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Kernel Modules that Lie About Their Licenses

jon787 writes "An email to LKML about the Linuxant's HSF Modem drivers lying to the kernel about their license has prompted some interesting replies. Lots of talk about how to effectively blacklist these kind of things; a patch is here. One of the more interesting is this one. Linus as always has his $0.02."

587 comments

  1. /0 is like a period, it ends the statement. by LostCluster · · Score: 5, Funny

    Since /0 is the string-termination character, would it be possible to convince a court to see the decloration the way the kernel does, and therefore hold them to the GPL since they're the ones who declared it?

    1. Re:/0 is like a period, it ends the statement. by REBloomfield · · Score: 1, Interesting

      I'd have said so... but I'm sure they'd come up with a typo argument, or something similar.

    2. Re:/0 is like a period, it ends the statement. by LostCluster · · Score: 1

      I'd have said so... but I'm sure they'd come up with a typo argument, or something similar.

      If they want to claim typo, then they'd at least get ordered to fix it and to never release anything with that "mistake" in it again.

    3. Re:/0 is like a period, it ends the statement. by Rhys · · Score: 5, Informative

      /0 is like a divide-by-zero error, actually.

      \0 is like a period.

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    4. Re:/0 is like a period, it ends the statement. by cshark · · Score: 1

      I don't understand.
      what is the advantage of saying something is gpl when it isn't?

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    5. Re:/0 is like a period, it ends the statement. by jrockway · · Score: 4, Insightful

      You get certain kernel data structures. No GPL, no special data. That's what the problem is (LinuxAnt wants GPL-only data, but they aren't GPL).

      LinuxAnt is really screwed here, as their drivers obviously won't work anymore :)

      --
      My other car is first.
    6. Re:/0 is like a period, it ends the statement. by cshark · · Score: 1

      So what is to stop these people from updating their drivers if there is a change in linux, or otherwise getting around it?

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    7. Re:/0 is like a period, it ends the statement. by Anonymous Coward · · Score: 0

      The issue is this: they want access to GPL data structures. If they claim to be not GPL, they don't get it. If they copy it into their own code, they become a derivative work of Linux and are forced to become GPL. If they try to access the data structures in some round-about way, they're still linking, and so are forced to become GPL. So, if they don't want to become GPL, and they still want those data structers, they need to pretend to be GPL.

    8. Re:/0 is like a period, it ends the statement. by afidel · · Score: 4, Interesting

      The answer is obvious, make a GPL wrapper driver that does nothing but accesses the data structures and communicates via an interface to the closed driver. Playing stupid politics with system info is just a retarded dead end. The info is made available to some classes of drivers because it is usefull, in reality it is usefull to any driver that can benifit from the info, open or not. So witholding the data from closed drivers is just lessening the experience/reliability/etc of people who use Linux but who aren't Open Source zealots. That's the aim of the driver interface but it's a stupid one, and as I pointed out it's easy enough to circumvent.

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    9. Re:/0 is like a period, it ends the statement. by Anonymous Coward · · Score: 0

      Of course this is all highly-dependent on some crazy programmer's interpretation of copyright law.

      ALL the kernel's data structures are GPL, magic symbol or no. By marking SOME structures as "GPL_ONLY" what they are really trying to do is put some EULA-like restrictions on the Linux-kernel in order to restrict the end user's fair use rights to load programs into memory.

      In other words -- either it is legal for end-users to link ALL proprietary drivers or it is illegal to link ALL proprietary drivers . A scheme which allows end users to link SOME proprietary drivers makes no sense on the face of it.

      It would make much more sense if the structures were marked "INTERNAL" because at least that would be technically-justified instead of some crazy crakpot legal reasoning.

    10. Re:/0 is like a period, it ends the statement. by Dolda2000 · · Score: 1
      I don't understand why people mod this as `Funny'. Honestly - whatever is after that NUL char does not matter, because it isn't part of the string. You can't see it any other way. A string in C ends after a NUL char, anything after that is either another string, or in this case when no symbol points to it, it's just garbage. If anoyone licenses something under the GPL, which LinuxAnt obviously has done, they should be prepared to show the source.

      Does anyone know if Groklaw or someone else has written about this yet?

    11. Re:/0 is like a period, it ends the statement. by cshark · · Score: 1, Interesting


      If all we're talking about is API calls, what makes some API calls okay, while others are "dirivitive works?" If any API call can be considered a dirivitive work, than couldn't you say that all API calls could be considered "dirivitive works?"

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    12. Re:/0 is like a period, it ends the statement. by orthogonal · · Score: 2, Interesting

      The issue is this: they want access to GPL data structures. If they claim to be not GPL, they don't get it. If they copy it into their own code, they become a derivative work of Linux and are forced to become GPL. If they try to access the data structures in some round-about way, they're still linking, and so are forced to become GPL.

      Since they're accessing "GPL data structures" solely for the purpose of interoperability between their driver and the kernel, wouldn't that be allowed under the DMCA interoperability clause, and thus, by Congressional intent, not be a violation of copyright (as Congress presumably by including the interoperability clause in the DMCA assumed it and intended it, either not to contravene or to override, any other statute, e.g., Title 17)?

      If the driver isn't violating the linux kernel copyright, then no license is required, and so no strictures of that license, e.g. release of code under the GPL, are in force.

      But IANAL, so if I'm missing something, enlighten me.

    13. Re:/0 is like a period, it ends the statement. by iabervon · · Score: 2, Informative

      Actually, the module doesn't require access to any GPL-only operations or structures. As far as anyone can tell, they just don't want the kernel to report that a non-GPL module has been loaded, because this situation makes kernel developers rightly unwilling to help people with problems (because they have no idea what the non-GPL modules are doing). If they were actually using restricted interfaces, it would be a clear case of copyright infringement, as those interfaces are identified as the ones which make using code a derived work of the kernel. As it is, it is a much less clearly defined issue.

    14. Re:/0 is like a period, it ends the statement. by Crazy+Eight · · Score: 1

      That policy isn't about "playing stupid politics". It has to do with restricting the interaction between closed binaries and kernel innards. If Microsoft released a closed binary kernel module for some piece of hardware they sell would you want it to have unrestricted access to kernel innards? If it was unreliable would you want the kernel maintainers to waste their time trying to make it work?

    15. Re:/0 is like a period, it ends the statement. by Anonymous Coward · · Score: 0

      If they try to access the data structures in some round-about way, they're still linking, and so are forced to become GPL.

      Nonsense. If, for example, they access the data structures by employing people to examine the contents of memory with a magnifying glass and feed them into the non-GPL module on punched cards, I don't think even RMS would claim that counted as "linking".

    16. Re:/0 is like a period, it ends the statement. by Anonymous Coward · · Score: 0
      I think the issue is whether linking creates a derivative work. It's the FSF's position that it does, though I have no idea if that's true or not.

      If the non-GPL code is including header files, then it's a quite clearly a derivative work, but just for referencing symbols in the kernel, I don't know....

    17. Re:/0 is like a period, it ends the statement. by afidel · · Score: 1

      Yep, if MS released a more functional binary only driver for my MS Internet Keyboard Pro or MS Intellipoint Trackball I sure would use it, and I wouldn't care if it needed access to the kernel. MS hardware is a seperate division and I've found that their products are some of the best out there. As to the kernel maintainers, only if I could show that the bug was in fact in the kernel and not in the driver, but I expect that for any third party driver, not just closed source ones. It's not the job of the people on LKML to maintain all possible drivers under the sun, just the ones that are included in the blessed source releases.

      --
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    18. Re:/0 is like a period, it ends the statement. by Performer+Guy · · Score: 1

      Who modded this as funny? This may not be the law of the land but it's the way strings work in C. It is serious and not so subtle point. The string ends with the \0, no programmer would expect otherwise. Anything after the \0 is just random garbage in memory that nobody is going to check. Heck code can't even check the size of the string to know if there's anything beyond the \0. It's downright dangerous, even reckless to do so.

    19. Re:/0 is like a period, it ends the statement. by Crazy+Eight · · Score: 2, Insightful
      ...they just don't want the kernel to report that a non-GPL module has been loaded...

      Is that really the case? I thought their response was that they didn't want multiple warnings issued when one should suffice.

    20. Re:/0 is like a period, it ends the statement. by rabidcow · · Score: 1

      \0 is like a period.

      \0 is the beginning of an octal character constant. It's most like a period when it's followed by 56.

    21. Re:/0 is like a period, it ends the statement. by LostCluster · · Score: 1

      The mod was because I posted about "/0" when I should have talked about "\0"... typo city.

    22. Re:/0 is like a period, it ends the statement. by Anonymous Coward · · Score: 0

      > than couldn't you say that all API calls could be considered "dirivitive works?"

      Either that or none of them. Since most people program for MS Windows, they would rather see the latter.

    23. Re:/0 is like a period, it ends the statement. by Kazymyr · · Score: 1

      However by using this approach no message is issued and the kernel is silently tainted. A big no-no.

      --
      I hadn't known there were so many idiots in the world until I started using the Internet -Stanislaw Lem
    24. Re:/0 is like a period, it ends the statement. by Dave2+Wickham · · Score: 1

      What functionality do you need which isn't taken care of by, e.g., Acme in GNOME?

    25. Re:/0 is like a period, it ends the statement. by Balp · · Score: 1

      However is one more module is loaded and this module doen't have this work around (as they say the case are) The kernel will report that it has been tainted.

      / Balp

    26. Re:/0 is like a period, it ends the statement. by CyberDong · · Score: 1

      You have to look at the alternate meanings of "\0". It's also referred to as null or nought. Now a creative interpretation could be made that GPL\0 actually means GPL(not). IANAL, but this might actually be a sound argument...

    27. Re:/0 is like a period, it ends the statement. by Anonymous Coward · · Score: 0

      No, it isn't. Check the meaning on ext2fs.o. The meaning certainly isn't GPL(not).

  2. Of course Linus has something to say. by Anonymous Coward · · Score: 5, Insightful

    You make it sound like he's just a figurehead now. I would expect him to say something, and I would expect slashdot to not trivialize it.

    1. Re:Of course Linus has something to say. by Entropius · · Score: 1, Funny

      I don't think they were trivializing anything--rather alluding to Linus' tendency to make pithy, and often insightful, comments on pretty much everything.

    2. Re:Of course Linus has something to say. by Seth+Finklestein · · Score: 1, Informative

      Linux is doomed.

      There, I said it. I'll say it again: Linux is doomed.

      I am an incredibly good C programmer. I wrote a driver for my employer's modem software, and I submitted it to the kernel. The "administrators" rejected it because it "might not be free enough." They insisted that I pore over 37 densely-worded pseudo-legalese licences before submitting it.

      Could I use the Vovida Software License? Ooh, and then there's the Motosoto License! Let me get this straight: you have a team of pretend lawyers insisting that such and such is "free enough," and you wonder why nothing's getting done.

      Fuck that. I'm going with Microsoft. They know what to do with free software.

      Sincerely,
      Seth Finklestein
      Bitter Developer

      --
      I'm not Seth Finkelstein. I still speak the truth.
    3. Re:Of course Linus has something to say. by Anonymous Coward · · Score: 1, Informative

      They aren't going to put code that isn't compatible with the GPL into the kernel. If they did they would have to restrict how they distribute the kernel. The licenses they have on that page are all OSI approved.

      Anyways, what license did you want to release it under?

    4. Re:Of course Linus has something to say. by beeblebrox87 · · Score: 1

      Linus IS a figurehead. Sure he started the project, and maintains the "main" tree of it, but the amount of code that is actually his is relatively small, and it's certainly no justification for him to have the enormous influence he does. Slashdot has every right to trivialize what he says, if the editors and posters involved believe it is trivial.

      The fact that Linus is nearly always right is merely coincidental. (see sig)

    5. Re:Of course Linus has something to say. by TwistedGreen · · Score: 1

      Nah, this "Linus" guy should just be quiet and mind his own business!

      Oh wait...

    6. Re:Of course Linus has something to say. by black+mariah · · Score: 1

      People listen to Linus because he's the maintainer of the kernel. Code be damned, that's a FUCKLOAD of work that would make most peoples heads explode if they had to do it.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    7. Re:Of course Linus has something to say. by Anonymous Coward · · Score: 2, Funny

      Yeah, just who does he think he is?!? He's acting like he invented Linux or something.

  3. My modem driver must be broken... by Anonymous Coward · · Score: 3, Funny

    The site's not loading.

  4. Squashing... by jargoone · · Score: 5, Insightful

    Anyway, I suspect that rather than blacklist bad people, I'd much preferto have the module tags be done as counted strings instead. It should be easy enough to do by just having the macro prepend a sizeof(xxxx)" thing or something.

    Great idea, for this hack, anyway. Problem is, they'll come up with something else next time. I think this one really is up to the lawyers, unfortunately.

  5. When it's acceptable to lie by Anonymous Coward · · Score: 4, Funny

    If the Kernel asks you if you think its gained wait or if its ass looks big in those drivers.

    1. Re:When it's acceptable to lie by nacturation · · Score: 1

      If the kernel is slower, then I guess it has gained wait. On the other hand, I don't know how to measure the weight of a kernel.

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    2. Re:When it's acceptable to lie by Trigun · · Score: 2, Funny

      In lbs and oz. in the U.S., in stones in Britan, In Kilos and grams virtually everywhere else.

    3. Re:When it's acceptable to lie by Anonymous Coward · · Score: 0

      No no no. You'd use Newtons, as kilo and grams aren't units of weight, but units of mass; and although I know I have to do some strange things with goats and candles to get my SCSI chain working, I don't think there's any masses in the kernel yet. /This bad pun brought to you by another bad pun.

    4. Re:When it's acceptable to lie by Anonymous Coward · · Score: 0

      Sir, that's a 200 pound kernel you're trying to load. PLEASE be careful!

    5. Re:When it's acceptable to lie by DA-MAN · · Score: 3, Funny

      `bzcat linux-2.4.2x.tar.bz2 | lpr`

      Then weigh the resulting print job! EZ Huh?

      --
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      Dog House Forum
    6. Re:When it's acceptable to lie by Anonymous Coward · · Score: 1, Funny

      Well, you should have more luck with 2.6. I hear that it scales much better.

    7. Re:When it's acceptable to lie by Grant_Watson · · Score: 0

      "No no no. You'd use Newtons, as kilo and grams aren't units of weight, but units of mass;..."

      I always find the argument against the gram-weight thing a bit odd. Just because the gram isn't a unit of weight in SI doesn't mean it isn't one at all; it is in the older CGS.

      I'm an American, but I'm pretty confident that Europeans don't mass themselves on balances.

      (This off-topic comment brought to you by Grant Watson's total disregard for karma.)

    8. Re:When it's acceptable to lie by It'sYerMam · · Score: 1
      Stones? Who do you think we are - cavemen?!

      We're trying to convince people to use real weights, although my mum insists on asking for weight in "old money." Besides, lbs, oz and stones are all the same system. Better say metric/imperial.

      Back to the point. You'd have to shell it first, otherwise you get unneeded stuff like ls and cp...

      --
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    9. Re:When it's acceptable to lie by Anonymous Coward · · Score: 0

      Learn to spell, mormon.

    10. Re:When it's acceptable to lie by puhuri · · Score: 1

      With a quick test, one needs 78409 A4-sized pages to print 2.4.24 source. If we take normal 80 g/m^2 paper, that makes 391 kg if printed single-sized.

    11. Re:When it's acceptable to lie by tabrisnet · · Score: 1
      pl. stone Abbr. st. A unit of weight in Great Britain, 14 pounds (6.4 kilograms).
      - from dictionary.com no cavemen needed.
    12. Re:When it's acceptable to lie by It'sYerMam · · Score: 1
      Wow... GB has its very own measurement... how sad!

      I'm guessing, then, that you US pips don't use stones? What do you measure people in? (In england, stones are like feet - person = 6 foot, 1 and 8 stone 9... Wow.

      --
      im in ur .sig, writin ur memes.
    13. Re:When it's acceptable to lie by FattMattP · · Score: 1
      Reminds me of a Married with Children quote:

      Peg: Al, do these pants make me look fat?

      Al: No. Your fat makes you look fat.

      --
      Prevent email address forgery. Publish SPF records for y
  6. Get over it by Anonymous Coward · · Score: 4, Insightful

    Modules should not lie about their licenses. Fine.

    BUT... the linux kernel developers need to get over their fanaticism about open-source drivers. There are many reasons companies cannot or will not make their driver source public. For wireless cards, the FCC effectively prohibits it. For video cards and others, much of the value of the card is in fact in the driver and companies have a right to keep that under wraps.

    1. Re:Get over it by REBloomfield · · Score: 2, Interesting

      The issue is how the kernel treats binary only modules. If it loads one of these drivers, belieing it to be GPL, and your system gets b0rked, then I'll bet you'll be the first running screaming, with all the people with RedHat maintenance contracts closely behind...

    2. Re:Get over it by Zweistein_42 · · Score: 2, Informative

      >>the linux kernel developers need to get over their fanaticism about open-source drivers. I thought the problem here is of a non-GPL driver *claiming* to be GPL? Any other crusade developers may or may not have is mostly irrelevant in this particular case.

      --
      - To err is human; but to really screw up, you need a computer
    3. Re:Get over it by Lussarn · · Score: 3, Insightful

      Linux is an open source system, you should be able to run a fully usable linux system using nothing but open source components.

      That is a hard requirement for Linux success, in the past, now, and in the future.

      For example if 3D desktops becomes the standard open source 3D driver will need to be developed, if the gfx companies don't like that we need to take our money someplace else.

      For the record I do run nvidia binary driver today.

    4. Re:Get over it by adamjaskie · · Score: 2, Insightful

      There is NOT a problem with binary only vs. open source modules. It is a problem with the company lying to the kernel, saying their module has a GPL liscense, when in fact it does not. There would be no problem if the liscense string had said:
      "GPL for files in the \"GPL\" directory; for others, only LICENSE file applies"
      instead, however, it says:
      "GPL\0for files in the \"GPL\" directory; for others, only LICENSE file applies"
      Notice the sneaky \0.

      --
      /usr/games/fortune
    5. Re:Get over it by Anonymous Coward · · Score: 0

      If you don't like it then don't use it. The value of their card may be in the driver, but keep in mind the value of the GPL is in having things open source. If they aren't compatible with that model then accept that you'll have to go play with the other OS.

    6. Re:Get over it by MartinG · · Score: 4, Insightful

      For wireless cards, the FCC effectively prohibits it.

      No, the FCC says the card cannot do certain things. Putting these restrictions in the drivers of each individual OS is not a good plan. The restrictions belong in the firmware. This is a safer way to ensure FCC compliance at the same time as allowing open source drivers.

      The linux kernel developers need to get over their fanaticism about open-source drivers.

      Who the hell are you to tell the kernel developers what they should care about? The kernel is licensed and written the way it is because the developers want it like that. If 3rd parties aren't prepared to play along, then they don't have to release linux drivers. They can't have it both ways.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    7. Re:Get over it by nacturation · · Score: 2, Insightful

      As far as spoofing the GPL string, what's the problem here? Do you hear Open Source advocates decrying browsers such as Mozilla for spoofing the user agent string and claiming to be Internet Explorer? "But websites won't display properly unless we lie about it and claim to be Internet Explorer!" Right. Just as their drivers won't work properly unless they lie about it and claim to be GPL?

      Which one is the pot and which is the kettle here?

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    8. Re:Get over it by poptones · · Score: 1
      The FCC doesn't "prohibit" manufacturers releasing documentation about how their cards work - the companies simply use this as an excuse to hide their "proprietary" information. I can buy a Sam's photofact of any of thousands of radio transmitters without having a license, if the FCC cared I'm sure that hole would have been plugged long ago. There's nothing special about "digital" devices except to the manufacturers of those devices.

      And yes, they WOULD sell more devices if they would not be so hung up on proprietary information. I was chomping at the bit for months to buy one of those cool new motherboards with the 3dfx chipset until I learned that the drivers basically suck ass and are only available in binary form. If that's the only choice I have I'll stick with my less powerful but well supported SIS chipset motherboard that actually has BETTER drivers in linux (and supports more modes) than the manufacturer's "supported" windows drivers.

    9. Re:Get over it by Shippy · · Score: 2, Insightful

      Linux is an open source system, you should be able to run a fully usable linux system using nothing but open source components.

      And in a perfect world there would be no war or hunger.

      That is a hard requirement for Linux success, in the past, now, and in the future.

      No, that is a hard requirement that is going to further alienate the Linux community and make companies less likely to bother supporting their hardware on the platform. What this will result in is drivers made by the community that work, but don't have all the snazzy features you paid $$$ for.

      That's also why I have just a SoundBlaster 16 PCI. It does the trick and sounds good, but it's also just about the only card you can buy and take advantage of all its features.

      For example if 3D desktops becomes the standard open source 3D driver will need to be developed, if the gfx companies don't like that we need to take our money someplace else.

      Like.... somewhere else where they... build cool 3D graphics cards... and have open source drivers... which would be.... who? I'm also assuming this company would care enough about the few hundred to few thousand Linux customers they might get versus the few million Windows customers?

      For the record I do run nvidia binary driver today.

      Yep, thought ya did. Why didn't you take your money elsewhere?

      Personally, I think the Linux community needs to just deal. You can't have your cake and eat it, too. Maybe after Linux gains some significant user-base, you can demand things from product manufacturers. Until then, however, you should ease up a bit and just be happy that Linux is even supported.

      --
      -Shippy
    10. Re:Get over it by srwalter · · Score: 5, Informative

      This isn't about fanaticism. This is about the overworked lkml guys not supporting binary drivers for the companies.

      The kernel will happily load any modules you tell it to, binary or not, licensed or not. The reason this tag exists is so the loading of a binary driver will "taint" your kernel. That way when you submit a bug report, the kernel developers know that you had a binary only module loaded.

      In that case, they'll ask you to reproduce the produce without the binary module loaded. If the problem doesn't happen, it's the vendor's problem, and not Linux's. And rightly so.

      What's wrong with this?

      --
      Freedom is the freedom to say that 2 + 2 = 4
    11. Re:Get over it by bfields · · Score: 1
      the linux kernel developers need to get over their fanaticism about open-source drivers.

      Exactly how do you think turning on the "tainted" flag for binary drivers constitutes "fanaticism"?

      How am I a "fanatic" if I don't want to help debug a kernel that includes code that the author won't share with me?

      --Bruce Fields

    12. Re:Get over it by 0x0d0a · · Score: 1

      BUT... the linux kernel developers need to get over their fanaticism about open-source drivers.

      That's ridiculous. The only thing they're doing is not troubleshooting systems with drivers that they can't have the source to. It makes it incredibly difficult to debug a kernel when there's a driver running with access to the kernel's memory and something is breaking.

      Plus, as a user, I'd rather see more pressure for vendors to move to open-source, and this provides that. I derive a good deal of indirect benefit from open-source drivers, and this puts more direct pressure on vendors.

    13. Re:Get over it by Unknown+Lamer · · Score: 3, Insightful

      The Free Software movement was started my RMS because the spooler for the new Xerox printer installed at the AI Lab did not come with source code. It had a tendency to jam and not tell the user before he walked across the campus to retrieve his job. The old printer did this (IIRC) but RMS had the source and was able to notify the user (actually, all of the users with print jobs in the queue) so that the printer could be unjammed before a trip was wasted.

      Accepting non-free drivers is giving up your freedom. Personally, I use GNU/Linux because I am freed from the whims of the developer. If you wish to be a slave again please return to Windows or the Mac OS while the rest of us continue to use our Free Software.

      The driver argument is foolish anyway. If you really must keep things secret (e.g. wireless cards) then move more things into the firmware and make the driver more simplistic (e.g. only allow the driver for the 802.11 card choose the channel to broadcast over instead of the exact frequency).

      It's funny how you want to give in to non-free drivers when they are essentially the reason GNU/Linux exists in the first place.

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
    14. Re:Get over it by Lord+of+Ironhand · · Score: 2, Funny

      Have you actually seen the user agent string for Internet Explorer? It starts with Mozilla.

    15. Re:Get over it by Dr+Rick · · Score: 1

      Yow, head in sand... "If 3rd parties aren't prepared to play along, then they don't have to release linux drivers. They can't have it both ways." ... and they won't support Linux. And who wins in this scenario? Are you really trying to keep Linux an OS for the elite who can build a machine with the limited hardware supported by open source drivers. Get real, they want to protect there IP and some of their IP is embedded in their drivers.

      --

      Dr. Rick
      - "It's such a fine line between clever and stupid" (Nigel Tufnel)
      - Zort! (Pinky)
    16. Re:Get over it by sir_cello · · Score: 4, Interesting

      > For wireless cards, the FCC effectively prohibits it.

      To be clear, this is just as much a choice of the manufacturer who decides to put sufficient amount of the driver into software such that the device has to be certified as a "hardware and software" combination, not just "hardware" itself.

      I have participated in ETSI conformance testing: when you test the product against a known hardware and software combination, you are _held_ to that known hardware and software combination. If you alter the software (e.g. a new build), you need to recertify.

      This is entirely fair IMHO, otherwise a dodgy bug in the new version of the software causes RF splatter and destroys the spectrum.

      The issue here for the open source community is to either (a) convince the manufactures to put it all into hardware/firmware so that software is not part of the certification, or (b) separately certify the linux driver with the hardware.

    17. Re:Get over it by Nothinman · · Score: 1

      The drivers would work the same with a non-GPL license string, the problem is that when these drivers cause a problem and someone posts to lkml with a backtrace of an oops there's no quick way to tell that a binary-only module was involved so they may waste tons of time tracking down bugs they can't fix.

      If the drivers would say they're non-GPL then the lkml people would be able to say "talk to LinuxAnt, they have our source code but we don't have theirs so we can't help you" and move on to problems they can actually fix.

    18. Re:Get over it by MartinG · · Score: 1

      they want to protect there IP

      And the kernel developers want to protect their "IP" also.

      If the only way that can happen is for no drivers to be released by that vendor then that's what must happen. I'm not saying it's ideal - of course it's not. But the solution is not for the linux developers to give in and the manufacturers to get their way.

      Do you actually understand how unworkable linux would be if all the manufacturers only released binary drivers? I don't think you have the slightest idea how hard it can be to debug a kernel running ONE binary driver, let alone multiple ones.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    19. Re:Get over it by westlake · · Score: 1
      For example if 3D desktops becomes the standard open source 3D driver will need to be developed, if the gfx companies don't like that we need to take our money someplace else.

      ok. all we need to do is find an engineering team, an oem manufacturer and the venture capitalist willing to give away their technical secrets while taking on nvidia and ati for linux's share of the desktop market. no big.

    20. Re:Get over it by Spoing · · Score: 1
      1. BUT... the linux kernel developers need to get over their fanaticism about open-source drivers.

      It's not fanaticism. The Linux kernel developers didn't make that binary module. Why should they support -- or even look at -- something they didn't make?

      If the source is available, they might be interested. Since it's not, this quickly becomes painful and one-sided; the binary module developers can see the kernel source, but the kernel developers can't see the same from the binary module developers. (Gee! More work debugging something that can't be fixed!)

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    21. Re:Get over it by zangdesign · · Score: 1

      In that case, they'll ask you to reproduce the produce without the binary module loaded. If the problem doesn't happen, it's the vendor's problem, and not Linux's. And rightly so.

      Then someone should explain that to the companies that write the drivers, preferably politely. Some argument over binary-only vs. source coded drivers is all well and good, but not all companies are going to go along with it. If they choose not to, then it's their problem.

      This whole mess could have been settled with one or two well-written letters rather than all this vitriolic sound and fury on /.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    22. Re:Get over it by JabberWokky · · Score: 1
      Just as their drivers won't work properly unless they lie about it and claim to be GPL?

      But their drivers do work fine if they don't claim to be GPL. They can be any license they want. It's not an issue of interoperability, it's an issue of lying solely for the sake of misleading the user.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    23. Re:Get over it by nacturation · · Score: 1

      Right, as it always has because it mimicked the original closed source Netscape browser. Internet Explorer was using the "Mozilla/... " tag YEARS before the current Mozilla browser project got going. In a delicious bit of irony, now open source browsers are pretending to be the closed source Internet Explorer by spoofing IE's user agent string.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    24. Re:Get over it by fikx · · Score: 1

      I may not have the whole picture, but I do know that the module licence flags are there for technical reasons, not just "fanaticism". If a crash happens in the kernel and there's a binary module in the kernel, then how can a developer be sure he can trace and fix the problem? As far as I know, that was the main reason for the flags. So, the developers would burn there time and effort on a problem where they could potentially hit a brick wall.

      Binary drivers are fine, but don't ask the community to fix 'em. If it's binary, then there's only one place to go: the company.

      --
      AB HOC POSSUM VIDERE DOMUM TUUM
    25. Re:Get over it by Lussarn · · Score: 1

      Yep, thought ya did. Why didn't you take your money elsewhere?

      Mostly because those drivers aren't needed for a very usable system, the open source ones work well. But if I can no longer install a debian and have a desktop I think linux is toast.

      Linux need to stay away from vendor lockins, and being dependent on a hardware company to release drivers is a form of lockin. They also tend to only release for i386, which from a company standpoint probably make sence but Linux is known and loved for being able to run on whatever box you come up with and drivers are needed for other platforms too. Not to mention a port would in most cases take a day.

    26. Re:Get over it by shiftless · · Score: 1

      Accepting non-free drivers is giving up your freedom. Personally, I use GNU/Linux because I am freed from the whims of the developer. If you wish to be a slave again please return to Windows or the Mac OS while the rest of us continue to use our Free Software. ...

      It's funny how you want to give in to non-free drivers when they are essentially the reason GNU/Linux exists in the first place.


      You're making the ASSumption that *everybody* uses Linux for that reason, which is totally false. Some use it for the reliability and speed.

      I disagree that "accepting non free drivers is giving up your freedom". Exactly what freedom am I giving up? The ability to modify the driver? Big whoop, if a driver fails, I file a bug report. I'm not a driver author and I don't know enough about this vendor's hardware to make corrections, and I doubt you do either.

      On the other hand, the freedom I'm *gaining* is the freedom to run a new piece of hardware I couldn't run before. I run the LTMDM driver in FreeBSD to allow me to use the excellent Lucent LT Winmodem. It's just about the best modem available, IMO. What do you expect me to do, use some inferior crap out of protest that the driver is binary only?

      No thanks. This driver works perfectly, along with the evil NVIDIA binary-only driver. I think I'll quit worrying about trifling crap like whether or not a binary is open source or not, and start worrying about more important things like getting work done.

    27. Re:Get over it by kfg · · Score: 1

      . . .much of the value of the card is in fact in the driver and companies have a right to keep that under wraps.

      No, that would be much of the price of the video card, by creating an artificial shortage through a trade secret. Or, sometimes, even just the perception of such a shortage (as per Coke's "secret" formula).

      The value of a video card is in its effectiveness at producing video output, and that value is reduced by maintaining said trade secret.

      KFG

    28. Re:Get over it by Anonymous Coward · · Score: 0

      How is it "fanatical" to let a user know when a binary only module is being loaded?

    29. Re:Get over it by Anonymous Coward · · Score: 0

      "And in a perfect world there would be no war or hunger."

      What are you trying to say? Because it's hard we should just give up?

    30. Re:Get over it by bourne · · Score: 1

      There are many reasons companies cannot or will not make their driver source public.

      That's quite true, and has nothing at all to do with this case.

      No one is forcing them to open their source. They're quite welcome to keep it. What they're not welcome to do is lie about the status in a way that shifts the support burden of their buggy code onto open source developers. The purpose of the license registration is to keep developers from wasting time debugging kernel crashes that come from closed-source module code.

    31. Re:Get over it by dolphinling · · Score: 1
      Linux is an open source system, you should be able to run a fully usable linux system using nothing but open source components.

      As the parent poster said, the FCC prohibits wireless card drivers from being fully open source (I'm having a problem with that right now). IIRC This comes from their regulation that you're not allowed to give anyone means to increase their transmitting power above the legal limit. This should of course be killed, but as it stands there's no way to run a fully Free Linux system if you need a wireless card.

      --
      There are 11 types of people in the world: those who can count in binary, and those who can't.
    32. Re:Get over it by dinivin · · Score: 1

      What do you expect me to do, use some inferior crap out of protest that the driver is binary only?

      I don't think anyone is expecting or suggesting that. However, that doesn't mean that the driver developers should actively lie about the license that their code is under in order to get around mechanisms designed to let kernel developers know that you're using a binary-only module.

      Dinivin

    33. Re:Get over it by westlake · · Score: 4, Insightful
      Accepting non-free drivers is giving up your freedom. ... If you wish to be a slave again please return to Windows or the Mac

      Freedom means diffrent things to different people, but for most of us, I suspect, freedom is not ultimately defined by anything so trivial as access to the source code for a video driver.

      I am freed from the whims of the developer

      Then we can safely assume you are a master coder whose word is law in GNU/Linux?

    34. Re:Get over it by Unknown+Lamer · · Score: 1

      You do not gain freedom when you are able to use a piece of hardware you would otherwise be unable to use. Your life is made more convinient but you are now a slave to the author of the driver. Should the driver author decide to stop supporting you, well you are then SOL. The point of Free Software is that the software itself is free (liber if you know any Latin). The fact that the software is free limits the ability of any one person to use said software to exercise power over another person.

      Winmodems suck too. I got my external 56K U.S. Robotics modem off of eBay for $30. Is saving a few bucks worth using an inferior soft modem and therefore non-free drivers?

      I also do not speak for Open Source. I hate the Open Source movement. I am a member of the Free Software movement. The Free Software movement is about politics and not practicality. If a piece of software is non-free then it is not to be used. Doing so would be supporting proprietary software. Drivers are essential to the operation of any kernel (monolithic at least...L4 doesn't count). If the drivers are non-free you have infected the very base of your Free Software system.

      We have come quite far. It is foolish to slip backwards to a time when we were slaves to proprietary vendors. Today it is a graphics card driver. Tommorow it is everything.

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
    35. Re:Get over it by Anonymous Coward · · Score: 0

      Whoah nellie... check out the total waste of mod points. This started at 2, dropped to 1 (troll), then went up to 4 (insightful) and is now back at 1 (troll). Clearly there's a lot of people getting their idiological feathers ruffled who would prefer to moderate the parent posting into oblivion rather than disagree with the viewpoint. MUST PROTECT THE PRECIOUS GPL, MUST CENSOR ANY DIFFERENCE OF OPINION!

    36. Re:Get over it by Anonymous Coward · · Score: 0

      You think this discussion matters to either party?

      Oh, how cute.

    37. Re:Get over it by Anonymous Coward · · Score: 0

      I hate the Open Source movement

      Statements such as the above do nothing to help your case as not being perceived as fanatical and even somewhat dangerous.

      Save your hate for something that matters, like pistachio ice cream, or sweaters for dogs, or people who try to shake the table when you're playing Jenga.

    38. Re:Get over it by MenTaLguY · · Score: 4, Insightful

      This isn't fantacism, it's pragmatism.

      Regardless of why it was proposed, the reason Linus finally accepted the MODULE_LICENSE stuff was that everyone was wasting a LOT of time trying to track down bugs that ended up being caused caused by binary-only drivers.

