linux-kernel - Re: Open letter to Linux kernel developers (was Re: Binary Drivers)

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Date:	Wed, 20 Dec 2006 16:38:56 -0800 (PST)
From:	Casey Schaufler <casey@...aufler-ca.com>
To:	Giuseppe Bilotta <bilotta78@...pop.com>,
	linux-kernel@...r.kernel.org
Subject: Re: Open letter to Linux kernel developers (was Re: Binary Drivers)

--- Giuseppe Bilotta <bilotta78@...pop.com> wrote:

> Except that we're talking about *hardware* companies
> here, not
> *software* companies. *Hardware* companies make
> money by selling
> *hardware*, not the software that drives it: in
> fact, they always
> distribute the 'software' they write (the drivers)
> for free (gratis).
> 
> So while what you say is perfectly sensible for
> *software* developers,
> it has absolutely nothing to do with the closed
> source drivers
> *hardware* companies distribute.

The argument that a hardware company usually
invokes is that, while they don't give a horse's
pitute about the software itself, they do care
about the information the software contains
about their hardware. The concern is that
publishing the software under any form of open
or free license would be seen as publishing
the details of the hardware, thus making any
claims that they attempted to protect thier
intellectual property void. They would sell
less hardware because they would have no legal
recourse against anyone who "stole" the secrets
to their hardware.

I make no claims to understanding the legal
basis for this position. I don't even know if
I think it makes sense. I have heard it often
enough to understand that many people believe
it though.

Casey Schaufler
casey@...aufler-ca.com
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