Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-10-07 Thread Feng Kan
Hi Greg:

We have obtained GPL 2 only header from Synopsis. We have also identified all
parties that contributed to the code base and contacted them regarding
license change.
Any party that we could not reach, we will remove the patch from the submission.
Let me know if this is sufficient for resubmission.

Thanks
Feng

On Thu, Jul 29, 2010 at 8:36 PM, Greg KH gre...@suse.de wrote:
 On Thu, Jul 29, 2010 at 07:02:44PM -0700, Feng Kan wrote:
 On Thu, Jul 29, 2010 at 6:26 PM, Greg KH gre...@suse.de wrote:
  On Thu, Jul 29, 2010 at 06:19:25PM -0700, Feng Kan wrote:
  Hi Greg:
 
  On Thu, Jul 29, 2010 at 5:50 PM, Greg KH gre...@suse.de wrote:
   On Thu, Jul 29, 2010 at 05:14:59PM -0700, Feng Kan wrote:
   Hi Greg:
  
   We will change to a BSD 3 clause license header. Our legal counsel is
   talking to Synopsis to make this change.
  
   Why BSD? ??You do realize what that means when combined within the body
   of the kernel, right?
  
 
  FKAN: We will shoot for a dual BSD/GPL license such as the one in the HP
  ?? ?? ?? ?? ?? ??Hil driver.
 
  What specific driver is this?

 FKAN: this is driver/input/serio/hil_mlc.c and quite a number of others.

 Ok, thanks.

 Are you _sure_ that you didn't take any existing GPL code and put it
 into this driver when making it?  Did all contributors to the code
 release their contributions under both licenses?

  And are you sure that all of the contributors to the code agree with
  this licensing change? ??Are you going to require contributors to
  dual-license their changes?
 
  If so, why keep it BSD, what does that get you?

 FKAN: for one thing, to make it future proof on other submissions.

 What do you mean by this?  What can you do with this code other than use
 it on a Linux system?  You can't put it into any other operating system
 with a different license, can you?

   Are you going to be expecting others to contribute back to the code
   under this license, or will you accept the fact that future
   contributions from the community will cause the license to change?
 
 
  You didn't answer this question, which is a very important one before I
  can accept this driver.

 FKAN: Yes, all of the above. Our legal is working on that. I thought by 
 default
            GPL defines the above statement.

 The GPL does, but as you are trying to dual-license the code, you have
 to be careful about how you accept changes, and under what license.
 It's a lot more work than I think you realize.  What process do you have
 in place to handle this?

   We will resubmit once this is in place. Please let me know if you have
   any additional concerns.
  
   My main concern is that you, and everyone else involved in the driver,
   never considered the license of the code in the first place and expected
   the kernel community to accept it as-is, placing the problem on us.
 
  FKAN: Please don't think this is the case, we gone through this exercise
  ?? ?? ?? ?? ?? with Denx.
 
  What is Denx?

 FKAN: U-Boot Denx.de

 Ah, thanks.

  We had legal looking into the header before submission
  ?? ?? ?? ?? ?? to them and the kernel.
 
  Then what happened here? ??Just curious as to how the driver was public
  for so long before someone realized this.
 

 FKAN:  this was few years back. At the time we had the header changed
            so it was BSD like to be accepted by Denx.

   What will be done in the future to prevent this from happening again?
 
  FKAN: agreed, once bitten  :)
 
  That didn't answer the question :)

 FKAN: we have a system of checks for every patch that goes out. I will send
            out a guideline to all reviewer to make sure the header
 follow kernel precedence.

 But you took this code from a different vendor, are you able to properly
 identify the code contributions to this base and what license it is
 under and where they got it from?

            Legal is quite aware of the issue now too.

 As they should be :)

 Please reconsider the dual licensing unless you really are ready to
 handle the implications of it.

 thanks,

 greg k-h

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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-10-07 Thread Greg KH
On Thu, Oct 07, 2010 at 03:01:33PM -0700, Feng Kan wrote:
 Hi Greg:
 
 We have obtained GPL 2 only header from Synopsis. We have also identified all
 parties that contributed to the code base and contacted them regarding
 license change.
 Any party that we could not reach, we will remove the patch from the 
 submission.
 Let me know if this is sufficient for resubmission.

