@@ -467,13 +467,13 @@ BUILDIO_MEM(w, u16)
 BUILDIO_MEM(l, u32)
 BUILDIO_MEM(q, u64)
 
-#define __BUILD_IOPORT_PFX(bus, bwlq, type)\
-   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 1, 0,)   \
-   __BUILD_IOPORT_SINGLE(bus, bwlq, type, 1, 0, _p)
+#define __BUILD_IOPORT_PFX(bus, bwlq, type, barrier)   \
+   __BUILD_IOPORT_SINGLE(bus, bwlq, type, barrier, 0,) \
+   __BUILD_IOPORT_SINGLE(bus, bwlq, type, barrier, 0, _p)
 
 #define BUILDIO_IOPORT(bwlq, type) \
-   __BUILD_IOPORT_PFX(, bwlq, type)\
-   __BUILD_IOPORT_PFX(__mem_, bwlq, type)
+   __BUILD_IOPORT_PFX(, bwlq, type, 0) \
+   __BUILD_IOPORT_PFX(__mem_, bwlq, type, 1)
 
 BUILDIO_IOPORT(b, u8)
 BUILDIO_IOPORT(w, u16)

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-02-17 Thread Alexandre Oliva
On Feb 17, 2019, Aaro Koskinen  wrote:

> I tested few older kernels, and it seems that the spurious IRQ issue has
> been always there after switching to libata (commit 7ff7a5b1bfff). It has
> been unnoticed as the 10 irq limit wasn't reached during boot.

I see, thanks.  That would probably make it hard to bisect indeed.

>> The kernel still disables irq14 early on, and then runs slow.

> This hack works only for CONFIG_PATA_CS5536. You are probably using PATA_AMD.

That's a reasonable guess, but I don't think so.  I do have PATA_AMD
enabled as a module indeed, but it's not even loaded, much as I can
tell, whereas PATA_CS5536 is built into the kernel image, and dmesg
says:

[4.46] scsi host0: pata_cs5536
[4.464000] scsi host1: pata_cs5536
[4.464000] ata1: PATA max UDMA/100 cmd 0x1f0 ctl 0x3f6 bmdma 0x4c60 irq 14
[4.464000] ata2: DUMMY
[4.464000] pcnet32: [...]
[4.644000] random: [...]
[5.908000] irq 14: nobody cared (try booting with the "irqpoll" option)


Just to be sure, I added some printks to cs5536_noop_freeze, and here's
what I got in dmesg instead:

[4.452000] pata_cs5536: freeze: checking status...
[4.452000] pata_cs5536: freeze: checked, clearing...
[4.452000] pata_cs5536: freeze: cleared
[4.46] scsi host0: pata_cs5536
[4.464000] scsi host1: pata_cs5536
[4.464000] ata1: PATA max UDMA/100 cmd 0x1f0 ctl 0x3f6 bmdma 0x4c60 irq 14
[4.464000] ata2: DUMMY
[4.464000] pcnet32: [...]
[4.468000] pata_cs5536: freeze: checking status...
[4.468000] pata_cs5536: freeze: checked, clearing...
[4.468000] pata_cs5536: freeze: cleared
[4.652000] random: [...]
[5.92] irq 14: nobody cared (try booting with the "irqpoll" option)

now, maybe I just don't understand what effects the patch was supposed
to have.

The system still feels very slow, but I haven't timed anything; could it
be that it had the effect of keeping the IRQ functional after all, but
5.0-rc6 is slower than earlier kernels for other reasons?  Like,
/proc/irq/14/pata_cs5536/ is there, but I haven't checked whether it was
there before the patch.

Do you suggest any way to tell whether it had the intended effect?

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-02-16 Thread Alexandre Oliva
On Feb 11, 2019, Aaro Koskinen  wrote:

> ATA (libata) CS5536 driver is having issues with spurious IRQs and often
> disables IRQs completely during the boot. You should see a warning
> in dmesg. This was the reason for slowness on my FuLoong mini-PC. A
> workaround is to switch to old IDE driver.

Thanks.  I see a NIEN quirk in ide-iops.c that's enabled for the hard
drive model I've got on my yeeloong, but that's not even compiled in my
freeloong builds.  I don't see any changes in libata between 4.19 and
4.20 that could explain the regression either.

I'm afraid there's no observable change in behavior after installing the
proposed patch at
https://lore.kernel.org/linux-mips/20190106124607.gk27...@darkstar.musicnaut.iki.fi/

The kernel still disables irq14 early on, and then runs slow.


Tom, why do you say bisecting this is impossible?  I realize you wrote
you did so for 24 hours non-stop, but...  I'm curious as to what
obstacles you ran into.  It's such a reproducible problem for me that I
can't see how bisecting it might be difficult.

Or were by any chance you talking about the reboot/shutdown problem
then?

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-02-16 Thread Alexandre Oliva
On Feb 11, 2019, Tom Li  wrote:

> We've just identified and confirmed the source of the shutdown problem a
> few days ago on this mailing list.

> You can pick up the patch from:
> https://lore.kernel.org/lkml/20190207205812.ga11...@darkstar.musicnaut.iki.fi/

> A patch has been authored and submitted by Aaro Koskinen, but currently it
> seems stuck in the mailing list because the maintainer worries about 
> regression
> and asks for testing on more MIPS systems, although we believe it's a trivial
> patch.

Thanks.  I've just brought it into my local copies of loongson-community
branches for 4.4, 4.9, 4.14, 4.19, and 4.20, and master, after verifying
that it enables at least 4.19, 4.20 and master to reboot without a power
cycle, and I'll include it in upcoming freeloong builds, except for 3.16
and 3.18, where it doesn't apply.


> In addition, I've discovered and fixed another bug preventing the machine from
> shutting down, this patch has already merged into the Linus tree.

> https://git.kernel.org/pub/scm/linux/kernel/git/torvalds/linux.git/commit/?id=8a96669d77897ff3613157bf43f875739205d66d

Hmm, I don't think I've ever hit this one.  Do you happen to know how
far back it might be needed?


> I'll continue working on upstreaming these out-of-tree drivers as my personal
> project. I hope you'll be able to use a fully-functional machine with the 
> mainline
> kernel soon, my current target is Linux 5.3.

Thanks!

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-02-16 Thread Alexandre Oliva
On Feb 11, 2019, Aaro Koskinen  wrote:

> ATA (libata) CS5536 driver is having issues with spurious IRQs and often
> disables IRQs completely during the boot. You should see a warning
> in dmesg.

Yup, thanks, it shows up first thing during boot.  I hadn't seen that
one in a while.  Thanks.

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-02-11 Thread Alexandre Oliva
On Feb 11, 2019, Tom Li  wrote:

> What is the current link to your repository? 

git://dev.lemote.com/linux-loongson-community.git

I use a different git URL to push stuff, so I wouldn't have noticed if
the above was gone, but I've just tried to git clone form the above and
it seems to remain functional.

> We've just identified and confirmed the source of the shutdown problem a
> few days ago on this mailing list. It's related to a PREEMPT race condition
> in the cpufreq framework that triggers a timing-dependent, probabilistic
> lockup in the i8259 PIC driver. And it was first noticed by Ville Syrjälä
> on a x86 system, my debugging rediscovered his findings.

Oooh, thanks for the links.

>> and, more recently, a very slow system overall, that's been present since
>> 4.20.

> The mainline framebuffer driver doesn't have any hardware drawing, printing
> even a single line on the console is required a full screen redraw via memory-

That doesn't seem to explain even a quiet boot up taking several times
longer than 4.19, and package installation over an ethernet connection
(thus not using the console) also taking several times longer.

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Re: [RFC] On the Current Troubles of Mainlining Loongson Platform Drivers

2019-02-11 Thread Alexandre Oliva
On Feb  8, 2019, Tom Li  wrote:

> found Alexandre Oliva has stopped maintaining his tree

?!?

I still merge and tag every one of Torvalds' and Greg KH's releases into
the loongson-community tree, resolving trivial conflicts and trying to
verify that it at least builds and passes a smoke test on actual
hardware (after Linux-libre deblobbing, but still).

Occasionally I notice problems and I try to investigate through
bisecting, but, not being a real Linux developer, I seldom get much
further than that.

Two issues that bother me a bit are frequent failure to reboot/poweroff,
that's been around since around 4.10, and, more recently, a very slow
system overall, that's been present since 4.20.  I haven't checked
whether they're caused by changes in the loongson-community tree that I
still carry, or if they're already present in upstream releases.

I've already tried to bisect the former, but since the issue is
intermittent, that proved to be too tricky and time-consuming for me.

I haven't tried to bisect the latter yet.


I've considered leaving the loongson-community tree behind and using
upstream releases, but every time I was about to do that, something else
came up that led me to keep at it.  I think the last such occurrence was
the removal of the video driver (later reintroduced as a new driver).
So I've kept at it ;-)

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Re: [PATCH] cpufreq: loongson2_cpufreq: don't declare local variable as static

2014-04-04 Thread Alexandre Oliva
On Apr  3, 2014, Viresh Kumar  wrote:

> On 3 April 2014 18:10, Alexandre Oliva  wrote:
>> FWIW, the same mistake is present in at32.

> I will check others as well now :)

Thanks!

>> Reverting all the changes to loongson2_cpufreq.c in 652ed95d5fa makes
>> cpufreq work again, as opposed to printing nan% in all cpufreq stats in
>> cpufreq-info's output, and freezing shortly thereafter.

> You must have a look at this:

> https://lkml.org/lkml/2014/4/2/426 : [PATCH] MIPS/loongson2_cpufreq:
> fix CPU clock rate setting

Thanks, I confirm that patch is enough to avoid the symptoms I'd
described.

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Re: [PATCH] cpufreq: loongson2_cpufreq: don't declare local variable as static

2014-04-04 Thread Alexandre Oliva
On Apr  3, 2014, Viresh Kumar viresh.ku...@linaro.org wrote:

 On 3 April 2014 18:10, Alexandre Oliva ol...@gnu.org wrote:
 FWIW, the same mistake is present in at32.

 I will check others as well now :)

Thanks!

 Reverting all the changes to loongson2_cpufreq.c in 652ed95d5fa makes
 cpufreq work again, as opposed to printing nan% in all cpufreq stats in
 cpufreq-info's output, and freezing shortly thereafter.

 You must have a look at this:

 https://lkml.org/lkml/2014/4/2/426 : [PATCH] MIPS/loongson2_cpufreq:
 fix CPU clock rate setting

Thanks, I confirm that patch is enough to avoid the symptoms I'd
described.

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Re: [PATCH] cpufreq: loongson2_cpufreq: don't declare local variable as static

2014-04-03 Thread Alexandre Oliva
On Apr  2, 2014, Viresh Kumar  wrote:

> did some changes to driver and by mistake made cpuclk as a 'static' local
> variable, which wasn't actually required. Fix it.

FWIW, the same mistake is present in at32.

I've just finished bisecting the cpufreq regression on loongson2.
Indeed, this s/static// patch does not fix it, but it was 652ed95d5fa,
the patch that moved cpuclk into loongson2_cpufreq_cpu_init, that caused
the regression.

Reverting all the changes to loongson2_cpufreq.c in 652ed95d5fa makes
cpufreq work again, as opposed to printing nan% in all cpufreq stats in
cpufreq-info's output, and freezing shortly thereafter.

> - static struct clk *cpuclk;
> + struct clk *cpuclk;

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Re: [PATCH] cpufreq: loongson2_cpufreq: don't declare local variable as static

2014-04-03 Thread Alexandre Oliva
On Apr  2, 2014, Viresh Kumar viresh.ku...@linaro.org wrote:

 did some changes to driver and by mistake made cpuclk as a 'static' local
 variable, which wasn't actually required. Fix it.

FWIW, the same mistake is present in at32.

I've just finished bisecting the cpufreq regression on loongson2.
Indeed, this s/static// patch does not fix it, but it was 652ed95d5fa,
the patch that moved cpuclk into loongson2_cpufreq_cpu_init, that caused
the regression.

Reverting all the changes to loongson2_cpufreq.c in 652ed95d5fa makes
cpufreq work again, as opposed to printing nan% in all cpufreq stats in
cpufreq-info's output, and freezing shortly thereafter.

 - static struct clk *cpuclk;
 + struct clk *cpuclk;

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Re: [3.13-rc regression] Unbreak Loongson2 and r4k-generic flush icache range

2014-01-14 Thread Alexandre Oliva
On Jan 13, 2014, Sergei Shtylyov  wrote:

> Hello.

>> Commit 14bd8c08, that replaced Loongson2-specific ifdefs with cpu tests,
>> inverted the CPU test in local_r4k_flush_icache_range.  Loongson2 won't
>> boot up using the generic icache flush code.  Presumably other CPUs
>> might face other problems when presented with Loongson2-specific icache
>> flush code too.  This patch enabled my Yeeloong to boot up successfully
>> a 3.13-rc kernel for the first time, after a long git bisect session.

>> Signed-off-by: Alexandre Oliva 

>Fix for this issue has been posted long ago:

> http://marc.info/?l=linux-mips=138575576803890

Thanks.  As long ago as that was, I still don't see it in Torvalds's
master branch.  Was a pull request including this patch ever send his
way?  Such a trivial fix for such a show-stopper shouldn't find any
difficulties making 3.13, I think.

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
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Re: [3.13-rc regression] Unbreak Loongson2 and r4k-generic flush icache range

2014-01-14 Thread Alexandre Oliva
On Jan 13, 2014, Sergei Shtylyov sergei.shtyl...@cogentembedded.com wrote:

 Hello.

 Commit 14bd8c08, that replaced Loongson2-specific ifdefs with cpu tests,
 inverted the CPU test in local_r4k_flush_icache_range.  Loongson2 won't
 boot up using the generic icache flush code.  Presumably other CPUs
 might face other problems when presented with Loongson2-specific icache
 flush code too.  This patch enabled my Yeeloong to boot up successfully
 a 3.13-rc kernel for the first time, after a long git bisect session.

 Signed-off-by: Alexandre Oliva lxol...@fsfla.org

Fix for this issue has been posted long ago:

 http://marc.info/?l=linux-mipsm=138575576803890

Thanks.  As long ago as that was, I still don't see it in Torvalds's
master branch.  Was a pull request including this patch ever send his
way?  Such a trivial fix for such a show-stopper shouldn't find any
difficulties making 3.13, I think.

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
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[3.13-rc regression] Unbreak Loongson2 and r4k-generic flush icache range

2014-01-13 Thread Alexandre Oliva
Commit 14bd8c08, that replaced Loongson2-specific ifdefs with cpu tests,
inverted the CPU test in local_r4k_flush_icache_range.  Loongson2 won't
boot up using the generic icache flush code.  Presumably other CPUs
might face other problems when presented with Loongson2-specific icache
flush code too.  This patch enabled my Yeeloong to boot up successfully
a 3.13-rc kernel for the first time, after a long git bisect session.

Signed-off-by: Alexandre Oliva 
---
 arch/mips/mm/c-r4k.c | 4 ++--
 1 file changed, 2 insertions(+), 2 deletions(-)

diff --git a/arch/mips/mm/c-r4k.c b/arch/mips/mm/c-r4k.c
index 62ffd20..1c2029d 100644
--- a/arch/mips/mm/c-r4k.c
+++ b/arch/mips/mm/c-r4k.c
@@ -580,11 +580,11 @@ static inline void local_r4k_flush_icache_range(unsigned 
long start, unsigned lo
else {
switch (boot_cpu_type()) {
case CPU_LOONGSON2:
-   protected_blast_icache_range(start, end);
+   protected_loongson23_blast_icache_range(start, end);
break;
 
default:
-   protected_loongson23_blast_icache_range(start, end);
+   protected_blast_icache_range(start, end);
break;
}
}
-- 
1.8.3.1

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
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[3.13-rc regression] Unbreak Loongson2 and r4k-generic flush icache range

2014-01-13 Thread Alexandre Oliva
Commit 14bd8c08, that replaced Loongson2-specific ifdefs with cpu tests,
inverted the CPU test in local_r4k_flush_icache_range.  Loongson2 won't
boot up using the generic icache flush code.  Presumably other CPUs
might face other problems when presented with Loongson2-specific icache
flush code too.  This patch enabled my Yeeloong to boot up successfully
a 3.13-rc kernel for the first time, after a long git bisect session.

Signed-off-by: Alexandre Oliva lxol...@fsfla.org
---
 arch/mips/mm/c-r4k.c | 4 ++--
 1 file changed, 2 insertions(+), 2 deletions(-)

diff --git a/arch/mips/mm/c-r4k.c b/arch/mips/mm/c-r4k.c
index 62ffd20..1c2029d 100644
--- a/arch/mips/mm/c-r4k.c
+++ b/arch/mips/mm/c-r4k.c
@@ -580,11 +580,11 @@ static inline void local_r4k_flush_icache_range(unsigned 
long start, unsigned lo
else {
switch (boot_cpu_type()) {
case CPU_LOONGSON2:
-   protected_blast_icache_range(start, end);
+   protected_loongson23_blast_icache_range(start, end);
break;
 
default:
-   protected_loongson23_blast_icache_range(start, end);
+   protected_blast_icache_range(start, end);
break;
}
}
-- 
1.8.3.1

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
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Re: Linux 3.12 released .. and no merge window yet .. and 4.0 plans?

