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Linux Sourcecode To Minitar Access Point

mcbridematt writes "Minitar sells a rebadged Edimax Linux based-802.11b Access Point in Australia (no FCC ID yet) for a relatively cheap price (under AUS $100 in places). These access points are based around the Realtek 8181 wireless-system-on-chip design, have 8MB flash rom, and run a 2.4 series Linux kernel. After requests from the community to get the kernel sources, which resulted in a incomplete sourcecode release, we finally have (allegedly) complete and GPL compliant Linux kernel sources for this fine Access Point. Special thanks to chuna, serialmonkey and screwball at Minitar for making this happen, especially after they ran into arguments with their OEM and Realtek over this." From the attached forum discussion, you can see there's disagreement about whether the source code release is as complete as it should be.

295 comments

  1. I'm curious. by Anonymous Coward · · Score: 2, Interesting

    Who is actually going to care? Will any of you buy this product now, and hack around with the source?

    1. Re:I'm curious. by mcbridematt · · Score: 2, Informative

      I own one of these AP's and there pretty damn good things for the price, and quite compact too. You could probably rip out the board and place it in a Palm III shell :)

    2. Re:I'm curious. by BlueUnderwear · · Score: 4, Informative
      Who is actually going to care?

      Maybe those of use stuck with a Realtek 8180 card? The model number is close enough to 8181 that there is some chance that the 8181 AP driver would work with the 8180 PCMCIA card, with only minor modifications.

      Yes, I know that there already is a binary driver for the 8180, but it is very flaky, and rather picky about the kernels and distributions it agrees to work with... (as binary drivers usually are, alas!)

      --
      Say no to software patents.
    3. Re:I'm curious. by mcrbids · · Score: 5, Insightful

      Yes, I know that there already is a binary driver [realtek.com.tw] for the 8180, but it is very flaky, and rather picky about the kernels and distributions it agrees to work with... (as binary drivers usually are, alas!)

      Which is why I contend that the Linux driver interface sucks.

      Assume that I have, on my Red Hat system, kernel 2.4.20-8. Which I parse as 2.4.20 kernel, build #8. So a security update comes out, and I upgrade to 2.4.20-12. (Not an atypical scenario).

      Suddenly, my nvidia driver doesn't work, and once that's resolved (with a loss of 3D support, no less) I find also that VMWare won't load properly.

      It may be that 3 lines of code were changed, so that

      "if (a>20){
      b=5;
      } "
      now reads
      "if (a>=20){
      b=5;
      } "

      out of umpteen kazillion lines of code, but dammit, now I have to find precompiled binaries for the exact version and build of the kernel I'm now running.

      I think that's just retarded.

      Kernel modules should communicate through a documented API, allowing a particular binary driver to work on a series of versions. I think it'd be fair to have a 2.4.x api, and a 2.5.x, 2.6.x, and so on.

      But the current way is just stupid and hampers Linux' adoption in the less techie areas.

      Of course, since I'm not Linus, nor a programmer of sufficient skill to provide any serious challenge to the powers that be, I generally just swallow my gripes and live with it for the parts that I like. (fantastic reliability, good uptimes, reasonable security, etc.)

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    4. Re:I'm curious. by Monkelectric · · Score: 4, Informative
      yea but you know that drivers are the primary reason windows is unstable right? if you get conservative, non-flashy hardware, windows is very stable. Win2k is *more* stable under VMWARE then it is on real hardware -- and the reason is the vmware authors are professionals and know how to write drivers. Some chinese kid who makes 8$ a month banging out drivers for generic wifi card #23 isn't producing quality code, and that crashes your computer :)

      Thats why Win2k/WinXp/etc like signed drivers. Being signed means they've been throught MS's tests... MS realized they were getting reamed for alot of lockups that weren't their fault.

      So whatever linux is doing wrong, its still doing better then MS.

      --

      Religion is a gateway psychosis. -- Dave Foley

    5. Re:I'm curious. by idiotnot · · Score: 4, Informative

      Thing is....

      The binary drivers also aren't platform-independent. I'd imagine the 8180 driver only works on 32-bit x86. Now, for the majority of people, this isn't a problem, but what happens when you buy an Athlon64 notebook and want to run a 64-bit kernel, and the driver won't work....stuck in 32-bit land until Realtek graces you with a driver.

      I'm in a similar situation, which is why I bring this up. I own a notebook with a broadcom wireless chip. Dell uses these in their notebooks. For PC users, they use the NDIS wrapper and use the windows driver. It has limited functionality, but it does work. I own an iBook, so the windows driver won't work at all for me. Cisco/Linksys use this chip in their wr54g router/ap, which uses arm, I think? They've relesed the source to the AP....everything *except* the source to the driver for the broadcom chip. Broadcom seems steadfast in its refusal to release the specs on the card, so until someone manages to reverse engineer it or something, there won't be any real free driver for it, and certainly not one for non-pc platforms. So much for running Linux or BSD on my iBook.

    6. Re:I'm curious. by BlueUnderwear · · Score: 4, Interesting
      Actually, many "binary" drivers use a "mixed" approach: some "glue code", available in source form, responsible to be the interface with the rest of the kernel, and the binary driver itself, containing those superseekrit proprietary algorithms that the company doesn't want to reveal. The binary part only interacts with the glue code, never directly with the rest of the kernel.

      Well, that's the theory. Unfortunately, despite their best intentions, many drivers get it wrong. They either "forget" to put a certain number of APIs into their glue code, and call those directly from the binary part. Or, all functions are covered, but they access structures directly. Or any other kind of SNAFU. Smacks more of lack of testing or proper development procedures than lack of foresight.

      NVidia gets it right (even to the point that their driver works flawlessly with 2.6 kernels. But not with SuSE's X servers, but I'm more inclined to blame SuSE for that...).

      VMware gets it mostly right (no problems with any 2.4 kernel, but you need a third-party patch for 2.6 kernels).

      Realtek (and, unfortunately many others...) get it wrong, and don't seem to work on anything more recent than 2.4.18.

      --
      Say no to software patents.
    7. Re:I'm curious. by Wakkow · · Score: 3, Insightful

      "but dammit, now I have to find precompiled binaries for the exact version and build of the kernel I'm now running."

      Why? Whenever I upgrade my kernel, the nvidia installer compiles one for my kernel.. No need to search for precompiled binaries.

    8. Re:I'm curious. by Anonymous Coward · · Score: 0

      yea but you know that drivers are the primary reason windows is unstable right?

      BAD drivers are the reason windows can be unstable. Most drivers released for windows are great and have no instability issues. The only issue that Windows itself has, is that there are too many drivers, many of them being of low "8$ a month" quality. But I would much rather have my choice between too many drivers, and too few as it is on Linux.

    9. Re:I'm curious. by mcbridematt · · Score: 1

      I think 2.6 has a feature called "Kernel Versioning Support" which allows you to use modules made for older kernels. It's still EXPERIMENTAL, AFAIK.

    10. Re:I'm curious. by Arker · · Score: 3, Informative

      Your gripe doesn't show that the kernel interface sucks, but that binary drivers suck. The kernel API is left somewhat changeable on purpose, because there are major advantages to it and because the disadvantages of it accrue solely on binary-only drivers, which are in Linus' words 'unsupported' and not to be encouraged anyway.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    11. Re:I'm curious. by BlueUnderwear · · Score: 0
      I own an iBook, so the windows driver won't work at all for me.

      Different processor. That sucks. Indeed, even "stable" APIs and kernel structures wouldn't help in that case.

      Maybe we need "bytecode" drivers? (drivers written in some pseudo-assembly language that is interpreted/jitted by the kernel, rather than run directly on the processor). Might have some performance issues though, but could be made workable by makeing some processor intensive operations (such as bulk memcpy'ing) available as opcodes.

      --
      Say no to software patents.
    12. Re:I'm curious. by Anonymous Coward · · Score: 0

      can we stop china bashing, if i wanted to hear that sob story i'd tune in Lou Dobbs, who is no doubt on right now, because he always is, every day, when i watch him :-(

    13. Re:I'm curious. by Anonymous Coward · · Score: 0

      The module API has version-checking procedures in it. Granted, its still not as easy to use binary-only drivers across multiple versions as source ones; however it is not impossible.

      Just because people aren't using it doesn't mean it isn't there.

    14. Re:I'm curious. by Anonymous Coward · · Score: 0

      Veritas trollis.

      Nevertheless, yeah, no one should care. It's not like free software needs hardware manufacturers to release their code. We're all very happy pointlessly reverse engineering every chip set available.

    15. Re:I'm curious. by BiggerIsBetter · · Score: 1

      Open Firmware does something along these lines with Forth compiled into P-Code. The P-Code lives in ROM on the device in question, and is loaded by the BIOS at boot time. Seems to work well enough at a basic level.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    16. Re:I'm curious. by Anonymous Coward · · Score: 0
      I'd imagine the 8180 driver only works on 32-bit x86. Now, for the majority of people, this isn't a problem...

      Actually, you're too optimistic.

      The 8180 driver only works if you have the right version of the kernel (Red Hat 2.4.20-8) configured with the right options (CONFIG_3GB or CONFIG_1GB, don't remember which one) and the right radio chip (driver version 1.5 won't work with one called CGT) and luck.

      I'm sure fixing most of these problems would be easy with access to the source.

    17. Re:I'm curious. by Anonymous Coward · · Score: 0

      I had no problem getting nvidia's driver to work with kernel 2.6 on SuSE 9 and was then able to play Unreal Tournament 2004 demo just fine under that setup.

    18. Re:I'm curious. by Yehtmae · · Score: 0

      Uhhhmmm... Buy a new card maybe? My time is more valuable than the cost. But then I'm just a selfish git. :)

    19. Re:I'm curious. by MrDelSarto · · Score: 1
      That's why you put your drivers in userspace! The only disadvantage of doing this is that you are making it exponentially eaiser for distributers to ship binary drivers, but the advantages you get include isolation, language independance (imagine an IDE driver in python), and simple forward compatability.

      See this lwn artice for one approach that is currently working quite well (self interest note; I'm involved in the project).

    20. Re:I'm curious. by BlueUnderwear · · Score: 1
      Try getting their newest SuSE update (XFree86-server-4.3.0.1-46.i586.rpm). Then try to work with it a couple of hours (or, as observed in one case: just let the server sit there for a couple of hours...). ===> Eventually the server freezes!

      Oddly enough, previous releases of their X server showed just the opposite behaviour: they froze if you didn't use the NVidia driver!

      --
      Say no to software patents.
    21. Re:I'm curious. by WiPEOUT · · Score: 1

      Someone who can afford an Athlon64 notebook won't be using DodgyTek, I mean, RealTek hardware.

    22. Re:I'm curious. by Fulcrum+of+Evil · · Score: 0

      yea but you know that drivers are the primary reason windows is unstable right?

      So what do you propose we do, run without any drivers?

      Thats why Win2k/WinXp/etc like signed drivers. Being signed means they've been throught MS's tests

      You can still fake that stuff out if you want to. It's nice, but the only way to be sure is not to buy from people that make crappy drivers.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    23. Re:I'm curious. by krunk7 · · Score: 1

      The amazing thing is that you can even do a major kernel upgrade at all and still have most of your drivers/system still running fine. If you relate kernel upgrades to their proprietary equivalent (i.e. an operating system upgrade). You'd see that your complaint is specious. No one in a million years, even close to their right mind would get peeved at his windows 98 drivers not working in Windows XP, but you take a 6 year old linux kernel (2.2) whose modules won't compile against the current and this is indicative of retardedness? Please.

    24. Re:I'm curious. by 110010001000 · · Score: 1

      "Some chinese kid who makes 8$ a month banging out drivers for generic wifi card #23 isn't producing quality code"

      How about stopping the racism here?

    25. Re:I'm curious. by dsanfte · · Score: 1

      In China, people are paid a pittance to do things, often menial things. That's not racism, that's a fact.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    26. Re:I'm curious. by Anonymous Coward · · Score: 0

      Fuck-n-a-right! I'm pretty sure my Linkys card has the realtek 8180 chipset and you're exactly right. That binary driver is flaky as hell. It won't work on kernels above 2.4.21:(. It crashes on me when I take down the driver. Dmesg reports that it's crashing in the private part(the binary .o file) that is compiled in with the open source code. Linuxquestions.org has a 50 page thread on this chipset. I'm the furthest you can get from an open source zealot but for christ's sake these issues would have been resolved a long time ago if they would just make it completely open source. In the long run they get bad publicity when they put out buggy closed source drivers. Drivers are usually simple bits of code and the source code parts of the driver is actually pretty cleanly written. Just open up that godamn private part now and then distos and others can set it up to use the normal linux wireless tools.

    27. Re:I'm curious. by tiger99 · · Score: 1
      It matters very much. IANAL, but there is a danger that if laws, contracts, agreements, kicences, etc are not applied, it will become impossible in some countries to enforce them in the future.

      In the UK we have public rights of way in the countryside. The law differs between Scotland and England/Wales, but in general if these rights of way are not used by someone within a certain time period, the landowner can claim them as private again. It is a fair system, that which is absolutely never used should not be retained in the public domain. The rights of way are guarded by the Ramblers Associstion, who many years ago (before my time) were branded as communists for a mass protest, a battle which resulted in the fairly sensible arrangements we have now. But, if they had not done that, access to the countryside would now be greatly reduced, and many useful footpaths would be gone for ever.

      Now, the FSF, and RMS in particular, are frequently branded as communists by the likes of Ballmer,because they dare to uphold the rights of the FOSS community. If they don't enforce their rights, at least occasionally, these rights may be lost.

      I think this sort of thing is a risk in countries which use the "common law" concept, which includes most of the Commonwealth including Australia. Don't know about the US, but not most of Europe. It can be a case of "use it or lose it", and although many rights would take generations to be lost, others may be gone quite quickly, at the discretion of the courts. So, it is very necessary to enforce the GPL fairly regularly.

      As to hacking around with the source, maybe no-one would, there is no way of knowing, unlike my example of the footpaths, where those who have on a special occasion exercised a right will document it in case of dispute. But, casual visitors may not be seen.

      As to why anyone would fail to make proper or full disclosure of source, and expect to get away with it, I don't know. The Big Boys like IBM play by the rules on this, so why can't lesser people?

    28. Re:I'm curious. by Frank+T.+Lofaro+Jr. · · Score: 1

      Windows also likes signed drivers because it helps prevent people from using custom drivers to circumvent DRM, e.g. Secure Audio Path.

      Ways to use a custom driver to circumvent DRM can be downright trivial, but the DMCA prohibits me from giving details, so you'll just have to take my word for it, or else give me a trillion dollars and safe passage to Jamaica.

      --
      Just because it CAN be done, doesn't mean it should!
    29. Re:I'm curious. by electronerd · · Score: 1

      Yes, I'll imagine an IDE driver in Python. Do you realize how crappy it would run? Hey, let's code the memory manager in Java! That'll make it run real good...

    30. Re:I'm curious. by 110010001000 · · Score: 1

      Racist! We all don't get paid a pittance. I make a good living. A lot of Americans get paid pittance to do menial things, pig.

    31. Re:I'm curious. by dsanfte · · Score: 1

      Who says I'm american? I'm not. But if you really want to hate someone, you'll find any excuse. Hate away.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    32. Re:I'm curious. by lazybeam · · Score: 1

      I personally own 5 (and recommended others buy them so that theres about 40 of them in this city I know about) of these units and they are very good, if a little buggy in some parts.

      (Curses for the one day I don't check /. and something interesting comes along - although I already found out this news directly from the minitar forums)

      --
      --
      no sig for you. come back one year.
    33. Re:I'm curious. by 110010001000 · · Score: 1

      You are obviously white male from your attitude.

    34. Re:I'm curious. by Anonymous Coward · · Score: 0

      I really hope the hypocracy of that last post isn't lost on anyone.

    35. Re:I'm curious. by Monkelectric · · Score: 1
      ehh fuck you you fucking chink, thats racsim.

      "Some chinese kid who makes 8$ a month banging out drivers for generic wifi card #23 isn't producing quality code"
      Thats just a fact.

      --

      Religion is a gateway psychosis. -- Dave Foley

  2. Not exactly "complete" by mcbridematt · · Score: 5, Informative

    Before I kick myself in the arse over my usage of "full" in this story, there ain't any wireless code in there. It appears to be for the purpose of getting Linux to run on the damn thing. (Imagine a Beowulf cluster of these AUS $100 things blah blah..)

    The RTl8181 driver for Linux has been a seperate binary driver for some time :(

    1. Re:Not exactly "complete" by hal9k · · Score: 2, Funny

      You're a fucking karma whore. Whore.

    2. Re:Not exactly "complete" by mcbridematt · · Score: 0, Offtopic

      note to self: Why do I always bugger up when I submit a story to Slashdot? (last time, when I submitted the Jazilla Milestone 1 story, I used incorrect English).

      Now, shut up before my Realtek cards (4 in all) turn on me...

    3. Re:Not exactly "complete" by Marlor · · Score: 4, Interesting

      The RTl8181 driver for Linux has been a seperate binary driver for some time

      What's worse, is that (if the linked forum posts are to believed) the RTl8181 driver is not actually a kernel module. It is linked directly into the kernel, and relies on some modified core kernel files (mm.o kernel.o mm.o fpu_emulator.o).

      The source for the modified files, and the driver itself, have not been released. This looks like a violation of the GPL to me, as these files are linked directly into the kernel.

      One of the posters in the forum has promised to take this up with the FSF and Realtek, and it would be interesting to see what the results are.

    4. Re:Not exactly "complete" by Anonymous Coward · · Score: 0

      I use the Mintar card on my system (that and the Billion ASDL wireless router/modem). It is actually easier to instal under linux than using the windows setup (if only because you do not have to take the pci card out when you reinstall the o/s!), and the relase of the new version hipefully means that porting to 2.6 kernal would be easier.

      Has the driver been used under 2.6? Is there any issues involved?

      Once agin Slashdot to the rescue!

      Darryl (voradms at hotmail dot com)

    5. Re:Not exactly "complete" by kubrick · · Score: 1

      What's worse, is that (if the linked forum posts are to believed) the RTl8181 driver is not actually a kernel module. It is linked directly into the kernel, and relies on some modified core kernel files (mm.o kernel.o mm.o fpu_emulator.o).

      The source for the modified files, and the driver itself, have not been released. This looks like a violation of the GPL to me, as these files are linked directly into the kernel.


      I'm not sure what the actual circumstances are, but I think the separate binary driver does not violate the GPL *if it is compiled into the kernel by the end user*. Distributing the resulting kernel binary without source to the driver (and, of course, the rest of the kernel :) is a violation, however.

      Including binary-only drivers in products is a bad idea, of course, as Minitar and Realtek are surely finding out.

      --
      deus does not exist but if he does
    6. Re:Not exactly "complete" by benjamindees · · Score: 4, Insightful
      This thread on KernelTrap is the best discussion I have come across so far wrt GPL/binary/static/module issues like the ones in this case.

      Here's some snippets:

      Kendall Bennett:
      I have heard many people reference the fact that the although the Linux
      Kernel is under the GNU GPL license, that the code is licensed with an
      exception clause that says binary loadable modules do not have to be
      under the GPL.

      Linus:
      Nope. No such exception exists. ...

      Basically:
      - anything that was written with Linux in mind (whether it then _also_
      works on other operating systems or not) is clearly partially a derived
      work.
      - anything that has knowledge of and plays with fundamental internal
      Linux behaviour is clearly a derived work. If you need to muck around
      with core code, you're derived, no question about it.

      Zwane Mwaikambo:
      What about software which utilises Linux specific kernel services, such as
      say some cd writing software?

      Erik Andersen:

      An ordinary program that uses normal system calls?

      linux/COPYING says: This copyright does *not* cover user programs
      that use kernel services by normal system calls - this is merely
      considered normal use of the kernel, and does *not* fall under
      the heading of "derived work".

      Larry Mcvoy:
      Yeah, and the GPL specificly invalidates that statement. We're on thin
      ice here. Linus is making up the rules, which is cool (since I tend to
      like his rules) but the reality is that the GPL doesn't allow you to
      extend the GPL. It's the GPL or nothing. ...

