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IP Theft in the Linux Kernel

Søren Schmidt was browsing through the 2.4.10 linux kernel source when he saw something that looked a bit familiar. Too familiar in fact. Søren is the principle developer of FreeBSD's ATA drivers, including FreeBSD's support for ATA RAID cards, and as he looked through the linux/drivers/ide/ files the sense of deja vu was overwhelming. Read on for more.

"They just took my code and filed off the copyright" said Søren. "This is clearest with the two header files hptraid.h and pdcraid.h. Compare these with FreeBSD's ata-raid.h, and just look at the similarities." And it's true that these two header files certainly look like a chopped up copy of the FreeBSD header, after a quick search-and-replace. "The reading of the RAID config from the disks is their own code, but is clearly "inspired" from our code," said Søren, "but that's encouraged by the license. It's the verbatim use of the other code without retaining the copyright that's the problem."

ata-raid.h, and the other files, are copyright Søren, and released under the three clause BSD license, which includes the restriction "Redistributions of source code must retain the above copyright notice". So using these files, or significant portions of them, in your own code, without retaining the copyright information, as has happened here, is prohibited.

You may be thinking "This is only a couple of header files, what's the big deal?". As Søren says "The problem here is that the structures in the headers is the whole story. That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort." Søren's intellectual property is tied up in those files.

Right now, Søren is in discussions with the authors of the Linux ATA drivers (employed by RedHat) to ensure that his copyright notice is returned to these and other files, and to ensure that this situation does not recur. And it is hoped that an amicable solution can be reached.

1,000 comments

  1. wow, this is a shame by JEDi_ERiAN · · Score: 3, Insightful

    this is crazy, linux developers need to give props where props is due.

    E.

    --

    -
    This Post has been brought to you by the letter "E".
    1. Re:wow, this is a shame by hokie93 · · Score: 3, Insightful

      Agreed. There are bound to be a lot of trolls on this discussion and some inflamatory rhetoric but it is pretty simple. For the most part, when you use the source code from any open source program, you are bound by the terms of the license agreement.

      By removing the advertising clause, the BSD license is compatable with the GPL but there are still obligations that must be met.

      --
      Don't read this sig cause it's not worth it.
    2. Re:wow, this is a shame by kilgore_47 · · Score: 1

      RedHat has been caught with their pants down and I expect they will make a full apology. This is a pretty clear cut case.

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    3. Re:wow, this is a shame by Anonymous Coward · · Score: 0, Offtopic

      I wish I understood how the hell this comment got moderated up at all, much less as "insightful".

      It's basically a fucking "me too" post a la USENET, 1994 -- "me, too" because this IS a Linux advocacy site.

      Is it on-topic? Does it add to the discussion? Hardly.

      My bet is this 8th grade karma-whore (who's his pimp?) either has a bunch of accounts and modded himself up, or has a buddy with mod points today.

      woof.

    4. Re:wow, this is a shame by Jucius+Maximus · · Score: 2, Interesting
      " this is crazy, linux developers need to give props where props is due."

      Or more generally, anyone who writes anything needs to give props where props is due.

    5. Re:wow, this is a shame by ryguy · · Score: 1

      This is an Open Source advocacy site not a linux advocacy site. Big difference. The slogan goes

      Get it str8.

    6. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      The nerve of the guy ... he admits reverse engineering it in the firs place.

    7. Re:wow, this is a shame by oV3Rd0n3 · · Score: 1

      I totally agree and I'm also interested in what the company replies back with either if they try to cover up or what. I agree with the fact that credit is due to the orignial author. Hopefully this will get resolved with out any ties getting screwed up.

    8. Re:wow, this is a shame by mmol_6453 · · Score: 3, Insightful

      Notice that he justified his "me too" stance.

      His point was, and I quote linux developers need to give props where props is due.

      And I too, agree. Why do we support the GPL being enforced, and then turn around dis a different open-source license? I'm ashamed.

      I'm not one of the people whose decisions caused this (indeed, I'm just a Senior in High School), but any action by any member of a community reflects on the other members of that cummunity. This also applies to the open-source community.

      In my opinion, this needs to be persued, to show that open-source developers stick to their guns when it comes to their licenses.

      --
      What's this Submit thingy do?
    9. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      Not really. There's alot of OpenBSD, FreeBSD, etc... stories on here. The Linux world is easier to write about, cause alot of the exciting things occuring often in the OSS community are Linux-related. I'm sure quite alot of BSD people are involved with Slashdot, and I don't think they go out dissing other BSD people and telling them to use Linux.

    10. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      Maybe what slashdot needs is another category,
      "note to moderators", to add to "funny",
      "offtopic", "informative", etc. and the posters
      themselves can recommend what their post be categorized as, to save moderators some hassle.

      Then have an option for the readers to filter out
      posts categorized as "funny" and "note to
      moderators" so they can read on-topic material.

      thanks.

    11. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      (sorry for not hitting "preview" and going back to edit.)

      Maybe what slashdot needs is another category,
      "note to moderators", to add to "funny",
      "offtopic", "informative", etc. and the posters
      themselves can recommend what their post be
      categorized as, to save moderators some hassle.

      Then have an option for the readers to filter out
      posts categorized as "funny" and "note to
      moderators" so they can read on-topic material
      only. After all, as a reader who is not a
      moderator, I don't really care about who thinks
      who is a "karma whore." Pretty irrelevant to me.

      thanks.

    12. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      Not according to the BSD license, right? Doesn't that license say you can do whatever you want with the code, even sell it for profit?

      Guess they shoulda GPL'd it, huh?

    13. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      Actually this is quite tough to decide. With the include files in Linux kernel each having less than 50 lines, with no line exactly the same as in
      the BSD sources (because of type definitions) and
      also rearranged, I'm not sure if this is breaking
      the BSD license. Of course it is good manners to
      give credit where due, and the credit should have
      been given, but it isn't breaking the BSD license
      necessarily - the code isn't that similar. The only thing that points at the origin are the comments /* 0x200 */ ...

    14. Re:wow, this is a shame by mvw · · Score: 2
      The open source process has been compared and advertized to apply many of the important principles of the scientific process.

      Well giving proper credit is one the basic things you have to do in research.

      Regards,
      Marc

    15. Re:wow, this is a shame by SRF · · Score: 1

      I'm confused. Can someone explain why you would copyright code used in an open source os? I see alot of people complaining that MS products are not open source. So why would a linux developer want to "own" code? Doesn't that go against the much used term open source?
      I understand that if I write a little program and someone uses it I would like some credit. But is this all the coder is looking for or does he want $ for the code?
      Bare with me i'm pretty new to linux.

    16. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      All code is copyrighted by default. The only code
      that is not copyrighted is code that is explicity
      set to public domain. Open source and Free
      software is allmost allways copyrighted. The
      copyright seldom give the copyright holder any
      money becouse the code is realised under a
      license, common licensies are BSD, X11, GPL, LGPL etc.

      Free software licensies give the user many
      freedoms, copy the code for, change the code,
      sell the code and so on.

      The bigest difference between free licensies is
      if the license is copylefted or not, BSD and X11
      is not copylefted, GPL and LGPL is. Copyleft
      is a copyright method of makeing al derived work
      come under the same license.

      see www.gnu.org/licenses/licenses.html
      or take a look at www.opensource.org

    17. Re:wow, this is a shame by SRF · · Score: 1

      Thank you i'll look at those links right now.

      Thanks

    18. Re:wow, this is a shame by Shanep · · Score: 1

      The BSD licence is different from the GPL enough that moral flame wars ensue from time to time. I'm glad we have the freedom as far as beer and speech goes, but I'm not a passionate advocate of one over the other. The GPL seems to bias 'freedom' towards end users (assuring code gets better for all) whereas the BSD licence seems to bias 'freedom' towards coders (protecting a coders IP if they wish it to be kept in the dark). As far I as know it, both allow both types of freedom (beer and speech), but the GPL demands that any GPL source code used or extended which is to be provided in binary form, must also provide the source to that program, extensions and all. Whereas, the BSD licence seems to allow the distribution of binaries without source code (extended or not), as long as credit is given for the authors of the original code used.

      I'm probably wrong about something here and will now cop an earfull!...

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
    19. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      Doesn't the GPL violate die BSD Licence? Isn't it necassary to remove the BSD code from the Linux Kernel or FreeBSD, to comply with the GPL? Or is FreeBSD GPLware now?

    20. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      "Open Source" is not necessarily the same as "Public Domain", in the sense that it doesn't necessarily allow anyone to do what ever they want with the code. E.G, as pointed out in a previous post, the GPL requires that any work derived from such code must also be GPL'd. And that source code must always be distributed together with the binaries.

      The BSD license is less restrictive, since it doesn't stop people from using the code for closed source derivate work. Some people say that this makes the GPL better than the BSD license, some people claim the opposite. There are also other Open Source licenses such as the Artistic License.

      By licensing your code under the GPL, you make sure that no-one can legally benefit from it without giving something back to you and others.

      - linus

    21. Re:wow, this is a shame by Anonymous Coward · · Score: 0

      IMHO, there are two popular reward systems for work that benefits other humans. They are called fame and fortune. Bill Gates has opted for the latter, and received more than he deserves of both. Open Source developers seek fame only (a.k.a. recognition) and can only get it if their authorship is respected by other users of their code. The laws of copyright provide a legal mechanism whereby you can place any conditions you choose as a condition for using your intellectual property. You copyright the code you create, only so that you can require further users and modifiers to give due recognition for your efforts. It's not a big reward, but there's no other way to stop e.g. Microsoft from lifting the lot and making it proprietary with a few trivial modifications. See the preamble to the GPL for a definitive description.

    22. Re:wow, this is a shame by funcan · · Score: 1

      You copyright code so that you (as an author) can decide under what terms it is distributed.

      This author picked the BSD license, which, ammong things, requires that verbatim copies of the code retain their copyright notices.

      If we (The open source community) decide that we can ignore that part of the license, then what is to stop eg Microsoft deciding they can ignore the bits about keeping source open (GPL)???

  2. And yet... by gmhowell · · Score: 4, Informative

    And yet, if it had been incorporated into WinXP, nobody would ever have been the wiser. Who would this guy be whining to then?

    Seriously, though, if someone used the code, it must be used under the correct license. Same as if someone uses the linux kernel. They gotta use the GPL.

    Again, copyright (and licensing) is a double-edged sword.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
    1. Re:And yet... by geomcbay · · Score: 5, Informative

      Microsoft has incorporated BSD code into Windows various times, each time giving proper credit and keeping copyright notices intact.

      Don't try to reflect this onto Microsoft. Clearly the Linux developers fucked up here.

    2. Re:And yet... by Spankophile · · Score: 3, Interesting

      There's only a few comments in here right now, but the sentiment seems to be:

      "I'm speechless. THis sort of thing shouldn't happen. Give the guy his due credit. Now let's move on."

      If it really *had* been done in Windows, and someone found out, I bet people here would be screaming for blood, waving the evil empire flag, and talking about how only an MS employee would do such a thing.

      Crow is good for you.

    3. Re:And yet... by gmhowell · · Score: 0, Troll
      Someone should moderate you as the troll you are.


      They should. But they haven't.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    4. Re:And yet... by brsett · · Score: 0, Troll

      And they won't. But you and I both know that you're not as smart as you wish you were, and for now that will have to be enough

    5. Re:And yet... by gmhowell · · Score: 1, Redundant
      And they won't. But you and I both know that you're not as smart as you wish you were, and for now that will have to be enough


      If that helps you sleep at night, no problem with me.

      At least I'm not feeding the trolls.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    6. Re:And yet... by stud9920 · · Score: 1
      how only an MS employee would do such a thing.

      You wouldn't have known in the first place as M$ products are closed source and "shared source" licensees are NDA'd.
    7. Re:And yet... by brsett · · Score: 1

      Are you certain? (yhb . . .

    8. Re:And yet... by gmhowell · · Score: 1, Redundant

      I may be. But at least I don't do myself the indignity of referring to them in that manner prior to mealtime.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    9. Re:And yet... by Anonymous Coward · · Score: 0

      agreed 100%, and the ironic part would be that if MS did this with the BSD code, it would be totally fine. but because of the Linux license, it is not ok to do it. And open source has all the advantages and freedom right! hah!

    10. Re:And yet... by Nail · · Score: 0, Insightful

      Not that it is material to this argument, but how the hell would you know?

      Even if you are/were an MS employee, am I to believe you have read all of the source code that is/was Windows and can authoritatively say that it is all properly attributed?

      Please!

      As you state, involving MS in this is LAME as it has nothing at all to do with them, but so is your defense of MS (especially since it doesn't apply). You probably should have submitted your second paragraph alone.

      --
      ...yellow number five, yellow number five, yellow number five...
    11. Re:And yet... by Anonymous Coward · · Score: 0

      He didn't say MS have given proper credit for *all* BSD code they have incorporated into Windows. What he did say is up there for all to see, and I won't repeat it.

    12. Re:And yet... by Quasar1999 · · Score: 1

      The real question is, how much of Microsoft's code is being 'copied' into the Linux kernel, and what would the community say if this was pointed out???

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
    13. Re:And yet... by DarkZero · · Score: 4, Insightful
      There's only a few comments in here right now, but the sentiment seems to be:

      "I'm speechless. THis sort of thing shouldn't happen. Give the guy his due credit. Now let's move on."

      If it really *had* been done in Windows, and someone found out, I bet people here would be screaming for blood, waving the evil empire flag, and talking about how only an MS employee would do such a thing.

      I think the main difference here is that we actually have confidence that this problem will be fixed, which is a confidence that we would not have if Microsoft had been the perpetrator. If Microsoft had done it, we'd be out for blood because we'd HAVE to be out for blood in order to get a result. We'd have to be screaming to the heavens to get any form of popular media possible to listen to us, in order to convince Microsoft to do the right thing. Conversely, we trust Linux developers, and we're confident that they'll do the right thing in the end, so we really have no reason to be out for blood.

    14. Re:And yet... by Anonymous Coward · · Score: 0

      Yeah, exactly. If some of these losers spent as much time coding as they did arguing the toss over licenses, maybe one day their code might be good enough to actually use...

    15. Re:And yet... by thewiz · · Score: 3, Redundant

      Hey!

      Paint not with a broad brush!

      This is clearly the fault of just one company: RedHat. Their programmers are the ones who "wrote" the code. The vast majority of Linux coders give credit where credit is due.

      --
      If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    16. Re:And yet... by notsoanonymouscoward · · Score: 1
      Conversely, we trust Linux developers


      see what your trust just got ya? Wake up.

      --
      I ate my sig.
    17. Re:And yet... by Anonymous Coward · · Score: 0

      No... the main difference is that Linux == Good, and MS == Bad. Are you new here?

    18. Re:And yet... by Anonymous Coward · · Score: 1, Interesting

      You are misinformed regarding WinNT source code unavailability. Microsoft has licensed WinNT source code to various companies and Universities. Even students who sign NDA's have access to the source while working on the licensed projects.

    19. Re:And yet... by NathanL · · Score: 1
      You can never satisfy a conspiracy theorist.


      I still think OSS stands for Openly Stealable Source. You inovate, someone else will profit; such is the fate of an honest engineer.

    20. Re:And yet... by Anonymous Coward · · Score: 0

      No, they haven't got to use the GPL. They have to follow the terms of the BSD license, where the code came from.

    21. Re:And yet... by kilgore_47 · · Score: 1

      Not that it is material to this argument, but how the hell would you know?

      Because as noted, microsoft has credited BSD before!

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    22. Re:And yet... by bero-rh · · Score: 3, Insightful

      Don't get me wrong, if they did copy the code and remove the copyright, that's a bad thing(tm).
      But Microsoft doing the same thing would be worse.
      Taking some open source code and releasing it as open source forgetting about the credits is not exactly the same as
      taking open source code proprietary and not even bothering to mention where it was taken from.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
    23. Re:And yet... by lupercalia · · Score: 5, Insightful

      This is clearly the fault of just one PROGRAMMER.

      Does your boss see all the code you write, and if s/he did would s/he recognize BSD ATA code? Mine sure wouldn't.

    24. Re:And yet... by syates21 · · Score: 2, Insightful

      Actually it is exactly the same.

      Both violate copyright in exactly the same way. You just happen to "like" one way better than another.

    25. Re:And yet... by Anonymous Coward · · Score: 0

      "Crediting" the source doesn't prove the negative the original poster made: He clearly said we know MS always credits use of BSD source(wich is what made his post relevent to this thread). That's a negative, it can't be proved that they never fail to credit unless you want to share with us all of the source code of all of the windows systems... (seems like a good idea...) Boyd425

    26. Re:And yet... by version3 · · Score: 1


      Um, I think you're missing the point a bit. Linux is free (even if RH does charge for box sets, it's still free). MS would be making money off of it. Ergo, they would be taking someone elses work and making a buck off of it. And considering how much they bitch about *that*...

      --
      "Can I say you're my lovepuppy?" Founding member of SODAMNHOTT
    27. Re:And yet... by RickHunter · · Score: 1

      No, A Linux developer fucked up here. What, Linus is supposed to know the code of all other variants of Unix off by heart or something? Since the code is (a) Open and (b) Accredited to the person responsible, it is possible to fix the error.

      How do you know that Microsoft kept the copyrights intact everywhere they used BSD code? Because they did in some places, they must have in all places? Doesn't work that way. Prove to me that they haven't included BSD code in places and filed off the copyright, and I'll believe you.

    28. Re:And yet... by j7953 · · Score: 3, Interesting
      From the BSD license:
      Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      I wonder where Microsoft (or anyone else distributing binary BSD-licensed software) does this. At least I didn't find it in Windows 2000's documentation (both online and offline). I have only the OEM version so my only manual is a quick start guide, but still the notice should be somewhere if Microsoft doesn't break the license.

      BTW, I think this is one of the worst clauses of the BSD license. I don't see how it makes sense to expect licensees to fill up the last pages of their user manuals with things like "This software contains software licensed to [Company] under the following license agreement: ..."

      Requiring a notice such as "Parts of this software copyright ..." would be ok, but requiring a reprint of the license agreement that allowed the use of that software is ridiculous. Or maybe I misinterprete the license?

      --
      Sig (appended to the end of comments I post, 54 chars)
    29. Re:And yet... by frknfrk · · Score: 2
      maybe you should repeat it. the original post (emphasis added):
      Microsoft has incorporated BSD code into Windows various times, each time giving proper credit and keeping copyright notices intact.

      sure sounds like *ALL* to me... but hey, AFAIK all the BSD code is used correctly in Windows.

      -sam
      --
      The REAL sam_at_caveman_dot_org is user ID 13833.
    30. Re:And yet... by marcovje · · Score: 1

      >When I used a Mac, they laughed because I had no >command prompt. When I used Linux, they laughed >because I had no GUI.

      Simple solution: install Netbsd on the mac.

    31. Re:And yet... by Cirvam · · Score: 1

      Ok step by step guide to proving that microsoft used BSD's code.
      1. Copy ftp.exe to a *nix computer
      2. strings ftp.exe | grep BSD
      3. Wow its got a BSD copyright in it..
      Therefore microsoft used BSD's code or else shouldn't it say copyright Microsoft?

    32. Re:And yet... by Anonymous Coward · · Score: 0

      What you miss is that Microsoft is not distributing "BSD licenced" software -- They are shipping Microsoft licenced software.

      Why? The BSD licence allows you to change the licence, which is exactly what MS (and Sun and Apple and IBM and ...) has done. Pretty much the only thing they are required to do is to keep the copyright notices intact

    33. Re:And yet... by Anonymous Coward · · Score: 0


      Alright, I've tried to find some documentation
      for your claim, and I've been unable to.

      Where has Microsoft ever credited BSD?

      Thanks for clearing up this misconception.

    34. Re:And yet... by HiThere · · Score: 2

      We can certainly hope than no MS code is copied into the Linux kernel. Wer such to exist, then we would have larger problems that a public argument.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    35. Re:And yet... by Anonymous Coward · · Score: 0

      If you don't have Unix or unix tools handy, you can also try
      find "copyright" /i %systemroot%\system32\ftp.exe

    36. Re:And yet... by Verteiron · · Score: 1

      Win2k SP2's ftp.exe has no mention of BSD in it. Only this:

      Copyright (c) 1983 The Regents of the University of California. All rights reserved.

      --
      End of lesson. You may press the button.
    37. Re:And yet... by Jabes · · Score: 5, Insightful
      I wonder where Microsoft (or anyone else distributing binary BSD-licensed software) does this. At least I didn't find it in Windows 2000's documentation (both online and offline). I have only the OEM version so my only manual is a quick start guide, but still the notice should be somewhere if Microsoft doesn't break the license.

      I don't know about Windows 2000, but I've got RTM Windows XP here. On the CD in the root directory is a README file. Here's some of it...

      Acknowledgements Portions of this product are based in part on the work of Mark H. Colburn and sponsored by the USENIX Association. Copyright © 1989 Mark H. Colburn. All rights reserved.

      This product includes software developed by the University of California, Berkeley and its contributors.

      Portions of this product are based in part on the work of the Regents of the University of California, Berkeley and its contributors. Because Microsoft has included the Regents of the University of California, Berkeley, software in this product, Microsoft is required to include the following text that accompanied such software:

      Copyright © 1985, 1988 Regents of the University of California. All rights reserved.

      Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the University of California, Berkeley. The name of the University may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      Portions of this product are based in part on the work of Greg Roelofs. Because Microsoft has included the Greg Roelofs software in this product, Microsoft is required to include the following text that accompanied such software:

      Copyright © 1998-1999 Greg Roelofs. All rights reserved.

      This software is provided "as is," without warranty of any kind, express or implied. In no event shall the author or contributors be held liable for any damages arising in any way from the use of this software.

      Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

      Redistributions of source code must retain the above copyright notice, disclaimer, and this list of conditions.

      Redistributions in binary form must reproduce the above copyright notice, disclaimer, and this list of conditions in the documentation and/or other materials provided with the distribution. All advertising materials mentioning features or use of this software must display the following acknowledgment:

      This product includes software developed by Greg Roelofs and contributors for the book, PNG: The Definitive Guide, published by O'Reilly and Associates.

      Portions of this software are based in part on the work of Hewlett-Packard Company. Because Microsoft has included the Hewlett-Packard Company software in this product, Microsoft is required to include the following text that accompanied such software:

      Copyright © 1994 Hewlett-Packard Company

      Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Hewlett-Packard Company makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

      Portions of this software are based in part on the work of the University of Southern California. Because Microsoft has included the University of Southern California software in this product, Microsoft is required to include the following text that accompanied such software:

      Copyright © 1996 by the University of Southern California. All rights reserved.

      Permission to use, copy, modify, and distribute this software and its documentation in source and binary forms for any purpose and without fee is hereby granted, provided that both the above copyright notice and this permission notice appear in all copies - and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed in part by the University of Southern California, Information Sciences Institute. The name of the University may not be used to endorse or promote products derived from this software without specific prior written permission.

      THE UNIVERSITY OF SOUTHERN CALIFORNIA makes no representations about the suitability of this software for any purpose. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

      Portions of this software are based in part on the work of Luigi Rizzo. Because Microsoft has included the Luigi Rizzo software in this product, Microsoft is required to include the following text that accompanied such software:

      © 1997-98 Luigi Rizzo (luigi@iet.unipi.it)

      Portions derived from code by Phil Karn (karn@ka9q.ampr.org), Robert Morelos-Zaragoza (robert@spectra.eng.hawaii.edu) and Hari Thirumoorthy (harit@spectra.eng.hawaii.edu), Aug 1995

      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      THIS SOFTWARE IS PROVIDED BY THE AUTHORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

      Portions of this software are based in part on the work of Massachusetts Institute of Technology. Because Microsoft has included the Massachusetts Institute of Technology software in this product, Microsoft is required to include the following text that accompanied such software:

      Copyright © 1989,1990 by the Massachusetts Institute of Technology. All Rights Reserved.

      WITHIN THAT CONSTRAINT, permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of M.I.T. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. M.I.T. makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

      Under U.S. law, this software may not be exported outside the US without license from the U.S. Commerce department.

      Portions of this software are based in part on the work of Regents of The University of Michigan. Because Microsoft has included the Regents of The University of Michigan software in this product, Microsoft is required to include the following text that accompanied such software:

      Copyright © 1995,1996 Regents of The University of Michigan. All Rights Reserved.

      Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of The University of Michigan not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. This software is supplied as is without expressed or implied warranties of any kind.

    38. Re:And yet... by WeaselGod · · Score: 1

      Okay, two things.
      1. The source code for XP is available through shared source, and contrary to to popular belief shared source has existed for a long time, just without the spiffy name. Devs could always get the source code for part of a MS product if they had Premier support or were in the acedmic field, now its just easier to get the source. What this means is that someone would be the wiser.

      2. Microsoft has already taken quite a bit from FreeBSD and have acknowledged doing so. Example: The TCP/IP stack in win2k was lifted directly out of FreeBSD and Microsoft acknowoledges this.

      Don't try to spin this as another way that linux is better then windows. Some Linux dev fucked up. Sure anyone can see source code and check in changes, but guess what, that isn't always a good thing.

      --
      - WeaselGod
      Eagles may soar, but weasels don't get sucked into jet turbines
    39. Re:And yet... by Spamuel · · Score: 1

      Prove to me that they have included BSD code in places and filed off the copyright, and I'll believe you. Works both ways you know.

    40. Re:And yet... by jrockway · · Score: 2, Interesting

      He asked you first ;) Seriously though, you're innocent until proven guilty. At least give M$ the benifet of the doubt.

      Moderators: I use linux so don't mod me down for being resonable regarding microsoft. I don't even own an x86 machine :P

      --
      My other car is first.
    41. Re:And yet... by bero-rh · · Score: 2

      No, I'm not forgetting them. I'm just saying you still need to make a difference.

      A similar example:

      Person A steals $100. He's broke and uses the money to buy food to prevent his family from starving.

      Person B steals $100. He already has $999,900 and simply steals the $100 to be a millionaire.

      They've both done the same thing, but I think most people will agree with me that what B did is worse than what A did.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
    42. Re:And yet... by Anonymous Coward · · Score: 0

      Just like xBSD's executables need to. Because they got it from Berkeley, just like Microsoft did.

    43. Re:And yet... by dragonfly_blue · · Score: 2
      *Ahem*


      $ strings /C:/FTP.EXE | grep Calif
      @(#) Copyright (c) 1983 The Regents of the University of California.


      I'll be the last one to defend them, but you ought to be careful spreading FUD in either direction. Ignorant flaming is never appropriate. Unless it's me doing the flaming. :-)

      --
      Free music from Jack Merlot.
    44. Re:And yet... by j7953 · · Score: 3, Informative

      Thanks for the info!

      I did a full text search for "Regensts of the University of California" in my winnt dir and subdirs, but found results only in .exe files. There's also no readme on my Windows partition root dir or on the install CD's root dir (there actually is one on the CD, but it doesn't contain the copyright notices). But I guess the file is somewhere, after all the license doesn't require the reproduction to be easy to find.

      In fact, I have to admit that it didn't occur to me as of now that you could satisfy the license with something as simple as a readme file. So this requirement isn't as bad as I thought (but it also doesn't make much more sense).

      --
      Sig (appended to the end of comments I post, 54 chars)
    45. Re:And yet... by Rykard · · Score: 0

      -----BEGIN PGP SIGNED MESSAGE-----
      Hash: SHA1

      No... I'd have to say it doesn't make a damn bit of difference to the poor bastard who is now out $100. Legally and ethically, there is no difference between thefts of equal value.
      Now, if Person A stole $100 from someone with $100 to their name, and Person B stole $100 from someone with $1,000,000 to their name, there is a difference.

      -----BEGIN PGP SIGNATURE-----
      Version: PGPfreeware 6.5.8 for non-commercial use

      iQA/AwUBO7D7NtjKLsLpHh7uEQLwcACdGfcgOeN9yiy+mEuwYY
      jvzOweN5IAmwZw
      tv4dG02loAZz/QWUbX4flyMw
      =uA67
      -----END PGP SIGNATURE-----

      --
      Rykard
      Breaking the Internet one standard at a time, since 1999
    46. Re:And yet... by Rykard · · Score: 0

      Actually... it's more like Openness (and this includes minds!) == good; Bigotry and Intolerance == bad
      Or haven't you watched the news lately?

      --
      Rykard
      Breaking the Internet one standard at a time, since 1999
    47. Re:And yet... by Anonymous Coward · · Score: 0

      Err, they require that the copyright notices remain in the source code. Sounds like, not only is it there in the comments, but object code generating lines are there as well.

    48. Re:And yet... by Anonymous Coward · · Score: 0

      > Microsoft has incorporated BSD code into Windows various times, each time giving proper credit...

      Not EACH time, MANY TIMES. Because MANY TIMES they did not. Which is why my backdoor is still in there, they don't check their code for shit. Fucking Theo found it and called me on it, but M$ didn't. Hard to find that one little bitflip.

    49. Re:And yet... by Anonymous Coward · · Score: 0

      Aaaaah, the joys of closed-source.

      More a legal defence than a security tactic, it's impossible to prove IP theft, and Microsoft knows it. They can't be caught, because if you catch them, that means you've hacked their code and violated the rules. Time for prison.

      And if Microsoft KNOWS they can get away with something, do you honestly think they won't try it?

      Even with their abysmal legal and ethical record?

    50. Re:And yet... by error0x100 · · Score: 1

      Yes, the community would be "out for blood" if this had been MS. But you hint that this is hypocrisy. Thats unfair. People would have good reason to be "out for blood" if it were MS, quite simply because Microsofts history over the past ten years has shown again and again and again that they have an extremely, um, "limited" concept of ethics. MS doesn't care if they lie and cheat and steal, they've shown this again and again. The Linux community does not have a history of ignoring ethics. Its not hypocrisy.

    51. Re:And yet... by n1tr0g3n · · Score: 0

      Come on. These are the header files for the interfaces. How does he know that they're his? It's like any other interface. The header files to use a Voodoo 3 card in one program are bound to be nearly identical to those in another.

      Besides, if he reverse engineered the interface, then shouldn't he be the one who's getting in trouble for distributing header files that resemble those of the manufacturer's?

    52. Re:And yet... by Anonymous Coward · · Score: 0

      silly, silly *nix users.

      you found the copyright notices in the .exe's for a reason:

      Help -> About...

    53. Re:And yet... by Anonymous Coward · · Score: 0

      The TCP/IP stack in win2k was lifted directly out of FreeBSD and Microsoft acknowoledges this

      I think what you meant to say was "The TCP/IP stack in NT 3.1 based loosely on code lifted from BSD Unix 4.3."

      (and look at the SMP performance #s between the W2K and the FBSD stacks. ha ha.)

    54. Re:And yet... by spectecjr · · Score: 1

      Put up or shut up -- what's the hack?

      --
      Coming soon - pyrogyra
    55. Re:And yet... by Anonymous Coward · · Score: 0

      RedHat contributes code to a lot of different projects -- GNOME, XFree86, gcc...don't be so quick to bash them.

    56. Re:And yet... by NathanL · · Score: 1
      Why should I stop reading slashdot when I learn exactly what NOT to do with my IP? Besides, it is sometimes amusing to read some of the anti-windows FUD people come up with. Reading Slashdot gives you this warm fuzzy feeling that you would only expect to get at a cross burning.


      Funny thing is that I actually like Linux and am impressed with the amount of software that is out there. Every bit of homework and project work for my CS degree was done using Linux. The thing I am not impressed with is the zealotry in which Linux is presented.

      It also sucks that as soon as someone finds out that their open source was stolen for profit, everyone starts screaming lawsuit. What did you expect? Fame AND fortune? Write open source, you might get fame, but most likely not fortune. Write for windows you don't get fame, but you might get fortune. OSS will become a victim of the megalomania of its community. The infighting has already started.

    57. Re:And yet... by Anonymous Coward · · Score: 0

      Interesting. I've never heard of anyone that considered usability or stability to be "larger problems"....

    58. Re:And yet... by jiheison · · Score: 1

      A Linux developer fucked up here.

      Linux, a community of one. Funny how all those watchful eyes that are supposed to guarantee the integrity of the code missed this conveneint piece of theft.

    59. Re:And yet... by jiheison · · Score: 1

      I think the main difference here is that we actually have confidence that this problem will be fixed

      Unfortunately, your confidence is based on an assumption that should have prevented this from occuring. If Linux developers are so diligent, how did this situation come about in the first place?

    60. Re:And yet... by jiheison · · Score: 1

      But what if both were software developers, but only Person A was a hypocrite?

    61. Re:And yet... by jiheison · · Score: 1

      And considering how much they bitch about *that*...

      If they comply with the licences attached to code they incorporate, they have every right to.

      Do you think it is okay to be dishonest and hypocritical as long as you are not profiting from it?

      Scratch that, I already have your answer.

    62. Re:And yet... by Zardus · · Score: 2, Funny

      I'm sure quite alot of OSS programmers have forgotten to give credit where its due. I'm not justifying copying Open Source code without giving credit, but its a fairly common mistake.

      (Or what if, after having a few beers, they wrote a complete copy of the BSD code, from scratch!)

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    63. Re:And yet... by Zardus · · Score: 1

      Even millions of watchful eyes can't peer into every corner.

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    64. Re:And yet... by digitalunity · · Score: 1

      You need a history lesson.

      Look up BSD, tell me where it came from.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    65. Re:And yet... by Zardus · · Score: 1

      Windows? Stable? I must be dreaming.

      The only instances that I (and this is very rarely) have Linux crash on me are when I'm killing X (and only on my P100 laptop w/ 16 megs of ram). Windows dies on me when I get up to take a dump (and on my 750mhz Athlon w/ 512 megs of ram). I am a great guy and all, but OS's really shouldn't freeze up just by having me leave them to tend to bodily needs. The floor doesn't shake or anything when I stand up, either.

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    66. Re:And yet... by Zardus · · Score: 1

      Imagine for a second that its 5am in the morning, you've been up all night coding, cutting crap out and pasting other crap in. Your hand with the mouse twitches (or you do :d5l instead of :d3l), and the copyright notice that you had put in there is accidently deleted. You're half asleep so you don't notice, never look at the code again untill the release.

      Everyone makes mistakes, the important thing is fixing them.

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    67. Re:And yet... by Anonymous Coward · · Score: 0

      They are not the same and you know it. In one situation it's being re-sold as proprietary work. In another case it's given away and someone isn't getting credit.

      Sheesh people, wake up.

    68. Re:And yet... by Zardus · · Score: 1

      My comment. (I really didn't feel like rewriting it.)

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    69. Re:And yet... by Anonymous Coward · · Score: 0

      You wouldn't have known in the first place as M$ products are closed source and "shared source" licensees are NDA'd.

      "Shared Source" aren't NDA'd..where the hell did you pull that idea from?

    70. Re:And yet... by Hermanetta · · Score: 1

      Mod this up. :-)
      Funny.

      Is my 20 seconds up, or do i have to keep typing like this...

    71. Re: And yet... by Inthewire · · Score: 2, Insightful

      Really? Hrm...seems to be a taint of the we find and fix all flaws in record time belief that Open Source advocates hold so dear...maybe there are things that can't be done by the community.
      Yes, I know record time isn't the same as instantly.

      --


      Writers imply. Readers infer.
    72. Re:And yet... by Anonymous Coward · · Score: 0

      But do you think its okay to be dishonest and hypocritical as long as you ARE profiting from it? Ask an MS executive that question.

      This has nothing to do with Linux, but we seemed to be going in this direction anyways.

    73. Re: And yet... by Zardus · · Score: 3, Insightful

      What you just reffered to deals with software, not source copying. However, if you wanna apply that to this:

      2 days ago Linux Kernel 2.4.10 was released. Already this problem has been caught and is being dealt with. I would say that that's pretty dang quick, wouldn't you? Imagine that a close-source company released some binary files that had code in it that they had "stolen". How long do you think it'd be before that problem was revealed? Definitely not 2 days.

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    74. Re:And yet... by Lunastorm · · Score: 1

      I have to agree that it's the same thing if both are done intentionally because the original creator is recieving no credit in both situations and it's plagiarism in both instances. I don't believe though that this was done on purpose because I don't see why they would actually steal someone else's work and try to claim it as theirs especially if they know they can be easily caught.

      --
      You die too easily.
    75. Re: And yet... by jiheison · · Score: 2

      Already this problem has been caught and is being dealt with.

      And I suppose that by "being dealt with" you mean a bunch of people trying to deflect blame onto M$. Does dealing with a situation mean mitigating guilt and trying to drag down a party that is totaly unrelated to the case?

    76. Re:And yet... by memyselfandmyhand · · Score: 0

      Actually the watchfull eyes did pick it up. Thats why your reading it on slashdot. just because the person who happened to notice it was a BSD developer didnt mean he's not counted.

    77. Re:And yet... by memyselfandmyhand · · Score: 0

      Go to a MS program, go to help menu, select about. Guess what, they put credits in there even if they are not requred to.

    78. Re:And yet... by jiheison · · Score: 1

      cutting crap out and pasting other crap in.

      I'll resist the urge to take this literally and say something uncivil.

      Everyone makes mistakes, the important thing is fixing them.

      This is true.

    79. Re:And yet... by jiheison · · Score: 1

      But do you think its okay to be dishonest and hypocritical as long as you ARE profiting from it? Ask an MS executive that question.

      No. Both are equally detestable, from a moral standpoint.

      This has nothing to do with Linux, but we seemed to be going in this direction anyways.

      As far as this story goes, it has everything to do with Linux and nothing to do with M$! It is the Linux people who dragged M$ into a case that had no relation to them so that they could try to deflect attention from their own shortcomings.

    80. Re:And yet... by jiheison · · Score: 1

      just because the person who happened to notice it was a BSD developer

      Maybe this kind of dishonesty and sloppiness is why he is a BSD developer instead of a Linux developer.

    81. Re:And yet... by njdj · · Score: 1

      ...any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the University of California, Berkeley.

      On the face of it, Microsoft is in violation of this clause of the Berkeley license, by putting the acknowledgement in a README file on the CD and not in the printed documentation.
      Of course, we all know that in practice, MS will get away with it because it can afford more and better lawyers than UCB.

    82. Re:And yet... by shani · · Score: 1

      Sorry, since the entire company gets the credit (and more importantly, the ownership and PROFIT), the entire company must take the blame.

      I blame Bill Gates for Microsoft's crappy code, because he's the richest man in the world due to it. Likewise, since our corporate structures are fundamentally feudal (pyramid with nobility at the top), the management of the company need to take responsibility for the actions of their employees.

      After all, that boss surely gets paid more than the one coder who screwed up. And the dozens that didn't.

    83. Re:And yet... by Anonymous Coward · · Score: 0

      your data set is seems to be too small to support such an accusation.

    84. Re:And yet... by Anonymous Coward · · Score: 0

      didn't he think of disguising it?

      ;)

    85. Re:And yet... by GreyPoopon · · Score: 1
      Even students who sign NDA's have access to the source while working on the licensed projects.


      And wouldn't signing a NDA prevent them from actually telling anybody if they found a (c) violation?

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    86. Re:And yet... by philg · · Score: 2, Funny

      No, no, no. Don't overgeneralize. This was clearly only HALF the programmer's fault -- the evil half. The good half was entirely unaware of the misappropriation, and worked to make good when he saw what was wrong.

      Damn slashdotters, always blaming individuals when, clearly, fractions of individuals are responsible.

      phil

    87. Re:And yet... by j7953 · · Score: 2
      you found the copyright notices in the .exe's for a reason:
      Help -> About...

      The .exe files were commandline tools. No Help - About there.

      --
      Sig (appended to the end of comments I post, 54 chars)
    88. Re:And yet... by version3 · · Score: 1

      Actually, my response was to the person who tried to make the point that we'd be all up in arms about MS and not about Linux. I totally agree that it's wrong in both cases and particularly despicable because the open source community should be above this. But on the other hand, I'd be REALLY pissed (and quite ready to sue) if I found out someone was making money off of my work. Especially given that all I asked them to do was put my name on it.

      But given MS's history of 1) bashing opensource with comments insinuating that free programmers aren't any good compared to people who are being paid to write code and 2) buying companies so they could claim some technology was their 'innovation', I think the community would have every right to be more pissed if they had been caught doing this. They have a documented history of trying to look like technology leaders through the work of others.

      --
      "Can I say you're my lovepuppy?" Founding member of SODAMNHOTT
    89. Re:And yet... by version3 · · Score: 1


      >If they comply with the licences attached to code >they incorporate, they have every right to.

      Of course they do. I'm talking about the case where they *don't* tell anyone or properly indicate licenses/ownership/etc. as the RH employee appears to have done. The BSD license allows MS to use it and they should if it gets them a better product in less time.

      >Scratch that, I already have your answer.
      Go use Google to look up a recipe for Humble Pie. You need it.

      --
      "Can I say you're my lovepuppy?" Founding member of SODAMNHOTT
    90. Re:And yet... by gmhowell · · Score: 2

      >Simple solution: install Netbsd on the mac.

      I'd love to, but...

      Mac II w/o PMMU
      Mac Classic (Original 8mHz version)
      Mac Performa 476 (LC040)
      Mac performa ... (Don't remember. One of the lame power pc things that doesn't run it)

      Why did I keep getting these damned road Apples?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    91. Re:And yet... by Nykon · · Score: 1

      The reason why everyone screams lawsuit is much of the code developed in the open source community is copyrighted for a reason. Copyright dosn;t mean the code can't be used, it just means the owner is protecting it from theft. As in the case of open source, you develop code, copyright it, then allow others to share the code as lnog as the copyright and credit notice are maintained. If not, then they are breaking the law, generaly when the law is broken and personal property infringed on, screaming lawsuit is a no brainer....

