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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.

223 of 1,000 comments (clear)

  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.

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    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 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.

    3. 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?
    4. 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

  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 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.

    4. 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"?
    5. 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
    6. 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.

    7. 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.

    8. 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)
    9. 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.
    10. 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.
    11. 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.

    12. 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.
    13. 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
    14. 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.
    15. 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)
    16. 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.
    17. 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.
    18. 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.
    19. 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?

    20. 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

    21. 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)
    22. 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
  3. 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 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...

    2. 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.

    3. 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
    4. 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.

    5. 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.

    6. 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.

    7. 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"
    8. 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
    9. 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. */

    10. 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
    11. 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"
    12. 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.
    13. 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
    14. 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...

    15. 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 :)

    16. 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.

    17. 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.

    18. 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

    19. 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.
    20. 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.

    21. 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. ;-)

    22. 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.
    23. 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.

    24. 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.
    25. Re:Er... by Ben+Hutchings · · Score: 2

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

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

      Real men use ed.

    27. 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.

    28. 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. :)

    29. 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

  4. 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
  5. 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 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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....
    6. 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)
  6. 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.

  7. 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 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.
  8. 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 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)

    2. 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
  9. 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.
  10. 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.
  11. 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.

  12. 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!!!!

  13. 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.

  14. 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
  15. 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 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.
    2. 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
  16. 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?
  17. 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.

  18. 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

  19. 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)

  20. 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)
  21. 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
  22. 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!

  23. 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!
  24. 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.

  25. 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.
  26. 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. :-)

  27. 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.
  28. 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!
  29. 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
  30. 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.

  31. 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)

  32. 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
  33. 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 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....
    2. 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.

    3. 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....
    4. 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.....

    5. 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.
  34. 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 rtaylor · · Score: 2

      Wouldn't that prove that he chose the best path in the first place? :)

      --
      Rod Taylor
    2. 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.

  35. 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.

  36. 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.
  37. 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.

  38. 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.

  39. 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 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)
    2. 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
  40. 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 dstone · · Score: 2

      Any chance you violated Volkswagen's copyright by posting their code here?

    3. 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
  41. 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.

  42. 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.
  43. 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
  44. 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!

  45. Re:Irrelevant by dcs · · Score: 2

    The copyright notice must appear on binary-only distributions too.

    --
    (8-DCS)
  46. 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...

  47. 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.

  48. 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
  49. 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.
  50. 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/
  51. 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.
  52. 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?

  53. 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
  54. 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'.

  55. 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.

  56. 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.
  57. 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 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?
  58. 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.
  59. 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 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.

    3. 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
    4. 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.

    5. 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.

  60. 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
  61. 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 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.

    2. 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.

  62. 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.

  63. 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
  64. 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"

  65. 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!
  66. 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.

  67. 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.

  68. 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? :-)

  69. 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.

  70. 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 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

  71. 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.

  72. 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)
  73. Re:My Experience With Linux by Sly+Mongoose · · Score: 2

    I can't find the post that this is supposedly a reply to.

  74. 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
  75. 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 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
    3. 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
  76. 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
  77. 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.
  78. 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
  79. 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.
  80. 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 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.

    2. 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
    3. 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.

  81. 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 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
  82. 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 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
    2. 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.

    3. 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
  83. 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
  84. 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.

  85. 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?
  86. 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.
  87. 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.

  88. 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.
  89. 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.
  90. 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 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
  91. 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.
  92. 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
  93. 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.

  94. 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.

  95. This is why... by HamNRye · · Score: 2, Funny

    You should never let people look at your source code...

    ~Hammy

  96. 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.

  97. 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.

  98. 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.

  99. 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
  100. 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.

  101. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  102. 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.
  103. 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

  104. 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
  105. 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
  106. 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

  107. 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.
  108. 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.
  109. 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
  110. 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...
  111. 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

  112. 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.

  113. 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?