2013-11-09 Thread Alexandre Oliva
On Nov  3, 2013, Linus Torvalds  wrote:

> we'll have 4.0 follow 3.19 or something like that.

> we could do a release with just stability and bug-fixes

> the reason I mention "4.0" is that it would be a lovely time to do
> that.

That sounds backwards.  .0s are known for instability and major new
features that justify the major version number bump.  A fixes-only
release would make more sense as a last breath of the 3.* series, before
(or even after?) 4.0 comes out.

One way this might work is with a shorter release cycle after 3.19, with
a fixes-only merge window, which would lead to a shorter stabilization
cycle than usual, a rock-solid 3.20 release at the end of that cycle,
during which new features would presumably have piled up for longer than
usual, so as to make for more new features in the subsequent merge
window, which would then justify a bump to 4.0.

The shorter cycle towards 3.20, which would make the 2 cycles towards
4.0 shorter than two usual cycles, may help relieve some of the pressure
to get features into 3.19, since the merge window for 4.0 won't be that
far off.

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
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Please read the FAQ at  http://www.tux.org/lkml/


Re: Linux 3.12 released .. and no merge window yet .. and 4.0 plans?

2013-11-09 Thread Alexandre Oliva
On Nov  3, 2013, Linus Torvalds torva...@linux-foundation.org wrote:

 we'll have 4.0 follow 3.19 or something like that.

 we could do a release with just stability and bug-fixes

 the reason I mention 4.0 is that it would be a lovely time to do
 that.

That sounds backwards.  .0s are known for instability and major new
features that justify the major version number bump.  A fixes-only
release would make more sense as a last breath of the 3.* series, before
(or even after?) 4.0 comes out.

One way this might work is with a shorter release cycle after 3.19, with
a fixes-only merge window, which would lead to a shorter stabilization
cycle than usual, a rock-solid 3.20 release at the end of that cycle,
during which new features would presumably have piled up for longer than
usual, so as to make for more new features in the subsequent merge
window, which would then justify a bump to 4.0.

The shorter cycle towards 3.20, which would make the 2 cycles towards
4.0 shorter than two usual cycles, may help relieve some of the pressure
to get features into 3.19, since the merge window for 4.0 won't be that
far off.

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
--
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Please read the FAQ at  http://www.tux.org/lkml/


missing sources for generated files in drivers/gpu/drm/msm

2013-10-30 Thread Alexandre Oliva
Hi,

Before getting to $SUBJECT, some context and a request for information:
drivers/gpu/drm/msm/ got my attention while preparing the upcoming
3.12-gnu release of GNU Linux-libre.  It names some firmware files that
I couldn't locate to determine whether or not they're Free Software.  I
failed to find links to them in the documentation or even in comments,
and the files don't seem to be present in the linux-firmware git
repository either.  I'd appreciate some information about a300_pm4.fw,
a300_pfp.fw, a330_pm4.fw and a330_pfp.fw, such as where they can be
obtained, how they're licensed, and whether their sources are available.


While looking for the info above in the 3.12-rc7 source tree, I noticed
a number of *.xml.h files in drivers/gpu/drm/msm/*/ that claim to be
generated files (i.e., they're not sources per the GPL), and that point
to a git repository that seems to have moved:

  This file was generated by the rules-ng-ng headergen tool in this git 
repository:
  http://0x04.net/cgit/index.cgi/rules-ng-ng
  git clone git://0x04.net/rules-ng-ng

In the commit message, I could find a note pointing at
  https://github.com/freedreno/envytools

I suppose that's where the repo mentioned in comments moved to.

It would surely be desirable to adjust the links so that people who get
the linux tarball can find the tool.  AFAICT, rerunning the headergen
program, as it is in the envytools repo above, will generated them with
the updated URLs.


However, the more serious concern in my mind is that, as the Linux
tarballs stand, they are not compliant with the GPL, and they induce
others to fail to comply with it in other ways, detailed below.

The direct non-compliance is the lack of corresponding sources for these
*.xml.h (because the links to them are broken) and of scripts to control
the compilation of the original xml files into *.xml.h (I don't see them
even after locating the moved repository; I'm not even sure it's
headergen program that should be used to convert the .xml files into
.xml.h).

The inducement problem is that, because generated files are included in
what most people presume to be the source tarball, without their
corresponding sources, anyone who wishes to distribute binary versions
of Linux under §3a of the GPL, so as to immediately satisfy all of their
obligations under the GPL, will fail to do if they just accompany the
binary with the Linux “source” tarball.  In order to satisfy the
requirements of GPLv2 under §3a, they'd have to distribute, along with
the Linux “source” tree, the xml files from the envytool repository, as
they were when the *.xml.h files were generated.

Failure to do so could be quite inconvenient, or even construed as
copyright infringement, should a distributor be unwilling or unable to
satisfy their obligations under §3b or §3c of the GPL when prompted to
provide the corresponding sources (the xml files and scripts used to
turn them into xml.h files), for example, because the repository
containing them moved again or became inaccessible.

In order to avoid this problem, it would be ideal if the xml files, and
a script that runs the conversion program to .xml.h, could be included
in the Linux repository proper.

I realize that neither the xml.h files nor the xml files they're
generated from are licensed under the GPL, but rather under a far more
permissive license.  While this could alleviate some of the concern if
the files were distributed separately, once the files are distributed as
part of Linux, as they are, they are distributed under the GPL, and so
distributors must satisfy the requirements of the GPL when
redistributing them.


I hope you'll agree these are real and serious problems, that they're
trivial to fix, and so that they can be fixed in time for 3.12.


Does anyone know of other such cases of generated files without
corresponding sources in the Linux repository, aside from the various
well-known blobs within the firmware/ subtree and the assorted
blobs-disguised-as-sources that still often pop up in drivers/staging?

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
--
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
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Please read the FAQ at  http://www.tux.org/lkml/


missing sources for generated files in drivers/gpu/drm/msm

2013-10-30 Thread Alexandre Oliva
Hi,

Before getting to $SUBJECT, some context and a request for information:
drivers/gpu/drm/msm/ got my attention while preparing the upcoming
3.12-gnu release of GNU Linux-libre.  It names some firmware files that
I couldn't locate to determine whether or not they're Free Software.  I
failed to find links to them in the documentation or even in comments,
and the files don't seem to be present in the linux-firmware git
repository either.  I'd appreciate some information about a300_pm4.fw,
a300_pfp.fw, a330_pm4.fw and a330_pfp.fw, such as where they can be
obtained, how they're licensed, and whether their sources are available.


While looking for the info above in the 3.12-rc7 source tree, I noticed
a number of *.xml.h files in drivers/gpu/drm/msm/*/ that claim to be
generated files (i.e., they're not sources per the GPL), and that point
to a git repository that seems to have moved:

  This file was generated by the rules-ng-ng headergen tool in this git 
repository:
  http://0x04.net/cgit/index.cgi/rules-ng-ng
  git clone git://0x04.net/rules-ng-ng

In the commit message, I could find a note pointing at
  https://github.com/freedreno/envytools

I suppose that's where the repo mentioned in comments moved to.

It would surely be desirable to adjust the links so that people who get
the linux tarball can find the tool.  AFAICT, rerunning the headergen
program, as it is in the envytools repo above, will generated them with
the updated URLs.


However, the more serious concern in my mind is that, as the Linux
tarballs stand, they are not compliant with the GPL, and they induce
others to fail to comply with it in other ways, detailed below.

The direct non-compliance is the lack of corresponding sources for these
*.xml.h (because the links to them are broken) and of scripts to control
the compilation of the original xml files into *.xml.h (I don't see them
even after locating the moved repository; I'm not even sure it's
headergen program that should be used to convert the .xml files into
.xml.h).

The inducement problem is that, because generated files are included in
what most people presume to be the source tarball, without their
corresponding sources, anyone who wishes to distribute binary versions
of Linux under §3a of the GPL, so as to immediately satisfy all of their
obligations under the GPL, will fail to do if they just accompany the
binary with the Linux “source” tarball.  In order to satisfy the
requirements of GPLv2 under §3a, they'd have to distribute, along with
the Linux “source” tree, the xml files from the envytool repository, as
they were when the *.xml.h files were generated.

Failure to do so could be quite inconvenient, or even construed as
copyright infringement, should a distributor be unwilling or unable to
satisfy their obligations under §3b or §3c of the GPL when prompted to
provide the corresponding sources (the xml files and scripts used to
turn them into xml.h files), for example, because the repository
containing them moved again or became inaccessible.

In order to avoid this problem, it would be ideal if the xml files, and
a script that runs the conversion program to .xml.h, could be included
in the Linux repository proper.

I realize that neither the xml.h files nor the xml files they're
generated from are licensed under the GPL, but rather under a far more
permissive license.  While this could alleviate some of the concern if
the files were distributed separately, once the files are distributed as
part of Linux, as they are, they are distributed under the GPL, and so
distributors must satisfy the requirements of the GPL when
redistributing them.


I hope you'll agree these are real and serious problems, that they're
trivial to fix, and so that they can be fixed in time for 3.12.


Does anyone know of other such cases of generated files without
corresponding sources in the Linux repository, aside from the various
well-known blobs within the firmware/ subtree and the assorted
blobs-disguised-as-sources that still often pop up in drivers/staging?

-- 
Alexandre Oliva, freedom fighterhttp://FSFLA.org/~lxoliva/
You must be the change you wish to see in the world. -- Gandhi
Be Free! -- http://FSFLA.org/   FSF Latin America board member
Free Software Evangelist  Red Hat Brazil Compiler Engineer
--
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Please read the FAQ at  http://www.tux.org/lkml/


Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-07-01 Thread Alexandre Oliva
On Jun 28, 2007, Alexandre Oliva <[EMAIL PROTECTED]> wrote:

> On Jun 28, 2007, Alexandre Oliva <[EMAIL PROTECTED]> wrote:
>> So, let's narrow the scenario to: tivoized machine downloads binary
>> from protected site, refrains from downloading sources that it could
>> download, user can still access and copy the binaries, but can't
>> obtain the sources because the machine opted not to get them.

>> Now, the user can't distribute the binaries, because doing so without
>> being able to get the sources to pass them on would be copyright
>> infringement.  Would a court see this as a restriction on distribution
>> imposed by the distributor?  Or by the copyright holder?

> I'm not sure my point was clear (not even to myself), so let me try to
> clarify with a slightly different scenario.

http://fsfla.org/svnwiki/blogs/lxo/2007-07-01-gplv3-tivo-and-linux.en

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-07-01 Thread Alexandre Oliva
On Jun 28, 2007, Alexandre Oliva [EMAIL PROTECTED] wrote:

 On Jun 28, 2007, Alexandre Oliva [EMAIL PROTECTED] wrote:
 So, let's narrow the scenario to: tivoized machine downloads binary
 from protected site, refrains from downloading sources that it could
 download, user can still access and copy the binaries, but can't
 obtain the sources because the machine opted not to get them.

 Now, the user can't distribute the binaries, because doing so without
 being able to get the sources to pass them on would be copyright
 infringement.  Would a court see this as a restriction on distribution
 imposed by the distributor?  Or by the copyright holder?

 I'm not sure my point was clear (not even to myself), so let me try to
 clarify with a slightly different scenario.

http://fsfla.org/svnwiki/blogs/lxo/2007-07-01-gplv3-tivo-and-linux.en

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
-
To unsubscribe from this list: send the line unsubscribe linux-kernel in
the body of a message to [EMAIL PROTECTED]
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-30 Thread Alexandre Oliva
On Jun 30, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

>> But software is different.  So different
>> that it's governed by a separate law in Brazil, which could be
>> qualified as a subclass of copyright law.  And this law states that
>> running programs requires permission from the copyright holder.

> So do I have to buy a program and then negotiate the right to run it
> separately? That seems very crazy.

If you buy the program, then you become the copyright holder.

I assume you meant buying a license.  In this case, especially in the
case of off-the-shelf non-Free Software, the license likely grants you
permission to run the program, otherwise why would you pay for the
license anyway?

>> If you find that odd, you may have an idea of how ludicrous patents on
>> software, business methods et al are.  At least copyright regulation
>> of execution saves us from a few abusive EULAs, created with the
>> purpose of, let's see, regulating execution.

> Quite the reverse. If execution is a copyright right, then I might need to
> agree to a license or conract to get it. If execution is not a copyright
> right, then I am safe from such craziness.

Whoever gave you the copy you lawfully obtained is already subject to
and/or able to offer a copyright license anyway.  If the copyright
holder wants to restrict your ability to run the software, whether
copyright covers this case or not is absolutely irrelevant.

And evidently some businesses have interests in restricting your
ability to run software, not only to be able to sell you multiple
licenses of non-Free Software, but also to turn Free Software into
non-Free Software.

> I am probably one of the stronger supporters of intellectual
> property rights

How do you reason about binary-only software fulfilling the goal of
copyright?  How does it deliver its part of the copyright deal with
society if, even after it goes public domain, still nobody can create
derived works from it because the source code remains unavailable?
http://www.fsfla.org/?q=en/node/128#1

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-30 Thread Alexandre Oliva
On Jun 30, 2007, David Schwartz [EMAIL PROTECTED] wrote:

 But software is different.  So different
 that it's governed by a separate law in Brazil, which could be
 qualified as a subclass of copyright law.  And this law states that
 running programs requires permission from the copyright holder.

 So do I have to buy a program and then negotiate the right to run it
 separately? That seems very crazy.

If you buy the program, then you become the copyright holder.

I assume you meant buying a license.  In this case, especially in the
case of off-the-shelf non-Free Software, the license likely grants you
permission to run the program, otherwise why would you pay for the
license anyway?

 If you find that odd, you may have an idea of how ludicrous patents on
 software, business methods et al are.  At least copyright regulation
 of execution saves us from a few abusive EULAs, created with the
 purpose of, let's see, regulating execution.

 Quite the reverse. If execution is a copyright right, then I might need to
 agree to a license or conract to get it. If execution is not a copyright
 right, then I am safe from such craziness.

Whoever gave you the copy you lawfully obtained is already subject to
and/or able to offer a copyright license anyway.  If the copyright
holder wants to restrict your ability to run the software, whether
copyright covers this case or not is absolutely irrelevant.

And evidently some businesses have interests in restricting your
ability to run software, not only to be able to sell you multiple
licenses of non-Free Software, but also to turn Free Software into
non-Free Software.

 I am probably one of the stronger supporters of intellectual
 property rights

How do you reason about binary-only software fulfilling the goal of
copyright?  How does it deliver its part of the copyright deal with
society if, even after it goes public domain, still nobody can create
derived works from it because the source code remains unavailable?
http://www.fsfla.org/?q=en/node/128#1

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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To unsubscribe from this list: send the line unsubscribe linux-kernel in
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-29 Thread Alexandre Oliva
On Jun 28, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> Alexandre Oliva write:

>> > The GPL does sometimes use the word "may" where it's not clear
>> > whether it
>> > means you have permission or you must be able to. The general rule of
>> > construction is that "may" means permission, unless there's some clear
>> > indication to the contrary. The "may"s in sections one and two are
>> > permisssion against a claim of copyright enfrocement. The "further
>> > restriction" clause is, at it states, only on the exercise of *rights*
>> > (which I think means those rights licensed to you under copyright law,
>> > namely the right of distribution and copying).

>> ... and modification and, depending on the jurisdiction, execution.

> Modification, yes. Execution, well, if the rules of a jurisdiction are
> insane, you will get insane results from almost any contract.

> Fortunately, the GPL makes it clear that execution is unrestricted for GPL'd
> works, but does not style this as a GPL right.

Possible consequence:
http://fsfla.org/svnwiki/blogs/lxo/2007-06-29-gplv3-tivo-and-linux.en

> One would hope that jurisidictions that have such strange rules
> would interpret the GPL to effect the same result under their laws
> as was intended under the laws the GPL was written with respect to,
> to the extent possible.

Hopefully.  But we know how justice is in the US, right? :-(

> Treating ordinary use as a copyright privilege leads to nonsensical results
> no matter what you do. For example, you get that I can drop copies of my
> poem from an airplane and then sue anyone who reads it.

Who was talking about reading?  You can read programs as much as you
can read poems.  But since you (normally) can't run poems, copyright
law doesn't talk about this, just like it doesn't distinguish source
from object code of a poem.  But software is different.  So different
that it's governed by a separate law in Brazil, which could be
qualified as a subclass of copyright law.  And this law states that
running programs requires permission from the copyright holder.

If you find that odd, you may have an idea of how ludicrous patents on
software, business methods et al are.  At least copyright regulation
of execution saves us from a few abusive EULAs, created with the
purpose of, let's see, regulating execution.  And then, since it's
already there, why not use it for other restrictions beneficial to the
vendor that a copyright license couldn't establish?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-29 Thread Alexandre Oliva
On Jun 28, 2007, David Schwartz [EMAIL PROTECTED] wrote:

 Alexandre Oliva write:

  The GPL does sometimes use the word may where it's not clear
  whether it
  means you have permission or you must be able to. The general rule of
  construction is that may means permission, unless there's some clear
  indication to the contrary. The mays in sections one and two are
  permisssion against a claim of copyright enfrocement. The further
  restriction clause is, at it states, only on the exercise of *rights*
  (which I think means those rights licensed to you under copyright law,
  namely the right of distribution and copying).