      --
      "It's better to be a pirate then join the Navy"
    92. Re:And yet... by marcovje · · Score: 1


      I also have a PPC Performa (a 5200, and soon a 6100), but mklinux is making progress there.

      The other ones are not usable anymore. I bought a 68030 (like IIci or LC III) for Euro 15.
      Additional stuff (SCSI disks >1 GB and 30 pins memory >1 MB) are quite expensive though)

    93. Re:And yet... by gmhowell · · Score: 1

      I might check mkLinux again soon in that case. I usually check that, ppclinux, netbsd, etc. about once every six months or so.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    94. Re: And yet... by Zardus · · Score: 1

      Not at all. I don't think Søren is sitting in his room cursing M$, and neither are the developer(s) that made the mistake. What the Slashdot community is doing is discussing, not fixing. There is a big difference between the people who are officially involved in remeding this and the people who just voice their opinions. We happen to be the latter.

      --
      You can mod your friends, you can mod your nose, but you can't mod your friend's nose.
    95. Re:And yet... by Anonymous Coward · · Score: 0

      splitting hairs arent we now ? the ms documentation is a very abbreviated quick start guide so it seems a pendatic point

      Could it be that you are merely upset that MS did the right thing and RedHat did not ?

    96. Re:And yet... by Anonymous Coward · · Score: 0

      The day I tell is the day it gets 'sploited, and then patched by Microsoft, and then it'll be useless to me.

      You think the cDc is cool, moving government satellites and shit with BO, or reading Janet Reno's email, imagine if they had a built-in gateway to 95% of the world's computers. heh heh heh.

    97. Re:And yet... by Anonymous Coward · · Score: 0

      AS I recall, they were discovered... then admitted to stealing open-source code...

    98. Re:And yet... by aicra · · Score: 0

      So I should pay Ben Franklin's descendants for the power that runs through the house?

  3. Licensing Problems? by Ted+V · · Score: 1, Flamebait

    I'm pretty sure BSD and Linux use different "copyleft" variants-- what impact will this have on the source code? Is Linux even allowed to use the BSD code without changing their License to match BSD's? I seem to remember the BSD license being slightly fascist...

    -Ted

    1. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      No, that's the GPL virus you're thinking of.

    2. Re:Licensing Problems? by nano-second · · Score: 3, Informative

      The license doesn't have to be the same one as long as they are compatible. gnu.org has this list of compatible licenses.. note that the modified BSD license is included as compatible.

      --
      I hope you're not pretending to be evil while secretly being good. That would be dishonest.
    3. Re:Licensing Problems? by Webmonger · · Score: 2

      BSD variants aren't even slightly facist. In fact, the Windows IP stack was based on the BSD IP stack, which is completely legal. The GPL and the modified BSD license are compatible.

      The original BSD License had an "obnoxious advertising clause" which required all advertisments to say the software was based on x. That's fine for one component, but with 50 components, you'd have more attributions than anything else in the ad.

      Hardly anyone uses the original BSD license anymore.

    4. Re:Licensing Problems? by NitsujTPU · · Score: 1

      The BSD license is much older than the "CopyLeft" as I recall. BSD is certainly an older project than Linux.

      Linux can use BSD code, all they have to do is say that they did, and put the author's name in there.

      Windows uses BSD's IP code.

    5. Re:Licensing Problems? by proxima · · Score: 4, Informative

      No, not really. At the end of my post is the BSD license template from opensource.org. Basically, you can use the code in any program you like, under any license you like, just so long as you and anyone who distributes the code includes a simple copyright statement. Some MS tools have been known to include this (especially from Windows NT), and I'm sure some other /.ers can point you to strange places that BSD copyright statements come up.

      Since the license is so short, might as well include it right here for people too lazy to click:

      Here is the license template:

      Copyright (c) ,
      All rights reserved.

      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

      Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      Neither the name of the nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

      --
      "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
    6. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      > the Windows IP stack was based on the BSD IP stack

      Why is it so awful then?

    7. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      >the Windows IP stack was based on the BSD IP stack

      Prove it.

      win9x line, or NT line?

    8. Re:Licensing Problems? by XO · · Score: 2, Informative

      I would just like to point out that virtually everything on earth either (a) uses or (b) has used BSD-derived TCP/IP code.

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    9. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      If it's a well known fact then you'll have no problem proving it.

      What's causing the delay?

    10. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      Really?? Where can I get a copy of code for a BigMac. This way I can see that it does use BSD derived TCP/IP code and find out what the secret sauce is.

      Wait this is /. most of you won't understand that's a joke ;)

    11. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      The Windows For Workgroups 3.11 stack, actually. The documentation said so.

      In other shocking news, rumor has it that the closed-source operating system "SunOS" is in fact entirely based on BSD -- right down to the TCP/IP stack. Bill Joy, the developer of the stack and icon to the open source community is said to be very miffed at this development.

    12. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      That's funny since Bill Joy (Satan the 3rd himself right after Bill Gates and that fag from Oracle) worked on SunOS and workst at SUN...

    13. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      Actually the License used by Linux is quite a bit more facist than the BSD one. The BSD one only requires that you maintain the Copyright notice, unlike the licence generally used by linux which requires that you opensource your stuff.

    14. Re:Licensing Problems? by ronmlgaw · · Score: 1

      Okay, your license covers inclusion, but doesn't the GPL explicitely prohibit the inclusion of non-GPL software? Please don't flame me, I'm really trying to understand here.

    15. Re:Licensing Problems? by Anonymous Coward · · Score: 1

      your a fascist you fuck-rocket!

    16. Re:Licensing Problems? by proxima · · Score: 2

      Not according to the Free Software Foundation, the people who write the GPL.

      See this page on their site. It lists the modified BSD license as being compatible with the GPL.

      --
      "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
    17. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      No.

      Linux uses a shit knock-off TCP/IP stack.

      Nobody knows why Linux has to have it's own unique stack, requiring workarounds in clients everywhere else on the 'net to work with it's quirks, as opposed to the rest of the world which uses the defacto standard code from BSD.

      Rumor has it Linus 'didn't like the BSD code' but the details are fuzzy.

    18. Re:Licensing Problems? by Anonymous Coward · · Score: 0

      Linux originally did use the BSD TCP/IP stack. It had to be replaced with a rewritten one since the BSD stack requires Posix compliance, something Linux still doesn't have.

    19. Re:Licensing Problems? by XO · · Score: 1

      NET2 used BSD derived code.
      I have never looked at NET3.

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
  4. Say it ain't so! by TTop · · Score: 0, Flamebait

    OMG, Free software stolen from other Free software!! Everybody get ready to write your representatives about this terrible problem!

    1. Re:Say it ain't so! by kingpin2k · · Score: 1

      No kidding. He's just lucky the DMCA doesn't apply to reverse engineering hardware specs...umm...right?

    2. Re:Say it ain't so! by Anonymous Coward · · Score: 0

      The DMCA doesn't apply to people who live
      in Europe.

    3. Re:Say it ain't so! by Anonymous Coward · · Score: 0

      "The Roman Empire will last forever!" said many people.

      sure it did....

    4. Re:Say it ain't so! by Anonymous Coward · · Score: 0

      Go on then, tell me what to do, and see if I do it.
      Oh, and in case you have played this game before, it has to be something I wasn't already going to do.

    5. Re:Say it ain't so! by Anonymous Coward · · Score: 0

      c'est même-pas vrai ! :PP

    6. Re:Say it ain't so! by Asmodai · · Score: 1

      Sorry, you are wrong.

      By European Union laws and agreements, if a company does _not_ provide you with the documentation you need in order to effectively use hardware, you have the fullest right to reverse engineer the hardware in order to make the fullest use of the hardware.

      I'm sure someone could even find you book, chapter and verse.

      --
      Jeroen Ruigrok/Asmodai
  5. MicroRedHat? by Valgar · · Score: 0, Flamebait
    My my Redhat is just acting more like microsoft every day....

    Makes me feel warm and fuzzy to see more and more people snatching code from FreeBSD though...It may not be in the limelight, but it must be good enough to inspire others to snag bits of it...

    Scuze me whilst I don my flame resistant gear...

  6. Er... by Legion303 · · Score: 4, Insightful
    Can someone explain to me *why* a developer would strip off copyright info? It's not like there are licensing fees; the guy just wants his code to be recognized and attributed. It doesn't make much sense to me...could it have been an honest mistake or a coincidence? (I'm not a programmer, so I haven't looked at the two files in question, which would mean nothing to me anyway.)

    -Legion

    1. Re:Er... by kaisyain · · Score: 0

      The linux kernel is GPLed. GPL and BSD can't mix.

    2. Re:Er... by cdraus · · Score: 4, Funny

      The programmer probably didn't know how to insert that funny looking o character in "Soren" using vi, so just left it out...

    3. Re:Er... by OmegaDan · · Score: 4, Funny

      It says a RedHat employe wrote the code ... the guy stole the code and probably played quake for 2 months. Thats why you strip off the copyright.

    4. Re:Er... by gmhowell · · Score: 2

      Someone elsewhere posited that as the programmers worked for RHAT, they wanted it to appear as though they had done more work than they really did.

      I would imagine that the licensing question might be more difficult. But, if Soren (sorry, don't know how to put in that 'o' character) has rights to all of the code, he could additionally license that to the linux kernel, provided his name appeared somewhere (comments in header, name in developer list. Something.) And by this, I don't mean that that is a written or agreed to thing. His inclusion should be a handshake type deal.

      Only problem is how pissed off is the original author of the code?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    5. Re:Er... by imp · · Score: 2
      The linux kernel is GPLed. GPL and BSD can't mix.
      This is false. The license clause in question is compatible with the GPL. Someone took it, filed off the copyright notice and failed to give proper credit. A very clear case of IP theft.

      And if the BSD and GPL can't mix in the kernel, that's no excuse to file off the copyright notice. If the GPL is so brain damaged as to forbid it, then Linux can't use it. That's not the way to fix the licensing problem.

      I've seen patches that correct the problems floating around, so this will be resolved shortly.

    6. Re:Er... by Anonymous Coward · · Score: 1, Funny

      Emacs could have handled that letter just fine!

      :)

    7. Re:Er... by smnolde · · Score: 2

      It's easier to beg for forgiveness than ask for permission (to play quake while copying open source code).

      Linux users hate Windows, FreeBSD user love UNIX.

    8. Re:Er... by JWhitlock · · Score: 5, Insightful
      Can someone explain to me *why* a developer would strip off copyright info? It's not like there are licensing fees; the guy just wants his code to be recognized and attributed. It doesn't make much sense to me...could it have been an honest mistake or a coincidence? (I'm not a programmer, so I haven't looked at the two files in question, which would mean nothing to me anyway.)

      I think it was more of a matter of lazy programming than evil intentions. The header files define structures, a few constants, etc. They encode a bit of knowledge, such as data formats and the meaning of that data, but some people wouldn't consider it code. More of an interface description. Of course, if it was a document describing an interface, then most people would automatically consider the copyright to hold...

      It's a bit like other forms of online "theft". Some folks think that if you download the html for a popular site, remove all the text and images, and use the layout on their own site, then it's not theft, because the copyrightable parts (images, text) were removed, and only the framework retained. But, like HTML framework, headers are the work of the programmer, and any desired copyright should be respected.

      Again, I'm in the "simple mistake, fix it, move on" camp, and would like to add that Red Hat and the rest should add a line to their policy about reusing "open source" code, to retain copyrights.

      If Microsoft did it, I'd expect them to do the same, but Microsoft would probably do it to force the issue, make the EFF take them to trial to define the limits of open source, the BSD liscence , and the GPL liscense. That's the difference - this will be taken care of by peers, while Microsoft conflicts almost always involve lawyers. It's the difference between getting rear-ended by an honest citizen (with or without the insurance companies getting involved), vs. an asshole celebrity who thinks the little people should take their licks and not annoy the "important people" with trivial matters like car bills and possible medical expenses.

    9. Re:Er... by Anonymous Coward · · Score: 0

      Alright - dammit! Where is that sig from? I'm *sure* I've seen that quote before...

    10. Re:Er... by Alien54 · · Score: 3, Insightful
      Can someone explain to me *why* a developer would strip off copyright info

      For it to make sense, you have to accept the idea that there may be people who seem to be part of your community, but are not, because they do not share your sense of ethics and fairplay.

      If you have a couple of newbie developers who want to show off their programming skilz and want to short cut the process of doing the work themselves. Then it is easy to cut'n'paste and hope you don't get caught.

      In this case, because of the conscious choice that has to be made when you select to do a cut'n'paste, you have to assume a conscious choice was made to omit the copyright data. You certainly would not want an unconscious choice being made.

      The response to this by the original author is very generous, he just needs his work properly credited.

      But honestly, all the other work of those developers is now under suspicion. It will have to be gone over to make sure they didn't do this someplace else. This is a real drag for RedHat, and the crew that has to go pick through the work. These guys also have to develop a sense of ethics and fairplay.

      Maybe they have a future at MS... [joke!]

      ;-)

      --
      "It is a greater offense to steal men's labor, than their clothes"
    11. Re:Er... by Thornae · · Score: 2
      ... Soren (sorry, don't know how to put in that 'o' character)


      Quick hint: use the source, Luke (Of the original /. page, that is) (ALT F3 in Opera):

      Søren

      Presto!

      --
      |>
      Here be Dragons
    12. Re:Er... by Anonymous Coward · · Score: 0

      Errr, that IS why I got sacked... Playing too much Quake.

    13. Re:Er... by pi_rules · · Score: 3, Funny

      He -might- have thought this was already documented by the manufacturer and semi-public-domain-ish knowledge. I would personally doubt it... but you never know. Could have been digging into tech documents on the cards and decided he'd just use the FreeBSD code to help him follow along, realized that it was exactly what he needed (changed the typedefs of some variables though)...and began coding some more.
      At any rate, even if they were this ignorant of their violation it's just a bad idea not to cite where you got the information from in your code.

      ie: /* I just threw numbers in here one night and started guessing. I think they work but I might be way off even, report bugs to blah@redhat.com. */

      --or--

      /* I ripped these structs from the FreeBSD driver written by Søren Schmidt... if it's broken blame him */

      -- or maybe --

      /* I'm going to pretend that these came to me magically in a dream one day. I figure RH's odds of finding a prophetic coder with visions such as these are pretty slim and guarantees me some serious job security. */

    14. Re:Er... by geekoid · · Score: 2

      I could be a mistake, I would like to think so, but as a developer, I have seen similiar stunts pulled for severall reasons:

      ego, deadline pressures, money.

      pretty much the same reasons anybody would try to take credit for someone else's work.

      I have actually had this done to me with closed source code.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    15. Re:Er... by Hooya · · Score: 1

      i bet it was emacs. not vi. who uses vi? ;)

    16. Re:Er... by TheCarp · · Score: 3, Insightful

      Perhaps they didn't strip it off... perhaps they just didn't opy it.

      You know how it is... your working on somthing, you stop to consider how your going to do this next peice... you seem some code that will drop in fine... then you see a little more...

      maybe they just never thought to go back and grab the copyright. Really... its such a little thing. The code works without it. Very easy to forget, especially when your involved in a real problem (like coding or debugging or just plain testing).

      "Never attribute to malice that which can be adequetly explained by stupidity". I think this can adequetly be explained by stupidity... its really a pretty simple oversight for a programmer (if not a lawyer)

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    17. Re:Er... by Anonymous Coward · · Score: 0

      yeah, i thought everyone uses vim.

    18. Re:Er... by Jage · · Score: 1

      Probably from one old Donald Duck story, where Uncle Scrooge was deceived into thinking fish is the new currency. Or maybe not. :)

    19. Re:Er... by ncc74656 · · Score: 2
      Quick hint: use the source, Luke (Of the original /. page, that is) (ALT F3 in Opera):

      Søren

      "Søren" would be more correct, as not everybody uses the same character set. Whatever browser and OS you're using, it should render correctly (or as close as possible). This should render correctly on any browser: Søren. (It also keeps you from having to do keyboard gymnastics (such as Alt-0248) to enter foreign-language characters.)

      http://www.w3.org/TR/html4/sgml/entities.html#h-24 .2.1

      --
      20 January 2017: the End of an Error.
    20. Re:Er... by jasoegaard · · Score: 3, Funny

      I just press ø.

      Oh. I have a danish keybord.

      --
      Jens Axel Søgaard

      --
      -- A Mathematician is a machine for turning coffee into theorems. - Paul Erdös
    21. Re:Er... by CharlesDonHall · · Score: 2, Funny
      The programmer probably didn't know how to insert that funny looking o character in "Soren" using vi, so just left it out...

      Another reason to use a GUI editor! You can just find the character on the web and paste it in. When I first started doing Perl development, I quickly ran into a problem...which I worked around by adding this comment to all my scripts:

      # My keyboard doesn't have a tilde, so I'm
      # putting one here to cut-and-paste: ~

      But after reading the article above, I'm wondering if that comment should have credited www.perl.com, which is where I found the original character...

    22. Re:Er... by OmegaDan · · Score: 2
      Actually its from a SNL skit ... Although the donald duck thing is a damn good guess :)

      In the SNL skit, the inhabitants of town are having a town meeting, EVERYONE is dressed in gold and jewels, wearing kings crowns, carrying scepters etc etc ...

      A man at the podeum adressess the crowd and says, "Ladies and gentlemen, I think we need to talk about the magic fish problem. As you all know, magic fish are getting harder and harder to come by these days, and the ones we do find, often aren't very good." Someone from the crowd chimes up "Yeah, and some of them have an attitude! Yesterday I was fishing and I caught a magic fish and I asked it for a golden rocketship that would take me to the moon... You know what that fish said? He started talking about weight ratios and how gold wasn't good for making rocketships... So I smashed his head in!" the man at the podeum chimes up, "I think we need to transition to a non-magic fish based economy." (and the skit continues ...)

      Basically the villages economy was based on magic fish (which grant wishes when caught). Its obscure but it seemed to me like latley magic fish = dot coms :)

    23. Re:Er... by Anonymous Coward · · Score: 0

      "Søren" would be more correct, as not everybody uses the same character set.

      This is completely tangental to the original thread, but ø should work on any browser. HTML 4.0 and XML both define the character set for that sort of thing to be Unicode. ISO-8859-1 is a subset of Unicode, so the ø will work on any compliant browser.

    24. Re:Er... by Ben+Hutchings · · Score: 2
      "Søren" would be more correct, as not everybody uses the same character set.

      The document character set for HTML 4 is the Universal Character Set, tthe character set defined by ISO 10646 and by Unicode. Any browser that does not treat those two entity references as meaning the same character in an HTML 4 document is broken.

    25. Re:Er... by raoulortega · · Score: 3, Interesting

      If Microsoft did it, I'd expect them to do the same, but Microsoft would probably do it to force the issue, make the EFF take them to trial to define the limits of open source, the BSD liscence , and the GPL liscense. That's the difference - this will be taken care of by peers, while Microsoft conflicts almost always involve lawyers.

      It may surprise you, but Microsoft has actually killed projects because some of the code was unintentionally tainted by the GPL license (like by the inclusion of GPL'd libraries). A major reason was to not give the Microsoft haters an excuse to sue, like they constantly threaten.

      As for "asshole celebrities"-- when you've got deep pockets, you are more likely to get sued for trivial reasons by "an honest citizen" looking for some quick bucks.

    26. Re:Er... by seann · · Score: 0

      ..
      can you explain to me
      why people who don't use GUI editors
      can't copy/paste?
      please?
      try to tell me?
      Why they can't copy and paste?
      please?

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    27. Re:Er... by mph · · Score: 1
      Another reason to use a GUI editor! You can just find the character on the web and paste it in.


      And why would this require a GUI editor? It works just fine with vi(1) in an xterm, and probably works just fine at the FreeBSD console with moused as well (or whatever the Linux equivalent is).

      On the other hand, that's what the "Compose" key is for anyway.
    28. Re:Er... by seann · · Score: 0

      so he copyed the header file

      and wrote the .c file. (linux)
      which was inspired from the other .c file (freebsd)

      Now
      he didn't bother to rewrite the header file because:
      a:) It'd confuse him, so he kept the same consistancy
      b:) It's a header file, how many ways can you stuct a header file differntly

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    29. Re:Er... by hawk · · Score: 3, Funny
      > i bet it was emacs. not vi. who uses vi? ;)


      real men, of course.


      to even *think* that an emacs user could write such code . . . oh, wait a minute, he didn't write it, making emacs more likely :)


      hawk, who doesn't endanger his immortal soul with the heretical emacs

    30. Re:Er... by hawk · · Score: 1, Redundant
      >I think it was more of a matter of lazy programming than evil intentions.


      Now compare this to the typical reaction when it's suspected that GPL code has been used . . .


      When GPL code is misappropriated, the lynch mobs form. When GPL code misapprorpriates other code, it seems to be a different story . . .


      hawk

    31. Re:Er... by darkonc · · Score: 2
      A more serious possibility:

      It may have been a case of second-order theft. Someone may have found the needed piece of code, and cut-and-pasted it into an email to his friend/co-worker... Not thinking much of the copyright, just happy to find the code. (possibly expecting it to simply be used as an example).

      His friend -- who was doing the Linux driver would happily paste the headers (much cleaner and complete than his) and keep on working -- not thinking to ask where the code came from or what the copyright issues are.

      I would rather expect that it is probably an error of an oversight nature, rather than malicious stealing of free code. Stealing free code in a free source environment jst doesn't make sense. It's an open source venue, for crying out loud. Someone was bound to notice, sooner or later.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    32. Re:Er... by rgmoore · · Score: 1

      But the intentions are different. The BSD license exists in large part to facilitate the distribution of the code in as wide a form as possible. In that sense, taking the code and incorporating it into the Linux kernel is in keeping with the intent of the original license. The only thing wrong (and it is a significant wrong; one who depends on a license to protect his own work has a moral obligation to respect the licenses that others use to protect theirs) is that the copyright notice was removed. The GPL, OTOH, is intended specifically to keep GPLed software from being lifted into proprietary products. That means that doing so is a violation of not just the letter but also the spirit of the license.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    33. Re:Er... by Anonymous Coward · · Score: 0

      I understand what you mean by 'work of the programmer' however, the boundaries of that are currently gobbling up much more 'work' than disserves to be counted. So someone copyrighted some pretty fundamental driver aspects in BSD. Did the RH developer go through the same hard work to come up with them or no? We can speculate, but the point is, that information was fundamental to a working driver. Sören himself says he came up with that code by reverse-engineering methods, meaning someone else had already created similar code before he came along, and why was he viewing Red Hat's code, except to use someone else's ideas to perhaps better his own? Sounds like an intellectual ownership ideology conflict to me.

      As for the "HTML as property" argument, let's keep an eye on the big picture here. HTML is a markup language, with the only purpose of providing structure. That's all it's for. Saying your combonation of those tags is copyrightable because it creates a distinct structure is forgetting the whole nature of the language. It's all pre-defined. CSS makes this "structure" argument even more ridiculous because, although some structures written in HTML can get quite ornate, CSS can make those same structures with a simple header script using still more pre-defined variables. There's a woman in the midwest who has copyrighted as many short phrases as the copyright office will allow her to get away with (think thousands). She has sued many times for the useage of old addages and new slang. I think "Life stinks" is among her treasures. This is a "Life stinks" kind of claim. Trust me, I've had large quantities of my personal intellectual property stolen in very obvious ways. There's a distinct difference between using pre-defined scripting or language, and "stealing" someone else's great work.

    34. Re:Er... by arantius · · Score: 1

      Am I the only one that thinks anything but 0 Quake playing at work is too much?

      --
      Health is simply dying at the slowest rate possible.
    35. Re:Er... by Nexx · · Score: 1

      On the other hand, that's what the "Compose" key is for anyway.

      I parsed that as "that's what the 'Compost' key is for anyway", and immediately thought, "Compost key? Don't you mean that silly Windows key?". *sigh*. Must go home and have some coffee or something.

    36. Re:Er... by dragons_flight · · Score: 2

      maybe they just never thought to go back and grab the copyright. Really... its such a little thing. The code works without it. Very easy to forget, especially when your involved in a real problem (like coding or debugging or just plain testing).

      Well that suggests an interesting solution, you could insist your copyright be retained with a particular filename in the same directory as any executable using your code, and then write your code to check for the copyright before it runs. Anal and unfriendly certainly, but at least people would have to stop and think about the copyright.

    37. Re:Er... by James+Skarzinskas · · Score: 0

      Unfortunately, I knew this had to happen. I use vim, and the second I even venture as far as to type 'emacs' in some line apart from this, then chances are pretty good that hell has frozen over, and helicopters are being pelted by multitudes of airbourne pigs.

    38. Re:Er... by sigwinch · · Score: 2
      The document character set for HTML 4 is the Universal Character Set, ...
      What about the HTML 3.2 that /. seems to use? ;-)
      --

      --
      Kuro5hin.org: where the good times never end. ;-)

    39. Re:Er... by maxpublic · · Score: 1

      I used to write Perl programs for web sites. During that time I freely posted my programs to various Perl sites for others to use, hack, or modify.

      Some time after I started doing this I learned that a chap who works for a large, nameless company had been stealing my work and misrepresenting it as his own. Why when he had my permission to use it anyway? Because apparently he wasn't as good as he thought he was and was trying to convince management that he could actually code by submitting my work as his own.

      LACK OF ABILITY was this guy's reason for taking code and removing the header containing my copyright. Perhaps the same bug bit some Redhatter in the ass at crunch time.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    40. Re:Er... by DahGhostfacedFiddlah · · Score: 1

      Thanks a lot - that's been bothering me for a while - good skit too :-)

    41. Re:Er... by tcc · · Score: 2

      Søren... Søren.... man you guys with your 1000 char sets are driving me nuts! S73^#@*%@*# you! :)

      --
      --- Metamoderating abusive downgraders since my 300th post.
    42. Re:Er... by Anonymous Coward · · Score: 0

      Well, if we were to get all conspiracy theorist like we would if this were MS we were talking about, a hardline GPL advocate might not want you to know that the code is available without all the GPL restrictions by telling you where they got it from.

    43. Re:Er... by masq · · Score: 1

      It DOES surprise me. Which projects, and where did you get your info?

    44. Re:Er... by efgbr · · Score: 1

      Because the license used by Søren Schmidt isn't compatible with the GNU GPL, I suppose.

    45. Re:Er... by error0x100 · · Score: 2, Insightful

      I think you're being rather unfair, jumping to conclusions with no evidence whatsoever that this was deliberate.

      This could easily be a mistake. As a programmer myself, I can imagine I might easily make a mistake like that; when you're coding, you tend to concentrate and focus on the *code*, on the technical problem itself and its solution, and getting the stuff to work. I don't think about stuff like the copyright info etc when I program - its not part of the problem I'm focusing on, its not "real stuff", its almost like some "unnecessary administrative fluff" that has nothing to do with the actual task at hand, its an overhead. I often forget in my own code to put the copyright notices in, and none of the other programmers at work ever remember to put the works copyright notice in at all - I usually run round adding that to all the source code files afterwards, in one go near the end of a project. Programmers aren't by default thinking about "administrative overhead" stuff like software licenses, they're thinking about the problem, about structs/classes/functions/algorithms etc. Heck, many programmers don't even think much about putting human-readable comments in the code. So it seems to me far more likely that this person opened the original file and cut-n-paste the *struct*, possibly without even reading the "administrative fluff" (programmers usually being in a hurry to get something working). I doubt they copied the file and physically removed the copyright notice. Its much more likely it was the other way round, that the copyright notice never even got there because only the struct was copied over. Perhaps the guy intended to put the copyright notice back but forgot by getting distracted by the task of getting things to work.

      Programmers very often work under unreasonably tight deadlines too, compounding the problem. Many programmers I know code "in a hurry".

      Yes, programmers should learn that they need to think about intellectual property issues. But almost no programmers *by default* gives consideration to IP issues, that needs to be taught, and the majority of computer courses I know of either don't treat the issue at all, or have a very tiny "token" course on IP issues.

      I doubt this wasn't an honest mistake, given the information I have I would give the guy the benefit of the doubt in this. I think its unfair to make public accusations on /. as if they were fact. Neither you nor I know for sure; it just seems the most *likely* to me that this was not foulplay but ignorance/carelessness. You act as if you *know* thats what happened!?! Not only is it pure conjecture, but you then go so far as to extend that conjecture to apply to ALL related developers, which is quite ridiculous. Guilt by association. Be fair; apply the "innocent until proven guilty" reasoning. Peoples lives can be ruined by someone making false public accusations that never get proven (usually paedophile-related issues, but the same principle applies in general), so just hope that should you ever fall into a situation where you've made a mistake and it doesn't make you look good that nobody like you is around publicly claiming you're guilty.

    46. Re:Er... by error0x100 · · Score: 1

      Can someone explain to me *why* a developer would strip off copyright info

      Do we really know that the programmer explicitly *stripped off* the copyright info? Somehow, I doubt it. It seems more likely to me that the programmer opened up the original file and selected and copied *only the structs* etc into his own files, and that the copyright notice was probably never copied over to begin with. The programmer then either didn't even read the copyright info, or read it but later forgot about it when he delved back into the problem of trying to get the code to work.

      We can't claim the copyright info was explicitly stripped off, we don't know that. Based on my own experiences as a programmer, more often than not you *only* copy the portion that you *need* (e.g. the struct), so it seems more likely to me that the copyright info never got copied and quite likely wasn't even noticed.

    47. Re:Er... by error0x100 · · Score: 1

      Hmm .. I don't know about that. Programming is generally not a field you can bluff your way in, especially not with languages like C/C++, and with doing things like integrating RAID drivers into an OS kernel. I can see that you might fool management, but you can't fool your peers. Maybe for two or three weeks, but pretty quickly the other programmers will see through the bluff.

    48. Re:Er... by ncc74656 · · Score: 2
      "Søren" would be more correct, as not everybody uses the same character set.
      The document character set for HTML 4 is the Universal Character Set, the character set defined by ISO 10646 and by Unicode.
      The document character set for a particular page, HTML 4 or otherwise, is whatever is set by the page's creator in the Content-Type meta tag. For my personal site, for instance, the document character set is US ASCII...and it validates as HTML 4.01 Strict with this selection. There might be a default setting...the charset parameter is optional. While the default character set for HTML 4.x might be UCS, the default character set for HTTP is ISO-8859-1. This would indicate that you should include a charset parameter in the Content-Type meta tag, in which case neither of the defaults (for HTML or HTTP) will come into play.

      (FWIW, /. doesn't specify a character set. They're using HTML 3.2, which would appear to default to ISO-8859-1. I've seen Japanese characters show up in some people's sigs, though...or was that K5? They're using HTML 4.0 Transitional...)

      --
      20 January 2017: the End of an Error.
    49. Re:Er... by Ben+Hutchings · · Score: 2

      Then the document character set is ISO 8859-1, and there is the same equivalence.

    50. Re:Er... by Anonymous Coward · · Score: 0

      That was a great comment. Until the last paragraph where you just had to find a way to flame MS even in a story where they are not involved.

      Get over yourself! Who on earth takes a header file with a copyright and only manages to copy the code?

      Did they NOT see the copyright? (It's right at the top staring at you). No, this could only be a case of either:
      1) Stealing code on purpose
      2) Not reading the copyright and assuming it's just some comments from the author

      It is not possible for a person to have read the copyright and decided not to copy it. Lazy doesn't cut it. Copy 100 lines, too tired to copy 1 more?

    51. Re:Er... by Kalrand · · Score: 2

      Real men use ed.

    52. Re:Er... by Ben+Hutchings · · Score: 2
      The document character set for a particular page, HTML 4 or otherwise, is whatever is set by the page's creator in the Content-Type meta tag.

      That's the character encoding, not the document character set. Numeric character references always refer to code positions in the document character set.

      This would indicate that you should include a charset parameter in the Content-Type meta tag, in which case neither of the defaults (for HTML or HTTP) will come into play.

      <meta http-equiv=> tags are a disgusting kluge. You should use the real HTTP header if at all possible.

    53. Re:Er... by AbsoluteRelativity · · Score: 1

      The problem is copyrights cover more then just giving credit for work, and so I think the reason people don't give credit is the fear of liability that comes with it. (I think this case may be just that)

      For example if I use parts of someone elses source code and give them credit. The author I give credit to for those parts may in turn make demands about the copyright license I use. Worst case scenero they may demand I use a particular license (like BSD) for all the source code or not use their source code at all. Another one is they may require me to seperate the pieces of their code and put it under their license, there by preventing any benefits/performance or other of integration of code (imagine if everyone made such demands and each had their own license, we would see the open source world as seperated as the world is today).

      So anyway my point is, copyrights cause a lot of trouble, they reduce the chance someone is going to get credit for something (that can be obfiscated or altered so easily) due to fear of the liability that comes with it, there by aiding and influencing in the destruction of history of ideas and source. Same with reverse engineering in some cases, where reverse engineering is prevented, in which case someone who gets something from reverse engineering will not likely give credit to it, because of the chance they could get in trouble.

      If copyright was merely forcing people to give credit for work they have done, there would not be a problem.

      All work originates from nature, things are not created in a vacuum, they are created from other things from nature and from other peoples works (which comes from nature or other peoples work). Its nice to have a history of where something came from and of the interest of the individual to have claim they did something, but we should not forget that everything comes from something else and our minds simply filter and alter things from their origin in order to create something new and/or useful (like clay). These things should not be forgotten for the sake of the individual, but should be remembered for the sake of every individual.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    54. Re:Er... by Anonymous Coward · · Score: 0

      Real men use

      cat > filename.txt

      and ignore all the typos.

      ;)

    55. Re:Er... by gnurd · · Score: 1

      real real men use a combo of cat,less and more with a little grep thrown in for speed.

      --
      "i was saying gnu-rd"
    56. Re:Er... by reverius · · Score: 2

      Real real men use tiny robotic-arm controlled magnets to change each inode of their hard drives manually. No "software" like you wimps. :)

    57. Re:Er... by Anonymous Coward · · Score: 0

      Wonder if it was Windows for Pen Computing.

    58. Re:Er... by hawk · · Score: 2
      > Real men use ed.


      well, yes, but sometimes we get lazy :)


      hawk, who actually has used ed a couple of times in the last few weeks

    59. Re:Er... by BasharTeg · · Score: 1

      You know, senseless Microsoft bashing is bad enough, but to sit there and say "if Microsoft did is, I'd expect them to take it to court", and such and such bullshit. The point is, Microsoft DID NOT do it. They've done the exact same thing for years and KEPT the copyright notice. With the LONG track record they have of honoring the BSD licence, how can you sit there and babble on about some scenario in which they violate it and have to be taken to court, as though that's some kind of excuse for the Linux community's hot-and-cold attitude towards other people screwing up. BSD people screw up, Linux people are righteous. Microsoft people screw up, Linux people are fighting the holy jihad. Linux people screw up, the Linux community is either quiet as a mouse, playing down the problem as though it means nothing, or they try to somehow compare the situation to something to do with Microsoft, because somehow as long as Microsoft is worse, Linux's sins are forgiven. If this was a GPL violation committed by someone in the BSD community, Linux people would be sending death threats. The hypocrisy demonstrated by the Linux community almost weekly when it comes time to point out someone's faults, is laughable. They accuse other peoples' licences of not being "free enough" when the BSD licence is "more free". They accuse OS A or B of being slow, when there are many OSes faster than Linux. And to beat all hell, as a last resort, when all the cards are on the table, and some other OS like BSD comes out above Linux their fall-back saving-throw is "Linux is way better than Microsoft". I for one am tired of the hypocritical spin and FUD that comes from the Linux community, while at the same time they accuse others of the same bullshit. If you make a mistake, fix it, and take the blame like a professional. Instead you act like a little kid trying to claim he didn't break the glass, or trying to excuse the glass being broken because the kid down the street has done worse.

      This is not flamebait, I'm just telling it like it is. With all the BSD is dying bullshit we have to put up with, I think we can mod this up a few points and get the truth out there. I'm not posting this anonymously because I am not trolling.

    60. Re:Er... by cburley · · Score: 1
      I could be a mistake, I would like to think so

      That's between you and your mom.

      --
      Practice random senselessness and act kind of beautiful.
    61. Re:Er... by maxpublic · · Score: 1

      I do know about it since it happened to me. And I've seen more than one company hire some half-assed idiot to 'program' because, it turns out, just about everyone else was also a half-assed idiot.

      When I was doing the independent programmer shtick for large corporations I was astounded at the amount of sheer stupidity present on most programming teams. Most of these guys could talk the talk but just couldn't walk the walk. Funny thing is, this was *not* true in any of the game companies I came to know (all of those guys, without exception, were truly excellent at their jobs).

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    62. Re:Er... by error0x100 · · Score: 1

      OK; I guess my experience has just been different. I work at a company that develops virtual reality training simulators (www.5dt.com), which technologically are fairly similar to games. Its not the sort of work where you can easily bluff, because if you don't know what you're doing, you either can't do anything at all, or you end up asking other programmers lots of questions all the time .. so its usually easy to spot which areas people lack knowledge in.

    63. Re:Er... by jcast · · Score: 1

      Linux users hate Windows, FreeBSD user love UNIX.

      And GNU users think documentation should be useful.

      Sorry, had to say it.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    64. Re:Er... by Anonymous Coward · · Score: 0

      Actually, I'd say the magic fish are the venture capitalists and the villagers are the dot coms.

    65. Re:Er... by gnurd · · Score: 1

      real men compress their edits on the fly so that they can fit them into RAM. what are these 'hard discs' you speak of?

      --
      "i was saying gnu-rd"
    66. Re:Er... by mph · · Score: 1
      I parsed that as "that's what the 'Compost' key is for anyway", and immediately thought, "Compost key? Don't you mean that silly Windows key?". *sigh*. Must go home and have some coffee or something.

      Actually, when I used a Windows keyboard, I did map one of the silly Windows keys to "Compose." The circle is complete.

      I never understood why people hate the extra keys. They gave you things to bind "Compose" and so forth to.

  7. Won't be the last time. by proxima · · Score: 4, Interesting

    Granted, I think most of us expect code to be stolen from GPL products and stuck into proprietary products. It struck me as odd that BSD code would actually be put into a GPL program improperly, considering the only requirement to my knowledge is the copyright notice they discussed.

    It was mentioned that the authors of the Linux kernel code worked for Red Hat. We can't be certain but I speculate that they didn't want to appear "lazy" by "stealing" anyone elses code, regardless that it was completely free. Perhaps it was just an oversight. I hope we see an update in a slashback in the future.

    --
    "The universe seems neither benign nor hostile, merely indifferent." --Carl Sagan
    1. Re:Won't be the last time. by hairy+moose · · Score: 1

      There's a dangerous assumption in here: "... most of us expect code to be stolen from GPL products and stuck into proprietary products..." -- this is exactly what the GPL is meant to prevent! Speaking only for myself, I do not expect GPL'd material to show up in proprietary systems.

    2. Re:Won't be the last time. by Ec|ipse · · Score: 1

      But how can you prevent it? If you can't see the source code for the proprietary program, how do you know it hasn't happened? All we have to rely on are the ethics of programmers. But what about the ones that arn't ethical?

    3. Re:Won't be the last time. by BLAG-blast · · Score: 1
      We can't be certain but I speculate that they
      didn't want to appear "lazy" by "stealing" anyone elses code, regardless that it was completely free.


      Funny, if I had of done that I would want credit from my employer for reusing other (Open Source) code and not wasting time developing it from scratch. Save the company time and effort....


      ...good companies are ran by clever lazy people. This guy seems to be dumb and lazy....

      --
      M0571y H@rml355.
  8. blows monkeys by daanger0us · · Score: 1

    Ok, this blows monkeys. For your own brothers to not give you props for a job well done and lots of work... I'm speechless..

    --
    Aliens? Magnetic Rings?! Bah! Who needs that when we have
    1. Re:blows monkeys by Anonymous Coward · · Score: 0

      thanks, shithead. you've really added to the conversation.

    2. Re:blows monkeys by daanger0us · · Score: 1

      LOL.. apparently I did, otherwise you would not have commented. hehe

      --
      Aliens? Magnetic Rings?! Bah! Who needs that when we have
  9. So tell me by Drone-X · · Score: 2, Redundant

    Why post this on Slashdot when the issue is nearly resolved? If you want to send out a message then the place to post would be the Linux kernel mailing list.

    1. Re:So tell me by jxqvg · · Score: 1

      Because it's "news" when other companies do it. Sounds only fair to me.

    2. Re:So tell me by Anonymous Coward · · Score: 2, Interesting

      1) In case you haven't noticed, Slashdot is the scandal rag tabloid of the open source community. This is a scandal, it should be printed here. (Every other known licence violation gets press here -- should this one be supressed for political reasons?)

      2) Nobody on Linux-kernel wants a bunch of technically-ignorant flamers invading their list. What passes for Insightful here will get you killfiled there. Anyone who might be interested in linux-kernel is smart enough to find it. Don't point them there.

    3. Re:So tell me by jpostel · · Score: 1

      "News for nerds. Stuff that matters."

      I think it is news for nerds. I also think that it matters. That is enough of a reason to post.

