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Software Freedom Conservancy: Distributing Linux With ZFS Is Illegal (phoronix.com)

LichtSpektren writes: Phoronix reports that Bradley M. Kuhn and Karen M. Sandler at the Software Freedom Conservancy (SFS) have posted a blog post today arguing that Canonical's plan to distribute Ubuntu 16.04 LTS "Xenial Xerus" with support for the ZFS file system violates the Linux kernel's GPLv2 license.

On February 18, Dustin Kirkland at Canonical wrote on his blog: "We at Canonical have conducted a legal review, including discussion with the industry's leading software freedom legal counsel, of the licenses that apply to the Linux kernel and to ZFS. And in doing so, we have concluded that we are acting within the rights granted and in compliance with their terms of both of those licenses...The CDDL cannot apply to the Linux kernel because zfs.ko is a self-contained file system module — the kernel itself is quite obviously not a derivative work of this new file system. And zfs.ko, as a self-contained file system module, is clearly not a derivative work of the Linux kernel but rather quite obviously a derivative work of OpenZFS and OpenSolaris. Equivalent exceptions have existed for many years, for various other stand alone, self-contained, non-GPL kernel modules. Our conclusion is good for Ubuntu users, good for Linux, and good for all of free and open source software."

The SFS's blog post of today states: "We are sympathetic to Canonical's frustration in this desire to easily support more features for their users. However, as set out below, we have concluded that their distribution of zfs.ko violates the GPL."

5 of 379 comments (clear)

  1. Software Freedom? by KermodeBear · · Score: -1, Troll

    So, Software Freedom means that you can't do what you want with your software? Is this one of those Richard Stalin - I mean, Stallman - groups or something?

    --
    Love sees no species.
    1. Re:Software Freedom? by Marginal+Coward · · Score: -1, Troll

      Let's not give Mr. Stallman too much credit, here. I believe George Orwell thought of it first:

      “Doublethink means the power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them.”

      For example, it's a pretty short trip from Orwell's "Freedom is Slavery" to Stallman's "Freedom means not using proprietary software." For many more such gems, search for the word "freedom" on his Wikiquote page.

    2. Re:Software Freedom? by BarbaraHudson · · Score: -1, Troll

      The only part of their blog post you should adhere to is "Do Not Rely On This Document As Legal Advice". Everything else is political posturing.

      The Software Freedom Conservancy doesn't have standing, and if they tried, Oracle would probably kill them good!

      Remember, morons like these want to include scripts that have NO linking at any stage as being "linked" when they call each other.

      Dynamically loading and executing code in a separate module is not linking, even though we unfortunately refer to it as "dynamic linking." The code in a module is separate from the caller, written by others, and since either can be distributed without the other, they are obviously not "linked" - especially since you can change whether any module is loaded or not at run time if you so choose to include the necessary code. Including them in the same distro is no different than including gplv2 and bsd code in the same distro.

      The kernel and zfs are are distributed in the same way that a can of beans and and apple are a "combined distribution" when you leave the grocery store. They're still separate entities, and a worm in the apple does not affect the beans in any way whatsoever - not even legally. To say that they need to be distributed separately is total bullsh*t.

      By the same token, since the two are separate, even on an ISO of a distro (oh look - they are indeed separate files), they do not form either a derivative or combined work. The two works are still independent of each other.

      The Software Freedom Conservancy is doing a great job of showing how freetards think.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  2. Re:No winners here. by Cramer · · Score: -1, Troll

    Translation: *whaaa*We don't like ZFS*whaaa*

    The only possible grounds for complaint is that it's shipped with the base kernel (linux-image-4.4.0-7-generic) I've not unpacked the source package to see if they ship it with zfs already shoe-spooned into the tree. (but, there is an update-zfs.sh script in the debian specific parts) In fact, most of the modules are "GPL", not "GPL v2"; and yes, the zfs stuff are the only non-GPL modules in the package.

    HOWEVER: Adding a file to an archive of your own making (i.e. a dot.deb, dot.rpm, dot.pkg, dot.zip, dot.tgz, ...) has ZERO entanglement with the GPL. If that were true, ISO's and disk images would be "illegal".

  3. Poor Oracle! by pem · · Score: -1, Troll
    From the SFLC post:

    We are also concerned that it may infringe Oracle's copyrights in ZFS.

    IOW, Oracle is just like a woman who is weak and lacks agency and needs an SJW to take up her cause and be offended on her behalf.