 ... and modification and, depending on the jurisdiction, execution.

 Modification, yes. Execution, well, if the rules of a jurisdiction are
 insane, you will get insane results from almost any contract.

 Fortunately, the GPL makes it clear that execution is unrestricted for GPL'd
 works, but does not style this as a GPL right.

Possible consequence:
http://fsfla.org/svnwiki/blogs/lxo/2007-06-29-gplv3-tivo-and-linux.en

 One would hope that jurisidictions that have such strange rules
 would interpret the GPL to effect the same result under their laws
 as was intended under the laws the GPL was written with respect to,
 to the extent possible.

Hopefully.  But we know how justice is in the US, right? :-(

 Treating ordinary use as a copyright privilege leads to nonsensical results
 no matter what you do. For example, you get that I can drop copies of my
 poem from an airplane and then sue anyone who reads it.

Who was talking about reading?  You can read programs as much as you
can read poems.  But since you (normally) can't run poems, copyright
law doesn't talk about this, just like it doesn't distinguish source
from object code of a poem.  But software is different.  So different
that it's governed by a separate law in Brazil, which could be
qualified as a subclass of copyright law.  And this law states that
running programs requires permission from the copyright holder.

If you find that odd, you may have an idea of how ludicrous patents on
software, business methods et al are.  At least copyright regulation
of execution saves us from a few abusive EULAs, created with the
purpose of, let's see, regulating execution.  And then, since it's
already there, why not use it for other restrictions beneficial to the
vendor that a copyright license couldn't establish?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-28 Thread Alexandre Oliva
On Jun 28, 2007, Alexandre Oliva <[EMAIL PROTECTED]> wrote:

> So, let's narrow the scenario to: tivoized machine downloads binary
> from protected site, refrains from downloading sources that it could
> download, user can still access and copy the binaries, but can't
> obtain the sources because the machine opted not to get them.

> Now, the user can't distribute the binaries, because doing so without
> being able to get the sources to pass them on would be copyright
> infringement.  Would a court see this as a restriction on distribution
> imposed by the distributor?  Or by the copyright holder?

I'm not sure my point was clear (not even to myself), so let me try to
clarify with a slightly different scenario.

Software vendor places Free Software program for sale on a web site.
Customers pay a fee and are granted access to a web page from which
they can download both binaries and sources.  The web page encourages
them to download the sources first, because, one hour after the
download of the binary completes, the password that grants access to
the web page and to the downloadable bits is revoked.

Sloppy customer downloads only the binaries.  Days later, they decide
they want to hire someone else to modify the software for them.  Then
they realize they don't have the sources, and that they declined the
opportunity to have them.  So they can't reasonably modify the
software, or distribute the software for another party to do it for
them.  They got themselves into this situation by declining the source
download.  The software distributor is not imposing a restriction,
it's the copyright holder that is, through the license.



Now, compare this with the case quoted above, in which the computer,
on behalf of the customer, declines the source download.  Clearly the
license stops the user from distributing the software in these
circumstances, and practical matters pretty much stop the user from
modifying the software for any other purpose, but how is this
different from the unquoted case above?  Can one actually claim that
the tivoizing vendor is imposing a further restriction, even though
the restrictions actually stems from a decision made by the user (or
rather by the computer acting on the user's behalf), and from the
copyright holder?  How could this be phrased as a further restriction,
if the license already restricts distribution without source code, and
concedes that not having the source code makes it nearly impossible to
make modifications?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-28 Thread Alexandre Oliva
On Jun 28, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

>> Let's hope courts see it this way.

>> But then, why is it that I can't use hardware to stop someone from
>> copying or modifying the source code, but I can use hardware to stop
>> someone from copying or modifying the binary?  Or is that not so?

> You can use the hardware to stop someone from copying or modifying some
> particular copy of the source code, so long as there is some copy of the
> source code they can copy and modify. You are equivocating between a
> particular copy and any copy at all.

How do you reach this conclusion as to this kind of distinction?

> I agree. You have the legal GPL right to modify any copy of a GPL'd work,
> provided no technical or authorization obstacles stand in your way.

Hey, why stop at these excuses to stop someone from modifying copies
of the GPL?  Why not list legal obstacles as well?

> If the source code is on CDROM, you cannot modify that particular
> copy even though you have the legal right to modify "the source
> code".

Yup.

> The GPL does sometimes use the word "may" where it's not clear whether it
> means you have permission or you must be able to. The general rule of
> construction is that "may" means permission, unless there's some clear
> indication to the contrary. The "may"s in sections one and two are
> permisssion against a claim of copyright enfrocement. The "further
> restriction" clause is, at it states, only on the exercise of *rights*
> (which I think means those rights licensed to you under copyright law,
> namely the right of distribution and copying).

... and modification and, depending on the jurisdiction, execution.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-28 Thread Alexandre Oliva
 distribute the binaries, because doing so without
being able to get the sources to pass them on would be copyright
infringement.  Would a court see this as a restriction on distribution
imposed by the distributor?  Or by the copyright holder?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-28 Thread Alexandre Oliva
On Jun 28, 2007, Jan Harkes [EMAIL PROTECTED] wrote:

 As for making modifications, I'd like to take this opportunity to
 withdraw, for purposes of interpretation, my earlier agreement that
 TiVo permits modification, even though it doesn't permit modification
 in place.  I don't see any distinction in US copyright law between
 modification in place and modification by creating a separate work.

 In section 2 where it talks about modifications it at first doesn't seem
 to distinguish between source and binary, but it doesn't grant the right
 that the resulting modified program will actually work. And yes, you can
 still modify the kernel binary on the Tivo harddrive, it just won't boot
 with the standard bootloader.

 But there is an explicit no warranty clause in the GPLv2. Which I
 believe is a good thing. If the license tried to enforce usability,

Yup.  But will courts see this as a valid excuse for effectively
denying users the ability to modify the copies of the GPLed programs
they run on tivoized devices, even though the means to accomplish this
are based on blocking the ability to run the modified executable,
which happens to not require permission from the copyright holder in
the US?

Even more so when the modified binary provably works just fine on
similar computers, and fails to work on the tivoizing device just
because mechanisms were introduced to stop the user from modifying the
behavior of the software that runs in the device?  I.e., it fails
because you changed it, rather than because you broke it.

Couldn't this be understood by a court as an attempt to exploit a
loophole in the letter of the license, rather than as an intentional
permission to restrict the ability to run covered programs, an act
that the license phrases as not restricted and outside its scope
just because US copyright law doesn't demand permission from the
copyright holder to run programs, which results in permission to run
being outside the scope of a copyright license?


Anyhow, I didn't mean to restart this debate, I just wanted (as stated
above) to withdraw my earlier tentative agreement that modification
in place was something that could be forbidden without infringing
GPL.

 When you modify a sculpture, you're modifying it in place, and this
 requires as much copyright permission as creating a modified copy of
 it.  Both count as modification.

 And when you scribble in the margin of a book you are also modifying it,
 so what.

Maybe it's fair use, especially for a printed book, of which many
copies presumably exist.

 I don't think you even need copyright permission, although you
 will probably get into trouble if the book was borrowed from a library.
 I don't see the relevance in the context of this discussion.

Relevance was only to counter the argument that the right to modify
in place, as some put it, was not covered by the GPL, because that's
not how copyright law defines modification.  I bought that argument
at first, but then I referred back to US copyright law and not only
failed to find supporting evidence for this argument, but actually
found opposing evidence.  So I brought it up to make sure my tentative
agreement wouldn't be used in a court as an indication that the
argument holds water.

 Here are variations of another scenario I proposed back then:
 
 - Tivoizing device ships with tivoized software, regardless of whether
 the corresponding sources are accessible to the end user or hidden
 inside the box, in a fully-encrypted disk that only that machine can
 read.

 I'm assuming no written offer for access to the software is included.

Yup, that's the idea.

 Source are inaccessible, restricted the recipients rights to copy,
 distribute and modify the source code, GPLv2 violation.

So, the same standards would apply to the binaries: if they were
inaccessible, copyright holder could claim infringement under the same
grounds, right?

 If it doesn't download the sources then the binary is not accompanied by
 the corresponding source code and since we assumed no written offer this
 is a violation of section 3.

Except, perhaps, for this bit:

  If distribution of executable or object code is made by offering
  access to copy from a designated place, then offering equivalent
  access to copy the source code from the same place counts as
  distribution of the source code, even though third parties are not
  compelled to copy the source along with the object code.

So, let's narrow the scenario to: tivoized machine downloads binary
from protected site, refrains from downloading sources that it could
download, user can still access and copy the binaries, but can't
obtain the sources because the machine opted not to get them.

Now, the user can't distribute the binaries, because doing so without
being able to get the sources to pass them on would be copyright
infringement.  Would a court see this as a restriction on distribution
imposed by the distributor?  Or by the copyright holder?

-- 
Alexandre Oliva

Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-28 Thread Alexandre Oliva
On Jun 28, 2007, David Schwartz [EMAIL PROTECTED] wrote:

 Let's hope courts see it this way.

 But then, why is it that I can't use hardware to stop someone from
 copying or modifying the source code, but I can use hardware to stop
 someone from copying or modifying the binary?  Or is that not so?

 You can use the hardware to stop someone from copying or modifying some
 particular copy of the source code, so long as there is some copy of the
 source code they can copy and modify. You are equivocating between a
 particular copy and any copy at all.

How do you reach this conclusion as to this kind of distinction?

 I agree. You have the legal GPL right to modify any copy of a GPL'd work,
 provided no technical or authorization obstacles stand in your way.

Hey, why stop at these excuses to stop someone from modifying copies
of the GPL?  Why not list legal obstacles as well?

 If the source code is on CDROM, you cannot modify that particular
 copy even though you have the legal right to modify the source
 code.

Yup.

 The GPL does sometimes use the word may where it's not clear whether it
 means you have permission or you must be able to. The general rule of
 construction is that may means permission, unless there's some clear
 indication to the contrary. The mays in sections one and two are
 permisssion against a claim of copyright enfrocement. The further
 restriction clause is, at it states, only on the exercise of *rights*
 (which I think means those rights licensed to you under copyright law,
 namely the right of distribution and copying).

... and modification and, depending on the jurisdiction, execution.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-28 Thread Alexandre Oliva
On Jun 28, 2007, Alexandre Oliva [EMAIL PROTECTED] wrote:

 So, let's narrow the scenario to: tivoized machine downloads binary
 from protected site, refrains from downloading sources that it could
 download, user can still access and copy the binaries, but can't
 obtain the sources because the machine opted not to get them.

 Now, the user can't distribute the binaries, because doing so without
 being able to get the sources to pass them on would be copyright
 infringement.  Would a court see this as a restriction on distribution
 imposed by the distributor?  Or by the copyright holder?

I'm not sure my point was clear (not even to myself), so let me try to
clarify with a slightly different scenario.

Software vendor places Free Software program for sale on a web site.
Customers pay a fee and are granted access to a web page from which
they can download both binaries and sources.  The web page encourages
them to download the sources first, because, one hour after the
download of the binary completes, the password that grants access to
the web page and to the downloadable bits is revoked.

Sloppy customer downloads only the binaries.  Days later, they decide
they want to hire someone else to modify the software for them.  Then
they realize they don't have the sources, and that they declined the
opportunity to have them.  So they can't reasonably modify the
software, or distribute the software for another party to do it for
them.  They got themselves into this situation by declining the source
download.  The software distributor is not imposing a restriction,
it's the copyright holder that is, through the license.



Now, compare this with the case quoted above, in which the computer,
on behalf of the customer, declines the source download.  Clearly the
license stops the user from distributing the software in these
circumstances, and practical matters pretty much stop the user from
modifying the software for any other purpose, but how is this
different from the unquoted case above?  Can one actually claim that
the tivoizing vendor is imposing a further restriction, even though
the restrictions actually stems from a decision made by the user (or
rather by the computer acting on the user's behalf), and from the
copyright holder?  How could this be phrased as a further restriction,
if the license already restricts distribution without source code, and
concedes that not having the source code makes it nearly impossible to
make modifications?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 28, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> Until someplace you can't actually access the software is customarily used
> for software interchange, ...

As in TiVo boxes? :-) :-)

> This is a defect in the GPL. At least as I understood it, the intent
> was to force distributors to remove any code for which there was a
> patent claim that might threaten redistribution. Section 7 fails to
> do that.

It's not intended to do that.  The existence of a patent doesn't
render the Software non-Free.  The patent holder's threats or
willingness to enforce it doesn't render the Software non-Free.  It's
accepting a restrictive license, voluntarily or by means of a court
order, that does.  And the GPL is not about anything but doing as much
as a copyright license can do to make sure the covered Free Software
remains Free for all its users.  So, requesting licensees to not use
their patents to deny other users' freedoms is something a copyright
license can do.  But since it can't affect patent holders that are not
copyright licensees, or any other legal mechanisms that non-licensees
could use to restrict users' freedoms, it remains silent about this,
rather than forcing licensees to comply with laws or avoid risks that
might not even apply to themselves.

> While you are granted rights under copyright, section 7 does not prevent
> people from using other laws (so long as they don't impose the restrictions
> or agree to them) to hamer your right to redistribute (or for those who
> receive a distribution from you to lawfully use the work).

I think that's correct, and IMHO that's how it's intended to be.

> It is quite difficult to actually arrange this. You would need something
> like a third party to indemnify your customers without your having to agree
> to such indemnification.

... and without making you a party in this collusion.  Basically, if
you're involved in the process of denying users' freedoms, the GPL may
have teeth for you.  If you're not, and you're not a licensee of code
present in that software, there's no way the GPL can stop you from
imposing whatever restrictions that law permits you to impose, if you
choose to do so.  But the GPL won't impose restrictions on others just
in case their downstream users might become your next target.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 27, 2007, Daniel Hazelton <[EMAIL PROTECTED]> wrote:

> Section 3 doesn't apply to this situation. However, other sections
> do. They are distributing in line with the distribution requirement,
> but not the "modification and copying" requirements. These are
> granted early in the license and covered by the "no further
> restrictions" clause.

> You have to be able to copy and modify the source code for it to
> comply with the GPL.

Let's hope courts see it this way.

But then, why is it that I can't use hardware to stop someone from
copying or modifying the source code, but I can use hardware to stop
someone from copying or modifying the binary?  Or is that not so?

Remember, section 2 talks about modifying *your* *copies* of the
Program, without any reference whatsoever as to whether they're in
source or object form.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
hts for the GPL to say you can't distribute the
software.  You must (voluntarily or not) accept a restrictive license
before section 7 kicks in and stops you from distributing the software
under the restrictions imposed on you.

> We agreed that if anything prevented your recipients from exercising
> your GPL rights, that means you cannot distribute.

I didn't agree to that, and now I've explained why this would be a
terribly stupid idea.  That's just not how the GPL works.

Draw satisfaction from the fact that you're not giving legal advice
:-)

FWIW, I'm not either, IANAL.

> If the right/ability to modify a particular copy is a GPL right,
> then you cannot distribute on CDROM.

Who's stopping you from modifying the copy in a CDROM?  Is it the
distributor?  Did it set things up such that you wouldn't be able to
modify that CDROM?  Or could it be just because nobody has found a way
to overcome the natural (?) limitation of CDROMs (or rather of CDR
drives?)?  If you find it out, you're free to use it.  In the mean
time, you can still create other copies of the software in the CDROM
and modify those.

> If we were to read "may modify your copy or copies of the Program or
> any portion of it" the way you suggest, that would mean that you
> must be able to modify every single copy of the program that is
> distributed to you.

No, it only means that the distributor must not impose restrictions on
my ability to modify those copies.  The copyright holder says I can.
Both nature and distributor might have means to stop me from doing it.
Copyright holder can't override nature, but it can override the
distributor.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 27, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> Alexandre Oliva writes:

>> Yes, but in the scenario I proposed, the source code *is* in the
>> preferred form for making modifications, it just so happens to be
>> behind a barrier you cannot trespass.  This is not different from
>> shipping binaries and sources in a CD inside a locked box that you
>> can't open.  You've received both, but how is the fact that you can't
>> reach the source code (or the binaries) a violation of the GPL in this
>> case?

> Behind a barrier is not the preferred form for modification.

Where does it state that there must not be a barrier?  I see it saying
the source must accompany the binary, under 3a.  

> Encrypted with a key you don't have is not the preferred form for
> modification.

Indeed, but why does it matter?  In a CD is not the preferred form for
making modifications either.  In fact, in the CD, you can't modify it
at all.  What's *behind* encryption is the source code, along with the
binary it accompanies.

>> And, if it's not a violation, what is it that makes the case of
>> shipping programs in a locked enclosure different from shipping them
>> in a locked computing device?

> I honestly don't see what relevance this could possibly
> have. Getting access to the source is a fundamental GPL right.

That's the spirit.  But where does the *letter* of the GPL state it?

> By this argument, shipping a GPL'd work in ROM would violate the GPL
> because you cannot easily modify that particular copy.

I've already explained that the inability to modify what's in the CD
is not a restriction imposed by whoever recorded the bits in there as
a means to stop you from making modifications.