      --
      Ummm, Jon, aren't you supposed to be dead...? - Otter(3800)
    4. Re:So tell me by Drone-X · · Score: 2

      If the people in violation want to help you resolve the issue then you shouldn't cry about it on Slashdot, that's lack of respect. Same goes for when e.g. Microsoft does it.

    5. Re:So tell me by Drone-X · · Score: 2

      Since it looks like Søren and Red Hat are working to resolve the issue already, I don't see how it matters.

    6. Re:So tell me by dilger · · Score: 1

      Yes.

      This is a non-story. I think the use of "theft" in the headline is over the top. Until there is evidence the RedHat coders *willfully* axed the copyright stuff from the header files, this is not theft.

      This story would have been better posted a few days from now, when it could include more information and less speculation.

    7. Re:So tell me by Anonymous Coward · · Score: 0
      Well I along with a lot of other ./'ers aparently find it interesting and carrying on valid converstations.

      So I say this in the most polite was possible. shut yer hole and stop polluting our stories with worthless drivel like this.

    8. Re:So tell me by dj_flux · · Score: 1

      OK, I'll tell you. I'm not on the Linux kernel mailing list. I'm interested in this topic none the less, and would never had known about it had it not appeared here.

    9. Re:So tell me by platinum · · Score: 2

      I would agree except that the unlicensed files made it into a released kernel. If this was only in someone's development patches it would be a different story.

    10. Re:So tell me by p3d0 · · Score: 2

      This is not a problem-solving site. This is a news site. People here might be interested in the events that have happened.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    11. Re:So tell me by dcs · · Score: 2

      It matters because it is always useful to know who steals code without due credit.

      --
      (8-DCS)
    12. Re:So tell me by Drone-X · · Score: 1
      Moderation Totals: Redundant=1, Insightful=2, Overrated=2, Underrated=1, Total=6.

      Let the meta-moderation begin! Seriously, my comment shouldn't have been moderate up to 5 like it was. The redundant-moderation is silly though.

    13. Re:So tell me by kilgore_47 · · Score: 1

      Why post this on Slashdot when the issue is nearly resolved?

      So you think if the news has already happened, it isn't news?

      This is clearly relevant.
      This story clearly belongs on slashdot, regardless of if everyone made up.

      Uncredited BSD code in the Linux Kernel! Think about it!!

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    14. Re:So tell me by Anonymous Coward · · Score: 0

      It's a cool idea to spam linux-kernel with stuff that just gets you killfiled, but not bumped from the list.

      Eventually the traffic would be 80% garbage but the 'people in the know' wouldn't even realize it.

    15. Re:So tell me by Lunastorm · · Score: 1

      Slashdot: News for Nerds, made up by nerds.

      --
      You die too easily.
  10. See? The Gov'ment wuz rite! by Robber+Baron · · Score: 0, Troll

    The Gov'ment wuz rite! All yew Lienucks yewsers ahr theeves and tearerists! They shewd lock yew up aynd fergit abowt yew!

    --

    You're using her as bait, Master!

  11. Jumping to conclusions.. by defile · · Score: 0, Flamebait

    Let's anticipate some comments:

    CLEARLY THIS SHOWS THAT LINUX IS INFERIOR AND HAS ALWAYS LEECHED OFF OF FREEBSD.

    ..and..

    RED HAT IS EVIL THEY'RE THE NEW MICROSOFT

    Never attribute to malice that which can be explained by stupidity.

    I'd bet 10:1 that the developers did this unintentionally rather than thought "HEE HEE WE'LL RIP OFF OPEN SOURCE CODE AND PUT IT IN ANOTHER OPEN SOURCE PRODUCT AND NO ONE WILL EVER KNOW!" *slobber*slobber*

    Wait until you hear both stories

    1. Re:Jumping to conclusions.. by SamBeckett · · Score: 1

      How the hell can you even ASSUME that the developer did this on accident? Do you think he was sleep walking one night and copied verbatim FreeBSD source code, made some s/*/*/g replacements and was none the wiser the next morning?

    2. Re:Jumping to conclusions.. by jxqvg · · Score: 4, Funny

      Yeah, I hate it when I accidentally search and replace a bunch of variable names in a block of code and then forget to leave out the BSD license notice.

    3. Re:Jumping to conclusions.. by defile · · Score: 4, Insightful

      I just said that we don't know the full story.

      Any number of things could have happened that led the developer to ultimately violate the BSD license without being aware of it.

      Ruling out the possibility is completely naive. Somehow I don't think stealing BSD code to include into Linux is all that foolproof of a devious plan -- leading me to believe that it's much more likely an accident. What possible motive could he have had?

      Do you really think the developer said to himself "It is clearly worth risking my reputation by violating the easy-to-comply-with BSD license for my own personal gain of giving code away for free!"?

      So yes, 10:1 that this was an accident. I'm not ruling out the possibility of malice, just that it's a lot less plausible.

    4. Re:Jumping to conclusions.. by Anonymous Coward · · Score: 0

      Well, there are always bad apples who will rip off work to cover their lazy ass. And that this only happens rarely is a testement to the success of the open source development model.

      I forsee RH crucifying some poor slob, to preserve their good standing the the community.
      ... Or else they'll blame an intern or something.

    5. Re:Jumping to conclusions.. by Anonymous Coward · · Score: 0

      LOL! I love your comment.

      But, RedHat/Linux gawd damn! WTF is up with them? well, then again I'm sure more like this has been going on in the linux kernel for years...

  12. Good for him! by adaking · · Score: 4, Informative

    Even though the license was violated by other free software developers, I'm glad to see him pursuing this. If we ever want to see the various free software licenses accepted by the general community, we need to show them that we take them seriously, even if that means going after some of our own.

  13. Stolen code??? by Quasar1999 · · Score: 2, Interesting

    Certain code, although originally discovered/written by one individual will look a lot like the code of others, especially when that code is interfacing with hardware. I can only initialize a video card one way, with all the registers being set in the same order... Now if I don't consult the web, or anyone elses source code, and write a video driver, someone else, who wrote one for the same hardware first, could claim that I cut and paste his code... Even though I haven't even seen it.

    Just because the code looks the same, doesn't mean it was stolen... There are only a limited number of ways to get certain hardware to work in software, and most code reflects this.

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:Stolen code??? by hattig · · Score: 1

      You didn't look at the source code, did you?

      The structs are the same. Same variable names, name comments in the same places. Just split into two header files and losing the license very neatly.

      If this was developed independently, the ordering of the members of the struct would be different, and the names of the members of the struct would also be different.

    2. Re:Stolen code??? by polymath69 · · Score: 1
      the ordering of the members of the struct would be different

      Not likely. These structs represent hardware interfaces, I'm presuming. As such, the order isn't a matter of style but of function. A driver expects to see, say, a block number four bytes wide at byte offset 20 in a read command. If the order is changed, the driver doesn't work.

      But the struct names and member names are up for grabs and should most likely be different by chance.

      --

      --
      I don't want to rule the world... I just want to be in charge of mayonnaise.
    3. Re:Stolen code??? by Anonymous Coward · · Score: 0

      I would agree with Quasar1999 on this one, having had experience with algorithm optimization and data structure design, some code will look nearly exactly alike. In order to optimize data structures, the ordering of the variables contained is vital to good memory management. Also, variable names can also be nearly identical if standard naming conventions are used (which often are, and should be for good programmers).

      However, I am also a proponent of the old addage "don't reinvent the wheel," and would not put it past a good programmer to have at least looked at the BSD source code to get an idea of what the RAID disk access looked like. If the copyright goes in, hurray for Linux developers for being honest (unlike MS). If it doesn't then I would say trust them when they say they wrote it themselves, and leave it alone.

      --Don't judge a program by its data structures

    4. Re:Stolen code??? by rmayes100 · · Score: 1

      Maybe we should start using tools like YAP and other tools referenced in this article to catch students trying to cheat on their Computer Science assignments. Some of these actually compare the compilation trees of two programs so even changing variable names and comments and stuff will still turn up to be the same program. It would be interesting to see what some of these tools would turn up if you starting comparing say BSD code with Linux.

    5. Re:Stolen code??? by Pedersen · · Score: 2
      Sorry, but not necessarily. First, I'll admit I haven't looked at the code, and that this was probably somebody at RHAT being beyond stupid, and even (possibly) malicious. No matter how you look at it, it was wrong.

      Now, having said that, consider that one of the benefits of a struct in C is that you are actually mapping out a chunk of memory. A very common use for this (when it comes to hardware) is to map the memory to be identical in eveyr respect to what the hardware expects for various functions.

      The end result would be that if you and I were developing our own serial drivers, and using the memory mapping idea, we would have structs laid out identically for the serial port itself. We would even have similar names (assuming we both named the data members to reflect their purpose). As such, we could easily have headers which look 100% identical, except for variable names.

      Again, though, I think RHAT was wrong in this regard, and needs to make amends. What those would be, I don't know, but they do.

      --

      GPL made simple: What was my stuff is now our stuff. If you improve our stuff, please keep it our stuff.
    6. Re:Stolen code??? by Anonymous Coward · · Score: 0

      A lot of false positives.

    7. Re:Stolen code??? by Anonymous Coward · · Score: 0

      "If this was developed independently, the ordering of the members of the struct would be different, and the names of the members of the struct would also be different."

      Depends; if it's defining an external hardware interface, the struct members' size and order would *have* be the same. If it's an internal-use-only struct, then it could vary.

    8. Re:Stolen code??? by Anonymous Coward · · Score: 0

      I'm sorry but that's just not in the least bit credible... the pure possibility that the variable naming conventions was exacting is enough to condemn the coder, I like to think that variable names are almost as unique to a programmer as his/her own fingerprint... esp considering the fact that Soren is dutch(?) and the RedHat fellow is obviously a yank...

      -
      Caio

    9. Re:Stolen code??? by dossen · · Score: 1

      Well, there is a weakness in your argument. Since some of the tools you suggest look at the abstract syntax/compilation trees, they might catch more than what is wanted. Especially in this area, since, as mentioned elsewhere in this thread, the structures in question MUST be compatible with the hardware, and thus MUST have the same layout. So basically, if you abstract the comments, names and layout away, there can be NO difference between the two .h files, or one would be wrong.

  14. Just a guess by Anonymous Coward · · Score: 0

    If I read correctly, we are talking about 2 lines of code. If in fact this was achieved via "reverse engineering", isn't it possible that both you and the "other" developers came up with the same solution?

    I'm not saying that is or is not what happened, it just seems to me that it is possible that 2 different developers could come up with the same answer.

  15. Nor was it the first... by Christopher+Bibbs · · Score: 2

    This sort of thing ("borrowing" of code without following the rules) happens all the time. The good news is, with Open Source it is easier to find and correct.

    I just hope the offender can be identified and given the chance to ask forgiveness (sinner repent! ;)).

    1. Re:Nor was it the first... by Anonymous Coward · · Score: 0

      Would you give Microsoft the same grace you give to the GPL programmer (code stealer)?

      Nice low /. ID, btw.

    2. Re:Nor was it the first... by Anonymous Coward · · Score: 0

      This sort of thing ("borrowing" of code without following the rules) happens all the time.

      I know. Quite some time ago, someone pointed out nearly a dozen examples of it to me, and just kind of giggled about it. He said it was proof of the "superiority" of GPL versus the "Totally Free" nature of BSD. I tried to argue that there was no ethical "superiority" in stealing anything, no matter what restrictions you've placed on it after you've stolen it. Hiding the fact that you've stolen it after words is much worse than doing so and then openly advertising the fact, at least in my book anyway. Didn't matter what I thought though, he was so bull headed he was showing me the very thing that was starting to turn me off to the GPL, yet he was turning it around and using it as an arguement about how the GPL was the most "Ethically Sound" liscense...

      I've mentioned it several times in the past here at Slashdot, and I'm always flamed with "Your a liar!" or "Stop Trolling" or "Care to prove that?!" or "What are you implying?"

      It's not a matter of lies or implications, the proof is there for anybody willing to dig deep enough. I for one don't know exactly where to find the proof, though I know someone who has in the past and while I would love to post the examples I've been shown, it's hard to say if they're still valid today, and I'd have to bug someone to show them to me again. Things do change, after all.

      The point I'm trying to make is, that this is nothing new, and in the past speaking about it has cost me Karma.

      Now, all I dare say is "See!? Told you." I'm doing it Anonymously though.

    3. Re:Nor was it the first... by Christopher+Bibbs · · Score: 2

      If I didn't, I would be a hypocrite. Let ye who has never "borrowed" cast the first stone.

      (sound of an avalanche as the author is stoned to death)

    4. Re:Nor was it the first... by Guns+n'+Roses+Troll · · Score: 0

      I'll give you $20 and a case of Genessee beer for your UID.

    5. Re:Nor was it the first... by jpostel · · Score: 1

      Genessee? Only if it's cream ale!

      --
      Ummm, Jon, aren't you supposed to be dead...? - Otter(3800)
    6. Re:Nor was it the first... by Arandir · · Score: 2

      Borrowing from BSD licenses code happens all the time. But everyone keeps the copyright around and untouched. That's just common courtesy.

      I've seen the source tree for two different proprietary Unix systems. They both borrowed from FreeBSD or NetBSD. And they kept the copyright. So why can't GPL Redhat do it? Is it too onerous for them? Do they think they're too moral to bother? If Redhat has any decency left in their corporate soul, they'll take these two developers out back to the woodshed.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  16. Well, who's the code pirate now? by Anonymous Coward · · Score: 1, Flamebait

    So much for respecting IP laws and copyrights, eh fellas?

    I mean, come on, keeping a copyright notice with a piece of code is infinitely easier than complying with the convoluted GPL, and the kernel hackers couldn't even do that?

    Shame on the hackers who filed off the copyright notice. I can't quite put blame on Linus, since he probably accepted the patch whole and assumed it was original code, but the people who did this have tarnished the entire Linux project.

    I'll giggle if MS is ever caught using GPL'd Linux code, seeing as the kernel maintainers no longer have a moral leg to stand on.

    1. Re:Well, who's the code pirate now? by Anonymous Coward · · Score: 0

      Hey, I have an even TALLER soap box you can preach from, father! Just let me know if you need it (although by the self-righteousness of your post, I doubt it).

    2. Re:Well, who's the code pirate now? by Anonymous Coward · · Score: 0
      You sanctimoneous Linux pricks deserve every last jab. If we were to replace Linux with Microsoft in this story, you'd bitch and whine to an extent that only you can and make life miserable for everyone else (again).

      Eat the crow and shut up.

    3. Re:Well, who's the code pirate now? by Anonymous Coward · · Score: 0

      Tell it, brother!

    4. Re:Well, who's the code pirate now? by kilgore_47 · · Score: 1

      seeing as the kernel maintainers no longer have a moral leg to stand on.

      I don't see it that way but, sadly, I'm sure many others do.

      In reality this was a mistake made by a limited number of people. Unless it turns out that there is more borrowed code, the linux kernel maintainers still have every moral leg to stand on they had before. (whatever that may be...)

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    5. Re:Well, who's the code pirate now? by Anonymous Coward · · Score: 0

      Sarcasm doesn't recurse well this deep.

      So I will just say nothing.

  17. yes, but... by markhahn · · Score: 1

    he's right that the copyright should have been propogated. but this hardly counts as IP-theft: move along, nothing to see, move along...

    1. Re:yes, but... by aibot · · Score: 1

      What? nothing to see here? Lets not forget that Red Hat makes money by selling its distribution and those engineers that stole the code and removed the copyright info were paid for their work. They removed all copyright info and renamed the files, I'm sorry but that is theft.

    2. Re:yes, but... by Anonymous Coward · · Score: 0

      So what does count as IP theft, if misappropriation of IP doesn't?

  18. Geeze, it's not an easy license to break... by Anonymous Coward · · Score: 1

    The BSD license lets you do just about anything--
    how hard can it be to preserve a copyright?
    That's pretty blatently disrespectful--I wonder
    how much other code in the Linux kernel has
    been "borrowed" in the same way. The BSD
    developers explicitly encourage using their
    code in their license--the least Linus could do
    is respect their request to keep the copyright
    message. I hope Linus makes a statement about
    this--after all, it will all come back to him
    since the system has his name, and he manually
    reviews all kernel changes in it.

    1. Re:Geeze, it's not an easy license to break... by harakh · · Score: 1

      well its hard for Linus to check out every bit of code, this could very well be something one man did cause he wanted that it looked like he did some really good job on the code but instead he just ripped it..

      Bad PR but there are alot of ppl out there that have a large ego and dont want to show that they are "dependant" on others..

      But I dont think this should be blamed on Linus.

    2. Re:Geeze, it's not an easy license to break... by Anonymous Coward · · Score: 0

      OBFFS, How is Linus supposed to know the ins and outs of all the code released under the BSD license?

      If he had never seen the damn code before, he obviously could not know where it was taken from, especially since the copyright notice was removed....

  19. Of course everyone steals from BSD by Anonymous Coward · · Score: 1, Funny

    Why innovate when you can steal the best?

    1. Re:Of course everyone steals from BSD by Anonymous Coward · · Score: 0

      Isn't that page 1 of the MS business plan?

    2. Re:Of course everyone steals from BSD by diamondc · · Score: 1

      oh yeah, reverse engineering a piece of computer hardware is just SO innovate.. im sure its never been done before *cough*IBM PC*cough*

      --
      "I keep looking in the want-ads under 'revolutionary' but there don't seem to be any listings.. "
  20. Re:Er... (BSD License vs the GPL) by thedward · · Score: 2, Interesting

    The BSD license has an "advertisment" clause that requires the software give credit to the developers.
    This is contrary to the GPLs "no additional restrictions" clause. Thus you cannot just take code from a BSD licensed project and import it into a GPL licensed project. Not legally at least.

    --
    Remember, no matter where you go, there you are.
  21. Pretty sad, indeed. by dinotrac · · Score: 2, Flamebait

    First GNOME steals from khtml without attribution and now this.
    Oh -- and steals is the right term.
    This is one of the few ways you can steal BSD'd code. The license lets you do pretty much whatever you want.

    Proper attribution is not a big thing to ask, especially as meager compensation to a job well done. If the code's worth taking, it's certainly worth attributing.

    The worst part is that it allows the Microsofts of this world to say that free developers really aren't that different from themselves.
    Phooey.

    1. Re:Pretty sad, indeed. by Anonymous Coward · · Score: 0

      Uhmm - except it's quite possible that this was an accident - "whoops, forgot to paste the copyright agreement back in, I'll make sure to do that for the next release" not "oohhh - let's steal this".

    2. Re:Pretty sad, indeed. by Anonymous Coward · · Score: 0

      Now, kiddies, repeat after me: It ain't stealing if nothing's missing. It ain't stealing if nothing's missing.

      You can, however, INFRINGE a COPYRIGHT, but that is a completely different thing from stealing a packet of sausages (or whatever it is that you fat americans stuff your faces with) from the shelf of a store.

    3. Re:Pretty sad, indeed. by dinotrac · · Score: 1

      Your assumption that nothing's missing is wrong. Just another example of addle-brained IP isn't real so I can do what I damned well please thinking.

      What's missing in this case is recognition duly earned and deserved with the enhanced reputation that implies. An enhanced reputation is worth more than pats on the backs and conversation over beers. It can lead to job opportunities and the like. There is far more of value in this world than that which you see and touch. Ever notice that a Mercedes costs one hell of a lot more money than the raw materials+hours of labor that go into manurfacturing it?

  22. Sets a good example by jekk · · Score: 5, Insightful
    Please folks, remember this the next time /. posts some s t o r y about a violation of the GPL liscense. Give them a chance, after it's been pointed out, to resolve things peacefully.

    Of course, I wouldn't propose that we allow violations of open source liscenses to continue unchecked, just that the opportunity for good faith resolutions be allowed before crying "Boycott!".

    1. Re:Sets a good example by Anonymous Coward · · Score: 2, Insightful

      But we have to boycott linux for doing this! EVERYONE BOYCOTT LINUX!! Linux steals source from BSD and lies it is its own, this must mean BSD is better!!! EVERYONE MOVE TO BSD NOW!!!!

    2. Re:Sets a good example by c13v3rm0nk3y · · Score: 1

      Just a sec... Ok, done:

      # uname -a
      OpenBSD martini 2.8 MARTINI#14 i386

      --
      -- clvrmnky
    3. Re:Sets a good example by Anonymous Coward · · Score: 0

      Lesse, you "just" upgraded and you're running an old version. Yeah, ohhhhkayyyy..... Thanks fer comin' out!

    4. Re:Sets a good example by c13v3rm0nk3y · · Score: 1

      It was the handiest CD/uname I had. So sue me.

      BTW, I _could_ claim that installing one rev back from current is safer. Considering the whole point of OpenBSD, this would not be so unexpected.

      Sheesh. OBSD 2.8 is not *old*. It's *prudent*.

      No, thank you for playing, you've been a real sport.

      --
      -- clvrmnky
    5. Re:Sets a good example by oojah · · Score: 1

      Absolutely! Especially as this has already been resolved.

      --
      Do you have any better hostages?
  23. attitude by jxqvg · · Score: 1
    And that's exactly the attitude the Hive is going to attach to this whole incident. "It was just an oversight. We didn't know it was BSD code. We didn't steal BSD code and get caught. It'll never happen again. Really. Promise."

    And things like this will just keep happening time and again, with the same "it was an honest mistake, and now that someone noticed it, we'll fix it promptly." Surprisingly, I think I've seen similar stories about other, supposedly more sinister movements and organizations.

  24. Non-enforceable? by NineNine · · Score: 1

    So, now that this happens, how is it prevented? How is it fixed? Can one non-existent organization sue another non-existent corporation? It doesn't seem to be very enforceable.

    1. Re:Non-enforceable? by Anonymous Coward · · Score: 0

      Soren exists. Redhat exists. So he has
      a perfect right to take them to court--luckily
      for Redhat, he gave them a warning first,
      and gave them a chance to stop violating
      international copyright laws. That said, if
      he had taken Redhat to court, perhaps that would
      be beneficial for the open source world: you
      can't just take open source software and abuse
      open source developers, even if you produce it
      yourself.

    2. Re:Non-enforceable? by NineNine · · Score: 1

      Except that there's nobody to sue. RedHat doesn't own the kernel code. Nobody does.

    3. Re:Non-enforceable? by platinum · · Score: 2

      I'm pretty sure that Søren (the copyright holder) actually exists; and I'm equally sure that Linus got those headers from a person or organization (Redhat) that exists.

    4. Re:Non-enforceable? by Anonymous Coward · · Score: 0

      That statement is plain retarded. Look at the kernel source and notice all of the copyrights. If I remove "(C) You" and add "(C) Me", You would certainly be able to sue Me.

  25. a lesson for the Linux community... by digitalmuse · · Score: 2, Insightful

    This should really be addresses as a wider issue in the Linux community. While we all place great importance on the 'open-source' movement, we also need to ensure that Linux polices it's own code-base and keeps itself in compliance with the GPL, and other license-of-the-week trends.
    We must try and validate our work in in the eyes of the corporate (and IP-trigger-happy) environment that we are trying to penetrate if we want to get accepted as a viable option.
    hmmm, where will we find this kind of un-attributed code violations next? I sure as hell don't want to have Microsoft breathing down my neck because someone recycled propriatry code and invited the bull into the china shop.

    food for thought
    (caffine for action)

    --
    "If I wanted your input on my pet project, I'd stick my hand up your ass and use you like a sock-puppet." - Muse
  26. Another argument for free software? by melquiades · · Score: 5, Insightful

    Developers give all kinds of reasons for developing free software -- noble spirit, peer respect, etc. -- but one of the big ones is all the shit you don't have to deal with.

    Case in point: there is every reason to think that this author's name will be included with his code in the next release of the Linux kernel source. Think how vastly different this situation would be if this were about theft of proprietary code. Here, nobody's company is at stake, and nobody stands to lose by doing the right thing -- so there are no stupid lawsuits and no hard feelings. At least, I hope it plays out this way ... but the odds are with it.

    Forget all this paranoia about the venemous GPL. Proprietary code has a really, really high cost of ownership; at a certain point, it's just not worth it. Free is just so ... easy. Yay!

    1. Re:Another argument for free software? by Anonymous Coward · · Score: 0

      Yup. I guess lawyers hate us too. We're a threat to the liability market.

    2. Re:Another argument for free software? by Anonymous Coward · · Score: 0

      "Forget all this paranoia about the venemous GPL."

      If the author is making a point and this story was about the author making that point then let us NOT forget the point.

      You have unintentional theft and a developer that did not feel it was fair. Can you imagine the uproar if the FreeBSD guys did what that programmer did? The GPL code is less free than the BSD code in this case. It's not the same or equal to it. Lets NOT pretend otherwise.

    3. Re:Another argument for free software? by MaineCoon · · Score: 1

      Until you get people asking you to fix the bugs for them, or implement new features for them.

      For every user who contributed something back to the code, there were five users who merely thanked me for the software I've released, twenty five that asked me to add new features for them, and one hundred who asked me to fix bugs or help them set it up... or pretty close to those ratios.

      I will never work on another open source project again.

      - Chris Jacobson

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    4. Re: Another argument for free software? by Anonymous Coward · · Score: 0

      Well... here's the only thing i can say to you now: FUCK YOU!

    5. Re:Another argument for free software? by Anonymous Coward · · Score: 0

      Lawyers may hate everybody because the only thing they love is to steal money legally.

    6. Re:Another argument for free software? by vrt3 · · Score: 2
      I will never work on another open source project again.

      Then in your future projects there will be _no_ users contributing to the code and less bug reports (meaning you'll either have to find them yourselves or there are more bugs left in the code). As for feature requests, I don't think it necessarilly is a bad thing. You don't have to implement all suggestions, but it gives you an idea what direction to take.

      --
      This sig under construction. Please check back later.
    7. Re:Another argument for free software? by Balp · · Score: 1

      So you men in GPL you could just remove the copyright and insert a new own one? That is what happend here, that this is illegal is the fundation that GPL stands on.

      / Balp

    8. Re:Another argument for free software? by gotan · · Score: 2

      I think there is a lot of that going on in proprietary software too. Only there it's harder to catch, since you don't get to see the source. And melquiades' meaning (which you so purposefully misread) was, that in this case (as in many others) you can deal with copyrightviolations much easier and without the help of lawyers, because what most open source programmers want is, that their name stays affixed to the code they wrote, and that the spirit of the license they choose is served. For proprietary software it's usually a kneejerk reaktion of the company owning the ip to start any lawsuit they think they can win and make it as costly as possible.

      And if you want to use proprietary code of someone else because you think it'd work well with your program you have to go through lawyers to write up the contracts if you want to do it the legal way. This does not only cost money, but, what's far more important, time, and in the end severely restricts the usability of your code. We once wanted to include a proprietary solver in a scientific project. After a year of haggling (when the project already ran without that solver) we ended up with a license that wouldn't allow us to share our program with other scientists.

      This serves to demonstrate the 'costs' of using proprietary software. Even the costs of the lawyers will probably hinder many smaller companies to even think about going through this process. But even more important is the lost time, in a business, where being half a year late to market may decide over success or failure of a specific Software. Even more severe consequences might arise from the constrains in the terms of usage.

      --
      "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  27. Credit must be for the right reasons by z7209 · · Score: 4, Insightful

    Bravo to Soren: he wants credit for the hard work he did. I 100% agree that it should have been done and is deplorable that it wasn't.

    I would like to point out though that there is a strong argument that it was precisely that hard work rather than intellectual property that was stolen. Bear with me, and no knee-jerk mods please:

    (1) A structure is just that: a structure. If there is intellectual property there it is in the original designer of the structure.

    If this was a structure in nature (such as the human genome or what have you) then there are plenty of people who disagree with it being anyone's IP at all. Unfortunately, in the wisdom of capitalist democracy some people think that they *own* all of our tomatoes.

    But this isn't nature, and someone did plan and write these structures and deserves credit. And Soren deserves plenty too for figuring it out and giving it to the world.

    (2) You could say that his comments are IP, and that's a pretty strong argument. So perhaps there is more than just good old hard work here. However, it's possible these are just titles of the data structure elements, and titles aren't exactly covered by the same IP standards as other IP.

    Oh well. I don't want to take away from the important work, and certainly nothing from Soren's credit. Just some food for thought.

    1. Re:Credit must be for the right reasons by MikeBabcock · · Score: 2

      FWIW, I agree that the data structures are the intellectual property of the original creator thereof. However, without being able to actually see those structures, anything Søren entered into his editor and saved as those header files is definately copyright him. The fact that the structures are reverse-engineered severely limits his ability to claim that they are his intellectual property.

      --
      - Michael T. Babcock (Yes, I blog)
    2. Re:Credit must be for the right reasons by Hard_Code · · Score: 2

      So then why isn't the "structure" the intellectual property of the drive manufacturers? After all, *they* were the ones who originally envisioned those "structures".

      --

      It's 10 PM. Do you know if you're un-American?
    3. Re:Credit must be for the right reasons by error0x100 · · Score: 1

      If there is intellectual property there it is in the original designer of the structure

      Well then as I understand it the original designer of this structure was not Soren, as the structure is proprietary and undocumented and he reverse-engineered it. Given your argument, the IP belongs then to neither Soren or the RedHat developer who copied the structure. That is, of course, assuming that your argument is correct that the real IP is the structure itself.

  28. Re:Er... (BSD License vs the GPL) by bamf · · Score: 2, Informative

    The 3-clause BSD licence does not contain the "advertisment" clause.

    It was removed July 22 1999.

  29. Innovation.. by Anonymous Coward · · Score: 0

    Yeah.. So this is the "innovation" you so often hear that Microsoft is lacking. Yup. Ohh-kay.

  30. A common source? by MarkusQ · · Score: 2, Interesting
    Before we get too up in arms, is it possible that they both drew from a common source (app notes, published specs, etc.)? Code can look similar for many reasons. I recall, for example, a university "cheater detection" program that "caught" a large number of cheaters--in a course on code reuse--because they had used identical variable names, layout, etc. It was subsequently discovered that they had all noticed that the problem given was a minor variation on an example given in their textbook, and had used that as a starting point.

    -- MarkusQ

    1. Re:A common source? by GHosTofNavigator · · Score: 1

      ..a university "cheater detection" program that "caught" a large number of cheaters..

      Where's the lie detector? .. or they forgot it to bring it along with?
      -
      Intel processors are not defective, they just act like that.

  31. Re:The Pot Calling the kettle black by elmegil · · Score: 1

    No, lucky for us, the DMCA is not retroactive, and I'm willing to bet that ATA drivers were created a bloody long time ago relative to that.

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  32. But that's nothing!! by Seph · · Score: 1, Funny

    Look at every C book, they stole word by word my helloworld.c program that I wrote some time ago!!

    1. Re:But that's nothing!! by Anonymous Coward · · Score: 0

      Use of a helloworld.c taken from a book clearly falls under fair use. Did you put an explicit copyright notice on *that* program? I thought not.

  33. Re:Yeah but BSD stole its TCP/IP stack! by Mayflower · · Score: 0

    This is a joke, right?

  34. Not the first time by Anonymous Coward · · Score: 2, Informative
    I don't want to start anything here, but I used to work with Andre Hedrick, the IDE driver maintainer - and this sort of thing has happened before. Andre is a very talented programmer and a hard worker, but he was roundly regarded as a bit of a credit hog at our former employer. And it's unfortunate, but it seems like that really got him in a heap of trouble this time.

    I don't harbor any resentment against the guy, but this was bound to happen sooner or later. I'm sorry it had to turn out this way.

    -anon
    (yes, I have an account; no, I'm not going to use it here)

    1. Re:Not the first time by sting3r · · Score: 0, Offtopic

      Hey AC-

      Where did you guys work?

      -sting3r

    2. Re:Not the first time by LinuxATA · · Score: 1

      You know that if you really had a point you would have addressed me directly. I can only think of one person in the world that could have made such a comment, but he was man enough to challenge me face to face. Therefore you have no basis for putting out this type of misinformation.

      You have stated,"I don't harbor any resentment against the guy", obviously just been waiting to stab me in the back.

      Maybe if you had asked me, you would have known that I had nothing to do with this project yet.

      Regards,

      Andre Hedrick
      Linux ATA Development

      Regards,

    3. Re:Not the first time by Anonymous Coward · · Score: 0

      Andre,

      I am merely a troll and mean no harm. Certainly anybody who is gullible enough to believe what they read on slashdot is not worth your time anyway.

      Please accept my apologies for the misstatement. I've never met you and just made a bunch of crap up because I was bored. Don't take it personally, and keep up the good work.

      -anon

    4. Re:Not the first time by Anonymous Coward · · Score: 0

      Hah, you're still an idiot. Lose some weight while you're at it.

  35. hehe... by Matrix12 · · Score: 0

    This is a common practice in the closed source software arena. I cleanroom open-source all the time.

    It's amusing to see how long this went unnoticed in the open source arena. I wonder how much of the kernel has been "inspired" from commercial code.

  36. Oh come on by mocm · · Score: 1, Insightful

    The BSD people did the same thing with the bttv driver. As long as you don't copy verbatim, as NVIDIA did it (they even left the comments in) and claim that this is all your property, you can't really say anything. Some things have to be coded in a certain way, especially drivers. You can't do it differently if you want to access the hardware.
    I haven't seen the code segments they are talking about, so I don't know how far the copying goes, but if it doesn't go beyond what is required by the hardware you can't complain too much. If they learned it from the BSD code how to access the hardware they should mention it somewhere,though. Not that people always do that.

    Marcus

    --
    ***Quis custodiet ipsos custodes***
    1. Re:Oh come on by Anonymous Coward · · Score: 0

      Actually the bttv driver came from FreeBSD too, but here the linux maintainers were careful to work WITH the BSD maintainers.

    2. Re:Oh come on by mocm · · Score: 1

      I don't know if my last reply came through, so here it is again.
      The Linux driver came out at least 3 months before the BSD one which had very similar code at least as similar as in this case. We didn't complain much about that since hardware is hardware and after that we exchanged some information about different cards, but there was not a cooperation WITH the BSD maintainers just a some communication. And we didn't put it on slashdot (well was there a slashdot at that time, I guess not). So come on.

      Marcus

      --
      ***Quis custodiet ipsos custodes***
    3. Re:Oh come on by Anonymous Coward · · Score: 0

      " As long as you don't copy verbatim, as NVIDIA did it (they even left the comments in) and claim that this is all your property, you can't really say anything."

      ? When / on what product was this done? (hard to do a Google search w/o more info..)

    4. Re:Oh come on by dcs · · Score: 1

      It was copied verbatim, minus the copyright notice.

      --
      (8-DCS)
    5. Re:Oh come on by mocm · · Score: 1

      search on slashdot. It was about a year ago.
      They just copied a part of bttv that they needed for there kernel driver module. We wouldn't have minded if they hadn't copied it verbatim and put there copyright notice on top. They even had a comment that said they copied it and then they stated in their copyright statement that the following was their intellectual property (whatever that is, IP= I thought this so it's my property).

      Marcus

      --
      ***Quis custodiet ipsos custodes***
    6. Re:Oh come on by mocm · · Score: 1

      At least he didn't put his own copyright on top.
      He might have made the effort to at least change the names a little.
      But what can else can you do, it looks like the data structure is given by the hardware, so there is really no other way to do this. It doesn't warrant keeping the copyright notice,but he should have mentioned his source.
      Marcus

      --
      ***Quis custodiet ipsos custodes***
    7. Re:Oh come on by Anonymous Coward · · Score: 0

      That's incorrect, the driver you're refering to was written by Roger Hardiman, Strathclyde University Telepresence Group, Glasgow, Scotland, UK.

      Juha Nurmela's code wrote another and was introduced into FreeBSD, might be that Juha looked at your code, but I doubt it.

  37. Slashdot License Enforcement Bureau by mrbill · · Score: 3, Insightful

    When did Slashdot suddenly become "The Place" to
    complain about license and copyright violations?

    "Oh my god, its a license violation! Get
    Slashdot on the phone IMMEDIATELY!"

    Surprised I havent seen a "do , or we'll post
    about you on slashdot" yet.

    In this case, I agree with the author of the
    code about getting proper credit for his work
    since it was reused - but all of these GPL/
    license/embedded linux stories lately are
    getting tiring.

    BRING BACK THE QUICKIES!

    1. Re:Slashdot License Enforcement Bureau by MikeBabcock · · Score: 2, Flamebait

      A long time ago, Slashdot became the place for all news nerds might enjoy ... including Star Wars and the like. Feel free to edit your preferences to not include these stories.

      --
      - Michael T. Babcock (Yes, I blog)
    2. Re:Slashdot License Enforcement Bureau by Anonymous Coward · · Score: 0

      Seriously the quickies roold. ROOLD I TELL YOU.

  38. Re:Er... (BSD License vs the GPL) by thedward · · Score: 1

    Yes. Yes it was. Just finished with further research on the matter. So basically this isn't a license violation, its just obnoxious.

    --
    Remember, no matter where you go, there you are.
  39. makes me wonder by nicedream · · Score: 0, Redundant

    How many proprietary programs/operating systems have "stolen" GPL/BSD code and never told anyone. I mean, how would anyone ever know unless they could see the source?

  40. You have old information by fizbin · · Score: 2, Informative

    The requirement that a copyright clause remain intact is NOT the same as the dreaded "BSD advertising clause".

    In fact, the current BSD license is completely compatible with the GPL (Just remember that the commingled result must be GPLed). See the FSF list of GPL-Compatible licenses.

    1. Re:You have old information by AME · · Score: 2
      In fact, the current BSD license is completely compatible with the GPL

      "Compatible with the GPL" is GNUSpeak for "Can be consumed by the GPL." Nothing is "completely compatible" with the GPL except for the GPL.

      --
      "I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
    2. Re:You have old information by mmol_6453 · · Score: 1

      Can I link a binary from GPL software to a library from BSD software?

      Not combine the codebase, just have the two pieces work with each other...

      --
      What's this Submit thingy do?
  41. Re:The Pot Calling the kettle black by Chandon+Seldon · · Score: 1

    Reverse engineering for compatiblility is explicitly protected anywhere there are reasonable laws about that sort of thing.

    --
    -- The act of censorship is always worse than whatever is being censored. Always.
  42. Re:The Pot Calling the kettle black - legal? by jptxs · · Score: 1

    here's me admitting IANAL nor do i get law at all, but does the admission of reverse engineering here actually put Soren at any real risk?

    --
    we speak the way we breathe --Fugazi
  43. But it can't be done "properly" by John+Harrison · · Score: 2, Interesting
    Your post raises an interesting issue. Can BSD code be put into a GPL program? Not accoring to the statement on gnu.org about the original BSD license, which is the license in question. It is listed in the GPL-Incompatible section.

    It is the requirement you mention (inserting the copyright notice) that makes the two incompatible. A GPL'd program can't have that "restriction".

    If you are cynical you could say that this is an example of the viral nature of the GPL and that RMS wants to take over the world!

    1. Re:But it can't be done "properly" by Anonymous Coward · · Score: 0

      This is an example of the viral nature of the GPL and RMS wants to take over the world!

  44. Hope it was an oversight... by Helmholtz · · Score: 4, Insightful
    I really hope this was simply a stupid oversight. I do think that too often people simply take licenses and plagerism very lightly. Often high school papers read like a poorly chopped and pasted encyclopedia, and rarely is anyting done to curtail this.

    IP is important. Copyright is important. Licensing is important. Unfortuantely defenders of all these things are often cast in a bad light because of a perceived association with other groups who misuse these tools.

    Just my 2c

    --
    RFC2119
    1. Re:Hope it was an oversight... by yesthatguy · · Score: 2, Interesting

      I don't know if this is the case everywhere, but my high school has taken a very strong stance against plagiarism. We're required to give major papers in on paper as well as in electronic form, so that our teachers can easily run a check with plagiarism.org. The consequences for plagiarism basically reduce to: first offense - 0 for the term, second offense - 0 for the course.

      I never really had any desire to rip off other people's work anyway, since I feel that I can write better than the people who give their papers away for free over the internet, but having such punishment is actually a comforting incentive to do one's own work.

      --
      Yes! That guy!
    2. Re:Hope it was an oversight... by Anonymous Coward · · Score: 0

      People also take speling far too lightly. I mean, some words like "plagiarism" are difficult to spel right - which is why we have dictionaries [even online ones!]. I blame the high schools for this decline in the speling abilities of Americans.

  45. Re:The Pot Calling the kettle black by simonln · · Score: 1

    Besides, didn't the DMCA outlaw reverse-engineering?

    Well since Søren is not a US citizen the DMCA can't really apply.

  46. This is a surprise??? by Anonymous Coward · · Score: 1, Insightful
    Look, it's this simple: You make your source code publicly and freely (zero cost) available, and at least some people will use it however they damn well want, regardless of what the license says.

    This is a widely recognized fact in the computer book business, where it's known that no matter what license or restrictions you try to apply to your source code that's included with the book, people will treat it as if it's public domain.

    The open/free zealots love to speculate in public about how much of their code has been stolen by MS and other big, bad companies, but how many more incidents like this do you think you would uncover if you ran an enormous pattern-matching check against all the open/free projects? My guess is you'd find quite a few.

    1. Re:This is a surprise??? by murphyslaw · · Score: 1

      It is also widely known to the readers of many of those books that many times the code snipets do not work properly. Sure, I have based some of my work of examples in books, but by the time I was done there wasn't a single line of the original code left, because it didn't work as well as I needed it to. This, as I see it is worse than theft of textbook code could ever be. Linux, as everyone here should know, is based on average programmers sending in their code for recognition, and for that same orginization (or maybe I'm missinformed) to use code without giveing credit seems like a slap in the face to myself and everyone else who has supported the development of Linux.

