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Alan Cox to NVIDIA: You Can't Use DMA-BUF

DMA-BUF is a recent kernel feature that allows multiple GPUs to quickly copy data into each others' framebuffers. A use case would be the NVIDIA Optimus that pairs a fast GPU with an Intel integrated GPU, where the NVIDIA GPU writes into the Intel framebuffer when it is active. But, NVIDIA won't be able to use this infrastructure because it's GPL. Alan Cox replied on LKML to a request from one of their engineers to mark the API non-GPL: "NAK. This needs at the very least the approval of all rights holders for the files concerned and all code exposed by this change. Also I'd note if you are trying to do this for the purpose of combining it with proprietary code then you are still in my view as a (and the view of many other) rights holder to the kernel likely to be in breach of the GPL requirements for a derivative work. You may consider that formal notification of my viewpoint. Your corporate legal team can explain to you why the fact you are now aware of my view is important to them." The rest of the thread is worth a read (a guy from RedHat agrees that this code is GPL and cannot become non-GPL without relicensing from a major subset of graphics system contributors). This has a ripple effect: it means that all of the ARM SoC GPU drivers can't use it either, and it may prevent any proprietary drivers for the proposed DRI version 3.

613 of 946 comments (clear)

  1. It would still become a derived work of the kernel by Anonymous Coward · · Score: 3, Informative

    And, as such, forbidden under copyright laws in, for example, the USA or EU.

    The only way to avoid that would be to write your own kernel to ACT like (at an ABI level) the Linux Kernel.

    If you do not like this, then please get in touch with your legislative branch and ask them to change the copyright laws.

  2. This is why I suggest BSD by Anonymous Coward · · Score: 1, Insightful

    Seriously. Freedom and GPL are two very, very different things. No matter how much you try to turn and twist it around, freedom never comes with a "but".

    add.: captcha is "harmless" - oh, the irony.

    1. Re:This is why I suggest BSD by Ignacio · · Score: 4, Insightful

      Okay, so it's not freedom then. It's quasi-freedom. But at least no one has the freedom to take my quasi-freedom away. If they want in then they have to add to the pool of quasi-freedom instead of taking anything away.

    2. Re:This is why I suggest BSD by Patch86 · · Score: 2, Insightful

      If this were BSD, Alan Cox would have had his hard work stolen from him against his will, and he wouldn't have been able to do anything about it. Nvidia could have taken his code and released it in their binary blobs, and he'd never see any benefit from it again.

      So why is that a reason for him to go BSD instead of GPL?

    3. Re:This is why I suggest BSD by oPless · · Score: 5, Insightful

      PSST, this is an API called marked in such a way that only GPL modules are allowed to call it.

      It's a deliberate act of douchbaggery by kernel developers to force manufacturers to open source their drivers, not to steal code from the kernel.

    4. Re:This is why I suggest BSD by Anonymous Coward · · Score: 1

      In the scenario you posit, in what way is anything stolen? Cox would still have the code he wrote. Nvidia would have his code (in accordance with the license), and then added on to it.

    5. Re:This is why I suggest BSD by aristotle-dude · · Score: 2

      If this were BSD, Alan Cox would have had his hard work stolen from him against his will, and he wouldn't have been able to do anything about it. Nvidia could have taken his code and released it in their binary blobs, and he'd never see any benefit from it again.

      So why is that a reason for him to go BSD instead of GPL?

      How can something be stolen if it is being given away? The whole point of BSD is that you are "free" to use what is being offered for "free" and you are "free" to contribute back into the community code base to make the product better for everyone else. Through that collaboration you can end up with a better product but everyone is always "free" to take that product of the collaboration and run with it to create something unique.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    6. Re:This is why I suggest BSD by Omnifarious · · Score: 3, Informative

      My freedoms all come with a 'but'. I can swing my fists all I want, but not if I hit someone. I can own anything I want, but not other people. I consider the BSD license less free because it allows others to infringe on people's freedom. I avoid BSD licensed code as much as is feasible for this reason. In the long run it is poisonous to my freedom even if it provides no obstacles in the short-term.

    7. Re:This is why I suggest BSD by flimflammer · · Score: 1

      How exactly is it taking away your freedom for someone to download BSD licensed code and not provide their modifications? What freedom is lost?

    8. Re:This is why I suggest BSD by Ignacio · · Score: 1, Interesting

      We can never know.

    9. Re:This is why I suggest BSD by onefriedrice · · Score: 1

      If this were BSD, Alan Cox would have had his hard work stolen from him against his will, and he wouldn't have been able to do anything about it. Nvidia could have taken his code and released it in their binary blobs, and he'd never see any benefit from it again.

      Yeah, he would never see any benefit from it. Except the fact that it would make the whole Linux system more viable, thus attracting more users, thus bringing in more people who don't have the sub-licensing issues that nvidia does and may choose to contribute.

      I also love the over-the-top language GPL advocates always use: "Alan Cox would have his hard work stolen from him against his will..." Yeah... his hard work is absolutely stolen. Oh wait, I thought we can't call copyright infringement stealing since it actually doesn't take anything away from the copyright owner. It's actually even more ridiculous in this situation since Alan gives away his code for free (as in beer) anyway, whereas a digital music file or video actually has a price.

      Fortunately, the trend for new software is to be licensed more openly (usually the apache or MIT license). People are figuring out that the GPL actually doesn't promote return code contributions nearly as well as it was supposed to, and it brings a whole host of complicated compatibility concerns with other open source licenses.

      The GPL can be a useful license for businesses in some cases, but it really sucks as a general-purpose open source (or "free" software) license, and not just because of the distribution issues with "evil" corporations but also for end-users who miss out on better software that is the result of proprietary-friendly open source licenses. Stallman has really done a disservice to the software/computer industry by getting so many sheep to believe in his religious ideology, so let me be at least one voice saying the truth: Your computer is more useful when open source and proprietary software work together. Screaming "proprietary software is always and unequivocally evil" was never helpful, and people are awakening to the realization of how ridiculously false that notion is.

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    10. Re:This is why I suggest BSD by Doctor_Jest · · Score: 1

      It's a deliberate act of douchbaggery by kernel developers to force manufacturers to open source their drivers

      Since the manufacturers have been such douches about their drivers in the first place, I don't see the kernel devs doing anything but giving the manufacturers a taste of their own medicine. (If this is indeed a valid argument to begin with.) Why do manufacturers close their drivers? In this day and age, it doesn't make any sense... are the 'secret' bits of the chip or device design under such closed conditions that any sort of OSS support leaves the manufacturer vulnerable to losing their so-called 'IP' to rivals? I find that suspicious, and I think it's just a smokescreen to stop OSS driver development from taking away resources from their "windows" division. That's just speculation of course, but hey, since we're all speculating... :)

      --
      It's the Stay-Puft Marshmallow Man.
    11. Re:This is why I suggest BSD by exomondo · · Score: 1

      If this were BSD, Alan Cox would have had his hard work stolen from him against his will, and he wouldn't have been able to do anything about it.

      Yeah just like 'piracy is stealing' and 'copyright theft'! You clearly don't understand the meaning of the word 'stolen' as it does not apply in the context in which you use it.

    12. Re:This is why I suggest BSD by next_ghost · · Score: 1

      If you just download and not distribute, the GPL doesn't oblige you to do anything either.

    13. Re:This is why I suggest BSD by exomondo · · Score: 1

      I consider the BSD license less free because it allows others to infringe on people's freedom.

      What freedom does BSD licensed code infringe upon?

    14. Re:This is why I suggest BSD by Omnifarious · · Score: 1

      It eventually leads to code that everybody needs to use and nobody has access to. It leads inevitably to proprietary software.

    15. Re:This is why I suggest BSD by exomondo · · Score: 1

      It eventually leads to code that everybody needs to use and nobody has access to. It leads inevitably to proprietary software.

      Rubbish, it absolutely does not, nobody can close BSD-licensed code. It allows the ability to create a closed source derivative of a BSD-licensed work but your extrapolation of that to a scenario where suddenly everyone is dependent on a proprietary version is completely erroneous and without merit. True altruism comes from people choosing to be altruistic, not being forced to be.

    16. Re:This is why I suggest BSD by mrchaotica · · Score: 2

      Yeah, he would never see any benefit from it [if Linux were BSD-licensed]. Except the fact that it would make the whole Linux system more viable, thus attracting more users, thus bringing in more people who don't have the sub-licensing issues that nvidia does and may choose to contribute.

      Of course it would make the whole system more viable, which is why my smartphone runs BSD! Oh, wait...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:This is why I suggest BSD by mrchaotica · · Score: 1

      BSD licensed code infringes upon freedom of the user to modify the software [after a middleman developer created a proprietary derivative work from it]

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    18. Re:This is why I suggest BSD by exomondo · · Score: 1

      BSD licensed code infringes upon freedom of the user to modify the software [after a middleman developer created a proprietary derivative work from it]

      Wrong, BSD-licensed code does not do that at all. Explain to me how - if i have BSD-licensed code - i am prevented from modifying it? If a proprietary derivative work is created it is not BSD-licensed code, but it does not affect the original BSD-licensed code in any way. So no, it absolutely does not infringe upon anybody's freedom.
      This use of the GPL does though, even though nvidia is not distributing GPL-licensed code the kernel developers are using the GPL to prevent the user from using the proprietary driver on their own system by not allowing the driver module to link to the GPL code, this is absolutely restricting the freedom of the user.

    19. Re:This is why I suggest BSD by Omnifarious · · Score: 1

      Rubbish, it absolutely does not, nobody can close BSD-licensed code. It allows the ability to create a closed source derivative of a BSD-licensed work but your extrapolation of that to a scenario where suddenly everyone is dependent on a proprietary version is completely erroneous and without merit. True altruism comes from people choosing to be altruistic, not being forced to be.

      Really? If that's true, then why bother with the GPL at all then? I mean, nobody bothers to close the code up anyway, so what's the point?

    20. Re:This is why I suggest BSD by mrchaotica · · Score: 1

      Explain to me how - if i have BSD-licensed code - i am prevented from modifying it? If a proprietary derivative work is created it is not BSD-licensed [anymore]

      And that's precisely the problem: it's all destroyed by the middlemen!

      BSD code is like a river: the middlemen developers have siphoned it all off and shat in whatever dregs are left before it gets to the end user.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    21. Re:This is why I suggest BSD by exomondo · · Score: 1

      Nobody can 'close code up'.

    22. Re:This is why I suggest BSD by exomondo · · Score: 1

      And that's precisely the problem: it's all destroyed by the middlemen!

      BSD code is like a river: the middlemen developers have siphoned it all off and shat in whatever dregs are left before it gets to the end user.

      No, derived works don't take anything away, that's analogous to the argument that 'piracy is theft', derivative works don't change the original, they create new copies. I also noticed you've completely avoided the fact that the GPL is being used to restrict freedom of the user, if the code was under a permissive the user wouldn't be restricted in the software they run, but thanks to the GPL, they are!

    23. Re:This is why I suggest BSD by Omnifarious · · Score: 1

      If that's true, then why is the BSD license a win over the GPL?

    24. Re:This is why I suggest BSD by exomondo · · Score: 1

      Given the article that is the topic of this discussion i would think that would be obvious: in this case the GPL is being used to prevent the user from using proprietary drivers.

    25. Re:This is why I suggest BSD by unixisc · · Score: 1

      Seriously. Freedom and GPL are two very, very different things. No matter how much you try to turn and twist it around, freedom never comes with a "but".

      add.: captcha is "harmless" - oh, the irony.

      That's why I always use the term 'Liberated Software' to describe what RMS & his henchmen euphamistically call 'Software Freedom' or 'Free Software' - so that the Leftist underpinnings of this ideology are not disguised.

      Yeah, BSD is true freedom. Too bad the hordes doing a gazillion respins of Linux don't just take PC-BSD, add a whole slew of drivers & GUI utilities for it and let it loose. It's already good, but would really be compelling.

    26. Re:This is why I suggest BSD by unixisc · · Score: 1

      No, the stuff that is added may be closed, but the stuff that it's added to remains open. Like if someone wrote a closed 3D accelaration NVIDIA driver for PC-BSD and PC-BSD 9.2 (say) added it, that would make PC-BSD 9.2 closed. The same things that were open before the addition would remain open, and the closed things that are added would work w/ it.

    27. Re:This is why I suggest BSD by Omnifarious · · Score: 1

      *grin* Or, it could be argued, the GPL is being used to prevent the device manufacturer from taking away the user's freedom.

      The nVidia driver's are buggy security holes (a known fact, there was a recently discovered security hole that nVidia sat on for years without ever bothering to fix), and I wouldn't be surprised to learn that they had code that was designed to prevent me from doing certain things with my computer or even spy on me. They are inimical to my freedom as a user.

    28. Re:This is why I suggest BSD by ultranova · · Score: 1

      No matter how much you try to turn and twist it around, freedom never comes with a "but".

      Freedom always comes with a "but", because otherwise the biggest bully will simply take it away.

      The only people with absolute freedom to do whatever they want were old-style absolute monarchs, and even their freedom had practical limitations (push too hard and you get a rebellion).

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    29. Re:This is why I suggest BSD by exomondo · · Score: 1

      Or, it could be argued, the GPL is being used to prevent the device manufacturer from taking away the user's freedom.

      Bullshit, you're creating the same logical fallacy that the RIAA and MPAA make when they equate piracy to stealing and use idiotic terms like 'copyright theft', nobody is 'taking away' anything.

      The nVidia driver's are buggy security holes (a known fact, there was a recently discovered security hole that nVidia sat on for years without ever bothering to fix), and I wouldn't be surprised to learn that they had code that was designed to prevent me from doing certain things with my computer or even spy on me. They are inimical to my freedom as a user.

      So don't use them, that's your choice and it should remain that way, that is not for anyone to choose, not for anyone else to eliminate your freedom of choice. If you're going to make baseless accusations about spying then that's fine, don't use the drivers if you're a conspiracy theorist, but you don't get to make that choice for others, that is simply tyranny in a pathetic attempt at masquerading as 'freedom'.

    30. Re:This is why I suggest BSD by Omnifarious · · Score: 1

      That's exactly the argument I knew you would bring up.

      nVidia makes the best graphics hardware in the world. Their only competitor is ATI/AMD and they're a somewhat distant second.

      The 'choice' you speak of is the choice between having decent graphics capabilities and giving up my freedom, or not having them. Modern UI elements, modern games, many things require these graphics capabilities to work. It's nearly to the point where I have the choice between stuck back at 2003 level computing or giving up my freedom.

      That's not really much of a choice.

      It isn't quite as bad as that as nVidia does have competitors, and those competitors produce things that bring me up to 2009 or 2010 without having to give up my freedom. But really, nobody should ever be faced with a choice of buying a product and using it's capabilities or freedom.

      There are many cases where these kinds of choices that are considered to be freedom hostile are removed. For example, supposedly the US constitution denies us the choice to vote for laws that render us insecure from search and seizure, even if those laws would result in a complete lack of risk of being the victim of a criminal. We are denied the right to give up our freedom to work elsewhere in exchange for a job. We lack the freedom to vote for laws that disallow people from saying things we don't want to hear.

      This is exactly the same kind of choice. When the choice is available for companies to take away the freedom of their users in exchange for even a perceived ability to make more money, or even just control the market, that's exactly what they will do, almost invariably.

      They shouldn't have that choice. It should be removed from the field of things that they are allowed to do. Taking away that freedom from them disallows them from forcing thousands of users into the uncomfortable choice between a decent standard of product or service and their freedom.

    31. Re:This is why I suggest BSD by fish_sauce · · Score: 1

      Actually that the kernel developers didnt do this sooner is strange.

      Forcing those greedy companies to open source their drivers is only a good thing.
      These companies have taken advantage of linux open source code for years, exploited it for profit.

      It is about damn time the open source community said "enough!"

      I do not see any valid reason for these companies to not open source their drivers.
      Whining about patents and company secret is bullshit.
      Patents: You can patent round corners for crying out loud ! Patents should be removed or redesigned from scratch because atm they are exploited for greed see apple vs samsung.
      Company secret: A good reverse engineer could easily do a clean room reversing. In fact companies already do this on drivers and even hardware of the competition. So this reason is invalid too.

      Greed is not a valid reason. Making more money is not a valid reason. If making more money was a good reason why not just start using slaves again. You do not have to pay them anything. Apple do not use pure slaves but they come damn close...

      The real goal is to further human tech development, for all humans. Hiding tech from the world having each company reinvent the same tech multiple times is waste of energy and time. In medical areas it can even kill people. Not all companies can re-research the tech needed to save lives so people die because of it.

      There really should be a global law against secrets. Keeping secrets should be worse than killing people.
      We are only hindering ourselves by keeping secrets. Human development speed could be so much faster than it is today.

    32. Re:This is why I suggest BSD by anyGould · · Score: 1

      How can something be stolen if it is being given away? The whole point of BSD is that you are "free" to use what is being offered for "free" and you are "free" to contribute back into the community code base to make the product better for everyone else. Through that collaboration you can end up with a better product but everyone is always "free" to take that product of the collaboration and run with it to create something unique.

      The problem is someone is also "free" to take your product, wrap it around something proprietary with a brand name and sell it, taking all the profit and not returning anything back to the group.

      If you don't care about who profits from your code (and in particular, you don't mind that someone else profits from your work), BSD is just fine.

    33. Re:This is why I suggest BSD by anyGould · · Score: 1

      I consider the BSD license less free because it allows others to infringe on people's freedom.

      BSD is no more or less free than GPL - they're both simply statements on what you want people to do with your code. (So is "no license" for that matter).

      BSD says "here, go do whatever the hell you want with this - if you make a million bucks, I don't care". GPL says "here's something cool I'm handing out for free, as long as you're making something for free with it as well". And "no license" is "You want to use this, you talk to me and we'll figure something out."

    34. Re:This is why I suggest BSD by Cederic · · Score: 1

      No, it's not. Don't be silly.

      Nvidia do not have to call the API. They do not have to support Linux. If they do want to, they have to obey the law.

      Alan Cox can't revoke the GPLv2 licence on Linux. Only the (hundreds/thousands) of authors of the kernel code can do that.

      If Nvidia are willing to contact all of those copyright holders and convince them to provide their code under an alternate licence, then they can use it according to that alternate licence.

      At no point are they forced to open source their drivers. That hasn't been demanded (by Cox in his note) and it isn't necessary. They just can't distribute a derived work without complying with the terms of the licence, and that's an established convention in copyright law whether we're talking software or other forms of expression.

    35. Re:This is why I suggest BSD by gottabeme · · Score: 1

      You missed the point.

      Anyone can download GPL software, make all the changes he wants, and not provide his changes. He's only required to provide his changes if he distributes the result.

      In your example, if he distributed the resulting binary but not the source, those who download his binary would lose the freedom to make their own changes.

      --
      "Those who consume the bulk of goods are those who make them. We must never forget this secret of our prosperity."
    36. Re:This is why I suggest BSD by mrchaotica · · Score: 1

      No, derived works don't take anything away, that's analogous to the argument that 'piracy is theft', derivative works don't change the original, they create new copies.

      If all BSD software were as complete as TeX, then that argument would be relevant. But given that the vast majority of BSD software (just like software in general) is incomplete, it requires derivative works to be made to be useful.

      I also noticed you've completely avoided the fact that the GPL is being used to restrict freedom of the user, if the code was under a permissive the user wouldn't be restricted in the software they run, but thanks to the GPL, they are!

      Users are not subject to the GPL, since they don't make copies. They are free to combine whatever code they want, including linking (Hell, even copy-pasting) proprietary code directly to GPL code.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    37. Re:This is why I suggest BSD by exomondo · · Score: 1

      The 'freedom' you describe is arbitrarily defined, you can reverse engineer the GPU and write an open source driver if you want, they don't offer an open source driver but if their proprietary driver is so crappy or you don't like the terms under which it is offered then don't use it. You can request that they release and open source driver but it is clearly abuse of freedom and tyrannical to push your ideology on other people especially when you do so by exploiting and restricting the freedom of the end user. Defend in your apologist manner if you like but it is clearly intolerant and absolutist to restrict the user simply because nVidia does not share the GPL ideology.

    38. Re:This is why I suggest BSD by exomondo · · Score: 1

      If all BSD software were as complete as TeX, then that argument would be relevant. But given that the vast majority of BSD software (just like software in general) is incomplete, it requires derivative works to be made to be useful.

      And derivative works can be made, derivative != proprietary.

      Users are not subject to the GPL, since they don't make copies. They are free to combine whatever code they want, including linking (Hell, even copy-pasting) proprietary code directly to GPL code.

      Did you even RTFA? You do realise that the GPL is being used to prevent users from using a proprietary module don't you? If you're going to suggest that every end user manually change EXPORT_SYMBOL_GPL to EXPORT_SYMBOL and recompile their kernel just to avoid this restriction then you're way out of touch.

    39. Re:This is why I suggest BSD by Omnifarious · · Score: 1

      Then go live in a country where the constitution is just paper. Or, wait, I guess you are (if you live in the same country I do).

      Most freedoms worth having require a powerful entity to give up some of the freedom it has to impose its will on others. And not all forms of coercion involve a gun or a club.

    40. Re:This is why I suggest BSD by aristotle-dude · · Score: 1

      How can something be stolen if it is being given away? The whole point of BSD is that you are "free" to use what is being offered for "free" and you are "free" to contribute back into the community code base to make the product better for everyone else. Through that collaboration you can end up with a better product but everyone is always "free" to take that product of the collaboration and run with it to create something unique.

      The problem is someone is also "free" to take your product, wrap it around something proprietary with a brand name and sell it, taking all the profit and not returning anything back to the group.

      If you don't care about who profits from your code (and in particular, you don't mind that someone else profits from your work), BSD is just fine.

      Yes, and the problem is? Freedom has no conditions. When you are free, you can make a choice to contribute back to the community or not. What you are advocating is not freedom but slavery in exchange for code.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    41. Re:This is why I suggest BSD by mrchaotica · · Score: 1

      And derivative works can be made, derivative != proprietary.

      True, but in practical terms, the sets overlap nearly 100%.

      Did you even RTFA? You do realise that the GPL is being used to prevent users from using a proprietary module don't you? If you're going to suggest that every end user manually change EXPORT_SYMBOL_GPL to EXPORT_SYMBOL and recompile their kernel just to avoid this restriction then you're way out of touch.

      But they still could. Freedom != convenience.

      So it seems like we're each making two kinds of arguments here: arguments of "possibility" and arguments of "probability." We can't each have our cake and eat it too, so we'll have to agree to compare one or the other. Either:

      • it's possible for third-party developers to use BSD code while still contributing back to the community and it's possible for Linux users to simply change EXPORT_SYMBOL_GPL to EXPORT_SYMBOL if they want the proprietary drivers, or
      • It's improbable that Linux users would bother to edit the kernel source and it's improbable that any third-party developers would contribute back to BSD-licensed code.

      So Linux being BSD-licensed either wouldn't help the users because they can do what they want anyway, or it would hurt the users because by the time they get it they end up with a "proprietary-ized" version (like TiVo, but even worse). Either way, using the GPL is better. QED.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  3. Sigh by Anonymous Coward · · Score: 1, Insightful

    Thus, continuing to push Linux into irrelevance. You whine that the Graphics chip maker need to provide better support for Linux, but it's the wrong kind of support.

  4. Re:So? by Anonymous Coward · · Score: 1

    Us FOSS types are against greedy cheaters using our work for their profit, while not sharing theirs, with the community for non-profit purposes.

  5. Re:And this is why by justforgetme · · Score: 4, Insightful

    If it leads to vendor GPU drivers being developed in the open then I'm in!

    Why were you upset again?

    --
    -- no sig today
  6. Re:And this is why by AuMatar · · Score: 4, Insightful

    No, this is why it's GOOD, and why many developers, myself included, will not work on non-GPL projects. Without the GPL, they would have taken this code and added it to their proprietary code bases and we'd never have seen future improvements of it. That's not a good thing, ever.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  7. Re:And this is why by Anonymous Coward · · Score: 4, Informative

    Its not an external API like google maps or what not, its an internal kernel interface that video drivers that are running inside the kernel would use.

  8. Re:And this is why by mSparks43 · · Score: 2

    APIs GPL only? Seriously guys, WHAT THE FUCK?

    No, they were asking to include the code - or some derivative of it in their proprietary driver.

    If they just wanted to interface the API there would be no need to mark it non-GPL.

  9. Re:And this is why by pipatron · · Score: 1

    Yes. It is a tool, used to coerce big business to give the user information about the product they buy.

    There are a few other major operating system vendors out there that would be happy to have you as a customer if you don't like the GPL way.

    --
    c++; /* this makes c bigger but returns the old value */
  10. Re:And this is why by binarylarry · · Score: 2

    Nvidia are the bad guys here, not Alax Cox nor the GPL.

    But I'm torn because Nvidia is the only great solution for 3d on Linux right now. So my pragmatic self is screaming "NOOOOOOOOOOOOOOO!"

    Intel Ivy Bridge stuff is pretty awesome though, I use it more than the dedicated Nvidia gpu on my Clevo. I'm really hoping the next iteration of Intel GPUs makes dedicated support obsolete but it's just a dream ;).

    --
    Mod me down, my New Earth Global Warmingist friends!
  11. How to (not) get people to use your OS... by quasius · · Score: 3, Insightful

    Well, I guess that's yet another way to make sure Linux stays niche in desktop use forever.

    1. Re:How to (not) get people to use your OS... by ArsonSmith · · Score: 3, Interesting

      Desktop will soon be a niche that will mostly be Linux users that want it. The Year of the "Linux Desktop" will not be due to Linux's gains in popularity of that particular realm, but the reduction of desktop use by those not using Linux.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    2. Re:How to (not) get people to use your OS... by bug1 · · Score: 4, Insightful

      It was in a niche in 1991 when it was released, now its used in probably a billion devices around the globe, tv, media players, phones, and yes Desktops.

      And you think that the Linux Kernel people, standing up for their Legal RIGHTS against a bullyboy corporation that uses IP as a tool of oppression is bad, and will hold back Linux.

      What do you think Software Freedom is all about, serving the mighty corporation ?

    3. Re:How to (not) get people to use your OS... by schnell · · Score: 2, Insightful

      now [Linux is] used in probably a billion devices around the globe ... phones

      I hope you aren't talking about Android here. Android should no more count towards "Linux" marketshare than OS X should count towards "BSD Unix" marketshare. It's in there all right, but all the parts that make it what people want to use are put on top by somebody else.

      --
      "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
    4. Re:How to (not) get people to use your OS... by humanrev · · Score: 1

      People dont use linux because it sucks, it lacks what windows can do, you cant play good games on it and no one supports it.

      How many times does it need to be explained to you people?

      Computers are used because they can perform the tasks that people want done. Whether it's something trivial like gaming, or something important like a tax return. If an operating system doesn't do what people want it to do, then it SUCKS. It sucks because it doesn't do what most people want from it. That's why we use computers - operating systems should be about the end, not the journey.

      --
      Most people on Slashdot are fucking idiots.
    5. Re:How to (not) get people to use your OS... by epyT-R · · Score: 1

      Why should the kernel devs have to take on the added load of debugging around binary blobs? If you want to make binary blobs for the kernel, well this is allowed, but the onus is on you to maintain compatibility as internal structures change. The API for non gpl code is limited so that 'damage' caused by buggy binaries can be traced back to them easily and not waste too much kernel dev time. If your driver is gpl2, it can be folded into the kernel tree and given incremental changes along with the rest of the kernel. If not, it can't. Nor can it be debugged. Obviously, this touches on the ABI argument, but like many have said, the lack of one enables faster development of new features and new hardware platform support. You can't expect a kernel module compiled for x86 to work on ARM.. If you want a stable ABI, stick with one kernel revision, gcc toolchain, and libc. A lot of guys do this, but unfortunately, they mislabel their products as 'open source' on the box only for the consumer to find out that they can't really load anything else other than the shipped firmware because of all the binary blobs.. Even microsoft's ABIs change periodically, causing grief when consumers can't get their shipped binaries to work with the new os making their peripherals useless.

      Hardware vendors really need to start hiding their secret bits in the silicon itself if they must. The os driver should just act as an interface. I realize these days a lot of drivers offload functionality into the driver, but these companies need to reconsider whether they're hardware or software producers and use an appropriate model. If it's more complex than a simple interface (contains custom algorithms/proprietary designs and the like), perhaps it should be moved to userspace (which does have a stable ABI) or kept in the silicon (or even platform agnostic firmware).

    6. Re:How to (not) get people to use your OS... by epyT-R · · Score: 1

      1. KDE isn't much different than windows. Same with XFCE. As far as the end user goes today, that IS the OS. If people are willing to tolerate lack of hardware support in OSX, they can surely handle it in linux as it supports a lot more peripheral hw than OSX ever will. If you want custom/esoteric peripheral support, there are only two os's likely to have support: windows and linux.

      2. It survives because a lot of people all over the world, individuals and corporates, contribute, and this is because it gives them value to do so. You are obviously wrong here.

      3. Actually, the most awesome things in life are usually not the most popular. Innovation rarely comes from the bottom barrel feeder whose interests you defend so strongly here. To me, mainstream software made in the last 10 years is almost unusable dreck, designed for mouth breathing idiots who are far less capable than the average user it claims to target. I'm glad there are still OS's out there meant to empower users instead of making assumptions about the needs of the bottom barrel. While your favorite OS (windows I assume) is having more and more of its useful guts stripped out and replaced with eye candy and clunky interfaces meant for other platforms grafted onto it, I still have something useful to use. There was a time when I thought windows really had the best overall useful interface (win2k), but that time has passed unfortunately.

    7. Re:How to (not) get people to use your OS... by iamwahoo2 · · Score: 1

      If I had made an important contribution to Linux that was used in Android phone, then I would very proudly let people know about it. Why shouldn't people be recognized when their work is making a small difference in millions of lives?

    8. Re:How to (not) get people to use your OS... by bug1 · · Score: 1

      all the parts that make it what people want to use are put on top by somebody else.

      And that somebody else who puts all that stuff on top wants Linux.

      Good marketing doesnt make a solid product.

    9. Re:How to (not) get people to use your OS... by exomondo · · Score: 1

      You must have missed those millions of android devices that are out there.

      You must have missed that those millions of android devices aren't desktops.

    10. Re:How to (not) get people to use your OS... by MrLizardo · · Score: 1

      Linux is a kernel. It is a bit awkward that people typically refer to it as an OS, but that doesn't change the facts. And yes, iOS should probably be considered if you were counting the marketshare of the BSD/Unix kernel.

      --
      ^I'm with stupid.^
    11. Re:How to (not) get people to use your OS... by Anonymous Coward · · Score: 1

      It's also a way for Nvidia to make sure their hardware is screwed on mobiles, given that Android is running on top of Linux.

    12. Re:How to (not) get people to use your OS... by aiht · · Score: 1

      now [Linux is] used in probably a billion devices around the globe ... phones

      I hope you aren't talking about Android here. Android should no more count towards "Linux" marketshare than OS X should count towards "BSD Unix" marketshare. It's in there all right, but all the parts that make it what people want to use are put on top by somebody else.

      Unlike traditional Linux on the desktop, which is all Torvalds' work?

    13. Re:How to (not) get people to use your OS... by dudpixel · · Score: 1

      Those were my thoughts exactly.

      The GPL is proving to be a make-or-break "feature" more than ever these days.

      I think Linux still has a future in any case, but the GPL probably ensures it will remain a niche on the desktop. It's unfortunate, because so much work has gone into it.

      --
      This seemed like a reasonable sig at the time.
    14. Re:How to (not) get people to use your OS... by dudpixel · · Score: 1

      I was thinking about Android when I read the summary.

      The summary mentioned that all ARM SoC's are affected, not just NVIDIA.

      If this change affects Android, what's to stop Google simply moving the Android stack over to something like BSD?

      Sure, they'd lose a lot of goodwill, both internally and externally, but things like this might force them to make such a move for business/competitive reasons.

      Personally it wouldn't bother me at all, but I'm not representative in any way.

      --
      This seemed like a reasonable sig at the time.
    15. Re:How to (not) get people to use your OS... by anomaly256 · · Score: 4, Informative

      OS X's kernel is Mach, not BSD. It's had BSD api and userland tacked on to it but it's actually Mach. It's so altered though that it doesn't really count as either but instead something new and on it's own. Android at it's core is still a linux kernel and not some mutant derivative but actual linux with linux API driving the OS services that drive the jvm that drive the apps you know.

    16. Re:How to (not) get people to use your OS... by Luckyo · · Score: 1

      Perhaps the biggest downfall of trying to popularise OSS is in the egos of developers and "you must open source everything" evangelism. "It's my way or the highway"-attitude is understandable in hobbyist circles, but unacceptable in professional ones. The code was likely written to be used to improve drivers. This insistence will ensure that drivers will not get improved and user base of linux will suffer for it. Code writers suffer because they spent effort to write pieces of driver implementation that is useless if not included in drivers. Nvidia will suffer too, but this is like having a doctor suffer watching a patient flagellating himself.

      Nvidia is in the business of making a profit in a very competitive market. They have pretty strong competitive reasons to not open source their driver implementations considering just how important various driver optimizations are from performance point of view. As a result, these "pushes to open source drivers" simply look like unprofessional tantrums in the eyes of companies like nvidia.

      And sadly, linux is the one in desperate need of better drivers, and its the users of linux that suffer due to lack of these.

    17. Re:How to (not) get people to use your OS... by greyop · · Score: 1

      I don't agree with you on this. Linux is not a complete operating system to begin with. Richard Stallman definitely has a point when he says that most systems running Linux should actually be called GNU/Linux, because GNU (and other stuff) are the parts that make people want to use it. If you don't count Android as a Linux operating system then you can't count Ubuntu, Debian, Fedora, Mint etc. either. Compare that with *BSD which are complete operating systems.

      Of course you can't count Mac OS X as a *BSD because they just took some parts from a complete operating system and used them and of course you can count Android as a Linux operating system because Linux is just a kernel (which is used by Android).

    18. Re:How to (not) get people to use your OS... by bythescruff · · Score: 1

      That doesn't matter. The whole point of technology is to get things done, and Android phone manufacturers have been able to get things done more easily and cheaply because Android exists. Incidentally, the phones also enable people to get things done - even if that *is* mostly doing something or other with avians in bad moods.

      --
      Chuck Norris: Socialism == a thousand years of darkness.
    19. Re:How to (not) get people to use your OS... by Blade · · Score: 1

      Because people stood up for the rights, so that it *can* be used by other people. Without free software, you don't get Android. You can't celebrate Android without celebrating the people that fight to keep software free.

    20. Re:How to (not) get people to use your OS... by Confusador · · Score: 1

      And you think that the Linux Kernel people, standing up for their Legal RIGHTS ...

      Except I'm not sure they have those rights. Copyright on the code, of course, but here we're talking about copyrighting the API. We've just seen a major case on the subject, and the preliminary results are that "This command structure is a system or method of operation under Section 102(b) of the Copyright Act and, therefore, cannot be copyrighted." Of course, that still needs to go through appeals, but it's about as solid a judgement as I've seen. It also matches the current state of the law in Europe.

    21. Re:How to (not) get people to use your OS... by faedle · · Score: 1

      Bad example.

      Android still uses the Linux kernel, with very minor modifications. Linux isn't the userspace, it's a monolithic kernel written by Linus Torvalds. The fact that Android's user space isn't made up of the GNU toolchain doesn't change the fact that Android is, in fact, a Linux-based operating system.

      BSD Unix is both a kernel and a userspace. OS X uses bits and pieces of both, and discards significant chunks of both the BSD userland and kernel code.

    22. Re:How to (not) get people to use your OS... by Cederic · · Score: 1

      Oddly, no. The nvidia hardware is indeed excellent, but to really use it to full advantage you need their drivers.

      For a long time the hardware difference between ATI and Nvidia was minimal, but the driver support was massive and a strong contributor to Nvidia's eventual supremacy within the market.

      You don't buy Nvidia hardware, you buy Nvidia graphics which includes capable hardware and the associated software to make it run effectively.

      (how else do you think driver changes can improve the performance of extant hardware)

    23. Re:How to (not) get people to use your OS... by bug1 · · Score: 1

      "And you think that the Linux Kernel people, standing up for their Legal RIGHTS ..."
      Except I'm not sure they have those rights.

      Wishful thinking on your part i suspect.

      The link says, "So long as the specific code used to implement a method is different, anyone is free under the Copyright Act to write his or her own code to carry out exactly the same function or specification"

      NVIDIA want to use actual code from the Linux kernel, they arent proposing to write their own DMA-BUF code. If NVIDIA did want to write their own DMA-BUF code and the way the Linux Kernel has done it is the only way it can be done, then this ruling says its ok for NVIDIA to use the idea of that interface, not the code.

      Or look at it another way, if you are correct in your interpretation and copyright doesnt apply to interfaces, then anyone can use any other library irrespective of licence. Such a hole in the GPL would not have gone unnoticed, their would be proprietary wrappers around all sorts of open source licences.

    24. Re:How to (not) get people to use your OS... by Delwin · · Score: 1

      Right up until you classify Android - with it's hundreds of millions of installs - as a Linux distro since it uses the Linux kernel. That's what NVIDIA is complaining about.

    25. Re:How to (not) get people to use your OS... by MSG · · Score: 1

      You are confused. Android systems are definitely Linux. TiVo is Linux. Many smart TVs are Linux systems. What all of those things are not is GNU systems. That's why GNU people suggest that you refer to GNU/Linux systems as such.

      No one would suggest that Android is a GNU/Linux system, but it's definitely Linux. Anything written to run on Linux should work on an Android system. However, as Android does not feature a complete POSIX implementation, you would not expect an application written for a POSIX system to necessarily work on Android the way that you would expect it to run on a GNU system.

      Do you see the difference now?

    26. Re:How to (not) get people to use your OS... by StarKiller53861 · · Score: 1

      Exactly the same as every other Linux-based operating system, then?

      The parts that make it what people want to use are not included in Linux. I think you misunderstand the meaning of a monolithic kernel.