      The effect of MODULE_LICENSE is mostly just to mark the kernel as "tainted" -- its internal state affected by code which isn't available for the kernel developers to consult when debugging.

      This shows up in crash dumps, so if someone posts dump of a crash in which binary drivers were involved, the kernel developers know upfront not to bother (the bug has "crossed the county line", so to speak).

      Linuxant's excuse is that the tainted message was too confusing for users (they don't appear to have any qualms about wasting kernel developer time).

      Of course Linuxant's proprietary code which they can't let anyone see is pristine and perfect, and could never, ever be the cause of a bug...

      --

      DNA just wants to be free...
    39. Re:Get over it by Chester+K · · Score: 1

      This isn't about fanaticism. This is about the overworked lkml guys not supporting binary drivers for the companies.

      You know, if they really don't want to support binary-only drivers for companies, all they need to do is the one thing Linus has already stated they're not going to do: provide a clean, well-described, frozen external API for drivers.

      ....then change the Linux build scripts to randomize all the values for appropriate #defines throughout the kernel (syscall numbers, internal function names, etc). It thereby becomes impossible to work with the kernel internals without your source being available since it will need to compile on each individual system to inherit that system's randomzed #define values -- so if you want to keep your source closed, you must work only with the frozen external API.

      --

      NO CARRIER
    40. Re:Get over it by srwalter · · Score: 1
      ....then change the Linux build scripts to randomize all the values for appropriate #defines throughout the kernel (syscall numbers, internal function names, etc). It thereby becomes impossible to work with the kernel internals without your source being available since it will need to compile on each individual system to inherit that system's randomzed #define values -- so if you want to keep your source closed, you must work only with the frozen external API.


      And how does that help again? If this magical frozen API is going to do anything useful, it will still be possible for binary-only modules to fubar the state of the system. And when that happens, hapless users will /still/ go whining to lkml about how Linux sux because their system crashes.

      I suppose your response then is that this frozen API should use rigorous sanity-checks on all inputs to ensure that the system can't enter an inconsistent state through them.

      That's a lot of coding. You'd better get crackin'
      --
      Freedom is the freedom to say that 2 + 2 = 4
    41. Re:Get over it by afidel · · Score: 1

      Actually that's a red herring as no card out there can boost its output enough to go over the limits without an end user modified antennae anyways. The real reason for no open source drivers is that the chipset manufacturers sell the chipsets and driver development kits to the card manufacturers for loads of money, so having freely available drivers limits them to only selling the hardware. As an example Cisco has a fully open source driver for their 802.11b cards because they designed the chip themselves rather than relying on a third party provider so they were free to make open drivers.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    42. Re:Get over it by black+mariah · · Score: 1

      And how many open source projects CLAIM to be a closed project in order to gain compatibility?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    43. Re:Get over it by Rutulian · · Score: 1

      BUT... the linux kernel developers need to get over their fanaticism about open-source drivers.

      Why? Companies and independent developers have contributed their time and resources to develop a free and open operating system kernel. Why should they "get over" the fact that other companies are seeking to come in and use their work without playing the same game? I have no problem with for-profit companies writing for and contributing to an open source project, but they need to play by open source rules.

      The value of the hardware is not in the software (unless you call optimizing for benchmarks value). That is just what the companies want you to think. NVidia can't release open source drivers (so they say) because of a proprietary OpenGL implementation. There is no trade secret there, it is just intellectual property they don't own and therefore can't license arbitrarily. If they really wanted to release open source drivers, they could use a free implementation of OpenGL.

      Wireless card manufacturers, if they designed their cards right and fixed the transmitter gain instead of allowing their driver to set it, could also release open source drivers. The FCC isn't preventing it, the manufacturers are just using it as an excuse.

      There is a lot to be gained by linux users if hardware drivers are open sourced (compatibility, convenience, security, better integration). The only things keeping them closed are stubborn companies and complacent users.

    44. Re:Get over it by Rutulian · · Score: 1

      You can't have your cake and eat it, too.

      Ummm...why? If you want to use a closed system, why don't you use Windows? The open source nature of linux has made it what it is. It wouldn't exist if it wasn't open source. So why should the linux community just accept the fact that *hardware* companies aren't willing to release open source *software*.

      Companies aren't doing the linux community a favor by releasing drivers (a common and very shocking misconception). Companies are money-making entities. They don't do things altruisticaly. If they are releasing drivers, it is because they perceive a market and they want to capture it. They want linux users to buy their hardware, so why do linux users have a problem with making demands?

    45. Re:Get over it by ajs318 · · Score: 0

      Bollocks. There is never any good reason for closed-source drivers. If I have bought a piece of hardware and paid for it with my own money, earned through my own graft, whether by hand or by brain, then I have the right to know everything about that piece of hardware. The manufacturer has no right to prevent me using it in whatever the hell way I choose. Closed source drivers are not good enough. I might not want to use it with Windows. I might not even want to use it with Linux -- I might want to write my own operating system from scratch. This is all part of my right of quiet enjoyment -- and my purchase receipt is proof of this right.

      It really is time the law was changed to compel hardware manufacturers to release, if not an open source driver then sufficient details to enable any competent programmer to write a driver -- or be barred from selling their products. Screw the whingeing about "competitors might discover our secrets" -- we are the consumers and we pay their wages.

      Now, another interesting question is this. If somebody promises you something but makes it obvious that they were lying, have you the right to hold them to that promise anyway?

      --
      Je fume. Tu fumes. Nous fûmes!
    46. Re:Get over it by cubic6 · · Score: 1

      Perhaps if the kernel guys didn't change the module APIs or actually tried to preserve compatibility between minor kernel versions, the vendors would be able to support Linux without so much work. In my experience, that's where the majority of problems with binary-only drivers come from.

      Vendors don't want to have to support and maintain slightly different drivers for 2.4.22, 2.4.23, 2.4.24, 2.6.1, 2.6.0, 2.6.1, 2.6.2, 2.6.3, and 2.6.4! Stabilize a binary driver API and never make a non-backwards-compatible change.

      --
      Karma: Contrapositive
    47. Re:Get over it by Eil · · Score: 1


      BUT... the linux kernel developers need to get over their fanaticism about open-source drivers.

      Sorry, but this "fanatacism" that you speak of is the whole reason that the open-source movement is going as strong as it is today. Closed-source proprietary software sucks, but it *really* sucks when it's the operating system kernel and drivers.

      I think it was Rob Malda who said at Penguicon that his personal picture of ideal software licensing looks something like an inverted pyramid. At the lowest level you have firmware and the OS kernel, which should be as open and free as humanly possible. As you go higher, you have a whole lot more software that depends on the lower levels but gets more and more specialized and is used by fewer and fewer people. At the very top, you have ultra-specialized apps that are closed-source and the developers can charge whatever they want for them because they tend to serve extremely narrow markets and the companies that have the cash to spend on them.

      Closed-source kernel modules have no place on this map. In my opinion, GPL'd kernel modules don't even have a place on this map, but I can tolerate it to some extent. I see little difference between closing wireless drivers to prevent FCC violations and banning the possession of knives to prevent stab wounds. Those who have a strong desire to violate either most often find a way to do so, and those with a legitimate reason to have access to them just have to suffer.

      Also note that this isn't just fanaticism, it's also about legality. Technically, you are violating the GPL by loading closed-source modules into GPL'd software (e.g. the Linux kernel). Read Linus's take on it.

    48. Re:Get over it by Anonymous Coward · · Score: 0

      Linux is an open source system, you should be able to run a fully usable linux system using nothing but open source components.

      That is a hard requirement for Linux success, in the past, now, and in the future.


      Absolutely 100% agree with that statement.

    49. Re:Get over it by Error27 · · Score: 1

      >>Then we can safely assume you are a master coder whose word is law in GNU/Linux?

      Programming is not so hard. People act like it's a lot harder than it really is.

      If there is something that bothers me enough about software, then I might eventually get off my lazy tail end and fix it. It's been known to happen. It's no big deal...

    50. Re:Get over it by shiftless · · Score: 1

      You do not gain freedom when you are able to use a piece of hardware you would otherwise be unable to use. Your life is made more convinient but you are now a slave to the author of the driver. Should the driver author decide to stop supporting you, well you are then SOL. The point of Free Software is that the software itself is free (liber if you know any Latin). The fact that the software is free limits the ability of any one person to use said software to exercise power over another person.

      Again, why do I need support? My modem isn't changing, and the drivers work just as-is. Nothing can go wrong that would require access to any source code to fix.

      Winmodems suck too. I got my external 56K U.S. Robotics modem off of eBay for $30. Is saving a few bucks worth using an inferior soft modem and therefore non-free drivers?

      Actually, your external modem (I'm assuming it's a serial model) is inferior, because it is unable to take full advantage of modem compression due to limited serial port speed. So, to answer your question, not only did I save a few bucks but I got a better modem to boot.

      I also do not speak for Open Source. I hate the Open Source movement. I am a member of the Free Software movement. The Free Software movement is about politics and not practicality. If a piece of software is non-free then it is not to be used. Doing so would be supporting proprietary software. Drivers are essential to the operation of any kernel (monolithic at least...L4 doesn't count). If the drivers are non-free you have infected the very base of your Free Software system.

      No offense intended, but while the Open Source guys sort of have a point, I think the Free Software movement is nuts. There is absolutely nothing wrong with proprietary software (if by proprietary you mean closed-source, restricted license, for-sale software). There is nothing wrong with a company or person making a good piece of software profiting from it. If I am wrong about your definition of proprietary software please correct me.

      We have come quite far. It is foolish to slip backwards to a time when we were slaves to proprietary vendors. Today it is a graphics card driver. Tommorow it is everything.

      I disagree that I'm "slipping backwards" by using a single closed-source modem driver. What, 99.8% of Linux drivers are free and open and you think the other 0.2% are a problem? I don't think so.

      Please understand that while you have your reasons for using free software, others have theirs too and it's not necessarily the same. My reason for using BSD over Windows is primarily for stability, security, ease of administration, and overall usability (to me, once you get used to the UNIX way of doing things, it's *so* much superior). The fact that everything is free is definitely a bonus.

      But I don't mind paying for good software. Free software is not going to go away or be diminished just because people continue to use proprietary software.

    51. Re:Get over it by zangdesign · · Score: 1

      Nobody ever listens to the moderate voices (even the ones in their head).

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    52. Re:Get over it by stock · · Score: 1
      Modules should not lie about their licenses. Fine.
      BUT... the linux kernel developers need to get over their fanaticism about open-source drivers. There are many reasons companies cannot or will not make their driver source public. For wireless cards, the FCC effectively prohibits it. For video cards and others, much of the value of the card is in fact in the driver and companies have a right to keep that under wraps.

      The FCC prohibits WiFi vendors to release the source code? Whats up with my orinoco silver card then? If i have this old carton box which contains 50 older orinoco silver cards, and put em for sale on eBay, i am hitting the jackpot? Is that what you mean?

      OR does it mean when looking for refurbished Alpha hardware, you will still pay insane prices for older hardware? Do we have to conclude here, that in order to purchase 100% Open Hardware your wallett will be milked completely empty?

      Maybe its time the FCC got back to its roots, and its current president should be indicted.

      Robert

    53. Re:Get over it by Unknown+Lamer · · Score: 1

      I can program, yes. I have a bit of code in the scripting layer of GLAME, some code in Guile (I rewrote format to be reentrant and submitted a fix or two for the slib module), and I maintain Bobot++.

      I am not especially amazing at programming but I can do what I have to to get around. Perhaps you should read the Philosophy of the Free Software Foundation in order to understand why I say the ability to use a hardware gadget is convinience and not freedom.

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
    54. Re:Get over it by Unknown+Lamer · · Score: 1

      Actually, your external modem (I'm assuming it's a serial model) is inferior, because it is unable to take full advantage of modem compression due to limited serial port speed. So, to answer your question, not only did I save a few bucks but I got a better modem to boot.

      Really? Last time I checked line compression was done on the computer, not on the modem.

      And proprietary does not mean commercial. Free also does not mean non-commercial. RedHat is a company who makes money off of Free Software. I have absolutely no problem with paying for Free Software. I do have a problem with even gratis proprietary software.

      If you believe in the ideals of Free Software then accepting any proprietary software is a a set back.

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
    55. Re:Get over it by shiftless · · Score: 1

      Really? Last time I checked line compression was done on the computer, not on the modem.

      Nope, the modem does hardware compression (V.44 being the latest and best standard) on board. The data is decompressed on the modem, then sent over the serial link. In many cases the serial link does not have enough throughput to handle this, especially when you're talking about text files and the like where compression can reach 10-15:1.

      Thus the need for a DSP instead of a serial link to transport data from modem to computer. However, standard serial drivers obviously can't control it, so that's why you need a special driver.

      There's also another type of modem (the kind we all know and hate) which is totally software based. All processing is done in software. In other words, it's not really a modem, just a codec that converts from analog to digital then puts the data right in memory. *That's* the kind many people erroneously think about when they hear the phrase "Winmodem". "Softmodem" is more appropriate term. A "Winmodem" or "hardware DSP" modem is the good stuff.

    56. Re:Get over it by Unknown+Lamer · · Score: 1

      I use deflate compression in software and have V.44 disabled via a dip switch on the back of my modem. I have a Dual AthlonMP 2800+ so doing this doesn't really have any disadvantage. Winmodem is a U.S. Robotics/3Com trademark and indeed refers to a specific brand of pure soft modem. I don't see why a proprietary driver would be needed; simply emulate a serial port in the hardware and expose this virtual faster-than-normal serial port to the software (with a new driver to deal with the ability to set higher speeds if needed).

      USB hardware modems don't cost much and there is no way a 56k datalink will ever use 11Mbps so a real hardware modem is still an option.

      I finally upgraded my dialup connection to cable today so it is a non-issue now.

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
    57. Re:Get over it by shiftless · · Score: 1

      Winmodem is a U.S. Robotics/3Com trademark and indeed refers to a specific brand of pure soft modem.

      Yes. It's kinda of confusing though, because the term is commonly used to refer to hardware modems (with on-board DSPs) as well, since they also require special software to operate.

      In actuality there are some good software modems out there. For example the SV92p chipset from Lucent (Agere). It's a really good chipset with great performance, but unfortunately there are no Linux drivers.

      I don't see why a proprietary driver would be needed; simply emulate a serial port in the hardware and expose this virtual faster-than-normal serial port to the software (with a new driver to deal with the ability to set higher speeds if needed).

      I'm sure that could be done, but that would require extra hardware. Really, it's not necessary, because it's just as easy to write a new driver.

      USB hardware modems don't cost much and there is no way a 56k datalink will ever use 11Mbps so a real hardware modem is still an option.

      Just because it's external doesn't mean it's a hardware modem. All current-generation US Robotics modems, external/internal/USB, are software modems. I found this out the hard way, of course.

      I finally upgraded my dialup connection to cable today so it is a non-issue now.

      Lucky bastard! No cable available here.. :(

    58. Re:Get over it by Unknown+Lamer · · Score: 1

      I haven't had a soft modem for years (I've been running GNU/Linux full time for about three years now) so I had no idea that the newer ones were actual hardware modems. I just knew to stay the hell away from PCI modems.

      I don't see how it would require any extra hardware to emulate a serial port over PCI. It's all in the firmware.

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
  7. Poor processes by heironymouscoward · · Score: 3, Insightful

    Part of every attempt to legislate (which the kernel's interrogation of drivers is) should include the question "how will people cheat, and how can we stop this". Otherwise this kind of game is inevitable.

    (And if the answer to the question is: "people will cheat and we can't stop them", then there is little point in playing legislator.)

    --
    Ceci n'est pas une signature
    1. Re:Poor processes by LostCluster · · Score: 1

      Bringing in the lawyers is the only way to stop GPL violators. There's just no technical way to test whether somebody who's claiming to comply with the GPL is really doing so.

      They could have just put "GPL" in the string and the kernel would be fooled all the same.

    2. Re:Poor processes by heironymouscoward · · Score: 2, Interesting

      Bringing in the lawyers is the only way to stop GPL violators.

      It's true when it comes to closed products (like DVD players). But not when it comes to drivers that the kernel can actively choose to load or reject.

      All it takes is a community-moderated database of drivers and their GPL-conformancy status. A non-conformant driver would be rejected by the kernel. Its authors would have to release the source code and have this vetted.

      Something like the GPL equivalent of trusted computing.

      --
      Ceci n'est pas une signature
    3. Re:Poor processes by elmegil · · Score: 1

      If you are so tied up in knots that you absolutely don't want to load any non-GPL drivers in your kernel, it should fall to you to do the requisite investigation. A community website describing the state of affairs might be a good resource for such people, but making the kernel automatically do this for you is ludicrous. Not to mention, let's see, how hard would it be to do at least short term DoS attacks by putting bogus entries into the database? The community responds quickly, but not instantanously.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    4. Re:Poor processes by Spoing · · Score: 1
      1. Part of every attempt to legislate (which the kernel's interrogation of drivers is) should include the question "how will people cheat, and how can we stop this". Otherwise this kind of game is inevitable.

      I agree, though remembering how I solve security problems where people work-around security procedures leads me to think that what Willy Tarreau wrote looks like a good first start;

      1. What would be smarter would be to try to understand why they do this. At the moment, it seems to me that their only problem is to taint the kernel. Why ? I don't this that any old modutils/module-utils found in any distros don't load properly such modules. So perhaps they only want not to taint the kernel because it appears dirty to their customers who will not receive any more support from LKML. So perhaps what we really need is to add a new MODULE_SUPPORT field stating where to get support from in case of bugs, oopses or panics on a tainted kernel. Thus, the module author would be able to insert something such as "support_XXX@author.com" which will be displayed on each oops/panic/etc... Even if this is a long list because the customer uses connexant, nvidia, checkpoint and I don't know what, at least he will get 3 email addresses for his support. And it might reassure these authors to know that the customer will ask them before asking us with our automatic replies "unload your binary modules...".

      If it turns out this is also ignored, then make it more restrictive.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    5. Re:Poor processes by The+Conductor · · Score: 2, Insightful

      how will people cheat, and how can we stop this

      The discussion on LKML makes it look like the developers, in their attempt to enforce truthful taint flags, are responding in a way that is headed for a cat-and-mouse game of the sort we see in the spam wars. We all know how ugly that can get. I see two ways out, both techniques borrowed from the spamwar trenches.

      • (1) Trademarks: A company gets in the business of certifying drvers as GPL, and allows a unique string to be embedded in the binary. Because the taint function is purely informative, binary-only driver makers can't claim a need to use it, unlike, for example, the filenames IBMBIO.COM and IBMDOS.COM.
      • (2) Crypto web-of-trust: For a kernel to accept a module as open source, it must have a trusted signature.

      Both apporaches require some infrastructure, so there is work to be done now to save a greater amount of work later.

    6. Re:Poor processes by Anonymous Coward · · Score: 0

      Whatever, end users could just patch Linux to ignore your "driver rejection system", and there's nothing that you could do about it.

    7. Re:Poor processes by Anonymous Coward · · Score: 0
      For pretty much any design decision, the first thing you need to do is nail down exactly what benefit you hope to get from the decision. The next question is whether your proposed solution will actually achieve your goals well enough to be worth doing.

      The first answer is pretty clearly defined: Linux developers don't want to work on kernels that have non-free modules. So they need an easy method of detecting those kernels. But... there's already an easy method, it's called "asking." The only logic I can think of here is that the devs assume that if they ask the users, the users will lie. So this is a way to make it harder for users to get away with it.

      The problem is, of course, that this approach doesn't actually change anything. A user who knows enough to lie about the presence of non-free modules will also know enough to alter the output of kernel dumps (trivial enough). Or he can just change the source to disable the taint checks entirely. Or any other number of things. This isn't DRM by a long shot, but the methods are very similar... and there's no way DRM can work without secrecy. You just can't have secrecy in open source.

      It seems to me the Linux devs need to take a long, hard look at what exactly they are trying to accomplish here, and how module license strings are going to help them with that.

    8. Re:Poor processes by Eivind · · Score: 1
      Question is, are they releasing under GPL ?

      Assume the following:

      • I download their drivers, direct from their homepage, and compile the module.
      • Somewhat later I start to wonder what license the thing really is under.
      • So I use modinfo as per the standard. When I do so, the license is listed as "GPL".
      • This is the *intended* result. They *deliberately* made the string so that that would be displayed.
      • I assume they mean what they say, and treat the module as if it is GPL.
      I don't think they'd have a leg to stand on if they later wanted to try to punish me for breaking their license.

      Everything I did was perfectly reasonable. I was not in the least careless. The fact that I'm confused about their intended license is a *sole* result of the fact that they themselves *deliberately* misled me.

      There's something called estoppel. It basically says a single entity cannot contradict itself to the detriment of others. Thus, one single company cannot at the same time deliberately have their modules print "GPL" when queried over the standard interface as to the license, and at the same time try to have me punished for believing that the module is in fact GPL.

    9. Re:Poor processes by Rocinante · · Score: 1

      And this would come into play if, say, Linuxant tried to stop you from redistributing a modified version of this binary. I think you're right, they wouldn't have a leg to stand on. The question, though, is whether they can be compelled to either release the source of the drivers or stop distributing software that claims to be GPL-licensed but isn't.

      --
      Just trying to open someone's head! I mean "mind!" Open someone's mind, um, to the possibilities! With explosives!
    10. Re:Poor processes by DA-MAN · · Score: 1

      # (1) Trademarks: A company gets in the business of certifying drvers as GPL, and allows a unique string to be embedded in the binary. Because the taint function is purely informative, binary-only driver makers can't claim a need to use it, unlike, for example, the filenames IBMBIO.COM and IBMDOS.COM.
      # (2) Crypto web-of-trust: For a kernel to accept a module as open source, it must have a trusted signature.


      The last thing we need is a Verisign of the Linux Kernel.....

      Seriously, there aren't that many companies that do Linux drivers at all. Most companies that release binary only drivers don't lie about it. This is hardly going to be the big problem of the future like spam.

      --
      Can I get an eye poke?
      Dog House Forum
  8. Re:Linus' E-mail in case of slashdotting by Trigun · · Score: 1

    suspect that rather than blacklist Black people

    Careful guys, body text troll.

  9. Are they really 'lying'? by Richard_at_work · · Score: 4, Interesting

    Interesting story, considering the gray area many consider binary modules to be. Linus has said that he considers binary modules to not be far enough removed from GPL code and thus infringing, but since binary modules have been around since very early on in the kernels development history without any enforcement of the GPL with regards to them, wouldnt that potentially count against the GPL applying to binary modules if someone did decide to take action? Doesnt the whole idea of kernel license strings interfere with this view as well? If modules are infringing if they arent GPL, then why would they need to tell the kernel that they arent under the GPL? Also, where in the Kernel license does it require you to be truthful to the kernel about your modules license? Nowhere, because it cant. The GPL will not allow you to put that limitation on use of the kernel. Again, it comes back to wondering about the legality of binary modules.

    Personally, I dont use linux and as such, this doesnt directly affect me. But still, it raises interesting questions about how far removed code has to be to be able to be licensed differently. The kernel module API is a publically available API, and Linus does not consider this to be far enough removed. So what is? Does the kernel have to adhere to the CPUs or Motherboards firmware license, because its using a publically available API just like kernel modules are?

    Interesting. Very interesting!

    1. Re:Are they really 'lying'? by onta · · Score: 1

      that's the point of having to tell the kernel, so that it can make available to the module only the public part of the API if the module is not GPL-compatible.

      IIRC linus also said in the past that sticking to using that API does not automatically make the module a non-derivative work.

    2. Re:Are they really 'lying'? by Anonymous Coward · · Score: 0

      But still, it raises interesting questions about how far removed code has to be to be able to be licensed differently.
      It raises no interesting questions. If the code is a derivative work it must comply with the licence. This is a legal question and as such is completely uninteresting.

    3. Re:Are they really 'lying'? by julesh · · Score: 1

      since binary modules have been around since very early on in the kernels development history without any enforcement of the GPL with regards to them, wouldnt that potentially count against the GPL applying to binary modules if someone did decide to take action?

      No. That idea only applies to patents, I believe. You're perfectly entitled to enforce your copyrights as selectively as you like. You could only ever sue microsoft, if the desire took you (and you could prove they had infringed your copyright), no matter how many other people are doing it.

    4. Re:Are they really 'lying'? by Richard_at_work · · Score: 1

      I thought it was patents that you could selectivly defend (IE recent EOLAS issue with the loadable extensions within IE and mozilla, only taking action against IE tho), and copyrights and trademarks were the ones that needed to be vigorously defended to remain current (otherwise they may fall out of the realm of copyrightability, trademarkability)?

    5. Re:Are they really 'lying'? by c · · Score: 1

      If modules are infringing if they arent GPL, then why would they need to tell the kernel that they arent under the GPL?

      The GPL only kicks in when distribution happens.

      There's absolutely no reason why a company can't write a non-GPL driver for internal use and not make it available publically. In that case, a license string "for internal Foobar Inc. use only" is perfectly legit.

      c.

      --
      Log in or piss off.
    6. Re:Are they really 'lying'? by starm_ · · Score: 1

      Well the kernel is mostly just a bunch of drivers. So if you say you don't apply the GPL to the drivers you pretty much say you don't apply the GPL on most of the kernel.

      "Also, where in the Kernel license does it require you to be truthful to the kernel about your modules license? "

      It doesn't really mater because humans can also read the code. If you lie to the kernel, you lie to people that read your code.

    7. Re:Are they really 'lying'? by mpe · · Score: 1

      The GPL only kicks in when distribution happens.

      We have distribution happening here.
      Distribution of a binary module which claims to be "GPL".

      There's absolutely no reason why a company can't write a non-GPL driver for internal use and not make it available publically.

      It dosn't matter if the distribution is "public" or not. Distributing to one other party is still "distribution".

    8. Re:Are they really 'lying'? by c · · Score: 1
      We have distribution happening here.

      Yeah, I know. I was replying to the comment that being able to specify a driver license as non-GPL is useless because all drivers must be GPL. That's entirely wrong, of course.

      It dosn't matter if the distribution is "public" or not. Distributing to one other party is still "distribution".

      Bullshit.

      According to the FSF, anyhow. I figure they'd know about these sorts of things...

      c.

      --
      Log in or piss off.
    9. Re:Are they really 'lying'? by Anonymous Coward · · Score: 0

      > Are they really 'lying'?

      Yes.

      The rest of your post is based on the incorrect premice that Linus feels all binary modules infringe on the GPL. He has explained his views on binary modules in the past and doesn't feel that way.

  10. Re:Linus' E-mail in case of slashdotting by ad0gg · · Score: 0, Troll
    To circumcise our members MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration:

    I sure hope they cut it out and stop trying to hack their way around the gpl.

    --

    Have you ever been to a turkish prison?

  11. Linus' take by Call+Me+Black+Cloud · · Score: 2, Funny


    If we wait in this pumpkin patch long enough, the Great Pumpkin will rise up and give out toys. It will then float to the offices of the evil developers and smite them.

  12. Re:circumcise?! HELLO, MCFLY?! by Zweistein_42 · · Score: 2

    The original Linus e-mail was changed in that "helpful" reposting. Words like "Circumsise" and "vomit" were not present in the original (haven't bothered to check for other transgressions).

    --
    - To err is human; but to really screw up, you need a computer
  13. Can't get over it by Rotworm · · Score: 5, Interesting

    I don't believe that. Companies that make hardware shouldn't be so dogged about protecting their software. I buy a router/etc for the hardware, not for the companies excellent firmware. I don't see why companies should protect their firmware at all, if it's open source, more people will buy their hardware.

    1. Re:Can't get over it by REBloomfield · · Score: 4, Insightful

      Actually, I buy hardware based on how well it does the job, how well it performs, how reliable it is. The firmware could be written in elbonian pictograms for all i care, and i would hope that most people buying IT hardware do the same thing.

    2. Re:Can't get over it by dave420 · · Score: 3, Insightful
      Without the firmware, that router of yours would cease working. Whether you know it or not, every purchase of hardware you buy for your computer is dependent HEAVILY on the firmware. It's the same with drivers, and owing to the fact it's easier and cheaper to change something in sofware than hardware, more and more will be done in drivers/firmware, which means this will get even more common.

      If you can't find it in your heart to accept binary drivers, maybe computers aren't for you ;) j/k

    3. Re:Can't get over it by Rotworm · · Score: 4, Interesting

      Without the firmware, that router of yours would cease working.
      Give more credit than that.
      I realize they won't work, but firmware should not be a core component of a hardware company, they should work on their hardware first, and not consider firmware a company-breaking secret technology.
      For instance, open firmware makes this possible.

    4. Re:Can't get over it by fostware · · Score: 1

      Tell us whether your precious features are fully hardware or part software. It's too hard to tell these days. Just have a look at PATA RAID, and modern sound cards.

      --
      "We know what happens to people who stay in the middle of the road. They get run over." - Aneurin Bevan
    5. Re:Can't get over it by Kenja · · Score: 5, Insightful
      " I buy a router/etc for the hardware, not for the companies excellent firmware."

      The hell you say. A Cisco router is just a CPU and some RAM with a few IO ports thrown in. Its the IOS firmware and software that makes it do its thing.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    6. Re:Can't get over it by aug24 · · Score: 1

      This is a horrible perspective, and it ties in to the whole idea of software patenting.

      Having purchased the hardware, the driver/firmware is nothing more than a set of instructions which may or may not be specific to that hardware (I'm thinking about WinModems for example).

      If you accept that there can be IP (the famous nebulous phrase) in that driver/firmware then you are accepting that people should be allowed to protect ideas (patent-style), rather than expressions of ideas (copyright-style).

      Open sourcing your driver/firmware does not remove your protection under copyright law. This is just about people trying to keep ideas that they can't patent under lock and key. It should be fought tooth and nail.

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
    7. Re:Can't get over it by Kenja · · Score: 1

      So by your logic, Linux should just drop the whole GPL idea. After all, the OS nothing more than a set of instructions which may or may not be specific to that hardware.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    8. Re:Can't get over it by jridley · · Score: 3, Insightful

      That's a ridiculous statement. The firmware IS the router. Without the firmware, the router is a few of off-the-shelf ethernet chips and a processor. The only difference between many different products is the firmware.

      When you buy a router, you're buying the function of routing. That's nearly 100% implemented in the firmware (for consumer-level routers, probably IS 100%). The hardware is just there to support the firmware's function.

    9. Re:Can't get over it by Jim_Maryland · · Score: 2, Insightful

      firmware should not be a core component of a hardware company

      Firmware can be valuable intellectual property just like any other hardware/software. If a company chooses to keep it closed, that is their decision. If you don't like it, don't buy that piece of hardware. Unfortunately, you'll probably find a small selection, at least today.

      If a company finds a drop in sales due to keeping closed source, they'll change their business model to be competitive. If on the other hand most people don't care, they haven't given away their 'secrets' while still supporting customer usage.

    10. Re:Can't get over it by Pharmboy · · Score: 1

      The hell you say. A Cisco router is just a CPU and some RAM with a few IO ports thrown in. Its the IOS firmware and software that makes it do its thing.

      Another example would be the computer. Two identical computers, one is setup for as a Linux router for 100 DHCP clients, the other is a Windows 98 game box. It is everything on THIS side of the hardware that decides this, not the hardware itself. Even the same software can run on different hardware (Linux router on MIPS, Alpha, x86, Athlon 64, G5, etc).

      Personally, I don't see the problem with using binary only drivers. I would prefer to use hardware with open sources, and I can make that decision when I purchase the hardware. This makes me more likely to buy ATI instead of nVidia, for example. But then its MY choice, not the kernel nazis. I thought that is what Linux was all about, Free as in speech, not as in beer.

      Yes, putting the GPL\O is pretty sneaky to get around GPL restrictions, but maybe the restrictions are the problem, not the fact that some company wants to sell firmware for Linux.

      --
      Tequila: It's not just for breakfast anymore!
    11. Re:Can't get over it by Draknor · · Score: 2, Insightful

      No - GPL is a copyright license, which is exactly what the parent to your post was saying. Open-sourcing source code does not remove copyright protections (ie GPL).

    12. Re:Can't get over it by jrockway · · Score: 0

      You're misreading what he said. He says that the ideas are copyrighted. You can't go around claiming you wrote Linux. But the ideas behind Linux (scheduling algorithm, etc, etc) are in the open! You can't copy the code verbatim to a non-GPL'd project but you can take ideas all you want.

      With a driver, you can't take code OR ideas. The grandparent wants ideas open (and source code protected so that you can't copy source verbatim, you have to implement it yourself). I think.

      --
      My other car is first.
    13. Re:Can't get over it by Anonymous Coward · · Score: 0

      The problem lies in the fact it is largely firmware, not hardware, that seperates Quality hardware from the wallmart special. The hardware is largely all the same on the devices and more then likely given to the companies in a final state in a reference design. In many respects your views don't reflect the industry, unless devices have ASIC in them the chip manufacturers spend most of the capitol on design the hardware and the hardware manufacturers write make changes to suit their needs. Firmware is the biggest thing of value to come out of hardware manufacturers R.D. efforts.

    14. Re:Can't get over it by Anonymous Coward · · Score: 0

      "If you can't find it in your heart to accept binary drivers, maybe computers aren't for you ;)"

      Well, that's flamebait if ever I saw it. Suggesting that someone leave the computer industry because they don't have the same political view as you is really low and dirty. Christ, even the FSF (whom I respect greatly) don't go that far; and people have the nerve to call them fanatics.

    15. Re:Can't get over it by Anonymous Coward · · Score: 0

      "Actually, I buy hardware based on how well it does the job, how well it performs, how reliable it is."

      Your an idiot then. Thankfully though, people such as yourself who value personal convenience ahead of moral and political considerations, are few and far between.

    16. Re:Can't get over it by MSZ · · Score: 1

      It's not always that simple. That company might have had licensed dozen pieces of code, some patents and other assorted intellectual "property" to get the thing to work, each with it's own licensing terms. They may by unable to provide source drivers and comply with licences. Whether we like current I"P" laws (we don't), they are the reality.

      On the other hand, Linus' crusade against binary drivers is somewhat unreasonable.

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    17. Re:Can't get over it by Senjutsu · · Score: 5, Insightful

      Personally, I don't see the problem with using binary only drivers.

      Neither do the kernel developers; the -great-great-etc-grandparent's assertion that they actively refuse to allow all things closed source was a straw man. All the kernel developers want to be able to do is have the kernel note when it is running a closed-source driver, so that they can easily filter out bug reports that would require them to have access to sources they don't have. They don't want to get blamed for problems caused by someone else's code whom they can't do anything about. Who in the hell can fault them for that?

      But then its MY choice, not the kernel nazis. I thought that is what Linux was all about, Free as in speech, not as in beer.

      It is your choice. The "kernel nazis" are in whole hearted agreement. They just want to be able to mark kernel dumps from kernels they can't fix. Their choice. Comprende?

    18. Re:Can't get over it by Anonymous Coward · · Score: 0

      who value personal convenience ahead of moral and political considerations, are few and far between

      HAHAHAHAHA!! Tell me another tall tale grandpa!

      Oh, that's the funniest and saddest thing I've seen all day.

