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Usenix President - Linux Needs Better Paper Trail

Anonymous Coward writes "Usenix Association president Marshall Kirk McKusick is a veteran of BSD's intellectual property scuffle with AT&T in the 1990s, and he's got some thoughts and advice for the keepers of the Linux kernel going forward, commenting: 'There isn't a well-documented ownership trail with Linux. So, they have opened themselves up to a swamp of 'he said-she said' about where code came from'."

166 comments

  1. The only problem with that quote is... its entirel by SeanTobin · · Score: 5, Interesting

    Dating back to when linux (the kernel) didn't even have a version number, code was always attributed to where it came from. I'm sure everyone is familiar with at least the changelog and its attributions. And of course actual comments with names and email addresses are all over the sourcecode itself.

    Now, Mr. McKusick might have a partial point. Its entirely possible that some gremlin over at Caldera took a bunch of SCO's 'Intelectual' Property and threw it into the main kernel under the GPL. In which case once the lines of code are actually identified, I suspect we will know who contributed them in under 20 minutes (10 minutes of which will be the article sitting on /. in The Mysterious Future!) In the unlikely event of SCO ever saying which lines are thiers, we may end up with the interesting situation where a Caldera/SCO employee put them there - and get to slap SCO for abusing the legal system.

    In any event, I'd be willing to put money on Linux's source code source documentation beating SCO's out any day of the week.

    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
  2. Good timing for this then. by Anonymous Coward · · Score: 2, Informative

    http://news.com.com/Linux+contributors+face+new+ru les/2100-7344_3-5218724.html?tag=nefd.top

  3. Source by funkdid · · Score: 5, Funny

    I wrote it, the whole thing. Linus was my roomate at the time, he took credit for all of it. I was the one that worked with Santa Claus and the tooth fairy to develop it, not Linus! Problem solved.

    --

    I boycott signatures

    1. Re:Source by ydnar · · Score: 3, Funny

      Fine. We'll call you The Real Napster.

    2. Re:Source by MisterFancypants · · Score: 2, Funny

      You and the "real Napster" from the remake of The Italian Job should get together and start a support group.

    3. Re:Source by Anonymous Coward · · Score: 2, Funny

      The Santa Claus Operation?

    4. Re:Source by EngMedic · · Score: 1

      "... called it napster because of his nappy hair. IT WAS BECAUSE I WAS NAPPING!!"

      --
      filter: +3. Hey, look! all the trolls went away!
    5. Re:Source by Anonymous Coward · · Score: 0

      It wasn't a great movie, but I laugh my ass off every time I hear Seth Green say that =)

  4. paper trail? by deft · · Score: 5, Funny

    About a thousand geeks just simutaneously
    wondered what the hell paper is.

    Oddly enough, all of those thousand geeks could tell you what a scroll is.

    --

    There's nothing Intelligent about Intelligent Design.
    1. Re:paper trail? by happyfrogcow · · Score: 4, Funny

      paper trail? it's the stuff stuck to your shoe when you leave the restroom.

      how this applies to Linux, I have no idea. no need for the core dump jokes... we've seen em all.

    2. Re:paper trail? by thenextpresident · · Score: 0, Redundant

      "Oddly enough, all of those thousand geeks could tell you what a scroll is."

      Well, of course. Your mage writes spells onto scrolls, or finds them. I mean, what else would a scroll be?

      BTW, What the hell is paper anyways? Is it anything like papyrus?

      --
      Jason Lotito
    3. Re:paper trail? by _Sprocket_ · · Score: 1


      Oddly enough, all of those thousand geeks could tell you what a scroll is.


      Sure. That's an object you can collect in your favorite online game and sell on eBay. It's really a collection of bits - virtual property. What this has to do with paper, I have no idea. :)
    4. Re:paper trail? by Short+Circuit · · Score: 1

      BTW, What the hell is paper anyways? Is it anything like papyrus?

      Sort of. They're both made of wood.

      Unfortunately, while you can make papyrus with a good hand planar, it takes a dickens of a time to chew wood shavings into something that when dried makes good paper.

      Not worth the trouble, IMO.

    5. Re:paper trail? by ichimunki · · Score: 2, Interesting

      Papyrus is not made of wood. It is made of reeds. Neither is a lot of your better paper made of wood. The better stuff is pure hemp or cotton in the West and bast (mulberry) in the East. In fact, even your basic wood pulp papers these days have so many clays and polymers (sizing and bindings which make it possible to even run paper through something like an ink-jet printer without it falling apart) in them that saying they are made from wood pulp is almost misleading.

      If Linux is going to need a paper trail, I'd suggest a good acid-free archival quality paper. After Eldred v. Ashcroft-- and knowing the way Congress thinks-- Linus' great-great-great-grandchildren could well be defending the kernel from some sort of late-breaking attack over 100 years from now.

      --
      I do not have a signature
    6. Re:paper trail? by Short+Circuit · · Score: 1

      Papyrus is not made of wood. It is made of reeds. Neither is a lot of your better paper made of wood. The better stuff is pure hemp or cotton in the West and bast (mulberry) in the East. In fact, even your basic wood pulp papers these days have so many clays and polymers (sizing and bindings which make it possible to even run paper through something like an ink-jet printer without it falling apart) in them that saying they are made from wood pulp is almost misleading.

      Huh. I don't doubt you, it's just that I was taught about paper in elementary school.

    7. Re:paper trail? by Nutria · · Score: 1, Funny
      I was taught about paper in elementary school.

      And that would be... an American public school?

      --
      "I don't know, therefore Aliens" Wafflebox1
    8. Re:paper trail? by irokitt · · Score: 2, Insightful

      pencil and paper: n.

      An archaic information storage and transmission device that works by depositing smears of graphite on bleached wood pulp. More recent developments in paper-based technology include improved 'write-once' update devices which use tiny rolling heads similar to mouse balls to deposit colored pigment. All these devices require an operator skilled at so-called 'handwriting' technique. These technologies are ubiquitous outside hackerdom, but nearly forgotten inside it. Most hackers had terrible handwriting to begin with, and years of keyboarding tend to have encouraged it to degrade further. Perhaps for this reason, hackers deprecate pencil-and-paper technology and often resist using it in any but the most trivial contexts.

      Courtesy of the Jargon File. See, I know what paper is!

      --
      If my answers frighten you, stop asking scary questions.
  5. Maybe he should read SlashDot by Pedrito · · Score: 0, Redundant

    Maybe Mr. McKusick should have read this earlier post about how Linus is already on top of it. Can someone mark this story as redundant?

    1. Re:Maybe he should read SlashDot by Anonymous Coward · · Score: 0

      What about Linus got a letter from him?

      What about both got a letter from someone that had those remarks?

      It's not redundant at all. That's all some very interesting $0.02

    2. Re:Maybe he should read SlashDot by sumdumass · · Score: 1

      Maybe he did read that and the reason for his statment is to make it look like he has more influence then he does?

      you know what i mean.. like when you tell the dog to roll over and he sits instead so you blurt out sit before his but hits the ground to make it look like he listened.

    3. Re:Maybe he should read SlashDot by rsidd · · Score: 5, Insightful
      Maybe Mr. McKusick should have read this earlier post about how Linus is already on top of it.

      And maybe *you* should read RTFA (the McKusick interview)? He says explicitly that the paper trail was lacking "until recently" (by which he means the switch to BitKeeper). Maybe you should also learn some respect for people like McKusick who've been hacking free Unix since back when Linus was a kid. Among other things, this guy pretty much invented the modern Unix "fast file system", from which ext2 takes a lot of ideas. More recently, he's been responsible for softupdates in UFS (gaining the speed benefits of async mounts without compromising filesystem integrity in case of crashes).

    4. Re:Maybe he should read SlashDot by rsidd · · Score: 1
      And maybe *you* should learn the difference between a question and a statement and use the appropriate punctuation mark.

      If the question mark's good enough for Carl Sandburg, and a hundred other eminent authors, it's good enough for me. Perhaps you need an education in English.

      And when you're done with that, maybe *you* should work on recognizing tongue-in-cheek comments.

