* Binary Drivers
@ 2006-12-15 21:20 James Porter
2006-12-15 21:59 ` Alan
` (4 more replies)
0 siblings, 5 replies; 76+ messages in thread
From: James Porter @ 2006-12-15 21:20 UTC (permalink / raw)
To: linux-kernel
I think some kernel developers take to much responsibility, is there a bug in a
binary driver? Send it upstream and explain to the user that it's a closed
source driver and is up to said company to fix it.
For what it's worth, I don't see any problem with binary drivers from hardware
manufacturers.
Just because nvidia makes a closed source driver doesn't mean that we can't also
create an open source driver(limited functionality, reverse engineered,
etc.,etc.). I firmly believe that the choice should be up to the user and/or
distro. I'm not a kernel dev, I don't know c...but I understand the concepts and
I should have the right to do what I want with this GPL code. Restricting me
only frustrates me. Should the default be open source, definitely; should binary
drivers be blocked from running on a linux kernel...certainly not.
I personally like nvidia's products, they have spent a lot of money in R&D. One
example is SLI, if their spec was open what would stop ATI from stealing their
work(patents?, gotta love those). Personally I think nvidia has excellent
support for linux, I have actually convinced people to use linux(desktop and
server) just by showing them beryl with the nvidia beta drivers.
Lastly I think it's ridiculous to create,diplay, and distribute "Free" as in
freedom and "Free" as in cost software only to later consider limiting my
freedom...want to know why a lot of large companies don't support
linux...exactly threads like this. Why make the effort to use "Free" software
only to have the rug pulled out from under you. This is what makes the BSDs so
attractive.
^ permalink raw reply [flat|nested] 76+ messages in thread* Re: Binary Drivers 2006-12-15 21:20 Binary Drivers James Porter @ 2006-12-15 21:59 ` Alan 2006-12-15 22:00 ` Jan Engelhardt 2006-12-18 14:31 ` Lennart Sorensen 2006-12-15 22:01 ` Alexey Dobriyan ` (3 subsequent siblings) 4 siblings, 2 replies; 76+ messages in thread From: Alan @ 2006-12-15 21:59 UTC (permalink / raw) To: James Porter; +Cc: linux-kernel > I personally like nvidia's products, they have spent a lot of money in R&D. One > example is SLI, if their spec was open what would stop ATI from stealing their 3DFx invented SLI many years ago. The SLI programming information for the 3DFx cards is public. Nvidia are a bit late to the party except on the PR front. Alan ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 21:59 ` Alan @ 2006-12-15 22:00 ` Jan Engelhardt 2006-12-18 14:31 ` Lennart Sorensen 1 sibling, 0 replies; 76+ messages in thread From: Jan Engelhardt @ 2006-12-15 22:00 UTC (permalink / raw) To: Alan; +Cc: James Porter, linux-kernel On Dec 15 2006 21:59, Alan wrote: > >> I personally like nvidia's products, they have spent a lot of money in R&D. One >> example is SLI, if their spec was open what would stop ATI from stealing their > >3DFx invented SLI many years ago. The SLI programming information for the >3DFx cards is public. Nvidia are a bit late to the party except on the PR >front. ...and there are enough people to take the PR. (Meaning they don't check if "SLI" existed before and hence reveal foul PR.) -`J' -- ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 21:59 ` Alan 2006-12-15 22:00 ` Jan Engelhardt @ 2006-12-18 14:31 ` Lennart Sorensen 1 sibling, 0 replies; 76+ messages in thread From: Lennart Sorensen @ 2006-12-18 14:31 UTC (permalink / raw) To: Alan; +Cc: James Porter, linux-kernel On Fri, Dec 15, 2006 at 09:59:43PM +0000, Alan wrote: > 3DFx invented SLI many years ago. The SLI programming information for the > 3DFx cards is public. Nvidia are a bit late to the party except on the PR > front. Well they do work differently. 3Dfx just did alternate line rendering, while nvidia does a lot more methods of dividing the work load (many of which are likely to be more efficient than alternate line rendering in general). No doubt why they picked the name SLI though. They did also buy out 3Dfx so I guess by that they can claim to have "invented" it. :) -- Len Sorensen ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 21:20 Binary Drivers James Porter 2006-12-15 21:59 ` Alan @ 2006-12-15 22:01 ` Alexey Dobriyan 2006-12-16 1:57 ` Tomas Carnecky ` (2 more replies) 2006-12-16 8:08 ` Pavel Machek ` (2 subsequent siblings) 4 siblings, 3 replies; 76+ messages in thread From: Alexey Dobriyan @ 2006-12-15 22:01 UTC (permalink / raw) To: James Porter; +Cc: linux-kernel On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: > I think some kernel developers take to much responsibility, is there a bug in a > binary driver? Send it upstream and explain to the user that it's a closed > source driver and is up to said company to fix it. > > For what it's worth, I don't see any problem with binary drivers from hardware > manufacturers. Binary drivers from hardware manufacturers are crap. Learn it by heart. > Just because nvidia makes a closed source driver doesn't mean that we can't also > create an open source driver(limited functionality, reverse engineered, > etc.,etc.). We can. > I firmly believe that the choice should be up to the user and/or > distro. I'm not a kernel dev, I don't know c... but you can't. > but I understand the concepts and > I should have the right to do what I want with this GPL code. You don't have a right to do what you want with GNU GPL'ed code. Read the fucking license, already. > Restricting me only frustrates me. Nobody is restricting you. > Should the default be open source, definitely; should binary > drivers be blocked from running on a linux kernel...certainly not. But users of binary drivers should be blocked from sending bug reports to kernel developers. > I personally like nvidia's products, they have spent a lot of money in R&D. One > example is SLI, if their spec was open what would stop ATI from stealing their > work(patents?, gotta love those). I lost a nice quote about 10-20% of the community stopping making excuses for vendors. Sad, sad, nice quote definitely. > Personally I think nvidia has excellent > support for linux, I have actually convinced people to use linux(desktop and > server) just by showing them beryl with the nvidia beta drivers. beryl on server? > Lastly I think it's ridiculous to create,diplay, and distribute "Free" as in > freedom and "Free" as in cost software only to later consider limiting my > freedom... Nobody is limiting you. > want to know why a lot of large companies don't support > linux...exactly threads like this. You asked them? > Why make the effort to use "Free" software > only to have the rug pulled out from under you. This is what makes the BSDs so > attractive. So use BSD. ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 22:01 ` Alexey Dobriyan @ 2006-12-16 1:57 ` Tomas Carnecky 2006-12-16 18:03 ` Jan Engelhardt 2006-12-18 14:34 ` Eric W. Biederman 2006-12-16 3:56 ` jdow 2006-12-17 11:44 ` Binary Drivers Geert Uytterhoeven 2 siblings, 2 replies; 76+ messages in thread From: Tomas Carnecky @ 2006-12-16 1:57 UTC (permalink / raw) To: Alexey Dobriyan; +Cc: James Porter, linux-kernel Alexey Dobriyan wrote: > On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: >> For what it's worth, I don't see any problem with binary drivers from hardware >> manufacturers. > > Binary drivers from hardware manufacturers are crap. Learn it by heart. > That's your personal opinion! A lot other people (including me) have had excellent experience with binary drivers! >> Just because nvidia makes a closed source driver doesn't mean that we can't also >> create an open source driver(limited functionality, reverse engineered, >> etc.,etc.). > > We can. > The day you show me that the open-source driver is faster and more stable then the binary driver, I'll switch. But until then I'll stay with my binary driver. I haven't had any serious problems with it, in fact, I'm very happy, so why should I want to switch? I don't see Linux in such a political way like some of you do, for me Linux is just like any other OS. There are good drivers and bad drivers. And I don't care if they are open source or binary, I don't judge them based on that, but based on how well they work and how good the support is. > But users of binary drivers should be blocked from sending bug reports > to kernel developers. > Most end-users will never get directly in touch with the kernel developers. They'll first go to their distribution. Most Ubuntu users don't even know what a kernel is (not that I use Ubuntu, but it's a distribution that is widespread among the less experienced end-users and people who switch to Linux from the windows world). tom ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-16 1:57 ` Tomas Carnecky @ 2006-12-16 18:03 ` Jan Engelhardt 2006-12-18 14:34 ` Eric W. Biederman 1 sibling, 0 replies; 76+ messages in thread From: Jan Engelhardt @ 2006-12-16 18:03 UTC (permalink / raw) To: Tomas Carnecky; +Cc: Alexey Dobriyan, James Porter, linux-kernel On Dec 16 2006 01:57, Tomas Carnecky wrote: > Alexey Dobriyan wrote: >> On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: >> > For what it's worth, I don't see any problem with binary drivers from >> > hardware >> > manufacturers. >> >> Binary drivers from hardware manufacturers are crap. Learn it by heart. > > That's your personal opinion! A lot other people (including me) have had > excellent experience with binary drivers! Either way. * NVIDIA blob on a desktop box Ability to deadlock the machine, proved so in the past, but has not happened >= 1.0.7xxx so far. * Free "radeon" driver on a laptop The _second_ time (relative to starting the X binary) I switch from Xorg 6.x to the console, the screen fades from black to white. System remains operational, switching back to X gives me my graphics mode back, but no way to go back to console. -`J' -- ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-16 1:57 ` Tomas Carnecky 2006-12-16 18:03 ` Jan Engelhardt @ 2006-12-18 14:34 ` Eric W. Biederman 2006-12-21 16:33 ` Scott Preece 1 sibling, 1 reply; 76+ messages in thread From: Eric W. Biederman @ 2006-12-18 14:34 UTC (permalink / raw) To: Tomas Carnecky; +Cc: Alexey Dobriyan, James Porter, linux-kernel Tomas Carnecky <tom@dbservice.com> writes: > Alexey Dobriyan wrote: >> On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: >>> For what it's worth, I don't see any problem with binary drivers from > hardware >>> manufacturers. >> >> Binary drivers from hardware manufacturers are crap. Learn it by heart. >> > > That's your personal opinion! A lot other people (including me) have had > excellent experience with binary drivers! Almost all software is crap. Binary drivers are just unreviewed unfixable crap. Things don't get better if you encourage crap. The practical problem with simple testing for detecting problems is that you don't frequently test the corner cases, and corner cases are what developers often get wrong, often make software a security hazard, and are often what developers spend most of their time building infrastructure for so that we can get the corner cases right. One such corner case that causes me to run in fear of binary only kernel drivers are times when drivers accidentally write to variables used for something else. Which can cause failure somewhere else someplace a long time after it has happened. Like driving over a tack in the road and having your tire go flat 1000 miles later because of a slow leak. These are the kinds of problems you have to address if you want everyone to have a good experience with their hardware. These are precisely the kinds of problems that cannot be addressed with binary only drivers. We have a process that has worked for centuries to improve our knowledge base. The scientific method and peer review. We use a variation of this proven process for writing software in linux. The binary only vendors are being rude and refusing to participate. Do you understand why we have no sympathy for their efforts, no desire to make their lives easier. In general people doing binary only drivers are being rude. > The day you show me that the open-source driver is faster and more stable then > the binary driver, I'll switch. But until then I'll stay with my binary > driver. I haven't had any serious problems with it, in fact, I'm very happy, so > why should I want to switch? Oh. So you have had problems with it. The goal for system software is quality so high you can not find problems with it. That doesn't always happen but we try. The fact you have minor problems indicates there are problems in the driver, and which probably means that it is indeed crap. Anytime an end user has to be aware of drivers and not the problem at hand it is a problem. > I don't see Linux in such a political way like some of you do, for me Linux is > just like any other OS. There are good drivers and bad drivers. And I don't care > if they are open source or binary, I don't judge them based on that, but based > on how well they work and how good the support is. A very reasonable attitude. But a binary driver is an automatic negative on the support side. It fundamentally reduces the number and quality of the people who can support you. The developers are not being cooperative with other developers so the system as a whole cannot improve to support it better. Eric ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-18 14:34 ` Eric W. Biederman @ 2006-12-21 16:33 ` Scott Preece 2006-12-21 17:43 ` Erik Mouw ` (2 more replies) 0 siblings, 3 replies; 76+ messages in thread From: Scott Preece @ 2006-12-21 16:33 UTC (permalink / raw) To: Eric W. Biederman Cc: Tomas Carnecky, Alexey Dobriyan, James Porter, linux-kernel On 12/18/06, Eric W. Biederman <ebiederm@xmission.com> wrote: > > We have a process that has worked for centuries to improve our > knowledge base. The scientific method and peer review. We use a > variation of this proven process for writing software in linux. The > binary only vendors are being rude and refusing to participate. > > Do you understand why we have no sympathy for their efforts, no desire > to make their lives easier. > > In general people doing binary only drivers are being rude. --- Which is more rude: (a) "Thank you for requesting a driver to support our hardware on Linux. Unfortunately, we don't have time either to provide such a driver or write the documentation that would allow you do so. The Linux market is not big enough to justify the work, and as a result we cannot offer you any support.", or (b) "Thank you for requesting a driver to support our hardware on Linux. Unfortunately, we don't have time either to provide such a driver or write the documentation that would allow you do so. The Linux market is not big enough to justify the legal and technical expense involved. However, we can provide you with this binary driver that we believe will allow you to use the hardware in your system, just as we provide binary drivers for other hardware platforms." You say "It's rude to not play by our rules". They say "It's rude of you to expect us to change our business model to support your niche market differently from the way we support everyone else." Neither is wrong... scott scott ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 16:33 ` Scott Preece @ 2006-12-21 17:43 ` Erik Mouw 2006-12-21 19:10 ` Tomas Carnecky 2006-12-21 20:18 ` Eric W. Biederman 2006-12-21 20:50 ` David Schwartz 2 siblings, 1 reply; 76+ messages in thread From: Erik Mouw @ 2006-12-21 17:43 UTC (permalink / raw) To: Scott Preece Cc: Eric W. Biederman, Tomas Carnecky, Alexey Dobriyan, James Porter, linux-kernel On Thu, Dec 21, 2006 at 10:33:10AM -0600, Scott Preece wrote: > (b) "Thank you for requesting a driver to support our hardware on > Linux. Unfortunately, we don't have time either to provide such a > driver or write the documentation that would allow you do so. The > Linux market is not big enough to justify the legal and technical > expense involved. However, we can provide you with this binary driver > that we believe will allow you to use the hardware in your system, > just as we provide binary drivers for other hardware platforms." You forgot to add: "However, we thought the legal and technical expense involved in writing this binary driver and possibly violating the Linux kernel copyright was well spend." My 0.02 EUR. Erik -- +-- Erik Mouw -- www.harddisk-recovery.com -- +31 70 370 12 90 -- | Lab address: Delftechpark 26, 2628 XH, Delft, The Netherlands ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 17:43 ` Erik Mouw @ 2006-12-21 19:10 ` Tomas Carnecky [not found] ` <f0e2c5070612211120wa6e3402p2ffb6e1d579a485a@mail.gmail.com> 2006-12-21 20:32 ` Eric W. Biederman 0 siblings, 2 replies; 76+ messages in thread From: Tomas Carnecky @ 2006-12-21 19:10 UTC (permalink / raw) To: Erik Mouw Cc: Scott Preece, Eric W. Biederman, Alexey Dobriyan, James Porter, linux-kernel Erik Mouw wrote: > > "However, we thought the legal and technical expense involved in > writing this binary driver and possibly violating the Linux kernel > copyright was well spend." > So Microsoft is right, the legal status of Linux software _is_ unclear. You just gave them every reason to continue their campaign against Linux. <Don't use Linux, its legal status is unclear, you may get sued>. The problem is, nobody wants to decide what to do with closed source software in Linux. I don't care how you decide, for or against binary drivers (well, actually I do but my opinion doesn't matter), just decide already! tom ^ permalink raw reply [flat|nested] 76+ messages in thread
[parent not found: <f0e2c5070612211120wa6e3402p2ffb6e1d579a485a@mail.gmail.com>]
* Re: Binary Drivers [not found] ` <f0e2c5070612211120wa6e3402p2ffb6e1d579a485a@mail.gmail.com> @ 2006-12-21 19:42 ` Tomas Carnecky 2006-12-21 22:36 ` Dave Neuer 0 siblings, 1 reply; 76+ messages in thread From: Tomas Carnecky @ 2006-12-21 19:42 UTC (permalink / raw) To: James Porter Cc: Erik Mouw, Scott Preece, Eric W. Biederman, Alexey Dobriyan, linux-kernel James Porter wrote: > I'm pretty sure Linus has decided, basically he said the patches to > prevent non-gpl binary drivers are not going into his tree unless every > other tree adopts it. Of course the few supporting won't get off their > high horse and try it on a different tree. .. unfortunately, that doesn't make the legal status any clearer. tom ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 19:42 ` Tomas Carnecky @ 2006-12-21 22:36 ` Dave Neuer 0 siblings, 0 replies; 76+ messages in thread From: Dave Neuer @ 2006-12-21 22:36 UTC (permalink / raw) To: Tomas Carnecky Cc: James Porter, Erik Mouw, Scott Preece, Eric W. Biederman, Alexey Dobriyan, linux-kernel On 12/21/06, Tomas Carnecky <tom@dbservice.com> wrote: > James Porter wrote: > > I'm pretty sure Linus has decided, basically he said the patches to > > prevent non-gpl binary drivers are not going into his tree unless every > > other tree adopts it. Of course the few supporting won't get off their > > high horse and try it on a different tree. > > .. unfortunately, that doesn't make the legal status any clearer. Well, FWIW, neither does some "decision" from the kernel authors; it hinges on what is and what is not a derived work of the kernel, and the only parties whose opinion matters here (the courts in the various jurisdictions) haven't ruled on that yet, and won't until such time as a copyright holder in the kernel sues someone for copyright infringement. Dave ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 19:10 ` Tomas Carnecky [not found] ` <f0e2c5070612211120wa6e3402p2ffb6e1d579a485a@mail.gmail.com> @ 2006-12-21 20:32 ` Eric W. Biederman 1 sibling, 0 replies; 76+ messages in thread From: Eric W. Biederman @ 2006-12-21 20:32 UTC (permalink / raw) To: Tomas Carnecky Cc: Erik Mouw, Scott Preece, Alexey Dobriyan, James Porter, linux-kernel Tomas Carnecky <tom@dbservice.com> writes: > The problem is, nobody wants to decide what to do with closed source software in > Linux. I don't care how you decide, for or against binary drivers (well, > actually I do but my opinion doesn't matter), just decide already! The decision from Linus was simple. Linus will not merge a patch that attempts to prevent this from at a technical level. No one has made any exceptions to the GPL to say that GPL incompatible drivers are allowed. Therefore on a legal level kernel drivers with GPL incompatible drivers are as illegal as the derivative works clause in copyright law will allow us to make them. If you want something firmer you can go talk to your appropriate government about taking the fuzz out of what is a derivative work. As a practical matter people not releasing source aren't playing well with us so we are not likely to play well with them. Eric ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 16:33 ` Scott Preece 2006-12-21 17:43 ` Erik Mouw @ 2006-12-21 20:18 ` Eric W. Biederman 2006-12-21 22:02 ` Scott Preece 2006-12-21 20:50 ` David Schwartz 2 siblings, 1 reply; 76+ messages in thread From: Eric W. Biederman @ 2006-12-21 20:18 UTC (permalink / raw) To: Scott Preece; +Cc: Tomas Carnecky, Alexey Dobriyan, James Porter, linux-kernel "Scott Preece" <sepreece@gmail.com> writes: > Which is more rude: > (a) "Thank you for requesting a driver to support our hardware on > Linux. Unfortunately, we don't have time either to provide such a > driver or write the documentation that would allow you do so. The > Linux market is not big enough to justify the work, and as a result we > cannot offer you any support.", or > > (b) "Thank you for requesting a driver to support our hardware on > Linux. Unfortunately, we don't have time either to provide such a > driver or write the documentation that would allow you do so. The > Linux market is not big enough to justify the legal and