    19. Re:Can't get over it by Anonymous Coward · · Score: 0
      I don't believe that. Companies that make hardware shouldn't be so dogged about protecting their software. I buy a router/etc for the hardware, not for the companies excellent firmware. I don't see why companies should protect their firmware at all, if it's open source, more people will buy their hardware.

      You're an idiot.

    20. Re:Can't get over it by Anonymous Coward · · Score: 0

      30 years ago, your position might be okay. Nowdays though, most hardware is basically a specialized software platform. Even routers and ink cartridges.

      So it's pretty important to me as a hardware buyer that the specs and drivers are open. Unfortunately it feels like a losing battle sometimes.

    21. Re:Can't get over it by Anonymous Coward · · Score: 0

      > just want to be able to mark kernel dumps from kernels they can't fix.

      That's NOT the whole story -- certain functionality is restricted drivers not marked as "GPL", so there really is an interoperability argument.

    22. Re:Can't get over it by Anonymous Coward · · Score: 0

      "Oh, that's the funniest and saddest thing I've seen all day."

      Terrible isn't it. Fancy somebody putting the considerations of others before their own personal well-being.

      I'm afraid to say it is you who is sad for living only for yourself. Perhaps one day when you grow up you'll see that number one isn't so great after all.

    23. Re:Can't get over it by ILikeRed · · Score: 1

      So, you hope others have the same poor morals as you, and don't know enough about the history of free software to realize that the GPL was created because the firmware and drivers to a printer were proprietary.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    24. Re:Can't get over it by Senjutsu · · Score: 1

      That's NOT the whole story -- certain functionality is restricted drivers not marked as "GPL", so there really is an interoperability argument.

      The GPL_ONLY symbol exists for the protection of closed-source drivers, because there's no conceivable way for the symbols it's applied to to be used without the result constituting a derived work. It keeps closed-source developers from putting themselves in the position of violating the GPL while still allowing them to write closed-source drivers; it is not about arbitrarily crippling or discouraging closed-source drivers. There's a lot of material on this in the LKML.

      This LinuxAnt driver, for instance, doesn't seem to be faking a GPL license to use said functionality; otherwise, this would be a GPL violation story, not a faked-license story.

    25. Re:Can't get over it by Rutulian · · Score: 1

      And in that case the firmware is in the hardware, not a driver that you have to load into your operating system. So the firmware is basically a part of the hardware even though it is technically software.

    26. Re:Can't get over it by amigabill · · Score: 1

      > I don't believe that. Companies that make hardware
      > shouldn't be so dogged about protecting their software.

      They're not necessarily overly paranoid about protecting their software. Part of what some hardware companies are afraid of is letting everyone know the software will give them "too much" insight into the design of the hardware. How it works. What spiffy tricks they've come up with to increase performance or quality or whatever as part of the chip architecture.

      They don't want their hardware competitor to get anything out of such possible insights via driver code. This is why certain companies don't want to open-source their drivers, not because they want to keep it secret how good or bad their coders are or whatever conspiracy you have up your sleeve.

    27. Re:Can't get over it by Vellmont · · Score: 1


      I realize they won't work, but firmware should not be a core component of a hardware company


      Except people who make routers are both a hardware and software company. As other people have said the main distiguishing factor in a router is the firmware. A router is an embedded computer. You seem to be under the impression that the hardware is all specialized and does all the functions of the router while the firmware is just some UI that you see. That's just simply not true. The hardware is dumb as rocks just like your computer. The firmware inside the router does just about ALL the functionality of the router.

      --
      AccountKiller
    28. Re:Can't get over it by Anonymous Coward · · Score: 0

      And a huge pile of accelerator hardware and fancy ASIC's and interface hardware.

      Precisely the argument above. Linux's native networking functionality is capable of producing a respectable router when run in standard PC hardware.

      But its light years behind the performance of top of the range network devices precisely because the specialist hardware matters. Cisco could, and on some of there more esoteric devices does use Linux in place of IOS, and still charges comparable prices, since the market is buying high performance systems, not software.

    29. Re:Can't get over it by Anonymous Coward · · Score: 0

      Interestingly, note the increased sales of routers with GPL'd software that users can replace wholesale.

      Notice that I, like a significant number of people, will pay **more** for kit that I can remove the existing software from, and replace with flexible, free, open source alternatives.

      Note that the supplied firmware is not cost free to the manufacturer, and making it unreplaceable reduces the value of the hardware to customers. Message there somewhere don't you think?

    30. Re:Can't get over it by CheshireCat · · Score: 1

      On the tainting issue, I'm in agreement with the kernel developers - if there is a module loaded without source available, they have the right to know when they receive a bug report. I would draw the line for this as source availability though, rather than being concerned with the license. As long as the source is available for inspection, it can be determined whether or not the bug is in the closed driver.

      There is another issue here, though. Certain kernel interfaces are closed to non-GPL modules. The justification for this is that a certain degree of connection to kernel internals makes the module a derived work. This is an issue that I'm not really sure developers ought to be deciding, since it is a legal matter.

    31. Re:Can't get over it by Rotworm · · Score: 1

      Alright, I got really nailed on this. The great-grandparent I wrote said:
      Companies that make hardware [such as] router/etc

      I used a router as an example, and it was a bad one. I mean hardware in general, another might be a video card. Drivers for a video card should be open source because I buy a vid card for the hardware, not whatever software is on it. It seems to me that a company would sell more hardware since it's compatible with more operating systems.
      I used router, but that seems to be a particularly bad example to use.

    32. Re:Can't get over it by Anonymous Coward · · Score: 0

      Simple point: what about the company which sold the router making company the firmware?

      Yes they could go for a MySQL business model, but MySQL has perhaps a milion users, 0.1% of them are probably using the professional version, if youre a company which sells software to other companies for milions, 0.1% isn't a good deal.

    33. Re:Can't get over it by mibus · · Score: 1

      But then its MY choice, not the kernel nazis. I thought that is what Linux was all about, Free as in speech, not as in beer.

      So remove the GPL_ONLY protection stuff from your kernel. That is your freedom. And pass it around to your friends so they don't have to patch it themselves.

    34. Re:Can't get over it by Vellmont · · Score: 1

      A video card is a better example, but still a problematic one. For a simple 2d non-accelerated video card there's not really a problem with releasing the source code. For state-of-the-art 3D accelerated video cards, there's trade secrets embedded in the source.

      One of the big advantages that NVidia used to have over ATI was superior drivers. The drivers for 3D video cards are complex things where the optimizations used can't be released because a competitor could use that to their advantage. The drivers can obviously still be reverse engineered, and I'm sure that's done. Reverse engineering is still expensive, and imperfect.

      The point is that many hardware devices are becoming increasingly dependant on software. That software then becomes part of the trade secrets, or is encumbered by patents (as in the case of the winmodem).

      --
      AccountKiller
    35. Re:Can't get over it by REBloomfield · · Score: 1

      Just because I support Open Source software doesn't mean that it is the only thing I will consider, I'm not that blinkered. Linux, Windows, Mac, it doesn't matter, it's what is good enough for the job.

    36. Re:Can't get over it by mst76 · · Score: 1
      That's a ridiculous statement. The firmware IS the router. Without the firmware, the router is a few of off-the-shelf ethernet chips and a processor. The only difference between many different products is the firmware.
      Which makes it even more offensive that some companies are putting GPL software like Busybox in their firmware without telling anyone.
    37. Re:Can't get over it by aug24 · · Score: 1
      The grandparent wants ideas open (and source code protected so that you can't copy source verbatim, you have to implement it yourself). I think.

      Absolutely. You shouldn't be able to patent maths. Copyright the expression of the idea, but not the idea itself.

      J.

      --
      You're only jealous cos the little penguins are talking to me.
    38. Re:Can't get over it by dave420 · · Score: 1

      If a hardware company can save money by putting firmware on chips, then let them. We are in no position to use our ideology to dictate their business model. If we don't like what they're doing, we can just walk away. As it is, firmware makes things a LOT cheaper, so it's not going anyware soon. Firmware has been a core component of hardware companies for years and years. Open firmware is good, but closed firmware makes bleeding-edge technologies possible, such as graphics cards etc.

    39. Re:Can't get over it by dave420 · · Score: 1
      The firmware is software that runs the hardware. Winmodems are simple analogue/digital/analogue converters, very similar to soundcards. Lots of effort is put into drivers to make them workable. I set up a fax server using 3 HCF modems, and bad drivers made it nigh-on impossible to set up. Hylafax worked like a dream with a hardware modem, and the modems worked fine in Windows, but the two together without real manufacturer-supplied drivers sucked so much we binned the project. Firmware is more advanced than just displaying a logo at boot-up. In the case of soft modems, the firmware IS the modem.

      I can't see why people are getting upset about this. The free market almost requires mfrs to use firware, as it cuts costs incredibly. And it's also a lot easier updating firmware over the net than hardware :)

    40. Re:Can't get over it by aug24 · · Score: 1
      The free market almost requires mfrs to use firware, as it cuts costs incredibly. And it's also a lot easier updating firmware over the net than hardware :)

      Nobody's arguing with this bit, although I would add that it clearly leads to a lot of unfinished/untested software being released on the 'fix in the field' plan. Unfortunately, this means that we are back to the 'crap drivers -> crashing' stuff that Windows suffered from for years, without no chance to debug, fix and develop.

      What I am suggesting is that there is a similarity here with the patenting of ideas. There is really no reason not to open-source these drivers, except that the manufacturers want to keep ideas secret just in case they can 'monetize' them in future and so their customers (us) are left in the lurch. After all, who would want a modem driver without the modem? And if anyone starts shouting 'hardware clones', then I suggest they remember that a good enough hardware clone will run with the binary driver!

      Overall, I just don't agree with anyone claiming ownership of an idea, only the expression of an idea. But perhaps that's just my sense of British fair play ;-)

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
    41. Re:Can't get over it by iainf · · Score: 1

      I buy a router/etc for the hardware, not for the companies excellent firmware

      Well, I don't know about you, but I do buy Cisco routers because of IOS. That's the secret sauce that makes Cisco routers Cisco routers, and makes them better than the others out there - it'a all in the excellent firmware.

    42. Re:Can't get over it by dave420 · · Score: 1
      I hear you, and I know exactly what you're saying, but I don't think you understand the enormity of the work put into those drivers/firmwares. Millions of dollars is invested in drivers, and to expect a company to release the contents of those drivers for everyone (competitors included) to look at, for no commercial gain, is pretty incredible. It's not a "just in case we can make more money" deal, it's a "just in case our competitors get this and screw us out of millions, eventually leading to the closing of our company". Why would they take the risk on releasing information vital to their competitive edge?

      "Protecting one's ass" is not a bad thing. They have two choices:

      1. Keep drivers closed, releasing only binaries

      or

      2. Release source of drivers, allowing everyone and their dog to get their hands on millions of dollars of work, possibly using it against the original creator.

      I'm british too :) I still think that if a company's poured millions into their drivers (nvidia is a great example here), they're well within their rights to hold onto it, whether it clashes with my personal ideology regarding softare or not - they paid for 'em, they keep 'em. :)

      The only benefit for hardware manufacturers in releasing the code for their drivers is to make 2% of their market happy (OSS guys). They could also scupper their own plans in the process. :)

  14. Mods, read the whole thing please... by Ratcrow · · Score: 2, Informative

    You'll notice that this AC has put the following words into Linus' mouth:

    "...rather than blacklist Black people..." (emphasis added)

    Linus was referring to "bad" people. This should be something other than Informative.

    1. Re:Mods, read the whole thing please... by Anonymous Coward · · Score: 0

      > You'll notice that this AC has put the following words into Linus' mouth:

      > "...rather than blacklist Black people..." (emphasis added)

      > Linus was referring to "bad" people. This should be something other than Informative.

      First, it /is/ informative, as the sire is slashdotted. Second, it is funny.

  15. Creative null character? by News+for+nerds · · Score: 3, Insightful

    All those C string functions are todays source of plague. Even though I'm not Miguel de Icaza it's obvious that we should move to something new.

    1. Re:Creative null character? by Rakshasa+Taisab · · Score: 1

      We already have something new and better, C++ std::string. Beats me why people stick to C...

      --
      - These characters were randomly selected.
    2. Re:Creative null character? by AT · · Score: 1

      I won't argue that C strings don't cause a lot of problems, but that is isn't relevant to this issue. One could just as easily create a counted string for the same purpose:

      std::string licence("GPL, but not really", 3);

    3. Re:Creative null character? by greppling · · Score: 1
      All those C string functions are todays source of plague. Even though I'm not Miguel de Icaza it's obvious that we should move to something new.

      Yeah, it is completely obvious that the kernel should be re-written in a high level language, such as C#, python or pike. The only thing to argue about is whether to use GTK- or QT-bindings for the splash screen.

    4. Re:Creative null character? by Anonymous Coward · · Score: 0

      I don't recall ever seeing syntax like "std::string" in C...

    5. Re:Creative null character? by ckaminski · · Score: 1

      Which wouldn't work, because the compiler would still insert the whole string as a static entity into the resulting object code.

      A sufficiently advanced inlining compiler might not, but I don't think something of that sophistication exists yet (or Itanium wouldn't be called Itanic).

    6. Re:Creative null character? by AT · · Score: 1

      The C macro does the same thing. The only difference is that the string used with the C macro has an embedded nul character which the C++ string doesn't.

      What matters is how we interpret the string. In C, by convention, the end of the string is taken to be the first nul character. In the C++ example, the length is explicitly provided. In both cases, the full text (probably) appears in the object code, but the program is instructed to only look at the first three characters.

      Different ways of accomplishing the same thing.

    7. Re:Creative null character? by Anonymous Coward · · Score: 0

      Where have you been? It was added to the spec in C2003 along with garbage collection, threading and IPX networking.

    8. Re:Creative null character? by Anonymous Coward · · Score: 0

      Perhaps because C++ has a lot of other stuff as well as std::string? An insane amount of features upon features isn't only a Good Thing. In fact, if they're useless it isn't even a neutral thing but something you need to get rid of. It merely increases compiler complexity and maintainer headache. This eventually translates to bugs.

      In C, there are people around who know _every_ aspect of the core language. There's no chance you can give them a construct that would confuse them. Would you believe? Try saying the same about C++. (note that a single person doesn't count as "people" so you need more than just Stroustrup)

    9. Re:Creative null character? by Geoffreyerffoeg · · Score: 1

      Original poster was unclear with the terminology "C string". A C-string is not a string used in C. A C-string is a null-terminated string, or an ASCIIZ. The standard C-language string functions work with C-strings.

      The Macintosh used to use Pascal-strings, even in C: the string "GPL" would be represented as {3, 'G', 'P', L'}, not {'G', 'P', 'L', 0}. This allows more efficient strlen() (and thus strcat(), strcpy() copying a few bytes at a time, etc.). Maybe Pascal strings should be used for security reasons; we've had enough problems with \0s in other locations, e.g., URLs. Pascal strings can represent all 256 unique bytes, not just 255.

      However, I'm sure there's a reason C-strings are more popular now.

    10. Re:Creative null character? by wtrmute · · Score: 1

      Theoretically, it's because having a limited-size counter limits the sizes of your strings, such that one couldn't load into a Pascal string a text file with more than 65536 characters (256 in the example you provided, but no one would use a single byte for length count).

      Conversely, zero-terminated strings are limited only by available memory. Still, there's a tendency for them to go away and be replaced, except for the kernel, because .NET and JAVA aren't going to go in there for a long time yet: they just weren't made for it. D might, though.

    11. Re:Creative null character? by Geoffreyerffoeg · · Score: 1

      Then use a null-terminated length. Or say that if the high bit of the length byte is one, ignore it and add the length from the next byte times 2*7, repeating as necessary.

      Or if we have enough memory to worry about 64k strings (yes, we do, I'm not being sarcastic), let the size of the string be that of two or four longs, so it would tend to scale as computers get more powerful. 64-128 bits is plenty for 32-bit computers; 2^40 is already a terabyte, and using either C or Pascal strings for that large data gets timewise inefficient. And if the length is all ones (i.e., (unsigned)(-1)) count it as null-terminated. If you really had a string that large, you'd've rolled over on the next byte anyway.

  16. Re:circumcise?! HELLO, MCFLY?! by Anonymous Coward · · Score: 1, Funny

    rotfmao. circumcise, vomit and black, going to +5 informative. Way to troll.

  17. Obviously, this is the wrong approach entirely by RLiegh · · Score: 1

    I hate to propose something so drastic; but it's pretty clear that the kernel module loader need to operate the same way that good firewalls work: allow nothing except for that which is explicitly permitted.

    Meaning, the kernel devs should focus on writing up a white list; not a black list.

    1. Re:Obviously, this is the wrong approach entirely by iamacat · · Score: 1

      And then, the kernel being open source, I will patch it to disable any checking so that I can enjoy my modem/video drivers and release the patch publically, under GPL. Wahoo!

    2. Re:Obviously, this is the wrong approach entirely by AstroDrabb · · Score: 1

      Right now you can insert a non-GPL module into the kernel and the kernel will just give you a warning and use that module. This gives the choice to the end-users, where it should be. The GPL allows me to make all the closed modifications to the kernel I want as long as those modifications are not distributed. So as an end-user, I have every right to put in some binary-only, non-GPL module such as the NVidia driver (which I use). I would actaully think that the GPL would not allow the kernel devs to restrict my personal usage of the Linux kernel as you have suggested, though IANAL.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    3. Re:Obviously, this is the wrong approach entirely by teval · · Score: 1

      So if I want to write a driver myself I can't? I have to mail the devs for every little playtoy kernel module I make? Or.. when I made a kernel module for fun to control a LCD screen to learn the 2.6 layout and gave it to a friend? He has to recompile his kernel to get rid of this whitelist? No.. that'd be too much trouble and too much power for the dev team. The idea of a blacklist works, not like it wouldn't be compiled out of existance using patches by people who didn't care. I'd like to suggest a different kind of blacklist, one which still allows the module to load but automatically sets it's license internally to non-GPL (yeah.. if you use GPL only symbols it would die on the spot, probably taking your computer with it, so there'd have to be a check in for those and then reject it) If it's all fine load it and set the kernel to tainted. GPL-only symbols I'm still not comfortable with personally. I think everyone should have acess to the API, no matter what. If they want closed source it's ok, they should be allowed to. Not sure if I want my kernel to dissalow something that would help me.

  18. Someone explain to me again how modules "taint" by Anonymous Coward · · Score: 0

    You can run closed source binaries linking closed source shared libraries, but somehow closed source modules are not ok??

    Couldn't one

    1. Re:Someone explain to me again how modules "taint" by Trigun · · Score: 1

      Modules are an extension of the kernel, whereas programs that run on a linux system are not. And it's not like your system will prevent you from loading closed source modules, just lets you know that you won't be running a GPL kernel if you choose to load them. Political, yes. Fanatical? Hell no.

    2. Re:Someone explain to me again how modules "taint" by bourne · · Score: 1

      Modules are an extension of the kernel... Political, yes.

      No, not political. Practical.

      The point of module 'taint' is that, when a kernel oopses, the developers who are asked to debug the problem should know up front whether they have all the source required to debug the problem. If the kernel is tainted, they do not have all the source, and many of them will (quite reasonably) decline to do the work of tracking down a problem that may belong to someone who isn't sharing their source.

      The conexant people are trying to avoid the consequence of their decision to keep source closed - that they inherit the support burden which, for open source modules, is more easily shared among the rest of the kernel hackers.

  19. But why? by Erwos · · Score: 5, Insightful

    Why did they even bother with this silly (if not cunning) trick in the first place? I mean, OK, no one loves the "kernel tainted" message, but at the end of the day, is it really that much of a deal that it needs to be circumvented?

    I think a more appropriate way of handling things would be have a message explaining _why_ the tainted message is coming up, and why they can't GPL the driver. Work with the system, not against it.

    -Erwos

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:But why? by tomstdenis · · Score: 1

      I second that motion. My kernel has been tainted by... oh highly optimized nvidia drivers... ;-)

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:But why? by Anonymous Coward · · Score: 0

      No that would be a "Hardware Upgraded" message if a black man moves in.

    3. Re:But why? by MartinG · · Score: 4, Informative

      no one loves the "kernel tainted" message, but at the end of the day, is it really that much of a deal

      For developers _YES_

      How many times have you tried to debug the kernel? And how namy times have you done to without access to all the source code? (ie, with modules loaded for which you don't have the source.)

      For more info, read LKML archives.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    4. Re:But why? by deathazre · · Score: 1

      they can't GPL the driver because then people would hack it to connect at over 14.4kbps.

      --
      Karma: Negative (Mostly affected by dorm trolling)
    5. Re:But why? by AstroDrabb · · Score: 1, Informative
      And why did no moderators mod this parent up? You guys/girl(s?) mod up unreleated, completley false posts and let this one sit unmoderated?

      Anyway, the tainted message is not even an issue to most-end users if you have your modules auto-loaded and boot into X, you would not see the message. You would only see this if you manually load the module. The installer for this driver could just add an entry to /etc/modules.conf and be done with it. Tainted messages will just get logged, it is not like they pop up on your desktop. This was just a stupid move by this company. It is a shame since their product fills in a need for wireless users that have an unsupported card.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    6. Re:But why? by sir_cello · · Score: 1

      Yes it is a problem, because with an untained kernel you can be sure that the whole kernel is GPL and there are no other licensing issues. Otherwise, you find 12 months later that you have a problem because there is a submarine license issue as a result of this "tricky" bit of code that you didn't know about.

    7. Re:But why? by blackcat++ · · Score: 5, Informative

      LinuxAnt have responded.

    8. Re:But why? by neurojab · · Score: 1

      >I think a more appropriate way of handling things would be have a message explaining _why_ the tainted message is coming up, and why they can't GPL the driver. Work with the system, not against it.

      I agree. I'd go so far as to say the "kernel tainted" message should be changed to "binary driver loaded" or something similar.

      The "kernel tainted" message itself is biased against proprietary software at it's core. It's saying that anything that isn't licensed a certain way is undoubtedly screwing up the kernel's workings. It's user-unfriendly, and that's why these folks decided to circumvent it.

      Developers should know if there is a binary-only driver loaded for tech support reasons, but there's no reason that message couldn't be user-friendly. Linux developers should either stop with the slanted messages or explicitly dissalow binary-only drivers. The middle ground where you say "yeah, we allow it, but it poisons your system and causes your cats to catch malaria" is just crap.

    9. Re:But why? by Anonymous Coward · · Score: 0

      Why did you leave off the end of the parent post's sentence in your quote? I believe the implication was that having the message pop up isn't really that much of a hassle, and so people _shouldn't_ circumvent the message.

      By leaving off the end of the sentence, you make it seem like the parent post was saying "Well, the message isn't that useful, so they should be allowed to drop it", which is actually the opposite of what was suggested.

    10. Re:But why? by Brandybuck · · Score: 1

      Wrong. First, your "developers" should be changed to "kernel developers". Second, the *license* of the module is irrelevant, only the availability of the source code matters. A plain BSD or MIT license will taint the kernel, for example, yet all of the source code is available.

      The license tag is only there to check for GPL-ness only. That's because anything other than the GPL (or dual GPL) will taint the kernel. You can't even release your module into the public domain without tainting the kernel!

      --
      Don't blame me, I didn't vote for either of them!
    11. Re:But why? by mr.mighty · · Score: 1

      the "kernel tainted" message is as helpful to average users as the warning Windows used to give about not running MS-DOS was. It says to the unsophisticated user that this is an error. It's not - it's someone trying to push their ideology or gain market share.

    12. Re:But why? by solprovider · · Score: 0

      I doubt many people noticed that the LICENSE includes this:

      7. Performance. V.92 modems are designed to be capable of receiving data at up to 56Kbps with compatible phone line and server equipment, and transmitting data at up to 31.2Kbps. V.90 modems are designed to be capable of receiving data at up to 56 Kbps from a compatible service provider and transmitting data at up to about 28.8 Kbps. Public networks currently limit download speeds to about 53Kbps. The free version of the drivers is limited to 14.4Kbps. Actual speeds vary and are often less than the maximum possible.

      I understand that many people still use dial-up, but would they be willing to use a 56Kbaud modem at 14.4KBaud just to use it with Linux? 14.4Kbaud on Linux might still be faster than 53Kbaud using MSIE on MSWindows, but you can install Mozilla on MSWindows and get the 56Kbaud (unless you broke all your MSWindows installation CDs.)

      --
      I spend my life entertaining my brain.
    13. Re:But why? by kaligraphic · · Score: 1

      Sounds like the best solution would be to check for the kernel taint flag during loading, make sure the flag works, and display the message at the end. Either that, or only show the message for the first tainted module. It shouldn't be too hard to obviate the need for this kind of workaround.

      --
      You are standing in an open server west of a blue house, with a boarded front door. There is an Exchange mailbox here.
  20. Why are they doing this? by aaronmcdaid · · Score: 1, Interesting

    Excuse my ignorance, but why are they doing this?
    I assume it's to allow them to access some 'GPL only' functionality.

    This reminds me of the court case where a console game maker was allowed by the court to insert some copyrighted text because it was the only way to make a game that would work.
    Is there any similarity, lawyers of /. ?

    Now I'm waiting until the /.ing is over so I can RTFA and get some facts!

    1. Re:Why are they doing this? by halivar · · Score: 1

      It's harder to get LKML devs to look at problems with 'tainted' kernels. Maybe the driver devs were hoping to get the LKML guys to do their debugging for them.

    2. Re:Why are they doing this? by Vicegrip · · Score: 1

      The entire kernel is GPLed. No, this is most likely to avoid having the "this driver taints the kernel" message when it is loaded. The message is basically first a warning that the driver is not GPL and then a warning about potential problems that ensue from binary drivers that only work with specific kernel versions (are you reading this realtek?).

      As mentionned in other threads, the kernel developers aren't very interested in debugging kernel problems associated with binary only drivers. It's basic quid pro quo. Linus has said binary only drivers are allowed but that people who produce such things are completely and uterly on their own: basically don't come crying if your binary driver is broken by a newer kernel rev.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    3. Re:Why are they doing this? by Anonymous Coward · · Score: 0

      I don't know much about Linux, but what it seems you're saying is that Linux preferrs drivers to be source code.

      Call it flamebait if you will, but Linux requiring everyhting to be source code that the end user has to compile is a pretty shitty way to do things.

      Sure, it's a powerful way to do things. Sure it allows one to run on a variety of hardware.

      But it also means that Linux will never become widespread. I'm a programmer of sorts. I used to program in C. I've never used a makefile in my life. I have no idea how they work. Nor do I wish to go back to the days of dos where I have to type commands in. Nor do I wish to have to compile every app I download.

      Linux will NEVER take over the desktop so long as it is harder to use than Windows is. And I thought that is precisely what Linux users want? Get rid of Windows... put something open source in it's place... You don't have to be hard to use just cause you're open source. And being able to run on lots of different hardware really isn't all that desireable to the majority of people. If every computer was a PC, the world would be a simpler place. Mac users might love their macs, but if the guts of a Mac were a PC, they wouldn't know the difference. It's the OS they love.

      Even the palm devices could be made to run like PC hardware and run the same binary you run on your PC. The only difference need be the size of the screen, and the speed of the chip.

    4. Re:Why are they doing this? by spitzak · · Score: 1

      You do realize that it is physically possible to have *BOTH* the source code and a binary version at the same time, do you? Perhaps you were taught that this was impossible in your MCSE class?

    5. Re:Why are they doing this? by Vicegrip · · Score: 1

      "I've never used a makefile in my life. I have no idea how they work."

      Then you will be relying on vendors to supply you with supported versions of Linux to take care of things for you. This won't be free($) however.

      "Nor do I wish to go back to the days of dos where I have to type commands in. Nor do I wish to have to compile every app I download."

      You do realize that Windows has a command line right? A lot of things are done more effectively in the command line of Windows than through the GUIs.

      Don't confuse being accustomed to the use of a tool with 'ease of use'.

      An expert understands the command line. Windows is no different there.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    6. Re:Why are they doing this? by Anonymous Coward · · Score: 0

      I understand the command line. I grew up in the days of DOS. However, there are FEW things which are better done in a command line. One of which is renaming files, but only because MS did not build a good file renaming functionality into explorer... you're forced to rename one file at a time.

      Other than that, and printing out a list of files in a directory, I really can't think of anything else I'd rather do from the command like. You can't even copy all the files in Windows from the command line any more reliably, and even when you could, one error and the copy operation stops. Same for explorer of course, but there's tools to copy stuff properly in windows, and it wworks better and faster than DOS.

      You may have all your programs in one directory and think it's simple doing DOS commands, but get with the future. I have multiple directories under my program files directory... games, graphics, internet, sound, and in games, emulators, and under that the individual directories for each emulator. That's a lot of typing, and I can't even use long names when doing it or see the directory sturucture. It's much easier and faster to just click on a couple folders to open them.

      As for what someone else said about haivng to pay to get binaries, that's obviously wrong, because I'm using Mozilla, and Filezilla right now. If I can't get a binary of Linux without paying for it, that's just lazy open source developers who don't want to compile for a number of platforms. There's lots of other folks that will take the time to do so, and would if Linux were more widely used.

      I'm really not against Linux either. I just think the developers are too much programmer and not enough end user and don't care about making an app an end user will be happy with. They want something cool and powerful. But I'm really happy with Mozilla, and Filezilla, so I know open source can do great things. Though it is frustrating when the Mozilla people refuse to display a jepg just because the mime type says it is not, when the extension is jpeg, and the file has a jpeg header. To me, that's just silly, and makes the experience of the end user worse. We're living in a MS world, not in an ideal world where everyone sets their servers up right. Everyone sets their servers up to wor with IE. Like it or not, it's too late not to follow in MS's footsteps and implement what they do in IE. IE has 99% of the market, and is free. You can't fight that.

    7. Re:Why are they doing this? by Vicegrip · · Score: 1

      Command Prompt: I use it daily with my work. However, I've improved my experience with it a hundred fold by also making use of cygwin.

      "You may have all your programs in one directory and think it's simple doing DOS commands, but get with the future. I have multiple directories under my program files directory[...]"
      Here are some cool command line tips:
      - use tab completion. Get MS power tools to configure it.
      - avoid the use of spaces in filenames and directories.
      - symbolic links (using cygwin)

      I have no problem navigating directories like this at the command line:
      C:\work\stuff\vnmm\boost 1.31\boost_1_31_0\libs\regex\build\vc71

      "As for what someone else said about haivng to pay to get binaries, that's obviously wrong [...] If I can't get a binary of Linux without paying for it, that's just lazy open source developers [...]."
      No. It's not. Nobody owes you anything-- unless you pay for it. The only guarantee you will find with all GPL software is that you will get the source. That is all. Anything more is either good will or support you pay for.

      If you want a nice easy Linux experience buy a full release from Mandrake or Suse (their next one is looking promising). If you want a 'mom & pop' experience you should buy a pre-installed computer from Lindows.

      I'm glad you're happy with Mozilla. Just about everyone I know who uses it is. But the real point in open source and Free software is not necessarily about making things easier for you to do, although it's nice when they do (gimp 2.x), the point is you've been given the right and the ability to choose who you do business with to help you get your job done-- nothing welded shut and no 'if you open this you will go to jail and the license is void' clauses.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
  21. Re:Linus' E-mail in case of slashdotting by ceswiedler · · Score: 1

    I hope they don't start trying to circumcise anything else.

  22. I don't see what the big deal is by Call+Me+Black+Cloud · · Score: 1, Interesting


    Could someone explain to me why this is an issue? The web page where you download the drivers reads:

    Most files in this package are released under terms described in the LICENSE file. Some distinct components, located in the modules/GPL directory however are covered by the GNU General Public License. See the files LICENSE and modules/GPL/COPYING for details.

    It doesn't sound like they're trying to hide anything ("LICENSE" above is linked to their license) yet everyone is running around claiming evil intent. What would they gain by this ruse, if it was intentional? Has anyone contacted the company directly to get their take on it?

    1. Re:I don't see what the big deal is by 0x0d0a · · Score: 2, Informative

      You'd have to read the list for exact details of what's irritating the people specifically, but here's a link.

      Basically, Linux and friends (in frusteration at trying to troubleshoot non-open-source drivers, where they can't tell what's going on or fix anything) introduced a "tainting" system. Basically, they refuse to handle bug reports or fix anything on a system that has any "tainted" modules loaded.

      This tends to increase direct customer dissatisfaction with closed-source drivers.

    2. Re:I don't see what the big deal is by Otto · · Score: 1

      Could someone explain to me why this is an issue?

      Sure. This isn't a matter of something you read on a webpage, it's a matter of their code itself.

      See, they have a binary-only kernel module. You load it into the kernel, and you get support for their modem. But binary-only means that they won't provide you with the source to the module.

      Anyway, this isn't "free software". One of the things that you have to do to load a module into the kernel is to tell the kernel what your license is. Every module has to do this. The kernel loads the module regardless of the license, but if a module with a non-free license gets loaded, then a flag gets set that marked the kernel as "tainted". All this really means is that debug dumps and such get marked as being tainted as well, and thus you won't get any support from the free-software people (unless you can reproduce the problem without the non-free module). They don't want to debug or support somebody else's code when that code isn't even free-software.

      What this module is doing is playing a rather evil little trick. Essentially, it says that anything in the GPL directory is covered under the GPL, while the rest is covered under the LICENSE file, but it tells this to the kernel in such a way that the kernel only sees "GPL" and nothing else. And the GPL directory is, in fact, empty. The upshot is that their module tells the kernel it's GPL'd when it's not, thus avoiding the tainted flag.

      Why they'd really want to avoid this flag is beyond me though. The flag doesn't change the operation of the kernel in any way, it just lets kernel developers know that the user with a problem has binary only modules, and thus they can tell the user that they don't support binary only modules. Okay, this tends to tick off the users to some degree, but by lying to the kernel, they're ticking off the developers to a greater degree, and that's real bad news for anyone wanting to develop kernel modules. Taken too far, then kernel devs could simply refuse to load their modules anymore, and tell them to go screw themselves.. It's not like the kernel devs are pushing for compatibility in general anyway.. Their goal is to make a good kernel, not to please the masses.

      Anyway, this will get ugly. ;)

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    3. Re:I don't see what the big deal is by AstroDrabb · · Score: 2, Interesting
      They are trying to fool the Linux kernel into thinking that the module is a GPL module. The Linux kernel will log a message that this module (or any non-GPL module) is "tainted". There are Linux users that want a completely Open Source OS and do not want to use software that is not released with a license that is approved by the FSF.

      They are releasing a non-GPL module with a small GPL wrapper and there is nothing wrong with that. That is what NVIDIA does. However, in the source code for the GPLed wrapper, they are marking their binary only driver as GPLed software. They include \0 in their license string and pass that to the Linux kernel. The \0 in C terminates a string, so the Linux kernel only sees the part of the string that comes before the \0, which in this case is only "GPL". So basically the Linux kernel loads up the module thinking it is GPLed which is not good for the types of users I explained above and I would think it could have some legal issues. How do you think MS would react if I wrote software that played around with their license or lied to their subsystems? I bet they would have a flock of lawyers on me in a heart beat.

