[OFF TOPIC] Re: Linux kernel in breach of GPL ?

Paul Duncan (p_duncan@efn.org)
Tue, 3 Nov 1998 03:20:19 -0800 (PST)


I think one of the points the author (and esr) was trying to make is that
Microsoft's traditional means would be ineffective against OSS. I'm not
saying Microsoft won't attempt something this low, but it seems like
"extending" basic protocols in order to close them would be much more
effective (and devious).

.02 (but I agree with you.... Microsoft plays the legal game like noone
else... Unfortunately, they also play the illegal game like noone else.)

On Tue, 3 Nov 1998, Darren Reed wrote:

> I'm sure all of you are aware of the "Halloween Document", URLS:
>
> http://www.tuxedo.org/~esr/halloween.html
> http://www.news.com/News/Item/0,4,28215,00.html?st.ne.ni.lh
>
> Given the attention of Microsoft, I think it would be prudent if
> the Linux kernel was reviewed for compliance with the GPL. Having
> read some of the .c files in kernels as recent as 2.1.122, I am
> under the impression that not all of the source code in the
> distribution is in fact GPL'd and that which isn't would be in
> direct conflict of the GPL itself. If I was a legal eagle, I might
> have more idea about whether or not that's grounds for a case, and
> if so, who would be in a position to take such action.
>
> To give you an example, the first .c file I looked at was kernel/dma.c
> which has the following:
>
> /* $Id: dma.c,v 1.7 1994/12/28 03:35:33 root Exp root $
> * linux/kernel/dma.c: A DMA channel allocator. Inspired by linux/kernel/irq.c.
> *
> * Written by Hennus Bergman, 1992.
> *
> * 1994/12/26: Changes by Alex Nash to fix a minor bug in /proc/dma.
> * In the previous version the reported device could end up being wrong,
> * if a device requested a DMA channel that was already in use.
> * [It also happened to remove the sizeof(char *) == sizeof(int)
> * assumption introduced because of those /proc/dma patches. -- Hennus]
> */
>
> To me this implies that "Hennus Bergman" wrote that file and hence owns
> the copyright to it and that the file is not in fact placed under GPL.
>
> A quick count reveals 4000+ files in the linux kernel source tree, with
> around 1000 actually having the word "GNU" in them. Some 300 or so
> have the word "GPL" in them.
>
> Whilst this might be just a "nit", if I were part of Linux and with Linux
> coming under the spotlight more and more, I would think it prudent for all
> involved if any anonmalies were quickly resolved. I don't think comments
> such as the following are particularly "bright":
>
> * This code is heavily based on the code on the old ip_fw.c code; see below for
> * copyrights and attributions of the old code. This code is basically GPL.
>
> Reading later down in the file, it clearly contains a different license
> to the GPL which is in fact against the license - unless permission has
> been granted by the FSF for such to be allowed (in which case it would
> probably be prudent to mention that somewhere).
>
> To me, this indicates that all current, distributed, versions of Linux
> are in fact in contradiction to the GPL license.
>
> I don't mean to start a flame war, but if I was Microsoft and I was looking
> for a way to take Linux out of the picture, this might (somehow) provide
> them with the necessary first step. I don't want to see that any more than
> anyone else here. I think a new release of 2.0 and 2.1 needs to be made
> with at least the required corrections as suggested by the file "COPYING"
> in the root Linux kernel source code directory.
>
> Again, I'm not trying to pick a fight, _we_ all know what it meant to mean,
> but we're not lawyers and if they can get OJ freed, then perhaps they could
> argue Linux (as it is now) contradicts its own license. As for what that
> means, who knows ?
>
> Darren
>
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/*
Paul Duncan p_duncan@efn.org Indifference will be the downfall
http://www.efn.org/~p_duncan of humanity, but who cares? - fortune

"in short, all known bugs should be "I'm to blame; I wonder just who
fixed, but hey, what else is new?" made the rules up for this game."
- Linus Torvalds - nine inch nails
*/

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