      Perhaps when you try to be humorous you should not say "someone mark this story as redundant". That only makes you look sound petulant.

    5. Re:Maybe he should read SlashDot by Anonymous Coward · · Score: 0

      Contrary to what many slashdotters seem to think, "redundant" doesn't mean "duplicate." Check a dictionary -- you might be surprised. For example, som synonyms are "superfluous" or "unnecessary." A duplicate post certainly qualifies, but so would a post that doesn't have anything useful to say.

  6. News at 11 by joib · · Score: 2, Informative

    It's not like this is some surprising new insight, see another article posted today: here.

  7. Coming soon...Pamela Jones' Grokline.... by LouisvilleDebugger · · Score: 3, Informative

    Is intended to allow the developers of Linux, as well as the various UNI*es, to register and tell what they know of their own roles, as well as the development of each feature of each version of UNIX flavored operating system. Stay tuned to Groklaw for the official announcement...we're working on getting the site up within the next couple of days.

    1. Re:Coming soon...Pamela Jones' Grokline.... by Anonymous Coward · · Score: 0

      please oh please let it not be based on geeklog...

    2. Re:Coming soon...Pamela Jones' Grokline.... by Anonymous Coward · · Score: 0

      Is it just me, or when guys hear "Pamela" do they get all hot and sweaty picturing this

    3. Re:Coming soon...Pamela Jones' Grokline.... by Anonymous Coward · · Score: 0

      Good -- maybe I'll be able to buy *BSD insurance from her and Perens also!

  8. Site's a little slow by karmatic · · Score: 2, Informative

    Site's a little slow already (darn subscribers), so here's a Mirror.

    Note: This doesn't mean I agree with this crap. As a coder, I can certainly understand their wanting to write code more than document everything. Really, shouldn't CVS logs be as much "proof" you wrote it as you need? It's far more work to try to fake writing it by changing other's code, than it is to just do the work itself.

    1. Re:Site's a little slow by xanadu-xtroot.com · · Score: 1
      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    2. Re:Site's a little slow by GridPoint · · Score: 2, Informative

      One of the main points of the article is that the (earlier) Linux versions lack any kind of CVS logs. The situation has been remedied when Linus started using BitKeeper, but there are years of development that cannot be tracked using a single source revision control system. This makes things quite complicated as the developers must dig through mailing lists and other means of communication to find out who really wrote what. "[...] they will have to dig themselves out of the swamp [...]", as said by McKusick.

      (Oh yes, and just so you know, Marshall Kirk McKusick isn't just some law-monkey, he is one of the leading BSD developers and has, among a lot of other stuff, written stuff such as the SoftUpdates FreeVSD filesystem extension which allows for running fsck as a background process during normal system operation.)

    3. Re:Site's a little slow by karmatic · · Score: 0, Offtopic

      Yes

    4. Re:Site's a little slow by xanadu-xtroot.com · · Score: 1

      . We were Akamai customers and were not charged on a per GB but we paid a flat fee for up to and including 1MBps average per month.

      WE who?

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    5. Re:Site's a little slow by Brandybuck · · Score: 1

      Really, shouldn't CVS logs be as much "proof" you wrote it as you need?

      Not at all. Your CVS logs will show who committed the code, but not who wrote it. The commit also needs to attribute the author. Looking at logs for various projects, some do this, but many do not.

      Besides which, Linux isn't under CVS, it's under Bitkeeper. And the Bitkeeper repository is still pretty new.

      --
      Don't blame me, I didn't vote for either of them!
    6. Re:Site's a little slow by mark-t · · Score: 1
      Your CVS logs will show who committed the code, but not who wrote it.
      Uh... no system can possibly do that. Think about it for a moment. How, exactly, can any system just "magically know" whether or not the person who committed the code to a project was genuinely authored by the person who committed it?
    7. Re:Site's a little slow by Brandybuck · · Score: 1

      Isn't that what I just said? CVS can't possibly know who authored the code.

      --
      Don't blame me, I didn't vote for either of them!
    8. Re:Site's a little slow by mark-t · · Score: 1
      My point was that *NO* system possibly can.

      Your implication was that CVS is somehow deficient because of this, which is what I was trying to adress, but I fail to see how that could be if no other system exists that can do any better.

    9. Re:Site's a little slow by Anonymous Coward · · Score: 0

      He's not talking about software choices, but about the process followed by the developers.

    10. Re:Site's a little slow by Brandybuck · · Score: 1

      Okay, you misunderstood me. Go all the way back to the orginal post. It was asking whether CVS logs were sufficient "proof". I replied that they were not. Do you have a problem with this statement?

      I was not disparaging CVS. I was only pointing out that it does not do what the original poster thought it did.

      --
      Don't blame me, I didn't vote for either of them!
    11. Re:Site's a little slow by mark-t · · Score: 1
      Indeed, CVS logs are not sufficient "proof" of original authorship.

      But ultimately that's about as much "proof" as one is ever going to have, no matter what software or process or combination of the two one employs.

      Sorry I mistook your point.

    12. Re:Site's a little slow by Brandybuck · · Score: 1

      You're not going to ever have concrete unassailable proof. But you CAN have firm evidence. A process where every committer must claim the code as original helps a lot.

      --
      Don't blame me, I didn't vote for either of them!
  9. Re:The only problem with that quote is... its enti by Anonymous Coward · · Score: 3, Informative

    Ehh. Linux /always/ had a version number. Since day one, with v0.01, back in 1991.

  10. 'he said-she said' by Anonymous Coward · · Score: 5, Funny

    Uh, this must be a typo. Linux developers arguing over the source for changes would always be; "he said-he said - then they got into a hissy fit hair-pulling fight"

    Glad I could clear that up.

    1. Re:'he said-she said' by Anonymous Coward · · Score: 0

      And then a corollary on Godwin's law would be invoked: "The first Linux developer to cry gets credit for the code."

  11. A new agreement by ch-chuck · · Score: 5, Interesting

    I guess, in the spirit of the GNU GPL, they'll have to come up with something, call it the FDA - a "Full Disclosure Agreement" that you *must* sign before contributing code, stating that you WILL tell everybody about the project and publish your code contribution, sort of a bizarro-world NDA.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:A new agreement by geomon · · Score: 1

      If that is going to be the standard, then Linux-ISVs better get cracking and provide a digital signature capability.

      Or is there one around already? The only reason I continue to maintain a Windows partition is because our time cards are electronic and our digital signature software is Windows-only.

      --
      "Rocky Rococo, at your cervix!"
    2. Re:A new agreement by Anonymous Coward · · Score: 4, Informative

      You are using digital signatures that aren't based on a standard, documented algorithm like SHA1? Better make sure your closed-source Windows implementation isn't snake oil... You should read what Schnierer has to say about unpublished proprietary encryption algorithms (for example in 'Applied Cryptography 2nd Ed'). FWIW, there are Linux implementations of just about every significant published digital signature standard.

    3. Re:A new agreement by geomon · · Score: 1

      Good point! You should have posted this sans AC.

      Please Mod Parent Up!

      --
      "Rocky Rococo, at your cervix!"
    4. Re:A new agreement by Thomas+Shaddack · · Score: 1
      Or is there one around already?

      GnuPG, as a standalone product and a sort of industry standard. OpenSSL, libmcrypt, and libmhash as libraries of algorithms and functions, the latter two also with PHP interfaces. And *many* more. :)

  12. Ownership trail? by Nordicfire · · Score: 1
    Uh. What's this crazytalk about ownership?

    Isn't the whole purpose of GPL that no-one can "own" any of the code?

    1. Re:Ownership trail? by chromatic · · Score: 2, Informative

      No. It's that no one can take away your right to fork the software, your right to use the software as you see fit, your right (or your proxy's right) to examine and change the software if you desire, and your right to redistribute the software, as long as you allow other people the same rights.

    2. Re:Ownership trail? by julesh · · Score: 2, Informative

      No, the purpose of the GPL is to provide everyone with access to the code and allow them to use it in their own GPL programs.

      All contributors to Linux still own the sections that they contributed. Some projects are run differently, for instance the FSF owns the code to all of the official gnu projects, because they ask contributors to assign copyright to them.

