dfsg isn't fsf (Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19])

[Oleg Verych]

On 2006-12-14, Alan wrote:
[]
> I doubt any distribution but the FSF "purified" Debian (the one that has
> no firmware so doesn't work) would do it.

DFSG "purified" Debian[1], please.

[1] 

--
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 #oo'L O  info make  : not found  o ( yes! -- R.I.P. FSF+RMS, viva )
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Dmitry Torokhov]

On Sunday 24 December 2006 09:27, Pavel Machek wrote:
> 
> perhaps printk('Binary only modules are not allowed by kernel license,
> but copyright law may still allow them in special cases. Be careful,

Come again?

> Greg is going tuo sue you at beggining of 2008 if you get it wrong.')
> would be acceptable way to educate people?

Since this message will be seen by an end-user who is likely does not
do any distribution he has nothing to fear from Greg ;)

-- 
Dmitry
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Mark Hounschell]

Sean wrote:
> On Sun, 24 Dec 2006 06:57:58 -0500
> Mark Hounschell <[EMAIL PROTECTED]> wrote:
> 
> 
>> Hum. We open sourced our drivers 2 years ago. Now one is 'changing' them
>> for us. The only way that happens is if they can get in the official
>> tree. I know just from monitoring this list that our drivers would never
>> be acceptable for inclusion in any "functional form". We open sourced
>> them purely out of respect for the way we know the community feels about
>> it.
> 
> That shows some class, thanks.
> 
>> It would cost more for us to make them acceptable for inclusion than it
>> does for us to just maintain them ourselves. I suspect that is true for
>> most vendor created drivers open source or not.
>>
>> So kernel developers making the required changes as the kernel changes
>> is NO real incentive for any vendor to open source their drivers. Sorry.
>>
>> If it were knowingly less difficult to actually get your drivers
>> included, that would be an incentive and then you original point would
>> hold as an additional incentive.
> 
> Out of curiosity what specific technical issues in your driver code make
> you think that it would be too expensive to whip them into shape for
> inclusion?
> 
> Cheers,
> Sean
> 

Well just off the top of my head, one of our drivers directly mucks with
all the irq affinities (irq_desc) via a provided user land library call.
This single call forces all 'other' irqs to be serviced by all the
'other' processors. I know this would never fly in kernel. User land
/proc manipulation is not an option for us  here.

We have another that absolutely requires the Bigphysarea patch. We
refuse to use "MEM=" and use a fixed address. Every installation
would require a special configuration and our 'end users' would have to
have some understanding of all that. We are also maintaining that patch
internally also. So this product (for full functionality with our not so
open source application) requires a special kernel to begin with. Other
than that this one might have a chance of inclusion. It only requires
the bigphysarea when used with this application. It will actually build
and work (basically) with or without it.

Another is actually somewhat tied to the one mentioned above in that
this one has to facilitate the ability of its card being able to to PIO
reads and writes to 'special locations' in userspace and to the SRAM
memory of the above card. Even when on different pci busses. I've looked
at some of the V4L drivers that also do this sort of thing and I'm
confused by how they are doing it so I'm almost certain that what we are
doing would be considered 'wrong'.

Then there is probably the biggest one of all. The coding style issue.
Don't get me wrong I understand and agree with what I've read about it.
Our drivers were written by hardware people. Or I should say they were
written by OUR hardware people. I can offend them because I am among
them. No offense intended to any of you invaluable hardware guys.

I see 6 months of full time work before I could even sanely ask what I
needed to do for inclusion. It seems easier to just try to keep up with
the changes.

I'm certain our company is not the only one in this situation. I see
many GPL external kernel drivers. Why?

Mark
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Pavel Machek]

Hi!

> > > > So let's come out and ban binary modules, rather than pussyfooting
> > > > around, if that's what we actually want to do.
> > > 
> > > Give people 12 months warning (time to work out what they're going to do,
> > > talk with the legal dept, etc) then make the kernel load only GPL-tagged
> > > modules.
> > > 
> > > I think I'd favour that.  It would aid those people who are trying to
> > > obtain device specs, and who are persuading organisations to GPL their 
> > > drivers.
> > 
> > Ok, I have no objection to that at all.  I'll whip up such a patch in a
> > bit to spit out kernel log messages whenever such a module is loaded so
> > that people have some warning.
> 
> Here you go.  The wording for the feature-removal-schedule.txt file
> could probably be cleaned up.  Any suggestions would be welcome.
> 
> thanks,
> 
> greg k-h
> 
> ---
> From: Greg Kroah-Hartmna <[EMAIL PROTECTED]>
> Subject: Notify non-GPL module loading will be going away in January 2008
> 
> Numerous kernel developers feel that loading non-GPL drivers into the
> kernel violates the license of the kernel and their copyright.  Because
> of this, a one year notice for everyone to address any non-GPL
> compatible modules has been set.
> 
> Signed-off-by: Greg Kroah-Hartman <[EMAIL PROTECTED]>
> 
> ---
>  Documentation/feature-removal-schedule.txt |9 +
>  kernel/module.c|6 +-
>  2 files changed, 14 insertions(+), 1 deletion(-)
> 
> --- gregkh-2.6.orig/Documentation/feature-removal-schedule.txt
> +++ gregkh-2.6/Documentation/feature-removal-schedule.txt
> @@ -281,3 +281,12 @@ Why: Speedstep-centrino driver with ACPI
>  Who: Venkatesh Pallipadi <[EMAIL PROTECTED]>
>  
>  ---
> +
> +What:non GPL licensed modules will able to be loaded successfully.
> +When:January 2008
> +Why: Numerous kernel developers feel that loading non-GPL drivers into the
> + kernel violates the license of the kernel and their copyright.
> +
> +Who: Greg Kroah-Hartman <[EMAIL PROTECTED]> or <[EMAIL PROTECTED]>
> +
> +---
> --- gregkh-2.6.orig/kernel/module.c
> +++ gregkh-2.6/kernel/module.c
> @@ -1393,9 +1393,13 @@ static void set_license(struct module *m
>   license = "unspecified";
>  
>   if (!license_is_gpl_compatible(license)) {
> - if (!(tainted & TAINT_PROPRIETARY_MODULE))
> + if (!(tainted & TAINT_PROPRIETARY_MODULE)) {
>   printk(KERN_WARNING "%s: module license '%s' taints "
>   "kernel.\n", mod->name, license);
> + printk(KERN_WARNING "%s: This module will not be able "
> + "to be loaded after January 1, 2008 due to its "
> + "license.\n", mod->name);
> + }
>   add_taint_module(mod, TAINT_PROPRIETARY_MODULE);
>   }
>  }

perhaps printk('Binary only modules are not allowed by kernel license,
but copyright law may still allow them in special cases. Be careful,
Greg is going tuo sue you at beggining of 2008 if you get it wrong.')
would be acceptable way to educate people?
Pavel
-- 
Thanks for all the (sleeping) penguins.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Sean]

On Sun, 24 Dec 2006 06:57:58 -0500
Mark Hounschell <[EMAIL PROTECTED]> wrote:


> Hum. We open sourced our drivers 2 years ago. Now one is 'changing' them
> for us. The only way that happens is if they can get in the official
> tree. I know just from monitoring this list that our drivers would never
> be acceptable for inclusion in any "functional form". We open sourced
> them purely out of respect for the way we know the community feels about
> it.

That shows some class, thanks.

> It would cost more for us to make them acceptable for inclusion than it
> does for us to just maintain them ourselves. I suspect that is true for
> most vendor created drivers open source or not.
> 
> So kernel developers making the required changes as the kernel changes
> is NO real incentive for any vendor to open source their drivers. Sorry.
> 
> If it were knowingly less difficult to actually get your drivers
> included, that would be an incentive and then you original point would
> hold as an additional incentive.

Out of curiosity what specific technical issues in your driver code make
you think that it would be too expensive to whip them into shape for
inclusion?

Cheers,
Sean

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Mark Hounschell]

James Courtier-Dutton wrote:
> 
> I agree with Linus on these points. The kernel should not be enforcing
> these issues. Leave the lawyers to do that bit. If companies want to
> play in the "Grey Area", then it is at their own risk. Binary drivers
> are already difficult and expensive for the companies because they have
> to keep updating them as we change the kernel versions. If they do open
> source drivers, we update them for them as we change the kernel
> versions, so it works out cheaper for the companies involved.
> 

Hum. We open sourced our drivers 2 years ago. Now one is 'changing' them
for us. The only way that happens is if they can get in the official
tree. I know just from monitoring this list that our drivers would never
be acceptable for inclusion in any "functional form". We open sourced
them purely out of respect for the way we know the community feels about
it.

It would cost more for us to make them acceptable for inclusion than it
does for us to just maintain them ourselves. I suspect that is true for
most vendor created drivers open source or not.

So kernel developers making the required changes as the kernel changes
is NO real incentive for any vendor to open source their drivers. Sorry.

If it were knowingly less difficult to actually get your drivers
included, that would be an incentive and then you original point would
hold as an additional incentive.

My humble $.02 worth

Regards
Mark



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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[James Courtier-Dutton]

Linus Torvalds wrote:


On Wed, 13 Dec 2006, Greg KH wrote:

Numerous kernel developers feel that loading non-GPL drivers into the
kernel violates the license of the kernel and their copyright.  Because
of this, a one year notice for everyone to address any non-GPL
compatible modules has been set.


Btw, I really think this is shortsighted.

It will only result in _exactly_ the crap we were just trying to avoid, 
namely stupid "shell game" drivers that don't actually help anything at 
all, and move code into user space instead.


What was the point again?

Was the point to alienate people by showing how we're less about the 
technology than about licenses?


Was the point to show that we think we can extend our reach past derived 
work boundaries by just saying so? 

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 fact is, the reason I don't think we should force the issue is very 
simple: copyright law is simply _better_off_ when you honor the admittedly 
gray issue of "derived work". It's gray. It's not black-and-white. But 
being gray is _good_. Putting artificial black-and-white technical 
counter-measures is actually bad. It's bad when the RIAA does it, it's bad 
when anybody else does it.


If a module arguably isn't a derived work, we simply shouldn't try to say 
that its authors have to conform to our worldview.


We should make decisions on TECHNICAL MERIT. And this one is clearly being 
pushed on anything but.




I agree with Linus on these points. The kernel should not be enforcing 
these issues. Leave the lawyers to do that bit. If companies want to 
play in the "Grey Area", then it is at their own risk. Binary drivers 
are already difficult and expensive for the companies because they have 
to keep updating them as we change the kernel versions. If they do open 
source drivers, we update them for them as we change the kernel 
versions, so it works out cheaper for the companies involved.


The open source community tends to be able to reverse engineer all 
drivers eventually anyway in order to ensure compatibility with all 
kernel versions and also ensure that the code is well reviewed and 
therefore contains fewer security loopholes, e.g. Atheros Wireless open 
source HAL. This also tends to make it rather pointless for companies to 
do binary drivers, because all it does is delay the open source version 
of the driver and increase the security risk to users. One other example 
I have, is that I reverse engineered a sound card driver so that we had 
an open source driver for it. Once I had manually documented the sound 
card, so we had details of all the registers and how to use them, the 
manufacturer finally sent the datasheet to me! A bit late really, but it 
certainly did encourage the manufacturer to pass datasheets to 
developers. I now have a large array of datasheets from this 
manufacturer that save me having to reverse engineer other sound cards 
in their range.
Making binary drivers is therefore not a viable way to protect IP. We 
are slowly removing the excuses that companies can hide behind as 
reasons for not releasing datasheets to open source driver developers.


James

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Horst H. von Brand]

[EMAIL PROTECTED] wrote:
> On Fri, 22 Dec 2006 02:34:54 +1100, Marek Wawrzyczny said:

[...]

> > Perhaps we just report on the individual devices then... forget the system 
> > rating.

> OK, *that* I see as potentially useful - I frequently get handed older
> boxen with strange gear

== gear for which there is probably no documentation at all

> in them, and need a way to figure out if I want to
> install software,

LiveCD of your choice...

>   or cannibalize it for parts. Also helpful if a buddy has
> a Frankintel box they build, and they want to know if they can install
> something other than Windows 

Same as above.

