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Linus Puts Kibosh On Banning Binary Kernel Modules

microbee writes "On LKML's periodic GPL vs. binary kernel module discussion, Andrew Morton hinted that he favors refusing to load binary modules in 12 months. Greg Kroah-Hartman then posted a patch to do exactly that. Surprisingly Linus chimed in and called it 'stupid' and a 'political agenda,' and even compared it with the RIAA's tactics. Later in the same thread Greg withdrew his patch and apologized for not having thought it through."

114 of 494 comments (clear)

  1. Quote from the patch withdrawl by Anonymous Coward · · Score: 5, Funny

    "I'm so sorry Mr. Linus! Please forgive me! I was a bad wittle boy."

    1. Re:Quote from the patch withdrawl by grahamlee · · Score: 2, Funny

      That's exactly what I thought, too. Andrew Morton says "we should do blah". Weenie says "Huzzah! For I have done blah!" Linus Torvalds says "doing blah is stupid". Weenie says "I never did blah! Or at least, I didn't really mean it."

  2. LKML could be a soap opera by suso · · Score: 5, Funny

    This week on LKML 24. Andrew and Linus get into it over politics, while Greg watches from the closet. Watch it Friday at 8, 7 central, 6 a mountain.

    1. Re:LKML could be a soap opera by araemo · · Score: 4, Insightful

      Actually, (And in contrast to the majority of LKML spats that get posted here), Linus' post is actually rather accurate, and I agree with his reasoning. I don't want the RIAA being able to prevent all fair use just because some people make 'un-fair use'. I don't want to prevent other people from doing the same things with my works or I am being hypocritical. (Just to use one example, I realize kernel binary modules have nothing to do with fair use, and everything to do with derived works.)

    2. Re:LKML could be a soap opera by shawngarringer · · Score: 2, Funny

      Did he ask what he had to do to get it included, kill someone?

      Bad joke, bad joke I know...

  3. And of course Linus is right... by Duds · · Score: 5, Insightful

    Seriously, there should be no "bans" of any code from Linux. That defeats the entire point. Banning people from loading their own kernal modules because YOU think there may be some weird legal issue is exactly the same as making your media player play only DRM files.

    This should be a short topic, Linus' reply (which if you haven't read you should) should finish the entire conversation right here, it's a stupid and petty toys out of the pram act and I'm glad he shot it down.

    Hopefully if it somehow does make it into the trunk, there will be very quickly versions with it removed releases as we go forward too because I don't think the wider community will have any truck with this at all.

    1. Re:And of course Linus is right... by damiangerous · · Score: 4, Informative
      Currently there are only few closed source drivers in Linux, so the system is working pretty well.

      If that were the case this patch wouldn't have been submitted. If you read the withdrawal email you'll see that there are "hundreds".

      [side diversion, it's not the video drivers that really matter here everyone, those are just so obvious. It's the hundreds of other blatantly infringing binary kernel modules out there that really matter. The ones that control filesystems, cluster interconnects, disk arrays, media codecs, and a whole host of custom hardware. That's the real problem that Linux faces now and will only get worse in the future. It's not two stupid little video drivers, I could honestly care less about them...]

      You as an end user just don't see them because they're all specialized for certain tasks or equipment. Most people just see the video drivers.

      Hopefully nvidia will also publish open source drivers.

      Not going to happen. NVidia and ATi have stated they couldn't open up the drivers if they wanted to. There's just too much licensed IP they don't have the rights to open.

    2. Re:And of course Linus is right... by JPrice · · Score: 5, Insightful

      Having the source code available is definitely an advantage. However, one of the other strengths of Linux is the amount of freedom that you have in how you use it. It seems a little hypocritical for members of the Linux community to criticize Microsoft (and, as Linux points out, the RIAA) for imposing restrictions on how you can use their software/content while imposing similar restrictions themselves. It doesn't matter that one group's motive is profit and another is some lofty political ideal... the end result is the same thing.

      Banning binary kernel modules also has the potential for being the start of a slippery slope... if you're going to say that binary kernel modules aren't allowed, why not extend that to any piece of software that isn't open source? Maybe that would cause some people to open-source their software; I'd argue that it would also cause a lot of people to stop producing software for Linux altogether.

      If you want Linux to be a paragon of open source virtues, banning binary modules is an excellent plan. If you want Linux to remain relevant in the real world, not so much.

    3. Re:And of course Linus is right... by Daniel+Phillips · · Score: 2, Insightful

      Can anyone thing of an instance where he took a blatantly stupid position on something?

      Bitkeeper. Linus is capable of the occasional misstep just like any mere mortal.

      --
      Have you got your LWN subscription yet?
    4. Re:And of course Linus is right... by NemosomeN · · Score: 3, Insightful

      If I remember right, the only reason it didn't work was because people got pissed off because of it. It was a bad idea not based on its merits, but based on the ideological stubbornness to accept something that is proprietary, no matter if it is better or not. You're talking about a group that would have rather used the US Postal Service to distribute/merge/collaborate on source code than Bitkeeper. If you want to go play pool, and all of your friends want to stay home, does that mean you had a bad idea? No, your friends just suck.

      --
      I hate grammar Nazi's.
    5. Re:And of course Linus is right... by mlk · · Score: 2, Informative
      --
      Wow, I should not post when knackered.
    6. Re:And of course Linus is right... by drsquare · · Score: 2, Informative

      The problem is you're assuming everyone uses Linux because it's open source. I use it because it's free and I prefer using it to Windows, I couldn't give a damn whether it's open source or closed source written by Satan himself.

    7. Re:And of course Linus is right... by Total_Wimp · · Score: 2, Interesting

      So I'm a little hazy on this one. If proprietary hardware vendors release proprietary drivers, what exactly is the harm? Sure, it would be nice to have them GPLed so they can be extended, or even trimmed down, but it's not like you're going to need the driver if you don't have the hardware. In the case that the hardware vendor is slow to make Linux drivers, or just decides to not make them at all, the community has created drivers of their own.

      Seriously, this is more a question that a statement. What is the harm to Linux? Whenever I build a Windows machine I find that some drivers are available in the OS due to Microsoft's contracts with hardware vendors, Microsoft has made many of it's own drivers, and some of the drivers must be hand loaded. I'm not sure I understand the problem with this being workable on Linux.

      I understand that it would be difficult to keep up with all these vendors, but that doesn't neccessarily mean we have the right to make them open their proprietary code. Open Source has always been about the community doing for itself what proprietary software vendors wouldn't. I'm not sure I got the memo where we decided that it was about forcing others to not be proprietary. The one is giving, where the other is taking. I feel better about giving.

      TW

    8. Re:And of course Linus is right... by damiangerous · · Score: 3, Informative
      So I'm a little hazy on this one. If proprietary hardware vendors release proprietary drivers, what exactly is the harm?

      There isn't any, as long as they're not derivative. When Greg withdrew his patch he said he was driven by the hundreds of other closed source modules that are closed despite being GPL-derived. Forcing all modules open would help put a stop to that. Linus pointed out that it would force open perfectly legal modules as well, and he wasn't going to be put in the position of forcing his ideology on someone else, equating it to a form of DRM. His point was that if they wanted people to respect the GPL they needed to respect license choices of other peoples' non-derived code.

    9. Re:And of course Linus is right... by kimvette · · Score: 3, Insightful
      Not going to happen. NVidia and ATi have stated they couldn't open up the drivers if they wanted to. There's just too much licensed IP they don't have the rights to open.


      Bullshit. They can yank out third-party routines and instead document EVERY register that is exposed to the bus. What possible "IP" can be "violated" by documenting that placing falue (n) through (n+255) in $foo register does $bar? Absolutely none. It does not reveal any optimizations in that third-party routine, and does not expose the chip mask to the layperson, e.g., anyone not possessing the equipment necessary to disassemble a chip without damage, not possessing an electron microsocope, and not possessing the skills to reverse engineer it even if they could get to the point where they can take those pictures.
      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    10. Re:And of course Linus is right... by Ruie · · Score: 4, Insightful
      Not going to happen. NVidia and ATi have stated they couldn't open up the drivers if they wanted to. There's just too much licensed IP they don't have the rights to open.

      They lie. Or pretext - or whatever current euphemism is.

      The fact of the matter is that all they had to do is release register specs and the drivers would have been written, be more stable and provide fertile ground for experimentation with desktop technologies.