      The ownership is important if you later want to change the license, for example by granting somebody permission to do something that isn't usually allowed by the GPL (e.g. distribute a modified version that isn't under the GPL).

      If ownership of the code is restricted to a few well-known people this can be done, in the case of the linux kernel it couldn't, because if any contributor couldn't be contacted/refused (there'll be quite a few, I suspect), then their code would have to be removed. If it were important it would then have to be replaced.

    3. Re:Ownership trail? by milgr · · Score: 1

      IANAL, but as I understand it, even with the GPL, someone still owns the rights to the code. Typically this is the author. But the author may convey those rights to another entity - such as another user, a corporation, or the EFF.

      The GPL gives the users some rights - such as the ability to modify the code, and redistribute the code.

      Even after distributing code under the GPL, the author could decide to distribute it under a commercial license.

      --
      Where law ends, tyranny begins -- William Pitt
    4. Re:Ownership trail? by linuxhansl · · Score: 1

      It been said before:
      The GPL is not about ownership, it is about distribution rights.

      The ownership remains with the Copyright holder. In the case of the GPL the Copyright holder allows for redistribution under the GPL.

      The owner could release the same code under a different license, whereas somebody who received the code under the GPL cannot.

  13. What's wrong now? by Anonymous Coward · · Score: 0

    What's wrong with how it's documented now? It just seems like some people want a system in place to enable them more accurate blame a particular person or involved party. Some people also seem to want a better documenting system in order to be able to better defend against copyright and or patent infringement allegations.

    I feel that having to deal with an issue like this dimishes the free flowing spirit of open source. Time and energy may be better spent attempting to get governments to legislate exemptions for open source users. Heretical you say? No, I say, and here's why: from time to time we see things that lose trademark/copyright status because they have become generic and an integral part of a society. Now why can't the same concept apply to open source as it pertains to copyrights and patents?

    1. Re:What's wrong now? by Kiryat+Malachi · · Score: 1

      Because the GPL relies on copyright law to enforce itself, which would make an exemption entirely pointless?

      Now, an exemption for BSD-licensed software, that might be useful.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
  14. It's not really a problem by maximilln · · Score: 4, Interesting

    From what I've seen ownership never becomes a problem until large amounts of money become involved or until one group attempts to sandbag another group based upon their ownership. Since this is the open source community, most commonly under the GPL license, there is no worry about this sandbagging unless someone attempts to take a fork and make it commercial.

    Is this where the need for a paper trail comes in? Suppose someone takes the kernel and starts their own independent development on it. Hypothetically, in five years, they could rewrite or replace over 50% of the kernel with their own code. From what I understand the GPL license requires that any code that it becomes part of must also be GPL. If the total code package is several million lines, however, who is going to pay to subpoena the source code for a commerical product to prove that it was indeed started from a GPL/open source project? Who will pay to have the code audited and what prevents a potentially unscrupulous commerical entity from playing mix and match with subroutines so carefully that the resulting audit would take more time to arrange properly that to actually audit the lines one by one?

    I suppose, in this case, the paper trail wouldn't make a darn bit of difference. The paper trail isn't going to make it any easier to subpoena source code from a commercial entity if they're stonewalling.

    Enter my tin-foil argument that Windows9x/2x is nothing more than badly mangled Linux and a customized window manager built with a crytpically designed compiler--but no one ever gets to see the source code so they'll never be able to prove it.

    --
    +++ATHZ 99:5:80
    1. Re:It's not really a problem by Anonymous Coward · · Score: 1, Interesting

      > From what I've seen ownership never becomes a problem until large amounts of money become involved or until one group attempts to sandbag another group based upon their ownership. Since this is the open source community, most commonly under the GPL license, there is no worry about this sandbagging unless someone attempts to take a fork and make it commercial.

      So the SCO Trail Of Lawsuits doesn't seem to fit the bill here? Let's see:

      * Large amounts of money - check.
      * One group attempts to sandbag another group based on ownership - check

      So how come "It's not really a problem"?

    2. Re:It's not really a problem by maximilln · · Score: 1

      -----
      So the SCO Trail Of Lawsuits doesn't seem to fit the bill here?
      -----
      The SCO Trail of lawsuits isn't going anywhere. Plenty of large organizations have decided to call their bluff and demand some hard EVIDENCE.

      --
      +++ATHZ 99:5:80
    3. Re:It's not really a problem by Anonymous Coward · · Score: 0
      1. Since this is the open source community, most commonly under the GPL license, there is no worry about this sandbagging unless someone attempts to take a fork and make it commercial.

      You mispelled "closed".

  15. Code Slippage by Eberlin · · Score: 5, Funny

    Ok, so if I hypothetically had this idea to include a few lines into the kernel...I managed to slip a couple of lines of code into a "thank you" postcard to Linus eons ago. After reading it, he thought it was utter rubbish and tossed it away.

    Actually, he was so pissed off about the whole stupidity that it motivated him to stay up an extra two hours hacking away. So technically, some of his code should be attributed to me, right?

    Much like how some of that code should be credited to Pizza Hut, Starbucks, and a few different candy bars. So where's the documentation on that?

    All the changelogs, the comments, and any other bits of documentation aren't enough. Where's the credit to the pizza delivery guy? He helped develop some of that code! Ingrates, I tell ya.

    1. Re:Code Slippage by PimpBot · · Score: 1

      Don't you mean (Moutain) DEW/Linux? ;-)

  16. Funny how this coincides with... by yarrick · · Score: 5, Informative

    Slashdot: Process Improvements Wasn't Linus just talking about authors signing kernel submissions?

    1. Re:Funny how this coincides with... by ftide · · Score: 1

      I think it's three things that must be considered: process ( the code ), parliamentary procedure ( codification between people ) and defining standards. If someone makes a point of order about the kernel and this motion is "filed" online in a routine manner then it should be received in open format. I think these things in part will determine how far a paper trail can go.

  17. He said She said by NodeZero · · Score: 1, Funny

    they have opened themselves up to a swamp of 'he said-she said' about where code came from.

    He said "If I tell you, i'd have to kill you".

    --
    - "My name is Legion, for we are many" -Mark 5:9
  18. And ironically... by Fnkmaster · · Score: 4, Insightful
    The ad on the right part of the screen is a Microsoft ad claiming that "Mainframe Linux was found to be 10x more expensive than Windows Server 2003" at fileserving. Jeez, apparently you need a mainframe to work as a fileserver these days... sounds like somebody was comparing apples to oranges there. Great ad for "searchenterpriselinux.com".


    Also, I would imagine that pretty much every kernel code submission is traceable to it's submitter. As far as I know, every specific line of code that has been brought up by SCO has been tracked down and attributed to it's submitter. Beyond that, there's really no way for BSD, Linux or anybody else to _know_ that the person submitting a patch really owns the copyright to it, or is acting as an authorized agent of their employer who owns the copyright to it. At some point, there is good faith. Yes, a well-documented paper trail would be nice, but requiring patch submitters to submit signed documentation with their patches would place an immense administrative burden on somebody, and it wouldn't prove that no copyright infringement has occurred, it would just blame-shift to whoever submitted the patch. I don't think that would legally remove the possibility that an unscrupulous company could go fishing for damages, a la SCO. It would also effectively remove the bazaar-like openness that Linux has, in contrast with more closed, insular projects with their rigid committer lists and uberpolitical machinations (XFree86 anyone?).


    But I guess from a PR perspective this guy has a good point. Having some big pile of papers to point to and say "look, this documents that all contributers have copyright to their patches, and every line of code is accounted for" - this might help dissuade outrageous claims like SCOs and allay the fears of the business community, which likes to know that there are reams of bureaucratic documentation proving that the code is clean.

    1. Re:And ironically... by Anonymous Coward · · Score: 0
      Great ad for "searchenterpriselinux.com".

      FYI, Slashdot runs those ads constantly. They're probably 15-20% of the banners I see here.

    2. Re:And ironically... by Anonymous Coward · · Score: 0

      In your hosts file include this line:

      127.0.0.1 ads.osdn.com

      It works good.