> Bonus points if it sees a card that has a known out-of-tree driver and
> tells you where to find it and what its license status is (I just went
> down that road with an Intel 3945)...

If in-tree driver is already a challange, out-of-tree is hopeless.
-- 
Dr. Horst H. von Brand   User #22616 counter.li.org
Departamento de InformaticaFono: +56 32 2654431
Universidad Tecnica Federico Santa Maria +56 32 2654239
Casilla 110-V, Valparaiso, Chile   Fax:  +56 32 2797513
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Adrian Bunk]

On Sat, Dec 23, 2006 at 10:36:02PM +0100, Pavel Machek wrote:
> On Sat 2006-12-23 12:24:29, Adrian Bunk wrote:
> > On Thu, Dec 21, 2006 at 03:38:29PM +, Pavel Machek wrote:
> > > On Thu 14-12-06 20:51:36, Adrian Bunk wrote:
> > > > On Thu, Dec 14, 2006 at 12:17:49PM -0500, Theodore Tso wrote:
> > > > > On Thu, Dec 14, 2006 at 04:33:47PM +, Alan wrote:
> > > > > > > The trick is to let a lawyer send cease and desist letters to 
> > > > > > > people 
> > > > > > > distributing the infringing software for 1 Euro at Ebay.
> > > > > > 
> > > > > > Doesn't that sound even more like the music industry ? Pick on 
> > > > > > Grandma,
> > > > > > and people who've no clue about the issue. It's not the way to 
> > > > > > solve such
> > > > > > problems. The world does not need "The war on binary modules". 
> > > > > > Educate
> > > > > > people instead, and talk to vendors.
> > > > > 
> > > > >  or like Microsoft, who is threatening to make war on end-users
> > > > > instead of settling things with vendors.  (One of the reasons why I
> > > > > personally find the Microsoft promise not to sue _Novell_'s end users
> > > > > so nasty.  Microsoft shouldn't be threatening anyone's users; if they
> > > > > have a problem, they should be taking it up with the relevant vendor,
> > > > > not sueing innocent and relatively shallow-pocketed end-users and
> > > > > distributors.)
> > > > > 
> > > > > One of the things that I find so interesting about how rabid people
> > > > > get about enforcing GPL-only modules is how they start acting more and
> > > > > more like the RIAA, MPAA, and Microsoft every day
> > > > 
> > > > Please don't think or imply I'd plan to do this, I'm only saying that 
> > > > there's a risk for users in such grey areas.
> > > > 
> > > > It could be that someone who wants to harm Linux starts suing people 
> > > > distributing Linux. If your goal is to harm Linux, suing users can 
> > > > simply be much more effective than suing vendors...
> > > > 
> > > > It could even be that people distributing Linux could receive cease and 
> > > > desist letters from people without any real interest in the issue
> > > > itself - "cease and desist letter"s are so frequent in Germany because 
> > > > the people who have to sign them have to pay the lawyers' costs that 
> > > > are 
> > > > usually > 1000 Euro, and that's a good business for the lawyers.
> > > 
> > > Something is very wrong with German legal system, I'm afraid.
> > 
> > The point that you can take legal actions against anyone distributing 
> > something that violates your rights should be present in more or less 
> > all legal systems.
> > 
> > What might be special in Germany is only that you can demand your costs 
> > after successfully taking legal actions.
> 
> What is special in Germany is fact that any random lawyer can demand
> $1000 (not his cost, his profit) if you distribute code that is not
> his...

This is a misunderstanding.

You can demand the costs for your lawyer.
The costs for your lawyer depend on the amount in controversy.

The one who tells his lawyer to take legal actions might be a copyright 
owner, but it's also possible based on competition law.

>   Pavel

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Pavel Machek]

On Sat 2006-12-23 12:24:29, Adrian Bunk wrote:
> On Thu, Dec 21, 2006 at 03:38:29PM +, Pavel Machek wrote:
> > On Thu 14-12-06 20:51:36, Adrian Bunk wrote:
> > > On Thu, Dec 14, 2006 at 12:17:49PM -0500, Theodore Tso wrote:
> > > > On Thu, Dec 14, 2006 at 04:33:47PM +, Alan wrote:
> > > > > > The trick is to let a lawyer send cease and desist letters to 
> > > > > > people 
> > > > > > distributing the infringing software for 1 Euro at Ebay.
> > > > > 
> > > > > Doesn't that sound even more like the music industry ? Pick on 
> > > > > Grandma,
> > > > > and people who've no clue about the issue. It's not the way to solve 
> > > > > such
> > > > > problems. The world does not need "The war on binary modules". Educate
> > > > > people instead, and talk to vendors.
> > > > 
> > > >  or like Microsoft, who is threatening to make war on end-users
> > > > instead of settling things with vendors.  (One of the reasons why I
> > > > personally find the Microsoft promise not to sue _Novell_'s end users
> > > > so nasty.  Microsoft shouldn't be threatening anyone's users; if they
> > > > have a problem, they should be taking it up with the relevant vendor,
> > > > not sueing innocent and relatively shallow-pocketed end-users and
> > > > distributors.)
> > > > 
> > > > One of the things that I find so interesting about how rabid people
> > > > get about enforcing GPL-only modules is how they start acting more and
> > > > more like the RIAA, MPAA, and Microsoft every day
> > > 
> > > Please don't think or imply I'd plan to do this, I'm only saying that 
> > > there's a risk for users in such grey areas.
> > > 
> > > It could be that someone who wants to harm Linux starts suing people 
> > > distributing Linux. If your goal is to harm Linux, suing users can 
> > > simply be much more effective than suing vendors...
> > > 
> > > It could even be that people distributing Linux could receive cease and 
> > > desist letters from people without any real interest in the issue
> > > itself - "cease and desist letter"s are so frequent in Germany because 
> > > the people who have to sign them have to pay the lawyers' costs that are 
> > > usually > 1000 Euro, and that's a good business for the lawyers.
> > 
> > Something is very wrong with German legal system, I'm afraid.
> 
> The point that you can take legal actions against anyone distributing 
> something that violates your rights should be present in more or less 
> all legal systems.
> 
> What might be special in Germany is only that you can demand your costs 
> after successfully taking legal actions.

What is special in Germany is fact that any random lawyer can demand
$1000 (not his cost, his profit) if you distribute code that is not
his...
Pavel
-- 
(english) http://www.livejournal.com/~pavelmachek
(cesky, pictures) 
http://atrey.karlin.mff.cuni.cz/~pavel/picture/horses/blog.html
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Adrian Bunk]

On Thu, Dec 21, 2006 at 03:38:29PM +, Pavel Machek wrote:
> On Thu 14-12-06 20:51:36, Adrian Bunk wrote:
> > On Thu, Dec 14, 2006 at 12:17:49PM -0500, Theodore Tso wrote:
> > > On Thu, Dec 14, 2006 at 04:33:47PM +, Alan wrote:
> > > > > The trick is to let a lawyer send cease and desist letters to people 
> > > > > distributing the infringing software for 1 Euro at Ebay.
> > > > 
> > > > Doesn't that sound even more like the music industry ? Pick on Grandma,
> > > > and people who've no clue about the issue. It's not the way to solve 
> > > > such
> > > > problems. The world does not need "The war on binary modules". Educate
> > > > people instead, and talk to vendors.
> > > 
> > >  or like Microsoft, who is threatening to make war on end-users
> > > instead of settling things with vendors.  (One of the reasons why I
> > > personally find the Microsoft promise not to sue _Novell_'s end users
> > > so nasty.  Microsoft shouldn't be threatening anyone's users; if they
> > > have a problem, they should be taking it up with the relevant vendor,
> > > not sueing innocent and relatively shallow-pocketed end-users and
> > > distributors.)
> > > 
> > > One of the things that I find so interesting about how rabid people
> > > get about enforcing GPL-only modules is how they start acting more and
> > > more like the RIAA, MPAA, and Microsoft every day
> > 
> > Please don't think or imply I'd plan to do this, I'm only saying that 
> > there's a risk for users in such grey areas.
> > 
> > It could be that someone who wants to harm Linux starts suing people 
> > distributing Linux. If your goal is to harm Linux, suing users can 
> > simply be much more effective than suing vendors...
> > 
> > It could even be that people distributing Linux could receive cease and 
> > desist letters from people without any real interest in the issue
> > itself - "cease and desist letter"s are so frequent in Germany because 
> > the people who have to sign them have to pay the lawyers' costs that are 
> > usually > 1000 Euro, and that's a good business for the lawyers.
> 
> Something is very wrong with German legal system, I'm afraid.

The point that you can take legal actions against anyone distributing 
something that violates your rights should be present in more or less 
all legal systems.

What might be special in Germany is only that you can demand your costs 
after successfully taking legal actions.

>   Pavel

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Niklas Steinkamp]

Hi,

Pavel wrote:
> Something is very wrong with German legal system, I'm afraid.
 
In this case you are right. Our legal system is often very strange.
__
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Pavel Machek]

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

-- 
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Pavel Machek]

On Thu 14-12-06 20:51:36, Adrian Bunk wrote:
> On Thu, Dec 14, 2006 at 12:17:49PM -0500, Theodore Tso wrote:
> > On Thu, Dec 14, 2006 at 04:33:47PM +, Alan wrote:
> > > > The trick is to let a lawyer send cease and desist letters to people 
> > > > distributing the infringing software for 1 Euro at Ebay.
> > > 
> > > Doesn't that sound even more like the music industry ? Pick on Grandma,
> > > and people who've no clue about the issue. It's not the way to solve such
> > > problems. The world does not need "The war on binary modules". Educate
> > > people instead, and talk to vendors.
> > 
> >  or like Microsoft, who is threatening to make war on end-users
> > instead of settling things with vendors.  (One of the reasons why I
> > personally find the Microsoft promise not to sue _Novell_'s end users
> > so nasty.  Microsoft shouldn't be threatening anyone's users; if they
> > have a problem, they should be taking it up with the relevant vendor,
> > not sueing innocent and relatively shallow-pocketed end-users and
> > distributors.)
> > 
> > One of the things that I find so interesting about how rabid people
> > get about enforcing GPL-only modules is how they start acting more and
> > more like the RIAA, MPAA, and Microsoft every day
> 
> Please don't think or imply I'd plan to do this, I'm only saying that 
> there's a risk for users in such grey areas.
> 
> It could be that someone who wants to harm Linux starts suing people 
> distributing Linux. If your goal is to harm Linux, suing users can 
> simply be much more effective than suing vendors...
> 
> It could even be that people distributing Linux could receive cease and 
> desist letters from people without any real interest in the issue
> itself - "cease and desist letter"s are so frequent in Germany because 
> the people who have to sign them have to pay the lawyers' costs that are 
> usually > 1000 Euro, and that's a good business for the lawyers.

Something is very wrong with German legal system, I'm afraid.

Pavel
-- 
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Valdis . Kletnieks]

On Fri, 22 Dec 2006 02:34:54 +1100, Marek Wawrzyczny said:
>
> > And then there's stuff on this machine that are *not* options, but don't
> > matter to me.  I see an 'O2 Micro' Firewire in the 'lspci' output.  I have
> > no idea how well it works.  I don't care what it contributes to the score.
> > On the other hand, somebody who uses external Firewire disk enclosures may
> > be *very* concerned about it, but not care in the slightest about the
> > wireless card.
> 
> Perhaps we just report on the individual devices then... forget the system 
> rating.

OK, *that* I see as potentially useful - I frequently get handed older
boxen with strange gear in them, and need a way to figure out if I want to
install software, or cannibalize it for parts. Also helpful if a buddy has
a Frankintel box they build, and they want to know if they can install
something other than Windows 

Bonus points if it sees a card that has a known out-of-tree driver and
tells you where to find it and what its license status is (I just went
down that road with an Intel 3945)...

> > Bonus points for figuring out what to do with systems that have some chip
> > that's a supported XYZ driver, but wired up behind a squirrely bridge with
> > some totally bizarre IRQ allocation, so you end up with something that's
> > visible on lspci but not actually *usable* in any real sense of the term...
> 
> Hmmm... does this happen often? False results are definedly a show stopper.

Oh, we see reports of squirrelly or downright confused hardware all the time
on this list. :)


pgpp6pDU9qCJl.pgp
Description: PGP signature

Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Horst H. von Brand]

Marek Wawrzyczny <[EMAIL PROTECTED]> wrote:

[...]

