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Intel, Red Hat Agree To BSD License For Intel Patches

stock points to this story on CNET, excerpting "Red Hat and Intel have settled a licensing hiccup that threatened to prevent the Linux company from contributing to Intel's open-source project--a reminder of the frictions that can arise between the commercial tech world and the open-source community." By adding a BSD-variant license to certain kernel contributions from Intel, the two companies have bridged an impasse between the GPL and Intel's "component architecture" license.

127 comments

  1. Indeed, as this agreement shows by kfg · · Score: 0, Troll

    OSS will soon embrace, extend and ultimately absorb closed source software into Open Source.

    Welcome to the new world order, Brother. Get used to it.

    KFG

    1. Re:Indeed, as this agreement shows by gearheadsmp · · Score: 0, Flamebait

      OSS will soon embrace, extend and ultimately absorb closed source software into Open Source.

      Or if your name is Lord Borg Gates: Embrace, Extend, and Assimilate.

    2. Re:Indeed, as this agreement shows by fitten · · Score: 1

      Sounded the same in both posts to me.

  2. Released not just BSD, also GPL by 1010011010 · · Score: 4, Interesting

    From the Mailing list archives
    The ACPI AML interpreter (i.e. code in directories under drivers/acpi, but
    not source in drivers/acpi directly) has been released by us (Intel) under
    the GPL. It has also been released separately under a looser license, so
    that other OS vendors may make use of it.


    Intel wanted to have the code under a "looser" license so that they could accept patches back for use in non-GPL projects.

    People often say that companies want to use the BSD license, because they want to be able to take and not give back. This is true in many cases, no doubt. In this case, Intel is also contributing back.

    Could this not have been resolved with a dual GPL/Intel license, rather than with a BSD license, much like the Trolltech dual licensing scheme?

    </peanutgallery>
    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  3. Intel patches? by Anonymous Coward · · Score: 5, Funny

    More like...

    [one Intel engineer to another] "don't worry about our hardware bugs, the software departement will find a workaround".

    1. Re:Intel patches? by kasperd · · Score: 1

      the software departement will find a workaround

      Unfortunately that is not always possible.

      --

      Do you care about the security of your wireless mouse?
  4. Re:Red Hat is great! by Anonymous Coward · · Score: 0

    You're new here, aren't you homeskillet2? Note that Jon Katz has been fired from the Slashdot editorial staff. Wonder why? Now you know. Children are often in denial about abuse. I suggest you face the demons of your past... in particular the the demon that is Jon Katz.

  5. Re:What will Linus say? by Anonymous Coward · · Score: 3, Interesting

    To be completely honest, linus will probably not care. Despite the common opinion around here, linus did not chose the GPL as a religious decission. If yo uremember correctly, at first, linux was distributed with a very restrictive license that prohibited comercial use.

  6. Superior Power Management... by $$$$$exyGal · · Score: 3, Insightful
    It involved one component of power management software used in Linux and several other operating systems.

    I'm glad they came up with an acceptable agreement. The end result is that more people will have superior power management abilities... and those people probably won't care how they got them. Still though, they wouldn't have the ability so quickly and as well if Intel and Redhat didn't come together.

    --sex

    --
    Very popular slashdot journal for adul
    1. Re:Superior Power Management... by Anonymous Coward · · Score: 0

      Girls that like porn? Whoa.

    2. Re:Superior Power Management... by 6 · · Score: 3, Insightful

      The end result is that more people will have superior power management abilities... and those people probably won't care how they got them.


      But isn't that the point? If all that was important was having the niftiest and greatest thing why not just use windows?



      The entire point of the GPL was that it does matter how a goal was achieved. This is just one more step down the path of reducing Linux to just another corporate OS.


    3. Re:Superior Power Management... by steveha · · Score: 1

      The entire point of the GPL was that it does matter how a goal was achieved.

      So far, I'm with you.

      This is just one more step down the path of reducing Linux to just another corporate OS.

      No, you lose me here.

      GPL is a great license and I'm glad the Linux kernel is under it. But it is not the only acceptable license in the world. Even RMS agrees that there are times when it is okay to license things under another license. This is one of those times.

      It is impossible to take GPL code and just suddenly say "I'm putting this under a new license now." Thus it is impossible to take the GPL out of Linux. Your statement that Linux will be reduced to "just another corporate OS" is only flamebait.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    4. Re:Superior Power Management... by evilviper · · Score: 1
      This is just one more step down the path of reducing Linux to just another corporate OS.

      I'm getting sick of hearing this. Look, the BSDs have been using the BSD license for YEARS now. Despite rms' fear-mongering and fud, no-one can come and take away the software you've released.

      Telling someone "this is what you will do with this software" is a sure way to get them to not use your software at all. Just look at all the standard formats used on the internet... Every single one had a non-restrictive license. Meanwhile all the GPL programmers are spitting in the wind by using the GPL, and wondering why their programs aren't taking over the world.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    5. Re:Superior Power Management... by Anonymous Coward · · Score: 0

      Er? Their programs are taking over the world. Or at least Europe and Asia. Those damn corporate neo-feudalists in the USA are another matter.

  7. Re:What will Linus say? by kfg · · Score: 3, Interesting

    The problem is that Linus isn't a GPL zealot, so I'm not sure that he'll say anything at all. Why should he?

    Linus's kernel is licensed under the GPL, but Linus, and Linux, do not "stand" for it.

    I think you've been taking RMS's insistence that it be called GNU/Linux way too much to heart.

    RMS and GNU *do* stand for the GPL, and as RMS himself will be delighted to explain to you, at extreme length, Linux is not GNU.

    KFG

  8. Re:What will Linus say? by Kourino · · Score: 5, Informative
    I know Linux will definitely be opposed to such an action by Red Hat.

    Wrong. Linus is fine with it. Andy Grove announced on the kernel mailing list that this would be happening back in November, and Linus was fine with it then. The article mentions this too, maybe you'd like to read it next time? :3

    Remember, Linus is the pragmatist of the community, the one that doesn't believe in software to further some philosophy.

  9. Re:What will Linus say? by baywulf · · Score: 4, Informative

    If you read the link to the kernel mailing list in that article, you will see that Linus' belief is quite the opposite. He believes that it is the right of the original developer of the code (ie Intel) to set the terms of the license be it dual license or not. Thus he will not accept patches to the code which are not released the both licenses of a dual license.

  10. Sensible for Intel by Fluffy+the+Cat · · Score: 4, Insightful
    Intel want ACPI to be adopted by as many OSes as possible, and they want it to work. Releasing their code under a license that allows OS vendors to simply integrate it into their own OS increases compatibility (the Windows ACPI interpreter has a somewhat different interpretation of the standards to the Intel one) and is plainly in their own business interests.


    There are situations where a BSD-style license is preferable to the GPL. This is one of them.

    1. Re:Sensible for Intel by Anonymous Coward · · Score: 0

      "There are situations where a BSD-style license is preferable to the GPL. This is one of them."