    3. Re:And ironically... by Brandybuck · · Score: 3, Insightful

      Also, I would imagine that pretty much every kernel code submission is traceable to it's submitter.

      Actually, no. It can be pretty difficult to know where a particular line of code ultimately came from. It can be done, but it will be time consuming. That's because Linus has lots of filters in place before the code reaches him, and historically, no formal repository for the submissions to sort it out. So while you can find out relatively fast that the John gave a patch to Linus, it's much harder to find out who gave that patch to John, and who gave it to the person who gave it to John.

      You Linux advocates need to stop taking every piece of constructive criticism as an attack! If there is a problem, you should go fix it, instead of arguing that it doesn't exist.

      But I guess from a PR perspective this guy has a good point.

      This "guy" is the Grand Master of unencumbered, free and open software. He's also a 32nd Degree Kernel Hacker. When he speaks, you should listen.

      --
      Don't blame me, I didn't vote for either of them!
    4. Re:And ironically... by winwar · · Score: 1

      Because I'm not a programmer or coder, maybe you could answer this question. How is the kernel code documentation (where the code came from) different than that in any other business? In other words, if Megacorp A wanted/needed to track down who added a particular line of code, could they? Could they determine it wasn't stolen, copyrighted, etc? Knowing how documentation is done (or not done) in organizations or lost over time, etc., is this a problem unique to the Linux kernel, or is the fact that the kernel development is so visible?

    5. Re:And ironically... by Anonymous Coward · · Score: 0

      Jeez, apparently you need a mainframe to work as a fileserver these days.

      IBM is actually marketing mainframes to run Apache and Samba. Think the campaign is only intended for IBM's normal buttrape victims, but Microsoft is running with it.

    6. Re:And ironically... by Fnkmaster · · Score: 1, Interesting
      You Linux advocates...

      I don't think I ever said I was a Linux "advocate" - I advocate the right tool for the job. Sometimes it's Linux, sometimes it's not.

      I take all people's opinions and weigh them based on their own value, unless somebody has demonstrated a track record with me of excellent quality thought. I won't accept anybody's argument by authority, thank you very much. I do however think that everybody has known for some time that Linux kernel development needed more structure, needed SCM and so on, and it's got that now. And I acknowledge that from a business PR perspective, McKusick is probably right, but that his recommendations wouldn't necessarily have prevented a challenge like SCO's from occuring in the first place, and they may well have had other burdensome consequences.


      You BSD people need to stop acting like you're right all the time, that's not a very good way to make new friends. Truthfully though, I don't know what I can stand less, the script kiddie types who think they are |33+ because they run Linux, or the supercilious, grumpy old BSD engineer types.

    7. Re:And ironically... by Brandybuck · · Score: 2, Informative

      When I said "you Linux advocates", I was not referring to you specifically. I was referring to the masses of posts here saying that there isn't a problem. The fact is that there is a problem. Even Linus Torvalds admits it.

      I apologize if I singled out your specific instance of this attitude.

      --
      Don't blame me, I didn't vote for either of them!
  19. obvious: a little late?? by 192939495969798999 · · Score: 1

    Isn't that sort of like trying to trace the sources of popular fables after years of circulation? I agree that for any new module, the author information should be included. For existing modules, however, trying to figure that out is gonna be really hard. Except for the guy that has the patent on the blinking cursor, and other places where a clear intent to earn $ was present from the get-go. Unlike SCO, which seems to only care since Linux became^H^H^H^H^H^H started looking like a threat to UNIX.

    --
    stuff |
  20. How many closed source people copy code? by Anonymous Coward · · Score: 3, Insightful

    How many closed source companies copy code from various places? I would say open source is the least likely place people will do this considering how easy it is to get caught.

    Anyone out there have personal knowledge?

    1. Re:How many closed source people copy code? by jimfrost · · Score: 2, Interesting
      How many closed source companies copy code from various places?

      I can't tell you about the industry as a whole, but so far I haven't seen even one case of a large body of source that didn't have code cribbed from somewhere else (my current employer excluded, I haven't been here long enough to know one way or the other).

      Often this is not widely known, i.e. only one developer might know it happened.

      I do note that over time the practice has become more strongly discouraged. I believe it was the GPL that was behind a lot of that, with smaller companies anyway, because the GPL has been a very tempting code base -- but with obvious legal strings attached.

      --
      jim frost
      jimf@frostbytes.com
  21. Re:The only problem with that quote is... its enti by Short+Circuit · · Score: 3, Interesting

    You know, I suspect they've already discovered copied code...by a Caldera employee. Possibly even with written permission on file.

    But the point of their lawsuit is to prove that at least some of the code in Linux came from SCO's IP through IBM. They're damned sure not to point out any pasting they did. It would point to an apparent flaw in their logic.

    (And whether that flaw is really a flaw, and not a dynamic company changing its policies, is a subject for another debate. But I won't represent them.)

  22. Re:The only problem with that quote is... its enti by imp · · Score: 5, Informative

    The changelog is insufficient documentation. It contains vague attributions that something changed somewhere in the code. It isn't specific as to what lines of code changed. Later, when you go back and try to find where a set of lines came from, a changelog doesn't help much.

    With a source code control system, you know that so and so added on such and such a date. You can then go to that person and ask them where they got it from if there's ever any question.

    In the BSD world (I do a lot with FreeBSD), this has come in very handy when code disputes come up. Being able to talk to the actual people that inserted the code into FreeBSD has helped to clear up what otherwise might have been viewed as something improper.

    I've tried to do similar things with versions of linux in the past, only to discover that I could, at best, find what version they came into the tree at, and who collected the patch and sent it to Linus. I wasn't able to track it further without searching public mailing lists for the information (with mixed results).

    while you might believe that it will take 20 minutes to identify the code in question, my guess is that's overly optimistic, unless the code in question was contributed since bk. It usually takes me at least 5 minutes to find out where code comes from in FreeBSD when there's a question, and cvs annotate makes the process *MUCH* faster.

    I'm not sure I'd disagree with your comments about SCO being able to come up with where the code came from relative to Linux.

  23. Don't they by Anonymous Coward · · Score: 0

    Don't they have the email address and identity of the person who submitted it originally to the linux kernel mailing list?

    As long as the maintainers made a good faith effort to get a name and contact information for each contributor, not just a hotmail address or something, I don't see where the problem lies.

  24. No. by Anonymous Coward · · Score: 0

    In fact, if there weren't strong copyright laws protecting the copyright holder of the code, then the GPL would be useless.

    Here is the breakdown. The GPL is a license. A license is permission to do something you would normally not be allowed to do. IN this case, copyright laws expressly forbid anyone other then the copyright holder ("owner") from distributing or publishing the code. (with a few exceptions for fair use, etc...) Now, in order to use that code, the copyright holder has to grant you permission. In this case, the GPL is the grant of permission. The author says, "so long as you abide by the terms of the GPL, you have my permission to use my code." The GPL explains all of this in its preamble. You should read it sometime.

  25. Good time for a link, then. by Anonymous Coward · · Score: 1, Informative
  26. What verification mechanisms are there? by asmellysock · · Score: 1, Redundant

    When someone submits a potential change to Linux, what mechanisms are in place to verify that the submission is not copyrighted material? Also, what mechanisms are there to eliminate a copyright infringement once one is discovered?

  27. Re:infOrmative M4reMare by julesh · · Score: 0, Offtopic

    for the s7ate of And its long term [goat.cx]

    Right. The link text makes no sense, and the link points to the wrong site. Even the goatse.cx trolls are going downhill these days.

  28. Re: Obligatory "truly scary" response by Anonymous Coward · · Score: 0

    Great. First racial profiling, then TIA, then USA-PATRIOT, now this. What's happening these days is Truly Scary.

  29. Surely he means PDF by Mustang+Matt · · Score: 4, Funny

    Paper? What's paper?