      But given that, neither Linus (nor any of you) get to say "well, that's fine
      for userland but drivers are derived works".

      I've said this over and over and I'll say it again. If you want the
      protection of the law you have to live with the law's rules. You DO
      NOT get to say "user programs are a boundary across which the GPL does
      not apply but drivers are a boundary across which the GPL does apply".
      It doesn't, and can't, work that way. Either userland is GPL and drivers
      are GPL or neither are GPLed. Take your pick.
      --
      "I assumed blithely that there were no elves out there in the darkness"
    7. Re:Not exactly "complete" by Arker · · Score: 4, Interesting

      Interesting that you chose your selections to give McVoy the last word. He's not exactly an authority on the GPL, or even someone with a neutral position on it historically. Linus answered him quite well:

      From: Linus Torvalds [email blocked]
      Subject: Re: Linux GPL and binary module exception clause?
      Date: Thu, 4 Dec 2003 17:58:18 -0800 (PST)

      On Thu, 4 Dec 2003, Larry McVoy wrote:
      > >
      > > linux/COPYING says: This copyright does *not* cover user programs
      > > that use kernel services by normal system calls - this is merely
      > > considered normal use of the kernel, and does *not* fall under
      > > the heading of "derived work".
      >
      > Yeah, and the GPL specificly invalidates that statement. We're on thin
      > ice here. Linus is making up the rules, which is cool (since I tend to
      > like his rules) but the reality is that the GPL doesn't allow you to
      > extend the GPL. It's the GPL or nothing.

      Larry, you are wrong.

      The license _IS_ the GPL. There's no issue about that. The GPL rules apply
      100%.

      But a license only covers what it _can_ cover - derived works. The fact
      that Linux is under the GPL simply _cannot_matter_ to a user program, if
      the author can show that the user program is not a derived work.

      And the linux/COPYING addition is not an addition to the license itself
      (indeed, it cannot be, since the GPL itself is a copyrighted work, and so
      by copyright law you aren't allowed to just take it and change it).

      No, the note at the top of the copying file is something totally
      different: it's basically a statement to the effect that the copyright
      holder recognizes that there are limits to a derived work, and spells out
      one such limit that he would never contest in court.

      See? It's neither a license nor a contract, but it actually does have
      legal meaning: look up the legal meaning of "estoppel" (google "define:"
      is qutie good). Trust me, it's got _tons_ of legal precedent.

      Linus
      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    8. Re:Not exactly "complete" by kfg · · Score: 1

      Indeed. I don't get Larry's issue at all. Linus isn't "making anything up." He's simply defining derived work. Making the distinction between using the code and modifying the code.

      Simply running a program that makes system calls doesn't modify the kernel code, and well, modifying the kernel code does.

      Under the former case you can release propriatary code, and under the later you are bound by the license terms of the code you are modifying, which you otherwise obtained "for free."

      If you wanna dance you have to pay the piper. Some pipers demand cash, some will work for for food and drink. In either case they are both legally binding forms of payment fully supported by contract law.

      But everybody, while the piper is playing, still gets to dance.

      KFG

    9. Re:Not exactly "complete" by fuzzy12345 · · Score: 1
      I love how Linus's word is taken as revealed truth, even on legal matters. He's a good coder, but I wouldn't want him drafting my will.

      Two points on the above:

      Just try getting a court to enforce copyright on the text of a contract; you'll get laughed out of the room. Lawyers steal clauses from each others' contracts all the time, and it is accepted practice in the legal community.

      Estoppel can be used as a shield (i.e. to prevent another party from harming you) but not as a sword. It would take a very good lawyer, and possibly a sleepy judge, to use estoppel in the manner that Linus suggests above.

      --

      Everybody's a libertarian 'till their neighbour's becomes a crack house.
    10. Re:Not exactly "complete" by jbert · · Score: 3, Informative

      The comment from Linus isn't about using estoppel as a sword.

      LT notes that his comments in COPYING allow *someone else* to know that they have the shield of estoppel on this matter.

      i.e. he is saying that he isn't modifying the GPL per se, but anyone with a lawyer would be able to read the comments in the COPYING file and have confidence that they could link+distribute their non-derived works (binary modules) with the kernel (since they could have a reasonable expectation of estoppel).

      There are some good threads (no links, too lazy) on this in the LKML archives. In particular, Linus's views on what constitutes a derived work I found interesting.

      re: lawyers copying copyrighted contracts, the fact that an act is commonplace doesn't make it legal. (It may be legal for other reasons, e.g. fair use, but I don't think your point stands). Witness speeding (in the UK) and sharing MP3s. Whether that makes it harder to get a prosecution, I wouldn't know.

    11. Re:Not exactly "complete" by benjamindees · · Score: 2, Interesting

      Okay, I get to play 'Devil's Advocate' here for Mr. McVoy. That's okay, I'm not too shabby at it :)

      First of all, *read* the entire (linked) thread. It doesn't have to do with this case specifically, just these issues generally. I just picked some juicy pieces.

      If you read Linus' *entire* post (which I didn't quote) you'll see that he makes no distinction between "modifying the kernel" and not. His distinction in the thread is, as I quoted, that "derived" works are those which show some knowledge of kernel internals *or* interfaces which are specific to Linux, regardless of whether they are *in* the kernel or outside of it. Depending upon who you believe (and on what day), the line between "in" the kernel and "out" lies somewhere between statically-linked drivers and end-user programs that utilize kernel function-calls.

      The problem is, Linus also says that user-space programs cannot possibly be considered derived, even though some (like the example above) clearly were written with Linux in mind.

      Larry is just pointing out that this is somewhat of an inconsistent interpretation.

      Now, that's not to say that there is anything *preventing* Linus from taking this interpretation and putting it into action. In fact, as the gp shows, Linus does clearly explain the legal methods he is using to achieve his desired results and the level(s) of protection that they assure to anyone wanting to license Linux for uses such as these. They range anywhere from 'technically, you have no protection if a work can be considered derived' to 'I have said before that X is acceptable so estoppel should prevent me from changing my mind at a later date'.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    12. Re:Not exactly "complete" by fuzzy12345 · · Score: 1
      On further reading, I'm not sure what Linus meant by estoppel. Not that it matters much to me, because he isn't a lawyer.

      As for having confidence from a lawyer's opinion, if a lawyer sees two separate documents (files) purporting to grant rights, written by different people in different styles at different times, and one of them (the GPL) has something similar to an "entire agreement" clause (4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License.) then the lawyer's gonna say "you're on shaky legal ground."

      I've read the LKML stuff, and Linus's views on derived works, but it is pretty much all speculation by amateurs.

      Commonplace doesn't make legal, agreed. But I maintain that you won't find a judge (i.e. ex-lawyer) who'll enforce copyright on contract draftings, except perhaps in the most egregious case of, say, someone buying a legal forms kit (do your own will, real-estate agreement, divorce kits, etc.), photocopying and reselling it.

      --

      Everybody's a libertarian 'till their neighbour's becomes a crack house.
    13. Re:Not exactly "complete" by Anonymous Coward · · Score: 0

      And some pipers will laugh all the way to the bank while lame social cripples whine about some legalistic bullshit that is completely untested, and never will be - because unwashed bedroom-dwelling nerds will never have the balls to take on a company that has it together to actually ship a product.

      Oh please, keep arguing about what is right and what isn't and who gets to suck Linus' dick today, Realtek et al will happily keep on raking in the bucks, assisted by those stupid enough to work for them (indirectly of course) and weak enough not to be able to do anything about it.

      If you weren't so predictable you'd all be a good laugh. As is you're just pitiful. Are you happy, Australian virgins, that you finally got to play lawyers like your equally offensive American peers? Admit it - inspiring flames is all you're good for.

    14. Re:Not exactly "complete" by kfg · · Score: 1

      Ok, I've had a chance to read the the thread now.

      Larry has a point that the GPL is the GPL. Linus is not the authority on the GPL. I isn't even "his" license. The GPL is as the GPL is under law.

      But law is interpreted by judges.

      Linus is just acknowledging the fact that under existing legal inpterpretation user space programs are not going to be held to be derived works, that's black and white. Linking into the code is possibly a derived work, depending on the the origin of the code.

      There is a grey area. Under law. Not under Linus's interpretation of law or the GPL, per se.

      Only a judge can clarify this grey area, and only under a case by case basis.

      Linus cannot define what a judge may decide, but he can certainly define what he considers actionable and what he does not for any code which he is the licensing authority.

      So when he makes up rules as he goes along, what he's doing is setting up a situation under which, by estopple, he cannot sue you for breaching the GPL as a derived work as regards works under his control.

      This is perfectly reasonable and doesn't effect generic interpretation of the GPL at all.

      Larry seems to base his ideas of inconsistency on a concept that things are black and white. They are not. They are black at one end of the spectrum, white at the other, and fade into each other somewhere in the middle.

      In a corallary manner I tend to agree with David, as per your sig. Interpretations of quantum theory are, for the most part, silly, and go downhill from there into outright gibberish.

      On the other hand I'm willing to accept that the universe may, deep down, fundamentally operate on a level of probability, and is thus not entirely mechanistically knowable. I do not consider that mysticism. It may simply be reality.

      KFG

    15. Re:Not exactly "complete" by vidarh · · Score: 2, Informative
      What Linus apparently meant by estoppel is simple: Linus has publicly stated his view on derivative works etc. and the Linux kernel, and referenced the license. More specifically he has attached a short notice in the same file as the license itself. People have contributed to Linux on this basis.

      Now, if Linus turned around and tried to sue for copyright infringement because someone had relied on his statements regarding his intent with regards to choice of license, they would use estoppel as an argument in court: Linus can't sue someone for violating his rights when it is well documented that he has repeatedly made representations as to what rights he intended to secure by placing Linux under GPL.

      If not, Linus could have have issued Linux under a license that just says "all rights reserved, no copying and distribution allowed" and go around and say "I don't _really_ mean that, as long as you abide by the GPL" and then start suing people once they start trusting him and distribute the software despite the license.

      Since Linus has made his view on derivative works clear in the COPYING file, and it's well documented, a lawyer might decide that that is more than sufficient for you to rely on despite not being part of the license itself.

    16. Re:Not exactly "complete" by eraserewind · · Score: 3, Interesting

      I think (in my non-lawyerish way) that Linus is wrong about what a judge will consider a derived work.

      For userland programs all of which dynamically use the kernel he has said that he (as the copyright holder) won't find them actionable. (even if some GPL interpreters might disagree). I agree that they are not actionable, but not just because he thinks so. I think that even if he thought they were actionable, any judge would rule against him. Otherwise the entire software industry would have no legal basis, and clearly it does. Dynamic loading or plugins just leaves a library shaped hole in your program. It could be filled by any library that matches the shape of the hole.

      For dynamically loadable kernel modules or drivers he thinks they are actionable. For the same reasons as in userland above I think that just because he believes they are actionable, doesn't make it so. I think that no judge will agree with him.

      For dynamically loadable kernel modules or drivers that use inline (i.e. copyable) kernel functions he believes they are actionable. I think there is a 50:50 chance that a judge will agree with him. I think there is also a chance that the judge will consider that since the inline functions form a part of the interface, that using them is fair-use, and rule against him.

      For statically linked kernel modules he thinks they are actionable. I agree, if the module and kernel are distributed together. If the author just provides the statically linked module as some kind of patch, separate from the kernel, then it is not the module author that has created a derived work, but the user who installs it, and that is fine with the GPL.

      I think his assertion that if you are "thinking of linux" when writing your module or driver, it becomes a derived work of his, is somewhat crazy.

      But that's just my opinion. Linus has his, and so does everyone here probably. I'm sure that a lawyer would advise differently again. Personally I would love to see a GPL violation go to trial, for each of the cases above. Just to see what would happen. It would be interesting.

    17. Re:Not exactly "complete" by Hubert_Shrump · · Score: 1

      you're a troll, TROLL!

      now get in there, private!

      --
      Keep your packets off my GNU/Girlfriend!
    18. Re:Not exactly "complete" by KagatoLNX · · Score: 2, Informative

      > Otherwise the entire software industry would
      > have no legal basis, and clearly it does.
      That sounds like a fairly large assumption to me. Never assume that any business entity has a legal basis for anything. Despite appearances (and statements) to the contrary, most businesses consult lawyers "in post". A large amount of software licensing has been developed that way.

      Secondly, it all comes down to the definition of a derived work.

      The kernel (wrt userspace) is not a library. It also does not implement anything unique--POSIX specifies the core of what most programs interact with. User code is clearly not a derived work because they are not diminished by the removal of the kernel.

      Drivers are another story. At some point a driver interfaces with the kernel in a very real way. I would remind you that writing a driver for the kernel ties into a number of locking functions and interfaces that are Linux-specific in the extreme.

      These drivers *ARE* diminished by the removal of the kernel. In fact, they are so incomplete without it that they are incapable of functioning. Thus, removal of the kernel causes them to no longer be a complete work. That is a natural consequence of (and evidence that) these drivers are a derived work.

      In addition, if you look up Linus's "estoppel" reference, you'll see that by stating that he will not pursue userspace in court, anyone has grounds to bind him to the public statement if he ever changes his mind.

      Thus, userspace is protected legally by the nature of a derived work and the precedent of estoppel.

      Drivers, on the other hand, are clearly a derived work (they're useless without the kernel).

      Driver writers who wrote "kernel independent" drivers might have a chance, but the ice is pretty thin. The qLogic ISP1040 driver for Linux / some BSDs comes to mind. Still, at a few very real points, there are some points that are clearly tight integration with Linux.

      Linus really doesn't care much about any of that. He made his choice simply on merits. Binary drivers are less stable. Anyone who has ever had to maintain a driver in Linux (or NT for that matter) will tell you that there are things that cannot be specified in an interface. Not the least of which is some of the spinlocking stuff. A number of things the kernel does, it does with macros that inlined into your code. If you build a binary driver and those change, your code does it different than everyone else (usually crashing things). Spinlocks and SMP are a good example. I can't think of any examples of a Linux binary driver that really works well across kernel versions AND SMP. I can think of an NT video driver, but the first three versions were buggy and the current one mysteriously has 70% of the UP on the benchmarks.

      However, IWIWALBIN (I wish I was a lawyer but I'm not) so I guess we'll have to wait and see.

      --
      I think Mauve has the most RAM. --PHB (Dilbert Comic)
    19. Re:Not exactly "complete" by spitzak · · Score: 1

      Larry is wrong. As copyright holder you can say anything you want. Linus could have said that programs that start with the letter 'a' are derived from Linux and must be released under the GPL, but all others are not derived.

    20. Re:Not exactly "complete" by Anonymous Coward · · Score: 0

      I said I was sorry :(

  3. Running ad-hoc routing protocols on accesspoints.. by cibus · · Score: 3, Informative

    ...is kindof a cool thing one can do if able to update the flash memory on accesspoints.
    Check out http://reseaucitoyen.be/index.php?OpenWrt (french) which is a project to run a olsr implementation (www.olsr.org) in a LinkSys-Wrt54G which also runs Linux.

  4. I'm curious.-Binary bottle. by Anonymous Coward · · Score: 0, Troll

    "Yes, I know that there already is a binary driver for the 8180, but it is very flaky, and rather picky about the kernels and distributions it agrees to work with... (as binary drivers usually are, alas!)"

    And yet this is the future people want Linux to have.

  5. Picking your battles by fuzzy12345 · · Score: 4, Interesting
    Don't get me wrong. I think that, under GPL, people are fully entitled to ask for the source for this thing.

    But big deal. The source is going to be 99.8% unchanged from the previously public version, and the 0.2% remaining is just going to be bootstrap code and code to work around bugs in the specific hardware, etc. Further, I bet nobody actually does anything interesting with it now that they've got the source. After all, the HW's only good for one thing, and it already does it.

    Suing every commodity router builder that comes down the pike with a product like this, which has essentially zero software value added in it, is just going to make some manufacturers squeamish about using Linux inside. And I want them to use Linux, because I, as a consumer, would rather have that than the lower quality, higher cost alternatives that exist.

    Looking at it another way, if the OSS community sues over these dinky issues, where they get no great new software to show for it, they'll lose out on luring some big fish to use OSS plus their own super-duper-multimedia-software, which the community could then sue for and actually get something out of it.

    P.S. For those that say "but we might get a driver for the buggy chipset that we've only got a buggy closed source driver for now" - will you listen to yourselves? Support another chipset vendor, you twits!

    --

    Everybody's a libertarian 'till their neighbour's becomes a crack house.
    1. Re:Picking your battles by kundor · · Score: 3, Insightful
      If gpl violations are only pursued when they seem to be "important," companies would see that as a go-ahead to use gpl'd code willy-nilly in commercial apps, and only cough up source if they get called on it.

      That would completely defeat the purpose of what the gpl is supposed to accomplish.

    2. Re:Picking your battles by Anonymous Coward · · Score: 3, Insightful

      when it comes to copyright you cannot allow people to break it.

      you have to make an attempt to enforce it .

      why do you think the RIAA does it, ( well i think they like being assholes too )

      a copyright that is not enforced, will eventually be unenforcable.

      that is important. because if you allow people to break it, then you decide to enforce it against something, the claim can be made of unequal enforcement (and in copyright, that matters unlike in patents.

      not to mention the OSS community is not doing anything. the license holders are. the OSS community is just a group of people that have similar interests, they are not an entity.

      they cannot sue someone, but the individual project can.
      and they are the ones that decide.

      so the kernel may be an important project in the OSS community, it is not the communities.

    3. Re:Picking your battles by Vellmont · · Score: 2


      P.S. For those that say "but we might get a driver for the buggy chipset that we've only got a buggy closed source driver for now" - will you listen to yourselves? Support another chipset vendor, you twits!


      Buggy open source drivers can be fixed or re-written from scratch. Buggy closed source drivers can't. As far as supporting another chipset vendor, who's selling an inexpensive AP with all the hardware necessary to run linux, and an open source radio driver? No one AFAIK.

      Is the problem here that RealTek didn't distribute the driver as a binary module? If that's the only issue I'd tend to agree that the effect is fairly minor, though I still think RealTek should get bonked on the head for breaking copyright. Realtek should have known better, as it's fairly clear that that's a violation of the GPL.

      --
      AccountKiller
    4. Re:Picking your battles by Wuukie · · Score: 1

      Interesting post. But how would you choose then who has to show sources? Is it fair to demand others to show their source codes and leave others be?

      It's kinda hard to draw the line. I think the GPL should be enforced just to make sure it is respected.

    5. Re:Picking your battles by Hast · · Score: 3, Informative

      No, that is trademarks.

    6. Re:Picking your battles by putaro · · Score: 4, Insightful

      Manufacturers like RealTek are looking for a free ride. They take the work of other people without compensating them in the way that they ask - in this case to distribute the changes made to their code so that they can learn and modify. If the Linux developers asked for cash in return for using their code would you say they should not worry about it? A deal's a deal. RealTek can BUY an OS if they want to keep their changes proprietary or they could use a differently licensed free OS, like BSD. No one is forcing them to use GPL'd code.

      Are you a contributor to the Linux code base? If not, then your wishes as a CONSUMER of other people's work don't really count for a lot.

    7. Re:Picking your battles by Anonymous Coward · · Score: 0

      The original poster said "a copyright that is not enforced, will eventually be unenforcable."

      He was not meaning "under law, your copyrights become unenforcable", as you jumped in to correct him.

      What he is insightfully noting is that if you don't pursue your copyrights, it becomes morally very difficult to pursue -- people get the wrong idea that you wanted your GPL code to be used, and you didn't mind their GPL-violating ways because you didn't contact them. People need to be educated about the GPL bargain. If not, there's a big problem! It becomes legally difficult in that you have to sue each and every infringer, you can't just say "hey guys, respect the GPL" and they'll all fall in line. If there are too many infringers, you can't afford to sue them all into compliance. That's what he meant by "unenforceable copyrights". You're legally in the right, but there's nothing you can afford to do to correct it.

      See also "lamers who rip off your music/source/website and pass it off as their own". Enforcing your legal rights costs you money.

    8. Re:Picking your battles by black+mariah · · Score: 1

      Morals have fuckall to do with software and copyrights. As a copyright holder you have every right to say "I will let these infringements pass since they're small businesses that don't make many, if any, alterations to my code. I will, however, put pressure on this larger company to ensure that what improvements they make, and they are significant, are properly released."

