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Linus on DRM

Linus Torvalds weighed in on the DRM debate on the linux-kernel mailing list last night. No, don't click through, his email is reproduced below. Worth reading and thinking about.

Thread on LKML:

Date: Wed, 23 Apr 2003 20:59:45 -0700 (PDT)
From: Linus Torvalds
To: Kernel Mailing List
Subject: Flame Linus to a crisp!

Ok,
there's no way to do this gracefully, so I won't even try. I'm going to
just hunker down for some really impressive extended flaming, and my
asbestos underwear is firmly in place, and extremely uncomfortable.

I want to make it clear that DRM is perfectly ok with Linux!

There, I've said it. I'm out of the closet. So bring it on...

I've had some private discussions with various people about this already,
and I do realize that a lot of people want to use the kernel in some way
to just make DRM go away, at least as far as Linux is concerned. Either by
some policy decision or by extending the GPL to just not allow it.

In some ways the discussion was very similar to some of the software
patent related GPL-NG discussions from a year or so ago: "we don't like
it, and we should change the license to make it not work somehow".

And like the software patent issue, I also don't necessarily like DRM
myself, but I still ended up feeling the same: I'm an "Oppenheimer", and I
refuse to play politics with Linux, and I think you can use Linux for
whatever you want to - which very much includes things I don't necessarily
personally approve of.

The GPL requires you to give out sources to the kernel, but it doesn't
limit what you can _do_ with the kernel. On the whole, this is just
another example of why rms calls me "just an engineer" and thinks I have
no ideals.

[ Personally, I see it as a virtue - trying to make the world a slightly
better place _without_ trying to impose your moral values on other
people. You do whatever the h*ll rings your bell, I'm just an engineer
who wants to make the best OS possible. ]

In short, it's perfectly ok to sign a kernel image - I do it myself
indirectly every day through the kernel.org, as kernel.org will sign the
tar-balls I upload to make sure people can at least verify that they came
that way. Doing the same thing on the binary is no different: signing a
binary is a perfectly fine way to show the world that you're the one
behind it, and that _you_ trust it.

And since I can imaging signing binaries myself, I don't feel that I can
disallow anybody else doing so.

Another part of the DRM discussion is the fact that signing is only the
first step: _acting_ on the fact whether a binary is signed or not (by
refusing to load it, for example, or by refusing to give it a secret key)
is required too.

But since the signature is pointless unless you _use_ it for something,
and since the decision how to use the signature is clearly outside of the
scope of the kernel itself (and thus not a "derived work" or anything like
that), I have to convince myself that not only is it clearly ok to act on
the knowledge of whather the kernel is signed or not, it's also outside of
the scope of what the GPL talks about, and thus irrelevant to the license.

That's the short and sweet of it. I wanted to bring this out in the open,
because I know there are people who think that signed binaries are an act
of "subversion" (or "perversion") of the GPL, and I wanted to make sure
that people don't live under mis-apprehension that it can't be done.

I think there are many quite valid reasons to sign (and verify) your
kernel images, and while some of the uses of signing are odious, I don't
see any sane way to distinguish between "good" signers and "bad" signers.

Comments? I'd love to get some real discussion about this, but in the end
I'm personally convinced that we have to allow it.

Btw, one thing that is clearly _not_ allowed by the GPL is hiding private
keys in the binary. You can sign the binary that is a result of the build
process, but you can _not_ make a binary that is aware of certain keys
without making those keys public - because those keys will obviously have
been part of the kernel build itself.

So don't get these two things confused - one is an external key that is
applied _to_ the kernel (ok, and outside the license), and the other one
is embedding a key _into_ the kernel (still ok, but the GPL requires that
such a key has to be made available as "source" to the kernel).

Linus

28 of 890 comments (clear)

  1. Props to Linus by dtolton · · Score: 5, Insightful

    What Linus is saying makes complete sense to me. I think the
    Kernel level of Linux is the wrong place to make a political
    stand like that. What has made Linux successful, and what will
    make it ultimately *the* OS is it's an
    Evolvable System

    The fact that people can use Linux for whatever they need to is
    what makes it such a compelling system. The fact that you can
    tinker with it, change the source, in short make it work for you
    is what makes Linux successful.