      BSD will always be preferable for free software.

    2. Re:Sensible for Intel by Tet · · Score: 1
      There are situations where a BSD-style license is preferable to the GPL. This is one of them.

      Surely this is a situation where LGPL is the most appropriate. By using the BSD license, Intel is saying that it's OK for vendors to fork their own versions of the ACPI code, and not contribute the changes back to the rest of the world. That road can only lead to incompatiblity between ACPI implementations. IMHO, it's a poor decision...

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
  11. idiot by bstadil · · Score: 0, Offtopic

    Take this crap elsewhere

    --
    Help fight continental drift.
  12. Re:Red Hat is great! by Anonymous Coward · · Score: 0

    i love getting buttfucked

    -sardonic2

  13. Re:Red Hat is great! by Anonymous Coward · · Score: 0

    I love hot anal sex too, let's get together sardonic2!

    bstadil

    P.S. I hope you can make it all the way from Sacramento to Richardson Texas where there we're all steers and queers! Call me at 972 470 9160 for hot cruisy phone sex so we can test the waters ;) Ask for the guy with the stupid Swedish name BORK BORK BORK

  14. Indeed by kfg · · Score: 2, Insightful

    But the licenses are specifically written for that other 1% for whom the differences are critical, so your observation rather loses its point.

    Developers "use" software too.

    KFG

    1. Re:Indeed by TheRaven64 · · Score: 1

      Developers "use" software too.
      Nah. A real developer gets bored of software by the time it's in a state in which it can actually be used...

      --
      I am TheRaven on Soylent News
    2. Re:Indeed by kfg · · Score: 1

      Which is exactly when he he "breaks" it again. :)

      Beyond that though, his compiler, text editor, common libraries and so on are bits of software he is likely to use, but insist on its being "finished," and as any tech can tell you, when using them he's just as much a "luser" as anybody else.

      He may also be *very* interested in the specific terms of the common libraries licenses, and it is for him that that specific differences exist in the first place.

      My position stands.

      However, I fully admit I've got a "drawer full" of software that works, but isn't finished, because at that point I moved on to something else. It is the major weakness of the Bazaar model of software development. No matter what license it uses.

      KFG

  15. Re:What will Linus say? by TheRaven64 · · Score: 0, Troll

    the whole point of GPL is freedom, but not necessarily the freedom to destroy what the GPL stands for.
    Freedom, but only my vision of freedom. I've heard that before. It's the kind of thing people often say before deciding that a large proportion of the population is surplus. Think Lenin, Hitler, Stalin. Do you really think these are good role models?

    --
    I am TheRaven on Soylent News
  16. What will happen to the kernel source? by kevinadi · · Score: 1

    I wonder, what will happen to the kernel source then? Surely this means that some part of the kernel is available as source while some other part isn't. If some distribution flatly refuse to incorporate Intel's patches to stay open source, then isn't it will inevitably split the kernel in two? One with BSD license and one with GPL?

    Wonder what RMS will shout about this.

    1. Re:What will happen to the kernel source? by HiThere · · Score: 1

      Umnh...
      The patch is available under the GPL. This means that the source is available under the GPL. If this source is included in the kernel, then the whole thing is still under GPL, and is still available as source under the GPL. You can also get various pieces of it under other licenses from various people who have contributed them. In fact, if you were willing to pay enough to enough people (probably impossible*, but if), then you could license the entire kernel under a proprietary license of your own design. And this wouldn't keep the same kernel from remaining under the GPL.

      * Some of the authors of the code have probably died, so you would need to agree with their heirs also.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  17. How does redhat even have the authority to do this by mark-t · · Score: 2, Insightful
    Subject line says it all.

    Linux is GPL, any changes made to Linux *become* GPL. Period.

    Some call this the "viral" aspect of the GPL, but I daresay that those are the people who are only interested in taking from the community without giving something in return.

    I could easily rant for half an hour on the subject, but the question I posed in the subject line remains.

  18. Re:What will Linus say? by Anonymous Coward · · Score: 0

    Free .. haha
    I love a liscense that excludes commercial use.
    Who needs money anyway ? ;)

  19. Re:How does redhat even have the authority to do t by mattdm · · Score: 5, Informative

    Linux is GPL, any changes made to Linux *become* GPL. Period.

    Changes, sure. Completely new contributions, however, can both become GPL'd and remain under some other license. Just because code touches something under the GPL doesn't mean it automatically becomes "contaminated" permanently.

    [...] but I daresay that those are the people who are only interested in taking from the community without giving something in return.

    You can daresay all you want, but looks like me the concern is more about getting a standard adopted and usable everywhere.

  20. umm... by Anonymous Coward · · Score: 0

    ACPI PCI IRQ Routing etc ?
    ACPI is *NOT* just power.. far from it.

  21. Re:How does redhat even have the authority to do t by Anonymous Coward · · Score: 4, Insightful

    I could easily rant for half an hour on the subject, but the question I posed in the subject line remains.

    Tell you what. A better use of that half hour would be spent reading the article.

  22. Re:How does redhat even have the authority to do t by UU7 · · Score: 1

    Not quite. Linus is ok with it, that should be the zealot seal of approval.

    ACPI is becoming far more important these days and this is more about standards not taking something AWAY from linux.

  23. girl? by Anonymous Coward · · Score: 0

    err...that's a karma whore, champ. and "she's" not a girl. no one seems to realize this. i think it's great that the guy posing as 'SexyGal' is making the mods and slashbots look like retards!

  24. Re:What will Linus say? by Anonymous Coward · · Score: 0

    Yeah. If anyone is going to get their knickers in a twist, it'll be RMS.

  25. Re:What will Linus say? by KeyserDK · · Score: 1, Redundant

    Please read the store first, and please understand the issues before posting. Linus's stance is actually very openminded

    --
    still reading?
  26. RH's Phoebe beta and ACPI by Anonymous Coward · · Score: 0
    Red Hat is working to make contributions to the power management software--which computers use to control tasks such going into hibernation mode--and to ACPI, to bring these into its version of Linux. ACPI is moving from the domain of development project to shipping product. The latest test version of Red Hat Linux, code-named "Phoebe," included ACPI and was released in December.
    This is true, however the ACPI released in the original beta was the "older" one that cannot be merged with the 2.4.x series because it makes too many compatibility changes (IIRC lkml). It turned out to be very problematic for many people so it was later reversed back to APM in Phoebe2.

    I suspect that ACPI will not be in Red Hat until the 2.6.x kernels are stable.

  27. Two of the messages from the thread by Vlad_the_Inhaler · · Score: 4, Interesting
    (snip) but on the other hand we've had these dual-license things before (PCMCIA has been mentioned, but we've had reiserfs and a number of drivers like aic7xxx too), and I don't think I've _ever_ gotten a patch submission that disallowed the dual license.

