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

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Message-ID: <20070102050608.GQ19442@vasa.acc.umu.se>
Date:	Tue, 2 Jan 2007 06:06:08 +0100
From:	David Weinehall <tao@....umu.se>
To:	Valdis.Kletnieks@...edu
Cc:	Trent Waddington <trent.waddington@...il.com>,
	Bernd Petrovitsch <bernd@...mix.at>,
	Erik Mouw <erik@...ddisk-recovery.com>,
	Giuseppe Bilotta <bilotta78@...pop.com>,
	linux-kernel@...r.kernel.org
Subject: Re: Open letter to Linux kernel developers (was Re: Binary Drivers)

On Mon, Jan 01, 2007 at 11:04:49PM -0500, Valdis.Kletnieks@...edu wrote:
> On Sun, 31 Dec 2006 23:03:27 +1000, Trent Waddington said:
> > Why don't you release source?  To protect the intellectual property.
> > Well, duh!  That's why everyone holds back source.  So allow me to
> > translate..
> > 
> > Why don't you release source?  Because we don't believe in freedom, we
> > don't "get it" and we don't want you to have it.
> 
> There's believing in freedom, and there's wanting to be able to ship code
> without getting sued...
> 
> The binary blob in question is several megabytes in size.  Now, even
> totally *ignoring* who knowingly licensed/stole/whatever IP from who,
> that *still* leaves the problem of trying to write several megabytes of
> code that doesn't infringe on anybody's IP - particularly some of those
> vague submarine patents that should have been killed on "prior art" or
> "obviousness" grounds.

You know, not releasing source code doesn't  make "IP" violations
magically disappear, so if anything you should be more suspicious about
closed source drivers infringing others patents than anything.

> So tell me - how *do* you release that much code without worrying about IP
> issues?

If you have to worry about "IP", you're screwed no matter if you release
source or not.  The only problem is that it might be trickier for the
other party to prove.  The only case where a closed source driver makes
some kind of sense from an "IP" point of view is when you're trying to
protect your own code (or code you have licensed).

> Remember - somebody *can* "get it" but be unable to actually *deploy*.
> I *get* the whole global warming thing - but I'm not in a position to buy
> a hybrid car unless somebody else kicks in US$15K or $20K or so.

Well, you can always make a contribution by using public transportation
or switching to low energy light bulbs.  Every little thing counts =)


Regards: David
-- 
 /) David Weinehall <tao@....umu.se> /) Northern lights wander      (\
//  Maintainer of the v2.0 kernel   //  Dance across the winter sky //
\)  http://www.acc.umu.se/~tao/    (/   Full colour fire           (/
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