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    9. Re:Picking your battles by putaro · · Score: 1

      We're not talking about using, we're talking about OWNERSHIP rights. People who don't own things don't get to make policy for the people who do.

      People with your attitude and language should go pay their money to Microsoft and cuss out their techs (who at least get paid to listen to your whining. If you want things for free you can at least be CIVIL.

    10. Re:Picking your battles by Rogerborg · · Score: 1, Funny

      I would like to personally invite you and everyone that agrees with your last statement to choke on my scaly nerd pecker. I'm not a fucking host for other people's parasitism, I'm a DEVELOPER. Software is about DEVELOPERS. What is the point of making software if none of the lusers give you anything back? Other than mental masturbation and a virtual handjob from other geeks for a job well done, there aren't any. No, I'm not a luser. If I parasited from anything, I would add nothing. I can't kludge together a powerpoint presentation. Instead, I just write the software. When I run into problems I do my damndest to fix them in the hope of reaping what I sow. Jackasses like you are a large part of the reason I haven't bothered getting any of my non-techie friends into Linux.

      --
      If you were blocking sigs, you wouldn't have to read this.
    11. Re:Picking your battles by black+mariah · · Score: 1

      Nice try, but you could have at least changed the last sentence so it made some more sense. Nice effort. Loved the use of parasitism.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    12. Re:Picking your battles by black+mariah · · Score: 1

      My attitude? You mean one of "The user is just as important as the developer, because without one you have no use for the other"? Yeah, that's a bad attitude to have. Horrible. It might lead to software becoming user friendly, and that's apparently not something the geek brethren can stand. Whatever.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    13. Re:Picking your battles by firstnevyn · · Score: 3, Interesting

      Actually the source for this ap is extremely usefull..

      For people building wide area networks like melbourne wireless

      For the record there are extremely significant changes between the kernel source for this chipset and the standard 2.4.18 source in particular it's a MIPS r3k LX cpu which linux dropped support for during the 2.2 series because of a lack of hardware in circulation

      With this source we can do all sorts of interesting things like put dynamic routing protocols on the device or turn them into ethernet attached wireless interfaces or any of lots of things.

    14. Re:Picking your battles by weileong · · Score: 1

      And I want them to use Linux, because I, as a consumer, would rather have that than the lower quality, higher cost alternatives that exist.

      But then you're not obliged to buy one of *every* device out there. You have the choice to just buy the ones that DO use Linux. The market pressure of people like you - assuming there is any superior value at all in having Linux, then the market pressure *will* develop - will alone be a reason for the manufacturers to use Linux instead of other "lower quality, higher cost alternatives".

      The point is that OSS... we're not "beggars" who have to whore ourselves out just so that such-and-such a manufacturer will deign to grace us with the priviledge of having our stuff run on their machines. They can come to us on our terms - since, after all, they are using OUR stuff that we put out with very explicit, clear, and precise intentions and principles - or we don't have to care. We can buy other products.

    15. Re:Picking your battles by vidarh · · Score: 2, Informative
      You are making the flawed assumption that all developers give a shit about having users except for themselves. Many developers write code because they want to get something done FOR THEMSELVES. They then decide to share the code because it might be of use to someone, and because they might get something back. It's up to them to decide what they want in return. For some, getting any modifications back is valuable because it might be useful for them in the future.

      In any case, they wrote the code, they get to set the priorities. If they don't care about people who use their code, that is their right. If they think it's more important for them that people release their modifications and play by the rules they set, then that is their right. You, as a user, have no other rights than what they granted you with the license.

      Sure, you can whine all you want that you aren't happy that the developers want to uphold the license THEY chose for a product THEY wrote, but it doesn't change the fact that if the developers purpose with releasing the software isn't to serve your need they are unlikely to care.

      You seem to live under the delusion that being a "user" makes you inherently valuable. Being a user makes you valuable to a developer only to the extent the developers goal is to build a large userbase, or to the extent you provide useful feedback (depending on the developers definition of whats useful to him/her). For many projects that makes users valuable. Many projects DO want to reach out to as many as possible. But for many, users that are not also developers and contributors have little or no value.

      You bring up being "user friendly" implying that "user friendly" means "usable to people that aren't developers" while people that aren't developers might not be part of the developers wanted user base. Do you complain that your mom find "vi" too difficult? Do I complain that I find "vi" too difficult? Well, perhaps sometimes, but mostly I just use something else.

    16. Re:Picking your battles by bernywork · · Score: 2, Insightful

      My $0.02

      Regarding your point of features, there was a firmware modification for the Linksys WRT54G router (A Google search comes up with a ton of results if you start searching for VPN WRT54G linux firmware). This seems to have a reasonable development community now the code is open source.

      Lawsuits: I can't exactly chime up and say that I have written large amounts of GPL code, or anything like that. I can only say though, that I am working on a project at the moment, that I will open source shortly. At that point I hope it is more of a contribution. When I think about that, and think if somebody took off with it and rebadged it and sold it as a commmercial binary product, and didn't release the changes that they made, or give me credit for what they did; I would be pissed.

      If they continued on with my development, contributed, and became part of the community I want to build, then I would be very thankful.

      Bringing this back to the issue at hand however says to me, that they don't want to be a part of the community, and if this is the case, then they shouldn't have taken off with our code.

      If they don't like the GPL and what it stands for; they can go out and write their own kernel, take off with BSD, whatever. But they shouldn't be taking off with code that isn't theirs.

      As far as I am concerned, (although I don't want to be SCO, or a Microsoft or an IBM for that matter) I say we take them to the cleaners, just to make the message clear "This is our code. You are more then welcome to it, you just have to play by the rules. They aren't difficult or painful, you just have to be open about what you do"

      Finally a little support for your comment of:

      "Support another chipset vendor, you twits! "
      This one I will definately harp in on and say do it. If they don't want to play, then ditch them. Secondly, in personal experience I haven't had a lot of luck with RealTek chipsets before, they have pretty crap throughput and certainly aren't as good as Intel (Old style 82557 style chips) or the 3Com (Etherlink XL? PCI 10/100) cards.

      If we could however get a hack for these boards to use something decent and include that in the kernel that we are compiling for these units, why the hell not. Intel have open sourced their code under the GPL, why not get a good Intel Pro100S chip and start doing IPSEC handoff to the chips for VPN? (Just a guess, but something to think about if we have the real code)

      Berny

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    17. Re:Picking your battles by Anonymous Coward · · Score: 0

      Development on closed platforms costs millions (Tornado/VxWorks, QNX) more so they save money by using linux in the first place at least they should adhere to it's rules.

    18. Re:Picking your battles by Anonymous Coward · · Score: 0

      It's copyright, too. If you don't defend your copyright when violated, your works can be deemed to have entered the "public domain".

    19. Re:Picking your battles by flossie · · Score: 1
      how would you choose then who has to show sources?

      The GPL makes it very, very clear who must make the source code available - whoever distributes the binary. Thus, if one cannot supply the source code to a binary driver which is a derivative of GPL'd work, one is not entitled to distribute the driver at all. Targetting the supplier at the end of the chain should have knock-on effects all the way up the chain. If vendors cannot legally supply drivers which infringe upon the GPL, they may be inclined to spend their money buying from companies that do respect its terms.

    20. Re:Picking your battles by Rogerborg · · Score: 1

      The last sentence makes perfect sense. We both agree that you're too lazy and incompetent to use Linux.

      --
      If you were blocking sigs, you wouldn't have to read this.
    21. Re:Picking your battles by black+mariah · · Score: 1

      So despite nearly two years of daily usage, numerous bug reports, and generally just being helpful to anyone I can with my admittedly limited skills, I'm too lazy and incompetent to use Linux? Nice attitude.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    22. Re:Picking your battles by black+mariah · · Score: 1

      Again, if your software has no users then what was the point of programming it in the first place? It is NOT a delusion that being a user makes me important. Far too many projects are held back because the developers don't bother listening to users, and assume that since they're the developers they know best. This is bullshit, and you know it as well as I do.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    23. Re:Picking your battles by Wuukie · · Score: 1

      Exactly. Well said.

    24. Re:Picking your battles by speck · · Score: 1

      there was a firmware modification for the Linksys WRT54G router. [...] This seems to have a reasonable development community now the code is open source.

      If only it were that simple! Linksys actually did a very similar thing to RealTek in that they didn't release source to their binary drivers (although they took the more-palatble-to-Linus route of releasing the binary drivers as a kernel module, at least). They also released source code with tons of comments to the effect that this was unpublished, proprietary code which was explicitly prohibited from being reproduced - this was not kernel source but additional things needed to run the router, such as the init code and web configuration interface.

      This has led to (at least in my mind) a lingering cloud of uncertainty over all of the open-source forks, which so far are all based on the result of linking binary-only modules and proprietary source code. Meanwhile one prominent developer has endured a bitter GPL flame war and has moved to a subscription-based model for his version.

    25. Re:Picking your battles by Rogerborg · · Score: 1

      Yes, that's a fair summary. Users are scum. You're maybe confusing me with one of those StarOffice guys getting paid by Sun.

      --
      If you were blocking sigs, you wouldn't have to read this.
    26. Re:Picking your battles by Anonymous Coward · · Score: 0
      How was that even remotely offtopic?

      crazy mods.

  6. One thing left... by Anonymous Coward · · Score: 0

    Now if we only could get the mplayer code for the KISS players too...

  7. they won't be getting my dollar by up+up+down+down+lrlr · · Score: 1, Interesting

    sorry to say, but any company that abuses the gpl isn't getting my hard-earned dollar, even if they are forced to cough up the code at some later point. i see what you're saying about the realteck, but i don't think that can justify buying one of these things from such a shady company

    1. Re:they won't be getting my dollar by ComaVN · · Score: 0, Flamebait

      Please tell me when your GNU/Jihad gets to the point that anyone actually cares.

      They gave you the source to their frikkin' product. What more do you want? The blueprints for the hardware?

      --
      Be wary of any facts that confirm your opinion.
    2. Re:they won't be getting my dollar by ArseneLupin · · Score: 0
      Please tell me when your GNU/Jihad gets to the point that anyone actually cares.

      Just wait until October 31st, hehe...

    3. Re:they won't be getting my dollar by Anonymous Coward · · Score: 0

      "their product"?

      They licensed the Linux kernel, and to stay in compliance with the license, they have to give back any modifications they make, including the driver they have added.

    4. Re:they won't be getting my dollar by ComaVN · · Score: 1

      including the driver they have added.

      Which is "their product", no?

      The point is, a company acknowledges the GPL, releases the source as it should, and then this sealot starts whining about them being a shady company. Come on, give me a break.

      --
      Be wary of any facts that confirm your opinion.
  8. For USians wanting one... by MsGeek · · Score: 4, Informative
    NewEgg's got it.

    Link to the product at NewEgg.

    --
    Knowledge is power. Knowledge shared is power multiplied.
  9. "under AUS $100" by Capt'n+Hector · · Score: 1
    If they use the rabbit-proof fenses as signal amplifiers, that's cheap enough to saturate the Australian outback with roaming wi-fi access.

    On a more serious note, that price IS low enough to paper an entire city. I'd like to see someone do it.

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
  10. Picking your [principles] by Anonymous Coward · · Score: 3, Insightful

    " Don't get me wrong. I think that, under GPL, people are fully entitled to ask for the source for this thing."

    Then why rant about it? Either they are, or they aren't. There's no middle ground.

    "But big deal. The source is going to be 99.8% unchanged from the previously public version, and the 0.2% remaining is just going to be bootstrap code and code to work around bugs in the specific hardware, etc. Further, I bet nobody actually does anything interesting with it now that they've got the source. After all, the HW's only good for one thing, and it already does it."

    Kind of hard to tell without the source code, now isn't it? Besides your "it already does it" applies as much to the big battles as does the small.

    "Suing every commodity router builder that comes down the pike with a product like this, which has essentially zero software value added in it, is just going to make some manufacturers squeamish about using Linux inside. And I want them to use Linux, because I, as a consumer, would rather have that than the lower quality, higher cost alternatives that exist."

    The reasons NOT to do something will always outnumber to reasons to. And I wouldn't call the firmware of "essentially zero software value" since in it's absence the hardware is of no value whatsoever.

    "Looking at it another way, if the OSS community sues over these dinky issues, where they get no great new software to show for it, they'll lose out on luring some big fish to use OSS plus their own super-duper-multimedia-software, which the community could then sue for and actually get something out of it."

    I wasn't aware that having control over you hardware was a "dinky" issue. Thanks for the heads up.

    "P.S. For those that say "but we might get a driver for the buggy chipset that we've only got a buggy closed source driver for now" - will you listen to yourselves? Support another chipset vendor, you twits!"
    "

    P.S.S. Running away from a problem will not only not solve that problem, it makes you weak when it comes to dealing with bigger problems.

    1. Re:Picking your [principles] by fuzzy12345 · · Score: 1, Troll
      Normally I wouldn't bother replying to an AC, but since you got modded up...

      You might not think of the firmware as of zero value, but that's the price of it, friend. It's "free" software. So unless you've got some oddball economic theory involving a hidden subsidy, we'll just go with the generally accepted price==value. Unless you think there's some secret high value code in what, externally, is (yawn) just another access point?

      Also, you didn't rebut my .sig! Spreading the .sig was the sole point of the post.

      --

      Everybody's a libertarian 'till their neighbour's becomes a crack house.
    2. Re:Picking your [principles] by Hast · · Score: 4, Insightful

      First of, the main reason to do it is because those are the rules. If a company doesn't want to release their (perhaps) minor additions to the source then they should use a different license. Typically something under BSD. If they can't be bothered to find software with the required license then they'll just have to develop on their own.

      They are making money on other peoples generousity, fuck that. They deserve the lawsuits.

      Second, when you say that there is no value in firware you are quite clearly not getting the point of OSS. (Besides, I don't know if I'd call an embedded OS firmware.) One of the mayor reasons why we have GPL in the first place is because Stallman got sick of having printers with poor software which he couldn't correct.

      Just because you don't have the imagination to change functionality of an accesspoint (perhaps turn it into a wireless information kiosk?) doesn't mean others can't. Just because there is free doesn't mean it's worthless.

      For Gods sakes man, one of the main ideas with OSS is that money isn't value.

      Damn, I've just been trolled.

    3. Re:Picking your [principles] by Rogerborg · · Score: 1

      "oddball economic theory"?

      What, like that value can be created depending on how you use cheap or free resources? Is an apple plucked from your own tree worhtless because it's free?

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:Picking your [principles] by vidarh · · Score: 1
      Is having breathable air of zero value to you? It costs nothing, so surely it must be, and you would have no objection if I removed all air surrounding you?

      Ok, so perhaps you mean price == monetary value.

      So does that mean that if I mistake a piece of glass for a diamond and offer it to you at $1, that the value is $1?

      Of course not. The price is OFTEN, but not always the perceived value of the one setting the price. It is OFTEN the case that the value is higher than the price for one party, which is why they want to buy something at that price, or that the value is lower than the price for another party, which is why they might want to sell something at that price.

      The value of the object to the seller when a transaction has been carried out could be said to be the same as the price, but that wasn't necessarily the case before a sale was certain.

      Similarly, something offered for free often has value. If my alternative is buying a commercial OS, or installing Linux, then all else being equal the monetary value of having access to Linux for me is at least equal to the savings I make by not having to buy something else.

      In this specific case, the "value" to me of having access to the firmware source may be significant. It might enable me to make customisations for which I might otherwise have to license SDK's and/or pay the manufacturer to make at high cost, and which could save me significant amounts of money.

      Now, the value of the object code is less likely to be high, unless I can reuse it somewhere else, but even that isn't impossible. The manufacturer could have gone out of business so I have nowhere to get the latest driver versions for my older products except by buying a card with the latest driver and extracting it. In that case, buying a card just for the driver might save me money by allowing me to upgrade drivers on multiple cards I have, and so the value of the firmware could still very well be significant even though the price of obtaining it was just the price of the card.

      Even disregarding all of this, if you do purchase the card, you do not "get the driver for free". It cost the manufacturer money to adapt the driver and place it on the card, and at least part of the value of the hardware derives from the availability of the driver. The price isn't zero - the price is part of the price of the card.

    5. Re:Picking your [principles] by Some+Bitch · · Score: 1
      Second, when you say that there is no value in firware you are quite clearly not getting the point of OSS.

      At this point rms would say, "I don't do open dource, I do free software". Open source is a brand, free software is the ideal.

  11. Re:Corporations and the GPL by LordArathres · · Score: 4, Insightful

    You are wrong on that part. So what if the code on your product is GPL'ed? You are still SELLING the HARDWARE, all you are doing is allowing people to modify it at will. This will in fact INCREASE your sales to the computer community as they can now roll out their own custom solutions and not be bogged down by the compiled software.

    The GPL is not a new idea, it's principle is based in history. People thoughout the centuries have written down their scientific breakthroughs, finds and other discoveries. They believed that by sharing what they found and developed would help the world. They are still credited with the finds, but now everyone has access to them. Why are computers so different? Because money and companies are involved. Stupid managers and officers all see, Propritary CODE MUST NOT SHARE, when in fact if they made good products, GPL'd the code they would make money.

    You see even though you GPL the code does not mean that your competitor can steal it, they too are bound by it and must make their changes public, which in turn helps you. WHOA!!! The GPL is a idea based on the sharing of knowledge for the benefit of the whole world.

    Later,

    Arathres

  12. Corporations and the GPL-Principle pain. by Anonymous Coward · · Score: 3, Insightful

    "This is a prime example of how the GPL is going to continue to hurt Linux. Going after a company like this for violating Linux's overly-restrictive license is not going to promote widespread corporate adoption - rather, it will push them towards proprietary solutions."

    You wish us to accept your premise? OK. accept this one then. Going after customers for violating overly restrictive EULA's (BSA) is going to hurt proprietary chances in the marketplace, and push customers towards OSS solutions.

    Now I leave it to you to match reality with the above.

  13. Re:Corporations and the GPL by bfree · · Score: 3, Insightful

    Eventually people will get the message and either build/buy propretary solutions or adhere to the licenses of the Free Software they choose. Someone should have known that putting a statically compiled in wireless driver into a commercial product means one of two things, yank as a mistake on sight and say sorry, or release the source. If you build a product on Free Software, you should understand what you are doing and if you are not planning on releasing everything you do you had better be real careful you don't contaminate what you want to "keep"! I see it as a good thing, as it reinforces the "community" element of Free Software and reassurres people who might put serious work into Free Software that it won't be hijacked by others who won't follow the rules (well don't know what would happen with GPL violations/violators in China, for example, at present).

    BTW I only want Linux to gain widespread acceptance if it is still Free, the video card market is where this battle is really being fought at present though with Daniel Stone's announcment that XFree86 has been forked (I submitted a first story to slashdot about this 9 days ago and it's still pending), not once but twice (by X.org and freedesktop.org) perhaps a shake-up is coming.

    --

    Never underestimate the dark side of the Source

  14. Re:Corporations and the GPL by absurdhero · · Score: 3, Insightful

    "and that's what Linux people want, right?" Contrary to what those companies would like you to believe, many of the "Linux people" just want an operating system that they can fiddle with and can modify freely. It isn't about acceptance, or profit, or popularity contests, or usability. If keeping software like this free in every instance isn't your priority, then go use one of the wonderful BSD licensed operating systems and stop telling everyone else what the purpose of the linux kernel is. Linux isn't about sacrificing the freedom Linus put his kernel under (along with every person who ever contributed to it) for some semblance of acceptance and self-esteem.

  15. I find your lack of faith disturbing. by DarthVaderBigO · · Score: 2, Funny
    Any attack against our hardware by the Rebels would be a useless gesture, no matter what technical data they've obtained. This router is now the ultimate power in the network. I suggest we use it!

    Don't be too proud of this technological terror you've constructed. The ability to block G4T0r spyware crap is insignificant next to the power of the Source.

    Don't try to frighten us with your coder's ways. Your sad devotion to that irrelevant OS has not helped you sell routers; we all know that Linux is a niche market

    I find your lack of faith disturbing.

