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* Re: Honest does not pay here ...
@ 2003-01-05 12:34 Adam J. Richter
  2003-01-05 19:31 ` William Lee Irwin III
  0 siblings, 1 reply; 86+ messages in thread
From: Adam J. Richter @ 2003-01-05 12:34 UTC (permalink / raw)
  To: paul; +Cc: andre, andrew, linux-kernel

I wrote:
>        Alan Cox (lots of stuff), Andre Hedrik (IDE), Rik van Riel
>(VM) and William Lee Irwin (NUMA) are substantial contributors.  I'm [...]

	Just to clarify, I didn't mean to imply that Andre, Rik and
William were opposed to the idea of allowing proprietary modules at
least if they call through a set of defined interfaces.  Andre and Rik
seem to be in favor of it.  I don't think I've seen a statement from
wli about it.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Re: Honest does not pay here ...
@ 2003-01-13  0:18 Adam J. Richter
  0 siblings, 0 replies; 86+ messages in thread
From: Adam J. Richter @ 2003-01-13  0:18 UTC (permalink / raw)
  To: paul; +Cc: andre, andrew, linux-kernel

On Sun, 12 Jan 2003, Paul Jakma wrote:
>On Sun, 12 Jan 2003, Adam J. Richter wrote:

>> Paul Jakma writes:
>> >And frankly, courts in most parts of the world will look at community
>> >practice as a (slightly weaker than a court case) precedent [...]

>i didnt write what you have quoted. 

	A thousand pardons, sir!  Andrew McGregor actually said it in
message-ID <2082330000.1041765872@localhost.localdomain>, and he has
responded to my posting about it.

	I'm especially sorry about this given the particular statement
that I misattributed to you.  Please accept my contrite apologies.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Re: Honest does not pay here ...
@ 2003-01-12  9:27 Adam J. Richter
  2003-01-12 10:25 ` Andrew McGregor
  2003-01-12 13:52 ` Paul Jakma
  0 siblings, 2 replies; 86+ messages in thread
From: Adam J. Richter @ 2003-01-12  9:27 UTC (permalink / raw)
  To: paul; +Cc: andre, andrew, linux-kernel

Paul Jakma writes:
>And frankly, courts in most parts of the world will look at community
>practice as a (slightly weaker than a court case) precedent [...]

	Since you imply that you are familiar with "courts in most
parts of the world", I'd be interested if you could identify, and,
ideally, quote the court decisions or laws that define this "community
practice as a (slightly weaker than court case) precedent" doctrine,
presumably some kind of extension of stare decisis that I haven't
heard of before.

	Apparently, findlaw hasn't heard of it either.  "community
practice" only turned up one clearly inapplicable hit (in quotation
marks so as not to turn up every page containing the words "community"
and "practices") about "studies performed in community practice
settings involving thousands of patients."  In comparison,
"contributory infringement" turned up 75 hits, 129 hits for "stare
decisis", 246 hits for "court precedent."  I don't see anything
relevant from poking around google, but there were a lot of hits.

	Anyhow, as far as I can tell, no copyright owner other than
Linus has given permission to use their code with proprietary modules.
If you want to give people permission to use _your_ code under terms
essentially identical to the LGPL (since you can always write wrapper
functions) then feel free to state that you are granting that
permission, or, perhaps more simply, LGPL your contributions.

	I'm not a lawyer.  This is not intended as legal advice.

	Also, if you do not answer my question clearly and honestly or
I otherwise think you've danced around it, then I may not be able to
prioritize any more time to you respond further.  That does not imply
agreement.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* RE: Honest does not pay here ...
@ 2003-01-08  7:29 Hell.Surfers
  2003-01-08 20:59 ` Philip Dodd
  0 siblings, 1 reply; 86+ messages in thread
From: Hell.Surfers @ 2003-01-08  7:29 UTC (permalink / raw)
  To: andre, pollard, linux-kernel

[-- Attachment #1: Type: text/plain, Size: 405 bytes --]

People, I am confident would rather use GPLd drivers in GNU/Linux, without checksums and make their own checksums, NT4 SP6 would get drivers from the makers of the iSCSI cards, its easy to make them, im working on GPLd support for USB under W95.

Dean McEwan, If the drugs don't work, [sarcasm] take more...[/sarcasm].