    In fact, I don't think I'd even merge a patch where the submitter tried to limit dual-license code to a simgle license (it might happen with some non-maintained stuff where the original source of the dual license is gone, but if somebody tried to send me an ACPI patch that said "this is GPL only", then I just wouldn't take it).

    I suspect the same "refuse to accept license limiting patches" would be true of most kernel maintainers. At least to me a choice of license by
    the _original_ author is a hell of a lot more important than the technical legality of then limiting it to just one license.

    So yes, dual-license code can become GPL-only, but not in _my_ tree.

    Somebody else can go off and make their own GPL-only additions, and quite frankly I would find it so morally offensive to ignore the intent of the original author that I wouldn't take the code even if it was an improvement (and I've found that people who are narrow-minded about licenses are narrow-minded about other things too, so I doubt it _would_ be an improvement).

    Linus



    Thanks Linus. I don't think that I have any inherent moral right to dual-license reiserfs, but it sure is pragmatic to do so, and the courtesy of permitting me to do so is gratefully accepted from our contributors.

    A bit more than half of our income comes from the dual licensing, and we'd not have survived to this date fiscally without it. If anyone on the reiserfs team ever owns a Boxster;-) at sometime in the future, it will be from dual-licensing to Apple, a storage appliance vendor, or the like.

    (from Hans Reiser)

    --
    Mielipiteet omiani - Opinions personal, facts suspect.
  28. Re:How does redhat even have the authority to do t by mark-t · · Score: 1
    Tell you what. A better use of that half hour would be spent reading the article.

    Touche

  29. Re:How does redhat even have the authority to do t by Alomex · · Score: 1

    Some call this the "viral" aspect of the GPL, but I daresay that those are the people who are only interested in taking from the community without giving something in return.

    I'd dare say that those who call it viral are simply calling a spade a spade.

    One might agree with the viral provision, as it seems unfair for somebody to profit from what is free code, still it does not change the fact that the GPL is viral.

    p.s. About the question in your subject line RTFA.

  30. Linus says: by Anonymous Coward · · Score: 5, Informative

    From: Linus Torvalds (torvalds@transmeta.com)
    Date: Sat Dec 07 2002 - 15:07:38 EST

    >You can't forbid people to send GPL-only patches, so if a person doesn't
    >want his patch under your looser license you can't enforce that he also
    >releases it under your looser license.

    That's true, but on the other hand we've had these dual-license things
    before (PCMCIA has been mentioned, but we've had reiserfs and a number
    of drivers like aic7xxx too), and I don't think I've _ever_ gotten a
    patch submission that disallowed the dual license.

    In fact, I don't think I'd even merge a patch where the submitter tried
    to limit dual-license code to a simgle license (it might happen with
    some non-maintained stuff where the original source of the dual license
    is gone, but if somebody tried to send me an ACPI patch that said "this
    is GPL only", then I just wouldn't take it).

    I suspect the same "refuse to accept license limiting patches" would be
    true of most kernel maintainers. At least to me a choice of license by
    the _original_ author is a hell of a lot more important than the
    technical legality of then limiting it to just one license.

    So yes, dual-license code can become GPL-only, but not in _my_ tree.

    Somebody else can go off and make their own GPL-only additions, and
    quite frankly I would find it so morally offensive to ignore the intent
    of the original author that I wouldn't take the code even if it was an
    improvement (and I've found that people who are narrow-minded about
    licenses are narrow-minded about other things too, so I doubt it _would_
    be an improvement).

    Linus
    -

  31. Why dual license? by shepd · · Score: 3, Insightful

    All BSD code is also GPL code (or any other license, by definition). Simply insta-fork it every time it comes out. Problem solved. Everyone wins, especially the GPL guys if they make improvements, since they can't be back-ported to the BSD version.

    I see this is a great way to ensure BSD people win, proprietary vendors win, and GPL people win.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    1. Re:Why dual license? by HiThere · · Score: 4, Insightful

      No. All BSD code can be GPLd. This isn't automatic. If you get your hands on a BSD binary, the restrictions of the GPL that allow you to get the source cannot be invoked. So neither is included in the other.

      If you can choose, as a user you would generally prefer to have got the code under a GPL license, and as a distributor you would perfer to have gotten it under a BSD license. (If you care about the difference, of course.)

      The GPL license was developed to benefit the developers of the code, but the mechanism for doing so involved giving extra rights to the users of the code (i.e., the legitimate recipients) at the cost of the distributors.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Why dual license? by shepd · · Score: 2, Insightful

      Okay, allow me to be more detailed:

      ANY BSD source that touches my system is automatically GPLd, 'cause that what I like (Go ahead and call me a zealot if you like, it doesn't change that fact :-). Sorry, I didn't think of binaries. I guess I just never touch stuff like that unless I have to, and when I have to, it's because it's usually proprietary, and in that case I'm spending my time looking for alternatives.

      There. That should clear it up. Sorry, I guess I just didn't think about binaries (GNU tunnel vision! :-)

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    3. Re:Why dual license? by Anonymous Coward · · Score: 0

      What?! What FUD.

      As a user, I would care to get my code under ANY license that allowed me to use, modify, copy, and distribute (not the same as copy) the code.

      GPL and BSD BOTH allow this. This distributor versus developer stuff is crap. The argument that a user would choose one license over another is a nonissue; as a user, you can do whatever for your purposes under each license. The only reason you promote the GPL is becuase you are ignorant of the extent of the BSD and GPL differences and choose the GPL because it is the popular license.

      As a distributor, either license gives me that right to distribute and copy.

      As a developer, the main differences between GPL and BSD code is how they carry out further code use. That depends what I want to do with OTHERS CODE. If I were a developer who contributed heavily to a GPL project that someone else started, I could never ever pull that project code back into a commercial endeavor and close source it; I do not have that right to take others people's code... ...which makes absolutely sense. But it is insanely selfish and smacks of intellectual property rights. But in the GPL community alone, this is it's strength; you do have the right to take someone else's code (note the numerous rabid examples of over-the-top linux advocacy, many /. examples of companies getting called out because they may be using GPL'd code, and even this story; the GPL code does not allow you to roll its code back into your code--no matter what you say, companies are getting increasingly MORE wary about it, and closed sourced companies, particularly MS, prey on that).

      Now, a lot of GPL proponents duly state this is a problem with BSD licenses too. Not so. BSD proponents, like myself, tend to like our license because it promotes the propagation of good code; the GPL is actually lesser in this aspect than BSD licenses because you cannot take back what others have contributed (again, this makes ideological sense for continued code usage but does not push the use of good code; companies will not use GPL code if they want to close and spin it off later).

      BSDers don't care what you do with our code as long as you use it. Not so with the GPL, which restricts rolling that code into closed projects.

      btw, this is not to promote a flame war. Just that this GPL is better for users and developers stuff is just crap. For users, it's really a nonissue which license is better; after all, the most widely used code is MS products, which has used BSD code, not GPL. For developers, it depends on what intent you want that code to be used for, and THAT is up to each individual developer to decide (and I mean decide as in an informed decision, not this sheepish crap where most people release their code under the GPL because, frankly, that's the only license they really even know about (and probably didn't bother to read)).