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
    1. Re:Surely he means PDF by denlin · · Score: 1

      if they're creating the documents, you surely mean word or more likely LaTeX. :)

      --
      Yes, I have RTFA. Yes, I have a girlfriend. Yes, I'm new here. And no, I don't want a free iPod.
  30. GPL does NOT grant you rights... by Anonymous Coward · · Score: 1, Interesting

    It actually is inaccurate to call what the GPL grants you a "right." A right can only be granted to you by a sovern governmental entity, or God. The GPL only grants you permission to share code, modify, fork, etc... Now, that permission comes with the promise that they will never be modified. That, combined with the reality of the hodgepodge of copyright ownership all mixed into a program all work to make it near impossible to revoke that promise; but it is still, nonetheless, a promise.

    1. Re:GPL does NOT grant you rights... by UnknownSoldier · · Score: 1

      > A right can only be granted to you by a sovern governmental entity, or God.

      Where do you think the government got the rights in the *FIRST* place?

      Let me ask you this, to help illustrate my point...

      Does government create people, or do people create the government?

      --
      So when 2 buildings in America blow up, that's called Terrorism.
      But when America genocides a nation, its your patriotic duty to kill others and Win the War.

  31. And I think by Zapdos · · Score: 1

    That we should call this Unix-like operating system Linux.

  32. FSF compliancy by kjd · · Score: 1

    The FSF has been covering their/our asses on this kind of stuff for years.

  33. Re:The only problem with that quote is... its enti by E_elven · · Score: 2, Insightful

    We all know Linux hasn't been in any sort of a version control system since version 2.2 after which the issues started alledgedly creeping up.

    --
    Marxist evolution is just N generations away!
  34. Libertarian Solution: by Anonymous Coward · · Score: 0

    Sell it to the highest bidder. The only function of government is to guarantee private property (and wage war on selected enemies). By securing Linux in private hands we can guarentee that it will be judged fairly in the marketplace.

    1. Re:Libertarian Solution: by stry_cat · · Score: 1

      That's not exactly the Libertarian solution. The only legimiate purpose of government is to punish fraud and defend against force (and I'm not sure we should even let government have these powers). Open Source and Free Software are both great in the eyes of Libertarians. People come together without threat of force and volunterly create a product to compeate with another product. I haven't yet decided if the cost of Linux is truly cheaper than the cost of Windows, they both have many hidden costs. Anyway I suggest the Anonymous Coward take a closer look at Libertarian philosophy.

  35. So Marshall (+ Simoniker) missed today's news??? by jg21 · · Score: 1
  36. Pot, Kettle, Black by Rex+Code · · Score: 0

    Kirk has been involved with FreeBSD since forever and knows damn well that FreeBSD isn't documenting where code contributions come from any differently than Linux is.

    Yes, it's an important topic, but Kirk choosing Linux as his example is just plain wacko.

    1. Re:Pot, Kettle, Black by Anonymous Coward · · Score: 0

      echo 'Dude, you're an idiot.'

      # EOF

    2. Re:Pot, Kettle, Black by mph · · Score: 2, Insightful
      Kirk has been involved with FreeBSD since forever and knows damn well that FreeBSD isn't documenting where code contributions come from any differently than Linux is.
      Well, gee, I guess all those "Submitted by:" notes and PR numbers in the CVS logs are in my imagination.
    3. Re:Pot, Kettle, Black by imp · · Score: 1

      Kirk has been involved with FreeBSD since forever and knows damn well that FreeBSD isn't documenting where code contributions come from any differently than Linux is.

      FreeBSD commmit messages routinely contain submitted by: lines. The commit logs are routinely scrubbed for contributors that wind up in the handbook. FreeBSD has been using CVS for 8 years longer than Linus has been using bk, which documents where changes come from much better than linux's former source code control system. The FreeBSD core team polices the FreeBSD committers to ensure that these policies are followed (I'm on the core team, and we get maybe about 1 or 2 failed attributions a year our of thousands of changes I'd guess).


      Linux has been much more cavalier about documenting where code came from in the past. The situation is being changed, but to say that isn't so is to engage in revisionist history. Kirk knows what he's talking about here, and was fair in his characterization of the current state of affairs in the Linux world.

  37. SCO *WILL* look foolish? by ecklesweb · · Score: 2, Funny
    In the end, I think SCO will look foolish.

    In the end ? I like to think there's no time like the present.

  38. Don't worry about it, except for big additions by Animats · · Score: 2, Informative
    I wouldn't worry about it. Look how much effort SCO has put into finding infringements, how unsuccessful they've been, and how much trouble they're in now. Once the SCO case is over, nobody is going to challenge Linux for a long time.

    Meanwhile, SCOX is down to 4.74 today. Volume is about a third of the 3-month average; they're falling off the investment radar. IBM's latest set of legal moves put SCO in worst shape than they've been since the litigation started. SCO has an earnings call and webcast on June 2. Tune in and hear Darl try to talk his way out of this one.

  39. What? by Anonymous Coward · · Score: 4, Interesting

    'There isn't a well-documented ownership trail with Linux. So, they have opened themselves up to a swamp of 'he said-she said' about where code came from'

    So what? There is a basic flaw in this argument! In the USA anyway, you are presumed innocent until proven guilty. Anybody alleging that source was stolen and placed into Linux must prove that source code:
    a. existed somewhere prior to being placed into Linux
    b. was stolen, not just happens to resemble code that might have been developed independently by someone else

    In short, there should be no burden of proof on Linux's part to prove that the source was not stolen; the burden of proof must be on the accuser to prove that the source was stolen!

    Knowing who submitted exactly which piece of code to Linux will not drain the swamp of 'he said-she said' about where code came from'. In fact, it will make it a lot worse. Consider: company A claims that some portion of Linux source, submitted by person B, was stolen. Person B had business dealings with company A prior to or during the time that the source was submitted. Company A will say that this proves the source was stolen from them since person B obviously had opportunity! They will claim this even if person B had dealings totally unrelated to software within company A.

    1. Re:What? by praksys · · Score: 4, Interesting

      In the USA anyway, you are presumed innocent until proven guilty.

      That is only true in criminal trials, and not always true even then. Copyright is civil matter, so the standard is usually "on the balance of the evidence". If one side can produce a pile of documents relating to the development of some code, and the other side can only produce a guy who says "I wrote it" then it is a pretty safe bet that the side with all the ducuments will win.

      Sound stupid? Welcome to the wacky world of intellectual property.

    2. Re:What? by yintercept · · Score: 1
      In short, there should be no burden of proof on Linux's part to prove that the source was not stolen; the burden of proof must be on the accuser to prove that the source was stolen!

      It might sound strange to folks with a modern education, but the notion of innocent until proven guilty was really designed to protect the innocent. It was not designed as a clever way to secure title to the things one steals. Filing the VIN off the engine block doesn't give you title to the Porsche. Nor should it be used as justification for "conveniently losing" the paper trail.

      There is no justification for people who destroy or manipulate historical documentation. The innocent until proven guilty framework provides as much if not more need for quality records than the guilty until proven innocent methodology.

      If we take your idea to the logical conclusion, then I would say that all Linux documentation should be printed on flash paper; so that we can destroy any incriminating evidence when the real owners of the work come to call.

      As it is likely that people will leak code they do not own into open source projects, I think good documentation is extremely critical as it aids in removing the tainted source materials.

    3. Re:What? by Anonymous Coward · · Score: 0

      In short, there should be no burden of proof on Linux's part to prove that the source was not stolen; the burden of proof must be on the accuser to prove that the source was stolen!

      You completely miss the point. IF someone can prove there is stolen code, then the problem becomes WHO stole it.

      Linux isn't from a company -- It's a tarball published by one guy, Linus. If there's a copyright infringement, Linus is probably going to be personally responsible -- UNLESS he can point the finger at someone else.

    4. Re:What? by Anonymous Coward · · Score: 0

      but the notion of innocent until proven guilty was really designed to protect the innocent.

      That's absolutely right!

      If we take your idea to the logical conclusion, then I would say that all Linux documentation should be printed on flash paper; so that we can destroy any incriminating evidence when the real owners of the work come to call.

      and that's absolutely wrong! As has been pointed out here several times, it is damned near impossible to prove a negative, i.e. prove conclusively that the code was not stolen! As a matter of fact, that's exactly why the presumption of innocence was written into US criminal code. Now, my point was that the US court system seems backwards right now. Otherwise, why in the hell would this article be suggesting that it is up to Linux to prove that any code was not stolen?