    Remember, the open source will be with you, always

  16. Re:Corporations and the GPL by LCookie · · Score: 0

    Exactly... The GPL is way too "viral" to be taken seriously in a corporate environment.

  17. Re:Corporations and the GPL by BiggerIsBetter · · Score: 3, Insightful

    Rubbish. It's a prime example of how a corporation saw something for nothing, took it, and is renegging on the deal it engaged it. Few people, if any, in the Linux community got anything out of them using our work, but they got a complete operating system that would have otherwise cost them a shitload to develop or buy. You can bitch about the GPL being restrictive if you want, but all that's really being asked is to give as well as take. Except instead of just asking nicely, it's a legal requirement.

    I'm guessing your not a Linux user or contributor, judging by your last remark. Most of us don't give a toss about Linux widespread acceptance, we just want Linux to work better for us - if others like it too, then that's a bonus. We're certainly not doing it to make other companies wealthy on our backs with nothing in return, even if it is a token gesture in comparison.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  18. First Sale Doctrine and GPL by harlows_monkeys · · Score: 5, Interesting
    These kind of cases are going to get interesting, when the following happens.

    1. Company X makes the guts of one of these routers or access points. They modify GPL'ed software, and put it on ROM in the device.

    2. Company X sells these things to OEMs, who put it in boxes, add their applications in a separate ROM, and sell it to customers. Company Y is one of these OEMs.

    3. Company X includes the full machine readable source of the GPL'ed ROM with the board they sell to company Y. Note: Company X has completely satisfied their GPL obligation. They are completely off the hook as far as anyone who acquires the software from company Y is concerned.

    4. Now it gets interesting. Company Y takes the board with the ROM, and sells it to an end user. Note that company Y is allowed to do this without the permission of the copyright holder, because of the first sale doctine (see footnote).

    5. Because company Y didn't do anything other than what is allowed by copyright law, they are under no GPL obligation to provide ROM source to the end user.

    6. Note the end result: no one has a GPL obligation to provide source to the end user! Company X satisfied all their GPL obligations in their dealings with company Y, and company Y distributed in a way that falls outside the GPL.

    Note: this isn't as big a loophole in GPL as it might seem, since it only applies to things like ROMs, where someone like company Y receives a particular copy, and distributes that particular copy to the end user.

    Footnote: the fair use doctine, codified at 17 USC 109 if I recall correctly, basically states that the legal owner of a particular copy of a copyright work can sell that copy, without that violating that copyright owner's exclusive right to distribute or authorize distribution of the work. This is what allows used bookstores, for example. Without the first sale doctrine, every time a book changed hands, it would require the publisher's permission!

    This is also what lets you sell a used embedded device on eBay without incuring any GPL obligation if it turns out the device uses GPL'ed code, so I wouldn't say this loophole in GPL is a bad thing. If you just go down to BestBuy and buy a router, you should be able to resell that without worrying about whether or not the manufacturer used any GPL'ed code in the thing.

    1. Re:First Sale Doctrine and GPL by benjamindees · · Score: 1

      Wow. That's a doozie. It would only stand up as long as company Y didn't do any mucking around with the ROM from company X or actually *copy* any GPL'd code in their manufacturing process.

      It's doable, I guess. Of course, it hasn't happened, yet. But, it's doable.

      The questions are: Can company X *prohibit* company Y from distributing the source through a contract agreement?

      and: Will it be good or bad when a company offers a modified Linux distro on a chip?

      --
      "I assumed blithely that there were no elves out there in the darkness"
    2. Re:First Sale Doctrine and GPL by jefe7777 · · Score: 2, Informative

      I don't follow you.

      Seems pretty simple to me. If you take GPL code, use it in a product, you have to make the source available to the public. (Company Y only, does not equal the public, invalidating your claim "completely satisfied the GPL obligation")

      In your example, it seems pretty clear to me that anyone who requests it, should legally be able to obtain a copy of the modified source from Company X.

      Company X is entitled to charge a fair fee for materials...but that's it.

      Your point number 3. is completely false.

      The GPL is not satisfied at all. The source had to be made publicly available, not to just a 3rd party, as in your example.

      despite your convoluted explanation it's quite simple.

    3. Re:First Sale Doctrine and GPL by harlows_monkeys · · Score: 2, Interesting
      The questions are: Can company X *prohibit* company Y from distributing the source through a contract agreement?

      I don't think so. X would not be following GPL, and so couldn't distribute to Y.

      One thing I forgot to mention, that also makes this whole situation less of a problem than it might seem at first: upgrades. If X or Y offers downloadable or otherwise user-installable kernel ROM upgrades to the end user, they'll fall under GPL.

      So, this is only going to really be a possibility for devices where they can stick the GPL'ed code in, and not ever have to update it (or can update it by physically swapping ROM chips).

      Still, it is an interesting interaction between First Sale and GPL that is rarely noticed.

    4. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0

      No, company X is required to license the source to company Y under the GPL. If they try to license it any other way, they are in violation themselves.

    5. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0

      Actually, if you read the GPL section 3a, he is right, they only have to give the source to anyone they distribute to.

      Any third party is only a requirement in section 3b.

    6. Re:First Sale Doctrine and GPL by Hast · · Score: 2, Interesting
      3. Company X includes the full machine readable source of the GPL'ed ROM with the board they sell to company Y. Note: Company X has completely satisfied their GPL obligation. They are completely off the hook as far as anyone who acquires the software from company Y is concerned.

      I would assume that Company X has to provide the source for their ROM if requested. Any party which has access to the binary has the right to request the source.
    7. Re:First Sale Doctrine and GPL by toast0 · · Score: 4, Informative

      Your parent is incorrect about point 3. But you're also incorrect. The GPL does not require that you give the source to the public, it requires that either you transmit the source with the object code or you make an offer to give the source to any third party.

      But it's hard to take someone up on an offer you haven't received. And company Y is not distributing the object code noncommercially, so they have to either provide their customers with the source code, or provide their own offer. Customers of company Y would not know of the offer of the source from Company X.

      Your parent is incorrect with his point 3, because the GPL compels Company X to distribute the source and object codes under the GPL. Thus, Company Y must agree to those terms, and it's bound to include the source code with the object code, or offer the code.

    8. Re:First Sale Doctrine and GPL by Mike+Buddha · · Score: 4, Informative

      This loophole doesn't exist. If you look at the GPL, it states that a written offer for the source code must exist that offers the entire source to any third party to eligible to receive it, i.e. someone receiving a binary copy of the software.

      A ROM is merely a storage place for a binary file. By distributing software on ROM, you aren't exploiting any hole at all in the GPL. The hole is not there.

      If you were to buy a piece of hardware with GPL'd software on it from E-bay, you would have to be extended the right to the source from the one who originally modified it.

      In your example, Company Y would be off the hook, but Company X would still have to provide the source to those who owned the devices.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    9. Re:First Sale Doctrine and GPL by barawn · · Score: 1


      Your parent is incorrect with his point 3, because the GPL compels Company X to distribute the source and object codes under the GPL. Thus, Company Y must agree to those terms, and it's bound to include the source code with the object code, or offer the code.


      No. The GPL can't do that - it works only within standard copyright law, which is a restriction on distribution, not a forced requirement. That's the point.

      I don't need permission from the authors at all to sell my copy of Gravitation, for instance. The GPL says "We do not give you permission unless you distribute source as well" - the seller then says "I don't need your permission at all - by first sale doctrine."

      The GPL uses standard copyright law to restrict distribution. Normal copyright law restricts all distribution, but first sale allows selling - just not copying. Company Y can only sell whatever Company X gave them. It's that simple.

    10. Re:First Sale Doctrine and GPL by jefe7777 · · Score: 1

      Well that helps clear it up. Thanks.

      I was looking at it from a more general viewpoint:

      If I distribute (software using GPL code) to the public, regardless of how many middlemen or confounding distribution schemes I can come up with...if it's available via amazon.com, newegg.com or ebay...then it's public.

      cough up the source, buddy.

    11. Re:First Sale Doctrine and GPL by barawn · · Score: 1


      In your example, Company Y would be off the hook, but Company X would still have to provide the source to those who owned the devices.


      But company X is only required to give the code to whomever it was distributed to, by them - Company Y. Company Y doesn't have to follow any licensing agreements because the right of first sale allows them to sell without any permission from the copyright holder.

      Imagine an author, writing a book. He gives the publisher permission to distribute his book. The publisher distributes it, and then the booksellers can sell it without any permission from the author, because they bought it originally.

      If the author says to the publisher "you can only distribute this to Amazon.com", and Amazon.com sells it to Joe Blow, who sells it back to a local bookshop, Joe Blow didn't violate any license agreement, because it doesn't apply to him. Same deal. This is fundamentally identical to the GPL, except the GPL says "only distribute if you include the source" - again, this doesn't apply to Joe Blow.

    12. Re:First Sale Doctrine and GPL by Tony+Hoyle · · Score: 1

      ..so I can distribute copies of Windows because it's already been sold to me under license?

      Can I heck.

      Copyright law covers *all* distribution. If it only covered a 'first sale' then it'd be utterly useless.

    13. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0

      No. The GPL can't do that - it works only within standard copyright law, which is a restriction on distribution, not a forced requirement. That's the point.

      Where the hell did you get that idea? Look, go ask the FSF because you're clearly confused on this point: The GPL is a contract. Contracts can add extra requirements and clauses which have nothing to do with, and can downright contradict, any common law including common copyright law. The GPL can do exactly what the original poster says it can do. There is no loophole.

    14. Re:First Sale Doctrine and GPL by Tony+Hoyle · · Score: 3, Insightful

      But company X is only required to give the code to whomever it was distributed to, by them - Company Y. Company Y doesn't have to follow any licensing agreements because the right of first sale allows them to sell without any permission from the copyright holder.

      No.

      It allows them to sell their *single* copy to someone else, thus depriving them of that copy.

      It does *not* allow them to circumvent copyright law.

    15. Re:First Sale Doctrine and GPL by JimDabell · · Score: 1

      This loophole doesn't exist. If you look at the GPL, it states that a written offer for the source code must exist that offers the entire source to any third party to eligible to receive it, i.e. someone receiving a binary copy of the software.

      I think you are missing the point. Company X is required to attach the written offer to the copies they are distributing. Company Y can simply throw them away and not pass them onto the end-user, as they don't have to comply with the GPL (they aren't making copies).

      As far as the end-user is concerned, they have no clue that the product they are using has software available under the GPL. Company Y can't be compelled to tell them, as they don't have to follow the GPL, and Company X has fulfilled their obligations by telling Company Y all about it.

      Sure, the end-user might have the right to the source code, but without knowing about it, the point is moot.

    16. Re:First Sale Doctrine and GPL by barawn · · Score: 2, Interesting

      ..so I can distribute copies of Windows

      Did you read the example fully? He didn't say distribute. He said sell. That is, give the physical ROM which has the code on it to another person, so that he no longer has the device that he purchased. This is selling by the original purchaser, which is not restricted by copyright law.

      You can sell your copy of Windows, though, regardless of what crap Microsoft says.

      If it only covered a 'first sale' then it'd be utterly useless.

      It does not cover first sale. If it did, then I could not sell any of the books I own, because I do not have the right to make copies and distribute them! There is no license agreement in my books saying I can sell them - it's covered by first sale!

    17. Re:First Sale Doctrine and GPL by harlows_monkeys · · Score: 3, Interesting
      This loophole doesn't exist. If you look at the GPL, it states that a written offer for the source code must exist that offers the entire source to any third party to eligible to receive it, i.e. someone receiving a binary copy of the software

      Nope. You need to reread the GPL, paying careful attention to section 3: "You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following" (emphasis added). Providing a written offer valid to any third party for the source code is one of the options available to the distributor under section 3, but the distributor is not required to choose that option. One of the other options is to distribute the source code with the binary. If company X includes the source with every binary they distribute, that's all they have to do.

    18. Re:First Sale Doctrine and GPL by barawn · · Score: 1

      Contracts can add extra requirements and clauses which have nothing to do with, and can downright contradict, any common law including common copyright law.

      The GPL is not a contract. It is a license for distribution. Hence the name "General Public License."

      And licenses cannot override common law, because they can't screw with your fundamental rights as a purchaser as defined by local law. Hence the reason that Nintendo can go shove their "no backups" clause up the wazoo, and hence the reason that Microsoft, in California, had to give $400 to bunches of people with no restrictions because you couldn't say "you can't cancel this contract" in the rebate requirement.

    19. Re:First Sale Doctrine and GPL by harlows_monkeys · · Score: 1
      Seems pretty simple to me. If you take GPL code, use it in a product, you have to make the source available to the public

      You are very confused. Go study section 3 of the GPL.

    20. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1
      > This loophole doesn't exist. If you look at the GPL, it states that a written offer for the source code must exist that offers the entire source to any third party to eligible to receive it.

      The GPL says no such thing. Perhaps you should take your own advice and go and read it, then read the parent post again, and then have another think about it.

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
      * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      Note "one of", "or". If you company X gives the full source to company Y, they have completely discharged their obligation. You could argue that Company Y, because they are technically "distribut[ing] the Program [...] in object code or executable form" are bound by the GPL (even though that's clearly not the intent of Sections 1 and 2), but the first sale doctrine means that company Y doesn't have to worry about the copyrights in the GPLd code anyway.

      A little hasty on the old trigger there, bucko.

      --
      If you were blocking sigs, you wouldn't have to read this.
    21. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      Sorry, you've both missed the point. Go and read the license and look carefully at Section 3. Note the use of "one of" and "or".

      When company X gives their machine readable source to company Y, that's their obligation under the GPL fully and completely discharged. Company X are not required to attach a written offer to make the source available to third parties, not no-how, not no-way. "one of". "or".

      Company Y don't have to add such an offer (or distribute the source) because they have rights of first sale on the units they've bought. Well, technically the GPL might (or might not, depending on how you interpret Section 3) require them to make the offer or distribute the source, so as to give them a license to distribute the executable code on the device, but there is no copyright stick to beat them with if they don't.

      --
      If you were blocking sigs, you wouldn't have to read this.
    22. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      Oops, sorry for duping your comment. You are completely correct.

      It never ceases to amaze me how so many technically minded people can't follow clauses like that in the GPL. Perhaps if we re-wrote it to use && an ||, it might make it clearer.

      --
      If you were blocking sigs, you wouldn't have to read this.
    23. Re:First Sale Doctrine and GPL by barawn · · Score: 1

      It allows them to sell their *single* copy to someone else, thus depriving them of that copy.

      Yah. That's what I said.

      It does *not* allow them to circumvent copyright law.

      Author says to distributor: "You are authorized to distribute this book to only Amazon.com."
      Distributor: "OK, no problem" - distributes to Amazon.com.
      Joe Blow: Buys book at Amazon.com
      Joe Blow: Sells book to Whitey's Book Store on 5th.

      First sale allows everything after the distributor to happen, because it's just a transferrence of the ownership, rather than a redistribution. In the end, though, the book got to Whitey's Book Store, when the author specifically said "Distribute only to Amazon.com". Most people would call that a 'circumvention'.

    24. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      > Any party which has access to the binary has the right to request the source.

      Well, sure, anyone can go ahead and request the source, regardless of whether they have the binary or not. But that's not the point. The point is whether company X has an obligation to provide, or even an obligation to promise to provide the source. If they already gave the full source to everyone to whom they distributed the executables (which in this case is company Y and only company Y) then they have already discharged their GPL obligations and do not have any further obligation to provide source. If company Y loses their copy, company X doesn't even have to give them another. Please read the GPL Section 3 and note "one of" and "or".

      --
      If you were blocking sigs, you wouldn't have to read this.
    25. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      Perhaps you should actually go and read what the GPL says instead of what you think it says?

      > If you take GPL code, use it in a product, you have to make the source available to the public

      Why? Can you quote the part of the GPL that says that? Please be sure to include the clause that says "have to" and "to the public".

      >In your example, it seems pretty clear to me that anyone who requests it, should legally be able to obtain a copy of the modified source from Company X

      Again, quote the obligation on company X. Hint: can company X discharge their GPL obligations any other way than by making or offering to make the source available to third parties?

      >Your point number 3. is completely false.

      Point number 3 is completely true. You clearly haven't read the license. I'll quote it for you, highlighting the important bits.

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
      * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
      * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      You know the difference between "or" and "and", right?

      Despite your simplistic misunderstanding, the GPL is quite explicit on this, and the parent is absolutely correct.

      --
      If you were blocking sigs, you wouldn't have to read this.
    26. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      >If I distribute (software using GPL code) to the public, regardless of how many middlemen or confounding distribution schemes I can come up with...if it's available via amazon.com, newegg.com or ebay...then it's public.

      And you'll be able to quote the parts of the GPL that say that your obligations extend beyond giving a full copy of the source to the people (the middlemen) to whom you (you personally) actually distribute, right?

      I mean, you can actually quote that part about obligations extending to "the public", without caveats or alternatives, yes?

      Go ahead.

      --
      If you were blocking sigs, you wouldn't have to read this.
    27. Re:First Sale Doctrine and GPL by Mike+Buddha · · Score: 1

      BFD, either company Y or company X is obligated to provide source code for the changes that were made. MY POINT: THERE IS NO LOOPHOLE IN THE GPL

      Sheesh. Touchy.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    28. Re:First Sale Doctrine and GPL by vidarh · · Score: 1
      No. You are missing the point. The first sale doctrine applies to outright sales. Selling a book is not subject to copyright law because what is being sold is the book - the physical item. The fact that a copyrighted work is printed on the pages of the book is not important, as long as the act of copying, and distributing the copy made was done under license from the copyright holder.

      Subsequent owners does not need a license from the copyright holder to dispose of their legally purchased physical item. They DO need a license from the copyright holder if they wish to copy the copyrighted work, or do anything else which would be actionable under copyright law.

      Now, it might be possible to successfully argue that it would be unreasonable to attach distribution limitations for a physical device based on the grant of rights attached to a copyrighted work that make up just a component of the device itself - I don't know - I'm not a lawyer.

      However it is clear that subsequent owners of something that includes a work IS subject to copyright law. The only question here is whether you have a point regarding the specific case of a device where the distribution of the software is a minor side point.

      Otherwise ANY license or grant of rights could be side stepped neatly by anyone authorised to distribute the software by selling CD's or floppy disks that just "happen" to include the software, and claim that the distribution of the software was incidental to the main purpose of the sale, and through your creative interpretation of the first sale doctrine these purchasers would be free of any obligations with regards to the copyrighted work.

      You have raised an interesting issue regarding the what the legal situation would be in the case of mere resale of a physical device incorporating GPL'd software where the distributor have received the source under clause 3a of the GPL but does not offer to pass it on.

    29. Re:First Sale Doctrine and GPL by vidarh · · Score: 2, Interesting
      IF it is a genuine loophole it is rarely noticed because it would likely be hard to use. Either company X needs to be VERY careful about who they sell anything to, or they'd need to control company Y.

      If I as Evil Open Source Zealot manage to purchase anything from them directly and demand the source, they'd violated the GPL if they don't sell. Alternatively I could convince company Y (possibly with money, or the threat of a boycott) they'd benefit from demanding the source from company X and passing it on.

      If company X restricts it sales to a very small number of distributors that excerts such control over that it could prevent them from passing on the source, chances are it could be successfully argued that company Y is acting on company X' behalf in the same way that a printers is acting on a book publishers behalf when copying a book for which the printers doesn't have a license, and that company X is still liable for ensuring access is given to the source as they are the "real" distributor.

      I'm not a lawyer, but I think that even if there turned out to be a potential loophole here, there would be so many ways of preventing it from ever becoming an issue that for all practical purposes the issue is moot.

    30. Re:First Sale Doctrine and GPL by JimDabell · · Score: 1

      When company X gives their machine readable source to company Y, that's their obligation under the GPL fully and completely discharged. Company X are not required to attach a written offer to make the source available to third parties, not no-how, not no-way. "one of". "or".

      I assumed the person I was replying to was talking about the scenario where the source code was not distributed along with the binary. I know that you don't always have to include a written offer, although I can see how my post could imply otherwise outside of context.

      Company Y don't have to add such an offer (or distribute the source) because they have rights of first sale on the units they've bought.

