linux-kernel - Re: SPDX-License-Identifier

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Message-ID: <530B512D.8090308@monstr.eu>
Date:	Mon, 24 Feb 2014 15:03:25 +0100
From:	Michal Simek <monstr@...str.eu>
To:	Theodore Ts'o <tytso@....edu>,
	Greg Kroah-Hartman <gregkh@...uxfoundation.org>,
	Felipe Balbi <balbi@...com>,
	Subbaraya Sundeep Bhatta <subbaraya.sundeep.bhatta@...inx.com>,
	linux-usb@...r.kernel.org, linux-kernel@...r.kernel.org,
	Subbaraya Sundeep Bhatta <sbhatta@...inx.com>,
	devicetree@...r.kernel.org, Wolfgang Denk <wd@...x.de>
Subject: Re: SPDX-License-Identifier

On 02/24/2014 02:41 PM, Theodore Ts'o wrote:
> On Mon, Feb 24, 2014 at 11:12:53AM +0100, Michal Simek wrote:
>>> But of course, I'm not a lawyer, and if your company has is paying for
>>> the development of the driver, the Golden Rule applies (he who has the
>>> Gold, makes the Rules), and each of our respective corporate lawyers
>>> may have different opinions about what might happen if the question
>>> was ever to be adjudicated in court.
>>
>> Aren't all these points already answered by SPDX project?
>> I believe that they should know how this should be handled properly.
> 
> The SPDX can not give legal advice; not to you, and not to your
> company.  One lawyer might believe that 
> 
> /*
>  * SPDX-License-Identifier: GPL-2.0
>  */
> 
> Might be sufficient.  Others might believe you need to do:
> 
> /*
>  * Copyright Ty Coon, 2012.
>  * 
>  * SPDX-License-Identifier: GPL-2.0
>  */
> 
> Still others might believe you need at the very least:
> 
> /*
>  * Copyright Ty Coon, 2012.
>  * 
>  * All Rights Reserved.
>  *
>  * SPDX-License-Identifier: GPL-2.0
>  */

Aren't these differences already present in the header?

> 
> As far as I know, there is no case law on point about whether or not
> SPDX-License-Identifier has legal significance, or whether the court
> would consider that to be a valid copyright permission statement.  So
> any "answers" made by any lawyer would be guesses.  Of course, an
> guess by a lawyer which is retained by *you* or your company and fully
> informed with the unique parameters of your situation would constitute
> legal advice.  Anything else, including anything any of us could say
> on this mailing list, would be biovating.  :-)

I think make sense to wait for Wolfgang about his experience because
I believe he has considered it before u-boot change.

BTW: Isn't this a good topic for kernel-summit? :-)

Thanks,
Michal

-- 
Michal Simek, Ing. (M.Eng), OpenPGP -> KeyID: FE3D1F91
w: www.monstr.eu p: +42-0-721842854
Maintainer of Linux kernel - Microblaze cpu - http://www.monstr.eu/fdt/
Maintainer of Linux kernel - Xilinx Zynq ARM architecture
Microblaze U-BOOT custodian and responsible for u-boot arm zynq platform



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