> No, no, no...  I was never proposing that. I was thinking of something more 
> along the lines of reporting back on open-source friendliness of 
> manufacturers of devices, and perhaps on the availability of open source 
> drivers for the devices. I am talking only about "detected" devices. The 
> database would never try and guess the vendor, model and variation of the 
> system.

This is a /massive/ ammount of effort, and the data required is hard to
come by before buying, so it is rather useless. What chip is in NetworkCard
675? In 675a? (yes, I've seen dLink cards called  and + which
were /radically/ different!). Yes, here you go to the computer store and
ask them to build you a machine from parts you specify. But it is far from
the common way to get a PC (those stores mostly cater to heavy-weight
gamers, many pieces have to be special ordered), and building a machine
that works OK with Linux is a two or three day exercise in hunting down
specifications for compatible pieces. Most folks wander into the next
department store and buy a PC. Mostly terrible crap, BTW.

Where this makes sense (printers!) the data is there, mostly up to date,
and accurate.

[...]

> I actually find that trying to obtain information about what hardware
> is/isn't supported in Linux is actually quite difficult to obtain. The
> information that's on the internet is either outdated or has not yet been
> written.  I was hoping to analyze the system's device information
> together with driver/device information obtained from the kernel source
> itself to give users a better (but not perhaps not as authoritative as
> I'd like to) picture of what to expect.

There is just way too much hardware out there, and new pieces come out
every day. Then there are lots of integrators that buy chips and build PCI
cards. Sometimes cards with supported chips just don't work at all. Etc. It
is all over the map.

Besides, many times you don't find information on some piece of hardware it
is because it is dirt cheap stuff that has no chance of working, so nobody
even tried.

[...]

> > Bonus points for figuring out what to do with systems that have some chip
> > that's a supported XYZ driver, but wired up behind a squirrely bridge with
> > some totally bizarre IRQ allocation, so you end up with something that's
> > visible on lspci but not actually *usable* in any real sense of the term...

> Hmmm... does this happen often? False results are definedly a show
> stopper.

Not just for systems, even for individual cards.
-- 
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Marek Wawrzyczny]

On Wednesday 20 December 2006 16:11, [EMAIL PROTECTED] wrote:
> On Tue, 19 Dec 2006 23:57:45 +1100, Marek Wawrzyczny said:
> > On Sunday 17 December 2006 21:11, Geert Uytterhoeven wrote:
> > And if you let yourself get carried away, you can also imagine a little
> > multi-platform utility. It would run on a test system collecting PCI IDs
> > before submitting them to the site  to get the system's overall Linux
> > friendliness rating.
>
> This is a can of worms, and then some.  For instance, let's consider this
> Latitude.  *THIS* one has an NVidia Quadro NVS 110M in it.  However, that's
> not the default graphics card on a Latitude D820.  So what number do you
> put in?  Do you use:

No, no, no...  I was never proposing that. I was thinking of something more 
along the lines of reporting back on open-source friendliness of 
manufacturers of devices, and perhaps on the availability of open source 
drivers for the devices. I am talking only about "detected" devices. The 
database would never try and guess the vendor, model and variation of the 
system.

> (Remember that "users" have different criteria than "developers" - most
> users would consider this entire thread "intellectual wanking", especially
> since the patch that spawned it got withdrawn.  And 'Frames Per Second'
> trumps that stupid little 'P' in the oops message.  Failure to understand
> this mindset guarantees that your computation of a "friendliness rating"
> is yet more intellectual wanking... ;)

I actually find that trying to obtain information about what hardware is/isn't 
supported in Linux is actually quite difficult to obtain. The information 
that's on the internet is either outdated or has not yet been written.
I was hoping to analyze the system's device information together with 
driver/device information obtained from the kernel source itself to give 
users a better (but not perhaps not as authoritative as I'd like to) picture 
of what to expect.

> And then there's stuff on this machine that are *not* options, but don't
> matter to me.  I see an 'O2 Micro' Firewire in the 'lspci' output.  I have
> no idea how well it works.  I don't care what it contributes to the score.
> On the other hand, somebody who uses external Firewire disk enclosures may
> be *very* concerned about it, but not care in the slightest about the
> wireless card.

Perhaps we just report on the individual devices then... forget the system 
rating.

> Bonus points for figuring out what to do with systems that have some chip
> that's a supported XYZ driver, but wired up behind a squirrely bridge with
> some totally bizarre IRQ allocation, so you end up with something that's
> visible on lspci but not actually *usable* in any real sense of the term...

Hmmm... does this happen often? False results are definedly a show stopper.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[alan]

On Wed, 20 Dec 2006, [EMAIL PROTECTED] wrote:


On Wed, 20 Dec 2006 11:29:00 PST, David Schwartz said:


Let's not let the perfect be the enemy of the good. Remember, the goal is to
allow consumers to know whether or not their system's hardware
specifications are available. It's not about driver availability -- if the
hardware specifications are available and a driver is not, that's not the
hardware manufacturer's fault.


My point was "their system's hardware specifications" is, for some popular
vendors, a *very* fuzzy notion. You can't (for instance) say "specs are
available for a Dell Latitude D820" - there are configurations that specs are
available for, and configs that aren't.  My D820 has an NVidia card in it - we
know the answer there.  Do you give a different answer for a D820 that has the
Intel i950 graphics chipset instead?

Even more annoying, Dell often *changes* the vendor - the line item for the DVD
drive says "8X DVD+/-RW" (other choices include 24X CD-ROM and 24X CD-RW/DVD).
Mine showed up with a Philips SDVD8820 - but it's possible that some other D820
will get some other vendor's DVD (I've seen 2 C820's ordered at the same time,
they showed up with 2 different vendor's "24X CD-RW/DVD").  It's possible that
some poor guy is going to get a D820 that has a DVD that we have a known
buggy driver for - what do we tell *them*?

It's *easy* to do a "semi-good" that tells you if there's drivers for the
hardware config you're running the program on. But there's 2 problems:

a) You probably already know the answer
b) By the time you can run the program, it's often too late

So given those 2 points, what actual value-added info does this *give*, over
and above 'lspci' and friends?  I suppose maybe for a install CD, it gives
a quick way to cleanly abort the install with a "Don't bother continuing
unless it's OK that your graphics/wireless/whatever won't work".  On the
other hand, the installer should have a grasp on this *already*

Perfect may be the enemy of the good, but the good is also the enemy of
stuff claiming to be good but misses on an important design goal...


Valid points, but they are almost more for the distribution than they are 
for the kernel.


I have considered designing a routine for use in Annaconda or some other 
installer that lists all the known hardware and how much of it will 
actually work with that particular distro.  I know some people will not 
care, but many will.  (Especially the people who ask "Will my machine work 
with Linux".)


Many people do not know what they have in the way of hardware.  They 
bought a machine.  What they were sold (or requested) and what they got 
are usually two different things.  They may know a few specifics, but they 
are probably missing important details.  (How many people know the model 
of PCI chip in their machine?  Or who made the IDE chipset?  Or the 
ethernet chipset on the motherboard?)  For those of us that deal with 
hardware every day, this is not as big of an issue as those who bought 
something from Dell or HP and it arrived in a big box pre-assembled.


Is there some way to look at a kernel and determine what drivers are 
"good" and those that are "less good"?  (Other than ordering Alan Cox's 
brain in a jar...)  What needs to be known is the state of the driver for 
kernel X where X maybe something current or woefully out of date.


Maybe instead of an EXPORT_GPL symbol we need a 
EXPORT_THIS_DRIVER_IS_CRAP symbol.


--
Q: Why do programmers confuse Halloween and Christmas?
A: Because OCT 31 == DEC 25
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Valdis . Kletnieks]

On Wed, 20 Dec 2006 11:29:00 PST, David Schwartz said:

> Let's not let the perfect be the enemy of the good. Remember, the goal is to
> allow consumers to know whether or not their system's hardware
> specifications are available. It's not about driver availability -- if the
> hardware specifications are available and a driver is not, that's not the
> hardware manufacturer's fault.

My point was "their system's hardware specifications" is, for some popular
vendors, a *very* fuzzy notion. You can't (for instance) say "specs are
available for a Dell Latitude D820" - there are configurations that specs are
available for, and configs that aren't.  My D820 has an NVidia card in it - we
know the answer there.  Do you give a different answer for a D820 that has the
Intel i950 graphics chipset instead?

Even more annoying, Dell often *changes* the vendor - the line item for the DVD
drive says "8X DVD+/-RW" (other choices include 24X CD-ROM and 24X CD-RW/DVD).
Mine showed up with a Philips SDVD8820 - but it's possible that some other D820
will get some other vendor's DVD (I've seen 2 C820's ordered at the same time,
they showed up with 2 different vendor's "24X CD-RW/DVD").  It's possible that
some poor guy is going to get a D820 that has a DVD that we have a known
buggy driver for - what do we tell *them*?

It's *easy* to do a "semi-good" that tells you if there's drivers for the
hardware config you're running the program on. But there's 2 problems:

a) You probably already know the answer
b) By the time you can run the program, it's often too late

So given those 2 points, what actual value-added info does this *give*, over
and above 'lspci' and friends?  I suppose maybe for a install CD, it gives
a quick way to cleanly abort the install with a "Don't bother continuing
unless it's OK that your graphics/wireless/whatever won't work".  On the
other hand, the installer should have a grasp on this *already*

Perfect may be the enemy of the good, but the good is also the enemy of
stuff claiming to be good but misses on an important design goal...


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RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[David Schwartz]

> This is a can of worms, and then some.  For instance, let's consider this
> Latitude.  *THIS* one has an NVidia Quadro NVS 110M in it.
> However, that's
> not the default graphics card on a Latitude D820.  So what number do you
> put in?  Do you use:

> a) the *default* graphics card
> b) the one *I* have with the open-source driver
> c) the same one, but with the NVidia binary driver?


> Similar issues are involved with the wireless card - the Intel 3945 I
> have isn't the default.  Repeat for several different disk options, and
> at least 4 or 5 different CD/ROM/DVD options.  Add in the fact that Dell
> often changes suppliers for disk and CD/DVD drives, and you have
> a nightmare
> coming...

> And then there's stuff on this machine that are *not* options, but don't
> matter to me.  I see an 'O2 Micro' Firewire in the 'lspci' output.  I have
> no idea how well it works.  I don't care what it contributes to the score.
> On the other hand, somebody who uses external Firewire disk enclosures may
> be *very* concerned about it, but not care in the slightest about
> the wireless
> card.
>
> Bonus points for figuring out what to do with systems that have some chip
> that's a supported XYZ driver, but wired up behind a squirrely bridge with
> some totally bizarre IRQ allocation, so you end up with something that's
> visible on lspci but not actually *usable* in any real sense of
> the term...

Let's not let the perfect be the enemy of the good. Remember, the goal is to
allow consumers to know whether or not their system's hardware
specifications are available. It's not about driver availability -- if the
hardware specifications are available and a driver is not, that's not the
hardware manufacturer's fault.

Linux is about *allowing* people to do things.

DS


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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Valdis . Kletnieks]

On Tue, 19 Dec 2006 23:57:45 +1100, Marek Wawrzyczny said:
> On Sunday 17 December 2006 21:11, Geert Uytterhoeven wrote:
> > Since `works with' may sound a bit too vague, something like
> > `LinuxFriendly(tm)', with a happy penguin logo?
> 
> It would be really cool to see penguin logos on hardware :)

The little Microsoft flag sticker that was on my Dell Latitude got
replaced with a sticker that has a Tux and 'linux inside' on it. :)

> I had another, probably crazy idea. Would it be possible to utilize the 
> current vendor/device PCI ID database to create Linux friendliness matrix 
> site?
> 
> And if you let yourself get carried away, you can also imagine a little 
> multi-platform utility. It would run on a test system collecting PCI IDs 
> before submitting them to the site  to get the system's overall Linux 
> friendliness rating.

This is a can of worms, and then some.  For instance, let's consider this
Latitude.  *THIS* one has an NVidia Quadro NVS 110M in it.  However, that's
not the default graphics card on a Latitude D820.  So what number do you
put in?  Do you use:

a) the *default* graphics card
b) the one *I* have with the open-source driver
c) the same one, but with the NVidia binary driver?