Yes, that sounds fine, thanks for doing that work.

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-29 Thread Feng Kan
Hi Greg:

We will change to a BSD 3 clause license header. Our legal counsel is
talking to Synopsis to make this change. We will resubmit once this
is in place. Please let me know if you have any additional concerns.

Feng Kan
Applied Micro

On Mon, Jul 26, 2010 at 4:16 PM, Greg KH gre...@suse.de wrote:
 On Mon, Jul 26, 2010 at 04:05:49PM -0700, Feng Kan wrote:
 Hi Greg:

 We are having our legal revisit this again. What would you advise us
 to do at this point?

 I thought I was very clear below as to what is needed.

 Disclose the agreement or have someone with legal authority reply this
 thread.

 Neither will resolve the end issue, right?

 Perhaps something in the header that states Applied Micro verified
 with Synopsys to use this code for GPL purpose.

 No, that will just make it messier.  Someone needs to delete all of the
 mess in the file, put the proper license information for what the code
 is being licensed under (whatever it is), and provide a signed-off-by
 from a person from Synopsys and APM that can speak for the company that
 they agree that the code can properly be placed into the Linux kernel.

 thanks,

 greg k-h




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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-29 Thread Greg KH
On Thu, Jul 29, 2010 at 05:14:59PM -0700, Feng Kan wrote:
 Hi Greg:
 
 We will change to a BSD 3 clause license header. Our legal counsel is
 talking to Synopsis to make this change.

Why BSD?  You do realize what that means when combined within the body
of the kernel, right?

Are you going to be expecting others to contribute back to the code
under this license, or will you accept the fact that future
contributions from the community will cause the license to change?

 We will resubmit once this is in place. Please let me know if you have
 any additional concerns.

My main concern is that you, and everyone else involved in the driver,
never considered the license of the code in the first place and expected
the kernel community to accept it as-is, placing the problem on us.

What will be done in the future to prevent this from happening again?

thanks,

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-29 Thread Feng Kan
Hi Greg:

On Thu, Jul 29, 2010 at 5:50 PM, Greg KH gre...@suse.de wrote:
 On Thu, Jul 29, 2010 at 05:14:59PM -0700, Feng Kan wrote:
 Hi Greg:

 We will change to a BSD 3 clause license header. Our legal counsel is
 talking to Synopsis to make this change.

 Why BSD?  You do realize what that means when combined within the body
 of the kernel, right?


FKAN: We will shoot for a dual BSD/GPL license such as the one in the HP
   Hil driver.

 Are you going to be expecting others to contribute back to the code
 under this license, or will you accept the fact that future
 contributions from the community will cause the license to change?

 We will resubmit once this is in place. Please let me know if you have
 any additional concerns.

 My main concern is that you, and everyone else involved in the driver,
 never considered the license of the code in the first place and expected
 the kernel community to accept it as-is, placing the problem on us.

FKAN: Please don't think this is the case, we gone through this exercise
  with Denx. We had legal looking into the header before submission
  to them and the kernel.


 What will be done in the future to prevent this from happening again?

FKAN: agreed, once bitten  :)


 thanks,

 greg k-h




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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-29 Thread Greg KH
On Thu, Jul 29, 2010 at 06:19:25PM -0700, Feng Kan wrote:
 Hi Greg:
 
 On Thu, Jul 29, 2010 at 5:50 PM, Greg KH gre...@suse.de wrote:
  On Thu, Jul 29, 2010 at 05:14:59PM -0700, Feng Kan wrote:
  Hi Greg:
 
  We will change to a BSD 3 clause license header. Our legal counsel is
  talking to Synopsis to make this change.
 
  Why BSD?  You do realize what that means when combined within the body
  of the kernel, right?
 