technical > expense involved. However, we can provide you with this binary driver > that we believe will allow you to use the hardware in your system, > just as we provide binary drivers for other hardware platforms." But as it happens that driver does not work for a large segment percentage of linux users who potentially could place the card in their system. Did that driver support all 23 architectures? > You say "It's rude to not play by our rules". They say "It's rude of > you to expect us to change our business model to support your niche > market differently from the way we support everyone else." Neither is > wrong... Every market is different, and you have to different things in different markets. It is close to incompetent not to acknowledge the fact that rules are different in different markets and different places. That is one of the reasons why people try to harmonize laws so there is not too much of this going on. Usually it is also the case that binary vs source release does nothing to a hardware manufacturers business model they sell hardware after all, and usually having a helping hand in writing the necessary software and making it work (the source release) is a plus for the hardware manufacturer. The difference is that we don't expect the hardware manufactures to do anything we only hope they will support linux. Once they support linux we do expect they will play well with others and if they don't then it is rude. Please none of this amoral Neither is wrong crap. Eric ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 20:18 ` Eric W. Biederman @ 2006-12-21 22:02 ` Scott Preece 0 siblings, 0 replies; 76+ messages in thread From: Scott Preece @ 2006-12-21 22:02 UTC (permalink / raw) To: Eric W. Biederman Cc: Tomas Carnecky, Alexey Dobriyan, James Porter, linux-kernel On 12/21/06, Eric W. Biederman <ebiederm@xmission.com> wrote: > "Scott Preece" <sepreece@gmail.com> writes: > > But as it happens that driver does not work for a large segment > percentage of linux users who potentially could place the card in > their system. Did that driver support all 23 architectures? --- Do they claim it does? There is NO moral obligation that they support every piece of hardware in the world. They are offering a product under certain terms. You can choose to buy it or not. If you have standing, and believe that their driver infringes the Linux copyrights, then you could also sue, but the most you could hope to win is making the driver unavailable, which makes the hardware unavailable. That still feels like a Pyrrhic victory to me. --- > The difference is that we don't expect the hardware manufactures to do > anything we only hope they will support linux. Once they support > linux we do expect they will play well with others and if they don't > then it is rude. --- Not everyone agrees that it is better to not have the device available for Linux at all than to have it with a closed driver. Again, note that the manufacturer services all other OS platforms with closed drivers, so you're asking them to do something different, that probably costs them something in startup cost, and potentially costs them something in downstream support. --- > > Please none of this amoral Neither is wrong crap. --- It's not a moral question. The hardware vendor says - "This is what we make. You can buy it if you like and we will support it to the extent defined in our support policy. If those terms don't work for you, or it doesn't work with your hardware, then we're sorry; we can't help you at this time." scott ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: Binary Drivers 2006-12-21 16:33 ` Scott Preece 2006-12-21 17:43 ` Erik Mouw 2006-12-21 20:18 ` Eric W. Biederman @ 2006-12-21 20:50 ` David Schwartz 2006-12-21 20:58 ` David Lang ` (4 more replies) 2 siblings, 5 replies; 76+ messages in thread From: David Schwartz @ 2006-12-21 20:50 UTC (permalink / raw) To: Linux-Kernel@Vger. Kernel. Org > You say "It's rude to not play by our rules". They say "It's rude of > you to expect us to change our business model to support your niche > market differently from the way we support everyone else." Neither is > wrong... Honestly, I think it *is* wrong to sell someone a physical product and then not tell them how to make it work. If you're not actually selling them the physical product but selling them a way to get a particular thing done, then don't represent that you're selling them physical product because that would presumably include the right to use it any way they wanted provided it was lawful. How would you feel if you bought a car and then discovered that the manufacturer had welded the hood shut? How many people still do their own oil changes anyway? If you sell a physical product, you should also include the information necessary to make that physical product *work*. If you don't, you aren't actually selling the physical product, that is, the person is buying a right to use that physical product some particular way and not the product itself. The law may come around on this issue. It has definitely done so on companies that claim to be selling you cellphones but then later claim that you need to pay them additional money if you want the access code to unlock it and make it work with another carrier. If you own a physical phone, it should come with the right to use it with any carrier it can be made to work with, and a company with no ownership interest in the phone has no right to withhold the information needed to make it do that so as to force you to use their service. The same applies when you buy a graphics card and don't want to use it with the manufacturer's drivers. If it's *your* graphics card, the manufacturer has no legitimate interest in forcing you to use their drivers by withholding information about what *you* bought. DS ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: Binary Drivers 2006-12-21 20:50 ` David Schwartz @ 2006-12-21 20:58 ` David Lang 2006-12-21 21:20 ` Valdis.Kletnieks ` (3 subsequent siblings) 4 siblings, 0 replies; 76+ messages in thread From: David Lang @ 2006-12-21 20:58 UTC (permalink / raw) To: David Schwartz; +Cc: Linux-Kernel@Vger. Kernel. Org On Thu, 21 Dec 2006, David Schwartz wrote: >> You say "It's rude to not play by our rules". They say "It's rude of >> you to expect us to change our business model to support your niche >> market differently from the way we support everyone else." Neither is >> wrong... > > Honestly, I think it *is* wrong to sell someone a physical product and then > not tell them how to make it work. If you're not actually selling them the > physical product but selling them a way to get a particular thing done, then > don't represent that you're selling them physical product because that would > presumably include the right to use it any way they wanted provided it was > lawful. > > How would you feel if you bought a car and then discovered that the > manufacturer had welded the hood shut? How many people still do their own > oil changes anyway? there are cars out there where the owner cannot change or add transmission fluid (I had a rental car spring a leak and found this out the hard way) some people like this, some don't. vote with your money David Lang ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 20:50 ` David Schwartz 2006-12-21 