    27. Re:How to (not) get people to use your OS... by Jmc23 · · Score: 1

      Modded insightful? You apparently don't even know what Linux is.

      --
      Don't complain about syntax, grammar, or spelling. There is no.hell like input on android.
  12. Honest Question by Anonymous Coward · · Score: 5, Interesting

    As AC since I'm sure this will garner much hate, but this is honest speculation with the intent of stoking real discussion:

    1. NVIDIA and Intel want to use a new whiz-bang feature in the Linux kernel to bring faster and more feature-rich graphics to Linux. This is a good thing, a very good thing.
    2. The current licensing in the kernel makes that impossible unless NVIDIA open sources its IP. Whether this is good is questionable because:
            a. It means NVIDIA has to give up a competitive edge OR
            b. NVIDIA has to write code and implement hardware in a manner that specifically prevents them from having a competitive edge.
    3. NVIDIA's only other option is massive duplication of effort and a fork of the Linux kernel. This is a questionable premise.

    So, given that NVIDIA's choice is to give up a competitive edge or to intentionally implement its feature set in an obstructionist manner, how is the GPL "good" in this case?

    1. Re:Honest Question by faragon · · Score: 4, Funny

      So, given that NVIDIA's choice is to give up a competitive edge or to intentionally implement its feature set in an obstructionist manner, how is the GPL "good" in this case?

      Because it is THE LAW. </Dredd>

    2. Re:Honest Question by Anonymous Coward · · Score: 5, Insightful

      I appreciate how you used the term "competitive edge" three times in such a short post. Oh, wait, no, I meant "I am nauseated by how". Don't they teach marketing shills anything in terms of subtlety any more?

      Anyway, you seem to be asserting that Nvidia's "competitive edge" is completely software-related. As in, the hardware — the actual graphics-computing stuff they sell, mind you — is somehow less important than the exact underpinnings of the drivers. This is an assertion that makes no sense to kernel developers. The drivers are just there to provide a way for the OS to communicate with the hardware. The hardware is supposed to be the magical part here.

      In my opinion, the ridiculously secretive nature of Nvidia, especially in the face of their major competitors opening up their drivers, is highly suspicious. After all, I thought they sold video cards, not drivers. It makes me think they're hiding Bad Things(tm) in the drivers. Unlicensed IP, perhaps? Evidence that their "value" models of video cards are actually the "premium" cards with drivers that shut down certain features? Crappy code? Or maybe just a behind-the-times product manager?

    3. Re:Honest Question by Bill,+Shooter+of+Bul · · Score: 4, Insightful

      How much of a "competitive edge" is really in their driver? And what kind of IP would be "open sourced"? This is GPL V2 we are talking about, they don't have to abandon any patents covered by the code or anything.

      Intel and AMD actually do open source drivers for linux. Those can make use of the wizbang. Who is at a competitive edge in that case? The one that makes a driver that can use the wizbang, or the one who cant*?

      Note there is a non Nvidia sponsered open source driver for their cards. They are more than welecome to add any whizbang they want with that.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    4. Re:Honest Question by Yvanhoe · · Score: 5, Insightful

      Well, we do want an open source system, for a variety of legitimate reasons. NVIDIA's edge is in hardware design, not software design. I, for one, would be happy that they provided an open source driver that give me access to all the 1 year old functionalities of their cards. That would not make them lose any edge.

      Also, a thing that NVIDIA probably fails to realize is that open sourcing their drivers will result in far more developers on it, therefore will probably raise their quality.

      I honestly doubt that ATI could get an edge from looking at the code of NVIDIA's drivers. Maybe some small marginal improvement but nothing that would improve their hardware.

      I think that this argument has been mainly FUD. Linux developers are a small population but they are opinion leaders in the market. The first company that goes open source will probably receive a popularity boost that will offset the little "edge" that they fear losing. Right now, this is Intel, despite very inferior hardwares, that is becoming more popular because of their 100% open source drivers.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    5. Re:Honest Question by spikenerd · · Score: 3

      how is the GPL "good" in this case?

      Your are looking at it from the perspective of the company that did NOT write the code and is NOT interested in contributing. The GPL is not good for them. The GPL is "good" for everyone else. It is "good" for the whole world because it is NOT good for moochers. Yeah, it would be nice if we could let everyone, including moochers, use our open source code, but then we would accomplish less good overall. So, it is "good" that the GPL is so bad for NVIDIA.

    6. Re:Honest Question by Joe_Dragon · · Score: 1

      code tied that unlocks speeds ups in some games to make ATI look bad?

    7. Re:Honest Question by peppepz · · Score: 5, Funny
      1. I want to give away a large amount of money to the poor. This is a good thing, a very good thing. I know that the bank near my house has a large amount of money.
      2. The current licensing of the bank makes it impossible for me to get the money, unless I work hard to earn it. Whether this is good is questionable because:
      a. It means that I have to get tired OR
      b. It means that I have to work like everybody else does for a living, preventing me to have an easier life than all the others.
      3) My only other option is that I have to find a less easy way to obtain the money rather than simply picking it up the from the bank. This is a questionable premise.

      So, given that my choice is to work to earn money or to give up the idea of giving money to the poor, how are private property laws "good" in this case?

    8. Re:Honest Question by Svartalf · · Score: 3, Informative

      Heh... If that were the case, AMD would've stood to lose a lot by what they did.

      Sorry, not buying it.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    9. Re:Honest Question by schwep · · Score: 2

      Being open about drivers for the hardware that is made up of your IP is very different then needing to open their hardware up. This is a subtle but important detail. It is completely reasonable to have an open interface to a closed piece of hardware.

      Personally, I was fed-up enough with the hacky, buggy nvidia linux drivers to switch hardware to intel graphics.

    10. Re:Honest Question by Pav · · Score: 1

      eh? Erm, no.

      signed

      - Linux user since '96

    11. Re:Honest Question by Pav · · Score: 1

      Well, they should bugger off then. There are at least five other platforms with closed drivers I can think of off the top of my head, three of them mobile. Linux is the only GPLed platform, and that is it's competitive advantage. If that even means forgoing nVidia drivers then so be it.

    12. Re:Honest Question by Punto · · Score: 1

      NVIDIA doesn't lose any competitive edge because NVIDIA sells hardware, not software. I still have to pay money for their hardware even if I can get their drivers for free as GPL. And there's nothing really that "edgy" in an OpenGL driver, anyone who has programmed for their devices directly knows it.

      This is most likely a patent/licensing problem. They probably licensed some of the driver components, like the glsl compiler, or there's some patent on some ridiculous thing like the algorithm they use to sort pixels or whatever.

      --

      --
      Stay tuned for some shock and awe coming right up after this messages!

    13. Re:Honest Question by viperidaenz · · Score: 1

      Also, nVidia might not own the rights to all of the code in their drivers, so have no right to re-license it as GPL.
      That's a bit of a show stopper, unless they fire all their current devs and start from scratch again.

    14. Re:Honest Question by exomondo · · Score: 1

      Your are looking at it from the perspective of the company that did NOT write the code and is NOT interested in contributing.

      So? Preventing interoperability on the basis of them not sharing your ideology is only bad for the user.

      It is "good" for the whole world because it is NOT good for moochers.

      No, it's bad because you shut out everyone who doesn't share your world view, it's an 'our way or the highway' approach. Who cares if the nVidia driver is a binary blob? If that concerns you then use AMD or Intel or an open source driver instead, that is your choice, but to eliminate the freedom of the user to choose the binary driver most certainly is bad.

    15. Re:Honest Question by epyT-R · · Score: 1

      What back door?

    16. Re:Honest Question by steveb3210 · · Score: 1

      2. The current licensing in the kernel makes that impossible

      The current licensing by Nvidia makes that impossible... It takes two to tango.

    17. Re:Honest Question by dudpixel · · Score: 1

      And yet, if NVIDIA decided to ditch linux (ignoring Android for now), would it hurt NVIDIA? or would it hurt linux? I think it would be a nail in the linux desktop coffin (if it needed any help).

      If you put android in the picture, then we have a knock-on effect. If this hurts nvidia, then it hurts Android, and if it affects Android enough, it becomes Google's problem too. All it amounts to is pressure for vendors to move away from linux, rather than pressure to make vendors release their code under the GPL.

      --
      This seemed like a reasonable sig at the time.
    18. Re:Honest Question by dudpixel · · Score: 5, Insightful

      I disagree. AMD has had open source drivers (and specs) for years now, and the quality is still terrible. Intel has open source drivers and I still wouldn't choose Intel graphics for anything serious.

      Sure, if all you want is a picture on your screen, then even the nouveau driver will get you there. But if you want fast graphics, like you get on windows, then this licensing crap is just another way of ensuring it won't come to linux.

      If NVIDIA started only offering its binary driver on BSD, windows and OSX, I think it's more likely that Linux users (particularly commercial ones) would switch to another OS, than switch to another graphics card manufacturer.

      If the quality of the other drivers/hardware was better, then that might not be the case, but AFAIC(oncerned) AMD's drivers are a bit flaky (even on windows) and intel's hardware has yet to come near the performance of AMD/NVIDIA.

      --
      This seemed like a reasonable sig at the time.
    19. Re:Honest Question by MnemonicMan · · Score: 1

      I am typing this on a machine which has Intel x4500 graphics. I bought it about 2 weeks ago, and I can certainly support your point: I went looking for Intel graphics because for everything besides Poulsbo they are the graphics to have on Linux. 2D and 3D acceleration is fine, Compiz works fine. Intel graphics are great for Linux. Intel graphics are not great for gaming. That is why just to my right, currently powered down, is a Windows machine with an AMD Radeon 6870 in it.

    20. Re:Honest Question by Waccoon · · Score: 2

      How much of a "competitive edge" is really in their driver?

      Lots and lots and lots of math and x86 optimization? Isn't this a market where a 5% performance difference makes or breaks a product?

      I'm not saying it's right, mind you. I gave up on AMD a while ago thanks to their sucky drivers and don't care much about performance. But, drivers most definitely do make a difference.

    21. Re:Honest Question by Anonymous Coward · · Score: 1

      AMD has had open source drivers (and specs) for years now, and the quality is still terrible.

      What quality? fd.o standards support? debuggability? 2d rendering speed? 3d rendering speed? code standards? Because for all but 3d speed on high-end cards, the radeon driver is better than fglrx. And the radeon driver also happens to support xrandr 1.4, which nvidia's blob doesn't have either.

    22. Re:Honest Question by higuita · · Score: 1

      1-NVIDIA have a unfair competitive edge because it doesn't support ANY effort with GPL drivers, unlike Intel and AMD. Intel choose to support only open drivers, AMD choose to support both open drivers and closed source ones. Please note that AMD also have the same problem with their closed source driver, but they don't care that much because the open drive is set to replace the closed one when it gets good enough.

      2-NVIDIA want to rebuild their drive to use unique and powerful GPL-only kernel features and by doing so they lose the argument that their driver unique, that is the same in windows and linux and allowed by the Linux drivers GPL exclusion

      3-NVIDIA put itself in that position, they are (ab)using the linux kernel for years and even after the other players joined the open development, they choose to keep ignoring the open requests. Now they are in "locked in a corner" with no escape plan. They are attacked by many, even Linus give then the finger... they are losing the idea of being a linux friendly company and after losing that, it would be very hard to get it back. Their market share is in risk of decreasing due the lack of a open drive as the rival open drivers get better and better each month and their proprietary drive gets performance problems, lack of new features and get harder and harder to support new kernels and Xorg releases (and wayland support)... ironically, their best hope of escaping this dead trap is the people they ignored for years, the nouveau developers. Their late and incomplete open drive may save Nvidia years of development to try to catch up the other open drivers

      4-GPL is GOOD for the users. GPL is also good hardware makers, but just in long term. In short term point of view its a investment with little return, but when you lack open drivers, you close a door that might also close important business opportunities in the future. If some users dont care about the license, they are about easy of use and features. No matter how good are the closed drivers, they will always catching up the kernel and X11 development and in the end drop features and older hardware to save then from a never ending cycle. Again, on short term, the user may have good closed drivers, but in long term they will have non-working or limited closed driver.

      5-Hardware builders should work in getting better hardware. If their "competitive edge" is limited to software, they are set to lose that edge as time fly away

      6-Not all agree, but they should: "Those who would trade in their freedom for their protection deserve neither" - Benjamin Franklin
      Short term solution that impair long term problems is always a problem, specially when there is a good long term solution.

      --
      Higuita
    23. Re:Honest Question by nut · · Score: 4, Insightful

      I read once (I think in a post on slashdot a couple of years back) that many hardware manufacturers keep their device drivers proprietary in order to hide the details of the hardware implementation.
      And that this is not so much to maintain, "a competitive edge," as to protect themselves from patent lawsuits from their competitors.

      So my reference is possibly not the most reliable, but my point is that they might not be hiding stuff just to screw over consumers. There are many other possible reasons.

      --
      Never trust a man in a blue trench coat, Never drive a car when you're dead
    24. Re:Honest Question by exomondo · · Score: 1

      So? Preventing interoperability on the basis of them not sharing your ideology is only bad for the user.

      I'm confused. Which is "them" and which is "your", Nvidia or the kernel devs?

      Kernel devs prevent interoperability because nVidia doesn't share their ideology. The kernel code can be kept GPL and the nVidia code can stay proprietary, but the kernel devs want it to ALL be GPL.

      Quite obviously, the kernel developers care.

      So it's ok for the kernel developers to stop the user from choosing to use proprietary drivers?

      They are not eliminating user's freedoms.

      Bullshit, they are stopping the user from using proprietary drivers, they are dictating what software the user can run.

    25. Re:Honest Question by ultranova · · Score: 1

      So, given that NVIDIA's choice is to give up a competitive edge or to intentionally implement its feature set in an obstructionist manner, how is the GPL "good" in this case?

      Because it increases the cost of keeping the drivers closed, thus making it more likely that they'll be open-sourced fully. This, in turn, is good for the end user because bugs can be spotted and fixed in a timely manner, older devices are supported ad infinitum, and there's no suspicious binary blobs with ring 0 access to the system anymore. It's good for developers since they get to see all the code running on the system, making bug hunt and optimization easier. And its good for distros since the graphics driver gets updated along with the rest of kernel via the normal update mechanism.

      It's not good for NVIDIA, of course, any more than any other limitation on their behaviour is. But that's of no concern to anyone but NVIDIA shareholders, which the vast majority of Linux users, developers and other stakeholders aren't. Which makes the GPL good for them.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    26. Re:Honest Question by ultranova · · Score: 1

      If NVIDIA started only offering its binary driver on BSD, windows and OSX, I think it's more likely that Linux users (particularly commercial ones) would switch to another OS, than switch to another graphics card manufacturer.

      Or they would simply switch to noveuau, which according to yourself is good enough to get a picture on the screen. Because of all the reasons a commercial entity might use Linux, "fast 3D graphics" is the very last.

      And in any case, switching graphic cards would likely be far easier than switching the OS and possibly rebuilding your entire software infrastructure, especially since continuing to use NVIDIA blob would leave you vulnerable to the whole thing happening again. And that's yet another reason to use open drivers: they protect you against forced obsolescence.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    27. Re:Honest Question by dudpixel · · Score: 1

      Maybe there's been improvement recently. I admit I haven't tried the open source driver for about 6 months, so maybe it's time for another go.

      I guess that means I spoke a bit too harshly. Still, the feeling I get is that nVidia is still the king of graphics on linux.

      And don't get me wrong - if this move forces nVidia to open their drivers (or at least contribute to nouveau) then that would be a fantastic outcome.

      --
      This seemed like a reasonable sig at the time.
    28. Re:Honest Question by Yvanhoe · · Score: 1

      I disagree. AMD has had open source drivers (and specs) for years now

      For old cards only. That is their problem. Old cards are very well supported though.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    29. Re:Honest Question by Yvanhoe · · Score: 1

      Programming a modern GPU is a lot easier on an open source system than on a closed one. I think that most position focus on making Windows or OSX drivers. This is not fanboyism, this is pragmatism : if you have the source code of the OS, it is far easier to understand what causes which problem.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    30. Re:Honest Question by Michael+Hunt · · Score: 1

      Feel free to explain how GPLing their driver (which is support code whose sole reason is to drive the hardware that generates their revenue) is going to cause them any pain whatsoever?

      People give Nvidia (and ATI/AMD, and whoever else) money for graphics hardware because of the hardware's capabilities; Nvidia wouldn't suddenly make any less money overnight if their driver code was out in the open.

  13. Re:So? by Anonymous Coward · · Score: 5, Insightful

    And this is why graphics support will always be a third class citizen on linux.
    Congratz!

  14. Re:And this is why by faragon · · Score: 1

    It is THE LAW. </Dredd>

  15. One more bullet on proprietary drivers by Pope+Raymond+Lama · · Score: 5, Insightful

    They woul dhave a bad time coming along anyway, since they can't be compatible with the secure boot (UEFI) way of working (workaround if one prefers), that is being adopted by major distributions: all Kernel level code, and X11 code, will have to be signed to work out of the box in a UEFI restricted boot environment. And any distro that would sign binary code coming from NVIDIA or whoever else would be mad.

    It may be we get some months across a new "no working 3d drivers" dark ages on the Linux desktop, but one way or the other, the time for proprietary drivers is past.

    --
    -><- no .sig is good sig.
    1. Re:One more bullet on proprietary drivers by Kjella · · Score: 4, Insightful

      And any distro that would sign binary code coming from NVIDIA or whoever else would be mad.

      Sometimes I wonder what reality Slashdot lives in, a distro signing a nVidia driver would be no different than say Microsoft signing a nVidia driver. Of course the puritan distributions won't but they don't ship proprietary code anyway, it's not like Ubuntu would "vouch" more for nVidia than Microsoft does. If the nVidia code is full of shitty security holes that's not really the distro's problem as long as it's "genuine" nVidia code.

      --
      Live today, because you never know what tomorrow brings
    2. Re:One more bullet on proprietary drivers by Pav · · Score: 1

      Perhaps you didn't live through Windows NT which helped make the BSOD famous specifically by trusting shitty video (etc...) drivers. You REALLY don't want to be going there.

    3. Re:One more bullet on proprietary drivers by Erpo · · Score: 1

      The meaning of a digital signature on a piece of data depends on the signing entity and the data. My signature on an email means I wrote the email. My signature on someone's public key doesn't mean I "wrote" the public key--it means I've verified that the name and picture on a state-issued ID card match the individual who has access to the associated private key and that I've known the person for a certain period of time. Very different meanings.

      Whether or not it is reasonable for a distro maintainer to sign a blob from nVidia depends on what that signature would mean.

      Maybe it means the distro maintainer has verified that the blob came from an employee of nVidia authorized to distribute official drivers.
      Maybe it means the distro maintainer has tested the blob for a certain number of hours in certain hardware environments without experiencing crashes.
      Maybe it means the distro maintainer has been granted exclusive access to the source code for the blob, has audited it, and has certified that it has passed manual and machine inspections.
      Maybe it means the distro maintainer has been issued a legal document binding nVidia to provide financial compensation if the blob is later found to contain spyware.

      Different people have different preferences about how distro maintainers should behave.

    4. Re:One more bullet on proprietary drivers by anomaly256 · · Score: 1

      In order to sign it, you would also have to distribute it. Each distribution vendor would have their own signing keys and thus a distro-specific nvidia driver package would be needed. NVIDIA doesn't give vendors permission to distribute their binary blobs but requires users to elect to download and install them (so they can agree to te EULA when they fetch them). And they also don't want the overhead of having to build 100 packages of each driver release for each distribution flavor-of-the-month (and who could blame them for that..). Besides this overhead, it would also require NVIDIA to have the PRIVATE signing key for all those distribution vendors and they sure as hell won't agree to that.

    5. Re:One more bullet on proprietary drivers by anomaly256 · · Score: 1

      See the problem arrises because Microsoft is 1 vendor. Just 1. Linux is hundreds, possibly even more

  16. Why is this supposed to be a good thing? by JDG1980 · · Score: 3, Insightful

    Am I missing something? Isn't this going to hurt Linux a lot more than it is going to hurt nVidia? Sure, it would be great if nVidia open-sourced their driver code, but it's pretty clear that this is not going to happen. What effect will this have other than to make Linux drivers for nVidia cards of inferior quality?

    For Linux the religion, this is a triumph. For Linux the operating system, it is a major setback.

    1. Re:Why is this supposed to be a good thing? by pipatron · · Score: 4, Interesting

      So what, exactly, is linux to you? If you want a proprietary operating system with closed drivers, there are plenty. Bending over sideways for a paranoid corporation just to get high definition pornography in 3D on your notebook sounds like a real bad idea to me.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:Why is this supposed to be a good thing? by Infernal+Device · · Score: 2

      So what, exactly, is linux to you? If you want a proprietary operating system with closed drivers, there are plenty. Bending over sideways for a paranoid corporation just to get high definition pornography in 3D on your notebook sounds like a real bad idea to me.

      Depends on whether or not you want to further the mainstream adoption of Linux on the desktop by non-technical users.

      Were I a corporation, this would be the point where I would determine that my development efforts for Linux have gone far enough until there is a high-enough percentage of usage to warrant further development.

      --
      "My God...it's full of trolls!"
    3. Re:Why is this supposed to be a good thing? by Anonymous Coward · · Score: 1

      You know, you could state the *exact* opposite. "For the nVidia proprietary driver religion, this is a triumph. For the nVidia market, it is a major setback."

    4. Re:Why is this supposed to be a good thing? by Joehonkie · · Score: 1

      What if he wants an open operating system with proprietary drivers? And there's no need for this: "Bending over sideways for a paranoid corporation just to get high definition pornography in 3D on your notebook sounds like a real bad idea to me."

    5. Re:Why is this supposed to be a good thing? by countach · · Score: 1

      The video drivers are different because they (mostly) don't have to be in the kernel, so Linux never did try to control that. Now there is the choice between (a) OK drivers and (b) fantastic drivers. Winning this ideological battle probably won't get you either better drivers nor open drivers.

    6. Re:Why is this supposed to be a good thing? by The+Moof · · Score: 1

      Bending over sideways? Not sure how trying to mandate hardware manufacturers open their drivers by licensing calls to an API is bending over sideways, unless you mean they're bending over sideways to make life more difficult. Either way, with the negative rep Win8 has been getting and Valve (among others) opening up to porting game software to Linux, there was a door slowly opening that Linux could've used to gain a better footing on the desktop market.

      This guy just attempted to slam shut it for purely philosophical reasons.

    7. Re:Why is this supposed to be a good thing? by Svartalf · · Score: 5, Insightful

      No, it's not.

      You and everyone KEEP presuming the only space at stake here. There's another and they want to play in this space badly because it's big-bucks for them or they wouldn't have done it in the first place. (Hint: There was no good reason for the Linux drivers they've made to date- because there really wasn't a market for those end-user drivers (these are treated as such by the community, but they're not really for the consumer market...) until recently in the first place.

      Think engineering workstations (early reasons...seriously, for both AMD and NVidia...) and supercomputing clusters using GPGPU computation (There's a reason for the opening of AMD's stuff...that's part of that.).

      If they want to play in that space...they're going to have to change attitudes, much like AMD did.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    8. Re:Why is this supposed to be a good thing? by bug1 · · Score: 2

      Isn't this going to hurt Linux a lot more than it is going to hurt nVidia?

      It wont hurt serious Linux users, they all switched to AMD/ATI a long time ago.

      AMD have committed themselves to releasing technical specs for their product that make it much easier for the community to write open source drivers.

      NVIDIA have spent years fighting attempts to create open source drivers for their products.

      NVIDIA is an unimportant hardware vendor for Linux, their problems can be avoided by giving money to their competitor.

    9. Re:Why is this supposed to be a good thing? by loonycyborg · · Score: 1
      Nvidia didn't opensource its driver core due to licensing issues, likewise kernel people disallow the use of DMA-BUF by nvidia-drivers due to once again licensing issues. I don't see why nvidia's licensing issues would inherently deserve more respect than those of kernel contributors like you seem to imply.

      But don't worry. I'm sure they'll sort out the whole mess eventually.

    10. Re:Why is this supposed to be a good thing? by exomondo · · Score: 1

      NVIDIA is an unimportant hardware vendor for Linux, their problems can be avoided by giving money to their competitor.

      Yeah nobody uses Tegra with Linux.

    11. Re:Why is this supposed to be a good thing? by epyT-R · · Score: 1

      ..and this would be the point where you lose the high ground. You're now stooping to the behavior you've accused the kernel devs of taking part in. In your example, the kernel is their ball and the driver is yours, and each side is now telling the other to take it or leave it with passive aggressive behavior. Even if the kernel devs allowed nvidia full access, what happens to the kernel when they allow dozens of other vendors the same? The result will be riddled with dozens of blobs, making debugging and portability impossible. It's what happened to android, and that thing's a mess.

      Perhaps the answer is to move the secret bits to the silicon and/or silicon specific firmware?

    12. Re:Why is this supposed to be a good thing? by the_B0fh · · Score: 1

      Who wrote the Windows OS? Microsoft. So they get to decide on the license, and you get to pay them to use it and abide by their license.

      Who wrote the Linux kernel? The Linux developers. And they get to decide on the license, and you get to use it, and abide by their license.

      If you disagree with the license, go buy a different OS, or write your own.

      If you do decide to write your own, and distribute it, your users would have to abide by your license.

      Is this concept really that difficult to understand?

    13. Re:Why is this supposed to be a good thing? by dudpixel · · Score: 1

      Say I want a system that works better than all others regardless of whether it's open or closed? The GPL just doesn't help me here.

      Can't linux compete on its own merits? Does it have to fall back to the "but it's free (open)" all the time?

      Being free and open is important to some, but I couldn't care less. If I have to pay $200 for Windows just to have a working system that can play games and watch movies, then I'll pay it. It gives me more value than a free system that can't do those things.

      Why can't the user decide what they want on their system? Linux is turning into the OS that controls what you can do just as much as Windows and OSX these days, and its value is decreasing rapidly.

      --
      This seemed like a reasonable sig at the time.
    14. Re:Why is this supposed to be a good thing? by couchslug · · Score: 1

      Linux doesn't need to cater to those who do not care about Free or Open software. It will exist longer than Nvidia.

      If you want to game, run Windows. No problem.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    15. Re:Why is this supposed to be a good thing? by anomaly256 · · Score: 1

      Pretty sure using an API isn't covered by the scope of the copyright license anyway. If it were then glibc would be in DEEEEP shit. In fact, iirc glibc and linux *set the precedent* on this issue in the first place when they chose to be unix compatible and clone libc. Seems to me like Alan Cox is just having a tantrum about nothing ? And forgetting his roots in the process I guess.

    16. Re:Why is this supposed to be a good thing? by msclrhd · · Score: 1

      Linux is competing on its own merits. The main requirement for contributing to Linux (or other GPL projects) is that if you want to modify it, you have to release the source code for it. If a company does not like that, it cannot publish a modified version of the GPL project or something that derives from it.

      Quite a lot of the kernel developers are paid by corporations to contribute GPL code to the Linux kernel; these companies comply with the GPL just fine The rest of the developers don't get paid for their work contributing to the kernel (or other GPL project), but still want to add to and improve the kernel while releasing their code for free.

      Intel, AMD, VMware and others work with the Linux kernel, mesa, and other graphics teams to help improve the associated projects.

      Where are NVidia? Why should NVidia freeload on the work of others and not contribute anything back to the community (hiding their driver behind a binary blob)?

    17. Re:Why is this supposed to be a good thing? by pantaril · · Score: 1

      So what, exactly, is linux to you? If you want a proprietary operating system with closed drivers, there are plenty. Bending over sideways for a paranoid corporation just to get high definition pornography in 3D on your notebook sounds like a real bad idea to me.

      I want free operating system with good performance. What does it have to do with the question GP asked (how will this decision affect linux)?

    18. Re:Why is this supposed to be a good thing? by wertigon · · Score: 1

      Not really, Nouveau has come a long way and will get a competitive advantage by this. Though Nouveau is still slow, performance is increasing all the time. Last I heard power management was the final big hurdle to overcome and then a few smaller areas that need to be worked on (as well as performance ofc), so in another 3 years I'm expecting Nouveau to be fully up to par with the blob.

      --
      systemd is not an init system. It's a GNU replacement.
    19. Re:Why is this supposed to be a good thing? by suutar · · Score: 1

      Depends on what you're willing to sacrifice to further the mainstream adoption of Linux on the desktop by non-technical users.

      ftfy. A corporation has a profit motive to expand their user base. The linux kernel devs, not so much...

  17. Translation by Sez+Zero · · Score: 2

    You may consider that formal notification of my viewpoint. Your corporate legal team can explain to you why the fact you are now aware of my view is important to them.

    Translation: Go see your corp lawyers. FYI, you're about to get spanked.

    1. Re:Translation by gstoddart · · Score: 3, Interesting

      Translation: Go see your corp lawyers. FYI, you're about to get spanked.

      Slightly more neutral translation: now that you have been officially informed we will not be marking it as non-GPL, if you use it, you are in violation of copyright. And your having been told means you don't have a legal leg to stand on if you ignore this.

      Oh, and, FYI, you're about to be spanked. ;-)

      --
      Lost at C:>. Found at C.
    2. Re:Translation by outZider · · Score: 2

      Actual Translation: F you, we don't need proprietary drivers. We're totally okay with being a niche player forever.

      --
      - oZ
      // i am here.
    3. Re:Translation by pavon · · Score: 3, Insightful

      No, that isn't the implication. Whether they are in violation of copyright or not depends on whether their drivers are a derivative work of Linux, and if so whether fair use would allow them anyway. Both of these things are decided by courts not by the copyright holder. The significance of his notification is in determining whether the infringement is willful or not, and thus eligible for stronger penalties.

    4. Re:Translation by ceoyoyo · · Score: 3, Interesting

      Yeah, that's more like it. These guys are probably nVidia employees who like Linux and probably had something to do with convincing their bosses to let them work on Linux drivers. They asked Cox if something could be done about the licensing of a little part of the kernel so the drivers they write could use a new feature. Cox told them to F off.

      I really doubt nVidia cares. The only ones disappointed are these driver coders and anybody who wants to use multiple GPUs on Linux.

    5. Re:Translation by epyT-R · · Score: 1

      fallacy. It's possible to be a major player and not be prioprietary. Linux has done this, just not on the desktop.

    6. Re:Translation by SeaFox · · Score: 1

      I personally heard a loud whip-snapping noise in my head when I read that line.

    7. Re:Translation by Confusador · · Score: 1

      You may consider that formal notification of my viewpoint. Your corporate legal team can explain to you why the fact you are now aware of my view is important to them.

      Translation: Go see your corp lawyers. FYI, you're about to get spanked.

      That may not work out for him as well as he hopes. Their lawyers are certainly aware of the verdict in Oracle v. Google, and may reply that since APIs aren't copyrightable, they don't need permission anyway.

  18. Re:And this is why by RocketScientist · · Score: 2

    Exactly what's the impact-level difference between the GPL and software patents then?

    Oh yeah, patents expire, and copyright doesn't. Gotcha.

    Great PR here guys.

  19. Face Reality: by CajunArson · · Score: 4, Insightful

    While Linus got lots of publicity for mouthing off at Nvidia over Optimus support, the truth is that X.org just recently released server 1.13 that has initial support for Optimus-like technologies and it would not have mattered one bit what license Nvidia used for its driver code.

    The cold hard truth is: Nvidia isn't going to GPL its drivers and it couldn't do so even if it wanted to. Nvidia's developers *have* been trying to help out with adding code to the kernel for DMA-BUF that will be GPL and will help other pieces of hardware in addition to Nvidia hardware. There will probably have to be a compromise at some point on this even if the idealogical purists get their panties in a knot over it.

    --
    AntiFA: An abbreviation for Anti First Amendment.
    1. Re:Face Reality: by amorsen · · Score: 5, Insightful

      Nvidia isn't going to GPL its drivers and it couldn't do so even if it wanted to.

      Of course Nvidia could GPL its drivers. That "they can't do it" been said ever since the first proprietary Nvidia Linux driver, and back then it was blamed on non-specified technology licensed from SGI. SGI then stated publicly that they had absolutely no problem with their technology ending up in a GPL'd Linux driver.

      It is just a pitiful excuse. Luckily, between "secure boot" and this, the excuse will not last much longer. Then it will be either GPL or nothing at all.

      --
      Finally! A year of moderation! Ready for 2019?
    2. Re:Face Reality: by Cid+Highwind · · Score: 2

      I suspect it's not about what nVidia licensed, but what they didn't license. The binary blob is a huge mass of code, just given the size and what it does, and the sheer number of graphics-related patents out there, it's a fair bet they're infringing on something.

      --
      0 1 - just my two bits
    3. Re:Face Reality: by Svartalf · · Score: 4, Interesting

      In truth, that statement was a LIE, and they knew it. If there was actual cards that I could've laid hands on back when the NV1 was out, there would've been a Utah-GLX driver because they made the programming interfaces for an NV1 publicly available at the time I was one of the Utah-GLX developers.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    4. Re:Face Reality: by amorsen · · Score: 3, Informative

      Linux has had proprietary video drivers for more than 15 years. That has obviously not brought world domination. Yes, in the short term it will force a few more users to boot into Windows to play 3D games, but almost all Linux users who play 3D games do that anyway.

      15 years of proprietary video drivers has not brought 3ds Max to Linux, even though it would have been an extremely straightforward port of the SGI version, way back when. Exactly the same applies to AutoCAD.

      --
      Finally! A year of moderation! Ready for 2019?
    5. Re:Face Reality: by ZeroSumHappiness · · Score: 1

      It's been slow that people have been toeing into Linux to be sure, but to shut them out entirely, I fear, would make them all clam up for another fifteen years. I'm hopeful that Steam and Source on Linux will take off, but if I can only get 60% of the framerate on Linux that I get on Windows then sticking with Windows is cheaper because I can put off new video cards longer.

    6. Re:Face Reality: by strikethree · · Score: 1

      Then it will be either GPL or nothing at all.

      It will be nothing at all for NVidia and me. I used to be an avid Linux supporter. Between Gnome, KDE, and the crappy video drivers, Linux on the desktop is unusable for me. I am NOT going back to 1998 Linux with respect to the desktop.

      Alan, have fun with the dozens of others who will enjoy desktop Linux with you. I understand the position but it is waaaaaaaaaaay to early to be strong arming NVidia.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    7. Re:Face Reality: by Pav · · Score: 1

      It could be argued proprietary drivers are one of the few reasons Linux hasn't taken off on the desktop. It's one of the few areas that are still "hard" for the average user, and even Ubuntu didn't manage to fix all the issues. The last ten years of closed source drivers is a failed experiment and I can see why the driver coders are getting pissed with freeloaders like nVidia.

    8. Re:Face Reality: by epyT-R · · Score: 2

      ...and if they let nvidia have their way, dozens of other vendors will demand the same and linux will end up as riddled with blobs and thus as undebuggable and unportable as android. Thus alan and co lose anyway. Better to fight..

    9. Re:Face Reality: by amorsen · · Score: 1

      You can of course do as you please, but the state of the Linux desktop is better than it has ever been. Gnome and KDE are finally done with grand upheavals, and for the first time in the history of Gnome I am using it without any extensions or other third party tweaks.Networking finally Just Works (including Wifi hot spot) and the wifi drivers are much improved. Battery life is fantastic -- when I got this laptop 3 years ago, the fans were loud and annoying, today they are barely on. The Intel graphics driver in my laptop is just about perfect, and the nouveau driver is so good now that I really ought to finally switch my XBMC box over to it.

      If you want to worry about Linux, worry about the server side. A web server in the init daemon...

      --
      Finally! A year of moderation! Ready for 2019?
    10. Re:Face Reality: by ZeroSumHappiness · · Score: 1

      +1 Insightful.

  20. What Cox is saying... by AliasMarlowe · · Score: 5, Insightful

    Actually, he's telling them that they can use DMA-BUF in their video drivers. And so can anyone else, provided those drivers are released under GPL.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    1. Re:What Cox is saying... by Chris+Mattern · · Score: 3, Insightful

      Actually, he's telling them that they can use DMA-BUF in their video drivers. And so can anyone else, provided those drivers are released under GPL.

      Which requires that everything *else* in the driver be compatible with the GPL. Which...they aren't. So they can't.

    2. Re:What Cox is saying... by MtHuurne · · Score: 5, Insightful

      Intel releases their drivers as GPL, I don't see why NVIDIA couldn't do the same. They choose not to.

      Now, there might be sublicensed code in the driver that NVIDIA doesn't own, so maybe they cannot release it under GPL tomorrow, but it would be feasible as a long term project.

    3. Re:What Cox is saying... by Jeremiah+Cornelius · · Score: 4, Insightful

      Implicit in this is the proposition that GPL IS GOOD FOR INNOVATION.

      You better make a flippin' good GPU, and invest there. If you depend on drivers to add value, and you fail to deliver on this? Someone is free to improve or replace your driver.

      Meanwhile, the other guys compete with a level playing field.

      This is promotion of innovation over obfuscation.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    4. Re:What Cox is saying... by Anonymous Coward · · Score: 5, Informative

      They probably don't want to because they likely infringe on either software patents in the drivers themselves or hardware patents that opening their drivers would expose. Once they opened their drivers they probably would get jumped on by 40 million patent trolls and sued into the ground, as well as being injunction'd from releasing any driver for any operating system (read: not make any money, have increased legal costs, and go out of business).

    5. Re:What Cox is saying... by TheRaven64 · · Score: 5, Insightful

      Intel did not release their drivers under the GPL. Intel implemented new drivers from scratch. Relicensing existing code is really hard for something like a graphics driver, which contains code licensed from third parties. Oh, and they're under an MIT license like the rest of X11 and the DRI infrastructure, not the GPL.

      --
      I am TheRaven on Soylent News
    6. Re:What Cox is saying... by Anonymous Coward · · Score: 1

      When Intel makes a GPU that can compete with Nvidia's, then I'll care.