 
 FKAN: We will shoot for a dual BSD/GPL license such as the one in the HP
Hil driver.

What specific driver is this?

And are you sure that all of the contributors to the code agree with
this licensing change?  Are you going to require contributors to
dual-license their changes?

If so, why keep it BSD, what does that get you?

  Are you going to be expecting others to contribute back to the code
  under this license, or will you accept the fact that future
  contributions from the community will cause the license to change?


You didn't answer this question, which is a very important one before I
can accept this driver.

  We will resubmit once this is in place. Please let me know if you have
  any additional concerns.
 
  My main concern is that you, and everyone else involved in the driver,
  never considered the license of the code in the first place and expected
  the kernel community to accept it as-is, placing the problem on us.
 
 FKAN: Please don't think this is the case, we gone through this exercise
   with Denx.

What is Denx?

 We had legal looking into the header before submission
   to them and the kernel.

Then what happened here?  Just curious as to how the driver was public
for so long before someone realized this.

  What will be done in the future to prevent this from happening again?
 
 FKAN: agreed, once bitten  :)

That didn't answer the question :)

thanks,

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-29 Thread Feng Kan
On Thu, Jul 29, 2010 at 6:26 PM, Greg KH gre...@suse.de wrote:
 On Thu, Jul 29, 2010 at 06:19:25PM -0700, Feng Kan wrote:
 Hi Greg:

 On Thu, Jul 29, 2010 at 5:50 PM, Greg KH gre...@suse.de wrote:
  On Thu, Jul 29, 2010 at 05:14:59PM -0700, Feng Kan wrote:
  Hi Greg:
 
  We will change to a BSD 3 clause license header. Our legal counsel is
  talking to Synopsis to make this change.
 
  Why BSD?  You do realize what that means when combined within the body
  of the kernel, right?
 

 FKAN: We will shoot for a dual BSD/GPL license such as the one in the HP
            Hil driver.

 What specific driver is this?

FKAN: this is driver/input/serio/hil_mlc.c and quite a number of others.


 And are you sure that all of the contributors to the code agree with
 this licensing change?  Are you going to require contributors to
 dual-license their changes?

 If so, why keep it BSD, what does that get you?

FKAN: for one thing, to make it future proof on other submissions.


  Are you going to be expecting others to contribute back to the code
  under this license, or will you accept the fact that future
  contributions from the community will cause the license to change?


 You didn't answer this question, which is a very important one before I
 can accept this driver.

FKAN: Yes, all of the above. Our legal is working on that. I thought by default
   GPL defines the above statement.


  We will resubmit once this is in place. Please let me know if you have
  any additional concerns.
 
  My main concern is that you, and everyone else involved in the driver,
  never considered the license of the code in the first place and expected
  the kernel community to accept it as-is, placing the problem on us.

 FKAN: Please don't think this is the case, we gone through this exercise
           with Denx.

 What is Denx?

FKAN: U-Boot Denx.de


 We had legal looking into the header before submission
           to them and the kernel.

 Then what happened here?  Just curious as to how the driver was public
 for so long before someone realized this.


FKAN:  this was few years back. At the time we had the header changed
   so it was BSD like to be accepted by Denx.

  What will be done in the future to prevent this from happening again?

 FKAN: agreed, once bitten  :)

 That didn't answer the question :)

FKAN: we have a system of checks for every patch that goes out. I will send
   out a guideline to all reviewer to make sure the header
follow kernel precedence.
   Legal is quite aware of the issue now too.


 thanks,

 greg k-h




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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-29 Thread Greg KH
On Thu, Jul 29, 2010 at 07:02:44PM -0700, Feng Kan wrote:
 On Thu, Jul 29, 2010 at 6:26 PM, Greg KH gre...@suse.de wrote:
  On Thu, Jul 29, 2010 at 06:19:25PM -0700, Feng Kan wrote:
  Hi Greg:
 
  On Thu, Jul 29, 2010 at 5:50 PM, Greg KH gre...@suse.de wrote:
   On Thu, Jul 29, 2010 at 05:14:59PM -0700, Feng Kan wrote:
   Hi Greg:
  
   We will change to a BSD 3 clause license header. Our legal counsel is
   talking to Synopsis to make this change.
  
