linux-kernel - Re: ASUS SplashTop and Phoenix Hyperspace infringing kernel copyright and GPL

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Date:	Thu, 5 Jun 2008 09:54:28 +0100
From:	Alan Cox <alan@...rguk.ukuu.org.uk>
To:	stan.cunningham@...oo.com
Cc:	Chris Snook <csnook@...hat.com>, linux-kernel@...r.kernel.org,
	legal@...asimha.gpl-violations.org, license-violation@....org
Subject: Re: ASUS SplashTop and Phoenix Hyperspace infringing kernel
 copyright and GPL

>distributing the binary to customers who buy motherboards and laptops. It is therefore ASUS' >obligation to provide the the "complete machine-readable" source code to those customers. I've

>ASUS _cannot_ hide behind section 3c by simply pointing customers to
>SplashTop/DeviceVM's website because neither ASUS nor DeviceVM are
>noncommercial, and in fact, they are _selling_ motherboards and laptops
>containing GPLv2 software. 

Thst isn't a simple question and rather depends upon the contractual
arrangements don't you think ? If I offer to supply it by CD your
software will be delivered by the postal service, from whom you did not
buy the product.

A company might have liability for the failure of its agents to perform
services but that is a different question

> Now I have a theory as to why ASUS/DeviceVM are posting patches instead of the full kernel: it makes it harder for copyright holders to find out that a driver or modification is missing from the patchset. ASUS can claim that the differences in behavior between a patched mainline kernel and the

Let me propose a different theory: ASUS thought a smaller 12MB download
would be more convenient and useful to their userbase.

> Finally, I'd like to bring your attention to an article (http://community.zdnet.co.uk/blog/0,1000000567,10008346o-2000331761b,00.htm) in which DeviceVM states that " the part of Splashtop that is embedded into BIOS and achieves the instant-on first screen is based on a proprietary RTOS that DeviceVM developed." This sounds less of a bootloader and more like a Virtual Machine because it apparently brings up Linux from a frozen state without booting it. In any case, I urge someone with the hardware and know-how to check if this "proprietary RTOS" uses any EXPORT_SYMBOL_GPL.

It's a mini virtual machine using the cpu extensions. It really shouldn't
need any deeply magical kernel patches except maybe interfaces to
virtualised drivers.

I really don't see a big problem providing ASUS are including the written
offer in the manual somewhere or have an agreement with devicevm to act
as their GPL fulfilment - and DeviceVM do so.

What we *really* need to happen is to get DeviceVM/Phoenix merging their
work into the base kernel tree nicely and cleanly.

Alan
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