* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]
@ 2006-12-15 23:56 karderio
2006-12-16 0:24 ` Linus Torvalds
0 siblings, 1 reply; 34+ messages in thread
From: karderio @ 2006-12-15 23:56 UTC (permalink / raw)
To: torvalds, linux-kernel
Hi :o)
Linus Torvalds wrote :
> The silly thing is, the people who tend to push most for this are the
> exact SAME people who say that the RIAA etc should not be able to tell
> people what to do with the music copyrights that they own, and that the
> DMCA is bad because it puts technical limits over the rights expressly
> granted by copyright law.
>
> Doesn't anybody else see that as being hypocritical?
>
> So it's ok when we do it, but bad when other people do it? Somehow I'm not
> surprised, but I still think it's sad how you guys are showing a marked
> two-facedness about this.
The comparison of what is being suggested for kernel modules to the
actions of the RIAA doesn't seem very fitting. If anything is being
pushed, and anybody is being told what to do, it seems to be pushing for
"openness" and telling corporations to provide important information
about their products. The RIAA seems to be doing the opposite, enforcing
total control over what they release.
Apparently, the GPL itself is a compromise, in order to assure freedom
of information in a non-ideal world. The GPL combats copyright law with
copyright law, it's paradoxical but not hypocritical, and what is being
suggested here for kernel modules seems analog. To call people who are
struggling for freedom with comparatively few resources "two faced" or
"hypocritical" when they must compromise on their principles doesn't
seem all that fair.
If the "free software community" has the clout to twist vendor's arms to
get them release driver source, then I'm all for it. I'm generally not
at all combative, and would generally argue for leaving people free to
do as they wish. In this case I think the issue, the freedom of
information, is rather an important one, and within reason measures
should be taken to defend it.
Love, Karderio.
"He who receives an idea from me, receives instruction himself without
lessening mine; as he who lights his taper at mine, receives light
without darkening me."
^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-15 23:56 GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] karderio @ 2006-12-16 0:24 ` Linus Torvalds 2006-12-16 1:27 ` Alan 2006-12-16 2:32 ` GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] karderio 0 siblings, 2 replies; 34+ messages in thread From: Linus Torvalds @ 2006-12-16 0:24 UTC (permalink / raw) To: karderio; +Cc: linux-kernel On Sat, 16 Dec 2006, karderio wrote: > > If the "free software community" has the clout to twist vendor's arms to > get them release driver source, then I'm all for it. I don't care what you're for, or what your imaginary "free software community" is for. We're "open source", and we're not a religion. We don't "twist peoples arms". We show people what we think is a better way, and we let them participate. We don't force it, we don't twist it, and it's ok not to believe in the GPL or our ideals. In fact, "our ideals" aren't even one unified thing to begin with. We also don't try to pervert copyright into a "you have to _use_ things in a certain way". We don't think "fair use" is a bad thing. We encourage it, and that means that we have to abide by it ourselves. It means, most particularly, that even people we disagree with have that right of "fair use". That, btw, is what "freedom" and "rights" are all about. It's obly meaningful when you grant those rights to people you don't agree with. Also, since you haven't apparently gotten the memo yet, let me point it out to you: the end results don't justify the means, and never did. So arm-twisting doesn't become good just because you think the end result might be worth it. It's still bad. And btw, that "information freedom" thing you talked about is just so much blather and idiotic hogwash. "Information" doesn't want to be free, nor is it somethign you should fight for or necessarily even encourage. It doesn't hold a candle to _peoples_ freedom, the foremost of which is to just disagree with you. Once you allow people to talk and do what they want, that "information freedom" will follow. It's not a religion, and it's not about suppressing other people and other viewpoints. Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 0:24 ` Linus Torvalds @ 2006-12-16 1:27 ` Alan 2006-12-16 1:53 ` Linus Torvalds ` (3 more replies) 2006-12-16 2:32 ` GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] karderio 1 sibling, 4 replies; 34+ messages in thread From: Alan @ 2006-12-16 1:27 UTC (permalink / raw) To: Linus Torvalds; +Cc: karderio, linux-kernel > blather and idiotic hogwash. "Information" doesn't want to be free, nor is > it somethign you should fight for or necessarily even encourage. As a pedant that is the one item I have to pick you up on Linus. Information wants to be free, the natural efficient economic state of information is generally free in both senses. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 1:27 ` Alan @ 2006-12-16 1:53 ` Linus Torvalds 2006-12-16 3:59 ` jdow ` (2 subsequent siblings) 3 siblings, 0 replies; 34+ messages in thread From: Linus Torvalds @ 2006-12-16 1:53 UTC (permalink / raw) To: Alan; +Cc: karderio, linux-kernel On Sat, 16 Dec 2006, Alan wrote: > > blather and idiotic hogwash. "Information" doesn't want to be free, nor is > > it somethign you should fight for or necessarily even encourage. > > As a pedant that is the one item I have to pick you up on Linus. > Information wants to be free, the natural efficient economic state of > information is generally free in both senses. I would say that that is a different thing. It "takes effort" to actually hide information, so in that sense, it's actually more expensive to try to keep it "non-free". But that has nothing to do with the FSF kind of "freedom", the same way "no price" has nothing to do with that freedom. So "information wants to be free" is more about "free as in beer", I'd argue. Trying to suppress information (or spread mis-information) takes real effort. Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 1:27 ` Alan 2006-12-16 1:53 ` Linus Torvalds @ 2006-12-16 3:59 ` jdow 2006-12-16 17:08 ` David Nicol 2006-12-20 19:46 ` Lord of the code! [was: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]] Steven Rostedt 3 siblings, 0 replies; 34+ messages in thread From: jdow @ 2006-12-16 3:59 UTC (permalink / raw) To: Alan, Linus Torvalds; +Cc: karderio, linux-kernel From: "Alan" <alan@lxorguk.ukuu.org.uk> >> blather and idiotic hogwash. "Information" doesn't want to be free, nor >> is >> it somethign you should fight for or necessarily even encourage. > > As a pedant that is the one item I have to pick you up on Linus. > Information wants to be free, the natural efficient economic state of > information is generally free in both senses. Alan, you might as well declare a rock wants to be free. Information does not have a brain that could in any way want to be free. It is all people who want something for nothing who want information to be free. {^_^} JOanne ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 1:27 ` Alan 2006-12-16 1:53 ` Linus Torvalds 2006-12-16 3:59 ` jdow @ 2006-12-16 17:08 ` David Nicol 2006-12-20 19:46 ` Lord of the code! [was: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]] Steven Rostedt 3 siblings, 0 replies; 34+ messages in thread From: David Nicol @ 2006-12-16 17:08 UTC (permalink / raw) To: linux-kernel On 12/15/06, Alan <alan@lxorguk.ukuu.org.uk> wrote: > > blather and idiotic hogwash. "Information" doesn't want to be free, nor is > > it somethign you should fight for or necessarily even encourage. > > As a pedant that is the one item I have to pick you up on Linus. > Information wants to be free, the natural efficient economic state of > information is generally free in both senses. I have often thought that "information wants to be free" is a meaningless phrase that tends to stop arguments because it is difficult to understand the words in it. Raw data does not act without agent. The universe does tend towards increasing entropy however. Here's a fun thought experiment: If you burn a book do you free the words? -- He thought he could organize freedom how naive and controlling of him (Bjork, then some) ^ permalink raw reply [flat|nested] 34+ messages in thread
* Lord of the code! [was: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]] 2006-12-16 1:27 ` Alan ` (2 preceding siblings ...) 2006-12-16 17:08 ` David Nicol @ 2006-12-20 19:46 ` Steven Rostedt 2006-12-20 20:27 ` alan 3 siblings, 1 reply; 34+ messages in thread From: Steven Rostedt @ 2006-12-20 19:46 UTC (permalink / raw) To: Alan; +Cc: Linus Torvalds, karderio, linux-kernel On Sat, 2006-12-16 at 01:27 +0000, Alan wrote: > > blather and idiotic hogwash. "Information" doesn't want to be free, > nor is > > it somethign you should fight for or necessarily even encourage. > > As a pedant that is the one item I have to pick you up on Linus. > Information wants to be free, the natural efficient economic state of > information is generally free in both senses. "Remember Frodo, It wants to be free^Wfound" Sorry, couldn't resist... -- Steve ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: Lord of the code! [was: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]] 2006-12-20 19:46 ` Lord of the code! [was: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]] Steven Rostedt @ 2006-12-20 20:27 ` alan 0 siblings, 0 replies; 34+ messages in thread From: alan @ 2006-12-20 20:27 UTC (permalink / raw) To: Steven Rostedt; +Cc: Alan, Linus Torvalds, karderio, linux-kernel On Wed, 20 Dec 2006, Steven Rostedt wrote: > On Sat, 2006-12-16 at 01:27 +0000, Alan wrote: > >>> blather and idiotic hogwash. "Information" doesn't want to be free, >> nor is >>> it somethign you should fight for or necessarily even encourage. >> >> As a pedant that is the one item I have to pick you up on Linus. >> Information wants to be free, the natural efficient economic state of >> information is generally free in both senses. > > "Remember Frodo, It wants to be free^Wfound" "Information does not want to be free. It wants to be tied up and spanked." > Sorry, couldn't resist... Neither could I. ]:> -- Q: Why do programmers