    7. Re:What Cox is saying... by Anonymous Coward · · Score: 1

      I say nVidia links against the EXPORT_SYMBOL_GPL modules and dares Alan Cox to sue them. Alan would lose and he knows it. There has never been a legal case demonstrating that the mere act of linking two programs together produces a derivative work.

    8. Re:What Cox is saying... by jedidiah · · Score: 5, Insightful

      > rather than the usual GPL zealot approach of Plagiarism-then-shouting-innovation.

      In truth, that pretty much describes the entire industry and creative efforts in general.

      Bitching about "innovation" generally is a smokescreen to excuse abusive, anti-competitive, and monopolistic business practices.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:What Cox is saying... by TFAFalcon · · Score: 5, Insightful

      Well DMA-BUF (what this article is about) seems to be pretty innovative. And it is covered by GPL.

    10. Re:What Cox is saying... by Svartalf · · Score: 2

      Actually, they COULD be doing it (They're doing some of at least documentation for Tegra...), but it's a business decision to not be, so they can't. Be specific.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    11. Re:What Cox is saying... by Svartalf · · Score: 1

      Uh, they own most of it. By "choose not to" they've chosen to not provide the IP they own as public info- which is fine. (Without your snide remarks, that is. You're using code written against that ideology to post your comments...perhaps if you have issues with it, don't use Firefox, don't use /., etc. Basically speaking, keep your hypocrisy to yourself, please...)

      However, Intel and AMD seem to not have problems with this. Only NVidia, Qualcomm (which could easily ask AMD for permission for the stuff they don't own...), and companies like Imagination Technologies are choosing this path.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    12. Re:What Cox is saying... by newcastlejon · · Score: 3, Informative

      For future reference, the word you were looking for is "enjoined". It means being prohibited from doing something by means of an injunction.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    13. Re:What Cox is saying... by MtHuurne · · Score: 1

      Ah, I didn't know Intel wrote new drivers from scratch. Still, the fact that Intel can do it shows that NVIDIA could do it as well, if they would choose to do so.

      In intelfbhw.c it says that the hardware specific part of the driver is dual-licensed under GPL and the MIT/XFree86 license. The user space code is probably MIT-licensed (I didn't check), but this discussion is about sharing DMA buffers between two kernel modules. Please correct me if I'm wrong, but I think there is nothing preventing NVIDIA from shipping a proprietary OpenGL implementation in user space as long as they communicate with the kernel via established interfaces.

    14. Re:What Cox is saying... by MtHuurne · · Score: 5, Interesting

      This did not stop Intel from releasing drivers, or AMD from releasing detailed technical documentation. And the Nouveau drivers already expose some of the functionality of NVIDIA's hardware. Also, both AMD and NVIDIA chips are being used in game consoles and those are programmed by sending command lists directly to the GPU, so console game developers have detailed technical descriptions of those GPUs; it's not like their programming interface is so secret that it never leaves NVIDIA HQ.

    15. Re:What Cox is saying... by DM9290 · · Score: 2

      Beyond a mere declaration of a function header nothing else in code that dynamically links to another object is derived from that object. And since that small snippet is an API it is not copyright protected by law. So you don't need the GPL to derive from it.

      As far as any data being passed back and forth at run time - you are not the one who is copying that data, (it happens at runtime in response to actions of another human being who has dynamically linked the other object) so you are not the one who is deriving anything from the software.

      If I'm wrong I'd love to know about the court case that contradicted me.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    16. Re:What Cox is saying... by Anonymous Coward · · Score: 2, Interesting

      Ah, I didn't know Intel wrote new drivers from scratch. Still, the fact that Intel can do it shows that NVIDIA could do it as well, if they would choose to do so.

      Dear /., this is an example of naivete and idealism: NVIDIA for one is nowhere near the size or capacity of Intel, in terms of development, ability to make, influence, dominate markets, set platforms... Secondly, who wants to bet who has more patents, strings and connections, and ways to leverage force in the event that all cards are laid bare? I will take Intel on that bet any day (and I have spoken to employees or close contacts of employees of NVIDIA, which I will not reveal, about various matters in regards items of concern relevant to these narratives and this story). Anyway, as far as the GPL is concerned, if it's version 2, then they probably wouldn't have to worry: leaving aside the bullshit rhetoric from the FSF which attempts to conceal the fact that it leaves a path wide enough for several mack trucks to drive through (as far as combining GPL code with non-GPL code), a lot of the rhetoric about "derivatives" is simply mis-use of that term and wishful re-thinking of what 'derivative" means: they COULD build inter-operable code and simply...not distribute the GPL code in question, and leave it to the user to download their driver, like, you know, they already do.

      Go NVIDIA, just do it: don't put their code directly into your system, and have your driver just replace the relevant portions like you...already do with X and other fundamental system components on Linux. Because, you know, it's always better to ignore the zealots, who are bad for business, and often as bad for the cause they advocate. Now everyone read THIS actually-intelligent comment, http://linux.slashdot.org/comments.pl?sid=3179477&cid=41624939

    17. Re:What Cox is saying... by sjames · · Score: 1

      The courts decided long ago that linking (dynamic or static) constitutes creation of a derived work. nVidia is free to try to get that overturned if they like, but they'll face a lot of opposition from proprietary vendors.

    18. Re:What Cox is saying... by sjames · · Score: 1

      But they DID do it. So can nVidia.

    19. Re:What Cox is saying... by MtHuurne · · Score: 3, Insightful

      Dear /., this is an example of naivete and idealism:

      Naive? Maybe. I'm not an industry insider, so please educate me if I make incorrect assumptions or overlook important issues.

      Idealism? No. I'm typing this on my PC that runs NVIDIA's proprietary Linux driver. I'm saying NVIDIA could release an open source driver, not that they should. (*)

      NVIDIA for one is nowhere near the size or capacity of Intel, in terms of development, ability to make, influence, dominate markets, set platforms... Secondly, who wants to bet who has more patents, strings and connections, and ways to leverage force in the event that all cards are laid bare?

      In a battle with a patent troll, your own patent portfolio, market dominance etc doesn't matter, only that you have a good legal team and deep enough pockets. In a patent battle with a competitor, I don't think open drivers make that much of a difference, since the opponent will have enough expertise to demonstrate patent infringement even without the driver source code.

      Anyway, as far as the GPL is concerned, if it's version 2, then they probably wouldn't have to worry:

      The Linux kernel is licensed under GPLv2 and that is unlikely to change.

      they COULD build inter-operable code and simply...not distribute the GPL code in question, and leave it to the user to download their driver, like, you know, they already do.

      This discussion is not about NVIDIA distributing GPL-ed kernel code, it's about which functions a non-GPL driver is allowed to call. The view of the kernel maintainers seems to be that loading a module makes that code part of the kernel, not a separate program and it is therefore bound to licensing rules set by the kernel. If this is not true, then there is no difference between EXPORT_SYMBOL and EXPORT_SYMBOL_GPL and there is also no need to change the declaration of the dma-buf symbols.

      (*) I would like them to release an open source driver, but I know it's not likely to happen. NVIDIA's driver is designed to run the same code on many platforms, I think there was a presentation that said 90% of the code is platform independent. This approach makes it harder to integrate with Linux though, since NVIDIA has their own solutions for things that Linux and Xorg solve in a different way. So even if the driver source is opened, it would be a lot of work to make the driver integrate well with the existing open source graphics infrastructure. And if that is achieved, NVIDIA would be facing two driver source trees to maintain instead of one, although the Linux-specific one would be considerably smaller than the generic one.

    20. Re:What Cox is saying... by denelson83 · · Score: 1

      Hey, that's why Linus Torvalds himself said, "Nvidia, fuck you!"

    21. Re:What Cox is saying... by geminidomino · · Score: 1

      What case decided that? This is the first I've heard of it.

    22. Re:What Cox is saying... by TheRaven64 · · Score: 1

      Intel had no graphics drivers. They started writing them from scratch, because they needed some. They chose to do it without licensing any third-party code and make it public. The cost of doing this was almost certainly not much greater than developing it totally in private - probably less because they got community contributions. nVidia, on the other hand, already has a massive investment in their driver. They'd need to throw that away and start again. Yes, they could do it, but what's the business case? It's something that would affect under 1% of their users and cost them a lot.

      --
      I am TheRaven on Soylent News
    23. Re:What Cox is saying... by Count+Fenring · · Score: 1

      Because that's what's happened with ATI's recent foray into OSS drivers?

    24. Re:What Cox is saying... by Count+Fenring · · Score: 1

      Correction - I guess ATI released technical specifications; but your second concern would seem to apply.

    25. Re:What Cox is saying... by sjames · · Score: 1

      They could just release the information and get the drivers for free from the existing community effort. They knew about the license requirements when they started and freely chose a dead end over the objections of the community that could have helped them.

    26. Re:What Cox is saying... by stonemirror · · Score: 1

      I suspect it must the Free Software Foundation's "Imaginary Court of Making Stuff Up" that "decided" this.

    27. Re:What Cox is saying... by Anonymous Coward · · Score: 1

      AMD and Intel are second- and distant third-raters, respectively. They have nothing to lose by opening up some of their hardware specficiations. nVidia, on the other hand,...

    28. Re:What Cox is saying... by TheRaven64 · · Score: 1

      They could just release the information and get the drivers for free from the existing community effort

      They could, but this involves producing decent documentation, which may not even exist internally, as the hardware and software are developed in tandem.

      They knew about the license requirements when they started and freely chose a dead end over the objections of the community that could have helped them.

      Some of this code was licensed from SGI, back when nVidia was founded. Back then, they only offered Windows drivers. Their Linux drivers are a port of the Windows version.

      --
      I am TheRaven on Soylent News
    29. Re:What Cox is saying... by sjames · · Score: 1

      They release the information to console makers, therefor they can release the information if they choose. They could release their own source with any 3rd party parts redacted to act as documentation of last resort. The fine Linux driver writers could do a lot with that.

    30. Re:What Cox is saying... by Audguy · · Score: 1

      Exactly!

    31. Re:What Cox is saying... by boaworm · · Score: 1

      Which requires that everything *else* in the driver be compatible with the GPL. Which...they aren't. So they can't.

      It is almost like it spreads.. like Cancer....

      --
      Probable impossibilities are to be preferred to improbable possibilities.
      Aristotele
    32. Re:What Cox is saying... by DrVxD · · Score: 1

      Which...they aren't. So they can't.

      Unless, of course, they release the source for their driver under the GPL...

      It's not beyond the realms of possibility that this is what Alan's angling for.

      --
      Not everything that can be measured matters; Not everything that matters can be measured.
    33. Re:What Cox is saying... by Tsingi · · Score: 1

      the GPL/Linux camp have been busy implementing stuff from other OS's or even concepts that were old already in the 80's(Fair Scheduling etc) yet claiming innovation.

      Can you provide a references for that statement?

    34. Re:What Cox is saying... by micheas · · Score: 1

      With the new EU energy usage rules that day may be here sooner than you think.

    35. Re:What Cox is saying... by DirtyLiar · · Score: 1

      I'm saying NVIDIA could release an open source driver, not that they should.

      I thought that you could write a program that uses GPL code as long as you did not modify it and distributed the code along with the GP Licence, or provided links to them.

      Anyway, as far as the GPL is concerned, if it's version 2, then they probably wouldn't have to worry:

      The Linux kernel is licensed under GPLv2 and that is unlikely to change.

      I believe you are both agreeing on the version of GPL used.

      The view of the kernel maintainers seems to be that loading a module makes that code part of the kernel, not a separate program and it is therefore bound to licensing rules set by the kernel.

      Doesn't this go against the entire concept of "Free Software"?
      http://en.wikipedia.org/wiki/Free_Software#Selling_free_software

      --

      THINK! It's patriotic

  21. Re:And this is why by Anonymous Coward · · Score: 1

    Why is it so important to Nvidia and the other hardware people to keep their software propietary?
    Copyright is for stuff that can be easily copied.
    They're selling cards, not code!

  22. Bullshit They Can't! by Anonymous Coward · · Score: 1

    Bullshit they can't use it! They can indeed use it. All they have to do is GPL their own code.

    It's a two way street. You can't make it oneway simply because you're feeling selfish.

    1. Re:Bullshit They Can't! by Cederic · · Score: 1

      So just dont use the code. How exactly is not using the code or conforming to the GPL worse than not using Nvidia's code or not using Nvidia's code (because they wont licence it to you anyway)?

      Seriously, do tell me. Because I'm fucking confused.

  23. Us Orthodox Stallmanites by Anonymous Coward · · Score: 4, Insightful

    There, fixed it for you.

  24. Re:And this is why by Anonymous Coward · · Score: 4, Insightful

    They simply won't use it at all, and thus graphics support on linux lags further and further behind.
    Grats on the ideological win though!

  25. Hmmm... by Ynot_82 · · Score: 4, Interesting

    Playing devil's Advocate here, as personally I agree with this (and don't let the proprietary nVidia driver anywhere near my system).
    But just for kicks, how does the recent case of Oracle trying (and failing) to claim copyright on the Java APIs affect this.

    If you cannot copyright an API, then you cannot apply a copyright license either.

    What if nVidia challenged this with exactly the same arguments that Google used with Dalvik.

    1. Re:Hmmm... by jerpyro · · Score: 2

      What if nVidia challenged this with exactly the same arguments that Google used with Dalvik.

      It won't happen because it's not worth their effort. If I can get 95% of the market with 50% of the effort, that sounds like a good business decision to me.

    2. Re:Hmmm... by Anonymous Coward · · Score: 5, Informative

      You are getting muddled. The googVorc case was if oracle could copy right the API (that is, the list of function name, their hierarchy, intput/outputs) and prevent google from doing a clean room implementation that complies with their API. In this case, they are saying NVIDIA can't make an API call _into their code_ and ship proprietary bundles linked against their GPL library. NVIDIA could do a clean-room re-implementation of the kernel if they wanted to, but that is not what is going on here.

      If you don't have the constraint that linking is derivative then the whole notion of copy-left is dead, as you can fully use any library in any application. The authors are giving you a license to use their code for free, they can put what ever restrictions on that license they want.

    3. Re:Hmmm... by Anonymous Coward · · Score: 3, Insightful

      This isn't about just the interface, but the code in the kernel that does the stuff that is exposed/called through the interface. They're of course free to re-implement that on their own w/o using any GPL'd code - but it's a bit more work than a Hello World! ...

    4. Re:Hmmm... by Anonymous Coward · · Score: 1

      The issue isn't that the API is copyrighted, it's that to use the APIs, you have to link to copyright stuff in the kernel. If you didn't need to do that, it'd be no problem. That's why there's the LGPL, which is not used in the kernel (AFAIK).

    5. Re:Hmmm... by F.Ultra · · Score: 1

      It' not a copyright on a API, nVIDIA can if they will make their own implementation of the same API and release it under whatever license they so choose. What they cannot do is to link their proprietary module with the GPL licensed parts of the Linux kernel that this API exposes. The Oracle vs Google vas an attempt to put copyright on the include file, this is nothing like what we see here.

    6. Re:Hmmm... by Guy+Harris · · Score: 1

      If you don't have the constraint that linking is derivative then the whole notion of copy-left is dead, as you can fully use any library in any application.

      I wouldn't say "dead" here, especially given that there does, in fact, exist a copyleft license that allows linking of non-copylefted code to the library. If you don't have the constraint that linking is derivative, you still can't take copylefted code, modify it, and only make the result available under a non-copyleft license.

    7. Re:Hmmm... by vovin · · Score: 1

      Most binary kernel modules are assumed to be 'not derived works' ... just 'cause nobody wants to argue about every little thing.
      This assumption nature of derived was later refined and codified by the use of EXPORT which defines the Kernel ABI which can reasonably be presumed is common to to non-Linux kernels and GPL_EXPORT which defines a 'GPL ONLY' Kernel ABI which one would call specific to Linux. The presumption is then that a kernel module using a GPL_EXPORT feature is being *written for* Linux and not being *ported to* Linux.

      In other words by DMA-BUF implies that NVIDIA is writing a driver *for* and not porting an existing driver (from Darwin or Solaris for example).

      Here is a discussion of a similar situation http://lwn.net/Articles/73121/
      Here one of Linus original statements on kernel modules: http://linuxmafia.com/faq/Kernel/proprietary-kernel-modules.html
      And here is a more recent one: https://lkml.org/lkml/2003/12/3/228

      My (hypothetical) opinion is that if NVIDIA where to show their driver on OSX and that the use of DMA-BUF was an insignificant architectural change then the would likely prevail as a non-derived work should they choose to go forward. If however the use of DMA-BUF would be a signficant architectural change then the non-derived argument would be not be easy to make.

    8. Re:Hmmm... by sjames · · Score: 1

      If nVidia wants to do a complete rewrite of the kernel from scratch and duplicate the API bit for bit like Google did when they created Dalvic, they are free to do so. Nobody has claimed otherwise. However, if they want to link their module against the existing Linux kernel, they have to obey the relevant license (GPL v2).

    9. Re:Hmmm... by epyT-R · · Score: 1

      That's what the kernel devs have done.. If your module is gpl2, it gets full source access as it can be debugged and ported as linux is debugged and ported. If it's closed, you get a subset so that any breakage in your module does not cause headaches for them or impede the value of linux. makes sense to me.

    10. Re:Hmmm... by VisceralLogic · · Score: 1

      You are getting muddled. The googVorc case was if oracle could copy right the API (that is, the list of function name, their hierarchy, intput/outputs) and prevent google from doing a clean room implementation that complies with their API. In this case, they are saying NVIDIA can't make an API call _into their code_ and ship proprietary bundles linked against their GPL library. NVIDIA could do a clean-room re-implementation of the kernel if they wanted to, but that is not what is going on here.

      If you don't have the constraint that linking is derivative then the whole notion of copy-left is dead, as you can fully use any library in any application. The authors are giving you a license to use their code for free, they can put what ever restrictions on that license they want.

      Hmm, so what if NVidia were to create their own GPL clean-room implementation of the API that simply called the kernel API? Then could they link their BLOB to that?

      --
      Stop! Dremel time!
    11. Re:Hmmm... by MSG · · Score: 1

      That's actually an interesting question. If NVIDIA wants to use the Linux API in the way that Google used the Java API for Dalvik, they would need to create a kernel that was capable of operating a computer system and supported all of the APIs that the NVIDIA binary driver used. If such a system existed, and was able to run X11 and the binary drivers, they may be able to argue that their driver was capable of operating independently of Linux and was not, therefore a derived work. NVIDIA might even be able to start with a FreeBSD or other permissively licensed system and add the Linux APIs that they wanted to use. They still wouldn't be licensed to use the implementation that appears in Linux, but it might be more difficult to successfully prosecute them for publishing source code that used a compatible interface.

      I don't think a court would fail to see such a blatant attempt to evade the obligations of creating a derived work of the Linux kernel, but I have no basis on which to predict whether they'd find such an evasion to be illegal.

  26. Re:And this is why by Night64 · · Score: 1

    My code, my rules. Don't like it? Well, make your own code then, but do not use mine!

    --
    Grey's Law: Any sufficiently advanced incompetence is indistinguishable from malice.
  27. Re:And this is why by Sable+Drakon · · Score: 1

    Intel IGPs won't ever be fit for gaming, so dedicated GPUs are always going to be around. If all you need is day to day surfing/productivity, having a dedicated GPU is pointless.

    --
    The Amarri pray for god, the Caldari pray for profit. the Gallente pray for peace, but the Minmatar pray their ships hol
  28. Re:And this is why by binarylarry · · Score: 1

    I agree but ultimately I want good 3d acceleration even if that means douche bags like Nvidia skate the license requirements.

    --
    Mod me down, my New Earth Global Warmingist friends!
  29. Re:And this is why by D.+Taylor · · Score: 5, Insightful

    No, they would have called this API from their proprietary binary blob drivers, not copied or modified the code implementing it.

  30. Re:And this is why by Serious+Callers+Only · · Score: 5, Insightful

    And if it leads hardware vendors to avoid writing sophisticated drivers for Linux (a far more likely outcome), what then?

    Why would nvidia want to deal with fanatics like this when they can just ignore them?

  31. Yes it is. Read what derived works are. by Anonymous Coward · · Score: 1, Interesting

    If I were to write fanfic for Harry Potter, this is considered a derived work, even though Rowling has only copyright on a specific expression of an idea.

    Even though I may have written 80% or more of the words myself, my "Harry Potter and the Mixed Blood Prince" will never be allowed on sale.

    If you want to include your code running in the kernel, you are making a derived work of that kernel and this is not allowed except by license of the copyright owners. Even if your additions are your own work entirely, the combination you want to produce is not.

    1. Re:Yes it is. Read what derived works are. by Anonymous Coward · · Score: 3, Interesting

      First off, use of someone's else characters in a new story is perfectly legal (e.g., see "Wind Done Gone"). You just do not have the money to fight them when they sue. Second off, writing my own code is not the same as uses someone else's characters in a story. The code is wholly 100% mine. Please read up on the copyright law before you run your mouth.

    2. Re:Yes it is. Read what derived works are. by flimflammer · · Score: 1

      Your analogy has no basis in reality. The two have nothing to do with each other.

    3. Re:Yes it is. Read what derived works are. by Dogtanian · · Score: 1

      If I were to write fanfic for Harry Potter, this is considered a derived work, even though Rowling has only copyright on a specific expression of an idea. Even though I may have written 80% or more of the words myself, my "Harry Potter and the Mixed Blood Prince" will never be allowed on sale.

      It will be, and in fact you'll clean up- *if* you change the characters' names and target the "Mommy porn" market.

      Not that *anyone* has ever done anything like that, I just have a hunch that "Barry Gotter and the Fifty Shades of Beige" would sell well. :-)

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    4. Re:Yes it is. Read what derived works are. by Keen+Anthony · · Score: 1

      You're not entirely correct, but nor is the AC above you. First off, fan fiction is clearly derivative work under copyright law. "Harry Potter and the Mixed Blood Prince" could possibly allowed on sale under Fair Use as a parody. In Suntrust v. Houghton Mifflin Co., "Wind Done Gone" was ultimately considered a critical parody of "Gone With the Wind", and its fair use claims could be defended point by point. But the case doesn't create solid precedent because fan fiction seems to be very case by case. If AC is merely retelling the same story, not doing something critically different or making critical commentary on the original, his Harry Potter could not sell. "50 Shades of Grey" is a popular derivative work. It began as Twilight fan fiction. The sadder tale is that the author plagiarized the fan fiction of other authors borrowing from other stories. 50 Shades author has developed a reputation for plagiarism in the fan-fic community. Yet, her novel is doing very well, and with the support of Twilight's author.

      It's actually hard to tell whether one could get away with using existing characters. There's two standard tests at work: "Distinctly Delineated" and "Story Being Told". The latter seems to be really difficult even for judges to work through. The first is also difficult to apply. It says that the more developed a character is, the more protectable it is. Harry Potter would be. There's a long-standing series of novels as well as supplemental materials that flesh out Harry Potter. Anderson v. Stallone, about the character Rocky Balboa, says that in certain cases, very developed characters can be protected, which would mean using that character would not be legal. On top of the copyright issues, there are the trademark issues. Decades ago, Disney went after daycare centers that used Disney characters. You could not make a Tarzan story because Tarzan was copyright protected and trademark. Also, look at Charlie Aplin, which was ruled an unfair competition attempt to deceive moviegoers into believing they were see Charlie Chaplin. Basically, this is a mess, not because of the usual problems with copyright and trademark we complain about here, but because there's a lot of issue separating a fictional character from its original story since characters tend to develop over the course of the work or are so general that they can't really exist absent the work.

  32. Re:And this is why by Anonymous Coward · · Score: 4, Insightful

    If it leads to vendor GPU drivers being developed in the open then I'm in!

    Spoilers: It wont.

  33. Re:And this is why by irwiss · · Score: 3, Insightful

    ATI driver being open is the reason it's so stable and leaves nvidia in the dust performance wise, right? Oh wait

  34. Re:And this is why by Baloroth · · Score: 3, Insightful

    If it leads to vendor GPU drivers being developed in the open then I'm in!

    Why were you upset again?

    ...because it won't, and never will, and because this is the Linux community attempting to force Nvidia to develop open-source drivers, which is just about the exact opposite of freedom. Or at least, that is what it looks like to me (hard to say, since IANAL nor do I work on the Linux kernel), and therefore is what it will look like to a lot of people. And it's why graphics on Linux sucks, forcing people to use Windows instead.

    Linux's greatest enemy is quite often itself. Which is fine, if you only ever want to use it on a server... but if you want it to be a serious competitor to Windows, it won't be. Ever. There will never be a "year of Linux on the desktop", not so long as these kinds of restrictions exist.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  35. Re:And this is why by Anonymous Coward · · Score: 1

    This won't lead to open better open source drivers. This will lead to less useful closed source drivers and even less functional open source drivers

  36. Re:And this is why by binarylarry · · Score: 1

    The Ivy Bridge GPUs are pretty serious.

    --
    Mod me down, my New Earth Global Warmingist friends!
  37. NVidia GPL kernel module by GeLeTo · · Score: 1

    Correct me if I am wrong, but didn't NVidia have a small GPLed kernel module which communicates with the rest of the driver which is platform neutral (e.g. the same on Windows and Linux) and therefore not derivative work.
    This is a bit of a gray area, but so far the Linux devs have not complained. So if NVidia exposes this functionality in their GPL kernel module in a platform-neutral way will that be ok?

    1. Re:NVidia GPL kernel module by gtirloni · · Score: 2

      Wouldn't that be a clear attempt to circunvent the license? Intent matters.

      --
      none
    2. Re:NVidia GPL kernel module by epyT-R · · Score: 1

      No, this happened awhile ago too.. The kernel devs locked off a piece of the kernel code behind the GPL that the nvidia module was using, breaking it. This tussle is more of the same, over a new kernel feature this time.

  38. Re:And this is why by tlhIngan · · Score: 1

    APIs GPL only? Seriously guys, WHAT THE FUCK?

    I thought Oracle v. Google said APIs weren't copyrightable. As such, GPL-only APIs make no sense because the API can't be copyrighted to begin with.

    Since the GPL requires copyright to work, and APIs are not copyrightable, there should be no such thing.

    Can't really have it both ways - can't have GPL-only APIs here, and have Java APIs that are completely uncopyrightable Which is it - APIs are copyrightable (and thus can be GPL-enforcable), in which case Oracle was right, or APIs are not copyrightable (and GPL is not enforcable since copyright defaults don't exist), and Google/Android is right?

    One of the thorny aspects of the Oracle v. Google.

    While the ideal use-case would be to force graphics drivers to be open, the unintended side effect may be that drivers don't use the API, and instead reimplement their own versions if they need it, or just put up with lousier graphics performance, neither of which do any good for Linux (or Android). Or graphics moves into user space.

  39. Re:So? by OldKingCole · · Score: 1

    So you get incompatible interfaces doing the same job, these interfaces will probably be closed source making a hell as every vendor will end up implementing his own version

  40. Re:And this is why by fredprado · · Score: 4, Insightful

    Apparently they think it is worth it, as they have been doing it for a while. It is all a matter of who has the power. The tech company that wants the market or the consumers. In this case it is the consumers (or fanatics if you prefer).

    Bowing to the will of tech companies is the best way to have very disgusting stuff pushed into your throat.

  41. Re:And this is why by D.+Taylor · · Score: 4, Insightful

    That is not correct. If the symbol is marked EXPORT_SYMBOL_GPL then only GPL-licenced modules can use that symbol (i.e. call the API). They are already unable to include the code in their proprietary driver, as the code is released under the GPL which already prohibits them copying the code into a non-GPL-compatible codebase.

  42. Re:Yawn. by pipatron · · Score: 1

    Well, this is not really just "some dude". His disappearance will be noticed.

    --
    c++; /* this makes c bigger but returns the old value */
  43. Nouveau? by mynis01 · · Score: 2

    What I'm wondering is, since he came out and said the little bit about using DMA-BUF with the proprietary code, and NVIDIA is starting to share specs with the nouveau devs, do you think NVIDIA might be able to help make nouveau work a bit better with optimus?

    1. Re:Nouveau? by gtirloni · · Score: 2

      It makes sense. NVIDIA might realize what a great hassle it is to continue developing their proprietary driver because 1) they can't use the cool new stuff in the Linux kernel and 2) they have to disclose their code if they want to do use that..... so they can avoid all that legal nightmare by contributing to the nouveau driver instead. Sounds reasonable to me, specially since end users think the proprietary drivers are nice but everytime they break upon a kernel upgrade... there is a lot of cursing so nouveau, even if it's not optimal yet, looks like a better alternative in that front. Death to binary blobs :-)

      --
      none
    2. Re:Nouveau? by mynis01 · · Score: 1

      Don't get me wrong, I use the binary blob on my desktop and am very satisfied with it. But on a laptop with Optimus, I wouldn't even bother trying to use VDPAU and stuff like that under Linux. You'd think if they had an opportunity to just pass the problem off to the Nouveau devs and wash their hands of it they would be all over it. As it stands, I would never purchase a laptop with an Optimus setup in it, despite the continual improvement in bumblebee that I keep hearing about.

  44. Re:And this is why by smooth+wombat · · Score: 3, Interesting

    If you want good 3d acceleration, then write the code yourself. Isn't that the Linux mantra, "You can always write your own code."?

    Wait, you're not a developer? You can't code? Awww, sucks to be you.

    Now you know how everyone else feels who tries to use Linux to get something to work and is told either to roll their own code or RTFM.

    If this is to become "The Year of the Linux!"*, the folks managing the packages need to make some hard decisions on how to proceed, otherwise this situation will keep coming up over and over.

    * From Cletus, the slack-jawed yokel. Similar to saying, using these here internets.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  45. The easier solution. by sidragon.net · · Score: 1

    NVIDIA stops developing the Linux driver.

    1. Re:The easier solution. by ledow · · Score: 3, Interesting

      I predict that would work about as well as denying Linux use of BitKeeper.

      All it would do is actually provide the incentive for someone to pump more work into nouveau rather than use something that "just works" but which has been taken away from them.

  46. Re:And this is why by Unknown+Lamer · · Score: 5, Informative

    The Intel drivers are a better example: they are rock solid, Intel has contributed tons toward advancing the graphics stack, etc. AMD has maintained a split development effort: hiring external companies and providing some docs for the Free drivers, all the while putting their main development effort into their proprietary FGLRX driver. I suspect that's the real reason their drivers are kind of crap.

    --

    HAL 7000, fewer features than the HAL 9000, but just as homicidal!
  47. Re:And this is why by HornWumpus · · Score: 1

    Underlying implementations of Java were also copyrightable. Didn't change the fact that the interface is not.

    They are changing Linux into what it's critics charged it with being. A virus.

    Soon any application that calls any Kernel function will 'have to be GPL'.

    Watch BSD become the open source gaming platform. Will it be the year for BSD on the desktop soon?

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  48. Re:The patents don't disappear when you show code by binarylarry · · Score: 1

    It's an interesting idea.

    If Nvidia was forced to either reveal their "trade secrets" (i.e. IP that is valuable but not patentable) or not sell products in the Linux, or more importantly, Android Linux ecosystem.

    I wonder if they'd find a way to open source them at that point? I bet they would.

    Before Android, Linux didn't really have a big club to beat Nvidia with. If Linux et al went after them for infringement, Nvidia could just take their ball home and it'd be a much bigger loss for the Linux community than Nvidia.

    But now with mobile being so important, could Android be used to force Nvidia to stop being douche bags and open up? Could it be that fiscal club of smiting?

    --
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  49. Re:And this is why by Sable+Drakon · · Score: 1

    Compared to a GTX560+/650+ or HD5770+/6750+/7000+, they're not. The only good thing about the Ivy Bridge IGPs is it means you don't need dedicated video for HTPCs. You'll still need dedicated graphics for gaming. Keep in mind, there are a few games out now that make a GTX460 the minimum to play. Playing these new games at their lowest settings and 25FPS isn't exactly fun.

    --
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  50. Re:And this is why by binarylarry · · Score: 1

    Actually, I am a developer.

    That's why I know how hard reverse engineering a very complex device like a modern GPU is and why my hat is off to the nouveau devs.

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  51. Re:The patents don't disappear when you show code by Shinobi · · Score: 1

    It's more like the classical mob protection racket "Why, nice business you have there.... would be a shame if we wrecked it... unless you hand over a lot of goodies to us that we are too lazy or incompetent to earn honestly"

  52. Re:It would still become a derived work of the ker by crankyspice · · Score: 2

    Isn't the Linux kernel and its API expressly exempted from the viral nature of the GPL? Per the COPYING file: “NOTE! This copyright does *not* cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does *not* fall under the heading of "derived work".”

    --
    geek. lawyer.
  53. Re:And this is why by Anonymous Coward · · Score: 5, Insightful

    Okay, great, if the world was perfect you'd have a great day! Yay!

    But, what if this change means that nVidia and all ARM graphics drivers come up with their own non-GPL kernel API, it would probably not be compatible with DMA-BUF, and that means that the graphics drivers in the Linux kernel - both open source and not - would pick and choose which buffer sharing mechanism they support/use, leaving the rest out in the cold. This situation just so happens to negate the ENTIRE purpose DMA-BUF was created for, namely, to act as a SINGLE way for ALL drivers to share and pass buffers around. So, instead of creating a BETTER situation where all graphics drivers are compatible with each other (even the proprietary ones), we have a crappy situation that we've continued to have since day one - proprietary and open source graphics driver not playing nice with each other.

    It's even in your short term and long term best interests to get everybody to use DMA-BUF, because the faster that happens the easier it is to use Linux, the more people start to use Linux, and Linux users slowly start to become more and more relevant to driver manufacturers to the point that, like Mac users, they become a profitable segment of the computer using population (note that this is both for desktop users with nVidia cards, or short term uses, and all ARM drivers for embedded devices which are becoming more popular, or long term uses), and graphics developers start to support them as best they can (read: supporting open source driver development).

    While this is happening - in other words, while the world is ruled by proprietary graphics drivers because the open source ones suck (as is currently the case, and although it's improving is likely to continue to be the case for at least another two years), you can have your Left 4 Dead 2 on Linux with the proprietary nVidia driver that it needs, you can have lower power usage on all Linux laptops because Intel and nVidia cards can share buffers and therefore change which card is actively processing depending on what is running, and you can actually have useful drivers for all embedded devices until open source graphics drivers are available (whenever that happens, as it is barely on the radar of developers at this point).

    So, you (and Alan Cox) can be complete dicks about this and hold the Linux desktop and Linux embedded devices with decent drivers back for years because nobody bothers to support such a tiny market with open source drivers, or you can allow proprietary graphics card manufacturers to keep their hold on graphics drivers for a few years and keep the vast majority of users happy because they have a device that works well enough (even though it doesn't have open source graphics drivers) UNTIL the community develops open source drivers themselves.

    So, what's more important to you, possibly helping proprietary vendors temporarily and helping desktop and embedded users out tremendously for the next few years; or keeping your kernel untainted by proprietary crap, unhelpful to proprietary vendors, and keeping the kernel the same mess it has always been, and pissing off the vast majority of desktop and embedded users for years?

    I would argue that Valve is only porting Steam and their games to Linux because the nVidia graphics drivers exist (because their games require OpenGL 4+, which isn't supported, and will not be support for years, by open source drivers). And yet, them porting their AAA title games is going to tremendously help Linux break out of its insignificant shell on the desktop - which will drive adoption, drive demand for Linux, and ultimately drive the demand for open source drivers anyway.

    So, take a deep breath, calm down, and just accept the fact that allowing something to be temporarily imperfect in your world is a good trade off to make to have a much better world a few years from now.

    Furthermore, DRI3 (the userspace API) will become dependent on DMA-BUF once it is developed, which means that DMA-BUF will become a usersp

  54. It's a simple paradigm shift by barryvoeten · · Score: 1

    Pretty obvious the linux crowd can't convince the lawyer-marketing team. They speak a different language. In their dictionary "cooperation" does not exist. They know competition, and that is all there is.

    We don't need these competition suckers anyway. That paradigm is just blocking real progress.

  55. Re:And this is why by Artraze · · Score: 1

    So what? Now, instead of taking the code and producing better though still closed drivers, we are left with either worse drives or a significant duplication of effort. Good job GPL?

    Licensing and open sourcing are complex issues. Simply put though, I don't think there is a single significant project in the world that would become GPL for want of a GPL library. Sure, a project might go GPL and some GPL code might be part of that, but releasing source _and_ giving free, irrevocable license too it is not a simple decision. There's a reason the LGPL exists, despite RMS's ideology: no library is worth re-licensing your application over. So this is exactly why it's BAD: You come up with a solid solution to a problem that people could use, but you waste it by only letting people use it if they play by your rules. You have nothing but a hollow ideological victory. (Hollow because one of the big ideas/benefits of free/open source is to have that one solid solution to a common problem so people don't have to reinvent the wheel.)

    Which isn't to say that the GPL is bad for applications or Linux, but get a little perspective here: nvidia isn't going to GPL their drivers because of this, so it becomes just another neat toy in Linux that will ultimately atrophy waiting for someone to really use it.

  56. Re:And this is why by Anonymous Coward · · Score: 3, Insightful

    Bowing to the will of tech companies is the best way to have very disgusting stuff pushed into your throat.

    You need to chose your fights carefully. If this was about forcing a 10G network adapter to release it's code as GPL, I would have supported it 100%. No NIC vendor can afford to ignore the Linux server market.

    On graphics though, Linux has very little leverage. The mere fact that nVidia delivers a huge blob that barely works is a big red flag. Adobe dropping Flash is another. Beggars can't be choosers. So even if you support the ideology, it's a lame move to further it, you amplifying the snowball effect against Linux. I can accept it's technically unfeasible to gather all those approvals. But to reject on ideological grounds is like trading a queen for a pawn.

  57. Re:So? by Anonymous Coward · · Score: 5, Insightful

    Are you hating or just misinformed? NVIDIA ranks second in terms of total lines changed for the ARM kernel, and fourth in terms of number of changesets for all employers or organizations. That's sharing.