      The latest ATI cards do not even work in 2d - probably because someone decided that hoarding "IP" is useful before AMD merger.

    11. Re:And of course Linus is right... by Total_Wimp · · Score: 3, Insightful

      Understood. Haven't we gotten the EFF to sue people who illegally put GPLed software into their proprietary software? I'm all for that. I think it's funny that people who want to keep their own stuff from gettnig stolen have no problem with stealing the work of others. But it's not ha ha funny.

      TW

    12. Re:And of course Linus is right... by kimvette · · Score: 2, Interesting

      The harm is this:

      Say you buy an ATI Radeon 917183712. You install the proprietary drivers in x.org 11.92, and they run fine. Then, the Radeon 32648956125 comes out, and new "unified" drivers are released. Only thing wrong: the Radeon 917183712 is still on the market and is still actively distributed, and will remain so for the forseeable future in embedded chipsets (servers and laptops), however, ATI elects to drop support for the Radeon 917183712 in the driver to encourage (force upgrades) to the brand-new Radeon 32648956125 if you want to run x.org 12.78

      OK so the model and version numbers in the above are insane, but this is EXACTLY what ATI has done time and again. They drop support for product which is STILL IN THE CHANNEL (let alone not even obsolete) in their drivers. If the drivers were open source, this would not be an issue and you can run x.org 7.0, 7.1, or 15.0 regardless of whether or not ATI bothers to update it, because the x.org team will keep the famework around the driver updated.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    13. Re:And of course Linus is right... by Andy+Dodd · · Score: 3, Informative

      S3 Texture Compression (S3TC) - The initial cause of ATI going closed-source with their drivers after a long track record of being (nearly) fully open source.

      I'm sure there are plenty of other examples, but S3TC (the reason Unreal Tournament 2003 only ran with NVidia cards with the NV binary drivers until ATI released their first binary drivers) is the first well-known example.

      Implementing S3TC goes WAY beyond documenting a few registers. Modern video drivers do far more than you realize, they aren't just some low-level glue.

      Speaking of low-level glue, most if not all of the NVidia kernel module is in this category and source is available, but it's useless without the (non-kernel) userspace X11 driver.

      --
      retrorocket.o not found, launch anyway?
    14. Re:And of course Linus is right... by DispassionateObserve · · Score: 2, Interesting

      Not going to happen. NVidia and ATi have stated they couldn't open up the drivers if they wanted to. There's just too much licensed IP they don't have the rights to open. We don't have to wait for decent graphics drivers any more! Intel has open drivers!

      Buy a desktop with integrated Intel graphics, slap in an "ADD2" card for DVI LCDs, and you have a fully open-source graphics system.

      It works well for me - maybe not cutting edge video performance, but its not bad - way better than vesa or ati or nv open drivers.

      - Mike
    15. Re:And of course Linus is right... by TheRaven64 · · Score: 3, Informative

      So I'm a little hazy on this one. If proprietary hardware vendors release proprietary drivers, what exactly is the harm? Do you use a graphics card? Do you use a graphics card in a corporate environment? Here's an example of what could happen:

      The closed driver has a security hole in it, which can be exploited remotely (e.g. by viewing a web page) and gives the attacker the ability to exploit code. If you want a fix, you have to update to the newest version of the driver. There's a catch though; the newest version doesn't support some older cards. If you want those older machines to not be vulnerable to infection just from viewing a web page, you need to upgrade their graphics cards as well.

      Sounds unlikely? Well, that's exactly what happened to users of nVidia hardware. If the driver had been Free, then any users that cared enough could have back-ported the fix, or paid someone else to do so. The biggest problem with closed drivers is that, once a newer version of the hardware is released, it is in the manufacturer's interest to 'encourage' you, the user, to upgrade.

      --
      I am TheRaven on Soylent News
    16. Re:And of course Linus is right... by Mr.+Underbridge · · Score: 2, Insightful

      There is a huge advantage when everything is open source, because then anyone can fix anything if found broken. The point of the ban is to motivate people to submit open source drivers. If the system is not open source, you could as well call it Microsoft Windows and hey, that already exists. So if you prefer closed source drivers, then by all means, use Windows. Currently there are only few closed source drivers in Linux, so the system is working pretty well. Hopefully nvidia will also publish open source drivers.

      That's a great ideal, but if Linux wants to be taken seriously, and used by people who don't live in their parents' basements, it has to also interact with the closed-source world. Part of that is using modules created by companies who don't give a shit about OSS, but want to support its customers. We want to encourage this. Perhaps later, when they realize that OSS == free drivers, they'll wise up. It's best not to push them away.

      Or, alternatively, as a user of Linux I don't feel like being held hostage to politics. Don't tell me "Sorry, your video card won't work because we're trying to strongarm NVidia into doing things our way." That's something that would push me over to FreeBSD rather quickly. I'm sick enough of the damned flamewar between Linus and Schilling that forced me to burn CDs as root for a few minor kernel versions, just because someone decided to try and prove a point.

    17. Re:And of course Linus is right... by squiggleslash · · Score: 2, Interesting

      But Linus has spoken out in favour of DRM.

      So, let's see: Torvalds is opposed to DRM unless it's actually restricting what you can do with your data. When it's not actually DRM at all, but a means to ensure your operating stays open, modifiable, and auditable, then it's evil.

      This is yet again why Linux needs to be forked.

      --
      You are not alone. This is not normal. None of this is normal.
    18. Re:And of course Linus is right... by Achromatic1978 · · Score: 2, Insightful
      when everything is open source, because then anyone can fix anything if found broken

      Especially when refering to something as complex as the Linux kernel, I think you mistyped a very limited subset of experience low level C programmers as "anyone". Simple mistake, I could see how you might do it.

    19. Re:And of course Linus is right... by IamTheRealMike · · Score: 4, Interesting

      I'm afraid the days of drivers being programs that tweaked registers is long gone, my friend. Some of them include advanced optimizing compilers. There's a reason the nvidia driver is nearly the same size as the kernel itself - it's an extremely complex piece of code, with many clever things being done in software.

    20. Re:And of course Linus is right... by IamTheRealMike · · Score: 2, Insightful

      A register spec that says "Write the location of a compiled vertex shader to REGISTER_1234" is pretty useless, in my opinion. What does that block of memory contain? How do you create one yourself? This is where the going gets tough.

  4. Backpatching by Spazmania · · Score: 4, Insightful

    Besides, what's to stop anyone from back-patching the kernel so that it does accept binary module loads? Freedom to change it; that's the GPL. Or did you think Red Hat and Novell wouldn't remove that particular feature?

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:Backpatching by a.d.trick · · Score: 3, Interesting

      The point is the message that this brings across. At the moment people are pretty lax about binary dirvers. A ban on them in the vanilla kernel will go a long way in telling the driver vendors to make their specs free or get out of Linux land. Free drivers would be awesome, but I don't know if Linux is strong enough to actually influence the vendors at this point so we might end up with nothing. Plus, implementing this at the code level seems like the wrong place to be doing it. As Linus said, the license ought to control the distribution not the usage.

  5. Not surprising at all by bconway · · Score: 4, Informative

    I'm not sure what kernel list the poster has been reading. Linus is a pragmatist. He has constantly favored using the best tool for the job over religious fanaticism. There's no surprise here.

    --
    Interested in open source engine management for your Subaru?
    1. Re:Not surprising at all by Just+Some+Guy · · Score: 2, Insightful
      Linus is a pragmatist. He has constantly favored using the best tool for the job over religious fanaticism.

      From another perspective, Linus's algorithm for deciding pragmatism is based on a greedy algorithm - it always spits out answers that look reasonable in the short term. He may be an excellent programmer and good project leader, but he seems to lack a sense of perspective.

      He has said many times that he has no interest in software politics. Unfortunately for him, software politics has a terrific interest in him. He ignores it at his own peril.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:Not surprising at all by halivar · · Score: 4, Interesting

      From another perspective, Linus's algorithm for deciding pragmatism is based on a greedy algorithm - it always spits out answers that look reasonable in the short term. He may be an excellent programmer and good project leader, but he seems to lack a sense of perspective.

      Well, FSF's sense of "long-term" perspective has given them HURD. Linus's "lack" of perspective gives me Working Software Right Now(tm). In the end, that's all businesses really care about.