      I disagree. They don't have to add such an offer because they don't have to agree to the GPL. All the rights of first sale do is let them sell their units. They don't need special permission by law to not attach the written offer, which you seem to imply.

      Well, technically the GPL might (or might not, depending on how you interpret Section 3) require them to make the offer or distribute the source, so as to give them a license to distribute the executable code on the device, but there is no copyright stick to beat them with if they don't.

      It depends on what you mean by "distribution". As far as I know, copyright holders cannot prevent distribution, only copying. As such, nothing in the GPL matters because Company Y doesn't have to agree to it.

    31. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0

      The GPL is not a contract. It is a license for distribution.

      Gargh! Argh argh argh! Just stop it! Stop pretending that you understand what you're talking about. Stop, for the love of Christ, thinking that your an FSF lawyer when you clearly haven't even read the very comprehensive GPL FAQ which is posted on the FSF website. Stop believing everything you've written so far. Just stop!

      The GPL is a contract between the original author and yourself. If you want to distribute the works you must agree to be bound by the terms of the licence. Those terms include passing on the exact same terms to anyone else. There is no loophole in the GPL.

      And licenses cannot override common law..

      Well yes, they clearly fucking can because common law does not allow you to transfer your ownership, nor does it allow you to redistribute anybody elses works! In other words if a licence can not over ride common law, please explain how the hell a book publisher manages to create and sell millions of copies of a book. The author had to give licence to the publisher to allow the publisher to copy and redistribute their work. That licence is in the form of a contract.

      Now go away.

    32. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0
      1. But it's hard to take someone up on an offer you haven't received. And company Y is not distributing the object code noncommercially, so they have to either provide their customers with the source code, or provide their own offer. Customers of company Y would not know of the offer of the source from Company X.

      I agree with everything...except the implied restriction of the GPL to commercial uses. The act of distribution -- commercially or not -- is what makes the source offer a requirement.

      That said, if you offer access to a system -- think library, cybercafe, or even a company's internal network -- you don't have to offer source to everyone who sits down and taps on a keyboard. If you either give or sell those computers off with GPLed software, you do have the obligation to offer source and produce it if asked not that this would be much of a problem in these situations.

    33. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0

      I heard First Sale Doctrine also cures cancer. True story.

    34. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      >I assumed the person I was replying to was talking about the scenario where the source code was not distributed along with the binary.

      Fair enough, but the original poster was quite clear on this (point 3).

      On the rest of it, we broadly agree and I think it would take case law to split the hairs on our very slightly different interpretations that lead to the same conclusion.

      I was really playing devil's advocate in suggesting that you (as a rights holder) could argue (note: "argue") that Section 3 applies to any distribution, including individual unit sales. You'd have to argue that because company Y received value in terms of the GPLd code, they are bound by the license (even though it's not a contract). My point was that even if you argued that successfully (unlikely) then first sale doctrine would protect company Y from your only means of punishing them for the license violation.

      It's a convoluted area. It might be the case that rights holders can (with a license rather than a contract) only prevent copying and not distribution. But consider the Creative Commons by-nd-nc, which is replete with restrictions on distribution as well as copying. They seem to think otherwise.

      --
      If you were blocking sigs, you wouldn't have to read this.
    35. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1
      Let's look at what you actually said:

      > "If you look at the GPL, it states that a written offer for the source code must exist that offers the entire source to any third party to eligible to receive it, i.e. someone receiving a binary copy of the software."

      > Company X would still have to provide the source to those who owned the devices.

      Have you been able to find the parts of the GPL that support those assertions? No, you haven't, because they're not there.

      You're now changing your story to "obligated to provide source code for the changes that were made" without specifying who you are obligated to provide the changes to, which is very different from claiming that "any third party" / "someone receiving a binary copy" / "those who [own] the devices" can get it.

      I doubt that you have actually read the GPL, let alone understood it. You certainly didn't read or take the time to understand the original issue.

      --
      If you were blocking sigs, you wouldn't have to read this.
    36. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      It's very muddy. But let's ask it this way.

      Company Y distributes (without copying) exes built from your GPLd source without providing the source or making any offer to do so.

      What, specifically, is your redress against them?

      They're not copying. Company X did that, and fulfilled their GPL obligations. Can you use your copyright to prevent company Y's distribution-without-duplication? If so, why?

      --
      If you were blocking sigs, you wouldn't have to read this.
    37. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      >I heard First Sale Doctrine also cures cancer. True story.

      Film at 11?

      --
      If you were blocking sigs, you wouldn't have to read this.
    38. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      >> But company X is only required to give the code to whomever it was distributed to, by them - Company Y. Company Y doesn't have to follow any licensing agreements because the right of first sale allows them to sell without any permission from the copyright holder.
      >No.

      Yes.

      >It allows them to sell their *single* copy to someone else, thus depriving them of that copy.

      Which is what we're talking about here. Company X makes multiple copies, each one completely fulfilling their GPL license obligations. It sells them (embedded in a physical ROMS) to company Y. Company Y can then sell each one without worrying about the copyright. As long as it isn't duplicating them, which it isn't, that being the original poster's point.

      >It does *not* allow them to circumvent copyright law.

      Who said it did?

      --
      If you were blocking sigs, you wouldn't have to read this.
    39. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      "First sale" is just a shorthand. Read Title 17 Section 109 for the details.

      And please try and get it through your head that the only person confusing "distrubution" with duplication here is you.

      --
      If you were blocking sigs, you wouldn't have to read this.
    40. Re:First Sale Doctrine and GPL by Sabalon · · Score: 1

      If you take GPL code, use it in a product, you have to make the source available to the public.

      Nope. I can take some GPL code, sell it to you for $5,000. You are the only person I have to make the source available to.

      The catch is that my $5,000 item I just sold you is also under the GPL, so you can make a thousand copies and give it free away under the GPL. Or you can make your own mods and sell it or give it away.

      So, no, there is nothing that says it has to be given to the public, but it is designed in such a way that once it gets to someone who is willing to give it to the public, they can, so the original company may as well just go ahead and do so.

    41. Re:First Sale Doctrine and GPL by GigsVT · · Score: 1

      Rogerborg,

      You're right about the loophole, and I can definitely identify with your situation here. Sometimes people just can't seem to understand logical arguments, when they contradict a commonly held belief.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    42. Re:First Sale Doctrine and GPL by barawn · · Score: 1

      Now, it might be possible to successfully argue that it would be unreasonable to attach distribution limitations for a physical device based on the grant of rights attached to a copyrighted work that make up just a component of the device itself - I don't know - I'm not a lawyer.

      I'm not talking about Company X saying "You can't distribute the source code" - because that would be in violation of the GPL. What I'm talking about is the case of Company Y being a dick and not releasing the code, even though they could, simply because they are not obligated to.

      Selling a book is not subject to copyright law because what is being sold is the book - the physical item.

      Exactly, and that's what we're talking about here - the physical item - the ROM - is being sold.

      these purchasers would be free of any obligations with regards to the copyrighted work.

      Um, that's kindof the intention of the first sale doctrine, but you're interpreting it in a weird way that makes it sound really bad. The point is that the copyright restrictions apply to the work, not the physical object.

      You can't attach obligations to "possessing" an object possessing copyrighted material. This is exactly analogous to a book - the physical book cannot have copyright restrictions tacked onto it, but the material can. That's the entire idea. The GPL does not state, anywhere, that you're restricted from using it in any way - it's right there - The act of running the Program is not restricted - and it also states that all you have to do is include the source code to all the people who you give the binaries to.

      In this example, Company X has already done that to Company Y. Company Y is not bound to give the source code when the sell the physical ROM because it's just an object containing copyrighted material, and there is no restriction on the sale of that. This is precisely identical to a physical book.

      The best way to think about it would be region-encoded DVDs. I'm sure the distributors are required to sign something that says they won't distribute them outside of a certain area, but once they do that, the owners of the DVDs can very simply sell them to a used DVD store in a different region. The DVD Consortium is just screwed here - there's nothing they can do, because all that's happening is the sale of a legally purchased item by its owner.

      The best actual real example of this would be here - you've got a router, with GPL software on it. Imagine if the router came with a CD containing the GPLed software on it. This is all they need to do, according to 3b! But if Joe Blow owns this router, and sells it to Jane Doe, he doesn't have to include the CD, and the company can rightly say that it does not have to give Jane Doe the source, because they've already fulfilled their obligation under 3b. (Note that the company is, of course, being a jerk, and this is unlikely to happen, but it is valid).

      First sale is pretty rigidly upheld, and that's a good thing - I'd rather not have to read legalese to find out if I can just sell something I own.

    43. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      Thanks for that. I should really take a break and calm down, but it irrates the hell out of me when people start spouting off that "The GPL says this..." and "The GPL really means that...", and "IANALAIHERTL (I Am Not A Lawyer And I Haven't Even Read The Law) but...", when it's abundantly clear that they haven't read, understood, or considered either the GPL nor copyright law. As the misunderstandings seem to flow from reading unchallenged assertions, I tend to get caught up in a flurry of refutations. I suppose in the end it doesn't really matter if Joe Nobody doesn't understand the GPL though - as long as the people releasing their code under it understand it, that should suffice.

      --
      If you were blocking sigs, you wouldn't have to read this.
    44. Re:First Sale Doctrine and GPL by DickBreath · · Score: 1

      A very interesting discussion.

      Now let's change the scenerio slightly such that instead of company X distributing on ROM, they are distributing on CD.

      Company X makes software, which includes GPL software. Company X sells this binary software on a CD. But they ONLY sell it to Company Y. (Maybe they require certin minimum purchases, that only Company Y is willing to guarantee, etc. Maybe the offer of company X to sell to Y is not a public offer, just a private offer between X and Y.)

      Company X notifies Y about the availability of source code to each CD-ROM that Y purchases from X. Therefore, X has fulfilled their GPL obligation to Y.

      Company Y does not make any copies. They are not copying. They simply put labels on the CD's, put them in boxes, and then sell them as "My Fantastic Universal Video Player Decoder PVR!" (proprietary edition for Windows). Since Y is making no copies, they are under no obligation to pass along an offer of source code.

      --

      I'll see your senator, and I'll raise you two judges.
    45. Re:First Sale Doctrine and GPL by DickBreath · · Score: 1
      Can company X *prohibit* company Y from distributing the source through a contract agreement?

      Probably not.

      But what if both X and Y are wholly owned subsidiaries of say, (I'll just make up some hypothetical company names here...), say, MacroSlop or say, The Canvas Grope.

      The parent company could control what X and Y do. X will only sell to Y. Y will throw away the source code written offer, slap labels on the CD-ROM's (btw, X sells the software on a CD, not a ROM chip), put the labeled CD's in boxes, and then sell.

      Company Y is a legitimate business. They buy cheap components...
      • Brightly colored printed manual, locally sourced from Joe's Color Printing
      • Brightly colored box, and cardbard inserts, locally sourced from Ajax Unique packaging
      • Errata sheet, Spam ....er, um... I mean Warranty registration card, other advertisements, etc. copied in house on Y's own copy machine
      • preprinted CD labels from Joe's Color Printing
      • and btw... a cheap plastic CD sourced locally from Company X
      and are in the business of "assembly" and then selling a "manufactured" product, such as "My Super Duper Video Encoder/Decoder PVR software" (proprietary edition for Windows).
      --

      I'll see your senator, and I'll raise you two judges.
    46. Re:First Sale Doctrine and GPL by toast0 · · Score: 1

      The restriction about commerciality is that if it's a noncommercial distribution, company Y would be entitled to extend Company X's offer to their distributees.

      But in this case, you're buying a router that contains the GPLed code, which is obviously commercial, and thus Company X's offer wouldn't (shouldn't) filter down to Company Y's customers.

    47. Re:First Sale Doctrine and GPL by adamofgreyskull · · Score: 1

      ALL OF YOU! Can you please stop trying to use books as an example and then thinking you've proved your point when the analogy fails!

      1) Company X modifies a GPLed program, or releases it's own program under the GPL license.
      2) Company Y buys the GPLed binary, and recieves an offer to obtain the source.
      3) Company Y, when it releases the binary, must release it under the same license as when they recieved it. This is stated in the copy of the GPL they recieved with the original program.
      4) Consumer JOE who recieves a copy of the binary, from Company Y must also recieve a copy of/offer to obtain the source which can be built into the same binary he recieved, or Company Y is breaking the terms of the GPL and must cease distributing the binary entirely.

      There is no loophole you fucking idiots.

    48. Re:First Sale Doctrine and GPL by lucifuge31337 · · Score: 1

      You can sell your copy of Windows, though, regardless of what crap Microsoft says.

      No, you can't, because it's unlikely that you OWN a copy of Windows. You can sell your media. But the LICENSE that you paid for restricts your ability to transfer it (the licenst to use what's on the media) to another party.

      Bad analogy. Move on.

      --
      Do not fold, spindle or mutilate.
    49. Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 1, Interesting

      Which is what we're talking about here. Company X makes multiple copies, each one completely fulfilling their GPL license obligations. It sells them (embedded in a physical ROMS) to company Y. Company Y can then sell each one without worrying about the copyright. As long as it isn't duplicating them, which it isn't..

      No, because Company X did the duplication. Then, according to the guy banging on about First Sale, that copy is then sold on through a chain of people (Company Y, the channel distributor, the warehouse, the shop, the user) Hey, guess what: each time the copy changes hands so does the requirements and rights granted under the GPL. When Company X provides a copy to Company Y, company Y can request the source. When the channel distributor gets the same copy from Company Y..they can request the source from Company X, because the licence and rights have passed onto them along with the copy. Remember, the GPL says basically "If you create a copy of give it to someone, anyone who gets a copy can request the source code from you and you have to provide it" It really is that simple.

    50. Re:First Sale Doctrine and GPL by barawn · · Score: 1

      GPL FAQ which is posted on the FSF website

      Oh, that explains it - the GPL FAQ must apparently contradict the words of the person who helped write it, and is the most vociferous in defending it (from http://en.wikipedia.org/wiki/GPL):

      It is claimed by some, including Eben Moglen, that the GPL is a license, not a contract[3].

      Oh, and right on that same page?

      The actual situation is simple: if you do not agree to the terms of the GPL, you do not have permission to copy or distribute the software released under it, except through fair use, first sale or other defenses to copyright infringement. It does not mean that the rules of the GPL do not apply to you and that you may thus use the software however you like. The default is the restrictions of copyright law, not the anarchy of the public domain.

      Want more? Enjoy.

      The GPL is a License, Not a Contract, Which is Why the Sky Isn't Falling

      Very clear, but what about the GPL? Which is it? A license or a contract? First, the name tells you what the authors intended: General Public license. It doesn't say General Public contract or even General Public license contract. So they intended it to be a license, not a contract.

      Now go and actually read USC Title 17, section 109. You'll note where it says that you don't need the damned copyright holder's permission to
      sell the physical object containing the copyrighted works
      .

      There is no loophole in the GPL.

      Of course there is - places where copyright law doesn't apply. Thank God it's a license and not a contract, too, otherwise you'd have to agree to it and you'd have to be legally allowed to enter into a contract.

      That licence is in the form of a contract.

      No, that license is in the form of a license.

      common law does not allow you to transfer your ownership

      Read Title 17. Go do it. Now. You can't transfer the copyright, no, of course not. But you can sell the physical object, regardless of whether or not the copyright holder gives a rat's ass.

      Fool.

    51. Re:First Sale Doctrine and GPL by barawn · · Score: 1

      No, you can't, because it's unlikely that you OWN a copy of Windows. You can sell your media. But the LICENSE that you paid for restricts your ability to transfer it (the licenst to use what's on the media) to another party.

      Yah. That's what I said. My copy of it. That is, the CD. Now, Microsoft will say that the person that I sold the CD to doesn't have the right to use it, because they didn't buy a license directly from Microsoft. Let's just pretend Microsoft's license is valid (it likely is not).

      This is totally different than the GPL case because the GPL does not place any restrictions on the use of the program, so the person who was sold the media containing GPL software, without the GPL source or any access to it, can still use it, but the person who sold the GPL software has no requirement to give the source, by right of first sale.

      Bad analogy. Move on.

      No, it's pretty good. I can sell my CD of Windows XP Home, that I bought, without the license, and there's nothing Microsoft can do to stop me. Likewise, I can sell my copy of Red Hat Linux 7.1, which I bought, without the source, and there's nothing Red Hat or the FSF can do to stop me.

      Microsoft's license says you have to have purchased a license (since it's not transferrable) in order to use it - that might be questionable. But the GPL specifically says that it doesn't restrict the use of the Program.

    52. Re:First Sale Doctrine and GPL by Rogerborg · · Score: 1

      > Remember, the GPL says basically "If you create a copy of give it to someone, anyone who gets a copy can request the source code from you and you have to provide it" It really is that simple.

      I don't remember it saying that, because it doesn't. Then again, I've read the GPL, especially Section 3 and you - oh so very clearly - haven't.

      --
      If you were blocking sigs, you wouldn't have to read this.
    53. Re:First Sale Doctrine and GPL by barawn · · Score: 1

      Ah, resorting to sharp words when, in fact, you don't even resort to a simple Google search and calmly realize you're wrong.

      3) Company Y, when it releases the binary, must release it under the same license as when they recieved it. This is stated in the copy of the GPL they recieved with the original program.

      One link:The actual situation is simple: if you do not agree to the terms of the GPL, you do not have permission to copy or distribute the software released under it, except through fair use, first sale or other defenses to copyright infringement.

      Company Y is breaking the terms of the GPL and must cease distributing the binary entirely.

      Distributing the binary? They're not distributing the binary. They sold it. One - the only copy they had, and the copyright holder (Company X) can't control what Company Y does with what they physically bought (either a CD-ROM, or a ROM as the grandparents suggest).

      To quote Eben Moglen (who co-authored the GPL)

      "There's no exclusion of rights to use copyrighted works to copyright holders," he said. "You don't need a copyright license to read the newspaper you bought today. It's a characteristic of copyright law -- nobody can control anything more than the first sale."

      All the GPL does is prevent redistribution of new copies of the program. Existing copies that were distributed according to the license can end up anywhere - in my hands, in your hands, the Moon, or in a Capuchin monkey - all regardless of whatever the hell the copyright holder wanted. Nobody can control anything more than the first sale.

    54. Re:First Sale Doctrine and GPL by arkarumba · · Score: 1

      The way out might come down to the interpetation of the term "Accompany it with", and whether this means that the accompanying sourcecode/offer is consider "part of the work" that X provides to Y. If Y sells it without providing or changing a thing, we would still be happy, since the sourcecode/offer will still be contained within the original work provided by X. If Y removes the sourcecode/offer, then this modification constitutes a derived work, at which point Y is bound by the GPL to distribute the source code.

    55. Re:First Sale Doctrine and GPL by arkarumba · · Score: 1

      the offer of source code must accompany the the work, ie it must be on the CD :)

    56. Re:First Sale Doctrine and GPL by catenos · · Score: 1

      Well, considering the other answers, I hope most of the people reading this thread understand that Company Y doesn't have to adhere to the GPL, because they simply do nothing what is covered by the GPL. They re-sell legally bought items one-by-one and that doesn't need a distribution license.

      The part I want to address - which IMHO came short in this thread - is that this isn't really a grave loop-hole in the GPL.

      First, Company Y has to be a separate company and cannot be simply a split-off of Company X. Or else, the copyright holder might argue they are one entity with regard to the GPL. I don't know how much chance this argument has in a court, but it would be a risk, I wouldn't want to take.[1]

      Second, Company X has given the item to Company Y under the GPL and that means that Company Y, and especially anyone working at Company Y who received the source is free to publish the source code. Company X cannot forbid this in any way (that would be against the GPL). So Company X is completely in the hands of Company Y with regard to the publication of the source code. Talk about risks again.

      The only way I can currently imagine that this could work would be a completely voluntary NDA by Company B that they wouldn't publish it. Even better, if it is simply a general "we would never publish anything we get from Company X" or so. But even that is legally questionable IMHO (the GPL requires that there is no NDA, and so giving someone something under GPL could contructed as an explicit exemption from the NDA - maybe).