    4. Re:Why dual license? by bovinewasteproduct · · Score: 4, Insightful

      All BSD code is also GPL code (or any other license, by definition).

      Not if they use the 4 clause BSDL.

      Simply insta-fork it every time it comes out. Problem solved. Everyone wins, especially the GPL guys if they make improvements, since they can't be back-ported to the BSD version.

      So, you just want the ability to take the code and not give back to the project? Sounds just like the compliants the GPL guys use aginst the commericial people... hummmm....

      And people wonder why I use the 4 clause BSDL...

      BWP

    5. Re:Why dual license? by civilizedINTENSITY · · Score: 1

      Obviously you missed your parents comments regarding binarys. Its hard to modify if all you recieve are binarys. While I percieve the BSD as perhaps short sighted, I agree there are situations where it can have merit.

    6. Re:Why dual license? by shepd · · Score: 1

      >So, you just want the ability to take the code and not give back to the project? Sounds just like the compliants the GPL guys use aginst the commericial people... hummmm....

      Yup. And its just an example of what's wrong with the original, normal, BSD license. Not one of it's hacked up variants.

      Of course, unlike the commercial people, I'm nice and wouldn't sell my newly GPLed BSD-based software. But I don't have to be that nice -- I could be like MS and rip off the hard efforts of the BSD team!

      >And people wonder why I use the 4 clause BSDL...

      And if people are stupid enough to not to protect themselves against commercial entities taking their code with recompense then they deserve what they get. As a businessman, I don't feel bad at all for someone who forces their own raw deal on themselves.

      Kudos to you for using a different than standard BSD license. Just like BSD model itself, even the licensing is a fractured mess.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:Why dual license? by SN74S181 · · Score: 2, Insightful

      Just like BSD model itself, even the licensing is a fractured mess.

      Wow.

      What a statement. Well, if you think the BSD model is a fractured mess, you'd better stay away from the big swamp of incompatible versions, non-standard /etc structures, and in general the totally fractured mess that is Linux.

      Hell, any kludge that two kids throw together can be considered a 'Linux distro.'

    8. Re:Why dual license? by kasperd · · Score: 1

      Hell, any kludge that two kids throw together can be considered a 'Linux distro.'

      Of course. Since Linux is only a kernel it doesn't take much. Creating a usable system is a whole different matter. Then again that depends on what you want to use the system for, you can create systems specialized for any purpose.

      --

      Do you care about the security of your wireless mouse?
    9. Re:Why dual license? by shepd · · Score: 1

      What fractured mess is linux? I only see one official tree avilable at ftp.kernel.org. Am I missing something? Is there another official Linux available that I can choose? Is there another GPL license, apart from the GPL and LGPL that I can choose from?
      If so, I'm clearly misinformed about linux. Sorry.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    10. Re:Why dual license? by edhall · · Score: 1

      The BSD license isn't the same as public-domain. The only person who can change the license is the copyright holder. Sure, you can GPL your own changes to the BSD-licensed code, and distribute those changes as such. And you don't have to resistribute the original, since it wasn't GPL'd. But you can't redistribute the whole thing as GPL, because you don't have the copyright to the original.

      This is probably the second of the most common misconception concerning of the BSD license. The most common misunderstanding is the idea that the BSD license allows people to "steal" the code and make it proprietary. That's false -- they are in the same position that you are. They can only make proprietary their changes and additions to the code. The original is as freely available as it ever was, as are all changes released under the original license. There is no added impetus to fork the BSD-licensed (and thus publically available) version.

      I don't see much use in arguing over whether the GPL or the BSDL is more "free" -- such discussions tend to turn on semantic hair-splitting or contrived examples and probably have more to do with the personal inclinations of the people arguing than anything else. My own feeling is that both licenses have their place and there relative "freeness" depends upon the situation.

      -Ed
    11. Re:Why dual license? by greenrd · · Score: 1
      But you can't redistribute the whole thing as GPL, because you don't have the copyright to the original.

      Oh yes you can - and in fact the GPL requires you to do so if you link in someone else's GPLed code.

      Legally speaking, you have compilation copyright, so you can set the license for the whole compilation.

    12. Re:Why dual license? by edhall · · Score: 1

      You're engaging in the same fallacy as the original poster. You cannot change the license of the original work. It's as simple as that. No amount of handwaving will change this simple fact.

      However, you can GPL your patch file, and thus prevent your changes from being incorporated back into the original and distributed under the original license. And you can claim compilation copyright on the distribution of the original plus your patch file. But you cannot claim copyright on the entire result of applying that patch file and so discard the claim of the original copyright holder. It may seem like a fine distinction given that the end result is the same, but it is the form of the distribution that is significant, not the form of what eventually gets compiled.

      -Ed
    13. Re:Why dual license? by bovinewasteproduct · · Score: 1

      Yup. And its just an example of what's wrong with the original, normal, BSD license. Not one of it's hacked up variants.

      What is wrong with what? The fact that the original 4 clause license won't let you take my code and GPL it?

      There are only two BSDL (UCB defines the BSD license). The original 4 clause license (includes advertising notice) and the more recent 3 clause license that deletes the advertising notice requirement.

      Of course, unlike the commercial people, I'm nice and wouldn't sell my newly GPLed BSD-based software.

      I don't care if you sell my code or not. And BTW, I can take your GPL'ed code and sell it just fine as long as I include the source to any binaries... I can charge $1,000 for GCC if I want.

      But I don't have to be that nice -- I could be like MS and rip off the hard efforts of the BSD team!

      Unless someone is stupid, it's not the hard to just rip off ANY code that has source available and just file off the serial numbers (ie change function names, rewrite comments, etc, etc,). The bulk of the code is the same, just the identifing marks have been removed. Unless your code is VERY hard to come by, you'll never know it.

      And if people are stupid enough to not to protect themselves against commercial entities taking their code with recompense then they deserve what they get. As a businessman, I don't feel bad at all for someone who forces their own raw deal on themselves.

      Huh??? I'm not worried about commericial entities taking my code (if I was I would not be using the BSDL). What I don't like is some jerk forking my code just to put it under the GPL instead of contribing back to the original project. If your not willing to use the original license then don't use my code... simple.

      Kudos to you for using a different than standard BSD license. Just like BSD model itself, even the licensing is a fractured mess

      Different than standard? I just happen to use the original 4 clause instead of the 3 clause BSDL. They are both standard. And again, fractured? There are only two of them...

      BWP

    14. Re:Why dual license? by bovinewasteproduct · · Score: 1

      What fractured mess is linux? I only see one official tree avilable at ftp.kernel.org. Am I missing something?

