Licensing problem in drivers/mmc/card/block.c

Licensing problem in drivers/mmc/card/block.c

[Alexey Zaytsev]

Hi.

Please correct me if I'm wrong, but It seems that additional
restrictions are imposed on the distribution of the code here, which
is explicitly prohibited by the GPL paragraph 6:

  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.


 * Block driver for media (i.e., flash cards)
 *
 * Copyright 2002 Hewlett-Packard Company
 * Copyright 2005-2008 Pierre Ossman
 *
 * Use consistent with the GNU GPL is permitted,
 * provided that this copyright notice is
 * preserved in its entirety in all copies and derived works.
 *
 * HEWLETT-PACKARD COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
 * AS TO THE USEFULNESS OR CORRECTNESS OF THIS CODE OR ITS
 * FITNESS FOR ANY PARTICULAR PURPOSE.
 *
 * Many thanks to Alessandro Rubini and Jonathan Corbet!

And if I'm right, there is a whole bunch of other files with a similar problem.

Re: Licensing problem in drivers/mmc/card/block.c

[Chris Ball]

Hi,

On Fri, Sep 09 2011, Alexey Zaytsev wrote:
> Please correct me if I'm wrong, but It seems that additional
> restrictions are imposed on the distribution of the code here [..]

I think you're wrong, because in this case the request is not an
*additional* restriction -- GPLv2 section 1 already demands that
you "keep intact all the notices that refer to this License and
to the absence of any warranty", which is exactly what's being
demanded by the text you quoted.

So it's not an additional restriction, it's just a reminder that
you have to follow the existing restriction of GPLv2 section 1
when redistributing.

Thanks,

- Chris.
-- 
Chris Ball   <cjb@laptop.org>   <http://printf.net/>
One Laptop Per Child