   Why BSD? ??You do realize what that means when combined within the body
   of the kernel, right?
  
 
  FKAN: We will shoot for a dual BSD/GPL license such as the one in the HP
  ?? ?? ?? ?? ?? ??Hil driver.
 
  What specific driver is this?
 
 FKAN: this is driver/input/serio/hil_mlc.c and quite a number of others.

Ok, thanks.

Are you _sure_ that you didn't take any existing GPL code and put it
into this driver when making it?  Did all contributors to the code
release their contributions under both licenses?

  And are you sure that all of the contributors to the code agree with
  this licensing change? ??Are you going to require contributors to
  dual-license their changes?
 
  If so, why keep it BSD, what does that get you?
 
 FKAN: for one thing, to make it future proof on other submissions.

What do you mean by this?  What can you do with this code other than use
it on a Linux system?  You can't put it into any other operating system
with a different license, can you?

   Are you going to be expecting others to contribute back to the code
   under this license, or will you accept the fact that future
   contributions from the community will cause the license to change?
 
 
  You didn't answer this question, which is a very important one before I
  can accept this driver.
 
 FKAN: Yes, all of the above. Our legal is working on that. I thought by 
 default
GPL defines the above statement.

The GPL does, but as you are trying to dual-license the code, you have
to be careful about how you accept changes, and under what license.
It's a lot more work than I think you realize.  What process do you have
in place to handle this?

   We will resubmit once this is in place. Please let me know if you have
   any additional concerns.
  
   My main concern is that you, and everyone else involved in the driver,
   never considered the license of the code in the first place and expected
   the kernel community to accept it as-is, placing the problem on us.
 
  FKAN: Please don't think this is the case, we gone through this exercise
  ?? ?? ?? ?? ?? with Denx.
 
  What is Denx?
 
 FKAN: U-Boot Denx.de

Ah, thanks.

  We had legal looking into the header before submission
  ?? ?? ?? ?? ?? to them and the kernel.
 
  Then what happened here? ??Just curious as to how the driver was public
  for so long before someone realized this.
 
 
 FKAN:  this was few years back. At the time we had the header changed
so it was BSD like to be accepted by Denx.
 
   What will be done in the future to prevent this from happening again?
 
  FKAN: agreed, once bitten  :)
 
  That didn't answer the question :)
 
 FKAN: we have a system of checks for every patch that goes out. I will send
out a guideline to all reviewer to make sure the header
 follow kernel precedence.

But you took this code from a different vendor, are you able to properly
identify the code contributions to this base and what license it is
under and where they got it from?

Legal is quite aware of the issue now too.

As they should be :)

Please reconsider the dual licensing unless you really are ready to
handle the implications of it.

thanks,

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-26 Thread Greg KH
On Mon, Jul 26, 2010 at 11:49:41AM -0700, Fushen Chen wrote:
 This adds support for the USB host controller on APM SoC using
 Synopsys Designware IP.
 
 Signed-off-by: Fushen Chen fc...@apm.com
 Signed-off-by: Mark Miesfeld mmiesf...@apm.com

Can I get some acks from the other developers who have worked on this
driver to verify that this version does indeed work, and that their work
has been integrated properly into the driver?

 --- /dev/null
 +++ b/drivers/usb/dwc_otg/dwc_otg_apmppc.c
 @@ -0,0 +1,408 @@
 +/*
 + * DesignWare HS OTG controller driver
 + *
 + * Author: Mark Miesfeld mmiesf...@apm.com
 + *
 + * Based on versions provided by APM and Synopsis which are:
 + *   Copyright (C) 2009-2010 AppliedMicro(www.apm.com)
 + * Modified by Stefan Roese s...@denx.de, DENX Software Engineering
 + *
 + * Synopsys HS OTG Linux Software Driver and documentation (hereinafter,
 + * Software) is an Unsupported proprietary work of Synopsys, Inc. unless
 + * otherwise expressly agreed to in writing between Synopsys and you.