    He also makes a good point, there is a difference between
    allowing DRM and forcing everyone that uses the OS to use DRM
    (as M$ want). There are some times when DRM is very legitimate
    (Goverment Top Secret Docs, Litigation Confidential information
    etc), and there are the times when I consider it to be
    un-ethical (most other situations I can think of).

    I have to say way to go Linus. Keep the system evolvable.
    Ultimately isn't it a catch 22 anyway? If he prohibits DRM,
    isn't that sort of like saying "this is my software and you
    can't do XX with it".

    --

    Doug Tolton

    "The destruction of a value which is, will not bring value to that which isn't." -John Galt
    1. Re:Props to Linus by FortKnox · · Score: 5, Insightful

      Linus is great in these situations. He takes rabid open source zealots and brings them back to reality before they go too far off.

      He simply shows that you don't have to be political (mp3 sharer, privacy guru, etc...) to enjoy Linux. And offshoots will always be there for you rabid-types.

      Who's loss? None.

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    2. Re:Props to Linus by MrFredBloggs · · Score: 3, Insightful

      You're talking about freaks,hippies,liberals, proletariat etc as if they actually exist, rather than just sloppy shorthand media creations that mean nothing. Some `people` are creative, and some aren't. Some make good albums. Some don't. I wouldn't get too hung up on labelling things (maaan - quick, allocate me a label!) - they're no use, and end up making it harder and harder to deal with reality as you frantically try and bend and twist it to fit into your neat little boxes.

      Still, 1 out of 10 for mentioning a great album!

    3. Re:Props to Linus by renehollan · · Score: 5, Insightful
      He simply shows that you don't have to be political (mp3 sharer, privacy guru, etc...) to enjoy Linux

      You don't have to be political to enjoy a nice pair of new running shoes (made, possibly, with child labour), medical advances (made possible to some degree due to research done via unanesthesized vivisection of Jews by Nazis during WWII), or "free" health care (paid by tax dollars taken from those who now can't pay for their medical needs not covered by the "free" program).

      You don't have to, certainly, but you should.

      Politics, at its core, is the study of the philosophy of ethics. Ideally, the concern should be arriving at a means to determine whether actions are "right" or "wrong" without personal or group bias. Of course, "politics", as practiced, has nothing to do with ethics, and everything to do with special interests. And, no doubt, different people have different views of "right" and "wrong". It behooves them, to take part in the ethical debate.

      With regard to Linux, particularly these days, that debate extends to whether it should be "permitted" to exist at all, supposedly being a "hackers'" and "terrorists'" tool. Surely, anyone who enjoys Linux should have an interest in the ethics surrounding it.

      Now, should is not must, and people are free to live their lives in apolitical oblivion. However, the old mantra "evil prevails when good people do nothing", does nag at one's conscience, and such apathy in an individual is not a characteristic I particularly like to see.

      In this regard, RMS is right to deride Linus Torvalds as merely an "engineer". Linus' pet operating system would not even exist, and have a strong ethical footing supporting the "goodness" of that existance, were it not for RMS' philosophical views. While this does not represent a "debt", per se., decent people generally respond to kindness (yes, the GPL is an act of kindness), by reciprocating.

      --
      You could've hired me.
  2. In summary... by sporty · · Score: 5, Insightful

    Technology, encryption, reverse engineering, mp3's, drm, sniffers.. they arne't inherently evil. It's the usage and if they go against your morals, ethics and general desires, if they are good or not.

    Laws which put their use at all, as forbidden or not, is what should not be put into law. It's how they are used.