>> I ought to be entitled to modify any bit in the executable and
>> expect that to have the same effect as modifying that bit on that
>> executable on any other computer.

> Nope, sorry. If this were true, you ought to be entitled to modify a bit in
> the Linux kernel and have it have the same effect as modifying that Linux
> kernel on my desktop.

If your desktop is sufficiently similar, and the kernel binaries are
identical, why should I not expect the same result to arise?

> Again, nonsense view leads to nonsense conclusions.  The fix is to
> reject the nonsense view. There are no special GPL rights to
> particular copies of works or particular hardware.

  2. You may modify your copy or copies of the Program or any portion
 of it  ^^

>> The fact that it stops
>> working as a result of TiVo's design to prohibit modification, rather
>> than by any other differences in the computer (e.g., the absence of
>> the signature checks), just goes to show that there is intent to
>> impose further restrictions on modification of the software.

> Intent is not the issue.

Imposing further restrictions is the issue.

> If modifying software in this way is a GPL right, then anything that
> prevents you from modifying software in this way is a GPL violation.

If it is imposed by the licensee, yes, it is indeed.

> If you can't distribute so as to give all GPL rights, you can't
> distribute at all.

Exactly.

> If the GPL says I can modify my distributed copy, then distributing
> on CDROM is a GPL violation.

It doesn't state "you must distribute sources in modifyable media", it
says "you may modify your copies, and the distributor must not have
imposed restrictions on your exercise of this right"

If you can't modify your copies because others get in the way, too
bad.  If you can't just because the distributor stops you, there's a
GPL violation.

> It is mind-bogglingly obvious that any sort of "right to modify one
> particular copy" is *not* a GPL right.

Please read the license instead of assuming you know what it says.
You clearly don't.  See above.

> You are wasting an awful lot of time and effort analyzing things that have
> *NO* GPL consequence at all.

Let's just say I honestly hope you are right and I'm wrong.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 26, 2007, Jan Harkes <[EMAIL PROTECTED]> wrote:

> GPLv2 section 3.
> The source code for a work means the preferred form of the work for
> making modifications to it.

> I believe this states that the source code has to be in the preferred
> form for making modifications and not some other form that sucks rocks.

Yes, but in the scenario I proposed, the source code *is* in the
preferred form for making modifications, it just so happens to be
behind a barrier you cannot trespass.  This is not different from
shipping binaries and sources in a CD inside a locked box that you
can't open.  You've received both, but how is the fact that you can't
reach the source code (or the binaries) a violation of the GPL in this
case?

And, if it's not a violation, what is it that makes the case of
shipping programs in a locked enclosure different from shipping them
in a locked computing device?


As for making modifications, I'd like to take this opportunity to
withdraw, for purposes of interpretation, my earlier agreement that
TiVo permits modification, even though it doesn't permit modification
in place.  I don't see any distinction in US copyright law between
modification in place and modification by creating a separate work.
This distinction makes sense for some cases of modification of
software, but it doesn't make sense for other copyrightable works,
such as sculptures, paintings, drawings, etc.

When you modify a sculpture, you're modifying it in place, and this
requires as much copyright permission as creating a modified copy of
it.  Both count as modification.  And if TiVo creates artificial
obstacles to your modifying the copy of GPLed programs that ships in
its devices, then I believe it counts as a restriction on
modification.  I ought to be entitled to modify any bit in the
executable and expect that to have the same effect as modifying that
bit on that executable on any other computer.  The fact that it stops
working as a result of TiVo's design to prohibit modification, rather
than by any other differences in the computer (e.g., the absence of
the signature checks), just goes to show that there is intent to
impose further restrictions on modification of the software.

Saying that I can modify the sources and build another copy of the
binary and then install that, but then it won't work, but that's fine
because this is not modifying, while true, does not disqualify the
claim that TiVo's design imposes artificial restrictions on my
abilities to modify the copies of the program that I have received.



> And yes, I do realize that you intentionally tried to come up with your
> example to somehow bring tivoization to the source code.

Actually, I first came up with this example long before GPLv3dd3 was
published, and I know there have been changes to the draft in response
to it.

Here are variations of another scenario I proposed back then:

- Tivoizing device ships with tivoized software, regardless of whether
the corresponding sources are accessible to the end user or hidden
inside the box, in a fully-encrypted disk that only that machine can
read.

- The software that ships is feature-limited.  It's just barely enough
to enable the device to connect to the network and download
feature-complete software.

- Network authenticates the device with help of the built-in crypto
device, and device requests feature-complete binaries in encrypted
network sessions.  It's in the fature-complete binaries that the most
valuable improvements made by the tivoizer are, that they don't want
to share with anyone else.  Sources *are* available behind the same
authentication machinery you don't can't get past.  Whether the device
chooses to download them into the encrypted device you can't get to,
to dispose of them right away or even leave them around, or it simply
refrains from downloading the sources because it doesn't need them,
the end result is the same: you've received the sources over the
network, but you can't get to them.

- Updates to the feature-complete software can be delivered over the
same secure channel, and, as a result, derived versions of your
software are distributed to third parties in ways that neither you nor
the recipient can get to the sources.


Here's another variation:

- Vendor distributes device with feature-limited software in the
fully-encrypted disk, with just enough software to download sources
from the network, build the feature-complete software from sources,
and install it.

- Sources are behind network authentication, as above, so although
your device receives them, you can't get to them because they're in
the encrypted disk.


Does it seem to you that GPLv2 blocks any of these means to distribute
your code without granting its users access to the source code?

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free 

Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 26, 2007, Jan Harkes [EMAIL PROTECTED] wrote:

 GPLv2 section 3.
 The source code for a work means the preferred form of the work for
 making modifications to it.

 I believe this states that the source code has to be in the preferred
 form for making modifications and not some other form that sucks rocks.

Yes, but in the scenario I proposed, the source code *is* in the
preferred form for making modifications, it just so happens to be
behind a barrier you cannot trespass.  This is not different from
shipping binaries and sources in a CD inside a locked box that you
can't open.  You've received both, but how is the fact that you can't
reach the source code (or the binaries) a violation of the GPL in this
case?

And, if it's not a violation, what is it that makes the case of
shipping programs in a locked enclosure different from shipping them
in a locked computing device?


As for making modifications, I'd like to take this opportunity to
withdraw, for purposes of interpretation, my earlier agreement that
TiVo permits modification, even though it doesn't permit modification
in place.  I don't see any distinction in US copyright law between
modification in place and modification by creating a separate work.
This distinction makes sense for some cases of modification of
software, but it doesn't make sense for other copyrightable works,
such as sculptures, paintings, drawings, etc.

When you modify a sculpture, you're modifying it in place, and this
requires as much copyright permission as creating a modified copy of
it.  Both count as modification.  And if TiVo creates artificial
obstacles to your modifying the copy of GPLed programs that ships in
its devices, then I believe it counts as a restriction on
modification.  I ought to be entitled to modify any bit in the
executable and expect that to have the same effect as modifying that
bit on that executable on any other computer.  The fact that it stops
working as a result of TiVo's design to prohibit modification, rather
than by any other differences in the computer (e.g., the absence of
the signature checks), just goes to show that there is intent to
impose further restrictions on modification of the software.

Saying that I can modify the sources and build another copy of the
binary and then install that, but then it won't work, but that's fine
because this is not modifying, while true, does not disqualify the
claim that TiVo's design imposes artificial restrictions on my
abilities to modify the copies of the program that I have received.



 And yes, I do realize that you intentionally tried to come up with your
 example to somehow bring tivoization to the source code.

Actually, I first came up with this example long before GPLv3dd3 was
published, and I know there have been changes to the draft in response
to it.

Here are variations of another scenario I proposed back then:

- Tivoizing device ships with tivoized software, regardless of whether
the corresponding sources are accessible to the end user or hidden
inside the box, in a fully-encrypted disk that only that machine can
read.

- The software that ships is feature-limited.  It's just barely enough
to enable the device to connect to the network and download
feature-complete software.

- Network authenticates the device with help of the built-in crypto
device, and device requests feature-complete binaries in encrypted
network sessions.  It's in the fature-complete binaries that the most
valuable improvements made by the tivoizer are, that they don't want
to share with anyone else.  Sources *are* available behind the same
authentication machinery you don't can't get past.  Whether the device
chooses to download them into the encrypted device you can't get to,
to dispose of them right away or even leave them around, or it simply
refrains from downloading the sources because it doesn't need them,
the end result is the same: you've received the sources over the
network, but you can't get to them.

- Updates to the feature-complete software can be delivered over the
same secure channel, and, as a result, derived versions of your
software are distributed to third parties in ways that neither you nor
the recipient can get to the sources.


Here's another variation:

- Vendor distributes device with feature-limited software in the
fully-encrypted disk, with just enough software to download sources
from the network, build the feature-complete software from sources,
and install it.

- Sources are behind network authentication, as above, so although
your device receives them, you can't get to them because they're in
the encrypted disk.


Does it seem to you that GPLv2 blocks any of these means to distribute
your code without granting its users access to the source code?

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL

Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 27, 2007, David Schwartz [EMAIL PROTECTED] wrote:

 Alexandre Oliva writes:

 Yes, but in the scenario I proposed, the source code *is* in the
 preferred form for making modifications, it just so happens to be
 behind a barrier you cannot trespass.  This is not different from
 shipping binaries and sources in a CD inside a locked box that you
 can't open.  You've received both, but how is the fact that you can't
 reach the source code (or the binaries) a violation of the GPL in this
 case?

 Behind a barrier is not the preferred form for modification.

Where does it state that there must not be a barrier?  I see it saying
the source must accompany the binary, under 3a.  

 Encrypted with a key you don't have is not the preferred form for
 modification.

Indeed, but why does it matter?  In a CD is not the preferred form for
making modifications either.  In fact, in the CD, you can't modify it
at all.  What's *behind* encryption is the source code, along with the
binary it accompanies.

 And, if it's not a violation, what is it that makes the case of
 shipping programs in a locked enclosure different from shipping them
 in a locked computing device?

 I honestly don't see what relevance this could possibly
 have. Getting access to the source is a fundamental GPL right.

That's the spirit.  But where does the *letter* of the GPL state it?

 By this argument, shipping a GPL'd work in ROM would violate the GPL
 because you cannot easily modify that particular copy.

I've already explained that the inability to modify what's in the CD
is not a restriction imposed by whoever recorded the bits in there as
a means to stop you from making modifications.

 I ought to be entitled to modify any bit in the executable and
 expect that to have the same effect as modifying that bit on that
 executable on any other computer.

 Nope, sorry. If this were true, you ought to be entitled to modify a bit in
 the Linux kernel and have it have the same effect as modifying that Linux
 kernel on my desktop.

If your desktop is sufficiently similar, and the kernel binaries are
identical, why should I not expect the same result to arise?

 Again, nonsense view leads to nonsense conclusions.  The fix is to
 reject the nonsense view. There are no special GPL rights to
 particular copies of works or particular hardware.

  2. You may modify your copy or copies of the Program or any portion
 of it  ^^

 The fact that it stops
 working as a result of TiVo's design to prohibit modification, rather
 than by any other differences in the computer (e.g., the absence of
 the signature checks), just goes to show that there is intent to
 impose further restrictions on modification of the software.

 Intent is not the issue.

Imposing further restrictions is the issue.

 If modifying software in this way is a GPL right, then anything that
 prevents you from modifying software in this way is a GPL violation.

If it is imposed by the licensee, yes, it is indeed.

 If you can't distribute so as to give all GPL rights, you can't
 distribute at all.

Exactly.

 If the GPL says I can modify my distributed copy, then distributing
 on CDROM is a GPL violation.

It doesn't state you must distribute sources in modifyable media, it
says you may modify your copies, and the distributor must not have
imposed restrictions on your exercise of this right

If you can't modify your copies because others get in the way, too
bad.  If you can't just because the distributor stops you, there's a
GPL violation.

 It is mind-bogglingly obvious that any sort of right to modify one
 particular copy is *not* a GPL right.

Please read the license instead of assuming you know what it says.
You clearly don't.  See above.

 You are wasting an awful lot of time and effort analyzing things that have
 *NO* GPL consequence at all.

Let's just say I honestly hope you are right and I'm wrong.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
 your recipients from exercising
 your GPL rights, that means you cannot distribute.

I didn't agree to that, and now I've explained why this would be a
terribly stupid idea.  That's just not how the GPL works.

Draw satisfaction from the fact that you're not giving legal advice
:-)

FWIW, I'm not either, IANAL.

 If the right/ability to modify a particular copy is a GPL right,
 then you cannot distribute on CDROM.

Who's stopping you from modifying the copy in a CDROM?  Is it the
distributor?  Did it set things up such that you wouldn't be able to
modify that CDROM?  Or could it be just because nobody has found a way
to overcome the natural (?) limitation of CDROMs (or rather of CDR
drives?)?  If you find it out, you're free to use it.  In the mean
time, you can still create other copies of the software in the CDROM
and modify those.

 If we were to read may modify your copy or copies of the Program or
 any portion of it the way you suggest, that would mean that you
 must be able to modify every single copy of the program that is
 distributed to you.

No, it only means that the distributor must not impose restrictions on
my ability to modify those copies.  The copyright holder says I can.
Both nature and distributor might have means to stop me from doing it.
Copyright holder can't override nature, but it can override the
distributor.

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 27, 2007, Daniel Hazelton [EMAIL PROTECTED] wrote:

 Section 3 doesn't apply to this situation. However, other sections
 do. They are distributing in line with the distribution requirement,
 but not the modification and copying requirements. These are
 granted early in the license and covered by the no further
 restrictions clause.

 You have to be able to copy and modify the source code for it to
 comply with the GPL.

Let's hope courts see it this way.

But then, why is it that I can't use hardware to stop someone from
copying or modifying the source code, but I can use hardware to stop
someone from copying or modifying the binary?  Or is that not so?

Remember, section 2 talks about modifying *your* *copies* of the
Program, without any reference whatsoever as to whether they're in
source or object form.

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-27 Thread Alexandre Oliva
On Jun 28, 2007, David Schwartz [EMAIL PROTECTED] wrote:

 Until someplace you can't actually access the software is customarily used
 for software interchange, ...

As in TiVo boxes? :-) :-)

 This is a defect in the GPL. At least as I understood it, the intent
 was to force distributors to remove any code for which there was a
 patent claim that might threaten redistribution. Section 7 fails to
 do that.

It's not intended to do that.  The existence of a patent doesn't
render the Software non-Free.  The patent holder's threats or
willingness to enforce it doesn't render the Software non-Free.  It's
accepting a restrictive license, voluntarily or by means of a court
order, that does.  And the GPL is not about anything but doing as much
as a copyright license can do to make sure the covered Free Software
remains Free for all its users.  So, requesting licensees to not use
their patents to deny other users' freedoms is something a copyright
license can do.  But since it can't affect patent holders that are not
copyright licensees, or any other legal mechanisms that non-licensees
could use to restrict users' freedoms, it remains silent about this,
rather than forcing licensees to comply with laws or avoid risks that
might not even apply to themselves.

 While you are granted rights under copyright, section 7 does not prevent
 people from using other laws (so long as they don't impose the restrictions
 or agree to them) to hamer your right to redistribute (or for those who
 receive a distribution from you to lawfully use the work).

I think that's correct, and IMHO that's how it's intended to be.

 It is quite difficult to actually arrange this. You would need something
 like a third party to indemnify your customers without your having to agree
 to such indemnification.

... and without making you a party in this collusion.  Basically, if
you're involved in the process of denying users' freedoms, the GPL may
have teeth for you.  If you're not, and you're not a licensee of code
present in that software, there's no way the GPL can stop you from
imposing whatever restrictions that law permits you to impose, if you
choose to do so.  But the GPL won't impose restrictions on others just
in case their downstream users might become your next target.

-- 
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, [EMAIL PROTECTED] wrote:

>> However, if the site takes the sources out, you're still responsible
>> for providing sources to those who received the sources from you from
>> that point on.  Or something like that, IANAL ;-)

> this sounds like a step backwards, you may not have the sources at
> that point if you were relying on the other site to host them.

You should have them.  This provision is not an excuse from your
obligations, it's just a pragmatic concession.

> and by the way, internet access never was a barrier that could stop
> someone from obtaining them

Back when GPLv2 was written, it really was.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> Alexandre Oliva:

>> On Jun 26, 2007, Al Boldi <[EMAIL PROTECTED]> wrote:

>> > I read your scenario of the vendor not giving you the source to
>> > mean: not directly; i.e.  they could give you a third-party
>> > download link.

>> This has never been enough to comply with GPLv2.

> A lot of people seem to say this, but I don't think it's true.

http://www.gnu.org/licenses/gpl-faq.html#TOCUnchangedJustBinary and
the 3 questions after that should be enlightening as to why people say
this ;-)

cost of physically performing source distribution, a complete
^^

Why would 'physically' be there if it didn't mean anything?  When
interpreting legal texts, that's one sort of question you should ask
yourself.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, [EMAIL PROTECTED] wrote:

> unless you are saying that the GPLv3 is saying that a third party link
> now _is_ sufficiant.