      Normally (unless they are following the FSF standard of GNU/Linux, in which case Linux means just the kernel) when someone mentions Linux they are talking about the Operating System, not just the kernel. If this is NOT the case, then you need to try and convince the media of this. And yes, there is way more distributions (ie operating systems) of Linux (the OS) than there is of BSD.

      Plus, on any of the BSDs systems (even old ones like SunOS < 5.0), I can expect certain utilities to be located in a certain place. The hier.7 the man page has been around for a LONG TIME.

      Is there another GPL license, apart from the GPL and LGPL that I can choose from?

      Nope, not unless you count the knockoffs. Which you seem to do...

      BWP

    15. Re:Why dual license? by johnnyb · · Score: 1

      You can relicense BSD work. That's what the license says. The only restriction is that the new license must retain the original copyright.

    16. Re:Why dual license? by shepd · · Score: 1

      >The most common misunderstanding is the idea that the BSD license allows people to "steal" the code and make it proprietary. That's false -- they are in the same position that you are. They can only make proprietary their changes and additions to the code. The original is as freely available as it ever was, as are all changes released under the original license.

      Clearly, one cannot retroactively change the license. Again, I'll clarify my meaning:

      If I am creating a proprietary, closed source, operating system, and I'm too lazy to write my own IP stack and IP utilities, is it legal for my to lift, verbatim, the code for that from another project, assuming that code is licensed under the standard BSD license, and integrate a significant amount of it into my product? If so, am I allowed to sell that product, including that code? And, again, if so, do I, in any obvious to a normal user way, have to state that the product contains any non-proprietary code or any code not specifically created by myself?

      If so, doesn't that strongly smack of authorized plagarism? A lot of people (including myself) do consider plagarism (of all forms) stealing.

      That's the way I feel about it. With the BSD license, I'm free to take anything I like, make minor (or no) improvements, and release said software as my own. Perhaps people using the BSD license have no problems with this, I don't know. I know it would make me feel uncomfortable, at best.

      Considering the fact that even direct forks with just a name change are very successful (vis. a vis. NeoAudio) it seems to me the original authors could easily languish in obscurity while someone who is simply better at marketing enjoys all the glory.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    17. Re:Why dual license? by shepd · · Score: 1
      >Normally (unless they are following the FSF standard of GNU/Linux, in which case Linux means just the kernel) when someone mentions Linux they are talking about the Operating System, not just the kernel. If this is NOT the case, then you need to try and convince the media of this. And yes, there is way more distributions (ie operating systems) of Linux (the OS) than there is of BSD.

      I have no problem with there being lots of distributions of Linux, but they all use the same underlying kernel. Any modifications done to the underlying kernel have been (by virtual requirement of any public GPL project) submitted back to the community and, therefore, any linux distribution can run any linux software, and will run it identically to any other linux distribution, assuming one has added any necessary patches (very few of which exist, except to maintain proprietary software).

      I understand that with BSD ports, any BSD software should run on any BSD system, however, with the fractured state of the basic BSD kernel (multiple different competing kernels) there is no guarantee that this software will run identically on every BSD system, or that it will necessarialy be available for any BSD system.

      >Plus, on any of the BSDs systems (even old ones like SunOS Nope, not unless you count the knockoffs. Which you seem to do...

      There's GPL knockoffs? I've seen different licenses with totally different lineages that happen to be similar to the GPL, but I always thought the GPL protected itself against willy-nilly modification.
      6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

      Of course, if your software is completely written from scratch, yes, you could modify the GPL to suit your tastes. However, you wouldn't be able to include any GPL software, and that would make it very difficult to develop it to interoperate with a GPL environment without adding more freedoms (ie: Freedom to change the license, such as the BSD license) than the GPL already provides, or black-boxing an entire rewrite of the GPL-affected code.

      This ensures that the licensing of programs is relatively similar in the GPL world, but AFAIK, there's no such impetus in the BSD world, apart from being neighbourly. :-)
      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    18. Re:Why dual license? by shepd · · Score: 1

      >What is wrong with what? The fact that the original 4 clause license won't let you take my code and GPL it?

      Nothing wrong with it. I'm just having difficulty wrapping my mind around the idea that a developer would have no problems with a commercial entity copying your code verbatim and selling it as their own (code used by Microsoft was covered by the extra clause, however they still say it is theirs, they simply make sure that embedded deep withing the executable there is a cryptic copyright message that doesn't even include the term "BSD") but would not want another group to use the software for free, distribute it for free, and make sure all patches are free (and available to the developer), and keep the developer's name on it anyways. But that might just be GPL tunnel-vision again. If you'd care to explain to me what I'm missing, I'd be happy to hear it! :-)

      >I don't care if you sell my code or not. And BTW, I can take your GPL'ed code and sell it just fine as long as I include the source to any binaries... I can charge $1,000 for GCC if I want.

      Yep. But only once (Assuming it's the first copy of something. Otherwise I'd say not at all, in general. That is, unless it's DRM protected, which is a problem RMS missed when writing the GPL the first time). Anybody buying a GPL program twice either hasn't read their license (ie: Is stupid) or is buying whatever comes with it instead (like a TiVo, for example).

      Whereas, with the BSD license, I can sell the software to someone for $1,000 as much as they'll keep buying it, since I can add clauses that prevent them from making copies of the software. That is, unless there's something I've been missing in the BSD license all this time...

      >Unless someone is stupid, it's not the hard to just rip off ANY code that has source available and just file off the serial numbers (ie change function names, rewrite comments, etc, etc,). The bulk of the code is the same, just the identifing marks have been removed. Unless your code is VERY hard to come by, you'll never know it.

      I don't think provenance of code isn't as difficult to spot as you'd suggest, but since I'm not a hardcore coder, I have no hard proof. But there's been more than enough examples of stolen GPL code posted to slashdot to convince me that it can't be all that difficult. The "look and feel" of a program is a dead giveaway to be suspicious of it to start with (that's how I found out about the BSD code in MS Windows to start with -- the look and feel of ftp was just not very "Microsoft", so I did some research).

      >Huh??? I'm not worried about commericial entities taking my code (if I was I would not be using the BSDL). What I don't like is some jerk forking my code just to put it under the GPL instead of contribing back to the original project. If your not willing to use the original license then don't use my code... simple.

      Doesn't that last sentence preclude commercial entities from using your code -- that is, assuming the commercial entities decide to use your code in a proprietary fashion? Would they not be using a different license?

      If you'd just explain why you have a problem with your software being relicensed as GPL, but no problem with it being relicensed under, for example, the Microsoft Windows license, I'd understand more. As it stands right now, I'm not seeing the distinction.

      >Different than standard? I just happen to use the original 4 clause instead of the 3 clause BSDL. They are both standard. And again, fractured? There are only two of them...

      I'm referring to the fact that BSD programs have been relicensed under so many different terms, that while they are still BSD programs, the licensing model itself condones a fractured set of licensing terms. ie: An infinite set.