(Remember that "users" have different criteria than "developers" - most
users would consider this entire thread "intellectual wanking", especially
since the patch that spawned it got withdrawn.  And 'Frames Per Second'
trumps that stupid little 'P' in the oops message.  Failure to understand
this mindset guarantees that your computation of a "friendliness rating"
is yet more intellectual wanking... ;)

Similar issues are involved with the wireless card - the Intel 3945 I
have isn't the default.  Repeat for several different disk options, and
at least 4 or 5 different CD/ROM/DVD options.  Add in the fact that Dell
often changes suppliers for disk and CD/DVD drives, and you have a nightmare
coming...

And then there's stuff on this machine that are *not* options, but don't
matter to me.  I see an 'O2 Micro' Firewire in the 'lspci' output.  I have
no idea how well it works.  I don't care what it contributes to the score.
On the other hand, somebody who uses external Firewire disk enclosures may
be *very* concerned about it, but not care in the slightest about the wireless
card.

Bonus points for figuring out what to do with systems that have some chip
that's a supported XYZ driver, but wired up behind a squirrely bridge with
some totally bizarre IRQ allocation, so you end up with something that's
visible on lspci but not actually *usable* in any real sense of the term...

> Something like that could really help end users to select the right system 
> and 
> would reward those who do the right thing.

"You are trapped in a maze of twisty little configurations, all different..."




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Description: PGP signature

RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Steven Rostedt]

On Sun, 2006-12-17 at 11:11 +0100, Geert Uytterhoeven wrote:
> On Thu, 14 Dec 2006, David Schwartz wrote:

> > That makes it clear that it's not about giving us the fruits of years of
> > your own work but that it's about enabling us to do our own work. (I would
> > have no objection to also requiring them to provide a minimal open-source
> > driver. I'm not trying to work out the exact terms here, just get the idea
> > out.)
> 
> Since `works with' may sound a bit too vague, something like
> `LinuxFriendly(tm)', with a happy penguin logo?
> 

I've bought a couple of products lately that had the happy penguin logo
on it. Just to find out that they only applied a bare minimum
functionality of the device for Linux. If you want more, you need to
plug it into a Windows box.

Funny, if you own a Mac, it had the same problem. It had a little more
functionality than the Linux port, but still far from what they give for
Windows.

I like the Open Hardware thing that Paolo mentioned.

-- Steve

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Gene Heskett]

On Tuesday 19 December 2006 12:11, Bill Nottingham wrote:
>Gene Heskett ([EMAIL PROTECTED]) said:
>> FWIW:
>> [EMAIL PROTECTED] src]# python list-kernel-hardware.py
>> Traceback (most recent call last):
>>   File "list-kernel-hardware.py", line 70, in ?
>> ret = pciids_to_names(data)
>>   File "list-kernel-hardware.py", line 11, in pciids_to_names
>> pciids = open('/usr/share/misc/pci.ids', 'r')
>> IOError: [Errno 2] No such file or directory:
>> '/usr/share/misc/pci.ids'
>>
>> That file apparently doesn't exist on an FC6 i686 system
>
>s/misc/hwdata/ for FC and derivatives.
>
>Bill

Ah, thanks.  Verbose isn't it?

-- 
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.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Diego Calleja]

El Tue, 19 Dec 2006 11:46:30 -0500, Gene Heskett <[EMAIL PROTECTED]> escribió:

> IOError: [Errno 2] No such file or directory: '/usr/share/misc/pci.ids'
> 
> That file apparently doesn't exist on an FC6 i686 system

Indeed, I forgot to document that. Ubuntu has it there (package pciutils), and
update-pciids updates the file from http://pciids.sourceforge.net/pci.ids. So 
you
can download that file and change the path in the script.

Anyway, you can find the output at http://www.terra.es/personal/diegocg/list.txt
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Bill Nottingham]

Gene Heskett ([EMAIL PROTECTED]) said: 
> FWIW:
> [EMAIL PROTECTED] src]# python list-kernel-hardware.py
> Traceback (most recent call last):
>   File "list-kernel-hardware.py", line 70, in ?
> ret = pciids_to_names(data)
>   File "list-kernel-hardware.py", line 11, in pciids_to_names
> pciids = open('/usr/share/misc/pci.ids', 'r')
> IOError: [Errno 2] No such file or directory: '/usr/share/misc/pci.ids'
> 
> That file apparently doesn't exist on an FC6 i686 system

s/misc/hwdata/ for FC and derivatives.

Bill
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Gene Heskett]

On Tuesday 19 December 2006 08:56, Diego Calleja wrote:
>El Tue, 19 Dec 2006 23:57:45 +1100, Marek Wawrzyczny 
<[EMAIL PROTECTED]> escribió:
>> I had another, probably crazy idea. Would it be possible to utilize
>> the current vendor/device PCI ID database to create Linux friendliness
>> matrix site?
>
>I've a script (attached) that looks into /lib/modules/`uname
> -r`/modules.pcimap, looks up the IDs in the pci id database and print
> the real name. At least it shows it's possible to know what devices are
> supported ...

FWIW:
[EMAIL PROTECTED] src]# python list-kernel-hardware.py
Traceback (most recent call last):
  File "list-kernel-hardware.py", line 70, in ?
ret = pciids_to_names(data)
  File "list-kernel-hardware.py", line 11, in pciids_to_names
pciids = open('/usr/share/misc/pci.ids', 'r')
IOError: [Errno 2] No such file or directory: '/usr/share/misc/pci.ids'

That file apparently doesn't exist on an FC6 i686 system

-- 
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.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Diego Calleja]

El Tue, 19 Dec 2006 23:57:45 +1100, Marek Wawrzyczny <[EMAIL PROTECTED]> 
escribió:

> I had another, probably crazy idea. Would it be possible to utilize the 
> current vendor/device PCI ID database to create Linux friendliness matrix 
> site?

I've a script (attached) that looks into /lib/modules/`uname -r`/modules.pcimap,
looks up the IDs in the pci id database and print the real name. At least it 
shows 
it's possible to know what devices are supported ...



#!/usr/bin/python

def pciids_to_names(ids):
	# Only the last four numbers of the ids have useful info
	vendorid = ids[1][6:10]
	deviceid = ids[2][6:10]
	subvendorid = ids[3][6:10]
	subdeviceid = ids[4][6:10]

	result = [ids[0], "", "", "", "", ""]
	pciids = open('/usr/share/misc/pci.ids', 'r')

	# Search for vendor
	for line in pciids:
		if line[0] == "#" or line[0] == "C" or line[0] == "\t":
			continue
		if line[0:4] == vendorid:
			result[1] = line[6:].strip() # Vendor name
			break

	if result[1] == "": # Vendor not found
		return result

	# Search for a device
	for line in pciids:
		if line[0] != "\t":
			continue
		if line[1:5] == deviceid:
			result[2] = line[7:].strip() # Device name
			break

	# Search a subsystem name
	for line in pciids:
		if line[2:11] == subvendorid + " " + subdeviceid: # subsystem name
			result[3] = line[12:].strip() # The subvendor and subdevice ids point to a _single_ subsystem name
			break

	# Search a class name
	if ids[5][4:6] == "00" and ids[5][6:8] == "00" and ids[5][6:8] == "00":
		pass # void class ids
	else:
		pciids.seek(0)
		# Search a class name
		for line in pciids:
			if line[0] == "C":
if line[2:4] ==  ids[5][4:6]: # found class
	result[4] = line[6:].strip() # appended class name
	break

		if result[4] == "": # class not found
			return result

		# Search subclass name
		for line in pciids:
			if line [1:3] == ids[5][6:8]:
result[5] = line[5:].strip()
break
	return result




### Start of the code flow ###
import platform
pcimap = open('/lib/modules/' + platform.uname()[2] + '/modules.pcimap', 'r')
previousmodule = "" 
for line in pcimap:
	if line[0] == "#" or line[0] == " ": continue
	data = line.split(None)
	ret = pciids_to_names(data)

	if ret[0] != previousmodule: 
		previousmodule = ret[0]
		print "Driver: " + previousmodule

	if ret[2] == "":
		output = "\tDevice NOT found in the pciid database: " + repr(data)
	else:
		output = "\tDevice: " + ret[2] + " (deviceid " + data[2][6:] + "); made by " + ret[1] + " (vendorid " + data[1][6:] + ")"
		if ret[3] != "": output += "; Subsystem: " + ret[3] + " (subsysid " + data[3][6:] + ":" + data[4][6:] + ")"
		if ret[4] != "": output += "; Class: " + ret[4]
		if ret[5] != "": output += "; Subclass: " + ret[5] 

	print output

Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Marek Wawrzyczny]

On Sunday 17 December 2006 21:11, Geert Uytterhoeven wrote:
> Since `works with' may sound a bit too vague, something like
> `LinuxFriendly(tm)', with a happy penguin logo?

It would be really cool to see penguin logos on hardware :)

I had another, probably crazy idea. Would it be possible to utilize the 
current vendor/device PCI ID database to create Linux friendliness matrix 
site?

And if you let yourself get carried away, you can also imagine a little 
multi-platform utility. It would run on a test system collecting PCI IDs 
before submitting them to the site  to get the system's overall Linux 
friendliness rating.

In cases where the system contains devices which do not have entries in the 
database, the system could look up and use the vendor's Linux friendliness 
rating.

Something like that could really help end users to select the right system and 
would reward those who do the right thing.


Cheers,

Marek Wawrzyczny
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Scott Preece]

On 12/18/06, Linus Torvalds <[EMAIL PROTECTED]> 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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Theodore Tso]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[karderio]

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.


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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jeff V. Merkey]

Eric W. Biederman wrote:


Things we can say without being hypocrites and without getting into
legal theory:

Kernel modules without source, or that don't have a GPL compatible
license are inconsiderate and rude.
 


??


Please don't be rude.
 


???

J


Eric

 



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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Eric W. Biederman]

Things we can say without being hypocrites and without getting into
legal theory:

Kernel modules without source, or that don't have a GPL compatible
license are inconsiderate and rude.

Please don't be rude.

Eric
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Brendan Scott]

> It's just that I'm so damn tired of this whole thing.  I'm tired of
> people thinking they have a right to violate my copyright all the time.
> I'm tired of people and companies somehow treating our license in ways
> that are blatantly wrong and feeling fine about it.  Because we are a
> loose band of a lot of individuals, and not a company or legal entity,
> it seems to give companies the chutzpah to feel that they can get away
> with violating our license.

Why don't you consider some intermediate position?  If the issue is that you 
don't want people infringing copyright, then don't load the module unless it's 
accompanied by a [text] file in a standard format which states that the module 
is not infringing.  

So the default would be that non-GPL modules would not be loaded, but that the 
non-load could be easily circumvented by someone with a legitimate non-GPL 
module.  That would mean truly non infringing modules could be loaded.  
Moreover, anyone could still load an infringing module, but to do so would mean 
they would need to actively be either reckless or lying (even if all the fields 
are left blank) - which would not look very good when it was exposed.  It would 
also help educate those people who are bona fide, but ignorant of their 
obligations.  

The file could include (eg):
Module name: 
Version number:
License: 
I have read the statement on GPL binary modules and the kernel developers' 
views on GPL-infringement available from [address]: yes/no
I verify that I have reviewed the developer's statement above and honestly 
believe that this version of this module does not infringe copyright in the 
kernel when assessed in accordance with that statement.  I also verify that in 
making this verification I am, or am acting on behalf of, the author(s) and 
copyright owner(s) of this module : [name]
Date verified: [date]
Name of organisation: 
Contact email:


If you're interested, I'd be happy to help draft something more involved. 