      Again, it is no big deal that the module is not GPLed. There are a bunch of binary only drivers/modules for the Linux kernel. I use some of them like the NVIDIA drivers. The issue is that this company is lying about their software license.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    4. Re:I don't see what the big deal is by Call+Me+Black+Cloud · · Score: 1

      I guess what I don't see is how the company benefits from this. Couldn't it be an honest mistake? What positive gain could there possibly be in all this?

    5. Re:I don't see what the big deal is by SuiteSisterMary · · Score: 1
      How do you think MS would react if I wrote software that played around with their license or lied to their subsystems?

      It's called a compatibility layer. Hell, Windows itself will lie to stupid program "why...yes, I *am* only Windows 95! Go ahead and run! You know you want to !"

      Or Konquerer claiming to be IE 5 so that websites will display content....

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  23. Re:Linus' E-mail in case of slashdotting by Anonymous Coward · · Score: 1, Informative

    On Tue, 27 Apr 2004, Carl-Daniel Hailfinger wrote: > > LinuxAnt offers binary only modules without any sources. To circumvent our > MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration: > > MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others, only > LICENSE file applies"); Hey, that is interesting in itself, since playing the above kinds of games makes it pretty clear to everybody that any infringement was done wilfully. They should be talking to their lawyers about things like that. Anyway, I suspect that rather than blacklist bad people, I'd much prefer to have the module tags be done as counted strings instead. It should be easy enough to do by just having the macro prepend a "sizeof(xxxx)" thing or something. Hmm. At least with -sdt=c99 it should be trivial, with something like #define __MODULE_INFO(tag, name, info) \ static struct { int len; const char value[] } \ __module_cat(name,__LINE__) __attribute_used__ \ __attribute__((section(".modinfo"),unused)) = \ { sizeof(__stringify(tag) "=" info), \ __stringify(tag) "=" info } doing the job. That should make it pretty easy to parse the .modinfo section too. Linus

  24. Does that thing actually work? by Otter · · Score: 2, Insightful

    Has anyone ever gotten the modem in the TiBook to work with that driver? I've struggled with it a number of times (using YDL) and everyone on the lists or IRC just said, "Yeah, didn't work for me, either."

    1. Re:Does that thing actually work? by GreenHell · · Score: 1

      Have you tried this one?

      http://cattlegrid.net/~christophe/titanium/#MODEM

      I don't have access to a TiBook, so I can't say if it works or not, but some people seem to have success.

      --
      "I won't mod you down - I feel the need to call you a twit explicitly, rather than by implication."
    2. Re:Does that thing actually work? by Anonymous Coward · · Score: 0

      Errr... Ignore that.

      I hadn't followed the link all the way to the end. It turns out to be the same driver.

      (Boy is my face red.)

  25. hypocrites by Anonymous Coward · · Score: 0, Insightful

    It strikes me that alot of the same people so rabidly against DRM when used by big companies for the media they produce, are now demanding that linux include what can be seen as it's own DRM to prevent people from running unauthorized non-GPL kernel code.

    1. Re:hypocrites by Just+Some+Guy · · Score: 1

      Where on earth did you get that? Noone cares what weird closed driver you load into your kernel, but they do care when you ask for help debugging the resulting mess after a panic. Loading a non-Free module sets a "go pester the vendor" flag and that's pretty much it.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:hypocrites by ckaminski · · Score: 2, Interesting

      Yeah, it's a bit hypocritical. On the upside, however, it's still GPL'd so you can change the DRM to your hearts content or remove it altogether. Try that with the DRM coming out of the recording industry.

    3. Re:hypocrites by Anonymous Coward · · Score: 0

      Think it through dude...

      Nobody is suing anybody.

      Nobody is having their rights taken away by the government by mandating or legislating DRM.

      Nobody has invoked the DMCA.

      No functionality has been changed or denied to the user of the Linux kernel.

      No piece of equipment is "turning against the owner" in a DRM-like fashion.

      This is nothing but a convenience for linux developers so they know which modules are binary-only.

      I have nothing against DRM in the general sense. I use "chmod" all the time, for instance.

      But I'd be pretty annoyed if my own computer locked ME out and the law prevented me from unlocking it. That's when I start complaining about DRM.

    4. Re:hypocrites by SoTuA · · Score: 1
      It doesn't prevent you from running anything.

      The problem with the creative license string is that it doesn't mark the kernel as "tainted", wich is a big deal for the people who debug the kernel and pore over kernel dumps. If you have a binary-only module loaded, you should try to reproduce your bug/crash without the binary module so that the kernel people are sure that your crash was due to the kernel and not the binary driver to wich they haven't got source to debug.

    5. Re:hypocrites by StuartFreeman · · Score: 1

      You are not prevented from running non-gpl code, you simply get a warning that what you are using is non-gpl. This is in no way "management" of your rights, in fact it warns you that you are using code that you do not have the right to modify.

      --
      This is my sig, there are many like it, but this one is mine...
  26. I don't known about fat... by Bill,+Shooter+of+Bul · · Score: 1

    but the default Fedora kernel sure is bloated!

    I'm just kidding, I never use default kernels for very long. So for all I know Fedora's is the karen Carpenter of kernels. Its just so much fun to customize.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
    1. Re:I don't known about fat... by Anonymous Coward · · Score: 0

      When ever i try and customize I always tend to make it die on the next boot... I should keep trying though, it is fun just to mess around with the configureation.

  27. My God! by WwWonka · · Score: 5, Funny

    ...lying to the kernel about their license

    Insubordination at its worst! Lying to the kernel!

    Private Function, get Corporal Punishement on the phone and have them admonished immediatley!

    1. Re:My God! by Anonymous Coward · · Score: 0

      It has to be 'Parts', 'Private Parts', or the joke just isn't funny.

    2. Re:My God! by Trogre · · Score: 1

      He's busy. General Failure is reading his hard drive.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  28. Couldn't one ... by Anonymous Coward · · Score: 0

    Couldn't one move the code from the driver to user space to an executable or library, then have some hooks in kernel space.

    Perhaps someone could write a chain module loader, which is itself GPL'd, but has no restraints of what "chained modules" it loads?

  29. Re:Translation: by Richard_at_work · · Score: 1

    Ok, let me expand on my post then. I dont use Linux. I used to, then I moved to *BSD for reasons i do not want to go into (not ideological tho). I know roughly how the licensing works and have read up on the binary module topic, but since I am not a lawyer, I do not know 100% how the licensing works or would be applied in various cases, and I doubt anyone else can seriously lay this problem to rest, unless it was decided by a court of law. Im not speculating widely, Im asking leading questions, there is a difference. If you wish to attack me further, please feel free, this is a public forum.

  30. Re:Linus' E-mail in case of slashdotting by Anonymous Coward · · Score: 0

    On Tue, 27 Apr 2004, Carl-Daniel Hailfinger wrote:
    >
    > LinuxAnt offers binary only modules without any sources. To circumvent our
    > MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration:
    >
    > MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others, only
    > LICENSE file applies");

    Hey, that is interesting in itself, since playing the above kinds of games
    makes it pretty clear to everybody that any infringement was done
    wilfully. They should be talking to their lawyers about things like that.

    Anyway, I suspect that rather than blacklist bad people, I'd much prefer
    to have the module tags be done as counted strings instead. It should be
    easy enough to do by just having the macro prepend a "sizeof(xxxx)"
    thing or something.

    Hmm. At least with -sdt=c99 it should be trivial, with something like

    #define __MODULE_INFO(tag, name, info) \
    static struct { int len; const char value[] } \
    __module_cat(name,__LINE__) __attribute_used__ \
    __attribute__((section(".modinfo"),unused)) = \
    { sizeof(__stringify(tag) "=" info), \
    __stringify(tag) "=" info }

    doing the job.

    That should make it pretty easy to parse the .modinfo section too.

    Linus

  31. So what's it going to be? by Anonymous Coward · · Score: 4, Insightful
    People are circumventing the almighty GPL! Is /. going to complain and be hypocritical by cheering on other circumventing techniques like PlayFair, DeCSS, and other DRM removers?

    If /. has no respect for other people's choice in licenses and cheers people ignoring the license, then it must also cheer on people breaking the license in Linux. You can't have it both ways.

    1. Re:So what's it going to be? by Mr.+Darl+McBride · · Score: 1
      People are circumventing the almighty GPL! Is /. going to complain and be hypocritical by cheering on other circumventing techniques like PlayFair, DeCSS, and other DRM removers?
      Well, yes. For one, I'm cheering. I love a delicious little tech war like this one. Eventually the courts will settle it, but until then it's a wonderful tool for inflating stock price. You can live sufficiently high on the hog that it's worth it when you later end up in jail, because they'll never wipe that grin off your face.

      Or that's my experience at least.

      ~Darl

    2. Re:So what's it going to be? by Draknor · · Score: 1

      I already responded to this thread, so I can't mod you down, but your post is -1,Flambait.

      This has NOTHING to do with respecting other people's choice in licenses. If you don't want to release your driver in GPL, then don't! The kernel doesn't care - it'll load it just the same. This has EVERYTHING to do with not wasting kernel developers' time in tracking down bugs that are in non-GPL software.

      If you want to release binary-only drivers, go right ahead - just don't try & trick the developers into debugging your broken code for you, too.

    3. Re:So what's it going to be? by JabberWokky · · Score: 3, Insightful
      Is /. going to complain and be hypocritical by cheering on other circumventing techniques like PlayFair, DeCSS, and other DRM removers?

      There's no reason you need to do this. The kernel happily loads any license. They are lying for the sake of misleading users. There's nothing to circumvent. This is like Pizza Hut advertising that they are giving out Free Pizza, and then cutting off the edge of the coupon that says "$15 per pie charge". There is no technical reason for this; this is simply lying to the end users.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    4. Re:So what's it going to be? by spitzak · · Score: 1

      Nonsense.

      This is like circumventing the DRM in an XBox (perfectly fine) but then trying to get your money back or the machine fixed under warranty by Microsoft. It's like printing the Microsoft copyright on the new rom chip in an attempt to make them think you have not broken the machine yourself.

  32. Get over it? Can't... by Penguinisto · · Score: 2, Insightful
    There are too many potential liabilities that can come up further downstream from non-GPL code pretending to be GPL. While it would be easy enough for a home-geek or a guy who downloads and inventories all his own stuff to know that a given item is no big deal license-wise, developers wanting a clean box to work from may decide to go grabbing bits and parts that may not be OSS, and they (like any human being) may have forgotten (or if they grabbed the libs from a local network server, not even know) that it wasn't.

    As for your assertion, drivers can be non-OSS and still work perfectly, and OEM's aren't forced to make their stuff OSS - just ask NVIDIA if you don't believe me. Therefore, you're posting a strawman there...

    The linuxant cheat isn't a problem because of the source code being closed, it is a problem because it pretends to be open-source when it is not, failing to warn whoever installs it.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  33. I know! by ignavusincognitus · · Score: 5, Funny
    Let's add cryptographic checks to the module loader. The vendors will need to have their modules signed if they want them to be loaded. Before signing, license terms will be verified. This way we can also guarantee that the modules do not affect stability.

    I'm sure this hans't been done before.

    1. Re:I know! by Anonymous Coward · · Score: 1, Insightful

      That would be SO linux!

      So have a complex and developer hostle system of certification, not for quality testing, but for nothing more than license conformity.

      But aside from that, this entire kernel checking licenses thing is insane. Can Linux go any further out of its way to make sure it is never adopted by hardware companies?

      Question: Are there any non-communist distros out there? (or is it even possible) Where the kernel is patched to prevent this sort of stupidity and where binary drivers are hosted in the distros updates, you know, a USEABLE distro?

    2. Re:I know! by Anonymous Coward · · Score: 0

      You mean like this?

    3. Re:I know! by Anonymous Coward · · Score: 0

      Oh, you were being sarcastic.

    4. Re:I know! by Anonymous Coward · · Score: 0

      "Let's add cryptographic checks to the module loader. The vendors will need to have their modules signed if they want them to be loaded. Before signing, license terms will be verified. This way we can also guarantee that the modules do not affect stability."

      Of course, Microsoft does that because it's difficult/impossible for them to be certain of a program unless they see the source code. Hence the windows certification. Not even microsoft would run a program without access to the source-code.

  34. Good Luck by Royster · · Score: 4, Interesting

    In a similar case, the maker of a game console had copyprotection code which had to be invoked before a game played. Someone who wrote a game, but didn't want to pay licensing fees, invoked the same code becuase it was the only way to get their game to run. They were sued under the Lanham Act. The plaintiffs claimed that their display of their trademark could make someone think that the console manufacturer was the source of the game causing consumer confusion.

    The court rightly ruled that the console designer caused the code to display the trademark and that they were responsible for any confusion that resulted.

    Putting MODULE_LICENSE("GPL\0... in their code could be viewed by the courts as using a method of operation to accomplish a module load. It is very unlikely that they would view it as a grant of a GP License to someone who received the code.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    1. Re:Good Luck by rgmoore · · Score: 5, Insightful

      The problem with the compatibility argument is that it's wrong. The primary purpose of the license string is to track whether the kernel has loaded a closed-source module. Many kernel hackers choose to ignore bug reports from systems that have loaded closed-source modules since there's a very good chance that the bug is in code that they can't access and fix. But failing to export a GPL compatible license string doesn't have any effect on the kernel's ability to load and run a module, so there's no compatibility reason to export a dishonest description of the module's license.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    2. Re:Good Luck by gmack · · Score: 5, Informative

      Putting MODULE_LICENSE("GPL") is not requred to make the module load. All it does is enable access to a small amount of GPL only helpers and keep crash reports from flagging the system as "tainted".

    3. Re:Good Luck by CedgeS · · Score: 1
      However that is not the analogous because the kernel will load the module regardless of the contents of the license. It will display "kernel tainted" if the license doesn't match.

      This is like the game console starting up whether or not the trademark call is made, and still calling the trademark.

    4. Re:Good Luck by julesh · · Score: 4, Insightful

      Important differences between the case you cite and this one:

      1. That's a trademark, this is copyright. Very different.
      2. There is no real reason why they _have_ to have "GPL" at the start there. Their code will work without it, it will just cause a message to the effect that there are non-GPL drivers loaded to be displayed.
      3. In the case you site it _is_ the console's integral code that displays the trademark. In this case it is the module code in question that includes the text "GPL", followed by a string termination character, in a space reserved for the module's license.

      OTOH, I would note that the letters GPL do not in themselves constitue a license grant; they are merely an abbreviation that is usually used to refer to a specific license. In this case, however, they could just as easily stand for "Greg's Private License" (under which you don't get any rights whatsoever).

    5. Re:Good Luck by Sloppy · · Score: 5, Interesting
      there's no compatibility reason to export a dishonest description of the module's license.
      Sure there is. Say you're the company that makes the winmodems (or whatever this hardware is). Your customer files a bug report for something totally unrelated to the modem driver code, say a filesystem bug. Hans Reiser decides he has better things to do that worry about whether or not some uninitialized pointer in the winmodem driver code happens to be corrupting disk buffers, so he files the report in /dev/null. (Now maybe that's a wise thing for him to do, but still, maybe it was also a real bug in the filesystem. Whatever.) The customer's problem doesn't get looked at. The customer gets unhappy. The customer finds out that it's because of your driver, that they're unhappy. They decide to not buy any more of your crappy undocumented winmodems. You pay a price in the market.

      Now I kind of like that justice, but that's because I happen to fucking hate winmodems even more than I hate closed drivers. It's still a pretty good reason, though, to have your driver lie to the kernel. Maybe, just maybe, you're sure your driver is ok, and don't want its closed-ness to get in the way of people getting bug reports for completely different parts of the kernel.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    6. Re:Good Luck by sir_cello · · Score: 1

      > It is very unlikely that they would view it as a grant of a GP License to someone who received the code.

      Wrong. In the absence of any other clear information this would be read as an indication by the manufacturer that the code is GPL licensed, and someone would rely ion it in good faith.

      In fact, this may raise DMCA issues because the manufacturer has evaded the RMI mechanisms in the kernel.

    7. Re:Good Luck by phats+garage · · Score: 0
      The problem with the compatibility argument is that it's wrong. The primary purpose of the license string is to track whether the kernel has loaded a closed-source module.

      This is much the same as Microsofts signed drivers strategy, only without the robustness and cheat prevention. While the advantage is clear with open source and troubleshooting, how are you going to really get an advantage from a "GPL" marker if me, joe the amateur c hacker removes a line or two from a module source code to make it run faster, leaves the "GPL" marker, then sends a bogus bug report?

      Clearly theres going to be an implied trust factor with bug reporters, whereas signed code tends to focus somewhat less on trust and more on enforcement.

    8. Re:Good Luck by rgmoore · · Score: 1

      That's an argument for why you'd want to lie, but it has nothing to do with compatibility. In the case cited above, the game writer was allowed to use material from the console in order to get its game to run at all, i.e. to maintain compatibility with the console. That's not the case with a Linux module license. The module will load no matter what license you export, so being dishonest about the license is not necessary for reasons of compatibility.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    9. Re:Good Luck by Otto · · Score: 2, Insightful

      You pay a price in the market.

      Agreed, in theory. But the solution they use here is worse, no? Because now, instead of unhappy users, you have ticked off kernel developers. And they have no reason to support you, your users, your business model, anything. They now start talking about blacklisting you and your drivers and your children from the kernel in any way whatsoever. So now, instead of having stuff that worked but didn't get free support, you have stuff that won't work because the community has decided that they hate you and want to see you and your crappy hardware to burn in hell.

      Not a good plan, it seems to me.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    10. Re:Good Luck by shiftless · · Score: 1

      Now I kind of like that justice, but that's because I happen to fucking hate winmodems even more than I hate closed drivers.

      It would seem to me that you don't know many details of Winmodems if you claim to hate them. A Winmodem with hardware DSP is simply a modem that uses a DSP to transfer data from modemPC instead of a serial port. The control code is also located in the driver instead of firmware (makes it easier to update, and no slowdown). The advantage to using a DSP over a serial port is that serial ports are not fast enough to transfer the amount of data a V.92 modem is capable of transferring after compression, etc.

      The Winmodems you probably don't like are the kind with the software DSP. In other words, the DSP and control code are all implemented in software. But there are some good software DSP modems out there, such as the Lucent (now Agere) SV92p chipset.

    11. Re:Good Luck by GigsVT · · Score: 1

      But that's still not a compatibility reason.

      That's a marketing reason, and the precise purpose of kernel taint anyway, the pragmatic reason for avoiding something you can't debug, and the ideological reason of encouraging open hardware specs (which in turn is also pragmatic!).

      The point is the driver will crash equally well whether it lies about being GPL or not.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    12. Re:Good Luck by LurkerXXX · · Score: 1
      So the kernal developers are going to load more bloat into the kernal because they want to watch out for drivers they have a political issue with?

      Oh that's just wonderful

    13. Re:Good Luck by AstroDrabb · · Score: 2, Informative

      While Linux kernel developers most likely will not handle a bug report because of a tainted module, they will if the bug is reproduceable without that module. If the bug is in the module, why in the world would someone who is not responsible and cannot get the source code try to fix it. For example, I am a programmerm, if I write an app that causes problems under MS windows, do you think MS will fix and debug it for me when they cannot get the source code? Now, if my application triggered a bug in MS Windows, I am sure MS will fix the bug on their side, just as Linux kernel developers will fix the bug on their side if a binary only module happens to trigger a bug that is in the Linux source code. However, if some bug only ever happens with some binary only module, the problem probably is in that binary only module.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    14. Re:Good Luck by Anonymous Coward · · Score: 0

      If you don't like the free buffet provided, feel free to don an apron and start cooking. If you choose to cook you can make whatever food, in whatever style suits you. And other cooks might even listen to your opinions.

    15. Re:Good Luck by the_mad_poster · · Score: 3, Insightful

      It's not just a political issue, but I guess if you have political issues with operating systems, that's a conveniently ignorant view to take of the situation. This driver is surreptitiously loading itself as non-GPL code while telling us that it is GPL. This effects the way Linux hackers treat bug reports that are tainted with this module. This is accomplished by loading that "GPL" flag and enabling helpers that prevent bugs reports from being flagged as tainted.

      Therefore, not only does it complicate bug reports, it complicates bug reports by loading pieces of code that it's not allowed to. I'd say that makes it malware, rather than a political issue.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    16. Re:Good Luck by Anonymous Coward · · Score: 0

      Yeah, I guess you'd better stop using the kernel in disgust. Don't let the door hit you on the ass on the way out.

    17. Re:Good Luck by jnik · · Score: 1
      The customer finds out that it's because of your driver, that they're unhappy. They decide to not buy any more of your crappy undocumented winmodems. You pay a price in the market.

      Which is exactly the reason for this "feature" in the first place. Selling more winmodems is not a compatibility reason to justify defrauding the customer.

    18. Re:Good Luck by Royster · · Score: 4, Informative

      The main purposes of the Module string are twofold:

      - to "taint" the kernel so that anyone posting an oops to the lkml will get ignored.

      - to deny certain interfaces marked as GPL-only to the module.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    19. Re:Good Luck by j3110 · · Score: 1

      Why not write a supplementary license for the Linux kernel?

      Just a section that defines the terms GPL, etc. and says if you report your software as GPL, you must release the source code, or be liable for debug time, corruption, etc. caused by your software and that this agreement supercedes any EULA the user may have agreed to.

      That'll teach them, and it's fair enough. Don't lie unless you are ready to be held responsible for damages caused by your lie.

      --
      Karma Clown
    20. Re:Good Luck by cduffy · · Score: 1

      OTOH, I would note that the letters GPL do not in themselves constitue a license grant; they are merely an abbreviation that is usually used to refer to a specific license. In this case, however, they could just as easily stand for "Greg's Private License" (under which you don't get any rights whatsoever).

      I disagree. If there's some intentional communication to the effect that "this code may be used under the GPL" and it could be demonstrated that a reasonable person would, on seeing the letters "GPL", presume that the intended meaning is "General Public License", and that Greg would be reasonably expected to know this, there's a reasonably strong case to be made that Greg would be estoppeled from preventing use which would be permitted by the GPL.

      (I could go pull out my copy of West's Business Law and give better reasoning on why, but I'm supposed to be working right now. And I'm not a lawyer and this is not legal advice -- but I know contract law better than the average bird and am still pretty damn sure I'm right).

    21. Re:Good Luck by Royster · · Score: 1

      Not so different. Copyright law (in the US) disclaims any protection for "methods of operation". Trademark Law dosn't. The case should be even easier to make in a COpyright context than in a Trademark context.

      The point is that by making it a requirement to access certain functionality, they have ruined it's use as a license marker. You certainly don't get standing to sue a module distributor based on your claim that it should be covered under the GPL.

      As has been pointed out above, non-GPL modeules have a reduced number of kernel functions they can use.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    22. Re:Good Luck by Royster · · Score: 1

      RMI mechanisms are a "method of operation" and as such are not copyrightable. Thus the DMCA is not an issue.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    23. Re:Good Luck by IIH · · Score: 2, Insightful
      Your customer files a bug report for something totally unrelated to the modem driver code, say a filesystem bug

      In which case, the bug should also manifest itself if the modem wasn't loaded, so why lie about the module licence?.

      ... so he files the report in /dev/null.

      What companies are doing if they lie in the module licence is using the linux developers as 1st line support - someone looks at the problem in a so-called "clean" kernel, tracks it down to one bolted on "black box" and refer the user to the supplier. Result, developer wastes time locating non-related bugs, which I believe is the reason the "tainted" message came into being in the first place

      It's still a pretty good reason, though, to have your driver lie to the kernel. Maybe, just maybe, you're sure your driver is ok, and don't want its closed-ness to get in the way of people getting bug reports for completely different parts of the kernel.

      No, it's not a valid reason at all. If you're sure you're driver is okay, a kernel bug should still be there if your driver is absent. If it's not, maybe, just maybe, the bug is with the module, and by lying to the kernel you're just wasting everyones time.

      --
      Exigo spamos et dona ferentes
    24. Re:Good Luck by DonGar · · Score: 1

      But aren't some of those GPL helpers really important?

      I thought there were a number of hooks that were simply no longer available (even by workaround) for non-GPL modules.

      --
      plus-good, double-plus-good
    25. Re:Good Luck by gmack · · Score: 2, Informative

      Not really.. at the moment all your prevented from doing is preforming deep magic with the system internals.

      It's important to note that Linuxant's stated reason for doing this was to avoid worrying the users with a "loading tainted module" warning on startup. There was not even the attempt at a technical arguement.

    26. Re:Good Luck by flossie · · Score: 1

      I like the idea. Unfortunately I don't think there would be any way legal reason for the module developer to take the slightest bit of notice. The Linux kernel asserting that the module is GPL would not make any difference in court.

      It is the user of a module that causes it to be loaded, not the developer. Just because a company makes a binary driver that works on Linux available to its customers, it does not follow that the module developer has entered into any kind of contract with the kernel developers. There would be no grounds to sue for access to the source code on this basis.

    27. Re:Good Luck by Richardsonke1 · · Score: 1
      If anyone cares for more specifics, this case was Sega v Accolade. Sega is obviously a closed-source system, and the only way that a company could create games for the console (the Genesis at that time) was to liscense the code from Sega. Accolade did not want to do this, however, and decided to reverse engineer the code. And let me note that they were very good at reverse engineering and knew how to keep it legal. Because they used a clean/dirty room setup, the people who looked at the decompiled code never wrote any of the real code. That way, there was no possible copywrite infringement.

      This was great for the first version, then Sega got smart and added a "password" required for the game to operate. Accolade again decompiled a new game cartridge and found this password. The only issue, though, is that on entry of this "password", the Genesis would display a message on the screen noting that the game was either written or liscensed by Sega. Sega said this was infringement on their Trademark and that Accolade's game did not have to show this message. They were unable to prove the fact that the message could optionally be not displayed. The court sided with Accolade saying that the reverse engineering was legal as long as they did not use the code in their own design.

      --
      "Men lie."
      "Yeah, about sleeping with other women, but never about bioluminescent plankton."
      -Dan Brown
    28. Re:Good Luck by mpe · · Score: 1

      If you're sure you're driver is okay, a kernel bug should still be there if your driver is absent. If it's not, maybe, just maybe, the bug is with the module, and by lying to the kernel you're just wasting everyones time.

      e.g. the module writer has used some kind of hack which whilst it may work fine on their machine causes problems in the general case. Especially if their starting point was some, already untidy Windows, code.

    29. Re:Good Luck by mpe · · Score: 1

      It is the user of a module that causes it to be loaded, not the developer. Just because a company makes a binary driver that works on Linux available to its customers, it does not follow that the module developer has entered into any kind of contract with the kernel developers.

      However they have entered into an agreement with their customers. Effectivly they are telling people "this code is GPL", thus they are obliged to make the source available to anyone they supply the binary to.
      Effectivly it's a case of the description on the "box" and what is actually in the "box" being very different from what is in the "box".

      There would be no grounds to sue for access to the source code on this basis.

      There are no grounds for random kernel developers to sue. The grounds for a customer to sue are along the lines of "The defendent claims the software they supplied is covered by a standard copyright licence (the GPL) but have failed to honour their obligations under that licence".

    30. Re:Good Luck by Rocinante · · Score: 1

      to deny certain interfaces marked as GPL-only to the module

      Does this have to do with the status of the driver as a derivative work of the kernel? As I understand it (and I may well understand wrong), Linus believes that some drivers should be considered derivative works, and some (such as the Nvidia drivers), should not. I could see how conforming to a published API could make the difference.

      So, if you take a hex editor to this binary, and replace "GPL" with "XXX", does the thing still work? If not, would that imply that it relies on these GPL-only interfaces, and is therefore a derivative work of the kernel, which must be distributed under the GPL? (And if so, would anyone have the stones to take Linuxant to court over such a grey-area matter, for the first real in-court test of the GPL?)

      --
      Just trying to open someone's head! I mean "mind!" Open someone's mind, um, to the possibilities! With explosives!
    31. Re:Good Luck by Royster · · Score: 1

      Linus is very probably correct that some drivers are so intimately tailored to the kernel that they are legallyt derivative works of the kernel. The Nvidia drive is *clearly* not one such driver as the binary part is the same binary blob as the Windows driver uses. The glue layer which merges the blob to the kernel *is* licensed under the GPL.

      The eventual result -- use this interface and you're OK but use that function and you're not -- grossly misstates that which makes a module a derivative work.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    32. Re:Good Luck by kylemonger · · Score: 1

      The case was Sega vs. Accolade, by the way.

    33. Re:Good Luck by Anonymous Coward · · Score: 0

      The Nvidia dirver is clearly a derivative of the kernel, all drivers are. And since all drivers are derivatives, then all drivers have to be licensed under the GPL. There can be no question about this.

      But I guess noone of the kernel developers have any balls. So it's open season for binary drivers.

      So here's a message to all the binary driver developers:

      Violate the linux kernel to your hearts content!!
      Noody cares!! You want get any trouble!!

    34. Re:Good Luck by sir_cello · · Score: 1


      You don't understand.

      The Linux kernel is copyright (with a GPL license).

      The licensing mechanism in the module identification is effectively an RMI mechanism, as it provides a global identification as to the nature of the license of the whole kernel.

      The DMCA amended copyright act provides RMI as applied to copyright works, which would seem to apply here.

      Evading this mechanism is effectively distorting the rights management information, and thus a DMCA infringement.

    35. Re:Good Luck by Anonymous Coward · · Score: 0

      So the kernal developers are going to load more bloat into the kernal because they want to watch out for drivers they have a political issue with?

      No, they're going to beat a company down for not following the specification and thus making life harder for everybody else.

    36. Re:Good Luck by Anonymous Coward · · Score: 0

      Is this a joke? If not, give me a break. I can create a device driver for any given hardware that will run on any suitably-equipped unix-style kernel with the addition of OS-specific bindings. Such a driver is no more a derivative of the kernel than any POSIX-style application.

  35. Agreed by 0x0d0a · · Score: 1

    Clearly this is a case of needing to revoke the driver's Major Number.

    1. Re:Agreed by Anonymous Coward · · Score: 0

      On the orders of General P. Fault!

  36. Re:Real world vs. fanboy fantasies by dijjnn · · Score: 1

    you're statements are facetious. If your comment isn't modded down as flamebait and/or offtopic, then someone made a mistake.



    I am what most people would consider a highly trained technical professional. Unlike most people who spout off at this site, I have the certificates to prove this, and furthermore they're issued by the biggest software company in existence.



    yes, because most people consider an MCSE to be better than a PSE or a CCNP. That's the way it is on the street, is it? I'll take a free software zealot over you any day, at least they know what they're talking about, even if their opinions are far left.



    --
    ~dijjnn
  37. Excuse me, but... by iamacat · · Score: 4, Insightful

    It is a problem with the company lying to the kernel

    Yes, but the kernel is not a person, right? In fact lying to hardware/software is a well-accepted practice for interoperability, emulation and fair use. If we want it to be illegal, we might as well defend DMCA.

    1. Re:Excuse me, but... by Nimrangul · · Score: 1
      If you don't need to tell the system a lie, do you?

      I don't emulate Linux when I can run something from OpenBSD, sure I could tell the programme that it's running on Linux but it is not needed and would be of no benefit.

      --
      I'm sick of following my dreams - I'm just going to ask them where they're going and hook up with them later.
    2. Re:Excuse me, but... by JabberWokky · · Score: 2, Insightful
      In fact lying to hardware/software is a well-accepted practice for interoperability, emulation and fair use.

      That would make sense if this had anything to do with "interoperability, emulation and fair use". The kernel doesn't care what license it is; it will load a module under any license. This is strictly a user documentation string for the people who might have personal care about the license. You can put "This code 0wned by Darl", and it will load just fine.

      This is strictly a case of a manufacturer lying about the license to the end user.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    3. Re:Excuse me, but... by Lehk228 · · Score: 1

      the difference is that the lying is NOT FOR COMPATABILITY, it is to conceal the nature of the driver from debuggers.

      --
      Snowden and Manning are heroes.
    4. Re:Excuse me, but... by Joe+Enduser · · Score: 1
      Note that a function exists,
      EXPORT_MODULE_GPL
      that exports symbols in a way not accessible by modules under non-gpl licenses.

      See the Linux Kernel Mailing List FAQ

  38. Original Post and Linus's Reply. by Anonymous Coward · · Score: 0

    Original Post:

    Someone needs to take a look at the MODULE_LICENSE string reported by
    the HSF modem drivers made by LinuxAnt.

    http://www.linuxant.com/drivers/hsf/full/downloa ds .php

    They creatively inserted a \0 character in it.
    MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others,
    only LICENSE file applies");

    Runnning modinfo -F license on the compiled driver gives:
    GPL because of their creative null character. The actual license for most of
    the files is NOT GPL.
    --=20
    Jon
    http://tesla.resnet.mtu.edu
    The only meaning in life is the meaning you create for it.

    Linus's Reply:

    On Tue, 27 Apr 2004, Carl-Daniel Hailfinger wrote:
    >
    > LinuxAnt offers binary only modules without any sources. To circumvent our
    > MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration:
    >
    > MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others, only
    > LICENSE file applies");

    Hey, that is interesting in itself, since playing the above kinds of games
    makes it pretty clear to everybody that any infringement was done
    wilfully. They should be talking to their lawyers about things like that.

    Anyway, I suspect that rather than blacklist bad people, I'd much prefer
    to have the module tags be done as counted strings instead. It should be
    easy enough to do by just having the macro prepend a "sizeof(xxxx)"
    thing or something.

    Hmm. At least with -sdt=c99 it should be trivial, with something like

    #define __MODULE_INFO(tag, name, info) \
    static struct { int len; const char value[] } \
    __module_cat(name,__LINE__) __attribute_used__ \
    __attribute__((section(".modinfo"),unused)) = \
    { sizeof(__stringify(tag) "=" info), \
    __stringify(tag) "=" info }

    doing the job.

    That should make it pretty easy to parse the .modinfo section too.

    Linus

    Please post other response if you have it. It was unavailable by the time I got to it.

  39. Thought experiment by Sloppy · · Score: 5, Insightful
    Just to play Gates' advocate... reverse the players and see if people still see the situation the same way.

    Suppose that Lexmark made a printer that looked for a certain string in a ROM on an ink cartridge. Let's say the string was "The manufacturer of this cartridge agrees to the terms of the ELL (Evil Lexmark License)." If the string is present, the printer works great; if the string is not present, the printer has undesirable behavior of some kind.

    Further suppose you want to make an ink cartridge for your Lexmark printer, and thus for the purposes of optimum interoperability, you imbed into the ROM: "The manufacturer of this cartridge agrees to the terms of the ELL (Evil Lexmark License).\0Just kidding. Of course I don't REALLY agree to the Evil Lexmark License, because after all, IT'S EVIL!! It even has \"Evil\" right there in the name, what more proof do you need?!? Sheesh, people!"

    Are you bound to the ELL?

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Thought experiment by Anonymous Coward · · Score: 0

      no. the intent of the author is the intent of the author and that's it. you're not going to argue with any reasonable person, never mind a judge, that since my software knows what this person meant more than he did. even if the null was inserted with the intention of circumventing some check, it's obvious by that fact that the author never inteded to comply with the license.