confuse Halloween and Christmas? A: Because OCT 31 == DEC 25 ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 0:24 ` Linus Torvalds 2006-12-16 1:27 ` Alan @ 2006-12-16 2:32 ` karderio 2006-12-16 2:55 ` Linus Torvalds 1 sibling, 1 reply; 34+ messages in thread From: karderio @ 2006-12-16 2:32 UTC (permalink / raw) To: Linus Torvalds; +Cc: linux-kernel Re :o) On Fri, 2006-12-15 at 16:24 -0800, Linus Torvalds wrote: > > On Sat, 16 Dec 2006, karderio wrote: > > > > If the "free software community" has the clout to twist vendor's arms to > > get them release driver source, then I'm all for it. > > I don't care what you're for, or what your imaginary "free software > community" is for. > > We're "open source" and we're not a religion. In the spirit of mutual understanding, I will not say that I do not care "what you are for", despite your at least very unfriendly reply. You are a person, I care about you, no matter how hard that can be. To be as blatantly frank with you as you are with me, I will say I personally do not care much for open source. I do not see the point of having source code if it's owner imposes the same arbitrary restrictions on my use of it as they can on binary, I want more guarantees than that. > We don't "twist peoples arms". I didn't suggest that you twist peoples arms, I was talking about my imaginary "free software community" ;) > We show people what we think is a better way, and we let them > participate. We don't force it, we don't twist it, and it's ok not to > believe in the GPL or our ideals. That seems great, this is also one of the things I aspire to. I was simply suggesting that perhaps a minor compromise to this principle may be in order, which is of course debatable. > In fact, "our ideals" aren't even one unified thing to begin with. I'm sure they're not, I don't really see how that would work to be honest. > We also don't try to pervert copyright into a "you have to _use_ things > in a certain way". We don't think "fair use" is a bad thing. We encourage > it, and that means that we have to abide by it ourselves. It means, most > particularly, that even people we disagree with have that right of "fair > use". As it stands, I believe the licence of the Linux kernel does impose certain restrictions and come with certain obligations. In what is the suggestion for kernel modules fundamentally different from what you already require of your users ? > That, btw, is what "freedom" and "rights" are all about. It's obly > meaningful when you grant those rights to people you don't agree with. Precisely. A community grants users the right to an open source kernel, why should certain vendors take away from this freedom by providing binary only drivers because they don't agree with that community ? > Also, since you haven't apparently gotten the memo yet, let me point it > out to you: the end results don't justify the means, and never did. So > arm-twisting doesn't become good just because you think the end result > might be worth it. It's still bad. That of course was neither suggested nor implied by what I said, at least not intentionally. > And btw, that "information freedom" thing you talked about is just so much > blather and idiotic hogwash. "Information" doesn't want to be free, nor is > it somethign you should fight for or necessarily even encourage. > > It doesn't hold a candle to _peoples_ freedom, the foremost of which is to > just disagree with you. Once you allow people to talk and do what they > want, that "information freedom" will follow. I have no problem with people disagreeing with me, I would even go to as far as encouraging it in a discussion. If I may however, I think it is no more effort to disagree respectfully, rather than being sarcastic, insulting and using words that could be interpreted as downright aggressive. Of course "freedom of information" could never hold a candle to peoples freedom, and it would be ridiculous to suggest so. There is a big difference between "reasonable measures" and "fighting", I don't see where you got that from. I think that the basic problem for which we are seeking a solution is that binary drivers do not permit people to "do what they want", which by your own definition, shows that they take away from "_peoples_ freedom". > It's not a religion, and it's not about suppressing other people and other > viewpoints. I certainly hope I didn't seem to suggest anything like that, you appear to be ranting at me because of your disagreements with some third party. Is "software as a religion" some sort of "joke religion" like Invisible Pink Unicorn or Flying Spaghetti Monsterism ? Love, Karderio. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 2:32 ` GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] karderio @ 2006-12-16 2:55 ` Linus Torvalds 2006-12-16 6:43 ` Willy Tarreau 2006-12-18 21:04 ` karderio 0 siblings, 2 replies; 34+ messages in thread From: Linus Torvalds @ 2006-12-16 2:55 UTC (permalink / raw) To: karderio; +Cc: linux-kernel On Sat, 16 Dec 2006, karderio wrote: > > As it stands, I believe the licence of the Linux kernel does impose > certain restrictions and come with certain obligations Absolutely. And they boil down to something very simple: "Derived works have to be under the same license" where the rest is just really fluff. But the point is, "derived work" is not what _you_ or _I_ define. It's what copyright law defines. And trying to push that definition too far is a total disaster. If you push the definition of derived work to "anything that touches our work", you're going to end up in a very dark and unhappy place. One where the RIAA is your best buddy. And the proposed "we make some technical measure whereby we draw our _own_ lines" is exactly that total disaster. We don't draw our own lines. We accept that the lines are drawn for us by copyright law, and we actually _hope_ that the lines aren't too sharp and too clearcut. Because sharp edges on copyright is the worst possible situation we could ever be in. The reason fair use is so important is exactly that it blunts/dulls the sharp knife that overly strong copyright protection could be. It would be a total disaster if you couldn't quote other peoples work, and if you couldn't make parodies on them, and if you couldn't legally use the knowledge you gained for them. In other words, copyright MUST NOT be seen as some "we own this, and you have no rights AT ALL unless you play along with our rules". Copyright absolutely _has_ to allow others to have some rights to play according to their rules even without our permission, and even if we don't always agree with what they do. And that is why it would be WRONG to think that we have the absolute right to say "that is illegal". It's simply not our place to make that judgement. When you start thinking that you have absolute control over the content or programs you produce, and that the rest of the worlds opinions doesn't matter, you're just _wrong_. And no, "BECAUSE I'M GOOD" is _not_ an excuse. It's never an excuse to do something like that just because you believe you are "in the right". It doesn't matter _how_ much you believe in freedom, or anything else - everybody _always_ thinks that they are in the right. The RIAA I'm sure is in a moral lather because they are protecting their own stronghold of morality against the infidels and barbarians at the gate. So don't go talking about how we should twist peoples arms and force them to be open source of free software. Instead, BE HAPPY that people can take advantage of "loopholes" in copyright protections and can legally do things that you as the copyright owner might not like. Because those "loopholes" are in the end what protects YOU. Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 2:55 ` Linus Torvalds @ 2006-12-16 6:43 ` Willy Tarreau 2006-12-16 10:28 ` Rafael J. Wysocki ` (2 more replies) 2006-12-18 21:04 ` karderio 1 sibling, 3 replies; 34+ messages in thread From: Willy Tarreau @ 2006-12-16 6:43 UTC (permalink / raw) To: Linus Torvalds; +Cc: karderio, linux-kernel On Fri, Dec 15, 2006 at 06:55:17PM -0800, Linus Torvalds wrote: > > > On Sat, 16 Dec 2006, karderio wrote: > > > > As it stands, I believe the licence of the Linux kernel does impose > > certain restrictions and come with certain obligations > > Absolutely. And they boil down to something very simple: > > "Derived works have to be under the same license" > > where the rest is just really fluff. > > But the point is, "derived work" is not what _you_ or _I_ define. It's > what copyright law defines. > > And trying to push that definition too far is a total disaster. If you > push the definition of derived work to "anything that touches our work", > you're going to end up in a very dark and unhappy place. One where the > RIAA is your best buddy. > > And the proposed "we make some technical measure whereby we draw our _own_ > lines" is exactly that total disaster. > > We don't draw our own lines. We accept that the lines are drawn for us by > copyright law, and we actually _hope_ that the lines aren't too sharp and > too clearcut. Because sharp edges on copyright is the worst possible > situation we could ever be in. > > The reason fair use is so important is exactly that it blunts/dulls the > sharp knife that overly strong copyright protection could be. All this is about "fair use", and "fair use" comes from compatibility between the author's intent and the user's intent. For this exact reason, I have added a "LICENSE" file [1] in my software (haproxy) stating that I explicitly permit linking with binary code if the user has no other choice (eg: protocols specs obtained under NDA), provided that "derived work" does not steal any GPL code (include files are under LGPL). On the other hand, all "common protocols" are developped under GPL so that normal users are the winners, and everyone is strongly encouraged to use the GPL for their new code to benefit from everyone else's eyes on the code. This clarifies my intent and let developers decide whether *they* are doing legal things or not. Don't you think it would be a good idea to add such a precision in the sources ? It could put an end to all those repeated lessons you have to teach to a lot of people about fair use. Or perhaps you like to put your teacher hat once a month ? :-) Regards, Willy [1] http://haproxy.1wt.eu/download/1.3/src/LICENSE ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 6:43 ` Willy Tarreau @ 2006-12-16 10:28 ` Rafael J. Wysocki 2006-12-16 10:50 ` Willy Tarreau ` (2 more replies) 2006-12-16 14:42 ` Theodore Tso 2006-12-16 16:28 ` Linus Torvalds 2 siblings, 3 replies; 34+ messages in thread From: Rafael J. Wysocki @ 2006-12-16 10:28 UTC (permalink / raw) To: Willy Tarreau; +Cc: Linus Torvalds, karderio, linux-kernel On Saturday, 16 December 2006 07:43, Willy Tarreau wrote: > On Fri, Dec 15, 2006 at 06:55:17PM -0800, Linus Torvalds wrote: > > > > > > On Sat, 16 Dec 2006, karderio wrote: > > > > > > As it stands, I believe the licence of the Linux kernel does impose > > > certain restrictions and come with certain obligations > > > > Absolutely. And they boil down to something very simple: > > > > "Derived works have to be under the same license" > > > > where the rest is just really fluff. > > > > But the point is, "derived work" is not what _you_ or _I_ define. It's > > what copyright law defines. > > > > And trying to push that definition too far is a total disaster. If you > > push the definition of derived work to "anything that touches our work", > > you're going to end up in a very dark and unhappy place. One where the > > RIAA is your best buddy. > > > > And the proposed "we make some technical measure whereby we draw our _own_ > > lines" is exactly that total disaster. > > > > We don't draw our own lines. We accept that the lines are drawn for us by > > copyright law, and we actually _hope_ that the lines aren't too sharp and > > too clearcut. Because sharp edges on copyright is the worst possible > > situation we could ever be in. > > > > The reason fair use is so important is exactly that it blunts/dulls the > > sharp knife that overly strong copyright protection could be. > > All this is about "fair use", and "fair use" comes from compatibility > between the author's intent and the user's intent. For this exact reason, > I have added a "LICENSE" file [1] in my software (haproxy) stating that I > explicitly permit linking with binary code if the user has no other choice > (eg: protocols specs obtained under NDA), provided that "derived work" > does not steal any GPL code (include files are under LGPL). On the other > hand, all "common protocols" are developped under GPL so that normal users > are the winners, and everyone is strongly encouraged to use the GPL for > their new code to benefit from everyone else's eyes on the code. > > This clarifies my intent and let developers decide whether *they* are > doing legal things or not. > > Don't you think it would be a good idea to add such a precision in the > sources ? It could put an end to all those repeated lessons you have to > teach to a lot of people about fair use. Or perhaps you like to put > your teacher hat once a month ? :-) I think the most important problem with the binary-only drivers is that we can't support their users _at_ _all_, but some of them expect us to support them somehow. So, why don't we make an official statement, like something that will appear on the front page of www.kernel.org, that the users of binary-only drivers will never get any support from us? That would make things crystal clear. Greetings, Rafael -- If you don't have the time to read, you don't have the time or the tools to write. - Stephen King ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 10:28 ` Rafael J. Wysocki @ 2006-12-16 10:50 ` Willy Tarreau 2006-12-16 11:09 ` Rafael J. Wysocki 2006-12-16 15:15 ` Gene Heskett 2006-12-16 16:33 ` Linus Torvalds 2 siblings, 1 reply; 34+ messages in thread From: Willy Tarreau @ 2006-12-16 10:50 UTC (permalink / raw) To: Rafael J. Wysocki; +Cc: Linus Torvalds, karderio, linux-kernel On Sat, Dec 16, 2006 at 11:28:27AM +0100, Rafael J. Wysocki wrote: > On Saturday, 16 December 2006 07:43, Willy Tarreau wrote: > > On Fri, Dec 15, 2006 at 06:55:17PM -0800, Linus Torvalds wrote: > > > > > > > > > On Sat, 16 Dec 2006, karderio wrote: > > > > > > > > As it stands, I believe the licence of the Linux kernel does impose > > > > certain restrictions and come with certain obligations > > > > > > Absolutely. And they boil down to something very simple: > > > > > > "Derived works have to be under the same license" > > > > > > where the rest is just really fluff. > > > > > > But the point is, "derived work" is not what _you_ or _I_ define. It's > > > what copyright law defines. > > > > > > And trying to push that definition too far is a total disaster. If you > > > push the definition of derived work to "anything that touches our work", > > > you're going to end up in a very dark and unhappy place. One where the > > > RIAA is your best buddy. > > > > > > And the proposed "we make some technical measure whereby we draw our _own_ > > > lines" is exactly that total disaster. > > > > > > We don't draw our own lines. We accept that the lines are drawn for us by > > > copyright law, and we actually _hope_ that the lines aren't too sharp and > > > too clearcut. Because sharp edges on copyright is the worst possible > > > situation we could ever be in. > > > > > > The reason fair use is so important is exactly that it blunts/dulls the > > > sharp knife that overly strong copyright protection could be. > > > > All this is about "fair use", and "fair use" comes from compatibility > > between the author's intent and the user's intent. For this exact reason, > > I have added a "LICENSE" file [1] in my software (haproxy) stating that I > > explicitly permit linking with binary code if the user has no other choice > > (eg: protocols specs obtained under NDA), provided that "derived work" > > does not steal any GPL code (include files are under LGPL). On the other > > hand, all "common protocols" are developped under GPL so that normal users > > are the winners, and everyone is strongly encouraged to use the GPL for > > their new code to benefit from everyone else's eyes on the code. > > > > This clarifies my intent and let developers decide whether *they* are > > doing legal things or not. > > > > Don't you think it would be a good idea to add such a precision in the > > sources ? It could put an end to all those repeated lessons you have to > > teach to a lot of people about fair use. Or perhaps you like to put > > your teacher hat once a month ? :-) > > I think the most important problem with the binary-only drivers is that we > can't support their users _at_ _all_, but some of them expect us to support > them somehow. Agreed this is the most important problem. > So, why don't we make an official statement, like something that will appear > on the front page of www.kernel.org, that the users of binary-only drivers > will never get any support from us? That would make things crystal clear. This would constitute a good starting point. But what I was trying to address is the other side of the problem : all the politicial discussions on LKML which make the developers waste their time always trying to explain the same things to extremist people (you see, "we must forbid binary drivers to protect users freedom" and "I'm free to run whatever I want"). I don't care at all about what those people think and I don't like the way they want to impose their vision to others. But above all, but I'm fed up with those recurrent subjects on development and bug reporting mailing list, they waste everyone's time. > Greetings, > Rafael Regards, Willy ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 10:50 ` Willy Tarreau @ 2006-12-16 11:09 ` Rafael J. Wysocki 0 siblings, 0 replies; 34+ messages in thread From: Rafael J. Wysocki @ 2006-12-16 11:09 UTC (permalink / raw) To: Willy Tarreau; +Cc: Linus Torvalds, karderio, linux-kernel On Saturday, 16 December 2006 11:50, Willy Tarreau wrote: > On Sat, Dec 16, 2006 at 11:28:27AM +0100, Rafael J. Wysocki wrote: > > On Saturday, 16 December 2006 07:43, Willy Tarreau wrote: > > > On Fri, Dec 15, 2006 at 06:55:17PM -0800, Linus Torvalds wrote: > > > > > > > > > > > > On Sat, 16 Dec 2006, karderio wrote: > > > > > > > > > > As it stands, I believe the licence of the Linux kernel does impose > > > > > certain restrictions and come with certain obligations > > > > > > > > Absolutely. And they boil down to something very simple: > > > > > > > > "Derived works have to be under the same license" > > > > > > > > where the rest is just really fluff. > > > > > > > > But the point is, "derived work" is not what _you_ or _I_ define. It's > > > > what copyright law defines. > > > > > > > > And trying to push that definition too far is a total disaster. If you > > > > push the definition of derived work to "anything that touches our work", > > > > you're going to end up in a very dark and unhappy place. One where the > > > > RIAA is your best buddy. > > > > > > > > And the proposed "we make some technical measure whereby we draw our _own_ > > > > lines" is exactly that total disaster. > > > > > > > > We don't draw our own lines. We accept that the lines are drawn for us by > > > > copyright law, and we actually _hope_ that the lines aren't too sharp and > > > > too clearcut. Because sharp edges on copyright is the worst possible > > > > situation we could ever be in. > > > > > > > > The reason fair use is so important is exactly that it blunts/dulls the > > > > sharp knife that overly strong copyright protection could be. > > > > > > All this is about "fair use", and "fair use" comes from compatibility > > > between the author's intent and the user's intent. For this exact reason, > > > I have added a "LICENSE" file [1] in my software (haproxy) stating that I > > > explicitly permit linking with binary code if the user has no other choice > > > (eg: protocols specs obtained under NDA), provided that "derived work" > > > does not steal any GPL code (include files are under LGPL). On the other > > > hand, all "common protocols" are developped under GPL so that normal users > > > are the winners, and everyone is strongly encouraged to use the GPL for > > > their new code to benefit from everyone else's eyes on the code. > > > > > > This clarifies my intent and let developers decide whether *they* are > > > doing legal things or not. > > > > > > Don't you think it would be a good idea to add such a precision in the > > > sources ? It could put an end to all those repeated lessons you have to > > > teach to a lot of people about fair