20:58 ` David Lang @ 2006-12-21 21:20 ` Valdis.Kletnieks 2006-12-21 22:12 ` Scott Preece ` (2 subsequent siblings) 4 siblings, 0 replies; 76+ messages in thread From: Valdis.Kletnieks @ 2006-12-21 21:20 UTC (permalink / raw) To: davids; +Cc: Linux-Kernel@Vger. Kernel. Org [-- Attachment #1: Type: text/plain, Size: 396 bytes --] On Thu, 21 Dec 2006 12:50:00 PST, David Schwartz said: > How would you feel if you bought a car and then discovered that the > manufacturer had welded the hood shut? How many people still do their own > oil changes anyway? I know of at least one use case where a car *has* to have the doors welded shut - stock car racing. And there's requirements regarding how the hood is fastened as well... [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 20:50 ` David Schwartz 2006-12-21 20:58 ` David Lang 2006-12-21 21:20 ` Valdis.Kletnieks @ 2006-12-21 22:12 ` Scott Preece 2006-12-21 23:20 ` Martin Mares 2006-12-22 0:38 ` Valdis.Kletnieks 2006-12-22 9:47 ` Wolfgang Draxinger 2006-12-23 1:04 ` Horst H. von Brand 4 siblings, 2 replies; 76+ messages in thread From: Scott Preece @ 2006-12-21 22:12 UTC (permalink / raw) To: davids; +Cc: Linux-Kernel@Vger. Kernel. Org On 12/21/06, David Schwartz <davids@webmaster.com> wrote: > > > You say "It's rude to not play by our rules". They say "It's rude of > > you to expect us to change our business model to support your niche > > market differently from the way we support everyone else." Neither is > > wrong... > > Honestly, I think it *is* wrong to sell someone a physical product and then > not tell them how to make it work. If you're not actually selling them the > physical product but selling them a way to get a particular thing done, then > don't represent that you're selling them physical product because that would > presumably include the right to use it any way they wanted provided it was > lawful. > > How would you feel if you bought a car and then discovered that the > manufacturer had welded the hood shut? How many people still do their own > oil changes anyway? --- But there is no legal or moral obligation for the carmake to sell you the service manual for the vehicle or provide you with their periodic service bulletins... --- > > If you sell a physical product, you should also include the information > necessary to make that physical product *work*. If you don't, you aren't > actually selling the physical product, that is, the person is buying a right > to use that physical product some particular way and not the product itself. --- The information needed to make it work does not necessarily include any information about how it works. A closed driver is a perfectly valid part of the product. Try this thought experiment: suppose the "driver" were actually implemented by firmware loaded into the device in the factory and not field replaceable. Do you consider that to be immoral? Why should the technological accident of the driver being plugged into the OS change the appropriateness? --- > > The law may come around on this issue. It has definitely done so on > companies that claim to be selling you cellphones but then later claim that > you need to pay them additional money if you want the access code to unlock > it and make it work with another carrier. If you own a physical phone, it > should come with the right to use it with any carrier it can be made to work > with, and a company with no ownership interest in the phone has no right to > withhold the information needed to make it do that so as to force you to use > their service. --- No such change has occurred. There was a very limited legal change to say that it did not violate copyright to attempt to circumvent the protection of the lock. There is no legal requirement that the carrier unlock the device (at least in the US). [I personally believe that they should be required to, but I'm only responding to your assertion that there has been a major change on this point.] --- > The same applies when you buy a graphics card and don't want to use it with > the manufacturer's drivers. If it's *your* graphics card, the manufacturer > has no legitimate interest in forcing you to use their drivers by > withholding information about what *you* bought. --- I disagree. The manufacturer has a right to choose to sell its devices under any legal business model. Part of that model is deciding what level of support to provide and what systems to support in selling it. It's not a question of whether they "have a legitimate interest in " doing anything - they have the complete right to choose where to spend their development dollars. Choosing not to write technical manuals for the public is a completely valid choice. It's your option whether to buy or not, knowing the manufacturer's choice. scott ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 22:12 ` Scott Preece @ 2006-12-21 23:20 ` Martin Mares 2006-12-22 0:38 ` Valdis.Kletnieks 1 sibling, 0 replies; 76+ messages in thread From: Martin Mares @ 2006-12-21 23:20 UTC (permalink / raw) To: Scott Preece; +Cc: davids, Linux-Kernel@Vger. Kernel. Org Hello! > I disagree. The manufacturer has a right to choose to sell its devices > under any legal business model. Part of that model is deciding what > level of support to provide and what systems to support in selling it. At the very least, if they decide that they wish to provide a binary-only driver for i386, then their claims that they support Linux (without telling that they in fact support a single specific variant of Linux) are (a) blatant lie, and (b) false advertising. Have a nice fortnight -- Martin `MJ' Mares <mj@ucw.cz> http://mj.ucw.cz/ Faculty of Math and Physics, Charles University, Prague, Czech Rep., Earth COBOL -- Compiles Only Because Of Luck ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 22:12 ` Scott Preece 2006-12-21 23:20 ` Martin Mares @ 2006-12-22 0:38 ` Valdis.Kletnieks 1 sibling, 0 replies; 76+ messages in thread From: Valdis.Kletnieks @ 2006-12-22 0:38 UTC (permalink / raw) To: Scott Preece; +Cc: davids, Linux-Kernel@Vger. Kernel. Org [-- Attachment #1: Type: text/plain, Size: 934 bytes --] On Thu, 21 Dec 2006 16:12:57 CST, Scott Preece said: > On 12/21/06, David Schwartz <davids@webmaster.com> wrote: > > How would you feel if you bought a car and then discovered that the > > manufacturer had welded the hood shut? How many people still do their own > > oil changes anyway? > --- > > But there is no legal or moral obligation for the carmake to sell you > the service manual for the vehicle or provide you with their periodic > service bulletins... As a matter of fact, at least in the US, the carmakers *do* have to supply relevant information for emissions-control systems to alll repair shops: 42 U.S.C. § 7521(m)(5) http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00007521----000-.html Efforts to vastly expand that have been surfacing every Congressional session for the last few years. The most recent incarnation: http://www.govtrack.us/congress/bill.xpd?bill=h109-2048 [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 20:50 ` David Schwartz ` (2 preceding siblings ...) 