    2. Re:Thought experiment by nacturation · · Score: 5, Insightful

      Or suppose that a website doesn't work in Mozilla unless you have Mozilla identify itself as Internet Explorer.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    3. Re:Thought experiment by JabberWokky · · Score: 1
      That would make sense... except for the fact that there is no check. They could have put in the string "You agree to send us your firstborn", or "This code 0wned by Darl", and it would load just fine. It's a misleading documentation string.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    4. Re:Thought experiment by Anonymous Coward · · Score: 4, Insightful

      > If the string is present, the printer works
      > great; if the string is not present, the printer
      > has undesirable behavior of some kind.

      But there is where you analogy breaks down. If all the printer did was log in it's memory somewhere that a non-lexmark ink cart had been used so they could void your warranty for any printhead damage there would be no objection. But printers refuse to print without the secret knock and linux will load a module without the GPL tag.

    5. Re:Thought experiment by 10101001+10101001 · · Score: 4, Insightful

      So, the shoe is on the other foot. And copyright can be twisted to advantage the user (GPL). That doesn't mean every license is a good license.

      The fact is, the kernel doesn't arbitarily malfunction when it's tainted. Instead, the taintedness is a great sign to tell the user that they really need to go to the original authors for help since no one else is able to properly debug their proper (and of course, two different modules from two different companies which each taint the kernel creates a problem which no single entity can resolve). Faking the string to not cause taintedness helps no one (in the short term it might help the company, but it might not in the long run; people might pay support money to get bugs fixed in one tainted module). Faking a string in a printer cartridge helps the user to get cheaper ink. It also helps create competition (always a good thing).

      Ironically, Lexmark's cases against various clone ink cartridge makers might decide the result of this same type of deception. Faking a string to make some program behave the way you want might be unhelpful and possibly unethical (by misleading users into believing they're using only GPLed code or wasting developers time on problems they can't solve thanks to code they can't see), but it's hard to see how it could be made illegal. Now getting such companies for false advertising...

      --
      Eurohacker European paranoia, gun rights, and h
    6. Re:Thought experiment by alex_tibbles · · Score: 1

      ...except as others have pointed out Linux doesnt stop working without the GPL license marker, it just gets tacked onto bug reports. So the analogy is not that good.

    7. Re:Thought experiment by LurkerXXX · · Score: 1
      Mod parent up. An apt analogy. People with Mozilla might complain to a webmaster that his site was broken if it's off a bit with Mozilla compared to IE. Not the designer's fault, he might have only meant it to work well with IE. Extra support overhead on the web designer when he gets unneeded calls about something being 'broken'. Mozilla is therefore evil for telling the world it is IE.

      (I don't like sites designed for only IE, but then again, I like the BSD license because it is freer. I think the any Linux users who complain about the kernel module license issue, but use Mozilla with the IE identifier turned on are hypocrites.)

    8. Re:Thought experiment by Anonymous Coward · · Score: 0

      Here's an ACTUAL REAL-LIFE example of the above.

      Future Console Design, X-plorer PlayStation Cheat Cartridge.

      Check the beginning of the ROM. You see a Sony copyright message. Why? Because the ROM won't be booted without it. Immediately after that is a nice message about not being sponsored, licensed or endorsed by Sony, and some (initialled) credits.

      Is this legal? It certainly was.

      If you HAVE to include the text for it to work, and you are reverse-engineering for interoperability, then you can create an interoperable product by including the text.

      Precedent: Nintendo v. Codemasters.

    9. Re:Thought experiment by Anonymous Coward · · Score: 0

      the reverse doesn't work, because we have the source code for the kernel and can easilly modify it. However, in the case of Lexmark we don't have the source for the firmware (or even the means to modify it?).

      Linux is open source, so there is no control over it. If they are doing something you don't like, fork it.

      In any case, a module does not have to report that it is GPL to be able to load. It will load anyways. Reporting a non-GPL license will simply set a flag, that's all.

    10. Re:Thought experiment by berzerke · · Score: 1

      ...Suppose that Lexmark made a printer that looked for a certain string in a ROM on an ink cartridge. Let's say the string was "The manufacturer of this cartridge agrees to the terms of the ELL (Evil Lexmark License)." If the string is present, the printer works great; if the string is not present, the printer has undesirable behavior of some kind...

      But this is a different situation. In your example, the string is required for compatibility reasons. The kernel module string is not required for compatibility reasons.

    11. Re:Thought experiment by Anonymous Coward · · Score: 1, Insightful

      Mozilla providing a fake user agent is slightly different: The kernel takes no measures against loading binary only modules. There is nothing to work around. The only result of being truthful about the license is that users are less likely to get support from kernel developers.

      Mozilla does not give an alien user agent unless the user chooses so. This is usually done to circumvent browser checks which aren't really necessary or when the user can live with small incompatibilities. Because the user has to actively set a different UA, he knows that his browser of choice isn't supported and he's on his own.

      Now, if you lie about your browser in order to receive support even though the website author clearly told you that Mozilla isn't supported, then yes, that would make you evil in the same way that Linuxant is "evil".

    12. Re:Thought experiment by Xeleema · · Score: 2, Interesting

      (Hm, I smell a troll...but I'll bite.)
      In regards to being a hypocrite; changing the ID of a browser to IE and surfing the web does not make one a hypocrite in this case. However, if someone complained to a humble Web Admin about a bug/feature while their bowser ID was set to something other than the original ID is a hypocrite.

      --
      "When I am king, you will be first against the wall..."
    13. Re:Thought experiment by Deraj+DeZine · · Score: 1

      Then if you complain to the webmaster, he'll probably ignore your complaints, just like the Linux kernel developers ignore complaints by people using closed source drivers.

      Same reaction. Stop trying to call everyone hypocrites.

      --
      True story.
    14. Re:Thought experiment by spitzak · · Score: 2, Insightful

      This is not the same, because the string is not needed for the module to work. It can say anything it wants.

      This is more like the manufacturer actually printing "official Lexmark ink cartridge" on the cartridge.

      Imagine if the printer failed and the user sent it to Lexmark for it to be fixed. Would Lexmark really be out of line if they claimed that the user broke it by putting in that unapproved cartridge?

    15. Re:Thought experiment by frost22 · · Score: 3, Insightful

      ahem ... call me stupid - but isn't this exactly the other way round ? Internet Exporer claiming itself to be mozilla ?

      I seem to remember this from the early days of IE....

      --
      ...and here I stand, with all my lore, poor fool, no wiser than before.
    16. Re:Thought experiment by gnu-generation-one · · Score: 1

      "Or suppose that a website doesn't work in Mozilla unless you have Mozilla identify itself as Internet Explorer."

      Worse, imagine Internet Explorer having to identify as "Mozilla" for fear of websites not working!

    17. Re:Thought experiment by nacturation · · Score: 4, Informative

      Yes, IE adoped Netscape's convention of using "Mozilla/..." user agent, and added the "... (compatible; IE4...)" or similar tag. Note that Mozilla was the development name for the closed source Netscape browser way back in the browser war years when Netscape was the most popular browser around and the current Mozilla browser wouldn't even be an idea for another four or five years. So the current open sourced Mozilla browser allows users to copy the IE convention of decribing itself as a version of Internet Explorer, compatible with closed source Netscape, and then tacks its own information onto the end.

      For example, here's one sample of a possible Netscape 2 user agent string:

      Mozilla/2.02 [fr] (WinNT; I)

      Then Microsoft developed Internet Explorer. IE versions shared similar user agent strings, but this is one for IE4.0:

      Mozilla/4.0 (compatible; MSIE 4.0; Windows 95)

      Now, most open source browsers allow you to copy Internet Explorer and have a user agent such as:

      Mozilla/5.0 (compatible; MSIE 5.5; Windows XP) Gecko/whatever

      So we have Mozilla/Firefox/etc. which copied Internet Explorer which copied (closed source) Netscape. Clear as mud!

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    18. Re:Thought experiment by Anonymous Coward · · Score: 0

      Mozilla != today's Mozilla. Mozilla = closed source Netscape. You'll also note that Microsoft never complained about copying its user agent string and having other browsers spoof IE. Now having a driver spoof being GPL'd... complaints a plenty, don't you think?

    19. Re:Thought experiment by BillyBlaze · · Score: 1
      The difference in both your and your parent's example is derivation. Mozilla clearly isn't a derivative work of Explorer, and the ink cartridge's ROM isn't a derivative of the printer ROM. Under current legal theory, a kernel module probably derives from the kernel, unless it was originally intended for a different kernel and was later ported.

      I don't think modules should be derivative works, but that's for a judge, not for me, or even for Linus, to decide.

    20. Re:Thought experiment by Tim+C · · Score: 1

      Well, to be fair, MS did it first - the user agent string of every version of IE I've ever used (3.0 up) has contained the word "Mozilla" in it (as well as the word "compatible", of course).

      It'd be pretty hypocritical of MS to complain now. Besides, why would they? What do they care if some small percentage of browsers claiming to be IE aren't? It just inflates the (already huge) percentage usage figures for IE. That can only be a good thing, at least marketing-wise.

    21. Re:Thought experiment by Balp · · Score: 1

      Or as stated in the readme file, note this product is spelled Netscape but is pronoced Mozilla.

      / Balp

    22. Re:Thought experiment by Minna+Kirai · · Score: 1

      Suppose that Lexmark made a printer that looked for a certain string in a ROM on an ink cartridge.

      This has happened before. There was a game called "Heretic" based on id software's Doom. It could load 3rd-party created maps files, but only if it found a copyright string inside claiming authorship by the original Heretic publisher.

      That scheme did not hold up.

      (However, the situation with Linux kernel tainting is different. The primary purpose of the GPL flag is not to allow/disallow the module to run, but rather to communicate to the end-user about the module's Free Software status)

  40. linus's comment mirrored by kwasar01 · · Score: 1
  41. Parent post is invalid by Anonymous Coward · · Score: 0

    Just pointing out that the anonymous coward butchered the email a bit, changing several words and so on ...

    the actual email is thus:

    ---------

    On Tue, 27 Apr 2004, Carl-Daniel Hailfinger wrote:
    >
    > LinuxAnt offers binary only modules without any sources. To circumvent our
    > MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration:
    >
    > MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others, only
    > LICENSE file applies");

    Hey, that is interesting in itself, since playing the above kinds of games
    makes it pretty clear to everybody that any infringement was done
    wilfully. They should be talking to their lawyers about things like that.

    Anyway, I suspect that rather than blacklist bad people, I'd much prefer
    to have the module tags be done as counted strings instead. It should be
    easy enough to do by just having the macro prepend a "sizeof(xxxx)"
    thing or something.

    Hmm. At least with -sdt=c99 it should be trivial, with something like

    #define __MODULE_INFO(tag, name, info) \
    static struct { int len; const char value[] } \
    __module_cat(name,__LINE__) __attribute_used__ \
    __attribute__((section(".modinfo"),unused)) = \
    { sizeof(__stringify(tag) "=" info), \
    __stringify(tag) "=" info }

    doing the job.

    That should make it pretty easy to parse the .modinfo section too.

    Linus
    -

    (i notice as i press the preview button that the post had already been modded down as a troll, so, well, i guess this message doesn't have any point anymore so i'll post anonymous too)

  42. Real copy, without troll-ness by Anonymous Coward · · Score: 1, Informative

    On Tue, 27 Apr 2004, Carl-Daniel Hailfinger wrote:
    >
    > LinuxAnt offers binary only modules without any sources. To circumvent our
    > MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration:
    >
    > MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others, only
    > LICENSE file applies");

    Hey, that is interesting in itself, since playing the above kinds of games
    makes it pretty clear to everybody that any infringement was done
    wilfully. They should be talking to their lawyers about things like that.

    Anyway, I suspect that rather than blacklist bad people, I'd much prefer
    to have the module tags be done as counted strings instead. It should be
    easy enough to do by just having the macro prepend a "sizeof(xxxx)"
    thing or something.

    Hmm. At least with -sdt=c99 it should be trivial, with something like

    #define __MODULE_INFO(tag, name, info) \
    static struct { int len; const char value[] } \
    __module_cat(name,__LINE__) __attribute_used__ \
    __attribute__((section(".modinfo"),unused)) = \
    { sizeof(__stringify(tag) "=" info), \
    __stringify(tag) "=" info }

    doing the job.

    That should make it pretty easy to parse the .modinfo section too.

    Linus

  43. Spend a penny by eltoyoboyo · · Score: 3, Funny

    Linus' 2 cents undoubtedly cost the hoster of his message more than that in /.ed bandwidth.

    --
    Have you Meta Moderated t
  44. Lying should be OK... by zulux · · Score: 5, Insightful

    Here's why:

    If Office 2003 started asking the Win32 API - areYouReallyMicrosoftWindows(). Then MS Windows would return true...

    What would Wine get to return?

    --

    Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

    1. Re:Lying should be OK... by DraKKon · · Score: 0, Offtopic

      Cheese..

      --
      "It's not like your minds are as open as the source you love..." - Me to the majority of Slashdot.
    2. Re:Lying should be OK... by hiroko · · Score: 2, Interesting

      If Office 2003 started asking the Win32 API - areYouReallyMicrosoftWindows(). Then MS Windows would return true...

      What would Wine get to return?

      I'm not convinced...

      Wine could reply false, and if $MS_PRODUCT failed to work for that reason then there would be some nice material for anti-trust litigation.

      You could argue that the failure to work could be more subtle, like performing some operations more slowly, but as we have the ability to change the value returned to areYouReallyMicrosoftWindows(), we could figure out if it was affecting the programs operation.

      --
      Just because you can't, doesn't mean you shouldn't.
    3. Re:Lying should be OK... by Anonymous Coward · · Score: 0
      Here's why:

      If Office 2003 started asking the Win32 API - areYouReallyMicrosoftWindows(). Then MS Windows would return true...

      What would Wine get to return?


      Only 1 small problem with that comparison: The kernel will still load modules even if they don't have a LICENSE string. They taint the kernel to let kernel hackers know that the kernel that has to be debugged has non-free code in it that they can't use in debugging or fix. Hiding as GPL just makes it more difficult for kernel hackers to fix problems in the kernel because they think there is a problem with open-source code, while the problem might lie within the "hidden" closed source driver.

      A better comparison with your situation is asking whether or not Microsoft should have to give end user debugging support to someone using Office under WINE.
    4. Re:Lying should be OK... by ibsteveog · · Score: 1

      Emulating windows and thus emulating the areYouReallyMicrosoftWindows() function is not the slightest bit like lying about your license. And you don't emulate a license.

    5. Re:Lying should be OK... by Lehk228 · · Score: 1

      Who is to say office yould fail to run on false, if it just popped up a message saying "Warning: Office has detected a simulated windows environment, Microsoft can neither assure Proper performance nor provide support for problems within this configuration." It would be legitimate

      --
      Snowden and Manning are heroes.
    6. Re:Lying should be OK... by Anonymous Coward · · Score: 0

      Consider the following program:

      10 REM *** This program is licenced under the GPL
      20 DIM License$
      30 LET License$ = "MS-EULA"
      40 CALL WhatIsYourLicense License$

      Where is the program lying about it's licence? A license is a legal document, not a programming construct.

    7. Re:Lying should be OK... by ADRA · · Score: 1

      VMWare lies to the OS all the time. Should OS vendors start sueing VM companies? No? What's the difference? VMWare is using a public API known as IBM-PC.

      Wine emulated the Win32 API which as far as I have seen is an API and AFAIK can be used for any use.

      If microsoft had a set of proprietary hooks that only specially licensed products could use, would it be concidered fair use to use those functions? Answer: It depends. If the functions were ment to be run outside of the OS, then yes, you have grounds to assume that because MS is using this highly undocumneted function, then anyone can. But, if the function was never intended to be used outside of the core product, then the person emulating it would be in violation.

      Windows doesn't have the same control over the use of their core system simply because almost all their drivers, API, etc. are well known and fair use applies that anyone can write a windows driver (or windows driver loader) based on the specifications of the API's.

      --
      Bye!
    8. Re:Lying should be OK... by spitzak · · Score: 1

      First of all, if Office 2003 worked even if that function returned false, it would be like the current situation. Modules will load and run without claiming they are GPL.

      SInce it is necessary to make Office 2003 work, Wine certainly has the right to return true. However when you run Office 2003 atop Wine, you don't have the right to call Microsoft and use their time and money to debug your installation and to lie to them and keep telling them you are running a real copy of Windows.

  45. And the patch itself... by Anonymous Coward · · Score: 0

    Hi,

    LinuxAnt offers binary only modules without any sources. To circumvent our
    MODULE_LICENSE checks LinuxAnt has inserted a "\0" into their declaration:

    MODULE_LICENSE("GPL\0for files in the \"GPL\" directory; for others, only
    LICENSE file applies");

    Since string comparisons stop at the first "\0" character, the kernel is
    tricked into thinking the modules are GPL. Btw, the "GPL" directory they
    are speaking about is empty.

    The attached patch blacklists all modules having "Linuxant" or "Conexant"
    in their author string. This may seem a bit broad, but AFAIK both
    companies never have released anything under the GPL and have a strong
    history of binary-only modules.

    Regards,
    Carl-Daniel
    --
    http://www. hailfinger.org/

    ["module_blacklist.diff" (text/plain)]

    --- linux-2.6.5/kernel/module.c~ 2004-04-04 05:37:37.000000000 +0200
    +++ linux-2.6.5/kernel/module.c 2004-04-27 01:24:14.000000000 +0200
    @@ -34,6 +34,7 @@
    #include <linux/vermagic.h>
    #include <linux/notifier.h>
    #include <linux/stop_machine.h>
    +#include <linux/string.h>
    #include <asm/uaccess.h>
    #include <asm/semaphore.h>
    #include <asm/pgalloc.h>
    @@ -1112,6 +1113,14 @@
    }
    }

    +static inline int license_author_is_not_blacklisted(const char *author)
    +{
    + /* LinuxAnt is known to ship non-GPL modules with license=="GPL"
    + to cheat on our checks. Stop them from doing that. */
    + return !(strstr(author, "Linuxant")
    + || strstr(author, "Conexant"));
    +}
    +
    static inline int license_is_gpl_compatible(const char *license)
    {
    return (strcmp(license, "GPL") == 0
    @@ -1121,12 +1130,16 @@
    || strcmp(license, "Dual MPL/GPL") == 0);
    }

    -static void set_license(struct module *mod, const char *license)
    +static void set_license(struct module *mod, const char *license,
    + const char *author)
    {
    if (!license)
    license = "unspecified";
    + if (!author)
    + author = "unspecified";

    - mod->license_gplok = license_is_gpl_compatible(license);
    + mod->license_gplok = license_is_gpl_compatible(license)
    + && license_author_is_not_blacklisted(author);
    if (!mod->license_gplok) {
    printk(KERN_WARNING "%s: module license '%s' taints kernel.\n",
    mod->name, license);
    @@ -1466,7 +1479,8 @@
    module_unload_init(mod);

    /* Set up license info based on the info section */
    - set_license(mod, get_modinfo(sechdrs, infoindex, "license"));
    + set_license(mod, get_modinfo(sechdrs, infoindex, "license"),
    + get_modinfo(sechdrs, infoindex, "author"));

    /* Fix up syms, so that st_value is a pointer to location. */
    err = simplify_symbols(sechdrs, symindex, strtab, versindex, pcpuindex,

  46. What is MODULE_LICENSE? by alanwj · · Score: 1

    What is the effect of the MODULE_LICENSE checks? In particular, what benefit does LinuxAnt gain from tricking the kernel into thinking its license string is "GPL"?

    -Alan

    1. Re:What is MODULE_LICENSE? by alanwj · · Score: 2, Informative

      I found this link elsewhere in the discussion, which answers my question.

      http://www.uwsg.iu.edu/hypermail/linux/kernel/01 10 .1/1048.html

      -Alan

  47. DMCA by rabel · · Score: 1

    We need some good DMCA-type encryption and copy protection in the kernel. Perhaps Microsoft would volunteer to write that module? To prevent this sort of thing from happening in the future, every user should be get a passport ID to use their drivers. That'll fix it.

  48. nonGPL modules by nuggz · · Score: 3, Informative

    One of the issues with closed source kernel modules is that some developers don't want to waste time debugging them. Since they aren't GPL, and there is no source, they feel their time can be better utilized in other places.

    One way to note this is have each module announce its license to the kernel, and a method exists for this.

    I think the intent is clearly to try and fool people into supporting this module, even if that person wishes to avoid supporting non GPL code.

    I think this is very underhanded, and going to create significant ill will with some developers.

    1. Re:nonGPL modules by Call+Me+Black+Cloud · · Score: 1


      That's interesting, but what if it's part GPL as in this case? Isn't that a step in the right direction, or is a case of "either you're for us or against us"? Why isn't any support for Linux welcomed? More stuff, open or closed, can only help the "cause" it seems to me...

    2. Re:nonGPL modules by davidkv · · Score: 1

      Read the links. Their GPL directory is empty.

    3. Re:nonGPL modules by AstroDrabb · · Score: 1
      Most drivers/modules that are not GPL, only release a small wrapper that is GPLed. For example, the NVidia driver for Linux has a small wrapper module that is GPL and that wrapper uses a binary only library where all the real stuff happens and has the code that NVidia wants to keep proprietary. There is nothing wrong with this method. NVidia correctly marks their modules.
      Why isn't any support for Linux welcomed? More stuff, open or closed, can only help the "cause" it seems to me...
      This is not an issue for not wanting the extra drivers. Even if those drivers are binary only. As I mentioned this is what NVidia does and their drivers are most welecomed for many Linux users becuase of their quality. ATI also does this, as well as others. The problem lies in the fact that this company is lying about thier modules being released under the GPL. Imagine if this was happening to MS, they would have a team of lawyers on this in no time. Also, as an end-user, you have the right to know what licence different parts of the software are licenese under. This product is trying to obscure its license.

      As a long time desktop Linux user, I would prefer to have all the dirvers I ever needed to be Open Source. However, I would not turn down a quality closed source driver that is easy to install such as those provided by NVidia for their graphics cards. In fact, I only purchase NVidia because of their support for Linux and the quality of their Linux drivers. Their Linux drivers have every feature that their MS Windows drivers do thanks to their unified driver approach.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    4. Re:nonGPL modules by ckaminski · · Score: 1

      no one is preventing someone from releasing binary only drivers (note nVidia). What they are trying to do, is prevent people from presenting binary-only drivers as "Linus supported" when in reality they are not.

      There is a mechanism for this. Either work with it, or do not.

      Think of it this way: What would Microsoft do if someone started signing their WindowsXP modem drivers as Microsoft HCL Certified without Microsoft's permission/approval? This is no different.

    5. Re:nonGPL modules by SuiteSisterMary · · Score: 1

      The parent post is a bit poorly worded. It's not that the devs refuse to debug non-free software, so much as, if the source isn't available, there's nothing *to* debug, so why waste time even looking at it?

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  49. Re:Real world vs. fanboy fantasies by Lord+Kano · · Score: 1

    Only clueless fanboys would give a damn about under which license their drivers are distributed.

    You've obviously never needed to use a driver with the 2.4 kernel that was written for the 2.2 kernel.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  50. On KernelTrap too by unsinged+int · · Score: 1

    Hop on over there if you want the whole thing.

  51. The system makes you lie by RAMMS+EIN · · Score: 4, Informative

    The licensing constraints on modules makes you lie about the license your module is under. Consider this:

    I prefer to develop my modules under the revised BSD license, so that others can port them to the BSDs without running into licensing issues. However, Linux will mark the kernel as tainted when a BSD-licensed module is inserted. So I mark them as Dual GPL/BSD, so that they can be loaded without complaints, although I really don't want to release them under GPL, as that would pose a risk that others add code under GPL that could then not be used in the BSDs.

    Ok, that may sound confusing as I typed it in a hurry, but you can make sense of it if you try.

    --
    Please correct me if I got my facts wrong.
    1. Re:The system makes you lie by 0x0d0a · · Score: 2, Insightful

      I prefer to develop my modules under the revised BSD license, so that others can port them to the BSDs without running into licensing issues. However, Linux will mark the kernel as tainted when a BSD-licensed module is inserted. So I mark them as Dual GPL/BSD, so that they can be loaded without complaints, although I really don't want to release them under GPL, as that would pose a risk that others add code under GPL that could then not be used in the BSDs.

      They could do so anyway. BSD-licensed code can be relicensed to GPL-licensed code.

    2. Re:The system makes you lie by RAMMS+EIN · · Score: 1

      True, but then they'd have to fork the project.

      --
      Please correct me if I got my facts wrong.
    3. Re:The system makes you lie by Anonymous Coward · · Score: 0

      Perhaps the criteria that determine if the kernel is "tainted" should be changed. It seems to me that any code that's licensed in a less restrictive way than the GPL should be allowed. I wonder if the kernel maintainers have a good reason for it?

      Anyway, I think you should talk to them about it, maybe by posting to the mailing list

    4. Re:The system makes you lie by RAMMS+EIN · · Score: 1

      Sorry you posted that as AC, as I think you're absolutely right.

      --
      Please correct me if I got my facts wrong.
    5. Re:The system makes you lie by spitzak · · Score: 1

      The GPL does not mean you are forced to accept their patches either. So they would have to fork it anyway if you made it GPL/BSD dual-licensed.

      Actually it is quite impossible to find any reason to not dual-license your BSD code, since there is nothing the GPL allows somebody to do that the BSD license does not.

      You could use normal copyright, but I don't think the kernel developers are interested in debugging your source code in that case, either, since they have to submit the fixes back to you for them to be incorporated, and everybody would have to get the fixed version from you.

    6. Re:The system makes you lie by spitzak · · Score: 1

      By definition, anything "less restrictive than the GPL" cannot prevent you from doing something that the GPL allows you to do. Therefore there is no reason not to dual-license the code as both GPL and BSD.

      If you say "but my code can't be GPL'd" then you have made a rule that is obviously more restrictive than the GPL (which obvioiusly allows GPL'd code).

      Everybody trying this argument is really saying they want something *more* restrictive than the GPL. They word their arguments very creativly, but they all are equivalent to saying that they require that nobody make a derivative work other than the original author. Now that is a perfectly logical view on how to control your own creative work, but unfortunatly the kernel developers are uninterested in fixing your code under those restrictions. Maybe you can change their mind, but stop trying to lie and say you are "less restrictive than the GPL".

    7. Re:The system makes you lie by RAMMS+EIN · · Score: 1

      I just reread your post and put my finger on the hole I couldn't gind earlier.

      You are saying that anfthing not GPL-compatible is by definition more restrictive. That may be the FSF's definition, but it is not one I'd share. What you probably mean is that GPL-compatibility means that there cannot be any extra restrictions, i.e. beyond what the GPL has.

      Now, for the sake of argumentation, consider the old BSD license, the one with the advertising clause. In the GPL, there is no mention of having to credit the authors in advertising, so obviously the old BSD license is not GPL-compatible.

      However, there are many restrictions in the GPL that are not in the old BSD license. You cannot distribute the product without making the source code available, you cannot link a non-GPL program with the GPL code, and you probably cannot make a derivative product and distribute it under a license other than the GPL, either. With the old BSD license (as with the new), these are all perfectly fine, as long as you preserve the copyright notice on the code you reuse. I dare say that the GPL is more restrictive than the old BSD license.

      It also serves as an example of a less restrictive license that prevents you from doing something the GPL doesn't prevent you from doing, namely advertising your product without saying it contains software developped by... This runs against the central point in your post. Since GPL/BSD could be taken to mean GPL or old-style BSD, there is a significant difference between licensing your module as BSD or GPL/BSD.

      --
      Please correct me if I got my facts wrong.
    8. Re:The system makes you lie by spitzak · · Score: 1

      Nothing prevents you from dual-licensing your code GPL+BSD except that you don't want to give up restrictions (in your example the advertising clause) that the GPL would require you to.

      It does not matter how many other restrictions of the GPL your other license lacks. If you cite even one restriction that says "that's why I can't GPL it" then you are admitting that you can't use the GPL because you want more restrictions. There is NOTHING wrong with wanting that, but there is something wrong with trying to twist the argument into "I'm being less restrictive thant the GPL". You are not being less restrictive than the GPL, because if you were you would not care if you also made it GPL.

      So I stand by my original argument: everybody unwilling to release their code GPL and claiming that they are being "less restrictive" is lying.

    9. Re:The system makes you lie by RAMMS+EIN · · Score: 1

      ``If you cite even one restriction that says "that's why I can't GPL it" then you are admitting that you can't use the GPL because you want more restrictions.''

      Not necessarily more, just different ones. Why is this so hard to see?

      I can't possibly see how the GPL, which does not permit redistribution under a different license, nor distribution in binary-only form, nor being linked against from a non-GPL program, is less restrictive than a license that allows all these.

      It's fine if you think that the original BSD license is less restrictive than the GPL. If you think the advertising clause so much ties your hands that it immediately makes the license more restrictive than the GPL, that's your opinion, and you're entitled to it. Just don't call me a liar if I don't share your opinion.

      --
      Please correct me if I got my facts wrong.
    10. Re:The system makes you lie by spitzak · · Score: 1

      I can't possibly see how the GPL, which does not permit redistribution under a different license, nor distribution in binary-only form, nor being linked against from a non-GPL program, is less restrictive than a license that allows all these.

      Of course it is more restrictive than that. I notice you conviently forgot to mention the advertising clause. In this case, there is NO reason why you could not dual-license your code GPL+BSD.

      Let me see if I can make this more clear: the ONLY reason to not GPL your code is because you want a restriction that the GPL does not have. The advertising clause is such a restriction. It does not matter if you include a check for a million dollars with your code, you can't say "look my license gives you a million dollars more than the GPL does, therefore it is less restrictive", because you are still lying. Your license has a restriction the GPL does not have.

      Restrictions are not a linear number. It is a set. It is quite possible for two different sets to each be "less" than the other because they intersect and do not contain things the other one does. Therefore the GPL is less restrictive than the BSD+advertising clause, and the BSD+advertising clause is less restrictive than the GPL. AT THE SAME TIME! In reality the restrctions are a partial set.

      Releasing under both the GPL and the BSD+advertising clause makes the intersection of these restrictions. This is the only way to be less restrictive than both of them at the same time. No other arrangement is less restrictive than one of them.

      You would not agree if I said "it's obvious that the GPL is less restrictive than your license, because it does not have the advertising clause." I fail to see why you think anybody would agree with the opposite.

  52. DMCA?? by Anonymous Coward · · Score: 0

    I HATE to say this, and IANAL, but doesn't it protect us in this case? ...
    Just my 2 cents ...

  53. Goes both ways by MAXOMENOS · · Score: 1
    The kernel has no problem loading binary-only or non-GPL modules; you get a "kernel tainted" message and from there you make up your own mind whether to run the kernel. That's not fanaticism, that's courtesey. It protects everyone's intellectual property rights.

    The issue here is that the patch provider is lying about the license, and is opening the door for a careless user or distributor ("careless" as in "assumed that everybody abided by their social contracts") to violate the company's IP. It opens the Linux community up to all kinds of legal hassles.

  54. The creative one by CedgeS · · Score: 1

    On Tue, 2004-04-27 13:59:48 +0100, Paulo Marques
    wrote in message :
    > Carl-Daniel Hailfinger wrote:
    > >This way, the module format doesn't change, but we can do additional
    > >verification in the loader.
    >
    > The way I see it, they know a C string ends with a '\0'. This is like
    > saying that a English sentence ends with a dot. If they wrote "GPL\0" they
    > are effectively saying that the license *is* GPL period.
    >
    > So, where the source code? :)

    That's another (quite amusing:) point of view. Anybody willing to ask a
    lawyer?

    MfG, JBG

    --
    Jan-Benedict Glaw jbglaw@lug-owl.de . +49-172-7608481
    "Eine Freie Meinung in einem Freien Kopf | Gegen Zensur | Gegen Krieg
    fuer einen Freien Staat voll Freier Bürger" | im Internet! | im Irak!
    ret = do_actions((curr | FREE_SPEECH) & ~(NEW_COPYRIGHT_LAW | DRM | TCPA));


    This has already been discussed in this thread

  55. Here goes my karma... by Rick+Zeman · · Score: 2, Insightful

    ...but I sit here wondering how many of the people with their panties in a bunch over this (excepting Linus, of course) have a hard drive full of MP3's of dubious origin?
    This ain't flamebait, but a rather trenchant commentary on the hypocrisy that I see.

    1. Re:Here goes my karma... by 0x0d0a · · Score: 2, Insightful

      You know, if there really was a direct parallel here, I imagine it would be something like this.

      The RIAA would give away their entire music library for free, *including* the individual samples and source data, with the sole proviso that people not take their samples and include them in music where the sample data is not in turn released.

      Then someone ran out and sold a song that swiped RIAA member samples without releasing their own.

      That would probably get people on the side of the RIAA, yes.

      The actual situation is a little different.

    2. Re:Here goes my karma... by Rick+Zeman · · Score: 1

      The actual situation is a little different. Paint with a broader brush: It's "I won't honor someone else's rights or licenses, but how DARE someone violate mine." The business model doesn't have to be identical for their to be parallels.

    3. Re:Here goes my karma... by Anonymous Coward · · Score: 0
      It doesn't matter that the RIAA doesn't give their library away for free. They chose not to, but since /. disagrees with that, everybody feels they have the right to rip it off.

      If you truly believe that the GPL is "all about choice," then you have to respect other people's choice not to use the GPL and not to circumvent that choice.

      If you don't want people circumventing the GPL, then you also have to not want people circumventing non-GPL licenses.

      You can't have it both ways.

    4. Re:Here goes my karma... by Anonymous Coward · · Score: 0

      Go back to whacking off, and in the meantime fucking learn what hyprocisy bitch. Now what in the hell does MP3s have to do with Linux Kernel drivers? Be careful, or people will start thinking you work for SCO.

    5. Re:Here goes my karma... by Anonymous Coward · · Score: 0

      There's a massive difference between the two and therefore there is no hypocrisy. On the one hand the MP3s of "dubious origin" exist only because the record companies refuse to supply music for free. Copyright is therefore null and void in this instance. Linux on the other hand is free (as in speech) and therefore copyright rightfully applies.

      There's no mystery about this, hundreds of people carefully explain it everyday right here on Slashdot.

    6. Re:Here goes my karma... by Lehk228 · · Score: 1

      This_aint_flamebait()
      {
      Return False;
      }

      --
      Snowden and Manning are heroes.
    7. Re:Here goes my karma... by Peter+La+Casse · · Score: 1
      ...but I sit here wondering .... This ain't flamebait, but a rather trenchant commentary on the hypocrisy that I see.

      That you see, or that you wonder about?

    8. Re:Here goes my karma... by Cyno · · Score: 0, Offtopic

      I think all us Americans forfeited our right to comment on hypocrisy the day we voted Bush into office. Ashcroft has done an excellent job of enforcing these new anti-hypo laws. Soon we will be victorious in this War on Hypocrisy.

    9. Re:Here goes my karma... by Anonymous Coward · · Score: 0

      But this has nothing to do with honoring licenses. The MODULE_LICENSE string is just a conveniance for kernel developers so they know ahead of time when debugging a kernel problem that the kernel that produced the problem may contain code that they don't have access to the source on, and therefore will be much more work.

    10. Re:Here goes my karma... by swerk · · Score: 1

      Actually yes that is flamebait. Music sharing (or theft/piracy, since you seem to like inflamatory language) is a completely separate issue from kernel module licenses.