      As it is likely that people will leak code they do not own into open source projects, I think good documentation is extremely critical as it aids in removing the tainted source materials.

      What makes this likely? Any proof? SCO would love to know about that!

    5. Re:What? by Anonymous Coward · · Score: 0
      What makes this likely?

      You can get an economic gain by leaking your competitors code into an OSS project. Likewise companies can gain if a third party sneaks copyrighted code into an OSS project. I've worked on projects where people have "open sourced" my code without my knowledge. They were just wanting the ego boost.

      The question of this post was not whether or not Linux is being forced to prove innocence in SCOs nuisance lawsuits, but about documentation for Open Source projects. The fact that there is scum in the world like SCO that misuses the legal system does not mean that OSS projects should not follow best practices.

      OSS projects need source control as much as anyone. There really needs to be a mechanism to handle malevolent third parties that contribute tainted code to projects. The problem with computers is that once you have a dependency on tainted code, the whole project is tainted.

      Good documentation should at least highlight the guilty parties. We need legal reform to minimize the damage of malevolent contributions from third parties..

  40. This is ridiculous. by JessLeah · · Score: 4, Insightful

    It's very easy to document where code did come from. But it's virtually impossible (if not 100% impossible!) to document that code did not come from any commercial source. By definition, to "prove" that any given piece of code didn't come from a commercial source, you'd have to take every single piece of commercial source code written up to and including the day of the disputed source's release, and grep it.

    1. Re:This is ridiculous. by Anonymous Coward · · Score: 0

      That's true. That's why the idea behind better documentation is to be able to show WHO committed the potentially offending code.

      It's all about accountability, my friend.

    2. Re:This is ridiculous. by winwar · · Score: 1

      Ah, yes, but because they have a signed piece of paper from the author of the code saying it is okay to use, there won't be a problem. I sure hope that I read that part of the interview wrong or it was written up wrong, otherwise maybe they didn't learn as many lessons as they thought...
      Paper trails are nice, but as you noted, they can't prove ownership. Of course, if someone later believes that piece of code was copied (maybe the author didn't have permision to use it or copied it his/her self) they have a nice way to prove infringement. After all, a paper trail does not absolve those at the top of responsibility....

  41. RMS:I told you so by line-bundle · · Score: 4, Interesting

    Was this not one of the reasons the GNU project wanted copyright assigned to it?

    1. Re:RMS:I told you so by Brandybuck · · Score: 1

      Only partly. The FSF wants copyrights so that it can enforce the GPL on the software it owns. McKusick's argument comes from the other direction. The paper trail is to prevent third parties from laying claim to Linux.

      The infrastructure to provide copyright assignments is not going to help in providing the paper trail that is talked about. That's because you typically sign an assignment statement once, and not for every submission.

      --
      Don't blame me, I didn't vote for either of them!
    2. Re:RMS:I told you so by cbr2702 · · Score: 1

      Assiging copyright doesn't do any good, as a disgruntled employee submitting proprietary code to a project can write that he/she is assigning copyright as easily as not.

      Case 1: I give you bob's car. He gets mad, sues.
      Case 2: I give you bob's car, along with a made-up title to it. He gets mad, sues.

      --


      This post written under Gentoo-linux with an SCO IP license.
    3. Re:RMS:I told you so by leandrod · · Score: 1
      > Was this not one of the reasons the GNU project wanted copyright assigned to it?

      Precisely. It would have made SCO charges much more difficult to come up with in the first place, and much easier to dismiss now.

      The way I see Linus' initial refusal to request assignments or to allow FSF to do so, and his current partial implementation of the idea, it looks like a marketing get-to-the-market-fast idea: do it quick and dirty, once you're established you can go back and fix it. Only you will only fix when a catastrophe (SCO) comes around.

      --
      Leandro Guimarães Faria Corcete DUTRA
      DA, DBA, SysAdmin, Data Modeller
      GNU Project, Debian GNU/Lin
  42. GOD does NOT grant you rights... by Anonymous Coward · · Score: 0

    >A right can only be granted to you by a sovern governmental entity, or God.

    Huh? You carp about inaccuracy and then, in the next breath, you misspell "sovereign" (assuming that is what you meant) and talk about God granting you rights?

  43. Re:The only problem with that quote is... its enti by hughk · · Score: 4, Informative
    In theory, you need a CVS diff list at least. However, unless the commit comments are linked to a meaningful entry somewhere that shows where a change come from, you will have problems. It doesn't matter whether you use CVS or BK, you still need underlying mechanisms. One issue with Linux, is that it has a lot more contributors than *BSD, which tends to make things more complicated.

    In the commercial world, you have change numbers which link to a documentation trail which shows who implemented something and why and who approved it. Linus is trying at least to improve the code provenance by looking at a certification chain between the patch generator, the maintainer and eventually Linus as release manager. Unfortunately, it still looks like a hunt through LKML for the documentation as you suggest.

    --
    See my journal, I write things there
  44. foo by JDizzy · · Score: 3, Interesting

    This is why the old 4-clause bsd license enforced the notion of not being able to remove the copyright notice itself, and always giving credit for authorship of the code, plus the normal lack of warranty bits. RMS has quotes on the internet and his fsf.org site about this, and to summarize he says that it is too much of a burden to mark the names of each and every contributor to the code. This is just the way the GPL assymilates code, and makes it stink. Marshal is probably right about this since he was at the CSRG when BSD came under the gun about att code infringment..

    --
    It isn't a lie if you belive it.
    1. Re:foo by Anonymous Coward · · Score: 1, Informative
      This is why the old 4-clause bsd license enforced the notion of not being able to remove the copyright notice itself, and always giving credit for authorship of the code, plus the normal lack of warranty bits.
      This is misleading. The problem with the old BSD licence was to do with advertising not copyright attribution. In fact, what you're saying with regards to "not being able to remove the copyright notice" hasn't changed one jot from the old licence to the new. The relevent paragraph in both licences:

      "1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer."
      RMS has quotes on the internet and his fsf.org site about this, and to summarize he says that it is too much of a burden to mark the names of each and every contributor to the code.
      Any quotes you may have will be to do with advertising. It is incredibly misleading to drag this issue up again in a story about copyright attribution.
  45. "he [Linus] knew where everything came from!" by Anonymous Coward · · Score: 0

    "Isn't Linux documented in this way?
    McKusick: Up until fairly recently, Linus [Linus Torvalds, the creator of the Linux kernel] didn't believe in source code control systems. My understanding is that he felt that the source code on his machine was the master source --he knew where everything came from -- and you didn't need to use source code control because he had centralized control."

    He (might) know where everything comes from, but does he know where all the forwarders get their code from? (be it either: their brain, their team at work, text books, leaked code, etc...)

  46. Commercial SW needs better paper trails too. by Anonymous Coward · · Score: 1, Informative
    The paper-trails of Linux are far better than most corporations.

    Just because a corporation has a SourceSafe system doesn't mean people actually enter into the comments when they steal GPL'd code.

  47. Re: Naming Conventions by Anonymous Coward · · Score: 0

    Stoned Beaver might have been an allusion to the Tooth Fairy. Linus was REALLY trying to let the proverbial paternity cat out of the bag. Them Alexis folks were just a bit slow on the uptake, that's all.

  48. Re:The only problem with that quote is... its enti by Anonymous Coward · · Score: 0

    Grandparent has a hotmale.com account. Says it all.

  49. Linus says they're working on it by bl8n8r · · Score: 1

    At least for patch submissions anyway. new patch submissions It's going to take a while to integrate full blown political ass-covering into the linux kernel process -- if that's even what the developers/Linux want. Adding too much of that stuff eventually makes it hard to even fart without signing-off on a dozen "TPS reports" first. Good luck guys.

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  50. [RFD] Explicitly documenting patch submission by Thoron · · Score: 4, Informative

    Linus has already acted.

    Date: Sun, 23 May 2004 06:48:09 GMT
    From: Linus Torvalds <torvalds@osdl.org>
    To: Kernel Mailing List <linux-kernel@vger.kernel.org>
    Subject: [RFD] Explicitly documenting patch submission

    Hola!