    The only thing they don't share is their graphics drivers - which seems like a fair trade overall. nVidia has licensed patented code which they couldn't share even if they wanted to.

    NVIDIA will likely just build their own DMA memcpy routine - because copying memory is SOOO unique.

    Full disclosure: I develop (unrelated) proprietary kernel modules, I'm very familiar with the licensing, patent and copyright issues and we work within the GPL limits defined by the kernel team.

  58. Re:The patents don't disappear when you show code by countach · · Score: 1

    Perhaps I don't understand, but it sounds like NVidia will work without this feature, just more slowly. I doubt they need Linux to have the last ounce of performance so badly they would release their IP.

  59. Re:Purity vs Relevance by Bill,+Shooter+of+Bul · · Score: 1

    HURD has no users because HURD was rewritten a gazillion times for different microkernels. It has never been stable, much less attractive to any non os geek.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  60. Re:And this is why by countach · · Score: 1

    Well.. they did write the code, so... maybe they have a right to their own ideology for their own code? If you want to say, all copyrights be damned... fine... but then NVidia's code would also be uncopyrightable.

  61. Re:And this is why by binarylarry · · Score: 2

    If Nvidia wants to use the Linux kernel, they need to abide by the license rules.

    Otherwise it's like saying bank robbers are the good guys, because people need money and the banks are trying to enforce their ideology on everyone.

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  62. Re:And this is why by crankyspice · · Score: 1

    Because they include a lot of patented stuff (including algorithms) in their hardware that would be exposed if the full source code for the drivers was available, and they legally are not allowed to permit that.

    Bzzt. In order to get a patent in the first place, you have to describe the process you're patenting in sufficient detail so that a practitioner of ordinary skill can implement the process (when the patent expires). Thus, the public domain is enhanced by the (delayed, but inevitable) inclusion of your (temporarily exclusively yours, but eventually "the world's") patented process.

    They might, however, have trade secret algorithms that may not necessarily be patentable (or the useful life of the TS is expected to outlive a traditional patent), that they may wish to protect.

    They may have third party code that they cannot (re)license under an open source license.

    Who knows what their rationales are...

    --
    geek. lawyer.
  63. Re:No way!! NVidia used GPL code?! by Anonymous Coward · · Score: 1

    Settle down, techno-ignoramus. They asked to use an API marked as for GPL modules only under non-GPL terms and were denied. No GPL violation occurred. All that's going to happen is that nVidia will just have to leave out this feature in their Linux drivers until they get around to writing their own version, if ever. Sucks to be you.

  64. Re:Purity vs Relevance by Cid+Highwind · · Score: 1

    BSD/Apache/MIT is all the rage these days.

    Yeah, you can tell by the way so many supercomputing clusters, Android phones, TVs, your home router, etc. have switched to a BSD kernel.

    Oh wait...

    --
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  65. Re:And this is why by Shinobi · · Score: 1

    The point is, they are deliberately making changes to force others to comply, even non-derivative works. At that point, they've become a dictatorship

  66. Re:And this is why by fredprado · · Score: 2

    Say this again when NVIDIA GPUs stop being picked for android mobile devices...

  67. Re:Purity vs Relevance by bmo · · Score: 1

    > Interesting that BSD/Apache/MIT is all the rage these days.

    Really?

    The only place I see that is the trollfest that is /g/.

    --
    BMO

  68. Re:It would still become a derived work of the ker by KiloByte · · Score: 4, Insightful

    User programs, not in-kernel drivers.

    --
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  69. Re:The API isn't GPL. Using the kernel code is. by crankyspice · · Score: 4, Interesting

    derived works definition for software.

    Which is what, exactly? I'm a copyright attorney who has studied computer science at the post-graduate level (and am a Tau Beta Pi member), and I still can't give you a coherent, comprehensive definition for 'derived work' in software that's applicable throughout the whole of the United States, let alone internationally. The GPL is a clusterfuck in that respect, and it's never been considered by any authoritative (i.e., Federal Circuit level) court...

    --
    geek. lawyer.
  70. Also opening up their code isn't simple by Sycraft-fu · · Score: 5, Interesting

    They have many licensed components in their code. So they have to remove all that and rework it, and do it in such a fashion as to not get sued by those companies (who might claim that the nVidia programmers couldn't work on the new code since they'd seen the licensed code). This isn't just some more minor features such as S3 texture compression, but OpenGL itself. Go look it up, OpenGL isn't a free "do whatever you like" setup. There is licensing for it for companies like nVidia.

    Even worse is that because the issue isn't just opening the source, but actually GPLing it, that makes it so much harder. Some of their licensed components are things the companies might be ok with source distribution. However nVidia doesn't have the right to relicense that code under the GPL. So even if they opened it, it wouldn't do any good as the GPL is what is required here.

    So the argument of "just open the driver" is somewhat unrealistic. It isn't just that nVidia likes to have a competitive edge, though they surely do, but that it would be a major issue and a lot more work to try and do so, if it were even possible.

    Again, take the OpenGL issue since it is a pretty fundamental one. nVidia licenses the code and has the latest OpenGL 4.3 implemented on cards that support it. Ok so let's say they decide to grab the Mesa code for an OSS branch. It's MIT license which is GPL compatible so good to go right? Well, not really. Mesa is OpenGL 3.1, 3 years out of date, and it only recently got that. So they can either deal without a bunch of features on all platforms, have two different drivers one full featured on Windows and such, one with less features, or they can invest a ton of work to try and make their own up to date OSS OpenGL implementation and hope they aren't sued.

    None of those sound like very good uses of resources.

    1. Re:Also opening up their code isn't simple by Anonymous Coward · · Score: 1

      Well the licensing for OpenGL doesn't sound quite how you describe it : http://www.sgi.com/products/software/opengl/license.html

      "Provided the distributor (a current level 3 licensee) is willing to sign a Retro Agreement with SGI and change the copyrights on the code to the open source copyrights (and then submit the code to SGI for inspection), the distributee does not have to be a level 2 or level 3 licensee."

      "New open source licenses of the OpenGL S.I. can freely distribute source and modified source within the liberal terms of the open source license."

    2. Re:Also opening up their code isn't simple by 10101001+10101001 · · Score: 1

      They have many licensed components in their code. So they have to remove all that and rework it, and do it in such a fashion as to not get sued by those companies (who might claim that the nVidia programmers couldn't work on the new code since they'd seen the licensed code). This isn't just some more minor features such as S3 texture compression, but OpenGL itself. Go look it up, OpenGL isn't a free "do whatever you like" setup. There is licensing for it for companies like nVidia.

      So, nVidia shouldn't do all that rewriting because there's all that patent risk? Funny. Last I checked, the Linux kernel was full of code that was quite clearly patented*, yet it continued to be redistributed rather broadly. Really, foisting a "clean"--maybe really, maybe not but only because of patent trolls-driver on Linux developers (or Xorg developers)** to maintain would relieve a lot of the potential risks. I mean, hell, for years Mesa wasn't OpenGL compliant precisely because of the rather obtuse licensing requirements. That didn't stop people from treating Mesa as de factor OpenGL on Linux.

      Even worse is that because the issue isn't just opening the source, but actually GPLing it, that makes it so much harder. Some of their licensed components are things the companies might be ok with source distribution. However nVidia doesn't have the right to relicense that code under the GPL. So even if they opened it, it wouldn't do any good as the GPL is what is required here.

      So, nVidia is beholden to various others who at a whim can really do whatever they please to manipulate nVidia to their own designs. Sure, most the time that's just a matter of trying to maximize money from them. But, really, nVidia should be striving to decouple itself from such entities on the face of it, even if it were guaranteed to be nothing more than a really cheap recurring licensing fee.

      So the argument of "just open the driver" is somewhat unrealistic. It isn't just that nVidia likes to have a competitive edge, though they surely do, but that it would be a major issue and a lot more work to try and do so, if it were even possible.

      Look at OpenSolaris for an example of how it is quite possible to open source a much larger project. Look at Java for the same. Now, it could be argued that these things killed Sun's competitive edge. I'd argue that Java did in part, as it focused on write-once-run-everywhere and Sun's main focus is/was hardware. The same could be said for Solaris, for which the whole OpenSolaris project started precisely because Linux was seen to have a competitive edge being (a) run on many platforms that (b) when it was used on Sun hardware rather made Solaris redundant. I think there was some perverse hope that Sun could unburden itself of Solaris development by making it open source. But Linux already served that role and the current Solaris users didn't want to be burdened with maintaining the whole OS as well just to keep using the hardware.

      And that's the fundamental point. Sun's competitive edge for a long time was their hardware, not their software. Yes, their software helped facilitate that hardware's potential and for a long time there wasn't any real competitors in that field as well. But, in the end, people were buying Sun hardware--with some lock-in because of Solaris-only software. But Sun made server hardware--their desktop/workstation share were eaten by Windows--and PCs/Intel simply killed them in that field. Now, if Sun had managed to actually keep progressing on the hardware, the story would be very different I'm sure.

      Well, that's it. Just replace "Sun" with "nVidia" and "Intel" with "AMD" and you've got your current situation. nVidia's competitive edge, when it has one, is its hardware. Drivers facilitate that. People don't buy nVidia for their drivers any more than people buy AMD for their drivers--especially true given the poor reputation of AMD drivers yet t

      --
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    3. Re:Also opening up their code isn't simple by sjames · · Score: 1

      So you're saying the driver is a big steaming pile of proprietary licensed bits and pieces duck taped together? And that in spite of managing just fine for several years they now must have the whiz bang or they can't make a decent driver?

    4. Re:Also opening up their code isn't simple by tweak13 · · Score: 1

      Go look it up, OpenGL isn't a free "do whatever you like" setup. There is licensing for it for companies like nVidia.

      I decided to do exactly that. This is from their licensing website.

      The following are the currently available licenses:

      Open source license, for use of the S.I.. This is a Free Software License B closely modeled on BSD, X, and Mozilla licenses.

      Trademark License. for new licensees who want to use the OpenGL trademark and logo and claim conformance. This license is available free of charge if you are developing open source implementations on open source platforms. For closed source licenses or licenses on proprietary platforms, a charge will be associated with a trademark license.

      Emphasis mine. There's also a note on the page that former licensees can open source their code and no longer need a license. If you're making an open source implementation, OpenGL seems pretty open.

    5. Re:Also opening up their code isn't simple by mrchaotica · · Score: 2

      Good job... now give us all the excuses about why Nvidia can't give documentation to the Nouveau devs, please.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:Also opening up their code isn't simple by Gouyoku · · Score: 1

      "They have many licensed components in their code." Company went with proprietary solution and is facing problems because of it. News at 11.

    7. Re:Also opening up their code isn't simple by fish_sauce · · Score: 1

      Is nVidia own damn fault for not thinking ahead always taking the easy, cheap and cheat their way through. Using thirdparty code that have bad licensing.
      nVidia wanted to make a linux driver but they didnt thinkg it through. Linux means and is open source. They should have figured out that they should have made the driver open source friendly to begin with.

      nVidia shot themselves in the foot when they created this unhealthy ecosystem of licensing mess.

      In my experience using thirdparty code under license is always bad and when the company goes under you cant do anything about it. You are back to the beginning and are yet again forced to find an alternative or actually do the real work and develop the code yourself.

      Although these days with a messed up patent and law system i have given up. Now i do not give a crap about what license the code is under or what patents protect the code. I will use it anyway. Patents are bullshit and they hinder creativity and human tech development.

      Patents are supposed to be a sort of movie credits system, but assholes like microsoft and apple have misused the system. So here we are. And no one stopped them from misusing the system in the first place.

    8. Re:Also opening up their code isn't simple by fish_sauce · · Score: 1

      OpenGL issue
      That is a good example of how cooperation failed. Companies stole the code. Updated it than failed to give back (Send the updates up stream).

      Making an operating system is all about cooperation and if somebody fails at that intentionally the whole system fails.

      Greed destroys it for everyone. You cant get around that no matter how hard you try.

      Which is why, if a disaster happens and i get stuck with a group, i would kill the greedy people in the group because they would destroy it for everyone. (Think cancer)

    9. Re:Also opening up their code isn't simple by 10101001+10101001 · · Score: 1

      Well, the Microsoft EFI FAT32 File System Specification (which admittedly isn't the patent itself and may not extend to UEFI) and the language covering its use seems to be specifically of the "you can only use this for EFI itself" type. Ie, even if Linux was used as the boot loader and running kernel--which it rarely is, as usually lilo/grub/whatever is used for boot and when Linux is used as the boot loader it tends to hand over control to a second, newer kernel version--, it'd seem to only allow LFN patent protection for the actual booting process itself. It specifically says "[for] example, you must obtain an additional license in order to create a file system for reading or reading and writing FAT32 in digital cameras recording to flash media, in computer operating systems reading and writing internal/external hard disks or flash media, or in set-top boxes reading FAT-formatted media."

      That isn't to say you're wrong. It's just that I can't readily find any other information to collaborate your claim. More to the point, LFN was just a very well known example. During the whole SCO trial thing, it was made pretty clear that Linux almost certainly violates at least *some* patents--and possibly a lot, over 250. Yea, the issue was majorly downplayed by those in the OSS/FSS community and the real risks of patent infringement is often rather small in itself--as a lot of companies aren't interested in generating a lot of bad PR while potentially opening them up to counter-suits which contain just as legitimate complaints. The whole TomTom affair did really virtually nothing to further MS's interests--it did little to slow the adoption of Linux and since MS wasn't competing directly in GPS devices... Of course, patent trolls are a whole other beast since they're just looking for money, but then that may well be blood from a stone.

      So, the over reaching point would be that patent trolls who could already be suing Linux developers aren't likely to suddenly start just because nVidia released a driver. And the other interests--Intel and AMD--are generally just as much a target for counter-suits by IBM or Google--huge supporters of Linux. That isn't to say there shouldn't be effort to step lively upon known patent issues that resulted in court settlements--as the risk there is the court not taking too kindly to ignoring court orders. But, it is hard for me to believe that those settlements are sufficient blockades to releasing an open driver. Yea, I can them being performance stumbling blocks--not unlike how arithmetic coding for compression being patented is (was?) a stumbling block. But, even that would likely be a matter of a small performance degradation, not a large one. Ie, it'd be far from the most optimal situation for the end user in many ways, but it'd be a huge step forward compared to the current state of affairs for a lot of users who won't or can't use the proprietary drivers nVidia provides.

      --
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  71. Re:And this is why by clarkn0va · · Score: 4, Insightful

    GPL licensors demand that others don't redistribute GPL code as their own. Proprietary licensors demand that others don't use their code at all without their express permission, full stop. Who's the fanatic here?

    --
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  72. Re:And this is why by AvitarX · · Score: 2

    Google used the apis and re implemented the code.

    if nvidia wants to re write linux with the same apis, they are welcome to.

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  73. Shim the damn thing by Urban+Garlic · · Score: 2

    So obviously Alan Cox is much more of an expert than I am, but I've installed the binary nVidia blob on many, many machines, so I'm aware that there is a "shim" interface layer that gets built at install-time to bridge between the closed-source nVidia stuff and the actual kernel. This shim is visible, obviously you can *read* it if you unpack nVidia's installer, and it uses kernel header files at build-time.

    It seems that this has to mean that there is already a way to get closed-source binary blobs to talk to the kernel, and that nVidia already knows how to do this.

    Can someone explain why this is different? Why can't the DMA-BUF code be part of the shim, or part of a different shim? It's technically more complex, but I can't believe that nVidia of all people are slowed down by some technical complexity.

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    2*3*3*3*3*11*251
    1. Re:Shim the damn thing by MSG · · Score: 1

      The shim can only call non-GPL-only APIs in the kernel.

      Code on Linux, whether it runs in kernel space or not, calls Linux kernel functions. In order to differentiate what will and will not be considered a "derived work" of the GPL licensed kernel, some APIs are specifically designated as being non-public. These interfaces do not appear in non-Linux operating systems, and developers cannot claim that code which uses those interfaces will function independently of Linux. If the code cannot function independent of Linux, it is a derived work under the terms of the GPL.

      Public interfaces, for comparison, do appear in non-Linux operating systems. Bash can operate on FreeBSD because FreeBSD supports the APIs used by Bash. Bash, therefore, can function independently of Linux and is not a derived work.

  74. Re:And this is why by Shinobi · · Score: 1

    No, that's you trying to turn it around, with an inane comparison. And you haven't understood it either.

    It's an API, not a full-blown code implementation that's copy-pasted, yet the Linux kernel guys are trying to force it upon non-derivative works. If it had been a library or something, it'd have been one thing, but as said, this is an API.

  75. Re:So? by peppepz · · Score: 5, Insightful

    No, this is why linux exists in the first place.

  76. Re:And this is why by edwdig · · Score: 2

    Without the GPL, they would have just used the existing implementation.

    With the GPL, they're going to have to recreate the functionality themselves. Their implementation will probably be closed source. They might consider contributing it to the kernel with more permissive licensing terms, but considering how Alan Cox reacted to their request, I doubt it would be received well. Now we'll have duplicate, incompatible functionality being maintained by the kernel devs and NVIDIA. Either that, or NVIDIA will simply do without the feature and release inferior drivers.

  77. Re:And this is why by u64 · · Score: 2, Insightful

    Nothing *forces* Nvidia to write drivers at all. It's their own choice.

    GPL is a protection against abuse. The only freedom-restriction is that people are disallowed to abuse the freedoms granted by GPL.

    Nvidias propriatary software *IS* the exact opposite of freedom for anyone silly enough to use it.

    As for quality of software being better on Windows, that's sadly true sometimes. GPL won't change, it's practically set in stone to guarantee freedom. Nvidia however, can choose to create free drivers, just as many others do. Blame Nvidia for failing to meet the costumers needs.

    (IANAL, but i think i'm in the ballpark)

  78. Re:And this is why by rs1n · · Score: 2

    If NVIDIA were the only GPU makers then your concern would make for a stronger point. However, there are other GPU makers: ATI and Intel for example.

  79. Re:And this is why by PlusFiveTroll · · Score: 4, Insightful

    Linux has a license (GPL) that states some requirements on what you can and can't do with it, this license is wrote that way so the code will remain free. This is an ideological ideal and not a business ideal, therefore they clash. It protects against companies like Microsoft doing 'Embrace, Extend, Extinguish". Evidently you like the idea of a world where a few patent holders control our computing technology. True freedom is also allowing the biggest, baddest, and meanest to set the law. True freedom is allowing business interests to take chunks of Linux wrap them up in binaries and keep them hidden away from everyone the community that built it. True freedom is a person busting in to a house with a gun, killing everybody, and taking what they want without any worry of law.

    The GPL is preventing that corporate psychopath from taking what he wants with his power and instead establishes a level playing field.

    It seems odd you want 'Linux' to become Microsoft to beat Microsoft, I don't see how anybody gains anything in the end.

  80. Re:Android on ARM by Wesley+Felter · · Score: 4, Insightful

    Android developers don't care about desktop Linux and are willing to fork anything that gets in their way. They've done it before.

    Android will end up with 3D that works fine; it will just be based on different APIs than desktop Linux.

  81. Re:And this is why by Rockoon · · Score: 3, Insightful

    The Ivy Bridge GPUs are pretty serious.

    According to Intel and fanboys, sure. Not according to benchmarks.

    My current video card was released in late 2007 and was ~$250 upon release so wasnt even top notch at the time, and I significantly down-clock it to keep its fan quiet.

    It still delivers nearly twice the FPS as Intels flagship HD 4000 Ivy. So we are talking about a down-clocked 5 year old mid-range video card that is still beating up Intels greatest offering ever.

    Try again, fanboy.

    --
    "His name was James Damore."
  82. Re:And this is why by Ostracus · · Score: 1

    I have BSD on line one. They would like to have a word with you.

    --
    Shai Schticks:"You don't make peace with friends, you make peace with enemies"
  83. Re:And this is why by davydagger · · Score: 1, Insightful

    "...because it won't, and never will, and because this is the Linux community attempting to force Nvidia to develop open-source drivers"

    laughable. we keep on hearing how open source/free softwar developers are incompetitant nin-compoop basement dwellers. Except when corporations want to use Free software in their closed source programs, then its the Free software authors making breakthroughs who are wrong. See if these closed source lackies are so better, why don't they just re-implement the ideas from scratch like FOSS does with priopretary software.

    "which is just about the exact opposite of freedom".
    The only "freedom" we are taking away from nvidia is the freedom to take other people's freedom away. Irony?

    What needs to happen is nvidia needs to open source its drivers, like intel does. Intel drivers are far more stable. even open source nouveau drivers are far more stable(albiet feature incomplete, poor 3d performance, no power management, no OpenCL support). The very least is nVidia can release the specs to the noveau team so they can make a feature complete driver.

  84. Re:And this is why by jones_supa · · Score: 1

    Now you know how everyone else feels who tries to use Linux to get something to work and is told either to roll their own code or RTFM.

    And even if you are a programmer and want to fix some random bug, it takes a lot of time to get familiar with that particular code, to set up a proper compile/test environment, etc. To me it seems that bug fixing is usually only viable to those who are the actual routined developers of the project in question.

  85. Re:It would still become a derived work of the ker by MickyTheIdiot · · Score: 5, Insightful

    Please don't echo the Microsoft buffoonery of calling the GPL "viral".

    If it's viral it's a virus you choose to contract.

  86. Re:It would still become a derived work of the ker by DarwinSurvivor · · Score: 4, Insightful

    Also, from what I understand in the GPL, that notice isn't an excemption added to the GPL, it is a notice that simply clarifies what is already in there.

  87. Re:And this is why by vux984 · · Score: 2

    There will never be a "year of Linux on the desktop", not so long as these kinds of restrictions exist.

    And without those restrictions there will never be a "year of linux on the desktop" because after you bolt enough proprietary stuff onto it it's not really linux anymore, and the whole point of having an open source operating system will have been entirely subverted.

    Linux's greatest enemy is quite often itself.

    Not really. Its greatest enemy are those willing to compromise on the ideals for convenience or marketshare.

    To use a car analogy; suppose I started a car company with the goal of releasing an affordable all-electric emissions free vehicle. Sounds great. But the range is kind of low, and its a hard problem to solve.

    We could install a diesel engine in it, which is inexpensive and gives us the range we want. Sure it subverts the entire idea of making an all-electric emissions free vehicle... but hey did we want to get a car to mass market this year or not?

    Richard Stallman's fierce stance on freedom may be seen as a hindrance to Linux adoption by many; but he's the guy drawing a line in the sand saying "No, you can't put a diesel engine into the all-electric emission free car because."

    He, and the people who draw a line in the sand are the ones that ensure Linux can exist in a meaningful way at all.

  88. Re:So? by peppepz · · Score: 5, Informative
    NVIDIA only shares the stuff they're forced to share by virtue of the GPL. The lines they added to the ARM kernel are there only because they were forced to release the core changes needed to support their ARM SOCs.

    A couple years ago, back when they had the upper hand, NVIDIA did not even open up the drivers for their ethernet chips, $DEITY knows what trade secrets could have been hidden in a ethernet driver.

    Also, don't say that they're not opening the code because it's licensed by third parties: they don't even release documentation for their chips. The truth is that they don't care about open source, and will behave only when forced to.

    Full disclosure: Linus Torvalds develops the linux kernel, he's very vamiliar with the licensing, patent and copyright issues and relationships with NVIDIA, and sent them to "fuck themselves" (sic.).

  89. Re:And this is why by sl149q · · Score: 1

    The point is, does Nvidia consider the Linux market for their hardware big enough to justify open sourcing their drivers making it easier for their competition to see what they are doing.

    For the desktop market Linux doesn't have enough penetration to seriously impact their sales. A slightly slower driver will be sufficient for most people and the number additional sales by having a GPL'd driver is probably not enough to make them GPL it.

    Remember they consider that a GPL driver in Linux will impact their sales in the Windows market where they actually do make money.

    Android may change this if it becomes a significant driver for sales of Nvidia parts.

  90. Re:And this is why by davydagger · · Score: 1

    and then will turn around and repeat the FUD about how their closed source project is better, while relying on open code.

    the GPL prevents corporate smack talkers from being hypocrites.

    it also allows for the "open source" model of business, because instead of suing to keep people from copying you, you can sue for the right to use their innovation. Hence competition happens at a much faster rate, and a bunch of smaller companies can all work together and sell the same product of which they only develop pieces.

  91. Ya pretty much by Sycraft-fu · · Score: 1

    Ultimately all it will do is lead to nVidia not supporting Optimus on Linux. People need to remember that their "give a shit" index for Linux is way less than Windows to begin with. Then understand that most of their market in Linux is high end stuff like visualization workstations, CUDA compute systems, and so on. Linux laptops are not a big thing. It just is not a large enough market for them to care all that much.

    So what that means is that they might well support it, if they can do so with a reasonably small amount of resources. However if it ends up being a real problem, they'll probably just write it off and not bother.

    The ideological crap with regards to the GPL pisses me off. I think it is wonderful that LInux itself is GPL, however they shouldn't be hostile to non-GPL software. To me it would be as stupid as Windows refusing to allow an open source driver or program to run. There is no reason Linux shouldn't have a good setup to work with binary only drivers.

    Developers need to understand that to most people, computers are tools and they are pragmatic about it. They want the tool that does the job well. So if you go and let ideology get in the way of usability, they'll just ignore you and look elsewhere.

    1. Re:Ya pretty much by snadrus · · Score: 1

      But NVidia is writing drivers, not software, so GPL is beyond anyone's choice at this point. And they're very interested in the rapid-growth ARM Phone/Tablet space where this applies. MS/Apple serves "consumers" who never want to [own|trust|understand] their tools.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
  92. Re:And this is why by peppepz · · Score: 3, Insightful
    Because those fanatics happen to have written a seriously good kernel, which is being used by millions of people and hundreds of successful commercial companies.

    NVIDIA are the outliers here, everyone else is doing the good thing.

  93. you got your backwards backwards by IBitOBear · · Score: 5, Insightful

    Linux developers are not trying to "force" anybody to do anything. Nvidia is trying to force the linux community to accept their unacceptable "super secret" blob into the kernel agains the linux community's development and participatation standards.

    If I showed up on your doorstep and said "you have to let me use your bathroom and your kitchen, but I am not going to wash my hands or put on pants" you would not be "forcing" me to (anything) by saying that my intended pantless, unwashed use of your facilities was unacceptable.

    The Linux community is telling nvidia "we use soap and pants here, if you won't do likewise, we don't feel like accomodating you."

    Nvidia _knows_ they want in, otherwise they wouldent be trying to get in, Linux Don't Care if they come or not, but if they come they need pants...

    Requiring someone to meet minimum standards for participation is not "forcing them" to do anything,

    No pants, no access is not an unreasonable position.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:you got your backwards backwards by Richard_at_work · · Score: 1

      Nvidia doesn't have to "force" the Linux community to do anything - the Linux community give more of a fuck about having Nvidia support on Linux than Nvidia does about the small Linux market for its goods. All Nvidia are doing is saying "use it or don't use it, but don't pretend you are all that important to our bottom line".

      What the Linux community is doing is demanding that the popular guy from high school comes to their party, but at the same time demanding that they can dictate what the popular guy wears, drinks and who he talks to if he does come.

    2. Re:you got your backwards backwards by IBitOBear · · Score: 1

      no, you are exactly wrong. The linux community isn't asking Nvidia for anthing here.

      To use your party analogy, Nvidia is Al Bundy trying to get invited back to the frat party but then trying to insist that if they wan't his old-man ass there the party better be Al Bundy theemed because Al Bundy is the popular kid in Al Bundy's mind. But the frat knows that he isn't all that, he's no fun at the party, he's a shoe salesman demanding extra access and free booze on the self-serving assumption that he'll be the life of the party.

      There are a bunch of people who wan't him at the party maybe, but none of them are paying for the party nor do they own the house. The Frat has said "no special treatment for you" and this wierd fan base is yelling that without Al they won't come to the party.

      The frat doesn't care and the whining Al Fans can go bite themselves. IF they wan't an Al party, they shoudl just go make their own.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    3. Re:you got your backwards backwards by anarxia · · Score: 2

      Many people (including myself) purchase hardware based on linux support. If there are no decent nvidia drivers those people can always go with amd. Also a lot of systems (STBs, low power pcs etc) come with linux or android pre-installed so nvidia needs linux support to convince the OEMs to go with them. I think nvidia has more to lose than linux users if they dropped support for newer kernels or offer a sub-optimal experience..

    4. Re:you got your backwards backwards by Chibi+Merrow · · Score: 1

      Nvidia is trying to force the linux community to accept their unacceptable "super secret" blob into the kernel agains the linux community's development and participatation standards.

      *other random potty logic*

      Yeah, you know what? You can go to hell.

      I need to get work done on a daily basis. To do that work, I need video drivers that fscking work, preferably as good if not better than they do under Windows. Right now, nVidia gives me those drivers.

      Stupid pissing contests about licensing? SO not helpful to me.

      I don't know who this "linux community" you speak of is, but I'm obviously not a member... And it sounds like I don't want to be.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    5. Re:you got your backwards backwards by thePowerOfGrayskull · · Score: 1

      Linux developers are not trying to "force" anybody to do anything. Nvidia is trying to force the linux community to accept their unacceptable "super secret" blob into the kernel agains the linux community's development and participatation standards.

      As far as I can tell, completely incorrect. Nvidia is trying to use the documented kernel interface inside of their super-secret blob, and are being told that they can't because kernel developers can't see inside their blob (eg, it's not GPL). I don't see any indication that they're trying to force the blob to be included as part of the kernel distribution itself.

    6. Re:you got your backwards backwards by ArsonSmith · · Score: 1

      "I don't know who this "linux community" you speak of is, but I'm obviously not a member... And it sounds like I don't want to be."

      And they don't want you to be. Luckily they are nice enough to let you play with their toys without being a member as long as you obey some very basic and permissive rules.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    7. Re:you got your backwards backwards by Anonymous Coward · · Score: 1

      And during those years we've had these same situations for wireless drivers, ethernet drivers, sound drivers, etc. Each of them had people like you shouting and screaming that the community needed to understand that this particular driver *had* to be proprietary and that fundamentalism was hurting Linux.

      In the end all of them fell into line and Linux is better for it. A simple example is the configuration of a 3G modem or wireless connection. Guess what, no matter which hardware you use, the GUI is identical under Linux (i.e. a network-manager based GUI). On windows you get a shitfest of vendor-specific bloatware GUIs.

      nVidia is merely the last major player holding out in the last hardware segment where proprietary drivers play any role whatsoever.

      As for who needs who...you are focusing only on the home gaming market and ignoring the lucrative CAD markets, render server farms, Android, etc.

      I might take another year, it might take ten, but nVidia will bow eventually.

    8. Re:you got your backwards backwards by strikethree · · Score: 1

      Bad analogy, but whatever.

      Linux ceases to be interesting if people can not use it effectively. NVidia cards were my preferred cards under Linux because they were stable and offered the features I want. Now, there are NO video cards that I can use under Linux. I am not interested in an 80x25 text interface for my desktop. I am not interested in booting into another operating system because I suddenly have the urge to play Team Fortress 2. I am not interested in losing fast and stable accelerated desktop redraws.

      Linux is not interesting any more.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    9. Re:you got your backwards backwards by bingoUV · · Score: 1

      the Linux community have consistently demanded more from Nvidia than Nvidia have frOm the Linux community

      So all the nvidia hardware running on linux machines was provided by nvidia for free? Nvidia didn't "demand" money for the graphics cards, for instance?

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    10. Re:you got your backwards backwards by raynet · · Score: 1

      Hmm, it is not that NVidia cards just stopped working today. So if you thought the NVidia cards were working just fine before this news item, you should be still continue thinking so. Maybe in future when/if the NVidia driver is missing a feature because this DMA-BUF issue, then you might claim that Linux is not interesting any more.

      --
      - Raynet --> .
  94. Re:And this is why by ddt · · Score: 2, Insightful

    The reason they won't go open source is that it exposes them to patent lawsuits, frivolous or otherwise.

    There will come a time when we either have reformed patent law, or we have a widely accepted binary ABI like x86 or arm7 but for GPU's, and that'll be the end of this nonsense with the closed source drivers.

  95. Re:And this is why by mwvdlee · · Score: 1

    GPL does not impose technical limits, only legal ones.
    If Nvidia (or others) choose to not work within those limits it is their own choice.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  96. Debugging is the reason by Anonymous Coward · · Score: 5, Informative

    The preceeding mail from Jan-2012 mentions the reason why they need to have the drivers that interact with the interface gpl-ed:

    'A bug on a driver using such low-level interface could cause side effects
    at the wrong places. In order to handle such bugs, the developers and the
    maintainers of both subsystems need to see the source code of the entire
    pipeline, with is not possible if is there any non-GPL'd driver.

    NAK

    Mauro.'

    1. Re:Debugging is the reason by RCL · · Score: 1

      Poor kernel developers, they can't debug anything they don't have sources for. Probably they could learn a thing or two from Microsoft.

    2. Re:Debugging is the reason by epyT-R · · Score: 1

      You can't have a stable abi when your kernel runs on a dozen archs.. This would also retard kernel progress. There really is no need for a stable driver ABI when the drivers are supposed to be gpld in the first place.. If you want a stable ABI, choose a kernel version, gcc version, and libc version, and stick with them. there's no reason the kernel devs should prop up your control freak wet dream..

    3. Re:Debugging is the reason by smash · · Score: 1

      Yup, lets force reinvention of the wheel every kernel version because the devs are too lazy to define a spec. Re-writing driver code because the kernel has no ABI is retarded. It is WASTED EFFORT that could be better spent on other more important tasks like, oh, I don't know... improving the driver? Fixing bugs in the driver? etc.

      If the attitude of the libc developers was the same (fuck maintaining compatibility! fuck our users!) there would be similar problems with people trying to maintain apps.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    4. Re:Debugging is the reason by olau · · Score: 1

      Because Microsoft debugs drivers for manufacturers without sources? Really? [Citation needed]

    5. Re:Debugging is the reason by RCL · · Score: 1

      Ever heard of Microsoft's Driver Verifier ? Not to mention its efforts in WHQL program.

    6. Re:Debugging is the reason by smash · · Score: 1

      Sorry but plenty of drivers work between Windows 2000 and Windows 7 32bit.

      That's over 10 years of binary compatibility.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    7. Re:Debugging is the reason by Unknown+Lamer · · Score: 1

      The flipside: why should the kernel developers be constrained by the needs of proprietary driver developers?

      The reality is that the kernel API is really stable from necessity (you can't go around rewriting all of the thousands of drivers every other weekend). Forcing a strict in-kernel ABI would result in massive pain for everyone. E.g. a few years ago the kernel started using a gcc feature to pass more arguments in registers, changed the default stack size, etc. If there were a stable ABI... well then, can't change the calling convention and get this speed up without a major ABI change. Since the source to every driver is available and kernelspace is self-contained, there's no technical reason for having a stable ABI. I mean, if you're going to develop your kernel as a monolithic tree, you may as well exploit the advantages.

      Userspace is a completely different story. There is already a stable interface between the kernel and userspace, because you can't go around assuming that you can rebuild user space on every update. And libc maintaining binary compatibility? Userspace is on an entirely different scale than kernel space! You have to support millions instead of tens of thousands of programs! The complexity of making ABI changes outweighs any flexibility gained. Still, a lot of non-C languages don't pretend to maintain a stable ABI. E.g. Common Lisp, Haskell, SML, ... and it doesn't seem to have too much of a detrimental effect for their users. And there's a lot of churn on so-versions for everything but libc that doesn't seem to harm anything.

      In any case, it's a total straw man. NVIDIA already implements a shim to the kernel API that provides a stable ABI for their proprietary driver. This is not an unreasonable situation (it's worked for fifteen years after all).

      --

      HAL 7000, fewer features than the HAL 9000, but just as homicidal!
  97. Re:GPL API by gl4ss · · Score: 1

    why would they implement the api in such a way that you have to be gpl in order to _use_ it in the first place?
    that sounds dumb - might just as well have called it the GPL-BUF.

    and you know what's funny? Torvalds was complaining about the poor optimus support on linux.

    --
    world was created 5 seconds before this post as it is.
  98. Re:And this is why by fredprado · · Score: 2

    Exactly the opposite. If NVIDIA were the only GPU makers they would be able to force down our throats pretty much whatever they wished, but, because they are not, we can force GPL down their throats instead.

  99. Re:And this is why by AuMatar · · Score: 2

    I have two for them. Fuck off.

    I'll use BSD code. I respect the people who choose to write it. But I have not and never will contribute to a BSD project- if I release code as open, I want it to stay open in all its derivations. I explicitly do not want someone to ever use it without keeping their derivations open. I'll consider something like the LGPL, depending on the code, where changes to the code I wrote need to be contributed but not to code that links to it. But never a purse BSD.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  100. Re:GPL API by mar.kolya · · Score: 3, Informative

    Nvidia can go and reimplement (in a 'clean room') Linux kernel and it's APIs - nobody would have problems with that. But it seems like to much work for Nvidia. Instead it takes existing Linux environment, stuffs it with their blob and starts making money on selling chips for smartphones/tablets/etc. And it doesn't give anything back to the community. And that sounds like a violation of spirit of the GPL. And nobody asks Nvidia billions of dollars, nobody even asks Nvidia to give their chips for free. People just think it would be nice of Nvidia to open source its drivers. Drivers for products customers already payed for! It doesn't seems like to much to ask, does it?

  101. Re:And this is why by davydagger · · Score: 1

    wait, the open source community does write things themselves.

    It'd just be easier if it came from the manufacture of the hardware, as the community doesn't have full specs on cards that are NEEDED to write the drivers.

    And for the record, the open source nvidia drivers are a fuckton more stable than nvidia's proprietary binaries.
    http://nouveau.freedesktop.org/wiki/ and they hit a 1.0 stable release recently.

    "You can always write your own code."
    The original topic is that nVidia can't use GPL code in their proprietary drivers, and now they are bitching we are not sharing. irony?

    If nvidia doen't want to release their drivers GPL, they always write their own code.