On 	Tue, 7 Jan 2003 16:24:12 -0800 (PST) 	Andre Hedrick <andre@linux-ide.org> wrote:

[-- Attachment #2: Type: message/rfc822, Size: 2176 bytes --]

From: Andre Hedrick <andre@linux-ide.org>
To: Jesse Pollard <pollard@admin.navo.hpc.mil>
Cc: linux-kernel@vger.kernel.org
Subject: Re: Honest does not pay here ...
Date: Tue, 7 Jan 2003 16:24:12 -0800 (PST)
Message-ID: <Pine.LNX.4.10.10301071621210.421-100000@master.linux-ide.org>

On Tue, 7 Jan 2003, Jesse Pollard wrote:

> Not quite the same thing. I'm referring to the hardware design. I've seen too
> much crap hidden in drivers to try and coverup crappy hardware
> design/implementation.

I never said there was hardware involved.
I could add hardware in the form of CAM.
	Content Addressable Memory.

> I would presume your cut would come from my willingness to purchace the
> hardware. Your added value is a software demonstration of capability. My

Nope, it is pure software ... my cut is you buying the driver.

If the hardware fails, it is in opensouce drivers.

Cheers,

Andre Hedrick
LAD Storage Consulting Group

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^ permalink raw reply	[flat|nested] 86+ messages in thread
[parent not found: <Pine.LNX.3.96.1030107112017.15952A-100000@gatekeeper.tmr.com>]
* Re: Honest does not pay here ...
@ 2003-01-06  2:08 Adam J. Richter
  0 siblings, 0 replies; 86+ messages in thread
From: Adam J. Richter @ 2003-01-06  2:08 UTC (permalink / raw)
  To: lm; +Cc: andre, andrew, linux-kernel, paul

Larry McVoy writes:
>I could be wrong but if I'm not what do you hope to accomplish other
>than wasting a lot of time?

	1. A clearer legal situation either way would reduce
	   competitive economic pressure on employees and companies
	   alike to go into darker and darker grey areas.

	2. A clearer understanding that GPL-incompatible kernel
	   modules are illegal would prevent a repeat of the old
	   unix days when lots of companies invested money in
	   duplicating each other's kernel work.  Perhaps fewer
	   dollars would be invested this way, but I believe
	   that ultimately more functionality would be delivered
	   to more people.

	3. Most modestly, a clearer understanding that not every
	   kernel copyright owner grants the
	   EXPORT_SYMBOL / EXPORT_SYMBOL_GPL permissions will at
	   least help everyone better assess the situation for
	   themselves in making their own decisions.

[...]
>Until that time,
>how about you go back to coding rather complaining?

	Well, let's see.  I've recently posted GPL'ed patches to
shrink devfs to a fraction of its size, to clean up /dev/loop, to
remove 1-2 copies in the crypto api path depending on how it's used,
to eliminate the need for special locking to do raceless module
unloading, and my name appears in 11 of the 2.5 ChangeLog files for
various little things.  Sorry if I'm not working hard enough for you.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Re: Honest does not pay here ...
@ 2003-01-05 20:21 Adam J. Richter
  2003-01-05 20:29 ` Andre Hedrick
  2003-01-06  1:03 ` Larry McVoy
  0 siblings, 2 replies; 86+ messages in thread
From: Adam J. Richter @ 2003-01-05 20:21 UTC (permalink / raw)
  To: lm; +Cc: andre, andrew, linux-kernel, paul

Larry McVoy wrote:
>The day that you take over the day to day running of the kernel effort
>is the day that you get to enforce your rules.  Linus provides huge
>value that neither you nor anyone else provides.  So he makes the rules.
>If you don't like it, make a stink and withdraw your patches.  They'll
>get replaced right away.

	If you think no Linux copyright owner other than Linus can
enforce their copyrights, then your understanding of copyright law
is different from mine.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Re: Honest does not pay here ...
@ 2003-01-05 12:26 Adam J. Richter
  2003-01-05 14:51 ` Larry McVoy
                   ` (2 more replies)
  0 siblings, 3 replies; 86+ messages in thread
From: Adam J. Richter @ 2003-01-05 12:26 UTC (permalink / raw)
  To: paul; +Cc: andre, andrew, linux-kernel

Paul Jakma wrote:
>It would make things clear, would help people like Andre and
>corporations like NVidia to continue to bring drivers to linux. Not a
>single person who matters (ie actual kernel contributors) has so far
>expressed any opinion (eg in the rash of GPL threads currently
>ongoing) that would indicate they are not happy with the current
>status quo as detailed in the above post by Linus.

