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Torvalds Says Linux IP Is Sound

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."

47 of 336 comments (clear)

  1. Whew by sulli · · Score: 5, Funny

    What a relief. It would really suck to have to switch back to IPX after all these years.

    --

    sulli
    RTFJ.
    1. Re:Whew by pc486 · · Score: 4, Funny

      I think you misinterperted the title. It really means that Linux IP consists of variations in air pressure.

      :)

  2. Please [gG]od by Anonymous Coward · · Score: 5, Funny

    make the TCP/IP jokes stop, please!

    1. Re:Please [gG]od by El · · Score: 5, Funny

      In other news, RIAA says sound is IP!

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    2. Re:Please [gG]od by NanoGator · · Score: 5, Funny

      "make the TCP/IP jokes stop, please! "

      No no no, everybody make your jokes about IP, freely!

      --
      "Derp de derp."
  3. Torvalds Says Linux IP Is 'sound'!? by wackybrit · · Score: 5, Funny

    The Linux intellectual property is really sound, and not code? Oh great, now the RIAA are gunna bust our nuts for distributing Linux for free!

  4. Shock; Surprise by Sargent1 · · Score: 5, Insightful
    Huh. And I was all prepared for him to say, "I expect all kinds of IP problems in Linux."

    On a serious note, it is good to know he was thinking of these issues for some time.

    1. Re:Shock; Surprise by Trolling4Dollars · · Score: 4, Insightful

      Errr... no. He probably went through the code with a fine toothed comb (or a decent pattern matching app) and found nothing infringing because there never was anything infringing to begin with.

    2. Re:Shock; Surprise by Billy+the+Mountain · · Score: 5, Insightful

      Well, don't you find it suspicious that Linus comes up with this after such a long time !?!?

      It sounds weird to me. Why didn't he say that in the first place ?


      If he came out with it in the first place he wouldn't have been able to say that he'd been thinking about IP issues for a long time.

      BTM

      --
      That was the turning point of my life--I went from negative zero to positive zero.
    3. Re:Shock; Surprise by Xzzy · · Score: 5, Insightful

      That, or it took him this long to go over it with a lawyer before opening his mouth on the subject.

  5. If linux is sound.... by Keebler71 · · Score: 5, Funny

    Then if it falls in the forest does anyone hear it?

    --
    "It takes considerable knowledge just to realize the extent of your own ignorance." - Thomas Sowell
    1. Re:If linux is sound.... by Jad+LaFields · · Score: 5, Funny

      Depends on what version you have. The pre 2.6s have a much louder forestfall property, and so can be heard better.

      --
      [SIG] It's like putting a moose in the blender -- a recipe for disaster!
  6. Linus Torvalds = The Arbiter by Anonymous Coward · · Score: 5, Insightful
    Damn, this guy is cool. He gets to the point. Guess linux users don't need to worry about SCO anymore. Heh, not surprising since Slashdot stopped it's once-a-day-SCO-story.

    Anyway, even though this interview is really short, Linus has good points. The kernel submission system is very open, unlike propriatary systems, and if there is a problem, it can be traced.

  7. sco can have my ..... by spotlight2k3 · · Score: 4, Funny

    linux when they pry it from my cold dead hands, no wait, i meant to post that on the nra site. good to see linus finally helping to clarify things

  8. What i find most amusing... by NoTheory · · Score: 4, Insightful

    Linus seems to be getting more and more annoyed with each one of these interviews. Why don't all these various online news sites take a hint? ;) at least ask him about -something- other than SCO SCO SCO. Give the poor man a break.

    --
    There are lives at stake here!
    1. Re:What i find most amusing... by Feztaa · · Score: 4, Insightful

      Linus seems to be getting more and more annoyed with each one of these interviews.

      It's no surprise. Did you read the bit where he says he doesn't like customers? That really hit the nail on the head; Linus is just a geek like the rest of us, and he just wants to play with his toys. The more time he spends talking about the stupid lawsuit, or talking with customers, or whatever, the less time he spends writing code, and that bothers him.

  9. Hmm... by MoThugz · · Score: 4, Insightful
    Torvalds: The biggest effect by far has just been a lot of time wasted on discussion.