Regards


Brendan  

-- 
Brendan Scott IT Law Open Source Law 
0414 339 227 http://www.opensourcelaw.biz
Liability limited by a scheme approved under Professional Standards Legislation
Open Source Law Weekly digest: [EMAIL PROTECTED]

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Gerhard Mack]

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

[EMAIL PROTECTED]

<>< As a computer I find your faith in technology amusing.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Geert Uytterhoeven]

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 -- [EMAIL PROTECTED]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Geert Uytterhoeven]

On Thu, 14 Dec 2006, Christoph Hellwig wrote:
> On Thu, Dec 14, 2006 at 09:08:41AM -0800, Chris Wedgwood wrote:
> > On Thu, Dec 14, 2006 at 09:03:57AM -0800, Linus Torvalds wrote:
> > 
> > > I actually think the EXPORT_SYMBOL_GPL() thing is a good thing, if
> > > done properly (and I think we use it fairly well).
> > >
> > > I think we _can_ do things where we give clear hints to people that
> > > "we think this is such an internal Linux thing that you simply
> > > cannot use this without being considered a derived work".
> > 
> > Then why not change the name to something more along those lines?
> 
> Yes, EXPORT_SYMBOL_INTERNAL would make a lot more sense.

I find all those names confusing. If these special symbols are
GPL/INTERNAL/WHATEVER, what are the other exported symbols?

GPL -> Non-GPL?
INTERNAL -> External?

Gr{oetje,eeting}s,

Geert

--
Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- [EMAIL PROTECTED]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Rafael J. Wysocki]

On Sunday, 17 December 2006 11:11, Geert Uytterhoeven wrote:
> On Thu, 14 Dec 2006, David Schwartz wrote:
> > > And there's also the common misconception all costumers had enough
> > > information when buying something. If you are a normal Linux user and
> > > buy some hardware labelled "runs under Linux", it could turn out that's
> > > with a Windows driver running under ndiswrapper...
> > 
> > That is something that I think is well worth fixing. Doesn't Linus own the
> > trademark 'Linux'? How about some rules for use of that trademark and a
> > 'Works with Linux' logo that can only be used if the hardware specifications
> > are provided?
> 
> Exactly my thoughts...
> 
> > Let them provide a closed-source driver if they want. Let them provide
> > user-space applications for which no source is provided if they want. But
> > don't let them use the logo unless they release sufficient information to
> > allow people to develop their own drivers and applications to interface with
> > the hardware.
> > 
> > That makes it clear that it's not about giving us the fruits of years of
> > your own work but that it's about enabling us to do our own work. (I would
> > have no objection to also requiring them to provide a minimal open-source
> > driver. I'm not trying to work out the exact terms here, just get the idea
> > out.)
> 
> Since `works with' may sound a bit too vague, something like
> `LinuxFriendly(tm)', with a happy penguin logo?

I like this idea.

Greetings,
Rafael


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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Geert Uytterhoeven]

On Thu, 14 Dec 2006, Jan Engelhardt wrote:
> On Dec 14 2006 14:10, Arjan van de Ven wrote:
> >On Thu, 2006-12-14 at 13:55 +0100, Jan Engelhardt wrote:
> >> >On Thu, 14 Dec 2006 12:31:16 +0100
> >> >Hans-Jürgen Koch wrote:
> >> >
> >> >You think its any easier to debug because the code now runs in ring 3 but
> >> >accessing I/O space.
> >> 
> >> A NULL fault won't oops the system,
> >
> >.. except when the userspace driver crashes as a result and then the hw
> >still crashes the hw (for example via an irq storm or by tying the PCI
> >bus or .. )
> 
> hw crashes the hw? Anyway, yes it might happen, the more with non-NULL 
> pointers
> (dangling references f.ex.)
> However, if the userspace part is dead, no one acknowledges the irq, hence an
> irq storm (if not caused by writing bogus stuff into registers) should not
> happen.

Shared level IRQ?

Gr{oetje,eeting}s,

Geert

--
Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- [EMAIL PROTECTED]

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

RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Geert Uytterhoeven]

On Thu, 14 Dec 2006, David Schwartz wrote:
> > And there's also the common misconception all costumers had enough
> > information when buying something. If you are a normal Linux user and
> > buy some hardware labelled "runs under Linux", it could turn out that's
> > with a Windows driver running under ndiswrapper...
> 
> That is something that I think is well worth fixing. Doesn't Linus own the
> trademark 'Linux'? How about some rules for use of that trademark and a
> 'Works with Linux' logo that can only be used if the hardware specifications
> are provided?

Exactly my thoughts...

> Let them provide a closed-source driver if they want. Let them provide
> user-space applications for which no source is provided if they want. But
> don't let them use the logo unless they release sufficient information to
> allow people to develop their own drivers and applications to interface with
> the hardware.
> 
> That makes it clear that it's not about giving us the fruits of years of
> your own work but that it's about enabling us to do our own work. (I would
> have no objection to also requiring them to provide a minimal open-source
> driver. I'm not trying to work out the exact terms here, just get the idea
> out.)

Since `works with' may sound a bit too vague, something like
`LinuxFriendly(tm)', with a happy penguin logo?

Gr{oetje,eeting}s,

Geert

--
Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- [EMAIL PROTECTED]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Theodore Tso]

On Sun, Dec 17, 2006 at 01:22:12AM +0100, Ricardo Galli wrote:
> OK, let assume your perspective of the history is the valid and real one, 
> then, ¿where are all lawsits against other big GPL only projects? For example 
> libqt/kdelibs. You can hardly provide any example where the GPL wasn't hold 
> in court.

There's no need for lawsuits against things like libqt.  The question
is whether someone who writes a commercial program that happens to
dynamically link against libqt is in fact in violation of copyright
claims.  In such a case, the owners of libqt would have to sue the
commercial application writer, not the other way around.  There
haven't been any such cases, mostly because (a) the FUD generated by
the FSF about GPL vs. LGPL has generally been enough to cause
application authors to avoid using GPL'ed code even if it would be
legally defensible in court, and (b) I personally suspect that the FSF
has deliberately not tried to make a test case out of a commercial
application dynamically linking against a GPL'ed library.

In point of fact, if you compile libss from e2fsprogs on a Solaris
machine, and then let the Sun Enterprise Authentication Mechanism (a
propietary version of Kerberos v5) link against that version of libss
(as opposed to the one derived from the MIT Kerberos version of
libss), you can have a propietary Sun binary linking against libss
which will called will dynamically pull in the GPL'ed version of
readline (or the BSD licensed editline library, whichever one it finds
first in its search path).  Quick!  Is there a GPL violation involved,
and if so, who should the FSF try to sue first?

There are indeed plenty of cases where the GPL has been upheld in a
court of law, but usually it's some straightforward case of an
embedded version of Linux being used without releasing source.  As far
as I know, there has been no case on point about GPL and dynamic
linking, and I personally suspect it's at least partially because the
FSF is afraid it would lose such a case.  (As I've said, at least one
law professor of mine from the MIT Sloan School of Management has told
me that in her opinion the FSF's theory would be "laughed out of
court").

- Ted
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Adrian Bunk]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Adrian Bunk]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Ricardo Galli]

On Saturday 16 December 2006 22:01, Linus Torvalds wrote:
> On Sat, 16 Dec 2006, Ricardo Galli wrote:
> > As you probably know, the GPL, the FSF, RMS or even GPL "zealots" never
> > tried to change or restrict "fair use". GPL[23] covers only to
> > "distibution" of the covered program. The freedom #0 says explicitly:
> > "right to use the program for any purpose".
>
> I'm sorry, but you're just rewriting history.
>
> The FSF very much _has_ tried to make "fair use" a very restricted issue.
> The whole reason the LGPL exists is that people realized that if they
> don't do something like that, the GPL would have been tried in court, and
> the FSF's position that anything that touches GPL'd code would probably
> have been shown to be bogus.
>
> In reality, if the FSF actually believed in "fair use", they would just
> have admitted that GNU libc could have continued to be under the GPL, and
> that any programs that link against it are obviously not "derived" from
> it.
>
> But no. The FSF has very much tried to confuse and muddle the issue, and
> instead have claimed that projects like glibc should be done under the
> "Lesser" GPL.

OK, let assume your perspective of the history is the valid and real one, 
then, ¿where are all lawsits against other big GPL only projects? For example 
libqt/kdelibs. You can hardly provide any example where the GPL wasn't hold 
in court.

> The fact is, if you accept fair use, you have to accept it for other
> people to take advantage of too. Fair use really isn't just a one-way
> street.

"Fair use: The right set forth in Section 107 of the United States Copyright 
Act, to use copyrighted materials for certain purposes, such as criticism, 
comment, news reporting, teaching, scholarship, and research. The Copyright 
Act does not define fair use. Instead, whether a use is fair use is 
determined by balancing these factors: ..."

According to the law, I don't see how FSF tries to avoid or to reject the fair 
use rights.

It seems to me you provides us with a copyright law interpretation supported 
only by the very [narrow] exceptions of the copyright law, a logical fallacy.


-- 
  ricardo galli   GPG id C8114D34
  http://mnm.uib.es/gallir/
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Willy Tarreau]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

On Sat, 16 Dec 2006, Ricardo Galli wrote:

> As you probably know, the GPL, the FSF, RMS or even GPL "zealots" never tried 
> to change or restrict "fair use". GPL[23] covers only to "distibution" of the 
> covered program. The freedom #0 says explicitly: "right to use the program 
> for any purpose".

I'm sorry, but you're just rewriting history.

The FSF very much _has_ tried to make "fair use" a very restricted issue. 
The whole reason the LGPL exists is that people realized that if they 
don't do something like that, the GPL would have been tried in court, and 
the FSF's position that anything that touches GPL'd code would probably 
have been shown to be bogus.

In reality, if the FSF actually believed in "fair use", they would just 
have admitted that GNU libc could have continued to be under the GPL, and 
that any programs that link against it are obviously not "derived" from 
it.

But no. The FSF has very much tried to confuse and muddle the issue, and 
instead have claimed that projects like glibc should be done under the 
"Lesser" GPL.

That's just idiocy, but it works as a way to defuse the problem that the 
FSF has always had with admitting that not only _they_ have "fair use" 
rights, but others have them too.

Do you REALLY believe that a binary becomes a "derived work" of any random 
library that it gets linked against? If that's not "fair use" of a library 
that implements a standard library definition, I don't know what is.

And yes, the FSF really has tried to push that totally insane argument. 

So don't tell me that the FSF honors "fair use". They say they do, but 
they only seem to honor it when it helps _their_ argument, not when it 
helps "those evil people who try to take advantage of our hard work".

The fact is, if you accept fair use, you have to accept it for other 
people to take advantage of too. Fair use really isn't just a one-way 
street.

Linus
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Theodore Tso]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Dave Jones]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Ricardo Galli]

> 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.

As you probably know, the GPL, the FSF, RMS or even GPL "zealots" never tried 
to change or restrict "fair use". GPL[23] covers only to "distibution" of the 
covered program. The freedom #0 says explicitly: "right to use the program 
for any purpose".

So, I don't see any clash here between GPL/FSF/RMS with "fair use"

And you probably know that any GPLed code can be linked and executed with any 
other program, whatever is its license if it's for personal use (is that 
worse than "fair use"?). 

And even if there is a function in linux that disables loading of non GPL 
modules, it's still allowed under the GPL to distribute a kernel with those 
functions removed. Any user can load any other module in this kernel without 
worrying about "fair use" or "derived work", GPL allows her to do it.

So, where's the freaking relationship between GPL (or its "zealots") and "fair 
use"? Who is trying to re-define it?

FUD, FUD, FUD.

-- 
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  http://mnm.uib.es/gallir/
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[David Nicol]

On 12/15/06, Alan <[EMAIL PROTECTED]> 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)
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jeremy Fitzhardinge]

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)
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Willy Tarreau]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Willy Tarreau]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Gene Heskett]

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.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Theodore Tso]

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.

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Rafael J. Wysocki]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Willy Tarreau]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Rafael J. Wysocki]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Willy Tarreau]

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[jdow]

From: "Alan" <[EMAIL PROTECTED]>

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 


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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[karderio]

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.


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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Alan]

> 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.

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

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
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[karderio]

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."


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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Dave Neuer]

On 12/14/06, Jeff V. Merkey <[EMAIL PROTECTED]> wrote:


This whole effort is pointless.  This is the same kind of crap MICROSOFT
DOES to create incompatibilities
DELIBERATELY.  The code is either FREE or its NOT FREE.

All someone has to do or say is.

"... I did not ever accept the GPL license with the FREE code I was
given.  They said the code was FREE, and I took them
at their word. .."


At which point, hopefully everyone in that courtroom besides the idiot
who says this knows the difference between a license and a contract.
If anyone doesn't, they can be referred to:

"5.  You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License."

