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Red Hat Developer Demands Competitor's Source Code
sfcrazy writes "A very serious argument erupted on the Linux kernel mailing list when Andy Grover, a Red Hat SCSI target engineer, requested that Nicholas A. Bellinger, the Linux SCSI target maintainer, provide proof of non-infringement of the GPL. Nick is developer at Rising Tide Systems, a Red Hat competitor, and a maker of advanced SCSI storage systems. Nick's company recently produced a groundbreaking technology involving advanced SCSI commands which will give Rising Tide Systems a lead in producing SCSI storage systems. Now, RTS is blocking Red Hat from getting access to that code as it's proprietary. What's uncertain is whether RTS' code is covered by GPL or not — if it is then Red Hat has all the rights to get access to it and it's a serious GPL violation."
ok reading the list nick had this to say :
"
Accusing us of violating GPL is a serious legal claim.
In fact, we are not violating GPL. In short, this is because we wrote
the code you are referring to (the SCSI target core in our commercial
RTS OS product), we have exclusive copyright ownership of it, and this
code contains no GPL code from the community. GPL obligations only
apply downstream to licensees, and not to the author of the code. Those
who use the code under GPL are subject to its conditions; we are not.
As you know, we contributed the Linux SCSI target core, including the
relevant interfaces, to the Linux kernel. To be clear, we wrote that
code entirely ourselves, so we have the right to use it as we please.
The version we use in RTS OS is a different, proprietary version, which
we also wrote ourselves. However, the fact that we contributed a
version of the code to the Linux kernel does not require us to provide
our proprietary version to anyone.
If you want to understand better how dual licensing works, perhaps we
can talk off list. But we don’t really have a responsibility to respond
to untrue accusations, nor to explain GPL, nor discuss our proprietary
code.
We’re very disappointed that Red Hat would not be more professional in
its communications about licensing compliance matters, particularly to a
company like ours that has been a major contributor to Linux and
therefore also to Red Hat’s own products. So, while I invite you to
talk about this with us directly, I also advise you – respectfully – not
to make public accusations that are not true. That is harmful to our
reputation – and candidly, it doesn’t reflect well on you or your
company.
"
so basically if they developed the code and use a closed source OS that is not linux then redhat don't have a leg to stand on...
if they use a module inserted into linux then it will "taint" the OS then it gets shifty...
have fun
john
Hi Alan and others,
I've been advising Rising Tide Systems (RTS) in this matter. Please let me reassure you that RTS is acting on advice of counsel.
RTS (and specifically Nicholas Bellinger) wrote the scsi target code and owns its copyright. We registered that copyright at the Library of Congress. RTS contributed a version of the scsi target to Linux for distribution under the GPL. On behalf of Marc Fleischmann, CEO of RTS, I can reassure you that RTS remains committed to the Linux project and will continue to contribute to it. We are pleased that RTS software is a part of the Linux distribution under the GPL.
RTS also has a commercial software business. It distributes versions of its scsi target code that support features and functions not officially in Linux (or at least, not yet). That commercial RTS business includes the licensing of those derivative works of its own code to its own customers. Nothing whatsoever in the GPL or in the policies of the Linux Foundation prohibits that.
I would also like to address some comments made on these lists by Andy Grover and Bradley Kuhn.
First, I hope that we can tone down the arguments about whether the use of Linux APIs and headers automatically turns a program into a derivative work
of Linux. I think that argument has been largely debunked in the U.S. in the recent decision in Oracle v. Google, and in Europe in SAS v. World
Programming. Does anyone here question whether the original work that RTS contributed to Linux (and that *is* under the GPL) is an original work of
authorship of RTS despite the fact that it links to other GPL code using headers and APIs?
Second, we are grateful for the efforts that Bradley Kuhn and others put in to enforce the GPL. As I said above, RTS owns and has registered the
copyright on its scsi target and will enforce it if necessary. So Brad, we may solicit your assistance if we find any third party who is distributing
an unauthorized non-GPL derivative work of the scsi target now in Linux. RTS, of course, retains the exclusive right to do so, but no third party can
do so without a license from RTS.
Best regards, /Larry
P.S. In accordance with my obligations as an attorney when communicating with a represented person, I am copying attorneys for Red Hat and Linux Foundation on this email. If anyone wishes to respond to me, please copy me directly since I am not subscribed to these lists.
Lawrence Rosen
This is probably what Red Hat thinks needs to be proven.
Then they would have it completely wrong.
"As you know, we contributed the Linux SCSI target core, including the relevant interfaces, to the Linux kernel. To be clear, we wrote that code entirely ourselves, so we have the right to use it as we please."
RedHat would, instead, need to disprove that. I honestly don't know the truth of it, offhand. But, if true, RedHat doesn't have a leg to stand on.
If I modify your GPL'd code, I need to release my changes. If I releasing my own code under the GPL, I can also release it however else (ie, closed and proprietary) I want, and you can't do a goddamned thing about it. You have no rights to my further improvements thereof, you have no rights to me continuing that codebase in the future, you simply have no rights beyond what I've granted you with the GPL version.
More to the point - The GPL doesn't change the ownership of a snippet of code. It only changes the terms under which others can use that code. The original author still retains the right to do whatever the hell he wants with his code.