	Alan Cox (lots of stuff), Andre Hedrik (IDE), Rik van Riel
(VM) and William Lee Irwin (NUMA) are substantial contributors.  I'm
not a principal author or maintainer of any kernel component, but I've
submitted a number of patches over the years that are part of the
kernel.

	Speaking only for myself, Linus's gnu.misc.discuss posting was
not the understanding under which I contributed.  I don't know of
Linus ever claiming that others are required to also grant the
permission that Linus granted in his gnu.misc.discuss posting as a
condition of their code being integrated into the stock kernels.

	  If you look toward the bottom of the second web page that I
mentioned in my previous message
( http://www.gcom.com/home/support/whitepapers/linux-gnu-license.html ),
you'll see a statement from Alan Cox of June 7, 2001 making a similar
point.  Here is a URL for the lkml message that that page quoted:
http://marc.theaimsgroup.com/?l=linux-kernel&m=99193676018831&w=2


Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Re: Honest does not pay here ...
@ 2003-01-05  0:25 Adam J. Richter
  2003-01-05  3:21 ` Paul Jakma
  0 siblings, 1 reply; 86+ messages in thread
From: Adam J. Richter @ 2003-01-05  0:25 UTC (permalink / raw)
  To: linux-kernel; +Cc: andre

I wrote:
>        I believe that the illegality of proprietary kernel modules
>has resulting in more GPL-compatible kernel code than without such
>a restriction.

	Andre has informed me of a posting made by Linus to the
gnu.misc.discuss newsgroup (Message-ID
"4b0rbb$5iu@klaava.helsinki.fi") on December 17, 1995 where he
basically gave his permission for the EXPORT_SYMBOL
vs. EXPORT_SYMBOL_GPL system hereby proprietary modules that call only
EXPORT_SYMBOL symbols are allowed:

http://groups.google.com/groups?as_umsgid=4b0rbb%245iu%40klaava.helsinki.fi

	I am not a lawyer, so don't take this as legal advice.  What
follows is just my layman's opinion.

	I think the permission in Linus's gnu.misc.discuss cannot
apply retroactively to the contributions of others that were
contributed before that message was posted without those copyright
holders agreeing.  It might help one argue that contributions by
others after that time included that implicit grant, but I wonder to
what degree you one can expect that contributors should have been
aware of a gnu.misc.discuss posting (for example, compared to being
aware of /usr/src/linux/COPYING).  I wasn't aware of it until today.

	I also doubt the theory that calling only through the
EXPORT_SYMBOL functions that Linus wrote makes Linus's permission
sufficient for binary modules as is theorized at the bottom of this URL:
http://www.gcom.com/home/support/whitepapers/linux-gnu-license.html.

	Running Linux still involves using a lot of other people's
contributions in ways restricted by copyright, generally requiring one
follow the conditions under which permission to do these things will
be granted (usually the GNU General Public License; some are less
restricted).  Arguing that a compatability layer allows you to do
something with the software underneat that is forbidden by copyright
and not a permission granted by the copyright holder sounds to me like
saying that Netscape's compatability layer gives you permission to
make copies of Microsoft Windows (software potentially behind the
layer) beyond the restrictions of copyright and whatever permission
you already have from microsoft.  I know the anaology isn't perfect,
but I believe the relevant aspects are.

	Anyhow, I thought I should post this information, as it was
news to me, and I my posting of a few hours aga alone would otherwise
propagate my own previous ignorance of an important element of this
issue.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Re: Honest does not pay here ...
@ 2003-01-04 18:09 Adam J. Richter
  2003-01-05 22:03 ` Henning P. Schmiedehausen
  0 siblings, 1 reply; 86+ messages in thread
From: Adam J. Richter @ 2003-01-04 18:09 UTC (permalink / raw)
  To: andre; +Cc: linux-kernel

	I believe that the illegality of proprietary kernel modules
has resulting in more GPL-compatible kernel code than without such
a restriction.

	Perhaps more people would initially write contributions in the
absense of such a restriction, but my experience has been that, given
that choice, enough contributors eventually evolve their policies to
something not sufficiently free that there is less in total to build
on, and the net result is that software does not advance in the long
term as quickly as with something like the GPL.  That is one reason
why this Berkeley alumnus decided to bet on Linux rather than BSD back
in 1992. It's a complex empirical question.  I believe that copying
conditions have been *one* of the determining factors in adoption of
Linux versus Berkeley Software Distribution (and I'm not a BSD
detractor; I'd like to see Linux distributions that could boot dual
boot a BSD kernel with Linux-compatible system calls, but I digress).

