Sun Finds & Exploits Hole in the GPL *Update*

chrisd writes "Sun is shipping binaries (no source code for you!) of some of Donald Beckers work, saying in their defense that "It says that anyone using its kit is responsible for ensuring that how it's used doesn't violate licenses, and that's not Sun's problem."" Update: 09/15 11:30 PM by CT :The article is somewhat confusing here: this is essentially a cross compiler, and Sun isn't distributing anything in violation of the GPL, and if they used their compiler to distribute binary drivers, that wouldn't violate the GPL either, assuming that they distributed the original driver source code as well.

Comments

You know...

[Millennium]

It would have been really helpful if the poster of this article had actually said what piece of software Sun was distributing. For those who haven't read the article, it seems to be a pieve of software that converts Linux driver binaries to Solaris/x86 ones (note that this only seems to work for drivers). The software itself is, I believe, proprietary (but does not use any GPL'd code itself).

This isn't a GPL breach, in letter or in spirit. The author of the article is correct: it is the responsibility of driver porters to ensure that their drivers don't violate licenses, not Sun's. In the case of GPL'd drivers, they do this by providing the sources, which they must do for the Linux drivers. Since the Sun toolkit seems to be little more than a recompiler (less than that, actually; more like a relinker) it hasn't actually modified the source any more than a compiler does.

Maybe I'm wrong about the software's nature; I'd appreciate corrections if that is the case. But it looks like a lot of people are blowing this out of proportion. Sun is not violating the GPL. It has created software which could, theoretically, be used as an aid in GPL violation, but isn't intended for that purpose (rather like Napster and DeCSS can be used in violating more restrictive, and some might say unethical, licenses but are not intended for that purpose).

I'll admit, this looks a bit fishy. But I support Napster and DeCSS; because of that I can't cry out against this driver converter without being a hypocrite.
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Re:Both Perens and Becker are wrong

[Bruce Perens]

Well, the reporter didn't write down everything I said. Sun must indeed ship source for the drivers. The point is that they may use GPL drivers on Solaris without distributing Solaris source. They can integrate the entire Linux TCP/IP stack if they want, which might be interesting in the case of IPV6. Stallman said he'd fix this in GPL version 3.

Thanks

Bruce

Bad journalism

[Mike Schiraldi]

Sun is ... saying "It says that anyone using its kit is responsible for ensuring that how it's used doesn't violate licenses, and that's not Sun's problem."

When i first read that, i didn't realize that the quote was from the author of the article -- i was shocked, thinking a Sun spokesperson said that.

CmdrTaco: You really should have edited that submission to make it more clear.
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The GPL should be able to handle this...

[prizog]

From the article: "Sun's controversial little kit takes open source Linux drivers and converts them into Solaris binaries. "

OK, here's the deal: The kit itself is just a piece of software - it no more "encourages" licens violations than GCC does. But any product of the kit was originally made from some code. Chances are, that code was under copyright and license. So, distributing the modified binary is distributing a derivative work - this is only allowed under the terms of the license the original code was under (in this case, the GPL). So, Sun must distribute the source to Becker's drivers if it distributes binaries of them (for any system).


-Dave Turner.

Analogy Error

[_Sprocket_]

This is the napster to kernel drivers, the Xerox machine to books. Remember, it's not Napster's problem that users violate copyright with the service. Nor is it Xerox's probolem that people photocopy copyrighted works on machines.

Napster doesn't come packages with a Metallica MP3 file to demonstrate how to distribute MP3s. Xerox machines don't include a photocopied Webster's dictionary so the purchaser can see how to duplicate a book.

Sure, if SUN was just providing the (what appears to be) compiler then there would be no issue. If they included the source code to the GPL code they ship as example binaries, there would be no issue. In that case it would be simular to Napster distrubuting an MP3 with permission of the artist or Xerox buying dictionaries to include with their photocopier.

It's a (cross) compiler!

[EyesOfNostradamus]

> Sun's controversial little kit takes open source Linux drivers and converts them into Solaris binaries.

To me this sounds like the definition of a compiler. Ok, so maybe it does a bunch of additional magic to convert the API's, but nothing to get our panties in a knot over.

Sure, an unscrupulous party could use this to "compile" an open source Linux driver into a Solaris binary, and "forget" to ship the source with it, but the same is true for any compiler. So what's the problem with this? If we attack Sun for this, we should also surrender to the MPAA, because admittedly DeCSS could be used for infringment.

> To his surprise, the kit used the Linux eepro100 and Tulip network drivers as examples. Becker wrote those drivers. Sun never asked his permission to convert them to Solaris binaries.

Again, what's the problem? That's just as if an application developer complainted that sb compiled his app for an Alpha, whereas he had developped it on an Intel. Nobody does the GPL say (or intend) that applications should only be run on the platform that they were developped for. If that was the case, we would be hypocrites for denying the MPAA the right to restrict their movies to the Windows platform (or to a given regions).

> Now Perens has ruled, or should one say opined, that Sun is perfectly within its legal rights -

... and I'd say, they're within their moral rights too.