  47. There was no loss by Anonymous Coward · · Score: 0

    Nothing was taken from him. He still has his code. Why is he complaining? Nothing was STOLEN.

    1. Re:There was no loss by Anonymous Coward · · Score: 0

      His work was stolen from him. He gave the code away as free so long as he was attributed and the code remained under the BSD license. Stripping off the attribution and the license and replacing it with a RHAT employee name and GPL took away his right to boast of his own code.

    2. Re:There was no loss by Anonymous Coward · · Score: 0
      Cool, then I'll just take some of that spaghetti Linux code for my next Windows version. Don't worry, you still have your code.

      Love, Bill Gates

  48. Someone pretending work? by aralin · · Score: 2

    Oh yes, it looks like some software engineer at RedHat tried to pretend working for few weeks and that tried to cover his lazyness by the easiest way, stealing. 'nuff said.

    --
    If programs would be read like poetry, most programmers would be Vogons.
  49. Re:Er... (BSD License vs the GPL) by imp · · Score: 2
    The "advertisment" [sic] clause you refer to wasn't on these files in question. That clause has been removed in FreeBSD code. The modified BSD license has been around for a while now and most new FreeBSD code uses it.

    Please check your facts before going off like this.

    The GPL does have its problems, and this is one of them. :-)

  50. Re:Are you sure it is a RedHat Employee by Anonymous Coward · · Score: 1, Funny

    Those darn microsoft employees. I bet one posed as a linux developer just to do this copyright enfringment.

    boy that really gets my goat. stupid microsoft can't keep their hands out of anything!

  51. Re:The Pot Calling the kettle black by jmarca · · Score: 1

    Without evidence to the contrary, one can only assume that when Søren reverse engineered the proprietary data structures it was legal for him to do so.

    Or perhaps you've forgotten the principle of innocent until proven guilty?

    Second, reverse engineering is probably more difficult that engineering in the first place. If you can just write your spec and API, hey, you can do what you want and make it how you see fit. Søren had to figure out what corporate engineers did without even being able to talk to them.

    Before you slander and defame someone who is working for your benefit, gather some proof to back up your claims.

  52. I think you may be over-reacting by ctimes2 · · Score: 3, Insightful

    The kernel with the offending code was released today. It was noticed today. Wait for the response before bundling all your (well founded) anger and firing it at the linux crowds. I mean seriously, give 'em a chance to respond to the problem before condeming them for it. I suspect this was an honest mistake by everyone except the guy who tried to slip it in.

    I for one hope they pull the kernel down now and rework it without the offending code, or not put it back up until sorenson is satisfied with the result.

    Ctimes2

    --
    My cube. My friend. My solace. My prison.
  53. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    Hey, I have 20 years experience in writing kernel level code in Java and Perl (yeah, some people claim it's too slow for the kernel, but that's not true) and I can tell you from running the latest kernel that is not approved by any distribution: it kicks Win2k's ass.

  54. heh by Anonymous Coward · · Score: 0

    Looks like some paid redhat developer thought he could take the day off by borrowing someone elses code.

    Naughty naughty - I hope everyone comes out of this one on top. And mad props to Soren for writing code good enough for ten OS's.

    cowhard

  55. Skylarov by none2222 · · Score: 3, Informative
    . . . since Søren is not a US citizen the DMCA can't really apply.

    Need I say more?
    --
    If you have a problem with my views, REPLY, don't moderate!
    1. Re:Skylarov by Anonymous Coward · · Score: 0

      Yes, say more..

      Like how the FBI won't go into another country and arrest a person for breaking the DCMA in their won country. Skylarov was arrested b/c he was here, distributing illegal software.. STFU, the FBI CAN NOT go to another country and arrest someone.

    2. Re:Skylarov by blafasel · · Score: 1

      yes, it's *sklyarov*.

      --

      check your speling
  56. Irrelevant by Kurgol · · Score: 0

    the bsd licence stipulates
    "Redistributions of source code must retain the above copyright notice".

    Microsoft wouldn't distibute the code...

    1. Re:Irrelevant by Anonymous Coward · · Score: 0

      Microsoft does distribute code under 'shared source', Academic licences, and to big customers that demand to have it. Speaking with someone in the latter category whose has seen it, it's riddled with old University of California copyright notices.

      (Since all of the old UCB stuff was essentially a government handout to the computer industry, no big deal.)

    2. Re:Irrelevant by dcs · · Score: 2

      The copyright notice must appear on binary-only distributions too.

      --
      (8-DCS)
    3. Re:Irrelevant by Anonymous Coward · · Score: 0

      Only if it appeared that way in the original source code -- you never have to add a copyright notice that didn't already exist. As many have pointed out, you can find it in ftp.exe and some other old TCP/IP tools.

  57. Re:The Pot Calling the kettle black by gmhowell · · Score: 3, Insightful

    It's probably been stated, but...

    With a name spelled like that, it is quite possible that Søren lives/works outside of the US, and nobody gives two farts about the DMCA where he is.

    Also, I believe that the DMCA only outlawed the breaking of protection or encryption or some such.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  58. Kernel Egos by Anonymous Coward · · Score: 0

    I think that this stroben guy should be flattered and honored by the fact that his code is good enough to be reused as-is. Isn't that the whole fucking idea ? this just shows that free or not, kernel programmers have egos as big and fragile as the next corporate guy.
    Stroben, go get a job in a law firm - I'm sure they'll help you with your copyright issues.

    Cathy D.

  59. Good Programmers Copy ... by Anonymous Coward · · Score: 1, Funny

    ... Great Programmers Steal.

  60. Submit a patch. by Anonymous Coward · · Score: 0

    So(/)ren,

    Linux is all about community. Please submit a patch with your suggested changes then you will sound less like a winey arse BSD bigot.

    Sincerely,

    Linus Torvalds.

  61. Re:Er... (BSD License vs the GPL) by platinum · · Score: 2

    It is most definitely a license violation. The first clause of the license states:

    1. Redistributions of source code must retain the above copyright
    notice, this list of conditions and the following disclaimer,
    without modification, immediately at the beginning of the file

    Note that the license has been completely removed.

  62. Re:My Experience With Linux by The+Axe · · Score: 1

    Um, hahahahaha.

    1). 2.4.10 is the latest kernel.

    2). VB for 8 years? Has VB been around for that long (I don't know). Also, kernel level programming in VB? Give me a break.

    3). Linux performs better on most tasks than any version of Windows does (except games, but the nVidia drivers are changing this).

    4). I don't know what kind of "enterprise" enviroment you have, but it seems that you are either lying, using an old kernel, or you have incorrectly setup Linux.

    You know what, I won't even waste my time to point out more flaws in your statement. A troll like you doesn't deserve a response. Research everything about Linux that you think is bad and you'll find out how wrong you are.

  63. This is not the license you are looking for by fizbin · · Score: 3, Informative

    The copyright clause is not the same as the advertisement clause in the original BSD license which causes the incompatibility. The copyright need only be in the source code; the advertisement clause means (among other things) that if you buy a boxed version, it has to be on the outside of the box.

    The license in question here is the modified BSD license. (same page, earlier on)

  64. Re:The Pot Calling the kettle black by matty · · Score: 1

    Reverse engineering is the basis for the entire PC industry. Compaq reverse engineered IBM's BIOS and that created the PC industry as we now know it.

    Would you have us throw that all away?

  65. So I guess . . . by smnolde · · Score: 1, Offtopic

    BSD is still very much alive and kicking.

  66. What disturbs me about this article... by Dimwit · · Score: 2, Redundant

    ...is not that the code was "borrowed", but what people are saying about it. So far, the highest-modded comments say:

    * If this had been included in WindowsXP he wouldn't have known, so he couldn't have complained. Yay GPL!

    * Why post this on Slashdot if the issue is resolved?

    * This code was reverse-engineered anyway, so why is he bitching when we leech it?

    Lord almighty the hypocrites in this place.

    My response:

    * Microsoft *has* included BSD code, and they've done everything they're supposed to. Why can't we ever have a discussion like this where we admit we're wrong? Sometimes we can say something without promoting the GPL or Linux.

    * Why post on Slashdot if it's resolved? Think about this: if MS had taken code from Linux and used it, and then it was resolved, it would still be posted on Slashdot and people would be ready to beat down Bill G's door and crucify him.

    * Of course the code was reverse-engineered. And Jesus, how often do we bitch on here about how we should have the right to reverse-engineer? When someone else does it, it's low - when Linux does it (and trust me, a large number of Linux drivers are reverse-engineered), it's the best thing since sliced bread. Remember, kiddies - Linux does something, it's good; Anyone else does the *exact same thing* and it's bad.

    Sometimes I just get sick of the people who bash religion and then follow Linus like he's God...*sigh*

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0
      bash religion and then follow Linus like he's God...*sigh*


      Well my religion is tcsh and my God is RSM thankyou very much

    2. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0

      But why remove the copyright from the BSD code, boo GPL. Since you mention MS they have used BSD code befpre and it was found because the copyright lines could be found.

      GPL is a virus, long live the BSD's.

    3. Re:What disturbs me about this article... by p3d0 · · Score: 3, Insightful

      Ok, I have had it. From this point on, I'm going to moderate these "Slashdot hypocricy" posts as redundant. It has been said a million times, and it's true, but it's not news to anyone. If you have actual insightful comments, make them.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    4. Re:What disturbs me about this article... by tmark · · Score: 2

      While we're at it let's get rid of all the posts about the virtues of the GPL, and all the posts about the evils of Microsoft. Also let's get rid of all the posts about why patents are bad, as well as the posts about why the RIAA and MPAA are bad and infringing on our libterties. After all, it has been said a million times, and it's true, but it's not news to anyone. If you have actual insightful comments, make them.

    5. Re:What disturbs me about this article... by p3d0 · · Score: 2

      Ooo, that stings, they way you have cleverly turned my own words against me. You are wise indeed.

      I would agree to get rid of all that stuff when it has nothing to do with "news for nerds". I mean, if the MPAA sues someone and a reader wants to comment on that particular evil, then it's not redundant because it's discussing a new event. But a post that boils down to nothing more than "corporate control over fair use is bad" is redundant because it has been said here a million times.

      If you disagree, then please, how do you define "redundant"?

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    6. Re:What disturbs me about this article... by Dimwit · · Score: 1
      Ok, I have had it. From this point on, I'm going to moderate these "Slashdot hypocricy" posts as redundant. It has been said a million times, and it's true, but it's not news to anyone. If you have actual insightful comments, make them.

      Then you might as well mod all of Slashdot as redudant. I was bitching about the hypocricy, true - but also about how we've said everything like this before. All BSD posts are going to be flooded with highly-modded BSD-sucks-Linux-rules! posts, all BSD-vs-GPL stories are going to be flooded with GPL-rules!

      I may not have said anything new - but at least I reminded people that they weren't, either.

      --
      ...but it's being eaten...by some...Linux or something...
    7. Re:What disturbs me about this article... by Sly+Mongoose · · Score: 2
      Think about this: if MS had taken code from Linux and used it, and then it was resolved, it would still be posted on Slashdot and people would be ready to beat down Bill G's door and crucify him.
      Maybe we should bust down his door and crucify him anyway. I'm pretty sure that those pesky terrorists used his software products for communication, coordination and planning!

      What we need to do is require all users of his software to re-register periodically, and give network and billing information on a regular basis; for the good of the children!

      Oh wait.....

    8. Re:What disturbs me about this article... by crucini · · Score: 3, Insightful
      It's been said a million times, but that doesn't make it true. What these anti-hypocrites need to learn is:
      1. There is more than one person posting on slashdot. If Alice says the weather is cold, and Bob says the weather is hot, this does not make Alice and Bob hypocrites.
      2. Things change. If Alice says it's hot, and tomorrow Alice says it's cold, she is not necessarily a hypocrite. Maybe it got colder.
      3. People change. If Alice says it's hot, then five minutes later she says it's cold, and the temperature is constant, maybe her perception of temperature has changed.
    9. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0
      Then you might as well mod all of Slashdot as redudant.

      You are ready.

    10. Re:What disturbs me about this article... by error0x100 · · Score: 1

      If you really believe that the Linux community has anywhere remotely near as many ethics abuses as Microsoft, then you seriously need to inform yourself. Go read up a little about even a *fraction* of the dirty tricks MS has gotten up to (and still get up to) over the past 10 years, and you might understand. Microsoft has proven their character, when they do something unethical, its "in character" for them. That is the main reason for the *apparent* hypocrisy in people being more forgiving towards the Linux community, which has in general shown itself to by and large care about ethics.

      You're sick of fanatical Linux zealots? Well, I'm sick of people who defend Microsoft when they are clearly uninformed of the unethical tactics MS uses. Just arm yourself with a bit of information, dig a little bit underneath the thin rosy veil of apparent innocence and innovation that Microsoft advertising portrays. Its a funny thing, but every time MS gets caught redhanded, there is a brief media flurry, but then within a month or two everybody seems to have completely forgotten.

    11. Re:What disturbs me about this article... by Dimwit · · Score: 1

      I was in no way defending Microsfot - I hate them as much as anyone. I do, however, want people in the Linux camp to not drive people off with their rabid fanaticism. Were I a potential convert to Linux, I would be put off by some of the rantings regularly heard from RMS, Slashdot, et al.

      --
      ...but it's being eaten...by some...Linux or something...
    12. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0

      If you say you're a queer and i say your a faggot maybe you're just a cock sucker.

    13. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0

      I don't think the reason people are making a point of the reverse engineering is because of it being wrong or right.

      It is because the point of this article is how wrong it is not to provide credit to your sources. So why is there no mention in the BSD headers where this source was reverse engineered from. I mean if we are going to get highly moralistic we might as well do it all the way around.

      Oh and as a final point MS does not credit BSD directly. It does so inderectly by crediting the kind not-for-profit hosts at the University of Berkely. Which is the equivelant of giving credit to windriver for Sorens hard work on the IDE drivers.

    14. Re:What disturbs me about this article... by p3d0 · · Score: 1

      Damn, and I can't mod this up because I have already posted. :-)

      Well said.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    15. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0

      begin 644 -
      M22!D;VXG="!T:&EN:R!T:&4@<F5A<V]N('!E;W!L92!A<F4 @;6%K:6YG(&$@
      M<&]I;G0@;V8@=&AE(')E=F5R<V4@96YG:6YE97)I;F<@:7, @8F5C875S92!O
      M9B!I="!B96EN9R!W<F]N9R!O<B!R:6=H="X@"@H@("`@("` @("`@("!)="!I
      M<R!B96-A=7-E('1H92!P;VEN="!O9B!T:&ES(&%R=&EC;&4 @:7,@:&]W('=R
      M;VYG(&ET(&ES(&YO="!T;R!P<F]V:61E(&-R961I="!T;R! Y;W5R('-O=7)C
      M97,N(%-O('=H>2!I<R!T:&5R92!N;R!M96YT:6]N(&EN('1 H90H@("`@("`@
      M("`@("!"4T0@:&5A9&5R<R!W:&5R92!T:&ES('-O=7)C92! W87,@<F5V97)S
      M92!E;F=I;F5E<F5D(&9R;VTN($D@;65A;B!I9B!W92!A<F4 @9V]I;F<@=&\@
      M9V5T(&AI9VAL>2!M;W)A;&ES=&EC('=E(&U I9VAT(&%S('=E;&P@9&\@:70*
      M("`@("`@("`@("`@86QL('1H92!W87D@87)O=6YD+B`*"B` @( "`@("`@("`@
      M($]H(&%N9"!A<R!A(&9I;F%L('!O:6YT($U3(&1O97,@;F] T(&-R961I="!"
      M4T0@9&ER96-T;'DN($ET(&1O97,@<V\@:6YD97)E8W1L>2! B>2!C<F5D:71I
      M;F<@=&AE(&MI;F0@;F]T+69O<BUP<F]F:70@:&]S=',@870 @=&AE"B`@("`@
      M("`@("`@(%5N:79E<G-I='D@;V8@0F5R:V5L>2X@5VAI8V@ @:7,@=&AE(&5Q
      M=6EV96QA;G0@;V8@9VEV:6YG(&-R961I="!T;R!W:6YD<FE V97(@9F]R(%-O
      D<F5N<R!H87)D('=O<FL@;VX@=&AE($E$12!D<FEV97)S+B` *
      `
      end

    16. Re: What disturbs me about this article... by Anonymous Coward · · Score: 0

      What you're saying is redundant.

      Please, unplug your keyboard (& sh*t th* f*ck *p!)

    17. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0

      If Alice says the weather is cold, and Bob says the weather is hot, this does not make Alice and Bob hypocrites.

      I think you've missed the point. If the above is true, Bob wants to get naked but Alice doesn't :)

    18. Re:What disturbs me about this article... by Anonymous Coward · · Score: 0

      >If you really believe that the Linux community
      >has anywhere remotely near as many ethics abuses
      >as Microsoft, then you seriously need to inform
      >yourself.

      Yet again. A statement of some amorphous fact
      without any proof whatsoever. Good one.

      LOL!

      I think you need to go inform yourself, and have
      your post mod'd to OT - not that I care anyway.

    19. Re:What disturbs me about this article... by mysidia · · Score: 1

      "Redundant" specifically means a post duplicates information or asks the same precise question found in another post and doesn't bring anything new to the discussion.

      A post on the evils of Microsoft windows in reply to an article on ip theft in linux or the general "control of fair use is bad" in a response to a MPAA lawsuit are more offtopic than redundant."

      Certainly, such topics are related, and discussion that slightly digresses from the topic can still be useful.

      Just so long as the offtopic discussion is somehow relevant to the topic and remains interesting:

      In short, I think all the Microsoft bashing is way offtopic -- if anything Microsoft has used BSD license code and done so properly, and suggestions that they might be stealing code completely speculative.. now reading all -that- rubbish is a waste of time.

      There is a point at which offtopic posts should be moderated out.

      On the other hand, posts that respond to Microsoft bashing with a reality check on the matter at hand are in my opinion appropriate. Certainly more so than what they respond to.

      The fact is, the matter at hand is not one of GPL code being stolen and incorporated in proprietary software against the horribly restrictive terms of the GPL, but it one of BSD code being stolen and incorporated into the equivalent of proprietary GPL software, either way, license terms are not followed.

      It is also quite despicable to accuse a company or individual of copyright infringment, particularly an easy target without evidence or having knowledge of it, it would be hypocritical to not then expect the same treatment.

      Commentors here have tried and executed Microsoft with no evidence because they "want to". In part this is linux advocacy, people who will say anything to further their agenda of promoting their pet operating system, up to and including bashing corporations and individuals.

      It just seems to me, that Linux advocacy is not an appropriate response to a report of intentional or accidental wrongdoing by one of its authors.
    20. Re:What disturbs me about this article... by p3d0 · · Score: 1
      On the other hand, posts that respond to Microsoft bashing with a reality check on the matter at hand are in my opinion appropriate. Certainly more so than what they respond to.

      Ok, I'll keep that in mind. Thanks for the insight.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
  67. One question by Anonymous Coward · · Score: 4, Troll

    Why was this guy looking into the Linux source code in the first place? Was he, say, stealing ideas?

    Stop the flames. Of course he wasn't. What got lost in this story is one of the best aspects of open source programs: complete transparency. Microsoft may be using pieces of the Linux kernel inside its own programs and we'll never know. Ever.

    If it was really a copy (we're talking about device drivers and it's very difficult to create original software to describe the same struct) then notice will be given that it was his software.

    And another good aspect: this guys is a programmer that has created open source device drivers for FreeBSD. And he was looking into the Linux kernel sources. Probably looking for his own code (which would make him proud) or looking for the chance to help out fellow programmers or just to compare solutions and learn with it.

    I'm sorry it happened but we should focus on what's good about this story:

    Truth shall set you free.

    1. Re:One question by Anonymous Coward · · Score: 0
      If it was really a copy (we're talking about device drivers and it's very difficult to create original software to describe the same struct) then notice will be given that it was his software.

      Are you stupid or what?

      Of course a notice wouldn't be given.

    2. Re:One question by Anonymous Coward · · Score: 1, Interesting

      He has no IP on that it was reversed engineered anyway!!! Did he invent a thing? - NO

    3. Re:One question by Relic+of+the+Future · · Score: 1
      Why was this guy looking into the Linux source code in the first place?

      My guess is he was thinking "I've spent a lot of time in this field, I wonder how others have tried to solve the same problems I have? Maybe I can learn something, or learn them something." You know, proffesional curiosity.
      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    4. Re:One question by Anonymous Coward · · Score: 0

      I didn't say "would". I said "will". Notice will be given now that the story went public. If it was a copy, that is.

    5. Re:One question by IronChef · · Score: 1

      ...we should focus on what's good about this story...

      That was hilarious. You must be new around here. ;)

    6. Re:One question by Arandir · · Score: 1

      Yeah. Probably the scenario went something like this:

      "I've got a problem with my ATA code. Let's see how OpenBSD does it. Cool. Let's see how NetBSD does it. Hmmm, nice idea there. Let's see how Linux does it... Hey! That's my code!"

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    7. Re:One question by Swaffs · · Score: 1
      "Microsoft may be using pieces of the Linux kernel inside its own programs and we'll never know. Ever."

      That's a good point. A very good point. Microsoft should have all their code audited and/or closed source code should be banned.

      Ok, so maybe banning closed source code is going a little far, but if Microsoft can randomly require ANYONE to prove that they have enough licenses for the computers they're running MS software on, why shouldn't the Open Source community be able to require that Microsoft prove they haven't stolen any GPL'd code?

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    8. Re:One question by rtaylor · · Score: 2

      Wouldn't that prove that he chose the best path in the first place? :)

      --
      Rod Taylor
    9. Re:One question by thogard · · Score: 1

      He also released his IP to the public domain as soon as he published it. Its still not right to remove his name from the source though.

    10. Re:One question by Dwonis · · Score: 2

      Yes. Nobody's saying that his code shouldn't be used, we're (or at least I am) saying that everyone should be properly credited for their work.

    11. Re:One question by thallgren · · Score: 1

      Nope. BSD-licensed source code is not in the public domain.

      Regards, Tommy

    12. Re:One question by njdj · · Score: 1

      Microsoft may be using pieces of the Linux kernel inside its own programs and we'll never know. Ever.

      Not true. Microsoft as a corporation may be an unethical lawbreaker as a matter of corporate policy. But a lot of people work there, and many of them are honest. Ever heard the word "whistleblower"?

    13. Re:One question by Anonymous Coward · · Score: 0

      Possibly because Microsoft haven't signed a license with the open source community. If they HAD then they would be entitled to ask for audits of source code. (Microsoft customers, as opposed to ANYONE, DO agree to potential checks when they agree to the software license)

      For example, why can't I just push my way into your house and demand that you prove where every bit of stuff in the house was bought from, JUST IN CASE some of it is mine, taken in a recent burglary.

  68. Re:The Pot Calling the kettle black by freuddot · · Score: 1

    All the guy is asking is due credit. Reverse-engineering was legal when he did it, and stripping off the copyright notice was not.
    The only one bitching here is you.

    And don't forget that DMCA only apply in the USA. Reverse-engineering is still legal almot everywhere else... ;-)

  69. I lied! by John+Harrison · · Score: 1

    My mistake. The license used was the modified BSD license which is GPL compatible. http://www.gnu.org/licenses/license-list.html

  70. Unbelievable by way0utwest · · Score: 1

    You whiney, cheating, stealing programmers ought to be ashamed.
    You want people to take your Open Source stuff, use it and then redistribute all code. You want the GPL to rule and code to be free.

    Soren is giving the code away. He just want's credit. The developers of Apache, the Kernal, etc. all give their code away, but THEY WANT CREDIT. These guys all use this to cash in and get jobs writing more code, supporting people, etc. BUT THEY GET THE CREDIT.

    You assholes make me sick. If you want to GPL your code and give it away, fine. That's your choice. If you want to resuse BSD or other code, fine. But taking credit for it as your work IS NOT!!!

    1. Re:Unbelievable by Anonymous Coward · · Score: 0

      Who are you talking to?

  71. Re:Er... (BSD License vs the GPL) by thedward · · Score: 1

    What I meant (really... errr ;) to say was that it wouldn't be a license violation if they hadn't removed the copyright notice. Consider me now properly educated on the matter.

    --
    Remember, no matter where you go, there you are.
  72. Re:The Pot Calling the kettle black by quartz · · Score: 1

    Yeah, tell that to Dmitry Sklyarov.

  73. Falls under Fair Use by Scott+E.+Johnston · · Score: 1

    It seems the original BSD author had a fair-use right to reverse engineer the data-structures, and the Linux authors had a fair-use right to use his work without preserving the copyright. Why? Because you can't copyright a simple list of facts, and if you do, others can use it under fair use. For example, the list of names and numbers in the phonebook are available to anybody to republish without crediting the original compilers, because of fair-use (or at least things used to be this way with copyright law, and why push things the other way?).

    1. Re:Falls under Fair Use by way0utwest · · Score: 1

      What a dumb comment.
      Reverse Engineering is not about displaying facts, it is interperting the operation of an item by observing the reults. Or decompiling and re-writnig the operation. in your own words.

      This was not a list of facts that Soren copied. This was his IP and he should get credit.

    2. Re:Falls under Fair Use by Scott+E.+Johnston · · Score: 1

      Sure, reverse engineering can yield more than an interface definition, but it seems this reverse engineering activity did nothing more than that. If it is anyone's IP it is the IP of the original engineers of the device. But why go there? An interface like this is a simple statement of fact (one that the original engineers could have published), and in my opinion is protected by fair use (and in the opinion of the courts as long as you leave DCMA out of the picture).

    3. Re:Falls under Fair Use by Anonymous Coward · · Score: 0

      I have to agree with Scott here, copyright law
      holds that you cannot copyright factual information, only creative works, and the data structure that he is talking about is determined by the hardware, the BSD guy didn't create it.

    4. Re:Falls under Fair Use by Anonymous Coward · · Score: 0
      Headers can be copyrightable. Since making these headers involves work, and the resulting work is information, and given the _nature_ of the work, it _is_ intellectual property. As is common with files describing data structures, there are descriptive names and enumerated values that provide documentation. Clearly you'll accept documentation as a form of IP, if you reject the data structures themselves (which I wouldn't, being the result of intellectual _work_, for those of you who even believe in the concept of IP).


      Phone book indeed.

    5. Re:Falls under Fair Use by Anonymous Coward · · Score: 0

      I guess you just passed IP Law 101. Ugh.

  74. Why was he reading the Linux kernel? by mocm · · Score: 0, Flamebait

    Another question is why BSD people read the Linux kernel sources? The 2.4.10 kernel is pretty knew and I haven't even compiled it yet, so why are they so quick to read it. I haven't looked at BSD for a long time, except when we heard that they had a driver for bt848 cards and we found that some parts were very similar to ours, but maybe they used the same data sheets.

    Marcus

    --
    ***Quis custodiet ipsos custodes***
  75. Red Hat source - who is "Arjanv" ? by Gothmolly · · Score: 5, Informative

    Here is the location at RedHat where you can get the code and patch. Link found on The Linux IDE Project Site

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Red Hat source - who is "Arjanv" ? by ComputerSlicer23 · · Score: 5, Informative
      His full name is listed in the comments:

      Arjan van de Ven

      Notice also that it appears that the code has been updated to include the proper copyright and notices on the site. Read the diff, and the source all of the stuff has been added. It appears that it should be in compliance with the BSD license now.
    2. Re:Red Hat source - who is "Arjanv" ? by Anonymous Coward · · Score: 0

      Obviously, Arjan van de Ven

      It's plain as day if you look in the ataraid.c source.

    3. Re:Red Hat source - who is "Arjanv" ? by Anonymous Coward · · Score: 0

      http://www.google.com/search?q=Arjan+van+de+Ven

  76. shouldnt the BSD people be supporting linux anyhow by Anonymous Coward · · Score: 0

    ....you know, since BSD itself is dead?

  77. Re:Yeah but BSD stole its TCP/IP stack! by Mayflower · · Score: 0

    You are a sick bastard, egg troll.

  78. A real crime by Quixadhal · · Score: 1

    The sad thing about this is that we're NOT talking about a traditional closed-source vendor sneaking away with a chunk of cheese from their rivals and offering it up as their own.

    If you use a piece of free software as a part of your own development, does it really hurt your profits that much to admit it? I don't blame them (RedHat) for using perfectly good code, but who decided to blow the headers away?

    Back in the good(?) old days of DikuMUD, you not only had to leave headers intact, but you had to show the developers names in the login screen. How would any linux developer like to have to display a nice screen of hundreds of names before their logo came up?

    Leaving a copyright notice intact seems like a pretty small price to pay for avoiding months of development time spent on solving a problem someone else already solved. Get a clue RedHat. Your attitude only goes so far...

    1. Re:A real crime by Anonymous Coward · · Score: 0

      And back in the good old days of AberMUD, you had to do that too. And guess who one of AberMUD's developers was? Alan Cox. Yes, THAT Alan Cox!

  79. Haven't we seen this from M$ already? by rudog · · Score: 1

    IIRC there was a slashdot post about winME using the bsd tcp/ip stack M$ got from purchasing WhiteRiver (or something like that)

    Yet I haven't seen their EULA giving any kind of credit for it to the BSD community.

    Aren't these the same issue?

    1. Re:Haven't we seen this from M$ already? by Anonymous Coward · · Score: 0

      Shut up, you clueless, ignorant linux nazi.

    2. Re:Haven't we seen this from M$ already? by Anonymous Coward · · Score: 0
      Don't change the subject, jerky. A Linux company screwed up, got caught and deserves the same scorn you would heap if this were Microsoft. Call me a pessimist, but I doubt that's forthcoming.

      *cough*hypocrite*cough*

  80. Re:The Pot Calling the kettle black by Philbert+Desenex · · Score: 2

    Besides, didn't the DMCA outlaw reverse-engineering?

    Definitely not. First, reverse engineering is entirely legal: Sega Enterprises Ltd. v. Accolade, Inc., and Atari Games Corp. v. Nintendo of America, Inc. I know there are several more cases involving reverse engineering of boat hulls and other, more tangible things.

    As I understand it, the DMCA outlaws things like making and distributing tools for encryption circumvention. Reverse engineering in and of itself isn't made illegal, just the tools to do so.

  81. Re:Yeah but BSD stole its TCP/IP stack! by Mayflower · · Score: 0

    Ahhh. I see that link was just part of your sig.

    Do tell. How is it that BSD got it's TCP/IP stack from DOS. This should be a good one.

  82. Re:Mod This Up! by Anonymous Coward · · Score: 0

    Just press Refresh and it'll repost the form data.

    Hope this helps!

  83. Re:Are you sure it is a RedHat Employee by robvasquez · · Score: 0

    I'd love to work at RedHat, or another linux company. Wait...I play with Linux all day right now at work...but I don't get paid for it....well, I guess I do....arggh

  84. Copied? by Todd+Knarr · · Score: 2, Insightful

    The structures do look similar, and if the Linux headers were copied then I hope they smack the guy responsible and reinstate the copyright notice. If the files were cut-n-paste copied it should be possible to nail this down, and copying something this cut-and-dried is stupid enough to merit a serious LARTing.

    OTOH, if you give two programmers the same specs for a data structure and they have to follow the same coding and indentation style, you're likely to get two very similar structures, right down to the names in obvious cases, even if they don't copy each others' work. The fields themselves have to be specific types in a specific order because that's the way it's laid out on disk, and the coding style's pretty much fixed by the Linux kernel coding standards, and things like dummy_1, dummy_2 for filler fields are pretty standard (those're what I'd pick without seeing any other code, for example), how much variation in the structures is actually possible?

    For a real-world example, look at any two independent implementations of the CRC32 algorithm. They're probably identical in everything but some variable names and indentation, because there's only one really fast way of writing that algorithm and everybody uses it automatically. Nigh-identical code, no copying done or required to get it.

  85. A hypothetical. by supabeast! · · Score: 2

    -Disclaimer: This is a hypothetical question, and I am not claiming or implying any impropriety on the part of Soren or the Linux kernel authors involved.-

    What if the code was developed separately and just happened to come out the same? While such a thing is possible, is it at all likely? Could two programmers who went through the same computer programming programs at school, or use ideas and styles derived from the same O'Reilly books, develop very similar coding styles and end up hacking out code that was verbatim if they were both working on the same thing in different locations and did not know it?

    Just a thought.

    1. Re:A hypothetical. by Anonymous Coward · · Score: 0

      This has happened, in economics.
      Keynes wrote some great treatise on macroeconomics. Unfortunately, some poor Polish schmuck wrote a VERY similar book in Polish. They were done independently, but Keynes is an economics demi-god, while Polish Schmuck (tm) is forgotten.

    2. Re:A hypothetical. by Buzzwang · · Score: 1
      It's possible but unlikely that two different programs, even with duplicate backgrounds & books & learning, would write almost line for line duplicate code. This mostly comes down to how each person thinks, what shortcuts or programming tricks each person knows, etc.

      Back in the day when I used to write a lot of stuff in basic for Apple II systems, we'd have races or games. 2 or 3 guys would be given a simple task to code and 5 minutes to do it. The guy with the shortest time & shortest code that met the objectives won. I won about 40% of the time simply cause I couldn't think 'small' enough. I'd write 16 or 20 lines of code, a buddy of mine almost always had 12 or less for the same job. He and I learned together from the same books and software and such, but it all came down to how each of us think, how each individual goes about problem solving.


      So, could two people almost duplicate the same code at the same time? Yes, sure. Is it likely to happen? Not really. I'm not saying it's impossible, just highly improbable.
      So understanding that, I'd agree that the code was used without giving credit where credit was due. I've read the comments about the phone book and stuff, but the yellow pages doesn't have a copyright on it. From what I understand, this code did and under license that copyright notice has to be included with the code. It doesn't have to be mentioned or anything, but the file simply needs to exist on the cd or hard drive or whatever with the code. Simple. Why they chose not to include it is anyone's guess.

      --
      Things you can say to your dog that you can't say to a girl: "How about a nice bone?"
    3. Re:A hypothetical. by mocm · · Score: 1

      If there had been some kind of data sheet for the hardware it could be very likely, at least in the header file. If they somehow both took it from say the closed source driver of another OS by reverse engineering, it is still likely, although much less.
      So lets say the BSD driver was first and there is no
      documentation. Should I ignore the source code and start reverse engineering myself, or should I look at the source code and base my driver on that? The latter seems to make more sense. In that case, keeping the header file mostly unchanged is very likely and makes sense. The driver would of course be different since the OSes are different.
      If I took it from BSD source I should mention the author for his help, but why should I set it under his license. This is the way the hardware works, there is no other way, you can't really write it much differently. My guess is that BSD authors have done and will do the same thing.
      The only bad thing is if you don't mention the original author at all. Why do you think BSD people look at linux code and Linux people look at BSD code. To see how it is done. That is sometimes the only way if the hardware manufacturer doesn't give you any specs. But this leads to better drivers for both OSes.
      So look how it's done and give credit where credit is due and don't overreact.

      This is only valid for device drivers though, as soon as you come into the area of API design and above it becomes a different game because here you have a choice. It is no longer unbendable hardware you are working with.

      Marcus

      --
      ***Quis custodiet ipsos custodes***
    4. Re:A hypothetical. by wetdogjp · · Score: 1

      Yes, that's possible. But 10,000 monkeys banging on typewrites *could* have come up with Shakespear, and it didn't happen.

      I could see it being feasible if the code was simply a couple of lines wrong, but writing entire device drivers that look that much alike is going to be too far against odds.

    5. Re:A hypothetical. by Anonymous Coward · · Score: 0

      So here is my "hyphothesis" for you:

      Suppose someone has studied in the same schools you had, worked in the same company.. and he has the same interests you have.. kind of a counterpart of you.

      Suppose also that you only meet with this nice guy when you get fucked by him.

      How would that be?

      Just a thought..

    6. Re:A hypothetical. by dcs · · Score: 2

      You should keep the copyright there because the copyright is there. That's the law. If you do not want to keep the copyright, you may rewrite the file. There are many things that would change: identation, variable names, naming conventions (use of underscore, upper/lower case, noun/verb order), structures that are used by the _driver_, instead of being things that a read/written from the hardware, placement of comments, style of comments, number of comments, content of comments, wording of comments, order of definitions in the file...

      Just because the header file is used for some kind of hardware doesn't mean, _at all_, that they will look alike. Why don't you look at header files for the same device that do not share code between Linux and FreeBSD? As a matter of fact, why don't you look at the same header file on different versions or different drivers for the same hardware on the same operating system?

      --
      (8-DCS)
    7. Re:A hypothetical. by Anonymous Coward · · Score: 0

      Geez.. It was only 2 structs, not the whole driver. It's more of a hardware documentation than source code. Come on! The FreeBSD guys stole the init code for the bttv driver and the Linux guys didn't bitch about it.

    8. Re:A hypothetical. by mocm · · Score: 1

      Ok, he was really stupid. He should have changed the names. But we found some structures in the BSD bttv driver that were exactly the same as in the linux drivers (which came out a couple of months earlier).
      I don't know if they still are, probably not. I don't have any BSD sources. But it's no reason to complain in such a way. The similarity may even help both sides. It's not like adapting it to Linux is no work. The BSD driver just made it a little easier.
      And now all the linux user will also test the BSD driver in some way.

      Marcus

      --
      ***Quis custodiet ipsos custodes***
    9. Re:A hypothetical. by Anonymous Coward · · Score: 0

      OH Ive got one..
      If a tree falls in the forest and no one is around to hear it does it still make a noise?

    10. Re:A hypothetical. by brink · · Score: 2
      To answer the question, "Yes."

      A friend and I were working on a project for a networking class -- the project was to code a simple client/server application. We talked a bit about how we would implement the assignment, then sat down at separate terminals to code.

      He finished 5 minutes before me. His code ran perfectly, mine didn't. When we compared our two source files to figure out what was wrong with my code, we were amazed to see that they were identical in every way, except I had misplaced a curly brace.

      I mean, even the variables were named the same.

      In short, yes it is possible. Hard to say what the case is here, though.

      --
      - Jonathan
    11. Re:A hypothetical. by Anonymous Coward · · Score: 0

      Suppose this scenario, two people are writing a device driver for a peice of hardware the requires the use of 2 certain structs. Woah nellie there's a mighty good chance both drivers will have these same structs, becuase like in order for the driver to work it has to be there, woohoo yay.

    12. Re:A hypothetical. by Anonymous Coward · · Score: 0

      Except that in my case all my proffesors could ALWAYS tell my code from other peoples... cause I never followed the standard variable naming conventions...

  86. Stripping off copyrights sadly common by mikosullivan · · Score: 4, Interesting
    W/o implying that the Linux folks had any innappropriate intentions, stripping off copyright notices is sadly common.

    I write and run the Idocs Guide to HTML which contains a lot of JavaScript. I give away the JavaScripts for free, asking only that the copyright notice be kept in place. The copyright notices are in the JavaScript comments, so there's no effect on the user-interface. Nevertheless, I have seen many places where my scripts are used but the copyright gone.

    One person even asked for help on using a script while blatantly refering me to a page where the copyright was gone. Sheesh.

    --
    Miko O'Sullivan
    1. Re:Stripping off copyrights sadly common by frankie · · Score: 2

      On the other hand, there are instances where separate people can come to the exact same solution independently. On the grand scale, you have Newton and Leibniz co-inventing Calculus. On the small scale, you have (for example) me and someone at Volkswagen writing the exact same select-box navigation script.

      Theirs: function lnav(selname)
      {
      var selected = selname.selectedIndex;
      var url = selname.options[selected].value;
      selname.selectedIndex = 0; // Added 12.15.99
      if(url)
      location.href=url;
      }


      Mine: function jumpto(selector) {
      var the_url = selector.options[selector.selectedIndex].value;
      selector.selectedIndex = 0;
      if (the_url) window.location.href = the_url;
      }


      In some situations, there really is one best way to do certain things, and coders may well converge on a solution.

    2. Re:Stripping off copyrights sadly common by Anonymous Coward · · Score: 0

      Your two examples are "exact same" in almost the same way that the RAID headers aren't.

    3. Re:Stripping off copyrights sadly common by Anonymous Coward · · Score: 0

      Please -- I would hardly call using the documented API in a 3 line script to get the value of a select and stick it somewhere "converging on a solution". It IS the solution.

      Admittedly, there's lots of HTML doodz that would have to copy-n-paste that script from somewhere, but it's not Calculus by any means. It's like saying that we independantly converged on the fact that 2 plus 2 equals 4.

    4. Re:Stripping off copyrights sadly common by dstone · · Score: 2

      Any chance you violated Volkswagen's copyright by posting their code here?

    5. Re:Stripping off copyrights sadly common by Anonymous Coward · · Score: 0

      Not a chance... For starts it isn't IP as it is common enought stuff... and for ends it is what it's called "critical reference" (or something like that). Check your attornies... hehehe if you wanna pay the bill...

    6. Re:Stripping off copyrights sadly common by Arandir · · Score: 1

      Yet the majority of people will to the right thing. I have my own name in the list of credits for two projects which I have never worked on, solely because those project borrowed some of my code. I didn't ask them to, they just did it because it was right.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    7. Re:Stripping off copyrights sadly common by mikosullivan · · Score: 2

      You're absolutely right, of course. Thanks for the reminder that most people are ok.