    This is a request for discussion..

    Some of you may have heard of this crazy company called SCO (aka "Smoking
    Crack Organization") who seem to have a hard time believing that open
    source works better than their five engineers do. They've apparently made
    a couple of outlandish claims about where our source code comes from,
    including claiming to own code that was clearly written by me over a
    decade ago.

    People have been pretty good (understatement of the year) at debunking
    those claims, but the fact is that part of that debunking involved
    searching kernel mailing list archives from 1992 etc. Not much fun.

    For example, in the case of "ctype.h", what made it so clear that it was
    original work was the horrible bugs it contained originally, and since we
    obviously don't do bugs any more (right?), we should probably plan on
    having other ways to document the origin of the code.

    So, to avoid these kinds of issues ten years from now, I'm suggesting that
    we put in more of a process to explicitly document not only where a patch
    comes from (which we do actually already document pretty well in the
    changelogs), but the path it came through.

    Why the full path, and not just originator?

    These days, most of the patches in the kernel don't actually get sent
    directly to me. That not just wouldn't scale, but the fact is, there's a
    lot of subsystems I have no clue about, and thus no way of judging how
    good the patch is. So I end up seeing mostly the maintainers of the
    subsystem, and when a bug happens, what I want to see is the maintainer
    name, not a random developer who I don't even know if he is active any
    more. So at least for me, the _chain_ is actually mostly more important
    than the actual originator.

    There is also another issue, namely the fact than when I (or anybody else,
    for that matter) get an emailed patch, the only thing I can see directly
    is the sender information, and that's the part I trust. When Andrew sends
    me a patch, I trust it because it comes from him - even if the original
    author may be somebody I don't know. So the _path_ the patch came in
    through actually documents that chain of trust - we all tend to know the
    "next hop", but we do _not_ necessarily have direct knowledge of the full
    chain.

    So what I'm suggesting is that we start "signing off" on patches, to show
    the path it has come through, and to document that chain of trust. It
    also allows middle parties to edit the patch without somehow "losing"
    their names - quite often the patch that reaches the final kernel is not
    exactly the same as the original one, as it has gone through a few layers
    of people.

    The plan is to make this very light-weight, and to fit in with how we
    already pass patches around - just add the sign-off to the end of the
    explanation part of the patch. That sign-off would be just a single line
    at the end (possibly after _other_ peoples sign-offs), saying:

    Signed-off-by: Random J Developer <random@developer.org>

    To keep the rules as simple as possible, and yet making it clear what it
    means to sign off on the patch, I've been discussing a "Developer's
    Certificate of Origin" with a random collection of other kernel
    developers (mainly subsystem maintainers). This would basically be what
    a developer (or a maintainer that passes through a patch) signs up for
    when he signs off, so that the downstream (upstream?) developers know
    that it's all ok:

    Developer's Certificate of Origin 1.0

    By making a contribution to this project, I certify that:

    (a) The contribution was created in whole or in part by me and I
    have the

  51. It's out now :] by Xenographic · · Score: 2, Informative
  52. No matter how convoluted... by IBitOBear · · Score: 4, Insightful

    No matter how convoluted the system you propose to "track" this stuff, it will *always* come down to whether you beleive or can trust "the first order contributer".

    If we knew where every last keystroke came from, there would still be the "bob is lying, that keystroke didn't come from him, he stole it from his bos/frind/company/disassembly-fo-windows or whatever. Or worse, he typed in the code but he got the idea from watching the wonderful-world-of-Disny while reading Cryptonomicon so Eisner and Stephensen are the inventors and deserve X in consideration.

    Many jobs worth doing are only worth doing to a certian standard of completeness. The problem with the porely-named Intellectual Property domain is that, reguardless of whether ideas want to be free or $40 a barrel, the boundary and origin of all ideas is undocumented-bastardary at best.

    All works of any creative mind are, at least in part, stolen from the fertile field of experience.

    There is no fixing that, and the supposition that all the progenitors of what came before do *NOT*, a-prioria, deserve recognition and a stake.

    Turning the provenance of each line of code into a preverse kind of Oscal(tm) acceptance speach *still* wont insure that someone isn't slighted somewhere.

    "I'd like to thank the academy, and my third grade comp-sci teacher for this for-loop, without them I would have never understood that pre-increment saves a temporary. And of course a shout-out to the CPU manufacturer, without whom I'd have never had a chance at direct increment of non-register memory. And of course my Mom, who never let me leave the table without eating all my peas; if it weren't for her I'd have never learned the value of bounds-checking in the completion of a problem domian. I know I'm forgetting someone, but you have all been so wonderful..." -- Rob White, Linux Kernel 6.2 Changelog for kernel.c line 722.

    NOTE: The Above attribution is Under Dispute from the GCC board of optimizers for failure to credit the optimizing community's efforts in envisioning the need for loop unroling and the value of peep-hole allocation of registers...

    Really, how bad does "intellectual property" have to get before people get it into their heads that the Founding Fathers *DID* understand that you cannot own an idea. The absence of computer science from their accumen doesn't mean that these topics are sacrocant, wholly new, and innumerable to that prior understanding.

    Clue please people...

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:No matter how convoluted... by Anonymous Coward · · Score: 0

      Makes me think of 1984's "Thought Police". We now live in a time where ideas have become material. No matter the intention, whether harm/help, ideas are thought to be enough to take action.
      BrightShinyThing

  53. A Real Paper Trail by Anonymous Coward · · Score: 0

    I'm sure this is already done but why not make an actual paper log of the code ? I realize that it is quite long, maybe a few lines or four or more. How about putting it on cd and then archiving it to a library? What about actually publishing the code? Every year or new version or sub-version a new book is published or cd is written.

    Already the kernel versions are saved and sent via ftp and more but that can be altered. I like the DCO stuff (http://news.com.com/Linux+contributors+face+new+r u%20les/2100-7344_3-5218724.html?tag=nefd.top) to an extent. I don't like people wasting their time when productive lines of code can be written.

  54. haha loser boy. by Anonymous Coward · · Score: 0

    ignorant fucktard.

  55. Re:The only problem with that quote is... its enti by niittyniemi · · Score: 1


    > One issue with Linux, is that it has a lot more contributors
    > than *BSD, which tends to make things more complicated.

    It shouldn't make things more complicated. Linux needs a pr
    system like FreeBSD so that contributions from people without
    commit privileges can be made and more importantly tracked back
    to the contributor

    In the past, I could post a patch to the Linux kernel mailing
    list and it might be cut and pasted by someone and committed but
    without any subsequent trail back to me.

    I don't know if this has changed but in the light of SCO it has
    to be tightened up if it hasn't been already, or there maybe
    further claims of stolen code made against Linux.

    --
    The Machine stops.
  56. Re:infOrmative M4reMare by Anonymous Coward · · Score: 0

    Off topic; Nope, the link isn't wrong, goatse.cx has actually been taken off-line, says something like "closed by isp", affecionados have created mirrors. I tried to set someone's start page to goatse.cx Saturday evening - goatse.cx wasn't working, had to find a mirror. Easily done with google :-).

  57. A response to SCO? by LooseChanj · · Score: 1

    They really don't deserve one. This sounds too much like "well, they might have a point about..." SCO should just be laughed and pointed at.

    --
    Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
  58. Re:The only problem with that quote is... its enti by noselasd · · Score: 1

    >With a source code control system, you know that so and so added on
    >such and such a date. You can then go to that person and ask them where
    >they got it from if there's ever any question.
    While ofcourse a source control system will help alot, it won't always reveal the whole truth about
    where the code comes from. For the 2.6 kernel you can view the changes here.
    On thing you might notice is alot of changes from e.g. akpm(Andrew Morton). But he didn't write that all code.
    Alot of the changes commited by akpm is patches contributed by other people again. This goes for most kernel
    programmers commiting changes to the vanilla tree. So in this case, the question is,
    does akpm keep track of all the patches he ever gets ?(often they do include an attribution in the changelog, but it can still be a weak spot.)