    --

    -
    ping -f 255.255.255.255 # if only

  3. Voltaire by egoff · · Score: 4, Insightful
    Sounds like the quote by Voltaire that embodies free speech:
    'I may disagree with what you say, but I will defend to the death your right to say it.'
  4. Still cool by ike6116 · · Score: 4, Insightful

    Once again Linus leaves it up to the one thing that makes linux beautiful: Choice.

    --

    Are you secure enough in your masculinity to run 'man touch'?
  5. just an engineer by dAzED1 · · Score: 4, Insightful
    I don't find myself agreeing with him "politically" generally, but like he himself, and as he poitns out RMS as well, says...he's just an engineer.

    Seems reasonable to me though. You don't have to compile it in to the kernel you use if you don't want it. He's just offering a choice. For this one, I will accept that he is in fact remaining neutral politically.

    1. Re:just an engineer by Theodore+Logan · · Score: 4, Insightful

      But there is no way to stay out of politics when you're the head of a project of this size and importance. Indeed there is no way to ever stay out of politics, regardless of the reality of your everyday life. All our lives is about politics, albeit for most on a much smaller scale. Whatever decision we make is to some extent a political one. Take, for example, that homeless bum you passed on your way to the office. Either you gave him money or you didn't. Not caring about it at all, or refusing to even contemplate the issue, must have resulted in the latter choice, which is also a political move. There is no way to be "neutral" here. Not making a choice is also a choice. As is, returning to the topic, offering people a choice. This is obvious in every other area of life, why isn't it here? Nobody would say that one is being neutral on the topic of gun control if one thinks everybody should be able to choose whether they want to have a gun or not, just to take one example.

      This is what Linus seems to not be able to understand. Not caring about politics when your actions and choices have political consequences is also politics - the politics of "I don't care." If he says "I'll give you the choice of compling this into your kernel" that is in no way a neutral stand on anything.

      I'm not blaming Linus for this. In fact, I think his attitude is refreshing. But it is dangerous to think that just because he considers himself neutral, that is what he is. I like him, but sometimes I wish he would just keep his mouth shut instead of opening it and proving how shallow he is.

      --

      "If you think education is expensive, try ignorance" - Derek Bok

  6. This is what has made Linux successful, by Viperion · · Score: 5, Insightful

    It's Linus' optimism. See, RMS insists that if you don't tell people what they can't do with software, that they'll do the worst. Linus assumes that people will do whatever they feel like, and the more they can do, the better, because you can't easily stop a movement. You can stop a man.

    Go Linus. I'm not a DRM fan, but I am a fan of you ideology.

  7. Misconceptions by lpret · · Score: 4, Insightful

    I think it's interesting that it takes the "leader" of the OSS movement to put the brakes on some overboard reactions by slashdotters and many others. Too often we relate some issue as being a Microsoft invention and thus evil when all along it's been incorporated in a different form in our favourite OS. Perhaps we can learn a lesson about this and start applying it to other organisations (RIAA, MPAA, etc.)?

    --
    This is my digital signature. 10011011001
  8. Right tool for the job by October_30th · · Score: 5, Insightful
    On the whole, this is just another example of why rms calls me "just an engineer" and thinks I have no ideals.

    This is exactly why I like Linus. Unlike certain nutjobs, he's rational enought to know that one should always use the right tool for the job.

    When ideals get in the way of actually achieving your goals they are doing more harm than good for the cause.

    That comment made me wonder if RMS actually holds a grudge against Linus for not conforming to his standards of "purity".

    --
    The owls are not what they seem
    1. Re:Right tool for the job by IamTheRealMike · · Score: 5, Insightful
      Slow down there.

      RMS thinks in a different way to most of us. When he chooses a tool, he wants one that conforms to his ideals because he isn't just thinking about the next 5 minutes, he isn't interested in just solving this problem and moving on. He thinks a long way ahead.

      So when you offer him a proprietary piece of software, he won't use it, even if it's more convenient than what he already has. He believes that in the long term, it's the wrong tool for the job, because he takes into account things that to most people are entirely ethereal - things like what kind of society he wants to live in, the long term maintainability of the software, lack of vendor lock in and so on.