      --
      Miko O'Sullivan
    8. Re:Stripping off copyrights sadly common by Anonymous Coward · · Score: 0

      I agree. Javascript sucks. Java sucks even more.

    9. Re:Stripping off copyrights sadly common by julesh · · Score: 1

      I have to say, I can see the point behind stripping off the copyright in javascript, particularly if it is lengthy (as the UCB copyright notice is) because it will cause slower downloads. If I were to do this, I would usually do something like:

      .txt -->

      near the top of the file.

      The problem is that folks are starting to expect html pages to download and run as soon as they click the button... :-(

    10. Re:Stripping off copyrights sadly common by julesh · · Score: 1
      Damned thing stripped out my html comment, despite having it set to say I was in text :-(

      What I meant to say was: <-- for copyright info see: <somefile>.txt -->

  87. LOSERS the end is neigh by Anonymous Coward · · Score: 0

    LINUX IS DEAD get over it

  88. Indemnity arguments by Anonymous Coward · · Score: 0

    This is exactly what Linux's detractors pointed to as a weakness a few years ago - SCO was one of the big bullies on this one.
    Essentially, they argued, who is responsible if someone rips off code and puts it in Linux? What protection does the end user have?
    So this is a test. Just be very thankful that the code was ripped off from someone friendly to the cause.

  89. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    Scarily, there really is a patch to run a perl interpreter in linux kernel space. There's also a kernel space CORBA ORB and web server, and a patch to let you right user-space filesystem handlers (kinda like an amiga) in perl and several other languages

  90. Fair Use by Scott+E.+Johnston · · Score: 1

    It looks like the header file in question is a factual list of the interface to this device discovered by reverse engineering, and its creation and reuse by both the BSD and Linux programmers should fall under the fair-use clause of copyright law. It might be plagiarism to not give credit in the derivative header files, but the Linux programmers would not have been required to preserve the copyright notice in this case.

    1. Re:Fair Use by Strog · · Score: 1

      It's still stealing his work though. Nothing should stop the RH guys from reverse engineering it themselves. They can retain the coyrights for their implementation.

    2. Re:Fair Use by Anonymous Coward · · Score: 0

      What a waste of time... If it's already been reverse engineered, then it would be a serious waste of money to reverse engineer it again. Besides, headers aren't really code. They don't do any work, they just describe the interface. It's really bad programming to put code into headers. Headers should be nothing more than a struct that describes the hardware interface, and some #defines for the hardware address offset or register names, etc. On the other hand, if this header describes a library interface, it might be possible to consider it copyrightable, but it would be a stretch. Headers just define the interface layout, and according to copyright law, variations in layout, typeface, or capitalization cannot be copyrighted.

  91. IP theft is a bug too by stud9920 · · Score: 2, Interesting

    Well, IP theft could be considered a kind of bug. This is kind of yet another proof open source software is great : like any other bug, it was eventually detected by someone competent about the subject (being ATA here), and is now being fixed.

    It would never have been detected in the first place in closed source software. Not even by reverse engineering (illegal in the US thanks to DMCA) as copyright notices reside in uncompiled comments.

  92. Re:The Pot Calling the kettle black by Keith+Russell · · Score: 2
    Okay, so Søren reverse engineers the proprietary data structures...


    Reverse engineering is a widely accepted practice in scientific endeavour. How else do you think StarOffice can even attempt to read Microsoft Office documents? This is one of many reasons that the DMCA has been declared evil and rude by everyone not affiliated with an organization with "Artists Association" in their name.

    ...and then bitches when his work is ripped off...


    Key words: His work. Work that was claimed by someone else with a few simple keystrokes. This is unacceptable behavior, Open Source or not. Open Source must insist upon honor among thieves* to be viable and credible.

    *: Imagine <sarcasm> tags around that phrase. Reverse engineering is only theft if you actually think the DMCA has any merit at all.
    --
    This sig intentionally left blank.
  93. Two questions by WillSeattle · · Score: 1

    1. Is this a case of a lift or merely a reverse engineer from the original structs for the devices? Could it be that both this person and the kernal koder read the same docs and specs? Or could someone have read his spec and then a kernal koder did a clean room create by asking questions of the person who read the spec. Both are protected uses, and MSFT uses similar things all the time.

    2. Is it possible the kernel koder saw a non-copyright version of the code passed thru another hand, from when this person was working on the first set of code and passed it around for comment? If so, while there is implicit copyright, there is not declared copyright, and this is more an oversight than a theft.

    --
    --- Will in Seattle - What are you doing to fight the War?
    1. Re:Two questions by kkenn · · Score: 1

      No, it wasn't just data structures and variable names, but *comments*. Check the files yourself from the links in the story.

  94. Should't assume malicious intent by Xylantiel · · Score: 1, Flamebait

    License details are complicated, and certainly the last thing you want to worry with when you're trying to get code working. One would figure, BSD, linux, they're both open source, should be ok, just stick it in and work out the license thing later. And then you never get around to working out the license thing. (Which I assume means contacting the original author and saying "can you make this GPL for us Pleeeese?") I think I may have even done this once because I was unsure of the original program's license (this dual-licensing and related license stuff can really confuse things), I should check.

    I admit, though, that removing the copyright all together isn't the smartest temporary solution to the BSD-GPL conflict, but I can see how it might have seemed reasonable at the time (after too much coffee and 24hrs of banging your head against an undocumented interface, as this apparently is.)

  95. How can this be an accident? by sterno · · Score: 1, Redundant

    If he cut and past the code into there he had to know that the licenses are completely incompatbile if he did include the copyright. He didn't include the copyright and hoped nobody would notice.

    The only right way to solve this is have somebody re-do that part of the kernel or work with the original developer to ask him to license that code to the Linux Kernel effort as GPL. Hell he might have been willing to do that if somebody hadn't gone out and stolen it outright.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:How can this be an accident? by kilgore_47 · · Score: 1

      If he cut and past the code into there he had to know that the licenses are completely incompatbile if he did include the copyright.

      bah! you are wrong!

      the liscenses are enitrely compatible!
      all he needed to do was include credit where credit was due!
      just a few lines of comments saying where the code came from!

      the FSF is makes it clear that the GPL can be compatible with the revised BSD liscense!

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    2. Re:How can this be an accident? by Anonymous Coward · · Score: 0

      It's not that you have to include a few lines indicating where it came from, you have to include the full text of the copyright. And the code doesn't lose the copyright status that it had, just because some loser decides to include it in a piece of GPL-ed software.

  96. Reverse engineering, plagiarism, and theft by Old+Man+Kensey · · Score: 5, Informative
    none2222 wrote:

    Okay, so Søren reverse engineers the proprietary data structures developed at great cost by corporations, and then bitches when his work is ripped off by one of his fellow Open Source travelers. Give me a break!

    First, what Soren did was not plagiarism (claiming another's work as his own) nor theft (stealing another's property). He just made a part that works as a replacement for a factory part, much like the thriving parts industry in the auto world.

    What Red Hat's developers did wasn't "theft", since they were not required to have permission to use or modify and re-release the code. It was plagiarism -- essentially they took some of Soren's parts (which were free for the taking), filed off the serial numbers, then stamped their own on.

    It's not illegal to sell someone else's parts if you acquired them legally, but it is illegal to claim them as your own make without permission, regardless of how they were acquired.

    The only place Soren might have problems is if the driver algorithms were patented, and even there drivers exist in a world of murky law apart from applications. I seem to remember some abortive efforts by sound and video card manufacturers to squash third-party open-source drivers that got such negative press reaction that they were abandoned.

    --
    -- Old Man Kensey
    1. Re:Reverse engineering, plagiarism, and theft by AndrewHowe · · Score: 3, Insightful

      "It was plagiarism -- essentially they took some of Soren's parts (which were free for the taking), filed off the serial numbers, then stamped their own on."
      I can't agree with you here. Søren's code was not free for the taking. If it was in the public domain, it would be free for the taking. But this code was not in the public domain, it was distributed under the BSD license. It's only free to use if you abide by the terms of the license!
      Imagine the uproar if I went around using GPL'd code in my proprietary applications, as if it was "free for the taking"!

    2. Re:Reverse engineering, plagiarism, and theft by Old+Man+Kensey · · Score: 2
      AndrewHowe wrote:

      I can't agree with you here. Søren's code was not free for the taking. If it was in the public domain, it would be free for the taking. But this code was not in the public domain, it was distributed under the BSD license. It's only free to use if you abide by the terms of the license!

      OK, I was a little unclear. By "free for the taking", I meant "explicitly allowed to be used, modified and redistributed with only minimal requirements." I still consider something "free" even if I'm required to credit the author, because that's such a vanishingly small requirement that I'll hardly notice the impact in terms of time and effort.

      Even in the absence of the BSD license, this would still be plagiarism -- if something is not explicitly declared public domain, you can't just use it as your own whether you know who owns the rights to it or not. In an academic setting, even claiming public-domain stuff without distinguishing it from your own work will get you in trouble if you're caught.

      --
      -- Old Man Kensey
    3. Re:Reverse engineering, plagiarism, and theft by AbsoluteRelativity · · Score: 1

      I agree with you in most part but you sort of contradict yourself here

      It's not illegal to sell someone else's parts if you acquired them legally, but it is illegal to claim them as your own make without permission, regardless of how they were acquired.
      Like aquiring via reverse engineering? I know that its not illegal to use reverse engineering to make something compatible. But I have to question of whether Søren actually owns the structures or not, I dont believe he does own them, but then again I only believe in 'Intellectual property' as being a property of the media (and the media the property of whom ever posseses it) not the creator. I do think Søren should recieve some credit for his part (a bibliography of sorts), but only on the level that not only credit but also a path from which the knowledge came about (history) so that those doing research may learn from the source, I dont like copyrights, I dont think its governments place to force people how to think. I think copyrights are the exact reason why no one gives anyone else credit, for example if I dont like the BSD license, I am more likely not to give credit to the author because that could make me liable to release the code I created under BSD license, plus there are issues of having pieces of code being one license and other pieces of code in other licenses. It sounds like a horrible mess to me. If we didnt have copyright licenses or restrictions on reverse engineering, people would be more willing to document their sources because there would be no liability in doing so (like forcing confessions). I dont mean to sound arguementative but this is how I see things.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    4. Re:Reverse engineering, plagiarism, and theft by cjsnell · · Score: 1

      Heh, this reminds me of a scene from an old Cheech and Chong movie. Cheech had stolen a slot machine and taken it home in his van but he went inside the house for a few minutes and returned to find it stolen yet again.

      "Hey man, they ripped off the thing I ripped off!!!"

  97. The community at large... by segfault_0 · · Score: 1

    The reason that this should be treated differently from that of say a Microsoft is because the fact is the code is only a small component of a larger project programmed by many authors in the same spirit that the BSD code came out of. They are not trying to profit from the code nor should the acts of 1 individual adversely affect a large conglomerated project such as Linux.

    --

    I was crazy back when being crazy really meant something. (Charles Manson)
  98. Linux-Kernel Mailing List Info by Anonymous Coward · · Score: 0, Redundant

    And just so people know where to throw their flames to:

    linux-kernel@vger.kernel .org

    You don't need to be subscribed to the list to successfully send stuff to it, so post away!

    If you actually do want to subscribe to the list send a message to majordomo@vger.kernel.org with the following in the body:

    subscribe linux-kernel malda@slashdot.org

    where malda@slashdot.org will be replaced by your email address.

    An archive of the list can be found at http://boudicca.tux.org/hypermail/linux-kernel/

    Hope this helps!

    1. Re:Linux-Kernel Mailing List Info by Anonymous Coward · · Score: 0

      Good post, I've already used that address to tell them what I think of their license violations. Maybe if we all do it they'll think better next time!

      The trouble is that the 'heads' of the 'open-source commmunity' think that they can get away with anything and no-one will complain. Even to the point of screwing the small developers around for their code.

    2. Re:Linux-Kernel Mailing List Info by Anonymous Coward · · Score: 0
      An archive of the list can be found at ...


      That link hasn't worked for a while now. Try
      http://uwsg.iu.edu/hypermail/linux/kernel/.

    3. Re:Linux-Kernel Mailing List Info by Anonymous Coward · · Score: 0
      Please be sensible about what you send to this mailing list. It's not for random stuff, it really is supposed to be a serious list discussing the kernel, and is quite high-volume as it is, so don't just blast your way in and start DDOSing all the subscribers with comments.

      Thank you.

  99. The cruel, cruel irony by JWhitlock · · Score: 1
    If Søren Schmidt had gotten due recognition by the copyright being attached in the first place, then few would know of his contribution, and less would know that it was due to a good deal of reverse engineering (i.e. "Real Work").

    However, since he wasn't recognized in the first place, now everyone at Slashdot knows who he is, knows what he did, and feels a little debt of gratitude toward him.

    Lucky for the guy at Red Hat, he just took off the copyright rather than claimed it as his own...

    BTW, to type the character ø in HTML, type "& # 2 4 8 ;", but without the quotes or spaces (another thing I wouldn't have known without somebody screwing up...).

    1. Re:The cruel, cruel irony by Anonymous Coward · · Score: 0

      Just because *you* didn't know who S&#248ren Schmidt was doesn't mean that only a few did.

    2. Re:The cruel, cruel irony by JWhitlock · · Score: 2
      Just because *you* didn't know who Søren Schmidt was doesn't mean that only a few did.

      Checkmate! I lose! But wait...

      Just because *you* knew who Søren Schmidt was doesn't mean that he's widely known.

      Ah-ha! It's a draw!

      But seriously, as important as due credit is, the more popular Linux and the rest get, the less recognition the "known heroes" will get for their code work, relative to how much it is used. Not that it will stop them, just make them more bitter toward the lusers...

      Perhaps we need to erect the "Memorial to the Known Programmers", something like the Vietnam Memorial where the names of contributers of open source code can get their name in stone. It may end up being a monstrous and impressive list, or just a cool t-shirt.

    3. Re:The cruel, cruel irony by Anonymous Coward · · Score: 0

      Just because *you* knew who Søren Schmidt was doesn't mean that he's widely known.

      Doh!

      I'm giving up. I know when I've been beaten!

      :-)

    4. Re:The cruel, cruel irony by JWhitlock · · Score: 1

      Personally, I call it a draw. Good game.

  100. the more succesful linux gets by Anonymous Coward · · Score: 0

    the more clueless developers it will attract
    better get used to it
    the best way to handle such people is to insult them and their mother, mailbomb them, subscribe them to gay porno mailing lists and post their personal info on weblogs with the added note: "idiot"

  101. Linux-Kernel Mailing List Info by Anonymous Coward · · Score: 3, Informative

    Then tell them that on the linux-kernel mailing list:

    linux-kernel@vger.kernel .org

    You don't need to be subscribed to the list to successfully send stuff to it, so post away!

    If you actually do want to subscribe to the list send a message to majordomo@vger.kernel.org with the following in the body:

    subscribe linux-kernel malda@slashdot.org

    where malda@slashdot.org will be replaced by your email address.

    An archive of the list can be found at http://boudicca.tux.org/hypermail/linux-kernel/

    Hope this helps!

  102. Big Deal by Anonymous Coward · · Score: 0

    Quite Yer Bitchin

  103. Does it? by mikey504 · · Score: 1

    This is an interesting question. I would think that source code (even just headers and data structures) would be considered more than just a "list of facts". I think you're right that we may not want to dig too deeply here, or we may end up establishing some legal precedents that will hurt the open source community in the long run. It seems like it is in the best interest of all parties concerned to settle this outside the court room.

    I wonder whether this copyright omission ocurred as a simple oversight or if it is a manifestation of Red Hat's need to "brand" themselves. Life as a commercial entity with a responsibility to shareholders creates a lot of pressure. I hope Red Hat remains successful at balancing that pressure against the needs of the community.

    As we've seen with the failures of some other companies, it's a tough job.

  104. Re:My Experience With Linux by The+Axe · · Score: 1

    I am definately not a "genius" in the Linux community. I am merely pointing out what is wrong (or could be wrong or isn't valid or whatever).

  105. antecdotal evidence by Anonymous Coward · · Score: 0

    Why bother to provide antecdotal evidence.

    I recall, for example, a murderer was caught,
    but was later found innocent because the
    glove didn't fit...

    Yeah, let's look at the facts at *this* case please...

  106. Linus is to blame by Anonymous Coward · · Score: 0

    Why don't someone pay Linus some more money so he can check this up beforehand.

    sorry, just kidding

  107. Yeah, but what was he doing snooping around... by PsychoKiller · · Score: 0, Troll

    in the Linux kernel source. I bet he was trying to steal code for FreeBSD!

    1. Re:Yeah, but what was he doing snooping around... by Anonymous Coward · · Score: 0

      Oh no doubt, just look at all BSD has inherited from GNU systems. KDE, Gnome, GCC, the Gimp, and so on. Oh as much as they bash us they love us something awful. If it wasn't for Linux, GNU, EFF, and so on BSD would just be another Unix and yes you can quote me on that.

  108. Er, I thought the BSD license permitted this... by weave · · Score: 3, Interesting
    Isn't the big thing about the BSD license is that it doesn't suppose to have restrictions like this? As in, any company can take the code, wrap it into their own code, and not pay, give credit, whatever?

    If so, then nothing wrong has occured. It can also be recopyrighted under GPL. Don't like it, just copy and make use of the original BSD one that doesn't have that restriction.

    I don't see Microsoft making the source for BSD bits they lift available for others, nor do they have to. BSD allows you to do whatever you want with the code, including sell it, right?

    This isn't meant as a troll, if I'm mistaken, let me know. I'm just interpreting the numerous open-source vs free-source, BSD-vs-GPL flame wars that have been going on here forever...

    1. Re:Er, I thought the BSD license permitted this... by sgifford · · Score: 1

      License and copyright are different. The BSD license allows the code to be used anywhere with a few conditions, but the copyright is always owned by the original author unless they assign it to somebody else or put the software in the public domain.

      One of the conditions of this license is that copyright notices on code must be preserved. Apparently they weren't, which is the issue.

      BSD code can't be "recopyrighted" under the GPL, but it can be "relicensed" under the GPL as long as all of the original license provisions are met.

      The bottom line is that, from what I've seen so far, it looks like if the copyright notices were put back into the code, everything would be hunky-dory.

    2. Re:Er, I thought the BSD license permitted this... by Fly · · Score: 1
      No, the BSD license requires propagation of the copyright information attributing the code to BSD. This is from the license:
      1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

      end of line

      --
      end of line
    3. Re:Er, I thought the BSD license permitted this... by weave · · Score: 1
      Thanks for the replies. I stand corrected. Can't believe I mixed up license and copyright.

      Just give me the tithead of the day award... :)

    4. Re:Er, I thought the BSD license permitted this... by Anonymous Coward · · Score: 0

      Just having a quick look around, it seems unlikely that you'll be getting it today!

    5. Re:Er, I thought the BSD license permitted this... by Stonehand · · Score: 1

      Well, that, plus all the responsible programmers should be fired immediately. And, perhaps, have their names publicized in connection with this incident...

      --
      Only the dead have seen the end of war.
  109. Linux lovers by Anonymous Coward · · Score: 0

    Guess why the highest score I've had on these silly slashdot threads was "1 (Troll)"? People here ONLY know Linux and Windows, and so they think everything runs around these wonderful plataforms, and everything that bashes their nice choice can't be good.

    Now you brainiacks should think about a new world - a RETRO WORLD, where people run the old-fashioned, yet technically more advanced, BSD oses.

    BSD people are proud about their licensing model, just because they know about what its license is all about. Linux people use GPL because it's supposedly cool.

  110. Bill? by Anonymous Coward · · Score: 0

    I thought Bill wasn't in charge of Microsoft anymore? Isn't it that fat gorilla guy?

    1. Re:Bill? by vrt3 · · Score: 1

      He's not the CEO anymore, but he's still chairman of the board and chief software architect.

      --
      This sig under construction. Please check back later.
  111. Re:Bullshit by ctimes2 · · Score: 1

    The Linux community has time and again proven that they are all about giving credit where credit is due. Many are passionate about this fact. I expect (as I'm sure everyone else does) that this is a problem that can be worked out to the satisfaction of all involved. This is a trust Linux has built over the years.

    That one set of rules exists - we judge the actions of companies, projects and individuals based on their past actions. So far, the Linux community has done nothing to lead us (including you) to believe this was done on purpose, with the intent of stealing anything from anyone. The Microsoft Corp. does not have that kind of track record.

    Ctimes2

    --
    My cube. My friend. My solace. My prison.
  112. Re:The Pot Calling the kettle black by Anonymous Coward · · Score: 0

    In the EU reverse-engineering is specifically permitted IFF you do it in order to interoperate with the interfaces of another product.

    This means that you can reverse-engineer MS-Words fileformat but not the algorithm it uses to put squiggly red lines under words it doesn't understand.

    Poul-Henning Kamp
    The other FreeBSD Dane :-)
    phk@FreeBSD.org

  113. Re:The Pot Calling the kettle black by Anonymous Coward · · Score: 0

    I bet the DMCA was created long after those suits finished. Reverse engineering was legal when they happened. If one of those lawsuits happened now, there's a much higher chance RE would be deemed illegal.

  114. date by geekoid · · Score: 2

    as long as he can prove he wrote them first(which is probably the case) then 2 things should happen:

    1:Copywrite notice should be put in in the headers

    2:the developers need to be 'investigated' and if it was done intentionally, they should be fired.

    We can not tolerate these types of activities from anybody, espcially Open Source developers.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  115. Prove it. by Anonymous Coward · · Score: 0

    Stop spreading lies, when did Gnome ever steal from khtml?

    1. Re:Prove it. by silvaran · · Score: 1

      The GNOME html engine is based on the khtml library, and at my last look, it clearly indicates this in the documentation.

    2. Re:Prove it. by Anonymous Coward · · Score: 0

      Even more amusingly, it's based on a really old version (from KDE 1) that the KDE people were always planning to throw away and rewrite.

      Of course, once the Mozilla codebase is converted over to LGPL they should just use that and have one less required HTML library.

  116. irony of licensing by bolthole · · Score: 1
    No-one yet has pointed out the true ironies, that

    • The biggest proponents of "opensource", the linux GNU proponents, just violated a real open source license

    • Linux kernel developers can still take BSD code and integrate it into the linux kernel with appropriate notices. But BSD folks cannot take linux kernel code (if the wanted it :-) and put it in the BSD kernel, because most linux modules are GPL, not LGPL. This means you are only allowed to use them with other GPL type code, according to stallman.

    Linux - the not-so-open source kernel!

    1. Re:irony of licensing by Anonymous Coward · · Score: 0
      But BSD folks cannot take linux kernel code (if the wanted it :-) and put it in the BSD kernel, because most linux modules are GPL, not LGPL. This means you are only allowed to use them with other GPL type code, according to stallman.
      That makes me think that So/ren was actually hunting for exactly this type of IP - natural facts that can be used without honouring copyright. For all other reasons he should stay as far away from GPL code as possible, lest he will have to stay away from driver development under any non-GPL license for ever.

      As a GPL-contaminated person he has no choice now other than to whine that all code in all ATA drivers he wrote is "stolen" from him or switch to GPL.

    2. Re:irony of licensing by groomed · · Score: 1

      Hey loudmouth.

      This shit is not about who is the ``freeest'' motherfucker. This shit is about not allowing corps to strangle the competition by using source code as a kind of bank vault for arbitrary implementation detail (ie. "trade secrets").

  117. Raises the Enforcability Issue by elliotj · · Score: 1

    This kinda raises the issue of how enforcable source code licensing is. I was wondering what people here think about this.

    The only reason Soren was able to see his code had been filched was because it was stupidly filched by an open source project that was publishing their code. Most computer programs are commercial proprietary and closed source. How would we ever know if open source code was in use in these programs?

    Is there any enforcement effort on this front? Could there be a 3rd party audit of proprietary code from - say for the sake of the zealots here - Microsoft? As far as I can tell at the moment, if someone accused MS of stealing open source code, MS could say simply, "no we aren't" and that you can't look at our code to check b/c it belongs to us.

    How can these things be enforced?

    1. Re:Raises the Enforcability Issue by fragment · · Score: 1

      One red flag might be if a closed-source program exhibits the same bug that an open-source program does.

  118. Don't flame yet by Anonymous Coward · · Score: 0

    Andre Hedrick and few more people did NOT want to include Promise RAID code from FreeBSD, because they were about to get the full documentation. There was a discussion on the linux-kernel list about that, and I remember it very well since I was one of the many people waiting for PDC RAID code to be added.

    This MIGHT be the case of Andre & others getting docs and implementing RAID on their own - in which case this is all stupid flaming.

    But this MIGHT also be a case of them taking FreeBSD code, in which case... they f*cked up.

    But let's wait for their answer first...

  119. No, it's different Re:And yet... by criswell4096 · · Score: 1

    This has happenned in Win32. The BSD license (perhaps not in its present state, but certainly in the past) allows BSD licensed code to be used in a closed-source, proprietary way. No one has been screaming for blood because BSD license allows for certain proprietary uses. Microsoft obeyed the rules set forth by BSD (these rules, of course, being the reason the FSF and others [such as myself] dislike the BSD license, since it allows for just this sort of proprietary "abuse" ["abuse" here is my word... because of the way the BSD license is designed, the BSD authors probably wouldn't classify it as such ;-) ]).

    The problem here is that you have two very strict and incompatible licenses. Linux uses the GPL, BSD uses BSD. So the problem isn't that the code has gone uncreditted (tho it has ;-) its that its copyright has been changed.

    1. Re:No, it's different Re:And yet... by Anonymous Coward · · Score: 0

      The licences are not at all incompatible -- Just as how Microsoft or Sun can legally change the BSD licence to a proprietary licence, one can re-licence BSD software under the GPL (which is what happened in this case because the code is in the Linux kernel). However, that step isn't even necessary under the "no further restrictions" compatibility clause in the GPL.

  120. Re:Bullshit by Guignol · · Score: 1

    First, there is no such hypothetical unified slashdot behavior
    Second, if someone did bash MS for something like that, as you describe (and I agree, it would be very likely to happen), any pro-MS or any neutral enough slashdotter would counter-bash it. with the very same arguments
    So yes, the same rules apply to everyone

  121. Linux hippies steal BSD code just like M$! by Anonymous Coward · · Score: 0, Funny

    That is funny!

    Way to go leenoos..

    I say lienix, you say lynix.. he says leenooks..

    1. Re:Linux hippies steal BSD code just like M$! by Anonymous Coward · · Score: 0

      What about the bttv driver in FreeBSD .. basically the same issues then, Linux had it first and then BSD had it with nay an acknowledgement ..

      Idiot ..

  122. Re:Er...yes by Siva · · Score: 2, Interesting

    CTRL-V 248 in insert mode seemed to work just fine for me (using vim) :P granted, i had to look it up, but thats what help is for :)

    yes im a vi whore yadda yadda

    --Siva

    --

    Keyboard not found.
    Press F1 to continue.
  123. Re:Yeah but BSD stole its TCP/IP stack! by Mayflower · · Score: 0
    This article has a good description of how it went down.

    This is the author of the first TCP/IP implementation, Bill Joy, speaking in the article:

    I was the principal designer and programmer of the Berkeley version of Unix (BSD). After our very small group had worked on this project for a few years, we received support from DARPA to continue and expand the work. Specifically, we gained access to some code from BBN that implemented the TCP/IP protocol. Unlike the major technical universities (MIT, Carnegie Mellon University, and Stanford), Berkeley at that time had not been connected in any major way to the Arpanet.
    What a laugh. Not only did BSD not get it's TCP/IP stack from DOS but in fact BSD was the first to have an implementation, period. There are more references if you would like them.
  124. Bogus by aratas · · Score: 1

    If I put:
    MOV AX,0

    in my code, I can guarantee that someone else has that same line in their code. It has to do with interfacing with hardware. There is only a VERY limited number of ways of doing it. In fact, the argument is based on C structs that interface with hardware, which means they pretty much are going to be the same every time no matter what. They could have both independantly reverse-engineered the interface and would have come up with the exact same structs.... duh!!!

    1. Re:Bogus by Oztun · · Score: 2

      Did you compare the two at all? Yeah sure structs can be expected to be similar but some of the comments are verbatim. IMHO, two programmers would not make the EXACT same comments unless one copied the other.

    2. Re:Bogus by Anonymous Coward · · Score: 0

      Read the ARTICLE, idjiot.

      The headers were WORD FOR WORD identical to the corresponding original source, except for the lack of copyright notice.

      Not just "similar" due to design, IDENTICAL. As in, copied.

    3. Re:Bogus by Oztun · · Score: 1

      Doh forget that. I compared the wrong code. I still think their was some plagerism here after seeing the real code though.

    4. Re:Bogus by Anonymous Coward · · Score: 0

      Read the code fool, the only parts that are identical are the parts that have to be identical becuase it's dictated by the hardware. It's fucking built into the hardware of course both drivers are going to have the same fucking structs, ah duh.

    5. Re:Bogus by Anonymous Coward · · Score: 0

      If I put:
      MOV AX,0
      in my code...

      You'd be stupid, xor ax, ax would be a lot better.

    6. Re:Bogus by Anonymous Coward · · Score: 0

      I don't think you'll find mov ax, 0 too often.
      It would rather be xor ax, ax
      But that's 16bit, pah.

      xor eax, eax

    7. Re:Bogus by Anonymous Coward · · Score: 0

      Dumb ass, go learn some x86 asm optimization tricks!! (Hint: xor ax,ax)

    8. Re:Bogus by Anonymous Coward · · Score: 0
      If I put:
      MOV AX,0

      One line reads int8_t filler1[32];. A most common and obvious construct, yes, sure. Please stop this It is Linux so it cannot be true nonsense. It is bad enough but this attitude is just as annoying as bringing Microsoft into play and all that other crap here up yet.

    9. Re:Bogus by Anonymous Coward · · Score: 0

      Man, I am sick of the idiot's who don't take the
      time to look at the evidence - you included.

      You probably didn't look because they can't
      program you way out of a paper bag. What
      you would see would be WAY over your head
      anyway.

      Its far easier to step out and show the world
      how ignorant you are.

      Carry on, dude.

  125. erm.. it CAN'T be included in the linux kernel by Otis_INF · · Score: 2

    unless it's relicensed. When it's included 'as is', thus WITH the BSD license, it's linked to GPL-ed code, therefor it has to be GPL-ed too. But it's BSD-licensed, not GPL-ed. If the original author denies to release it under the GPL, the Linux programmers have to program a new piece of code and release THAT under the GPL.

    Open Source is great, but the politics will kill it.

    --
    Never underestimate the relief of true separation of Religion and State.
  126. Re:One Answer by evilviper · · Score: 1
    Microsoft may be using pieces of the Linux kernel inside its own programs
    and we'll never know. Ever.


    Umm, ever heard or ASSEMBLY language and DECOMPILERS? If someone has the urge to (and the time/money) they could entirely rewrite Windows just from the binaries.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  127. Wait a minute by Pinball+Wizard · · Score: 2
    The code in question looks to be about 100 lines long, and is very specific in how it addresses the hardware. Most of this file is a bunch of #defines.


    How could this could be written much differently and still work?


    Also, why are we looking at the .h files? Shouldn't we be examining the actual implementation? I don't see much of a problem here. Show me where he ripped off the .c files and I'll agree, there is a problem.

    --

    No, Thursday's out. How about never - is never good for you?

  128. The real reason by skrowl · · Score: 1

    BOSS "Do you have that module done yet?" EMPLOYEE "Almost there boss, give me another two days" Employee then goes and downloads some existing code, find/replaces some variables, moves a few things, and BLAM... now he has something that looks like a weeks worth of work. Imagine the porn collection this particular code thief acquired while he was SUPPOSED to be writing the code.

    --

    Prevent linux based DDOS's!
    http://linux.denialofservice.org/
  129. How to write "�" ... by bacchusrx · · Score: 2, Informative

    In X? COMPOSE-o-/

    :)

    See also:

    http://www.uni-ulm.de/~s_smasch/X11/input8bit.ht ml

    and

    http://www.uni-ulm.de/~s_smasch/X11/multi_keys.t xt

    (of course, if you're not running X, this means nothing.)

    BRx.

    --
    Life after capitalism? The participatory economics project
  130. But isn't it.... by filmcritic · · Score: 0, Flamebait

    Waaa waaa, my FREE code was copied.....a FREE operating system stole another OS's FREE code. Does anyone else see that word? If you want to contribute to a project that will be given away, please don't expect your work to stay within it. Maybe a proper legal copyright of property should be investigated before charging out of the gates.

  131. HEAVEN'S TO BETSY!!! by billmaly · · Score: 0

    Oh my goodness....oh goodness, oh gracious!!

    How oh how can one of the White Knights from the OpenSource movement even think about committing such an evil, nay!, DASTARDLY thing. Why, it quakes us to our core, may god have mercy on our souls! Nay, the time of the pestilence is now upon us, one of the unshakeable has fallen, human nature hath trumped those ideals which we have held so dear and precious.

    I am just SO glad that this is a OpenSource WHOOPSIE and not an MS WHOOPSIE....not in the mood for yet another call for MS blood. Get over it already.

  132. Shocked and Surprised Linux couldn't be more orig by Jboy_24 · · Score: 3, Funny

    I am very shocked and surprised by this. Looking through the header files it is disapointing that the linux developers, supposedly people more open and original than their counterpoints would lower themselves to define variables in the same way BSD did.
    I mean when it came to defining the variables for the cylinders for the drive they just used the name 'cylinders'! EXACTLY what BSD used!!! and for the number of disks on the raid0 they used raid0_disks!!!

    I mean they should have defined it as num_of_boxed_platters_of_magneticly_coated_disks_c ontained_in_metal_boxes_configured_on_raid_0, perhaps my_aunt_Marlene0 (naming things after family is cool), perhaps in light of Sept11, osamin_shall_die_with_this_variable_0, fhlaehoiu23987y would have been better as well, R41D_RU37LZZZ_d15K5_0 or maybe an ascii art pictorial discription of the item, (I'll leave it as an exercise for the reader to picture this).

    The only benifit of naming this the exact same way BSD did would be that it would be clearer and more easily understood for people who program many different unix based disk interfaces.

    But who really benifits from that? Escpecially when someone doesn't get credit for making the second variable in a struct, 'disk_number'.

  133. Re:Er... (BSD License vs the GPL) by kilgore_47 · · Score: 1

    The GPL does have its problems, and this is one of them. :-)

    Did you mean "The GPL does have its problems, but this isn't one of them"? Because I don't see how a couple RedHat programmers borrowing code and not crediting the author is a problem with the GPL.

    --
    ___
    The way to see by faith is to shut the eye of reason. --Ben Franklin
  134. Re:The Pot Calling the kettle black by Stonehand · · Score: 1

    'sides which, the DMCA has explicit exemptions for reverse-engineering for the purposes of compatibility, if memory serves.

    --
    Only the dead have seen the end of war.
  135. economic downturn by Anonymous Coward · · Score: 0

    In an economic environment such as we are all in, it sounds like RedHat should be considering another layoff of one more. Honest mistake or not, it sounds like plagerism to me.

  136. Can't find hptraid.h or pdcraid.h in linux by Anonymous Coward · · Score: 0

    I can't find hptraid.h or pdcraid.h in my Linux source (2.2.17 or 2.4.8):

    /usr/src/kernel-source-2.2.17$ find . -name '*raid*'
    ./drivers/block/raid0.c
    ./drivers/block/raid1.c
    ./drivers/block/raid5.c
    ./drivers/scsi/megaraid.c
    ./drivers/scsi/megaraid.h
    ./include/linux/raid0.h
    ./include/linux/raid1.h
    ./include/linux/raid5.h
    ./include/config/scsi/megaraid.h

    /usr/src/kernel-source-2.4.8/linux$ find . -name '*raid*'
    ./include/linux/raid
    ./include/linux/raid/raid0.h
    ./include/linux/raid/raid1.h
    ./include/linux/raid/raid5.h
    ./include/config/blk/dev/3w/xxxx/raid.h
    ./include/config/md/raid0.h
    ./include/config/md/raid1.h
    ./include/config/md/raid5.h
    ./include/config/scsi/megaraid.h
    ./drivers/scsi/megaraid.c
    ./drivers/scsi/megaraid.h
    ./drivers/scsi/ChangeLog.serverraid
    ./drivers/md/raid0.c
    ./drivers/md/raid1.c
    ./drivers/md/raid5.c

    Can anyone else find it?

  137. BSD now by The+Ape+With+No+Name · · Score: 0, Troll

    Of course, the really funny thing about this matter is that M$ uses BSD code all over the place. It doesn't violate the license, but you'd never know. They might use GPL code, but you'd never know(without Black Magic(tm)). But I'd bet they'd never use GPL'd code, cause it is already implemented in BSD under a freer license and is better stuff anyhoo. I am putting the Drag Racing togs on as you type.

    --
    Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
  138. copyright in headerfiles by anshil · · Score: 2

    So what I've read it's about header files.

    Copyright regarding .h header files is from my sight a little globally confused. People often say, yay it are just header files.

    But take in example linux which is GPL. Now on linux systems the glibc include headers often end up including linux headers. Now is not actually including a linux header not -incooperating- the source into yours? So by including in example wich in turn includes doesn't the preproccessor copy/paste linux source into yours?

    I had this discussion before, and most people said man it are just header files. But where does a header file / interface start and where stop. Actually the same way it's possible to write a whole probram in a header file.

    So far I got no satisfying answer for that.

    I know the linux kernel group takes copyright header etc. rather slutty in contrast to projects where every files has it's copyright header, so it's difficult to tell the rules if you're facing only one file. And yet worse if you've a project mixing licenses.

    But honestly why does somebody prefering the BSD license feel pestered after all if another project prefers to use it further as GPL. The orignal source is still available with all allowness. And on the other hand BSD allows the enhancer of a software to take away _all_ rights for the user, not giving the source at all. So wheres the problem if they "reduce" the users rights to GPL? After all properitary would be allowed, but GPL not? That confuses me.

    Thats why _I_ think normally mature BSD developers should at least allow a double license, BSD or GPL. This makes life far more easier for GPL projects, since they've not to pester around which files are under GPL and which routines under BSD, and what happens if you take function parts from one file to another. So BSD for all people working on this BSD licensed project, and people wanting to use the source for GPL projects should be allowed to "transform" the license to this need, after all it's FreeSoftware we're all wanting, so why making each others life difficult?

    I think this is just another GPL vs. BSD knee-jerk fight, instead going about real violations or any rights that have been really harmed.

    I understand that BSD is a good license for universities. This way studends working on projects in the school time can continue to use the source later in business. In example I work on projects as pure hobby, in my freetime. So for me GPL is the ideal license, people amy use it, if they modify it thay have to give the source for it, so making my hobby a bit more enjoyfull. I've in example no objections to support somebody in my freetime to take the source to make money without having to give something back, or to support help a manager to take a whole part, in example the BSD stack, instead having to -hire- and pay people for programming alike. So now in example the microsoft case, they shoot at the GPL to be anti-american, pacman a virus and what heaven knows everything else and like to spread it's danger is for programmer jobs, invitation and all. But it's okay for them to take the BSD stack instead paying for programmers job?

    Okay got a bit away from the topic :o) so better stop here :o)

    --

    --
    Karma 50, and all I got was this lousy T-Shirt.
  139. how many times will you post that? do you work for by Anonymous Coward · · Score: 0

    RH, or what? stfu already

  140. Give proper credit ? by DVega · · Score: 3, Informative
    "Microsoft has incorporated BSD code into Windows various times, each time giving proper credit and keeping copyright notices intact."

    The Windows FTP command is bassed on BSD sources, but the user interface does not show any copyright information.

    It is said that also the TCP/IP stack is based on BSD sources.

    Can anyone affirm that Microsoft source code retains the mandatory copyright information ?

    Another question. This headers define an interface between Hardware and Software. This interface was not created by Sorem Schmit. Can he claim copyright rights on them ?

    --
    MOD THE CHILD UP!
    1. Re:Give proper credit ? by 87C751 · · Score: 1
      FTP.EXE, as shipped with WinNT 4.0, contains the following string:

      @(#) Copyright (c) 1983 The Regents of the University of California. All rights reserved.

      So I guess they're giving credit... just not anywhere in the UI.

      --
      Mail? Put "slashdot" in the subject to pass the spam filters.
    2. Re:Give proper credit ? by andkaha · · Score: 2
      Read the release notes for Windows XP, search for the word "regents".

      The release notes for MS Windows NT 4.0 Resource Kit Supplement 4 also contained the BSD copyright.

      --
      It's 11pm, do you know what your deamons are up to?
    3. Re:Give proper credit ? by Anonymous Coward · · Score: 0

      The only argument I've heard for claiming M$'s TCP stack is based on BSD's is from an analysis of frame sizes.

      However, surveys from IDC and Mindcraft show that the Windows NT/2000 TCP stack is faster than BSD or Linux's, on the same hardware, with well supported NICs.

      I asked a friend of mine (who has access to the Windows NT 3.51 source for educational purposes) to check on BSD usage. He said he found a few Regents copyright messages, but none in the kernel TCP implementation.

    4. Re:Give proper credit ? by rp · · Score: 1

      Copyright exists whether it is claimed or not.

      Copyright resides - as expected - on computer programs; my country's copyright law explicitly includes "computer programs and preparatory materials".