2006-12-21 22:12 ` Scott Preece @ 2006-12-22 9:47 ` Wolfgang Draxinger 2006-12-23 1:04 ` Horst H. von Brand 4 siblings, 0 replies; 76+ messages in thread From: Wolfgang Draxinger @ 2006-12-22 9:47 UTC (permalink / raw) To: Linux-Kernel@Vger. Kernel. Org [-- Attachment #1: Type: text/plain, Size: 5652 bytes --] Am Donnerstag, 21. Dezember 2006 21:50 schrieb David Schwartz: > Honestly, I think it *is* wrong to sell someone a physical product > and then not tell them how to make it work. If you're not actually > selling them the physical product but selling them a way to get a > particular thing done, then don't represent that you're selling > them physical product because that would presumably include the > right to use it any way they wanted provided it was lawful. My opinion, too. I wasted months to get specifications for a particular HW once and I've heared them all: * "We can't publish documentation due to 3rd party patents" (Unh, I thought, that patents are there, _that_ you can safely publish). * "It would be expensive for us to publish documentation" (Wouldn't that save the in house development of drivers, the kernel developers would that for you _and_ maintain it). * "We've lost the documentation" (Aaahaaa, lame excuse) And sometimes they are honest: "We don't want to publish". If it is rare, special hardware, like measurement interfaces I found out, that you can put a lot of pressure on them, if you return them their hardware, and claim your money back telling them the reason, why their product is inapropriate. If they don't accept that, sue them for fraud (you expected a working product, but it doesn't work with your system). But most of the time they fear to loose one of their precious customers and get quite talkative. But in the consumer market a margin of +/-0.5M users doesn't put force on vendors selling ~10M units, so not buying is not an option. Personally I've given up to tell HW manufators directly. Instead I tell people what to buy and what not and to send protest letters the hardware vendors - hey for something that registration cards coming with the product must be good for. On the long term I think, that the only way to force hardware vendors to publish all documentation is by going the legislative way, i.e. getting politically active, with the goal being a law, that anyone, selling a product _must_ provide detailed documentation for free, that enable one to understand use and maintain the product and it's individual components without requiring additional restricted information from the manufactor. Anything else creates a maintenance and support monopoly for the manufactor, which distorts the free market. IMHO hardware documentation disclosure is of uttermost importance, since if the manufactor goes out of buisnes you mostly have some bad luck. 2 years ago I bought on eBay a small DECT PCI adapter with the intention to connect it with Asterisk someday - knowing that there are no Linux drivers and that the manufactor got bankrupt and was bought by a competitor. I didn't even got replies to my documentation requests addressed at the new owner of the IP. Quite disappointing. At least the driver CD contains also VxD drivers, which are quite easy to reverse engineer, but I haven't yet found the time to do so. BTW: Does anybody know a not too expensive way to have some silicon created from a VHDL? Eventually it would be easier to design our own hardware, than being dependent on some manufactor. But there are plenty of quite trivial patents, like this one, making you "aaarghh": <http://tinyurl.com/yl4d2n> But I think, that Linux can also add some force on the manufactors if we want a little bit: Already Linux is a vital component in many operations. For example Hollywood: There are virtually none rendering farms running not under Linux, there, a few MacOS X, a few Solaris and a few Irix. The same goes for the workstations. Now give Linux another 2 years to diffuse into widespread market. I'm quite sure, that within the next year a lot of users will look for alternative OS, when their Windows Vista refuses to reactivate, once they changed their hardware for the 2nd time. WinXP support is said to be cancelled a lot earlier. People still have their hardware then, not wanting to invest into a Mac, just to get a good OS. Instead they will remeber that free Knoppix/Kanotix/Ubuntu LiveCD, wich came with their computing magazine and that they tried out, found it nice but didn't migrate fearing the effort. But the isntalled OS refuses to work, demanding reactivation and that LiveCD is a comfortable way to continue work. Then they install it, and at some point HW manufactors _must_ provide Linux drivers. It doesn't matter if they are OSS yet. Just let them deliver and gain Linux a not neglectible consumer market share. Then forbid CSS drivers in the kernel, not aprupt, but with enough migration time. Hardware manufactors will have to disclose information, if they don't want to loose customers. But since the migration is done smoothly customers will experience their systems failing - due to the older CSS only drivers. But HW vendors are forced to open the spec for new products, to that the drivers are not illegal and may be delivered with the product/integrated into the kernel. Without working drivers the product is worthless and people using Linux won't buy a product not supported. It's a pervasive long time plan, but it might work - if Microsoft plays along and keeps it's user gaging restrictions. This is purely politics, I know, but unfortunately this is probably the only way to get it done. Marketeers and attornerys are technical illiterates numb to technical argumentation. I don't like it, but it seems, that we've to adopt some of their methods... Wolfgang Draxinger [-- Attachment #2: Type: application/pgp-signature, Size: 189 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-21 20:50 ` David Schwartz ` (3 preceding siblings ...) 2006-12-22 9:47 ` Wolfgang Draxinger @ 2006-12-23 1:04 ` Horst H. von Brand 4 siblings, 0 replies; 76+ messages in thread From: Horst H. von Brand @ 2006-12-23 1:04 UTC (permalink / raw) To: davids; +Cc: Linux-Kernel@Vger. Kernel. Org David Schwartz <davids@webmaster.com> wrote: [...] > Honestly, I think it *is* wrong to sell someone a physical product and then > not tell them how to make it work. Right. And the driver *is* the "information to make it work", in a convenient package. [...] > How would you feel if you bought a car and then discovered that the > manufacturer had welded the hood shut? How many people still do their own > oil changes anyway? If people don't do this, what sense does it make to tell them how to do it anyway? -- Dr. Horst H. von Brand User #22616 counter.li.org Departamento de Informatica Fono: +56 32 2654431 Universidad Tecnica Federico Santa Maria +56 32 2654239 Casilla 110-V, Valparaiso, Chile Fax: +56 32 2797513 ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 22:01 ` Alexey Dobriyan 2006-12-16 1:57 ` Tomas Carnecky @ 2006-12-16 3:56 ` jdow 2006-12-16 4:59 ` Dave Airlie 2006-12-16 8:12 ` Horses and donkeys [Re: Binary Drivers] Pavel Machek 2006-12-17 11:44 ` Binary Drivers Geert Uytterhoeven 2 siblings, 2 replies; 76+ messages in thread From: jdow @ 2006-12-16 3:56 UTC (permalink / raw) To: Alexey Dobriyan, James Porter; +Cc: linux-kernel From: "Alexey Dobriyan" <adobriyan@gmail.com> > On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: >> I think some kernel developers take to much