    All I got to say is...
    "..."

    'Nuff said... back to some kernel hacking!
  10. And how would he know for sure, you ask? by Anonymous Coward · · Score: 5, Funny

    Because he's one baaaad computer hackin' mutha fucka.

  11. Re:Linus regard for customers by EmbeddedJanitor · · Score: 5, Insightful

    Linus has never tried to go commercial with Linux. He avoids this side of things. I think this is a strength. Commercial OSs are driven by the desire to sell and as a ressult suffer technically.

    --
    Engineering is the art of compromise.
  12. The circle is complete by Fux+the+Pengiun · · Score: 5, Funny

    About time this came back around. I've been playing this throught my head over and over again, every time this SCO thing comes up, and finally we see the way it really works out.

    See, we know SCO is like Darth Vader, and Microsoft is like the Emperor, pulling his strings. Now, we always thought IBM was Luke, kind of, in that they're the ones having to fight off Vader, but I couldn't quite figure out who Linus was. At first, I figured he was Han Solo, with the helping and the fighting and all, and Alan Cox is obviously Chewbacca (just check the hair).

    But now I think we see that Linus is really a mix of Obi-Wan and Yoda, because he's helping and guiding, but not really fighting himself. At least I thought he was Yoda, just except for the lying (I mean, wtf didn't Yoda ever tell Luke SCO was his father?) but now we see Obi-Wan taking a more active role, actually standing up to SCO! So we're at the "full circle" part, where Linus tells SCO that if he strikes him down (i.e., inspects the code) he'll become more powerful (i.e. open sourced and GPL protected) than he can possibly imagine.

    See, now it all makes sense! Now we just need Luke (IBM) to blow up the "Death Star" (frivilous lawsuits) with a proton torpedo (the GPL) shot down an "exhaust tube" (an exhaust tube). I hope that cleared it all up for everybody.

    --
    Consensual sex is boring.
    1. Re:The circle is complete by debrain · · Score: 5, Funny

      I think SCO is more like Jar Jar. You just wish it would shut its trap.

    2. Re:The circle is complete by DeltaSigma · · Score: 4, Funny

      SCO: " IBM, I am your father!"
      IBM: " Nooo! That's impossible!"
      SCO: "Search your feelings you know it is true.
      IBM: "No, I mean that's stupid. I mean, look at you. Heh, you're shorter than I am. I could kick you right off this platform and you'd hit the wall before you even began to descend. I mean, come on, the force isn't exactly strong with you..."

  13. 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 Anonymous Coward · · Score: 4, Insightful

      Such as when he wrote this:

      From: Linus Torvalds

      To: Daniel Phillips

      Subject: Re: large page patch (fwd) (fwd)

      Date: Sun, 11 Aug 2002 15:55:08 -0700 (PDT)

      Cc: Alan Cox , , , David Mosberger , "David S. Miller" , , , ,

      On Mon, 12 Aug 2002, Daniel Phillips wrote:
      >
      > It goes on in this vein. I suggest all vm hackers have a close look at
      > this. Yes, it's stupid, but we can't just ignore it.

      Actually, we can, and I will.

      I do not look up any patents on _principle_, because (a) it's a horrible
      waste of time and (b) I don't want to know.

      The fact is, technical people are better off not looking at patents. If
      you don't know what they cover and where they are, you won't be knowingly
      infringing on them. If somebody sues you, you change the algorithm or you
      just hire a hit-man to whack the stupid git.

      Linus

    2. 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.

    3. Re:Say what? by Bootsy+Collins · · Score: 4, Informative

      Oh brother, not this again.

      Trade secrets, copyrights, and patents, are three different things, covered by three different sets of legislation and case law, and typically suggest three different approaches for relevant IP management. Most of Linus' comments in the article are about copyright. The LKML entry you reproduce is about patents. Patent issues have nothing to do with the dispute over RCU.

  14. Re:Linus regard for customers by MoThugz · · Score: 4, Insightful

    The fact that not only Linus himself uses Linux can already be considered a success...

    To succeed in the mass market, it has to be put in the market first... Something that Linus did not do!