WTF?

Um, I think someone needs to rethink this submission, as this really
doesn't look like GPL code...

Oh, and where do I go get that writing between me and Synopsys to fix
this up?  :)

 + * The Software IS NOT an item of Licensed Software or Licensed Product under
 + * any End User Software License Agreement or Agreement for Licensed Product
 + * with Synopsys or any supplement thereto. You are permitted to use and
 + * redistribute this Software in source and binary forms, with or without
 + * modification, provided that redistributions of source code must retain 
 this
 + * notice. You may not view, use, disclose, copy or distribute this file or
 + * any information contained herein except pursuant to this license grant 
 from
 + * Synopsys. If you do not agree with this notice, including the disclaimer
 + * below, then you are not authorized to use the Software.

Same here, what is going on?

Has someone run this through the proper legal approval to make public?
If so, someone needs to go kick a lawyer.  If not, they just got in big
trouble...

 + * THIS SOFTWARE IS BEING DISTRIBUTED BY SYNOPSYS SOLELY ON AN AS IS BASIS
 + * AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 + * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
 + * ARE HEREBY DISCLAIMED. IN NO EVENT SHALL SYNOPSYS BE LIABLE FOR ANY 
 DIRECT,
 + * INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
 + * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
 + * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
 + * CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
 + * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
 + * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF 
 SUCH
 + * DAMAGE.
 + *
 + * This program is free software; you can redistribute it and/or modify
 + * it under the terms of the GNU General Public License version 2 as
 + * published by the Free Software Foundation.
 + *
 + * This program is distributed in the hope that it will be useful, but
 + * WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY
 + * or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License
 + * for more details.
 + *
 + * You should have received a copy of the GNU General Public License
 + * along with this program; if not, write to the Free Software Foundation,
 + * Inc., 675 Mass Ave, Cambridge, MA 02139, USA.


It's fun to just tack on the GPL boilerplate on a file, but when it
conflicts with other stuff in the same file, it kind of just makes us
all go crazy.

I can't take this at all, please go clean it up.

ick,

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-26 Thread David Daney

On 07/26/2010 02:37 PM, Greg KH wrote:
[...]

+/*
+ * DesignWare HS OTG controller driver
+ *
+ * Author: Mark Miesfeldmmiesf...@apm.com
+ *
+ * Based on versions provided by APM and Synopsis which are:
+ * Copyright (C) 2009-2010 AppliedMicro(www.apm.com)
+ * Modified by Stefan Roeses...@denx.de, DENX Software Engineering
+ *
+ * Synopsys HS OTG Linux Software Driver and documentation (hereinafter,
+ * Software) is an Unsupported proprietary work of Synopsys, Inc. unless
+ * otherwise expressly agreed to in writing between Synopsys and you.


WTF?



I was not involved with this version of the patch, but is it really that 
bad?




Um, I think someone needs to rethink this submission, as this really
doesn't look like GPL code...

Oh, and where do I go get that writing between me and Synopsys to fix
this up?  :)


+ * The Software IS NOT an item of Licensed Software or Licensed Product under
+ * any End User Software License Agreement or Agreement for Licensed Product
+ * with Synopsys or any supplement thereto. You are permitted to use and
+ * redistribute this Software in source and binary forms, with or without
+ * modification, provided that redistributions of source code must retain this
+ * notice. You may not view, use, disclose, copy or distribute this file or
+ * any information contained herein except pursuant to this license grant from
+ * Synopsys. If you do not agree with this notice, including the disclaimer
+ * below, then you are not authorized to use the Software.


Same here, what is going on?


First of all, I am not a Lawyer, so take this with a grain of salt if 
you wish.


How is this different than a 3-clause BSD License?  There are other 
instances of BSD Licensed code in the kernel (see include/linux/quota.h 
for example).