The code is free, as in "redistributable at no charge as long as you
adhere to the terms of the license."

Your estoppel argument seems too confused between laches, promissory
estoppel and statutes of limitations to even make sense of, sorry.

Dave
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Paolo Ornati]

On Thu, 14 Dec 2006 12:08:11 -0800
"David Schwartz" <[EMAIL PROTECTED]> wrote:

> 
> That is something that I think is well worth fixing. Doesn't Linus own the
> trademark 'Linux'? How about some rules for use of that trademark and a
> 'Works with Linux' logo that can only be used if the hardware specifications
> are provided?
> 
> Let them provide a closed-source driver if they want. Let them provide
> user-space applications for which no source is provided if they want. But
> don't let them use the logo unless they release sufficient information to
> allow people to develop their own drivers and applications to interface with
> the hardware.


This is the same I think, but not Linux specific:

http://wiki.duskglow.com/tiki-index.php?page=Open+Hardware+Foundation

--

P. Mc Namara 12 Jul 06: about the OHF foundation providing
"certificates" for hardware, I'd propose (...) levels.

* First, any company that pledges full and complete interface and
behavioral documentation for a device, any docs necessary to make the
device do everything it is designed to do, and makes it publicly
available under nothing more cumbersome than the basic copyright that
exists on all written works receives one certificate. Somebody else
used "community friendly" or something similar. I don't know what to
call it. Perhaps just "Open Documentation" (...)

* A company that contributes back to the community during the
development of a device get labeled "Community Supporter" or something
similar.

* A company that enters into a legal agreement to release the
entire RTL and supporting information for a project at a given point in
the future (far enough ahead to protect the companies commercial
viability) can get the "Open Hardware" certificate. 

--

-- 
Paolo Ornati
Linux 2.6.18 on x86_64
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Eduard Bloch]

#include 
* Jeff V. Merkey [Thu, Dec 14 2006, 12:34:52PM]:
> 
> This whole effort is pointless.  This is the same kind of crap MICROSOFT 
> DOES to create incompatibilities

Just my 0.02€ - one of the things I wonder about is why eg. class*
interfaces has been replaced with something "protected" by GPL enforcing
macros. What is the point? Nobody wins. The access to the new fine-grained
system has been restricted for users, and distributors (yes, I maintain
a such module) have to work around this in-kernel restriction
and create cludges.

Greg (and others from the "every touch of my bits is a derivation of it
and I need to protect it" party)  - what are you thinking? Do you
seriously think that such restrictions would help anyone? IMO protecting
the access to interfaces is an utterly stupid idea in the free software
world.

Eduard.

-- 
 Geht 'n Mantafahrer zum Manta-Treffen.
 Fragt: Fährt hier wer Manta
-- #Debian.DE
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Michael Buesch]

On Thursday 14 December 2006 23:39, Dave Airlie wrote:
> > >
> > > It'll get in when the developers feel it is at a stage where it can be
> > > supported, at the moment (I'm not speaking for all the nouveau team
> > > only my own opinion) the API isn't stable and putting it into the
> > > kernel only means we've declared the API supportable, I know in theory
> > > marking it EXPERIMENTAL might work, in practice it will just cause us
> > > headaches at this stage, there isn't enough knowledgeable developers
> > > working on it both support users and continue development at a decent
> > > rate, so mainly ppl are concentrating on development until it can at
> > > least play Q3, and for me dualhead on my G5 :-)
> >
> > To what degree does it work on the G5?
> > Can we already drive a desktop system with it?
> > I'd like to play around with this on my Quad.
> >
> 
> 2D worked the last time I tested it and fixed up all the problems, it
> is slightly faster than nv, but may be more unstable, still only
> single head... 3D even on x86 doesn't work yet without pre-loading
> nvidia to set the hardware up correctly.. but it's coming along
> there are summary updates posted ~weekly on the nouveau wiki

Ok, that's nice to hear. :)
Can't be much more pain than nv, heh.
And as I only have singlehead, anyway, I'll give it a try.

-- 
Greetings Michael.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Dave Airlie]

>
> It'll get in when the developers feel it is at a stage where it can be
> supported, at the moment (I'm not speaking for all the nouveau team
> only my own opinion) the API isn't stable and putting it into the
> kernel only means we've declared the API supportable, I know in theory
> marking it EXPERIMENTAL might work, in practice it will just cause us
> headaches at this stage, there isn't enough knowledgeable developers
> working on it both support users and continue development at a decent
> rate, so mainly ppl are concentrating on development until it can at
> least play Q3, and for me dualhead on my G5 :-)

To what degree does it work on the G5?
Can we already drive a desktop system with it?
I'd like to play around with this on my Quad.



2D worked the last time I tested it and fixed up all the problems, it
is slightly faster than nv, but may be more unstable, still only
single head... 3D even on x86 doesn't work yet without pre-loading
nvidia to set the hardware up correctly.. but it's coming along
there are summary updates posted ~weekly on the nouveau wiki

Dave.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Michael Buesch]

On Thursday 14 December 2006 23:21, Dave Airlie wrote:
> On 12/15/06, Jeff Garzik <[EMAIL PROTECTED]> wrote:
> > Alan wrote:
> > > Another thing we should do more is aggressively merge prototype open
> > > drivers for binary only hardware - lets get Nouveau's DRM bits into the
> > > kernel ASAP for example.
> >
> > ACK++  We should definitely push Nouveau[1] as hard as we can.
> >
> > Jeff
> >
> 
> It'll get in when the developers feel it is at a stage where it can be
> supported, at the moment (I'm not speaking for all the nouveau team
> only my own opinion) the API isn't stable and putting it into the
> kernel only means we've declared the API supportable, I know in theory
> marking it EXPERIMENTAL might work, in practice it will just cause us
> headaches at this stage, there isn't enough knowledgeable developers
> working on it both support users and continue development at a decent
> rate, so mainly ppl are concentrating on development until it can at
> least play Q3, and for me dualhead on my G5 :-)

To what degree does it work on the G5?
Can we already drive a desktop system with it?
I'd like to play around with this on my Quad.

-- 
Greetings Michael.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Dave Airlie]

On 12/15/06, Jeff Garzik <[EMAIL PROTECTED]> wrote:

Alan wrote:
> Another thing we should do more is aggressively merge prototype open
> drivers for binary only hardware - lets get Nouveau's DRM bits into the
> kernel ASAP for example.

ACK++  We should definitely push Nouveau[1] as hard as we can.

Jeff



It'll get in when the developers feel it is at a stage where it can be
supported, at the moment (I'm not speaking for all the nouveau team
only my own opinion) the API isn't stable and putting it into the
kernel only means we've declared the API supportable, I know in theory
marking it EXPERIMENTAL might work, in practice it will just cause us
headaches at this stage, there isn't enough knowledgeable developers
working on it both support users and continue development at a decent
rate, so mainly ppl are concentrating on development until it can at
least play Q3, and for me dualhead on my G5 :-)

Dave.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Greg KH]

On Thu, Dec 14, 2006 at 06:26:26PM +, Alan wrote:
> > Think of uio as just a "class" of driver, like input or v4l.  It's still
> > up to the driver writer to provide a proper bus interface to the
> > hardware (pci, usb, etc.) in order for the device to work at all.
> 
> Understood. That leads me to ask another question of the folks who deal
> with a lot of these cards. How many could reasonably be described by the
> following
> 
>   bar to map, offset, length, ro/rw, root/user, local-offset
> (x n ?)
>   interrupt function or null
> 
> It seems if we have a lot of this kind of card that all fit that pattern
> it might actually get more vendors submitting updates if we had a single
> pci driver that took a struct of the above as the device_id field so
> vendors had to write five lines of IRQ code, a struct and update a PCI
> table ? That seems to have mostly worked with all the parallel/serial
> boards.

I think that something like this might work out, and it would be a good
goal to get there eventually.  But I would like to see a few drivers
using the uio core to see where we can consolidate things like this
first.

thanks,

greg k-h
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Ben Collins]

On Thu, 2006-12-14 at 20:29 +0100, Michael Buesch wrote:
> On Thursday 14 December 2006 15:12, Ben Collins wrote:
> > You can't talk about drivers that don't exist for Linux. Things like
> > bcm43xx aren't effected by this new restriction for GPL-only drivers.
> > There's no binary-only driver for it (ndiswrapper doesn't count). If the
> > hardware vendor doesn't want to write a driver for linux, you can't make
> > them. You can buy other hardware, but that's about it.
> 
> Not that is matters in this discussion, but there are binary Broadcom
> 43xx drivers for linux available.
> 
> > Here's the list of proprietary drivers that are in Ubuntu's restricted
> > modules package:
> > 
> > madwifi (closed hal implementation, being replaced in openhal)
> > fritz
> 
> Well, that's not just one, right?
> That's like, 10 or so for the different AVM cards.
> I'm just estimating. Correct me, if I'm wrong.

One driver, many variations of the chipset. That's true of most drivers.

> (And if I didn't mention it yet; AVM binary drivers are
> complete crap.)

Wont disagree with you there.
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Michael Buesch]

On Thursday 14 December 2006 15:12, Ben Collins wrote:
> You can't talk about drivers that don't exist for Linux. Things like
> bcm43xx aren't effected by this new restriction for GPL-only drivers.
> There's no binary-only driver for it (ndiswrapper doesn't count). If the
> hardware vendor doesn't want to write a driver for linux, you can't make
> them. You can buy other hardware, but that's about it.

Not that is matters in this discussion, but there are binary Broadcom
43xx drivers for linux available.

> Here's the list of proprietary drivers that are in Ubuntu's restricted
> modules package:
> 
>   madwifi (closed hal implementation, being replaced in openhal)
>   fritz

Well, that's not just one, right?
That's like, 10 or so for the different AVM cards.
I'm just estimating. Correct me, if I'm wrong.

(And if I didn't mention it yet; AVM binary drivers are
complete crap.)

>   ati
>   nvidia
>   ltmodem (does that even still work?)
>   ipw3945d (not a kernel module, but just the daemon)

> Don't get me wrong, I'm not bashing reverse engineering, or writing our
> own drivers. It's how Linux got started. But the problem isn't as narrow
> as people would like to think. And proprietary code isn't a growing
> problem. At best, it's just a distraction that will eventually go away
> on it's own.

Well, I _hope_ that, too.

-- 
Greetings Michael.
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RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[David Schwartz]

> And there's also the common misconception all costumers had enough
> information when buying something. If you are a normal Linux user and
> buy some hardware labelled "runs under Linux", it could turn out that's
> with a Windows driver running under ndiswrapper...

That is something that I think is well worth fixing. Doesn't Linus own the
trademark 'Linux'? How about some rules for use of that trademark and a
'Works with Linux' logo that can only be used if the hardware specifications
are provided?

Let them provide a closed-source driver if they want. Let them provide
user-space applications for which no source is provided if they want. But
don't let them use the logo unless they release sufficient information to
allow people to develop their own drivers and applications to interface with
the hardware.

That makes it clear that it's not about giving us the fruits of years of
your own work but that it's about enabling us to do our own work. (I would
have no objection to also requiring them to provide a minimal open-source
driver. I'm not trying to work out the exact terms here, just get the idea
out.)

DS


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RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Hua Zhong]

I'd suggest putting a Documentation/GPL-Symbols to explain this.

Then in the "tainted" message, have a pointer to that documentation. 