	This brings me to my suggestion for how you could legally
accomplish what you're trying to do with only modest change in your
procedures.  You could do your proprietary work on BSD and port any
GPL-compatible stuff that you want to release to Linux.  I expect the
BSD people would probably welcome you and it might even improve
communication and reduce duplication of effort between BSD and Linux
camps.

Adam J. Richter     __     ______________   575 Oroville Road
adam@yggdrasil.com     \ /                  Milpitas, California 95035
+1 408 309-6081         | g g d r a s i l   United States of America
                         "Free Software For The Rest Of Us."

^ permalink raw reply	[flat|nested] 86+ messages in thread
* RE: Honest does not pay here ...
@ 2003-01-04 17:05 Billy Rose
  0 siblings, 0 replies; 86+ messages in thread
From: Billy Rose @ 2003-01-04 17:05 UTC (permalink / raw)
  To: andre, linux-kernel, hell.surfers

dear mr. hedrick,

i would like to _formally_ apologize for the flames you have received
from this list. please understand that the opinions you received in
those flames are not the opinions of most. _please_ keep up the
great work.


billy
=====
"there's some milk in the fridge that's about to go bad...
and there it goes..." -bobby

^ permalink raw reply	[flat|nested] 86+ messages in thread
* Honest does not pay here ...
@ 2003-01-04 14:12 Andre Hedrick
  2003-01-04 14:22 ` Murray J. Root
                   ` (6 more replies)
  0 siblings, 7 replies; 86+ messages in thread
From: Andre Hedrick @ 2003-01-04 14:12 UTC (permalink / raw)
  To: linux-kernel


Well, all this goes to show you is that if you try to do the right thing
and you have something of value, you are attacked.

I have enjoyed begin called everything from a turncoat, backstabber,
cheater, liar, theif, weasle.

I guess I should not have said anything, and behaved like the rest.

You know the embedded, the appliance, etc ... resellers who we all know
close up the code and ship for commerial reasons.  Funny how they can do
it and nobody cares or they hide with a grin screaming NIMBY NIMBY.
Everyone is doing it and everyone looks away.

Best of all some of the worst name callers are the ones who use the code I
wrote to enable them to make money.  Yet if you have something which does
not exist in the kernel and you adopt an API to use kernel calls, you get
branded and hated.

It could not have happened to a nicer loser, "fill in the blank" ...

Well you all have gotten all kinds of goodie for free, and I just want to
keep one of my pieces of hard work that was created during the time I was
booted out.

Well I was thinking of giving part of it to the community after I
recovered my costs of development, now I think not.

At least I have the integrity to state clearly my intentions, while the
rest hide and cower in corners.  This reminds me of a bucket of crabs.

Well I really wanted to use every dirty word in the book, but it is not
worth it.

I will plan to put "linux-ide.org" and "linuxdiskcert.org" up for sale.
Additionally I will try to arrange for a legal transfer of the NDA's
attached to "Linux ATA Development" to the individual or group who wish to
purchase the access, pays all legal fees/work to to complete the transaction.
I wisely attached any and all NDA's to the fore mentioned organization.

If you are interested, please contact me offline.
Please also have the means to purchase the information to be transferred
which is not covered by any of the NDA's.  This will include various
pieces of IP which was scheduled to be transfered to the kernel, but now
will only be for sale as an entire package.

The transaction for purchase will be executed via a wire transfer of funds
to a specified account, once cleared it you will receive a manifest.

regards,

-ah


^ permalink raw reply	[flat|nested] 86+ messages in thread

end of thread, other threads:[~2003-01-17 19:54 UTC | newest]