responsibility, is there a >> bug in a >> binary driver? Send it upstream and explain to the user that it's a >> closed >> source driver and is up to said company to fix it. >> >> For what it's worth, I don't see any problem with binary drivers from >> hardware >> manufacturers. > > Binary drivers from hardware manufacturers are crap. Learn it by heart. So are the Linux drivers in some cases. My ATI Radeon Mobility video in my laptop is an example. If you are going to mount a sanctimonious high horse it is a wise idea to mount a horse instead of a donkey. {^_^} ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-16 3:56 ` jdow @ 2006-12-16 4:59 ` Dave Airlie 2006-12-16 8:12 ` Horses and donkeys [Re: Binary Drivers] Pavel Machek 1 sibling, 0 replies; 76+ messages in thread From: Dave Airlie @ 2006-12-16 4:59 UTC (permalink / raw) To: jdow; +Cc: Alexey Dobriyan, James Porter, linux-kernel On 12/16/06, jdow <jdow@earthlink.net> wrote: > From: "Alexey Dobriyan" <adobriyan@gmail.com> > > > On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: > >> I think some kernel developers take to much responsibility, is there a > >> bug in a > >> binary driver? Send it upstream and explain to the user that it's a > >> closed > >> source driver and is up to said company to fix it. > >> > >> For what it's worth, I don't see any problem with binary drivers from > >> hardware > >> manufacturers. > > > > Binary drivers from hardware manufacturers are crap. Learn it by heart. > > So are the Linux drivers in some cases. My ATI Radeon Mobility video > in my laptop is an example. > Open drivers aren't magic.. if the vendor doesn't give us the information how specific chips are screwed, there isn't anything we can do about it, ATI don't support the open drivers for anything but RN50s from Dell and their support is quite brutal even on those (every patch is a dirty hack...), the thing is with the open drivers we can say hey ATI that is a dirty hack, with the closed ones they just stick it in and ship it.. Dave. ^ permalink raw reply [flat|nested] 76+ messages in thread
* Horses and donkeys [Re: Binary Drivers] 2006-12-16 3:56 ` jdow 2006-12-16 4:59 ` Dave Airlie @ 2006-12-16 8:12 ` Pavel Machek 2006-12-16 18:05 ` Jan Engelhardt 1 sibling, 1 reply; 76+ messages in thread From: Pavel Machek @ 2006-12-16 8:12 UTC (permalink / raw) To: jdow; +Cc: Alexey Dobriyan, James Porter, linux-kernel Hi! > >Binary drivers from hardware manufacturers are crap. > >Learn it by heart. > > So are the Linux drivers in some cases. My ATI Radeon > Mobility video > in my laptop is an example. > > If you are going to mount a sanctimonious high horse it > is a wise idea > to mount a horse instead of a donkey. High horses are common and easy to ride. But a donkey... :-). [Searching for donkey to ride somewhere near Prague. Also searching for donkey stallion, preferably tall one -- have high horse and want some donkey-horse foals.] Pavel -- Thanks for all the (sleeping) penguins. ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Horses and donkeys [Re: Binary Drivers] 2006-12-16 8:12 ` Horses and donkeys [Re: Binary Drivers] Pavel Machek @ 2006-12-16 18:05 ` Jan Engelhardt 0 siblings, 0 replies; 76+ messages in thread From: Jan Engelhardt @ 2006-12-16 18:05 UTC (permalink / raw) To: Pavel Machek; +Cc: jdow, Alexey Dobriyan, James Porter, linux-kernel On Dec 16 2006 08:12, Pavel Machek wrote: >> >> If you are going to mount a sanctimonious high horse it >> is a wise idea >> to mount a horse instead of a donkey. > >High horses are common and easy to ride. But a donkey... :-). The next thing that happens is that nvidia and ati undermine us a Trojan Rabbit. -`J' -- ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 22:01 ` Alexey Dobriyan 2006-12-16 1:57 ` Tomas Carnecky 2006-12-16 3:56 ` jdow @ 2006-12-17 11:44 ` Geert Uytterhoeven 2 siblings, 0 replies; 76+ messages in thread From: Geert Uytterhoeven @ 2006-12-17 11:44 UTC (permalink / raw) To: James Porter; +Cc: Alexey Dobriyan, Linux Kernel Development On Sat, 16 Dec 2006, Alexey Dobriyan wrote: > On Fri, Dec 15, 2006 at 09:20:58PM +0000, James Porter wrote: > > but I understand the concepts and > > I should have the right to do what I want with this GPL code. > > You don't have a right to do what you want with GNU GPL'ed code. > Read the fucking license, already. Actually, the license doesn't restrict your rights. Copryight law restricts your rights. The license grants you additional rights not granted by copyright law. Gr{oetje,eeting}s, Geert -- Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- geert@linux-m68k.org In personal conversations with technical people, I call myself a hacker. But when I'm talking to journalists I just say "programmer" or something like that. -- Linus Torvalds ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 21:20 Binary Drivers James Porter 2006-12-15 21:59 ` Alan 2006-12-15 22:01 ` Alexey Dobriyan @ 2006-12-16 8:08 ` Pavel Machek 2006-12-16 9:07 ` Marek Wawrzyczny 2006-12-18 9:51 ` Binary Drivers Bernd Petrovitsch 4 siblings, 0 replies; 76+ messages in thread From: Pavel Machek @ 2006-12-16 8:08 UTC (permalink / raw) To: James Porter; +Cc: linux-kernel Hi! > I think some kernel developers take to much responsibility, is there a bug in a > binary driver? Send it upstream and explain to the user that it's a closed > source driver and is up to said company to fix it. ANd deal with users screaming at you 'I'm sure nvidia is not a problem because it dies when I use suspend, but is rock solid otherwise'? > Just because nvidia makes a closed source driver doesn't mean that we can't also > create an open source driver(limited functionality, reverse engineered, > etc.,etc.). I firmly believe that the choice should be up to the user and/or > distro. I'm not a kernel dev, I don't know c...but I understand the concepts and So you can't write code... > work(patents?, gotta love those). Personally I think nvidia has excellent > support for linux, I have actually convinced people to use linux(desktop and > server) just by showing them beryl with the nvidia beta drivers. ...still you convince people to use code noone is going to fix? Sweet! Pavel -- Thanks for all the (sleeping) penguins. ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 21:20 Binary Drivers James Porter ` (2 preceding siblings ...) 