> -Original Message-
> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED] On Behalf Of Scott Preece
> Sent: Thursday, December 14, 2006 11:43 AM
> To: Chris Wedgwood
> Cc: Eric Sandeen; Christoph Hellwig; Linus Torvalds; Jeff 
> Garzik; Greg KH; Jonathan Corbet; Andrew Morton; Martin 
> Bligh; Michael K. Edwards; linux-kernel@vger.kernel.org
> Subject: Re: GPL only modules [was Re: [GIT PATCH] more 
> Driver core patches for 2.6.19]
> 
> On 12/14/06, Chris Wedgwood <[EMAIL PROTECTED]> wrote:
> > On Thu, Dec 14, 2006 at 12:15:20PM -0600, Eric Sandeen wrote:
> >
> > > Please don't use that name, it strikes me as much more confusing 
> > > than EXPORT_SYMBOL_GPL, even though I agree that _GPL 
> doesn't quite 
> > > convey what it means, either.
> >
> > Calling internal symbols _INTERNAL is confusing?
> 
> I think it's the combination of "INTERNAL" and "EXPORT" that 
> seems contradictory - "If it's internal, why are you exporting it?"
> 
> I think "EXPORT_SYMBOL_GPL_ONLY" or "...ONLY UNDER_GPL" would 
> make the meaning clearer, but I don't really think the gain 
> is worth the pain.
> Anybody using kernel interfaces ought to be able to figure it out.
> 
> >
> > But those symbols aren't, they're about internal interfaces 
> that might 
> > change.
> 
> Folks who think this is likely to make a difference in court 
> might want to look at 
>  > for a litany of court cases that have rejected infringement 
> claims where a much sterner effort had been made to hide or 
> block use of interfaces.
> The article claims that courts have increasingly found that 
> interfacing your code to an existing work is not 
> infringement, regardless of what you have to work around to do it.
> 
> Of course, that's one author's reading of the case law and 
> I'm sure there are others who disagree, but it's something 
> you'd want to keep in mind in calculating the expected value 
> of a suit...
> 
> scott
> -
> To unsubscribe from this list: send the line "unsubscribe 
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jeff V. Merkey]

This whole effort is pointless.  This is the same kind of crap MICROSOFT 
DOES to create incompatibilities
DELIBERATELY.  The code is either FREE or its NOT FREE.If the code 
is FREE then let it be.  You can put whatever
you want in the code -- I will remove any such constructs, just like I 
remove them frm Red Hat's releases when they put

in the same kind of deliberate breakage for anti-competitive reasons.

You can go and yell at Novell too, since they do the SAME THING with 
their releases and mix their modules with Linux.


All someone has to do or say is.

"... I did not ever accept the GPL license with the FREE code I was 
given.  They said the code was FREE, and I took them

at their word. .."

FREE implies a transfer of ownsership and you also have to contend with 
the Doctrine of Estoppel.  i.e. if someone
has been using the code for over two years, and you have not brought a 
cause of action, you are BARRED from doing so
under the Doctrine of Estoppel and statute of limitations. 


Here's what that means so you can look it up:

http://en.wikigadugi.org/wiki/Estoppel

What Linus argued is that FREE means just that. 


Jeff


Scott Preece wrote:


On 12/14/06, Chris Wedgwood <[EMAIL PROTECTED]> wrote:


On Thu, Dec 14, 2006 at 12:15:20PM -0600, Eric Sandeen wrote:

> Please don't use that name, it strikes me as much more confusing
> than EXPORT_SYMBOL_GPL, even though I agree that _GPL doesn't quite
> convey what it means, either.

Calling internal symbols _INTERNAL is confusing?



I think it's the combination of "INTERNAL" and "EXPORT" that seems
contradictory - "If it's internal, why are you exporting it?"

I think "EXPORT_SYMBOL_GPL_ONLY" or "...ONLY UNDER_GPL" would make the
meaning clearer, but I don't really think the gain is worth the pain.
Anybody using kernel interfaces ought to be able to figure it out.



But those symbols aren't, they're about internal interfaces that might
change.



Folks who think this is likely to make a difference in court might
want to look at
 for a
litany of court cases that have rejected infringement claims where a
much sterner effort had been made to hide or block use of interfaces.
The article claims that courts have increasingly found that
interfacing your code to an existing work is not infringement,
regardless of what you have to work around to do it.

Of course, that's one author's reading of the case law and I'm sure
there are others who disagree, but it's something you'd want to keep
in mind in calculating the expected value of a suit...

scott
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Adrian Bunk]

On Thu, Dec 14, 2006 at 12:17:49PM -0500, Theodore Tso wrote:
> On Thu, Dec 14, 2006 at 04:33:47PM +, Alan wrote:
> > > The trick is to let a lawyer send cease and desist letters to people 
> > > distributing the infringing software for 1 Euro at Ebay.
> > 
> > Doesn't that sound even more like the music industry ? Pick on Grandma,
> > and people who've no clue about the issue. It's not the way to solve such
> > problems. The world does not need "The war on binary modules". Educate
> > people instead, and talk to vendors.
> 
>  or like Microsoft, who is threatening to make war on end-users
> instead of settling things with vendors.  (One of the reasons why I
> personally find the Microsoft promise not to sue _Novell_'s end users
> so nasty.  Microsoft shouldn't be threatening anyone's users; if they
> have a problem, they should be taking it up with the relevant vendor,
> not sueing innocent and relatively shallow-pocketed end-users and
> distributors.)
> 
> One of the things that I find so interesting about how rabid people
> get about enforcing GPL-only modules is how they start acting more and
> more like the RIAA, MPAA, and Microsoft every day

Please don't think or imply I'd plan to do this, I'm only saying that 
there's a risk for users in such grey areas.

It could be that someone who wants to harm Linux starts suing people 
distributing Linux. If your goal is to harm Linux, suing users can 
simply be much more effective than suing vendors...

It could even be that people distributing Linux could receive cease and 
desist letters from people without any real interest in the issue
itself - "cease and desist letter"s are so frequent in Germany because 
the people who have to sign them have to pay the lawyers' costs that are 
usually > 1000 Euro, and that's a good business for the lawyers.

>   - Ted

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

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Scott Preece]

On 12/14/06, Chris Wedgwood <[EMAIL PROTECTED]> wrote:

On Thu, Dec 14, 2006 at 12:15:20PM -0600, Eric Sandeen wrote:

> Please don't use that name, it strikes me as much more confusing
> than EXPORT_SYMBOL_GPL, even though I agree that _GPL doesn't quite
> convey what it means, either.

Calling internal symbols _INTERNAL is confusing?


I think it's the combination of "INTERNAL" and "EXPORT" that seems
contradictory - "If it's internal, why are you exporting it?"

I think "EXPORT_SYMBOL_GPL_ONLY" or "...ONLY UNDER_GPL" would make the
meaning clearer, but I don't really think the gain is worth the pain.
Anybody using kernel interfaces ought to be able to figure it out.



But those symbols aren't, they're about internal interfaces that might
change.


Folks who think this is likely to make a difference in court might
want to look at
 for a
litany of court cases that have rejected infringement claims where a
much sterner effort had been made to hide or block use of interfaces.
The article claims that courts have increasingly found that
interfacing your code to an existing work is not infringement,
regardless of what you have to work around to do it.

Of course, that's one author's reading of the case law and I'm sure
there are others who disagree, but it's something you'd want to keep
in mind in calculating the expected value of a suit...

scott
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Bill Nottingham]

Rik van Riel ([EMAIL PROTECTED]) said: 
> Maybe we should just educate users and teach them to
> avoid crazy unsupportable configurations and simply buy
> the hardware that has open drivers available?

Educating the users may help, but it's hard to do the
education once they've already bought the hardware. Generally,
it would be 1) buy hardware 2) run whatever comes with it
3) try Linux. Hard to get the 'if you're ever thinking about
running Linux, don't buy XYZ' into that workflow.

> Sure, the process of getting drivers merged upstream[2] can
> take some time and effort, but the resulting improvements in
> driver performance and stability are often worth it.  It's
> happened more than once that the Linux kernel community's
> review process turned up some opportunities for a 30% performance
> improvement in a submitted driver.
> 
> Hardware companies: can you afford to miss out on the stability
> and performance improvements that merging a driver upstream tends
> to get?
> 
> Can you afford to miss out when your competitors are getting these
> benefits?

This is the big point - we need to show the vendors how getting
upstream helps them.

Compare costs of all-in-house development versus shared-with-community
development.

Compare how quickly issues are fixed, and how often drivers actually
regress with in-tree vs. out-of-tree drivers.

Get case studies of drivers that have been opened (qeth? lpfc? Others?)
and get other companies to *go on the record* on how opening their
drivers and getting them upstream has helped them to lower their development
costs and scale their sales.

Bill
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

On Thu, 14 Dec 2006, Chris Wedgwood wrote:
> 
> Calling internal symbols _INTERNAL is confusing?

Well, I'm not sure the _INTERNAL name is all that much better than the 
_GPL one.

In many ways, the _GPL one describes the _effects_ better, and also points 
out the reason _why_ something is marked differently. Sure, it's marked 
becasue it's internal, but why is does that have to be pointed out at all? 
Why not use the same EXPORT_SYMBOL? The answer to that is the "GPL" part, 
ie the expectation that internal symbols are so internal that they have 
license effects.

And if you were an external vendor doing binary only modules, would you 
react to "internal"? It wouldn't have the same "oh, _that_ is what it is 
all about" thing, would it?

So I do agree that we have probably done a bad job of explaining why that 
_GPL thing makes sense, and what it means on a deeper level (the license 
thing is a very superficial thing, but its worth naming just because the 
superficial thing is also the biggest _impact_ - even if it may not be the 
underlying deeper _reason_ for it).

So which makes more sense from a naming standpoint: the superficial impact 
that is what _matters_ for people, or the more subtle issue that causes it 
to have that impact?

I think that question is what it boils down to, and at least personally, 
while I see both things as being worthwhile, I think the superficial thing 
is the one that needs pointing out, because it's the one that may change 
your behaviour (while the deeper _meaning_ is more of just an 
explanation).

But I don't personally care that deeply. I mostly care about the fact that 
changing the name now would just be inconvenient and unnecessary churn, 
and that's probably my biggest reason to not want to do it ;)

Linus
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jeff V. Merkey]

Linus Torvalds wrote:


On Thu, 14 Dec 2006, Jeff V. Merkey wrote:
 


Yeah, like that one.  WITH THE POLITICAL AGENDA CODE REMOVED.
   



No. That's really a purely technical thing.


 

I'm not certain I understand what you mean here. Nasty messages using 
the word "taint" is purely subjective.
(as is your opinion or anyone else's about the use of the word, 
including my opinion). Based upon the way the GPL is worded, "taint"
actually goes the other way in legal circles when corporate attorneys 
talk about using GPL code with non-GPL code.


i.e. "... If we use that linux code it will TAINT our development 
process and CONTAMINATE and POULLTE our proprietary
development efforts with GPL code and we do not know the IP sources of 
such code...".


You should change it to "non-GPL" rather than "tainted" since the use of 
this word is actionable and inaccruate of reality.
Free GPL code is what it is. The GPL is the only thing that "taints" IP. 
The use of the word is reversed. Also Linus, we do
open source and promote certain projects outside of the Linux Kernel -- 
and we fully support the GPL.


You can still do whatever you want, but people who support the resulting 
mess know that they shouldn't.



BULLSHIT. I diagree and you are talking out of both sides of your mouth.

:-)

Jeff


Linus

 



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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Chris Wedgwood]

On Thu, Dec 14, 2006 at 12:15:20PM -0600, Eric Sandeen wrote:

> Please don't use that name, it strikes me as much more confusing
> than EXPORT_SYMBOL_GPL, even though I agree that _GPL doesn't quite
> convey what it means, either.

Calling internal symbols _INTERNAL is confusing?

> EXPORT_SYMBOL_RESTRICTED?  EXPORT_SYMBOL_DERIVED?  At least
> something which is not internally inconsistent would be good (how is
> something which is exported "internal?")

But those symbols aren't, they're about internal interfaces that might
change.

> And, as long as EXPORT_SYMBOL_GPL continues to check that the module
> using it has a GPL license, then it really -is- exactly descriptive
> of what it's doing and probably shouldn't be changed.  IIMHO.

Well, if EXPORT_SYMBOL_GPL / EXPORT_SYMBOL_INTERNAL is about
documenting things, why restrict who can use them based on the
license?

Surely the licence is more about tainting the kernel and debugging not
politics?

Do we even need to check the license at all in that case?  Maybe a
better idea would be to embed where the source code is located and use
the non-existence of that for a tainting?

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Linus Torvalds]

On Thu, 14 Dec 2006, Jeff V. Merkey wrote:
>
> Yeah, like that one.  WITH THE POLITICAL AGENDA CODE REMOVED.

No. That's really a purely technical thing.

You can still do whatever you want, but people who support the resulting 
mess know that they shouldn't.