Has someone run this through the proper legal approval to make public?
If so, someone needs to go kick a lawyer.  If not, they just got in big
trouble...


+ * THIS SOFTWARE IS BEING DISTRIBUTED BY SYNOPSYS SOLELY ON AN AS IS BASIS
+ * AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
+ * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
+ * ARE HEREBY DISCLAIMED. IN NO EVENT SHALL SYNOPSYS BE LIABLE FOR ANY DIRECT,
+ * INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
+ * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
+ * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
+ * CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
+ * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
+ * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
+ * DAMAGE.
+ *
+ * This program is free software; you can redistribute it and/or modify
+ * it under the terms of the GNU General Public License version 2 as
+ * published by the Free Software Foundation.
+ *
+ * This program is distributed in the hope that it will be useful, but
+ * WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY
+ * or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License
+ * for more details.
+ *
+ * You should have received a copy of the GNU General Public License
+ * along with this program; if not, write to the Free Software Foundation,
+ * Inc., 675 Mass Ave, Cambridge, MA 02139, USA.



It's fun to just tack on the GPL boilerplate on a file, but when it
conflicts with other stuff in the same file, it kind of just makes us
all go crazy.



Indeed that part does seem questionable.  Could it be used with the 
original Synopsys license, without tacking on this GPL bit?



David Daney
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-26 Thread Greg KH
On Mon, Jul 26, 2010 at 02:55:21PM -0700, David Daney wrote:
 On 07/26/2010 02:37 PM, Greg KH wrote:
 [...]
 +/*
 + * DesignWare HS OTG controller driver
 + *
 + * Author: Mark Miesfeldmmiesf...@apm.com
 + *
 + * Based on versions provided by APM and Synopsis which are:
 + * Copyright (C) 2009-2010 AppliedMicro(www.apm.com)
 + * Modified by Stefan Roeses...@denx.de, DENX Software Engineering
 + *
 + * Synopsys HS OTG Linux Software Driver and documentation (hereinafter,
 + * Software) is an Unsupported proprietary work of Synopsys, Inc. unless
 + * otherwise expressly agreed to in writing between Synopsys and you.
 
 WTF?
 
 
 I was not involved with this version of the patch, but is it really
 that bad?

You tell me, how does that interact with the GPL?

Do you want to be in charge of getting that approval in writing from
every single user of Linux and Synopsys so that this is somehow not a
proprietary work of Synopsys, Inc.?


 Um, I think someone needs to rethink this submission, as this really
 doesn't look like GPL code...
 
 Oh, and where do I go get that writing between me and Synopsys to fix
 this up?  :)
 
 + * The Software IS NOT an item of Licensed Software or Licensed Product 
 under
 + * any End User Software License Agreement or Agreement for Licensed 
 Product
 + * with Synopsys or any supplement thereto. You are permitted to use and
 + * redistribute this Software in source and binary forms, with or without
 + * modification, provided that redistributions of source code must retain 
 this
 + * notice. You may not view, use, disclose, copy or distribute this file or
 + * any information contained herein except pursuant to this license grant 
 from
 + * Synopsys. If you do not agree with this notice, including the disclaimer
 + * below, then you are not authorized to use the Software.
 
 Same here, what is going on?
 
 First of all, I am not a Lawyer, so take this with a grain of salt
 if you wish.
 
 How is this different than a 3-clause BSD License?  There are other
 instances of BSD Licensed code in the kernel (see
 include/linux/quota.h for example).

That's wonderful, then license it under the 3-clause BSD license.  Don't
make up something else :)

If that's what is happening here, then document it as such.

 Has someone run this through the proper legal approval to make public?
 If so, someone needs to go kick a lawyer.  If not, they just got in big
 trouble...
 