      Nobody here is looking for a free lunch, it's a simple matter of a 100% non-GPL module passing itself off to the Linux kernel as GPL. If you want to make some analogy with the music industry, it could be something like this: The RIAA has been posing as some indie label, one that's known to give nearly all the profits from distributed music to the artists. The masses wouldn't know or care one way or the other, but the folks that do care see that they're being lied to and manipulated, and are unhappy about it.

      Go ahead and accuse people of being hypocritical, if you think they indeed are, but make a sensible argument, not a knee-jerk, holier-than-thou dismissal.

    11. Re:Here goes my karma... by Anonymous Coward · · Score: 0

      This ain't flamebait, but a rather trenchant commentary on the hypocrisy that I see.

      This is flamebait, and it's either gross ignorance or deliberate trolling as well.

      This has nothing to do with copyright infringement. This has nothing to do with breaking of licenses.

      Every Linux kernel module is marked as being open source or closed source. The kernel can check the licensing status of modules when they are loaded.

      When somebody reports a Linux crash, and it's a problem with a closed-source module, the kernel devs could run around for ages trying to track down the source of the problem with no luck, and even if they could identify where the bug was, they have no way of fixing it. In short, it's nothing but a waste of time.

      So, they do the sensible thing, and mark kernels that contain closed-source modules as being "tainted". If it really is a bug in Linux, the bug will be reproducible on systems without any closed-source modules loaded, and it will still get fixed.

      This is a case where somebody has supplied a closed-source module, but marked it as open-source so that the kernel devs will still run around trying to find bugs in kernels tainted by this module. This is unreasonable behaviour from pretty much any perspective, and it doesn't even benefit the people doing it much.

      Whine all you like about hypocrisy, but you just look stupid when you don't know what the fuck you are talking about.

    12. Re:Here goes my karma... by spitzak · · Score: 1

      No, this is like taking Metallica's music and claiming you wrote and performed it.

    13. Re:Here goes my karma... by Anonymous Coward · · Score: 0

      You're way off mark. This is about a company lying to it's users, which in turn can affect kernel developers. What is happening is the this particular module is tricking the kernel that's it's GPL. This means the kernel tainted flag doesn't get set. How can the kernel developers debug problems when a binary driver is loaded and they have no access to the source?

      The kernel and the developers do not worry about people loading closed binary drivers, there is nothing in the kernel to prevent this. The problem is purely wasting time supporting something they cannot do anything about.

  56. Or how about.. by shiftless · · Score: 0, Flamebait

    just dropping the GPL fanaticism, quit worrying about what license drivers have, stop with the "kernel tainted" bullshit, and just use the damn drivers? Who give a flying fuck if they're binaries or not? I use the LTMDM driver in FreeBSD and honestly I could give a shit less that it's a binary driver. It works. I also downloaded the binaries to X4.4 when it was first released (HERESY!).

    What is the big friggin deal about binaries?

    1. Re:Or how about.. by and+by · · Score: 1

      The big deal is that Linus et al. don't wan't to be responsible for crashes caused by drivers that aren't easily fixable. The Kernel tainted bit really isn't about licencing and ideology; it's about claiming no responsibility.

    2. Re:Or how about.. by Nothinman · · Score: 1

      As I mentioned in another post, the real problem comes when someone has a problem with their 'tainted' kernel. They post a backtrace or "my kernel hung" message to lkml and if it's marked tained the developers can say "talk to the company behind the binary-only driver, they have our source code but we don't have theirs" instead of wasting hours tracking down a bug that may or may not be fixable by them.

    3. Re:Or how about.. by shiftless · · Score: 1

      The big deal is that Linus et al. don't wan't to be responsible for crashes caused by drivers that aren't easily fixable. The Kernel tainted bit really isn't about licencing and ideology; it's about claiming no responsibility.

      I think it runs a bit deeper than that. Did you see Linus's opinion on the subject?

      "Hey, that is interesting in itself, since playing the above kinds of games makes it pretty clear to everybody that any infringement was done wilfully. They should be talking to their lawyers about things like that."

      Infringment? Lawyers? WTF? So, what? They're gonna sue these people or something? Ridiculous.

    4. Re:Or how about.. by Anonymous Coward · · Score: 0

      OTOH, there's been Linux stability problems with "gamer" systems that took longer to resolve because they could only be reproduced under intense 3D activity. Examples include Athlon errata and some VIA AGP stuff. Everyone was so quick to blame the Nvidia driver that it took a long time to resolve the real issues.

      Now, kernel devs are under no obligation to debug your shit for free, but the issue is as much Political as it is Pragmatic.

    5. Re:Or how about.. by Rakarra · · Score: 1
      Infringment? Lawyers? WTF? So, what? They're gonna sue these people or something? Ridiculous.

      I doubt Linus would sue, at least not at this stage of the game. But Linuxant is leaving itself wide open for anyone who wants to sue them, and that IS something worth talking to the lawyers about. You don't think intentionally misrepresenting the type of license your software falls under is a big deal?

  57. Modules don't need to be GPL by nuggz · · Score: 4, Informative

    That would be true if such a declaration was required to function.
    However it isn't, you can load code with any license you wish, therefore this is not required for interoperability, and such a defense wouldn't be valid.

    1. Re:Modules don't need to be GPL by Royster · · Score: 1

      Certain interfaces which have been marked GPL-only are not available to modules which do not have a GPL Module License string. The GPL string is absolutely necessary if you wish to use certain functions. The kernel developers argue that anything which uses those interfaces is a derived work of the kernel and most be GPLed. But it's certainly not clear to me that that is the correct legal reasoning.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  58. (off-topic) regarding the patch by motown · · Score: 1

    I noticed the patch adding a static inline function called "license_author_is_not_blacklisted".

    Now please excuse me for never having done any kernel hacking before (although I would be interested in trying it some day, as I've been telling myself for years).

    But wasn't it considered "a bad thing" (as in: potentially confusing) to use double negatives in one's source code?

    Wouldn't it be a lot clearer to name the function "author_is_blacklisted" and having it simply return the result of the string comparison?

    --
    "Oooh, does that mean we get to kick some puffy white mad zionist butt?"
    1. Re:(off-topic) regarding the patch by Dr.+Evil · · Score: 1

      Patch submission:

      31337, 0
      >> #define license_author_is_blacklisted !license_author_is_not_blacklisted

      Woohoo, we could be kernel contributors :-)

    2. Re:(off-topic) regarding the patch by motown · · Score: 1

      Very cute. ;)

      And there'd be nothing wrong that, as long as developers simply kept using the alias instead of the real function name.

      But what if suddenly the function would have to be modified (which would be quite likely, since this "black list" will probably continue to grow as time goes by)? You start reading the implementation, while you're still used to working with the alias, which is in fact is the inverse of this function, which itself has been implemented a double negative... Aaaaaargh!

      See what I mean? ;)

      --
      "Oooh, does that mean we get to kick some puffy white mad zionist butt?"
  59. ObDMCA reference by gosand · · Score: 3, Insightful
    It's the same with drivers, and owing to the fact it's easier and cheaper to change something in sofware than hardware, more and more will be done in drivers/firmware, which means this will get even more common.

    And with the DMCA firmly in place, it will be illegal to hack YOUR hardware.

    Jeez, I used to think I might be a little paranoid, but not any more...

    --

    My beliefs do not require that you agree with them.

    1. Re:ObDMCA reference by dave420 · · Score: 1
      Some hardware it's illegal to hack with or without the DMCA. Wireless equipment, for example, requires FCC-vetting before it can be used.

      The DMCA, with regard to drivers, has little effect on most PC users around the world. Windows users don't have to hack drivers as manufacturers give them full-on drivers for free.

      You say "hacking your hardware", but you really mean "hacking your copy of someone else's software, which they're letting you use under certain terms and conditions, which you have agreed to follow by using the hardware in question". Written like that it makes your point seem a lot less valid.

      Just because you have something in your hand doesn't make it yours. Take money, for example. You have it in your wallet, yet it's not yours. You can't destroy it or copy it or anything. Passports are the same. Having it in your posession doesn't give you free reign to do whatever you want. There are lots of harmful side-effects of modifying what someone else has done, for you and that other party.

      Of course, if you think it's a plot to kill Tux, fine. :)

    2. Re:ObDMCA reference by gosand · · Score: 1
      Some hardware it's illegal to hack with or without the DMCA. Wireless equipment, for example, requires FCC-vetting before it can be used.

      Yeah, we wouldn't want the public to use the "public" airwaves. :-)

      You say "hacking your hardware", but you really mean "hacking your copy of someone else's software, which they're letting you use under certain terms and conditions, which you have agreed to follow by using the hardware in question". Written like that it makes your point seem a lot less valid.

      No, I mean hacking hardware. But when you jam a software lock on things then make it illegal to bypass that lock, the hardware isn't really yours either. If it isn't mine, then don't "sell" it to me. And I think that I do own that software when I buy it. I feel I should be able to do what I want with it as long as I don't redistribute it.If I want to destroy it, it is my business. If I want to modify it, I should be allowed to - as long as it is for my personal use. It's a slippery slope when you start to regulate what people can do with something they supposedly own.

      Of course, if you think it's a plot to kill Tux, fine. :)

      Actually, it is a plot to kill what Tux represents.

      --

      My beliefs do not require that you agree with them.

    3. Re:ObDMCA reference by dave420 · · Score: 1
      I wouldn't want someone hacking "public airwaves" if it meant my cordless phone and WLAN stopped working. After all, no single public entity has the right to stop any other public person from using public airwaves. It seems fair enough to me.

      I think people are getting confused between buying something and buying something with all the rights intact. Just because you have something in your hand doesn't mean it's yours to do with as you see fit (passports/money/drivers licenses are good examples). Unfortunately, modifying something you purchase from someone else could get the mfr in trouble. It seems fair enough that a company protect itself as best it can against such things.

      This isn't the 16th century. We're not talking about a bucket of potatoes. We're talking about very expensive, very intelligent pieces of equipment with incredible potential. To expect companies to sell these ever-improving products with no say on how they'll be used is pretty naive.

      I can seriously understand where you're coming from, but I think you're missing the bigger picture.

      Saying it's a plot to kill tux is pretty funny. It's not. It's a plot to further the interests of companies, not quash open source. If that's what happens in the process, consider it an unfortunate effect, not the goal.

  60. Why bother - driver limited to 14kbps by tomhudson · · Score: 3, Informative
    The free version of the driver is limited to 14k, even with a 56k modem, so why would you bother?

    From the license:

    7. Performance. V.92 modems are designed to be capable of receiving data at up to 56Kbps with compatible phone line and server equipment, and transmitting data at up to 31.2Kbps. V.90 modems are designed to be capable of receiving data at up to 56 Kbps from a compatible service provider and transmitting data at up to about 28.8 Kbps. Public networks currently limit download speeds to about 53Kbps. The free version of the drivers is limited to 14.4Kbps. Actual speeds vary and are often less than the maximum possible.

    I mean, even RFC 1149 (TCP/IP over Carrier Pigeon) would be better :-)

    This is crippleware.

    1. Re:Why bother - driver limited to 14kbps by Anonymous Coward · · Score: 0

      Politically Correct Police here, son. We noticed you have used an inappropriate term. The software you are referring to shall henceforth be called "differently abled ware". Thank you.

  61. Request the source by Captain+Rotundo · · Score: 2, Insightful

    Since the module reports that it is GPL, why doesn't every one start asking for the source code. Maybe they will be annoyed enough to fix the software (assuming they claim typo or some such) maybe they actually want to GPL the whole thing? :)

    1. Re:Request the source by digitalvengeance · · Score: 1

      They wouldn't provide the source code anyway. Their response to this issue (link above) indicates that some or all of the non-GPLed portion of the code is licensed to them from other distributors and public release is forbidden under that license.

      Josh.

      --
      How many roads must a man walk down? 42.
  62. wilful infringement by sir_cello · · Score: 1


    To show wilful infringement, you do need to show "intention"; although we interpret the worst that the '\0' was placed in the string specifically to evade kernel tainting, this may not hold up as "on the balance of probabilities" in a court of law without other evidence to show that it wasn't just a mistake or so on.

    1. Re:wilful infringement by Anonymous Coward · · Score: 0

      Of all the possible locations in the string to put a stray \0, how likely is it that it just *happened* to be right after the "GPL"?

    2. Re:wilful infringement by pclminion · · Score: 1
      To show wilful infringement

      Hold on right there. What have they infringed upon?

      What they've done is very low and dishonest, but I highly doubt they've broken any laws or infringed on anything. I can't imagine that there is a law saying that one piece of software cannot "lie" to another -- was the kernel module Under Oath or something? (And if there was such a law, it would be a truly dangerous and stupid law.)

  63. Trusting the data???? by lish2 · · Score: 2, Interesting

    Anyone who's heard of buffer overflows knows you should NEVER trust the string you're working with, and always check its size. Why on earth is the code written such that a \0 will break it?

    1. Re:Trusting the data???? by sfraggle · · Score: 1

      Buffer overflows arent really an issue here. When doing things like network communication, or if the kernel was checking something that could be done by an ordinary user then sure, it might be an issue. But kernel modules can only be loaded if you're root anyway.

      --
      were you expecting to see a sig here? perhaps you'd rather see the inside of an ambulance!
    2. Re:Trusting the data???? by Anonymous Coward · · Score: 0

      Hmm, untrue. Kernel module autoloading with modprobe.

    3. Re:Trusting the data???? by sfraggle · · Score: 1
      I repeat, you can only load modules as root. Try running modprobe as a normal user. It doesnt work.


      Most modern systems now have a hotplug system that automatically loads drivers, but again this only loads modules which have been installed by root.

      --
      were you expecting to see a sig here? perhaps you'd rather see the inside of an ambulance!
    4. Re:Trusting the data???? by RAMMS+EIN · · Score: 1

      ``Why on earth is the code written such that a \0 will break it?''

      Because it is C code. In C, strings are terminated by \0. I think this is a design flaw with quite a few nasty implications, but it's the way it is.

      --
      Please correct me if I got my facts wrong.
    5. Re:Trusting the data???? by James4765 · · Score: 1
      Anyone who's heard of buffer overflows knows you should NEVER trust the string you're working with, and always check its size. Why on earth is the code written such that a \0 will break it?

      Because it's running in kernel space, loaded by root. Extra security checks would slow down function calls related to modules.

      This isn't a network-exposed service - it's an internal kernel function. Not safe - yes. But if an attacker has got to the point where they can buffer-overflow a module license string, I think you have bigger worries...

    6. Re:Trusting the data???? by pclminion · · Score: 1
      Why on earth is the code written such that a \0 will break it?

      Because that's how C handles strings. A string is a series of non-zero bytes terminated by a zero byte.

      So the short answer to your question is that the code is written in that way because it has been Ordained By God (i.e., the ISO C standards committee).

      Interestingly, and had you read the article links you would have known this, Linus suggests working around this "trick" by making the license strings into Pascal-style strings where the string length is explicitly indicated by a prefix word. Doing so would cause that string to become incompatible with all other string manipulation functions so it is not something which is done lightly, or on a whim.

    7. Re:Trusting the data???? by spitzak · · Score: 1

      Calling strcmp() cannot overflow a buffer, since it does not write anything.

      And the \0 is the method C uses to record the string's size. So "checking for the size" means finding the first \0!

    8. Re:Trusting the data???? by Anonymous Coward · · Score: 0

      Doing so would cause that string to become incompatible with all other string manipulation functions so it is not something which is done lightly, or on a whim.

      False. You just need to choose different functions. Use memcpy instead of strcpy, %.*s instead of %s in xxprintf etc.

  64. Is there a command that lists the licenses? by 3770 · · Score: 1

    Is that string only used internally or can it be listed with a command? Such as

    modlicences

    or something.

    Assume for a second that a command like that existed and it gave a list of modules like this:

    forcedeth license: GPL
    Linuxant's HSF Modem driver license: GPL

    That way it would at least be very obvious and inconvenient to lie in that license string.

    --
    The Internet is full. Go Away!!!
    1. Re:Is there a command that lists the licenses? by dinivin · · Score: 1


      modinfo, when passed the name of a module, will list (among other things) the license.

      Dinivin

    2. Re:Is there a command that lists the licenses? by AstroDrabb · · Score: 4, Informative
      Yes, the command is modinfo. For example, here is what I get from the command: modinfo ext3
      $ modinfo ext3
      filename: /lib/modules/2.4.9-e.38smp/kernel/fs/ext3/ext3.o
      description: "Second Extended Filesystem with journaling extensions"
      author: "Remy Card, Stephen Tweedie, Andrew Morton, Andreas Dilger, Theodore Ts'o and others"
      license: "GPL"
      parm: do_sync_supers int, description "Write superblocks synchronously"
      If you want to just see the license, you can pass the -l (that is a lower case L) option such as: modinfo -l ext3
      $ modinfo -l ext3
      "GPL"
      While I do not have the dirver from Linuxant, their module would in fact show up to an end user as "GPL". I would think this could be a legal issue for Linuxant, since they are lying to end users of their product about the license.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    3. Re:Is there a command that lists the licenses? by mpe · · Score: 1

      While I do not have the dirver from Linuxant, their module would in fact show up to an end user as "GPL". I would think this could be a legal issue for Linuxant, since they are lying to end users of their product about the license.

      Thus it would be perfectly resonable for someone supplied this module by "Linuxant" to request the source of the module. And to submit the results of the "modinfo" command as evidence to court...
      Issues involved with misadvertising and misdescribing things they supply may alternativly land them in a criminal rather than civil court.

    4. Re:Is there a command that lists the licenses? by Quantum+Skyline · · Score: 1
      While I do not have the dirver from Linuxant, their module would in fact show up to an end user as "GPL".

      Let's take a look at one of their drivers. I don't have one of their Conexant drivers though. This is for their wireless one. The lameness filter might insert a space or two.
      bash-2.05b$ /sbin/modinfo driverloader
      filename: /lib/modules/2.4.26-lck1/misc/driverloader.o
      desc ription: "Linuxant DriverLoader for Wireless LAN devices"
      author: "Copyright (C) 2003-2004 Linuxant inc."
      license: "see LICENSE file; Copyright (c)2003-2004 Linuxant inc."
      parm: suppress_linkstatus int
    5. Re:Is there a command that lists the licenses? by AstroDrabb · · Score: 1

      I wonder why modinfo is pulling the second part of the string and not showing GPL while the kernel reads the first string and only sees GPL and does not mark the module as tainted?

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    6. Re:Is there a command that lists the licenses? by Quantum+Skyline · · Score: 1

      Its entirely possible the strings from the Conexant driver and the wireless one are different.

  65. Bringing in the lawyers by Smallpond · · Score: 1

    Umm. What law got broken here? If my software lies did I break a law? I'm in big trouble, then.

    The GPL is a copyright, not a criminal law. It says you have no right to distribute a modified version unless its also GPL. Is LinuxAnt distributing a modified version, or just their own software that they wrote? Or are you claiming that the API to the kernel is proprietary to the kernel [ attention SCO lawyers ].

    The only legal issue is that YOU can't distribute the kernel after you have added their software, because the kernel is now tainted. But the tool isn't telling you that, because of the clever hack. [ and yeah, it is kind of clever ]

  66. Binary modules, licensing, and module strings by Kaseijin · · Score: 1
    Linus has said that he considers binary modules to not be far enough removed from GPL code and thus infringing, but since binary modules have been around since very early on in the kernels development history without any enforcement of the GPL with regards to them, wouldnt that potentially count against the GPL applying to binary modules if someone did decide to take action? Doesnt the whole idea of kernel license strings interfere with this view as well? If modules are infringing if they arent GPL, then why would they need to tell the kernel that they arent under the GPL?
    What Linus has said is that modules can't avoid the GPL simply by being modules. At one time, the interfaces were limited enough that no modules were considered derivative, but that has changed. A kernel developer now can choose to EXPORT_SYMBOL() or EXPORT_SYMBOL_GPL() to indicate whether using a given symbol constitutes derivation; the MODULE_LICENSE string is simply a way to enforce developer awareness.
    Also, where in the Kernel license does it require you to be truthful to the kernel about your modules license? Nowhere, because it cant. The GPL will not allow you to put that limitation on use of the kernel.
    It's a moot point; a proprietary module that uses GPL symbols is an unauthorized derivative.
    1. Re:Binary modules, licensing, and module strings by Richard_at_work · · Score: 3, Interesting

      It's a moot point; a proprietary module that uses GPL symbols is an unauthorized derivative.

      But how can some symbols be GPL and some not, considering that, as it stands, the entirety of the core kernel code is licensed under the GPL, and the GPL does not allow exceptions to that licensing? Im not trying to flame, its just not that clear to me! :)

    2. Re:Binary modules, licensing, and module strings by Anonymous Coward · · Score: 0

      It's actually a bunch of overly complicated bullshit invented by gearhead programmers, not lawyers.

      + The GPL allows you to change the GPL_ONLY symbols anyway
      (even tho Alan Cox was threatening to put people in jail under the DMCA if they did so)

      + If your proprietary module is legal, you can always argue "interoperability", falsify your licence string and call the GPL_ONLY stuff legally. This sort of thing has been held up in court many times.

      In short, it would have been a lot easier if they had just put in a textfile saying "Please don't call these functions!" rather than this complex symbol/licence crap which doesn't really do anything.

    3. Re:Binary modules, licensing, and module strings by ADRA · · Score: 1

      If the public interfaces were licensed public domain, and the rest of the kernel was licensed as GPL, the 'entire work' could be licensed under the GPL. You could still rip out the public domain code and do whatever you like with it. But, the GPL code must remain licensed under the GPL, or GPL compatible license.

      --
      Bye!
    4. Re:Binary modules, licensing, and module strings by Kaseijin · · Score: 1
      The GPL allows you to change the GPL_ONLY symbols anyway
      Linus addressed this during the original discussion. The EXPORT_SYMBOL_GPL() macro means nothing by itself; it merely marks the symbols that can be used only by GPL-compatible modules. Removing this marking doesn't change the nature of the symbols.
      (even tho Alan Cox was threatening to put people in jail under the DMCA if they did so)
      Can you provide a source? I know he thinks it "probably" would violate the DMCA, but that's not remotely a threat.
      If your proprietary module is legal, you can always argue "interoperability", falsify your licence string and call the GPL_ONLY stuff legally. This sort of thing has been held up in court many times.
      If I could convince a court that my module wasn't a derivative work, sure. You seem to have misunderstood the entire point of the MODULE_LICENSE dance.
      In short, it would have been a lot easier if they had just put in a textfile saying "Please don't call these functions!" rather than this complex symbol/licence crap which doesn't really do anything.
      This way ensures that any developer using GPL_ONLY symbols is aware of their status.
    5. Re:Binary modules, licensing, and module strings by Anonymous Coward · · Score: 0

      Just a couple points in response:
      1) When a software developer says "We're implementing this licensing thing and breaking it would violate the DMCA", that's certainly an implied threat. Especially when using the DMCA to cover a software interface is a stretch to begin with (either that or Cox doesn't understand the DMCA and/or is just engaging in random anti-americanism.)

      2) This all depends on an unproven GNUish interpretation of how derivative works can effect one's ability to distribute software. That is, one can write a Windows device driver and sell it withoug Microsoft's explicit permission. In the Linux world that "freedom" has been FUDded tho.

      2a) Because the legal situation is uncertain, a technical solution was implemented to enforce someone's interpretation.

      2b) If the only considerations were technical, the exports would be marked "INTERNAL", not "GPL_ONLY".

  67. This is a settled question... by Otto · · Score: 5, Informative

    If Office 2003 started asking the Win32 API - areYouReallyMicrosoftWindows(). Then MS Windows would return true...

    What would Wine get to return?


    Wine would get to return true as well, if answering true was essential to get the software to work.

    Take the case of the gameboy (I think). One of the checks the thing did when loading a game was to look for the Nintendo logo in the header of the game. If it wasn't there, it wouldn't run it. Someone else put the logo in their games to get it to run, Nintendo sued for trademark infringement. Nintendo lost, because they had made it absolutely necessary to include that logo in order for third parties to achieve interoperability with the product. Instead of preventing third parties from developing games (which was what they wanted), they lost control of their trademark to some degree. Not good.

    However, this case is different. You don't need to lie to the kernel about your license to achieve interoperability. It'll load the module regardless of what you put in the license string. The only thing the license string does is to signal to the kernel developers that non-free modules are loaded into the kernel. It's been "tainted", and then they can choose to not support problems with tainted kernels.

    This isn't lying to the kernel so much as it is lying to the kernel developers.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:This is a settled question... by Sloppy · · Score: 1
      This isn't lying to the kernel so much as it is lying to the kernel developers.
      Now that is a key insight, I think.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:This is a settled question... by Keeper · · Score: 1

      So, using your logic, it was ok for early versions of windows to show a warning message when non MS versions of DOS were being used?

    3. Re:This is a settled question... by Anonymous Coward · · Score: 0
      So, using your logic, it was ok for early versions of windows to show a warning message when non MS versions of DOS were being used
      Yes, provided that it's merely a warning, not an 'error' dialog box and program abort. Especially if the warning has a checkbox
      [x] Show each time Windows Starts
      to disable seeing it again. MS has every right not to waste their support resources on such an environment, as do the Linux kernel devs.
    4. Re:This is a settled question... by ArsonSmith · · Score: 1

      No, by his logic it would have been fine for DRDOS to report that it was MSDOS to windows.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    5. Re:This is a settled question... by Anonymous Coward · · Score: 0

      > it was ok for early versions of windows to show a warning message when non MS versions of DOS were being used

      It probably was ok, legally.

      Caldera won the lawsuit (settled for $$$) because Microsoft was using its monopoly leverage to exclude them from the OEM market, not because beta versions of Windows had an error message.

    6. Re:This is a settled question... by Mike+Hawk · · Score: 1

      So let me see if I have it straight...

      Nothing at all operates differently based on what license string is sent to the kernel?

    7. Re:This is a settled question... by PostItNote · · Score: 1

      The only thing that happens is a message gets logged saying "this kernel is using closed drivers". Also, there are several GPL_ONLY functions that you have to report your license as GPL to access - they promise that they aren't using any of those.

      Other than that, nothing at all.

      The logic used in the email response was that the message was getting logged too many times, because their module has multiple closed submodules, and it was confusing people.

    8. Re:This is a settled question... by Mike+Hawk · · Score: 1

      So because of this message, its not exactly the same, right?

      Sounds like they are fixing a compatibility problem to me. I don't see a problem here.

    9. Re:This is a settled question... by demon · · Score: 1

      Sounds like they are fixing a compatibility problem to me. I don't see a problem here.

      There is no "compatibility problem". They've said the only reason they did this was to prevent the "module XXXX license wasn't GPL, marking tainted" or whatever message, because they claim it confused some people. It would, in fact, still work if it didn't lie about its license, just with the taint message logged for each of the sub-modules that are used as part of the driver.

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
    10. Re:This is a settled question... by PostItNote · · Score: 1

      This message affects NOTHING. It just goes into /var/log/messages. It is not a popup. It is not a dialog. It is one line of text in a file and/or on the screen.

      It is really only for the kernel developers. No programs look for this message or its absence. But should the kernel dump, the presence of that message will alert developers that there is code that they cannot fix in the kernel. This allows linux kernel developers to not waste their time. This company is purposely hiding the fact that it is using non-free code in an effort to not have the users be aware that their kernel has non-free software in it.

      That's both dishonest and pointlessly rude.

    11. Re:This is a settled question... by Keeper · · Score: 1

      No it wasn't. That was the logic of the poster before him (the "warning" Windows would show did not cause windows to function incorrectly, it just made the user think that there was something wrong, just like a "tainted kernel" messages make a user on a linux system think that something is going wrong).

    12. Re:This is a settled question... by Otto · · Score: 1

      No it wasn't. That was the logic of the poster before him (the "warning" Windows would show did not cause windows to function incorrectly, it just made the user think that there was something wrong, just like a "tainted kernel" messages make a user on a linux system think that something is going wrong).

      I'm not entirely certain, but I don't think it spits out "tainted kernel" messages anywhere but in the log files. It's not like it's popping up a message to the user here, or spitting out a big flashing banner line in the boot sequence.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    13. Re:This is a settled question... by ArsonSmith · · Score: 1

      actually it is durring the boot sequence or anytime the module is inserted. I use the Linuxant wireless 802.11G driver for my laptop and it does kinda look like an error. Also while installing Veritas Cluster Services with someone they were worried about the message popping up, due to never seeing it before, I had to explain in fairly good detail in order for them to feel more comfortable with it being a copyright warning and not a module/kernel compatibility problem.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  68. Get over it-Irresponsible companies. by Anonymous Coward · · Score: 0

    "BUT... the linux kernel developers need to get over their fanaticism about open-source drivers. There are many reasons companies cannot or will not make their driver source public. "

    One could turn your argument one eighty, and ask why companies don't drop their fanaticism about closed-source drivers? As far as your "many reasons" that's NOT the kernel guys problem. The companies willfully made those decisions.

    "For wireless cards, the FCC effectively prohibits it. For video cards and others, much of the value of the card is in fact in the driver and companies have a right to keep that under wraps."

    So they do, and the flip side of a right is a responsability. So why are companies trying to avoid their responsability by lying to the kernel (and hence the user) by playing this kind of trick?

    So in conclusion, there's nothing to "get over". You're using Linux, and hence you accept the conditions that it's created under. You want "binary drivers"? Then I recommend you stop using Linux and go find another OS, that doesn't restrict your freedom to do whatever you please. Might I recommend Windows. They'll be more than happy to accept your "pragmatism" when it comes to "their" code.

  69. Re:Real world vs. fanboy fantasies by 0x0d0a · · Score: 4, Informative

    Ignoring the parent post just because it's trolling is silly -- it offers a good opportunity to clarify the points involved.

    Only clueless fanboys would give a damn about under which license their drivers are distributed. As long as they do what they're supposed, so what?

    The kernel developers have a tainting system in place because they won't debug kernels that have drivers loaded that are closed-source. It's too hard for them to tell whether that driver might have been responsible, and very difficult for them to fix any problems.

    Try seeing how interested Microsoft is with fixing problems in other people's proprietary drivers. It's not all that high.

    This is different from something meaningful, like Microsoft's excellent WHLQ certification. I'm surprised that no other vendor, including LinuxOS Inc., has copied the idea of certified drivers yet. Microsoft has taken the initiative to take responsibility, this is something that the GPG/Linux community needs to copy.

    WHQL is primarily a mechanism designed to give Microsoft strategic power in the software market. It has little to do with software quality, though it is billed as such (just as DRM is billed as an anti-virus/malware scheme by MS). It is intended to grant them ultimate authority over what software is released for their system -- they have the power to refuse to sign any driver release if they need to do so as a lever, which gives them tremendous power over device manufacturers. This is tremenously more powerful and intrusive than the Linux driver tainting system, which works on an honor system. WHQL ensures only basic functionality is in place -- WHQL testing does not involve audititing code, checking for corner cases, or do any of the things necessary to produce a good, bug-free driver.

  70. Why do i care? by nurb432 · · Score: 2, Insightful

    Seriously, why do I care about this at all?

    I have a kernel. I have a device. With out said driver the kernel is useless to me.

    So the driver is closed and propitiatory, as long as it works with my kernel why should I care. ( all religious OSS arguments aside.. I'm taking for a *real* reason )

    The alternative seems to be no driver, and the kernel becomes a useless lump of code. We cant demand that companies that produce hardware support anything they don't want too, be happy they at least give us closed drivers... 5 years ago they didnt even do that, unless it was for a Microsoft kernel.

    --
    ---- Booth was a patriot ----
    1. Re:Why do i care? by Anonymous Coward · · Score: 1, Interesting

      So the driver is closed and propitiatory, as long as it works with my kernel why should I care. ( all religious OSS arguments aside.. I'm taking for a *real* reason )

      You know why windows 98 was buggy as hell? Crappy proprietary drivers. NVidia's drivers always crash with a kernel panic on my machine, so I can't use any advanced capabilities of the card under Linux.

      Let's face it, proprietary drivers are crap. Companies are lazy and don't care if their code is bugy as long as it works for 80% of the people. That's why Microsoft now wants to sign drivers.

      But all this is somewhat off topic :)

    2. Re:Why do i care? by dinivin · · Score: 3, Insightful

      The problem is that it doesn't always work with your kernel. If the binary driver causes a problem with the kernel, the kernel developers have no way of tracking down the bug since they don't have access to that code. That is the point of having binary modules taint the kernel. How would you like to receive bug reports for someone elses software and not realize that it's someone elses bug?

      Dinivin

    3. Re:Why do i care? by spinkham · · Score: 2, Insightful

      The point is the Linux developers are in general pretty pragmatic about this. You can have binary modules in the kernel, but they don't want a bug report from you if you do. It's basically a "do this at your own risk" type of thing.
      What happened here is a binary only module pulled a sneaky trick to say that it isn't a binary only module, and the debug information no longer tells the developers that the kernel was running with code they don't have the sources to debug, hence wastes their time trying to figgure out a problem they can't solve anyway. It's just stupid on the part of Linuxant, doesn't really benifit them in any meaningful way, and gives them lots of bad press.

      --
      Blessed are the pessimists, for they have made backups.
    4. Re:Why do i care? by dasunt · · Score: 2, Interesting

      Seriously, why do I care about this at all?

      The alternative seems to be no driver, and the kernel becomes a useless lump of code. We cant demand that companies that produce hardware support anything they don't want too, be happy they at least give us closed drivers... 5 years ago they didnt even do that, unless it was for a Microsoft kernel.

      Some of us would rather support open drivers than closed drivers. When I buy hardware, I try to buy hardware with open drivers. Why? Because it directly affects me.

      Case in point: Lets say I buy a Promise SX4000 RAID5 card. It has "linux drivers". However, by linux drivers, it means that it has precompiled drivers that only work for certain kernels. Congratulations, my upgrade path is restricted.

      Now lets say I buy a RAID5 card with open drivers. My upgrade path is no longer restricted.

    5. Re:Why do i care? by Percy_Blakeney · · Score: 1
      You should care if you use the Linux kernel. The issue isn't necessarily about "free vs. proprietary", but rather about support. The kernel hackers correctly throw away bug reports that come from "tainted" kernels. The reason is that binary, non-open modules can screw up the kernel in so many ways that it is almost useless to try and debug the problem without all of the relevant source code. By lying about the status of their driver, Linuxant is increasing the amount of effort required to debug problems, which has an inverse effect on the quality of the kernel.

      Of course, there are also the "religious" arguments that you so arrogantly toss aside. You may not care about the free software philosophy, but some people do. Is it moral for a company to lie about its product being GPL'd? Is it wrong for someone to expect a module to give an accurate representation of how it is licensed? Though you may not agree with them, there are real reasons why people want to run only GPL-compatible software.

    6. Re:Why do i care? by hweimer · · Score: 1

      The alternative seems to be no driver, and the kernel becomes a useless lump of code.

      Wrong. The alternative is not to buy a device lacking of a free driver. Always, and I really mean always, buy your hardware according to the software you are going to run. Many of those who didn't respect that have experienced serious trouble.

