Message-ID: <47AB0101.2050204@davidnewall.com>
Date: Thu, 07 Feb 2008 23:30:49 +1030
From: David Newall <davidn@davidnewall.com>
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To: Alan Cox <alan@lxorguk.ukuu.org.uk>
CC: Diego Zuccato <diego@otello.alma.unibo.it>, Greg KH <greg@kroah.com>,
       Christer Weinigel <christer@weinigel.se>, linux-usb@vger.kernel.org,
       linux-kernel@vger.kernel.org
Subject: Re: [PATCH] USB: mark USB drivers as being GPL only
References: <20080125180232.GA4613@kroah.com>	<20080202123710.42df1aa0@weinigel.se>	<20080202191930.GA19826@kroah.com>	<47A5D895.20300@davidnewall.com>	<47A6E742.80408@otello.alma.unibo.it>	<courier.47A8F072.000079E4@hawking.rebel.net.au> <20080205232550.5d3d22ff@core>
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Alan Cox wrote:
>> "Of course", because in many parts of the world, a device who's manufacturer 
>> fails to take reasonable steps to prevent it from being used outside 
>> regulatory limits is illegal.  Providing source code not only is a failure 
>> to take those reasonable steps, but is quite the opposite.  It may even be 
>> viewed as encouraging users to use it inappropriately.
>>     
>
> To my knowledge there is no caselaw on this for software,

In Australia, devices require approval from a regulatory body.  Such
approval is withheld if appropriate safeguards are not applied.


>  nor is it
> clearly so simple - many vendors do provide source, many vendors provide
> windows drivers where any end user can click to specify their country and
> can lie trivially. Many users retrofit US firmware to non US devices and
> its trivial to do. Its a hard problem
Yes it is; but what is simple, is to understand that lack of such
safeguards, even though they are imperfect, does result in refusal to
approve.

> Some (particularly US) companies choose to take a conservative view based
>   
Also, particularly Australia and New Zealand.  I can't imagine France or
Germany would be different.  Where is it different?
> on their pessimistic reading of the intent of the US regulator plus the
> ability of the regulator to do a lot of damage to their business.
>
> The notion they are illegal is a real unknown and the market seems split
> on views of this.
>   

That is what I was saying: To require that only GPL-licenced USB drivers
may be used with Linux puts Linux at a disadvantage in the market.  The
embedded market is simply huge.  Microsoft would _love_ Linux to fail
there, because that's what's necessary for Wince to win.
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