use. Or perhaps you like to put > > > your teacher hat once a month ? :-) > > > > I think the most important problem with the binary-only drivers is that we > > can't support their users _at_ _all_, but some of them expect us to support > > them somehow. > > Agreed this is the most important problem. > > > So, why don't we make an official statement, like something that will appear > > on the front page of www.kernel.org, that the users of binary-only drivers > > will never get any support from us? That would make things crystal clear. > > This would constitute a good starting point. But what I was trying > to address is the other side of the problem : all the politicial > discussions on LKML which make the developers waste their time > always trying to explain the same things to extremist people (you > see, "we must forbid binary drivers to protect users freedom" and > "I'm free to run whatever I want"). I don't care at all about what > those people think and I don't like the way they want to impose > their vision to others. But above all, but I'm fed up with those > recurrent subjects on development and bug reporting mailing list, > they waste everyone's time. Agreed. Greetings, Rafael ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 10:28 ` Rafael J. Wysocki 2006-12-16 10:50 ` Willy Tarreau @ 2006-12-16 15:15 ` Gene Heskett 2006-12-17 11:04 ` Geert Uytterhoeven 2006-12-16 16:33 ` Linus Torvalds 2 siblings, 1 reply; 34+ messages in thread From: Gene Heskett @ 2006-12-16 15:15 UTC (permalink / raw) To: linux-kernel; +Cc: Rafael J. Wysocki, Willy Tarreau, Linus Torvalds, karderio On Saturday 16 December 2006 05:28, Rafael J. Wysocki wrote: >On Saturday, 16 December 2006 07:43, Willy Tarreau wrote: [...] >I think the most important problem with the binary-only drivers is that > we can't support their users _at_ _all_, but some of them expect us to > support them somehow. > >So, why don't we make an official statement, like something that will > appear on the front page of www.kernel.org, that the users of > binary-only drivers will never get any support from us? That would > make things crystal clear. > >Greetings, >Rafael I disagree with this, to the extent that I perceive this business of no support for a 'tainted' kernel to be almost in the same category as saying that if we configure and build our own kernels, then we are alone and you don't want to hear about it. Yes, there is a rather large difference in actual fact, but if I come to the list with a firewire or usb problem, we should be capable of divorcing the fact that I may also be using an ati or nvidia supplied driver from the firewire or usb problem at hand. I am not in fact using the ati driver with my 9200SE, as the in-kernel as its plenty good enough for that I do, but that's the point. To automaticly deny supplying what might be helpfull suggestions just because the user has a 'tainted' kernel strikes me as being pretty darned hypocritical, particularly when the user states he has reverted but this instant problem persists. Yes, there have been bad drivers, but they are generally rather quickly known about, and replaced with newer versions in short order if problems of a fixed pattern are known to occur with version xyz of the nvidia stuff. small rant: Ati's track record is not so stellar in terms of timely fixes, but from comments I see, their support may be getting better, but IMO the main support we see is from their PR people announcing yet another linux driver project we rarely see the output of while the card itself is still in production. I've been burnt there, twice now, once I even bought linux drivers from a 3rd party & took a bath on that too, wanting to use such and such a card, waiting till we had a driver for that card, then going after the card only to find it doesn't work, they've replaced the card with a new, completely incompatible version without changing anything on the box, and only the windows cd and the actual card in the box. That's just plain criminal, that box should be carrying at least a new part number so the buyer can make an intelligent choice. /rant But those are *my* problems and I'm a big boy now. I just want to point out that this 'tainted' business, while 90% politically driven, is a huge turnoff for the Joe Sixpacks looking to get the M$ shaft out of an orifice normally used for other things. I also have witnessed more of this argument, which seems to occur at monthly intervals, than I care to. This is not productive use of anyones time. And I've now contributed to the noise so I'll SU... -- Cheers, Gene "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed Howdershelt (Author) Yahoo.com and AOL/TW attorneys please note, additions to the above message by Gene Heskett are: Copyright 2006 by Maurice Eugene Heskett, all rights reserved. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 15:15 ` Gene Heskett @ 2006-12-17 11:04 ` Geert Uytterhoeven 0 siblings, 0 replies; 34+ messages in thread From: Geert Uytterhoeven @ 2006-12-17 11:04 UTC (permalink / raw) To: Gene Heskett; +Cc: Linux Kernel Development On Sat, 16 Dec 2006, Gene Heskett wrote: > On Saturday 16 December 2006 05:28, Rafael J. Wysocki wrote: > >On Saturday, 16 December 2006 07:43, Willy Tarreau wrote: > [...] > >I think the most important problem with the binary-only drivers is that > > we can't support their users _at_ _all_, but some of them expect us to > > support them somehow. > > > >So, why don't we make an official statement, like something that will > > appear on the front page of www.kernel.org, that the users of > > binary-only drivers will never get any support from us? That would > > make things crystal clear. > > I disagree with this, to the extent that I perceive this business of no > support for a 'tainted' kernel to be almost in the same category as > saying that if we configure and build our own kernels, then we are alone > and you don't want to hear about it. > > Yes, there is a rather large difference in actual fact, but if I come to There's indeed a big difference. That's why people ask for your .config and for the changes you made to your kernel (especially in cases like `Hi, the kernel crashes with my newly written driver'). > the list with a firewire or usb problem, we should be capable of > divorcing the fact that I may also be using an ati or nvidia supplied > driver from the firewire or usb problem at hand. You can divorce it by not loading the binary-only driver(s) and reproducing the problem. > I am not in fact using the ati driver with my 9200SE, as the in-kernel as > its plenty good enough for that I do, but that's the point. To > automaticly deny supplying what might be helpfull suggestions just > because the user has a 'tainted' kernel strikes me as being pretty darned > hypocritical, particularly when the user states he has reverted but this > instant problem persists. Then the kernel is no longer tainted, right? Gr{oetje,eeting}s, Geert -- Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- geert@linux-m68k.org In personal conversations with technical people, I call myself a hacker. But when I'm talking to journalists I just say "programmer" or something like that. -- Linus Torvalds ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 10:28 ` Rafael J. Wysocki 2006-12-16 10:50 ` Willy Tarreau 2006-12-16 15:15 ` Gene Heskett @ 2006-12-16 16:33 ` Linus Torvalds 2 siblings, 0 replies; 34+ messages in thread From: Linus Torvalds @ 2006-12-16 16:33 UTC (permalink / raw) To: Rafael J. Wysocki; +Cc: Willy Tarreau, karderio, linux-kernel On Sat, 16 Dec 2006, Rafael J. Wysocki wrote: > > I think the most important problem with the binary-only drivers is that we > can't support their users _at_ _all_, but some of them expect us to support > them somehow. Actually, I do think that we've made our position on that side pretty clear. I think people do by-and-large know that if they load a binary module, they simply can't get supported by the kernel developers. We make that fairly clear at module loadign time, and I think it's also something that people who have read linux-kernel or seen other peoples bug-reports are reasonably aware of. I realize that a lot of people never read the kernel mailing list, but they probably don't look at www.kernel.org either - they got their kernel from their distribution. The only way they realize is probably by looking at where they got whatever binary modules they use. That said - it should be noted that a lot of the time when you use a binary module and have an oops, the oops doesn't necessarily have anything to do with your binary module. If I recognize the oops from other reports, I certainly won't say "I'm not going to help you, because you used a binary module". If I can tell where the problem is, the binary module is a non-issue. It's only when we try to debug things that we say "You've got a binary module, you need to reproduce this problem _without_ it, because otherwise we can't bother to waste our time on trying to debug something that may be due to somebody else". Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 6:43 ` Willy Tarreau 2006-12-16 10:28 ` Rafael J. Wysocki @ 2006-12-16 14:42 ` Theodore Tso 2006-12-16 16:30 ` Willy Tarreau 2006-12-16 16:54 ` Jeremy Fitzhardinge 2006-12-16 16:28 ` Linus Torvalds 2 siblings, 2 replies; 34+ messages in thread From: Theodore Tso @ 2006-12-16 14:42 UTC (permalink / raw) To: Willy Tarreau; +Cc: Linus Torvalds, karderio, linux-kernel On Sat, Dec 16, 2006 at 07:43:44AM +0100, Willy Tarreau wrote: > All this is about "fair use", and "fair use" comes from compatibility > between the author's intent and the user's intent. That is NOT TRUE. If the author's intent is that anyone who is using a TV with a screen larger than 29" and with two chairs is a theatrical performance, and so anyone with a large screen TV must ask permission from the MPAA first and pay $$$ before they crack open a DVD, would you think that they should be allowed to claim that watching a DVD isn't fair use unless you obey their rules? I thought not. - Ted P.S. For people who live in the US; write your congresscritters; the MPAA wants to propose new legislation stating exactly this. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 14:42 ` Theodore Tso @ 2006-12-16 16:30 ` Willy Tarreau 2006-12-16 20:23 ` Theodore Tso 2006-12-16 16:54 ` Jeremy Fitzhardinge 1 sibling, 1 reply; 34+ messages in thread From: Willy Tarreau @ 2006-12-16 16:30 UTC (permalink / raw) To: Theodore Tso, Linus Torvalds, karderio, linux-kernel On Sat, Dec 16, 2006 at 09:42:36AM -0500, Theodore Tso wrote: > On Sat, Dec 16, 2006 at 07:43:44AM +0100, Willy Tarreau wrote: > > All this is about "fair use", and "fair use" comes from compatibility > > between the author's intent and the user's intent. > > That is NOT TRUE. If the author's intent is that anyone who is using > a TV with a screen larger than 29" and with two chairs is a theatrical > performance, and so anyone with a large screen TV must ask permission > from the MPAA first and pay $$$ before they crack open a DVD, would > you think that they should be allowed to claim that watching a DVD > isn't fair use unless you obey their rules? > > I thought not. I don't think this is the same case. The film _author_'s primary goal is to have a lot of families buy his DVD to watch it. Whatever the MPAA says, I can consider it "fair use" if a family of 4..8 persons watch the DVD at the same time. However, I may consider it an abuse when a sports club projects the film for 30 persons. [OT] > > - Ted > > P.S. For people who live in the US; write your congresscritters; the > MPAA wants to propose new legislation stating exactly this. I feel sorry for you, really. Sadly, stupid american laws generally contaminate Europe 10 years later, so we will eventually feel sad too. [/OT] Regards, Willy ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 16:30 ` Willy Tarreau @ 2006-12-16 20:23 ` Theodore Tso 2006-12-16 21:04 ` Willy Tarreau 0 siblings, 1 reply; 34+ messages in thread From: Theodore Tso @ 2006-12-16 20:23 UTC (permalink / raw) To: Willy Tarreau; +Cc: Linus Torvalds, karderio, linux-kernel On Sat, Dec 16, 2006 at 05:30:31PM +0100, Willy Tarreau wrote: > I don't think this is the same case. The film _author_'s primary goal is > to have a lot of families buy his DVD to watch it. Whatever the MPAA says, > I can consider it "fair use" if a family of 4..8 persons watch the DVD at > the same time. "You can consider it"? But you're not the author. This is the hypocrisy that Linus was talking about. At the same time that you're trying to dictate to other other people can use their copy of the Linux kernel, when it comes to others people's copyrighted work, you feel to dictate what is and isn't "fair use". That's the big thing about dynamic linking. The GPL has always said it is about distribution, not about use. The dynamic linking of a kernel module happens in the privacy of someone's home. When we try to dictate what people are doing in the privacy in their home, we're no better than the MPAA or the RIAA. As far as whether or not someone is allowed to distribute a binary module that can be linked into the Linux kernel, that's a question of whether the binary module is a derived work or not. And that's not up to us, that's up to the local laws. But before you decide that you want the most extreme form of anything that wanders close to one person's code or header files is a derived work, and to start going to work lobbying your local legislature, recall that there have been those who have claimed that Linux is a derived work of Unix because we used things like #define's for errno codes and structure definitions of ELF binaries. You really sure you want to go there? - Ted ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 20:23 ` Theodore Tso @ 2006-12-16 21:04 ` Willy Tarreau 0 siblings, 0 replies; 34+ messages in thread From: Willy Tarreau @ 2006-12-16 21:04 UTC (permalink / raw) To: Theodore Tso, Linus Torvalds, karderio, linux-kernel On Sat, Dec 16, 2006 at 03:23:12PM -0500, Theodore Tso wrote: > On Sat, Dec 16, 2006 at 05:30:31PM +0100, Willy Tarreau wrote: > > I don't think this is the same case. The film _author_'s primary goal is > > to have a lot of families buy his DVD to watch it. Whatever the MPAA says, > > I can consider it "fair use" if a family of 4..8 persons watch the DVD at > > the same time. > > "You can consider it"? But you're not the author. This is the > hypocrisy that Linus was talking about. At the same time that you're > trying to dictate to other other people can use their copy of the > Linux kernel, when it comes to others people's copyrighted work, you > feel to dictate what is and isn't "fair use". No, I don't want to dictate, it's the opposite, I say what _I_ consider fair use. Other people will consider it other ways. It's exactly the gray area Linus was talking about. As long as all parties agree on one given fair use, there's no problem. Discussion and sometimes litigation is needed when some parties disagree. > That's the big thing about dynamic linking. The GPL has always said > it is about distribution, not about use. The dynamic linking of a > kernel module happens in the privacy of someone's home. When we try > to dictate what people are doing in the privacy in their home, we're > no better than the MPAA or the RIAA. 100% agreed with you on this ! > As far as whether or not someone is allowed to distribute a binary > module that can be linked into the Linux kernel, that's a question of > whether the binary module is a derived work or not. And that's not up > to us, that's up to the local laws. But before you decide that you > want the most extreme form of anything that wanders close to one > person's code or header files is a derived work, and to start going to > work lobbying your local legislature, recall that there have been > those who have claimed that Linux is a derived work of Unix because we > used things like #define's for errno codes and structure definitions > of ELF binaries. You really sure you want to go there? Ted, I think you get me wrong. I don't want to dictate anyone what's derived work and what is not. Instead, it's the opposite. I just want to indicate them what's explicitly permitted by the author and copyright owner (at least by me as the author/copyright owner when I can) so that people can decide by themselves what level of risk they take by doing whatever they want. What I consider the most important is to encourage fair use even in areas I never anticipated, and when possible, try to protect fair users from the GPL zealots who want to bite whenever one gives them an opportunity to abuse the gray area to feel stronger. I have opened even more my software and tried to clarify the reasons why I chose the dual license exactly for this reason. What I was suggesting is to add a clarification with the kernel to avoid those overly long threads on LKML such as this one. It would basically be structured like this : "Use in the following order" : 1) fully respect the license and you're OK. 2) play in the gray area if you need and if you consider it fair use, but seek legal advice from a lawyer (and not LKML) before ! 3) explicitly violate the license, and prepare to get sued sooner or later. For GPL zealots : please do not report what _you_ consider abuse to LKML, contact the abuser, then a lawyer or specialized sites for this. But Linus is right, he's not the only copyright owner, and that makes it harder to touch anything related to license and use. > - Ted Willy ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 14:42 ` Theodore Tso 2006-12-16 16:30 ` Willy Tarreau @ 2006-12-16 16:54 ` Jeremy Fitzhardinge 1 sibling, 0 replies; 34+ messages in thread From: Jeremy Fitzhardinge @ 2006-12-16 16:54 UTC (permalink / raw) To: Theodore Tso, Willy Tarreau, Linus Torvalds, karderio, linux-kernel Theodore Tso wrote: > P.S. For people who live in the US; write your congresscritters; the > MPAA wants to propose new legislation stating exactly this. > (Erm, that was a joke on a parody site; it got widely reported as "news". http://www.bbspot.com/News/2006/11/home-theater-regulations.html Other headlines: MPAA to Thwart Pirates by Making All Movies Suck Sony Unveils New Self-Destructive DVD Player J) ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 6:43 ` Willy Tarreau 2006-12-16 10:28 ` Rafael J. Wysocki 2006-12-16 14:42 ` Theodore Tso @ 2006-12-16 16:28 ` Linus Torvalds 2006-12-16 16:49 ` Willy Tarreau 2 siblings, 1 reply; 34+ messages in thread From: Linus Torvalds @ 2006-12-16 16:28 UTC (permalink / raw) To: Willy Tarreau; +Cc: karderio, linux-kernel On Sat, 16 Dec 2006, Willy Tarreau wrote: > > All this is about "fair use", and "fair use" comes from compatibility > between the author's intent and the user's intent. No. "fair use" comes from an INcompatibility between the author's intent and the users intent. In other words, "fair use" kicks in EXACTLY when an author says "you can't copy this except when you [payme, stand on your head for two hours, give your modifications back]", and the user _disagrees_. Users still have rights under copyright law even when the author tries to deny them those rights. Of course, all reasonable true authors tend to agree with fair use. People who actually do "original work" tend to all realize that everybody really feeds off of each others works, and that we're all inspired by authors etc that went before us. So I doubt a lot of real authors, musicians or computer programmers will actually disagree with the notion of fair use, but it's important to realize that fair use is exactly for when the users and the authors rights clash, and the user DOES have rights. Even rights that weren't explicitly given to them by the author. > For this exact reason, I have added a "LICENSE" file [1] in my software > (haproxy) stating that I explicitly permit linking with binary code if > the user has no other choice (eg: protocols specs obtained under NDA), > provided that "derived work" does not steal any GPL code (include files > are under LGPL). On the other hand, all "common protocols" are > developped under GPL so that normal users are the winners, and everyone > is strongly encouraged to use the GPL for their new code to benefit from > everyone else's eyes on the code. > > This clarifies my intent and let developers decide whether *they* are > doing legal things or not. I think that's fine, and I think it may make some of your users happier, and breathe more easily. I don't disagree with that kind of clarification. But: > Don't you think it would be a good idea to add such a precision in the > sources ? I think it would be a hell of a lot better idea if people just realized that they have "fair use" rights whether the authors give them or not, and that the authors copyrights NEVER extend to anything but a "derived work". I find the RIAA's position and the DMCA distasteful, and in that I probably have a lot of things in common with a lot of people on this list. But by _exactly_ the same token, I also find the FSF's position and a lot of GPL zealots' position on this matter very distasteful. Because "fair use" is NOT somethng that should be specified in the license. It's very much something that people have DESPITE any license claiming otherwise. And I'd rather teach people that fundamental fact, than try to confuse the issue EVEN MORE by saying that my copyright only extends to derived works in the license text. That will just make people think that if the license does NOT say that, they don't have fair use. AND THAT IS WRONG. Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 16:28 ` Linus Torvalds @ 2006-12-16 16:49 ` Willy Tarreau 2006-12-16 17:20 ` Linus Torvalds 0 siblings, 1 reply; 34+ messages in thread From: Willy Tarreau @ 2006-12-16 16:49 UTC (permalink / raw) To: Linus Torvalds; +Cc: karderio, linux-kernel On Sat, Dec 16, 2006 at 08:28:20AM -0800, Linus Torvalds wrote: > On Sat, 16 Dec 2006, Willy Tarreau wrote: > > > > All this is about "fair use", and "fair use" comes from compatibility > > between the author's intent and the user's intent. > > No. "fair use" comes from an INcompatibility between the author's intent > and the users intent. > > In other words, "fair use" kicks in EXACTLY when an author says "you can't > copy this except when you [payme, stand on your head for two hours, give > your modifications back]", and the user _disagrees_. > > Users still have rights under copyright law even when the author tries to > deny them those rights. I understand your point, but not completely agree with the comparison, because I think that you (as the "author") are in the type of authors you describe below : > Of course, all reasonable true authors tend to agree with fair use. People > who actually do "original work" tend to all realize that everybody really > feeds off of each others works, and that we're all inspired by authors etc > that went before us. So I doubt a lot of real authors, musicians or > computer programmers will actually disagree with the notion of fair use, > but it's important to realize that fair use is exactly for when the users > and the authors rights clash, and the user DOES have rights. Even rights > that weren't explicitly given to them by the author. And it is in this situation that I see the compatibility between the user's and the author's intent : if the user doubts about his fair use and asks the author, generally the author agrees to extend his fair use perimeter. (...) > I think it would be a hell of a lot better idea if people just realized ^^^^^^^^^^^^^^^^^^^^^^^ > that they have "fair use" rights whether the authors give them or not, and > that the authors copyrights NEVER extend to anything but a "derived work". > > I find the RIAA's position and the DMCA distasteful, and in that I > probably have a lot of things in common with a lot of people on this list. > But by _exactly_ the same token, I also find the FSF's position and a lot > of GPL zealots' position on this matter very distasteful. ^^^^^^^^^^^ You see my point ? The users generally understand "fair use" easier than the GPL zealots which pollute the list or strip down kernel drivers to save users' freedom. And it is to protect fair users from those people that I explicited my intent along with the license. > Because "fair use" is NOT somethng that should be specified in the > license. It's very much something that people have DESPITE any license > claiming otherwise. > > And I'd rather teach people that fundamental fact, than try to confuse the > issue EVEN MORE by saying that my copyright only extends to derived works > in the license text. That will just make people think that if the license > does NOT say that, they don't have fair use. AND THAT IS WRONG. That's a valid point. What is really needed is to tell them that if they doubt, they just have to ask the author and not be advised by any GPL zealot. > Linus Regards, Willy ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 16:49 ` Willy Tarreau @ 2006-12-16 17:20 ` Linus Torvalds 2006-12-16 18:33 ` Dave Jones 0 siblings, 1 reply; 34+ messages in thread From: Linus Torvalds @ 2006-12-16 17:20 UTC (permalink / raw) To: Willy Tarreau; +Cc: karderio, linux-kernel On Sat, 16 Dec 2006, Willy Tarreau wrote: > > I understand your point, but not completely agree with the comparison, > because I think that you (as the "author") are in the type of authors > you describe below : > > > Of course, all reasonable true authors tend to agree with fair use. Sure. Sadly, in this day and age, "copyright owner" and "author" only bear a very passing resemblance to each other. In a lot of areas, the AUTHOR may be a very reasonable person, and realize that fair use is a good thing, and perhaps even realize that in some places even unfair use can be a good thing (do you really think you should pay $20 for a DVD if you make $3 a month in a sweatshop in china? Maybe piracy sometimes is simply better..) But the author may also have his own reasons for wanting to _deny_ fair use. Maybe he's just a royal a-hole, and wants to milk his work for whatever it's worth. But maybe he's a person with an agenda, and wants to ignore fair use because he wants to "improve the world for everybody", never mind that he tries to deny people a fundamental right in the process. I call those people a-holes too (in all fairness, they return the favor, so we're all even ;) But even more commonly, the author simply doesn't control the copyright at all any more. In many areas (and software is one - including even large swaths of free software), the copyrights of a work is not really controlled by the author of the work, but by companies or foundations that have no reason to really try to educate people about "fair use". So I actually think that the authors that actually UNDERSTAND fair use, and realize that people can use portions of their work without permission, AND that actually control their work is a very very very small subset of authors in general. This has nothing to do with software per se, btw. Pick up one of the Calvin & Hobbes books by Bill Watterson - I think it may have been the "10 year anniversary" one - where he talks about the disagreements he had with the people who actually controlled the copyrights (and I think also some of the people who used his artwork without any permission - the line between "fair use" and "illegal" really is a murky one, and while we should celebrate that murkiness, it's also why people disagree). > > And I'd rather teach people that fundamental fact, than try to confuse the > > issue EVEN MORE by saying that my copyright only extends to derived works > > in the license text. That will just make people think that if the license > > does NOT say that, they don't have fair use. AND THAT IS WRONG. > > That's a valid point. What is really needed is to tell them that if they > doubt, they just have to ask the author and not be advised by any GPL zealot. Well, in open source, there often isn't any one "the author". So you can't do that. And when there is, as mentioned, he may not actually even have the legal right any more to give you any license advice. And even when he does hold the copyrights, he may change his mind later. So in the end, the thing you can and should depend on is: the license text itself (and happily, the GPLv2 very clearly talks about the real line being "derived work" - it may be a murky line, and they seem to want to change that to something harder in the GPLv3, but it's a good line), a separate signed contract, or simply a legal opinion, preferably by a judge in a court of law. Of course, it very seldom gets to that kind of issue. People tend to just walk very gently around it all. If you want to be safe, you NEVER do any binary modules. The only _obviously_ safe thing is to always do only what the license very explicitly allows you to, and in the case of the GPLv2, that's to release all modifications under the same GPLv2. Anything else, you have to make some really scary decisions. Can a judge decide that a binary module is a derived work even though you didn't actually use any code? The real answer is: HELL YES. It's _entirely_ possible that a judge would find NVidia and ATI in violation of the GPLv2 with their modules. Judges have done stranger things. And it's not my place to say what the limit of "derived work" actually is. It all probably depends on a lot of circumstances, and there simply isn't an easy answer. Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 17:20 ` Linus Torvalds @ 2006-12-16 18:33 ` Dave Jones 2006-12-17 1:56 ` Adrian Bunk ` (2 more replies) 0 siblings, 3 replies; 34+ messages in thread From: Dave Jones @ 2006-12-16 18:33 UTC (permalink / raw) To: Linus Torvalds; +Cc: Willy Tarreau, karderio, linux-kernel On Sat, Dec 16, 2006 at 09:20:15AM -0800, Linus Torvalds wrote: > Anything else, you have to make some really scary decisions. Can a judge > decide that a binary module is a derived work even though you didn't > actually use any code? The real answer is: HELL YES. It's _entirely_ > possible that a judge would find NVidia and ATI in violation of the GPLv2 > with their modules. ATI in particular, I'm amazed their lawyers OK'd stuff like.. +ifdef STANDALONE MODULE_LICENSE(GPL); +endif This a paraphrased diff, it's been a while since I've seen it. It's GPL if you build their bundled copy of the AGPGART code as agpgart.ko, but the usual use case is that it's built-in to fglrx.ko, which sounds incredibly dubious. Now, AGPGART has a murky past wrt licenses. It initally was imported into the tree with the license "GPL plus additional rights". Nowhere was it actually documented what those rights were, but I'm fairly certain it wasn't to enable nonsense like the above. As it came from the XFree86 folks, it's more likely they really meant "Dual GPL/MIT" or similar. When I took over, any new code I wrote I explicitly set out to mark as GPL code, as my modifications weren't being contributed back to X, they were going back to the Linux kernel. ATI took those AGPv3 