Yup.  The improvement in GPLv3 is to relax the requirement of
providing source code in physical medium if you choose to not
distribute it along with the binaries.  It's recognizing that internet
access is no longer a barrier that could stop someone from obtaining
the sources they're entitled to.  Even someone who doesn't have
regular or fast internet access can hire a third party who does to
perform the download and record it.

I.e., with GPLv3, you *can* point at the sources you used, even in a
site that you don't control.

However, if the site takes the sources out, you're still responsible
for providing sources to those who received the sources from you from
that point on.  Or something like that, IANAL ;-)

-- 
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Al Boldi <[EMAIL PROTECTED]> wrote:

> I read your scenario of the vendor not giving you the source to mean: not 
> directly; i.e.  they could give you a third-party download link.

This has never been enough to comply with GPLv2.

FWIW, it is one of the improvements in GPLv3.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Alexandre Oliva <[EMAIL PROTECTED]> wrote:

> On Jun 26, 2007, Jan Harkes <[EMAIL PROTECTED]> wrote:
>> You could argue that they do not restrict copying, distribution
>> and modification of the sources in general, only of the specific copy
>> they distribute.

> "We don't oppose that you do any of these things, once you get the
> source code.  We just make it difficult (hopefully impossible) that
> you'll get to the source code in the first place."

Actually, they could even claim you don't need the source code to make
modifications.  The license even says the source code is the most
convenient form to make modifications, not the only form.  Now, that
the others suck rocks is not their fault, is it? ;-)

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Jan Harkes <[EMAIL PROTECTED]> wrote:

> On Mon, Jun 25, 2007 at 04:54:52PM -0300, Alexandre Oliva wrote:
>> Consider this scenario: vendor tivoizes Linux in the device, and
>> includes the corresponding sources only in a partition that is
>> theoretically accessible using the shipped kernel, but that nothing in
>> the software available in the machine will let you get to.  Further,
>> sources (like everything else on disk) are encrypted, and you can only

> Interesting scenario, it seems to comply with GPLv2 on the surface.

> If that kernel doesn't actually allow access and wipes the source
> partition to use it as swap on first boot, then no machine is actually
> capable of reading the source.

Granted, that was just adding insult to the injury ;-)

Assume the sources are kept in the encrypted disk.  Or that the
sources are shipped in an encrypted CD, that only the machine itself
can read, using hardware-assisted decryption.

> Another gripe is that encrypted media are not customarily used for
> software interchange.

That the whole disk is encrypted is "just a technical detail".  And
it's not the media that's encrypted, it's the data in it.  Surely both
hard disks and CDs are media customarily used for software
interchange.  And there is often compressed and encrypted data and
software in them.

> You also cannot interpret the encrypted partition as source code because
> a bit further down in section 3, it defines source code as,
>   "The source code for a work means the preferred form of the work for
>   making modifications to it."

The encrypted partition is not the source code.  It contains the
source code.  Very much like the computer, or the disk, or the boot
partition, is not the GPLed program, it contains the GPLed program.
That it's encrypted, signed, or hardware-protected, have all been
claimed as reasons why they're outside the scope of the GPL and can be
used to escape its intent in this or other recent threads.

> You could argue that they do not restrict copying, distribution
> and modification of the sources in general, only of the specific copy
> they distribute.

"We don't oppose that you do any of these things, once you get the
source code.  We just make it difficult (hopefully impossible) that
you'll get to the source code in the first place."

> They get sued for copyright infringement because they are not in
> compliance with section 3 and the sources are released as a result.

I don't think a copyright lawsuit can be generally expected to obtain
this result.  A court can stop the distributor from distributing in an
infringing manner, but I don't think a court could force the
distributing party to shell out source code.  The distributing party
might not even *have* source code in the first place.  And even if she
had, she might have no right to distribute it.  Or she might not want
to, and then a court *might* require them to do so, but that would be
quite unusual.

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Al Boldi <[EMAIL PROTECTED]> wrote:

>> Is it in the spirit of GPLv2?

> No, but that's besides the point.

Thanks for informing me about the point *I*'m trying to make ;-)

> You can only hold people responsible for the letter, lest there be chaos.

That's not *quite* how it works, but that's a general idea, yes.

>> How are the sources passed on in this way going to benefit the user or the
>> community?

> They still have to provide the source by other GPL means of their choosing.

This is contradictory.  You said the scenario I described was
permitted, and the scenario included the vendor's refusal to give
customers other copies of the sources.

Which is it?

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Al Boldi [EMAIL PROTECTED] wrote:

 Is it in the spirit of GPLv2?

 No, but that's besides the point.

Thanks for informing me about the point *I*'m trying to make ;-)

 You can only hold people responsible for the letter, lest there be chaos.

That's not *quite* how it works, but that's a general idea, yes.

 How are the sources passed on in this way going to benefit the user or the
 community?

 They still have to provide the source by other GPL means of their choosing.

This is contradictory.  You said the scenario I described was
permitted, and the scenario included the vendor's refusal to give
customers other copies of the sources.

Which is it?

-- 
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FSF Latin America Board Member http://www.fsfla.org/
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Jan Harkes [EMAIL PROTECTED] wrote:

 On Mon, Jun 25, 2007 at 04:54:52PM -0300, Alexandre Oliva wrote:
 Consider this scenario: vendor tivoizes Linux in the device, and
 includes the corresponding sources only in a partition that is
 theoretically accessible using the shipped kernel, but that nothing in
 the software available in the machine will let you get to.  Further,
 sources (like everything else on disk) are encrypted, and you can only

 Interesting scenario, it seems to comply with GPLv2 on the surface.

 If that kernel doesn't actually allow access and wipes the source
 partition to use it as swap on first boot, then no machine is actually
 capable of reading the source.

Granted, that was just adding insult to the injury ;-)

Assume the sources are kept in the encrypted disk.  Or that the
sources are shipped in an encrypted CD, that only the machine itself
can read, using hardware-assisted decryption.

 Another gripe is that encrypted media are not customarily used for
 software interchange.

That the whole disk is encrypted is just a technical detail.  And
it's not the media that's encrypted, it's the data in it.  Surely both
hard disks and CDs are media customarily used for software
interchange.  And there is often compressed and encrypted data and
software in them.

 You also cannot interpret the encrypted partition as source code because
 a bit further down in section 3, it defines source code as,
   The source code for a work means the preferred form of the work for
   making modifications to it.

The encrypted partition is not the source code.  It contains the
source code.  Very much like the computer, or the disk, or the boot
partition, is not the GPLed program, it contains the GPLed program.
That it's encrypted, signed, or hardware-protected, have all been
claimed as reasons why they're outside the scope of the GPL and can be
used to escape its intent in this or other recent threads.

 You could argue that they do not restrict copying, distribution
 and modification of the sources in general, only of the specific copy
 they distribute.

We don't oppose that you do any of these things, once you get the
source code.  We just make it difficult (hopefully impossible) that
you'll get to the source code in the first place.

 They get sued for copyright infringement because they are not in
 compliance with section 3 and the sources are released as a result.

I don't think a copyright lawsuit can be generally expected to obtain
this result.  A court can stop the distributor from distributing in an
infringing manner, but I don't think a court could force the
distributing party to shell out source code.  The distributing party
might not even *have* source code in the first place.  And even if she
had, she might have no right to distribute it.  Or she might not want
to, and then a court *might* require them to do so, but that would be
quite unusual.

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Alexandre Oliva [EMAIL PROTECTED] wrote:

 On Jun 26, 2007, Jan Harkes [EMAIL PROTECTED] wrote:
 You could argue that they do not restrict copying, distribution
 and modification of the sources in general, only of the specific copy
 they distribute.

 We don't oppose that you do any of these things, once you get the
 source code.  We just make it difficult (hopefully impossible) that
 you'll get to the source code in the first place.

Actually, they could even claim you don't need the source code to make
modifications.  The license even says the source code is the most
convenient form to make modifications, not the only form.  Now, that
the others suck rocks is not their fault, is it? ;-)

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, Al Boldi [EMAIL PROTECTED] wrote:

 I read your scenario of the vendor not giving you the source to mean: not 
 directly; i.e.  they could give you a third-party download link.

This has never been enough to comply with GPLv2.

FWIW, it is one of the improvements in GPLv3.

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, [EMAIL PROTECTED] wrote:

 unless you are saying that the GPLv3 is saying that a third party link
 now _is_ sufficiant.

Yup.  The improvement in GPLv3 is to relax the requirement of
providing source code in physical medium if you choose to not
distribute it along with the binaries.  It's recognizing that internet
access is no longer a barrier that could stop someone from obtaining
the sources they're entitled to.  Even someone who doesn't have
regular or fast internet access can hire a third party who does to
perform the download and record it.

I.e., with GPLv3, you *can* point at the sources you used, even in a
site that you don't control.

However, if the site takes the sources out, you're still responsible
for providing sources to those who received the sources from you from
that point on.  Or something like that, IANAL ;-)

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, David Schwartz [EMAIL PROTECTED] wrote:

 Alexandre Oliva:

 On Jun 26, 2007, Al Boldi [EMAIL PROTECTED] wrote:

  I read your scenario of the vendor not giving you the source to
  mean: not directly; i.e.  they could give you a third-party
  download link.

 This has never been enough to comply with GPLv2.

 A lot of people seem to say this, but I don't think it's true.

http://www.gnu.org/licenses/gpl-faq.html#TOCUnchangedJustBinary and
the 3 questions after that should be enlightening as to why people say
this ;-)

cost of physically performing source distribution, a complete
^^

Why would 'physically' be there if it didn't mean anything?  When
interpreting legal texts, that's one sort of question you should ask
yourself.

-- 
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-26 Thread Alexandre Oliva
On Jun 26, 2007, [EMAIL PROTECTED] wrote:

 However, if the site takes the sources out, you're still responsible
 for providing sources to those who received the sources from you from
 that point on.  Or something like that, IANAL ;-)

 this sounds like a step backwards, you may not have the sources at
 that point if you were relying on the other site to host them.

You should have them.  This provision is not an excuse from your
obligations, it's just a pragmatic concession.

 and by the way, internet access never was a barrier that could stop
 someone from obtaining them

Back when GPLv2 was written, it really was.

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-25 Thread Alexandre Oliva
On Jun 25, 2007, [EMAIL PROTECTED] (Lennart Sorensen) wrote:

> On Fri, Jun 22, 2007 at 03:00:30AM -0300, Alexandre Oliva wrote:
>> I was here to dispell the lies that were being spread about GPLv3, the
>> spirit and the goals of the GPL, as far as I understood them.

> Just because someone has a different opinion than you or the FSF does
> not make what they say a lie.

As a general statement, yours is absolutely correct.

However, the situation at hand is quite different AFAICT.  It's about
people repeatedly making statements that misconstrued the intent of a
third party, even after having been drawn attention to this.  AFAICT,
both elements needed to characterize lying are present: deviation from
the truth, and intent to instill the incorrect statements on others as
if they were true.

Now, it might be that those making such statements hadn't fully
realized what they were writing on was on others' intentions, rather
than objective facts or their own opinions, and that they didn't
realize they were misrepresenting those intentions before I brought
this up here.  In this case, if they confirm it, I'll be delighted to
retract my assessment of such behavior as 'lying'.

> Well what the spirit is, is certainly debateable,

If you misunderstand what 'the spirit of a legal text' as something
other than the intent of whoever wrote that document, then yes, it is
debatable.  You may want to take up the alleged inaccuracy to
Wikipedia: http://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law

  When one obeys the letter of the law but not the spirit, he is
  obeying the literal interpretation of the words (the "letter") of
  the law, but not the intent of those who wrote the law. Conversely,
   ^
  when one obeys the spirit of the law but not the letter, he is doing
  what the authors of the law intended, though not adhering to the
  
  literal wording.

> Any organization that claims anyone that doesn't agree with its view of
> thw world and its interpretation of some written text is "confused" will
> be treated like all other religigous fanatics, and not listened too.

I suppose it thus follows that people will then take this perception
further and selectively ignore portions of texts written by these
parties.  And then become frustrated and complain when their
conclusions don't match those that are evidently encoded in the
portions that were ignored by them.  And then complain when they're
misunderstanding the text, or when they're characterized as confused,
or however else their selective attention and its misleading
consequences are characterized.

> Intelligent people know better than to listen to such groups.

Ignoring facts that don't fit your ideology, or that support an
ideology you reject, will mislead you, no matter what your fanaticism
or anti-fanaticism is.

> I think I know exactly as much about the GPL now as I did two weeks ago.

Good for you (assuming you're not saying you've refused to learn
anything just because I was the one passing on the knowledge, because,
well, this would be unintelligent too, right? ;-)


Consider this scenario: vendor tivoizes Linux in the device, and
includes the corresponding sources only in a partition that is
theoretically accessible using the shipped kernel, but that nothing in
the software available in the machine will let you get to.  Further,
sources (like everything else on disk) are encrypted, and you can only
decrypt it with hardware crypto that is disabled if the boot loader
doesn't find a correct signature for the boot partition, or maybe the
signature is irrelevant, given that everything on disk is encrypted in
such a way that, if you don't have the keys, you can't update the
kernel properly anyway.  The vendor refuses to give customers other
copies of the sources.  To add insult to the injury, the vendor
configures the computer to set up the encrypted disk partition
containing the sources as a swap device, such that the shared-secret
key used to access that entire filesystem is overwritten upon the
first boot, rendering the entire previous contents of the partition
holding the source code into an incomprehensible stream of bits.

Does anyone think this is permitted by the letter of GPLv2?  Is it in
the spirit of GPLv2?  How are the sources passed on in this way going
to benefit the user or the community?

Is this still desirable by the Linux developers?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-25 Thread Alexandre Oliva
On Jun 25, 2007, [EMAIL PROTECTED] (Lennart Sorensen) wrote:

 On Fri, Jun 22, 2007 at 03:00:30AM -0300, Alexandre Oliva wrote:
 I was here to dispell the lies that were being spread about GPLv3, the
 spirit and the goals of the GPL, as far as I understood them.

 Just because someone has a different opinion than you or the FSF does
 not make what they say a lie.

As a general statement, yours is absolutely correct.

However, the situation at hand is quite different AFAICT.  It's about
people repeatedly making statements that misconstrued the intent of a
third party, even after having been drawn attention to this.  AFAICT,
both elements needed to characterize lying are present: deviation from
the truth, and intent to instill the incorrect statements on others as
if they were true.

Now, it might be that those making such statements hadn't fully
realized what they were writing on was on others' intentions, rather
than objective facts or their own opinions, and that they didn't
realize they were misrepresenting those intentions before I brought
this up here.  In this case, if they confirm it, I'll be delighted to
retract my assessment of such behavior as 'lying'.

 Well what the spirit is, is certainly debateable,

If you misunderstand what 'the spirit of a legal text' as something
other than the intent of whoever wrote that document, then yes, it is
debatable.  You may want to take up the alleged inaccuracy to
Wikipedia: http://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law

  When one obeys the letter of the law but not the spirit, he is
  obeying the literal interpretation of the words (the letter) of
  the law, but not the intent of those who wrote the law. Conversely,
   ^
  when one obeys the spirit of the law but not the letter, he is doing
  what the authors of the law intended, though not adhering to the
  
  literal wording.

 Any organization that claims anyone that doesn't agree with its view of
 thw world and its interpretation of some written text is confused will
 be treated like all other religigous fanatics, and not listened too.

I suppose it thus follows that people will then take this perception
further and selectively ignore portions of texts written by these
parties.  And then become frustrated and complain when their
conclusions don't match those that are evidently encoded in the
portions that were ignored by them.  And then complain when they're
misunderstanding the text, or when they're characterized as confused,
or however else their selective attention and its misleading
consequences are characterized.

 Intelligent people know better than to listen to such groups.

Ignoring facts that don't fit your ideology, or that support an
ideology you reject, will mislead you, no matter what your fanaticism
or anti-fanaticism is.

 I think I know exactly as much about the GPL now as I did two weeks ago.

Good for you (assuming you're not saying you've refused to learn
anything just because I was the one passing on the knowledge, because,
well, this would be unintelligent too, right? ;-)


Consider this scenario: vendor tivoizes Linux in the device, and
includes the corresponding sources only in a partition that is
theoretically accessible using the shipped kernel, but that nothing in
the software available in the machine will let you get to.  Further,
sources (like everything else on disk) are encrypted, and you can only
decrypt it with hardware crypto that is disabled if the boot loader
doesn't find a correct signature for the boot partition, or maybe the
signature is irrelevant, given that everything on disk is encrypted in
such a way that, if you don't have the keys, you can't update the
kernel properly anyway.  The vendor refuses to give customers other
copies of the sources.  To add insult to the injury, the vendor
configures the computer to set up the encrypted disk partition
containing the sources as a swap device, such that the shared-secret
key used to access that entire filesystem is overwritten upon the
first boot, rendering the entire previous contents of the partition
holding the source code into an incomprehensible stream of bits.

Does anyone think this is permitted by the letter of GPLv2?  Is it in
the spirit of GPLv2?  How are the sources passed on in this way going
to benefit the user or the community?

Is this still desirable by the Linux developers?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-22 Thread Alexandre Oliva
On Jun 22, 2007, "Tomas Neme" <[EMAIL PROTECTED]> wrote:

> The thing is, what matters in copyright and licencing matters is what
> the author of the code understands, no the licence's author, if
> ambiguous. And the kernel's rights holder is Linus.