      If that's not a problem for the developer, well, then that that's A-OK, I guess. I just don't understand why. Sorry.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  32. Quite a lot of fuss; not too important... by amalcon · · Score: 1

    So, Intel is giving a little, RedHat is giving a little, and some parts of RedHat's distro may not be opensource at some point in the future.

    Now, this is all fine and dandy. The fact remains, though, that all Intel is doing is keeping their bought-and-paid-for code private. All RedHat is doing is bundling some private code with some opensource code. Now, I haven't memorized the GPL, but restricting this kind of thing sounds pretty draconic.

    --
    -Amalcon
    1. Re:Quite a lot of fuss; not too important... by Anonymous Coward · · Score: 2, Insightful

      I agree. I don't understand why the GPLers are up in arms over this, except that it shows a deliberate GPL restriction (which has it's place and uses in a _community_ license such as the GPL) in plain site.

      I'm a BSDer. I think they chose the correct license. And, more importantly, as you pointed out, it's Intel's code to give. Just as when someone contributes to a GPL code base, it's their code to give and decide what license to choose. Intel has that right also and what they did does not restrict GPL code bases.

      For those of you who don't like this, your argument is not a license issue. It's about open hardware design, not source.

  33. Why not to use LGPL? by k-s · · Score: 0, Flamebait

    Why not to use LGPL? So they keep the ACPI stuff open and don't need to open anything else.

    I really don't like the BSD license 'cause I don't like to see my code on the Microsoft and folks hands and in another license!

    1. Re:Why not to use LGPL? by ctr2sprt · · Score: 1
      I really don't like the BSD license 'cause I don't like to see my code on the Microsoft and folks hands and in another license!
      Then don't use the BSDL. Some people and companies - Intel, in this case - care more about their standard (ACPI) being adopted than about their code remaining open source. In this case, it's in their interest to use as liberal a license as possible, and you don't get much freer than the BSDL.
    2. Re:Why not to use LGPL? by questionlp · · Score: 1
      I think they chose a BSD license variant (which is called the Intel Open Source License) over the LGPL because it was the best business decision for them and RedHat was okay with that. There is a reason why there are so many Open Source licenses because it provides people, developers and companies many different options to choose from. It would suck if there was only one Open Source licenses since that would limit one's choice and make others nervous about releasing their work in such a license.


      If you don't like the BSD license, then don't use it as the other poster mentioned. No one is forcing you to use a license that you don't want to use. It all depends on which license is the best option for the situation. Kind of like how you could use a screwdriver to drive in a nail, but wouldn't a hammer or a mallet work better?

    3. Re:Why not to use LGPL? by swmccracken · · Score: 2, Insightful

      Then don't contribute to the ACPI code, write your own version that's GPL only or whatever.

      Remember that Intel wrote this code, they can do what they damn well want with it.

    4. Re:Why not to use LGPL? by Anonymous Coward · · Score: 0

      Somehow I wouldn't worry about Microsoft stealing Linux ACPI code, after all, Windows has had support for that feature for years now.

    5. Re:Why not to use LGPL? by Anonymous Coward · · Score: 0

      "I really don't like the BSD license 'cause I don't like to see my code on the Microsoft and folks hands and in another license!"

      So, if you wrote good code, the main thing you care about is who uses it and not that it is used?

      Imagine if companies all did this regular. Wait, they do. It's called intellectual property. Damn.

    6. Re:Why not to use LGPL? by AntiBasic · · Score: 1

      And they can't see your code under *GPL? You're delusional. You wouldn't know if they took 200 lines and slapped it into some product. If you think this doesn't happen just cuz its under your blind GPL you're a fool.

  34. Debian by Anonymous Coward · · Score: 0

    How I love it. If people would just stop talking about BSD maybe it would just go away.

    apt-get with it.

  35. Legal issues for nerds by hey · · Score: 4, Funny

    I suppose this deal is important but there is sooo much license, DRM, patent, intellectual property, etc stuff on Slashdot it should really be called Legal issues for nerds

    1. Re:Legal issues for nerds by Anonymous Coward · · Score: 0

      Aw. This is 'funny'? What's the real percentage of stories that fall under patents, copyright, law, and policy?

      Not that this is a bad thing, but I think the parent poster has a point.

  36. Re:How does redhat even have the authority to do t by HiThere · · Score: 1

    Perhaps this hinges on the precise definition used for the term "viral"?
    Whenever I have encountered the term, it has always been defined thusly (approx.):
    "You know, like a virus. You know what I mean."
    Now it doesn't use either DNA or RNA, so some other analogy is indicated, but what? Nobody seems to define this clearly, so it's not surprising if different people come to slightly different conclusions. With resulting disagreements when the term is used.

    "calling a spade a spade"? No, not so. You are extracting an analogy from an image that can present itself in several different ways. There is no straightforward mapping.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  37. Re:What will Linus say? by HiThere · · Score: 1

    If I'm remembering his past quotes correctly, this won't cause RMS any problems either. He's quite dogmatic about his principles, but this doesn't violate any of them, as I understand them (and as I understand it).

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  38. Re:How does redhat even have the authority to do t by Anonymous Coward · · Score: 0

    No.

    I can cut-and-paste BSD code into GPL code and I haven't violated the GPL or the BSD license (assuming there's no advertising clause in the BSD licence.)

    So if patches get applied to Intel's codebase, and then that gets imported into the kernel, the code is still BSD licenced.

    This is one of those cases where the GPL was preventing the original owner of the code from being able to merge GPL patches to the original codebase.

  39. I went right to the source: microsoft.com by Anonymous Coward · · Score: 0

    Here's what I could find doing a search for gpl + viral:

    Some open source licenses are viral, that is, they require that all derivative works be licensed on the same terms as the original program. These licenses are described as viral because they "infect" derivative programs. Viral licenses vary in how infectious they are, depending on how they define which programs are derivative works. However, one of the dominant open source license--the GPL--is the most infectious. It attempts to subject any work that includes GPL-licensed code to the GPL. Thus, if a government or business uses even a few lines of GPL-licensed code in a program, and then re-distributes that program to others, it would be required to provide the program under the GPL. And, under the GPL, the recipient must be given access to the source code and the freedom to redistribute the program on a royalty-free basis.

    1. Re:I went right to the source: microsoft.com by mark-t · · Score: 2, Insightful
      By the same reasoning that a person should not expect to have the right to freely copy copyrighted works for which he has received no authorization to do so, a person should likewise not expect to be able to restrict the copyright that an original author has placed on material, as in the case of the GPL. An author of GPL material chooses to do so, and chooses to keep his (copyrighted) material free for duration of the copyright. He has as much right to demand this as a book author has to expect to be paid for his published works.

      It is also worthwhile to note that the person who holds the copyright on a GPL software package is fully free to create derived works under non-GPL licenses, since he created the original work in the first place. If the GPL were truly "viral", this would not be possible. The GPL, by its very virtue of being a copyright, *cannot* limit the rights of the copyright holder or those who are explicitly authorized by him.