      I see way too many people slamming RMS for not being pragmatic enough. I think in reality he is very pragmatic, but with a different timeframe for his concerns to most people, leading them to view him as a "nutjob" or having "alien" thinking.

  9. I'm going to have to agree with him on this one by Hunts · · Score: 5, Insightful

    There is nothing horrible about the idea of DRM, its mearly what people are going to do with it. And before any blows my head, just remeber this is that same argument put forth to defend openbsd only yesterday( was it yesterday, I'm loosing track of time at the moment.)

    I like that I can trust software to be what it says it is, I think its a step in the right direction to protecting againt trojans etc..

    I dont want to be forced to do it though for every little thing that somebody thinks I need permission to run. If certain DRM can be applied to the linux kernal that make computing safer (and by that I mean actually safer, not MS safer or somebody else thinking their making me safer by imposing rules on me), then go right ahead.

    Just make sure I can remove it should I wish.

    --
    "Enlightenment is your ego's biggest disappointment." --Yoginanda
  10. "Just an engineer", eh? by Graabein · · Score: 4, Insightful
    Linus wrote:

    > On the whole, this is just another example of why rms calls me "just an engineer" and thinks I have no ideals.

    Perhaps what the world needs is more engineers and artists, and less flaming zealots. I think Linus has been, and still is, getting it just right. In fact, I think his statements above and the way he views this issue is 100% in the spirit of the GPL. The code is supposed to be free, remember? This includes free to be used in unspeakable ways, so long as the source is always included and freely redistributable. You can't claim freedom for only the ideals you like, that's tyranny.

    Then again, IANAL.

    --
    And remember kids: Never trust a computer you can actually lift.
  11. Re:Huh? by Frater+219 · · Score: 4, Insightful
    Is that "Oppenheimer" as in the head of the most politically motivated science program of all time?

    Perhaps a better analogy would have been Wernher von Braun, as commemorated in Tom Lehrer's song:

    Don't say that he's hypocritical
    Say rather that he's "apolitical"!
    "Vonce ze rockets go up, who cares vhere zey come down?
    "Zat's not my depaartment," says Wernher von Braun.

    The intended contrast is between the "apolitical" engineer who does not really care to what purpose his invention is used -- or by whom, as von Braun (purportedly) worked equally willingly for the Nazis as for the United States -- and the type (like Albert Einstein) who considers and possibly regrets its social consequences.

  12. Re:I think Linus Missed the Point.... by Kourino · · Score: 4, Insightful

    In Soviet Russia, the point misses YOU!

    Nowhere in this message does Linus even begin to talk about RIAA-driven media protection schemes. Why are you even bringing it up in this post? "Digital copyright protection" IS NOT the be-all and end-all of DRM.

    Try reading the message again. Linus brings up the exact same point you did: "hiding" a private key in GPLed source is obviously not okay because it exposes the private key. And how does "wrapping it up in a shared lib" "violate everything OSS stands for"? Or are you conveniently overlooking the entire point behind the LGPL? Nevermind that shared libs don't even make sense at the kernel level.

    Linus' message has nothing to do with Winputers or the RIAA or forcing you to run/not run whatever because some guy in a suit in Hollywood doesn't trust you with things that aren't his anyway. There's nothing to see here. Move along.

  13. Re:what ? by RickHunter · · Score: 4, Insightful

    What he actually seems to be supporting is the stated (note stated, not actual) purpose of Palladium/TCPA. Signing code and verification of signed code to ensure that programs are who/what they say they are. The nature of GPL'd software makes "DRM" impossible - if your GPL'd program does X to verify that its allowed to access a file, I can write a program that does X, accesses the file, and then writes the file in a form that I can access without doing X.

    DRM relies on secrets buried in the binary and removing elements of the system from the user's control. (As if the user had control over the verification bits, the system would be useless) The GPL is designed to place all elements of the system in the user's control.