      Copyright exists on a "work", the visible/tangible results of someone's expression. It does not apply to techniques or methods, such as a programming interface to a piece of hardware.

  141. amen! --uh-- i mean, yeah! by blackholebrain · · Score: 1
    Heh, just when you think those weird kernel numbers don't mean anything, you see "2.4.10" and you wonder why that unnecessary zero is hanging on the end...

    So what exactly is it Linus is trying to tell us??? Like, is it "10" because it's in-between "9" and "11" -- you know, THE date?

    Or has Alan Cox secretly been replaced by a 'Shell'by in Linus' bathroom???

    --
    <---[singularity sig]
  142. Dear Linus by Anonymous Coward · · Score: 0

    please fix all of the "Linux-isms" that are appearing in the unix community so that we can ALL share code once more, instead of hearing "...ONLY works with kernel X.Y.zz or wtf and blah.so.c " Remember, we're supposed to be in this together, moron

  143. Re:what the fuck by Blowit · · Score: 0, Troll

    Most probably cause he wanted to see how Linux got their HPT Raid support so quickly after FreeBSD released its code. Learn. Learn to Think. Learn to think before you speak.

    This should show the community that Linux are not true developers and must rely on others works to implement drivers within their software and profit from others works.

    FreeBSD is definately a better nix than what Redhat can ever produce. Just look at all the bugs/hacks within Linux vs FreeBSD. About 10 times more than FreeBSD mostly attributed to the so-called "borrowed" code.

    --
    *Headline News* censorship shuts down the Internet! More at 6PM!
  144. That's not paticularly smart... by Sj0 · · Score: 3, Interesting

    You may be thinking "This is only a couple of header files, what's the big deal?". As Søren says "The problem here is that the structures in the headers is the whole story. That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort." Søren's intellectual property is tied up in those files.

    Am I the only one who found this strange? The idea that by reverse engineering a piece of hardware, you are suddenly the IP holder? I could see the hardware manufacturers making such a claim, but a third party driver writer? I did some engineering to make a fast video routine for modeX, and I hardly think that I can claim IP rights over the modeX architecture...

    On the other hand, if the person who wrote it wants some credit, give him some credit. That's all I ask for when I give code away, so I can see why that could be annoying. It probably was an honest mistake on the part of the kernel developer though, I know that a couple times I've released a program and forgotten to put some copyright or some such in it. Incidently, that's why I usually just write my own code from scratch now.

    --
    It's been a long time.
  145. Oh come on... by Anonymous Coward · · Score: 0

    As has been said a few times in this thread, I very much doubt that this violation of copyright was done on purpose. In fact, has anyone heard anything from the responsible linux developers about this? It seems they've already been tried and convicted being evil, stealing code and "stripping off copyright". Although the latter might me legally true, I doubt this was their intention.

    Besides, the lack of a license at all on the .h files (unlike every other file in the linux source) indicates that there is something different about these files. Maybe the developers responsible just forgot the copy the copyright.

    1. Re:Oh come on... by Blowit · · Score: 2, Insightful

      > In fact, has anyone heard anything from the responsible linux developers about this? It seems they've already been tried and convicted being evil, stealing code and "stripping off copyright". Although the latter might me legally true, I doubt this was their intention.

      I don't know about you, but if these were responsible linux developers, they would have left the header file intact and appended their comments to the file pertaining to the GPL as well. If you strip out information that is requested/demanded not to be removed, then the developers/code stealers are responsible for their actions and must be dealt with accordingly. Re add the headers or face copywrite infringment.

      --
      *Headline News* censorship shuts down the Internet! More at 6PM!
  146. Hypothetical question by ReelOddeeo · · Score: 4, Insightful
    I haven't looked at the two sources in question, so I can't comment about how "close" they appear to be to each other.

    Suppose Bob writes an open source program. Then along comes John and examines Bob's program, and learns crucial things from it. Such as how the frobulator encoder works. John then writes his own program which has a frobulator encoder, whose concepts are influenced heavily from what he learned by studying Bob's work.

    At what point is John stealing Bob's work?

    • When he studies Bob's source? (Thus carrying away intellectual property in his head! Worse, maybe even violating copyright from inside his brain.)
    • When he uses Bob's concepts? Especially if Bob worked hard to come up with some novel approach. Or if a significant part of Bob's effort was laying out the structure in a particular way?
    • If he uses the same identifiers, or identifier structure as Bob did? (What if John types in his own original code?)
    • If he simply cut&paste's a few lines from Bob's code. (How many? 1 line, 5 lines, 5000 lines?)

    This is a loaded question. (Just like: When does life begin, at conception or birth, or where inbetween.) Except our question here isn't quite as emotionally charged. (Well, maybe it is for us.)

    Back in 1979, I would help other students with their programs. Sometimes after making sure they understood the algorithm, and were writing the code, we would end up with what basically amounts to my design. Should I just make sure that I use different variable names? Should I introduce frivolous structural changes to the program so the instructor doesn't think someone is cheating? (Of course, I became so notorious with my instructors that this problem never came up -- they knew me well enough.) And the other student did end up actually accomplishing the learning.

    Returning to my above example. Should John make sure to rename the members of the structure? Alter it stylistically? After all, Bob did the hard gruntwork. In some sense Bob should get credit. What if Bob doesn't want to license or give any permission? Can Bob withhold the know how of how the frobulator encoder works -- especially if it is embedded within open source?

    Cearly, the ideal thing would be for John to contact Bob. But this takes time and effort. If John had simply renamed identifiers and altered the style, would an issue ever be raised on Slashdot in the future? (Even if Bob someday examined John's code and noticed the similarity, of concepts, if not actual cut&paste lines?)

    And as I first stated, I haven't examined the sources, and this may be a very clear case of cut&past without any credit given. These questions are intended to be hypothetical. Any resemblance to actual persons or events is purely cooincidental and unintentional.
    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    1. Re:Hypothetical question by rhavyn · · Score: 2

      If you looked at someone else's code for ideas or to see different implementations, the easiest thing to do is put a comment in your code saying so. That way, everyone knows that you looked at it, but that you took the ideas there and implemented it in a way that better represents your program's design.

    2. Re:Hypothetical question by kusma · · Score: 1

      If John isn't coding for someone who demands original code (a school...), then it's not a question of licensing but of politeness at least to write an "I learned a lot about the frobulator encoder from the great work of Bob" into the source.

      If John is coding for school, then he might feel forced to steal ;-)

    3. Re:Hypothetical question by Psiren · · Score: 2, Redundant

      Funny, reminds me of when I was at uni. I used to code a lot of stuf with a mate. We were so in tune with each others coding and ideas that on one of our assignments the first 4 or so lines of our programs were identical. To the byte. We had to purposely check to make sure we weren't writing code to similar.

    4. Re:Hypothetical question by brad3378 · · Score: 1

      Excellent Scenerio - very interesting!

      Somebody Mod this guy up!

      --

    5. Re:Hypothetical question by Arandir · · Score: 3, Informative

      At what point is John stealing Bob's work?
      When he studies Bob's source?


      No.

      When he uses Bob's concepts?

      No.

      If he uses the same identifiers, or identifier structure as Bob did?

      No.

      If he simply cut&paste's a few lines from Bob's code.

      No.

      You forgot one bullet point:

      If he violates Bob's copyright and license.

      Yes. Assuming Bob's code is under the BSD license, then John can use it in any way he wishes, so long as he keeps the copyright untouched. But once he alters or removes the copyright line he is "stealing" Bob's work.

      What gets me is why some folks finds it so onerous to give credit where credit is due.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    6. Re:Hypothetical question by Mr.+Piccolo · · Score: 1

      Damn striaght. The BSD license is just like the standard operating procedure for text. If you use something, give the originators credit. Is that too much to ask?

      --
      Glückwünsche, haben Sie Slashdot ermordet, indem Sie zum korporativen Druck beugten und Subskriptionen einlei
    7. Re:Hypothetical question by DebtAngel · · Score: 1

      And on the other end of the spectrum, I remember writing a header file for a particularly difficult program in High School CompSci. I added a nice big comment at the top saying I wrote it and everything.

      I gave the header to half the class so they could figure out how to solve the problem. Four or five students just included the file. Complete with header.

      The funny thing is I didn't find out that half the class got in serious shit for that until a couple years later. :)

      --

      Is this post not nifty? Sluggy Freelance. Worshi

    8. Re:Hypothetical question by Dwonis · · Score: 2
      The funny thing is I didn't find out that half the class got in serious shit for that until a couple years later. :)

      I applaud the prof/faculty for not bugging you in the matter. Too often, people get blamed like it's their fault that someone else plagiarized their work.

    9. Re:Hypothetical question by Dwonis · · Score: 2

      This isn't really about copyright, it's about ethics. Even without copyright, it would still be wrong to take someone else's work and claim it was your own.

    10. Re:Hypothetical question by Anonymous Coward · · Score: 0

      Unless John and Bob are students at a university. Academic dishonesty starts somewhere around bullet point 3. Copying someone else's work is a big no-no, whether you give credit or not.

    11. Re:Hypothetical question by shani · · Score: 1

      Good point. In my mind, this only drives home the point that "Intellectual Property" is the biggest, most unfortunate oxymoron of our age.

      We all believe that my thoughts are not your property, but maybe it's time to recognize that they may not be mine, either.

    12. Re:Hypothetical question by frogstomper · · Score: 1
      What, like:
      #include <stdlib.h>

      int main(void)
      {
      ...

      :-p

  147. Re:Er...yes by Tyndareos · · Score: 1

    Ctrl-K o/
    in insert-mode is easier since you don't need to lookup or remember some number

  148. Not protected by copyright laws by 3247 · · Score: 2, Insightful
    "You may be thinking "This is only a couple of header files, what's the big deal?". As Søren says "The problem here is that the structures in the headers is the whole story. That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort." Søren's intellectual property is tied up in those files."

    This is not what copyright laws protect. Copyright laws protect "works of authorship", i.e. some kind of individual creation. Facts, such as the information how some information is organized on disk or even algorithms are not protected (hence the whole patent issue), at least not by copyright law. (See e.g. Copyright FAQ - What is copyrightable?.)

    If someone would create a header file from the same information, it would probably look extremly similar. This is a good indication that the header file is not a "work of authorship".

    On the other hand, if the author used something - be it code or only information - from Søren, it would at least be fair to give proper credit.

    --
    Claus
  149. Structures *do* have IP! by mperrin · · Score: 4, Insightful
    (1) A structure is just that: a structure.

    Au contraire. Compare the following two snippets of code, taken arbitrarily from one of the other raid header files in the kernel:



    struct m {
    int a;
    int b;
    kdev_t c;
    int d;

    /*
    * State bits:
    */
    int e;
    int f;
    int g;

    int h;
    };

    And:


    struct mirror_info {
    int number;
    int raid_disk;
    kdev_t dev;
    int head_position;

    /*
    * State bits:
    */
    int operational;
    int write_only;
    int spare;

    int used_slot;
    };



    Those are the same exact structure, no? Exact same data types and everything. I even left in the comments. Now, which of those would you rather have to program with? A structure is *not* just a structure; different source codes for the same structure can be of radically different usefulness. There's definitely intellectual property there.

    1. Re:Structures *do* have IP! by Anonymous Coward · · Score: 0

      Which OS uses the lame abcd variable names? I haven't seen that since AppleSoft BASIC.

    2. Re:Structures *do* have IP! by jmu1 · · Score: 1

      So, does this mean that having two cars that have a steering wheel on the left side and four tires in the same locations considered IP theft?
      If so, fsck IP altogether!

    3. Re:Structures *do* have IP! by Jboy_24 · · Score: 3, Insightful

      I agree with you that structures can have IP inside of them, but I think you have drawn up a straw man with your example. If perhaps the other code looked like

      struct cloneDriveData {
      kdev_t typeD;
      int16 positionOfReader;
      int16 sysId;
      int16 controllerId;

      /* boolean bits */

      boolean notReadOnly;
      boolean extraNotUsed;
      boolean working;
      struct mirror_info {
      int number;
      int raid_disk;
      kdev_t dev;
      int head_position;

      /*
      * State bits:
      */
      int operational;
      int write_only;
      int spare;

      Now you ask, did I copy your IP or did I reverse engineer this?

      If I just finished reverse engineering this and found that a very simular operating system, with code already developed and working, had been published I think it would be irresponsible for me to continue with my naming convention. Why? Because it would only make it more dificult for drivers to be writen if for every simular device we had vastly different names for it. I would just use the other guys naming style and be done with it.

      If I just copied you spec and renamed everything, then how are you going to prove it? Because since there is only one structure that could be derived from the device that would work (as it is the original device author's) you would assume an indepenant attempt to reverse engineer would come up with nearly and idential structure, save for the names of the variables. So if you just change the variable names, your free from the IP claim.

      Going back to the first case, it now seems obvious that if you want to get credit for your work, you have to create vastly different naming conventions and interject your personal style to the point that it supercedes any usablility or perfomance issues otherwise claims of 'copying' will be made.

      So remember when you create your next program, scan all the available code that is simular and make sure your naming conventions and coding style are uniquely identifiable. You can do this by obfusticating your variables and write at least wrappers for libararies so that your calls will be different. Of course you will have to do this AFTER you have coded, because you shouldn't be looking at other peoples code before you start or else your work would just be a copy of theirs.

    4. Re:Structures *do* have IP! by Anonymous Coward · · Score: 0
      Attempting to run a file system check on intellectual property.

      Damn, that didn't work. Any advice, guru?

    5. Re:Structures *do* have IP! by Anonymous Coward · · Score: 0

      The question is, whos intellectual property... This is what he said...

      "That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort"

      That sounds like the structure may mirror the 'proprietary structure' of the disk!!! That is the structure was not his in the first place, it was those who developed the disk. All he did was reverse engineer and duplicate that structure from the people who originally created that structure for the disk!!!!!!

      I personly think this is crying over spilled milk. I have seen parts of my code in other peoples code, I have even helped some people use my code with little to no credit myself (although the reasons were for good cause and distribution of information).

      If I reversed engineered the MD2 format, and came up with a structure for that, it would be lame for me to get pissed off at people who end up with the same structure, the structure comes from the file format itself, not from my own code. This is what it sounds like this guy is complaining about, and it just seems uncalled for in my opinion. Not unless there is something he did not mention, but from the above mentioned alone that is my opinion.

    6. Re:Structures *do* have IP! by j_w_d · · Score: 1

      But, as you have just pointed out, it is not the structure where IP resides. It is in the actual code that is used to implement the structure.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
    7. Re:Structures *do* have IP! by epodrevol · · Score: 0

      say it wit me now SIM - I -LAR not "simular"

      sry for infringing on the "/. grammer nazi" 's IP/PP

      --
      "I am a warrior, and information is my weapon..."
    8. Re:Structures *do* have IP! by Tom7 · · Score: 2


      I don't understand how usefulness is a measure of whether or not something is intellectual property.

      It is polite to credit people for their work, but the idea of "owning" information is filled with troubles. This seems to be an especially luke-warm example, if the copying wasn't even verbatim.

    9. Re:Structures *do* have IP! by dossen · · Score: 1

      well, actually your two structs are not identical, the layout is diffenrent, the hardware expects to find the bits and pieces in the right order etc.

    10. Re:Structures *do* have IP! by jmu1 · · Score: 1

      throw it out and get some new hardware...

      your system is corrupt.

  150. Re:One Answer by Anonymous Coward · · Score: 0

    "Umm, ever heard or ASSEMBLY language and DECOMPILERS? If someone has the urge to (and the time/money) they could entirely rewrite Windows just from the binaries."

    ...and violate various EULA clauses and probably some s/w IP patents along the way.

    But, feel free to try; after all, it's not like Microsoft's a large corporation with a reputation for ruthlessness or anything..

  151. How it started... by Anonymous Coward · · Score: 5, Informative

    http://uwsg.iu.edu/hypermail/linux/kernel/0012.3/0 538.html

    > I've read everything that I can find regarding support of the Highpoint
    > controllers RAID functionality under Linux, and I understand what the issues
    > have been. The one promising bit of information that I dug up in this process is
    > that the 'pseudo' RAID functionality of the Highpoint and Promise IDE RAID
    > controllers is now supported in FreeBSD (4.2-RELEASE and 5.0-CURRENT). My
    > question is, can the new BSD code be leveraged to add support for these
    > controllers to the Linux kernel, and could we reasonably expect to see such
    > support in the near future?
    >
    > (I think that most all of the relevant/important bits are in ata-raid.c and/or
    > ata-raid.h. In
    > any event, the IDE/ATA guy over on the FreeBSD side is Soren Schmidt
    > (sos@freebsd.org), and he
    > wrote all of the stuff for this.

  152. Re:but... by Blowit · · Score: 1

    BSD is not dying cause it is constantly being used by Universities cause of the flexible licencing terms. The terms allows the students to use their code within a corporate environment which can allow the student to make extra cash.

    --
    *Headline News* censorship shuts down the Internet! More at 6PM!
  153. Re:The Pot Calling the kettle black by Tet · · Score: 3, Informative

    How else do you think StarOffice can even attempt to read Microsoft Office documents?


    Because until a couple of years ago, MS documented the file formats on MSDN. They're no longer publically available, but MS will still give them to you if you provide a detailed description of what you want to use them for.

    --
    "The invisible and the non-existent look very much alike." -- Delos B. McKown
  154. So, where are the lawyers? by BroadbandBradley · · Score: 2

    it's nice to hear about this type of story without reading the phrase

    "XYZCorp is suing Foocorp over blahblah"

  155. BRING BACK THE QUICKIES! by billnapier · · Score: 0, Offtopic

    Hey Taco - Where are the Quickies? I haven't seen ANY in quite sometime (and I could usually find a couple things in there to lighten my day)

    1. Re:BRING BACK THE QUICKIES! by mrbill · · Score: 1, Offtopic

      I much prefer the Quickies to "Slashback".

    2. Re:BRING BACK THE QUICKIES! by Forrestina · · Score: 1
      i like them both, one is simply fun, and the other provides some continuing coverage of things that are important in past articles.

      so yes, both :)

      --

      -------
      "don't smoke, don't drink, don't fuck
      at least i can fucking think"
      Minor Threat

  156. If it were proprietary code by cholokoy · · Score: 1

    Then the Linux community would be in the defensive mode.

    How do we ensure that no prorpietary code was included in the Linux OS? This is a question that I believe must be addressed by the gods er developers soon.

    --
    Return the bells of Balangiga.
  157. umm by Anonymous Coward · · Score: 0

    i thought this was the whole point of "Open Source" so everyone can see the source and do what they want with it.

    Just another example of FreeBSD developers being in it for ego stimulation alone.

  158. I haven't upgraded to 2.4.10 yet... I'll wait. by Lethyos · · Score: 1, Troll

    This is unacceptable. Again, open source is all about sharing code so we don't have to keep reinventing the wheel, but as was said earlier, we MUST give due credit.

    As much as I love Linux and prefer it to everything else, I think 2.4.10 should be boycotted. Nobody should download, use, or install 2.4.10 until a patched version is released that gives proper credit to the BSD people for the code it used. I'd even be willing to jump immediately to a 2.4.11 release, even if it is only minor issues.

    The Linux kernel version 2.4.10 violates the very ideals that it was created and lives by. Ideals that even Microsoft of all people adhered to when using code from the community. It's a black mark on the kernel's history.

    --
    Why bother.
    1. Re:I haven't upgraded to 2.4.10 yet... I'll wait. by Anonymous Coward · · Score: 0

      Oh, don't be so dramatic.

    2. Re:I haven't upgraded to 2.4.10 yet... I'll wait. by Mike+Buddha · · Score: 2

      but as was said earlier, we MUST give due credit.

      Is this actually a requirement of the BSD Licence?

      Ideals that even Microsoft of all people adhered to when using code from the community.

      Like they did in the NT TCP/IP stack? Cite your sources, please.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
  159. How to write S�ren's name by Anonymous Coward · · Score: 0

    Under X-Windows:

    1.) Highlight his name (in the above article)

    2.) Click middle mouse button

    Søren Søren Søren Søren Søren

    See how easy that is?

    1. Re:How to write S�ren's name by Anonymous Coward · · Score: 0

      What is X-Windows?

      Is it compatible with the X Window System?

    2. Re:How to write S�ren's name by Anonymous Coward · · Score: 0

      You're a fucking knob:

      link

      link

      link

      link

      link

      Sure the official name is "The X Window System" but many people refer to it as X-Windows. After all, you knew what I was talking about, didn't you?

      Ass.....

  160. This is it by Anonymous Coward · · Score: 0

    No kidding, this guy is starting to sound like Theo.

    All those *BSD developers are whiners just looking for a fight. Meanwhile the linux kernel hackers are collaberating and inmproving the linux kernel at an unprecedented rate.

    Your comment violated the postersubj compression filter. Comment aborted

  161. Re:Can't find hptraid.h or pdcraid.h in linux by Anonymous Coward · · Score: 0

    2.2.17 and 2.4.8 are ancient.

    The IDE Software Raid support for Promise and Highpoint are included in the 2.4.x-ac kernels, and only this week in 2.4.10

    Your kernels are grossly out of date.

  162. Whatever by Anonymous Coward · · Score: 0

    So one kernel hacker takes another hacker's work and doesn't give due credit. As Donny Osmond sang so many years ago, "One bad apple don't spoil the whole bunch, girl!"

    This issue will be resolved shortly, if it hasn't been already. Don't get your panties all in a knot, there, Skippy.

    I've upgraded all my desktop machines to 2.4.10 and am happy with the improved VM performance. All my servers still run 2.2.19 and will until 2.4.x is truly stable.

  163. Yes, it is protected by copyright laws by JSBiff · · Score: 2

    That Header file is a "Work of Authorship" in as much as he wrote that header file. As HE stated, he doesn't have any problem with his ideas being used; the problem is they took the header file that HE Authored and claimed that is was their original work and that they had the copyright on it, which in point of fact they do have partial copyright (derivative work; e.g the changes they made they have copyright on), but so did Soren on his work.

  164. I hope this question hasn't been asked already... by jjsjeff · · Score: 1

    What's the point in stealing someone else's files that can be used for free and giving them back away for free?

    Hmmm.... No monitary potential there. Just maybe wanted credit for something he didn't write maybe?

  165. Something isn't right by THB · · Score: 2

    Maybe its me, but something seems kinda strange with this situation. What he seems to be saying is "Reverse engineering is ok, but don't reverse engineer my code."
    Creating a struct is a type of engineering, and creating ones own version of it is simply reverse engineering. It is unfair to believe the rules change just because you decided to let others see it. You just did a worse job of protecting your IP than the cuecat people who slashdot laughted at.

    And for those of you who think that sturcture defs would be protected should quit whining about fair use.

    1. Re:Something isn't right by Quixotic+Raindrop · · Score: 3, Insightful

      Maybe its me, but something seems kinda strange with this situation. What he seems to be saying is "Reverse engineering is ok, but don't reverse engineer my code."

      He didn't say that reverse engineering is okay only if he does it; he's saying that you can't use his reverse engineering, verbatim, without giving him credit for it. In fact, there wouldn't be any issue here at all if the ATA code monkeys in this case reverse engineered it themselves. They didn't do that, apparently.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
    2. Re:Something isn't right by Forkenhoppen · · Score: 2

      Yes, but if we misuse the definition of "reverse engineering," then what these guys did was reverse engineer his work by acquiring the source code.

      Personally, though, I'm kind of amused.. how does one reverse-engineer that which one already has the source code for? Convert it to message sequence charts for recoding? Run it through an obfuscating program? :-)

    3. Re:Something isn't right by Anonymous Coward · · Score: 0

      By copying structure definitions you are reverse engineering his programming to create yours.

      Just because you don't see him as a faceless company, doesn't mean that different rules should apply.

  166. Re:Yeah but BSD stole its TCP/IP stack! by Mayflower · · Score: 0

    It's all fun.

  167. Alternative explanations by Anonymous Coward · · Score: 0

    a) The HW company released some info about the structure (common source).
    b) The HW company took BSD code and released it as example code (alternative way).
    c) The code was copied and license removed as claimed.

    One interesting detail - look at the last filler.
    Named filler2 in BSD code but just filler in Linux code. Why change only one variable name if you copy someones code? I would guess that either you copy it all straight off or you try to hide it as much as possible.

    Looking at it I would have guessed that the copying was done in the other direction... It could be that the version copied was from an earlier BSD release, maybe one without header.

    I have been teching and caught people trying to copy others code...

  168. Re:Yeah but BSD stole its TCP/IP stack! by Mayflower · · Score: 0

    Did you take the link in his sig?

  169. Make copyright acknowledgement easier: an idea ... by Anonymous Coward · · Score: 2, Interesting
    Set up a repository of copyright boilerplate at gnu.org and freebsd.org etc. so that all you need is
    a single line with an md5 digest to refer to a chunk of copyright text filed in the respository as a file with the md5 as the file name.

    Very simple, and no mistaking what text is referred to. E.g., a single line with an URL something like:

    // Copyright included by reference: http://freebsd.org/copyrights/70ae74fca3ee7f555acf 7f556ee425a0.txt

    (The ".txt" is just to make it easy for windows folks). The single line would eliminate a lot of the ridiculous cases where the license text is twice the size of the source code.

  170. IP Theft in DVD Drive by khog · · Score: 1

    Oof. So IP is good when it protects your interests (Free and Open software), but it's bad when it protects other people's interests (monopolies)? Open Source is a kind of monopoly (more a virus); anything it touches becomes free (yes, I know, that is an oversimplification; I don't agree with the point that I'm arguing, I'm just making it). Some people still sell software, not just the services that come with it.

    Anyway, yeah. I think it is actually in poor taste that the code was copied, but who, in reality, gives two shits about licenses? I don't read the EULA for Microsoft products; I don't read the GPL for Gnu/Linux stuff. I use BSD/Linux/etc. because they're free, because they're stable, and because they're more suitable as a server. Bollocks to "Free" and "Open" software.


    Not really this abrasive,
    Mike Greenberg.
    --
    http://www.yourmothernaked.com
    1. Re:IP Theft in DVD Drive by swdunlop · · Score: 1

      I would like to very happily cite the cooperation and donated information given to the developers of DeCSS and various utilities for enabling playback of DVDs on *nix. Unfortunately, I, like the others, must wait until said parties /give/ that information, instead of forcing us to reverse-engineer their hardware.

      The IP issue, here, is the direct copying of code from one project, to another, with the copyright and license filed off. If the DVD consortium had donated headers and information on how to use the myriad DVD players in an OS-neutral fashion, I am sure the authors involved would be overjoyed to cite them in their headers.

      I, as a contributor to FreeBSD, most definately give a shit. I code for two reasons, to scratch an 'itch', and for ego gratification. I don't need to release my code, generally, to scratch those itches. And it would really piss me off to see someone use my hard work to pad their own egos.

  171. Hypocrites by Anonymous Coward · · Score: 0

    If it was an muscians copywritten IP in an MP3 file, you all would be lamenting how information should be free.

  172. This issue was resolved already by ArjanVen · · Score: 4, Redundant

    While it is no excuse for omitting the license/copyright text on the headerfile. However this issue has already been resolved within minutes after Søren notified me of the omission, to the satisfaction of Søren. Unfortionatly, Slasdhot only reports the first half of this, even though the second half of the story has been available for some time. In no way was or is it my intent to not give credit where credit is due.

    1. Re:This issue was resolved already by phkamp · · Score: 1, Flamebait

      Wouldn't it carry a lot more weight if Søren said that it was resolved ?

      Poul-Henning Kamp
      The other Danish FreeBSD viking

      --
      Poul-Henning Kamp -- FreeBSD since before it was called that...
    2. Re:This issue was resolved already by Anonymous Coward · · Score: 0

      what is there for him to ok? if the license is in there then there's nothing he can do anyways. Is the license notice there? yes you say? then it's resolved. what else can he do, whine that someone reused his reverse engineered bsd licensed code?

    3. Re:This issue was resolved already by WinterSolstice · · Score: 1
      Thank you for posting this.


      On the topic of 'already resolved', how did it happen?


      -WS

      --
      An operating system should be like a light switch... simple, effective, easy to use, and designed for everyone.
    4. Re:This issue was resolved already by Anonymous Coward · · Score: 0

      Well technically speaking, you aren't allowed to mix that BSD license with GPL'd code... It's more restrictive than the GPL because it requires credit be shown and thus is incompatible.

    5. Re:This issue was resolved already by cgleba · · Score: 1

      Excellent. I'm happy that all is resolved and everyone involved is happy. I'm saddened, however that this turned out to be such a hoopla after-the-fact. I hope that this does not deter the ambitions of either party involved to continue wrtiting open-source software -- which I truly appreciate!

    6. Re:This issue was resolved already by Anonymous Coward · · Score: 0

      If you're speaking of the original BSD license with the advertising clause you'd be right, except this code wasn't using it. If you're speaking of the current BSD license then might I ask where you found the $3 crack?

    7. Re:This issue was resolved already by buzzini · · Score: 1

      Now you know how countless other people/companies have felt after having history/reality warped by Slashdot.

    8. Re:This issue was resolved already by LinuxATA · · Score: 2, Interesting

      Arjan,

      It is a NOP. Delete the headers and I will generate the correct "Legal" ones that are derived from the true owners of the IP, Promise Technologies.

      Regards,

      Andre Hedrick
      Linux ATA Development

    9. Re:This issue was resolved already by Anonymous Coward · · Score: 0

      Poul-Henning Kamp The other Danish FreeBSD viking

      Not to be confused with Poultry-Henning Kamp, the other white meat.

      No offense, please, I just couldn't resist.

  173. IANAL... but neither are you. by The+Vorlon · · Score: 2, Informative

    Please read up on licenses before pretending to be an expert on them in a public forum. The current BSD license *allows* consumers of the code to re-license it under any license they choose, so long as they comply with the rather narrow requirements spelled out in the BSD license.

    The only thing the BSD license doesn't allow -- literally, one of only three things disallowed by the license -- is to take BSD code and redistribute it without giving proper credit to the original author (by means of copyright statements). It's rather sad to see employees of such a prominent Open Source vendor failing to comply even with this simple requirement. Unfortunately, as repeatedly evidenced by discussions on Slashdot, most programmers never bother to read the licenses on the code they're using.

  174. BSD sour grapes by mj6798 · · Score: 1, Troll
    I imagine the Linux developer's reasoning was that (1) the Linux license is more restrictive than the BSD license anyway, so the BSD copyright doesn't serve a purpose, and (2) he was using bits and pieces of data structures that merely define common interfaces, so he wasn't really reusing anything clever or creative, so what was the point of acknowledging it? I would disagree with that reasoning, but it doesn't strike me as a serious infraction.

    Soren could have just asked the Linux folks to add the notice, which they would probably have gladly done. BSD even gives commercial developers permission to distribute the code in binary only form, so why all this fuzz about Linux?

    I suspect these serious accusations from the BSD folks are sour grapes: Linux is succeeding wildly while BSD is at best hanging on. So, even minor issues like these are used in attepts to tarnish the Linux image. My recommendation? Add a short notice to the Linux sources "portions of this file derived from ...". And my recommendation to the BSD folks: resolve such issues quietly. This kind of mud slinging only backfires and tarnishes your own reputation.

    1. Re:BSD sour grapes by Ashcrow · · Score: 1

      Doesn't the BSD license allow people to basically 'take' the code for whatever is wanted? Isn't that what MS is doing with some FreeBSD code?

    2. Re:BSD sour grapes by dcs · · Score: 2

      Do you write source code?

      If you do, please tell me what you do. I'll start copying your code and leaving your name by oversight.

      --
      (8-DCS)
    3. Re:BSD sour grapes by PigleT · · Score: 2

      "BSD" does not have to "hang on" to anything. Linux is not all it's cracked up to be - amongst other counter-examples, the idea of any OS dictating how much swap I *need* in order to run it really is pretty crap.

      And you seem to have been living under a rock the past couple of years; intellectual-property issues are a defining feature of this phase in the maturing of the IT industry; without getting the rights and wrongs into the population's heads, the industry will go right down the pan. Even more than now.

      Last, this `mud-slinging' says nothing about how much discourse there was prior to letting it slip, nor whether it was actively posted straight-off here on /. or this story gleaned from elsewhere.

      --
      ~Tim
      --
      .|` Clouds cross the black moonlight,
      Rushing on down to the circle of the turn
    4. Re:BSD sour grapes by Anonymous Coward · · Score: 0

      the idea of any OS dictating how much swap I *need* in order to run it really is pretty crap.

      WTF are you talking about?! Not Linux. No Swap partition on my machine at all.

    5. Re:BSD sour grapes by Anonymous Coward · · Score: 0

      spainful as it may be to some people, the truth is that BSD really is dying. This Soren guy realizes it and it pisses him off. It is somewhat understandable, sort of like he bet all his money on black and the wheel came up red. Nevertheless, his public temper tantrum is very undignified.

    6. Re:BSD sour grapes by mj6798 · · Score: 2
      And you seem to have been living under a rock the past couple of years; intellectual-property issues are a defining feature of this phase in the maturing of the IT industry; without getting the rights and wrongs into the population's heads, the industry will go right down the pan. Even more than now.

      Extensions of IP rights to include copyrights on interface information is the single biggest threat to open source software and innovative commercial software, since any such software usually has to provide some kind of backwards compatibility to make it in the market. It is distressing and dangerous that BSD developers would cry "IP theft" in areas where not even AT&T or Microsoft have asserted IP rights.

    7. Re:BSD sour grapes by mj6798 · · Score: 2

      I don't believe I can assert copyright on my type and interface declarations, nor do I believe that I own code that was "inspired" by looking at my code. That seems to be the situation at hand, and if that kind of action were considered "IP theft" it would be very bad for BSD and Linux and many other projects. So, in short, if you copy my interfaces, I'd appreciate an acknowledgement, but I understand that I can't insist. If you copy my code, I expect you to comply with copyright laws and the license. Clear enough?

  175. Just check the CVS change log!!! by Anonymous Coward · · Score: 0

    Check if it was checked in once. see if it was worked on. how many lines were changed between checkins. That will solve the "it's just a coincidence" argument.

    Does anyone know how or where to do this?

  176. If only Linux stole more BSD code. . . by Anonymous Coward · · Score: 0

    It would be a usable operating system!

  177. Slashdot is late ... by Anonymous Coward · · Score: 1, Informative

    Look at this link http://www.linux-ide.org/ and especially this one http://people.redhat.com/arjanv/pdcraid/

    The copyrights are back. And have been since yesterday. But that is not correct since this code is not exactly like the original.
    The comment should say something like "Structures derived from ataraid.h written by SS."

    And of course the structures should be documented, member by member, even if SS did not do that originally!

    Also one wonders who managed to allow both u_int32_t and u32 in the kernel code. One of those alternatives should be removed as soon as poosible. There is nothing as bad as non-consistency in sourcecode anywhere.

    Definitely ugly code. Reminds me of work where I have to watch people writing code like that all day long ....

    1. Re:Slashdot is late ... by Anonymous Coward · · Score: 0

      The previous comment sounds like it was written by the guy who got caught with his hand in the cookie jar!

    2. Re:Slashdot is late ... by Anonymous Coward · · Score: 0

      Not even close.

      Arjan:s comment is somewhat above this one. And Andre H. has responded to that one saying he will replace the headers with proper ones generated from Promise docs.

  178. legalese by mrBlond · · Score: 1

    The first thing we do, let's kill everyone who writes in ALL CAPS.

    --
    CowboyNeal for president!
    "Hit any user to continue."
  179. Re:My Experience With Linux by Sly+Mongoose · · Score: 2

    I can't find the post that this is supposedly a reply to.

  180. Nothing sour. by Anonymous Coward · · Score: 0

    The copyright must be maintained.

    Go read the under 500 words of the BSD copyright.

  181. stupid by Ender+Ryan · · Score: 2
    That is really quite stupid. If you read further comments, this issue has already been resolved in an acceptable manner by both parties. I don't think it's necessary to boycott kernel 2.4.10. Christ that sounds ridiculous...

    I wish everyone would stop being so overdramatic, it's almost making me sympathize with the bullies that used to pick on computer nerds like us ; )

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  182. Re:Er...yes by ahrenritter · · Score: 1

    Or even:
    o <BS> /
    if you have "set digraph" on.

    So tell me emacs die-hards.. would it take more than two hands to hold down all the accelerator keys for this key in emacs? ::GriN:: J/K.

    --

    All I wanted was a rock to wind a piece of string around, and I ended up with the biggest ball of twine in Minnesota
  183. It's pronounced... by Kraft · · Score: 4, Informative

    Søren is from Denmark (so am I) and we have these three funny looking charactes:

    æ ø å

    "æ" is like the "ea" in "dead"
    "å" is close to the "o" in "holy",
    but the "ø" is a bit tricky to pronounce. It's kinda like the "ou" in "mourn", but with more bass.

    So Sørens name is pronounced:

    S + mourn + honest + n

    = Søren! On top of that there is an expression in Danish, which goes "av for Søren", which means "auch for Søren" and you say that when you hurt. And there's another one "Det var Sørens!" which means "I'll be damned!".

    It's a common name.... and I need to get a life.

    --

    -Kraft
    Live and let live
    1. Re:It's pronounced... by Dirtside · · Score: 4, Funny

      Wait a minute! Are you saying that these header files were written by Sauron? Because that's what came out of my mouth when I pronounced it the way you describe. One license to rule them all, eh?

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    2. Re:It's pronounced... by Anonymous Coward · · Score: 0

      No, ø is easy to pronounce, its like the 'u'
      in buddy.

    3. Re:It's pronounced... by Kraft · · Score: 2

      I wouldn't say so. The "u" in "buddy" is too high, whereas "ø" is more deep and should come out a bit lower in the mouth, closer to the throat. Bass is the key. The German "ö" is pretty close, if that's any help.

      --

      -Kraft
      Live and let live
    4. Re:It's pronounced... by Kraft · · Score: 2

      lol :)

      Deeper "au" and less "r" and Sauron is not too bad. Americans and Brits usually pronounce Søren as Sauron anyway.

      --

      -Kraft
      Live and let live
    5. Re:It's pronounced... by skbenolkin · · Score: 1

      One license to rule them all, eh?

      Yeah, but that's the other license, not the BSD license he wrote it under. Of course, knowing Sauron, it's probably some sort of trick to win our trust until he's powerful enough to destroy us.

      --
      "Frederick, is God dead?" --Sojourner Truth
  184. Flaw with Open Source by Andy · · Score: 0, Insightful

    Playing fast and loose with contributions (or in this case plagarized code) is something that Open Source adherents do in the name of speed and "getting something done". The FSF is far more diligent in documenting contributions and making sure that copyright is signed over to prevent things like this from happening.

  185. Not creative work == not copyrightable by Eric+Seppanen · · Score: 4, Insightful
    While it sure would be nice, and right, to give credit, I'm not convinced that it's legally necessary.

    It seems likely to be that header file structure definitions are a functional description of how a piece of hardware works. And if that's the case, that information is no more copyrightable than the telephone book. And if it's not copyrightable, it's perfectly legal to remove the credits and license and redistribute however you want. Not right, mind you, but legal.

    Looks to me like he's screaming about copyright infringement and/or license violations without understanding the limited scope of copyright.

    --
    314-15-9265
  186. Arguably, this is a flaw in the BSD license by jd · · Score: 2, Insightful
    The BSD license permits the obtainer of the code to basically do what they like. Which implies that that would include, say, filing off the copyright and republishing the code under a different license.


    On the one hand, I feel that Soron deserves the credit for his work. Reverse-engineering is NOT trivial, and has been made much more difficult under recent US legislation (eg: the DMCA).


    On the other hand, it's hard to villify the Red Hat coders for doing something the license permits, however unethical.


    This is one reason I strongly support the GPL. It leaves no grey areas of relicensing and "IP theft".


    However, Soron prefers the BSD license. This leaves two choices - debug the license, or accept that things like this can (and probably will) happen, precicely for the reasons I sympathise with him. It IS hard work, and copying is much easier than creating.


    My last thought on this is that the notion of "IP theft", with "Open Source" code, should be impossible. We are either all working for a unified goal, or we aren't. If we aren't, then the very notion of "Open Source" is ripped to shreds, and the Bazaar is crushed by the weight of the Cathedral.


    On the other hand, if we ARE working to the same ends, then there is no Intellectual Property, and thus there can be no theft of it. If we have abolished private, proprietary notions, in favour of an open, shared environ, then there is no property to steal. There is only a shared resource to access.


    And this, dear readers, is the crux of all such arguments. Until people are consistent within their own minds on the issue of ownership, and until some sort of consensus is reached, you can expect the perils of IP to get worse, not better.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Arguably, this is a flaw in the BSD license by numbsafari · · Score: 2, Informative
      Why was this modded up??? Sir, your contention that what transpired was "something the [BSD] license permits" is completely false.
      Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer, without modification, immediately at the beginning of the file.
      That's the first provision of the FreeBSD license. Therefore, what the RedHat guys did WAS in violation of the license. And that's what Soren's complaint was about (note that it appears that RedHat was quick to respond to this and it has been taken care of). Furthermore, your contention that we're all working towards the same end of "no IP" is also way off base. There are plenty of people working on OpenSource projects that support IP. That's the point of the BSD license. Yes, the code is released into the public domain, but at least this way you are ensured that you will be cited for having done the work.
  187. Porting code, copying req'd header info... by pjrc · · Score: 4, Insightful
    A couple days ago, I started some work to port Nullsoft's NSIS Win32 Installer Builder to a native linux app (that builds win32 installers). After converting several HANDLEs into FILE*'rs and just ifdef'ing out a few difficult bits that I don't care about, I ran into all sorts of constants that get defined somewhere in the giant mess that is #include<windows.h>. Lots of things like MB_OKCANCEL, MB_YESNOCANCEL, SW_SHOWMAXIMIZED, IDCANCEL, HOTKEYF_ALT, FILE_ATTRIBUTE_ARCHIVE, etc.

