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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."

32 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."

  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.)

  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 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.

    4. 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.

  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.
  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 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.

  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. 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.

  12. *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

  13. 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.
  14. 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 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.

    2. 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"
    3. 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.
    4. 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.
  15. 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

  16. 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!
  17. 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.

  18. 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
  19. 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.