Message-ID: <4580FC14.1080708@wolfmountaingroup.com>
Date: Thu, 14 Dec 2006 00:24:04 -0700
From: "Jeffrey V. Merkey" <jmerkey@wolfmountaingroup.com>
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To: Linus Torvalds <torvalds@osdl.org>
CC: Greg KH <gregkh@suse.de>, Jonathan Corbet <corbet@lwn.net>,
       Andrew Morton <akpm@osdl.org>, Martin Bligh <mbligh@mbligh.org>,
       "Michael K. Edwards" <medwards.linux@gmail.com>,
       linux-kernel@vger.kernel.org
Subject: Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches
 for 2.6.19]
References: <20061214003246.GA12162@suse.de> <22299.1166057009@lwn.net> <20061214005532.GA12790@suse.de> <Pine.LNX.4.64.0612131954530.5718@woody.osdl.org>
In-Reply-To: <Pine.LNX.4.64.0612131954530.5718@woody.osdl.org>
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Well said, and I agree with ALL of your statements contained in this 
post. About damn time this was addressed.

Jeff

Linus Torvalds wrote:

>On Wed, 13 Dec 2006, Greg KH wrote:
>  
>
>>Numerous kernel developers feel that loading non-GPL drivers into the
>>kernel violates the license of the kernel and their copyright.  Because
>>of this, a one year notice for everyone to address any non-GPL
>>compatible modules has been set.
>>    
>>
>
>Btw, I really think this is shortsighted.
>
>It will only result in _exactly_ the crap we were just trying to avoid, 
>namely stupid "shell game" drivers that don't actually help anything at 
>all, and move code into user space instead.
>
>What was the point again?
>
>Was the point to alienate people by showing how we're less about the 
>technology than about licenses?
>
>Was the point to show that we think we can extend our reach past derived 
>work boundaries by just saying so? 
>
>The silly thing is, the people who tend to push most for this are the 
>exact SAME people who say that the RIAA etc should not be able to tell 
>people what to do with the music copyrights that they own, and that the 
>DMCA is bad because it puts technical limits over the rights expressly 
>granted by copyright law.
>
>Doesn't anybody else see that as being hypocritical?
>
>So it's ok when we do it, but bad when other people do it? Somehow I'm not 
>surprised, but I still think it's sad how you guys are showing a marked 
>two-facedness about this.
>
>The fact is, the reason I don't think we should force the issue is very 
>simple: copyright law is simply _better_off_ when you honor the admittedly 
>gray issue of "derived work". It's gray. It's not black-and-white. But 
>being gray is _good_. Putting artificial black-and-white technical 
>counter-measures is actually bad. It's bad when the RIAA does it, it's bad 
>when anybody else does it.
>
>If a module arguably isn't a derived work, we simply shouldn't try to say 
>that its authors have to conform to our worldview.
>
>We should make decisions on TECHNICAL MERIT. And this one is clearly being 
>pushed on anything but.
>
>I happen to believe that there shouldn't be technical measures that keep 
>me from watching my DVD or listening to my music on whatever device I damn 
>well please. Fair use, man. But it should go the other way too: we should 
>not try to assert _our_ copyright rules on other peoples code that wasn't 
>derived from ours, or assert _our_ technical measures that keep people 
>from combining things their way.
>
>If people take our code, they'd better behave according to our rules. But 
>we shouldn't have to behave according to the RIAA rules just because we 
>_listen_ to their music. Similarly, nobody should be forced to behave 
>according to our rules just because they _use_ our system. 
>
>There's a big difference between "copy" and "use". It's exatcly the same 
>issue whether it's music or code. You can't re-distribute other peoples 
>music (becuase it's _their_ copyright), but they shouldn't put limits on 
>how you personally _use_ it (because it's _your_ life).
>
>Same goes for code. Copyright is about _distribution_, not about use. We 
>shouldn't limit how people use the code.
>
>Oh, well. I realize nobody is likely going to listen to me, and everybody 
>has their opinion set in stone. 
>
>That said, I'm going to suggest that you people talk to your COMPANY 
>LAWYERS on this, and I'm personally not going to merge that particular 
>code unless you can convince the people you work for to merge it first.
>
>In other words, you guys know my stance. I'll not fight the combined 
>opinion of other kernel developers, but I sure as hell won't be the first 
>to merge this, and I sure as hell won't have _my_ tree be the one that 
>causes this to happen.
>
>So go get it merged in the Ubuntu, (Open)SuSE and RHEL and Fedora trees 
>first. This is not something where we use my tree as a way to get it to 
>other trees. This is something where the push had better come from the 
>other direction.
>
>Because I think it's stupid. So use somebody else than me to push your 
>political agendas, please.
>
>		Linus
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