    After a few grim moments of comtemplating actually buying and installing Visual C++, it occured to me that these things are probably defined somewhere in the mingw stuff. Sure enough, I found them all in various headers within the mingw package. I copied all these (and a bunch of other little win32 kludges) into a win32stuff.h file that I started including in the various .cpp files.

    So did I cross the line? I copied a few dozen lines from various header files in the mingw package (I didn't mention in the file that I got them from the mingw project, but I probably should before I release the port to anyone). Did the the mingw guys copy this stuff from somewhere in all the stuff included by #include <windows.h> ??

    Ok, I'll admit that a bit struct that represents the on-disk format of something that was reverse engineered is a bit more substantial than a bunch of constants... but calling it "IP Theft" seems to be leaping to some strong conclusions. Even if both programmers did their reverse engineering independently, aside from using different names, there's not a lot of different ways the struct could look. Even if the linux developer did look at the BSD header file to learn the data formats, how different could one expect his code to possibly be ?? If it's an algorithm with some creative implementation, I can see the accusation, but over a header file that simply documents simple facts seems a bit much. Sure, it can be hard work to get those facts by reverse engineering, but still, the "IP Theft" is simple facts (not really protected by copyright, in my limited understanding of copyright law... IANAL).

    And finally, if Søren really does hope "an amicable solution can be reached", why's he turning this into a bunch of bad PR for linux and redhat ?? It's sounds to me like a case of getting mad and posting flames instead of cooling off for a day and thinking it through more carefully.

    As far as my porting work for Nullsoft's really cool (SuperPiMP) installer, I hit a big block of very win32 specific code, CEXEBuild::do_add_file at the end of script.cpp. Unlike many of the other bits that I ifdef'd out, this is the one that actually puts the files into the install image, so I can't just chop it off. I will need to completely rewrite this using unix/posix APIs, probably using C library regex patterns instead of whatever wildcard matching win32's FindFirstFile does. I'll probably get back to porting NSIS in a week or two... I might even try rebooting and running it in windows a few times! And, I'm not going to lose any sleep over copying a few dozen constants out of someone else's header files.

    1. Re:Porting code, copying req'd header info... by swdunlop · · Score: 1

      The point is, the information was provided under license, requiring copyright information to be included, and the original author cited. The fact that the ATA team didn't cite Soren for his extensive work in reverse engineering the structures, and deserves a certain modicum of flame pointed at their rear ends in exchange for what amounts to plagarism.

    2. Re:Porting code, copying req'd header info... by rhavyn · · Score: 2

      You missed the point. The comment you responded to was basically arguing that the structures in question cannot be considered copyrightable at all (tho, that comment didn't say that). If this is in fact a structure defined by the hardware, then every driver will use this exact same structure. The variable names are irrelevant for all intents and purposes.

      Now, I personally think that Soren deserves credit for taking the time to reverse engineer the device. But, I think that calling this a copyright infringement is a bit of a stretch.

    3. Re:Porting code, copying req'd header info... by swdunlop · · Score: 1

      It's more than just figuring out the names for each variable.. He has to figure out the offsets.. He has to figure out what each value does, for enumerations, there is a lot of effort involved.. If you think it is so trivial, I have a wonderfully frustrating 802.11b PCMCIA card that needs reverse engineering.

      The information was discovered, using a large amount of effort. Due to the amount of time required, the individual who dedicated the effort requested some credit for the effort, in the form of his copyright, and license. It seems a fair exchange.

    4. Re:Porting code, copying req'd header info... by Anonymous Coward · · Score: 0

      Who on earth is saying Soren is giving bad PR for Linux?

      Firstly, isn't /. running this story? By your definition then /. is giving the bad PR, cuz I sure wouldn't have known this story from any other place.

      Then why are you posting? By posting, you are contributing to a page to give bad PR to Linux!

      RU trying to say that if OSS ppl steal your code then you should stay quiet and shut up? But if a closed source company steals your code you have a right to call a holy war upon them? Are OSS ppl exempt from the licenses we insist others follow?

    5. Re:Porting code, copying req'd header info... by bacchusrx · · Score: 2

      Insofar as "giving credit where credit is due," I'd agree with you--attribution for hard work is a fair concept.

      However, the argument is whether or not the actions of RedHat's programmers constitutes "IP theft." For instance, consider that we have a doorway. Currently, there is a large steel door in this doorway which we want to replace with a glass door. In order to do this, I need to know the size of the previous door so I can make a glass replica.

      I could look up the specifications for the original steel door, or, I could take my own measurements. In either case, I arrive at the same results. In either case, the results I arrive at are factual in nature and not expressive.

      I realize it's rather absurd to posit that I would go to the trouble of finding the original manufacturer of a door just to get at its physical dimensions--especially given the ease of simply measuring it, or perhaps the standard size of doors--however I suppose it's equally absurd to posit that RedHat would duplicate all the effort required to reverse-engineer a RAID controller.

      We're talking about mathematical representations of the physical structures in a controller card...except in this case, as opposed to our example with a door, it is much easier to find pre-existing specifications than it is to measure them ourselves.

      It's not IP theft any more than reporting on a news story that was already covered by another paper is "IP theft" -- you can't steal facts. Facts belong to everyone.

      BRx.

      --
      Life after capitalism? The participatory economics project
    6. Re:Porting code, copying req'd header info... by pjrc · · Score: 2
      Just checking back on the replies to my post... I'll post one quick reply to the replies...

      There were two major points I made:

      1. In the course or a real programming project, like writing a device driver or even doing something simpler like porting NSIS to linux/unix/posix APIs, it is often necessary to get basic factual information, which is most easily copied from headers (if they are available somewhere). I posted my recent NSIS porting experience as a concrete example. Even simply porting software can be a lot of work and depends heavily on having certain types of information.... and since a lot of slashdot readers don't understand this concept, I tried to post a good and recent story.
      2. Factual information is not protected by copyright (tho IANAL, but this is really a no-brainer). Facts can be protected (IP) as a trade secret, but publically publishing the header file with those facts nullifies any possible claim that it's a trade secret. The factual information of how data is arranged, no matter how hard it was to reverse engineer, is still basic factual information that isn't protected by copyright. A C language struct representing this infomation will look very similar regardless of wether it is copied from Søren's headers or independently reverse engineered. Coping factual information from a publically published document is not "IP Theft", because facts themselves are not protected by copyright, patents or trademarks, and they aren't a trade secret if they've been lawfully obtained and publically published.
      Now I will admit that Søren really does deserve credit for his hard work, and if the info (basic facts, remember) in the linux headers was copied from his code, it was rude on the part of whoever copied the info to not include a comment recognizing the original source. He "deserves" based on social conventions of good will and gratitude, not any intellectual property law. Using his hard-obtained factual information without recognizing his is rude.

      But, there's a big difference between being rude or ungrateful compared to "IP Theft". A lot of people, at least emoitionally, probably feel like being rude, ungrateful and inconsiderate is probably more wrong that "stealing intellectual property". I am neutral regarding that matter... my only point is that being rude and inconsiderate (which are not against the law) are different from "IP Theft", which is a voilation of some combination of copyright, patent, trademark and/or trade secret law.

      Now, to specifially respond to the one and only Anonymous Coward to post in this thread....

      Who on earth is saying Soren is giving bad PR for Linux?

      I did. I also likened his reponse to knee-jerk flaming, when cooling off and thinking about for a day would have been wiser. The entire thing reads like an angry rant, specifically intended to tarnish someone else's reputation and stir up contraversy, not some sensible "you need to mention my work with a link and the following words to give my credit where credit is due."

      Firstly, isn't /. running this story? By your definition then /. is giving the bad PR, cuz I sure wouldn't have known this story from any other place.

      Yes, slashdot, not known as a shining example of journalistic integrity, posted a story which amounted to an angry rant, and called it "IP Theft" in the title, when only basic factual information (not intellectual property) was "stolen".

      Slashdot does have the redeeming quality of admitting when a story was inaccurate and posting responses and followups. Maybe whoever at redhat wrote the linux driver will respond with some explaination (and if they're sensible an apology if they did indeed obtain the info from Søren's headers)

      Then why are you posting? By posting, you are contributing to a page to give bad PR to Linux!

      To make the two points above, which I believe were fairly clear in my original post, but I've restated them once more... in addition to insightful replied from "rhavyn" and "bacchusrx". I hope you can get the point (facts aren't protected by copyright and real work depends on factual informtaion) from my first message, this reply, and the posts from rhavyn and bacchusrx.

      And finally...

      RU trying to say that if OSS ppl steal your code then you should stay quiet and shut up?

      It should be abundantly clear by this point what I'm trying to say.

      If someone does use your hard-found facts (not "steals your code") without being polite and mentioning your name and recognizing your hard work, I'm not saying you should "stay quiet and shut up". I am saying you should avoid an angry rant posted to a forum like slashdot as your first action.

      Maybe flaming in a widely viewed public location is justified after going round-and-round with the linux developers in question and getting request after request to be recognized for your hard work rejected over and over. Even then, calling it "IP Theft" is inaccurate and deceptive. Saying "Linux developers build on others hard work and a bunch of ungrateful jerks unwilling to recognize who contributed" might be reasonable.... in the very unlikely case that they would refuse to actually add some comments in the code to recognize his hard work.

      But if a closed source company steals your code you have a right to call a holy war upon them?

      Perhaps you read this in some else's comment, or you're just used to the daily microsoft vs linux, closed vs open source theme of slashdot. Either way, you're reading something into my writing which simply does not exist (or more likely you didn't read it at all, judging from the lack of understanding shown).

      Are OSS ppl exempt from the licenses we insist others follow?

      One last time....

      Facts (legally obtained and published publically) are not intellectual property. Everybody is exempt from whatever terms and conditions the license may specify when they only copy the basic factual information and republish it in their own expressive manner. (well, IANAL, so this is only my uninformed opinion, not legal advise)

      The only facts that can be protected are receive the relatively weak protection of "trade secret" status, and that clearly does not apply in this case. Copyright, patent and trademarks can not apply to factual information.

  188. Yeah, that's right. by Inoshiro · · Score: 4, Flamebait

    Just post anything at all about the situation as an AC and get modded really high.

    Where are the backups to your statements?

    This reminds me of when there was the large Exodus outage, and in the explanaion story an AC claimed to be some chick who was abuse my Taco (funny since Taco is in Michigan, Exodus cage is very not in Michigan, etc).

    Moderators: don't mod up stuff unless there is PROOF or this person has put a real name behind their statements. Posts like this are just trolls meant no spread disinformation.

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
    1. Re:Yeah, that's right. by brad3378 · · Score: 1

      I don't think it's necessarily bad to post via AC. Yes, I do agree that more credibility should be given to those with a name, but sometimes its best that identity be kept a secret. Case in point: A few guys that admitted to stealing stuff from work in a previous article.

      AC makes it possible for people to say what needs to be said at the expense of losing a little credibility. And if a AC comment is funny enough, who cares how credible it is?

      You do make a valid point though.
      Any Comments (Not just ACs) on the internet should be taken with a "grain of salt"

      Just my 2&cent

      --

    2. Re:Yeah, that's right. by dadams · · Score: 1

      I take offense at your request to abuse my taco. Sick bastard.

      --
      --"In dreams begin responsibilities" - Delmore Schwartz
    3. Re:Yeah, that's right. by Anonymous Coward · · Score: 0
      Disclaimer: I am not the original poster

      You really make it sound like you would go check this info up if the original poster hadn't been an AC, but I doubt it. Even if he wasn't, it's very likely that you couldn't check this up anyway. You see, it's not very difficult to create a "fake" account.. Besides, it's in this case fairly obvious why he would like to post as an AC, if he now is who he is. No one likes to be a rat.

      That post was interesting even if it wasn't true. The slashdot crowd is mature enough to judge for themselves whether someone deserves credibility or not. Sometimes you have to be anonymous, it's that simple. Then it's up to the reader to decide whether what was said is true or not.

      A finally, do you really think what you read on Slashdot in general is true? If so, please point me to some other post in Slashdots history where the poster actually backed his claims up with solid proof, and it was clear that he was who he said he was (and didn't just use someones name, a email address that could potentially belong to that person, and his webpage as URL). You can't? Thought so.

    4. Re:Yeah, that's right. by Anonymous Coward · · Score: 0

      Yes, its almost depressing actually, the amount of complete crap that gets modded up to 5 around here. Sometimes a /. article is about some topic which I *am* knowledgable about, and its frightening to see the amount of tripe people can write about a topic and still get modded up. They make bold statements that are completely incorrect, are sucked out of thin air, are complete FUD .. and they get modded up, because the moderators are just as clueless.

    5. Re:Yeah, that's right. by FattMattP · · Score: 2
      This reminds me of when there was the large Exodus outage, and in the explanaion story an AC claimed to be some chick who was abuse my Taco (funny since Taco is in Michigan, Exodus cage is very not in Michigan, etc).
      Not funny since she claimed to be verbally abused, not physically abused. They do have telephone lines that run from Michigan to Exodus' offices, I'm sure.
      --
      Prevent email address forgery. Publish SPF records for y
    6. Re:Yeah, that's right. by Anonymous Coward · · Score: 0
      If you think highly moderated posts are "true" and low-moderated posts are "false", you're an idiot. People must judge the information they receive themselves.


      I think it is valuable that ACs can post true statements anonymously here. And I find it valuable that they are modded above the general 0-level AC post, otherwise I wouldn't see them.


      Your post just proves an interesting theory, though: post any trivial bitching with a 5-digit UID and get moderated to 5.

    7. Re:Yeah, that's right. by Anonymous Coward · · Score: 0

      Where are the backups to your statements?

      Wat, you speak no english? All your karma whore are belong to us.

      Twit. Stop posting unless you have something that is both coherent and worthwhile to say.

    8. Re:Yeah, that's right. by Anonymous Coward · · Score: 0

      "If so, please point me to some other post in Slashdots history where the poster actually backed his claims up with solid proof,"

      Every post by Mike Bouma for example.

    9. Re:Yeah, that's right. by Anonymous Coward · · Score: 0

      Ahh the control freak from k5.
      Go back to your shitty site loser.

    10. Re:Yeah, that's right. by toby · · Score: 1

      [OT] Gotta be better than NO moderation at all, surely? Remember what that's like??

      --
      you had me at #!
    11. Re:Yeah, that's right. by Anonymous Coward · · Score: 0

      or those by that Anonymous Coward who is around ever so often. That guy's got a hell of a reputation.

  189. Is this a license flaw with BSD? by WillSeattle · · Score: 1

    I haven't closely inspected the BSD license, personally. If in fact, as you say, it's a loophole in it, and by going the BSD route instead of GPL, the author created a vulnerability, then it's a useful object lesson.

    Basically it comes down to this:

    If you want intellectual property for you and your heirs, go the trade secret or commercial (private code) copyright route. Patents for key technologies are included in this.

    If you want to improve society and just want recognition and "free bheer", than go GPL.

    If you are unsure, choose BSD. This may be the worst of the above choices, but you can feel honorable nonetheless, even if it's not GPL.

    If you are truly a good samaritan, consider GPL with public patents (ones granted to the UN or some useful agency or for public use).

    --
    --- Will in Seattle - What are you doing to fight the War?
    1. Re:Is this a license flaw with BSD? by Anonymous Coward · · Score: 0

      Why shold someone go the BSD route if they are unsure? that makes no sense...

  190. Act of Holy War by Anonymous Coward · · Score: 0, Funny

    We must protect our code. I propose a fatwa againat linux. We must join the jihad!!!! Destroy Linux Thieves!!!!!

  191. very dangerous precedent by mj6798 · · Score: 3, Insightful
    By that argument, it would have been impossible to build Linux or Wine, because both needed to use structures whose fields had names compatible with UNIX and Windows.

    Generally, such names are viewed as not being creative, and hence creating compatible software is possible. I very much hope your view won't start getting adopted because it would endanger almost all open source efforts.

    1. Re:very dangerous precedent by Anonymous Coward · · Score: 0

      object code typically doesn't retain variable naming information. some languages do retain variable typing information, but not naming.

    2. Re:very dangerous precedent by Fjord · · Score: 2

      But windows developers can compile their code against winelib, using the wine headers. Part of WINE is making the runtime system, another part is making a compatable library on linux that you can natively compile against.

      --
      -no broken link
    3. Re:very dangerous precedent by mj6798 · · Score: 2
      But windows developers can compile their code against winelib, using the wine headers.

      If the WINE headers don't use the same type, function, and field names as the Windows headers, then Windows developers cannot compiler their code against winelib.

    4. Re:very dangerous precedent by Fjord · · Score: 2

      Exactly. Which is why it is, to quote the title of the thread, a "very dangerous precedent".

      --
      -no broken link
  192. Linux = 0 Karma by rsimmons · · Score: 0, Troll

    Linux just lost ALL of their brownie points in one fell swoop. I hope this puts RedHat out of business. You stinking stupid thieves!

    Who knows what other code RedHat has plagiarized! Does it stop here?

    We should spill the blood of these plagiarists!

  193. For all you anti-microsoft playa haters... by dasmegabyte · · Score: 2

    Microsoft would NEVER steal code or concepts without giving credit or licensing the technology...because they know that giant corporations are lawsuit fodder. Here's a couple of lines from the "About" box in IE 5.0:

    Based on NCSA Mosaic. NCSA Mosaic(TM); was developed at the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign.

    Distributed under a licensing agreement with Spyglass, Inc.

    Contains security software licensed from RSA Data Security Inc.

    Portions of this software are based in part on the work of the Independent JPEG Group.

    Contains SOCKS client software licensed from Hummingbird Communications Ltd.

    Contains ASN.1 software licensed from Open Systems Solutions, Inc.

    Multimedia software components, including Indeo(R); video, Indeo(R) audio, and Web Design Effects are provided by Intel Corp.

    And so on, in plain view, right where it should be. Evil corporation? Maybe. But not so evil that they don't give shout outs to their forefathers. Not that I'm claiming that this little mistake makes RedHat bad or anything -- just that all the anti - windows folks should realize that !Free != !Friendly.

    --
    Hey freaks: now you're ju
    1. Re:For all you anti-microsoft playa haters... by Anonymous Coward · · Score: 0

      I was under impression that they (MS) got sued by Stac (at the time, Hi/fn now ?) because they got some code from stacker on their version of the beast (doublespace ?)
      This is only one example...by they way, they lost (or reached an "out of court" agreement).

  194. If we want respect we gotta show respect... by georgeb · · Score: 2, Insightful

    Hope this situation gets fixed. And I hope this was an accient merely. If it isn't, then we're facing a problem.

    The community cannot possibly get any respect from the world if it's members do not respect plain simple licences. We need to obey other people's licencing habbits.

    1. Re:If we want respect we gotta show respect... by Anonymous Coward · · Score: 0

      This problem has already been fixed along time ago. But this is slashdot, where the whole story already happened and has been resolved, but slashdot is trollin for pageviews and fails to post the whole story. what's the next slashdot headline gonna be:

      "Edward P. Murrah building in Oklahoma City has been bombed! The police have no suspects!"

      Woo there's some breaking news! Sure hope they find out who did it and punish them.

      In case your in a cave the guy who did it got caught and executed a long time ago...

  195. code reuse by I_redwolf · · Score: 1

    code reuse..

    Microsoft: Here are the opensource structures for Microsoft * File Format:

    Me: Cool.. I'll add an extra FREE to the end of every variable name and include Microsoft in my /* HEADER */ *clickety-click*.... ... ... tada!! Should be done now

    Microsoft: Whoops forgot to add /* HEADER */ giving credit to Microsoft..

    Me: Sorry about that.. here /* HEADER MICROSOFT OPEN FILE BLAH BLAH FORMAT */

    Microsoft: Cool, thanks man.

    That's what happened. Whoever posted the story blew the shit into some mass media frenzy type of story.. that's considered a troll to me. What a waste of time.

  196. Does this mean linux is under the BSD license? by Anonymous Coward · · Score: 0

    I mean if GPL code is used in something all the code must GPL'd.

    Maybe BSD is different?

    1. Re:Does this mean linux is under the BSD license? by Anonymous Coward · · Score: 0

      damn you're pretty dumb huh...

  197. This sounds like... by talks_to_birds · · Score: 2, Insightful
    ...the most succinct analysis of this whole big buzz:
    • "Even if both programmers did their reverse engineering independently, aside from using different names, there's not a lot of different ways the struct could look. Even if the linux developer did look at the BSD header file to learn the data formats, how different could one expect his code to possibly be?? If it's an algorithm with some creative implementation, I can see the accusation, but over a header file that simply documents simple facts seems a bit much. Sure, it can be hard work to get those facts by reverse engineering, but still, the "IP Theft" is simple facts (not really protected by copyright, in my limited understanding of copyright law... IANAL).

      And finally, if Søren really does hope "an amicable solution can be reached", why's he turning this into a bunch of bad PR for linux and redhat ?? It's sounds to me like a case of getting mad and posting flames instead of cooling off for a day and thinking it through more carefully...."

    And of course /. gets to run an "article" that generates hundreds of inflamed posts.

    Nothin' like mass posts to keep the advertising rates up...

    t_t_b

    --
    I'm on PJ's "enemies" list! Are you?
  198. OK by Otis_INF · · Score: 2

    You got me there. I didn't think long enough (hell I even released lotsa software under BSD license aaaaaarg *kicks teeth with foot*)

    The second restriction (the binary has to (re)produce the copyright clause) is probably worse than you might think however. But perhaps that will be done via the normal ways.

    I'm though pretty sure the violator here has read the comments on the license. Who is blindly removing lines? :) The BSD license has however the reputation that a programmer can grab the code and do whatever he wants with it. That's not true. This case is a good proof of that :(

    --
    Never underestimate the relief of true separation of Religion and State.
  199. There is no "IP" Wake up. by Ogerman · · Score: 2

    As Søren says "The problem here is that the structures in the headers is the whole story. That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort." Søren's intellectual property is tied up in those files.

    The whole point of copyright with respect to Open Source is to keep proprietary commercialism OUT of our game. When you get right down to it, any sane Open Source coder hates the very idea of "intellectual property" by principle. To argue among Open Source licenses is pure stupidity. We're all on the same team here!

    I would like to publically thank Søren for the work he did in reverse engineering and documenting the hpt raid interface. I would also like to thank the Linux ATA-raid developers for their work porting his code to Linux so that my HPT-370 finally works. On the other hand, I believe that in an academic sense, credit should be given where credit is due to promote unity in the Open Source community. A line that reads "Thanks to Søren of the BSD project for his excellent work documenting the HPT interface, on which this code is based" should be sufficient.

  200. Give credit where credit is due. by Codifex+Maximus · · Score: 2

    If the BSD programmer did the work, give him/her the credit. Nuff Said.

    By the way, I'll be ^%$#! glad when Linux/UNIXen become popular enough that the hardware manufacturers will provide us drivers. Drivers in the form of source code/reference drivers (without need for NDA) or precompiled modules ready to load.

    Codifex Maximus

    --
    Codifex Maximus ~ In search of... a shorter sig.
  201. Ok..... by $0+31337 · · Score: 0

    Great, Next time you write some free software, send me the link to the source so I can incorporate it in one of my projects and claim that it's mine.

  202. I think you just unconvinced me.. by MikeFM · · Score: 2

    Well I was all for bringing the hammer down on that guy but in light of the way you just described things I stop to rethink that idea. Frameworks shouldn't be copyrightable anyway so if all he stole was a framework then it's really not the same thing as stealing the real code is it?

    Or does someone have to pay a royalty everytime they decide to burn a cd with 15 tracks and a slight pause after the 7th track? :) Seriously people who think HTML frameworks are copyrighted are missing a few bolts. I've yet to see a website I couldn't copy and improve upon just by looking at it and I've never seen one that was very unique that didn't suck (users find unique sites confussing).

    As for headers though I guess it all comes down to just how much was the same in both versions and how much of those parts require a certain data structure to work with the device in question. Some structures are just very obvious and are usually shared by a lot of programmers. If the guy did do so much reverse engineering to code those BSD drivers RedHat should hire him and put HIM on the job. :)

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  203. Re:There is no "IP" Wake up. by Anonymous Coward · · Score: 0

    No BSD and Linux people are definatly not on the same team.

    Linux developers are doing it for freedom.

    BSD developers do it for a big ego stroking and hope of a pay off some where down the line, such as lead of a proprietary project based off the BSD code that some company whips up.

  204. I'll comment with my wallet, OK Red Hat? by Medievalist · · Score: 2, Troll

    /.
    I switched to Red Hat from Slackware eons ago because the install was less tedious. Slack has since remedied the problem (Thanks Patrick!) and Red Hat's install has gotten all GUI and bloated, but it'd be a lot of work to switch all those servers back now... so I haven't.

    However, if Red Hat's programmers can't give Soren whatever recognition he is due, I will consider that to be a valid reason to switch distros to whoever is willing to do the job right.

    And I always PAY for my distro CDs. Because that's how we keep the distributors in business in my opinion. Since the CDs are not machine-restricted, it's not like the cost is unreasonable anyway.

    So, Red Hat, what's your take? You guys have usually done right by me. Y'all gonna fix this?

    --Charlie
    (who HATES the BSD license, incidentally - Go GPL!)

    1. Re:I'll comment with my wallet, OK Red Hat? by JDizzy · · Score: 1

      Charlie wrote:

      (who HATES the BSD license, incidentally - Go GPL!)

      Why do you hate the BSD license? Because it is more free than the GPL, or because of some other percieved threat it imposes on the GPL?

      Just curious what drives some finux folks to do things negative, like hate. That is an awfully terible way to waste time.

      --
      It isn't a lie if you belive it.
    2. Re:I'll comment with my wallet, OK Red Hat? by Medievalist · · Score: 2
      JDizzy axed:
      Why do you hate the BSD license? Because it is more free than the GPL, or because of some other percieved threat it imposes on the GPL?
      Naw, nothing so philosophical. I just don't like the way the BSD has been used by proprietary software vendors to produce horrible travesties like the Microsoft FTP client and of course the infinitely repugnant HP-UX.

      See, the BSD license, regardless of its original intent, gives a leg up to bad coders...

      Example:
      bash$ strings /dos8.01/WINDOWS/FTP.EXE |grep -i calif
      @(#) Copyright (c) 1983 The Regents of the University of California.


      ...and at the same time lets them close off the source so I can't simply fix their more egregious errors.

      The GPL, by forcing the source open, prevents this sort of nonsense. That's why I like the GPL!

      I'm not focusing any effort on "code freedom", although I certainly prefer to use and write free code (GPL'd code that is). I am old and it takes most of my energy to work on adoption advocacy and education issues, which are more important to me.

      Oh, and incidentally I don't consider myself "finux folks" although I certainly see how others would. I would prefer an open-source version of DEC's VMS that ran on commodity hardware, if only such a thing existed.

      Your comment on hate is duly noted and appreciated; perhaps it would be more accurate for me to say something like "The perversion of good code that the BSD license allows leaves me sad and disgusted".

      --Charlie
  205. Doesn't matter. by booch · · Score: 3, Interesting

    It doesn't matter how much code or ideas you borrow. With Open Source code, all you really have to do is give credit where credit is due. (Assuming the licenses are compatible, which they generally are when using Open Source.) And you should really be crediting people for what they've done to help you even if it isn't required.

    --
    Software sucks. Open Source sucks less.
  206. GPL is a virus by Anonymous Coward · · Score: 0

    Those fucking bastards polluted a nice piece
    of code with the GPL crap.

    1. Re:GPL is a virus by Anonymous Coward · · Score: 0

      Go ahead. Take a bite.

      If something is released illegally under any license, then the license doesn't stand. So, even though this code was released as GPL, it was done so illegally, the GPL doesn't stand. But, IANAL, yada yada yada, not legal advice.

      Taste good?

  207. Re:but... by Anonymous Coward · · Score: 0

    Well if you go by what universities use you would think pascal and fortran are still major languages in the real world.

  208. No! by jasonzzz · · Score: 2, Insightful

    Read it again - this does not qualify as "work of authorship". It's merely a collation of facts or maybe discovery. There is no copyright on things that you discover. You can't collate a list of songs and call that an original work as much as you can collate a list of phone numbers or cataloging how a particular interface works.

    There is no doubt to Soren's claim that he did lots of work, but it's not enough to get a license, and neither does it qualify as IP... he deserves credit for the work of getting it, but bully to actually claiming "original" work in putting together the interface description.

    Note that he *did not* invent the interface, he catalogued its behaviour. Someone else invented the interface should get the credit of IP and licensing, etc.

  209. Maybe you should take a look at the code first... by iserlohn · · Score: 1

    The header files may represent many months of reverse engineering, but it certainly didn't look it.

    I would compare this more to a student that used code example from a textbook, but forgot to attribute it. There is clearly no malicious intention to plagurize.

  210. Typical. by Anonymous Coward · · Score: 0

    This is just so typical. A bunch of wannabe hackers playing with their toy OS don't know how to actually *design* a new OS feature, so they just go out an just *steal* it from - what do ya know - a professional open source OS: FreeBSD.

    My message to the Linux hackers is: it's nice that you have a toy to play with, but if you don't know how to make a nice new architecture: either borrow it from the people who know (FreeBSD code) and honour their licence, or just don't do it.

    I wouldn't be surprised if Linus 'learned' a lot from the BSD code, like the complete networking layer. Except for the bad things in Linux of course (VM anyone? it has been rocking in FreeBSD from some years now...)

  211. Blame emacs by zeda · · Score: 4, Funny

    He probably just hit M-x accidentally-remove-copyright-header in emacs.

    Happens to me all the time. Or was it diff --remove-copyright-header.

  212. um.... by Anonymous Coward · · Score: 0

    "That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort. Søren's intellectual property is tied up in those files."

    Isnt this like "I stole it first fair and square"

  213. It's the kernel, dude by shaldannon · · Score: 1

    Not just Red Hat. True, Red Hat employees did the dirty work, but the fact of the matter is that you'll have to use pre-2.4.x kernels if you want to make a true statement (at least until they re-attach the copyright or write their own RAID code).

    --


    What is your Slash Rating?
    1. Re:It's the kernel, dude by Medievalist · · Score: 2

      /.
      Oddly enough, I'm using a 2.2.19 kernel these days (with a planned upgrade to 2.2.20 in the works).
      Can't say I did this on purpose, though, I just don't need the capabilities of 2.4 at this point. On of my co-workers has a RH 7.x box (and again, we bought the big CD set) for evaluation purposes. I'll add the resolution of all known IntProp issues to the checklist.
      --Charlie

  214. This is why... by HamNRye · · Score: 2, Funny

    You should never let people look at your source code...

    ~Hammy

  215. Just use the digraph by DunbarTheInept · · Score: 2

    In insert mode: press ctrl-K, then o, then /

    ("Oh and slash put together" should be really easy
    to remember. In fact it's the first thing I tried
    when I decided to give this a whirl in vi.
    (Now of course if you have the wrong font, it
    doesn't have the ø character, but that's not vi's
    fault.)

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  216. Re:There is no "IP" Wake up. by topham · · Score: 3, Interesting
    First, it is quite possible the programmer involved simply copied the relevent lines and pasted into into a new project.


    It is also quite possible someone else documented the structures and the programmer re-build the header file from said documentation. The structures themselves would likely end up with the same names, and depending on the prevalining naming convention at the time it may look as close as it does without actually being a direct violation.


    Header files of this nature are ALWAYS going to look very similar when it is for the same device. As for 'his IP' based on reverse engineering the interface. Sure, except copyright doesn't exist for anything except the actual implementation. documenting it and redeveloping it IS NOT a copyright violation.


    A header file such as this is close to simply respecified facts.

  217. Actually... by mindstrm · · Score: 2

    Actually.... the phone book IS under copyright. Databases made up of individual non-copyrightable information can still be copywritten.

    A struct is NOT just 'a list of things'. It's source code.

    You cannot take a phone book, copy it, and sell your own phone book.. it's a violation of copyright.

    1. Re:Actually... by Scott+E.+Johnston · · Score: 1
      Right, the entire book with yellow pages ads and introductory pages and layout is copyrighted. And the facts contained within, the names and numbers are not.

      In the case of this header file the position and type of each datum in the structure is a statement of fact. You could argue that the names given the members of the structure, and the documentation for each are a copyrightable "expression of an idea". But they too seem (or should be) nothing more than a concise description of something that already existed, a fact.

      Also in this case a struct is more than source code, it's a user interface. And if I remember Apple v Microsoft right, it ain't that easy to copyright a user interface.

  218. Rerverse engineering by notext · · Score: 1

    Since he reverse engineered it as he says, what did he reverse it from? Was that not under copyright or some type of license?

    Maybe my idea of reverse engineering is different but I don't think it should be copyrighted.

  219. Fuck 'em. by swordgeek · · Score: 2

    If it's really the same code, then (a) extract a large payment from them, or (b) nail 'em to the fucking wall and watch 'em bleed.

    Given that there are no honest companies in the world, all you have to do is convince them that you WILL carry out (b) to possibly accomplish (a). Just remember that there's no such thing as innocent.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  220. how would [you] fuck a monkey? by Anonymous Coward · · Score: 0

    in 50 words or less...

  221. Is this not covered by the BSD license? by Zocalo · · Score: 1
    I thought the BSD license basically boiled down to "do with it as you please". Technically, that could include filing of the copyright information as has happened here. Or does it really boil down to "do with it as you please, but leave the copyright in the source"?

    I don't see how the latter makes much difference, because if someone were to, say, rip off the TCP/IP stack for their own closed source operating system, that info doesn't make it into the final product, does it? Could one of the BSD license hawks out there clarify?

    --
    UNIX? They're not even circumcised! Savages!
    1. Re:Is this not covered by the BSD license? by ZerothAngel · · Score: 1
      I believe it's the latter: "do with it as you please, but leave the copyright" (doesn't necessarily have to be in the source though).

      If BSD licensed code were used in a closed source project, the copyright acknowledgement would still have to exist somewhere (documentation, etc.) because of this clause:

      Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      A typical BSD license can be found here. It seems fairly self-explanitory and clear.

    2. Re:Is this not covered by the BSD license? by keramida · · Score: 1

      Read the license again. The BSDL is definitely not about

      "do with it as you please". It also says that

      you as long as you don't claim having written

      this, then you can do as you please.

      --
      My other computer runs FreeBSD too.
  222. Just proves bsd superiority by bwhalen · · Score: 1

    No need to read too deeply into this..

    --
    Where do you want to be, What are you doing to get there.
  223. i know of other things stolen and now in linux by Anonymous Coward · · Score: 0

    i know of other things stolen and now in linux.

    lots of them.

    one thing originally by Darin Adler comes to mind. His code was stolen and turned into "gnu" liscence without his knowledge.

    there are olthers

    thats why i support non-hypocritical free (really free) FreeBSB , netbsd, openbsd.

    1. Re:i know of other things stolen and now in linux by Anonymous Coward · · Score: 0

      If BSD code is really free why is this stupid little panzy making a big fuss? doesn't look very free to me. Use BSD code and risk getting attacked by a nerd having a temper tantrum.

  224. Offtopic: Modded replies by Jinjuro · · Score: 1

    Is it just me or have there been many more 4's and 5's today than in quite a while.

  225. Simple solution by raynet · · Score: 1

    We now have three choises. We can keep using the current headers or someone reverse-engineers the information again and licenses it under GPL or we can reverse-engineer the BSD headers. I don't see why it would be impossible to reverse-engineer opensourced code/programs, it is even a bit easier than binary only code.

    --
    - Raynet --> .
  226. And yet you still bash Microsoft by Anonymous Coward · · Score: 0

    I don't know why Microsoft is even being dragged into this conversation. Even when something like this happens in the Linux community, some of you people still point fingers at Microsoft. Get a Life!

  227. Has to be said by Mandelbrute · · Score: 2, Funny
    Microsoft has incorporated BSD code into Windows various times,
    This is also true:

    Microsoft has incorporated BSOD code into Windows various times.

  228. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  229. Re:My Experience With Linux by Zeio · · Score: 2, Offtopic
    I work as a consultant for several fortune 500 companies,

    No, you don't.

    and I think I can shed a little light on the climate of the open source community at the moment.

    No, you can't.

    I believe that part of the reason that open source based startups are failing left and right is not an issue of marketing as it's commonly believed but more of an issue of the underlying technology.

    Broad statement. Incorrect. IBM and HP back/develop Linux, Dell sells Linux servers, etc, etc. The Gartner Group just recommended against using IIS. Cobalt and RedHat hardly failed as "Linux startups." Most linux code is portable in one way or another if its correctly written. Open Source has proven and will continue to prove that software should cost nothing. (Given that Mickeysoft doesn't accept liability, its essentially worthless.

    I know that that's a strong statement to make,

    No, its idiotic.

    but I have evidence to back it up!

    No, you don't.

    At one of the major corps(5000+ employees) that I consult for, we wanted to integrate Linux into our server pool. The allure of not having to pay any restrictive licensing fees was too great to ignore. I recommended [SIC]the installation of several boxes running the new 2.4.9 kernel, and my hopes were high that it would perform up to snuff with the Windows 2k boxes which were(and still are!) doing an AMAZING job at their respective tasks of serving HTTP requests, DNS, and file serving.

    So you went your own way and installed your own kernel, not using the default kernel or default kernel sources from a particular distribution. You failed to mention the distribution. High performance DNS is best outsourced for large companies try www.ultradns.com. You did no qualifying as 2.4.9 is fresh out of the ftp. The Gartner group recommended against the use of IIS, which owns a mere 25% of that market. 60% is apache. http://www.netcraft.com/survey/. Fileserving is trivial, and Linux offers a myriad of FS choices, XFS (SGI), JFS(IBM), Reiser, ext2, ext3, for various needs. From true logging/journaling to simple filesystems. Most of the time, Samba drastically outperforms NT/2000 boxes with the SMB protocol.

    I consider myself to be very technically inclined having programmed in VB for the last 8 years doing kernel level programming.

    You aren't. Delusion.

    I don't believe in C programming because contrary to popular belief, VB can go just as low level as C and the newest VB compiler generates code that's every bit as fast.

    Troll. C doesn't believe in making it easy for morons, sorry you were left out of the loop.

    I took it upon myself to configure the system from scratch and even used an optimised [SIC] version of gcc 3.1 to increase the execution speed of the binaries. I integrated the 3 machines I had configured into the server pool, and I'd have to say the results were less than impressive...

    GCC 3.1 isn't out yet. 3.01 is. The kernel documentation tell you to use EGCS 1.1.2 / GCC 2.91.66, but you can't read. I've had not problems with Linux 2.4.3 - 1.4.10 with gcc 3.00 or 3.01, nor with Mozilla 0.93/0.94, nor with any other things I have compiled with GCC on Linux. The processes will run without leaking for at least on the order of months. I had shells on Linux kernels that will run on the order of years. You are apparently I'll equipped to manage an enterprise Unix solution.

    We all know that linux isn't even close to being ready for the desktop, but I had heard that it was supposed to perform decently as a "server" based operating system. The 3 machines all went into swap immediately, and it was obvious that they weren't going to be able to handle the load in this "enterprise" environment. After running for less than 24 hours, 2 of them had experienced kernel panics caused by Bind and Apache crashing! Granted, Apache is a volunteer based project written by weekend hackers in their spare time while Microsft's [SIC] IIS has an actual professional full fledged development team devoted to it. Not to mention the fact that the Linux kernel itself lacks any support for any type of journaled filesystem, memory protection, SMP support, etc, but I thought that since Linux is based on such "old" technology that it would run with some level of stability. After several days of this type of behaviour [SIC] , we decided to reinstall windows 2k on the boxes to make sure it wasn't a hardware problem that was causing things to go wrong. The machines instantly shaped up and were seamlessly reintegrated into the server pool with just one Win2K machine doing more work than all 3 of the Linux boxes.

    Ximian, KDE 2.X are pretty hard to beat. Too much functionality for the basal minded. I've seen a 32MB piece of crap Cobalt box with Linux 2.2.16X survive quite a large beating. You used the wrong compiler to build the 2.4.9 kernel anyway. You probably didn't link /usr/include to the linux source tree. There is ReiserFS in the kernel, there are several distributions including journalled filesystems in them, XFS is offered with RedHat 7.1 via SGI. JFS is able to be put in. Reiser is already there. SMP support has been there since 2.2. You are wrong. The memory is far more protected than it is in Windows anything. I have never seen apache crash, nor BIND for that matter. Funny, your amateur ass stages servers for Fortune 500 companies on production boxes and then has to re-install Windows? Never was there a day where a Unix server could not do more with less hardware than Windows. Ever. Even Apple chimed into that idea.

    Needless to say, I won't be recommending [SIC] Linux/FSF to anymore of my clients. I'm dissappointed [SIC]that they won't be able to leverege [SIC]the free cost of Linux to their advantage, but in this case I suppose the old adage stands true that, "you get what you pay for." I would have also liked to have access to the source code of the applications that we're running on our mission critical systems; however, from the looks of it, the Microsoft "shared source" program seems to offer all of the same freedoms as the GPL.