  6. distro vs core by Speare · · Score: 4, Insightful

    This shouldn't be a part of the core kernel code. However, the companies providing commercial support may, of course, include such a restriction in their kernels. This would just be a step further from "we don't support your kernel if it is flagged as tainted." The user can remove them if they want, with the same consequences as removing those foil "WARRANTY VOID" stickers hiding the screw holes on electronics devices.

    --
    [ .sig file not found ]
  7. Linus was wrong on one point by MarkusQ · · Score: 4, Insightful

    Linus was wrong on one point:

    Oh, well. I realize nobody is likely going to listen to me, and everybody has their opinion set in stone.

    In fact, I had never understood his point until reading that post. As he points out, it clearly is hypocritical to object to the RIAA tactics (which I do) on the one hand and then propose using exactly the same sort of technological barriers to fair use on the other. If people object to binary only drivers, the sollution is for those people to refuse to use them, not for them to try to game the system to prevent other people from using them.

    --MarkusQ

    1. Re:Linus was wrong on one point by walt-sjc · · Score: 4, Informative

      I think he was wrong at simply /I realize nobody is likely going to listen to me/

      I think he was referring to the RMS crowd, who won't.

    2. Re:Linus was wrong on one point by Shakrai · · Score: 5, Funny

      I think he was referring to the RMS crowd, who won't.

      You mean the GNU/Linux crowd, right?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  8. Linus have a right to his opinion by GauteL · · Score: 4, Insightful

    But the fact is that there is a large number of copyright holders for the Linux kernel, not just Linus himself. Not all of these copyright holders accept binary kernel modules, and thus they should be considered illegal to distribute with the kernel.

    However, refusing users to shimmy in a binary module themselves is wrong. The GPL clearly states that it only covers distribution, not usage, so users are perfectly entitled to do whatever they want to the kernel as long as they do not distribute it. Adding a check to refuse loading of binary modules would only lead to a fork of the kernel, which is unproductive and unhelpful.

    If a binary kernel module contains absolutely no code from the Linux kernel in the form of headers or anything like that, the FSF would have a hard time claiming it is derivative work, thus it should be perfectly legal to distribute. The GPL may say otherwise, but this may be an over extension of the powers of a copyright holder.

    1. Re:Linus have a right to his opinion by rkcallaghan · · Score: 3, Informative
      GauteL wrote:
      But the fact is that there is a large number of copyright holders for the Linux kernel, not just Linus himself. Not all of these copyright holders accept binary kernel modules, and thus they should be considered illegal to distribute with the kernel.
      The kernel accepts binary modules by design and default. Even if the "other copyright holders to the Linux kernel" mattered in this case (they don't, see below); they submitted their code and efforts in agreement with things as they stood then, not some potential future version that Morton might want to make. So you're wrong on that point, despite any arguments they might make or political positions they might support, when the chips were down they did support kernel modules and there is no reason at all they should be illegal.

      Further, a large majority of said other copyright holders wouldn't matter if they wanted to. A contributor might have given something great and valuable to the linux kernel. Unless they're the maintainer of the portion that actually handles loading modules, too bad so sad. If I'm not mistaken that's Torvalds and Morton. Everyone else, no matter how great their bluetooth subsystem is, can no more demand linux "make binary modules illegal" than you could of Microsoft.

      ~Rebecca
    2. Re:Linus have a right to his opinion by mogorman · · Score: 2, Insightful

      >However, refusing users to shimmy in a binary module themselves is wrong. The GPL clearly states that it only covers distribution, not usage, so users are perfectly entitled to do whatever they want to the kernel as long as they do not distribute it. Adding a check to refuse loading of binary modules would only lead to a fork of the kernel, which is unproductive and unhelpful. I think some very friendly people over at the fsf would care to disagree with you ^_^. The GPL is primarily a license covering distribution, but if you go read the license it also covers modification, so when you add your propitiatory module into the code you have violated section 2. http://www.gnu.org/licenses/gpl-faq.html#LinkingWi thGPL The problem is Linus has been so lax on this that it is so rampant in the linux kernel it seems like the norm.

  9. Linus is sort of an anomaly by Scarblac · · Score: 5, Insightful

    This is the strange effect brought on by the following situation:

    • The GPL is the tool of a political movement, using it is a political statement
    • Linux is one of the big poster childs of this movement
    • The actual author of Linux doesn't really care about any of this
    --
    I believe posters are recognized by their sig. So I made one.
    1. Re:Linus is sort of an anomaly by kebes · · Score: 5, Insightful

      Very often people characterize Linus as 'not caring about the politics' or 'being a pragmatism not an idealist.' Yet if you read his post you see that he's very much thinking about rights and freedoms. He very much does care about the freedom issue. His stance just happens to be a bit different than others (RMS for instance).

      Frequently I do not agree with Linus on issues, because his general view is to avoid meddling with things until absolutely necessary (whereas RMS, for instance, tries to think as far down the road as possible). However in this particular case Linus is dead right: putting code into the kernel for non-technical reasons, purely to limit the *end user* and specifically limit what they can do with their computer is very much "anti-computer-freedom" and should never be done.

      So Linus is effectively saying "if we do this we limit the freedom of the end user, just like the RIAA is doing with DRM..." and he is quite right.

  10. That's the problem with "free" by 91degrees · · Score: 4, Insightful

    You have to choose exactly what level of free you want.

    The GPL has clauses in it that seek to prevent people from making it non-free. That's fair enough, but it's a compromise. You could make the licence more free by removing these clauses. That would enable others to limit your freedom. Linus seems to tend towards offering more freedom to make Linux less free.

    But does a no-binaries patch matter? Those who want to add binary-only modules are free to customise the kernel to allow this. I hope this patch remains available. choice is good.

  11. BSD by javilon · · Score: 2, Insightful

    The way Linus talks, I think he would be happier with a BSD license than with the GPL.

    --


    When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
    1. Re:BSD by kebes · · Score: 3, Interesting
      No, Linus very much agrees with the "quid pro quo" of the GPL. He believes that if you take his code and extend it, you should have to contribute back. He believes in sharing (even if he's not as concerned as RMS is about fundamental freedom). In the linked post Linus says:

      "If people take our code, they'd better behave according to our rules. But we shouldn't have to behave according to the RIAA rules just because we _listen_ to their music. Similarly, nobody should be forced to behave according to our rules just because they _use_ our system."
      Clearly Linus does like the GPL restricting those who would distribute code (whereas BSD causes no restrictions). The point Linus is trying to make is that we have to distinguish between limitations to distribution and limitations to the end user. The proposed patch would mostly have limited the end-user (making it annoying for them to run binary modules). Linus is saying that we shouldn't try to limit the freedom of the end-user with technical restrictions. But (as quoted above) he clearly does like the fact that the GPL forces people who "take the code" to "behave according to the rules."

      Hence Linus would not be happy with a BSD license.
    2. Re:BSD by molarmass192 · · Score: 2, Interesting

      I disagree, Linus does care about derived works. Much as I admire the altruistic nature of the BSD license, it offers absolutely no protection from derived works. What Linus doesn't care for is imposing the derived work status on non-derived works. To put this in perspective, if Linux is a DVD player, Linus says you have to show any bits you change in the DVD player code, but he's not going to force you to show the bits on the DVDs you play. Personally, I think the BSD license is not a good choice for platform type code, it's too tempting to create an incompatible closed source fork as a competitive advantage. However, I think it's great for application type code, where you don't have this scenario of having rely on potentially closed-source BSD fork to run some software.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    3. Re:BSD by xouumalperxe · · Score: 2, Interesting

      I don't think so. He seems very vocal about the "not imposing limitations to usage" side, but the part where if you use his code you have to share yours seems to be important. I'd sum it up as saying: Linus is happy with the GPL v2 license rather than the GPL v3 one.

  12. Look at it from the dev's POV by i_should_be_working · · Score: 5, Informative

    Before people start bashing those who proposed this, think of the devs who put so much of their time and effort into getting us Linux. And note that the proposal arose from a technical issue, not from a 'everything must be Free' stance. From the last thread /. links to, part of Greg's retraction:

    It's just that I'm so damn tired of this whole thing. I'm tired of
    people thinking they have a right to violate my copyright all the time.
    I'm tired of people and companies somehow treating our license in ways
    that are blatantly wrong and feeling fine about it. Because we are a
    loose band of a lot of individuals, and not a company or legal entity,
    it seems to give companies the chutzpah to feel that they can get away
    with violating our license.