  102. Re:And this is why by AuMatar · · Score: 2

    If they want to duplicate the functionality, that's their choice. They can then pay for doing that.

    If we end up with worse drivers because of it, that's something I'm completely willing to accept. On this issue the philosophical points far outweigh practical to me.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  103. you are missing something... by IBitOBear · · Score: 5, Interesting

    Linux developers don't care, nor shoud they, about the decision of one company to play nice or not.

    Linux kernel developers have been letting Nvidia get away with the whole "binary blob" thing for a long time. Nvidia has taken no real steps to come into conformance with the GPL requirements. They keep getting a pass for their bad citizenship.

    Eventually bad actors (Nvidia) either have to shape up, or they need to ship out.

    At the moment Nvidia is freeloading on the linux kernel. They are putting themselves in there for free. Now they are asking to break even more rules, or more accurately, to have the rules changed in the name of their personal interests. Nvidia has fouled their own bed, but now they are whining that they don't want to have to lie in the filth of their own making. They are a full grown company. They know what they _ought_ to be doing. They want a pass to have things their own way regardless.

    Sometimes you have to tell a spoilt child that they don't get the lolly this time.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:you are missing something... by Pav · · Score: 1

      Sad but true - a desktop without nVidia would also be less fragile, but not much less functional. For me, and others doing actual work nVidia would be nice, but isn't essential. This is from someone who bought a Tecra back in the day because of the open source ATI graphics.

    2. Re:you are missing something... by smash · · Score: 1

      Lol. You think that if Nvidia doesn't work on Linux that this will have ANY appreciable impact to their bottom line? Conversely, how will this affect Linux, if perhaps 30-50% of the high end 3d hardware out there simply will not work under Linux?

      I'm going to LOL so hard when Nvidia simply tells the GNU world to get fucked - and plenty of other hardware vendors see what has happened, how awkward dealing with the GPL is, and simply put their weight behind BSD instead.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  104. Re:And this is why by rs1n · · Score: 1

    If by "force" you mean the philosophy behind using GPL code, then that has been around long before Nvidia even put out binary drivers. The freedom here is not freedom to do whatever the hell you please, but freedom to take the current source and modify however you wish -- provided you contribute back by sharing your modifications. No one is forcing Nvidia to open their drivers -- they can choose to not do so as they have been doing.

  105. Re:And this is why by binarylarry · · Score: 1

    Cool story bro

    --
    Mod me down, my New Earth Global Warmingist friends!
  106. Re:And this is why by aristotle-dude · · Score: 4, Insightful

    If it leads to vendor GPU drivers being developed in the open then I'm in!

    Why were you upset again?

    Because everyone was arguing that APIs are not copyrightable in the Oracle vs. Google case but somehow you think that they should be GPL? GPL is built on copyright law which means that you are saying that Oracle was right and that an API can be copyright protected.

    Don't be a hypocrite. You either believe that APIs are copyrightable which means that Google should pay Oracle or you don't. If you don't then you cannot say that they are protected by GPL.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  107. they both suck for Linux based appliances by nellaj · · Score: 1

    Binary drivers suck: it means you need the vendor to recompile them for each kernel version. This leads to extreme difficulties with commercial use of Linux: you have pressure to use a particular version of the kernel for one reason, but you can't because the binary driver was built for a different version. You may have to try to get the vendor to recompile their driver for you, but then there is a schedule dependency. Why have the vendor in your release loop? GPL APIs also suck: Frequently custom hardware comes with proprietary non-GPL drivers, but which do come with source (usually terms are "free to use and re-distribute but only with my custom hardware"). I've seen where a kernel API changed from free-access to GPL restricted.. but now what? You are free to change the custom driver sure, but you can not use it because you are not free to change the vendor's license. Ugh. IMHO, both the binary drivers and the GPL APIs need to go.

    1. Re:they both suck for Linux based appliances by RCL · · Score: 2

      "The pressure to use a particular version of the kernel" comes from the fact that kernel doesn't have stable binary interface for drivers, so you have to upgrade the entire kernel to get some new hardware supported. If kernel had such an interface, there would be no pressure, and both GPL'd and proprietary drivers could co-exist.

      However, it is unlikely for kernel to have one, because as long as it remains binary unstable there's an incentive to release drivers as open source. With stable driver API most drivers would be shipped as binaries and kernel developers would need to devote significant effort to make user's life simpler erm... to remain backward compatible. And they don't want that, because that would have turned kernel development into a real work, and work is hard (like developing commercial proprietary software is), while all they want is just to have fun.

      As someone said: people paint for free. People tend not to clean up toilets for free. With Linux you have a community of painters who don't want to "bend over sideways for a paranoid corporation" that wants to supply a proprietary toi-toi, lest they lose the ability to shit everywhere.

  108. Re:And this is why by oji-sama · · Score: 4, Interesting

    The GPL is preventing that corporate psychopath from taking what he wants with his power and instead establishes a level playing field.

    During this week I skipped using an open source component for a work project and started developing one of our own. If the project had been of supreme quality I might have created a wrapper which would have allowed us to use it in the (proprietary) project as it was GPLv2. If the component had been BSD or some other reasonable license (WTFPL is my favourite) I would have fixed the project and sent the creator the patches.

    We do have plans for releasing at least some of our stuff as open source, but I don't think it will be GPL. Then again GPL would prevent some competitors from using it, but that isn't exactly my idea of free.

    --
    It is what it is.
  109. Re:And this is why by davydagger · · Score: 1

    No one is forcing anyone to use DMA-BUF

    nvidia can always re-write it from scratch. You know you'd think being a computer company they'd find or be able to hiring someone, right?

    now compare linux, and Free software, and this so called "protection racket" to what it takes to develop for other platforms such as microsoft or apple, or any of the game consoles and get back to me on "racket".

    Or its a racket that we prevent them from running their own racket?

  110. Re:And this is why by c++0xFF · · Score: 1

    ...because it won't, and never will, and because this is the Linux community attempting to force Nvidia to develop open-source drivers, which is just about the exact opposite of freedom.

    It's the exact opposite of freedom from Nvidia's perspective, that's true. But, on the other hand, it increases freedom for the users of the driver (those that want to modify the code and improve it or make drivers that work slightly differently). And on the third hand, the GPL grants only limited freedom (albeit freedom that might not exist otherwise) of those that would fork or otherwise make derivative works. There's probably more hands involved, too.

    Freedom is often a matter of give-and-take, unfortunately.

    The theory (whether or not this works in practice is another matter) is that forcing drivers, etc. to be open will improve user experience (more eyeballs, more developers, etc). There's something to it, as well ... closed graphics drivers have been one reason "why graphics on Linux sucks," which has prevented linux devs from fixing the problem in the first place.

  111. Re:And this is why by davydagger · · Score: 1

    where are mod points when you need them +1 good sir

  112. Re:And this is why by AuMatar · · Score: 2

    Depends on what your goals are. If your goals are to be used by as many people as possible, you're right. If your goals are to promote free software, you're wrong. I disagree that its a hollow victory though- I'd call it a hollow victory if you sold out your goals and views in exchange for shinier graphics.

    I do agree that some things should be LGPLed, that's a strategic call. I'm not sure if I'd agree on this piece of code though.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  113. Re:And this is why by peppepz · · Score: 1
    Actually, it's NVIDA that is unilaterally asking the kernel developers to change the licensing terms of their work, because they won't budge over the licensing terms of their own driver. The forcing here is happening in the opposite direction than you believe. It would be funny to see what would happen if some random kernel developer was to send a mail to NVIDIA asking them to change the license of their drivers to the GPL, in order to solve this same problem.

    Graphics on Linux don't suck, unless you own an NVIDIA graphics card, but your complaints for this unfortunate situation are to be directed to NVIDIA, because the kernel developers for their part are doing their best to develop quality drivers, even with NVIDIA's policy of obfuscation and secrecy in place.

    There will never be a "year of Linux on the desktop", not so long as these kinds of restrictions exist.

    If this was true, then TODAY would be the year of Linux on the desktop, because no "restrictions" exist for PCs with AMD or Intel graphics. The truth is that Linux exists only because it's open source. It's impressive how easily people tend to forget this simple thing.

  114. Re:And this is why by davydagger · · Score: 1

    If copyrights are done with, GPL is obsolete.

  115. Present vs. Future by aussersterne · · Score: 1

    The Linux promise: It will work someday, when the entire world arrives at a place of utopian freedom.

    The Linux apology: We're sorry that it doesn't work now; just wait for someday.

    --
    STOP . AMERICA . NOW
  116. Re:And this is why by Kjella · · Score: 4, Insightful

    I have a feeling this is very much a "you can't eat you cake and have it too" situation... Linux has managed to badger many companies into eventually providing open source drivers for their various sound cards and network cards and raid controllers and wifi cards and whatnot. I admit, I have used the nVidia drivers quite a bit I'm glad it's not two dozen binary blobs around an open source mini-kernel, which is almost certainly what would have happened if Linux had a well defined ABI from the start. Graphics cards have by far been the hardest since they're huge drivers on top of a quickly changing and complex hardware, far exceeding anything else but they're also now almost alone in needing binary drivers.

    Intel's driver are open source as always while their performance is starting to not suck horribly, AMD's open source efforts are ongoing, even nVidia has said they'd release some tidbits of 2D specifications at least. If you're going for the quick win of give me binaries and give them to me now, why pick this specific point in Linux history? Linux on the desktop is not growing, but it's not dying either and if you include Android then it's absolutely not dying on mobile. With the latest Mesa release Intel is up to OpenGL 3.1 support (3.0 on most other cards) and that's 3.5 years behind the standard - and full Open GL ES 2.0 support. Great? No. That terrible? Also no. Linux has persisted and procrastinated against the allure of binary drivers for 20 years now, if they do it a decade more I think the last pieces will fall in place.

    And for a number of reason I still don't think it'll be YotLD, all open source drivers or not.

    --
    Live today, because you never know what tomorrow brings
  117. Re:And this is why by BanHammor · · Score: 1

    Because of a Chicken/Egg problem, not because of Optimus.

  118. Re:And this is why by Richard_at_work · · Score: 3, Insightful

    Your argument is a bit off - this isn't about Nvidia wanting to use "Free software" in their "closed source programmes", it's about Nvidia wanting to use an advertised feature of the Linux kernel platform to enhance performance *on Linux*. Nvidia already have access to similar functionality on Windows and OSX (or will soon) - they won't be taking anything from Linux to Windows or OSX if they used the feature Linux advertises.

    All this is doing is hurting ongoing performance on Linux, and people are trying to blame Nvidia because of it.

  119. Re:And this is why BSD will thrive! by h4rr4r · · Score: 2

    Is has not yet thrived and for this reason will not thrive in the future.

    People are glad to take, but they never give unless forced.

  120. Re:GPL API by mar.kolya · · Score: 1

    What sort of trade secrets? It's not sarcasm, I'm really curious. From what I know all 'innovations' that make them competitive should already be patented. What else can they put into driver that they are giving away for reverse engineering by competitors?

  121. Re:And this is why by PeterBrett · · Score: 5, Informative

    I thought Oracle v. Google said APIs weren't copyrightable. As such, GPL-only APIs make no sense because the API can't be copyrighted to begin with.

    You're wrong.

    It is fine for someone to go and make a new, compatible implementation of the DMA-BUF API, with the same calling conventions etc., and license it however they wish. That is what the Oracle vs Google judgement said.

    It is not okay to link your code into the GPL version of the DMA-BUF API unless your code is also GPL'd. That is something different.

  122. Re:And this is why by peppepz · · Score: 2

    Bullshit. It's NVIDIA who sent a patch to the Linux developers asking them to change the license of their work because they're not willing to change the license of their own.

  123. Re:And this is why by hydrofix · · Score: 1

    Apparently they think it is worth it, as they have been doing it for a while.

    To my understanding NVIDIA has never released GPL-licensed drivers for their GPUs. My bet is they develop Linux drivers because they think Linux is a viable and innovative computing platform, not because they agree with FOSS purists.

  124. Re:hearts and minds by PeterBrett · · Score: 3, Insightful

    "Please comply with the very permissive licence that we chose to licence our code under" does not amount to a religious argument.

  125. Re:And this is why by Serious+Callers+Only · · Score: 3, Insightful

    The one who tries to insist all code in the world should use their preferred license.

  126. Re:And this is why by aristotle-dude · · Score: 2

    Sadly not :)

    GPL infringement happens when you have a non-GPL compat app accessing memory of another -- which is why linking dynamically against GPL is no-go (needs LGPL). Passing data-structures is historically a problematic area.

    Sadly, that probably means that the GPL is incompatible with copyright law in a number of jurisdictions. I look forward to seeing a company like NVIDA challenge the GPL in court for the good of us all. Tyranny is never a good thing regardless of who the tyrant is or whether you agree with their aims.

    This viral nature has never sit right with a lot of people. No license can extinguish the copyright of another.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  127. Re:And this is why by ByteSlicer · · Score: 3, Insightful

    APIs GPL only? Seriously guys, WHAT THE FUCK?

    That's not what's happening at all.
    The basic fact is: the Linux kernel sources are GPL licensed. This was an early decision by Linus, and no amount of wishing will change that. There are just to many contributors that would have to approve a re-license.

    Now, the GPL is very clear regarding derived work: if you distribute such a work, it needs to have a GPL-compatible license and provide sources.

    What constitutes a derived work for a kernel? Basically, calling any code from the kernel would create a derived work, so the Linux license contains exemptions for user space code that calls the kernel through the public interface.
    However, in this case the nVidia driver would call an internal kernel function, that is not exempted, so this would create a GPL derived work. The function is so low level that it would create an intimate bond between the Linux kernel and the nVidia binary driver.

    Even if the Linux maintainers would allow this, anyone that wrote any part of Linux could start a court case against nVidia for breach of license. Would that be a better outcome?

  128. Re:And this is why by h4rr4r · · Score: 1

    How many FPS is that?

    All I need is 60, monitor does not show more than that anyway.

    The time is coming when intel GPUs will be good enough for even gamers. They already good enough for Source engined games.

    Much like moores law killed sound cards the dedicated GPU is not going to be around forever.

  129. Re:And this is why by Sable+Drakon · · Score: 1

    Sorry to say, he's right. Even the 9800GTX+, released 4 years ago, wipes the floor with the Intel HD 4000. http://www.videocardbenchmark.net/gpu.php?gpu=Intel+HD+4000 http://community.futuremark.com/hardware/gpu/Intel+HD+Graphics+4000/benchmarks The HD 4000 from Intel is great, if you don't plan on gaming in any serious manner.

    --
    The Amarri pray for god, the Caldari pray for profit. the Gallente pray for peace, but the Minmatar pray their ships hol
  130. Re:So? by Nikker · · Score: 2

    I have a sincere question about proprietary code.

    If the concepts underlying the code are indeed patentended then is the copying of said code not protected by the governing countries laws? If I had patended a really cool/advanced algorythm then by showing it's implimentation how am I hurting my 'invention'? I was of the understanding that by recieving a patent for an invention I was able to show everyone how I did it because I was protected by law from anyone implimenting it for a period of time with out my explicit permission.

    So I guess tl;dr if someone got their hands on Nvidia's/ATI's driver code and showed the world how would that effect patents and/or intellectual property rights?

    --
    A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
  131. Re:And this is why by Artraze · · Score: 2

    No, even... hell, _especially_ if your goals are to promote free software this is bad, and that's exactly my point. Nvidia will not open their source because of this. Free software spread? In the best case no. And in reality, Nvidia's drivers aren't what they could be so Linux continues to have crappier than necessary drivers which either are slower than they need to be or have a nasty hacked version of this. Does that help spread free software? I'd say not. Bad drivers are one of the big issues people have with Linux.

    Now, if there were good GPL drivers and this would be their selling point, I'd agree: you could spur adoption of open source by restricting the API to the free version and letting Nvidia play catch-up. But that is simply not the case. All this does is artificially make the graphics situation on Linux worse, and that does absolutely nothing to help spread free software.

  132. Re:Android on ARM by h4rr4r · · Score: 1

    The kernel is still GPL. Anything android devs do there has to be released. They will be stuck sticking to user space drivers, like they do now.

  133. Re:And this is why by diegocg · · Score: 4, Insightful

    Right, because promoting open source GPL-compatible drivers didn't work for Linux.

    Oh, wait, it worked. The Linux hardware support is overall quite good (with many hardware manufacturers working with upstream to contribute drivers). In fact, Nvidia is a minority - Intel has the biggest market share in graphic chips (avobe 50%), AMD/ATI is second. Both have contributed open source drivers which are getting better and better.

  134. Re:And this is why by clarkn0va · · Score: 2

    Who said anything about Apple?

    --
    I am literally 3000 tokens away from the chaotic crossbow --Stephen
  135. Please don't mix things by tizan · · Score: 2

    0) People chose GPL v2 for the kernel for very good reasons and the sheer success of it from phones to all Top 500 clusters is proof ..nuf said on that.
    1) You can use LGPL if you want to release code that is GPL but allow people to link with proprietary blob but without forbidding users to see and modify the LGPL code.
    2) Linux kernel is GPL V2.0 licensed not LGPL...so if you want to bind to it and release the binary then you have to release the code under GPL V2 of your stuff that is calling the kernel stuff...you don't need to contact any body if you abide by this
    3) You can request all the copyright holders in the kernel code to release that bit of the code to you under another license if you do not like GPL.

    1. Re:Please don't mix things by VGPowerlord · · Score: 1

      0) People chose GPL v2 for the kernel for very good reasons and the sheer success of it from phones to all Top 500 clusters is proof ..nuf said on that.
      1) You can use LGPL if you want to release code that is GPL but allow people to link with proprietary blob but without forbidding users to see and modify the LGPL code.
      2) Linux kernel is GPL V2.0 licensed not LGPL...so if you want to bind to it and release the binary then you have to release the code under GPL V2 of your stuff that is calling the kernel stuff...you don't need to contact any body if you abide by this
      3) You can request all the copyright holders in the kernel code to release that bit of the code to you under another license if you do not like GPL.

      Again, this is about calling an API which, if it's dynamically linked, doesn't include any code other than the API's headers (which are not copyrightable in the US where nVidia is based; see Oracle v. Google for the most recent ruling in this matter: "This command structure is a system or method of operation under Section 102(b) of the Copyright Act and, therefore, cannot be copyrighted.") in the calling program. And since this is a kernel API, it will be dynamically linked.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  136. Re:And this is why by Guy+Harris · · Score: 1

    GPL licensors demand that others don't redistribute GPL code as their own. Proprietary licensors demand that others don't use their code at all without their express permission, full stop. Who's the fanatic here?

    GPL licensors demand that others not use their code without making it available under the terms of the GPL, so that it must be made public. Proprietary licensors demand that others not use their code without paying a licensing fee and/or not redistributing the licensed code except under the terms of the proprietary license. I consider neither to be fanatical, although fans and foes of the GPL can certainly be fanatical in their support of or opposition to the GPL.

  137. Re:And this is why by aristotle-dude · · Score: 1

    Nvidia are the bad guys here, not Alax Cox nor the GPL.

    But I'm torn because Nvidia is the only great solution for 3d on Linux right now. So my pragmatic self is screaming "NOOOOOOOOOOOOOOO!"

    Intel Ivy Bridge stuff is pretty awesome though, I use it more than the dedicated Nvidia gpu on my Clevo. I'm really hoping the next iteration of Intel GPUs makes dedicated support obsolete but it's just a dream ;).

    No, Alan Cox and the GPL are the bad guys here. They are trying to copyright an API which is precisely what Oracle tried to do and you probably were against it. You are being a hypocrite.

    The GPL is incompatible with copyright laws in various countries and because of that, it needs to be challenged by a company like NVIDA in a court of law. Alan Cox cannot copyright/GPL his API any more than Oracle could copyright their Java API. The GPL is supposed to be built on top of copyright law but if it is incompatible with that law then it is not a valid license and needs to be rewritten.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  138. Re:No way!! NVidia used GPL code?! by Anonymous Coward · · Score: 1

    Their Optimus support for Linux requires they be able to use the same buffer sharing mechanism as everybody else (read: DMA-BUF), and the reason they want to be able to use this API is because they are currently developing Optimus support for their Linux drivers.

    Furthermore, they are looking into supporting Wayland, but they wanted a 1.0 release first to prove that it wasn't just some fad before committing engineering resources to supporting it.

    And no, if we don't let them use this API, they won't support Optimus on Linux, and Linux will be far worse off on laptops and embedded devices because of it.

  139. Re:And this is why by FreonTrip · · Score: 1

    "Shinier graphics" = hardware that you paid for, which works with its advertised feature set? Jesus, way to trivialize an entire range of useful, revenue-generating products in the professional world.

  140. Re:And this is why by Svartalf · · Score: 1

    Really? Ignore them? You're kidding, right?

    If you're going to provide an OpenCL driver, you'd best work with Linux since pretty much all the top 10 supercomputers USE that as the core OS. We won't get into most of the CGI shops needing the same sort of thing for workstation drivers (which is WHERE the OpenGL drivers came from...not out of the kindness of their hearts...).

    There's a reason AMD did what they did. What I just pointed out is that.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  141. Re:And this is why by QuantumRiff · · Score: 3, Funny

    So, you (and Alan Cox) can be complete dicks about this and hold the Linux desktop and Linux embedded devices with decent drivers back for years because nobody bothers to support such a tiny market with open source drivers, or you can allow proprietary graphics card manufacturers to keep their hold on graphics drivers for a few years and keep the vast majority of users happy because they have a device that works well enough (even though it doesn't have open source graphics drivers) UNTIL the community develops open source drivers themselves.

    So then Valve must be a bunch of Idiots.. http://games.slashdot.org/story/12/08/31/1551230/valve-finds-open-source-drivers-to-be-great Apparently, those dumb-asses seem to think that having access to the drivers makes it easier to find bottlenecks, performance issues, etc, and to improve the drivers at the same time. In fact, their Blog mentions this several times. If only they just understood the closed source model..

    --

    What are we going to do tonight Brain?
  142. Re:And this is why by h4rr4r · · Score: 1, Insightful

    Oh noes, you had to write your own code instead of taking others hardwork as your own with no intent to contribute back. What a big problem.

    You would not have sent any patches to the BSD project, that is why BSD is lagging so far behind. Everyone wants to take and take.

  143. Re:And this is why by Sable+Drakon · · Score: 1

    The day when an Intel IGP is able to play a newly released game at 1920x1080 at 60FPS at Medium or High settings is when the dedicated GPU is obsolete. That day isn't going to be coming for an extremely long time. Moreso since newer more powerful GPUs are coming out yearly.

    --
    The Amarri pray for god, the Caldari pray for profit. the Gallente pray for peace, but the Minmatar pray their ships hol
  144. Re:And this is why by shaunbr · · Score: 1

    What it will lead to is *zero* vendor GPU drivers being developed in the open. Who the hell would expose their proprietary code to placate less than one percent of the desktop market share?

    GPL zealots are both stupid and clueless. Keep your actions up and you'll be lucky if you have access to accelerated 3D drivers -- even closed-source ones -- five years from now.

  145. Re:And this is why by Svartalf · · Score: 4, Insightful

    Heh... There's other uses for a GPU and they're not graphics.

    Ever wondered why AMD opened up most of their programming info? Stop and contemplate why they did that and offer off-and-on assistance in the FOSS driver stack at their expense. It's not because of them being altruistic. It's not because they see more than a nascent market for games.

    It's because of the same thing you pointed out. That 10G card is important to supercompute clusters. So's the GPU. I honestly wish people would step back and quit thinking with the blinders you just espoused just now.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  146. Re:The infection of GPL stunts growth... by mar.kolya · · Score: 2

    Nvidia is creating Linux driver not because of good will, but because Linux gives Nvidia access to very fast growing market. And yes, Nvidia will notice if this market won't be accessible. Everybody else on that market will be just happy without Nvidia. In short: Nvidia needs good Linux driver more then Linux needs Nvidia at all.

  147. Re:And this is why BSD will thrive! by Svartalf · · Score: 1

    It's thrived? Would you mind sharing what you're smoking? It's got to be GOOD.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  148. Re:And this is why by jdogalt · · Score: 1

    If it leads to vendor GPU drivers being developed in the open then I'm in!

    Why were you upset again?

    ...because it won't, and never will, and because this is the Linux community attempting to force Nvidia to develop open-source drivers, which is just about the exact opposite of freedom. Or at least, that is what it looks like to me.......

    What it looks like to me is that in order to use _some_ features of _some_ kernels NVidia must do some driver work in the open (source). Whereas the prior situation to this kerfluffle included NVidia being of the position that in order for linux users to use _some_ features of _some_ NVidia hardware, that they must accept drivers that are closed source.

    Big whoop. NVidia has a choice to make. Ignoring a potentially lucritive market is one of their options. (not to mention how things like individual human good or ill will towards companies tends to spill across markets in non-obvious ways...)

  149. Re:And this is why by Guy+Harris · · Score: 3, Informative

    Because everyone was arguing that APIs are not copyrightable in the Oracle vs. Google case but somehow you think that they should be GPL?

    If Nvidia were able to produce a non-GPL kernel module that implemented that API, they could use it. It's the in-kernel implementation that's GPLed and that only GPLed code can use.

    GPL is built on copyright law which means that you are saying that Oracle was right and that an API can be copyright protected.

    In this case, it's an implementation, not an API.

  150. Re:And this is why by cyber-vandal · · Score: 1

    The GPL is about the freedom of the customer not the vendor. You are already free to choose what tools you use. An end-user with closed or closable software that they depend on is not free, but dependent on the whims of the developer or the corporate strategy of the software company.

  151. Re:It would still become a derived work of the ker by alexo · · Score: 1

    What is the reason for this distinction?

  152. Re:And this is why by Svartalf · · Score: 1

    No... Trying to force them would be to say they can't do them at all- which is NOT what was stated. Quit putting words into Alan Cox's mouth there.

    All they said was this nifty interface that would help them do even better than they already are is going to stay GPL and they can't use it unless they GPL things. It's no different than if I had a patented compression algo for textures and insisted upon licensing it out before using it. Keep your biases to yourself, please.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  153. Re:And this is why by Anonymous Coward · · Score: 1

    Weird. Wasn't it just a couple of years ago that the hue and cry on Slashdot was that headers couldn't be copyrighted? Something about the SCO trial, IIRC.

    Or is this symbol somehow special in ways that those others were not?

  154. Re:And this is why by shaunbr · · Score: 1

    My guess is they'll eventually give up and stop giving the Linux community drivers at all. Considering how small the market is, and how ungrateful the recipients are, I doubt they'll worry too much about any drop in hardware sales.

  155. Forking Magic? by IBitOBear · · Score: 1

    That word "fork", it doesn't mean what you think it means...

    This fork and forget behavior is allowed for BSD licensed bits, but not the GPL bits because the GPL doesn't let someone just make off with the goods like the BSD license does. So no, the Android peopld "can't fork and forget" the GPL.

    The GPL _requires_ fair play. Thats why it is "better" in this case than BSD, because even after a fork you still have to play by the rules and the rules here are "you want DMA-BUF, you need to be GPL compliant." You have failed "forking 101". Your assertion is wrong.

    "they have done it before"? Not wiht GPL ware they havn't, at least not where it involved the GPL'd bits like those at issue here.

    NVidia has bad-citizen'd themselves into a corner here. Too bad. So sad. Bye bye.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  156. Re:And this is why by Anonymous Coward · · Score: 1

    I don't like paying for bathrooms, but I'm not going to shit my pants to prove a point.

  157. Re:And this is why by shaunbr · · Score: 1

    bolt enough proprietary stuff onto it it's not really linux anymore

    Yeah, it would probably end up being something that's better and more usable than Linux.

  158. Hmmm by AdmV0rl0n · · Score: 5, Insightful

    I've never really understood so much of the background on this. I really don't. Nvidia are probably *the only* fucking company that really went the whole way and really release the right 'kind of ' full drivers for Linux. Yes, they are closed source binary. Yes, they are proprietry. Yes, they don't comply with religious level political idealogy. But they contribute in a less than optimal way to your platform.

    And your platform, at least in the short and medium term would be vastly shittier without their efforts.

    So, next you publicly go viral dropping a bucket of shit over them. Their response has been moderatly to try to come in and talk, make changes and be more of a interactive unit with you. I bet that the devs inside the company are probably very pro making progress but face real world limits of legal and other things that they themselves are not empowered to fundamentally change.

    I'm not surprised at Alan's answer - but here is my raw take on this. What would have been the better way forward was to take their request and frame it globally to that group of people and put Nvidia's request forward. I appreciate that many would likely answer no, and I appreciate this would perhaps not be what Nvidia wanted, but it would have opened a bridge for interaction and perhaps longer term bridge building. Instead, they get a fuck you, fuck your company, and do this our way or the highway.; What were Nvidia trying to do? Provide an answer to the problem they had a bucket of shit thrown over them in public about. ie - trying to solve a problem they were abused about.

    The benefit of doing this is fixing something in linux - albeit with a closed driver that people asked for. Linux users asked for this. Linux Kernal people bitched about it. Linux coders refusing to help provide this moves this off being a purely Nvidia are a bunch of fucks to shooting your own platform in both feet.

    I don't fucking get it. These bits of code I presume are already fully in Linux. Sat there in daylight .Refusing to let Nvidia use them to help you do something_you_asked for is demented. Or rather - let me reframe that - Its really lame to not engage in a process to find a way forward instead of ramming the ideology down the throat of a vendor who is a closed source bunch - but have come to try and engage with you on a problem.

    Let me put it more plainly. Linux needs Nvidia more than Nvidia needs linux - but together you make something that is symbiotic. You think your mythical Ubuintu tablets are going to surface on the very proprietry ARM platform by not getting down and working with people like Nvidia on problems. Linux won't run 'well' on their platform without their help. You want to be there? Take your heads out of your asses.

    As much as Linux gets hobbled by closed source folks not playing the game, its just as hobbled by killing off their interactions and opportunities by being too hard headed about the religio-political idealogy.

    And a fucking note to the Intel GPU Linux fanboys. The drivers have almost always been shit. And the hardware is low end garbage. I'll take a Linux box with Nvidia GPU *EVERY fucking time over intel gfx. Every time.

    --
    We`re all equal .. Just some of us are less equal than others.
    1. Re:Hmmm by Arker · · Score: 1

      Nvidia are probably *the only* fucking company that really went the whole way and really release the right 'kind of ' full drivers for Linux. Yes, they are closed source binary. Yes, they are proprietry.

      Bam, out of the gate, you contradict yourself completely and utterly. Binaries are NOT the right kind of drivers for linux. Period.

      You can wave your hands and run around screaming religion all you want but this has nothing to do with religion. Linux supports dozens of cpus, how many does that binary support again? And when it has a bug how do I fix it again? Step-debugging is possible but it's way too much work, thank you. Plus since it's a binary instead of software, any little thing in the kernel could change and boom you lost your so-called driver! That's not support. That's fraud.

      You are right, the intel on-board stuff sucks. It's a pretty solid general rule that integrated anything sucks, in fact. But there is suck and then there is blow. A crappy intel onboard graphics is still good enough most of the time, you can partially compensate for it with a beefier cpu and still save money because it's a lot cheaper, and, oh yeah, it actually has drivers available - pretty important. So it wins, every time. It's Nvidia that is losing money here, not me. Every time I buy a videocard, I look at their nicer boards first, check to see if there are drivers yet, but there never are, so I buy something else instead.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    2. Re:Hmmm by smash · · Score: 1

      All of those things could easily be done, and are on other operating systems by the kernel providing a stable driver ABI. But no, that's too easy.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    3. Re:Hmmm by don.g · · Score: 1

      Me too.

      I have an AMD motherboard with integrated Radeon graphics. Yeah, the open source drivers aren't as fast as the binary ones -- but I could do with playing less minecraft anyway. And wow, I can upgrade the system and not worry about graphics drivers breaking things.

      My netbook has an Intel GPU. Same situation.

      Thanks, AMD/ATI!

      --
      Pretend that something especially witty is here. Thanks.
    4. Re:Hmmm by evilviper · · Score: 1

      <blockquote>
        Let me put it more plainly. Linux needs Nvidia more than Nvidia needs linux

      I doubt that's true... The big purchasers of GPUs run Linux, and aren't going to change to something else (FreeBSD perhaps?) just because NVidia doesn't feel like working with the platform... Instead, companies will go with AMD GPUs which do work on Linux. This would be a big hit to NVidia, as so many supercomputer clusters and render farms now run on Linux.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    5. Re:Hmmm by epyT-R · · Score: 1

      1. proprietary licenses are no less political than the gpl. they're all about control.

      2. it would be vastly shittier if the kernel couldn't be properly ported or debugged because it was riddled with countless blobs from one-shot vendors whose products have support lifecycles of 1 year or less.. if the developers cave to nvidia, they'll have to cave to everyone. this is FAR worse than losing one vendor..

      3. they were given a 'fuck you' because nvidia's been giving the community a 'fuck you' for the last decade. they won't even help the nouveau project with documentation! They don't 'have' to open their own driver, but they could offer an olive branch with docs and some suggestions.. but no, they don't. so here we are.. Now, they are asking for even more access to kernel internals (this happened with nvidia before), which if broken by nvidia, will cause more strife for them when distros forward user complaints about crashes. Really, the secret bits should be in the silicon or the gpu firmware and not in the driver.

      4. People running linux on CAD and graphics workstations asked for it. That's the target market. nvidia has interests here. the driver was not some altruistic gift at all. linux has amd and intel for gpu vendors. they don't need nvidia. nvidia needs linux if it wants to retain access to that market.

      5. I agree. nvidia's gpus are far better than intels, but from a development perspective, I would not want to have to debug around and hack shims for dozens of blobs either.

    6. Re:Hmmm by epyT-R · · Score: 1

      ..or you know, since nvidia wants to take advantage of the efforts of the devs, they could follow the damn license the code is under in the first place and progress sucking things like ABIs for internal structures wouldn't be needed. Also, they would not save you if the kernel was ported. A blob targeted at x86 will not run on arm..

    7. Re:Hmmm by epyT-R · · Score: 1

      no, but if I had to choose between hearing 'fuck' a lot mixed with direct statements of intent and purpose, I'd take that over the unbelievably passive aggressive and cowardly behavior typical of today's adult interaction. The swearing would be a refreshing breeze in a stifling heat where suddenly everyone's allowed to say what they're thinking without being fired by insecure management. Insecurity is the mother of passive aggression..

    8. Re:Hmmm by smash · · Score: 1

      Oh i have no doubt they'll follow the license code. Enjoy your lack of 3d support :)

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    9. Re:Hmmm by AdmV0rl0n · · Score: 1

      Well, take this as the hint; Linus Torvalds took to using 'Fuck' as a basis of his public dropping a bucket of shit on the vendor. If you want an adult conversation, by all means have the leader who kicks things off lead the way.

      Until then, This is slashdot. Not the houses of Parliament.

      --
      We`re all equal .. Just some of us are less equal than others.
    10. Re:Hmmm by AdmV0rl0n · · Score: 1

      I'm not mad. Butt you clearly are. If you wish, you can live in the world of the GMA gfx subsystems. I don't mind you quoting HD4000, it has some validity, but you're quite deliberately not speaking about Intel GFX. You're talking about the latest variant - and the only one that reaches even close to acceptable levels, *and* thats only at the low end. If you dare to play in medium or high end, and note, any idiot who thinks they would willingly remove or revoke Linux from that space deserves to be stripped and shredded for stupidity - is a class A fool.

      Linus has spoken publicly about how the kernel should change nothing - things should be presented correctly to the system, and not break things. If a Kernel upgrade breaks software - then think carefully about how you view this.

      You don't get adaquate OpenGL - you get shitty OpenGL, and if you think that Intel OpenGL is 'good' enough, then go explore how many Catia or real 'OpenGL' real world products dare to try and reside within its limits. This is intel GFX. Do you even really comprehend what shit you are shovelling?

      I get better battery life from an ARM platform - if thats what rocks your boat - so do you. But hey, guess *what*. You and Linux *need* people like Nvidia on ARM because the hardware (Nvidia make hardware - understand this, they make it, you don't. You want your software to run on *their* hardware) means a ton of work for you if you are stupid with them.

      If the Linux movement *acvtually* believes in its ideals - thats fine. But throwing shit at devs who have started to try to build bridges and find ways forward, is counter productive. If you want them to go fight for your idealism inside the Nvidia machine, then you need a greater deal of pragmatism, bridge building, and so on. I don't expect many Nvidia devs or engineers will be motivated by Linus's bucket of shit, nor the chopping off at the knees antics.

      And yes, despite the abuse aimed at Nvidia - here is the truth. Their hardware combined with their closed source binary drivers are *the best*, the highest level, working, performance GFX on the platform. Try remembering that this is a benefit, and a good thing, despite the fair caveats spoken about the areas where its not ideal. Unless you prefer your platform be second class and garbage, lagging years behind where it needs to be. You could always choose to be so stupid.

      --
      We`re all equal .. Just some of us are less equal than others.
    11. Re:Hmmm by olau · · Score: 1

      You are arguing from a strategic point of view with respect to users. Not that that's wrong, but if you look at this from a kernel developer point of view, one who doesn't really care too much about 3d performance, would you then rather have an unmaintainable blob frequently sending undebuggable bugs into your inbox, generally hurting your reputation and wasting your time, or would you rather turn the tables around and uphold the same principles that go for everyone else?

      There's a reason Linus chose the GPL, and it's not because he's religious about it.

      I agree the Intel drivers are really buggy. But I recently had to install Noveau on my girlfriend's computer because of a weird race condition with the NVidia drivers, and it works really well - I look forward to the day where Noveau performance is up to par in games.

  159. Re:And this is why by Anonymous Coward · · Score: 1

    Oh lordy - two (old) games can run natively on Linux! Surely the days of Windows as the superior gaming platform are numbered!

  160. Re:And this is why by Omnifarious · · Score: 2

    I would rather know exactly what software my hardware is running that having it run secret software that does who knows what. I don't particularly care how 'incredibly useful' that software proclaims to be. If the creators won't open it up to me, it almost certainly serves their interests over my own and is a tool to enslave me.