      [1] Not that I would do such immorale things to begin with :-P

      --
      Keep an eye on which arguments are silently dropped in replies. Not always, but often times it's very telling.
  19. Re:Corporations and the GPL by Anonymous Coward · · Score: 2, Insightful

    I call bullshit on this one. No one forced this corp to use Linux - they could have easily bought or licensed or developed an OS other than Linux.

    But they CHOSE to use Linux. And in doing so, they adopted the GPL.

    Release the damn code. I released mine, now it's your turn.

    If you don't - then here's a tip - yank that product, and reissue it with some other OS. If you don't, then suffer the consequences you assholes.

  20. I'm curious.-Principle change. by Anonymous Coward · · Score: 0

    "But the current way is just stupid and hampers Linux' adoption in the less techie areas."

    You know? I seriously amused. We (the community) didn't use to get these "critiques" from armchair programmers. We went on our way, merrily developing great software e.g."(fantastic reliability, good uptimes, reasonable security, etc.)" and then the mainstream got fed up with MS (and others) and suddenly noticed Linux. Now we have people telling us that "we" should change to fit the world that corporations built (the same one's people complain about), instead of corporations realizing what a good thing OSS is (principles and all) and that it works because of what it is, not in spite of what it is. If Linux is being "hampered", maybe you should look closely at what is "really" hampering it?

    1. Re:I'm curious.-Principle change. by Anonymous Coward · · Score: 0

      If Linux is being "hampered", maybe you should look closely at what is "really" hampering it?

      It is being hampered by arrogant assholes like yourself.

    2. Re:I'm curious.-Principle change. by Anonymous Coward · · Score: 0

      binary only drivers?

  21. Purpose of the GPL by heironymouscoward · · Score: 3, Insightful

    The GPL serves a purpose (though I'm not sure what)

    Perhaps you should read it some time. The GPL is a license that software authors employ to grant others the rights to use and modify their software codes. In other words, if I spend a year developing some software, I can then distribute it under the GPL. The specific advantage of the GPL as compared to BSD-style licenses is that it gives other free software developers (who I presumably share some common interests with) an advantage over commercial competitors who might take my hard work and turn it into a commercial product that competes with me.

    Companies developing routers have a simple choice: write the software from scratch, buy commercial software, or use free software. If they buy commercial software, they must respect those license conditions imposed. If they use free software, they must also respect the license. If it's GPL, that means making the source code available.

    A business has no right to take GPL software (representing, I remind you, a significant investment of someone's time) and break the license. They should do what everyone else has to do in business: invest themselves in their own products.

    --
    Ceci n'est pas une signature
  22. Re:Corporations and the GPL by Joel+Carr · · Score: 1, Interesting

    ...is not going to promote widespread corporate adoption - rather, it will push them towards proprietary solutions.

    Quite frankly, so what!? If I release software I have written under the GPL, then I expect the terms of that licence to be met. If some corporation wants to take something I, or others, have put their blood sweat and tears into without giving anything back, then tough. If they don't like being required to give back, then they can find some other solution to their problem. If they can't find another solution, then they must play by the rules. They have NO legal or moral right to use someone elses property in a way other than that person allows.

    I would like to see the widespread acceptance of Linux, but I am not willing to see that happen at the expense of what Linux and the GPL stand for. If people go soft on enforcing the GPL now, then its perceived validity will be eroded in the future, and we'll have more problems than we started with. If this slows down widespread acceptance, then so be it. If widespread acceptance never materialises because corporations don't like the philosophy of the GPL, then so be it.

    There is no reason to be scared of the GPL. If a company tries to abuse it, then they should expect to come under fire. If a company plays fair and release what they should, they can still keep closed whatever else they desire. They simply don't have the right to use people's work in a way that is illegal.

    ---

    --
    Any man who can drive safely while kissing a pretty girl is simply not giving the kiss the attention it deserves. -- AE
  23. Re:Corporations and the GPL by Quelain · · Score: 1

    Could you explain 'overly-restrictive' please?

    I'm pretty sure it's exactly as restrictive as the authors want it to be. If you or Realtek don't like, it, go and write your own damn OS and license it however you feel is best.

    Speaking for myself and probably a lot of others, I don't give a rats arse how accepted Linux is by anyone else, so long as it exists and is Free.

    --
    Cthulhu loves you.
  24. Re:Minitar, prepared to get sued by the French! by Neo-Rio-101 · · Score: 1

    Wouldn't Mobilix get sued by Mobil as well?

    --
    READY.
    PRINT ""+-0
  25. The real issue by Neo-Rio-101 · · Score: 2, Insightful

    The real issue here (I think), is that it would hurt Realtek more in the long run when there is no sourced driver available for their own hardware.

    Without acceptance into Linux, people are more likely to avoid their hardware when choosing a Linux set-up.

    So who's the real loser going to be in this situation?
    Answer: Realtek, and their own customers!

    --
    READY.
    PRINT ""+-0
  26. Re:Picking your [principles]-II by Anonymous Coward · · Score: 0

    "Normally I wouldn't bother replying to an AC, but since you got modded up..."

    Yes It is a shame to have someone like an AC point out the fallacies in your argument. Would you feel better if I registered? Would your argument be any more correct if I did?

    "So unless you've got some oddball economic theory involving a hidden subsidy, we'll just go with the generally accepted price==value. "

    WE? (Got a couple friends in there?) Don't agree with you. There is indeed a hidden price in the creation of firmware. There's nothing "oddball" about that.

    "Unless you think there's some secret high value code in what, externally, is (yawn) just another access point?"

    It's the principle of the matter, not the "dollar value".

    "Also, you didn't rebut my .sig! Spreading the .sig was the sole point of the post."

    One I can't see your sig.
    Two so all you was doing was showboating? Why am I not surprised?

  27. Re:Corporations and the GPL by Sancho · · Score: 0

    Well you DID get a cheap router out of the deal. Imagine if companies didn't use Linux for routers, opting to develop the OS on their own or purchase it. How much do you think that would add to the cost of each router?

  28. I'm sure this has been pointed out to you before by Anonymous Coward · · Score: 0, Offtopic

    You have the WRONG last name to be in this business man ;)

  29. Re:Picking your [principles]-II by fuzzy12345 · · Score: 1
    It's the principle of the matter, not the "dollar value".

    De minimis non curat lex.

    --

    Everybody's a libertarian 'till their neighbour's becomes a crack house.
  30. from the FAQ on GNU.org by Anonymous Coward · · Score: 1, Informative
    My friend got a GPL-covered binary with an offer to supply source, and made a copy for me. Can I use the offer myself to obtain the source?

    Yes, you can. The offer must be open to everyone who has a copy of the binary that it accompanies. This is why the GPL says your friend must give you a copy of the offer along with a copy of the binary---so you can take advantage of it.

    1. Re:from the FAQ on GNU.org by barawn · · Score: 2, Interesting

      Yah, but the problem is that under copyright law, they're not allowed to make that restriction in this case - I can resell a book without having permission to copy it at all. The GPL says "You don't have permission to copy it without including the source", but first sale says you don't need any permission. That's the point - Someone could say to company Y "You don't have the right to distribute this GPLed software without source!" and company Y's response would be "I'm not distributing it. I'm selling it."

      It is an interesting loophole, and it is a loophole. The easy way to see this is just consider that copyright gives you no rights to copy and distribute a copyrighted work you bought without a license. But first sale doctrine does allow you to sell something you bought.

    2. Re:from the FAQ on GNU.org by Anonymous Coward · · Score: 1, Insightful

      "I'm not distributing it. I'm selling it."

      You say tomatoes, I say tomatoes. Selling it is distributing it. The device being distributed includes GPL'd binary software. The person doing the distributing passes on the exact same rights to the source. There is no loop hole; first sale does not over ride the contractual requirements of the GPL. Yes, the GPL is a contract. No, there are no onorous requirements in that contract. Yes, that contract is valid.

      If common copyright law could over ride the GPL like that, SCO would have an argument now wouldn't they?

    3. Re:from the FAQ on GNU.org by barawn · · Score: 1

      You say tomatoes,

      I say copyright law and the first sale doctrine. This is not semantics.

      Selling it is distributing it.

      No, it is not. Otherwise I could not sell any of the books I have. Saying selling something that you own is the same as distributing something is flat wrong.

    4. Re:from the FAQ on GNU.org by Anonymous Coward · · Score: 0

      Selling something is not distributing it?

      Well you sure as hell better not ever sell any of what you are smoking (HINT: same thing Darl McB smokes) because if you do and get caught you'll be charged with distribution of a controlled substance.

      I'd really like to see you try your "selling is not distributing" argument in a court trying to get out of jail time.

    5. Re:from the FAQ on GNU.org by Anonymous Coward · · Score: 0

      No, it is not.

      Yes, it is and there is plenty of case law and just plain common fucking sense to support this.

      Just admit that you're wrong, dead wrong, and move on.

    6. Re:from the FAQ on GNU.org by barawn · · Score: 1

      Selling something is not distributing it?

      Yes! That's the damned point. Selling an object is not the same thing as distributing copyrighted material included inside of it.

      Your interpretation means that I'd have to read pages upon pages of legalese to find out if I have the rights to sell my Linux-powered router that I bought at a store. Am I including the license? Is it valid in this section of the country? Is it legal for me to offer this license?

      The point is that I don't have to worry about this crap, because I'm not distributing the copyrighted material! I'm selling the damned object. The copyrighted material has already been distributed, and doesn't need to be covered again.

      I'd really like to see you try your "selling is not distributing" argument in a court trying to get out of jail time.

      Ever seen a used book store go to court? This is what their entire industry is based on. I'd win, if I was saying "I was just selling this damned book I bought, not distributing the material within against the copyright owner's wishes!"

    7. Re:from the FAQ on GNU.org by barawn · · Score: 1

      Yes, it is and there is plenty of case law and just plain common fucking sense to support this.

      Find one example saying that a purchaser of an item containing copyrighted material can't sell the physical item to whomever he wants. Not make copies of the copyrighted material. Not make copies of the item. Just sell the item and all the copyrighted material within.

      I note you didn't quote any.

      Copyright holders have enough rights as it is. Don't give them the right to pry into the way that I used the object that I bought from them.

    8. Re:from the FAQ on GNU.org by DickBreath · · Score: 0

      My friend got a GPL-covered binary with an offer to supply source, and made a copy for me.

      The "made a copy for me" is the key operative phrase here. Your friend copied and distributed the copy, thus your friend is obligated to follow the GPL and offer you source. His only license to copy is the GPL. Otherwise, he just infringed the copyright.

      In this discussion, Company Y does not make any copies. They buy a ROM chip from Company X. They pass along the ROM, but not the offer for source. (Now, suppose instead of a ROM it was a CD?)

      --

      I'll see your senator, and I'll raise you two judges.
    9. Re:from the FAQ on GNU.org by Anonymous Coward · · Score: 0

      I note you didn't quote any.

      Well gee, I didn't see you quoting anything to back up your assertions so hey I must win, right?!

      Don't give them the right to pry into the way that I used the object that I bought from them.

      Maybe you should actually read the inside jacket of a book sometime and find out what "rights" you have to the material.

    10. Re:from the FAQ on GNU.org by barawn · · Score: 1

      How about straight from the Wiki, and one of the two people who wrote the GPL:

      Reference.

      It is claimed by some, including Eben Moglen, that the GPL is a license, not a contract[3]. These people claim that the license is a unilateral grant, and therefore would be considered a waiver rather than a contract. Confusion often arises when people think that the GPL is solely enforceable as a contract, and not by copyright law, which leads to misconceptions such as the GPL being unenforceable because the person never agreed to it.

      and

      The actual situation is simple: if you do not agree to the terms of the GPL, you do not have permission to copy or distribute the software released under it, except through fair use, first sale or other defenses to copyright infringement. It does not mean that the rules of the GPL do not apply to you and that you may thus use the software however you like. The default is the restrictions of copyright law, not the anarchy of the public domain.

      Good enough for you? If not, from here, USC Title 17, Sec. 109.

      the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.

      Phonorecord, of course, was extended to copyrighted works - see the many explanations of Title 17, etc. Here's a good explanation:

      A legal principle that limits a rightsholder's rights to control content after it has been sold for the first time. According to first sale doctrine, lawful ownership of an item, such as a music CD or a book, is not the same as owning the copyright of the item. The owner of the item may lend, resell, give away and or/destroy the copyrighted item but is not granted the right to copy the item in its entirety. The transfer of the copy does not include the transfer of the content's copyright. The legal principle applies to physical items as well as digital content that is downloaded over the Internet.

      Good enough?

      Maybe you should actually read the inside jacket of a book sometime and find out what "rights" you have to the material.

      I don't give a crap what the inside of a book jacket says - they cannot take away the right of first sale, because the right of first sale specifically says it can't - note the "without the authority of the copyright owner." They say "You're not allowed", I say "I don't have to ask your permission."

  31. Re:Corporations and the GPL by Hast · · Score: 1

    And that is our problem how? They based their business upon breaking copyright (because that's what you do if use GPL code without complying) and are thus planted in the same category as people who copy and sell CDs.

    Exactly how is it driving them out of business if they comply with the GPL? Why should they be allowed to freeload on other people's efforts? They are not exactly giving away free routers to everyone who's a Linux developer.

  32. First Sale? by MacFury · · Score: 2, Funny
    Without the first sale doctrine, every time a book changed hands, it would require the publisher's permission!

    Doesn't everyone require the publishers permission when they sell their books? Oh wait...I forgot, this is 2004. I'll repost in a few years when the preceding statement is true. :-)

    1. Re:First Sale? by Tony+Hoyle · · Score: 1

      There's difference between *selling* something (eg. a book), and *distributing* something (eg. Linux).

      I can sell you a book, but I can't duplicate it and give you a copy without the publishers permisison.

    2. Re:First Sale? by DickBreath · · Score: 1

      I can also sell you the cover of my book. Or page 5 torn out.

      --

      I'll see your senator, and I'll raise you two judges.
  33. Protecting your assets... by msimm · · Score: 1

    I think what gets overlooked sometimes is that while GPL'd software may be free of cost that doesn't make it free of value. And this is where it gets tricky: instead of being a financial asset it is an idealogical and philosophical asset. But lets just leave that part out of it, it IS an asset, both to the individual programmer and the community they have given it to.

    Then it is our responsibility to protect our intellectual assets, or do we forfeit our rights to them?

    Commodity router builders have at there disposal A LOT of options, they could pay someone to code there own software (there is a cost in doing business isn't there?), they could license a proprietary os, they could even use a bsd based solution. But if the best they can do is steal the existing assets of the free software community I don't have much sympathy for them. And why should you?

    --
    Quack, quack.
  34. Reason for the GPL by Anonymous Coward · · Score: 0

    Seems to me, the only reason there is a GPL is because it's legally impossible to /give something away/ without some asshole hijacking your ideas business style so they can control them for profit. ....you get to take the code, why is it so hard for them to share back - the product is not as valuable if it can't be remotely deactivated (abandoning support to force future products down our throats, and turning functional hardware into trash)
    I think he should have said "If you want protection /from/ the law" .... not meaning 'assistance'.

  35. Wireless drivers, Linux-based APs etc by zardie · · Score: 3, Informative

    The Minitar AP is hardly the first AP for such an issue to surface. My Linksys WRT54G wireless router is also Linux based, which has been great as it has given birth to some interesting firmware and OS variations.

    The concern for drivers isn't as big as you would think. Why spend AU$60 or 70 bucks on a realtek wireless card when for AU$80 (in our recent Melbourne Wireless bulk buy) you can have a complete, standalone, managed network device. Around our community wireless group, these devices are very popular for their possibility of expanding their functionality to include routing and fault tolerence technologies at a fraction of the cost of a commercial solution which we neither want or can afford. This is also helpful as we can implement peer-to-peer IBSS mode which is better suited for point to point links. Additionally, it allows us to build a wireless node for $80 an interface (excluding antenna and cabling) simply by pkugging in an extra device into a switch or hub.

    I believe the common issue with releasing wireless drivers for open sourced OS's is that the cards can be reprogrammed to use wireless channels which may violate their telecommunications (eg, austel, FCC) certification by operating in frequency ranges of which they are not permitted.

    I think that due to the cost of APs. vs using a PC as an AP these days, especially in running costs, that the protection of infrastructure-mode AP capabilities is really pointless anyway.

    1. Re:Wireless drivers, Linux-based APs etc by FrostedWheat · · Score: 1

      As with the Linksys, the wireless driver is contained in a separate closed source binary. And it's that (or the wireless chips firmware) that decides what channels you can broadcast on.

      So until someone reverse engineers these drivers (hopefully soon) you'll have nothing to worry about. I doubt you'd have much to worry about anyway, if people are broadcasting on normally un-used channels then they will be causing you less interference if they'd been on a channel closer to what your using.

  36. Extra features? by moxruby · · Score: 0

    I live in university rezzies, but we're away from the main campus so the only internet options are ADSL or dialup.
    I'd like to share my ADSL plan with other students without running cables, but am sure that if I declare open slather, everyone will leech until there's no bandwidth left...
    Looking over the specs, it seems the minitar might be meaty enough to run some sort of quota system?
    I'd rather not have a desktop running 24/7 just to share an internet connection...

    Anyone think this is possible? The a$100 price point is about right...

    1. Re:Extra features? by moxruby · · Score: 0

      Shit,

      Reading that page again, it says that it's got 8mb of RAM rather than ROM. 1mb ROM doesn't sound like enough to do anything cool :(

    2. Re:Extra features? by zakezuke · · Score: 3, Funny

      Reading that page again, it says that it's got 8mb of RAM rather than ROM. 1mb ROM doesn't sound like enough to do anything cool

      Should be enough to tftp something cool from elsewhere on your network.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    3. Re:Extra features? by serialmonkey · · Score: 1

      There is room for a few things to be pruned out as well. Sample web pages and the like. Enough to get a tiny-SSH server running at least. Serial.

    4. Re:Extra features? by mcbridematt · · Score: 1

      There is space on the PCB for another SDRAM IC, but you'll either a) hack the firmware to get your code loaded from somewhere else (running it from network would do) b) find some super-l33t compression method.

  37. Hasn't reading slashdot taught you anything by QuantumRiff · · Score: 3, Interesting
    You let companies do anything they want with the source-code. Don't enforce a single darn thing. Then, 20 years later, decide that you need to protect your "IP" becuase your business model is horribly, horribly flawed. Then start suing companies for billions of dollars.

    Since these linux drivers are responsible for so much revenue to these big companies, they would much rather gobble you up for a couple dozen million (chump change really), than deal with the publicity of a lawsuit.

    Of course you need to have a backup plan incase they don't bite. You need to protect your "IP" so you issue press releases like you were the AP, telling anyone and everyone that you are suing these evil corporations, and you have expensive lawyers. Sell your stock like mad, when dumb people buy your story..

    If they ask "what IP do you have?" Loudly shout "errr, umm, Look at that monkey over there!", and make sure that by the time they turn back around, your expensive lawyer is there with lawsuit in hand..

    I don't need an MBA or a Law Degree, everything I need to know i learned from Slashdot and the litigious bastards.

    --

    What are we going to do tonight Brain?
  38. CONFIG_MODVERSIONS by Anonymous Coward · · Score: 1, Informative

    You should toggle CONFIG_MODVERSIONS in your kernel compilation .config. (or RedHat should, or whoever makes your kernel):


    CONFIG_MODVERSIONS:
    Usually, modules have to be recompiled whenever you switch to a new kernel. Saying Y here makes it possible, and safe, to use the same modules even after compiling a new kernel; this requires the program modprobe. All the software needed for module support is in the modutils package (check the file Documentation/Changes for location and latest version). NOTE: if you say Y here but don't have the program genksyms (which is also contained in the above mentioned modutils package), then the building of your kernel will fail. If you are going to use modules that are generated from non-kernel sources, you would benefit from this option. Otherwise it's not that important. So, N ought to be a safe bet.

  39. That's a lame excuse by iamacat · · Score: 3, Interesting

    By that logic, an OS without memory protection or preemptive multitasking is not to be blamed for lock ups - applications are.

    Maybe device drivers a bit different because some operations can cause a hardware malfunction that will bring down the machine no matter what the OS does. But I bet most crashes are due to more trivial reasons - a driver corrupting kernel memory, waiting forever for a failed operation, taking 100% of CPU time an so on.

