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Linux's GPLv2 licence is routinely violated (2015)

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Re: Linux's GPLv2 licence is routinely violated (2015)

#81
> You have use cases for binary kernel modules which need to be accommodated

I can't think of a single reason that binary-only kernel modules would ever need to be distributed. There are some cases when out-of-tree modules make sense, but in all of these cases, they could be distributed with source code, in compliance with the GPL.

Re: Linux's GPLv2 licence is routinely violated (2015)

#82
post #23

> It is rather ironic that in some ways, one has more freedom in how one licences a kernel driver for Windows than the freedom one supposedly has in writing a kernel module for Linux. it is not ironic at all: freedom in Free Software is the freedom of USERS of the software to be able to see and modify the source. This is a freedom granted by the writers of the software, and copyleft means that this right is ensured t…

In particular, that quote mixes up freedom and power: https://www.gnu.org/philosophy/freedom-or-power.en.html

Being allowed to choose a license that denies freedom to others isn't freedom, just like being allowed to own slaves wasn't freedom.

Re: Linux's GPLv2 licence is routinely violated (2015)

#83
post #78

Earlier quoted context omitted.

> Users are unable to distribute You're talking about distributors.

Going with the GPL, a user can be a distributor too and are ofte encouraged to distribute libre software.

“You’re free to use this however you like! And by however you like, I mean a very specific set of things”

Re: Linux's GPLv2 licence is routinely violated (2015)

#84
Is there any legal significance to "clean-room" reverse-engineering? I hear this term a lot from engineers who seem to think that they're entitled to claim ownership over distinct works created by people who read their source code (and in extreme cases their documentation or even disassembled binaries), but that's not how any other form of intellectual property works.

Re: Linux's GPLv2 licence is routinely violated (2015)

#85

> Actually, it gets worse. Here's what the GPLv2 says about termination: > So if you violate the licence, it is terminated. That's it. Given that “you” may refer to a corporation, this creates the following disturbing possibility: This is called the GPL death penalty, has actually happen in the past even before the article was written. It is yet another thing fixed by the oft-maligned GPLv3. Samba switched to GPLv3 b…

Now I'm curious. Who or what company was hit by the GPL "death penalty"?

Last year Stockfish attempted to enforce the GPLv3 version of the clause against ChessBase. I'm not sure how it has turned out so far.

https://stockfishchess.org/blog/2021/our-lawsuit-against-che...

Previous discussion:

https://news.ycombinator.com/item?id=27896386

Re: Linux's GPLv2 licence is routinely violated (2015)

#86

Is there any legal significance to "clean-room" reverse-engineering? I hear this term a lot from engineers who seem to think that they're entitled to claim ownership over distinct works created by people who read their source code (and in extreme cases their documentation or even disassembled binaries), but that's not how any other form of intellectual property works.

Yes, there is significant legal precedent for the practice. Sony v. Connectix, Inc. comes to mind. Team A directly reversed Sony's PS1 BIOS and gave the resulting specifications to team B, which then implemented those in source code form.

Re: Linux's GPLv2 licence is routinely violated (2015)

#87

I rather use Mozilla Public License 2.0, Eclipse Public License 2.0, or EUPL 1.2 for copyleft purposes. Strong copyleft as a concept has no legal reality. Linking a program to another don't produce a derivative work. https://joinup.ec.europa.eu/collection/eupl/news/why-viral-l... FSF is full of baloney about how static or dynamic linking is different than communicating for example through sockets. To be able to use t…

That's potentially true with respect to dynamic linking, but if it's statically linked then you are literally distributing somebody else's code alongside your own so I can't imagine how that could be anything but a derived work.

Re: Linux's GPLv2 licence is routinely violated (2015)

#88

> Actually, it gets worse. Here's what the GPLv2 says about termination: > So if you violate the licence, it is terminated. That's it. Given that “you” may refer to a corporation, this creates the following disturbing possibility: This is called the GPL death penalty, has actually happen in the past even before the article was written. It is yet another thing fixed by the oft-maligned GPLv3. Samba switched to GPLv3 b…

Now I'm curious. Who or what company was hit by the GPL "death penalty"?

The slides I attached are from a talk which mentioned one example. I remember seeing some version of this talk at some FOSDEM, likely https://archive.fosdem.org/2015/schedule/event/samba/

Re: Linux's GPLv2 licence is routinely violated (2015)

#89

Is there any legal significance to "clean-room" reverse-engineering? I hear this term a lot from engineers who seem to think that they're entitled to claim ownership over distinct works created by people who read their source code (and in extreme cases their documentation or even disassembled binaries), but that's not how any other form of intellectual property works.

IANAL

This is the difference between patents and copyright.

A mechanism that is patented can not be implemented by anyone. It doesn't matter if they did or did not read your source, they cannot implement it. It doesn't even matter if they knew the patent existed or that even that it had been done before.

Copyright is a lot more forgiving. It only covers the exact implementation. Doing a clean room implemation means you will write different code that does the exact or very similar thing.

Re: Linux's GPLv2 licence is routinely violated (2015)

#90
post #23

> It is rather ironic that in some ways, one has more freedom in how one licences a kernel driver for Windows than the freedom one supposedly has in writing a kernel module for Linux. it is not ironic at all: freedom in Free Software is the freedom of USERS of the software to be able to see and modify the source. This is a freedom granted by the writers of the software, and copyleft means that this right is ensured t…

> the GPL and like licenses are the most permissive licenses This is a deliberately confusing statement. It's fine to prefer the GPL over MIT/BSD-style licenses, but the term "permissive" is well-understood in reference to non-copyleft licenses. Misapplying that term just muddles the issue unnecessarily. See also: [the wikipedia page on permissive licenses]( https://en.wikipedia.org/wiki/Permissive_software_license )…

you are creating more confusion by selectively quoting me out of context. You left out "from the perspective of the eventual users"

You are saying that from the perspective of developers, taking open source software and not permitting users to see the source is... permissive. It's like the right to put people in jail is extra freedom, because you get the freedom to do that! I can't believe that's not in the bill of rights! I find that to be confusing.

I did not create the confusion that surrounds licensing, I'm trying to clarify it.

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