modifications from a 2.5 kernel, backported them to their 2.4 driver, and when time came to do a 2.6 driver, instead of doing the sensible thing and dropping them in favour of using the kernel AGP driver, they chose to forward port their unholy abomination to 2.6. It misses so many fixes (and introduces a number of other problems) that its just unfunny. The thing that really ticks me off though is the free support ATI seem to think they're entitled to. I've had end-users emailing me "I asked ATI about this crash I've been seeing with fglrx, and they asked me to mail you". I invest my time into improving free drivers. When companies start expecting me to debug their part binary garbage mixed with license violations, frankly, I think they're taking the piss. A year and a half ago, I met an ATI engineer at OLS, who told me they were going to 'resolve this'. I'm still waiting. I live in hope that the AMD buyout will breathe some sanity into ATI. Then again, I've only a limited supply of optimism. Dave -- http://www.codemonkey.org.uk ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 18:33 ` Dave Jones @ 2006-12-17 1:56 ` Adrian Bunk 2006-12-17 3:06 ` Adrian Bunk 2006-12-17 20:23 ` Gerhard Mack 2006-12-21 19:39 ` Pavel Machek 2 siblings, 1 reply; 34+ messages in thread From: Adrian Bunk @ 2006-12-17 1:56 UTC (permalink / raw) To: Dave Jones, Linus Torvalds, Willy Tarreau, karderio, linux-kernel On Sat, Dec 16, 2006 at 01:33:01PM -0500, Dave Jones wrote: > On Sat, Dec 16, 2006 at 09:20:15AM -0800, Linus Torvalds wrote: > > > Anything else, you have to make some really scary decisions. Can a judge > > decide that a binary module is a derived work even though you didn't > > actually use any code? The real answer is: HELL YES. It's _entirely_ > > possible that a judge would find NVidia and ATI in violation of the GPLv2 > > with their modules. > > ATI in particular, I'm amazed their lawyers OK'd stuff like.. > > +ifdef STANDALONE > MODULE_LICENSE(GPL); > +endif > > This a paraphrased diff, it's been a while since I've seen it. > It's GPL if you build their bundled copy of the AGPGART code as agpgart.ko, > but the usual use case is that it's built-in to fglrx.ko, which sounds > incredibly dubious. >... Current versions contain MODULE_LICENSE("GPL and additional rights"); ... > The thing that really ticks me off though is the free support ATI seem > to think they're entitled to. I've had end-users emailing me > "I asked ATI about this crash I've been seeing with fglrx, and they > asked me to mail you". > > I invest my time into improving free drivers. When companies start > expecting me to debug their part binary garbage mixed with license > violations, frankly, I think they're taking the piss. > > A year and a half ago, I met an ATI engineer at OLS, who told me they > were going to 'resolve this'. I'm still waiting. > I live in hope that the AMD buyout will breathe some sanity into ATI. > Then again, I've only a limited supply of optimism. But who's actually taking legal actions? Perhaps pending legal changes that will turn copyright violations into crimes might help to take legal actions without the legal risks of civil trials. Otherwise, it seems to be highly unlikely that anyone will want to sue a company that is often located in a different country, and the only possible legal action will be cease and desist letters against people who are infriding the copyright by e.g. selling Linux distributions containing fglrx at Ebay or operating Debian ftp mirrors. That sounds highly unfair, but unfortunately it also seems to be the only effective way for someone without a big wallet to effectively act against such licence violations... > Dave cu Adrian -- "Is there not promise of rain?" Ling Tan asked suddenly out of the darkness. There had been need of rain for many days. "Only a promise," Lao Er said. Pearl S. Buck - Dragon Seed ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-17 1:56 ` Adrian Bunk @ 2006-12-17 3:06 ` Adrian Bunk 0 siblings, 0 replies; 34+ messages in thread From: Adrian Bunk @ 2006-12-17 3:06 UTC (permalink / raw) To: Dave Jones, Linus Torvalds, Willy Tarreau, karderio, linux-kernel On Sun, Dec 17, 2006 at 02:56:09AM +0100, Adrian Bunk wrote: >... > Otherwise, it seems to be highly unlikely that anyone will want to sue a > company that is often located in a different country, and the only > possible legal action will be cease and desist letters against people > who are infriding the copyright by e.g. selling Linux distributions > containing fglrx at Ebay or operating Debian ftp mirrors. That sounds > highly unfair, but unfortunately it also seems to be the only effective > way for someone without a big wallet to effectively act against such > licence violations... To avoid any misunderstandings: I do not want to threaten anyone, and I do not plan to do such legal actions myself. My point is simply that whoever considers this grey area a good thing and wants to leave clarifications to the lawyers should be aware that e.g. in the fglrx and nvidia cases it's quite possible that the target of legal actions might not be AMD but e.g. the Technical University of Dresden that is distributing the offending code in Germany [1]. cu Adrian [1] by operating ftp.de.debian.org -- "Is there not promise of rain?" Ling Tan asked suddenly out of the darkness. There had been need of rain for many days. "Only a promise," Lao Er said. Pearl S. Buck - Dragon Seed ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 18:33 ` Dave Jones 2006-12-17 1:56 ` Adrian Bunk @ 2006-12-17 20:23 ` Gerhard Mack 2006-12-21 19:39 ` Pavel Machek 2 siblings, 0 replies; 34+ messages in thread From: Gerhard Mack @ 2006-12-17 20:23 UTC (permalink / raw) To: Dave Jones; +Cc: Linus Torvalds, Willy Tarreau, karderio, linux-kernel, support On Sat, 16 Dec 2006, Dave Jones wrote: > On Sat, Dec 16, 2006 at 09:20:15AM -0800, Linus Torvalds wrote: > > > Anything else, you have to make some really scary decisions. Can a judge > > decide that a binary module is a derived work even though you didn't > > actually use any code? The real answer is: HELL YES. It's _entirely_ > > possible that a judge would find NVidia and ATI in violation of the GPLv2 > > with their modules. > > ATI in particular, I'm amazed their lawyers OK'd stuff like.. > > +ifdef STANDALONE > MODULE_LICENSE(GPL); > +endif > > This a paraphrased diff, it's been a while since I've seen it. > It's GPL if you build their bundled copy of the AGPGART code as agpgart.ko, > but the usual use case is that it's built-in to fglrx.ko, which sounds > incredibly dubious. > > Now, AGPGART has a murky past wrt licenses. It initally was imported > into the tree with the license "GPL plus additional rights". > Nowhere was it actually documented what those rights were, but I'm > fairly certain it wasn't to enable nonsense like the above. > As it came from the XFree86 folks, it's more likely they really meant > "Dual GPL/MIT" or similar. > > When I took over, any new code I wrote I explicitly set out to mark as GPL > code, as my modifications weren't being contributed back to X, they were > going back to the Linux kernel. ATI took those AGPv3 modifications from > a 2.5 kernel, backported them to their 2.4 driver, and when time came > to do a 2.6 driver, instead of doing the sensible thing and dropping > them in favour of using the kernel AGP driver, they chose to forward > port their unholy abomination to 2.6. > It misses so many fixes (and introduces a number of other problems) > that its just unfunny. > > The thing that really ticks me off though is the free support ATI seem > to think they're entitled to. I've had end-users emailing me > "I asked ATI about this crash I've been seeing with fglrx, and they > asked me to mail you". > > I invest my time into improving free drivers. When companies start > expecting me to debug their part binary garbage mixed with license > violations, frankly, I think they're taking the piss. > > A year and a half ago, I met an ATI engineer at OLS, who told me they > were going to 'resolve this'. I'm still waiting. > I live in hope that the AMD buyout will breathe some sanity into ATI. > Then again, I've only a limited supply of optimism. You would think ATI's steaming pile of crap would be a good reason for them to give up on the whole binary module thing and just release specs so someone else can write a decent driver. I made the mistake of purchasing an ATI X1600. No open kernel driver.. no open X driver. The ATI drivers don't even complile on amd64 on any recent kernel and their X drivers are prone to random screen corruption that requires nothing less than a full reboot to clear. IMO let those morons keep writing themselves into a corner with this crud and then perhapse they will see for themselves that binary modules are a horribly bad idea instead of having someone else to blame when this whole thing finally fails. Gerhard -- Gerhard Mack gmack@innerfire.net <>< As a computer I find your faith in technology amusing. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 18:33 ` Dave Jones 2006-12-17 1:56 ` Adrian Bunk 2006-12-17 20:23 ` Gerhard Mack @ 2006-12-21 19:39 ` Pavel Machek 2 siblings, 0 replies; 34+ messages in thread From: Pavel Machek @ 2006-12-21 19:39 UTC (permalink / raw) To: Dave Jones, Linus Torvalds, Willy Tarreau, karderio, linux-kernel Hi! > > Anything else, you have to make some really scary decisions. Can a judge > > decide that a binary module is a derived work even though you didn't > > actually use any code? The real answer is: HELL YES. It's _entirely_ > > possible that a judge would find NVidia and ATI in violation of the GPLv2 > > with their modules. > > ATI in particular, I'm amazed their lawyers OK'd stuff like.. > > +ifdef STANDALONE > MODULE_LICENSE(GPL); > +endif > > This a paraphrased diff, it's been a while since I've seen it. > It's GPL if you build their bundled copy of the AGPGART code as agpgart.ko, > but the usual use case is that it's built-in to fglrx.ko, which sounds > incredibly dubious. > > Now, AGPGART has a murky past wrt licenses. It initally was imported > into the tree with the license "GPL plus additional rights". > Nowhere was it actually documented what those rights were, but I'm > fairly certain it wasn't to enable nonsense like the above. > As it came from the XFree86 folks, it's more likely they really meant > "Dual GPL/MIT" or similar. > > When I took over, any new code I wrote I explicitly set out to mark as GPL > code, as my modifications weren't being contributed back to X, they were > going back to the Linux kernel. ATI took those AGPv3 modifications from > a 2.5 kernel, backported them to their 2.4 driver, and when time came Do they actually distribute that AGPv3 + binary blob? In such case, you should simply ask them for the binary blob sources, and take them to the court if they refuse. RedHat should be big enough, and ATI certainly makes enough money... They'll probably resolve the problem fast if they feel legal actions are pending. Pavel -- Thanks for all the (sleeping) penguins. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-16 2:55 ` Linus Torvalds 2006-12-16 6:43 ` Willy Tarreau @ 2006-12-18 21:04 ` karderio 2006-12-18 22:05 ` Theodore Tso 2006-12-18 22:11 ` Linus Torvalds 1 sibling, 2 replies; 34+ messages in thread From: karderio @ 2006-12-18 21:04 UTC (permalink / raw) To: Linus Torvalds; +Cc: linux-kernel Hi :o) On Fri, 2006-12-15 at 18:55 -0800, Linus Torvalds wrote: > But the point is, "derived work" is not what _you_ or _I_ define. It's > what copyright law defines. Of course not. I never suggested trying to define a derived work. > And trying to push that definition too far is a total disaster. If you > push the definition of derived work to "anything that touches our work", > you're going to end up in a very dark and unhappy place. One where the > RIAA is your best buddy. I don't see how what is proposed for blocking non GPL modules at all touches the definition of derived work. Even if according to law and the GPL, binary modules are legal, the proposed changes could still be made. I have realised that the proposed changes do not *impose* any more restriction on the use of the kernel than currently exists. Currently the Kernel is licenced to impose the same licence on derived works, enforce distribution of source code etc. and this by law. The proposed changes do not impose anything, they just make things technically a little more complicated for some, and they can be trivially circumvented if one desires. Maybe not a good idea, but still no excuse for the sort of atrocious bigotry some people are exhibiting here. I do not mean to say this is a good thing, some of the arguments advanced here make me much less enthusiastic as at the beginning. As I said in my first post, and seemed to be promptly ignored, this can only by any use at all if it persuades vendors to provide the essential information about their products without hurting users too much, or further alienating vendors. All this is of course highly debatable, and needs discussing properly, if people are able to communicate in a civil manner that is. Before any fanatic ranting saying that people inducing slight complications are freedom hating Nazis who should be burned at the stake, please contrast this trivial complication with the extremely difficult work that must be done by someone wanting to write a driver when a vendor doesn't provide adequate documentation. It might be noted that in some countries it is quite illegal not to provide documentation for a product, just as it is illegal to limit a product to only work with a specific vendors merchandise when said product is in essence generic. This is the case in France, where these laws are simply ignored by corporations. A large French NFP sued HP last week about them not allowing their PCs to be sold without Windows, so we may finally start to get these laws applied. I have written the NFP to suggest that if the case does not extend to missing hardware documentation, maybe another case would be in order. In the past the people at this NFP have been very civil and cooperative with me. > And that is why it would be WRONG to think that we have the absolute right > to say "that is illegal". It's simply not our place to make that > judgement. When you start thinking that you have absolute control over the > content or programs you produce, and that the rest of the worlds opinions > doesn't matter, you're just _wrong_. I have seen nobody with the ponce to judge people or try to have control over them when arguing for these mods. I think all that has been said has been people trying to interpret the law, it's quite possible they got it wrong. Not that I can blame them, law is a not simple, and I can see people on both "sides" of the argument not getting things quite right here. I would note however that I personally find it distasteful to call people "wrong" rather than respectfully disagreeing with them. > So don't go talking about how we should twist peoples arms and force them > to be open source of free software. Instead, BE HAPPY that people can take > advantage of "loopholes" in copyright protections and can legally do > things that you as the copyright owner might not like. Because those > "loopholes" are in the end what protects YOU. I admit I should not have used the phrase "twist arm", I meant it in an entirely jocular sense, it is a phrase I never employ usually. Of course it is a mistake I regret. The word "persuade" would have been a much better choice. As I hope I clearly explained above, it wasn't suggested to "force" anybody to do anything. Although I don't appreciate insult or aggressively, I choose to ignore it in order to try and advance a reasonable discussion. I will not stand here and let you tell me what to and not to do however. It also makes you seem a bit hypocritical in a discussion where you are claiming to be arguing for "freedom". Love, Karderio. ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-18 21:04 ` karderio @ 2006-12-18 22:05 ` Theodore Tso 2006-12-18 22:11 ` Linus Torvalds 1 sibling, 0 replies; 34+ messages in thread From: Theodore Tso @ 2006-12-18 22:05 UTC (permalink / raw) To: karderio; +Cc: Linus Torvalds, linux-kernel On Mon, Dec 18, 2006 at 10:04:07PM +0100, karderio wrote: > I have realised that the proposed changes do not *impose* any more > restriction on the use of the kernel than currently exists. Currently > the Kernel is licenced to impose the same licence on derived works, > enforce distribution of source code etc. and this by law. The proposed > changes do not impose anything, they just make things technically a > little more complicated for some, and they can be trivially circumvented > if one desires. .... except that the people who proposed these changes have already suggested that these circumventions would be violations of the United States' Digital Milllenium Copyright Act, which has rather draconoian penalties for these "trivial circumventions". Which is precisely why Linus has said that if we go down this path, we are basically using the same tactics as the RIAA and MPAA. And why this kind of arm twisting as "pursuasion" would be a very, VERY bad idea. - Ted ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-18 21:04 ` karderio 2006-12-18 22:05 ` Theodore Tso @ 2006-12-18 22:11 ` Linus Torvalds 2006-12-18 22:42 ` Scott Preece 1 sibling, 1 reply; 34+ messages in thread From: Linus Torvalds @ 2006-12-18 22:11 UTC (permalink / raw) To: karderio; +Cc: linux-kernel On Mon, 18 Dec 2006, karderio wrote: > > I don't see how what is proposed for blocking non GPL modules at all > touches the definition of derived work. Even if according to law and the > GPL, binary modules are legal, the proposed changes could still be > made. .. and then what does that mean? It means that we try to say that people cannot do what they LEGALLY can do? In other words, it means that we are pushing a agenda that is no longer neither a technical issue (it's clearly technically _worse_ to not be able to do something) _nor_ a legal issue. So tell me, what does the proposed blocking actually do? It's "big prother, FSF style". And I say NO THANK YOU. Linus ^ permalink raw reply [flat|nested] 34+ messages in thread
* Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] 2006-12-18 22:11 ` Linus Torvalds @ 2006-12-18 22:42 ` Scott Preece 0 siblings, 0 replies; 34+ messages in thread From: Scott Preece @ 2006-12-18 22:42 UTC (permalink / raw) To: Linus Torvalds; +Cc: karderio, linux-kernel On 12/18/06, Linus Torvalds <torvalds@osdl.org> wrote: > > In other words, it means that we are pushing a agenda that is no longer > neither a technical issue (it's clearly technically _worse_ to not be able > to do something) _nor_ a legal issue. > > So tell me, what does the proposed blocking actually do? > > It's "big prother, FSF style". And I say NO THANK YOU. > > Linus --- Well, you can't really say it's "FSF-style", since the GPLv3 language explicitly gives permission to circumvent any protection measures implemented by a GPLv3 program. Even the FSF doesn't support using the DMCA to support GPL restrictions. scott ^ permalink raw reply [flat|nested] 34+ messages in thread
end of thread, other threads:[~2006-12-22 11:34 UTC | newest] Thread overview: 34+ messages (download: mbox.gz / follow: Atom feed) -- links below jump to the message on this page -- 2006-12-15 23:56 GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] karderio 2006-12-16 0:24 ` Linus Torvalds 2006-12-16 1:27 ` Alan 2006-12-16 1:53 ` Linus Torvalds 2006-12-16 3:59 ` jdow 2006-12-16 17:08 ` David Nicol 2006-12-20 19:46 ` Lord of the code! [was: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]] Steven Rostedt 2006-12-20 20:27 ` alan 2006-12-16 2:32 ` GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] karderio 2006-12-16 2:55 ` Linus Torvalds 2006-12-16 6:43 ` Willy Tarreau 2006-12-16 10:28 ` Rafael J. Wysocki 2006-12-16 10:50 ` Willy Tarreau 2006-12-16 11:09 ` Rafael J. Wysocki 2006-12-16 15:15 ` Gene Heskett 2006-12-17 11:04 ` Geert Uytterhoeven 2006-12-16 16:33 ` Linus Torvalds 2006-12-16 14:42 ` Theodore Tso 2006-12-16 16:30 ` Willy Tarreau 2006-12-16 20:23 ` Theodore Tso 2006-12-16 21:04 ` Willy Tarreau 2006-12-16 16:54 ` Jeremy Fitzhardinge 2006-12-16 16:28 ` Linus Torvalds 2006-12-16 16:49 ` Willy Tarreau 2006-12-16 17:20 ` Linus Torvalds 2006-12-16 18:33 ` Dave Jones 2006-12-17 1:56 ` Adrian Bunk 2006-12-17 3:06 ` Adrian Bunk 2006-12-17 20:23 ` Gerhard Mack 2006-12-21 19:39 ` Pavel Machek 2006-12-18 21:04 ` karderio 2006-12-18 22:05 ` Theodore Tso 2006-12-18 22:11 ` Linus Torvalds 2006-12-18 22:42 ` Scott Preece
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