Since he didn't get copyright assignments, each contributor is the
copyright holder of her/his own contribution.  And this means each
holder gets a say on how s/he understood GPLv2.

IANAL, but I think if Linus' intended interpretation had been
clarified all the way from the beginning, he could have grounds to
claim that everyone else had implicitly accepted that reading by
contributing to the project.

But since it was a decision made many years later, his clarification
on his reading of the license is in a way an additional permission
that affects only his own contributions; other authors are still
entitled to try to enforce their understanding of the legal terms of
the license, and they would have the spirit of the GPL and its
preamble on their side to guide the interpretation.  Even if contract
law states something like, in adhesion contracts, the party who writes
the contract gives the other party the benefits of any ambiguity in
the writing, the GPL is not a contract, it's a license, and per
copyright law, licenses are to be interpreted restrictively.

> Linus has the last word on it.

In the sense that he can decide to remove all contributions from
dissenting authors, yes, he does.  But he can't impose his more lax
interpretation upon other authors.  Under copyright, it's the more
restrictive reading that prevails, in that any holder who understands
his rights are being trampled can enforce them.  And since at least
one such author is vocal in his dissent, not even estoppel defenses
would apply.  But IANAL.

-- 
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FSF Latin America Board Member http://www.fsfla.org/
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread Alexandre Oliva
ain such
defenses, on the grounds that the complaining party might no longer
get the full cooperation of the party who wanted more?

If you're unhappy with GPLv3, why couldn't people who want better
assurance that their code won't be used in ways they don't want be
unhappy that GPLv2 doesn't guarantee these defenses for them?

Don't you see that attacks on GPLv3, suggestions that it's weakened or
dropped, such that these two parts of the community could keep on
cooperating under terms you prefer but they don't, would be just as
bad for others as taking GPLv2 away from you would?

GPLv2 is not going away.  GPLv3 is going to be one more option, and
it's better than GPLv2 for many people.  You can have different goals
than GPLv3 and prefer other licenses over it as much as you want.  I
don't care (*).  But please respect that others disagree with your
goals and want GPLv3, and if this reduces the amount of cooperation
you get from them to achieve your goals, realize that you're also
refusing to cooperate with them to achieve theirs.  This is
unfortunate, but it's not unfair.  What's unfair is to try to shift
the blame onto only one of the parties.

(*) I reserve the right to vocally oppose decisions for non-Free
Software licenses, because I understand that, even though anyone may
have a legal right to make such decisions, it's unethical to make such
decisions, and it prolongs a social problem that I devote a
significant portion of my life to terminate.  I thank you all for your
help in achieving this goal, even if it's involuntary.

> it was really *you* who had no interest in reaching a mutually
> agreeable compromise,

This is an unfair characterization of the situation.  I think both
sides have very little interest in compromising their positions, and
that's fair.  Yesterday, when *I* (!= FSF, != FSFLA) started this
thread with a proposal about mutual compatibility that seemed to me to
be a reasonable compromise, that AFAICT would meet all of the points
that had been brought in the long discussion that preceded, was when I
started an effort of mediating a negotiation between two parties that
AFAICT were not really interested in participating in such a
negotiation.

My suggestion wouldn't work unless both parties made some concessions,
in order to obtain the benefits of mutual cooperation.  No party would
be required to make such concessions.

The only thing that's clear so far is that one person in one party is
not interested in using such an agreement; a person that had already
voiced an opinion against relicensing his contributions to Linux in a
GPLv3-compatible way, not even if Sun were to license the OpenSolaris
kernel under GPLv3.  No surprise here.

I wish I'd got other opinions about this proposal, though, such that I
can make a decision on whether it even makes sense for me to champion
this suggestion towards inclusion in GPLv3.

> at times where one could wonder if he was really sent by Tivo to
> make sure the kernel would stay GPLv2.  :-)

:-) Dammit, how did you guess?  :-)  I even tried to disguise it by
insisting that GPLv2 already prohibits this practice!  :-)

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread Alexandre Oliva
On Jun 22, 2007, Al Viro <[EMAIL PROTECTED]> wrote:

> On Fri, Jun 22, 2007 at 01:26:54AM -0300, Alexandre Oliva wrote:
>> No, this thread was about additional permissions to combine with other
>> licenses.  I didn't suggest anything about relicensing whatsoever,
>> that's all noise out of not understanding the suggestion.

> And that constitutes the change of license.

I stand corrected.  I misread what you wrote as "relicensing under
GPLv3, or GPLv2+".  Sorry.

> Suppose ZFS _is_ pulled into the tree via that mechanism.

Or even kept outside, such that third parties can create a combined
work and distribute that.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread Alexandre Oliva
On Jun 22, 2007, Theodore Tso <[EMAIL PROTECTED]> wrote:

> has probably made it made it much more *unlikely* that the Linux
> kernel will ever go GPLv3.

That was a given from the start.  The spin that there was any chance
whatsoever it could possibly happen was just that.  Even if Linus
could possibly consider this, others have made it pretty clear that
this was never an option for them, and Linus' explosion at my first
one-liner intervention on GPLv3 isn't exactly a sign of being
considering something reasonably.

So, no, as I've repeatedly stated, I wasn't here to convince anyone to
adopt GPLv3.  I know you won't believe me.  I don't care.

I was here to dispell the lies that were being spread about GPLv3, the
spirit and the goals of the GPL, as far as I understood them.  I knew
from the start that it was an uphill battle, and that I wouldn't be
able to convince those who distrusted the FSF so much that they would
listen to anything that resembled an FSF discourse with an extremely
high rejection level.  This was all expected.

I wasn't here to convince them.  I knew I wouldn't.  I was here to set
the record straight on the spirit of the GPL, not towards the most
vocal opponents, but for others who hadn't formed an opinion,
prejudiced or not.  I was here to inform about GPLv3, not to push it.

That I was perceived as pushing it is not surprising at all.  The
perception of "being forced" whenever something resembling the FSF
ideology comes up is so strong here that some people just stop
listening, stop thinking rationally (limbic system take-over?), or
even get into outright name calling.  No surprise here.  I knew this
was hostile territory, and I came prepared for this.

I feel I have accomplished my goal: I've informed a lot of people
about the GPL, about GPLv3, about Free Software and even about the
FSFes.  Whether they make a decision for GPLv3, GPLv2, or more liberal
Free Software licenses, is up to them.  Now, people who'd only been
exposed to the prevailing views in this list can take something
different into account, and make more-informed decisions.

Thanks for listening.

o-o

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread Alexandre Oliva
On Jun 22, 2007, Theodore Tso [EMAIL PROTECTED] wrote:

 has probably made it made it much more *unlikely* that the Linux
 kernel will ever go GPLv3.

That was a given from the start.  The spin that there was any chance
whatsoever it could possibly happen was just that.  Even if Linus
could possibly consider this, others have made it pretty clear that
this was never an option for them, and Linus' explosion at my first
one-liner intervention on GPLv3 isn't exactly a sign of being
considering something reasonably.

So, no, as I've repeatedly stated, I wasn't here to convince anyone to
adopt GPLv3.  I know you won't believe me.  I don't care.

I was here to dispell the lies that were being spread about GPLv3, the
spirit and the goals of the GPL, as far as I understood them.  I knew
from the start that it was an uphill battle, and that I wouldn't be
able to convince those who distrusted the FSF so much that they would
listen to anything that resembled an FSF discourse with an extremely
high rejection level.  This was all expected.

I wasn't here to convince them.  I knew I wouldn't.  I was here to set
the record straight on the spirit of the GPL, not towards the most
vocal opponents, but for others who hadn't formed an opinion,
prejudiced or not.  I was here to inform about GPLv3, not to push it.

That I was perceived as pushing it is not surprising at all.  The
perception of being forced whenever something resembling the FSF
ideology comes up is so strong here that some people just stop
listening, stop thinking rationally (limbic system take-over?), or
even get into outright name calling.  No surprise here.  I knew this
was hostile territory, and I came prepared for this.

I feel I have accomplished my goal: I've informed a lot of people
about the GPL, about GPLv3, about Free Software and even about the
FSFes.  Whether they make a decision for GPLv3, GPLv2, or more liberal
Free Software licenses, is up to them.  Now, people who'd only been
exposed to the prevailing views in this list can take something
different into account, and make more-informed decisions.

Thanks for listening.

o-o

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread Alexandre Oliva
On Jun 22, 2007, Al Viro [EMAIL PROTECTED] wrote:

 On Fri, Jun 22, 2007 at 01:26:54AM -0300, Alexandre Oliva wrote:
 No, this thread was about additional permissions to combine with other
 licenses.  I didn't suggest anything about relicensing whatsoever,
 that's all noise out of not understanding the suggestion.

 And that constitutes the change of license.

I stand corrected.  I misread what you wrote as relicensing under
GPLv3, or GPLv2+.  Sorry.

 Suppose ZFS _is_ pulled into the tree via that mechanism.

Or even kept outside, such that third parties can create a combined
work and distribute that.

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FSF Latin America Board Member http://www.fsfla.org/
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-22 Thread Alexandre Oliva
?

If you're unhappy with GPLv3, why couldn't people who want better
assurance that their code won't be used in ways they don't want be
unhappy that GPLv2 doesn't guarantee these defenses for them?

Don't you see that attacks on GPLv3, suggestions that it's weakened or
dropped, such that these two parts of the community could keep on
cooperating under terms you prefer but they don't, would be just as
bad for others as taking GPLv2 away from you would?

GPLv2 is not going away.  GPLv3 is going to be one more option, and
it's better than GPLv2 for many people.  You can have different goals
than GPLv3 and prefer other licenses over it as much as you want.  I
don't care (*).  But please respect that others disagree with your
goals and want GPLv3, and if this reduces the amount of cooperation
you get from them to achieve your goals, realize that you're also
refusing to cooperate with them to achieve theirs.  This is
unfortunate, but it's not unfair.  What's unfair is to try to shift
the blame onto only one of the parties.

(*) I reserve the right to vocally oppose decisions for non-Free
Software licenses, because I understand that, even though anyone may
have a legal right to make such decisions, it's unethical to make such
decisions, and it prolongs a social problem that I devote a
significant portion of my life to terminate.  I thank you all for your
help in achieving this goal, even if it's involuntary.

 it was really *you* who had no interest in reaching a mutually
 agreeable compromise,

This is an unfair characterization of the situation.  I think both
sides have very little interest in compromising their positions, and
that's fair.  Yesterday, when *I* (!= FSF, != FSFLA) started this
thread with a proposal about mutual compatibility that seemed to me to
be a reasonable compromise, that AFAICT would meet all of the points
that had been brought in the long discussion that preceded, was when I
started an effort of mediating a negotiation between two parties that
AFAICT were not really interested in participating in such a
negotiation.

My suggestion wouldn't work unless both parties made some concessions,
in order to obtain the benefits of mutual cooperation.  No party would
be required to make such concessions.

The only thing that's clear so far is that one person in one party is
not interested in using such an agreement; a person that had already
voiced an opinion against relicensing his contributions to Linux in a
GPLv3-compatible way, not even if Sun were to license the OpenSolaris
kernel under GPLv3.  No surprise here.

I wish I'd got other opinions about this proposal, though, such that I
can make a decision on whether it even makes sense for me to champion
this suggestion towards inclusion in GPLv3.

 at times where one could wonder if he was really sent by Tivo to
 make sure the kernel would stay GPLv2.  :-)

:-) Dammit, how did you guess?  :-)  I even tried to disguise it by
insisting that GPLv2 already prohibits this practice!  :-)

-- 
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FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-22 Thread Alexandre Oliva
On Jun 22, 2007, Tomas Neme [EMAIL PROTECTED] wrote:

 The thing is, what matters in copyright and licencing matters is what
 the author of the code understands, no the licence's author, if
 ambiguous. And the kernel's rights holder is Linus.

Since he didn't get copyright assignments, each contributor is the
copyright holder of her/his own contribution.  And this means each
holder gets a say on how s/he understood GPLv2.

IANAL, but I think if Linus' intended interpretation had been
clarified all the way from the beginning, he could have grounds to
claim that everyone else had implicitly accepted that reading by
contributing to the project.

But since it was a decision made many years later, his clarification
on his reading of the license is in a way an additional permission
that affects only his own contributions; other authors are still
entitled to try to enforce their understanding of the legal terms of
the license, and they would have the spirit of the GPL and its
preamble on their side to guide the interpretation.  Even if contract
law states something like, in adhesion contracts, the party who writes
the contract gives the other party the benefits of any ambiguity in
the writing, the GPL is not a contract, it's a license, and per
copyright law, licenses are to be interpreted restrictively.

 Linus has the last word on it.

In the sense that he can decide to remove all contributions from
dissenting authors, yes, he does.  But he can't impose his more lax
interpretation upon other authors.  Under copyright, it's the more
restrictive reading that prevails, in that any holder who understands
his rights are being trampled can enforce them.  And since at least
one such author is vocal in his dissent, not even estoppel defenses
would apply.  But IANAL.

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote:

> Great, so for ever and ever afterwards the code would have to keep a
> clear separation between the bits that are under different licences and
> make sure that no re-factor ever blurred the lines between them enough
> that you had trouble telling which was which.

As long as you care about being able to tell which is which, yes.  I
can understand why, under some circumstances, this might be taken as
worse than not being able to use code under GPLv3 (or any other
incompatible license) at all.

> understand what licence the final work is under.

If it's a mingled combination of code under GPLv2 plus permission to
combine with v3, and GPLv3 plus (potential built-in?) permission to
combine with v2, these are the combined terms.  You can still use it
with code under GPLv2 plus permission to combine with v3, and with
GPLv3 plus (potential built-in?) permission to combine with v2.  I can
see that it boggles the minds not used to this kind of combination.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Bron Gondwana <[EMAIL PROTECTED]> wrote:

> None of this "Projects" nonsense.

The reason I mentioned projects was because each project has its
policies, around the interests of its own community.  Each project can
thus make a decision about its own policies, just like Linux has made
its own decisions.

It was not my intent to suggest that developers in certain projects
(communities, groups, however you want to name that) should grant
permissions for cooperation with other specific projects, even though
this is certainly something that can be done under copyright law.

So don't read too much into "project", think of it as "policy in a
particular community of developers", and note that the terms I
suggested didn't make any reference whatsoever to projects, but rather
to licenses (part of the policy of each project).

> Suddenly using other GPLv2 code becomes fraught with "which path did
> I obtain this licence down" games

I don't see how this could possibly be come up as a consequence of my
suggestion.  In fact, it is my understanding that the path is not
relevant, what matters is the terms under which the copyright holders
are willing to license their code.  That someone might be able to
enforce stricter terms upon a combined work is just a consequence of
the "most restrictive license" rule, not of the path the code
followed.  But IANAL.

> You're not going to make a happy, happy merging code sharing world
> by fragmenting the licence landscape even more.

I take it that removing barriers to cooperation in GPLv3 by default is
undesirable.  Well, then, what can I say?  I tried.  :-(

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Al Viro <[EMAIL PROTECTED]> wrote:

> On Thu, Jun 21, 2007 at 10:00:22PM -0300, Alexandre Oliva wrote:
>> Do you agree that if there's any single contributor who thinks it
>> can't be tivoized, and he manages his opinion to prevail in court
>> against a copyright holder, then it can't?  That this is the same
>> privilege to veto additional permissions that Al Viro has just
>> claimed?

> You know, I'm rapidly losing any respect for your integrity.  The only
> "privelege" claimed is that of not relicensing one's contributions.

No, this thread was about additional permissions to combine with other
licenses.  I didn't suggest anything about relicensing whatsoever,
that's all noise out of not understanding the suggestion.

You objected to granting additional permissions.  You have that right,
per copyright law, and the other developers can then decide between
not granting an additional permission or removing all the code you
contributed such that they can.  That's veto.

Similarly, if someone proposed an additional unambiguous permission to
tivoize under GPLv2, any developer who objected to it could veto it
(the alternative being to remove all of his contributions).

> What really gets me is that you know it.

Yes.  The only disagreement is that I'm talking "additional permission
to combine" and you seem to keep understanding "relicensing", even
though these are very different concepts, with significantly different
consequences.

What they have in common is that you can veto either one with your
status as copyright holder, and that they would both permit some forms
of cooperation.

Permission to relicense would provide for one-way cooperation out of
Linux.  I'm not proposing this.  That would be stupid.  You've already
decided about it.  I respect that decision.  I even understand why you
made that decision.

Relicensing would provide for two-way cooperation, but under terms
that you don't consider acceptable.  You've pretty much already
decided not to do it.  I respect that decision.  I even understand why
you made that decision.

Permission to combine in both sides would provide for two-way
cooperation in ways that enable each author to enforce the terms s/he
chose for his/her own contributions.  This would address many of the
concerns raised about relicensing, and would increase the amount of
contributions in kind you can get.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Jan Harkes <[EMAIL PROTECTED]> wrote:

> On Thu, Jun 21, 2007 at 08:23:57PM -0300, Alexandre Oliva wrote:
>> It's not like anyone can safely tivoize devices with GPLv2 already, 

> So you really didn't pay any attention to anything people told you?

