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Linux Wireless Driver Violates BSD License?

bsdphx writes "After years of encouragement from the OpenBSD community for others to use Reyk Floeter's free Atheros wireless driver, it seems that the Linux world is finally listening. Unfortunately, they seem to think that they can strip the BSD license right out of it."

5 of 355 comments (clear)

  1. Copyright is only good when it comes to the GPL by Anonymous Coward · · Score: -1, Troll

    Hello,

    Consulting for several large companies, I'd always done my work on
    Windows. Recently however, a top online investment firm asked us to do
    some work using Linux. The concept of having access to source code was
    very appealing to us, as we'd be able to modify the kernel to meet our
    exacting standards which we're unable to do with Microsoft's products.

    Although we met several technical challenges along the way
    (specifically, Linux's lack of Token Ring support and the fact that we
    were unable to defrag its ext2 file system), all in all the process
    went smoothly. Everyone was very pleased with Linux, and we were
    considering using it for a great deal of future internal projects.

    So you can imagine our suprise when we were informed by a lawyer that
    we would be required to publish our source code for others to use. It
    was brought to our attention that Linux is copyrighted under something
    called the GPL, or the Gnu Protective License. Part of this license
    states that any changes to the kernel are to be made freely available.
    Unfortunately for us, this meant that the great deal of time and money
    we spent "touching up" Linux to work for this investment firm would
    now be available at no cost to our competitors.

    Furthermore, after reviewing this GPL our lawyers advised us that any
    products compiled with GPL'ed tools - such as gcc - would also have to
    its source code released. This was simply unacceptable.

    Although we had planned for no one outside of this company to ever
    use, let alone see the source code, we were now put in a difficult
    position. We could either give away our hard work, or come up with
    another solution. Although it was tought to do, there really was no
    option: We had to rewrite the code, from scratch, for Windows 2000.

    I think the biggest thing keeping Linux from being truly competitive
    with Microsoft is this GPL. Its draconian requirements virtually
    guarentee that no business will ever be able to use it. After my
    experience with Linux, I won't be recommending it to any of my
    associates. I may reconsider if Linux switches its license to
    something a little more fair, such as Microsoft's "Shared Source".
    Until then its attempts to socialize the software market will insure
    it remains only a bit player.

    Thank you for your time.

  2. Welll by El+Lobo · · Score: 1, Troll
    Perhaps I'm dense or something, but is it me or is the Linuzzz and Open Source field getting more and more legally complicated with every single year? I remember the time when using and programming for Linuzzz was relatively easy, with none or little to care about legally. These days, everywhere you look there are legal flames flying in the sky, GPL version2 vs version3 vs version456 or BDS and the fried chicken.... Maybe it always has been so, but as a developer, I find that sometimes is easier for my nerves to program commercially for Windows than to give out something as OS.

    Before anyone jumps and mods me troll (please feel free to bring down my imaginary karma), I am the developer of one succesfull program that is now open Source under the Mozilla 1.1 license, and yes, you must be carefully when you release something under any OS license. When the program was freeware , but not OS, I used to sleep a lot better than now, when the last 3 monts only I've been battling with the new team about only legal aspects... Oh, well, next piece os OS I release will be on the public domain.

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
    1. Re:Welll by El+Lobo · · Score: 0, Troll

      Nahh... I believe that none here gets modded down by saying M$, so why would I get modded down by saying Linuzzz? Oh wait. this is /.

      --
      It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
  3. Re:Jury's Still Out by Ash-Fox · · Score: 0, Troll

    There's still a problem as not all the files are dual licensed (eg drivers/net/wireless/ath5k_regdom.c). They can't strip the entire license text from those files which are licensed BSD only and relicense as GPL.
    Did Jiri Slaby write them?
    --
    Change is certain; progress is not obligatory.
  4. Re:No, it doesn't. by Grax · · Score: 0, Troll

    How come they aren't upset about Microsoft changing the license on the BSD code they use in Windows products?

    You cannot take the BSD files from the Microsoft source code and modify them. Those files are under the Microsoft copyright and you are not even allowed to view them without special permission. The only difference here is that when they are in the Linux tree, you can freely view and modify them.