  161. Re:So? by Squiddie · · Score: 1

    Why does that matter? All that matters is that I have a perfectly usable set of computers that do what I want. I don't care if dear old gran or my neighbor uses it. I hope they would for their own benefit, but I don't care if they don't.

  162. Re:And this is why by Anonymous Coward · · Score: 1

    I second your observation about Intel drivers. Intel has invested a lot of real labor into Linux graphics and chipset drivers and the result is impressive. Running a sandybridge quad with Intel's integrated GPU and it is simply the most stable and nonsense free *nix desktop I've ever seen.

    My next motherboard has a new requirement as a result; it must have HDMI or DisplayPort to leverage the integrated GPU, even though I will have a discrete GPU as well. The Intel stuff is just too good to neglect.

    AMD has simply continued the tradition of ATI with half-baked unfocused driver work. It's a shame. I've never bought an AMD graphics device for exactly this reason. Thousands of lost revenue to AMD.

    I can foresee the day when FPS no longer matter to me. Then, I will abandon NVIDIA and it's miserable, proprietary ways and rely on Intel.

  163. Re:So? by _Shad0w_ · · Score: 1

    If I actually cared about desktop market share that might mean something, only I don't. I don't care what other people use and what I use varies depending on what I'm doing.

    --

    Yeah, I had a sig once; I got bored of it.

  164. Re:And this is why by cyber-vandal · · Score: 2

    How tyrannical that people who write code want a say in how it's used. The bastards!

  165. Re:And this is why by Anonymous Coward · · Score: 1

    And if it leads hardware vendors to avoid writing sophisticated drivers for Linux (a far more likely outcome), what then?

    Why would nvidia want to deal with fanatics like this when they can just ignore them?

    Calling Alan Cox a fanatic? I think you don't know what you are talking about. He does a lot for the Linux community and I think he is 100% right in protecting the GPL'd code. He was not being rude or fanatical in any way with his response.

  166. Figures. by shaunbr · · Score: 1

    A company wants to try to make their product work better on your OS, and you tell them to fuck off? Why am I not surprised?

    Enjoy your ideological win. Likewise, enjoy your permanent relegation to second class status in the desktop OS world. Nvidia certainly won't cry themselves to sleep if their drivers don't work as well under Linux as they'd like. It's not as if losing the few thousand video card sales (integrated and discrete) that are made to desktop Linux users would affect their bottom line much.

    1. Re:Figures. by Anonymous Coward · · Score: 1

      A company wants to try to make their product work better on your OS, and you tell them to fuck off? Why am I not surprised?

      Enjoy your ideological win. Likewise, enjoy your permanent relegation to second class status in the desktop OS world. Nvidia certainly won't cry themselves to sleep if their drivers don't work as well under Linux as they'd like. It's not as if losing the few thousand video card sales (integrated and discrete) that are made to desktop Linux users would affect their bottom line much.

      Nvidia has never cared for the home user on linux. They care about customers paying big money to use Nvidia hardware on linux. A byproduct of this, is that linux drivers improve and the end user benefits. But if you think Nvidia does what it does to improve the computing experience of some home users I've got the Brooklyn bridge to sell you. So you see, money already talks.

  167. Re:And this is why by lattyware · · Score: 1

    It could change, however. If Valve start putting pressure on GPU manufacturers, maybe we will see a change. If only devices supported by all steam platforms get the Steam seal of approval, that could be a reason for the manufacturers to start paying attention. Not saying that this makes it all a great idea, just saying.

    --
    -- Lattyware (www.lattyware.co.uk)
  168. Re:And this is why by F.Ultra · · Score: 1

    Do they really have access to similar technology in Windows and OS X or do they have to provide it themselves within their drivers there?

  169. Re:And this is why by Rockoon · · Score: 1

    They already good enough for Source engined games.

    Some of the pre-teens that played Source games are now in college. Why not be even more intellectually dishonest and say that Intels Ivy GPU can run Wolfenstein 3D just fine?

    The source engine was several years old even when it debuted with Half-Life 2 in 2004, since that games release was significantly delayed by the development of Steam.

    --
    "His name was James Damore."
  170. Re:And this is why by cyber-vandal · · Score: 1

    Selfish fuckers doing what ever they want with the code they wrote. They should be working for NVidia for free goddammit!

  171. Re:And this is why by ssam · · Score: 1

    for every other sort of driver many companies have no trouble releasing open drivers. graphics cards are not a special case.

  172. Re:And this is why by F.Ultra · · Score: 3, Insightful

    But this is not about the API, it's about linking your code with GPL licensed parts of the Linux kernel. This is nothing like Oracle vs Google.

  173. Re:The infection of GPL stunts growth... by mindmaster064 · · Score: 2

    Nvidia doesn't need Linux or to make drivers for it at all. The top two environments are OSX and Windows and it can ignore Linux completely if it must leaving you with some shitty integrated video adapters. Between negotiating terms or heavily modifying the driver to fit the GPL taint (probably removing functionality) and whatever else it may simply ignore the new functionality since while advantageous it wouldn't effect the position of NVidia at the top of the video heap and most of the cards that would take advantage can't compete with Nvidia anyway. The bug is really in how Linux is licensed not in what NVidia is doing, but there is nothing stopping Nvidia from taking linux sources removing all of the bits it doesn't like and licensing the changes with the library exception and plugging its kernel module into that effectively creating their own branch over which GPL cronies have no say over since this is all GCC has really done by creating the standard library. As long as Nvidia plugs into these 'changed' hooks and not the originals everything still works.

  174. Re:And this is why by maccodemonkey · · Score: 1

    The GPL is preventing that corporate psychopath from taking what he wants with his power and instead establishes a level playing field.

    The attitude that closed source developers trying to deliver their software to Linux users are possible "corporate psychopaths" is why Linux will always have issues attracting third party developers.

  175. Re:And this is why by thePowerOfGrayskull · · Score: 1

    I can't believe that this actually got modded up, but I'm glad to see it did.

    This is priceless. NVIDIA is trying to keep their graphics drivers up-to-date on the linux platform and are basically told to fuck off. Everybody wins here, right?

    And we stand around and talk about how patents are blocking progress?

  176. Re:And this is why by F.Ultra · · Score: 1

    The only great solution? I'm using a Radeon at the moment in Ubuntu with no problems what so ever with great performance in both applications and games, just because some people remember how bad ATIs driver where 10 years ago doesn't make their experience valid today.

  177. Re:And this is why by Guy+Harris · · Score: 1

    As far as i know, the interface of an API is not subject to copyright and is therefore not subject to the GPL or any other proprietary licensing agreement. Sun lost that lawsuit. If all they do is call the api in the kernel, they have not violated the GPL. They would have to copy the implementation of the api in order to infringe.

    Did that case test whether, if a given implementation of an API is covered under the GPL, code making calls to that API, when those calls go to the GPLed implementation of that API, is considered a "derivative work" of that implementation of the API? If the answer is "yes", then, whilst an API can't be copyrighted, i.e. you can't use "that API is copyrighted" to stop people from re-implementing the API, the code calling that API can't use the GPLed implementation unless it is itself GPLed.

  178. Re:And this is why by F.Ultra · · Score: 1

    It's not the API, they are completely free to copy the include file and implement their own version of the API and release it under whatever license they want. It's only if they want their module to link with the specific code paths in the Linux kernel that this API exports that they have to abide by the GPL.

  179. Re:The API isn't GPL. Using the kernel code is. by DRJlaw · · Score: 1

    You don't even need to focus on the derivative work aspect in this instance. "Linking" to an API allegedly creates a derivative work, but I don't recall "linking" ever having been ruled to fall outside of 17 USC 117(a). I especially don't recall an instance of "linking" or otherwise inserting a hardware driver ever having been ruled to fall outside of 17 USC 117(a).

    (a) Making of Additional Copy or Adaptation by Owner of Copy. -- Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
    (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner.

    (emphasis added)

    If you look back to the CONTU report that resulted in the addition of this exception back in in 1978, you'll find this little gem:

    Because of a lack of complete standardization among programming languages and hardware in the computer industry, one who rightfully acquires a copy of a program frequently cannot use it without adapting it to that limited extent which will allow its use in the possessorâ(TM)s computer. The copyright law, which grants to copyright proprietors the exclusive right to prepare translations, transformations, and adaptations of their work, should no more prevent such use than it should prevent rightful possessors from loading programs into their computers. Thus, a right to make those changes necessary to enable the use for which it was both sold and purchased should be provided. The conversion of a program from one higher-level language to another to facilitate use would fall within this right, as would the right to add features to the program that were not present at the time of rightful acquisition.

    CONTU Final Report, Chapter 1 (emphasis added).

    Between this provision and the clear uncopyrightability of simple names such as the symbol name used for this API call, I think that Cox's belief is based only upon propaganda and wishful thinking.

  180. Re:So? by Anonymous Coward · · Score: 1

    I agree with you 100%, a patented piece of code has far more power being open sourced than being proprietary. In fact it's practically radioactive.

    But it also has the potential for disaster, as IBM-SCO demonstrated. Trolls can sift through code looking for violations. Investors look at such things and weigh the pros/cons and sometimes decide that being proprietary affords more protections.

    I'd love to have everything open source - and I always encourage it wherever I go. At the very least, code should go open source when patents expire. But businesses have a different perspective, and they see code in terms of sales, market and distribution controls.

  181. Re:And this is why by oji-sama · · Score: 1

    The GPL is about the freedom of the customer not the vendor. You are already free to choose what tools you use. An end-user with closed or closable software that they depend on is not free, but dependent on the whims of the developer or the corporate strategy of the software company.

    That is a very good argument for open source, but can you elaborate on how there's more freedom with GPL than with BSD (WTFPL and Apache)? While we really haven't released much as open source, the bits that are out have been licensed with Apache 2.0 (not my favourite, but I'm not complaining).

    However, even if we disregard the idea of eventually publishing as an open source and just consider the core of our current project: our customer will end up with our source anyway, so I don't see how they would be dependent of our whims. Perhaps we could limit what they can do with it by licensing it as GPL, but I don't see the point.

    --
    It is what it is.
  182. What sort of damages? by Anonymous Coward · · Score: 2, Funny

    Well, JUST IN THE USA, that would be $150,000 (times three for wilful infringement) for copyright infringement FOR EACH COPY MADE.

    Alan could download 10,000 copies of the driver from the NVidia site and buy himself an Island!

    1. Re:What sort of damages? by stonemirror · · Score: 1

      Um, no. The $150,000 is the maximum award for willful infringement — and as noted, Alan isn't out any actual income in this situation which would make a maximum judgment unlikely —but that assumes a court's finding that infringement actually occurred. In spite of the FSF's and Alan Cox's saber-rattling, I don't believe they've actually got a case. The FSF regularly conflates a "derivative work" with a "combined work", and they're not at all the same thing.

  183. Re:So? by Pav · · Score: 1

    Intel 3D is "good enough" now for most purposes including less demanding games. I'd like a stronger graphics solution, but closed drivers is why I didn't buy an NVidia or AMD graphics solution for my last rig. Back in the day I bought a laptop with an ATI chipset because it WAS open (a high end Toshiba Tecra). It survived for six years with no worries about drivers being EOLed. Closed drivers suck... Ubuntu kinda made it work, but not for real geeks - brittle and inflexible, and increasingly not worth the effort. Closed drivers have made Linux a second class citizen on the desktop IMHO, but that doesn't have to be the case anymore. It's a shame for those trapped at the higher end though.

  184. Re:And this is why by Sloppy · · Score: 1

    this is the Linux community attempting to force Nvidia to develop open-source drivers

    I assume that by "force" you actually meant "persuade," right? Linux is offering this k3wl new interface as a carrot to graphics performance freaks in exchange for GPL-licensing their driver. If Nvidia rejects the offer and has their driver do the same stuff it did before this interface existed, the csonsequences to them are ... ? Alan Cox has them arrested and sent to the Gulag? If not, then please watch your use of the word "force."

    Also, this is all based on the pretty radical assumption, that using an interface is enough to cause one side of the interface to be a derived work of the other. That may or may not be true, but I doubt you'll find a lot of unity of opinion on that. They might be able to get away with totally ignoring Alan's opinion, his veiled threat about the lawyers, notwithstanding. This shit is not clear-cut and if it ever gets to court (it never does) you'll see what a mess it is, and no matter who wins, half the people will be rightly calling the decision arbitrary.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  185. Re:And this is why by Qbertino · · Score: 1

    The GPL is a bad thing.

    Then don't use GPL'd Software.
    Really, it's that simple. Here, let me show you, it goes like this:
    Don't like the licence of the software you're using? Don't use it.
    See? Very easy.
    Isn't it nice that we have a choice?
    Thanks for stopping by.

    --
    We suffer more in our imagination than in reality. - Seneca
  186. Re:And this is why by vux984 · · Score: 2

    Yeah, it would probably end up being something that's better and more usable than Linux.

    It would probably end up being like OSX. Which is fine, but it belongs to Apple not the community that built BSD.

  187. Re:And this is why by rec9140 · · Score: 1

    nVidia has told the Linux community repeated, their drivers will be closed binary drivers, period.

    Time to quit this BS crap nonsense, and just accept it. 99.999999999999999999999% users could not give a damn what license your software is, or if the source code is available or any of that. All they want to do is use their hardware.

    This is simply being a bunch jerks to try to force a change in the operation of a company. They've told YOU to FUCK OFF! So lets just all move on.. Allow the use of whats needed to fix this mess and move on! GROW UP DEVELOPERS! This is not the school yard and you not get to try and bully back the bullies of the past.

    GROW UP AND LETS SUPPORT the OEM's who are actively helping and developing drivers for thier hardware on Linux.

    --
    1311393600 - Back to Black
  188. Re:So? by Nikker · · Score: 1
    Wouldn't it be benificial to all patent / copyright holders to be able to see this code? It sounds like it should be manditory since that was the whole idea of the patent system to begin with, for people to show their work with out fear someone else will claim their invention as their own.

    Trolls can sift through code looking for violations. Investors look at such things and weigh the pros/cons and sometimes decide that being proprietary affords more protections.

    Does it matter the intentions of the person going through the code if some infringing code is found is it any more legal if it is obfsucated by compilers? Maybe if there is infringing code the patent holders of said code should be informed since it is their legal right to assert their claims. Maybe if this was the case where all code that holds patented material was to be availible to all to review but not implement the result would be the realization that no one can really innovate with the current system and force the market to correct it's self like capitalizim it's self insures?

    --
    A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
  189. Re:And this is why by Richard_at_work · · Score: 1

    No, they don't have to provide it themselves, it's provided by the OS as it allows functionality between disparate GPUs.

  190. What Constitutes a Derivative Work by Sanians · · Score: 1

    I should probably post this anonymously, to avoid all the bad karma... ...but fuck it. Getting bad karma for this would just make me feel good as I'd know I've forced some people to think about the issue.

    I agree entirely with what you've said. In fact, I wrote my own open source license, The Antiviral License. The section "Lack of Silly Distinctions" is especially relevant to this discussion.

    I'd thought about writing such a license for quite some time, but finally decided to do it after needing a function to calculate MD5 hashes for a Minecraft classic server I was working on. I didn't specifically need a non-GPL function, as I had no intention of distributing the code, but I like to leave my options open. ...but every freely available implementation I could find was GPL.

    So I set about writing my own from the reference documentation, which I assumed would be easy since I'd done the same for SHA1 and following the reference documentation was easy. I found that the documentation for MD5 provided example code, but its ambiguous licensing terms rendered it useless. (I forget exactly what, but it's something stupid like mixing statements of "public domain" and "all rights reserved.") The documentation also left a lot to be desired when it comes to endian issues. It explicitly says to use big endian for this and little endian for that, then says nothing at all about a couple of other things, and given the nature of the algorithm it isn't something you can just figure out by seeing where the math goes wrong. If it doesn't give you the right answer, the answer you do get gives you no clue whatsoever about where you went wrong.

    So after trying random combinations of endianness for a while, I give up and decide to consult the reference implementation to figure out the correct endianness. However, the code is blatantly unreadable, and after trying to understand it for an hour, I'm no closer to figuring out the answer to my simple question about the endianness of one part of the process.

    So I look at the code for the GPL md5sum program. Interestingly, it strongly resembles the reference implementation's code, but claims to be a copy of someone else's implementation which is public domain. So I find that person's code, and he freely admits to copying the code from the reference implementation, claiming that doing so is OK since it's public domain. (...and it might be, but it might not be. Like I said, the licensing terms are ambiguous.)

    Indeed, every implementation of the hash algorithm I could find appeared to be a derivative of the code in the documentation. ...and, like I said, it's pretty much all picked up the GPL licensing terms for some fucking reason, turning it into code that I can't use. Eventually I simply had to resort to making random changes until finally the code started spitting out the correct answers. The correct endianness was obvious in retrospect, which probably explains why it wasn't documented.

    So, while I was planning to release my code as public domain, as I initially thought that attaching any license to such simple code was dumb, I eventually realized the GPL people are being every bit as dumb every day, and it's time people started doing something about it. So I decided to use the license for anything I release. Insisting that people not use my small little functions when they choose to spread the GPL virus is certainly no worse than insisting that I use the GPL just because I use one small little function in what is otherwise mostly my own work.

    The MD5 code is available here if anyone cares. Also some SHA1 code and some FFT code there. IIRC, FFT code is another area where everything is infected with the GPL, which is unfortunate as the algorithm itself, while not anything particularly difficult, seems to lack

  191. Re:And this is why by Pav · · Score: 1

    ...or didn't pay for... specifically because of the closed drivers. :P

  192. Re:And this is why by Anonymous Coward · · Score: 1

    Intel graphics chips are awful and the ATI open source drivers are still a complete joke. If you want even moderately decent performance you need the closed source drivers. Congratulations on making Linux worse in an area where it needs all the help it can get.

  193. Re:And this is why by Randle_Revar · · Score: 1

    Intel fine for games that matter, at reasonable gfx quality. Only freaks care about running the latest Call of Modern Madden 17 or whatever at the highest possible detail levels at 2560x1600

  194. Re:So? by atriusofbricia · · Score: 2

    Why does that matter? All that matters is that I have a perfectly usable set of computers that do what I want. I don't care if dear old gran or my neighbor uses it. I hope they would for their own benefit, but I don't care if they don't.

    If what you're doing with it only includes things that do not require broad support, congrats. If on the other hand you'd like to still play games on a PC and not have to reboot to Windows, this stance is in fact one of the things that relegate us Linux users to second or third class status.

    It is a legitmate question as to why Nvidia doesn't open source the drivers or write new open source ones. The most logical thing is the chicken and egg problem of there being no money in it because there are no users, and no users because there isn't enough support.

    We have awesome desktop environments, the same browsers (or better) as every other OS, and generally the same hardware support. This is the one last thing that always results in a "nope".

    "Can I play games on it?"

    "Only if you want to play ancient games over a decade old, or humble bundle games."

    "So, nothing made in the last 10 years?"

    "Want to fiddle with WINE?"

    "Nope."

    End of discussion.

    --
    I was raised on the command line, bitch

    "Nemo me impune lacesset"

  195. Re:hearts and minds by LaughingRadish · · Score: 4, Insightful

    Can you guess how I know you've never worked in a non-Windows shop?

  196. Re:And this is why by Anonymous Coward · · Score: 1

    And this is why, you are an idiot.

    Really, fuck you.

    If you do not like the GPL, don't use it. But, I bet you have never contributed a thing in your fucking worthless life, and just like to bitch.

    If you really feel that strongly about it, don't use the software released under the GPL either-- nobody is forcing you to benefit from the efforts of others who want to protect their work.

    You complaining that I and others want to ensure that someone doesn't steal our code-- code you probably use every day, but have never contributed to-- shows you are a self entitled fucking moron.

    Fuck you.

  197. Re:The patents don't disappear when you show code by Pav · · Score: 1

    Hey, wha... what? They've got a bunch of coders just waiting to help them, and yet they want to sit in their proprietary gheto... and not only that, they want to force the kernel developers to forgo developing better ways of doing things just so they can keep on with their brittle and consumer-unfriendly way of doing things. I suppose change IS scarey, even if it's for the better.

  198. Re:The infection of GPL stunts growth... by LaughingRadish · · Score: 1

    ...except for the fact that you can't take GPLed code and turn it proprietary as you suggest. That's one of the central points of the GPL.

  199. Re:And this is why by kelemvor4 · · Score: 1

    The GPL is a bad thing.

    Not because it's viral, because it's become much worse. A religion, and alas religions have their fanatics.

    APIs GPL only? Seriously guys, WHAT THE FUCK?

    Until today, I thought the anti GPL crowd just had sour grapes. This is bad, and a perfect example of what folks have been complaining about. What a mess.

  200. Re:And this is why by ArsonSmith · · Score: 1

    "Who the hell would expose their proprietary code to placate less than one percent of the desktop market share?"

    Intel
    AMD/ATI

    That's number 1 and number 2 for most GPUs sold in the market.

    --
    Paying taxes to buy civilization is like paying a hooker to buy love.
  201. Re:And this is why by WaffleMonster · · Score: 2

    No, this is why it's GOOD, and why many developers, myself included, will not work on non-GPL projects.

    Most contributors to the linux kernel are paid by their bosses to make these contributions.

    As a commercial developer GPL means I won't look or touch a GPL 'API' project let alone contribute anything to it because when I reference it all of my propritary shit gets sucked into GPLs uselessly vauge definition of derivative work. For godsakes I have every incentive in the world to send in my patches so I don't have to deal with maintaing deltas.

    I have seen LGPL projects spring up and surpass in popularity functionality of GPL analouge it replaced. There does not seem to be any lack of users willing to contribute LGPL code back into these projects.

    I have seen LGPL maintainers go through great pains to keep GPL tainted code out of the project... seems like an extraordinary waste of talent and resources to have these crappy disputes because a few purists refuse to acknowledge reality that industry is footing the bill for most of our open source code.

  202. Re:And this is why by exomondo · · Score: 2

    Say this again when NVIDIA GPUs stop being picked for android mobile devices...

    You are aware this features is about copying data between framebuffers of multiple GPUs? This isn't going to stop nVidia being chosen for android mobile devices.

  203. Re:The API isn't GPL. Using the kernel code is. by Anonymous Coward · · Score: 1

    I think that you have a grudge against the GPL for some reason, because why else would you cast aspersions such as "clusterfuck" on the GPL with respect to the legal definition of derivative work?

    How is the GPL to blame if the courts have not defined the term to your satisfaction? The term "derivative work" is contained in the Copyright Act, and the responsibility for defining it precisely belongs exclusively to the legislative branches of each national government, and when they fail to perform their duty, then the definition will fall into the hands of the courts, but under no fair analysis can it be said that it is up to the authors of the GPL or any proprietary software license to define a term which is contained in national and international law.

  204. Re:hearts and minds by farble1670 · · Score: 1

    i don't know ... what's a non-windows shop? how many companies can get away with producing zero software that runs on windows? i'm not a windows developer and i've never worked in a company that primarily produced windows software.

    anyway, that doesn't even matter. the issue is that once GPL gets inside the firewall, the company has to track where and how it's used and make the necessary consolations when it's used. they have to ensure that the GPL code is never used by code for which they have a license to use but not to distribute.

    it's very easy to make mistakes and get into violation of the license. most companies just so "no" to begin with to avoid the headache.

  205. Re:And this is why by steelfood · · Score: 2

    It has dawned on me over the years of reading slashdot and following the community that GPL enthusiasts are rarely competent at business. And for those who are wondering, this is primarily why the year of Linux on the desktop has never happened, and is never going to happen.

    There's a reason most successful tech companies are the ones who follow standards, whereas the companies that implement proprietary solutions have died off or been marginalized. Companies don't follow standards necessarily for the the Microsoft reason of Embrace Extend Extinguish. They do it because they know it will help the adpotion of their product (the degree of help varies). They do it knowing full well that standardizing goes both ways: it can win them customers from a competitor who's also standardized, or they can shed customers for the same reason. But they know that if they don't standardize, they wouldn't have even a chance at those customers, irrespective of the quality of the rest of their product (Microsoft is an outlier due to it being a monopoly).

    And they know that standards are not determined by ideology or by license agreements. Standards are determined by usage. ISO certification doesn't make a standard a standard. Critical mass does (if anything, ISO just formalizes and cements it). GPL people don't seem to get this. They don't seem to understand that if you put out a method that you want standardized, cherry-picking the players who get to implement or dictating how it is implemented is the fastest way to irrelevance.

    And they don't seem to understand that businesses are incredibly risk-adverse. Even talking about lawsuits, whether there's any actual standing, will be enough to discourage a business from adopting something, especially something not even close to having that critical mass.

    That, and if this is just an API or headers, then it's not copyrightable, with precedent being set by Oracle vs. Google. And a copyright license therefore is inapplicable (or did everyone forget that GPL is enforced via copyrights). Not that it matters. Nvidia and others will just build their own proprietary interface and standardize that via the usual way, through a committee and RAND agreements with other fellow members. It's not like someone has a patent on the actual method.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  206. Re:Android on ARM by Wesley+Felter · · Score: 1

    By "mess" I guess you mean "ships more units in one year than desktop Linux did in 15 years".

  207. not quite that simple by Chirs · · Score: 4, Informative

    The current Nvidia binary blob resides in a bit of a grey area. They have a binary blob that was originally written without looking at the linux specs, and is not a derivative work of the kernel.

    They then have an open-source "shim" that is clearly a derivative work of the kernel that allows the binary blob (which has its own API) to interface with the kernel (which has a different API).

    The GPL says that any derivative work must be released under the GPL. Normally (as a logic shortcut) this means anything linked against the kernel, however in this case there is a real argument that the binary blob is NOT in fact a derivative work.

    However, now we have a new funky feature being added to the kernel. If the binary blob is updated to make use of it, then there is a reasonable argument that it now actually IS a derivative work of the kernel and thus should be released under the GPL.

    1. Re:not quite that simple by viperidaenz · · Score: 1

      Why can the open source shim not be dual-licensed? Sure, its a derivative work of the kernel, its licensed under GPL so that's fine.

      the binary blob driver uses the different API provided by the open source shim, with a proprietary license that allows it. (by the way, you can't copyright an API, as proven by Oracle v Google)

      If I can write and compile my software without knowledge of anything GPL, how is it in violation of the GPL license?

    2. Re:not quite that simple by msclrhd · · Score: 1

      If you start with code that is Public Domain, BSD or otherwise GPL compatible, you can add dual licensing to the code you create. The old code is still single licensed, but the code with your modifications is dual licensed.

      If you start with code that is written under the GPL, you cannot dual license it with a license that is not GPL compatible unless you get permission from the copyright holders on the original code to do so. If the GPL code is written by you only, you can dual (or triple) license it with any license you choose.

      If you write software that links with GPL code, the API you use may not be copyrightable but the code you link to is (your binary executable contains executable code from a GPL library).

      If there is a plugin/driver architecture for a GPL project, the plugin API may not be copyrightable, but the executable (kernel or application) you are hooking into is licensed as GPL code. You are using the application to provide functionality to you that your plugin/driver takes advantage of. Without that functionality (just relying on the API), your plugin/driver does not do anything useful.

      The Linux kernel developers provide a set of APIs they allow modules to use without having to make those modules GPL. These are what the current NVidia driver uses, so it is compliant.

      In a similar way, non-GPL code can execute a GPL-based binary using the exposed command-line API without having to open up its code.

    3. Re:not quite that simple by gl4ss · · Score: 1

      ..any sw that uses new kernel features through api's is a derivative of the kernel?

      --
      world was created 5 seconds before this post as it is.
    4. Re:not quite that simple by IBitOBear · · Score: 1

      Once they "dual license" their shim then they are required under that licence to supply the source code for the blob otherwise the dual licence doesn't exist. If you say "I hearby license you this car but you can't have it" the license wouldn't really exist.

      The _technical_ depth of the license enforcement mechanism is a single #define that triggers an #if in the header files. That is an easy enough thing to "circumvent" since it isn't exactlhy DRM.

      Once they invoke the code, however, the cat is legally out of the bag.

      This isn't about dirrivative code either. Don't think of the kernel using the driver here. This is a case of the driver wanting to use the kernel. In normal cases there is no distinction, but since NVidia has chosen to be all pick-and-chose about the relationship, the authors of the GPL only code have said "if you want to pick and chose this part, you have to play fair."

      This entire thing could indeed be solved if NVidia fixed the license on their shit. But shoudl they do so, their most precious and holy IP would be disclosed the way it should always have been from the beginning.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    5. Re:not quite that simple by mapsjanhere · · Score: 1

      Nvidia makes it money with high-end graphic cards. Who buys high-end graphic cards? Gamers. How many gamers are there on Linux? Nvidia was offering to up the performance of Linux computers, a small fraction of their low-profit mass produced card sales, by optimizing their drivers for a Linux feature that makes Linux look good. Now you have lawyers telling them they can't do it, marketing predicts a loss of $3.25 in sales, and they move on. Probably making up for the lost profit by laying off the engineer who wasted his time implementing the feature. But the purity of the GPL has been preserved. Victory all around.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    6. Re:not quite that simple by viperidaenz · · Score: 1

      You are using the application to provide functionality to you that your plugin/driver takes advantage of. Without that functionality (just relying on the API), your plugin/driver does not do anything useful.

      Since when did doing something useful change anything to do with copyright?

  208. Re:And this is why by Pav · · Score: 1

    The nVidia guys should stop being freeloaders on a GPL platform. There are BSD kernels out there, not to mention windows mobile (if you want an actual existing mobile platform). Linux is popular amongst the people doing actual FOSS development for a reason, and that reason is the GPL.

  209. Re:And this is why by oji-sama · · Score: 1

    Since my reply was apparently considered to be a troll and his was insightful, can someone kindly explain what this insightful idea was, considering that he is replying to a message where I described how I would have sent the patches? Hate BSD how much you want, but even if you won't send a patch if you are not forced to, it doesn't mean I won't.

    --
    It is what it is.
  210. A good step in the right direction by jcdr · · Score: 5, Insightful

    The GPU is no anymore a peripheral device, it's more and more integrated on the same die as the CPU. Intel, AMD or ARM have plans to lowering the difference even more on how GPU and CPU will exchange data and will view the rest of the system. Basically, the CPU cores and GPU cores will share the same location into the architecture. This move is not so different from the integration of the FPU core into the CPU that have existed back to the 80486/68040 days. About ten years before the FPU integration, the FPU chips was a lucrative business: this part was so expensive that it was an option that only a few can buy. Not anymore, FPU less CPU are now only found in the lower part of the ARM embedded market. There is no x86_64 chip without FPU by the design of the instruction set. GPU is the next core to get the same integration.

    What this means ?

    First, since Nvidia don't own a licence to build x86_64 chip, the game is actually already over for them. There known that since the failed merge talk with AMD and explain why there focus on the high end and ARM chips since this time. This also explain why Linus Torvalds "fuck you Nvidia" response was focused on the Tegra ARM SoC despite the fact that the original question was about a x86_64 laptop.

    Secondly, Intel and AMD known that sooner or later, the GPU core will be so integrated with the CPU core that there cannot be managed anymore by only a driver to do in a efficient way there new roles aside of the graphic display. The trigger point will probably be when the GPU will passe on the CPU side of the MMU (or something that look like this). At this stage the paging management for the GPU will be almost impracticable from within a driver to cooperate efficiently with the core operating system, not counting the brainfuck crap in case there are not developed by closely related peoples. This don't automatically say that GPU driver will cease to exist for some graphic aspect, but the GPUCPU part will end up into the kernel for the most critical aspects. It's easy to see why on Linux, access to the GPU from a proprietary driver is really not an option for the future (even if the current issue is only about DMA sharing data between devices).

    1. Re:A good step in the right direction by jcdr · · Score: 1

      Looking at the replies of my comment, I realize that I must make a better explanation of the first point, because a lot of peoples are talking about licencing, but the problem is far more deep than that.

      Let's start with a bit of the current context: the largest market value for GPU is still on the standard x86_64 machine. This is actually the market where Linux is not a concern for Nvidia because it is served a lot by Microsoft and Apple, so there talk with them and no with Linux community. But because of the GPUCPU integration Nividia is game over on this market and focus on high end and ARM Soc. The big problem for Nvidia is that those two new markets are actually better server by Linux than anything other. High end computing use Linux almost exclusively and the vast majority of high end ARM SoC run Linux (a lot because Android use Linux kernel). Nvidia face the fact that there can no longer view Linux as an low volume market for geeks. There can still play the proprietary card with Microsoft, Apple, Sony, Nitendo and a few others that can afford to maintain there own proprietary operating system, but those companies are now facing the Google Android system (running Linux) that is anything but a small problem for them.You maybe better get how there are nervous now and why there are subtle, confidential, and complex negotiations about where will get share of the next devices running proprietary operating system. It extremely difficult to get constant partners in this context because you have to serve concurrent ones. Lately Nividia have lost some future partner's markets. This became more and more challenging to live without Linux in the future. The Ouya project make them only even more exposed to Linux.

      To resume: the primary market of Nvidia is game over because of the integration. In the secondary Nvidia market, high end is owned by Linux, and ARM Soc is also heavy ruled by Linux. Conclusion there have now to make a choice: play with Linux or deny some more markets opportunities.

      The clash is now more evident: in one side Nvidia, as said Linus, try to push hard chip on a new market that heavily run Linux because this is increasingly vital for them; and in the other side Nvidia constantly refuse to support Linux like there authors ask for. This have make some authors angry because there don't wants anymore trying debugging kernel going erratic by a binary blob. There reaction is now: share or leave, but stop annoying us, because as authors, it's our rights to protect our work from your misuses. And this is not a problem on how the license is interpreted by Nvidia.

      The raw fact is that Linux authors have absolutely no obligation to Nvidia. Dead end, point final. schuss fertig, etc...

      The next level in this game is how the companies that sell products with Nvidia chip running Linux will manage the legal risk of doing so. The pressure might not only get from the Linux community...

  211. Re:And this is why by exomondo · · Score: 1

    The GPL is a bad thing.

    Not because it's viral, because it's become much worse. A religion, and alas religions have their fanatics.

    I wouldn't necessarily say the GPL is a bad thing, it's a choice that developers have the right to make, though in this case it is harmful to the user. In this case the GPL attempts to force the ideology of one party upon another, if that other party doesn't accept it who gets hurt? The user.

    If this were BSD-style then both parties would be able to co-exist and not have to abandon their ideology in order to work together.

  212. Re:hearts and minds by LaughingRadish · · Score: 1

    Let me put it a different way: Have you ever worked in a shop that did anything with Unix within the past five years?

  213. Re:And this is why by petes_PoV · · Score: 1

    Apparently they think it is worth it,

    That view needs modifying to "They think it's been worth it, so far.

    Once they start feeling they have been put at a disadvantage, there are two ways they could go: they could either have a flash of insight and start a programme to rehabilitate themselves, or they could decide that a kick in the nuts like this tips the balance and makes it not worth the effort of supporting their graphics cards any further - after all, it's only Linux: no big deal.

    I doubt that Nvidia will hurt too much from pulling out of the Linux market - the question is, will the Linux users feel the same about losing a graphics supplier?

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  214. Re:And this is why by Sable+Drakon · · Score: 1

    No, it really isn't. Most gamers run at 1920x1080, with the runner-up being 1366x768. Intel IGPs barely run Unreal Engine 3 games above Low/1366x768 at a decent framerate, much less Medium or High at the same resolution.

    --
    The Amarri pray for god, the Caldari pray for profit. the Gallente pray for peace, but the Minmatar pray their ships hol
  215. Re:hearts and minds by farble1670 · · Score: 1

    exclusively.

  216. Re:And this is why by petes_PoV · · Score: 1

    Your argument only works in the case where Linux is the only operating system. Both terms of the argument (GNU/Linux, OS's and GPU suppliers) are equally interchangable. Although where one party is weaker in it's market share: either GPUs or O/S, then that one is obviously at a disadvantage and needs the other more than it's needed, itself.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  217. Re:And this is why by PlusFiveTroll · · Score: 4, Informative

    The GPL doesn't prevent your competitor from using it. It prevents your competitor from taking it, improving it, and using it directly against you. In the GPL he has to release the improvements back to the community. The entire 'community' benefits in the end because of the code you released.

    With the BSD license, the competitor takes your code, makes it better then charges you to use the improved features. Granted there are a lot of cases where BSD code is good, but long term open computing platforms are not one of them.

    In every case a freedom has a set of associated costs. If you use 'free' software to reduce business costs, there is going to be a cost when it comes to selling the software. It seems an odd position that you want the code to be 'free' as in no rules so you can sell it and be protected by IP, copyright, and trademark rules.

  218. Re:And this is why by fredprado · · Score: 2

    Linux is the kernel for all Android devices, which is a huge market at the moment.

  219. Re:It would still become a derived work of the ker by Trogre · · Score: 3, Insightful

    If we're calling licences such as the GPL "viral" then we should refer to proprietary closed-source licences as "dead-end".

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  220. Re:And this is why by fredprado · · Score: 1

    Or maybe because they want to keep selling GPUs to mobile devices...

  221. Re:And the result will be ... by sethmeisterg · · Score: 1

    Bingo.

  222. Re:So? by Panaflex · · Score: 2

    The patent system is broken. Those who strive for new ideas and create new designs never seen before are far overshadowed by people patenting variations on blinking cursors, linked lists and sorting algorithms.

    The patent system has congressional oversight - which is broken also. The patent system is abused by large corporations who push through hundreds of patents a year knowing that not all of them are truly unique.

    --
    I said no... but I missed and it came out yes.
  223. Re:And this is why by PlusFiveTroll · · Score: 1

    No, it's the unfortunate condition of the law in its current form that will take a group of reasonable people, add a charter and a lawyer, and turn it in to an immoral and ahuman device. Your business might shit flowers and go on nature walks with Jesus today, but get bought out by Oracle tomorrow and start killing seals with a bat. It's a good idea to license your software before you release it. The GPL was designed to address abuses that had already occurred with open/free computer code at the time it was written. The corporate world doesn't have to play that game. They can submit to Apple's and MIcrosoft's will any day of the week and get rich from doing it.