 + * THIS SOFTWARE IS BEING DISTRIBUTED BY SYNOPSYS SOLELY ON AN AS IS 
 BASIS
 + * AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, 
 THE
 + * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
 PURPOSE
 + * ARE HEREBY DISCLAIMED. IN NO EVENT SHALL SYNOPSYS BE LIABLE FOR ANY 
 DIRECT,
 + * INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
 + * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
 + * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 
 HOWEVER
 + * CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
 + * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY 
 WAY
 + * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF 
 SUCH
 + * DAMAGE.
 + *
 + * This program is free software; you can redistribute it and/or modify
 + * it under the terms of the GNU General Public License version 2 as
 + * published by the Free Software Foundation.
 + *
 + * This program is distributed in the hope that it will be useful, but
 + * WITHOUT ANY WARRANTY; without even the implied warranty of 
 MERCHANTABILITY
 + * or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License
 + * for more details.
 + *
 + * You should have received a copy of the GNU General Public License
 + * along with this program; if not, write to the Free Software Foundation,
 + * Inc., 675 Mass Ave, Cambridge, MA 02139, USA.
 
 
 It's fun to just tack on the GPL boilerplate on a file, but when it
 conflicts with other stuff in the same file, it kind of just makes us
 all go crazy.
 
 
 Indeed that part does seem questionable.  Could it be used with the
 original Synopsys license, without tacking on this GPL bit?

Um, no.

Please, someone needs to go run this past the Synopsys lawyers (yeah,
sorry, that's horrible to do, but it needs to be done to get it
correct.)

Because of this, I'd like to get a lawyer's signed-off-by on the code as
well just to verify that it's all ok.

Yes, that's a pain, but we gotta make sure that everyone involved knows
_exactly_ what is going on here, and this mess of header garbage shows
that no one knows what is happening.

thanks,

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-26 Thread Greg KH
On Mon, Jul 26, 2010 at 03:05:13PM -0700, Greg KH wrote:
 Please, someone needs to go run this past the Synopsys lawyers (yeah,
 sorry, that's horrible to do, but it needs to be done to get it
 correct.)
 
 Because of this, I'd like to get a lawyer's signed-off-by on the code as
 well just to verify that it's all ok.

Or someone with the legal authority to verify that this is an action
that Synopsys agrees with the license of the code now.  This usually
means a VP or some such person that can act publicly for the company.

thanks,

greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-26 Thread Feng Kan
Hi Greg:

We are having our legal revisit this again. What would you advise us
to do at this
point? Disclose the agreement or have someone with legal authority
reply this thread.
Perhaps something in the header that states Applied Micro verified
with Synopsys
to use this code for GPL purpose.

Feng Kan

On Mon, Jul 26, 2010 at 3:08 PM, Greg KH gre...@suse.de wrote:
 On Mon, Jul 26, 2010 at 03:05:13PM -0700, Greg KH wrote:
 Please, someone needs to go run this past the Synopsys lawyers (yeah,
 sorry, that's horrible to do, but it needs to be done to get it
 correct.)

 Because of this, I'd like to get a lawyer's signed-off-by on the code as
 well just to verify that it's all ok.

 Or someone with the legal authority to verify that this is an action
 that Synopsys agrees with the license of the code now.  This usually
 means a VP or some such person that can act publicly for the company.

 thanks,

 greg k-h
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Re: [PATCH 1/2 v1.03] Add support for DWC OTG HCD function.

2010-07-26 Thread Greg KH
On Mon, Jul 26, 2010 at 04:05:49PM -0700, Feng Kan wrote:
 Hi Greg:
 
 We are having our legal revisit this again. What would you advise us
 to do at this point?

I thought I was very clear below as to what is needed.

 Disclose the agreement or have someone with legal authority reply this
 thread.

Neither will resolve the end issue, right?

 Perhaps something in the header that states Applied Micro verified
 with Synopsys to use this code for GPL purpose.

No, that will just make it messier.  Someone needs to delete all of the
mess in the file, put the proper license information for what the code
is being licensed under (whatever it is), and provide a signed-off-by
from a person from Synopsys and APM that can speak for the company that
they agree that the code can properly be placed into the Linux kernel.

thanks,

greg k-h
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