    So when someone like Andrew gives me the opportunity to put a stop to
    all of the crap that I have to put up with each and every day with a
    tiny 2 line patch, I jumped in and took it. I need to sit back and
    remember to see the bigger picture some times, so I apologize to
    everyone here.

    And yes, it is crap that I deal with every day due to the lovely grey
    area that is Linux kernel module licensing these days. I have customers
    that demand we support them despite them mixing three and more different
    closed source kernel modules at once and getting upset that I have no
    way to help them out. I have loony video tweakers that hand edit kernel
    oopses to try to hide the fact that they are using a binary module
    bigger than the sum of the whole kernel and demand that our group fix
    their suspend/resume issue for them. I see executives who say one thing
    to the community and then turn around and overrule them just because
    someone made a horrible purchasing decision on the brand of laptop wifi
    card that they purchased. I see lawyers who have their hands tied by
    attorney-client rules and can not speak out in public for how they
    really feel about licenses and how to interpret them.

    Please think of the coders, and the shit they have to put up with while making your free operating system the next time you start clamoring for these closed source binary blobs.

    1. Re:Look at it from the dev's POV by Otter · · Score: 2, Interesting
      I'm tired of people thinking they have a right to violate my copyright all the time. I'm tired of people and companies somehow treating our license in ways that are blatantly wrong and feeling fine about it. Because we are a loose band of a lot of individuals, and not a company or legal entity, it seems to give companies the chutzpah to feel that they can get away with violating our license.

      I don't understand -- if he sincerely thinks there are genuine violations of his copyright, he can get a lawyer and do something about it. It's not like there's any shortage of legal representaion available to a linux kernel developer. Locking out all binary modules hardly seems like an appropriate solution.

    2. Re:Look at it from the dev's POV by russotto · · Score: 2, Insightful

      Probably because there aren't any actual copyright violations. The theory that a binary kernel module loaded into a GPL kernel is a copyright violation depends on one of two things

      1a) Loading the kernel module into the kernel creates a derivative work of "kernel plus module" and
      1b) The act of creating that derivative work requires that the module in question be placed under the GPL.

      or

      2) Using kernel interfaces makes the module itself a derivative work of the kernel.

      1b) is simply wrong; the GPL allows non-GPL derivative works which aren't distributed or published. Either 2) or 1a) (or both) might be accepted by a court, but they'd be an absolute disaster if they were. If 2) were accepted, then by the same taken, any software written for Windows would be considered a derivative work of Windows (and subject to Microsoft's terms and conditions). If 1a) were accepted, then Microsoft would have the legal right to dictate which programs (or drivers, if you really think kernel versus userspace makes a difference) a user runs on his Windows system. Neither of those is something anyone who supports free software should want, support, or rely on as a basis for copyright violation claims.

    3. Re:Look at it from the dev's POV by gbjbaanb · · Score: 2, Informative

      I thought the problem was that in order to build a driver, you have to use the C headers to get the data structures and other API code, so all binary drivers are technically licenced with the GPL and should be open sourced.

      If this is the case (and I'm not 100% sure I'm right here) then I think the linux licence needs these 'APIs' to be released differently.

  13. *Distribution* license by quarrel · · Score: 4, Insightful

    The bottom line here, that Linus and so many other often ignored people are pushing, is that the GPL, and all other *copy*right licenses, are only licenses that effects distribution.

    Putting artificial measures into the Linux kernel that affect users of Linux, even when they're building their own kernels is BAD. Technology rules, ok?

    Even RMS would recognise that the GPL is about freedom to do WTF you want with it once you've got it, but if you want to offer it to others, you damn well better give them those same freedoms.

    Unfortunately, as any longtime /. reader knows, almost any license discussion degenerates into the idiots that think being GPL means you CAN'T do what you want. As Linus so well pointed out, the RIAA sux, why do we have to?

    --Q

  14. They have a point, but.... by Lumpy · · Score: 5, Interesting

    I understand why those that want to ban binary only modules. It causes hell for everyone on the kernel dev team.

    But.... banning them instantly pisses off every single company that is barely putting out a hardware driver for Linux already (nvidia for example) A ban will not make these people go "oh,ok... we'll release the source code." they will simply flip off all Linux users and tell them to pound sand.

    --
    Do not look at laser with remaining good eye.
    1. Re:They have a point, but.... by LWATCDR · · Score: 2, Insightful

      So what you are saying is that banning binary only modules would.
      1. Cause grief for the people that use Linux.
      2. Reduce hardware support.
      3. Provide no real benefit because companies will then just choose to ignore Linux.

      I don't think that you see the big picture. It is about freedom and we must enforce our view of what freedom is on those that are not as enlightened as ourselves! We must educate the masses that these short term setback will not stop our glorious revolution!

      Yea you and Linus are right. Frankly I would like to see a stable binary driver interface as an option as well as a user space driver interface.
      Even with a pure FOSS driver it would be nice to not have to worry about recompiling the driver for a kernel upgrade. It would be really nice if hardware manufactures could include a binary driver on a CD for Linux that would just work.
      The idea preventing users from doing things you don't agree with with software is DRM. Not letting users choose to load a binary only module is no different than preventing a user from putting music from a CD they bought on to their computer.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  15. Oh irony by Improv · · Score: 3, Informative

    "Let's put it this way: if you need to ask a lawyer whether
    what you do is "right" or not, you are morally corrupt.
    Let's not go there. We don't base our morality on law."
            -- Linus Torvalds

    Apparently our morality is simple pragmatism?

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
    1. Re:Oh irony by operagost · · Score: 3, Insightful

      Morality is not based on law, but perhaps law should be based on morality.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  16. Exactly by rastilin · · Score: 5, Interesting

    I'm already in a situation where most distributions don't even install because the nv drivers they try to load at default won't work on my Geforce 6800. Even the latest vesa drivers seem unbearably slow. If this patch got into the tree, I'd switch to windows the exact same day.

    --
    How do you kill that which has no life?
    1. Re:Exactly by morgan_greywolf · · Score: 2, Insightful

      If that's the case, I think I'll stick with my GeForce 5500...

    2. Re:Exactly by diegocgteleline.es · · Score: 4, Insightful

      Certainly you're not one of the brave hackers that didn't stop developing linux in the early days despite of the severe lack of drivers.

      These days you can boot linux anywhere. But you know, there was a time (not that far ago) when Linux (and BSDs) didn't support almost anything. Those people really believed in open source, and they didn't mind spending many hours of their life reverse-engineering obscure hardware. They also didn't mind selling their incompatible hardware and buying linux-compatible hardware in order to run their wonderful open source OS.

      And you plan to to switch windows if the linux developers plan to ban propietary modules. You aren't switching your graphics card and buying a linux-compatible one (something you can fix with money). You just plan to switch windows.

      We're lucky that the early open source hackers weren't like you - if they had switched to windows every time they found a barrier we wouldn't have open source operative systems today. Linux has got big without the help of propietary drivers and despite of the ridiculous hardware support and the one way of getting even bigger is following the same path. We don't need propietary drivers, fuck them.

    3. Re:Exactly by TheRaven64 · · Score: 2, Insightful
      Why do you want to use Linux instead of Windows? If you are going to run closed, proprietary, unaudited code in ring 0, what benefits do you think you are going to get from running a Free/Open OS?

      I'm sorry if this sounds like a troll, but it's a serious question. If you install X.org / Cygwin, then you can pretty much run the same software on Windows that you would on Linux, so do you gain from running Linux? Worse driver support?

      --
      I am TheRaven on Soylent News
    4. Re:Exactly by i7dude · · Score: 2, Interesting

      you've taken his statement and reversed it.

      but in this case, he's not upset that there is a lack of hardware to run on his linux box. he's saying that he'd be upset if the kernel maintainers prevented him from using hardware that does run on linux.

      why the hell should he have to try and find hardware that runs on linux when the hardware he presently owns already does run...just not if they merge said patch into the tree.

      for him, switching from linux to windows is not a statement about what hardware run on his box...its about what hardware his box would allow him to run.

      dude.