  224. Re:It would still become a derived work of the ker by MightyYar · · Score: 2

    Well, it's a crazy made-up IP law hack, so it's not going to have a perfect real-world analogy. A virus as an analogy is as good and as bad as any. The point is that it will infect your code, and it can be difficult to avoid. That serves MS marketing quite well. On the other hand, they would probably not use the analogy of their own software being like a blood-sucking parasite or a tax - yet both are pretty good analogies.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  225. Re:So? by MightyYar · · Score: 2

    Now I have to admit that I have been playing Minecraft lately... but honestly, gaming is not a reason that I have a computer.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  226. discrete vs integrated by Chirs · · Score: 1

    Of *course* a discrete card is going to spank an integrated one. However you're talking about a $250 card vs an entire laptop costing $500.

    And unless you're doing CAD or gaming, the integrated stuff is just fine. My 2-year-old i3 with integrated graphics handles basic effects and does hardware-accelerated h.264. Realistically, that's 99% of what it spends its time doing.

    1. Re:discrete vs integrated by Sable+Drakon · · Score: 1

      At least you, unlike a few commentors in this specific thread get it. There will always be a need for a discrete GPU, since IGPs can't to much before their limits are hit. Running the Windows GUI and H.264 decoding are in-line with their designs. Encoding H.264 however, I wish they were better at it.

      --
      The Amarri pray for god, the Caldari pray for profit. the Gallente pray for peace, but the Minmatar pray their ships hol
    2. Re:discrete vs integrated by Rockoon · · Score: 1

      However you're talking about a $250 card vs an entire laptop costing $500.

      I am comparing to 5-year old $250 card. Why are you ignoring this fact? There is only one answer to that. You don't intend to be honest.

      --
      "His name was James Damore."
  227. Re:hearts and minds by exomondo · · Score: 1

    "Please comply with the very permissive licence that we chose to licence our code under" does not amount to a religious argument.

    No, the GPL is a restrictive license. Unlike the GPL a permissive license does not push it's own ideology on others.

  228. Re:And this is why by Microlith · · Score: 2

    The code behind them is protected, and as a kernel module you are derivative work of the code behind those APIs. Trying to suggest that the APIs (that is to say, the prototypes, which is what Oracle tried to claim) themselves are being claimed is ridiculous.

    But this is just another anti-GPL, anti-Linux attack to try and skew things in favor of uncooperative closed source vendors.

  229. Re:And this is why by aristotle-dude · · Score: 1

    How tyrannical that people who write code want a say in how it's used. The bastards!

    You can simply choose to not share them in the first place.

    I don't think you understand how dynamic linking works. I do not have to distribute libraries that I have dynamically linked my binary to. The end user can download them separately and that binary will work with those libraries as long as the interface has remained the same.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  230. Legality unchanged by mcover · · Score: 1

    See: http://lwn.net/Articles/154602/ By using EXPORT_SYMBOL_GPL the kernel's linker simply prevents any kernel module NOT marked as GPL, which is using EXPORT_SYMBOL_GPL'ed functions, from loading. EXPORT_SYMBOL is not magically allowing non-GPL code, it just means that people can play ignorant and pretend they didn't know better. IANAL

  231. Re:So? by peppepz · · Score: 2

    Even if it is true that NVIDIA is just in it for the money, I think capitalism works the same way.

    And that is exactly what the GGP was saying. Open source is no capitalism. Which is not to say that capitalism is bad. It's just that open source works differently and Linux is open source.

    Why did he suddenly become pist? Because they decided to roll their own infrastructure code - due to the fact that they couldn't use the gpl version.

    ...which in turn is due to the fact that they don't want to share a thing, as the GGP was saying. Which is completely different from the picture of NVIDIA that you were painting with the figures for the ARM kernel.

    So, Linus is pissed because NVIDIA didn't do what he wanted, not because they do a bad job. He's pissed because they don't contribute or integrate into standard Linux DRI drivers.

    He's pissed because if you don't integrate, the resulting operating system is a mess to develop, debug and maintain. Not to mention, that it's much worse for end users.

    But they did exactly what they had to do in order to maintain their non-derivative status.

    Which is an elaborate way of saying:
    they did exactly what they wanted to do, in order not to share code like everyone else on the desktop (ATI, Intel) is doing.

    I know how this goes.

    I don't doubt that, but why are you throwing patents into the discussion, when patent protection is independent from the open source status of the code, as patents by definition must be disclosed?

  232. Re:And this is why by Jah-Wren+Ryel · · Score: 3, Insightful

    The reason they won't go open source is that it exposes them to patent lawsuits, frivolous or otherwise.

    I've been hearing that for probably a decade. I used to believe it, I don't any more. The reason for my change is that AMD/ATI and Intel don't seem to have had any significant problems in that regard with their open source gpu drivers.

    So, either Nvidia explicitly knows they are violating some patents (and haven't don't anything about it for ~10 years) in which case they are deliberately sitting on a ticking time bomb anyway, or it is just misdirection.

    --
    When information is power, privacy is freedom.
  233. Re:It would still become a derived work of the ker by epiphani · · Score: 1

    And while GPL may not be viral, it is my-way-or-the-highway.

    Show me a license that's not "my way or the highway". In fact, show me any legal contract that's "my way or... you know, do whatever you want."

    --
    .
  234. Re:And this is why by aristotle-dude · · Score: 1

    As far as I understand it, this is not an "interface" in the sense of header files. It's an interface to a particular hardware I/O use-case and is implemented in the kernel in real, compiled, C code. It's much like how the socket code in the kernel is an "interface" for user applications to use network hardware. While sys/socket.h might not be copyrightable, the underlying implementation in the kernel is.

    I'm pretty sure this makes it subject to the GPL. Please correct me if I'm wrong.

    Header files are a language specific concept. Not all languages use header files. Some languages just define the interface in another file with the same extension as the class.

    If you expose methods the the "public" either as methods in a class or an interface then that constitutes an API. If you don't want the public to use your library without looking at your code base and therefor being "infected" by it, then don't expose your method calls as public in either your class or interface.You can use polymorphism to expose a generic method that can be transformed into more specific methods internal to your class. Using those methods would require having intimate knowledge of your codebase which would prevent a "clean room" implementation of a client to the library.

    Another option would be to use a magic number or magic object type to "lock" your library from use by anyone without implementing a class contained within your GPL'ed codebase. Any client not able to reproduce the same object type with the correct attributes would fail to operate.

    The GPL is a classic example of developers who have no real understanding of copyright and property rights working with lawyers who do not understand how software development works coming up with a license that those does not reflect the reality of either software development or the law around property rights.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  235. Re:And this is why by Jah-Wren+Ryel · · Score: 1

    I agree with your response. People who tell you what you would do in direct contradiction to what you said you would do so they can build a bogus argument are assholes and calling out their intellecutal dishonesty with straight-foward vulgarity is entirely appropriate.

    But, if you take that personal shit out of his response and assume the general case, he does have a good point. It sure seems like that vast majority of BSD code re-users just drop it into their proprietary system and leave it at that. Even those like Apple who do contribute back to BSD projects do it explicitly so that they can picka and choose how much or how little they give back. The questions of what is "fair" or what is best in the long run are complex and pretty much unanswerable which is why BSD/GPL debates tend towards never-ending repetitions of the same talking points.

    --
    When information is power, privacy is freedom.
  236. Re:It would still become a derived work of the ker by Narcocide · · Score: 1

    http://en.wikipedia.org/wiki/Tragedy_of_the_commons

    Nothing more than a line in the sand.

  237. Re:And this is why by iive · · Score: 1

    APIs GPL only? Seriously guys, WHAT THE FUCK?

    That's not what's happening at all.

    The basic fact is: the Linux kernel sources are GPL licensed. This was an early decision by Linus, and no amount of wishing will change that. There are just to many contributors that would have to approve a re-license.

    Now, the GPL is very clear regarding derived work: if you distribute such a work, it needs to have a GPL-compatible license and provide sources.

    What constitutes a derived work for a kernel? Basically, calling any code from the kernel would create a derived work, so the Linux license contains exemptions for user space code that calls the kernel through the public interface.

    However, in this case the nVidia driver would call an internal kernel function, that is not exempted, so this would create a GPL derived work. The function is so low level that it would create an intimate bond between the Linux kernel and the nVidia binary driver.

    Even if the Linux maintainers would allow this, anyone that wrote any part of Linux could start a court case against nVidia for breach of license. Would that be a better outcome?

    If the above was even one bit true, non-GPL modules would have been completely forbidden from loading in the kernel at all. But they are not, here is explanation why.

    The derived work of the GPL kernel and non-GPL NVidia module is produced when the module is loaded. This is when the linking of both happens. It is very important to note this, because the "calling" thing you are using is just red-herring.

    This derived work is allowed because it is done by the user of the system. The result never leaves the memory of the user's system, so it is never distributed. GPL explicitly allows the user to do anything, as long as it doesn't involve distributing the result.
    It also means that GPL kernel + non-GPL-nvidia cannot be distributed together.

    If you take a look of the code that compiles the NVidia module for your kernel, you will notice that the code does not contain any GPL code in itself. It may require some kernel headers and config files, but these have been established to not be copyrightable (and thus no need of license for them).

    So, what is the problem?

    NVidia can implement its own kernel (API and ABI compatible with linux) that have its own DMA-BUF implementation that uses the same API. This module would work on it. However it won't work on normal linux kernel.

    The problem is that some kernel developers have implemented DRM system, that artificially limits the user in what he can do with his system. If he tries to compile a module that is not under GPL license, a selected number of functions would cause the build to fail. The freedom of the user is artificially taken away. Well, thanks to the GPL the user can hack the kernel and remove the marks of these function, however this is procedure that takes time and effort that are basically wasted.

    This is what NVidia wants removed. These functions are not special in any legal way. All kernel functions called by any module are covered under GPL, because the whole kernel (including the files from BSD) is GPL.

  238. Here's an idea by viperidaenz · · Score: 2

    What if I produce GPL code that exposes effectively the same API as the kernel, and the implementation of that API directly calls the kernel. Is that legal?

    What if I was to then release the same code (or just the header files the define the new API) under a different license?

  239. Re:And this is why by SolitaryMan · · Score: 1

    Because business/profit/popularity religion is so much better!

    --
    May Peace Prevail On Earth
  240. Re:And this is why by DeadCatX2 · · Score: 1

    Linux has a license (GPL) that states some requirements on what you can and can't do with it, this license is wrote that way so the code will remain free.

    Riiight...because if someone uses GPL code in a commercial application, suddenly that GPL code can no longer be used by anyone for free? The source just mysteriously vanishes from the Internet, forever lost to the evil corporation which stole it?

    --
    :(){ :|:& };:
  241. Re:And this is why by exomondo · · Score: 1

    They just can't put it in one of their proprietary blobs when they give it out to other people.

    Put what in their proprietary blobs? As far as i can tell this is about linking with exported kernel symbols, not putting kernel code in the proprietary driver and distributing it.

  242. Re:And this is why by DeadCatX2 · · Score: 1

    Without the GPL, they would have taken this code and added it to their proprietary code bases and we'd never have seen future improvements of it. That's not a good thing, ever.

    You would get the same future improvements with or without the GPL.

    With the GPL, a corporation will just refuse to use the source outright, leaving you with only the GPL contributors to provide future improvements.

    Without the GPL, you still have the contributions that you would have had with the GPL, but now there's at least a chance that the corporation will give back improvements to the code base, if only so they don't need have to fork the source and handle maintenance when the project makes a new release. Even if the corporation didn't contribute back, there is NOTHING stopping the original contributors from continuing development.

    --
    :(){ :|:& };:
  243. Re:hearts and minds by nedlohs · · Score: 1

    And yet not a single copy of bash or gcc anywhere. Not a single instance of linux or piece of hardware that uses linux internally. Not a single dell machine with a DRAC? And so on and so on.

  244. Re:And this is why by exomondo · · Score: 1

    Freedom is often a matter of give-and-take, unfortunately.

    But this isn't freedom, the user now does not have the freedom to choose a proprietary driver.

    There's something to it, as well ... closed graphics drivers have been one reason "why graphics on Linux sucks," which has prevented linux devs from fixing the problem in the first place.

    So allowing the user to choose a proprietary nvidia driver shouldn't matter anyway because they could choose an open source amd driver which - if what you say is true - should be vastly superior. Don't take the user's freedom, allow the user to make the choice.

  245. Re:It would still become a derived work of the ker by sjames · · Score: 1

    Yes, normal system calls. nVidia wants to link against internal kernel functions.

  246. Re:Android on ARM by Pav · · Score: 1

    ...and that's despite the BSD's which are open source and would suit nVidia better. Why? GPLed code has more market share for exactly the reasons nVidia is bitching and moaning. nVidia can enjoy their userspace second-class citizenship - they really don't belong in the kernel and it's high time they were kicked out of desktop Linux too. The kernel guys really should have left the market open to anyone who actually wants to play ball (ie. Intel, and perhaps ATI back-in-the-day would have stayed open without the closed competition. Hell, perhaps even a niche player like Matrox could get a leg-up again.

  247. Re:It would still become a derived work of the ker by mrchaotica · · Score: 4, Insightful

    You may argue that the GPL is the big dog in FOSS, but looking around at the various large FOSS projects out there, Linux is the only major GPL'ed software.

    So you've never heard of GCC, or the GNU userland utilities that most Linuxes and BSDs (including OS X) use, or the Busybox userland utilities that all the rest of the (embedded, etc.) Linuxes use? All that's GPL, and (IMHO) more important than the Linux kernel (even though I'm not one of those folks who cares about calling it "GNU/Linux").

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  248. Re:And this is why by Pav · · Score: 1

    For most other hardware it has.

  249. Re:And this is why by exomondo · · Score: 1

    GPL licensors demand that others don't redistribute GPL code as their own.

    What's that got to do with this situation? nVidia are not distributing GPL code, they are distributing a module that would link with GPL code on a user's machine if it weren't for the EXPORT_SYMBOL_GPL declaration, if the user changes this to EXPORT_SYMBOL it will link fine and they can use the proprietary driver, so what's the point of preventing users who don't recompile their kernel with that change from using proprietary drivers if they want to?

  250. Re:Purity vs Relevance by epyT-R · · Score: 1

    1. high end routers are all proprietary anyway, making the bsd licensing of some components irrelevant to the issue between proprietary and gpl.

    2. android is also a fucking mess as a result. It's riddled with binary blobs that break, making upgrading devices to current versions nearly impossible. I'ts like building a house with toothpicks. I can see why the kernel devs want none of that in the kernel.

    3. I'll bet the reason for it was that, at the time, linux was more easily portable to broadcom than any of the bsds, so linksys used it for the original wrt line. like it, there are plenty of modern home routers that suffer from blob disease, nullifying the point of open source in the first place.

  251. Re:Purity vs Relevance by epyT-R · · Score: 1

    if 'linux people' don't stand up for the reasons behind their licensing structure, they lose anyway as their project gets riddled with more and more blobs that cripple portability and debugging. better to stand up and fail than not to.

  252. Re:The infection of GPL stunts growth... by mindmaster064 · · Score: 1

    They don't have to. They can leave the GPL code as is, add GPL w/library exemption (since it is their work) to the tack on (remember GPL prevents you from limiting rights not expanding them..), and link their code to the new interface. This is exactly what every single program that links to the standard library (GCC) is currently doing regardless of it's license. Thus, they only have to "GPL" their glue code and connect to the glue -- the glue would be GPL and the proprietary module would only interface that thus no GPL violation -- the interface can be open source since it doesn't cause a problem. If it worked as suggested by you it would be impossible to link anything in Linux without it automatically becoming GPL since technically everything 'links against' the kernel libraries by extension. GPL lets you fork and branch the code all you'd like the GPL specifically states you can modify the software you just have to distribute the code.

  253. Re:And this is why by Pav · · Score: 1

    Some of us are already there.

    I actually learned that I didn't need non-Intel 3D (I'm not a FPS gamer), and I admit I am a little sad about this. Still, Intel deserve the extra oxygen and nVidia don't.

  254. Re:And this is why by Pav · · Score: 1

    Awesome. That little gulp of oxygen really belongs to someone who isn't nVidia.

    ...and they're providing support for Linux out of the goodness of their hearts? What rot.

  255. Re:And this is why by Pav · · Score: 1

    Because even though you would the average developer often doesn't - GPL is winning for a reason.

  256. Re:Suggestion for nVidia by the_B0fh · · Score: 1

    If you don't like the license of a particular software, don't use it. Is that such a difficult concept?

    If you disagree with Microsoft's license, don't pay for it, and don't use it.

    If you disagree with the Linux license, don't use it.

    Feel free to write your own Microsoft layer, like people did with WINE. Or like how VMware reimplemented some things so that they can re-use Linux drivers. See? Instead of bitching, you get to decide what you should do. Isn't that the right way to do this shit?

  257. Re:So? by Gadget_Guy · · Score: 1

    There is very little benefit in having open source software which people can't alter and distribute because it would infringe on someone's patent. That is not open. Of course they could always write a statement promising not to sue over patent infringement, but that would water down the patent.

  258. Re:hearts and minds by the_B0fh · · Score: 1

    Then you are a fucking idiot. Even Microsoft uses and has written GPL code.

  259. Re:And this is why by Pav · · Score: 1

    ...and closed source drivers have helped keep Linux 3D second-class. Linux wireless is finally a first class citizen, and 3D is on it's way. Intel is there, and AMD is slowly breaking. nVidia will get there dispite the bitching and moaning.

  260. Re:And this is why by rahvin112 · · Score: 1

    You are aware they tried that right? Back in the days of Tegra 1 they decided that they wouldn't cooperate with Linux/Android and that Windows was the only OS they would support. That strategy worked so well they didn't sell any chips.

    Linux IS required for their business. It's a MASSIVE share of their current business and they've bet the company on it's future. If they walk away from Linux they are walking away from the entire High Performance computing industry, cellular (Android) and almost all GPU based computing (almost all of it is Linux based scientific computing).

    Maybe they can declare that the Tegra will only work under Windows Phone like they did in the past and see how far that gets them.

  261. Re:And this is why by Pav · · Score: 1

    If you thought from a kernel developers perspective you'd see things differently. Development is HARD, and bug reports become pointless when binary blobs are involved. It's a colossal waste of time, and a crying shame. Linux has enough trouble making headway with out this bullsh*t, and the latest Intel solutions are becoming good enough (finally) for casual gamers. It's time nVidia was cut off from the Linux desktop... perhaps the other makers can gain an extra gulp of oxygen as a result.

  262. Re:So? by atriusofbricia · · Score: 1

    Now I have to admit that I have been playing Minecraft lately... but honestly, gaming is not a reason that I have a computer.

    Sure, and I don't game that much either. That said, lots of people do who are more or less trapped on Windows.

    --
    I was raised on the command line, bitch

    "Nemo me impune lacesset"

  263. oh yay by smash · · Score: 1

    I'm so glad for "free software".

    I'll stick with BSD thanks.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  264. Re:And this is why by Pav · · Score: 1

    Which is why noone ever adopted this irrelevant nerd-toy... oh wait.

  265. Re:And this is why by exomondo · · Score: 1

    So why are they trying to control what software the end user wants to use? If the user wants to use a proprietary driver who are the kernel developers to exert control over them and disallow them that choice?

  266. Re:And this is why by ByteSlicer · · Score: 2

    If the above was even one bit true, non-GPL modules would have been completely forbidden from loading in the kernel at all.

    Nothing I said was contrary to what you said.

    The derived work of the GPL kernel and non-GPL NVidia module is produced when the module is loaded. This is when the linking of both happens. It is very important to note this, because the "calling" thing you are using is just red-herring.

    The whole purpose of linking a module is to enable calling code from that module. So I implied that.

    This derived work is allowed because it is done by the user of the system. The result never leaves the memory of the user's system, so it is never distributed. GPL explicitly allows the user to do anything, as long as it doesn't involve distributing the result.
    It also means that GPL kernel + non-GPL-nvidia cannot be distributed together.

    If you take a look of the code that compiles the NVidia module for your kernel, you will notice that the code does not contain any GPL code in itself. It may require some kernel headers and config files, but these have been established to not be copyrightable (and thus no need of license for them).

    Like I said: if you distribute such a (derivative) work, it needs to have a GPL-compatible license and provide sources.
    Just using the code has never been seen as distribution, so I didn't mention that.

    The problem is that some kernel developers have implemented DRM system, that artificially limits the user in what he can do with his system. If he tries to compile a module that is not under GPL license, a selected number of functions would cause the build to fail. The freedom of the user is artificially taken away. Well, thanks to the GPL the user can hack the kernel and remove the marks of these function, however this is procedure that takes time and effort that are basically wasted.

    This is besides the point. The compilation checks are just there so people don't accidentally create derived works by calling internal kernel code (non-public interfaces). It would be trivial to disable those checks, but that wouldn't make it suddenly OK to call the internal kernel code, from a legal point of view.

    This is what NVidia wants removed. These functions are not special in any legal way. All kernel functions called by any module are covered under GPL, because the whole kernel (including the files from BSD) is GPL.

    This is incorrect. The Linux kernel is GPL, but has exemptions for calling functions/syscalls that are part of the public interface (otherwise all Linux apps would have to be GPLv2). Binary-only drivers that call non-public code are only allowed so long as they are not distributed with the kernel.

    There is a legal grey area regarding whether or not dynamic linking GPL code constitutes a derivative work (FSF thinks it does). It would have to be decided by court, but using these internal kernel functions would likely be seen as creating a derivative work, regardless of any compile checks.

  267. Re:And this is why by Pav · · Score: 1

    *blink* Yes, this... except it's actually YOU.

  268. Re:And this is why by ByteSlicer · · Score: 1

    To be clear: if the nVidia driver would be a derivative work of the Linux kernel because it dynamically links to internal kernel code, then it would be illegal to distribute this driver unless it complied with the GPL. Home users would still be allowed to use it, but they would not be able to, unless nVidia violated copyrights.

  269. Re:And this is why by Pav · · Score: 1

    There is and always has been an alternative BSD ecosystem, yet it doesn't have the goods you want. Contemplate why.

  270. Re:And this is why by fredprado · · Score: 1

    Not this one, yet, but:

    1) at some point in the near future there will be multiple GPUs in mobile devices

    2) there are other equally useful features in the Linux Kernel related with GPUs under GPL, if Nvidia decides to keep proprietary it will have to reinvent the wheel many times, and will eventually put itself in a very disadvantageous position compared to its competition.

  271. Why is the API GPL? by seeker_1us · · Score: 1

    I am really not understanding this. We use Win32API in Wine. The reason being that it is just an API and not Windows code. But the kernel API is different? Is this some sort of extension of the "statically link" clause in the GPL?

    1. Re:Why is the API GPL? by aristotle-dude · · Score: 1

      I am really not understanding this. We use Win32API in Wine. The reason being that it is just an API and not Windows code. But the kernel API is different? Is this some sort of extension of the "statically link" clause in the GPL?

      An API cannot be GPL'd or have any other license. Some of the requirements to implement a client for that API can be but most case law seems to suggest that you could reverse engineer such requirements using clean room techniques by making sure that the implementer never saw the original GPL'd codebase.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  272. Re:And this is why by Rockoon · · Score: 1

    are to share what this $250, 2007-era GPU is? Or are you just pulling this out of your ass?

    The 8800 GT

    You would know that if you had anything of value to offer.

    --
    "His name was James Damore."
  273. Re:And this is why by maccodemonkey · · Score: 1

    It's a good idea to license your software before you release it.

    An idea that's my choice. Other people trying to beat my software with it's dogmatic bats, even just by pressure, is not appreciated. For a group that supposedly supports freedom so much there are quite a few who seem to be intent on forcing their ideals on others.

  274. linux kernel license fight: ELI5 by cratermoon · · Score: 1

    You have a nice playground called linux, and you ask everyone who comes to play in it to follow your rules, except for parts around the edges where you let other people make their own rules. One of the playground bullies comes along and says you should make the shiniest most fun part of your playground where you ask everyone to follow your rules into an "anyone else can make the rules" area. This bully says you have to do it because he needs to make more friends, and all the people he wants to be friends with play in the shiny part of your playground. You tell the bully that no, he has to make friends by being nice, not by making other people follow his rules, and he calls you a meanie doodoo head and says it's your fault he doesn't have any friends.

  275. DMA-BUF with no proprietary drivers is pointless! by Blaskowicz · · Score: 3, Interesting

    Face it, the only reason for DMA-BUF at all is to use multiple GPUs, some better than others. It will typically be an Optimus laptop with Intel + Nvidia, or maybe AMD APU + AMD GPU. But without proprietary drivers the bigger GPU is entirely pointless! Say you have an Intel IGP plus a nvidia GPU, if you use nouveau on the nvidia GPU then you lose so much performance and battery life it's useless and you're better off disabling it and staying on Intel. Unless you like wasting your money for a minor improvment with terrible inefficiency.

    So, linux is really jumping the shark, I guess what's left is distros should switch to BSD just like debian/kFreebSD, starting with Mint. Unless this terrible situation is resolved.

  276. Re:GPL API by Luthair · · Score: 1

    You're comparing apples and oranges.

    In the Oracle-Google case Google re-implemented the Java APIs and did not touch or use Oracle code, in this instance nvidia would need to bind to GPL code potentially trigger GPL's viral clauses.

  277. Non-programmers confused about APIs by aristotle-dude · · Score: 1

    The Oracle case was about whether Google took Oracle copyrighted code to reimplement the API/Runtime of Java. In this case, Alan Cox is trying to dictate the license that a client of the API uses. That is a major overreach on his part. Unless if the API requires specific classes to be passed/referenced as value types which are only described inside of GPL'ed code and not describe in any documentation external to that source, he cannot say squat about licensing of the client code. I don't care if he thinks that the GPL gives him that right because the GPL does not overrule the copyright of any author especially anyone dynamically linking to a library. Effectively, what this means is that the majority of LGPL'ed code is really no different than the equivalent GPL'ed code because the GPL cannot dictate licenses of dynamically linked code. They can insist that their library is not distributed with the executable but that is as far as it goes. The GPL needs to be challenged in court on these grounds. I believe the linking clauses are an overreach and violate copyright of others.

    If the API only makes use of generic value types then they can be used by anyone without having to reference any GPL'ed code. A long only the method signatures (the API) are referenced in your code and the API does not require any undocumented class objects as parameters then Mr Cox can whine and complain all he likes but he does not have a legal leg to stand on. APIs, whether being reimplemented or accessed by clients cannot be copyright.

    Mr. Cox would have to use a "magic" class type known only to his GPL'ed code to lock down the API but that could be circumvented potentially with a clean room reverse engineering project to determine the structure of that class and reimplement it. Alternatively, he could have a generic initialization method that only actually unlocks the API if you override the abstract class with a specific implementation known only to the GPL'ed code.

    Sorry Alan, but if you really don't want to share then don't release your code in the first place.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  278. Re:And this is why by binarylarry · · Score: 1

    Right because they never update their engine. Ever.

    Even cooler story bro, keep em comin.

    --
    Mod me down, my New Earth Global Warmingist friends!
  279. Re:And this is why by binarylarry · · Score: 1

    They WROTE the fucking API asshole.

    They can license it however they wish.

    --
    Mod me down, my New Earth Global Warmingist friends!
  280. To be honest, DMA-BUF is expensive by Anonymous Coward · · Score: 2, Interesting

    It requires crossing the user/kernel boundary multiple times, which is an expensive proposition.

    One of the reasons Apples drivers and Windows drivers tend to be faster than Linux drivers is they live in kernel space; in both cases, it's mostly so they have an API to push pages out when they've done a calculations which they end up not using.

    Copying to kernel space in the graphics pipeline, followed by copying back to user space to do the compositing, and the copying back down to kernel space to get it in the frame buffer so it can be displayed is a lot more expensive than it actually needs to be.

    Forcing the driver out into user space is the "punishment" that's exacted because they don't GPL their driver, which as other people have correctly noted, they really can't because of cross-licensing agreements, patent violations which are hidden in code and protected by EULA from reverse engineering to discover the violations, and licensing for things like H.264 and the rest of the Sorensen CODECs.

    1. Re:To be honest, DMA-BUF is expensive by anyGould · · Score: 1

      Forcing the driver out into user space is the "punishment" that's exacted because they don't GPL their driver, which as other people have correctly noted, they really can't because of cross-licensing agreements, patent violations which are hidden in code and protected by EULA from reverse engineering to discover the violations, and licensing for things like H.264 and the rest of the Sorensen CODECs.

      I'll spot you the cross-licensing agreements (although I'd say those are fixable problems in the long term, and nVidia has had a long term to do so), but don't expect to garner a lot of sympathy saying "they can't do it because it'll show how much they've been stealing from everyone else!"

      Short version: nVidia doesn't want to pay the asking price for access to the API. The fact that the payment is code instead of money doesn't change anything.

    2. Re:To be honest, DMA-BUF is expensive by konohitowa · · Score: 1

      Another reason they may not want their driver code visible is that they do have benchmark detecting and circumventing code in their drivers, which might be somewhat embarrassing if it were on public display.

  281. Re:And this is why by dch24 · · Score: 1

    That's funny... I recall the judge cleared that all up. What kind of stretched strawman are you trying for here?

    The kernel devs already have a legally tested copyright to the Linux kernel source. This is NVidia trying to license their API and failing. Why defend them? Oh and it's rich for you to call Alan Cox a hypocrite while you incorrectly tell him what his chosen license means.

  282. Re:hearts and minds by epyT-R · · Score: 1

    this is typical FUD. ALL license use must be tracked this way..

  283. Re:And this is why by peppepz · · Score: 1
    The users are free to use proprietary drivers: NVIDIA haven't published but proprietary drivers so far. All embedded graphics chips (but Intel's) are currently exclusively supported by proprietary drivers (and this has been a source of continuous pain for the users, by the way).

    The kernel developers extert no control over the users. They "extert control" over what API they want to become public and therefore will have to be supported BY THEM forever (not by NVIDIA, who don't give a damn about supporting the user, as you can see every time they release a new GPU and stop supporting the old one in their "proprietary driver", and also don't give a damn about the progress of Linux, as you can see with their obsession not to share anything). Nothing is preventing NVIDIA from writing a GPL module glueing the internal API to their drivers (which is what has always happened until now). The difference is that in this case the onus of keeping the glue module up to date with the changing internal API would fall on NVIDIA, while making the internal API public would mean that the weight of supporting the API forever is carried by the kernel developers.

    On the other hand, you'll see that in the end the API will become public anyway. Linux already has APIs to write userspace drivers (FUSE, CUSE, UIO, ppdev, libusb...), so unlike what you believe kernel developers have nothing against people developing drivers out of their "control" by principle. It's just that they want that to happen with a proper API and not with a wildcard access to the kernel internals.

  284. Re:hearts and minds by epyT-R · · Score: 1

    that is EXACTLY what a license does. It pushes a set of restrictions onto the user as a condition for using the software. ALL licenses do this so they are all ideologically driven. The only exception would be public domain..

  285. Re:GPL API by epyT-R · · Score: 1

    well hey they were the dumbasses who put those secret bits into the driver instead of into the silicon where it belongs!

  286. Re:The infection of GPL stunts growth... by epyT-R · · Score: 1

    It's not tainting third party software any more than binary only blobs taint gpl software. It neuters the users' ability to debug and port which are fundamental rights under the gpl. A lot of devices are sold now that say 'open source firmware' on the box, but what they aren't telling you is that the binary only drivers basically require the firmware as shipped and make it impossible to truly repurpose the hardware.

  287. Re:hearts and minds by farble1670 · · Score: 1

    i'm talking about using GPL in a product the business is trying to sell, not using GPL software within the company.

  288. Re:hearts and minds by farble1670 · · Score: 1

    there are many common OSS licenses (MIT, apache 2, BSD) that essentially say you can do whatever you want as long as you retain the license text.

  289. Re:Epic fucking fail. by epyT-R · · Score: 1

    1. as opposed to proprietary morons at nvidia who hide their secret bits in the driver of all places where they can be teased out by anyone with a debugger and binutils?

    2. the world decided that microkernel performance impacts aren't worth the benefits a long time ago. give it up already.. All modern os's have graphics card components in the kernel. X11 does not suck any worse than the rest.

    3. at least you have the source for your sticks. if you choose you can fix it. you can also port it to whatever system you have later on. can't say the same for binaries..

    4. infinite stability brings progress stagnation. it's nvidia who needs to step up to the plate. they don't even need to hire any developers, just give docs to nouveau.

    5. people like you seem to love high latency. The reason most of that is in the kernel is to cut down on that. userland drivers are sloooow.

  290. Re:hearts and minds by epyT-R · · Score: 1

    they're still telling you what you can do.. they're ALL restrictive in some way. if you must complain about the gpl then you must also complain about nvidia's.

  291. Re:Binary-stable Linux wrapper by epyT-R · · Score: 1

    ..and why the hell would you want this? so you can have a trashbin to dump all your little secrets in because you're too lazy to work at keeping them where they belong? keep it in your silicon, or just admit you're a software company and produce userland binaries.. now you have your stable ABI.

  292. Re:Binary-stable Linux wrapper by RCL · · Score: 1

    I want stable driver model as a user. Because I want to be able to install specific drivers without paying attention what kernel version they have been compiled for (even open source ones, which could be then distributed separately from the kernel itself).

    At the same time, I realize and acknowledge that not everything can be released as open source, so I'm Ok with using binary-only drivers as long as they leave me in the control of the machine. After all, you cannot realistically avoid using binary only firmware even in Linux kernel itself.

  293. Alan Cox to NVidia you Shall Not Pass by mAriuZ · · Score: 1

    One word vote with your pocket , buy AMD and ATI , avoid the NVidia scammers until they publish full specs and gpl2 Linux driver

    --
    developer http://flamerobin.org
  294. Re:Binary-stable Linux wrapper by epyT-R · · Score: 1

    The distro you use should be the ones compiling things. All you need to do is hit update. If that breaks, it's the distro's fault, not the gpl's or the kernel devs'. If you prefer to do this yourself, well, it's a lot easier when the driver source is already included right? All it takes is a make all; make modules_install, with no horsing around with out of tree shims..

    The firmware is a little different. In the Stallman mentality, it's also verboten if it's closed. I think it's a requirement for a multiplatform open source kernel to be fully open as it's the only way to retain enough control to progress. The firmware, in contrast, only runs on the silicon of the device and would be there regardless of what system the chip is used on. I suppose this is an arbitrary barrier as well, but I think it's the reasonable expectation to have. In contrast, having vendors like nvidia pollute an already open environment that doesn't belong to them with blobs that make it impossible for the owners to retain their imperatives for it is not.

  295. Re:And this is why by exomondo · · Score: 1

    Wrong, RTFA. It's not about public APIs at all, and you suggesting that means you clearly don't understand the issue at all, instead of using EXPORT_SYMBOL flag they have used the EXPORT_SYMBOL_GPL flag so the proprietary driver cannot link with the kernel API on the user's machine.

  296. Re:hearts and minds by exomondo · · Score: 1

    that is EXACTLY what a license does. It pushes a set of restrictions onto the user as a condition for using the software. ALL licenses do this so they are all ideologically driven. The only exception would be public domain..

    Do you understand the difference between permissive and restrictive licenses or not? GPL is not a permissive license - as you suggested - it is a restrictive license.

  297. Re:Binary-stable Linux wrapper by RCL · · Score: 1

    The distro you use should be the ones compiling things. All you need to do is hit update. If that breaks, it's the distro's fault, not the gpl's or the kernel devs'.

    From user POV: what if device is too new to be supported by distro, and I want to download drivers directly from vendor's site (e.g. NVidia has partner program where it releases beta drivers)? What if the device is too old and I can only get drivers on vendor's site, again?

    And more importantly: what if cross-licensing agreements, which happen more and more in modern world, prevent the vendor from releasing drivers as open source? This is not something specific to GPU these days, soon this situation is going to be commonplace for CPUs as well, as CPUs are already migrating towards CPU+GPU in a single package. As a user, I prefer to have my hardware supported by binary drivers than not supported at all.

    From vendor POV: Stable binary format will enormously help vendors to target Linux, reducing the number of "SKUs" to test and frequency of releases. Currently, only NVidia is willing to invest heavily in Linux graphics drivers, and you can see from TFA what attitude it gets in return. Meanwhile, if it weren't for excellent Linux support by NVidia (on par with Windows drivers), I personally wouldn't be using Linux at all, as I'm interested in demoscene and graphics programming. With stable ABI that would make binary drivers first-class citizens, it would be less expensive for NVidia to support Linux, and hopefully other vendors (AMD, PowerVR) would improve support as well - AMD's hardware is currently a pain with Linux (unless you are Ok with 2005-level feature set provided by open drivers).

    Apparently some people don't mind being behind the whole world in terms of graphics hardware support. I'm not one of them, and while I value freedom that Linux gives me, if I am forced to decide between access to the latest technology and the said freedom, I will probably give up some control over my computer in order to be able to further develop myself in my areas of interest.

  298. Re:GPL API by iive · · Score: 1

    NVidia can implement its own kernel (API and ABI compatible with linux) that have its own DMA-BUF implementation that uses the same API. This module would work on it. However it won't work on normal linux kernel.

    The problem is that some kernel developers have implemented DRM system, that artificially limits the user in what he can do with his system. If he tries to compile a module that is not under GPL license, a selected number of functions would cause the build to fail. The freedom of the user is artificially taken away. Well, thanks to the GPL the user have the source and can hack the kernel to remove the marks of these function, however this is procedure that takes time and effort, that are basically wasted.

    This is what NVidia wants removed. These functions are not special in any legal way. All kernel functions called by any module are covered under GPL, because the whole kernel (including the files from BSD) is GPL. NVidia doesn't want "something" from the kernel to be relicensed, it just wants the DRM on that API to be removed.

    I'm just going a step further, the kernel doesn't need digital restriction management.