  14. Hrm... by autopr0n · · Score: 4, Insightful

    Well, there's a big difference between allowing people to digitally sign binary builds of the kernel, and actually supporting DRM directly.

    Personally, it seems almost irrational to want to keep people from signing copies of the kernel. It's almost a free speech issue, people should be able to sign whatever the hell they want.

    I think the real issue is restrictions people place on others, the TCPA/Pallidum DRM systems of which code signing is only a small part. I think I would hate to see Pallidum style 'locks' on the runtime environment in the 'official' version of the Linux kernel. If that does happen, I'm sure it will fork like mad, though.

    I guess what Linus is saying is that if some companies want to make locked up, DRM'd systems using the Linux kernel, it's OK with him.

    --
    autopr0n is like, down and stuff.
  15. Re:It's more complicated than that. by amcguinn · · Score: 3, Insightful

    You've defined the issue very well, but I don't think either scenario can be prohibited.

    Imagine this: Company A makes a set-top box as you describe. Company B develops and publishes a linux binary for it, with source, etc. Company A then signs the binary and distributes the detached signature. The box will now run the special signed version of Linux.

    Who has broken the GPL? Company B hasn't done anything wrong at all. Company A has not used, distributed, or created a derived work of any GPL'd software. They are not a GPL licensee, unless you can claim that the MD5 sum of a program is a derived work, which is ludicrous.

    No, it's difficult, but Linus is correct. The GPL protects the software only. The remedy to this problem lies elsewhere: people should choose not to buy crippled hardware, and governments should not make laws prohibiting people from modifying their own hardware.

  16. Further Discussion by SomeOtherGuy · · Score: 3, Insightful

    DRM is like the discussion on gun control. (Guns don't kill people, people kill people.) And putting a nice fat elk on the dinner table is always a good thing for us meat eaters. DRM is the same way -- Linus is talking (in my opinion) about a useful purpose for something (that in the wrong hands) can cause a lot of damage.

    --
    (+1 Funny) only if I laugh out loud.
  17. Mandatory DRM not GPL compatible by gr8_phk · · Score: 3, Insightful
    Once you make it illegal to use an unsigned OS, Linux under the GPL is screwed. As a legal mandate someone will be put "in charge" of signing binarys. Not Linus nor anyone else outside the appointed (not elected) inner circle will be able to sign an OS. Since GPL requires source to be available, this will make the big commercial Linux distros better than Windows, but rest assured that the intent of the GPL to allow people to modify and redistribute will most certainly be compromised. Sure you can mod and distribute the source, you just wont be able to boot it.

    Just taking the other side to promote discussion.

  18. Okaaaaay by 0x0d0a · · Score: 4, Insightful

    Linus' pet operating system would not even exist, and have a strong ethical footing supporting the "goodness" of that existance, were it not for RMS' philosophical views. While this does not represent a "debt", per se., decent people generally respond to kindness (yes, the GPL is an act of kindness), by reciprocating.

    Uh...Linus does. Stallman and Co. handed him lots of code to use. In return, he did the same, and now "GNU/Linux" has the best kernel around.

    OTOH, I don't think that Stallman should be trying to push his ideology on Linus any more than Linus should be trying to do so to Stallman. The difference is that Stallman tries to do exactly that with Linus, and Linus doesn't do so to Stallman.

    1. Re:Okaaaaay by renehollan · · Score: 3, Insightful
      OTOH, I don't think that Stallman should be trying to push his ideology on Linus any more than Linus should be trying to do so to Stallman. The difference is that Stallman tries to do exactly that with Linus, and Linus doesn't do so to Stallman.

      I suppose that one shouldn't push the "ideology" that treating others worse than one would ever want to be treated one's self, either? Do we let others pursue their chosen "ideology" of murder? If not, then why not, and what makes us "right" and others "wrong"? These are the (hard) questions to ask.

      A very strong argument can be made that non-free software is so harmful that it ought to be outlawed. I don't particularly agree that that's the case, but neither do I see Stallman's "pushing" of his ideology as particularly forceful: he's not putting a gun to Linus' head to "comply", is he?