    5. Re:Exactly by ivan256 · · Score: 2, Insightful

      Do you really think that the only benefit you get from an open platform is that you can audit the code?

    6. Re:Exactly by diegocgteleline.es · · Score: 2, Interesting

      why the hell should he have to try and find hardware that runs on linux when the hardware he presently owns already does run...just not if they merge said patch into the tree

      Because lots of lawyers consider such support illegal? If the linux license allowed such things then no kernel developer would oppose to propietary drivers, in the same way they don't oppose to running propietary userspace programs

    7. Re:Exactly by Duds · · Score: 2, Insightful

      I actually don't run Linux on the desktop, but if I did it would be for the same reason I DO run windows more.

      "It runs the software I need to use".

      The thing is, this patch would remove choice. You want a 100% code visible system now, make one, go ahead. I won't stop you.

      But this patch would stop me using binary modules if that's what I needed to do something I want to do, for no reason other than pure pettyness.

    8. Re:Exactly by rastilin · · Score: 3, Interesting

      I've always wondered about something. If people can't get or release open-source versions of critical drivers, like the drivers Andrew Moreton was complaining about, what are they going to do? Switch? There HAS to be a balance between idealistic views of how the world should be and attention to how the world really is. There are plenty of examples, mostly involving failed government economic initiatives, where people acted according to an idealized version of what they thought the world should be and the situation spun off in a completely unforeseen direction, never to their benefit. In essence, if they DID stamp out all proprietary drivers, in userspace and kernel space. Then what? I may just be cynical but I can't come up with a scenario where nvidia, ati or any of the other companies would take the risk of billions worth of lawsuits, since a suit against the foundations of their designs (probably patented) would cripple a company if it hit, and actually open source their drivers. The users would lose and the viability of linux as an non-server system would take a plunge.

      --
      How do you kill that which has no life?
    9. Re:Exactly by drzhivago · · Score: 2, Informative

      Windows does allow home-coded drivers. Nothing stopping you from grabbing the Windows DDK and having a go at it.

      The difference is that generally there isn't a need to do so for that OS, whereas not every company makes drivers available for their hardware in Linux.

    10. Re:Exactly by Directrix1 · · Score: 2, Insightful

      You understand, this is open source right? Even if it was added to the kernel by default a quick patch/recompile would eradicate it. And you want to switch to Windows because of 1 of 2 common binary only drivers? Thats pathetic, if you think that you would get more freedom with Windows. Har-dee-fuckin-har-har

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    11. Re:Exactly by bzipitidoo · · Score: 5, Insightful

      And Windows doesn't take LOTS of time to get working? Ever tried setting up IIS with LDAP and wikis? Spent hours trying to find out why files on the network were being mysteriously and only very occasionally corrupted? (Thanks, DLink and your buggy network card drivers for Windows.) Have that fresh Windows installation get pwned in less than a minute because you didn't know it must be patched before it touches the Internet? Maybe you really believe MacIntoshes "just work"? They're pretty good, but they aren't perfect either.

      OSS gets a LOT of flak it shouldn't. Double standards. When a device doesn't work with Windows, that's the device's fault. When a device doesn't work with Linux, that's Linux's fault. But you know, if those device drivers are OSS, you at least have another option. Lot of talented people out there will be able to work on the drivers.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    12. Re:Exactly by Ponies_OMG · · Score: 3, Informative

      I always say "Linux is free, if your time is worthless" (I really should say OSS instead of Linux there of course)

      I spend more time dealing with Windows problems (XP home & pro) at home, than I do with Linux problems. Windows isn't free, and it costs more of my time.

    13. Re:Exactly by slashrogue · · Score: 2, Insightful

      I'm not sure where you got the impression that the poster you're responding to claimed to be a "brave hacker" that really "believes" in open source. I read his post and understood it to be the complaint of a consumer -- either the product I use works correctly, or eventually I will get fed up with it and move on to a product that does what I want it to do. Kindly step off your high horse there.

    14. Re:Exactly by Professor_UNIX · · Score: 4, Insightful
      If you are going to run closed, proprietary, unaudited code in ring 0, what benefits do you think you are going to get from running a Free/Open OS?
      It doesn't cost $300 and includes a pretty decent array of software while providing a stable networking platform? MOST of the arguments for switching to Linux involve the price and have nothing to do with open source philosophy. If Linux cost $300 nobody would be running it.
    15. Re:Exactly by Carik · · Score: 2, Interesting

      OK, so you weren't asking me the question. I'm still going to respond to it, and assume it's really not a troll.

      I don't mind running proprietary code in Linux. I run quite a lot of it, actually... I'm using the nVidia drivers right now, and I'm writing this in Opera. There are a few other programs I use that are non-open.

      So what do I get from running Linux instead of Windows? For one thing, I'm not giving money to Microsoft. I bought a computer with no OS, and I'm not running Office. For another, I get stability. Sure, Windows has gotten better. A LOT better, really. And linux is, in my experience, getting worse in some ways. But still, I find that Linux is a lot more stable.

      And what about spyware? Sure, in Windows I can run FireFox or Opera, and make sure I've got good virus and malware scanners, and run AdAware or something like it once a week, but in Linux, I don't mostly have to worry. Are there exploits for problems in linux? Hell yeah! Are people actively attacking them on a massive basis? Well... not that I've heard. Certainly not as much as they're attacking Windows.

      I also like the user environment better. I get better control over what my system does, and I can drop down and use the command line when I want to, since I think it's better for some things. Furthermore, I don't really like any of the Windows SSH clients I've tried. There's nothing WRONG with them, I just don't like the way they look. Konsole, however, suits me perfectly. And since a lot of my job requires running SSH sessions to three or four different systems at once, I'd really rather have a system that I like the look of. Sure, I suppose I could run KDE in X.org/Cygwin, but why would I want to?

      So, to put it more briefly: By not running windows, I get choice, and some level of security.

    16. Re:Exactly by EzInKy · · Score: 2, Insightful

      How much more stable or secure than Windows do you think Linux would remain if it became just as dependent on closed source drivers as Microsoft is?

      --
      Time is what keeps everything from happening all at once.
    17. Re:Exactly by Timothy+Brownawell · · Score: 2, Insightful
      Why do you want to use Linux instead of Windows? If you are going to run closed, proprietary, unaudited code in ring 0, what benefits do you think you are going to get from running a Free/Open OS?

      A very complete software system (OS + office + dev environment + ...) without having to pay several hundred (or thousand) dollars. And I even get free upgrades, instead of having to pay again for the next version every couple years.

      Also, that little bit of closed code doesn't make the rest of the code any less open. I can (and have) still change the rest of the system. So I get very nearly all the benefits I'd have without that driver (the only one missing is the ability to send kernel oops messages to lkml and have them taken seriously), plus the ability to use whatever piece of hardware it drives.

      I'm sorry if this sounds like a troll, but it's a serious question.

      Er, no, it's a troll. But I don't have mod points today, so...

      If you install X.org / Cygwin, then you can pretty much run the same software on Windows that you would on Linux, so do you gain from running Linux? Worse driver support?

      Stuff runs like crap under cygwin, and there's still the issue of that overpriced Windows layer under it.

    18. Re:Exactly by CrazedWalrus · · Score: 4, Informative

      And Windows doesn't take LOTS of time to get working? Ever tried setting up IIS with LDAP and wikis? Spent hours trying to find out why files on the network were being mysteriously and only very occasionally corrupted? (Thanks, DLink and your buggy network card drivers for Windows.) Have that fresh Windows installation get pwned in less than a minute because you didn't know it must be patched before it touches the Internet? Maybe you really believe MacIntoshes "just work"? They're pretty good, but they aren't perfect either.

      OSS gets a LOT of flak it shouldn't. Double standards. When a device doesn't work with Windows, that's the device's fault. When a device doesn't work with Linux, that's Linux's fault. But you know, if those device drivers are OSS, you at least have another option. Lot of talented people out there will be able to work on the drivers.

      Indeed. My sister-in-law just bought a Dell, and I spent *hours* installing patches (about 50 for a fresh SP2 install), removing all of the "free trials" and "buy me" nags, installing windows versions of open source stuff (Postgres, Open Office, Firefox, Thunderbird), and setting her up to run as a limited user instead of administrator.