    As for the making money part. Nobody can distribute GPL kernel and non-GPL kernel module together. It must be the end-user who creates this derivative work. So NVidia won't be able to use the "user loophole" on consumer devices like smartphones/tablets/etc. .

  299. Re:And this is why by timq · · Score: 1

    Actually, that applies to both of them.

  300. Re:And this is why by timq · · Score: 1

    Your post and your sig do not rhyme, my friend.

  301. Re:And this is why by Jah-Wren+Ryel · · Score: 1

    Name a BSD-licensed project which Apple modifies and has chosen to "pick and choose" what they give back.

    I seem to recall their OpenCL on LLVM implementation as being only partially released at best.

    But I'd like to argue a somewhat different point: that you're missing how things work in the real world.

    I'm not really interested in yet another BSD/GPL fight. Sorry if my original post about never-ending talking points didn't make that clear.

    --
    When information is power, privacy is freedom.
  302. Re:And this is why by mSparks43 · · Score: 1

    My apologies, you are indeed correct.
    pretty stupid idea tbh, one small GPL gateway module by NVIDIA and all is right with the world.
    Except for the user having slightly degraded gfx, caused by Kernel devs not following their own guidance.

  303. Re:And this is why by peppepz · · Score: 1
    Be careful not to be carried away by the strong opinions that you have for the last three letters of the EXPORT_SYMBOL_GPL identifier, otherwise you risk making incorrect assumptions about its nature.

    From the documentation included in the Linux kernel tarball:

    EXPORT_SYMBOL_GPL() -- Similar to EXPORT_SYMBOL() except that the symbols exported by EXPORT_SYMBOL_GPL() can only be seen by modules with a MODULE_LICENSE() that specifies a GPL compatible license. It implies that the function is considered an internal implementation issue, and not really an interface.

    Also see http://lists.freedesktop.org/archives/dri-devel/2012-January/018273.html :

    The controversy is about whether a module is a derived work of the kernel when you link it in. Traditionally, some modules were not considered derived works by a lot of people arguing that we have a public module interface that acts as a barrier for the license in the same way that the syscall interface lets you run proprietary applications. The EXPORT_SYMBOL_GPL is all about symbols that are too low-level to be considered part of that public module API (assuming that this API exists). The argument is that symbols which are not meant to be used in third-party modules can never be a license barrier and anything using them is a derived work even if you consider other modules not to be a derived work of the kernel. Note that this argument can still hold for low-level symbols that are marked as EXPORT_SYMBOL, using EXPORT_SYMBOL_GPL just makes it explicit.

    Why, even read the original mail from NVIDIA themselves:

    EXPORT_SYMBOL_GPL is intended to be used for "an internal implementation issue, and not really an interface". The dma-buf infrastructure is explicitly intended as an interface between modules/drivers, so it should use EXPORT_SYMBOL instead.

  304. Re:It would still become a derived work of the ker by ByteSlicer · · Score: 1

    Part ideology, part pragmatism: Linus wanted to create a kernel with a license that would force everyone to play nice (i.e. share code/improvements), but at the same time he wanted user apps to be able to freely use the kernel as intended, regardless of their license. So he added a preamble to the GPLv2, clarifying that code that links to the public (userland) kernel interfaces is not regarded as derived from the kernel code.

  305. Re:So? by peppepz · · Score: 1

    Linux is capitalism stretched over an open source platform - this is no longer a dorm project. There's a enormous amount of corporate money in Linux development, to say otherwise is not reality.

    The fact that many capitalists are taking advantage of Linux, while at the same time improving it, doesn't mean that you can say that the open source model of the Linux kernel resembles capitalism. It's so far away from the concept of capitalism, that thinking about it ("to each one according to his need, from each one according to his abilities") it's possibly closer to communism... except that it works.

    I've been to IBM research and spoken with their developers - each project is evaluated and priced with expected commercial services and hardware sales before it gets developed.

    And would IBM with its corporate culture have *dreamt* of releasing source code for free, which could be used by its competitors too, before Linux entered the scene?

    I kind of agree with the rest of your post, but I think that just as NVIDIA poured millions into the development of their cards, so did their users in order to buy them, and they have all the rights to ask NVIDIA for first-class support, which doesn't happen with binary drivers (not even on Windows, as soon as your card ages more than 12 months. And this is true for AMD too, by the way).

    AMD OSS drivers are catching up very slowly, but they're finally doing it (for instance, for R300 class hardware you get support from the OSS drivers that is comparable to the binary ones - and better, because unike the binary drivers, the OSS ones work out-of-the-box, still support older cards, get bug fixes and work with new kernels). Part of the code that is being written for AMD and Intel chips can be reused or adapted for other chips, and most important, it can be used to train new developers in writing a 3D graphics card device driver, which is something that until now was exclusive to the developers employed by some GPU manufacturer. This is an investment that won't go away when the next GPU architecture is out, and it cant' be ignored IMHO.

    And what about Intel? They got to the point where they only release OSS drivers, with OSS drivers supporting their new hardware even before it comes to the market, and next-gen Intel GPU are sophisticated enough that many average Joes won't feel the need for a discrete GPU anymore. I wouldn't have believed this was possible just a couple years ago, yet we got there. So while I accept your understanding of NVIDIA's position, I don't share the "defeatism" according to which things must either work their way or can't work at all.

  306. Re:And this is why by peppepz · · Score: 1

    1) Read about the meaning of the EXPORT_SYMBOL_GPL() function. It's a matter of public APIs vs internal interfaces.
    2) By your reasoning, if I sent a mail to NVIDIA asking them to change their driver's license to the GPL, and they refused, I could write the very same things you've written against the kernel developers. With the same inappropriate adjectives and derogatory replacement of terms that you've chosen to use.

  307. Re:The API isn't GPL. Using the kernel code is. by cardpuncher · · Score: 1

    Well said.

    Slashdot was ringing with hurrahs when it was decided that APIs weren't copyrightable in the Google vs Oracle case.

    Here we have something that declares itself specifically to be an "API" and suddenly it has to be jealously guarded against the heathens.

    As far as I can tell, the GPL being asserted here depends very tenuously on the monolithic nature of the kernel. The enforcement of the GPL against code which merely links, dynamically, to a GPL library seems even more precarious: if you're supplying code using a published API and you're not even distributing the library concerned, it's hard to see exactly what rights are being infringed by the supplier. Or indeed how it's any different from any compiled programme being a "derived work" of the instruction set of the CPU.

    When it comes to Linux "IPR", I don't see any real distinction between GPL FUD and Microsoft FUD.

  308. Re:And this is why by bmcage · · Score: 1
    Pulling out of 6 % of the market (Wikimedia ). Up from 3% a year ago.
    Pulling out of the entire HPC market which is not captured by browser statistics.

    I suppose they could bet on windows phone 8.

    On the other hand, as a linux user I avoided Nvidia, only have it in one laptop I got for free. Yeah, I need Nvidia to keep the prices down, but as a windows supplier they will do that part just fine.

  309. Re:And this is why by pantaril · · Score: 1

    Right, because promoting open source GPL-compatible drivers didn't work for Linux.

    Oh, wait, it worked. The Linux hardware support is overall quite good (with many hardware manufacturers working with upstream to contribute drivers). In fact, Nvidia is a minority - Intel has the biggest market share [jonpeddie.com] in graphic chips (avobe 50%), AMD/ATI is second. Both have contributed open source drivers which are getting better and better.

    Unfortunately, "supported" in this case means that it somehow works in 2d but utterly lacks in 3d performance.

    If you want graphic card with 3d performace in linux comparable to windows (for example for gaming under wine), your only viable option is nvidia with it's proprietary drivers.

  310. Re:So? by Kirth · · Score: 1

    There is no patented code, the US (and EU) patent law say so: mathematical algorithms are not patentable.

    End of story. Now you only need to explain this to the patent offices and patent courst, which still believe it's possible to legislate Pi=3.

    --
    "The more prohibitions there are, The poorer the people will be" -- Lao Tse
  311. Re:And this is why by pantaril · · Score: 1

    The Intel drivers are a better example: they are rock solid, Intel has contributed tons toward advancing the graphics stack, etc.

    It's nice that the drivers are open source. But why hasn't it lead to drivers with at least comparable performace to windows? You are aware that intel drivers are like 20% - 30% slower in 3d under linux then under windows?

    As far as i'm aware, there are no open source drivers for any modern 3d card which would provide simillar performance under linux as the windows driver does under windows.

  312. Re:And this is why by oji-sama · · Score: 1

    Actions speak more that words.

    You can claim all you want that you would have sent in patches, but when you reject open source BECAUSE you had to actually do it, your claims can't be taken seriously.

    Unless you mean to call yourself childish. Because you might as well have said that you wanted to go out to play, but because you were told to go outside, you decided you'd rather clean your room instead.

    Mmmm. If I have time (and I can read this 'thread' without getting pissed off) I'll reply to others as well, but I just wanted to make it clear that while I dislike forcing people to do anything, I do consider the requirement to publish any changes made to GPL'd code reasonable. My problem with GPL is that I can't use it with non-free code at all (well, with GPLv2 it is possible, but not exactly pretty), even if I would (and do) happily share any improvements I've made to it.

    To correct your analogy: In my story I try to go out and play, but my friend's aren't allowed to play with me, because my parents haven't converted to the same ideology. (I wrote religion, as it would fit the analogy better, but since I am already regretting writing anything to the comments of this article I changed it.)

    --
    It is what it is.
  313. Re:So? by bingoUV · · Score: 1

    that thinking about it ("to each one according to his need, from each one according to his abilities") it's possibly closer to communism

    No, with GPL, even those who do not "need" are given. And even if you are a struggling startup, you still get no exemption from your GPL obligations. Not close to communism in any sense.

    Capitalism (and communism too) is based on the obsolete scarcity model - goods are scarce so rules have been defined for a "fair" exchange of goods. GPL takes into account that the scarcity model is not true any more for "software" goods, or "source code" goods. This is a major way in which GPL differs from capitalism and communism both.

    But other than that, communism is a economic as well political philosophy. GPL doesn't need any of the political support needed by communism. The legal support it does need (copyright) is more readily provided by capitalism oriented polity than communism oriented polity. So, while differing from both capitalism and communism in the major way of scarcity management, it is ever so slightly closer to capitalism.

    --
    Bingo Dictionary - Pragmatist, n. A myopic idealist.
  314. Re:So? by gl4ss · · Score: 1

    the secrets in their ethernet driver were bugs.
    hw bugs, iirc.

    --
    world was created 5 seconds before this post as it is.
  315. Re:DMA-BUF with no proprietary drivers is pointles by gl4ss · · Score: 1

    well, there definitely is less to maintain if there's no hw to use the feature.

    --
    world was created 5 seconds before this post as it is.
  316. Re:And this is why by olau · · Score: 1

    If you actually go and read the rationale behind the GPL, e.g. as provided by Richard Stallman, this is explained - with real-world examples. I remember reading it 10-15 years ago. :)

    Without the distribution clause, someone in the chain is more likely to keep their bits proprietary. It's the tragedy of the commons pattern, without some ground rules people can gain an advantage by not cooperating. You could argue that's their problem, but as I understand things the parties most likely to be anti-social in this way are huge players that have the upper hand in some way. If you think about it, NVIDIA here is actually a pretty good example.

    Also understand that it hasn't really been the norm in the industry that customers get the source code and the rights to use it.

  317. Re:And this is why by iive · · Score: 1

    This is what NVidia wants removed. These functions are not special in any legal way. All kernel functions called by any module are covered under GPL, because the whole kernel (including the files from BSD) is GPL.

    This is incorrect. The Linux kernel is GPL, but has exemptions for calling functions/syscalls that are part of the public interface (otherwise all Linux apps would have to be GPLv2). Binary-only drivers that call non-public code are only allowed so long as they are not distributed with the kernel.

    The exact text is " NOTE! This copyright does *not* cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does *not* fall under the heading of "derived work". "

    As you can see there is nothing about calling kernel functions from kernel modules. NOT A THING. It is not specially excepted. Kernel functions are not exempt depending on whatever they are public or private interface, because a) modules are not user(space) programs; b) modules are not using system calls (sysctl).

    There is not a single non-GPL binary-only kernel module that could be distributed with the kernel, no matter what API is used. This is even true for firmware, that by its nature doesn't run on the host CPU and doesn't use _any_ kernel api functions. (There is firmware that have been allowed to be included in GPL code.)

    You are correct that binary-only drivers are only allowed so long as they are not distributed with the kernel, but this is exactly what the problem is. The license explicitly allows separate distribution, but the kernel DRM system enforces additional arbitrary rules on top of that.

  318. Re:hearts and minds by olau · · Score: 1

    how many companies can get away with producing zero software that runs on windows?

    Most web companies?

    the company has to track where and how it's used and make the necessary consolations when it's used. they have to ensure that the GPL code is never used by code for which they have a license to use but not to distribute

    This is only true for code that you distribute to someone else, and only for derived works or use of a library. As long as you just use a program, you're in the clear. It's not really hard.

    I'm sure plenty of companies don't get this, but that's fine with me - a competitive advantage for the rest of us. :)

  319. Re:And this is why by Anonymous Coward · · Score: 3, Informative

    >>hiring external companies and providing some docs for the Free drivers, all the while putting their main development effort into their proprietary FGLRX driver

    That's not actually correct. We hired two full time devs to work on the open source drivers over five years ago, added two more last year, and another (total 5) this year.

  320. Fuck you Nvidia by diego.viola · · Score: 1

    Alan Cox and Linus, you guys are my heroes.

  321. Re:GPL API by rastos1 · · Score: 1

    And it doesn't give anything back to the community.

    Except the driver.

  322. NVidia needs to be GPL compliant, plain and simple by apexwm · · Score: 1

    NVidia needs to simply comply with the GPL and get it over with so that we can move forward and collaborate.

  323. Re:And this is why by LordLimecat · · Score: 1

    The binary blob they ship works quite well and for years was basically the only game in town if you wanted to game on linux. As I recall, I got better performance on an nvidia 9300m under linux / wine / nvidia binary blob than I did under Windows in World of Warcraft, even when I set it to DirectX mode.

    For the record, they dont release the source code of their Windows driver either.

  324. Re:And this is why by LordLimecat · · Score: 1

    So you want nvidia to create new FOSS drivers that open up use in co-processing, but that have no OpenGL support, no shader support, none of the stuff that would actually make it useful for gaming or acceleration?

    That may serve them well, but it sucks for anyone who wants to dual boot.

  325. Re:And this is why by bingoUV · · Score: 1

    There's a reason most successful tech companies are the ones who follow standards, whereas the companies that implement proprietary solutions have died off or been marginalized

    Not a falsifiable statement. Apple is "non-standard" in ways in which Apple is successful. Micro-USB? Installability on IBM compatible PC? Apple has other standard compliant behaviours. Similarly with Google, IBM, Facebook. Microsoft is an exception because it is a monopoly? Software world , especially non-enterprise one, is highly prone to monopolies. Everyone wants monopolies, and it is certainly possible in software world. And since potential reward is huge, companies try hard to get that monopoly. Not following standards is part of that "trying".

    Examples of monopoly / overwhelming market success because of the network effect : Microsoft (OS, office), tally , Adobe (photoshop / flash), facebook, Google (search, advertising).

    In enterprise market, it is difficult to get a monopoly. Oracle database is highly successful, but network effects are not as strong as in consumer software . Server OSes are still in healthy competition - AIX , HP-UX, Linux, Solaris, Windows, and more; all are significant players.

    And they know that standards are not determined by ideology or by license agreements. Standards are determined by usage. ISO certification doesn't make a standard a standard. Critical mass does

    The advantages that a standard could have, are negated by non-formal standards.Do-it-like-MS-word-97 as a "standard" has none of the advantages of a standard. Critical mass notwithstanding.

    That, and if this is just an API or headers, then it's not copyrightable, with precedent being set by Oracle vs. Google

    Copyright on the headers is not enabling Linux developers to deny Nvidia the right to link in this manner. Copyright on the whole of kernel is. Court cases have established that linking via header files makes a product a "derivative" product as far as GPL goes. Derivative products must be GPL or compatible - Nvidia's closed source license is not GPL or compatible.

    --
    Bingo Dictionary - Pragmatist, n. A myopic idealist.
  326. Re:And this is why by ByteSlicer · · Score: 1
    I've been reading up a bit in the meanwhile, so I think I gained a few new insights.

    As you can see there is nothing about calling kernel functions from kernel modules. NOT A THING. It is not specially excepted. Kernel functions are not exempt depending on whatever they are public or private interface, because a) modules are not user(space) programs; b) modules are not using system calls (sysctl).

    True, this is also why most people regard Linux kernel modules as derived works.

    There is not a single non-GPL binary-only kernel module that could be distributed with the kernel, no matter what API is used.

    Generally true. Note however that the bulk of the nVidia driver was developed separate from the Linux kernel (for Windows actually), so by itself is not a derivative work. They use a GPL wrapper to interface with the actual driver blob. It's a legal grey area, that has been allowed by the Linux developers.

    However, integrating the DMA functionality in the nVidia driver would require specific changes to the proprietary code that would tie it to the Linux kernel, and definitely create a derivative work.

    This is even true for firmware, that by its nature doesn't run on the host CPU and doesn't use _any_ kernel api functions. (There is firmware that have been allowed to be included in GPL code.)

    Loadable firmware has generally been seen as initialization data that needs to be loaded into a hardware device in order to use it. As long as the manufacturer doesn't restrict redistribution, firmware blobs are allowed in the kernel tree. There are people that disagree with this interpretation, but this is the general consensus.

    You are correct that binary-only drivers are only allowed so long as they are not distributed with the kernel, but this is exactly what the problem is. The license explicitly allows separate distribution, but the kernel DRM system enforces additional arbitrary rules on top of that.

    Actually the GPL states that you're not allowed to create a derivative work of GPLed code, unless it adheres to the GPL. Even separately, a GPL-incompatible LKM would be a derivative work of the Linux kernel, and the Linux copyright holders could take legal action to prevent its distribution. Under US copyright law, the rights holder controls the preparation of derivative works.

    How the module ties to the kernel (dynamic linking, socket, pipe) doesn't matter. If there is an intimate bond between the two (sharing data structures, one can't run without functionality of the other) then it is a derivative work. The exception is when the module was written in isolation from the kernel, and was not solely intended for use in the Linux kernel (examples: the proprietary part of the nVidia driver, Windows network drivers that are loaded with the ndis wrapper).

    If this were not so, I could create and distribute a proprietary binary that, when ran by an end-user, would download some GPLed code/binary and link to that to get free functionality. Note that the end-user himself would be free to create such a program, but he again would not be allowed to distribute it.

    This is how I understand it, but IANAL. In the end, it's up to the rights holders and the courts to figure it out. So far there haven't been any cases that cleared up all the gray areas.

  327. Re:And this is why by exomondo · · Score: 1

    wrt to 'can only be seen' it is in terms of what the module identifies its license as being. Regardless it is the kernel developers restricting the functionality of the kernel - as far as the end user is concerned - to GPL software as opposed to proprietary software, even though it would not violate the GPL for the user to run said software. It is an attack on the freedom of the user to use the GPL to restrict the choice of the user to run proprietary software.

  328. Re: Opportunity for WP8 by kurkosdr · · Score: 1

    Opportunity for WP8 to implement a mini-Optimus which could use an ultra-basic graphics chip (just what's needed to render Metro) paired with the usual GPU (all packed in the same SoC with the CPU, as usual). This would make battery life skyrocket when non-gaming or non-H.264 tasks are executed. In general, Android will get ruined by the Linux kernel eventually (and Linux's unstable ABI). Google were smart enough to not use X.org and PulseAudio, but not smart enough to not use the linux kernel. This is because Android was designed in the Symbian era, when smartphones weren't meant to be updated (beyond bugfixes). Now that the iPhone and Windows Phone are getting updates, the unstable ABI of the Linux kernel is showing. Ooops! Google could have bought QNX and have the most badass mobile OS outthere. But no, LinuxIsAwesomeForEmbedded. PS: Read here for Motorola's efforts to upgrade their phones (read: re-write the drivers of the SoCs): http://news.cnet.com/8301-1035_3-57526994-94/android-users-outraged-over-motorolas-broken-promise/ All that FUD about how companies purposely don't upgrade their phones just got shot down in flames. It's not that they don't want, it's that they can't, because it involves significant rewriting of the drivers.

  329. Re:And this is why by exomondo · · Score: 1

    Yes he does.

    No he doesn't, quite clearly EXPORT_SYMBOL_GPL prevents non-GPL modules from calling those functions, or do you not understand what that means?

  330. Re:And this is why by spike+hay · · Score: 1

    If you want to use it in a commercial application, you have to give your improvements back to the community.

    It's about cooperation and giving back, rather than just leeching other's work. Companies put lots of work into GPL software all the time, not because they're nice guys, but because they want to modify and expand GPL software for their own purposes. This benefits everyone. Sure, the companies might want to keep their derivative works closed, but it benefits everyone more to have it open. It's not like they have anything to complain about. It's free code.

    BSD licenses, on the other hand, just encourage leeching.

    --
    If you don't understand any of my sayings, come to me in private and I shall take you in my German mouth.
  331. Re:hearts and minds by nedlohs · · Score: 1

    You should have said that then instead of "behind the firewall" which certainly includes almost all the software used within the company other than the firewall itself.

  332. Re:And this is why by aristotle-dude · · Score: 1

    They WROTE the fucking API asshole.

    They can license it however they wish.

    As the Oracle versus Google shows us, you cannot license/copyright and API. The Oracle case was about reimplementing/emulating an API whereas most programmers program "against" an API. Neither can be restricted by license/copyright. You can only dictate the distribution of the library itself. I am free to dynamically link against a GPL'd library. As long as I do not distribute that library with my program, I am free and clear because I did not actually distribute any of their code. References in my code to their exposed public API do not constitute a violation of the GPL as proven my the Oracle versus Google case.

    If I were to release such a binary and a GPL'd library author tried to sue me, they would lose because you cannot copyright an API. The whole point of an API is for interoperability. API stands for Application Programming Interface. Any public interface in a library is an API.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  333. Re:And this is why by aristotle-dude · · Score: 1

    That's funny... I recall the judge cleared that all up. What kind of stretched strawman are you trying for here?

    The kernel devs already have a legally tested copyright to the Linux kernel source. This is NVidia trying to license their API and failing. Why defend them? Oh and it's rich for you to call Alan Cox a hypocrite while you incorrectly tell him what his chosen license means.

    You cannot license an API. You can only license the implementation of an API and you could prevent static linking but not dynamic linking. The GPL attempting to prevent dynamic linking is an overreach. Dynamic linking, by definition, requires an exposed public interface which is an API for all intents and purposes. That is how dynamic linking works. With static linking, you are incorporating the other code with yours and it becomes one and has to be distributed as one piece which means it might have to be distributed under the same license as what you are linking into. With dynamic linking, you don't have to distribute the original library/kernel with your utility/driver and so you are not distributing anything other than client code referencing the API which cannot be protected by the GPL.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  334. Re:And this is why by h4rr4r · · Score: 1

    Portal 2 is source engined and came out less than a year ago.

    Is that recent enough for you?

  335. Re:And this is why by h4rr4r · · Score: 1

    Portal 2 is old?
    It just hit a year this month. Is 6 months to old? How recent do you want?

    Portal 2 runs on IGP it does not yet natively run on linux. Either way nvidia's days are numbered.

  336. Re:So? by Samizdata · · Score: 1

    Well, I had to go back to Nvidia, as my ATI adapter glitched constantly on my desktop. Like as in everytime I opened an application. And we're not even going to talk accelerated applications like full screen video. No problems now. And my 3000HD netbook will not work with ANY acceleration. And we'll not even talk of my prior ATI driver issues under Windows (yes, I keep it around for games, basically.)

    --
    It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
  337. Re:And this is why by Samizdata · · Score: 1

    I still can't wait until I can get Linux acceleration on my Intel video netbook. Seriously. Can't wait. It works on Windows.

    --
    It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
  338. Re:And this is why by Samizdata · · Score: 1

    Dunno. Nvidia has so consistently worked well for me under Linux, they are my go to cards for Linux and will stay so until something changes radically.

    --
    It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
  339. Re:And this is why by Guy+Harris · · Score: 1

    Why should copyright apply if they are just calling the API and not redistributing or copying the kernel code?

    Well, there's a discussion with this post as the beginning, which appears to me, a non-lawyer, as if it's discussing whether the "derivative work" part of copyright law would apply to a work that is making calls to copyrighted code.

    If the answer is "yes", then copyright presumably would apply if you're making calls to copyrighted code, which is what NVIDIA are doing.

    If the answer is "no", then copyright presumably wouldn't apply, which would presumably not only let NVIDIA off, but also presumably render the GPL no more powerful than the LGPL - the LGPL covers something that seems to me fairly obviously "making a derivative work" (taking the code of a library, modifying it, and making a new library from it) but doesn't cover making calls to an unmodified copy of the library.

    The FSF believe that

    If the program dynamically links plug-ins, and they make function calls to each other and share data structures, we believe they form a single program, which must be treated as an extension of both the main program and the plug-ins. This means the plug-ins must be released under the GPL or a GPL-compatible free software license, and that the terms of the GPL must be followed when those plug-ins are distributed.

    and I suspect a GPLed OS kernel loading kernel modules would be considered as "a program dynamically [linking] [a plug-in]", and using DMA-BUF involves the plugin making a call to the program (i.e., the Linux kernel, in this case). As I understand it, the license for the Linux kernel has an exception that allows some non-GPLed kernel modules, but the point being discussed here is that DMA-BUF is not one of the "calls to the program" that are allowed to non-GPLed modules.

    Copyright law controls copying. If they aren't copying anything but just the API bits which are necessary to use the API

    I guess the question, which I'm not sure has been resolved in a court case, is whether calling a particular implementation of an API constitutes embodying a substantial amount of copyright-protected code taken from the implementation in question.

    (Do I have an opinion on this? Seeing people who sound as if they might at least know something about the law debating that point in the thread mentioned above firmly convinces me that the right opinion for me to hold is "the answer is whatever the courts end up deciding it is, at least until that decision gets overruled".)

  340. Re:The API isn't GPL. Using the kernel code is. by Guy+Harris · · Score: 1

    I don't think you even know what an API is. You can't link to an API, if you think you can then you don't know what you are talking about, now sit down before you hurt yourself.

    Yes, he should have said ""Linking" to an implementation of an API allegedly creates a derivative work of that implementation". Whether that's true, in law, is another matter; I'll leave it familiar to those familiar with the law in various countries to indicate whether it's true, untrue, or as yet undecided in those countries.

  341. Re:And this is why by Rockoon · · Score: 1

    Portal 2 is source engined and came out less than a year ago.

    Running on an 8-year old engine.

    he fact that a specific game was recently released is just more dishonesty about the situation. Angry birds and Farmville were also recently released. Oh, they use old rendering technology? Exactly.

    --
    "His name was James Damore."
  342. Re:And this is why by Unknown+Lamer · · Score: 1

    I'll stand corrected. And when I said "kind of crap" I didn't mean to disparage the work of the Free drivers authors, given the manpower limitations and whatnot I think they're great. I'm one of those folks who didn't buy any new graphics hardware during the Bad Times (tm) before Intel graphics and when ATI and NVIDIA were both only doing proprietary drivers... glad that Radeon 9100 made it the entire way. So know that the Free driver effort got at least one customer back.

    If you're really from AMD and see this, I demand that you guys make AGP Radeons work with SMP again >:O I discovered that my venerable Radeon 9100 wasn't working quite right, figured it was because it's a decade old and grabbed an X1650pro and ... ack, turns out Accelerated DFS + SMP = computer locked up. Go directly to complete hardware lockups. Do not pass NMI watchdog, go directly to the power switch... I've been living without CPU1 on my ol' AthlonMP rig, but it's turned a machine that's still damn useful into one that's marginally useful (I can watch movies and play zsnes without any filtering, but that's about it... oh, to have CPU1 restored). Either that, or please... oh please, let us disable Accelerated DFS again...

    --

    HAL 7000, fewer features than the HAL 9000, but just as homicidal!
  343. Re:And this is why by Cederic · · Score: 1

    I've read enough incontinent dribbling from fuckwits that expect the earth for free and demand that others break the law to achieve it.

    The person you replied to said that people can use proprietary drivers. They can. Those drivers may not be able to call this new API, but people have been using proprietary drivers on Linux for years.

    Even if the drivers can no longer be distributed for Linux, you are allowed to write your own proprietary drivers that are derived from the kernel code and integrate closely to it. You just aren't allowed to distribute it.

    Lets say you're the sort of lazy ignorant cunt that expects everyone else to do the work, doesn't want to use existing proprietary drivers on Linux and wont write your own. That's fine too. Just install another OS and use the proprietary drivers available for that one.

    Nobody is demanding that you use Linux. Nobody is forcing you to use open source code. Nobody is restricting your freedoms. You're just being a muppet. Stop it.

  344. Not the argument at all by IBitOBear · · Score: 1

    IANAL and I suspect neither are you... By my understanding _none_ of this piviots on the dirrivitave work requirement.

    The blob isn't really in questions so much, in and of itself it is fine. It isn't allowed to link with the kernel without being compatabily licensed. Think if it as "the blob isn't allowd to include the kernel" rather than "the kerne; isn't allowed to include the blob". The grey area comes because this is something the end user(s) do post distribution and the license only imposes duties on the distributor.

    Because of the above loophole in the grey areas of the license (among others) the kernel creators "reserved" APIs for people who are not cheating via such means. Note that NVidia wants to let their "shim" have access to (e.g. use) the API code that is flagged "play nice or fark off" (e.g. GPL code only).

    So having gotten by on a technicality, they want to have a larger, newly developed subset of the kernel included under the aegis of their technicality. The blob may stay as it is but it may not encroach beyond its little hole unless it comes clean.

    Note that the new feature system (general use or GPL only designations) were added because of this sort of nonsense. So it's not like NVidia shouldn't have seen this comming. There is little point of them acting all surprised about it at this late date. They have been assuming that they woudl get a pass because "Linux needs them" but Linux doesn't _need_ anybody... Pride and the fall as it were.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  345. Re:And this is why by Cederic · · Score: 1

    No license can extinguish the copyright of another.

    I'm confused. How does the GPL extinguish the copyright of any other code? If you don't want to comply with the GPL then DONT FUCKING USE THE CODE.

    Is that so hard? Really?

  346. Re:It would still become a derived work of the ker by anyGould · · Score: 1

    The flaw is that you can't be sitting, coding merrily along, and suddenly your source has been (thunder crash) infected by GPL!. You choose if you want to use GPL code, and you pay for it in the same manner you pay to license any other code. The only difference is in the manner of payment.

    Although I do like the "unintentional infection" defense - gee Judge, I was just putting together this video, and these copyrighted songs infected it! It's not my fault!

  347. Re:And this is why by Electricity+Likes+Me · · Score: 1

    people are trying to blame Nvidia because of it.

    Speak for yourself, I blame the kernel developers.

    And you'd be wrong - the problem is the US legal system (and others) which has ruled that a derivative work is created by linking to a program library.

    I doubt Linux kernel developers would be too cut up if that particular provision were overturned, since the benefits would be enormous (we could finally distribute pre-compiled ZFS kernel modules without infringing CDDL, for example).

  348. Re:And this is why by Sable+Drakon · · Score: 1

    Keep in mind Valve does revise the rendering software of the Source Engine. While the bare minimums may be the same, to get to the high end of what Portal 2 can show compared to the high end of Half-Life 2 or Team Fortress 2 requires better hardware.

    --
    The Amarri pray for god, the Caldari pray for profit. the Gallente pray for peace, but the Minmatar pray their ships hol
  349. Re:It would still become a derived work of the ker by mrchaotica · · Score: 1

    The most popular BSD (by a wide margin), OS X, uses a GNU userland.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  350. Re:And this is why by exomondo · · Score: 1

    Your rambling post ignores the context, this is about EXPORT_SYMBOL_GPL and the impact it has on proprietary graphics drivers. The linking is done on the end user's machine when they install the driver module so it would not violate the GPL whether that was EXPORT_SYMBOL_GPL or EXPORT_SYMBOL, but since it's the former it won't link at all. This restricts the end user's ability to use software (within the confines of the GPL license) which goes against the intention of the GPL which is to protect and extend freedoms to the end user.

  351. Re:And this is why by F.Ultra · · Score: 1

    You do not choose GPL when you want to interoperate, for that you choose LGPL or one of the MIT/BSDs. You choose GPL when you want only GPL licensed code to link with your code.

  352. Re:And this is why by F.Ultra · · Score: 1

    Are you sure? I've googled around a bit and it seams like this has to be implemented in the drivers, i.e earlier amd cards could only switch between two amd cards and not between amd and intel while nvidia could switch to intel so I guess that there was some collaboration. And evn if it's built in, does it provide exactly what dma-buf does?

  353. Re:So? by hardwarefreak · · Score: 1

    And this is why graphics support will always be a third class citizen on linux.
    Congratz!

    's/always/currently/g'

    Larabee my have failed. But MIC survives. If demand exists (big IF), I can imagine in the not so distant future, a startup discrete graphics card company, or Intel itself, bringing a 96 to 128 core MIC type graphics card to market, with wholly open source drivers. The performance wouldn't be nearly as good as an integrated GPU from AMD/nVidia, but it would be 'good enough' for OpenGL Linux applications, and anyone could work on the driver code. If the board design incorporated hardware support for something like either 3Dfx' original scan line interleaving, or nVidia's Scalable Link Interface, in a 2 or 4-way setup, the performance *could* be pretty phenominal, and open souce. I'd think 512 MIC cores with a good scalable driver would yield impressive 3D performance indeed.

  354. Re:And this is why by AJWM · · Score: 2

    This reminds me of the old remark about Unix (and Linux) being very user friendly, it's just picky about who its friends are.

    The nice thing about not being beholden to commercial interests -- as open source isn't -- is that it doesn't have to compromise to make the lowest common denominator happy.

    Ubuntu is hardly the only distro out there.

    (Personally I don't give much of a rat's ass about computer games; when it comes down it they're all about playing against a programmer who is actually no longer playing, and a random number generator. Cheap thrills. For my other 3D needs I have a Radeon card.)

    --
    -- Alastair
  355. Re:And this is why by davydagger · · Score: 1

    "All this is doing is hurting ongoing performance on Linux, and people are trying to blame Nvidia because of it."

    my peformance on linux is being hurt by crappy and sometimes unstable,(yet feature complete) drivers. Yeah, I go game, I do mine bitcoins and things like that, and I DID spent $500 on a then top of the line nVidia card.

    They do make some nice cards.

    Before this came up, I was crippled with a bug the proprietary driver had with QT that lasted for a few months, where QT apps would segfault X. What did I do? I ran nouveau for 3 months.

    What can nouvea do? All resolutions, it can run a desktop, it can do 2d acceleration, animations, and render video quiete nicely. the 2d performance is actually better than nVidia binaries. It can also accelerate 3d feature complete, but slower.

    What can't it do? Its sigifigantly slower at rendering 3d to the point that playing video games is not possible.(but it will render them correctly). It also won't run OpenCL accross my hundreds of CUDA cores.

    Why can't the nouveau team match the feature complete capabilities of nVidia's binary? Its because they don't have the full specs of the cards. They don't know how the hardware is made. They have no documentation. The nouveau team has not even asked for source code, they simply asked for API documentation so they can write their own code.

    So, seriously, from a practical standpoint, if nVidia open sourced their drivers, people like the nouveau team, instead of wasting their time making a 3rd party driver, would probably work on fixing and improving the nVidia driver, for free. They're would be these bugs.

    So don't tell me that's the fault of free software, BECAUSE FREE SOFTWARE WORKS JUST FINE.

    Redhat, and the other corporations, and thousands of grateful nerds who are greatly appreciative of their products will help with the drivers.

  356. Re:The big question by wonkey_monkey · · Score: 1

    Oh, do fuck off. We can't all know everything. A tiny, tiny bit of context would not go amiss. Slashdot is supposed to be an inclusive news site, not an exclusive clubhouse.

    --
    systemd is Roko's Basilisk.
  357. Re:It would still become a derived work of the ker by MSG · · Score: 1

    As far as I know, OS X uses very little GNU-produced or GPL-licensed code. XCode has replaced gcc with LLVM as the default compiler, and Samba has been replaced with an Apple-created SMB/CIFS server.

  358. Re:And this is why by diego.viola · · Score: 1

    Fuck off Nvidia, specs for nouveau or GTFO.

  359. Re:It would still become a derived work of the ker by mrchaotica · · Score: 1

    It must be a relatively recent development, then. At least as of Snow Leopard, it was all GNU.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  360. Honest Answer by hany · · Score: 1

    Practical honest answer from one Linux user which puts some emphasis on the "free stuff" (as in Freedom):

    I've stopped buying NVidia gear years ago precisely because the only workable drivers were (and still are) closed source. It goes against what I consider important. Plus it made a maintenance of my PC harder (even with lots of effort spent on this by NVidia and RPM Forge).

    From that time on I'm buying Intel or ATI - they might not have the best 3D performance, but FOSS drivers DO work (I've played say UFO Aftermath using Wine with ATI card and FOSS driver which is part of Fedora distribution, 1080p video playback on some Intel chipset works too). The only "sad" part was spending 12â on the game or on DVDs. :)

    Thus, thanks to Intel and ATI and FOSS volunteers I do have options other than NVidia. So I think by not providing decent FOSS drivers, NVidia is hurting only themself.

    --
    hany
  361. Re:And this is why by micheas · · Score: 1

    But this isn't about an API it is about an internal kernel interface of a monolithic kernel.

    The legality of nVidia kernel blobs is at the very edge of copyright law. The fact that the blobs run on Windows is very significant, If the blobs were linux only binary blobs, someone would probably have sued nVidia

    There is a reason that RMS created the LGPL and why readline is GPL and not LGPL. Copyright law is not as black and white as people (excluding lawyers getting paid to pontificate about it) would like.