Linus
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jeff V. Merkey]

Martin J. Bligh wrote:


Jeff V. Merkey wrote:



Again, I agree with EVERY statement Linus made here. We operate 
exactly as Linus describes, and
legally, NO ONE can take us to task on GPL issues. We post patches of 
affected kernel code
(albiet the code resembles what Linus describes as a "skeleton 
driver") and our proprietary
non derived code we sell with our appliances. 




Yeah, like this one?



Yeah, like that one.  WITH THE POLITICAL AGENDA CODE REMOVED.

Jeff





ftp://ftp.soleranetworks.com/pub/solera/dsfs/FedoraCore6/datascout-only-2.6.18-11-13-06.patch 



@@ -1316,8 +1316,8 @@

mod->license_gplok = license_is_gpl_compatible(license);
if (!mod->license_gplok && !(tainted & 
TAINT_PROPRIETARY_MODULE)) {
-   printk(KERN_WARNING "%s: module license '%s' taints 
kernel.\n",

-  mod->name, license);
+// printk(KERN_WARNING "%s: module license '%s' taints 
kernel.\n",

+//mod->name, license);
add_taint(TAINT_PROPRIETARY_MODULE);
}
 }
@@ -1691,10 +1691,10 @@
/* Set up license info based on the info section */
set_license(mod, get_modinfo(sechdrs, infoindex, "license"));

-   if (strcmp(mod->name, "ndiswrapper") == 0)
-   add_taint(TAINT_PROPRIETARY_MODULE);
-   if (strcmp(mod->name, "driverloader") == 0)
-   add_taint(TAINT_PROPRIETARY_MODULE);
+// if (strcmp(mod->name, "ndiswrapper") == 0)
+// add_taint(TAINT_PROPRIETARY_MODULE);
+// if (strcmp(mod->name, "driverloader") == 0)
+// add_taint(TAINT_PROPRIETARY_MODULE);

/* Set up MODINFO_ATTR fields */
setup_modinfo(mod, sechdrs, infoindex);




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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jan Engelhardt]

On Dec 14 2006 09:52, Chris Wedgwood wrote:
>On Thu, Dec 14, 2006 at 05:38:27PM +, Christoph Hellwig wrote:
>
>> Yes, EXPORT_SYMBOL_INTERNAL would make a lot more sense.
>
>A quick grep shows that changing this now would require updating
>nearly 1900 instances, so patches to do this would be pretty large and
>disruptive (though we could support both during a transition and
>migrate them over time).

I'd prefer to do it at once. But that's not my decision so you anyway do what
you want.

That said, I would like to keep EXPORT_SYMBOL_GPL, because EXPORT and INTERNAL
is somehow contrary. Just a wording issue.

-`J'
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Alan]

> Think of uio as just a "class" of driver, like input or v4l.  It's still
> up to the driver writer to provide a proper bus interface to the
> hardware (pci, usb, etc.) in order for the device to work at all.

Understood. That leads me to ask another question of the folks who deal
with a lot of these cards. How many could reasonably be described by the
following

bar to map, offset, length, ro/rw, root/user, local-offset
(x n ?)
interrupt function or null

It seems if we have a lot of this kind of card that all fit that pattern
it might actually get more vendors submitting updates if we had a single
pci driver that took a struct of the above as the device_id field so
vendors had to write five lines of IRQ code, a struct and update a PCI
table ? That seems to have mostly worked with all the parallel/serial
boards.

Alan
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Eric Sandeen]

Chris Wedgwood wrote:
> On Thu, Dec 14, 2006 at 05:38:27PM +, Christoph Hellwig wrote:
> 
>> Yes, EXPORT_SYMBOL_INTERNAL would make a lot more sense.
> 
> A quick grep shows that changing this now would require updating
> nearly 1900 instances, so patches to do this would be pretty large and
> disruptive (though we could support both during a transition and
> migrate them over time).

Please don't use that name, it strikes me as much more confusing than
EXPORT_SYMBOL_GPL, even though I agree that _GPL doesn't quite convey
what it means, either.

EXPORT_SYMBOL_RESTRICTED?  EXPORT_SYMBOL_DERIVED?  At least something
which is not internally inconsistent would be good (how is something
which is exported "internal?")

And, as long as EXPORT_SYMBOL_GPL continues to check that the module
using it has a GPL license, then it really -is- exactly descriptive of
what it's doing and probably shouldn't be changed.  IIMHO.

-Eric
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Alan]

> One of the things that I find so interesting about how rabid people
> get about enforcing GPL-only modules is how they start acting more and
> more like the RIAA, MPAA, and Microsoft every day

There is a saying

"That which you fight you become"

It's a warning that is well worth heeding in a lot of situations
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Martin J. Bligh]

Jeff V. Merkey wrote:


Again, I agree with EVERY statement Linus made here. We operate exactly 
as Linus describes, and
legally, NO ONE can take us to task on GPL issues. We post patches of 
affected kernel code
(albiet the code resembles what Linus describes as a "skeleton driver") 
and our proprietary
non derived code we sell with our appliances. 



Yeah, like this one?

ftp://ftp.soleranetworks.com/pub/solera/dsfs/FedoraCore6/datascout-only-2.6.18-11-13-06.patch

@@ -1316,8 +1316,8 @@

mod->license_gplok = license_is_gpl_compatible(license);
if (!mod->license_gplok && !(tainted & TAINT_PROPRIETARY_MODULE)) {
-   printk(KERN_WARNING "%s: module license '%s' taints 
kernel.\n",

-  mod->name, license);
+// printk(KERN_WARNING "%s: module license '%s' taints 
kernel.\n",

+//mod->name, license);
add_taint(TAINT_PROPRIETARY_MODULE);
}
 }
@@ -1691,10 +1691,10 @@
/* Set up license info based on the info section */
set_license(mod, get_modinfo(sechdrs, infoindex, "license"));

-   if (strcmp(mod->name, "ndiswrapper") == 0)
-   add_taint(TAINT_PROPRIETARY_MODULE);
-   if (strcmp(mod->name, "driverloader") == 0)
-   add_taint(TAINT_PROPRIETARY_MODULE);
+// if (strcmp(mod->name, "ndiswrapper") == 0)
+// add_taint(TAINT_PROPRIETARY_MODULE);
+// if (strcmp(mod->name, "driverloader") == 0)
+// add_taint(TAINT_PROPRIETARY_MODULE);

/* Set up MODINFO_ATTR fields */
setup_modinfo(mod, sechdrs, infoindex);

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jeff V. Merkey]

Again, I agree with EVERY statement Linus made here. We operate exactly 
as Linus describes, and
legally, NO ONE can take us to task on GPL issues. We post patches of 
affected kernel code
(albiet the code resembles what Linus describes as a "skeleton driver") 
and our proprietary
non derived code we sell with our appliances. He is right, everyone else 
should just accept

it and get on with life or cry linus a river.

Jeff

Linus Torvalds wrote:


On Thu, 14 Dec 2006, David Woodhouse wrote:
 


But I would ask that they honour the licence on the code I release, and
perhaps more importantly on the code I import from other GPL sources.
   



This is a total non-argument, and it doesn't get any betetr by being 
mindlessly repeated over and over and over again.


The license on the code you released talked about "derived works".

Not "everything I want to".

If a module owner can argue successfully in a court of law that a binary 
driver isn't a derived work, then the GPL simply DOES NOT COVER IT!


In other words, people CAN "honor the license" and still not be required 
to put their code under the GPL.


And no, including one header file in order to compile against something 
does not automatically make something a "derived work". It may, or it may 
not. It really isn't up to you to decide whether it does (and notice how 
I'm not saying that it's up to _me_ either!).


For example, all the same people who clamor for free software get 
absolutely RABID about "fair use". Guess what "fair use" actually MEANS? 

Think about it for a moment. It expressly _limits_ the right of copyright 
authors to claim "derived work". So if you argue that anything that ever 
includes your header file (but none of your code) and compiles against it 
is a "derived work", then you are basically very close to arguing that 
"fair use" does not exist.


Do you really want to argue that "everything that has touched anything 
copyrighted AT ALL is a derived work"? Do you feel lucky, punk?


THAT is why I think this discussion is so hypocritical. Either you accept 
that "fair use" and copyrights aren't black-and-white, or you don't.


If you think this is a black-and-white "copyright owners have all the 
rights", then you're standing with the RIAA's and the MPAA's of the world.


Me, personally, I think the RIAA and the MPAA is a shithouse. They are 
immoral. But guess what? They are immoral exactly _because_ they think 
that they automatically own ALL the rights, just because they own the 
copyright.


That is what it boils down to: copyright doesn't really give you "absolute 
power". This is why I have been _consistently_ arguing that we're not 
about "black and white" or "good against evil". It simply isn't that 
simple.


I don't like binary modules. I refuse to support them, and if it turns out 
that the module was written using Linux code, and just for Linux, I htink 
that's a _clear_ copyright violation, and that binary module is obviously 
a license violation.


But if the module was written for other systems, and just ported to Linux, 
and not using our code, then it's very much debatable whether it's 
actually a "derived work". Interfaces don't make "derived works" per se. 

Now, is it something you could sue people over? Sure. I actually do 
believe that it's very possible that a judge _would_ consider such a 
module a derived work, and you can sue people. It probably depends on 
circumstances too. 


But don't you see the problem with a black-and-white technical measure?

Don't you see the problem with the DMCA and the DVD encryption? 

Those kinds of things REMOVE the "reasonable thought" from the equation, 
and turn a gradual process into a sharp "right or wrong" situation. AND 
THAT IS WRONG. We simply do not LIVE in a world that is black and white.


So if you think somebody violates your copyright, send them a C&D letter, 
and eventually take them to court. It's been done. Companies that mis-used 
the GPL have actually been sued, and THEY HAVE LOST. That's a GOOD thing. 
I'm not arguing against that at all. What I'm arguing against is the 
"blind belief" that you or I have the right to tell people what to do, 
just because we own copyrights.


It's not a blind belief that I'm willing to subscribe to. Exactly because 
I have _seen_ what that blind belief results in - crap like the DMCA and 
the RIAA lawsuits.


Linus

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Ben Collins]

On Thu, 2006-12-14 at 18:21 +0100, Jan Engelhardt wrote:
> On Dec 14 2006 08:46, Ben Collins wrote:
> >I have to agree with your your whole statement. The gradual changes to
> >lock down kernel modules to a particular license(s) tends to mirror the
> >slow lock down of content (music/movies) that people complain about so
> >loudly. It's basically becoming DRM for code.
> >
> >I don't think anyone ever expected technical mechanisms to be developed
> >to enforce the GPL. It's sort of counter intuitive to why the GPL
> >exists, which is to free the code.
> 
> """To protect your rights, we need to make restrictions that forbid
> anyone to deny you these rights"""
> 
> >Let the licenses and lawyers fight to protect the code. The code doesn't
> >need to do that itself. It's got better things to do.

And these restrictions are in the letter of the GPL, not the function
prototypes of my code. Anyone willing to write libgpl-enforcement?

I don't care if someone wants to take my code and blatantly make use of
it in their own projects. I encourage it. I wrote it so people could do
whatever the hell they wanted to with it. It's when that project is made
available to others where I expect the GPL to enforce my copyrights and
licenses. I don't expect my code to be self checking for it, and then
add conditions that this portion of the code cannot be removed, because
then it isn't really GPL anymore, because then it isn't really free
either.

Maybe people will be happy if it ends up like this:

Booting Linux...
Please insert your original GNU/Linux source CD...

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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Chris Wedgwood]

On Thu, Dec 14, 2006 at 05:38:27PM +, Christoph Hellwig wrote:

> Yes, EXPORT_SYMBOL_INTERNAL would make a lot more sense.

A quick grep shows that changing this now would require updating
nearly 1900 instances, so patches to do this would be pretty large and
disruptive (though we could support both during a transition and
migrate them over time).
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Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

[Jan Engelhardt]

>You know what I think hurts us more than anything? You know what
>probably keeps companies from writing drivers or releasing specs? It's
>because they know some non-paid kernel hackers out there will eventually
>reverse engineer it and write the drivers for them. Free development,
>and they didn't even have to release their precious specs.

I don't get them either. If reverse-engineering will release their
precious trade secrets they wanted to protect by making the thing
closed, they could have just asked someone to write a linux driver
for free if they don't have the guts to actually pay
qualified/experienced developers.


-`J'
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