    There is no excuse why device drivers can not have their own protected memory space, swap to virtual memory, only be able to access mapped memory and I/O ports they are supposed to use, communicate with the kernel through regular system calls and receive queued interrupts by reading from sockets. There is no reason device drivers can not be implemented in Java.

    Have real-time concerns or chicken-and-egg problems (disk drivers will have a hard time using virtual memory)? Fine, implement that driver - or just the portion that needs to be real time - in kernel. Just don't tell me my Palm USB driver needs to corrupt kernel memory and crash the system.

    1. Re:That's a lame excuse by Anonymous Coward · · Score: 1, Interesting


      There is no excuse why device drivers can not have their own protected memory space, swap to virtual memory, only be able to access mapped memory and I/O ports they are supposed to use, communicate with the kernel through regular system calls and receive queued interrupts by reading from sockets. There is no reason device drivers can not be implemented in Java.


      Umm, efficiency? You want to write a driver for a gibagit ethernet card in Java???!!!

      Certainly the stuff that doesn't need to go inthe Kernel shouldn't - that's why linux has a load of userland daemons to provide various OS services, and only the necessary stuff in in the kernel.

      Just don't tell me my Palm USB driver needs to corrupt kernel memory and crash the system.

      It doesn't. You could certainly implement a Palm USB driver in userspace, that would use the standard USB driver inthe kernel.

    2. Re:That's a lame excuse by fr0dicus · · Score: 2, Informative

      I think a problem here is that there are a many more possible versions of the linux kernel floating around than windows; it's easy to write and distribute a driver package that can cope with a few different kernel versions when there are such a limited number of platforms to write against, even including service packs.

  40. The End of Binary Drivers by ajs318 · · Score: 5, Insightful

    What we need is a new law that makes it illegal for hardware manufacturers to keep driver details secret. If you want to sell me a fancy wireless adaptor, graphics card, sound card or whatever, fine; but you have to give me all the information I need to write a driver for anything that I might want to interface to it.

    It used to be so, back in the days when a printer came with a big thick manual explaining how to do various textual and graphical effects, even pulse timings and voltages for the interface. And everyone thought that information was part of the operating instructions. Sometime between then and now, it went sour; probably we didn't notice, but documentation went from hacker-friendly, to (non-hacker)-friendly, to non-(hacker-friendly). Nowadays, it seems printer manuals just say "plug in the USB cable and install the Windows software" -- and manufacturers are treating the important stuff like how to fire the second "red" nozzle down as though it were some sort of nuclear secret.

    Well, it isn't. If you buy a piece of hardware you have every right to make use of that hardware, and if the manufacturer will not tell you how to do so then they are obstructing your enjoyment of your own property. At the very least, the owner of a particular device should -- by sole virtue of ownership -- be automatically privy to any "secret" it may contain; ideally, such information would be in the public domain by law.

    And sod the whingeing about "competitors having access to your 'proprietary information'". Your competitors already pay people to reverse-engineer your products, and you will get access to their "proprietary information".

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:The End of Binary Drivers by baelbouga · · Score: 1
      >'such information would be in the public domain by law.'

      It would not be in the public domain. That would mean that anyone could use it or change it without any notice or respect to the originators of the work.

      It could be placed into a form of software patent/copyright. NOT in the existing patent concept. But one that acknowledges who wrote what and still provide the end user the freedom to enhance or customize.

      This is one of the very base issues that currently exist with the interpretations of what Intellectual Property is or should be.

      - Baelbouga

    2. Re:The End of Binary Drivers by DarkKnightRadick · · Score: 1

      It could be placed into a form of software patent/copyright. NOT in the existing patent concept. But one that acknowledges who wrote what and still provide the end user the freedom to enhance or customize.

      Someone hasn't read the GPL.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    3. Re:The End of Binary Drivers by Lumpy · · Score: 1

      my first IBM pc clone came with the BIOS assembly source code listed in the back of the manual.

      I know, there ARE exceptions like nvidia and others. but most of the time ther eis absolutely no good reason to keep drivers closed.

      --
      Do not look at laser with remaining good eye.
    4. Re:The End of Binary Drivers by DickBreath · · Score: 1

      It used to be so, back in the days when a printer came with a big thick manual explaining how to do various textual and graphical effects,

      This is back when the world was still young and it was in the printer manufacturer's interest to give you technical info. After all, if you were developing software, you could make their printer do something way cold that your software on a competitor's printer might not do.

      --

      I'll see your senator, and I'll raise you two judges.
  41. A bunch of... by m1chael · · Score: 0

    trolls and misguided posts. The issue here is not the GPL it is that hey CHOSE to use it. Thereby having to agree to it's terms. All other issues are irrelevant. As this post is redundant.

    --
    I know you are psychotic, but please make an effort.
  42. Let's focus here: why won't Y provide the source? by iamacat · · Score: 1

    X can not impose a contract on Y not to do so, because it would violate the GPL. And from the point of view of Y, all distributing the source would do is create some competition to X, which can only be good by lowering the prices. And besides, all one would need to do is buy one chip from X and make the code public.

    I guess the only case to worry about is when X and Y are actually controlled by the same people, for the specific purpose of flouting the GPL. This is the case to be sorted out in court (IANAL), but most probably X and Y will lose.

  43. Re: what if... by jamesh · · Score: 1

    Here's a hypothetical situation i haven't seen an answer for... suppose I invent a new language, lets call it 'R', which is completely impossible to understand without documentation. Suppose I heavily encumber this language with patents, NDA's, etc so that nobody can use it except me (and anyone else who pays me lots of money :).

    Now suppose I take some GPL code, and modify it. One of these modifications is to port it to 'R'. If I then release and sell the binary, and distribute the (now unreadable, undecipherable, and useless to anyone else) source code, am I still fulfilling my obligations under the GPL?

    To take it a step further, suppose 'R' is an intermediate bytecode style language? I guess at that point you've really crossed the line though.

  44. all you tools by timmarhy · · Score: 0

    saying that letting companies get away with not releasing source isn't a big deal haven't got the faintest idea. if you don't defend copyrights you lose them. these companys are trying to take a free ride. if not releasing source become acceptable then when the time comes we really do want something, we will have a major battle on our hands. better if everyone just gets used to coughing up their damn code and sticks to the bloody rules.

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:all you tools by Some+Bitch · · Score: 1
      if you don't defend copyrights you lose them

      That's trademarks, not copyright.

    2. Re:all you tools by DarkKnightRadick · · Score: 1

      The comment applies to copyrights too.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  45. Re:Corporations and the GPL by nathanh · · Score: 2, Informative
    Well you DID get a cheap router out of the deal. Imagine if companies didn't use Linux for routers, opting to develop the OS on their own or purchase it. How much do you think that would add to the cost of each router?

    Right idea, wrong focus. It's not that we got a cheap router out of the deal. They got a cheap OS out of the deal. Linux is equivalent to millions of dollars in saved licensing fees. This gives them a huge market advantage over their competition. Their only obligation was to make all modifications available under the terms of the GPL.

    Except they reneged on their obligations. They were happy to profit from Linux but they're not so keen to pay the pricetag. Too bad for them. If they want to keep their code secret they can go pay $20/device for an embedded VxWorks license like all the other companies do. They deserve no sympathy and no defence. Linux isn't a free-for-all; it's a give-as-you-receive.

    They should have used BSD if they wanted to plunder without giving back.

  46. Re:Corporations and the GPL by nathanh · · Score: 3, Insightful
    The GPL serves a purpose (though I'm not sure what), but perhaps it's time to get off the "Free" soapbox and settle for plain old free. In the long run, it will help Linux gain widespread acceptance - and that's what Linux people want, right?

    Wrong.

    There's really nothing more to add.

  47. Open Source Minitar? by thomasj · · Score: 2, Funny

    Who wants minitar, when you can get GNU tar with a lot more options? Even GNU tar can do backup over network! There might even be a --wireless-net=yes in the next release.

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  48. Sourceforge proyect to develop a clean GPL driver by 183771 · · Score: 0

    Since 2004-01-01 there is a pre-alpha proyect to develop a clean, GPL compliant port of the Linux kernel and tools to Realtek's RTL8181 "802.11b wireless gateway controller" system-on-chip, used in a variety of wireless access point and gateway appliances. You can join the proyect: rtl8181.sourceforge.net/

  49. Re: what if... by amorsen · · Score: 1

    Read the GPL, it answers your question.

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    Finally! A year of moderation! Ready for 2019?
  50. Re:Picking your [principles]-II by Leon+Yendor · · Score: 1

    De minimis non curat lex.

    Ahhh.. I remember how Law School taught how to remember that:

    There was a young law student called Rex
    Who had diminutive organs of sex.
    When charged with exposure,
    He replied, with composure,
    "De minimis non curat lex."

    (The law does not concern itself with trifles) ...

  51. Of course not... by kf4lhp · · Score: 1

    Of course there's no FCC ID - they sell it in Australia.

    No FCC ID required if you don't offer it for sale within the US. One area where American rules and regulations still apply only within the US...

  52. Re:Corporations and the GPL by eraserewind · · Score: 1

    Except that for many things the hardware is (considered) pretty generic, and the companies feel their value is in the driver or other value-adding software on top. If you have written a super-duper driver for your card, you don't want another company being able to port it to their cheap knock off, but more or less identical, card.

  53. You forgot a step... by Max+Threshold · · Score: 1

    You forgot the part where Company X acquires the GPL software in the first place. They did NOT buy it in the sense that one buys a book. They licensed it. In doing so, they bound themselves to all the terms and conditions of the license. I strongly doubt that companies like Microsoft would look kindly on the Rule of First Sale being applied to its software licenses. For that matter, neither would Company X.

    1. Re:You forgot a step... by Rogerborg · · Score: 1

      Have you read the GPL? If not, please go and do so now. If you have, please refresh yourself. I mean, actually do it. Pay particular attention to section 3.

      Done? Now, read the parent post again. Do you see the part in bold? Have you read that?

      OK, now you tell me, quoting from the GPL, and referring to the situation presented by your parent, what terms and conditions of the GPL that company X is in violation of if company Y distributes copies without source or a promise to provide source.

      On your last issue, a "license" is not a "copy" as defined by Title 17. So what's the relevance?

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    2. Re:You forgot a step... by Max+Threshold · · Score: 1
      Yes, I have read it. The entire thing. Several times.

      Section (2) (b): "You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License."

      I noted your semantic pedantry regarding the terms "distribute" and "sell." Show me where the law makes such a distinction. If it did, you can bet that companies like Microsoft would be lobbying hard to change it. If a GPL violator won a case on that argument, it would invalidate the license terms that prevent OEMs and retailers from selling PCs with hacked versions of Windows... among other things! If the rule of first sale governed software distribution, every commercial software producer would be up in arms. It would do more damage to their "intellectual property" than the GPL ever could.

    3. Re:You forgot a step... by Rogerborg · · Score: 1

      Your statement:

      > You forgot the part where Company X acquires the GPL software in the first place. They did NOT buy it in the sense that one buys a book. They licensed it. In doing so, they bound themselves to all the terms and conditions of the license.

      I asked:

      > OK, now you tell me, quoting from the GPL, and referring to the situation presented by your parent, what terms and conditions of the GPL that company X is in violation of if company Y distributes copies without source or a promise to provide source.

      Do you understand the question? Do you understand what I'm asking? If company X has already fulfilled their GPL obligations, what further obligation do they have to provide source to people who whom they did not distribute executables?

      Can you answer this question, or do you want to keep answering different ones that I didn't ask?

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    4. Re:You forgot a step... by Rogerborg · · Score: 1

      Actually, I've just noticed that I didn't make any distinction between distributing and selling, so I'm inclined to believe that you're either incapable of following a thread of discussion, or are deliberately answering questions that I didn't ask because you can't find an answer to the one that I did. Feel free to raise the tone by proving me wrong.

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    5. Re:You forgot a step... by Max+Threshold · · Score: 1

      OK, I was too hasty in my reply. Referring back to the situation described, it is Company Y that is in violation of the GPL. Apparently you and I have no disagreement there. My contention is that points 4 and 5 of the parent are incorrect.

    6. Re:You forgot a step... by barawn · · Score: 1

      No, they aren't. That's the other point. Company Y has no obligations under the GPL, because the right of first sale says they need no permission to distribute it.

      That's really what the GPL says. It says "We'll give you permission to copy and distribute this, if you follow one of the three rules we lay down here." The right of first sale says that the copyright holders have no standing to say such a thing. In legal terms, the holders of a copyright lose their control over that particular instance of their material after the first sale. That doesn't mean you can copy it and distribute it (that would be creating new instances, which of course need new licenses) but you can, of course, sell it to whomever you want.

      Look, seriously, just go read the Wiki entry for the GPL (http://en.wikipedia.org/wiki/GPL). It specifically mentions right of first sale, and fair use, multiple times.

    7. Re:You forgot a step... by Max+Threshold · · Score: 1
      Right of first sale was ruled to apply to software in Softman vs. Adobe. In its explanation of that decision, the court stated that because of the "economic realities of the exchange," Adobe's distribution of its software constituted a sale and not a license, and was therefore governed by the rule of first sale.

      The court did not, however, invalidate software licenses in general, or state broadly that all license agreements are to be considered sales. It only outlined the conditions under which the transfer of software is considered a sale. Because the transfer of money is explicitly limited by the GPL, it does not meet these criteria. Nothing in the GPL allows Company X (or anyone other than the original copyright holder) to sell the software! In fact, it states explicitly that one may only charge for the actual cost of copying and distribution of the media containing the software (Section 1). Because of this, I do not believe that the right of first sale applies to the situation described in the parent post. Whether the courts would agree with me is, of course, yet to be seen...

    8. Re:You forgot a step... by Rogerborg · · Score: 1

      OK, thanks for the considered reply, and apologies for slipping into ranting.

      First, I'll draw your attention to Title 17 section 109.

      I believe that this fully supports harlows_monkey's point 4 that company Y doesn't need the copyright owner's permission to sell the copies that they have (which company X made). Consider that point in isolation in terms of section 109 and it's pretty hard to argue with.

      Where it gets interesting is in point 5. Here I agree with you that it could be argued that the GPL obligations on distribution allow the rights owners to assert their Title 17 section 106 (3) exclusive rights to authorize (or in this case not authorize) sale/transfer to the public.

      It would be a short argument though, because section 109 is absolutely explicit that it trumps section 106 (3). harlows_monkeys was perhaps over-simplifying a little when he said that "[company Y] are under no GPL obligation to provide [...] source to the end user". I believe that they are technically under an obligation to do so, otherwise they have no (section 106 (3)) authorization to distribute, but Title 17 section 109 overrides that and removes their need to have any authorization.

      In a fight between the rights owners arguing section 106 (3) in the context of the GPL, and company Y arguing section 109, I'd expect a reasonable jury to come down on the side of section 109, as it's very clear and explicit.

      Incidentally, I'll again be clear that I make no distinction between "sale" and "distribution", these are just the short headline terms used by Title 17 and the GPL respectively. They work out to the same thing, as Title 17 actually refers to "sale or other transfer of ownership" and "sell or otherwise dispose of the possession of".

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      If you were blocking sigs, you wouldn't have to read this.
    9. Re:You forgot a step... by Max+Threshold · · Score: 1

      Oh, and by the way... thank you for challenging me on this and not just flaming. I'm still convinced I'm right, but for different reasons than I originally thought. I would not have taken the time to research this had you not been so persistent and articulate.

    10. Re:You forgot a step... by Max+Threshold · · Score: 1

      Please see both my replies to this comment...

    11. Re:You forgot a step... by barawn · · Score: 1

      The court did not, however, invalidate software licenses in general, or state broadly that all license agreements are to be considered sales. It only outlined the conditions under which the transfer of software is considered a sale. Because the transfer of money is explicitly limited by the GPL, it does not meet these criteria. Nothing in the GPL allows Company X (or anyone other than the original copyright holder) to sell the software!

      A sale isn't a transfer of copyright - the copyright holder retains all rights.

      In fact, it states explicitly that one may only charge for the actual cost of copying and distribution of the media containing the software

      Read more carefully, in the Preamble - I don't think courts would say that the GPL restricts costs at all.

      Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish)

      and later

      For example, if you distribute copies of such a program, whether gratis or for a fee

      Now, again, whether or not that is considered a "sale" or whether or not the GPL is carefully worded to avoid a "sale", I don't know.

      However, the other point is that the basic idea of the right of first sale is that only the person "breaking" copyright (the one who's creating more copies than originally existed) needs to actually get permission from the copyright owner. Passing around physically copies, however, does not need permission.

      Again, the best example is the one the grandparent post gave, in a ROM chip. You can also think of it as a router - if I buy a Linksys router with Linux inside, and they include a copy of the GPL and the source code inside, if I sell that router to my neighbour, nothing requires me to sell the router+GPL+source code, rather than just the router. The copyright holders have no jurisdiction over me at all, clearly (and I hope they wouldn't!)

      Now is this really a 'loophole'? Not in the classical loophole sense - the grandparent just pointed out that the GPL only requires you to send source code to people who you distribute to, directly. Since first sale limits your ability to control what they do, they could throw away the GPL and the source and happily pass it on to the next person.

      I think it would be very touchy if it were pure software, which is probably why the grandparent listed ROMs rather than pure software. In the case of physical ROMs, I'd have to say that argument is pretty tight.

    12. Re:You forgot a step... by Rogerborg · · Score: 1

      >Because the transfer of money is explicitly limited by the GPL, it does not meet these criteria. Nothing in the GPL allows Company X (or anyone other than the original copyright holder) to sell the software! In fact, it states explicitly that one may only charge for the actual cost of copying and distribution of the media containing the software (Section 1).

      Say what?

      • Does the GPL allow me to sell copies of the program for money?
        Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.)

      I have no idea where you got that idea from.

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      If you were blocking sigs, you wouldn't have to read this.
    13. Re:You forgot a step... by Max+Threshold · · Score: 1
      Right, you can sell copies. Media. Not the software itself. The GNU Philosophy of Selling makes this distinction:

      Strictly speaking, ``selling'' means trading goods for money. Selling a copy of a free program is legitimate, and we encourage it.

      However, when people think of ``selling software'', they usually imagine doing it the way most companies do it: making the software proprietary rather than free.

      So unless you're going to draw distinctions carefully, the way this article does, we suggest it is better to avoid using the term ``selling software'' and choose some other wording instead. For example, you could say ``distributing free software for a fee''--that is unambiguous.

      More to the point, Company X can sell as many copies of GPLed software as it wants, but it's still not "first sale" because Company X is not the copyright holder.

    14. Re:You forgot a step... by barawn · · Score: 1

      Right, you can sell copies. Media. Not the software itself

      That's right. And whoever receives those copies/media, can sell them again, and they do not have to follow the GPL. They just can't copy it and distribute the copies without following the GPL.

      If Company Y receives 5000 ROMs from Company X, and receives 5000 copies of the GPL and source code, and sells all those 5000 ROMs without the GPL, they're fine. If they make 1 copy and distribute it without the source, they're screwed.

      Company X is not the copyright holder.

      Does Title 17 make any distinction for right of first sale? I didn't see any. It wouldn't make sense, either, because the person who receives the sold copy ("Company Z") is perfectly allowed to sell the object too.

      Note the top of Title 17 section 109:

      the owner of a particular copy or phonorecord lawfully made under this title

      is who is allowed to sell or otherwise dispose of the possession of the object. Company X made a copy, completely lawfully made under Title 17. They're the owner of that copy (not of the material, of the copy) - they can sell it to Company Y (but only if they distribute the source, as otherwise they weren't allowed to make the copy), but Company Y can sell it to Company Z, because they didn't make a copy.

      It should be noted that if this wasn't allowed, technically you would not be allowed to throw away CD-ROMs of GPLed software without taping the source or the offer of source to them.

      The problem comes with what you're saying: what is ownership? Unfortunately Title 17 isn't specific in what ownership is, though what it is not they give a few examples of in 109(d): it's not rental, lease, or loan. You'd have to make a pretty big stretch to say that it's not "giving it away" either. And the GPL doesn't make it not "giving it away" - it still is. The GPL is just a license for copying.

      Note also that for those things under 109(d), you can't, for instance, throw them away, and that makes sense.

