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Torvalds Says Linux IP Is Sound

Posted by timothy on from the dear-darl-let's-call-him dept.

An anonymous reader submits: "In an interview with CRN, Linus Torvalds says he's confident there won't be any IP problems discovered in Linux. In fact, Torvalds, says he was extra careful with issues like the IBM Read Copy Update code."

6 of 336 comments (clear)

  1. Say what? by The+Bungi · · Score: 5, Interesting
    In fact, Torvalds, says he was extra careful with issues like the IBM Read Copy Update code

    I thought he didn't care? As in "I don't want to know what we're putting in, don't tell me"? And now he was "extra careful"? Or is this some other type of IP he's referring to?

    1. Re:Say what? by xyote · · Score: 4, Interesting

      Linus was saying he was extra careful because he knew the RCU patents were owned by IBM and wanted a clear license to use the patents from IBM. What he doesn't know is there is a prior patent, 4,809,168, that is in the public domain so Linux, or anybody for that matter, doesn't really need a license for RCU. Even SCO could implement RCU without a license from IBM.

    2. Re:Say what? by stwrtpj · · Score: 3, Interesting
      I thought he didn't care? As in "I don't want to know what we're putting in, don't tell me"? And now he was "extra careful"? Or is this some other type of IP he's referring to?

      He was referring to two different things. The "I don't want to know" bit is about patents, which is a totally different animal from IP and copyright. Knowing about a patent ahead of time is tantamount to being tainted by the patent, and if the patented technology shows up in Linux, you're liable for triple damages because you knew about the patent and it went in anyway (under the US system anyway). You cannot check for patents because of this problem.

      IP and copyright are treated differently under the law. There is a little more leeway in these cases. Simple copyright infringement can be handled by stopping the infringement, especially when it can be shown via an audit trail like the kinds that exist for the Linux kernel that the infringement was not malicious or with forethought on the kernel maintainers (i.e. they thought they were getting code whose use was free and clear).

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
  2. RCU code by Anonymous Coward · · Score: 5, Interesting

    1. SCO's lawsuit is about misappropriation of trade secrets
    2. RCU is a patented technology
    3. Patents are publicly viewable
    4. Therefore, RCU cannot be a trade secret

    I don't see any way SCO can have a claim unless the RCU code that IBM donated contained SysV code or code derived from SysV. I seriously doubt IBM would be stupid enough to do that.

    Anyway, since trade secrets are no longer protected once they are publicly revealed, no one should have anything to worry about except possibly IBM.

  3. Linus being naive? by geekee · · Score: 3, Interesting

    When Linus says a contract dispute between IBM and SCO has no bearing on Linux, I think he's being a bit naive. If the code IBM submitted to Linux was a violation of that contract, in addition to damages IBM must pay, a court may place an injunction on shipping Linux, or force Linux users to pay damages as well, depending on the wording of the licensing agreements in the distros being used. Of course this may be pessimistic thinking, but it's not an impossible scenario. Also, if IBM is found in violation of their contract, thats ammunition to pursue further lawsuits against other Linux companies and end-users.

    --
    Vote for Pedro
  4. Re:Outcomes of the SCO trial by isorox · · Score: 4, Interesting

    you'll have to find obscure sites and download the latest kernel before it gets locked down.

    What? /usr/src? 6 versions of the 2.4 kernel on 3 different boxes, not to mention tons of CD's I've collected over the years. But yes, you are right about reputation.

    I thought that linux would simply have the offending code removed - the rest of the code is GPL's and I could release "isoroxix" tomorrow with the same non-sco code. Linux wont go away, and even if it did there's always HURD :D. Moving in on the desktop might take a little longer though.