Thread overview: 86+ messages (download: mbox.gz follow: Atom feed
-- links below jump to the message on this page --
2003-01-05 12:34 Honest does not pay here Adam J. Richter
2003-01-05 19:31 ` William Lee Irwin III
  -- strict thread matches above, loose matches on Subject: below --
2003-01-13  0:18 Adam J. Richter
2003-01-12  9:27 Adam J. Richter
2003-01-12 10:25 ` Andrew McGregor
2003-01-12 13:52 ` Paul Jakma
2003-01-08  7:29 Hell.Surfers
2003-01-08 20:59 ` Philip Dodd
2003-01-09 23:27   ` Bill Davidsen
     [not found] <Pine.LNX.3.96.1030107112017.15952A-100000@gatekeeper.tmr.com>
2003-01-07 20:04 ` Steven Barnhart
2003-01-06  2:08 Adam J. Richter
2003-01-05 20:21 Adam J. Richter
2003-01-05 20:29 ` Andre Hedrick
2003-01-05 22:28   ` Trever L. Adams
2003-01-06  0:01     ` Andrew McGregor
2003-01-06  0:15       ` Trever L. Adams
2003-01-06  1:43         ` Stephen Satchell
2003-01-06  7:40           ` Trever L. Adams
2003-01-06  8:37             ` Andre Hedrick
2003-01-06  2:03         ` Ian Molton
2003-01-06  3:14         ` Andrew McGregor
2003-01-06  2:18   ` jw schultz
2003-01-06  1:03 ` Larry McVoy
2003-01-05 12:26 Adam J. Richter
2003-01-05 14:51 ` Larry McVoy
2003-01-05 15:33 ` Alan Cox
2003-01-05 20:07   ` Andre Hedrick
2003-01-05 15:45 ` Andre Hedrick
2003-01-05  0:25 Adam J. Richter
2003-01-05  3:21 ` Paul Jakma
2003-01-05 11:24   ` Andrew McGregor
2003-01-05 15:53   ` Matthew Zahorik
2003-01-05 18:16     ` Mike Galbraith
2003-01-05 19:47       ` Bruce Harada
2003-01-05 20:06         ` Mike Galbraith
2003-01-05 22:54         ` Andre Hedrick
2003-01-04 18:09 Adam J. Richter
2003-01-05 22:03 ` Henning P. Schmiedehausen
2003-01-05 22:53   ` David van Hoose
2003-01-05 23:14     ` Henning P. Schmiedehausen
2003-01-06  0:22       ` David van Hoose
2003-01-06  9:31         ` Henning Schmiedehausen
2003-01-06 23:41         ` Matthias Andree
2003-01-06 23:59           ` Andre Hedrick
2003-01-07  0:07           ` Andrew Walrond
2003-01-07  0:51             ` Steven Barnhart
2003-01-07  9:57               ` Henning P. Schmiedehausen
2003-01-07 11:21                 ` Alexander Kellett
2003-01-07 23:04                 ` Daniel Egger
2003-01-07  1:24             ` Matthias Andree
2003-01-07 10:07               ` Henning P. Schmiedehausen
2003-01-07 12:44                 ` Alan Cox
2003-01-12 23:36                 ` Matthias Andree
2003-01-07 16:32               ` Bill Davidsen
2003-01-07 17:21                 ` Ryan Anderson
2003-01-07 18:33                 ` Jesse Pollard
2003-01-07 19:24                   ` Bill Davidsen
2003-01-07 20:58                   ` Andre Hedrick
2003-01-07 23:09                     ` Jesse Pollard
2003-01-08  0:24                       ` Andre Hedrick
2003-01-07 23:35                   ` Matthias Andree
2003-01-07 23:33                 ` Matthias Andree
2003-01-07 14:24           ` Dana Lacoste
2003-01-07 23:28             ` Matthias Andree
2003-01-08  0:24               ` venom
2003-01-08  0:30                 ` Larry McVoy
2003-01-08  0:54                   ` venom
2003-01-08  1:10                     ` Andre Hedrick
2003-01-08 10:08                       ` venom
2003-01-08 11:05                         ` Andre Hedrick
     [not found]                         ` <Pine.LNX.4.10.10301080249330.421-100000@master.linux-ide.o rg>
2003-01-08 15:25                           ` Stephen Satchell
2003-01-08  1:10                   ` Matthias Andree
2003-01-08  1:41                   ` Alan Cox
2003-01-08 14:59                   ` Jesse Pollard
2003-01-10 14:30                   ` Pavel Machek
2003-01-04 17:05 Billy Rose
2003-01-04 14:12 Andre Hedrick
2003-01-04 14:22 ` Murray J. Root
2003-01-04 14:28 ` William Lee Irwin III
2003-01-04 14:49 ` Andrew McGregor
2003-01-04 15:28 ` Rik van Riel
2003-01-04 20:48   ` Andre Hedrick
2003-01-04 20:56     ` Mark Rutherford
2003-01-04 17:06 ` Steve Lee
2003-01-04 18:38 ` Andrew Walrond
2003-01-04 21:50 ` brian

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