      On the average Windows box, you then repeat this process ever 6 months because it got fricked up somehow. Nah -- it's as much trouble or more than linux, *AND* it costs me money to boot. Insult to injury. No thanks.
    19. Re:Exactly by w128jad · · Score: 2, Interesting
      Certainly you're not one of the brave hackers that didn't stop developing linux in the early days despite of the severe lack of drivers.

      These days you can boot linux anywhere. But you know, there was a time (not that far ago) when Linux (and BSDs) didn't support almost anything. Those people really believed in open source, and they didn't mind spending many hours of their life reverse-engineering obscure hardware. They also didn't mind selling their incompatible hardware and buying linux-compatible hardware in order to run their wonderful open source OS.

      And you plan to to switch windows if the linux developers plan to ban propietary modules. You aren't switching your graphics card and buying a linux-compatible one (something you can fix with money). You just plan to switch windows.

      We're lucky that the early open source hackers weren't like you - if they had switched to windows every time they found a barrier we wouldn't have open source operative systems today. Linux has got big without the help of propietary drivers and despite of the ridiculous hardware support and the one way of getting even bigger is following the same path. We don't need propietary drivers, fuck them.


      While I won't abandoning Linux for such a reason, many companies, including the one I work for (which has about 50% Windows and 50% GNU/Linux) might. VMWare, for instance, is an important application for us and is one that requires binary kernel modules to function. All of our VMWare boxes could end up on Windows (God forbid) if this were to happen, or at the very least VMware would fork the kernel for their version of Linux. It is unlikely that such a move would force VMWare's hand and that they would release their code in a GPL compatible way to be included in the kernel.

      I for one agree with Linus. I think the kernel module system is basically a binary interface to the kernel. You aren't linking or run-time linking with the kernel code in the traditional sense. I admit it is very grey-area indeed, as there could be an argument for exactly that with shared-object libraries. But I think we should all agree that at least it isn't the whole-sale selling out of the kernel to allow this grey-area.

      The principled part of me agrees with you, but there are many users of the kernel that weren't here for the early and painful days (when they had to walk both ways to school, up-hill, in the snow, barefoot, you pansies). The community is clearly torn between the RMS types who value the promotion of freedom of free software (such as GNU/Linux) over the promotion of the technology, and those like Linus who err on the pragmatic side for the purpose of promoting the technology.

      I think there is room for both types in our community.
      --
      w2^7me out.
    20. Re:Exactly by Duds · · Score: 2, Insightful

      A lot of lawyers consider deCSS and all Mp3s illegal too.

      Doesn't mean my OS should act as a policemen, in fact that's precisely WHY a lot of people switch TO linux, because it doesn't do that.

    21. Re:Exactly by ivoras · · Score: 2, Insightful
      It doesn't cost $300 ...

      Desktop version of SUSE Enterprise Linux 10 will cost you $50/year (or $125/3yr), while the server version will wring out $350/1yr or $873/3yr. RH is more expensive.

      The only free (as in beer) distribution today that gets close (but still not quite there yet in polish) is Ubuntu, but how many users have heard of Ubuntu vs Novell and RedHat?

      Linux is now mostly free, but the greatest thing that can happen to it (acceptance in corporate environments) tends to make it expensive.

      And it's not a bad thing. For example, you don't often hear OSX users complain about the price ($130). Even most Windows users are not complaining about the price. What they ARE complaining about is lack of support, buggy software and bad drivers. Makes you think...

      --
      -- Sig down
    22. Re:Exactly by jrockway · · Score: 2, Insightful

      > In essence, if they DID stamp out all proprietary drivers, in userspace and kernel space. Then what?

      Then Linux would be like OpenBSD -- you wouldn't be reading about a remote root exploit in the NVidia drivers every week.

      --
      My other car is first.
    23. Re:Exactly by vakuona · · Score: 3, Insightful

      Then Linux would be like OpenBSD. You wouldn't be reading about it at all.

    24. Re:Exactly by raddan · · Score: 2, Interesting
      If Linux cost $300 nobody would be running it.

      Right, because we don't think the following things are important:
      • An operating system that runs on an extremely wide variety of hardware
      • A stable and mature TCP/IP stack, transparently integrated into the system via Berkeley sockets
      • Thousands of programmers who submit patches and/or modify the system to do exactly what they want it to do
      • Full POSIX compatibility
      • Real separation of mechanism from policy-- tools can be used in a variety of ways, often in ways not foreseen by the original author
      • A system that doesn't require specialized tools to customize-- every system comes with a text editor and development tools
      • A real, working permissions model-- for some uses, THIS is a dealbreaker, as the GP mentions
      • Multiprocessing is easy
      • Pipes and powerful shell scripting capabilities
      • And so on...
      Linux and other UNIXen are the culmination of years of thought about what makes a good operating system. It's not perfect, but when you reach the point, like I did, when you realize that the only boundary between you and what you want to do in the system is you own knowledge, you realize that an OS like Linux is priceless. I wouldn't hesitate to shell out a thousand bucks for software like that if I had to, and back before "UNIX" wasn't Free, many people did. And even though they are f/Free, I still make a point of donating to my favorite projects on a regular basis, because I want to make sure that they stick around.

      (The above points are ripped straight out of ESR's The Art of UNIX Programming, which was well-worth the $40 for the dead-tree version)
  17. Actually reading TFA by H4x0r+Jim+Duggan · · Score: 2, Interesting

    Actually, Linus's comments are not very negative. When he's negative, he capitalises and underscores and asterisk-ises words all over the place, and uses the phrases "NEVER", "fundamental", and "so lets not even talk about it".

    This particular way of blocking proprietary drivers has been withdrawn, but the idea seems to still have support, or at least be open for debate.

  18. Question regarding binary drivers. by BigBuckHunter · · Score: 4, Informative

    If Nvidia doesn't release their source because it's not "derived" from the linux kernel (they only use a GPL kernel interface to bridge it to their driver), then why TF do they have a seperate driver download for linux? Why don't they didn't they just build a kernel interface to their windows driver? When their driver stops working with newer kernels and they patch it to work again, isn't that patch "derived" from the linux kernel, otherwise where esle would the patch be derived from?

    What Linus is saying may not exclude the possibility of a single kernel dev suing Nvidia for GPL license violations or possible copyright infringent.

    Just a thought,
    BBH

    1. Re:Question regarding binary drivers. by Anonymous Coward · · Score: 2, Insightful

      Why don't they didn't they just build a kernel interface to their windows driver?

      That's more or less what they are doing. At one point someone running "strings" on the nVidia kernel module found several references to HKEY_LOCAL_MACHINE and other stuff related to the Windows registry.

    2. Re:Question regarding binary drivers. by cnettel · · Score: 2, Insightful
      Does this mean that you think that any software, written for Windows, that breaks with a new release means that the author of that software has violated the copyright of MS? Even if the developers of the binary blob never looked at the Linux source, it would be trivial to create a dependency on some behavior that eventually changes, especially as the policy of the kernel team is to be quite ignorant regarding preserving behavior that only affects kernel-mode code.

      Heck, there are even hacks in Vista to fix an issue that first appeared in Samba with early beta releases. Do you want MS to take them out, because it would be a violation of the Samba license? (Note again that they don't need to read the code to get these issues in, nor to take them out.)

  19. it was always about technology by zoftie · · Score: 3, Insightful

    Linus has kept focus, that linux was, is and will be about technology and I agree with him on that. It is about providing wealth of options for software users. Not twisting their hand in very specific way. GPL protects linux kernel. Using GPL to blugeon other people's practices into extreme ways that GPL can be interpreted is silly.
    See there is new and old world. In the new world code is the law. In the old world it is legalese like licences, laws for real people from standpoint of non-technical point. To Linus GPL is only a way to protect kernel code, like a tool. Nothing political. Whereas for Mr Stallman it is his life and politics. For linus gnu toolkit and gcc, came with added protection of GPL. And gpl for him is exactly like a tool.

    When you are a carpenter, you don't think of societal and humane implications of using auto-nailer to a hammer. Same with Linus, his codebase is what matters first. He is driving politics from within the kernel, you might say in very meritocratic way and not from GPL and how morally conflicting it is with GPL, to load binary drivers. GPL is a cover from blatant abuse of the kernel code.

    Linus has kept focus since beginning of the project and I stand with him on that. He is a coder first, and likes to provide things and services for other fellow coders, not be meddeling in world of politics.