    Don't confuse Linux (the kernel) with Linux Distributions such as RedHat, Mandrake, Slackware, etc. They distro companies are the ones usually marketing Linux and facing the customers... not Linus himself.

  15. Re:Linus regard for customers by ePhil_One · · Score: 4, Informative
    In nutshell, this comment shows perfectly why Linux will never succeed in the mass market. It is built by developers...for developers. The end users are irrelevant.

    Obviously you don't understand Linus's role in all this. Linus' customers ARE developers. Joe sixpack doesn't go download the latest kernel and install, he goes and picks up RedHat/Debian/Gentoo/Slackware/etc... from CompUSA. RedHat/Debian/Gentoo/Slackware/etc... are Linus's customers, they are the ones that deal with him

    --
    You are in a maze of twisted little posts, all alike.
  16. 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.

    1. Re:RCU code by Malcontent · · Score: 4, Funny

      You are thinking wrong. Remember this is going to be tried in Utah. Here in a nutshell will be basis for this trial.

      1) SCO is a Utah company.
      2) The holding company is also based in Utah (and salt lake).
      3) Son of Orrin Hatch the beloved senator from Utah will be the lawyer for SCO.
      4) Linux is communist software written by hippies.

      Now I ask you good mormon members of this jury. Are you going to rule in favor for this fine mormon company or are you going to rule in favor of a bunch of communist hippies?

      SCO has this trial locked up. They will win it no matter what the evidence. It's going to be up to the appelate court to really decide this. Trust me no jury in salt lake is going to rule against the local boys.

      --

      War is necrophilia.

  17. Re:Torvald's isn't a lawyer by Anonymous Coward · · Score: 5, Funny

    I am your boss at a major Fortune 500 company. You are fired.

  18. I don't like customers by unixwin · · Score: 5, Insightful
    How soon will this be misquoted ??
    "CRN: Are you being called in by vendors such as CA and systems integrators to help win over some of these big Linux deals?
    Torvalds: No. I never go to customer meetings. I don't like customers (laughing). "
    --
    -- everyones not everybody and neither is everybody like everyone.
    1. Re:I don't like customers by nathanh · · Score: 4, Funny

      At least it's better than Darl's impending quote:

      Darl McBride: "Unlike Mr Torvalds, I do like customers... served with some fava beans and a nice chianti."
  19. Outcomes of the SCO trial by Bio-Hazzard · · Score: 5, Insightful

    The worst case senario (which I think is EXTREMELY unlikely) is that the courts find SCO right on all points, this means linux will become a "dark" OS, you'll have to find obscure sites and download the latest kernel before it gets locked down.
    More likely is that SCO gets chucked out on it's arse for having such lame evidence (last I heard it was 80 lines that were copied word 4 word) and linux comes out fine.
    But my biggest worry is that whatever the outcome whenever a big campany is looking to migrate, the issue of the "stolen" code will come out.
    Some conversation like this will happen.

    IT guy: We should switch to linux it's cheaper, faster and more stable.
    Manager: But what about the stolen code?
    (conversation on how it wasn't stolen etc.)

    The biggest problem is our reputation will be tainted and that's whats bugging me.

    --

    Give a man a fire, he is warm for a day.
    Set a man on fire, he is warm for the rest of his life.

    1. 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.

  20. Re:Linus regard for customers by Trolling4Dollars · · Score: 4, Insightful

    Profit motive is the worst and most inefficient way to develop any complex system. What's required is a true interest in what you do. Why do you think so many of those paper MCSEs were completely worthless? They did it because they wanted the money and didn't care about the technology. That's never going to get anyone anywhere. You do it because you love it, otherwise you find something else to do otherwise you'll always be second rate.

  21. Re:Caught My Attention by penisburd · · Score: 4, Informative

    Patents can be used in GPL code, AFAIK, as long as the owner of said patent allows it. Of course, it is always good to be cautious here because if IBM decided to yank the license for their patent, a lot of people are affected, so they have to get strict licensing terms that prevents that from happeneing.

  22. Re:Caught My Attention by rossifer · · Score: 4, Informative

    Because the GPL specifically discusses patent licensing. In section 7, it states that if you can't get a royalty free license to the relevant patents then the GPL can't be applied.