    Needless to say you cant spell. You don recommend anything to anyone, your delusions of grandeur are most amusing. If you want to pay for support, you can. RH support is quite good, actually. Given that you recompiled the kernel on a system with the wrong compiler and then whine about it, you complain about Linux? Shared source is not completely open, retard, its chunks of code. And for the complete source you have to shell out big cash. Most appliances run non-Microsoft Code.

    As things stand now, I can understand using Linux in academia to compile simple "Hello World" style programs and learn C programming, but I'm afraid that for anything more than a hobby OS, Windows 98/NT/2K are your only choices.

    Linux is in academia because it is meritorious. Lotus Notes, Oracle, SAP are all ported to Linux, hardly "Hello World". It's a hobby to you, you clearly have to spend more time with it because you sir, are a complete and utter moron. Nick try on a troll.

    --
    Legalize the constitution. Think for yourself question authority.
  230. Re:anecdotal evidence by MarkusQ · · Score: 2
    Why bother to provide antecdotal evidence.

    I recall, for example, a murderer was caught, but was later found innocent because the glove didn't fit...

    Yeah, let's look at the facts at *this* case please...

    I'm sorry, I thought my intent would be clear from context. I wasn't attempting to offer anecdotal evidence; I was attempting to introduce reasonable doubt, by showing that there could plausibly be another explanation for the facts as we know them.

    I was not attempting to argue that this alternative possibility was in fact true, merely that it existed.

    -- MarkusQ

  231. yeah, I'm sure this is ArjanVen by Anonymous Coward · · Score: 0

    user number 500,000+ : free

    claiming to be someone he's not: free

    getting a +5, informative: priceless

  232. A shame it might be ... but for whom ? by Anonymous Coward · · Score: 0

    I love this intellectual property bit. I'm not saying Søren is or isn't due some form of entitlement. But he said right out that he got the code through reverse engineering. Yet a look at his header files revealed no mention of thanks to those he got the code from. Isn't this in a way calling the kettle black.

    See below for exact quote from Søren:

    As Søren says "The problem here is that the structures in the headers is the whole story. That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort."

    So the bottom line is that Søren reversed engineered code which he borrowed from without giving credit then Linux borrowed his Søren's code without giving credit. Am I missing something here.

    1. Re:A shame it might be ... but for whom ? by Anonymous Coward · · Score: 0

      s painfulas it may be to some people, the truth is that BSD really is dying. This Søren guy realizes it, leading to his pathological rage. It is somewhat understandable, sort of like he bet all his money on black and the wheel came up red. Nevertheless, Soren's public temper tantrum is disgraceful. Søren's duplicity in this manner is a blot on the BSD community at large. Although the BSD community may be in decline with respect to marketshare and user base, it must not be allowed to decline in civility.

  233. Mr Kettle, meet Mr Pot! by thorpej · · Score: 4, Flamebait

    Check out the very first revisions of the Linux compatibility module in FreeBSD. It looks quite a lot like the NetBSD Linux compatibility module of the same vintage, which was written by Frank van der Linden and committed to the NetBSD source tree (which was the first public release of that code) -- yet all the files say Soren Schmidt at the top.. Amazing!

    --
    -- Jason R. Thorpe, NetBSD and FreSSH developer
    1. Re:Mr Kettle, meet Mr Pot! by Anonymous Coward · · Score: 0

      whatever dood, you're just bitter because such a small fraction of bsd users care about your project. maybe you should quit bashing FreeBSD, and realize that (at least WRT slashtrash) you are on the same team.

  234. Re:amen! --uh-- i mean, yeah! by Anonymous Coward · · Score: 0

    So what exactly is it Linus is trying to tell us??? Like, is it "10" because it's in-between "9" and "11" -- you know, THE date?

    ; - )

    One of the funnier comments I've seen all day (all week?). So now all you numerology freakazoids can wake up, laugh at yourselves, and move on.

    Admiral Yamamoto

  235. Re:Yeah but BSD stole its TCP/IP stack! by Anonymous Coward · · Score: 0

    You know I had almost forgotten how BSD and MS gotten so intermingled till you mentioned. Gee thanks I could have overlooked the fact BSD stole it's IP Stack from MS/PC DOS. What a genious.
    Another tool to fend off the BSD hoodlums. :)

  236. Re:The Pot Calling the kettle black by Anonymous Coward · · Score: 0

    Well at least till he enters the U.S. for a lecture or vacation.

  237. Your off a little by digitalunity · · Score: 1

    You certainly do not expect to get fortune off of your open source code. The whole point of the open source license model is that it STAYS open source. So that if someone uses your code and improves it, you get to see what they did. Lawsuits are a convenient way to punish those who don't abide by the license stipulations. This so-called "infighting" is nothing more than the (proper) response to something designed to be free being stolen.
    I agree: zealots in the Linux(and BSD) communities have always been a little highstrung. But their basis for zealotry hasn't been unfounded.

    digitalunity

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  238. Go ahead and moderate ACs. by Ungrounded+Lightning · · Score: 2

    Moderators: don't mod up stuff unless there is PROOF or this person has put a real name behind their statements.

    You misunderstand the purpose of moderation.

    Moderation is to call readers' attention to interesting/informative/funny/whatever POSTINGS, and make it easier for them to avoid redundant/trolling/whatever POSTINGS.

    When someone choses to post under their ID they also gain karma if they're moderated up. If they have a preponderance of stuff others want to see eventually their karma gives them an automatic bonus point, to bring their stuff to your attention more quickly. (Similarly, anonymous postings are less likely to be of interet / more likely to be obnoxious, so they start out with a one-point penalty.)

    But that doesn't make a particular posting any more or less interesting/informative/redundant/trolling/whateve r when it's posted anonomyously.

    So moderators SHOULD moderate anonymous postings up or down, as appropriate.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  239. just please by Anonymous Coward · · Score: 0

    keep that damn abnoxious BSD license out of the Leenooks kernel

  240. Key words: by Anonymous Coward · · Score: 0

    Proprietary format...

    think about this... how different could 2 structs to read a proprietary format be?? Similar, yes, verbatim, no. Give the guy who wrote the linux code a chance to respond, at least.

  241. Copyright by manon · · Score: 1

    First of all, the two codes look familiar one to another, no doubt 'bout that. So I guess it's up to the Redhad guys that hacked that part of the kernel to add the copyright and maybe make some public apologies.
    I guess that is the least they can do.
    Second thing is that déja vu's are very dangerous...
    It means that something has been changed inside the Matrix. We have to check if backdoors have been made in the kernel in that glimpse of a fragment of that second Søren Schmidt saw the theft. ;)

    --
    42 + 1 = 42
  242. Redhat filing IP notes? by bishopolis · · Score: 1

    Yeah, what's new? Compare the PPTPd (PoPToP) RPM, which provides a SPEC-file diff like:

    - Some other guy packaged this
    + we packaged this

    And that's it. No Thanks, Mr We-just-lifted-your-work for all the effort, no mention of anyone else. Did anyone ever think that this kind of petty theft - of SPECs - wouldn't escalate into an all-out IP Theft case?

  243. Re:Maybe you should take a look at the code first. by Frank+T.+Lofaro+Jr. · · Score: 1

    I am not actually stating this, but I wonder what you think about the argument that since it was reverse engineered intellectual property, that the one doing the reverse engineering didn't "create" the IP, but rather unobscured it? Then one could argue that he/she wouldn't need to be credited.

    --
    Just because it CAN be done, doesn't mean it should!
  244. Stucts for hardware will often be the same by jgp · · Score: 1

    Same bits/bytes layed out in the same order on the hardware will/should lead to same/similar structs in memory. That assumes that the granularity of each component is either implicit or defined explicitly (ie. you can mask and chop 4 bytes or one int - same result when written out).

    That said, the inclusion of that comment and the identicle white-space would, if submitted to me for marking in DRIVERS101 would lead to an instant fail and suspension of commit rights.

  245. Aww, cmon by Anonymous Coward · · Score: 1, Insightful

    This is almost certainly a simple error. The files in the example were obviously chosen for shock value.

    They're just a couple of data structures. you have to give the elements meaningful names, and there arent many choices.

    Im sure the attrib will be fixed. Now, lets not infight and get on with developing two decent Open Source OSes.

  246. Shut your cake hole by Anonymous Coward · · Score: 0

    Making sure it actually runs one older system is a good thing you idiot. What,you what an OS and softwere that eats ram and cpu cycles for breakfast? That 1Ghz system running too fast for ya? Well just go over to MS or Borland or AOL/Netscape or "placenameofbloatedcrapsoftwarecompanyhere"

    1. Re:Shut your cake hole by Anonymous Coward · · Score: 0

      Last time I looked, Borland was a noble exception in this list.

  247. Eh? by Behrooz · · Score: 1

    But I thought it was a news site... now I'm confused! ACK!

    --
    "We have to go forth and crush every world view that doesn't believe in tolerance and free speech." - David Brin
  248. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    "cant spell"? "It?s a hobby to you"?

    Whose the one who can't spell here?

  249. Have you read it? by Niscenus · · Score: 1

    It's not verbatum, now is it? Personally, I'm a bit split on this. If the few people on slashdot that actually programmed looked upon this code, particularly those with experience in reverse-engineering, I'm sure they could tell you that, in the process of such an act, despite the PERL cheer otherwise, one tends to have a similarly structured code.

    --
    "Yeah...it was the numbers that were irrational, not the murderous cult of vegetarians...." -- Hippasus of Metapontum
  250. Why was this important? by LinuxATA · · Score: 2, Flamebait

    Congrats Nik, Nice job on hurting FreeBSD. We will see where the so called IP borrowing leads to in the near future. Specifically things like 48-bit LBA, MMIO VirtualDMA under taskfile rules, Mt Rainier GAA decoding and DeIcing, and the new Ultra133. The real kicker will be when I publish the correct and legal headers w/ Linux ATA Development and Promise Copyrights and GPL and require that usage of the information carry the copyrights and terms of usage. This will also include a set of headers for HighPoint, and Silicon Image (formerly CMD). Since I know for a fact that FreeBSD can not do CMD RAID, nor has it heard about it. I am only here to validate your child-like response, as a future reference point to enjoy you choking down the crow you are spreading. I have no issues with Soren (mispelled sorry), but your mistakes will have a price. I hope you feel really good about yourself, because you are a big man. Only because you wanted to thumb us, the Linux Community, in the eye, is the reason you thought it would be useful to paint the world a bloody gaping pie-hole. I really hope you enjoy your time of glory and fame, because you have failed to address my request to clear my name from the issues. A price that would have been cheap pay earlier but, not affordable now. For now it is time to take FreeBSD and all the other variations of BSD to school, watch learn and I will require that my work and my IP be acknowledged in all of these from now on out. I understand that this may prevent you from ever having support and access to some really cool stuff coming down the pipes, because of the License you will be require to acknowledge where and who you are borrowing IP. Please have a good day. Respectfully, Andre Hedrick Linux ATA Development

    1. Re:Why was this important? by Anonymous Coward · · Score: 1, Insightful

      Andre,

      I think it is unfair to punish BSD for mistakes
      of one pimple-faced undernurished infantile retard
      coming by the nick of Nik. He is not representative
      of BSD as a whole. I worked with a number of BSD
      people and all of them were pretty decent.

      -- Pete

    2. Re:Why was this important? by LinuxATA · · Score: 0, Redundant

      Pete,

      You have a point, but I want to make the other point about where all the information is generated. I will lighten up later, but I want to prove the point of eating crow when one carelessly drags private issues public.

      Regards,

      Andre Hedrick
      Linux ATA Development

    3. Re:Why was this important? by phkamp · · Score: 1

      Will the real Andre Hedrick please come forward and tell us that this is a fake, please ?

      I can't for the life of me imagine that the Linux community would rely on something as crucial as ATA drivers being written by somebody with such a childish attitude.

      Just in case this is a genuine message:

      1. FreeBSD has a well established procedure for handling GPL code: we put it in a separate directory subtree where people can easily find it (src/sys/gnu for instance): Just because something is GPL doesn't mean it cannot be part of FreeBSD.

      2. I hope for Linux' sake that Linux get a more mature ATA developer RSN.

      Poul-Henning

      --
      Poul-Henning Kamp -- FreeBSD since before it was called that...
    4. Re:Why was this important? by Anonymous Coward · · Score: 1, Insightful

      As painful s it may be to some people, the truth is that BSD really s dying. This Søren guy realizes it, leading to his pathological rage. It is somewhat understandable, sort of like he bet all his money on black and the wheel came up red. Nvertheless, Søren's public temper tantrum is disgraceful. Søren's duplicity in this manner is a blot on the BSD community at large. Although the BSD community may be in decline with respect to marketshare and user base, it must not be allowed to decline in civility.

    5. Re:Why was this important? by LinuxATA · · Score: 1

      Poul-Henning,

      Oh it is the real me.

      Just remember that I am the industry insider representing Linux and you have none. Be grateful that I have not pushed the issue of FreeBSD using my work. You should also be grateful that I will still push for OPEN SPEC's regardless that the folks in your camp publically trash w/ joy the work I do for the greater OpenSource Community. Only because Soren is a nice guy as is Mike Smith, do I find it not necessary to have a child-bashing rant like Mr. Nik.

      I am more bothered being dragged into by association than anything else.

      Regards,

      Andre Hedrick
      Linux ATA Development

    6. Re:Why was this important? by Anonymous Coward · · Score: 0

      /me ^5; +50 points for phk

      You are the man.

    7. Re:Why was this important? by Anonymous Coward · · Score: 0

      Hah, always got to have the last word, eh andre?

      I think that fact alone proves it:

      phk > andre

      Congradulations on being an "industry insider" - that's a real accomplishment, isn't it? Being able to implement some code to the specs that someone else designed, that's really something I wish I had the privilege of doing. Oh wait, I don't.

      You know, phk is the man behind devfs, jail(8), and md5 password hashing - and the list hardly ends there. I'd say that's a tad more respectable then being some goon chosen to sign papers and implement someone else's design. We refer to that sort as "code monkeys" - sure they know C, but they're still monkeys.

      Quit over-estimating your own worth. You could be easily replaced by any of the top 150 people on this list, that is if any of them could be convinced to sign away their sole for an NDA for something as limited as producing GPL'd source code.

  251. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    Obviously not you.

  252. Microsoft loves BSD by webweave · · Score: 1

    Its the BSD license that has allowed M$ to steal TCP/IP and kebrose (to name only two that started on BSD) if Microsoft had incorporated this new ATA code into XP it would be ok because they don't redistribute the source code. Linux is being held to a higher standard because it includes the source. Funny how that works with BSD.

    Has the time come to stop using the BSD license and support the GNU?

    BSD=code for free and Bill Gates gets to keep it.
    GNU=code for free and screw Bill Gates.

    While I agree that if BSD code by Schmidt was used he should be credited but I would like to appeal to Schmidt to use the GNU and stop the bigger problem.

  253. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    From the original moron (Egregious spelling mistakes):
    recommended
    optimised
    Microsft's
    behaviour
    recommending
    dissappointed
    leverege

    Zeio:
    cant should be can't (BFD)
    it's not used as possessive, it should be its.
    nick should be nice.

    I think you are a dirtball. Its obvious Zeio got tired near the end refuting a troll.

  254. Re:My Experience With Linux by Ender_the_Xenocide · · Score: 1
    recommended [SIC]

    "recommended" is correct.

    optimised [SIC]

    "optimised" is also correct.

    behaviour [SIC]

    As is "behaviour".

    The last two are British variants ("behaviour" is also common here in Canada, and I believe "optimised" would be considered the official spelling here, though I've never seen it.) I don't know what you were thinking with "recommended".

    Microsft's [SIC]

    This is, yes, a typo. Gasp.

    recommending [SIC]

    See "recommended".

    dissappointed [SIC]

    Possibly a typo, possibly a genuine spelling mistake. Either way, you only have a 1 in 3 hit rate. Combined with the fact that you made some truly bizarre misspellings - such as "I'll" for "ill" and "Nick try" - and I would say you just shot yourself in the foot nicely.

    Why exactly did you think that flaming the spelling would add to your argument, when there was so much demented ranting about the use of Basic in systems programming and the volunteer status of Apache to pick on? And having decided to flame the spelling, why didn't you take the time to run your assumptions through a spell-checker? (I used www.m-w.com.) "recommended" doesn't even have any variant spellings to confuse you - what were you thinking?

    If the issue had been much less clear-cut, that bit of dumb-ass grandstanding might have cost you the argument. You're lucky you were replying to such a flake. If this had been posted on sci.math instead of Slashdot, it would have contained the phrase, "I consider myself to be very mathematically inclined having worked with elementary algebra for the last 8 years proving Fermat's Last Theorem."

    Joe

  255. patch-to-2.4.10 by TitaniumFox · · Score: 4, Informative

    The Linux-IDE site has already been mentioned, but I thought it interesting to point out a particular part of it that hasn't been mentioned. This also follows up some of the "don't download 2.4.10 until proper credit is given" whiners.

    check out patch-to-2.4.10

    Try these few lines:
    +++ linux2410/drivers/ide/hptraid.h Mon Sep 24 10:35:39 2001
    @@ -1,4 +1,32 @@
    -
    +/*-
    + * Copyright (c) 2000,2001 Søren Schmidt
    + * All rights reserved.

    ...and also...

    +++ linux2410/drivers/ide/pdcraid.c Mon Sep 24 10:37:13 2001
    @@ -12,9 +12,7 @@

    Authors: Arjan van de Ven

    -
    -
    -
    + Based on work done by Søren Schmidt for FreeBSD

    That's good enough for me, plus, the timestamp on the patch file is Sept 24.

    Does anyone read patch files anymore? ;)

    TiFox

    --
    -- I'd say your post was about 3 monkeys, 18 minutes.
  256. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    Idiot - Read the parent first.
    In the ORIGINAL text, most of those are misspelled:
    "reccomended"
    "optimised" - Could be a British person, doubt it.
    "Microsft's" - Typo - as careless in typing as in thought.
    "behaviour" - Again, possibly British attempt. Again that is unlikely.
    "reccomending" - spelled again wrong in the parent.
    "dissappointed" - again wrong, if you scientific self could be bothered to go to the source.
    "leverege" - again, incorrectly spelled.

    I guess the other author couldn't help but to fix the egregious mistakes in the original.

    "Possibly a typo, possibly a genuine spelling mistake." - This is a sentence fragment, Einstein.

    "I'll" for "ill" is probably a spelling checker mistake.

    Your inability to cross reference a source cost you the argument, you impetuous knave. You are a knee jerk ass, and you now know it. You have also rushed to the defense of a clearly inferior individual.

    Hey, poindexter, go back to your hole in the wall sci.math and fester there. I suppose your dilbertesque colleagues care not to reference the originals in coming up with intellectual tripe to banter about while mentally masturbating on Usenet. I'm sure I'll never see your moron ideas published in any capacity.

    Typical of the peons stranded in Canada to try and crawl out from under a rock and wave the maple leaf.

  257. Hang on... Reverse-engineered "IP"?!? by rdmiller3 · · Score: 1

    Soren says he didn't invent those data structures... he reverse-engineered them.

    Seems to me that reverse-engineered information isn't exactly the intellectual property of the reversing engineer. Sure, he spent some time figuring out what someone else had done but the real IP is the work of the original implementing engineer.

    Keep in mind that many user license agreements prohibit reverse-engineering, portraying that act as IP theft...

    "There is no honor among thieves."

  258. Re:hahah by Anonymous Coward · · Score: 0

    Pentagon you towel head loving traitor to humanity.

    What happened was not funny.

  259. Re:My Experience With Linux by aoeuid · · Score: 1

    Hold on now, there is absolutely no reason to go and turn this into another Canada bashing discussion. Stupid American.

  260. read the code for yourself by Anonymous Coward · · Score: 0

    for all those lazy idiots who are speculating that maybe they came up with similar structures:

    1. yes hardware will enforce similar structures
    2. READ THE CODE. links to examples are given. they are not hard to click on. how lazy are you? If you look at the examples, you'll see there is no question that the code is the same. PRACTICALLY IDENTICAL. (ie only about 2 or 3 _characters_ different out large (1000s of chars) structure definitions.)

    save bandwidth and do some checking before posting (or just don't post at all).

    P.S. the files have now been updated with proper copyrights, in case you are still thinking that maybe it was a coincidence...

  261. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    Yeah, you guys bash yourselves.

    Nice job selling nuclear reactor parts to any nation, particularly ones that want to destroy the USA.

    Nice job buying our F-18 planes while knifing us in the back.

    Nice job harboring terrorists because your spineless government does nothing because they are afraid of the repercussions.

    Nice job with those orphanages up there. Yeah, I know the dark secret.

    Nice job making it comfortable to live on welfare.

    Nice job running ads on TV after September 11th beckoning businesses to escape to Ontario.

    Try actually contributing something to the world. (Berkeley, Caltech, MIT, Harvard, Stanford, IBM, Johns Hopkins, Boeing, GE, etc, etc).

    If we stupid Americans are so stupid, you withered ass, why is our economy the strongest? Why is the dollar a benchmark currency? Why do most countries store gold here? Why do you bless you with NAFTA to get stabbed in the back?

    He is the one who mentioned Canada with a breath of superiority, where no such superiority exists.

    Learn to get something else done besides cutting trees.

    I hate these blanket statement troglodytes that ooze from their snow caves in the North to bash us with their ultra-liberal spineless frog like attitude.

    And curious use of "another." Canada bashing sessions are common for a reason.

    Go sell nuclear reactor parts we taught you how to make or the French gave you to North Korea, go on, go back to knifing us in the back.

    Chretien the cretin has to feed the egos of Canadians. You believe you are a bonafide sovereign nation. Your soft approach to the heinous crimes perpetrated against the US on the 11th are NOT appreciated.

    How about: 60 Minutes: February 2, 1997
    Canada's Dark Secret (Canada continues to harbor alleged Nazi war criminals as Jewish community speaks out);

    Or how about the BOYS OF ST. VINCENT, you like abusing little boys.

    And Canadian Uranium propagation:
    "No proven method exists for preventing incorporation of Canadian uranium into military applications"
    Joint Federal-Provincial Panel on Uranium Mining Developments, 1993

    CANDU exports: Proliferation Risks
    Every CANDU reactor produces plutonium which can be used for nuclear bombs at any time in the next twenty thousand years. In other words, long after the reactor that produced it has been shut down, decommissioned or forgotten, and long after the regime that signed a nuclear cooperation agreement has been consigned to history, the plutonium will still be available for weapons use.

    In 1994, the National Academy of Sciences stated that it would be quite possible for a potential proliferator to make a nuclear explosive from reactor-grade plutonium using a simple design.

    GOOD JOB. YOU'RE A WINNER.

  262. Andre's mail on lkml - "BSD-Linux FlameWar over .. by jaju · · Score: 3, Informative

    (Modified a bit because the comments.pl on slashdot would crib about some junk chars)

    It is clear that BSD is going off the deep end.

    Linux ATA Development has a Legal signed NDA for the proper development of
    the complete and correct FastTrak(tm) open sources driver.

    I will soon publish the complete header codes in a original header w/
    a Linux ATA Development Copyright and Promise Technologies Copyright.
    The driver will have a GPL statement be issued in the headers and source
    files to prevent the usage in BSDish environments. I have not tolerance
    for being labled a thief.

    I will prove the point that Linux does not "STEAL IP", then watch BSD
    "borrow" from Linux. Just like we will watch 48-BIT Addressing be
    borrowed without credit. Just like we will watch the new Ultra133 drivers
    be borrowed without credit. BSD has no legal documentation to develop
    these changes or access to hardware. We will watch and prove where IP
    comes from in the world of storage.

    Ever noticed how Linux had Ultra100 support 10 minutes after the release
    of public information on June 5, 2000 8:00am PDT?

    For now the Linux Open Source drivers for SoftRAID need to go away.
    Not to worry they will return in full swing.

    Date: Wed, 10 Nov 1999 11:32:52 -0800
    From: ---deleted---
    To: Andre Hedrick
    Subject: RE: Research FastTrak66 Ultra ATA/66

    Hi Andre,
    Very interesting work, I can't guess how you did it. Here is our beta
    driver for the Fasttrak. This is the one I told you about. It uses our Raid
    engine (engine3.a). Sorry, but as I mentioned there is no possibility of us
    releasing the source code for this. However you can get a good idea of how
    the engine works by viewing our driver source. Please do not distribute
    this driver or the engine binary to anyone. I've included some quick
    documentation too, I remember there is one step missing but it is obvious.

    begin 600 FT03.TGZ
    <BIG SNIP>
    end

    Here is the proof that I could have done this long before the BSD folks
    had a clue about soft raid engines wrt addon cards.

    Regards,
    Andre Hedrick

    --
    People will do tomorrow what they did today because that is what they did yesterday.
  263. reverse engineering and intellectual property by Anonymous Coward · · Score: 1, Interesting


    "The problem here is that the structures in the headers is the whole story. That info tells how you read the proprietary struct off the disks, and was reverse engineered and documented by me after a lot of effort." Søren's intellectual property is tied up in those files.
    </snip>

    Whose intellectual property is the outcome of a reverse engineering process really?

    --
    jonmartin.solaas@mail.link.no

  264. Microsoft? Respecting licenses? Bah! by Anonymous Coward · · Score: 0

    Are you kidding? We don't have any idea how much stolen code is hidden within windows ...

    For instance :
    ambre:~$ strings /dos/c/WINNT/system32/FTP.EXE | grep -i copyright
    @(#) Copyright (c) 1983 The Regents of the University of California.

    Oh, sure, the original author is explicitly named in the binary file ... because they didn't even think of editing the comments!

  265. The Sad Part by R.Caley · · Score: 1
    Is that if some idiot had done it right this would be a prime example of why people like the BSD style licence.


    <paranoia>
    Check the guy for a history of GPL advocacy:-).
    </paranoia>

    --
    _O_
    .|<
    The named which can be named is not the true named
  266. Probably an accident... by Anonymous Coward · · Score: 0

    I was looking through the kernel source tree (and I agree, the code is practically identical, other than some spacing and lack of comments.) One thing I notice, though, is that practically every other header file in this directory has some form of copyright information at the top. These particular headers do not. This might of course mean that the lines were simply ripped verbatim from the FreeBSD code. However, I find it hard to believe that if they intended to steal it they would take the time to remove comments and such, yet not do anything to further disguise the code. (At least change some variable names or something.)
    I find it far more likely that these headers slipped under the radar and didn't get copyright notices tacked on them at all. Also note that they are not explicitly claimed by anybody (though I guess they probably fall under the broad umbrella of the GPL'ed Linux kernel). Anyway, it may only be wishful thinking on my part, but that's how I read it.
    Who knows how long these headers have sat, unmodified? The CVS log shows that they've been static at least since the start of the 2.4 branch.
    I suppose we'll know when we see how the "authors" react.

  267. *BSD is dying by Anonymous Coward · · Score: 0
    SD s dying

    Yet another crippling bombshell hit the beleaguered *BSD community when last month IDC confirmed that *BSD accounts for less than a fraction of 1 percent of all servers. Coming on the heels of the latest Netcraft survey which plainly states that *BSD has lost more market share, this news serves to reinforce what we've known all along. *BSD is collapsing in complete disarray, as further exemplified by failing dead last in th recent Sys Admin comprehensive networking test.

    You don't need to be a Kreskin to predict *BSD's future. The hand writing is on the wall: *BSD faces a bleak future. In fact there won't be any future at all for *BSD because *BSD is dying. Things are looking very bad for *BSD. As many of us are already aware, *BSD continues to lose market share. Red ink flows like a river of blood. FreeBSD is the most endangered of them all.

    Let's keep to the facts and look at the numbers.

    OpenBSD leader Theo states that there are 7000 users of OpenBSD. How many users of NetBSD are there? Let's see. The number of OpenBSD versus NetBSD posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 NetBSD users. BSD/OS posts on Usenet are about half of the volume of NetBSD posts. Therefore there are about 700 users of BSD/OS. A recent article put FreeBSD at about 80 percent of the *BSD market. Therefore there are (7000+1400+700)*4 = 36400 FreeBSD users. This is consistent with the number of FreeBSD Usenet posts.

    Due to the troubles of Walnut Creek, abysmal sales and so on, FreeBSD went out of business and was taken over by BSDI who sell another troubled OS. Now BSDI is also dead, its corpse turned over to yet another charnel house.

    All major surveys show that *BSD has steadily declined in market share. *BSD is very sick and its long term survival prospects are very dim. If *BSD is to survive at all it will be among OS hobbyist dabblers. *BSD continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, *BSD is dead.

    *BSD is dying

  268. Emacs by jweatherley · · Score: 0

    If iso-accents-mode is on just type /o and all is done for you...

    --

    --
    Reverse outsourcing: it's the future
    1. Re:Emacs by ahrenritter · · Score: 1

      That seems easier than Vim's set digraphs option.
      How would you type a literal "/o" if you needed it with this option set?

      --

      All I wanted was a rock to wind a piece of string around, and I ended up with the biggest ball of twine in Minnesota
    2. Re:Emacs by jweatherley · · Score: 0

      Unset the mode ;)

      If you did this a lot you would set up some key binding to do this.

      --

      --
      Reverse outsourcing: it's the future
  269. What can be stolen if it is open source? by Anonymous Coward · · Score: 0

    So-fuckn-what? it's not stolen but copied, if it does work well, why can't we pick up some code lines from FREE bsd and put them in linux ...

  270. holy shit by rtscts · · Score: 1
    limited scope of copyright

    I haven't heard copyright called that for a looong time.
  271. Re:My Experience With Linux by Anonymous Coward · · Score: 0

    I don't usually reply to trolls/flamebaits, but I feel a pressing need here.

    Would SOMEONE, for the love of God, please moderate this moron down.

    Hm... I feel slightly better now.

  272. You forgot something by Anonymous Coward · · Score: 0

    How about "I'm sorry"?

    1. Re:You forgot something by LinuxATA · · Score: 1

      I did nothing so I have nothing to be sorry about; however, I have now put forward a solution to remove the problem and will make it very pointed when the Legal IP I have requested form Promise shows up in FreeBSD.

      Since you have no knowledge of the whole issues at hand, I should expect mistakes of this nature on your behalf.

      Regards,

      Andre Hedrick
      Linux ATA Development

  273. Schmidt reverse enginered it? Don't think so.. by lameluke · · Score: 1

    Take a look here:

    http://groups.google.com/groups?hl=en&threadm=li nu x.kernel.Pine.LNX.4.10.10012292247350.15613-100000 %40master.linux-ide.org&rnum=1&prev=/groups%3Fq%3D andre%2Bpromise%2Bata%2Bbsd%26hl%3Den%26group%3Dml ist.linux.kernel%26rnum%3D1%26selm%3Dlinux.kernel. Pine.LNX.4.10.10012292247350.15613-100000%2540mast er.linux-ide.org


    ..."It is my understanding that he got all of the info on how Highpoint lays out the geometry of the array directly from Highpoint, and that they were "very forthcoming" with whateveri nformation that the FreeBSD team asked for."

    This was December last year..

    I'm very dissapointed that this wasn't simply solved by a mail from S. Schmidt to Linus Torvalds or Andre Hedrick -- look at all the bad press you've made; for BSD, for Linux and - for Open Source.

    :(

  274. Needs Update by Kajukenbo · · Score: 2

    Slashdot should update this on the home page to reflect this was fixed already!

    --
    assertion: a positive statement, usually made without an attempt at furnishing evidence
  275. Great by mrogers · · Score: 1
    I'm going to develop an ATA driver with the following license agreement:

    Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies and that the above copyright notice, this permission notice and the following insult appear in supporting documentation. This software is supplied as is without expressed or implied warranties of any kind. Bill Gates sucks cock.

    1. Re:Great by Anonymous Coward · · Score: 0

      Actually, I don't think that's enforceable.

  276. I wouldn't call this a theft by uriyan · · Score: 1

    The headers just include information about structs and some magic values. I am sure the ATA specifications contain exactly the same information. Now it's known for sure that the driver source code itself is different, and so is its object code.

    It could also happen that both the BSD header and the Linux header copied either the ideas or the implementation from the original ATA specs (I'm not acquainted with them, so I can't tell to what degree that is possible).

    And finally, we come again to the question what qualifies as IP. The data itself (structs and magic) was publicly available. Therefore the Linux code author may simply claim that he invented the name for the struct fields himself (or that they appear so in the ATA documentation), and so this code was re-written independently, obviously violating no one's IP.

    1. Re:I wouldn't call this a theft by LinuxATA · · Score: 1

      I would like to update you. As one of the few voting members on the NCITS Standards body, there is no information in the ATA/ATAPI Documents to cover this issue. Regards, Andre Hedrick Linux ATA Development

  277. Andre responds... by Anonymous Coward · · Score: 1, Informative

    Hi, I just noticed a post on the linux-kernel mailing list from Andre Hendrick regarding this. It appears that the "Linux ATA Development has a legal signed NDA for the proper development of the complete and correct FastTrak(tm) open sources driver."

    He even got a e-mail from FastTrak which included the beta binary driver, back in November 1999.

    Odd. (The relavent e-mail should be here by tomorrow).

  278. First 4 lines by mrogers · · Score: 1

    #include <stdlib.h>
    #include <stdio.h>
    int main (int argc, char **argv)
    {

  279. Who is astroturfing the "dying BSD" legend? by aphor · · Score: 2, Insightful

    BSD is not dying. The KAME IPv6 stack, as integrated into BSD OS's, for prima facie example, is the reference for how all other OS will implement IPv6. BSD is already (and always has been) as dead as it is going to get: note the sarcasm.

    --
    --- Nothing clever here: move along now...
  280. Stealing by Anonymous Coward · · Score: 0

    "Søren Schmidt was browsing through the 2.4.10 linux kernel source...."
    What were you looking for Søren?
    Inspiration? Educational? Isn't everybody stealing from somebody? Would there be any improvement?

  281. everything must be gpled by Anonymous Coward · · Score: 0

    I think that a way to stop even microsoft from using software illegaly is to gpled everything. This way it would even be a way to let the free software get more improvements than the commertial one and explicitly the Microsoft software. I think it is unfair to make an effort to improve linux and let microsoft use the same software to keep on monopolyzong the market.

  282. Here's the commit by BasharTeg · · Score: 1
    1. Re:Here's the commit by Anonymous Coward · · Score: 0

      commit? COMMIT?

      you linux dweebs finally figured out how to use CVS?

  283. Re:One Answer by evilviper · · Score: 1

    I was merely explaining the extent to which an assembly programmer could go. In reality, all they would want to do is LOOK at the code and see if they find any GPLed software.

    Despite what has been happening, it would be perfectly reasonable to sue a GPL infringer for large ammounts of money, and I suspect that is what will happen if any GPLed code is EVER found in ANY microsoft product (illegially).

    Just think, if some major company got sued for GPL violations, and it cost them $100,000 ... the next company would think twice about illegially using GPLed code. In fact, the programer who's FreeBSD code was plagarized by a RedHat programmer, would have a strong case against RedHat and could make some money on it.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  284. Hmm, maybe you should READ the quote by Esoteric+Moniker · · Score: 1

    No, the author released it under a BSD clause that said his copyright info must be kept with the code and not modified. That's what all this hoopla is about, not the acutal use of the code, but the use of the code without proper credit to the author.

    --

    man RTFM
    No manual entry for RTFM.
  285. A short list by error0x100 · · Score: 1

    No proof? Where have you been living the past five years? Holy crap. I guess you could start with the courts "findings of fact" in the antitrust trial, but thats just the tip of the iceberg. What short memories people have. I guess you didn't read about the multiple times MS has been caught with fake grass-roots support campaigns, fake letters-to-the-editor etc. Or about the times MS has been caught writing code into their OS that either breaks competing companies programs or makes them look bad. Or about the times they've been caught buying "independent reviews". Or copying innovations from other companies and openly claiming that they were MS's innovations. Or when they attempted to "embrace and extend" Java. I guess you never noticed the "halloween document" either. Or the dirty licensing tricks they pulled with the SMB/Kerberos documents. Or when they were caught "cooking the books" in an attempt to smooth their apparent revenue growth, and fired one of their top accountants when he threatened to expose them. Or when they lied about hotmail finally having been converted to run ONLY on NT. Or when they stabbed IBM in the back after pretending be collaboratively developing OS/2. Or when they gave "discounts" to OEMs in exchange for enforcing monopolistic distribution of only Windows and no competing OSs, to the point where it was impossible at the majority of major computer vendors to even buy a PC without buying Windows. Or when there was a, uh, "bug" in IE that displayed a message box encouraging people to switch to ISPs that used Microsoft technology. Or donating computers to Universities in exchange for having the Universitys ONLY teach Microsoft software in their courses. Or when they were caught with Windows Update unknowingly sending personal information back to Microsoft (something that would be illegal in my country), and then claimed that although they had a database they "werent doing anything with it". Or when they were caught having Microsoft Word save identifying information into Word documents, which they then claimed was a "bug". The list goes on. Clearly YOU need to inform yourself. How many dirty tricks can *you* name that the Linux community has attempted to pull over the past ten years?

    It amazes me how people are so willing to just "look the other way" and pretend these things don't happen, I presume just for the convenience of using Windows.

  286. What Regents? by yerricde · · Score: 1

    About 1/3 of the way into the shouted part, you wrote:

    IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE

    Shouldn't that be "THE COPYRIGHT HOLDERS OR CONTRIBUTORS"?

    Lameness filter disclaimer: I know that the netiquette standards consider all capital letters to be lame, but the law requires disclaimers of warranty and limitations of liability to be "prominent," and the easiest way to do this in plain text is to write them in all caps.

    --
    Will I retire or break 10K?
  287. Re:News Flash! Crack addled moderators strike agai by ajokela · · Score: 1

    It is actually "sweet zombie jesus"

    --
    -- http://www.camulus.org/
  288. Re:Andre's mail on lkml - "BSD-Linux FlameWar over by Anonymous Coward · · Score: 0

    Muwahaha, andre is the only device-level coder I know of that still sounds like a child on slashtrash!!

  289. we really need to by Anonymous Coward · · Score: 0

    we really need to

    1. Re:we really need to by Anonymous Coward · · Score: 0

      need to do what?

    2. Re:we really need to by Anonymous Coward · · Score: 0

      read on, dood.

  290. push this bitch to by Anonymous Coward · · Score: 0

    push this bitch to

    1. Re:push this bitch to by Anonymous Coward · · Score: 0

      i like pushing bitches!!

    2. Re:push this bitch to by Anonymous Coward · · Score: 0

      i have to agree...

    3. Re:push this bitch to by Anonymous Coward · · Score: 0

      indeed, pushing bitches is excellent!

    4. Re:push this bitch to by Anonymous Coward · · Score: 0

      hump that ho!

  291. over 1,000 posts! by Anonymous Coward · · Score: 0

    over 1,000 posts!

    1. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      good call!

    2. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      yeah yeah!!

    3. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      good call man!

    4. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      yeah, more posts!!

    5. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      fuck yes!

    6. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      over 1,000 posts would rock!

    7. Re:over 1,000 posts! by Anonymous Coward · · Score: 0

      yes, that would kick ass!

  292. lick by Anonymous Coward · · Score: 0

    you can all take turns licking my balls

    1. Re:lick by Anonymous Coward · · Score: 0

      yes, that is an excellent plan

    2. Re:lick by Anonymous Coward · · Score: 0

      in fact, i think i'll implement a round-robin load-sharing algorithm, so you can all get a chance to lick my balls effectively

    3. Re:lick by Anonymous Coward · · Score: 0

      do it with modular algorithm support, because i'd like to get my ball sucking with a least-connections scheme

    4. Re:lick by Anonymous Coward · · Score: 0

      yes, of course it will be done in an extensible fashion - what do i look like here, a linux programmer?

    5. Re:lick by Anonymous Coward · · Score: 0

      most excellent, glad to hear it

    6. Re:lick by Anonymous Coward · · Score: 0

      of course you're glad to hear it, you can get your balls licked in your preferred fashion

    7. Re:lick by Anonymous Coward · · Score: 0

      not just preferred, least conns is probably the best algorithm for the problem

    8. Re:lick by Anonymous Coward · · Score: 0

      i disagree, round robin makes sure that everyone gets a shot

    9. Re:lick by Anonymous Coward · · Score: 0

      yes, good point, although i still prefer least conns

    10. Re:lick by Anonymous Coward · · Score: 0

      whatever floats your boat

  293. frist! by Anonymous Coward · · Score: 0

    first linux is poo post!

    1. Re:frist! by Anonymous Coward · · Score: 0

      second linux is poo post!

    2. Re:frist! by Anonymous Coward · · Score: 0

      third linux is poo post!

    3. Re:frist! by Anonymous Coward · · Score: 0

      forth linux is poo post!

  294. aww yeah by Anonymous Coward · · Score: 0

    aww, yeah baby

    1. Re:aww yeah by Anonymous Coward · · Score: 0

      go go go!

    2. Re:aww yeah by Anonymous Coward · · Score: 0

      getting fuckin close!

    3. Re:aww yeah by Anonymous Coward · · Score: 0

      i can almost taste it!

  295. 997 by Anonymous Coward · · Score: 0

    post 997

  296. 998 by Anonymous Coward · · Score: 0

    post 998

  297. 999 by Anonymous Coward · · Score: 0

    post 999

  298. 1,000 posts! by Anonymous Coward · · Score: 0

    1,000 posts, muthafuckah!