      Besides, if you really, really want to create a non-GPL version of GPL software, there is a fairly simple, albeit tedious, way to accomplish this. Analyze the GPL software to the point that it is understood as fully as if you had written it yourself. Write the software in a high level language, such as structured english, which describes *WHAT* the program does at each step, but not specifically say *HOW* it is done (for example, if some kernel code uses a sorted array to hold the set of process control blocks and uses a binary search method to locate entries, rather than describing the binary search algorithm in detail, simply say something like "the PCB list is held in memory as a contiguous block, and search times for random entries cannot exceed O(log(n)) where n is the number of entries currently in the list" when describing the variable, and when you want to find some particular entry, you simply say "look up label XYZ in the PCB list"). The pseudocode can then be passed off to another competent person to implement. Huzzah, you have a derived work, but no GPL. The GPL, as a type of copyright, cannot have any government over the ideas expressed within a work, only over the work itself.

      This has gotten massively offtopic, and I kind of expect to be moderated as such, but that's about all I intend to say about this.

  40. Re:How does redhat even have the authority to do t by Alomex · · Score: 1

    Perhaps this hinges on the precise definition used for the term "viral"?

    Viral in that it's self-replicating, it spreads to any code it gets in contact with, even a minute amount of code is enough to infect a large system, and lastly it does so without input or consent of the larger host.

  41. In december 2002, he said by swmccracken · · Score: 3, Informative

    In december 2002 Linus said,
    "At least to me a choice of license by the _original_ author is a hell of a lot more important than the technical legality of then limiting it to just one license."

    May I recommend reading the always excellent Kernel Traffic? This particular issue was first delt with here, so it's not news to anyone that reads Kernel Traffic.

    Remember that this code was written and maintained by Intel anyway; in fact, any patches done to the code from outside Intel were redone internally by Intel so they could reuse the code for other uses. ("We have to determine the problem the patch fixes and then do the fix ourselves." - from the Kernel Traffic writeup.)

  42. Re:How does redhat even have the authority to do t by Anonymous Coward · · Score: 1, Insightful

    ...and lastly it does so without input or consent of the larger host.

    Is that supposed to make sense? How exactly does a piece of code give "input" or "consent" to anything?

    Or did you mean the creator of the larger host? In which case, you're completely wrong. A piece of GPL'ed code cannot insert itself into another program. It is up to the author as to whether he chooses to use it or not. If he uses it, he may only do so under the terms of the license.

    I think that "viral" is a somewhat meaningful term in the context of this article -- i.e. in comparison to other free software licenses, like BSD.

    The problem is that people like Steve Ballmer are using it as a scare word. And in doing it, they're obscuring the important truth that any free software license makes a piece of software far more useful to the user than any proprietary license.

    GPL: you may freely use and re-distribute this software; you may build on this software too, but you must license the result under the GPL.

    Proprietary Licenses: if you pay us, you may use this software on one PC; you may not use it in any other way, re-distribute it, or build on it.

    Frankly, I think your statement is fear mongering, and it's just giving ammunition to the bad guys. Unless, of course, you are the bad guys yourself...then just FOAD.

  43. Re:How does redhat even have the authority to do t by Osty · · Score: 1

    Some call this the "viral" aspect of the GPL, but I daresay that those are the people who are only interested in taking from the community without giving something in return.

    What was the last contribution you made to this nebulous "community"? Or are you only interested in "taking from the community" (running the software for free) without giving something in return? Pot, kettle, black, eh?


    (and if in my ultimate wisdom I've chosen to pick on one of the few active open source developers also on Slashdot, my apologies -- however, the majority of people never have and never will contribute anything to "the community", myself included.)

  44. Then where was YOUR backbone? by Anonymous Coward · · Score: 0

    When Vigin violated the GPL?

    Huh? Well? Why didn't YOU put your money where your mouth was?

    (Unless you have no code in GNU/Linux, and therefore had no power to back up your words with action.)

  45. Unless your goal is supression. by Anonymous Coward · · Score: 0

    There are situations where a BSD-style license is preferable to the GPL. This is one of them.

    Unless your goal is to foster GNU/Linux at the cost of all other efforts.

    But, if you had such a worldview, then how are you different than Microsoft....you know that company that has a view of 'if you are not with us you are against us' and 'it is not enough to succeed, others must be crushed'.

    1. Re:Unless your goal is supression. by SN74S181 · · Score: 1

      But, if you had such a worldview, then how are you different than Microsoft....

      Haven't been here long, then, have you?

      This is like a Wobblie rally. We are supposed to be One Big Union under GPL, all for one, one for all.

      Don't be un-mutual (reference to 'The Prisoner'). Haven't you heard the Free Software Song?

      "You'll be free, hackers, you'll be free."

    2. Re:Unless your goal is supression. by Anonymous Coward · · Score: 0

      *clap* *clap*

      That is a great reply. Xtra points for un-mutual.

  46. Yes, I thought it sounded more like a dual licence by Kjella · · Score: 1

    I don't quite see why a CA/GPL licence wouldn't work, unlike the CA/GPL/BSD triple licence that it appears to be now... Maybe it's because Intel would like to be able to use that code under some (unspecified) other licence than CA, now they can take the BSD code and put it under any licence they want.

    The only potentially bad thing is that now anyone can take the BSD code and extend & embrace from the latest version, but I don't think that's any problem here...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  47. Re:How does redhat even have the authority to do t by Anonymous Coward · · Score: 0

    "How does redhat even have the authority to do this"

    Because Redhat has every right to maintain separate code bases and use their code in the products as they see fit.

    Because Intel gave them the right to use their/Intel's code.

    Because the BSD license gives them that right. Not the GPL.

    This is about the GPL getting in the way in some respects.

    "but I daresay that those are the people who are only interested in taking from the community without giving something in return."

    That would be why your community ripped off a FreeBSD driver and placed it under the GPL a while back? You wanted to "give back"? Bah.

    More to the point since the previous was more an isolated case, because the GPL is about the community, not code usage. BSDers don't care where their code is used--closed or open. GPLers do (notably, companies because lambasted on /. due to license violations, which is hypocritical given the bitchiness /.ers employ against overbearing EULAS).

    BSDers don't care about the selifish community notion of give and it's ours. BSDers say 'use my code!' GPL is more about 'use my code only if...'.

  48. Re:How does redhat even have the authority to do t by Cid+Highwind · · Score: 1

    1. Read the GPL (all of it, not just the self-aggrandizing preamble)
    2. Read the BSD license
    3. Read the article
    4. Answer your own question

    --
    0 1 - just my two bits
  49. Re:How does redhat even have the authority to do t by Xtifr · · Score: 2, Interesting

    Linux is GPL, any changes made to Linux *become* GPL. Period

    Not exactly. Linux as a whole must remain GPL'd. However, individual components may be licensed under other terms, as long as the whole remains GPL'd. This means that the licenses for the components must be compatible with the GPL, and must allow sublicensing. BSD (except the old, 4 clause BSD), MIT/X, and LGPL are all examples of licenses that meet these criteria.