    Which is meant to imply that (in this case) if IBM is willing to license the relevant patents to GPL licencees without royalty then it can hold those patents (and charge others for the use of them for non-GPL'd applications) and GPL code based on those patents. Which IBM is doing.

    Regards,
    Ross

  23. Re:Linus regard for customers by manvantaradude · · Score: 4, Informative
    In nutshell, this comment shows perfectly why Linux will never succeed in the mass market

    Wrong. Linus works on the Linux kernel. The people that package various distributions worry about the customers they attempt to serve. Most folks that enjoy using Linux would laugh with Linus on this one.

  24. Re:Linus regard for customers by the+gnat · · Score: 4, Insightful

    It is built by developers...for developers.

    I think that's rather unfair, but actually, this is *exactly* why I use Linux. Microsoft has always seemed to follow the philosophy of "Shut up, we know what's good for you", which is fine for most users but drives me up the fucking wall. I spent months learning to use Linux, but I can now finally set my computer up exactly the way I want it which I never could with Windows.

    This is the main reason I like the open-source movement, not the philosophy or supposed superiority of the code.

  25. nice put-down by solferino · · Score: 4, Funny

    Linus :

    In the end, SCO is not a very surprising [company to bring a lawsuit]. Their business was zero and it was shrinking.

    Curious mathematical idea, but lovely rhetoric.

    1. Re:nice put-down by MrRage · · Score: 5, Funny

      Well maybe he means that there business was in an epsilon-neighborhood of 0.

  26. Re:yes, but by Gleng · · Score: 5, Funny
    what does it sound like?

    cat /boot/vmlinuz* > /dev/audio

    --
    "Proudly Posting Without Reading The Article"
  27. Re:Caught My Attention by steveha · · Score: 4, Informative

    [IBM] can hold those patents (and charge others for the use of them for non-GPL'd applications) and GPL code based on those patents.

    Yes, exactly correct. This is why Linux has RCU and BSD doesn't. IBM is willing to license the patents for free for GPL code, but they still want to charge license fees for use in proprietary code.

    Releasing something under BSD is effectively placing it in the public domain.

    By the way, you sometimes see people claiming that "if there weren't any copyrights there would be no need for GPL" or some such. Not so. GPL uses copyright law to prevent people from taking free projects proprietary; BSD lets you do anything you want, including taking a free project, hacking it up slightly, and releasing it as a proprietary product.

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
  28. Re:Linus being naive? by AstroDrabb · · Score: 4, Insightful

    Linux will be Fine no matter what the outcome and no Linux customer or vendor will be touched. Think of it this way. Toshiba and Sony are fighting over some new type of TV. Those TV's are used by customers and sold by stores like BestBuy. If Sony is found guilty, Sony will have to pay damages to Toshiba. No home user is going to be force to return the TV or pay money to Toshiba. Even BestBuy won't be fined. At most BestBuy will no longer be able to sell that model. To put this example into Linux terms, no Linux user will be touched and for any Linux vendor, the most that would happen to them is that they have to ship/use a different version of Linux without the infringing code. FUD, is FUD whether it is from MS or SCO. The sad thing about FUD is that it often confuses people into thinking as you have.

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  29. Not ignorance of the law. by mindstrm · · Score: 5, Insightful

    That is not ignorance of the law, that is ignorance of the fact.

    Not knowing that something is illegal is not an excuse.
    Not knowing you DID something in the first place is a totally different matter.

    Linus is not ignorant of the law, he knows taking someone elses stuff and putting it in his kernel without permission is illegal. The point is that, if you have no reason to suspect you don't have the rights, that should be the end of it as far as you are concerned, until someone points out otherwise.
    To do things the other way would be incredibly expensive, and endless... how do you prove code is totally within your rights? Full patent search and public annoncement on each function and update?

  30. Re:Linus regard for customers by Zebbers · · Score: 4, Funny

    When was the last time someone who "liked" you asked for money, every year, to continue seeing them?

    I knew something was wrong when my girlfriend asked if I could do direct deposit. :(