      --
      OS Reviews: Free and Open Source Software
    7. Re:Why do i care? by Senjutsu · · Score: 4, Informative

      The only reasons you should care are

      A)By faking a GPL license to avoid "tainting" the kernel, the company has made your life more difficult. Problems you have with the kernel won't be supported by developers unless you can recreate the problem without any closed-source modules loaded(otherwise the bug is likely in code they can't fix). Since the module is not marked by the kernel as closed source, unless you remember it is months or years down the road, you may forget that you need to unload it.

      B)It wastes time the developers could otherwise be using to improve the kernel. Given a kernel dump that claims to be untainted, they could end up spending days hunting down a bug only to discover that it ultimately lies in a module they can't find source for. If the tainting mechanism had been allowed to work properly, the developer would have asked for a resubmission of the bug without any closed-source modules loaded, to ensure the bug is fixable by them, saving themself days of wasted effort.

      What you, and a lot of other people seem to not be understanding is that, if this company hadn't faked the "GPL" line, the modules would still have loaded and worked perfectly. The developers aren't trying to keep closed source drivers from running (far from it), they just want to mark a kernel so that if there's a problem with it, they can save time by having a way to immediately identify whether they are capable of debugging it or not. That benefits everyone.

  71. Change the kernel to remove module check by -tji · · Score: 1

    I know several companies that were scared that the Linux kernel would disallow their non-GPL modules from loading. They discussed all kinds of creative workarounds, such as improper license strings, or a GPL'd stub which loads the full module. But, these were dismissed as silly, inefficient, and anti-GPL.

    But, one thing that would work is to modify the core kernel to remove the module license check, or remove warning messages so it didn't matter. The code is GPL'd, which means anyone is free to modify it to suit their needs, as long as they release their mods. So, this would be completely within their rights.

    Of course, they are then dealing with their own kernel, which they would need to support. So, I think this takes care of the main gripe from the GPL/kernel people - of not being able to provide support for binary modules.

    1. Re:Change the kernel to remove module check by grahamlee · · Score: 1
      But, one thing that would work is to modify the core kernel to remove the module license check, or remove warning messages so it didn't matter. The code is GPL'd, which means anyone is free to modify it to suit their needs, as long as they release their mods

      Only if they distribute the modified version. No distribution = no [need for] code release.

    2. Re:Change the kernel to remove module check by Anonymous Coward · · Score: 0

      Not having a module marked as GPL *DOES NOT* - I REPEAT - *DOES NOT* prevent a module from running.

      All it does is call attention to the fact. As other have noted, this is desirable from a debugging point of view.

      Personally, I consider the whole thing useless, as I'd never buy some piece of shit softmodem anyway, becuase even WITH the right driver, they are crap.

      You want to connect with a modem? Get yourself a real hardware based modem. USR Sportster (Python) are quite nice. Courier's are good as well.

    3. Re:Change the kernel to remove module check by Anonymous Coward · · Score: 0

      Yes, that's the way it is now.. But, there was a lot of talk on the kernel mailing lists about how those binary modules are in violation of the GPL, and should be banned.

      There are many more binary modules than just softmodems.. There are some commercial applications that use binary modules, like firewalls.

  72. don't matter, it's for compatibility by Anonymous Coward · · Score: 0

    WINE would have to return true to that call just in case someone uses it for compatibility. Same with this macro. Maybe it isn't used to verify compatbility today, but it might be later. Same with that Windows API call.

    And I'm shocked how many people on slashdot reference Sega v. Acclaim without knowing much at all about. It wasn't a logo, it was text. And Sega didn't lose much control of their trademark, it only displayed a single line of text, no logos at all. What it really did was make the game run.

    Trademark and copyright are to protect creative work, not functional things like keys. That's what patents are for.

    Finally, before Sega v. Acclaim there was the same issue with IBM and their display adapters. To find out if there was an EGA (or VGA?) video card in a PC, you would search the first 16 bytes of the config ROM for 'IBM'. So cloners put IBM in there to make their cards work. This was also determined to be a legal use.

  73. Something for Nothing by LuYu · · Score: 1

    Many kernel hackers choose to ignore bug reports from systems that have loaded closed-source modules since there's a very good chance that the bug is in code that they can't access and fix.
    Could Linuxant be trying to use the kernel developer's bug fixes in their closed source code? It seems that if the kernel developers were tricked into working on problems in Linuxant's buggy code, they might have insights that the Linuxant developers might not. Or maybe just tracking the mailing lists would help them identify and solve problems faster without sharing with the rest of the community.

    This feels a little like shared source: Ask community members for bug reports but do not allow them to change anything. Use their efforts to improve the value of your product without paying them.

    --
    All data is speech. All speech is Free.
  74. Not patents but trademarks by RAMMS+EIN · · Score: 1

    IANAL

    --
    Please correct me if I got my facts wrong.
  75. GPL violations on linux-kernel this month by Anonymous Coward · · Score: 0

    1, 2

  76. okay. How about areYouLicensedByMicrosoft()? by Anonymous Coward · · Score: 0

    What can I return to that? Is that different than lying about my license?

    1. Re:okay. How about areYouLicensedByMicrosoft()? by lfourrier · · Score: 1

      Easy, just ask some non english speaker to reverse engineer this part of code.

      Suppose you emulate some software written in some langage you don't know. You see there is a function called ZfdshZaeddJEzsedk() that always return true. You can do the same thing without knowing it really means AllMyMoneyWillBeSentToBill(), and it will be hard to prove that you lied, because you only reproduced the intented behaviour.

  77. Or how about..BSD Talking head. by Anonymous Coward · · Score: 0

    "just dropping the GPL fanaticism, quit worrying about what license drivers have, stop with the "kernel tainted" bullshit, and just use the damn drivers? Who give a flying fuck if they're binaries or not?"

    Well since you're using a BSD created OS, why are you even concerned about what those "GPL fanatics" do? It doesn't affect you. We've elected to have a free (in the GPL sense, not BSD) OS, and we're sticking to our principles. For pragmatic and ideological reasons.

  78. Linuxant's president responds. by Superfly_rh · · Score: 1

    http://marc.theaimsgroup.com/?l=linux-kernel&m=108 308534628965&w=2

    1. Re:Linuxant's president responds. by Superfly_rh · · Score: 1

      Yeek... let's try that again:

      Response

      *yay for not using preview!*

    2. Re:Linuxant's president responds. by Anonymous Coward · · Score: 0

      "Linuxant would very much welcome such steps to improve the current situation,
      and is willing to eliminate workarounds once they are no longer necessary."


      I'm pretty sure you don't have to do that, the kernel hackers will do that for you (the eliminate-workarounds-part, not the no-longer-necessary-part)...

  79. Darl McBride by Anonymous Coward · · Score: 0

    ...is probably cursing all his developers that THEY didn't come up with this trick. Or maybe they did, and that's their secret masterplan...

  80. These people wanted $15 for a Linux driver by HungWeiLo · · Score: 2, Insightful

    These people wanted $15 for a Linux driver, with no guarantees of free upgrades in the event of a kernel update.

    I just went and bought a serial port external modem for $13 (shipped). Works like a charm.

    --
    There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
    1. Re:These people wanted $15 for a Linux driver by aonifer · · Score: 2, Insightful

      I'm one of the suckers that actually paid for the driver. The connection hangs after about five minutes. Fifteen freakin' dollars for a modem driver that doesn't work.

  81. Linuxant Responds and explains themselves. by OrangeTide · · Score: 4, Informative

    Linuxant responds and explains why they did what they did. It was mostly to supress multiple messages when loading multi module drivers rather than some sort of circumvention.

    On the otherhand I think everyone's eyes are open to possible malicious use of this and simular tricks.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:Linuxant Responds and explains themselves. by dido · · Score: 2, Interesting

      Frankly, I still don't see why they should have bothered. Anyone who's gotten over the bar enough to know how to load and use their drivers should have read in their documentation that the many repetitive warnings were benign. They say:

      Actually, we also have no desire nor purpose to prevent tainting. The purpose of the workaround is to avoid repetitive warning messages generated when multiple modules belonging to a single logical "driver" are loaded (even when a module is only probed but not used due to the hardware not being present). Although the issue may sound trivial/harmless to people on the lkml, it was a frequent cause of confusion for the average person.

      Who are these "average persons" they talk about here I wonder, who have the know-how to manually load binary kernel modules and at the same time do so without reading the instructions that came along with it carefully? A newbie would be intimidated by the whole process and try to read the docs as carefully as possible before trying it, so it can't be them... They should have written a FAQ and clean documentation about this issue, instead of lying to Linus and his merry band of kernel hackers.

      --
      Qu'on me donne six lignes écrites de la main du plus honnête homme, j'y trouverai de quoi le faire pendre.
    2. Re:Linuxant Responds and explains themselves. by spitzak · · Score: 1

      This sort of sounds reasonable, but everybody knows that the kernel and rebooting spews pages and pages of gibberish to the average user. Everybody ignores it, or hides it behind a graphic splash screen.

      Also maybe they should consider writing their stuff so it looks like one module, not many?

      Unfortunately I think it will have to report tainted modules even if they are unloaded. So just having some way to list currently tainted modules won't get rid of the need for the messages.

    3. Re:Linuxant Responds and explains themselves. by gerddie · · Score: 1
      From the response:
      Unfortunately Linuxant cannot release the source for the proprietary portions of the Conexant HCF and HSF softmodem drivers, because it does not own these parts and the terms under which they have been licensed from Conexant prohibit it.
      We have tried to attenuate the inconvenience of these restrictions by isolating the proprietary code and releasing source for all operating-system specific code, so that people can rebuild the modules for any kernel.
      I guess the part of the code that handles the licensing (and restricting the free-as-in-beer version of the driver to 14.4k) is not licensed from Conexant and is, therefore, free, right? - Of course it is not, and since it was not there in the beta drivers (only a few month ago) I guess it's not property of Conexant and the above statement is also not entirely true.
    4. Re:Linuxant Responds and explains themselves. by demon · · Score: 1

      A newbie would be intimidated by the whole process and try to read the docs as carefully as possible before trying it, so it can't be them...

      You're right on the first part - they would be intimidated, surely. Unfortunately, there are a lot of people who won't read ANY documentation, no matter how intimidated or confused they are, for whatever reason. I don't claim to understand it, but some people (more and more, it seems) are of this mindset.

      Not that I'm agreeing with Linuxant's move here - the kernel saying that the module(s) being loaded is/are tainted is an informational message, and I don't really think it should be suppressed. Maybe there's some way that if a module depends on another module that's already tainted (linking symbols it exports), that the message can be suppressed without lying to the kernel about its license. That would certainly be preferable.

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
  82. Re:Real world vs. fanboy fantasies by SpecBear · · Score: 1

    Yes, I realize this is a Troll, but I still feel the need to respond with a "real world example" of why driver licensing is an issue.

    Back when I was an intern we ran into a bug in the driver for a video card and reported it to the vendor. My supervisor's conversation with the vendor went something like this:

    Us: "We need you to fix this bug."
    Them: "Sorry, that card is considered obsolete and is no longer supported."
    Us: "If you send us the source, we can fix it ourselves."
    Them: "Sorry, we don't give out the source to our drivers. Driver source code is copyrighted and a valuable trade secret."
    Us: "But you just said the card was obsolete." Them: "The code is still valuable, and we can't give it out." Us: "We're perfectly willing to sign an NDA."
    Them: "I'm sorry, we can't give you the source."

    ...and it went on a bit from there, but never really went anywhere. So we had to go with different hardware. This was long before I'd ever heard of the GPL, bu had the drivers been released under that license, we wouldn't have had to depend on the vendor's continued good will to keep the hardware functional. This doesn't matter for the vast majority of people, but the people who care about such things really care about such things.

    By the way, if you're going to cite statistics please indicate the source of your numbers. I give little credence to anyone who rattles off a list of numbers that allegedly came from "SEVERAL INDEPENDENT RESEARCH INSTITUTES." Stats without information on versions, configurations, and testing methods are largely meaningless. Without access to the source studies, your claims are unverifiable and could very well be fictional. Access to the source is very important to many of us.

  83. Linuxant drivers for centrino issues by g0_p · · Score: 1

    Off topic slightly. But are there others who have tried the linuxant drivers for centrino on FC1? I tried the demo version of the drivers over the last month, and though its not noticable when downloading data, but when I play streaming media over the net, there are major jerks in the stream. The jerks are not there when I play the same media over a direct ethernet connection. Is this the demo crippleware or is the quality of the driver(wrapper) code really that bad?

    1. Re:Linuxant drivers for centrino issues by adrianbaugh · · Score: 1

      Your ethernet connection is reliable. While your wireless connection may claim to give 11Mbaud, it will never sustain that over any distance. Interference will cause all kinds of drop-outs, delays etc. Try putting the laptop right up against an access point and accessing the same stream.

      --
      "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
      - JRR Tolkien.
  84. Patents by tepples · · Score: 2, Informative

    A Winmodem with hardware DSP is simply a modem that uses a DSP to transfer data from modemPC instead of a serial port.

    The firmware that the DSP executes cannot be free software because the holders of the patents that cover v.92 modulation are not willing to license their implementation in free software. Therefore, winmodems on Linux must use some kernel-space process to at least initialize the modem.

    1. Re:Patents by letxa2000 · · Score: 1
      All I know is that about a year ago I installed Redhat 7.3 on my laptop and loaded the Linuxant drivers (or whatever they were called then). It was free and I got either 33k or 56k and it worked great.

      Late last year I upgraded to Redhat 9.0 and went back to reload the drivers. Now they insist that if I want anything better than 14k that I have to pay money and use the Conexant IP as an excuse to charge for it. Screw that!

      Someone was providing relatively high-speed software for my modem last year for free. Now they force me to 14k if I don't pay money? Forget that. They can take their modem drivers and shove it up their bit bucket. I scarcely use my modem to start with. I almost always plug into a network or find some wireless access point. I would like to have my modem work just so that all the hardware I paid for on my laptop works, but it seems to me like sometime last summer the whole Conexant project went from a free open-source program to a rather closed-source, non-free program. That's not what I was looking for when I switched to Linux.

  85. I'm a bit confused. by velophile · · Score: 1

    What advantage do they get by lying about the license of their module? Doesn't it just load normally regardless of the license? If it didn't give them some advantage why would they lie about it?

    --
    - vphl
  86. No by Senjutsu · · Score: 1

    You can't "accidentally" GPL code you have the copyright to, because you can't violate your own copyright.

    So if I'm the sole copyright holder on software package Foo, and I distribute the binary (sans source) with a file that claims that it's GPL'd, and I subsequently deny any requests for the source, I still can't be forced to provide my code, because I can't violate my own copyright. Similarly, someone who has previously distributed their code under the GPL is well within their rights to relicense said code into Evil Foo License at any time they choose.

    1. Re:No by Anonymous Coward · · Score: 0

      The difference being in that latter case that they can NOT go after everybody who has a copy of the code licensed under the GPL and try to stop them, otherwise there IS no GPL.

      YANAL, in fact, YANETFS.

  87. Computing mass with a spring scale by tepples · · Score: 1

    I'm pretty confident that Europeans don't mass themselves on balances.

    True, most scales are based on a measurement of weight, but electronic spring scales can in theory take the weight of a known mass (the removable top half of the scale's case) in order to measure and store g, and then divide all measured weights by g to compute the mass of an object placed on the scale.

  88. debugging closed source by nuggz · · Score: 1

    How do you debug a closed source module?
    What trying to solve a problem you realize the actual bug is due to this closed module, and you wasted all that time to find out that there is nothing you can do about it.

    Better to just focus where your efforts are going to be useful, and eliminate those closed modules before you start.

  89. hmmm by leabre · · Score: 1

    So they get boycotted and all other driver makers get a message, that the market isn't ready for businesses that step out on a limb and still try to retain some semblance of a business model and proprietary software at the same time. If all driver are expected to be open source, then, it'll be a while before manufacturers start to "catch on" and get the *nix bug. What if the "GPL" string in question actually refers to something else? Now they get the message they are wanted and, other manufacturers get a similar "vibe" due to all this. Make one "perceived" mistake and the whole community boycotts you. That's a great way to compell more businesses to support the platform.

    Thanks,
    Leabre

  90. I will try to explain this to you (again) by hummassa · · Score: 2, Insightful

    EXPORT_SYMBOL_GPL() means: "if you use this symbol, then your driver is inequivocably a derivative work of the kernel".
    Why? Because there are some ways of writing device drivers that make the drivers *not* be a derivative work of the kernel. P.ex., the NTFS driver distributed by Microsoft, NTFS.DLL, is not a derivative work of the kernel, but might, by way of (GPL'd) glue code, be load in the addressing space of the kernel and linked to it.

    MODULE_LICENSE("Other license") means: "this module is constructed in a way that makes it a non-derivative of the kernel; you can modprobe it, and as it's not derivative, the GPL does not apply to it; don't allow it to see those symbols that would make it derivative";

    MODULE_LICENSE("GPL") means: "the license of this module is GPL, please do the linking for me to the symbols that will make me a derivative work of the kernel", while

    MODULE_LICENSE("GPL\0but not really") means: "I'm a fucking liar, and I want to roll the dice without paying the price (I want to be a non-GPL-licensed derivative of the kernel)."

    Got it?

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:I will try to explain this to you (again) by Richard_at_work · · Score: 1

      So, who decides what a derivitive work is? ;)

    2. Re:I will try to explain this to you (again) by Anonymous Coward · · Score: 0

      EXPORT_SYMBOL_GPL() means: "if you use this symbol, then your driver is inequivocably a derivative work of the kernel".

      It really doesn't makes any sense that SOME kernel symbols make derivation happen and others do not. One can either link to ALL of the symbols or NONE of the symbols -- there's no half-way about it.

      So, "EXPORT_SYMBOL_GPL" doesn't really make any sense on the face of it. Either it is an attempt at an EULA or a ham-handed attempt at a polite request.

    3. Re:I will try to explain this to you (again) by Kaseijin · · Score: 1
      One can either link to ALL of the symbols or NONE of the symbols -- there's no half-way about it.
      depmod says otherwise.
    4. Re:I will try to explain this to you (again) by hummassa · · Score: 1

      You really sould not post this as AC; you have a sensible point, even if I disagree with you.

      You see, many symbols exported by the kernel can be found in similar kernels: in the BSD kernels, p.ex., or even in the device driver kit of even the solaris kernel. I dunno, maybe even the NT kernel DDK export some of those. Those are exported with EXPORT_SYMBOL() because if a loadable module uses it, the fact of using it does not characterize that the loadable module was made only for linux, and can only -- or mainly -- be used inside the context of linux. Now, the symbols exported with EXPORT_SYMBOL_GPL() are saying: "whoa, cowboy, this is intimate knowledge of the inner workings of the kernel, if you wanna see this, show me yours".

      Summarizing, by using a symbol that was exported with EXPORTED_SYMBOL_GPL() -- as opposed to EXPORT_SYMBOL() -- a loadable kernel module is declaring itself a derived work of the kernel. Like: "yes, I was done not obeying some device driver kit, but with intimate knowledge of the kernel and its internal calls and data, so I am a derivative work, and hence I am GPL-licensed, because the license of the kernel makes me so."

      So, to be linked with EXPORTED_SYMBOL_GPL() exported symbols, you declare:

      MODULE_LICENSE("GPL");

      If you don't want your loadable module to be GPL-licensed, you refrain to use the innards of the kernel (which would make you a derivative work), and declare:

      MODULE_LICENSE("all the source are belong to us");

      but doing

      MODULE_LICENSE("GPL\0you are suckers");

      is most certainly a copyright violation because indicates that the (closed-source) module wants to use the innards of linux, hence is a derivative work (at least as per USofAn law, and probably per Brazilian law, too), hence it should be GPL-licensed and is not.

      So, what should be done is:
      (a) patch the kernel so this hack starts not working. this will raise awareness of why the driver is not working anymore.
      (b) send a C&D polite letter to the module publisher. they are distributing a derived work of the kernel, sans source code. they must stop distributing it (their license is now void) and/or pay damages and/or distribute the source code to their module under the terms of the GPL.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    5. Re:I will try to explain this to you (again) by Anonymous Coward · · Score: 0

      is most certainly a copyright violation because indicates that the (closed-source) module wants to use the innards of linux, hence is a derivative work

      I'll just point out that this is not a settled question by any means, although that's the interpretation that some GNUHeads would LIKE to be true.

      Which is why it is EULA-esque -- it was enforced in the module loader to "encourage" the acceptance their extra-legal interpretation of how end users should behave, rather than 'rely on copyright law and the courts' which was the stated intent of the GPL/copyleft.

      Indeed if you look at the history of this thing, it came about after some Linux Devs got a hardon about the Nvidia driver and then found there wasn't a damn thing they could do about it (legally).

    6. Re:I will try to explain this to you (again) by hummassa · · Score: 1

      not GNU-heads. Linus himself researched a lot, and came up with some definition of derived works, according to USofA copyright law and copyright case law. You can search for it in Google, if you want. Probably in groklaw, too. And Linus is the anti-GNU-head, he is a very pragmatic guy. If he thinks it can hold, it prolly can hold.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  91. It's UNLAWFUL to make open-source drivers by tepples · · Score: 2, Interesting

    It's unlawful to make a Free driver for some devices. For instance, v.92 modulation used in POTS modems is covered by patents whose holders are not willing to license their implementation in free software. Not all modems store their firmware in a flash chip on the device itself, instead relying on the driver to upload firmware after every cold boot. A Free driver distributed in developed countries would have to restrict itself to 20-year-old modulations, none of which are sufficient to connect to any popular dial-up Internet service provider.

    1. Re:It's UNLAWFUL to make open-source drivers by Anonymous Coward · · Score: 0

      It might be unlawful for the vendor to supply a Free driver but it's not unlawful for a third party to develop it. If there are any patents that can't be avoided then we shouldn't be using that hardware. That's just my opinion though, other people don't mind personal liberty for convenience.

    2. Re:It's UNLAWFUL to make open-source drivers by Anonymous Coward · · Score: 0

      Cool Sig! Maybe "American MAFIA" would be better.

  92. Is firmware free software? by tepples · · Score: 1

    Putting these restrictions in the drivers of each individual OS is not a good plan. The restrictions belong in the firmware.

    Then you have to have a user-space program to upload the firmware into the card because proprietary firmware taints a free kernel.

    1. Re:Is firmware free software? by gerddie · · Score: 1

      Then you have to have a user-space program to upload the firmware into the card because proprietary firmware taints a free kernel.
      If it's firmware, it does not taint the kernel because it is not run by the CPU. Besides, if you put a DSP and flash on the Board and upload the firmware to this flash, there is no firmware upload neccessary. The problem is, since CPU power became cheap, more and more drivers rely on it to make the "hardware" cheap. Think Hardware-Modem vs. Soft-Modem.

  93. Linuxant contact by Anonymous Coward · · Score: 0

    You can contact the following person who is
    the Linuxant contact:

    Mark Boucher
    Phone: 514 281 8286
    Email: marc@mbsi.ca , marc@linuxant.com
    283 de la Commune Ouest, suite 32
    H2Y 2E1, Montreal Quebec, Canada

  94. OT: Linmodem hacking question... by Anonymous Coward · · Score: 0

    I seem to remember sopme discussion of using a software modem under Linux to obtain higher transfer speeds than the current standards would allow over a standard telephone connection. Of course this would require that both ends of the connection would be talking the same language (compatible "standards", etc), and this would run afoul of FCC regulations in the United States, but that's only a small part of the world, and this could be usefull in situations where a standard telephone wire is available, but no other conectivity is available at a reasonable price (or at all).

    Does anyone else remember this?

    Can anyone provide a link or two?

    I'd hate to reinvent the wheel on this one, or waste enourmous effort without being familiar with the work of those who have gone before. I've found nothing about this on the Linmodem website, and google has been not much help either.

    thanks.

    1. Re:OT: Linmodem hacking question... by DaCool42 · · Score: 1

      It might be possible to push it further, but you will run into bandwidth limitations of the telco circuit. It would be highly unreliable. And if you have your own direct copper connection, you might as well use a DSL modem.

      --

      ----
      All of whose base are belong to the what-now?
    2. Re:OT: Linmodem hacking question... by Anonymous Coward · · Score: 0

      The point of this is to take advantage of POTS lines where dsl is not available, but POTS is.

      The connection will have the limitations inherent to the quality of the telco circuit, but should not be any more unreliable than a 56.6 modem (v.90 or whatever).

      Is it possible to link two DSL modems directly? I was under the impression that this could not be done, and that one would require the same expensive hardware that the telco uses for DSL.

      This project is not intended for the US, as the FCC prohibits connections faster than 68 kbs through a telco loop. People in other countries that do not yet have the infrastructure that is ubiquitous in the US could benefit from this until other technologies are available in their town or village.

  95. It's worse, really. by hummassa · · Score: 1

    Is lying to the user. Lying that they (users) are not loading a derivative work of the kernel, so that they (users) don't know they are entitled to the rights granted to them by the GPL licensing of the kernel as a whole *and* derivative works.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  96. Re:Why bother helping a supportive company? by Resident+Geek · · Score: 1

    Sure, see if anyone sticks their neck out for you. Consider that money is a good way to keep a company in business that provides an actual service of value. Ungrateful prick.

    --
    Fighting the War on the War on Drugs.
    http://smokedot.org/
  97. Re:Here goes my karma... (Me too!) by TheAwfulTruth · · Score: 0, Flamebait

    Linus probably does have a HD full of MP3s. Remember, he was the one eho publicly announced that he was running a closed source DVD decoder on his Linux box not so long ago.

    Though when he gets a Kernel Panic (That's a linux B(lack)S(creen)O(f)D(eath) FYI) and tries to get tech support from himself and sees the "tainted" dump message he'll have to blow himself off for help though... :)

    --
    Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
  98. MOD MY PARENT UP by Anonymous Coward · · Score: 0

    Thanks. My grandparents were argumenting using wrong assertions.

  99. ...circumvention of an access control... by lynx_user_abroad · · Score: 1
    Does this qualify as a violation of the DMCA prohibitions on the circumvention of access controls?

    --

    The thing about things we don't know is we often don't know we don't know them.

  100. Misses the point. by Anonymous Coward · · Score: 0

    No. A program can be open-source and proprietary!
    The taint is only about the license.

    1. Re:Misses the point. by neurojab · · Score: 1

      >No. A program can be open-source and proprietary!
      I call bullshit on that. How can you GPL code and still say it's proprietary? That makes no sense. Open source (GPL) is open by definition.

      >The taint is only about the license.
      Again, that's exactly why it's stupid. It's rhetoric imbedded in the kernel, when users just want something that works. I don't want the kernel preaching to me about what software license is better.

  101. Linuxant Explains by Percy_Blakeney · · Score: 1
    There's a post on the kernel mailing list from Marc Boucher, the president of Linuxant:

    Actually, we also have no desire nor purpose to prevent tainting. The purpose of the workaround is to avoid repetitive warning messages generated when multiple modules belonging to a single logical "driver" are loaded (even when a module is only probed but not used due to the hardware not being present). Although the issue may sound trivial/harmless to people on the lkml, it was a frequent cause of confusion for the average person.

    Read the entire email for the whole picture. Whether you agree or not, it is important to understand why they partially circumvented the license check.

  102. Re:Why bother supporting obsolete hardware? by tomhudson · · Score: 2, Funny
    For less than the price you pay for a winmodem plus their crippleware^Wdifferently-abled driver, why not just hop over to pricewatch.com and buy a real modem and be done with it.

    Your box will also run faster, as you won't be mimicking hardware functionality in software.

    It will also be easier to combine 2 or more modem connections in a low-end box for faster speed.

  103. it's a licensing not copyright issue by CAVE^MAN · · Score: 1

    the GPL is a license, like the license you get with nearly any other piece of software(eg. ms windows). if you distribute something with a GPL license and fail to provide the code, you are violating a contract and may be sued or otherwise litagated into oblivion.

    duh.

  104. Re:Real world vs. fanboy fantasies by victorvdl · · Score: 1

    Nice Troll. Maybe you want to quote your "several independent research institues?" BTW, what the hell is the Linux 7.0 Webserver? or LinuxOS, Inc? and who is Thorwaldes?

    Heh. Would you like another nice billy goat up the rear?

    --
    ~Victor~ Ignorance is excusable. Stupidity is not.
  105. How does it make you lie? by Senjutsu · · Score: 1

    It won't magically refuse to run if your code is under the "wrong" license. It won't call you bad names. All it will do is put a little mark somewhere so that a kernel developer, presented with a dump from this kernel, knows immediately that he doesn't (and can't) have all the sources necessary to hunt down and fix the bug. Otherwise, he could spend hours/days working on it before he relizes this.

    1. Re:How does it make you lie? by RAMMS+EIN · · Score: 1

      ``It won't call you bad names. All it will do is put a little mark somewhere so that a kernel developer ... knows immediately that he doesn't (and can't) have all the sources necessary to hunt down and fix the bug.''

      See, that is not true. If my module is licensed under _any_ license that allows them to see the source (it doesn't even have to be an open source license), that argument doesn't fly. The revised BSD license clearly fits in this category, and I see the "Loading this module will taint the kernel" message as calling me names - it spits on me for using a license that is not _exactly_ GPL, even if it is completely compatible with it.

      --
      Please correct me if I got my facts wrong.
    2. Re:How does it make you lie? by Anonymous Coward · · Score: 0

      Absolutely. It should allow all GPL-compatible licenses. I suggest you put that forward on the LKML. I would certainly accept that.

  106. Linuxant's Response to this matter! by foobar01 · · Score: 2, Interesting

    Linuxant has added a note about this issue to their site, with a link to their response on the Linux kernel mailing list.

  107. Linuxant's explanation by zarr · · Score: 5, Informative

    Here is the answer from Linuxant. They claim it wasn't a mistake, just a way to suppress potentially confusing warning messages.

  108. Re:Real world vs. fanboy fantasies by Anonymous Coward · · Score: 0

    The 'we need source to fix something' is a good argument for individuals not to buy a piece of hardware that doesn't provide specs or driver source. It is not a good arguement for a kernel to demand control of source code for everything it touches. If Linux can require a kernel module to be covered by it's own copyright then SCO's agument that their copyright applies to jfs because it was linked to their kernel is equally correct.

  109. GPL vs. non-GPL symbols by Kaseijin · · Score: 1
    But how can some symbols be GPL and some not, considering that, as it stands, the entirety of the core kernel code is licensed under the GPL, and the GPL does not allow exceptions to that licensing?
    Not all of the interfaces to the Linux kernel are unique to Linux; some are decades old and more or less standard across anything vaguely Unix. If a bit of code wasn't written for Linux, it can't be considered a derivative work, and the GPL doesn't apply.
  110. Re:circumcise?! HELLO, MCFLY?! by Anonymous Coward · · Score: 0

    That's why it is important to READ before you ACT (POST, MODERATE).

  111. Bzzt by Senjutsu · · Score: 1

    The GPL is a dscription of terms under which you are granted the right of copying (hence: copyright). It does not (and cannot) compel me to give the source to you in the first place so that you can exercise your right. I can simply claim that the presence of the COPYING file was a mistake corrected in a later release, and nothing more.

    You could, perhaps, try to sue me for misleading you (insofar as I led you to believe I would give you the source, when I won't), but you can't sue me for violating my own copyright, and winning said suit would entitle you to damages, not force me to license my code a certain way.

    1. Re:Bzzt by Anonymous Coward · · Score: 0

      Is the string GPL trademarked for this kind of use (as the name of a software license)? If it were, the author of a non-GPL module could be sued by Gnu for violation of trademark.

    2. Re:Bzzt by mpe · · Score: 1

      The GPL is a dscription of terms under which you are granted the right of copying (hence: copyright). It does not (and cannot) compel me to give the source to you in the first place so that you can exercise your right. I can simply claim that the presence of the COPYING file was a mistake corrected in a later release, and nothing more.

      In the case in question it would be hard to claim that there was a mistake. Anyway there certainly are cases of courts obliging defendents to stick to agreements they made "by mistake".

      You could, perhaps, try to sue me for misleading you (insofar as I led you to believe I would give you the source, when I won't), but you can't sue me for violating my own copyright, and winning said suit would entitle you to damages, not force me to license my code a certain way.

      A court may offer you a choice between making the code available to the plaintiff(s), a fine or a conviction for fraud.

  112. Anybody use this driver? by Dogun · · Score: 1

    I'm very curious to see if the driver still functions after the the first '\0' in the module string has been changed to 'X'.

    If so, then this is franky just obnoxious behavior.

    If not, then in fact their non GPL module is using GPL-only kernel internals, meeting at least Linus's definition (I think?) of a derived work, which would constitute actual infringement.

  113. LinuxAnt is really screwed? by spideyct · · Score: 1, Troll

    That's a strange perspective. But admittedly, I don't know all the facts around this issue.

    From my perspective, it looks like the users are screwed.

    This is exactly the type of story that scares me away from GPL software. It is not for users. It is not for developers. It is for lawyers (and even more armchair lawyers).

    If the GPL were for users or developers, everyone would be thanking this company for providing drivers that did not exist.

    1. Re:LinuxAnt is really screwed? by OneEyedApe · · Score: 2, Informative

      The only people who really need to worry about the GPL are distributers and developers (and their lawyers) who are modifying or using GPL code. Unless I have completely misread the GPL, users who just install software and use it do not need to worry.

      --
      Life sucks, but death doesn't put out at all....
      --Thomas J. Kopp
    2. Re:LinuxAnt is really screwed? by ajs318 · · Score: 4, Informative

      Why do you have a problem with the GPL? It's easy to understand, the GPL boils down to just four words; not sharing is theft. GPL is for developers -- by placing software you write under the GPL, you are ensuring that everybody gets to see the source code. If anyone modifies your work, they have to release the source code too. GPL is also for users -- if you use GPL software, you know that the law will protect your right to share the software with others.

      --
      Je fume. Tu fumes. Nous fûmes!
    3. Re:LinuxAnt is really screwed? by RabidChipmunk · · Score: 1

      This should be the sort of story that scares you toward purely GPL software. You see, the same issues exist in the closed source world. You just never see them.

      --
      This is not a political statement. This is not legal advice. It's a frick'n Slasdot post. However: I'm Running For
    4. Re:LinuxAnt is really screwed? by shadow303 · · Score: 3, Informative

      There is no requirement for you to distribute your changes to GPL code. The requirement is that *if* you distribute it in a binary form, you must provide the source code.

      --
      I've got a mind like a steel trap - it's got an animal's foot stuck in it.
    5. Re:LinuxAnt is really screwed? by ajs318 · · Score: 1

      Obviously. If you modify it and distribute it in source form, you are complying with both the letter and the spirit of the licence. If you modify it and keep it all to yourself, that's your own sordid business and nobody can do very much about it. However, if somebody else finds about it, they are entirely within their rights to distribute an identically modified version in source form -- and now it's you who can't do anything about it.

      --
      Je fume. Tu fumes. Nous fûmes!
    6. Re:LinuxAnt is really screwed? by MSG · · Score: 2, Insightful

      If the GPL were for users or developers, everyone would be thanking this company for providing drivers that did not exist.

      Nonsense... The GPL is for everyone who values their freedom.