      Stallman's "force" is nothing more than strength of conviction.

      Torvalds' political apathy, on the other hand is irritating, in the same way that Canada's wishy-washy stance on the war in Iraq is irritating: trying to please all by doing nothing.

      Guess what: driven people have strong opinions, and are willing to risk unpopularity (and often, much worse things), to stand by them. Such people make good friends and allies, though they do have enemies as well. When push comes to shove ("Linux is for terrorists"), will Linus be a "fair weather" friend to the Linux community, quietly disappearing into obscurity? I hope not, but, sadly, I'm not sure.

      --
      You could've hired me.
    2. Re:Okaaaaay by renehollan · · Score: 3, Insightful
      Not that hard, if you actually put your brain to the task. :) There is a core set of behavior that is damaging to society as a whole, whether the behavior is practiced by politicians or criminals (the same class!) or whatever. Murder is in this class of behavior. This behavior, when let run wild (as in the favorite cite of Nazism) isn't just damaging to the world we live in, it can potentially destroy the whole world and all of human existence. Therefore, for pragmatic reasons, this behavior shouldn't be allowed by the forces that be, and if they practice this behavior, they should be thrown out and new powers installed.

      That's a circular argument: Murder is illegal killing, and should therefore be considered "wrong".

      Well, ..., okaaaaaay.

      The hard part is not arguing that murder is wrong: that's axiomatic. The hard part is determining when killing another is murder and when it isn't.

      Now, even there, we've got a pretty good set of rules to guide us, but murder and killing, are extreme actions -- irreversable, given modern technology and medical skill (and, one could argue, by definition, since, if someone can be "brought back", then, perhaps, they weren't dead to begin with. Not really.).

      The really hard questions are along the lines of "Should activity X be prohibited because it may lead to bad thing Y?".

      May is not will, but increasing the mere liklihood of bad things is not acceptable, is it?

      Think "Gun control" for a hard problem. (Philosophically, increased accountability for firearm use may render it a simple problem, but such rational approaches have not been socially accepted on a wide scale, so the problem remains "hard").

      --
      You could've hired me.
  19. DRM vs. signing by dh003i · · Score: 3, Insightful

    Digital rights management is just that -- digital rights management. It is designed to prevent me from making fair use of MY software, music, DVDs, whatever.

    I think what Linus is talking about is an entirely different applications of essentially the same technology. He's talking about signing as being a good thing, so that we -- the users -- can verify, for example, that the latest kernel release was actually released by Linus, and not some poser. This is good and fine. If we want to be able to verify such things, we simply install the appropriate verifying software, with internalized or modularized support in the kernel; alternatively, we can add/remove that verifying feature from the source.

    In other words, *we* have the option to have these things, which would allow us to verify that the latest kernel release was actually signed by Linus (doesn't GPG do this?)

    However, DRM and digital signing can never work in a GPL'ed system unless the person controlling the computer wants them. You're welcome to put a DRM-scheme in any GPL'ed (say) CD-player, referring to an external closed key. I, however, if I don't like that, can remove that from the source, thus have the program not even request such a key. Likewise with signing. This does not mean that DRM and signing are useless on GNU/Linux. It just means that they can't* be imposed against the administrator's will. The administrator of the computer can still use them -- if (s)he wants -- to verify that updates are signed by individual's they trust. And they can still use them to ensure that ordinary users on those machines (if said machines are corporate) can't use them to violate copyright laws, which would create liability for the corporation. However, the administrator can also choose *not* to use them.

    I also don't see how RMS is the counter-point in this case. RMS has had ample opportunities to include anti-commercial, antiÐadvertising, and patent-fighting terms into the GPL. He has refused. I e-mailed him asking about the Open Software License, which has a clause in it that would terminate the right of anyone to use that software if they brought a patent lawsuite against any other under an OSI-approved license with the same clause in it. I suggested he put such into the GPL to ward off patent lawsuites. He refused, stating that there was already something in the GPL preventing stealth patents from infecting GPL'ed programs.