Yes.  Particularly to what Alan Cox and his legal counsel told me.  A
single copyright holder able and willing to enforce the license
against tivoization is enough.  What part of this don't you
understand?

> The license does not grant the right that you will be able to run the
> software on any particular platform or whether it will even work at all.

It doesn't grant TiVo the right to distribute the program without
corresponding source code.

They fail to distribute the source code to the functional signature
derived from the kernel binary.

Kaboom!


As for the right to run the program, I've also explained why in
Brazilian copyright law this is a right granted by the license,
because the license says that right is unrestricted.

Kaboom!

> There is no need to take out contributions because the GPLv2 does
> not prevent tivoization.

Says you (or perhaps you're just repeating what you heard and want to
believe).

But what did your lawyer say about it?  In reference to which
jurisdiction?

> A mutual compatibility agreement (sublicense) would effectively
> terminate any rights granted by the GPLv2,

Additional permissions to combine are not permission to relicense.
Look at section 13 of GPLv3dd4 and of Affero GPLv3dd1.  That's the
sort of additional permission I'm talking about here.

The same kind of additional permission that GPLed projects that use
openssl adopt.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> On Thu, 21 Jun 2007, Alexandre Oliva wrote:
>> On Jun 21, 2007, [EMAIL PROTECTED] wrote:
>> 
>>> this is your right with your code. please stop browbeating people who
>>> disagree with you.
>> 
>> For the record, GPLv2 is already meant to accomplish this.  I don't
>> understand why people who disagree with this stance chose GPLv2.
>> Isn't "no further restrictions" clear enough?

> everyone else is reading this as 'no further license restrictions'

I didn't see anyone else add "license" where you did.  "No further
restrictions on the rights granted herein" is very powerful and
extensive, and that's how it was meant to be.

> not no hardware restrictions' becouse GPLv2 explicitly says that it
> has nothing to do with running the software, only with distributing
> it.

It also says that running the software is not restricted, and since
copyright law in the US doesn't regulate execution, receiving the
software does grant the recipient the right to run the software.  So
the distributor can't impose restrictions on it.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> It's this simple, those who chose the GPLv2 for Linux and their
> contributions to it don't want people to create derivative works of their
> works that can't be Tivoized.

Do you agree that if there's any single contributor who thinks it
can't be tivoized, and he manages his opinion to prevail in court
against a copyright holder, then it can't?  That this is the same
privilege to veto additional permissions that Al Viro has just
claimed?

http://lkml.org/lkml/2007/6/13/293
http://lkml.org/lkml/2007/6/13/354
http://lkml.org/lkml/2007/6/14/117
http://lkml.org/lkml/2007/6/14/432

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Al Viro <[EMAIL PROTECTED]> wrote:

> On Thu, Jun 21, 2007 at 05:15:03PM -0300, Alexandre Oliva wrote:
>> Anyone who's not happy about it can still take that portion out,
>> unless you accept changes that make this nearly impossible, which I
>> suppose you wouldn't given how strongly you feel about this.

> Oh, right.  "Anyone who doesn't like proprietary code in the tree
> can just remove it, what's the big deal?" analog.  Sorry, doesn't work.

Well, you do have proprietary code in Linux, and it's definitely not
easy to take it all out, so, point.

However, the difference that you appear to be missing is that when you
get code under GPLv3, or under this hypothetical combination of GPLv2
and GPLv3 code, everyone who received the combination could still do
everything the GPL says they could do: run the code for any purpose,
study it, adapt it, modify it and distribute it, with or without
modifications, under the same conditions, to the recipient, without
imposing any further restrictions.

The only thing that changes is that, for GPLv2, there's a possibility
that some licensees might be able to get away not permitting other
licensees to do the things the license you chose permits them to do,
using tricks that have been invented or that became matter of new laws
since GPLv2 was published.

But this doesn't mean GPLv2 unambiguously permits this behavior; that
you want it to doesn't make it so for all contributors.  Just like you
have the right to veto any additional permissions on Linux, so can
other contributors.  And unambiguous permission to tivoize is an
additional permission, just like permission to combine code with GPLv3
is an additional permission.

Heck, even the requirement to provide source code under GPLv1 and
GPLv2 is a clarification along the same lines of the new provisions of
GPLv3.  Denying access to the source code is a restriction on the
exercise of the rights granted by the license.  So it's implied.  But
since some people might not see it that way, it's spelled out in full.
Same deal with patents in GPLv2, and all the other new provisions with
GPLv3.  What makes them incompatible is not that they impose new
restrictions (they really don't), it's that they remove any doubts
about that.


>> I can see that one-way cooperation could be perceived as unfair, even
>> if permissions granted by GPLv3 are all granted by GPLv2 as well.

> ... but not the other way round.  So in effect we get a change of kernel
> license, GPLv3 people *do* *not* get any license changes on their projects.
> And you are saying that it's not one-way?

GPLv3 people *do* get license changes too.  This can be accomplished
with additional permissions on both licenses with the current GPLv3
draft.  I'm proposing that this backward compatibility could be a
built-in feature of GPLv3.

As to whether this has any effects on GPLv3 projects, it does.  It
weakens the legal defenses for the entire project, in as much as the
wholes in GPLv2 might still be exploited.

>> > ... except for that pesky "no added restrictions" part, but hey, who
>> > cares?

>> But see, nobody would be adding restrictions to *your* code.

> What you are saying is "but your code will be still
> available under GPLv2".

No, I'm saying far more than this obvious conclusion, on which you
apparently stopped thinking.

I'm saying the project that uses it won't get as strong legal defenses
as it would get if it were under GPLv3.  So, yes, both sides sacrifice
some of their stances in order to enable mutual cooperation.

Sure, if you don't want to do that, that's your call.  But don't try
to frame it as if there was something wrong or unfair about it.

> So it will be if e.g. SCO pulls it into proprietary codebase.

Except that then I won't be able to enjoy any of the rights that you
meant me to enjoy as to the code that SCO distributes.

Whereas with combination of GPLv2 with GPLv3, every licensee still
gets all of the same freedoms respected.  The difference is only as to
how much they can deny other licensees the freedoms you meant them to
get.

And if someone cares about using your code to deny other licensees
freedoms, they still can.  Depending on how much you intermingled your
code with code that doesn't want to permit this, it will be more or
less difficult to do, but it can be done.

> The first change in v3 project affecting both imported v2 code and
> native v3 one will create a big problem.

Why?  The licenses permit combination/linking, each portion remains
under the same license as their authors meant.

>> > ... because it's For The Benefit Of User Freedoms!!!

>> It is either way.  Do you deny that tivoization also benefits one
>> user/licensee?  And in detriment of others, while at that?

> You know, we have another wanker here starting another thread from
> hell - one about 

Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "Jesper Juhl" <[EMAIL PROTECTED]> wrote:

> My point was that your signature does indicate your affiliation with a
> lot of different organizations/companies, so unless you explicitly
> state that you are not speaking on behalf of them it's easy to assume
> you do.

And then, I did that a number of times in the other recent long
thread, whenever I made statements that could be construed as FSF's
opinion.  Now, this time I missed it, added the clarification just in
case, and you pick on me.  Puhlease!

> Quoting from that web page: "FSF Latin America is a sister
> organization of Free Software Foundation (FSF)"

> So when your signature states that you are a "FSF Latin America Board
> Member" and FSFLA is a "sister organization of Free Software
> Foundation (FSF)" that, at least to me, implies some association with
> the FSF.

How does that make me an FSF Board Member, as you claimed at first?

Yes, I'm a co-founder of an independent organization that, for sharing
the same goals as other FSFs, was welcomed into the global network of
FSFes.

That we have the same goals does not imply I'm in any way associated
with the FSF.  Your faulty assumption and your attempts to paper over
your mistake won't make it true.

> No, it does not, but it's easy to mistake a post by someone posting
> from a company email and including that company in their signature for
> speaking for that company.

Indeed, compiler engineers are often the bearers of company's voices.

Not!

> I'm simply replying to you that indeed it is not clear for whom you
> speak with all that info in your signature and the email address you
> post from.

Understood.  Thanks for doing that so nicely.

I'm glad it's clear now.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> this is your right with your code. please stop browbeating people who
> disagree with you.

For the record, GPLv2 is already meant to accomplish this.  I don't
understand why people who disagree with this stance chose GPLv2.
Isn't "no further restrictions" clear enough?

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Andrew McKay <[EMAIL PROTECTED]> wrote:

> Alexandre Oliva wrote:
>> On Jun 21, 2007, Andrew McKay <[EMAIL PROTECTED]> wrote:
>> 
>>> A balance of freedom to the licensee and the licenser.  It's my
>>> opinion that GPLv3 potentially shifts the balance too far to the
>>> licensee.
>> 
>> It's more of a balance of freedom between licensee and licensee,
>> actually.  It's a lot about making sure no one can acquire a
>> privileged position, such that every licensee plays under the same
>> rules.  (The copyright holder is not *acquiring* a privileged
>> position, copyright law had already granted him/her that position.)

> I do see what you're saying here.  But it does take the away the
> ability of a licensee to protect themselves from another malicious
> licensee.

Sorry, I don't follow what the "it" refers to in your sentence.

> If the ultimate goal of the Free Software community is to get source
> code out to the public, I think that was captured in GPLv2.

That's a correct logical inference, but since the premise is false,
the conclusion is garbage.

GPLv2 goes far beyond getting source code out to the public.  It
contains the "no further restrictions" language, which is very
powerful.  It is pretty obvious that when Linus adopted GPLv2 he
didn't realize it reached that point.  That when Tivo invented
Tivoization, he decided he wanted to permit this, and thus grants an
implicit additional permission for anyone to do it with his code,
doesn't mean other participants in the Linux community feel the same
way, or read the GPLv2 the same way, and could be somehow stopped from
enforcing the license the way they meant it.

Ultimately, the current situation is that we have two
mutually-incompatible license intents being used in Linux, and no
matter how much those who want to grant the permission say so, this
doesn't trample other contributor's rights to enforce the license they
chose for their code.  Especially those who started contributing long
before the decision that "what TiVo does is good" was announced.

Now, since these two license intents are expressed by the same
license, and what the license demands is that derived works must be
under the same license, they are compatible, but since the intents are
distinct, what prevails is, as in any case of combination of different
licensing provisions, is the most restrictive provision.

So Linux does not permit tivoization today.  Linus does, Linux
doesn't.

All this fuss about the anti-tivoization provisions in GPLv3 is just a
consequence of reading the GPLv2 without fully understanding its
intended consequences, not having foresight to clarify the intent to
constrain the "no further restrictions" provisions to match the
alternate interpretation, and opposing the removal of the ambiguity
because it doesn't match the choice that *some* of the developers
would like it to go.

Who's the ambiguity good for?

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> Are you seriously suggesting that the Linux kernel source contain code with
> various different licenses

It already does.  All the way from permissive Free Software licenses
to GPLv2-incompatible non-Free Software licenses.

> Over time, the code will get so combined and interwoven that the
> intersection of all permitted licenses would soon apply to
> effectively the entire kernel.

If you don't keep things clearly separate, yes.

I was honestly thinking more along the lines of ZFS as a separate
driver than about your bringing GPLv3 code into the core of the
kernel.

But then, it would be your call either way.

This option of mutual cooperation wouldn't work for either party if
you're not willing to cooperate, and that's what I believe makes it
fair.

Now, if you guys can't recognize a goodwill gesture when you see one,
and prefer to live in the paranoid beliefs that "those evil FSFers are
trying to force me into a situation in which they'll then be able to
steal my code", that's really up to you.  Don't try to shift the blame
of your decisions onto the FSF.

One thing is missing the spirit of the GPL and using it to serve a
different purpose, without realizing it doesn't provide you with
exactly what you want (tivoization, for example); another completely
different is to try to put it as FSF's fault that clarifications and
amendments are desirable to ensure the ability for authors to enforce
the intent of the GPL.

> Unless, that is, GPLv3 makes itself compatible with GPlv2.

Hey, but that was precisely what I was suggesting!  Except that it
wasn't with GPLv2 alone, because this doesn't work.  Each copyleft
license insists that it be *the* license.  So, in order to be able to
combine two copyleft licenses, you need mutual compatibility
provisions in both.  Which is what I was proposing.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

>> > Wouldn't that defeat the entire purpose of the GPLv3? Couldn't
>> > I take any
>> > GPLv3 program, combine it with a few lines of Linux code, and
>> > Tivoize the
>> > result?

>> No.  This is not permission to relicense.  This is permission to
>> combine.  Each author still gets to enforce the terms of her own code.

> This makes no sense. We are not talking mere aggregation here, we are
> talking developmental convergence. If I wrote some code that was in the
> Linux kernel, how can I enforce the terms of my code (guaranteed write to
> Tivoize) in the derivative work that it becomes mixed with?

In just the same way you'd enforce it today: with help from a lawyer
who understands these issues that you clearly don't understand.

>> So a tivoizer would have to take out the code licensed under the
>> GPLv3, and use only the code that permits tivoization.  Same as today,
>> but without the possibility of cooperation for licensees who don't
>> tivoize.

> I am baffled how this could possibly work. You understand that the GPLv2
> specifically guarantees that any derivative work will be Tivoizable and the
> people who chose the GPLv2 specifically want it that way?

Yes.  And the GPLv2 code would remain that way.

If GPLv3 had this provision I suggested, and you wanted to cooperate
with some other project that offered GPLv3 drivers, then you could use
them by adding the mutual-cooperation provision I suggested.

Of course you're free to not want to cooperate with anyone else who
doesn't share your opinion.  That's your call.

> If I chose the GPLv2 over the GPLv3 as a conscious choice, that means I want
> people to be able to Tivoize any derivative work made from my work that is
> distributed.

This provision was not intended to prevent anyone from tivoizing your
work or derived works thereof.  It was only intended to enable you to
use code from GPLv3 projects as long as these GPLv3 projects could
also use your code.  Mutual cooperation, as opposed to no cooperation
whatsoever.

I *think* lawyers would probably recommend you to keep code under
different licenses in separate files, like you already do with code
licensed under GPLv2-compatible licenses.

I *think* that, with this pair of mutual cooperation provisions, you
could even use code licensed under the Apache 2.0 license.  And
OpenSolaris drivers, if it's licensed under GPLv3.

And you wouldn't be departing from your intent to enable people to
tivoize your code, which you currently choose not to enforce even
though GPLv2 might very well enable you to; you could keep on
cooperating with people who understand GPLv2 doesn't permit
tivoization, and you'd be able to establish mutual cooperation with
people who choose a license that makes this point clear.

It's not like anyone can safely tivoize devices with GPLv2 already, so
refusing to cooperate with GPLv3 on these grounds buys you nothing.
It is only a public statement of refusal to cooperate, with you are
entitled to make, even if it comes off as silly because you chose a
license that already contains the provisions for "complete
corresponding source code" and "no further restrictions on the
exercise of the rights granted by the license" that tivoizers fail to
comply with.

At which point one gets to wonder why you chose this license in the
first place, if it doesn't give you what you want.

FWIW, all of my (very few) contributions to Linux were made with the
intent of not permitting tivoization or any form of restricting users
freedoms.  I guess this means, from now on, you'd stop accepting my
contributions and take out whatever contributions I've made, since
otherwise I'd be able to enforce them against tivoizers.  And what's
more, I could still use your code in my GPLv2 projects, and enforce
that against tivoizers, and there's nothing you can do to stop me.

So what exactly are you trying to accomplish by pretending that mutual
compatibility with GPLv3 would set you back in any way?

-- 
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FSF Latin America Board Member http://www.fsfla.org/
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "Jesper Juhl" <[EMAIL PROTECTED]> wrote:

> On 21/06/07, Alexandre Oliva <[EMAIL PROTECTED]> wrote:
> [snip]
>> 
>> BTW, I should probably have made clear that, as usual, I was speaking
>> my own mind, not speaking on behalf of FSFLA or Red Hat, with whom I'm
>> associated, and certainly not on behalf of FSF, with whom I'm not
>> associated.  Just in case this wasn't clear yet ;-)

> Given your signature below, no, that's not at all clear :

Do you assume I speak for the GNU project and for University of
Campinas as well, just because my signature implies that I am somehow
associated with them?

>> FSF Latin America Board Member http://www.fsfla.org/

> If you don't speak for the FSF then adverticing the fact that you are
> a FSF board member seems a little odd.

What's odd is your assuming that I'm an FSF board member.  Especially
when there's a URL just next to it that explains what FSFLA is, and
how it's not the FSF, but rather one of four members of the network of
FSFs.

> I also fail to see (or at least wonder at) how a board member of the
> FSF can state that he's not associated with the FSF... hmm, the mind
> boggles..

Yeah, it's really hard to clarify broken assumptions and jumping to
conclusions.

>> Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}

> Same thing for the RedHat bit here, along with posting from a
> @redhat.com email addr.

Why would this convey the impression that I'm speaking on behalf of
Red Hat, tell me.  It doesn't even say I'm president, CEO, PR manager,
press contact or any such thing...


If I posted from my ISP e-mail address, would you assume I was
speaking for the ISP?

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> On Thu, 21 Jun 2007, Alexandre Oliva wrote:
>> If it's input-only, then you can't possibly harm the operation of the
>> network by only listening in, can you?

