linux-kernel - Re: Binary Drivers

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Message-Id: <200612232311.kBNNB79T014936@laptop13.inf.utfsm.cl>
Date:	Sat, 23 Dec 2006 20:11:07 -0300
From:	"Horst H. von Brand" <vonbrand@....utfsm.cl>
To:	davids@...master.com
cc:	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>
Subject: Re: Binary Drivers 

David Schwartz <davids@...master.com> wrote:
> > Two of the specific arguments I've heard are (a) that the board (and
> > its hardware interfaces that the documentation would describe) involve
> > IP licensed from a third party, which the board manufacturer does not
> > have a legal right to disclose,

> If they can't disclose it, they can't sell it. If they can't sell it, it's
> fraud to tell someone that they can buy it. If a contract with a third party
> limits your ability to sell something to someone, you have to *tell* *them*
> that they do not get all of the rights of ownership because you don't own
> some of them and hence can't transfer them.

They aren't /selling/ you the rights to the driver, just charging you for
its /use/.

[...]

> > or (b) that there is, in fact, no
> > suitable documentation, because the boards are developed somewhat
> > fluidly and the driver is developed directly from low-level knowledge
> > that simply isn't written down in a form suitable for passing on.

> You can't sell something that doesn't exist. If you sell a car even though
> you can't explain how anyone could drive it, that's fraud.

Nonsense.

[...]

> > If you're building products with no expectation of supporting outside
> > driver developers, both of those are quite possible.

> And they're both quite fraudulent. You cannot both sell something and keep
> its construction a secret.

It is quite regularly done, so this argument won't fly.
-- 
Dr. Horst H. von Brand                   User #22616 counter.li.org
Departamento de Informatica                    Fono: +56 32 2654431
Universidad Tecnica Federico Santa Maria             +56 32 2654239
Casilla 110-V, Valparaiso, Chile               Fax:  +56 32 2797513
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