    I don't think it's enough, but his worry is that such a clause would make the GPL a EULA, regulating the user's actual *use* of the software. I also don't see anywhere where RMS or anyone else in the FSF has said that the GPL bans DRM and signing, nor that it should be modified to do so. As it happens, I think that such a clause should be included in the GPL, because patents are a major problem for ALL software developers. If developers had to do exhaustive patent searches before writing code, nothing would EVER be produced. I think, however, that anyone who wants such a clause can simply add it to the GPL in their own modified version of it.

    * The worrysome case, however, is with things like requiring DRM by law, or by hardware code. There are nazi ideas floating around to make it legally required for all software to use DRM. This may not directly affect any FS/OSS projects, as they can simply move abroad. However, one should not understimate the power of multinational corporations to get the WTO to penalize nations that don't agree to the US' draconian IP laws. Furthermore, hardware initiatives like Palladium would prevent GNU/Linux from running on hardware at all.

  20. Re:Why signed binaries are not allowed by the GPL by jms · · Score: 3, Insightful

    [a signature hash] is a qualitative statement made about the work in question, but the statement is its own creative work.

    This is completely untrue. A signature hash is a quantitative statement about the work. That's the entire point of a hash. There can be a thousand english-language reviews of a movie, all of which will be different. There is only one possible hash of a kernel in any given hashing language/algorithm. There is no room for "creativity" in the computation of a signature hash.

    However, I doubt that a copyright infringement case would get very far. Consider the criteria for fair use:

    Criteria 1: What is the purpose and character of the use?

    The purpose of a hash is completely different from the purpose of a kernel. The hash also has completely different characteristics than the kernel. Both favor fair use.

    Criteria 2: What is the nature of the work?

    The nature of a hash is a single factual, mechanical observation about a published work, favoring fair use.

    Criteria 3: What is the amount and quality of the work being use?

    The amount of the work included in the hash is a vanishingly small amount of the original work. Less then 100 bytes derived from a several megabyte program. It is impossible to reconstruct a kernel from a kernel hash. Both observations favor fair use.

    Criteria 4: What effect does the use have on the market for the original work?

    None, thus strongly favoring fair use.

  21. unsurprising. by Eivind · · Score: 3, Insightful

    Yes, you can make hardware that will only run signed binaries, and thus close that hardware to tinkering. Infact, making such hardware has already been attempted, it's called a console.

    In essence, the bootloader of such hardware does the equivalent of:

    if (valid_signature(kernel))
    boot(kernel)
    else
    com plain_and_stop();

    This is nasty, if you are running on such hardware, than the ability to change the kernel in any way you like brings you nothing: if you change anything, even something completely trivial, the signature will no longer be valid, and your new changed kernel will not boot.

    Linus is rigth though, this is clearly allowed under the GPL. And furthermore, it very likely CANNOT be forbidden even if we would want to.

    A Signature is (or atleast it can be) a separate document saying the equivalent of: "I, Bill Gates, testify to the fact that the kernel with sha1sum=b7a7bf03dcafd4d48001d6a2a6fd2ceaefa4cc1e is trustworthy and can be booted. signed(bill_g)"

    There is no way for the GPL, or any other legal document to forbid the above document from existing. The signature above is clearly not a derived work of the kernel, but rather a commentary upon it. (namely a commentary on the trustworthiness) The only info derived from the kernel is the sha1sum, but the only function of this is to make it clear which kernel you are talking about. (much like mentioning the ISBN-number of a book you are reviewing)

    Furthermore, there is also no way you would be able to forbid hardware from acting on the existence (or absence) of such a signature. Afterall there is no law saying that "hardware *must* boot all code."

    Now, what *would* be nasty would be new laws *requiring* hardware to implement signature-checking. Such laws would essentially make it forbidden to make user-modifiable computers. The way the US is moving at the moment, I would not be too surprised if such a law is introduced and passed in the next few years.