Date: Sun, 31 Dec 2006 17:09:43 +0000
From: Alan <alan@lxorguk.ukuu.org.uk>
To: "Trent Waddington" <trent.waddington@gmail.com>
Cc: "Bernd Petrovitsch" <bernd@firmix.at>,
       "Erik Mouw" <erik@harddisk-recovery.com>, Valdis.Kletnieks@vt.edu,
       "Giuseppe Bilotta" <bilotta78@hotpop.com>, linux-kernel@vger.kernel.org
Subject: Re: Open letter to Linux kernel developers (was Re: Binary Drivers)
Message-ID: <20061231170943.4e539935@localhost.localdomain>
In-Reply-To: <3d57814d0612310503r282404afgd9b06ca57f44ab3c@mail.gmail.com>
References: <loom.20061215T220806-362@post.gmane.org>
	<200612162007.32110.marekw1977@yahoo.com.au>
	<4587097D.5070501@opensound.com>
	<13yc6wkb4m09f$.e9chic96695b.dlg@40tude.net>
	<200612211816.kBLIGFdf024664@turing-police.cc.vt.edu>
	<20061222115921.GT3073@harddisk-recovery.com>
	<1167568899.3318.39.camel@gimli.at.home>
	<3d57814d0612310503r282404afgd9b06ca57f44ab3c@mail.gmail.com>
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> Why don't you release source?  To protect the intellectual property.
> Well, duh!  That's why everyone holds back source.  So allow me to
> translate..

That IP story is for the most part not even credible. If they were worried
about "software IP" they would release hardware docs and let us get on
with writing drivers that may well not be as cool as theirs but would
work. If they had real IPR in their hardware then they would hold patents
on it and would be able to take action against (or license it) to anyone
else making hardware. That would apply even outside the USA where
software patents are generally not valid.

The only hardware IP they'd need to protect would appear to be anything
that revealed they used other people's IPR without permission or
licenses. Given the Nvidia/3Dfx affair I can see why they would be
worried about that given it cost them $70M and 1 million shares.

Alan
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