  59. Re:The only problem with that quote is... its enti by dmaxwell · · Score: 1

    There is also lkml and that pretty much existed from day one. What Linus was complaining about is that searching and correlating lkml, the changelogs, and the comments is tedious. Everything can be accounted for, it's just hard. What Linus whats now is to have machine readable assertions of who contributed what and the rights they had to do it.

  60. The email lists and usenet *IS* the paper trail by NZheretic · · Score: 1
    The Linux based email lists, related Usenet postings and the raft of public position papers is the Linux kernel paper trail. There is heaps of publicly established provenance, it's just scattered all over the internet and residing on people's old harddrives, backup tapes and CD-ROMs.

    To quote Linus Torvalds:

    People have been pretty good (understatement of the year) at debunking those claims, but the fact is that part of that debunking involved searching kernel mailing list archives from 1992 etc. Not much fun.

    Unlike early post BSDi development of the "free" BSD's, almost all of the Linux kernel development took place in the open and over the internet.

    In comparison Microsoft has "lost" the source to MSDOS and "deleted" CEOs email from it's servers. There is NO real public provenance to the source code to most of Microsoft's products. If this is, like the threat from patents is an issue then Linux is in a better postion than its competitors in the market.

  61. Grokline's UNIX Ownership History Project by Anonymous Coward · · Score: 0

    www.grokline.net just launched!

    1. Re:Grokline's UNIX Ownership History Project by xyote · · Score: 1

      Great! Now us mainframe old timers can go and document everything that was invented on mainframes first. Or that everything was invented on mainframes first. Same difference. :)

  62. I read the headline as... by Kozar_The_Malignant · · Score: 1

    Unisex President, and began to wonder if someone had taken the knife to W or we had elected Michael Jackson. Gad, some Mondays it's hardly worth chewing through the straps to get out of bed.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
  63. Need To Show No One Previously Owned The Code by reallocate · · Score: 2, Informative

    His point is that you need to be able to document that no one else owned the code before it was merged into the kernel. If someone did own it, you need to document that they legally passed rights to the code to your project.

    What the GPL says is not pertinent to that issue. Put the SCO hysteria aside momentarily. This guy is speaking from his own experience in a very similar environment: When someone gets a lawyer and says they owned some of the code in your project, you'd better come up with documentation that proves them wrong. If you can't, it is your word against theirs.

    --
    -- Slashdot: When Public Access TV Says "No"
  64. Groklaw is asking for help with this by walterbyrd · · Score: 1

    Just in case there are any UNIX/Linux history experts here.

  65. Innocent until proven guilty, that old thing! by nagora · · Score: 1
    You think the code's stolen, you prove it.

    SCO couldn't and they spent a lot of Bill's money trying to convince people that they could.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  66. Linus is on the ball already. by EvilGrin666 · · Score: 1

    Anyone who doesn't follow the LKML should probably read this.

  67. Sigh. by Thomas+Shaddack · · Score: 1

    Isn't life too short to waste time with petty bureaucracy?
    Or do you people just want it to *feel* longer?

  68. Re:The only problem with that quote is... its enti by imp · · Score: 4, Informative

    In theory, you need a CVS diff list at least. However, unless the commit comments are linked to a meaningful entry somewhere that shows where a change come from, you will have problems. It doesn't matter whether you use CVS or BK, you still need underlying mechanisms. One issue with Linux, is that it has a lot more contributors than *BSD, which tends to make things more complicated.

    cvs annotate is an excellent first start to see where code came into the tree. Other tools allow one to see where the code really came from in the face of formatting changes and the like.

    Like I've said in prior posts, having this information is invaluable. It also allows one to more easily back out changes that might be tainted, reguardless of where they come from, since you know all the parts to that change, which is impossible with the changelog data. In this respect, bk is better than cvs since bk's change mechanism links multiple files that have changed, while CVS does not.

    In the commercial world, you have change numbers which link to a documentation trail which shows who implemented something and why and who approved it. Linus is trying at least to improve the code provenance by looking at a certification chain between the patch generator, the maintainer and eventually Linus as release manager. Unfortunately, it still looks like a hunt through LKML for the documentation as you suggest.

    You *MAY* have this, or you may not. There are many shops that don't have this level of beaurocracy. However, I've never worked for any place that has had this independent of an underlying source code control system (and many places that didn't have source code control systems, let alone change numbers).


    The issue can be further complicated if there's been a cross fertilization between projects for things like device drivers. Project A figures out how to do feature Z and project B integrates it. B then figures out Y and project A integrates that. Project C takes code from a data sheet and includes that under license X and Project A then takes it and incldues it under license Y and then Project B wants to bring it it, but is unsure if they can because they see substantially similar code under both X and Y licenses, not being aware of the common datasheet code example being present and gets confused. In situations like this, a clear SCM trail can help sort out who to talk to and how to resolve what might appear to be something bad.


    I've seen many organic patches/drivers grow up over the years in linux that are litterally impossible to track down who wrote what originally. Some have email addresses, some do not, some have had them removed, some email addresses are stale, etc. In such a chaotic enviornment, it can be difficult to know where code came from. There are many strengths to this model, but code history isn't one of them.

    Warner

  69. Eben Moglen talked about this. by jbn-o · · Score: 1

    With their typical prescience, the FSF discussed this issue. Read the transcript of Eben Moglen's talk or listen to the talk and you'll find this segment about one hour into the talk (during the Q&A section):

    One of the legal consequences of the SCO affair is that people are going to start to pay closer attention all the time to how free software products are put together. They are going to discover that what really matters is how you deal with the questions of, for example, possible lurking work-for-hire claims against free software. They're going to discover that in this respect, too, Mr. Stallman was quite prescient, because they are going to recognize that the way they want their free software put together is the way the Free Software Foundation put it together since now more than twenty years. The way we're going, they're going to discover that they really would like to have it, is for each individual contribution of code to a free software project, if the guy who contributed the code was working in the industry, they would really like to have a work-for-hire disclaimer from the guy's employer, executed at the same time that the contribution was made. And the filing cabinets at the Free Software Foundation are going to look to them like an oasis in a desert of possible problems. We saw that problem coming. We have tried in our act as stewards over a large part of the free software in the world to deal with it. People are going to want to have that up front for everything that they can possibly, and they're going to be much more reluctant to rely on software that wasn't assembled in those ways.

    If you are thinking about working in the law of free software, and gosh, I hope you are, one of the things you might want to be thinking about working on is the software conservation trusts that are going to be growing up around this economy in the next five years. I'll help you make one, or you can come to work in one of mine. We're going to need to spend a lot of time doing work which is associated with trustees. We're going to be spending a lot of time making sure that things are put together and they are built well. And we are going to be doing that on behalf of a third-party insurance industry which is going to be growing up, is growing up before our very eyes now, which is learning that it really cares how the free software is assembled.

    Sage words when one's software's source code history is being questioned.

  70. Re:The only problem with that quote is... its enti by hughk · · Score: 1

    This is something like the new system that is being discussed on LKML at the moment. Effectively contributors must sign to the effect that they have rights over the code they have written and are able to donate it to a GPL project.

    --
    See my journal, I write things there
  71. dyslexia kicking in by Dekortage · · Score: 1

    Every time I see "Usenix", I think it says "Unisex"... that can't be good.

    *sigh*

    --
    $nice = $webHosting + $domainNames + $sslCerts
  72. Re:The only problem with that quote is... its enti by hughk · · Score: 1
    I would agree with you but luckily most places I ahve worked have attempted some form of central change control tracking bureaucracy. It may have CVS underneath, it may have something totally different.

    Yes, I'm aware of the problem of 'organic code', something that was based on something from another OS that was cribbed out of a databook. However, when a change is moved from one project to another, you can still trace back by cross referencing the change that you based it on and only importing it if you know where it came from.

    The real problem is device black magic. That is where, for example, you have to follow a particular sequence of instructions to get something done. Does that have to be individually tracked? Well if some idiot called Darl comes along later and says that they have the identical sequence in the same driver in their propietary Unix. The question is whether anyone could come up with independent code doesn't hack it in front of a member of the legal profession. Youz had better have a good place like the datasheet for the original reference. Interesting problem as to how that pans out when a question comes up ficve years later.

    --
    See my journal, I write things there