    This is done all the time -- most of the networking code in Linux is, AFAIK, still under BSD license. Yes, that means that someone could, in theory, extract the BSD-licensed code from the Linux kernel and use it in their proprietary system, but so what? They could just as easily have gotten it directly from one of the BSD projects in the first place.

  50. Re:Sensible - And a good example to other vendors by mwa · · Score: 1
    Intel want ACPI to be adopted by as many OSes as possible, and they want it to work.

    So do you suppose this will put a stop to Microsoft's "GPL is viral" FUD and encourage other hardware vendors to work to support more OSes?

  51. Not exactly... by inode_buddha · · Score: 4, Insightful

    More than a few people here might be surprised to know that there was a *huge* flame-war on the linux kernel mail-list a few weeks ago which dragged on for days, regarding the use of nVidia's closed-source drivers in the kernel, regardless of however open or closed the hooks into their drivers may be. (W/R/T hardware GL rendering) Evidently, it's ok with Linus, and it *is* his project after all, so I can't really complain. Especially not since I use nVidia cards.

    Conclusion: It's possible. Nothing new to see here, let's move along...

    --
    C|N>K
  52. GPL only and GPL/someother dont mix by peope · · Score: 1, Interesting

    AFAIK GPL prevents code in the same "product" to be anything else than GPL:ed.

    Even if you have a license on one part of the kernel that is dual-licensed, you still have to obay to the terms of all other contributors. Who probably have not agreed on you making derived works that are not GPL:ed.

    GPL states that if you cannot guarantee that the code can be used with the same rights as you have, you cannot distribute it at all.

    Scenario:
    1. You submit a patch to intel which you dual-license.
    2. This is a derived work of many contributions in the kernel.
    3. Intel redistributes you patches with their code under limited license.
    4. The users recieving that code cannot get the sources for your derived work on GPL:ed software.
    5. You have broken your license with numerous contributors.

    Bottom line:
    All code in the product needs to be dual-licensed not just a part of it.

    Btw.. I dont like this. But nobody said I had to agree with it. Take it or leave it, Stallman says.

  53. Intel could have done that before by JohnQPublic · · Score: 2, Interesting

    Dual/triple/whatever licensing doesn't give Intel any new rights. The GPL doesn't put any restrictions on use of the code by its licensor. That's why it's possible to dual-license code in the first place.

    All that's happened is that Intel has successfully established a practice for Linux kernel code that the license granted by the author is the license of the component. Linus Torvalds has stated that he won't accept license-narrowing patches into his source tree, and that's as close to Official Policy as you'll ever get. Intel has always been free to do what they like with the code, and to make whatever requirements they like of those who send them patches. Requirements like allowing dual licensing, or even assignment of rights (a good thing if a complex piece of GPLed code ever has to face a copyright-defense lawsuit).

    This is a good thing. Everyone who believes in the GPL should support the right of an author to set the terms of use for his or her code. That should include patches - they're modifications of his or her code: in GPL terms, they create a derivative work.

    It makes no sense that a patch should not be available to the original author of the code being altered.

  54. just use FreeBSD by Anonymous Coward · · Score: 0

    Just use FreeBSD and there won't be any such problems nor problems with stability of the kernel of the day or patches left and right or problems with the lack of metadata safety in ext2fs which could lose all your data.

  55. ACPI driver license by stock · · Score: 2, Insightful
    So Intel and RedHat (well lets call it here the Linux kernel community) agreed to have the ACPI driver source inside the linux kernel tree to have 2 licenses. the GPL and the BSD. Because its GPL we as Linux people are happy. And because its also BSD licensed, Intel is also happy, because parts of its open-source project can be extracted as BSD licensed code. That code can then be implemented inside binary only commercial software concerning ACPI. How briljant. It sure is a way commercial OS vendors really can benefit from that open-source project.

    Now the only question remains : Who pays the Linux kernel programmers doing ACPI? and if they are not payed , do they feel ripped off when contributing to ACPI functionality inside the Linux kernel ?

    Robert
    detante : 007 : "if i won't get it , neither will you". and the painting is destroyed.
    reverse detante : "if you will get it, then i want it too!". and the source code is copied.

  56. bsd license by Anonymous Coward · · Score: 0

    the bsd license is teh r0X0r. It allows use by anyone, yet also allows companies to integrate the software into their own products, without having to then open it all up ala the gpl butt loving license.

  57. Re:Red Hat is great! by Anonymous Coward · · Score: 0

    I've read this... Michael Jackson is a pimp!

  58. Re:Red Hat is great! by Anonymous Coward · · Score: 0

    JonKatz has written a new book - it's about pimping biatchez or something.

  59. what a freakin' troll! by Xtifr · · Score: 1

    it's self-replicating, it spreads to any code it gets in contact with[...]

    Hogwash! First of all, simple aggregation is clearly excluded. Second of all, it's not different from any other piece of copyrighted code in that respect. If I post a useful subroutine on my web page, and I don't include any license, and that code mysteriously "spreads" to your application, then you've been "infected" with copyright violation, and I've got a solid basis for a lawsuit.

    it does so without input or consent of the larger host.

    Uh-huh, just like my copyrighted, license-free code. Which just somehow "insinuated" itself into your app without your knowledge or consent. What a crock. The only thing the GPL does is provide you with an optional automatic defense against charges of copyright violation. You can at your choice release the derivative work under the same terms (GPL). But that's a choice -- your code does not automatically become GPL'd just because you included GPL'd bits.

    That's it, the only difference between unlicensed code and GPL'd code is that the GPL'd code allows you an optional out from accusations of copyright violation. No matter how unpalatable you may find that option, GPL'd code is no more (or less) viral than unlicensed code.

    Now, if you want to argue that unlicensed code is also viral, then I'd at least give you points for consistency. But in that case, it's not the GPL that makes the code viral, it's simply that the GPL fails to "de-viralize" the code. Thus, rather than being a virus itself, the GPL is simply a "non-de-viralizing" license, unlike, say, the BSDL which we can now classify as a "de-viralizing" license. That, at least, would be an interesting argument, unlike the troll you posted.

    Oh, and BTW, when you said, "even a minute amount of code is enough to infect," that's also BS. Since it's copyright law that makes the code "contagious," any defense against copyright violation (such as fair use) will work as a defense against accusations of GPL-violation, since it's actually copyright law, not the GPL, that's being violated in such cases.

  60. Last Post! by alpg · · Score: 0

    Scotty: Captain, we din' can reference it!
    Kirk: Analysis, Mr. Spock?
    Spock: Captain, it doesn't appear in the symbol table.
    Kirk: Then it's of external origin?
    Spock: Affirmative.
    Kirk: Mr. Sulu, go to pass two.
    Sulu: Aye aye, sir, going to pass two.

    - this post brought to you by the Automated Last Post Generator...