  20. Re:Licence terms by saforrest · · Score: 3, Informative

    Or is the GPL a magic copyright that should be extended indefinitely past an author's death?

    What gives you the impression that copyright does not extend past the death of the author? It most certainly does.

    In the United States, it is life of author plus 70 years (see How long copyright lasts).

    So if you wanted to change the licence to BSD, you would need to contact the heirs of these dead people.

  21. Shell Game by Se7enLC · · Score: 2, Insightful

    > it will only result in _exactly_ the crap we were just trying to avoid,
    > namely stupid "shell game" drivers that don't actually help anything at
    > all, and move code into user space instead.

    Why is this bad? Separating out the kernel-space open source code from the binary blob is the only way to really ensure that the module will work with any kernel version. NVidia does it right, it works and it's binary. I don't even notice that it's not all open source because the kernel part is and compiles when I install it. Having that wrapper might not make it very fast, but it does at least WORK, and is supportable.

    I'm frankly a little tired of devices that say they are supported, when they provide a binary-only module for one specific kernel version of RedHat.

    Unfortunately, dropping binary module support in the kernel won't fix the problem. The real big players will just forward-port the support of those binary blobs into newer kernels, and now instead of just having to deal with binary drivers, we have to deal with distributions having different code support in the kernel. And who wants the commercial linux distributions to be more flexible than the free ones? Not I!

  22. Re:Licence terms by walt-sjc · · Score: 2, Informative

    Whoops - I'm wrong and the other responder is right. It's life + 70 years (I misread the article.)

  23. Re:Greg's patch was brilliant by Anonymous Coward · · Score: 2, Insightful
    I hear this line of argument very often: "Linus is a good coder and project manager, but when it comes to freedom trust only FSF". I like Linus more than GNU, for these reasons:
    • Linus does not want your copyright assignment, FSF recommends that you transfer copyrights to them so that "they can protect your freedom".
    • FSF considers all proprietary software bad or "hoarders", Linus says "whoever writes the code is free to choose the license".
    • Linus writes simple, clean code, and is a very good programmer, the source code of GNU flagship projects like GCC(the sendmail of C compilers), glibc(see the headers) are horrible.
    Feel free to correct me if I am wrong...
  24. question... why not LGPL the kernel then? by cies · · Score: 3, Interesting

    okay in theory one cannot link any binairy blob with the kernel and redistribute it, this is forbidden by the (strong copy-left of the) GPL.
    but if Linus wants to allow this why not put Linux under a license with a weaker copyleft, like the LGPL?

    at the current situation i think the kernel devs are right when they feel the GPL is violated.

    cies breijs.

    1. Re:question... why not LGPL the kernel then? by MasterShake · · Score: 2, Insightful

      Ok, I'm giving up the ability to moderate this discussion because this needs to be said.

      NVida *IS NOT* violating the GPL by releasing a binary only driver. They are not distributing a kernel with their closed source driver linked in or anything remotly resembling it. Every manufacturer that I have been to that has closed source linux drivers has not distributed a kernel with their code linked in.

      The *END USER* download the module. The *END USER* loads the module. The company is distributing their code, not a bundle as would be in a linux distribution. It is arguable that even having a distribution that has binary drivers distributed with it STILL doesn't violate the GPL because the binary blob isn't linked with the kernel until the module is loaded, by the end user.

      I personaly think that binary drivers are silly, I can't imagine what sort of IP protects how to interface with most hardware, but the fact remains that the user is linking the binary code to their copy of the kernel and the whole binary code violates the terms of the GPL is silly because the GPL specifcly only covers distribution.

      IANAL blah blah blah. I have read the GPL, LGPL, and most of the relevant sections of US copyright law though.

      -ms

  25. Pro/con binary modules is wrong focus for LKML by Morgaine · · Score: 2, Insightful

    That continual discussion on the LKML doesn't help anyone, and misses an important technical opportunity.

    Does anyone seriously believe that all card and peripheral device manufacturers will go fully FOSS any time soon, or indeed ever? No --- nobody is that unrealistic, no matter how much we'd love it to happen.

    So, since it's not going to happen, how can we best live with binary modules without suffering the many, very bad consequences of closed code being in our kernel?

    This is how:

    Find a *technical* way of containing binary modules within MMU-protected kernel domains, at the same level as the "real" kernel but with controlled/restricted access to it. This would make binary modules almost as safe as user-code but still able to communicate rapidly with the kernel resources.

    If you do that, the entire religious or political issue disappears, and instead we would have a significantly more robust/resilient kernel in practical terms.

    No more bitching. Just find a way to keep the inevitable binary modules under tight MMU control.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  26. Re:Torvalds needs to get over himself. by IdleTime · · Score: 4, Insightful

    Woowwww

    Do you know any other logical fallacies? You must lead a horrible life to have such an opinion.

    Besides that, i agree with Linus, binary modules should not be banned. Because of the ability to use binary modules, a lot of commercial software are made available and that is A Good Thing (Tm)

    --
    If you mod me down, I *will* introduce you to my sister!
  27. Re:Linus should have just went with BSD license by cyclop · · Score: 2, Informative

    Using free code that links/attaches into GPL-ed code is the license _requirement_

    No. The license requirement is that I cannot _redistribute_ GPL-ed code with binary code mixed. But if I pick up proprietary code, I mix it by myself on my machine, I compile it and I use it, I'm perfectly GPL-compliant, provided I don't redistribute it.

    --
    -- Patent no.123456: A way to personalize /. comments with a sig attached to the end.
  28. Re:Greg's patch was brilliant by Goaway · · Score: 2, Interesting

    Is it part of this bigger picture of yours to not allow people to run certain kinds of code on their computer?

  29. Re:Torvalds needs to get over himself. by DaveV1.0 · · Score: 2, Funny

    Linus didn't name Linux, the community did. It was to honor the fact that he started it all.

    Perhaps you should actually learn the history of Linux before you open your mouth and prove your ignorance to the world.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  30. Yay, politics. by GeekDork · · Score: 3, Insightful

    It's just a shame that all this is basically the result of a really fucked up kernel design.

    The kernel right now is one big monolithic, undocumented blob of ever changing ugly interfaces that requires breaking the license if you want to add a closed source driver. There is no clear interface for any third-party work that doesn't involve the inclusion of core kernel code into closed-source modules. This design of course clashes with the reality of needing closed-source drivers for some tasks. Face it: nvidia, ATI and others are not going to open their driver sources just because a minority OS doesn't want to play with them anymore. It's really a miracle that they still are making drivers, because core interfaces are changing weekly, so instead of being little bitching whiners, be thankful for that gesture of goodwill.

    What Linux IMO really needs is a stable, well-designed external interface for such drivers. I don't know how possible it would be to create something like that, but systems like QNX suggest that it actually works. But I guess that having such an interface and actual *gasp* documentation for it would be too much to ask, especially from people who apparently don't know about the terrific capability of C to include comments in the code. It does work for other things than just the license! So far, I've only been working with three or four little interfaces in the kernel, and and each one of those required at least a week of code exploration before I could even only get to a trial-and-error phase, just because to the fact that (1) there is no or just outdated documentation in the kernel package itself, (2) the code isn't commented, and (3) all tutorials on the web are aimed at kernel version 2.2.0.

    Yes, I'm quite disgusted with OSS in general and especially Linux, but it's still less expensive than the other crap./p

    --

    Fight hunger. Filet a politician and send him to a 3rd world country of your choice.

  31. Re:Torvalds needs to get over himself. by kv9 · · Score: 4, Informative

    Perhaps you should actually learn the history of Linux before you open your mouth and prove your ignorance to the world.

    practice what you preach. Linus named it "Freax" -- it was his friend Ari Lemmke, the FTP admin where the code was hosted, that named it "Linux". calling him "the community" is a bit pushing it.

  32. Re:Torvalds needs to get over himself. by OrangeTide · · Score: 4, Funny

    Ari made up about half the Linux community at the time.

    --
    “Common sense is not so common.” — Voltaire
  33. Re:Torvalds needs to get over himself. by kripkenstein · · Score: 5, Insightful

    Besides that, i agree with Linus, binary modules should not be banned. Because of the ability to use binary modules, a lot of commercial software are made available and that is A Good Thing (Tm)

    Linus's reasons, as appear in his message, are completely and utterly different from yours. To briefly summarize: first, this prevents USE of binary modules, but the GPL can only come into effect when you DISTRIBUTE something (via copyright law). Second, this will just annoy people, by shoving the kernel developers' opinions down their throat (any they can change the kernel source to allow binary modules anyhow). Third, it won't work, because a small GPLed "shim" can load a binary driver (as NVidia already do).

