Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id ; Thu, 28 Feb 2002 17:24:03 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id ; Thu, 28 Feb 2002 17:21:56 -0500 Received: from h24-83-222-158.vc.shawcable.net ([24.83.222.158]:2707 "EHLO me.bcgreen.com") by vger.kernel.org with ESMTP id ; Thu, 28 Feb 2002 17:18:11 -0500 Message-ID: <3C7EAC5A.1050108@bcgreen.com> Date: Thu, 28 Feb 2002 14:16:58 -0800 From: Stephen Samuel Organization: Just Another Radical User-Agent: Mozilla/5.0 (X11; U; Linux i686; en-US; rv:0.9.8+) Gecko/20020227 X-Accept-Language: en-us, en MIME-Version: 1.0 To: "Jeff V. Merkey" CC: "Jeffrey W. Baker" , linux-kernel@vger.kernel.org Subject: Re: Kernl module ethics. In-Reply-To: <1014920752.21006.17.camel@heat> <20020228115558.A5435@vger.timpanogas.org> Content-Type: text/plain; charset=us-ascii; format=flowed Content-Transfer-Encoding: 7bit Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org As I remember it (I haven't watched changes in the legislation), the UCTIA also had language to the effect that license terms that require the release of derivative software are not valid. In other words, this UCTIA language actually tries to rip the THROAT out of the GPL... reducing it to, at best, a BSD-like license. (IANAL) The theory of the GPL is that it's not actually a license. It gives permission for people to do things with the code that would, otherwise, be a breach of copyright unless such actions included making the source code available to anybody that got a binary copy of the package. Under that premise, a GPL violation would simply be a copyright violation case... " IF You don't make the source code available and copyable THEN You don't have the right to distribute copies of our code FI If this is accurate, it's possible that the GPL may actually dodge the bullet on the UCTIA language.... but - once again - IANAL. Jeff V. Merkey wrote: > On Thu, Feb 28, 2002 at 10:25:36AM -0800, Jeffrey W. Baker wrote: > >>On Thu, Feb 28, 2002, Jeff V. Merkey wrote: >> >>>There is a belief that the GPL can contaminate upward and >>>downward any driver or kernel module written that runs on Linux. >>>This statement, irregardless of what language is in the GPL, is >>>total bullsh_t, **EXCEPT** in those states who have adopted >>>UCITA. UCITA is an evil body of legislation approved by >>>representatives of various state legislatures that in essence >>>makes anything written into a software license (like the GPL) >>>enforceable and potentially criminal in those states who adopt >>>UCITA for any use of a particular software program. By way of >>Jeff, you are WAY off in left field. The GPL is fundamentally different >>from any other software license. The so-called license that comes with >>Windows seeks to limit the rights of the Windows buyer. It limits your >>right to fair use, criticism, and so forth. The GPL is different >>because it actually grants you rights you would not have other wise had: >>the right to redistribute the software product. > The GPL could be enforced under UCITA. Whether someone would succeed > or not is another matter, but a claim could be brought. The GPL is > a "contract" and it's not "fundamentally different" in any significant > way from any other software license. It defines how someone may use > software and what obligations they have. In fact, it's exactly the > type of contract UCITA addresses. disagree. -- Stephen Samuel +1(604)876-0426 samuel@bcgreen.com http://www.bcgreen.com/~samuel/ Powerful committed communication, reaching through fear, uncertainty and doubt to touch the jewel within each person and bring it to life. - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/