    15. Re:You forgot a step... by Max+Threshold · · Score: 1
      Yeah, messy. Maybe there needs to be a clause in the GPL to cover this situation, because I think we all agree that, regardless of what a lawyer might say, the situation described violates the intent of the GPL:
      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      IMO, this section should be clarified to better reflect that if you distribute a copy of GPL software, then your offer of source code must extend to any third party to whom that particular copy passes. I believe that was the intent of (b) above, but it's not stated very clearly. To fulfill their obligations under the GPL, Company X would then be responsible for providing source code to anyone who buys ROMs from Company Y. And section (c) could be expanded to cover Company Y's obligations under the GPL, if indeed they have any.

      the owner of a particular copy or phonorecord lawfully made under this title

      My contention is that a copy of GPL sofware is not "a copy made lawfully under this title," it's a copy made lawfully under a license. That's the same argument commercial software vendors tried to make, but the courts ruled that the sale of commercial software satisfies the copyright holder's exclusive right of first sale specifically because of the business model used to distribute it. They did not rule on whether the same applies to the GPL's distribution model. It's dangerous to generalize a court ruling, but it's just dangerous to assume that it won't be generalized. That's why I think the GPL needs to be clarified... and why Company Y is skating on thin ice!

    16. Re:You forgot a step... by barawn · · Score: 1

      regardless of what a lawyer might say, the situation described violates the intent of the GPL:

      Well, kindof. If I buy a Linksys router with GPL firmware inside of it and I sell it, I shouldn't be required to include everything in the sale (nor could I!). However, having some requirement in the GPL which says that you are required to distribute the source to someone who requests it who obtained the binary via legal means might be an appropriate clause. This puts the restriction on the person who first sold it. However, the GPL is intended to make it as easy as possible to release software under the GPL, and this makes it harder. But, it wasn't really written for a time with prolific access to the Internet...

      My contention is that a copy of GPL sofware is not "a copy made lawfully under this title," it's a copy made lawfully under a license.

      Title 17 describes copyright. A copy made within the restrictions of Title 17 is the copy they're talking about - which is a copy made under a license. Same thing. (All lawfully made copies of a copyrighted work are made under a license).

      specifically because of the business model used to distribute it.

      Yah, true, but courts very often like to put specific restrictions on stuff like this to avoid making themselves appeal-fodder. To be honest, I would prefer if the right of first sale extend to everything, including GPL distributed software, because it's just fair use.

      That's why I think the GPL needs to be clarified... and why Company Y is skating on thin ice!

      I don't really agree here. Company Y isn't doing anything wrong, and there's no way to place restrictions on Company Y without impeding fair use, and for me, fair use will always trump free software concerns. Stay out of my basement, Bill Gates! The concern should be Company X, and the provision of the GPL that only requires distributing source to those you distribute the binary to. And I think there might be many other places where that clause applies more directly, so clarifying it might be messy.

  54. RTL8181 at SF by LordAlpha · · Score: 2, Insightful

    Quit your wanna-be lawyer BS and help these guys out!
    http://rtl8181.sourceforge.net/

  55. This driver is crap by Anonymous Coward · · Score: 1, Informative

    There has a lot of stability issues and minitar maintainers are applying patches pepole is sending without knowing what the hell is going on.

    DON'T BUY THOSE CARDS.

    Yeah, they're very cheap 802.11b cards. But if you cannot make'm work... they're cheap useless cards.

    1. Re:This driver is crap by serialmonkey · · Score: 1

      A. Your talking about the rt2400 linux PCI/PCMCIA cards. Nothing todo with the AP.

      B. The patches are fully understood before they are posted and are only posted so people can test and feedback to pass comment on being included in the source tree

      C. The source code is being pushed into open source by the effort of quite a few on the forums who are donating their time.

      D. We have always been open about the state of the driver and all open issues are posted in an easy-to-see thread on the forums.

      My 2.2c
      Serial.

  56. Real facts? by thogard · · Score: 1

    The melbourne wireless group just bought a bunch of these things for AU$80 (US$60) last week.

    There is a small header for a serial port (might be ttl level). They have put out a build kit that will let you rebuild the thing in theory but I haven't checked it. I'm not sure you can build a real release version and I may want to backup the rom before I start messing around with it. The binary modules include standard drivers and some other stuff but its small and has symbols so it may not be too hard to figure out what its doing.

    As soon as I get someone listed in the linux kernel to provide me a license to reverse engineer their GNUed code, then I'll start looking at just what is there and what is missing. Remember that if the code is binary only, it may be a DMCA violation to touch it with a debugger. Of course that doesn't apply downunder (well maybe it does) however local law does allow reverse engineering in several cases (thanks to a y2k law).

    The device does run linux and its a bit slow doing it too. Its low on ram and flash but what do you expect for such a cheap device.

    Now why is it no one has a decent decompiler for gcc? A few people have made some major headway into this over the years but they all seem to stop short and never share their work. Thats not the open source way to do things.

    1. Re:Real facts? by Anonymous Coward · · Score: 0

      Remember that if the code is binary only, it may be a DMCA violation to touch it with a debugger.

      I think you need to re-read the DMCA.

    2. Re:Real facts? by Anonymous Coward · · Score: 0

      You are allowed to reverseenergier the kernel do to the GPL

    3. Re:Real facts? by thogard · · Score: 1

      Where in the license does it say that?

  57. Apparently the "source" bit took some arm-twisting by leonbrooks · · Score: 1

    I'd be happy to see specs for the 8181. It's not as if Intel (think Centrino) is going to learn anything from them. RealTek hardware and/or software has traditionally sucked (random limitations, such as the lack of word-boundary DMA on the 8139s up to rev D, and flakiness). I don't think that counts as a trade secret.

    Either way, real specs would give us FOSS vandals enough of an informational leg-up to get a rudimentary driver launched, which sooner or later will be more reliable and efficient than the closed commercial one. It's to RealTek's advantage to have that happen - unless they're both short-sighted (possible) and selling said secret code to developers for big bucks.

    As to the gadget itself: wireless connectivity and programmable. How you say, remote sensor? Remote waldo? Cheap 802.11 camera cluster? Sometimes it's much cheaper to buy a working gadget and hack it than to buy the bits and build one.

    Case in point, this here tiny optical scroll mouse cost me AUD$23 retail at BigW; the USB interface chip alone is nearly AUD$50 retail, then I have to buy and solder up a plug and cable, house the sucker and so on. If I wanted a few bits of USB digital input, it's simpler and cheaper to buy a mouse and wire the sensors across the button-switches than to build my own device from scratch. Simplifies testing, too. Who knows, the mouse chip might have some digital output as well if I'm lucky and can find docs for it.

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  58. Yes, why do these people even try to use LINUX? by mrnick · · Score: 1

    The GPL is so strict and so easily interpreted a million different ways. I don't understand why anyone would choose Linux to develop a product on. To me it would make much more sense to start out with BSD since the BSD license is so friendly to commercial activities and leaves no room for interpitation. Basically BSD license is "HERE do what you will". Now that is freedom! GPL is anti-freedom.

    Look at the success of Darwin / Mac OS X. Apple has chosen to release the source code to Darwin even though they don't have to. Yes, it's self centered in that they get free development for future operating systems but what business is not self centered?

    Linux Zealots all shout HOoooRAY when someone uses Linux on a embedded device, heck ANY device, but then bitch when they realize that the company actually wants to make money. It is this type of thinking that will keep Linux from ever being widely deployed in embedded devices. Some day soon people will realize that it's not worth it and install BSD on their BOX and call it whatever they want and never look back.

    My thoughts on Linux and the fact that it is GPL is that it has been locked into being a hobby OS from now until it goes the way of the Amiga (see previous article about it posted today on SD).

    As someone that has to make the choice of what operating systems get installed on servers, etc, I find myself opting for BSD over Linux every time. For all Linux Zealots that may flame this posting please tell me what does BSD lack that Linux doesn't? On the other hand I offer that Linux lacks freedom that BSD offers in it's parent license.

    Nick Powers

    --

    Encryption: I may not agree with what you say, but I will defend your right to encrypt it...
  59. Then they can do a Nvidia by CarrionBird · · Score: 1
    Seperate the part that links the kernel from the secret stuff. Then you can open up the interface and keep the rest of your driver closed.

    It also makes it easier to abstract things for portability if you want to.

    --
    Free Mac Mini Yeah, it's
  60. -1, Flat out incorrect by CarrionBird · · Score: 1

    Just look up first sale doctrine or ask a lawyer.

    --
    Free Mac Mini Yeah, it's
  61. FreeBSD by rmm5t · · Score: 1

    I bet Edimax wishes they had chosen one of the BSD alternatives instead.

  62. Wireless drivers, Linux-based APs etc-Herring by Anonymous Coward · · Score: 0

    "I believe the common issue with releasing wireless drivers for open sourced OS's is that the cards can be reprogrammed to use wireless channels which may violate their telecommunications (eg, austel, FCC) certification by operating in frequency ranges of which they are not permitted."

    This red herring again. Are you aware that is possible to design in limits that would keep this from happening?

  63. Re: what if... by arkanes · · Score: 1

    It depends on the interpertation of "normal environment", which can reasonably mean "the community of R programmers", in which case it's no big deal. On the other hand, some people take it to an extreme, even pointing out that open-source projects that rely on non-oss tools (like Windows apps that rely on Visual C++) are a violation.

  64. Re: what if... by Sri+Lumpa · · Score: 1

    The second case (bytecode language) is clearcut and is the same as if you released the software in binary format and object code format.

    Given that you do not program the program in object code/bytecode it is not the "preferred form of the work for making modifications to it" (see section 3 of the GPL) and thus doesn't qualifie as source code (Next tried to release a modified version of GCC supporting a mix of Objective C and C++ with only the object files available and when the FSF lawyers explained to them why it didn't comply with the GPL they also released the source code).

    As for your hypothetical language, let's make the example more concrete and say that you ported the Linux kernel to INTERCAL.

    One of the properties of INTERCAL is to be almost completely impossible to understand any complex (and even simple one) pieces of code written in it even WITH the documentation.

    If you then went and improved that port *in INTERCAL* and released the INTERCAL* source under the GPL you would comply with it (the catch being that the normal Linux kernel development would leave you in the dust through both the number of people working on it vs the number of peole working on the INTERCAL version AND through the slower pace of development when using INTERCAL).

    However, if you modified the source code in C and then used a C->INTERCAL code translator then the C version would be the "preferred form of the work for making modifications to it" and the one that you have to disclose (using the C->INTERCAL translator is similar to using an obfuscator before releasing the code under the GPL which is a no-no for the same reason).

    Now you might ask how is the community supposed to know whether you modify it in C or in INTERCAL (imagining that the C->INTERCAL translator produces similar output when given two similar input files).

    That is a good question and if I suspected that someone was doing it (which I would if someone claimed to be able to develop as complicated a piece of software as the Linux kernel in INTERCAL**) and refused to release the C source (claiming that it doesn't exist) then I would sue them (assuming I had the money and it was my code of course) and in my complaint I would explain all the reasons why I believe that they are in fact developing in C and propose that an easy test as to whether they develop in INTERCAL or not is to have one of their engineer do some more or less trivial development not known in advance so they can't rehearse and trivial enough to take a few minutes to an hour to do in C so one of my guys or me can concurrently develop it in C to compare while their guy tries to do it in INTERCAL.

    If their guy (which should be the best INTERCAL guru they have on staff if they are not stupid) is not able to code these small(ish) features in a reasonable time frame it should be much easier to argue that the super duper features that they developed in their released version could not have been developed in INTERCAL given their manpower resource and the time taken to develop it and should be pretty solid ground to get a search warrant for their computers.

    Also, given that I will be suing them for copyright infringement and they will respond "not so, we have the permission of the GPL" and I will respond "no, you don't since you don't respect this part of it" they will have to prove that they respect this part of it (the "preferred form of the work for making modifications to it" part, that is) by proving that they are making modifications to it in INTERCAL which can be done by the test described above.

    Of course IANAL... but I guess you get the idea of why trying to do that would be a bad idea (without counting the triple damage award the plaintiff would get because if they jumped through so many hoops to infringe one the plaintiff's copyright and not get caught AND knew they had to release the code it most certainly wasn't accidental infringement).

    * Yeah, I know, INTERCAL is a language that LIKES TO SHOUT.

    ** N

    --
    "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
  65. That last argument won't cut ice with corporations by Ungrounded+Lightning · · Score: 1

    And sod the whingeing about "competitors having access to your 'proprietary information'". Your competitors already pay people to reverse-engineer your products, and you will get access to their "proprietary information".

    That argument will NOT cut ice with corporations. Reverse-engineering costs a LOT - both in money and in time-to-market. And corporate executives, who have to actually PAY for software (and other) development have a real feel for just HOW MUCH it costs and HOW LONG it takes.

    Once the knockoff is on the market they have to lower their prices, so every quarter they hold that off is another quarterly report with a high, rather than a low, profit margin.

    If you want to convince them you have to show them how using open source gives them an advantage that more than compensates.

    Two big ones are:

    - It cuts their development costs to a pittance compared to doing it all themselves or buying the bulk of it. (This means that they don't have as large an investment to recover before it gets cloned and the price is driven down to commodity levels. In turn that means they can establish themselves and be ready to keep making money at commodity pricing levels.)

    - It gets them to market much sooner (so even if the tail gets chopped off the neck is lengthened.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  66. userfoly by N3wsByt3 · · Score: 1

    The parent poster has already answered that: a devl can do it for his own personal use, or he can do it just for fun, etc. A userbase does not have to be his primary concern. And even of devls that do like to have a big userbase for their prog, it's still up to the devl to determine the value of the users (as users, of course).

    --
    --- "To pee or not to pee, that is the question." ---
  67. "must Accompany" Re:First Sale Doctrine and GPL by arkarumba · · Score: 1

    Point 3 of the GPL reiterates several times that the sourcecode/offer must "accompany the work". It this means the sourcecode/offer is "part of" the work, them we would be happy for Company Y to distribute the exact work that Company X gave them, as the enduser would still receive the sourcecode/offer. If Company Y removes the sourcecode/offer, it becomes a derivative work, and they GPL does apply to them, and they must provide the sourcecode/offer themselves.

    1. Re:"must Accompany" Re:First Sale Doctrine and GPL by barawn · · Score: 1

      Point 3 of the GPL reiterates several times that the sourcecode/offer must "accompany the work".

      Company Y is not obligated to follow the GPL, because they are allowed to sell the ROM for other reasons - right of first sale.

      distribute the exact work that Company X gave them

      The GPL isn't part of the work. It can't be - Company X did not right the GPL, nor do they have the right to change it - it's FSF's property.

      Right of first sale also does not say that you have to distribute the original exactly as you got it. It says you can sell it. Fair use also says that you can use the GPL for toilet paper if you want, or burn it into smithereens, and still sell the rest.

      I can sell a video game without the instruction manual, and I can sell a book with twenty-four pages torn out of it. Hell, I could sell a book that strategically has words cut out of it in order to form a hidden message. The only thing I'm not allowed to do is copy that material - hence the original word, "copyright" - the right to copy. Those rights and ideas don't change with free software. The copyright holder can do nothing past the first sale.

      Fair use/right of first sale are one of the best consumer protection rights in the world. You absolutely, completely need to protect them as vigorously as possible, even if they have odd side effects like this.

    2. Re:"must Accompany" Re:First Sale Doctrine and GPL by Anonymous Coward · · Score: 0
      It is not the GPL that must accompany the distribution of the work in executable form. It is the "offer" that must accompany the executable. If Company Y strips this out, then this is a derivative work, which should then be subject to the GPL.

      You provide some good examples. I definitely agree the Right Of First Sale is an important consumer protection. That you could separate out the video game manual makes sense, and that you could resell a book unchanged is uncontestable. However removing words from the book to form a new message IS a Derived Work subject to "Fair Use". While selling a single altered copy might be fair, buying thousands of books for $10, altering them to make them "better", and selling for $50 would questionably violate the rights of the copyright holder.

      Actually, in reviewing the GPL again, I wonder that first sale doesn't apply at all. Nowhere does the copyright holder grant permission for the program to be sold. The GPL merely grants permission to copy and distribute. GPL point 0: Activities other than copying, distribution and modification are not covered by this License; they are outside its scope.

      X is only granted permission to charge for the act of copying, or to offer a warranty, which however can be as exorbitant as they like.

    3. Re:"must Accompany" Re:First Sale Doctrine and GPL by barawn · · Score: 1

      However removing words from the book to form a new message IS a Derived Work subject to "Fair Use". While selling a single altered copy might be fair, buying thousands of books for $10, altering them to make them "better", and selling for $50 would questionably violate the rights of the copyright holder.

      Maybe. But no stupid idiot has done this yet, and so right now you can in fact rip out words from a book and sell the altered book. And I would be worried if one tried to restrict fair use and right of first sale because of this possibility.

      Nowhere does the copyright holder grant permission for the program to be sold.

      You don't need to. The right of first sale section says that this applies to all copies legally made under this title - a copy of a GPL program distributed with the source is legally made, therefore the person who receives it can sell it, regardless of how they got it, and however they want to - with the source, without the source, carved up and dressed like a Smurf. "First sale" is a shorthand.

  68. Re:Corporations and the GPL by Trolling4Dollars · · Score: 1

    Why, pray tell, am I on your foes list? What did I do to you?

  69. Re:Corporations and the GPL by Quelain · · Score: 1

    Well, there was an unusual set of icons by your username: friend of friend and also enemy of friend, so I was curious enough to click the little grey icon. Your username doesn't help, and a quick look at your latest comments probably showed Troll, Troll, Flamebait, Offtopic or the like. That's the main criteria I use if I ever set +foe on anyone.

    --
    Cthulhu loves you.
  70. Re:Corporations and the GPL by Trolling4Dollars · · Score: 1

    OK. Cool enough. Mostly just curious. I used to friend my freaks, but I've been unfriending them since my fans list is growing. The whole Zoo concept is kind of a game for me.

  71. media, not the program Re:You forgot a step... by Anonymous Coward · · Score: 0
    It is a service, not a sale. ie (and charge for this service if you wish)
    and elswhere You may charge a fee for the physical act of transferring a copy

    "Me: Hey, Company X. Can I have some copies of that cool app you've got."
    "X: Sure, but that will take my time and effort, which I value at $1000/hr."
    Whether you get I get a competetive price or not is neither here nor there.

    Company X is only allowed to be paid for distributing the application, much like a courier, or to offer warranty insurance. If Company X is "selling" the GPL product, THEY are violating the rights of the copyright holders, who can sue. And what damages might any one of the copyright holders ask for...? Perhaps just "show us your source" - and court costs.

    Company X might be "selling" is very expensive ROM or CD media. They can NOT be "selling" the program therein contained using only the the rights granted to them by the GPL. There is then no problem with the consumer re-selling that same physical CD."

    Equivalently, Company Y can only be selling the router hardware. They can NOT selling the Program therein contained as the interface, because nowhere have they obtained the right to do this. They are merely distributing the program within their hardware. Again, there is nothing contradicting the Right Of First Sale in preventing the consumer from reselling the hardware device.

    1. Re:media, not the program Re:You forgot a step... by barawn · · Score: 1

      Company X is only allowed to be paid for distributing the application, much like a courier, or to offer warranty insurance. If Company X is "selling" the GPL product, THEY are violating the rights of the copyright holders, who can sue. And what damages might any one of the copyright holders ask for...? Perhaps just "show us your source" - and court costs.

      This is correct.

      Company X might be "selling" is very expensive ROM or CD media. They can NOT be "selling" the program therein contained using only the the rights granted to them by the GPL. There is then no problem with the consumer re-selling that same physical CD."

      This is also correct.

      I'm really missing where you're disagreeing with anything I said. There's nothing that requires Company Y to distribute the source code they received from Company X. All they're doing is selling a physical object that they received.

      Sale of an object does not imply transfer of copyright. This is a given. But 'right of first sale' does not require a sale - it requires a lawfully made copy, that's all. And it allows you to transfer or dispose of it as you wish.

      Otherwise I couldn't throw away a hard drive containing GPLed binaries without the source. Someone else could pick it up, and I wouldn't've been distributing the source with it!