linux-kernel - Re: scsi target, likely GPL violation

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Date:	Mon, 12 Nov 2012 09:41:49 +1100
From:	Julian Calaby <julian.calaby@...il.com>
To:	lrosen@...enlaw.com
Cc:	linux-kernel@...r.kernel.org, linux-scsi@...r.kernel.org,
	target-devel@...r.kernel.org, kcopenhaver@...ate.com,
	Richard Fontana <rfontana@...hat.com>,
	Marc Fleischmann <mwf@...ingtidesystems.com>,
	Nicholas Bellinger <nab@...ingtidesystems.com>,
	alan@...rguk.ukuu.org.uk, agrover@...hat.com,
	bkuhn@...onservancy.org, tytso@....edu
Subject: Re: scsi target, likely GPL violation

Hi Lawrence,

On Mon, Nov 12, 2012 at 9:13 AM, Lawrence Rosen <lrosen@...enlaw.com> wrote:
> Alan Cox wrote:
>> So either your work is truely not derivative of the kernel (which I find
>> wildly improbable) or you have a problem and since you are aware
>> of the complaints publically I guess probably a triple damages sized
>> problem. But that's one for your lawyers and whatever opinion they
>> have on the subject.
>
> Hi Alan and others,
>
> I've been advising Rising Tide Systems (RTS) in this matter. Please let me
> reassure you that RTS is acting on advice of counsel.

It's nice to hear from legal counsel on this matter.

I don't think that the *usage* of the kernel APIs is the biggest issue
here. There are many examples where proprietary code uses these APIs
and is not violating the GPL.

As I see it, one of the main concerns is because the proprietary and
in-kernel target systems are, from what I understand, quite similar,
there is the possibility that GPL licensed contributions to the
in-kernel target code may have "leaked" into to the proprietary code.
That said, proving this is a very difficult problem, but the question
must still be asked:

Can Rising Tide Systems assure us that there is no GPL licensed code
within their proprietary target code?

Thanks,

-- 
Julian Calaby

Email: julian.calaby@...il.com
Profile: http://www.google.com/profiles/julian.calaby/
.Plan: http://sites.google.com/site/juliancalaby/
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