      The GPL is used by many developers who distribute the fruits of their effort for nothing beyond the expectation that anyone who finds their work useful enough to build their own products upon will provide said products under the same license. Even if those products are sold for profit, the derivative work should be as Free to those who purchase it as was the original work. From that perspective, the GPL is absolutely for developers.

      Similarly, many users choose to purchase and use GPL products because they know that this license protects their rights to use and customize their software for their own purposes, in perpetuity. The GPL is absolutely for users.

    7. Re:LinuxAnt is really screwed? by RdsArts · · Score: 0

      If we should 'thank' them for the drivers, where is the code? Your right, we should thank GPl and BSDed driver coders. But closed driver authors should garner nothing but our ire and distrust.

      The code isn't GPLed. As such, it's just as hidden as the Windows/OS X drivers. We should not thank companies which force us to use closed drivers to utilize hardware we've already paid for, but demand these deceitful cretins give us back the right and Freedom to use that which we already own.

    8. Re:LinuxAnt is really screwed? by spideyct · · Score: 1

      Ok, maybe I unfairly targetted the GPL. I like the "spirit" of the GPL. It's the reality of its surrounding community that bothers me.

      I don't understand how someone could be so resentful of a company that fulfills a need (HSF drivers), just because the company doesn't submit to their demands (source code). Is that attitude used throughout their lives, or just when it comes to computer software?

      I understand there is a so-called "deceitful" aspect to this, since the company used a little hack to fool the kernel into thinking it was GPL code. But tricking software/hardware into things it wasn't intended to never seemed to bother anyone here before.

      I don't begrudge the Troll rating on my parent, I stated right in the post that I didn't have all the facts - it was a kneejerk post. I just don't understand why so many developers want to be lawyers. I've written code for years without ever worrying about what license I should apply to it.

      Maybe others are taking advantage of my code, robbing me of some deserved egoboo, but they have never once robbed me of the knowledge or joy I gained by creating the code.

    9. Re:LinuxAnt is really screwed? by ajs318 · · Score: 1
      I don't understand how someone could be so resentful of a company that fulfills a need (HSF drivers), just because the company doesn't submit to their demands (source code).
      It's not fulfilling a need -- rather, it's making a big show of pretending to fulfil a need, while still leaving it mainly unsatisfied. Closed-source drivers aren't even half a loaf; they're just a pile of stale crumbs.

      What I for one object to is the concept that anyone could write a piece of software and then keep the source code to themself. It goes dead against one of my core beliefs, which is that all the benefits of all human endeavour belong to all of humankind.
      Maybe others are taking advantage of my code, robbing me of some deserved egoboo, but they have never once robbed me of the knowledge or joy I gained by creating the code.
      It's not about robbing you of the knowledge or joy you gained by creating the code. It is about robbing other people of the right to enjoy and improve the software you wrote.

      And you're right, there are too many lawyers involved. The future should be made in the laboratory, not the courtroom. I propose a more radical solution: make it a criminal offence not to release your source code. Criminal cases can't be dragged out for as long as civil ones, since the prosecution service simply won't stand for it. Obviously Microsoft et al won't be happy about that, but no doubt a lot of rich people were pissed off by the Thirteenth Amendment -- and if the government don't think it's their job to protect the likes of you and me from the excesses of the big corporations, then we would be better off without them.
      --
      Je fume. Tu fumes. Nous fûmes!
    10. Re:LinuxAnt is really screwed? by Anonymous Coward · · Score: 1, Funny
      It's not about robbing you of the knowledge or joy you gained by creating the code. It is about robbing other people of the right to enjoy and improve the software you wrote.
      So I suppose you don't have any curtains on your bathroom so you don't rob other people the right to enjoy watching you take a shower?
    11. Re:LinuxAnt is really screwed? by Minna+Kirai · · Score: 1

      However, if somebody else finds about it, they are entirely within their rights to distribute an identically modified version in source form -- and now it's you who can't do anything about it.

      I don't know what you're trying to claim there. Most of the GPL only kicks in when someone distributes a modified version. If you create a modified version, but don't distribute it, then you haven't broken any copyright laws, so you don't need permission from the original author, so you don't need to agree to the GPL.

      If a hypothetical burglar found the modified version and wanted to distribute it, he'd have no right to do so. Until YOU (the modifier) distribute the new version, the GPL doesn't yet apply to it.

  114. code reliscense perhaps. by Anonymous Coward · · Score: 0

    Sounds like somebody who puts MODULE_LICENSE("GPL") into their code has just reliscensed their code under the GPL.

  115. Something I discovered that you may not know by WildThing · · Score: 1

    I saw this and decided to look at their license. After reading the entire license, I saw the last line item...

    7. Performance. V.92 modems are designed to be capable of receiving data at up to 56Kbps with compatible phone line and server equipment, and transmitting data at up to 31.2Kbps. V.90 modems are designed to be capable of receiving data at up to 56 Kbps from a compatible service provider and transmitting data at up to about 28.8 Kbps. Public networks currently limit download speeds to about 53Kbps. The free version of the drivers is limited to 14.4Kbps. Actual speeds vary and are often less than the maximum possible.

    I mean WTF!!! Give us a break. I wouldn't use their crap if I had to spend a zillion dollars on a new modem. I think we need put pressure on all involved (Linus, the disto companies, etc.) to remove this companies crap. It will make the inexperienced user think just what M$ wants them to, that Linux is inferior to WinBlows.

    1. Re:Something I discovered that you may not know by Anonymous Coward · · Score: 0

      I use the old beta version with no limits. Look around for hcfpcimodem-0.99lxntbeta03042700.tar.gz or hsflinmodem-5.03.27lxntbeta03041600.tar.gz, they're still on the net in a few places

  116. Exactly - Mod Parent Up by Featureless · · Score: 1

    This is a perfect case of inventing a mountain where there isn't even a molehill.

    Linuxant makes binary-only drivers. Well, there is disdain for these in the Linux community; fine. I respect that. But for people stuck with unsupported hardware (like me, on occasion) I don't see anyone rushing to my aid from the FSF/Gnu world. Hello, welcome to FS/OS, and goodbye. You're on your own, kid.

    Yeah, in theory maybe without binary modules someone might be more motivated to do a whole open source driver from scratch. Except, in real life, where lots of hardware is so complex and software-driven these days that nobody is really suggesting any such thing will ever happen.

    You're seeing devices now where proprietary software running the hardware is a significant portion of the total work that went into the product! This is not like supporting a new ethernet chip. Supporting some of these devices, from scracth, with no references, is half a career! For some wireless cards it's even a can of worms with the FCC - you could get into "trouble" for writing an OSS driver. Check out madwifi and their notes on the binary HAL.

    So you've got what hardware you've got. The militant FS/OS people just told you to kiss off.

    LinuxAnt, on the other hand, is there for you. Their prices are reasonable, their work is good (IMO), they support their customers better than most small software companies (I can say from experience), and they are supporting Linux by helping more people have a positive experience with it.

    Some people complained about multiple taint messages, since because of the particular way this driver was organized there might be a lot of them. So they wrote a simple workaround to limit the number of taint messages. Correct me if I'm wrong, but I don't think the (proper) "tainted" status of a kernel using the driver is even eliminated. It's just to stop redundant messages.

    People can't seem to be bothered to even read up on this, and are trying to make it out as if they're pretending they're GPL, or they're trying to fool the kernel into not being "tainted." It's got little to do with the facts.

    What's wrong with everybody? Yes, I agree if someone was trying to pass closed binary code as GPL, and foist it into the kernel while keeping it untainted that's a support nightmare. But this was no conspiracy. Do we enjoy an imaginary controversy? Is it fun to be persecuted? Can we at least do 60 seconds of homework before writing nasty screeds and "ban linuxant" kernel patches?

  117. Estoppel, laches, copyright, patent, and trademark by Kaseijin · · Score: 1
    I thought it was patents that you could selectivly defend... and copyrights and trademarks were the ones that needed to be vigorously defended to remain current...?
    No, it's pretty much just trademarks. Copyright and patent suits may be rejected due to laches (unconscionable delay in bringing suit) or estoppel (leading the other party to believe one wouldn't enforce one's rights), but that really applies to only a particular infringer--i.e., just because someone else is doing it doesn't mean you can too.

    None of this is relevant to Linux kernel binary modules, though, because the message always has been the same: derivative works must be GPL; nonderivative works are outside the scope of the kernel developers' copyrights.

    Incidentally, I don't recall Eolas ever saying that it would stop with Microsoft--Doyle posed that as a hypothetical scenario. It's irrelevant, of course, since the patent was invalidated.
  118. Congress? by hummassa · · Score: 1

    Your representative in your Congress, or the local equivalent, or the local Dictator, according to the country/state you live in.

    More seriously, the USofA ``Congress revised the federal copyright statute in 1976 to provide copyright owners with statutory protection for derivative works. A derivative work can take the form of "any . . . work [that] may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represents an original work of authorship, is a 'derivative work.'" (emphasis added) 17 U.S.C. 101 (1994).

    In short, a derivative work is a whole work based on one or more other whole works. ''


    (from here)

    There is an equivalent provision in the Brazilian Author's Rights Law (Law 9610/98), roughly translated: section 5, "for the effects of this law, it's considered: [...] VI. work: [...] (g) derivative work: the one which, altough constitutes a new intelectual creation, results of some transformation of the original work".

    PS. to the Brazucas here, the laws governing software copyrights are the Software Law (9609/98) and the Author's Rights Law (9610/98). (links to the Ministry of Science and Technology.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  119. Decisions, decisions by Kaseijin · · Score: 1
    So, who decides what a derivitive work is?
    The developers or the court, your pick.
  120. s/modifies/modifies and distributes modified/g by hummassa · · Score: 3, Informative

    Don't forget.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  121. MOD PARENT UP by Anonymous Coward · · Score: 0
    After so unbelievably many bad explanations of what this is about -- including a zillion people spewing out variants on "obvious Linux fanboy elitism here" based on ignorance of what the issue is -- here's a post that succinctly explains why the kernel, and the kernel developers, care about this.

    It's not politics. It's not zealotry. It's simply wanting to avoid wasting your time trying to fix a problem that isn't in code to which you have access.

  122. -1 MOD DOWN TROLL by Anonymous Coward · · Score: 0

    nt

  123. Original purpose wasn't to deny, but to allow by Nygard · · Score: 2, Interesting

    A lot of the posters here seem to think the GPL-only module string and the "Tainted" message were created to make it harder to allow binary-only or non-GPL drivers.

    In fact, the reverse is true. Many device vendors were hesitant to release drivers for Linux because of the binary linkage created when the driver gets loaded. Under a strict interpretation of the GPL, that would consitute enough of a linkage to make the drivers a derivative work.

    Some vendors did not want their drivers to automatically fall under the GPL just because of dynamic loading.

    The GPL flag was created to let non-GPL drivers clearly indicate that they were not derivatives and would not be GPL-licensed.

    This is an example of a vendor that wants to eat its cake and have it too.

    --
    "Genius may have its limitations, but stupidity is not thus handicapped." --Elbert Hubbard (1856-1915)
    1. Re:Original purpose wasn't to deny, but to allow by Junta · · Score: 2, Informative

      Actually, it was because people had more and more binary modules with problems that resulted in kernel panics and the like, and would ask about a panic in a mailing list. Before, it would take someone's time to dig around and trace it down, and get more config info before realizing that there was a vendor's proprietary code causing the problem. They then get aggravated they wasted their time chasing a problem they aren't responsible for and can't fix.

      With a tainted kernel, developers immediately know that the scope of the problem will quite likely be outside their ability to figure out, and can request a reproduction without a binary module loaded. If it can't be reproduced, contact the binary module provider for support...

      --
      XML is like violence. If it doesn't solve the problem, use more.
    2. Re:Original purpose wasn't to deny, but to allow by argent · · Score: 1

      Thank you, I've been reading this and wondering why the hell the Linux kernel even bothers checking this kind of thing... it seemed almost Microsoftian in its obsessive silliness. Until you explained how it's actually useful.

      Just stick some special case code in to look for this trick and print a useful comment, and have done with it.

  124. Hey, I have those! by martin_b1sh0p · · Score: 1

    Funny, I have an HP Pavillion that has these modems/soundcards. For the longest time I've used the Linuxant drivers until I switched my kernel to 2.6. Linuxant has been really slow at updating their stuff for 2.6 so I've been without sound (don't really use the modem). This past weekend I bought a generic Alsa compatible soundcard on ebay. Never realized or payed any attention to the fact that my kernel had been tainted all this time....it would have been nice to at least know.

  125. You're missing the point by wtrmute · · Score: 1

    We shouldn't thank LinuxAnt for providing drivers that don't exist if they're being dishonest about it. We don't need a driver for this or that specific piece of hardware so badly that we'd tolerate people being purposefully deceitful in writing it. Heck, if you want your modem to be Windows only, then you don't need to release it under the GPL. On the other hand, you ought to have a registered copy of Visual Studio.NET (at least $1800) and the Windows DDK to legally compile it for the Windows environment. Does it pay?

    1. Re:You're missing the point by Anonymous Coward · · Score: 0

      Your missing the point. To develop in the windows environment you need windows and you can freely download the MSVS.net 2003 compiler legally from micrsoft.

  126. kernel tainted by Anonymous Coward · · Score: 0

    Right. By choosing those words, they just wanted to express that you cannot debug it. Not to express any political view.

    That's complete BS.

  127. WRONG: It's about support.... by vt0asta · · Score: 4, Interesting

    So witholding the data from closed drivers is just lessening the experience/reliability/etc of people who use Linux but who aren't Open Source zealots. That's the aim of the driver interface but it's a stupid one, and as I pointed out it's easy enough to circumvent.

    If a kernel oops or panic occurs in a driver, it's important for the kernel developers to quickly know if it's a GPL driver (or a 3rd party binary only driver that they shouldn't even waste their time looking at). Too much noise is generated on LKML for broken binary drivers that just can't be fixed or troubleshooted.

    Zealotry has it's hand in that Open Source people really only want to fix Open Source drivers.

    Your clever circumvention idea is well known, it will not save you in getting kernel developer support, however.

    --
    No.
    1. Re:WRONG: It's about support.... by mpe · · Score: 1

      If a kernel oops or panic occurs in a driver, it's important for the kernel developers to quickly know if it's a GPL driver (or a 3rd party binary only driver that they shouldn't even waste their time looking at). Too much noise is generated on LKML for broken binary drivers that just can't be fixed or troubleshooted.

      Except by the suppliers of the binary only module. So best try and ensure that any bug reports go to the right place.

      Zealotry has it's hand in that Open Source people really only want to fix Open Source drivers.

      The term "zealotry" is probably quite applicable to quite a few entities who'd kick up a huge fuss were anyone to even attempt to debug their non GPL software.

  128. License silliness by Brandybuck · · Score: 1

    This is more silliness. On both sides. People shouldn't be lying (or stretching the truth) about their license. But the kernel license tag is just as silly.

    Let me use another kernel in an attempt to explain why. The FreeBSD kernel is licensed under the BSD license. But the ext2fs code is under the GPL since it directly derived from the GPL code in Linux. Building a FreeBSD kernel with the ext2fs option will "taint" the kernel. While this is generally known and understood, the FreeBSD kernel does not tell the user that they have been tainted. Such a move would be decried by those on the GPL side of the fence as cheap license politicking. But this is what Linux does. I call it cheap license politicking.

    Some kernel developers say that this is necessary so that they can debug the kernel. Source code is necessary for debugging. Nonsense! The license tag marks all non-GPL modules as tainted. It is the license that matters, and not the availability of source code. Is a kernel developer going to tell a user "sorry, I can't fix your problem because you're using the X11 license"? That would be truly silly. Should the developer run across a binary-only module that prevents debugging, a simple message to the user saying so will suffice.

    The license tag is also used to limit access to certain private kernel routines. In essence, it makes private kernel APIs public, but only for GPL modules. It's tying the license to the API, which is quite strange (and silly). Use license A and you get one API. Use license B instead and you get another. Huh? Either the API is public or it is not. This "members only" crap has to go. It's license politicking of the lowest sort.

    --
    Don't blame me, I didn't vote for either of them!
    1. Re:License silliness by Anonymous Coward · · Score: 0
      Is a kernel developer going to tell a user "sorry, I can't fix your problem because you're using the X11 license"?

      This won't come up, as any module with a GPL-compatible license would be entitled to use the "GPL" flag.
      The license tag is also used to limit access to certain private kernel routines. In essence, it makes private kernel APIs public, but only for GPL modules. It's tying the license to the API, which is quite strange (and silly).

      Kernel modules that get too mixed up with the internals can easily fall into the category of works derived from the kernel (and hence required to be GPL-compatible). This is merely an attempt by the kernel developers to make a clean separation between those modules that should be considered derived works, and those that should not.
    2. Re:License silliness by Brandybuck · · Score: 1

      This won't come up, as any module with a GPL-compatible license would be entitled to use the "GPL" flag.

      If I use the X11 license for my modules I cannot use the "GPL" option because that would be lying. Dishonesty. The Big Fib. The relevant kernel programming topic we just happen to be discussing!

      I suggest you go read the relevant sections of the module.h header file. GPL compatibility has nothing to do with this license tag. You have four, and only four, license choices if you don't want your module to "taint" the kernel: GPL, GPL plus additional right, dual GPL/BSD, and dual GPL/MPL. The X11 license doesn't count. A dual GPL/X11 license doesn't count. A note from RMS saying it's okay doesn't count.

      This is merely an attempt by the kernel developers to make a clean separation between those modules that should be considered derived works, and those that should not.

      It's not up to the kernel developers to decide what's a derivative work or not. It's beyond their domain. That job belongs to copyright law and the judges that interpret it on case-by-case basis.

      Calling private routines deep within the kernel probably consititutes derivation. But once you makes these routines public to anyone outside of your project, they're no longer private. They're public. They've become an API. If they wanted to keep these routines private, but still usable by internal Linux modules, they should have used an "internal" tag.

      --
      Don't blame me, I didn't vote for either of them!
  129. Not only obvious, but necessary by Anonymous Coward · · Score: 0

    The module interface is designed and allowed to be used by non GPLd code, but you cant just include header files willy nilly without fear of becoming infected with the GPL ... there are inline functions and macros which are clearly code, and even the status of header files without executable code isnt entirely clear.

    The interfaces arent copyrighted, but the same can not be said about the header files. If you arent GPL you have a lot of wrapping and/or reverse engineering to do. That is just the problem of wanting to develop for a Free OS.

    The answer is obvious, and painfull ... because it is painfull, the code becomes extremely brittle, it is not useless though. It provides impetus for people who want to much around with internals to that extent to write open source modules. Which is best for users and kernel develers.

  130. A (Sort-of) User Perspective by Anonymous Coward · · Score: 2, Interesting

    I've been using a few different versions of this driver for awhile, and I have to say I disapprove of this because it circumvents a process that was put in to avoid a wild goose chase (not worrying about a kernel problem when a binary driver has been loaded.)

    You see, these drivers are almost worthless. They make the kernel unstable when loaded. They create an OOM error with pci hotplugging. I've had to reboot 5+ times in one day.

    The only way I was able to track it to the drivers was by blacklisting the mods with hotplug and reading log messages.

    Now, they may or may not crash on all systems, but I personally was close to filing bug reports complete with dumps. If it's true that this change doesn't show up in the dumps, the kernel developers would be busy tracking down bugs that weren't a result of their code.

    How much time do you think would have been wasted on these reports (assuming that I am not alone in having kernel panics from these drivers?)

    As for the whole "the tainted messages were confusing the customer" schtick: There are about 6 different modules that get loaded, so there would be 6 different tainted messages (which can be spooky...) but I can't even remember the last time I saw a "tainted kernel" message. Nowadays, most modules are being loaded in the background with any messages going to a log somewhere on the system. Besides, a one line explanation would be enough to not bother the user ("It's for kernel developers. You don't need to worry about it." or "It's to help people fix your computer if something goes horribly wrong."

  131. Re:Real world vs. fanboy fantasies by Anonymous Coward · · Score: 0

    Given what's come out about the abusive terms in M$ contracts, I've always assumed that M$ was using this clout to pressure h/w manufacturers from providing drivers for Linux. This would explain the lack of Linux drivers (though that seems to be changing; perhaps the manufacturers feel that M$ is less likely to strong-arm them after the publicity around these tactics).

  132. My kernel is tainted by Anonymous Coward · · Score: 0

    and the world hasn't ended.

  133. Your wisdom is admirable. by Chris+Burke · · Score: 1

    First, instead of assuming something (like that lying was necessary to make the module load, like so many fools here) you ask politely. Then, rather than wait for the answer to be spoon fed to you, you look it up yourself and post the results. Very commendable, but I have to ask... are you sure you're at the right website?

    --

    The enemies of Democracy are
  134. Blacklisting is extreme by Performer+Guy · · Score: 3, Interesting


    FWIW IMHO the string ends at the \0 I don't care what garbage in memory exists after this, this is not a subtle issue or grey area, \0 ends the string, subsequent information is irrelevant.

    But back to my subject, blacklisting is a bit heavy handed. Hmm... we have a company that provides drivers for Linux, yup they're proprietary winmodem drivers but they're there. To *suppress warnings* they have unfortunately chosen to prematurely end their string with a \0, that's really nasty and foolish but blacklisting them as a company from installing kernel modules is way frikin OTT.

    How does this help joe public get his winmodem working?
    How does this encourage any corporation from releasing proprietary drivers for in Linux? (Which are better than no drivers IMHO)

    There are other drivers (particularly audio and graphics) that use proprietary code implemented by private companies and these are used every day by many thousands of Linux users.

    1. Re:Blacklisting is extreme by Anonymous Coward · · Score: 0

      To say this in the way understandable to PHBs:
      <dumbed down>
      Imagine the string is a phone conversation. You call the kernel's number, tell them the license is GPl, and hang up. Then, you continue talking to the _disconnected_ phone.
      </dumbed down>

  135. The firmware is useless ... by Anonymous Coward · · Score: 0
    ... without the hardware. Why go to such extreme lengths to protect the firmware, when at the end of the day customers still have to buy the hardware to run it.


    Look at Cisco. They sell millions of routers, and the IOS software is readily available. Are there any manufacturers making illegal copies of the hardware so that customers can use real IOS in non-Cisco hardware ?


    It's the hardware that customers buy.

  136. Re:Real world vs. fanboy fantasies by Anonymous Coward · · Score: 0

    I am what most people would consider a highly trained technical professional.

    Most people can't differentiate between a computer and a monitor.
    Most people can't differentiate between a script kiddi3 and a MCSE. Oh wait...

    They compared Microsofts IIS to the Linux 7.0 webserver. For Windows, the cost was only:

    $40.25 per megabit of throughput per second.

    $1.79 per peak request per second.


    Oh yeah, the great comparison between cheap server boxes on independant network pipes with Windows against Linux on expensive Big Iron from IBM with a single network pipe.

    A full Windows installation, compared to
    installing Linux, on an Enterprise Server boxen:

    Is nearly three hours faster.

    Requires 77% fewer steps.


    Oh, did they count the hour or two for the service pack, 8 to 20 patches, and the time to install IIS, DHCP, DNS, and others?
    Windows takes fewer steps to set up a stupid (as in simple) file sharing server or IIS server, because that's about all that it can do. The defaults you didn't get to configure are broken and insecure. Oops!

  137. Re:Here goes my karma... (Me too!) by Anonymous Coward · · Score: 0

    Lets see, the top paragraph is true (if misspelled) and the bottom part is a joke. So maybe a "Funny/Interesting" would be more appropriate than "Flamebait" which really doesn't apply to any part of it.

    But keep modding, you'll get the hang of it one day.

  138. what's the difference between... by jamesh · · Score: 1

    ... (1) a closed source driver in flash accessed by open source code (eg your scsi card, or system bios), and (2) a closed source driver in a .so file accessed by an open source code (eg what NVidia and win/lin modems do)?

    What if NVidia stuck an extra flash chip on their card, loaded the common part of the driver into there at manufacturing time, or via a flash update and had the 'open sourced' part of the driver access it? This would be no more or less GPL compliant than any 'normal' driver, as linux does this with the BIOS, and with ide and scsi cards all the time, by calling proprietry code via an open sourced interface.

    It seems to me that the GPL is differentiating between the delivery method, which is just silly (imho). Until everything on a computer is free (as in speech) then compromises are going to have to be made.

    If this sounds like a troll then sorry, but i don't mean for it to be.

    1. Re:what's the difference between... by Antity-H · · Score: 1

      This has been discussed to quite some length already in a recent debian story (http://developers.slashdot.org/article.pl?sid=04/ 04/21/1328205&mode=thread&tid=185&tid= 90)

      What I am not sure about though is the following :

      If I have a proprietary library on my computer, and I write code that needs that library to link and execute. The library is obviously not a derivative work from my own work. (It was there first).

      My question would be : can I GPL my own code ?
      Considering the problems which seem to arise with the modules, I would say I can't.

      The modules can be considered derivative work from both the kernel _and_ the binary driver, but is the driver really a derivative work from the kernel ? I think it can be made so it isn't.

      If it is not a derivative work, should it really be included in the kernel tarball? If it is a derivative work who cares to know how it is redistributed ? it _is_, thus the source code for it should be redistributed too.(therefore there are no differences between 1 and 2). defining source code is another issue entierly. (I am refering to those supposed source codes which contain kBs of hexadecimal strings which are injected to the device without any documentation.à

  139. Fork? by tepples · · Score: 1

    but it seems to me like sometime last summer the whole Conexant project went from a free open-source program to a rather closed-source, non-free program.

    Did the Conexant project's license allow forking? If so, why hasn't anybody tossed the old Free version of the drivers up on SourceForge.net?

    1. Re:Fork? by letxa2000 · · Score: 1
      I don't know and I don't know, but I've wondered the same thing. Unfortunately, I didn't save a copy of the version I downloaded early last year since I (stupidly, it seems) thought I'd always be able to find the same thing online. Now it turns out if I want the same thing I have to pay.

      So I just use my modem as 14k. I use it so infrequently that that's fine. Certainly a pain when I do need it, but it's so infrequent that I'd rather not buy a license on principle.

    2. Re:Fork? by letxa2000 · · Score: 2, Insightful
      FWIW, I have no problem paying for software, even Linux software. I do have a problem with what appeared to be an open-source project being closed up, buried under patents, and the whole thing being sold to the public for a fee with the excuse that there was no choice.

  140. Stop the Whining, the clueless do not deserve... by IBitOBear · · Score: 2, Insightful

    ... YOUR MONEY

    Doing these things honestly and functionally isn't all that difficult.

    For instance, my company makes a sweet little device that, among other things, has a bunch of FPGAs (Field Programmable Gate Arrays). There is some language (I have never seen) that creates, via a source file (I will never possess) and a compiler (we license for a nut), to create a byte-stream (I have sitting around in a file) that gives the FPGAs their personality.

    When my boss came in and started whining about the GPL I pointed out that the three modules were GPL-able and that distributing them under the GPL was about as "wanton with our intellectual property" as sunday school.

    The drivers are just not that interesting. From one (the one that loads the FPGA images) you could learn how to copy a byte string into a single register. e.g. "for (int counter = 0; counter image_size; ++counter) { *FPGA_Personality_Register = image_buffer[counter]; }"

    Oh yea, there is a lot of boiler-plate around this, and I actually do that inside a fpgaflash_write() etc. But this is *not* rocket science.

    In point of fact, virtually all of the "Intellectual Property Issues" people have with respect to software are, frankly, crap.

    A bunch of people doing a lot of truely marginal work have created a mythology of value. Somehow the way _*THEY*_ increment an integer is so much more fascinating than the way the rest of us do it. "But Boss," they say, "if everybody out there figures out that we put *our* serial uart at 0x2df instead of 0x2f0 then nobody will need us any more."

    Bull.

    If you provide a good product at a reasonable rate then people will pay you for it.

    Every year I spend $20 to $50 to pay my taxes with one or another tax prepration software product. I do this *despite* the fact that all the forms and things are there and (obfuscated 8-) open source. (And I actually buy the software instead of pirate it, since to steal software when that is how I make my living would be hypocritical.)

    The only people who have to worry about Open Source are the people who make crappy software.

    Trust me, nobody wants your job. Nobody wants sneak in and rewrite comercial drivers *IF* *THEY* *WORK*. Nobody cares about your "proprietary register mapping" *IF* *IT* *WORKS*. The people who are going to make a nockoff of your board are just going to trace out your hardware if they want to clone it, and its is going to take them how long to disassemble your Windows driver to make their compatable device?

    Gee, if they want to compete, they could just make their clone to one of the already-existing drivers they have source too anyway.

    There is *NOTHING* *OF* *VALUE* in your drivers. Really. Get over yourselves and start harvesting all that free money by making a product and having the OS community improve your products' drivers for free.

    It boggles the mind that people like nVidia and ATI want to keep their drivers closed when their real value is in the chipsets themselves. Everybody knows how Direct-X and OpenGL is going to present the data at that level. Why do they even *care* if someone knows that the data buffers are reformatted and their addresses are crammed into a doorbell register at a particular address. Do they think we can't possibly fathom the concept of laying out data and putting addresses into doorbell registers? Do they expect us to be supprised when it turns out that the eight hardware rendering pipelines they brag about on the box are backed up by eight separate linked lists (or whatever) in the driver?

    And you just know that on the flip side, there is someone at each of these companies trying to outsource the driver development even as the first team of idiots are jealously garding their source code.

    Back to the example, all the "value" in our product is in the complex and subtle control of state *below* the driver in the hardware, and in the complex and robust interractions of the applications and protocols

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  141. You, sir, are a dumbass, and I will tell you why by Anonymous Coward · · Score: 1

    yes, the manufacturer has no right to prevent you using their hardware in any way you choose. you can use your nvidia geforce card as a paperclip, or a model airplane. they dont give a shit. what they do give a shit about, is making money. after all, that is why they are a company, yes? to make money. if they tell everyone in the world 'this is how we make our latest $799 geforce ultra fx whoopee card which is currently the best in the world' then 2 days later, some guy in taiwan is building his own geforce ultra fx whoopee cards for $10 each.
    of course, nvidia still spent $10billion doing research and development to come up with the geforce ultra fx whooppee card, but, hey... YOU HAVE THE RIGHT TO KNOW HOW IT WORKS, RIGHT?

    now, lets change nvidia to 'acme nuclear rockets inc - supplier to the us defence force' OH LOOK... BECAUSE AJS318 HAS CHANGED THE LAW TO COMPEL HARDWARE MANUFACTURERS TO RELEASE DETAILS TO WRITE HOME DRIVERS, THERE ARE NOW 13 YEAR OLD KIDS, AND TERRORISTS, AND 13 YEAR OLD WANNABE TERRORISTS ALL BUILDING NUKES IN THIER BACK YARDS

    dont be a fucktard. yes, open source is cool and stuff, but when you take it to the extreme like how you did, you just make the open source community ashamed to be associated by, and represented by dumbfucks like yourself

    yes, you are the consumer, and you pay their wages. however, you buy what they sell. they sell hardware with closed source drivers. you have the right to not buy their products if you so choose. forcing them to reveal the trade secrets that they spent billions of dollars and thousands of hours developing, is just stupid. it wont solve anything. it will just make all the companies that have worked hard to bring you working hardware and working closed-source drivers say 'fuck this, we can't survive with this bullshit legislation' and close down.

    of course, since you have all their trade secrets, you can build your own hardware!!! and even improve on their stuff!!! of course you wont make any money out of it, because no-ones gonna buy it, cos everyone who would have, can now build their own stuff themselves.

    anyways, yeah. i'm glad you want the entire world to be open source and open-spec'd. its not. it will never be. deal with it, because if you dont, you'll continue to make an utter moron of yourself

  142. Re:You, sir, are a dumbass, and I will tell you wh by ajs318 · · Score: 1

    BECAUSE AJS318 HAS CHANGED THE LAW TO COMPEL HARDWARE MANUFACTURERS TO RELEASE DETAILS TO WRITE HOME DRIVERS, THERE ARE NOW 13 YEAR OLD KIDS, AND TERRORISTS, AND 13 YEAR OLD WANNABE TERRORISTS ALL BUILDING NUKES IN THIER BACK YARDS

    This is a tired old argument and is inconsistent with observed facts. The laws of physics are essentially Open Source, so if it is not physically impossible for someone to build a weapon, we must assume they can -- it is possible that they might find out how to do it independently of anyone else's knowledge or attempt to keep it secret.

    Although anybody could build a weapon of mass destruction from first principles, most of the ordnance used by third-world troublemakers is of first-world origin. So the obvious way to prevent this is for 'acme nuclear rockets inc - supplier to the us defence force' just not to make the nuclear rockets in the first place. If the terrorists haven't bothered making their own weapons from scratch up to now, why should they suddenly start? Maybe if the Western world weren't so paranoid that everyone else is out to get them, other nations would not feel so threatened, and would not be spending money that should be going on education and healthcare on weapons.

    And your assertion that companies would not make money if they could not keep secrets is laughable. The world is not run just so that companies can make money. Maybe a few companies going out of business would be no bad thing, after all, how are the poor going to get richer unless the rich get poorer?

    The truth is most people are just too lazy to build their own hardware, even if they had the knowledge and equipment. Or they don't have access to the kit they need, even if they have the plans and the motivation. Or their skills lie in other areas, even if they could afford the equipment. Those conditions are the makings of a market. With Mandatory Full Declaration, there would still be an opportunity to hold information to ransom -- but the level of that ransom would be determined by the cost of independently discovering the same information, and not set by the company with the information.

    By your logic there would be no market for ready-made sandwiches. After all, sandwiches are an enforced open source product -- the packet must legally say what the contents are, and you can buy a range of bread, spreads, meat, pate, salads and so forth at any supermarket. It isn't even hard to make a sandwich -- the only tool you need is a knife. But sometimes people haven't the inclination or the time to make their own sandwiches, and are prepared to pay money for the convenience of having one ready-made.

    i'm glad you want the entire world to be open source and open-spec'd. its not. it will never be. deal with it

    I could hardly disagree with you more. I for one actively avoid closed source products as far as practicable, I make no secret of my antipathy towards the very concept, and encourage as many people as possible to follow suit. And the tide is turning, slowly but surely. Open source alternatives to proprietary solutions are emerging. I don't think a technology can be said truly to have been invented until it becomes open source. The open source movement is apparently playing catch-up, for sure, but it's not aiming simply to catch up with the closed-source world, but to push the very boundaries of possibility. And our motivation is purer: we aim for true perfection, not simply to be just enough better than the current state of the art so we can still make a profit. The whole closed-source model of security through obscurity is a house of cards. One flash of genius outside that system is all it's going to take; some bright kid gives away an idea, or some old hippy wins the lottery and invests in an idea, and suddenly there are a dozen or more Oriental, Eastern European and Latin American outfits supplying fully-open specced kit better

    --
    Je fume. Tu fumes. Nous fûmes!
  143. I don't think it would go that far by roie_m · · Score: 1

    IANAL, etc.

    If I understand the GPL correctly, it doesn't say anywhere "I will give you the source", only "you must give the next guy the source". So, if I give you a binary, and say you have a license under the GPL, all it means is that if you give a copy to your friend, you must give your friend the source. Don't have the source? Too bad, I guess you can't give your friend a copy then.