> Ok, so you consider any anti-piracy measures to be something that
> GPLv3 should prohibit.

In general, I object to the use of my code in ways that don't permit
users to run it for any purpose, study it, adapt it to suit their own
needs, modify the code and distribute it, modified or not.

If this means my code can't be used to implement DRM, that's a good
thing.

All anti-piracy measures I've ever known deprive users of legitimate
rights too.  So, yes, I don't agree with these measures.

I believe in punishing the guilty, not in punishing innocent
bystanders just such that the guilty have to find work arounds to
become guilty.

-- 
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Al Viro <[EMAIL PROTECTED]> wrote:

> On Thu, Jun 21, 2007 at 06:39:07AM -0300, Alexandre Oliva wrote:

>> - the kernel Linux could use code from GPLv3 projects

> ... and inherit GPLv3 additional restrictions.  No.

Respecting the wishes of the author of that code.  Are you suggesting
they should not be respected?

Anyone who's not happy about it can still take that portion out,
unless you accept changes that make this nearly impossible, which I
suppose you wouldn't given how strongly you feel about this.

Without this provision, you wouldn't be able to use the code in the
first place, so I don't perceive any loss for anyone.  Do you?

>> - GPLv3 projects could use code from Linux

> Oh, rapture!  How could one object against such a glorious outcome?

Exactly ;-)

Two-way cooperation.  I'm told that's good.  I was told this was even
desirable.

I can see that one-way cooperation could be perceived as unfair, even
if permissions granted by GPLv3 are all granted by GPLv2 as well.

>> - each copyright holder would still get to enforce the terms s/he
>> chose for his/her own code

> ... except for that pesky "no added restrictions" part, but hey, who
> cares?

But see, nobody would be adding restrictions to *your* code.  You'd
only be enabling mutual cooperation with projects whose authors
weren't happy about restrictions some licensees could impose on others
(including the authors themselves).

>> If you were to permit compatibility with GPLv3+ (rather than GPLv3),
>> would you constrain it?  Would something like:
>> 
>> as long as the later version grants each licensee the same
>> permissions as GPLv2, except for constraining permissions that would
>> enable one licensee to deny other licensees the exercise of the
>> permissions granted by both licenses

> ... because it's For The Benefit Of User Freedoms!!!

It is either way.  Do you deny that tivoization also benefits one
user/licensee?  And in detriment of others, while at that?

> No.  Permission denied.

Your opinion is duly noted.  Thanks.

> If somebody wants to dual-license *others* code,

This is not about dual licensing at all, and this is not about others
code.  This is a decision you would have to make in order to enable
cooperation between projects.

If you don't want to make this decision, that's fine.  Nobody can be
forced to cooperate.  This works in both directions.

Don't try to frame those who want to respect and defend users'
freedoms as uncooperative.  This is *your* decision, and your decision
alone.

-- 
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FSF Latin America Board Member http://www.fsfla.org/
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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> this is standard dual-licensing, not special just becouse both
> licenses are GPL versions

No, seriously, it's not, it's quite different.

If you dual-license your code between GPLv2 and GPLv3, I could combine
your code with code under GPLv3, distribute it, and if anyone tivoized
your code, I might be able to enforce the anti-tivoization provisions
against the tivoizer.

With a mere permission to combine, I can only enforce these provisions
over my own code.


I see that, for tivoization, the end result is very much the same as
an all-GPL, although the tivoizer still has the option of removing the
GPLv3 code and hoping GPLv2's implicit anti-tivoization provisions are
not enforced.  This would be just undoing the additional cooperation
that this additional permission would have provided.

However, for other GPLv3 defenses, it would make a difference.  For
example, on the patent licenses that are implicit in GPLv2 and
explicit in GPLv3.

> and for people who don't like one or the other of the two licenses
> this will not be acceptable becouse it would allow someone else to
> take their work, modify it a bit, and release the result only under
> the license that they don't like

Which is precisely why I suggested this approach of permission to
combine, rather than as dual licensing.  Because then nobody could do
what you say.

> one of the big problems that people don't realize is that if it takes
> GPLv3+ exception to be compatible with the apache license

For the record, it doesn't, GPLv3 is going to be compatible with the
apache 2.0 license, no additional exceptions needed.

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

> Alexandre Oliva wrote:

>> However, if GPLv3 had a permission to combine/link with code under
>> GPLv2, *and* Linux (and any other projects interested in mutual
>> compatibility) introduced an additional permission to combine/link
>> with code under GPLv3 (or even GPLv3+, constrained by some condition
>> if you will), then:

> Wouldn't that defeat the entire purpose of the GPLv3? Couldn't I take any
> GPLv3 program, combine it with a few lines of Linux code, and Tivoize the
> result?

No.  This is not permission to relicense.  This is permission to
combine.  Each author still gets to enforce the terms of her own code.
So a tivoizer would have to take out the code licensed under the
GPLv3, and use only the code that permits tivoization.  Same as today,
but without the possibility of cooperation for licensees who don't
tivoize.

Sorry if this wasn't obvious, it was for me.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> On Thu, 21 Jun 2007, Lennart Sorensen wrote:

>> You can't use this code if you cooporate with anyone that requires
>> DRM systems.

> I think their earlier versions did say this.

Show me a GPLv3 draft that did it?

Start here, section 3:
http://gplv3.fsf.org/gpl-draft-2006-01-16.html

> DRM does have some legitimate uses, for example redhat installations
> not installing unsigned software is a form of DRM

Doh.  Then chmod og-r is DRM too.  And stronger DRM while at that,
since the user denied permission to read the file cannot take it back,
whereas the verification of unsigned software is just a warning, that
you can often bypass by telling the software to go ahead and install
it regardless of signatures.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Andrew McKay <[EMAIL PROTECTED]> wrote:

> A balance of freedom to the licensee and the licenser.  It's my
> opinion that GPLv3 potentially shifts the balance too far to the
> licensee.

It's more of a balance of freedom between licensee and licensee,
actually.  It's a lot about making sure no one can acquire a
privileged position, such that every licensee plays under the same
rules.  (The copyright holder is not *acquiring* a privileged
position, copyright law had already granted him/her that position.)

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Andrew McKay <[EMAIL PROTECTED]> wrote:

> [EMAIL PROTECTED] wrote:
>> how can the server tell if it's been tampered with?

> I agree with this statement.

Err...  That's a question, not a statement ;-)

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] (Lennart Sorensen) wrote:

> Apparently the only restrictions ever permitted are the ones the FSF
> thinks of.

Where does this nonsensical idea come from?  How does it follow that,
from FSF offering a licensing option to authors, you conclude that
nobody could ever establish whatever other restrictions they liked?

> So really what the GPL v3 wants to have is to make sure that the user
> can reproduce from the sources a bit for bit identical copy of the
> binaries?

No, this is not enough to enable someone to adapt the software to
one's own needs.

> Too bad compilers that put time stamps and such into the
> binary would make that imposible.

This would be the copyright author imposing such a restriction, not
the software distributor.

> I don't think there is any way that can be written into the GPL that
> can prevent all loop holes for how to make signed binaries.

Which is one possible reason to explain why the FSF switched to the
'Installation Information' approach.

> There doesn't have to be an agreement.  The software company could just
> release specs for a hardware design and let others freely go and build
> them from that design.

Aah, so the software company has designed a mechanism to restrict
users' freedoms, and is just leaving it up to third parties to
complete the implementation?  I think these design documents could be
used in a court to prove intent to impose restrictions on the users,
but IANAL.

>> However, if there's no such agreement, if the copyright holder has no
>> copyright claims over the hardware or works shipped in it, there's
>> nothing the copyright holder can do about it, and that's probably how
>> it should be, since a copyright license (!= contract) can't possibly
>> prohibit people from creating hardware limited in function, it can
>> only tell people that, in order for them to have permission to modify
>> or distribute the covered work, they must abide by certain conditions.
>> And if they don't want to abide by the conditions, and they don't
>> manage to obtain a license from the copyright holders that doesn't
>> impose conditions they can't accept, they just can't modify or
>> distribute the work.

> But if the hardware ships with only code that simply waits for the user
> to provide some code for it to isntall (which has to be signed in a way
> the hardware likes), then the hardware has nothing to do with the
> license of the software.

Correct.  That's pretty much what I said, isn't it?

> I hope no one does this, but I still don't see how the GPLv3 draft deals
> with this case, or even how it could deal with it.

It doesn't, and it probably shouldn't.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, Bernd Schmidt <[EMAIL PROTECTED]> wrote:

> I went and made some comments on the draft, and they appear to no
> longer be there a few days later.

This would be very bad.  Please let me know what they were about and
I'll try to figure out what happened.

Did you by any chance file them against an earlier draft?  Those (for
obvious reasons) no longer appear against the current draft, but
they're still accessible by other means.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, "David Schwartz" <[EMAIL PROTECTED]> wrote:

>> On Wed, 20 Jun 2007 12:55:10 -0700
>> "David Schwartz" <[EMAIL PROTECTED]> wrote:

>> > A key is a number. A signature is a number. They are neither
>> > statements nor
>> > instructions. The argument that GPLv2 prohibits Tivoization is
>> > really and
>> > truly absurd. It has neither a legal nor a moral leg to stand on.

>> A computer program is a number too.

> No, it's not. It can be expressed as a number, but it is not a number.

By this logic, then a key is a key, and a signature is a signature.
They can be expressed as numbers, sure.

> A computer program is a set of instructions to accomplish a particular
> result. It can be expressed as a number, but that doesn't mean it is a
> number.

A key is an input to a cryptographical algorithm, and a signature is
an output.  I could try to come up with more creative definitions, but
you get the idea already.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> On Thu, 21 Jun 2007, Alexandre Oliva wrote:
>> On Jun 21, 2007, [EMAIL PROTECTED] wrote:
>> 
>>> no, one of the rules for the network is that the software must be
>>> certified,
>> 
>> In this case you might have grounds to enforce this restriction of the
>> network on the network controller itself, I suppose.

> how would the network controller know if the software has been modified?

The loader could check that and set a flag in the controller.

> what sort of signal can the network controller send that couldn't be
> forged by the OS?

Whatever the network controller designer created to enable it to do
so.

> how would you do this where the device is a receiver on the netwoek
> (such as a satellite receiver)

If it's input-only, then you can't possibly harm the operation of the
network by only listening in, can you?

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Re: how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, jimmy bahuleyan <[EMAIL PROTECTED]> wrote:

> There, that right there, wouldn't it again require a 'nod' from all
> those who have contributed to the kernel (because at the time they did,
> the license was GPLv2 without any additions)?

That's my understanding, yes, but IANAL.


Similarly, any GPLv2 and GPLv3 projects that wish to cooperate with
each other could introduce mutual additional permissions in the way I
suggested, even if neither GPLv2 nor GPLv3 themselves make such
provisions.  This is a decision that copyright holders can make, in
very much the same way that they can make their decisions as to
permitting relicensing under newer versions of the GPL, or even older
versions of the GPL.


BTW, I should probably have made clear that, as usual, I was speaking
my own mind, not speaking on behalf of FSFLA or Red Hat, with whom I'm
associated, and certainly not on behalf of FSF, with whom I'm not
associated.  Just in case this wasn't clear yet ;-)

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how about mutual compatibility between Linux's GPLv2 and GPLv3?

2007-06-21 Thread Alexandre Oliva
Here's an idea that just occurred to me, after all the discussions
about motivations, tit-for-tat, authors' wishes and all.

If GPLv3 were to have a clause that permitted combination/linking with
code under GPLv2, this wouldn't be enough for GPLv3 projects to use
Linux code, and it wouldn't be enough for Linux code to use GPLv3
projects.  That's because GPLv2 would still demand all code to be
licensed under GPLv2, and GPLv3 wouldn't permit this.

However, if GPLv3 had a permission to combine/link with code under
GPLv2, *and* Linux (and any other projects interested in mutual
compatibility) introduced an additional permission to combine/link
with code under GPLv3 (or even GPLv3+, constrained by some condition
if you will), then:

- the kernel Linux could use code from GPLv3 projects

- GPLv3 projects could use code from Linux

- each copyright holder would still get to enforce the terms s/he
  chose for his/her own code

Does this sound like something that would make sense for your
community, so as to maintain/increase cooperation between authors who
love GPLv2 and those who love defense for freedom, while respecting
each author's not-always-compatible wishes?

In other words, does it even make sense for the FSF to consider
introducing such a provision in GPLv3, that AFAICT, by itself, would
have no effect whatsoever, since an additional permission would be
needed for the GPLv2 side?


If you were to permit compatibility with GPLv3+ (rather than GPLv3),
would you constrain it?  Would something like:

  as long as the later version grants each licensee the same
  permissions as GPLv2, except for constraining permissions that would
  enable one licensee to deny other licensees the exercise of the
  permissions granted by both licenses

do, subject to translation to proper legalese (if that's at all
possible)?


Do you know of any other communities that are like-minded with you,
that are sticking with GPLv2, that I could poll about interest in such
a provision in GPLv3?


Thanks, and sorry for taking your attention away from coding one more
time.  I hope you find it worth it this time.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> no, one of the rules for the network is that the software must be
> certified,

In this case you might have grounds to enforce this restriction of the
network on the network controller itself, I suppose.

Not that you should disable the network controller entirely (this
would render the computer useless for many other purpose unrelated
with blocking connections to your network).

You could instead arrange for the network controller to send some
signal that enables the network to recognize that the device is
running certified software.

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> frankly, I haven't checked the licenses on the software. I'd suggest
> going to www.tivo.com/linux and download all the source for all the
> different versions there.

Yeah, thanks, I remembered someone had posted that URL the second
after a hit Send :-(

I've already got cmd.tar.gz and I'm looking at it now.

Thanks again,

> by the way, it looks like there is one wireless driver that they ship
> in some releases but don't provide the source for. but if you plan on
> going after them for that you better go after everyone who ships
> binary kernel modules.

Only copyright holders of Linux can go after them on matters of kernel
drivers.  Or is this driver derived from any software copyrighted by
myself?  Or did you mean the FSF, with whom I'm not associated in any
way other than ideologically?

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> how exactly can they prevent a system that's been tampered with from
> accessing their network?

By denying access to their servers?  By not granting whatever is
needed to initiate network sessions?

And note, "it's been tampered with" is not necessarily enough of a
reason to cut someone off, it has to meet these requirements:

>   when the modification itself materially and adversely affects the
>   operation of the network or violates the rules and protocols for
>   communication across the network.

> (something even you say they have a right to do)

as long as this right is not used by the software distributor to
impose restrictions on the user's ability to adapt the software to
their own needs.  The GPLv3 paragraph above makes a fair concession in
this regard, don't you agree?

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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

> On Thu, 21 Jun 2007, Alexandre Oliva wrote:
>> On Jun 20, 2007, [EMAIL PROTECTED] wrote:
>> 
>>> but the signature isn't part of the kernel, and the code that checks
>>> the signature is completely independant.
>> 
>> Well, then remove or otherwise mangle the signature in the disk of
>> your TiVo DVR and see at what point the boot-up process halts.

> I have actually done exactly that. what happens is that the bootloader
> detects a problem and switches to the other active partition ane
> reboots. ir neither of the boot partitions meet the requirements the
> cycle will continue forever.

Oh, too bad.  That must be a bug in the boot loader, right? :-)


BTW, since you got a TiVo...  I'm writing an article on Tivoization,
could you (or anyone else) please help me get information as to what
other GPLed programs or libraries TiVo includes in their devices?

Thanks in advance,

-- 
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FSF Latin America Board Member http://www.fsfla.org/
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

 On Thu, 21 Jun 2007, Alexandre Oliva wrote:
 On Jun 20, 2007, [EMAIL PROTECTED] wrote:
 
 but the signature isn't part of the kernel, and the code that checks
 the signature is completely independant.
 
 Well, then remove or otherwise mangle the signature in the disk of
 your TiVo DVR and see at what point the boot-up process halts.

 I have actually done exactly that. what happens is that the bootloader
 detects a problem and switches to the other active partition ane
 reboots. ir neither of the boot partitions meet the requirements the
 cycle will continue forever.

Oh, too bad.  That must be a bug in the boot loader, right? :-)


BTW, since you got a TiVo...  I'm writing an article on Tivoization,
could you (or anyone else) please help me get information as to what
other GPLed programs or libraries TiVo includes in their devices?

Thanks in advance,

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
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Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

2007-06-21 Thread Alexandre Oliva
On Jun 21, 2007, [EMAIL PROTECTED] wrote:

 how exactly can they prevent a system that's been tampered with from
 accessing their network?

By denying access to their servers?  By not granting whatever is
needed to initiate network sessions?

And note, it's been tampered with is not necessarily enough of a
reason to cut someone off, it has to meet these requirements:

   when the modification itself materially and adversely affects the
   operation of the network or violates the rules and protocols for
   communication across the network.

 (something even you say they have a right to do)

as long as this right is not used by the software distributor to
impose restrictions on the user's ability to adapt the software to
their own needs.  The GPLv3 paragraph above makes a fair concession in
this regard, don't you agree?

-- 
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer   [EMAIL PROTECTED], gcc.gnu.org}
Free Software Evangelist  [EMAIL PROTECTED], gnu.org}
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