    However, he hates binary drivers, and for good reason. I agree both with this and with his reasons, and disagree with yours.

  34. Re:Torvalds needs to get over himself. by bogado · · Score: 3, Funny

    We all know that the correct nomenclature should been "Gnu/Freax", and that is why it got renamed. :-P

    --
    []'s Victor Bogado da Silva Lins

    ^[:wq

  35. Re:Torvalds needs to get over himself. by GuidoW · · Score: 2, Insightful
    Because of the ability to use binary modules, a lot of commercial software are made available and that is A Good Thing (Tm)

    Erm, no, the only commercial software made possible by this is hardware drivers - I wouldn't necessarily call that a "good thing". Yes, it means you can use your 3D-accelerated nvidia/ati-card right now, but it may also mean that there will never be a "proper" driver for those cards.

    Larger commercial software products, like games, database systems, or what-have-you are not touched by this issue.

    --
    If it's so secret, then how come I've never heard of it?
  36. Vista by Z34107 · · Score: 3, Interesting

    I believe there is a restriction in 64-bit vista that prevents unsigned drivers.

    Nope. There is a restriction in all versions of Vista against using unsigned kernel mode drivers. However, the new Windows Driver Model makes it possible for 99% of drivers (minus graphics drivers) to run in usermode.

    So, you can't run unsigned kernel mode drivers. But, unlike XP, you don't have to run kernel mode drivers - they all run in userspace. Interesting, since this will cut heavily into the profits Microsoft makes from driver signing, but it make the OS a billion times more stable - usermode drivers can't bluescreen. (This is also why there's "hardware compatibility" problems with Vista right now - although the user-mode drivers are easier to write, not everyone has ported their drivers yet.)

    --
    DATABASE WOW WOW
  37. Re:Torvalds needs to get over himself. by IdleTime · · Score: 2, Informative

    Erm, no, the only commercial software made possible by this is hardware drivers - I wouldn't necessarily call that a "good thing". Yes, it means you can use your 3D-accelerated nvidia/ati-card right now, but it may also mean that there will never be a "proper" driver for those cards.

    Larger commercial software products, like games, database systems, or what-have-you are not touched by this issue.

    * sigh *

    Wrong! See Oracle's ASMlib for one example of why you are wrong.
    --
    If you mod me down, I *will* introduce you to my sister!
  38. Re:Torvalds needs to get over himself. by EvanED · · Score: 2, Informative

    The closed source drivers lag on the bleeding edge?

    Which has driver support for XGL-like effects: the nVidia closed source driver, or the nv open source one?

    To make such a blanket statement like that's silly.

  39. Re:Torvalds needs to get over himself. by coolgeek · · Score: 2, Insightful

    It's definitely a good thing. The idea of banning binary kernel modules is a slippery slope that eventually leads to the idea that you can't run any program under linux unless it's GPL.

    --

    cat /dev/null >sig
  40. Re:Torvalds needs to get over himself. by deathy_epl+ccs · · Score: 2, Insightful

    I agree both with this and with his reasons, and disagree with yours.

    The only reason the parent gave was that he feels commercial software being made available for Linux is a good thing. Is this what you are disagreeing with?

  41. Re:Linux is in a confused state by element-o.p. · · Score: 2, Insightful
    Linus is choosing to allow code that restricts the rights of the users in his kernel.

    Ehhhh....no.

    Linus is allowing me the freedom to choose whether a binary driver or a F/OSS driver is the best tool for the job. If I am doing something that requires the higher performance and better graphics of a proprietary nvidia or ati driver, then Linus says it is ok for me, on my own machine, to use that driver. But I can't legally distribute a kernel with the binary only driver. IMHO, that's the way F/OSS is supposed to work.
    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  42. Re:Torvalds needs to get over himself. by SnowZero · · Score: 2, Funny

    Excuse me, but GNU must be capitalized to emphasize its importance over all other open source projects -- as well as the fact that it is a recursive acronym.

  43. Re:Torvalds needs to get over himself. by kripkenstein · · Score: 3, Insightful

    The only reason the parent gave was that he feels commercial software being made available for Linux is a good thing. Is this what you are disagreeing with?

    I disagree that running commercial software is reason enough for having binary kernel modules. Now, commercial software is fine, if you want/need that sort of thing, but you should run it in userspace. Binary drivers in the kernel are something else altogether.

    AFAIK most commercial software written for Linux does not need to run anything as a kernel module, so the connection between "having commercial software on Linux" and "binary drivers in the kernel" is fairly slim, anyhow. Please correct me if I am wrong.

  44. Re:Torvalds needs to get over himself. by Anonymous Coward · · Score: 2, Insightful

    Doom 3 (or any other commercial high end graphics software).

    Working, fully functional, stable NVidia/ATi drivers to run said software.

    (Of course, this isn't the only type of software people have or want to run on Linux, it's just the most familiar and easiest to talk about for argument sake...)

    Many closed source drivers can't be opened because of licensed 3rd party technology the licensee (e.g. nVidia) has no legal authority to open. And, the last I checked the open source nvidia driver project still can't hold a candle to nVidia's closed driver.

    If you want support for the latest hardware in Linux, sometimes you might have to bend a little. nVidia isn't going to open up just because you want them to (and legally they can't). And any reverse engineering efforts are going to be constantly playing catch-up with Windows.

    The whole license debate is nothing more than a religious ideology that does nothing to promote the adoption of Linux. The majority of potential users out there (me inlcuded) just want something that works. They aren't going to be willing to deal with low budget hardware and second rate drivers just to push some religious agenda. If I wasn't able to do EVERYTHING on Linux that I can do on Windows I would never have made the switch. I certainly would never have settled for a hacked unstable video driver just to prove a point that nobody outside the community even cares about.

    If Linux is going to stay competative, they are going to have to lose the agenda...

  45. Re:Torvalds needs to get over himself. by Anonymous Coward · · Score: 2, Funny

    Of course not, GNU is not UNIX.

  46. Re:Torvalds needs to get over himself. by corychristison · · Score: 2, Interesting

    Doesn't VMware Workstation install binary modules into the kernel? For a lot of people VMware Workstation is very necessary from day-to-day use. I know that VMPLayer and GSX server is now free, but Workstation has oh so much power and configurability. Also, locking people out from using an upwards of $500 program is going to piss a lot of people off, such as myself. I'm sure VMware could work their way around it, but right now it does Just Work(tm) and I am very greatful for it.

    I may be going out on a limb here and may not understand completely how Vmware works, but from what I can see from installing it just last night [recently wiped and installed Gentoo over SUSE 9.1] it searches for a module and if it cannot find one that works, it compiles one?

    Please correct me if I am wrong. Half of this comment is a statement and half is a question. :-)

  47. Re:Torvalds needs to get over himself. by manifoldronin · · Score: 2, Insightful

    AFAIK most commercial software written for Linux does not need to run anything as a kernel module, so the connection between "having commercial software on Linux" and "binary drivers in the kernel" is fairly slim, anyhow. Please correct me if I am wrong. And you are - or at least missing the logical connection. 8-) Of course most commercial software in and by itself does not need to run anything in kernel, but a lot of that wouldn't be able to run at all or not as well as they do in Windows if binary drivers for popular hardware aren't available, which in turn discourages commercial vendors from releasing linux versions of their software.
    --
    Tyranny isn't the worst enemy of a democracy. Cynicism is.
  48. it was just an example by jopet · · Score: 2, Interesting

    A similar situation exists for many printers, printer-fax-copier devices, graphic tables and many other hardware devices.

    In all cases the usual reason given by the companies for not providing a drivers is that they do not want to make the drivers open source and thus expose the inner workings and maybe trade secrets to the general public.

    With wireless drivers there is the additional issue of legal requirements: a driver must not allow, for example, to drive the radio with more than the allowed power.

    Unless LINUX finds a way for companies to provide closed drivers, I do not see too bright a future when it comes to support common hardware devices.

    A similar problem exists when it comes to handling media, but thats a different topic.