2006-12-16 8:08 ` Pavel Machek @ 2006-12-16 9:07 ` Marek Wawrzyczny 2006-12-17 12:17 ` Denis Vlasenko 2006-12-18 21:34 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Hannu Savolainen 2006-12-18 9:51 ` Binary Drivers Bernd Petrovitsch 4 siblings, 2 replies; 76+ messages in thread From: Marek Wawrzyczny @ 2006-12-16 9:07 UTC (permalink / raw) To: linux-kernel Dear Linux Kernel ML, I am writing as a Linux-only user of over 2 years to express my concern with the recent proposal to block out closed source modules from the kernel. While, I understand and share your sentiments over open source software and drivers. I fear however, that trying to steamroll the industry into developing open source drivers by banning closed source drivers is going to have a completely different result. They will simply abandon Linux support for some of their products altogether. Take the high-end graphic cards that are prevalent in most of today's home/SOHO hardware- desktops and laptops. Would I be wrong in saying that the Linux market share in this market is no more than 5%? These companies have already demonstrated that the support they provide is proportional to the market share. The open source driver development is promising but it has been mentioned several times that the project is undermanned and the vendors are not forthcoming with the necessary information. My hardware as it stands today is still not working with the open-source drivers. Perhaps this is the case of PEBCAK and not the open-source drivers per se but with a 1-4 hour turnaround to test a new version of the r300 driver it is not a small effort on my part. Still, I'm eagerly awaiting the day that I'll be able to use an open-source driver that is on par with the ati one. The bottom line is that the proposed 1st Jan 2008 dead line is unlikely to make any corporations tremble. It is likely to be the day when I will be no longer able to run the latest version of the kernel. Finally, I'd like to thank you for reading my email and on your work on the fantastic work and community that Linux is. I hope you will take this user and others like me under consideration when making the final decision on whether or not to include the proposed patch and whether to undertake work on code that will prevent binary drivers from loading. Warmest regards, Marek Wawrzyczny ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-16 9:07 ` Marek Wawrzyczny @ 2006-12-17 12:17 ` Denis Vlasenko 2006-12-18 21:34 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Hannu Savolainen 1 sibling, 0 replies; 76+ messages in thread From: Denis Vlasenko @ 2006-12-17 12:17 UTC (permalink / raw) To: Marek Wawrzyczny; +Cc: linux-kernel On Saturday 16 December 2006 10:07, Marek Wawrzyczny wrote: > The open source driver development is promising but it has been mentioned > several times that the project is undermanned and the vendors are not > forthcoming with the necessary information. > My hardware as it stands today is still not working with the open-source > drivers. Perhaps this is the case of PEBCAK and not the open-source drivers > per se but with a 1-4 hour turnaround to test a new version of the r300 > driver it is not a small effort on my part. Still, I'm eagerly awaiting the > day that I'll be able to use an open-source driver that is on par with the > ati one. I buy the hardware. I actually want to get enough information about it so that I can write a driver for it for my homegrown OS. In the "old days" hardware was accompanied with such info. For example, printers had control ESC sequences listed, etc. These days, printers come with elaborate idiot-proof manuals "how to properly connect your printer to the AC outlet" and "how to properly insert Windows driver CD". Ever met those Windows-only "GDI" printers which do not speak any known open standard (they eat proprietary bitmap input instead)? Why vendor has a right to restrict me to a few existing OSes? I think that something is wrong here. Are there countries where such practuce (of not providing tech info for writing drivers) is illegal? -- vda ^ permalink raw reply [flat|nested] 76+ messages in thread
* Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-16 9:07 ` Marek Wawrzyczny 2006-12-17 12:17 ` Denis Vlasenko @ 2006-12-18 21:34 ` Hannu Savolainen 2006-12-19 0:10 ` Jesper Juhl 2006-12-20 22:06 ` Giuseppe Bilotta 1 sibling, 2 replies; 76+ messages in thread From: Hannu Savolainen @ 2006-12-18 21:34 UTC (permalink / raw) To: Marek Wawrzyczny, linux-kernel, torvalds Marek Wawrzyczny wrote: > Dear Linux Kernel ML, > > I am writing as a Linux-only user of over 2 years to express my concern with > the recent proposal to block out closed source modules from the kernel. > > While, I understand and share your sentiments over open source software and > drivers. I fear however, that trying to steamroll the industry into > developing open source drivers by banning closed source drivers is going to > have a completely different result. They will simply abandon Linux support > for some of their products altogether. > As a developer of some "closed source" drivers I can confirm that this is exactly the case. I would never consider open sourcing my work just because somebody is pointing pistol to my neck. I would leave the whole IT business and start doing something else rather than accept this kind of mafia-like negotiation methods. For a professional developer of any software the decision of open sourcing it is not easy. "Just for fun" developers have no problems because they don't expect to be able to live on their work anyway. However a professional developer can release software under GPL only if it's considered invaluable or if there is some way to guarantee sufficient income. Releasing something under GPL without a guaranteed backup plan is like jumping from an airplane without parasuit. If somebody forces me to jump form an airplane without a parasuit then what would this be called? > The bottom line is that the proposed 1st Jan 2008 dead line is unlikely to > make any corporations tremble. It is likely to be the day when I will be no > longer able to run the latest version of the kernel. To us this decision would mean that after Jan 1 2008 we will be out of business (at least in the Linux market). Due to the nature of our product (kernel level sound API) there is no alternative way to get USB working. We could try to develop an alternative API that is user land based but this is not going to work. We could also develop an artifical user land driver that would require application->kernel->deamon->kernel type looping which kills performance and causes massive latencies but it doesn't make any sense. Our alternatives are to leave the Linux market or to release our code under GPL. GPLing means that we will have to give to the major Linux companies full rights to do whatever they like with our code. They will have complete freedom to adapt our product for their purposes and to sell it for profit. There is no law that would require them to pay anything to us. There is also no way we could compete with them because the current device/module model makes it completely impossible to ship precompiled binary modules for all possible kernel distributions/versions. At this moment only the companies controlling the Linux distributions can sell binary drivers. Developers contributing their software to Linux kernel have full right to decide if other kernel code using their work is derived or not. However is it not fair that developers of some key subsystem like USB use this right? There is no alternative USB subsystem that the others could use. Of course we could take the earlier USB subsystem before the EXPORT_SYMBOL_GPL change and ship it together with our software. However is this going to work or is it benefit of anybody? No. Using EXPORT_SYMBOL_GPL is fair to protect code such as checksum or encryption/decryption algorithms is fair. Developers of independent kernel modules can use their own code. But the USB subsystem is different case because there is no alternative. Isn't it somehow suspicious if this kind of decisions are made by employees of companies that develop a product which directly competes with ours. Maybe this is the way how the free Linux community works. I would suggest the Linux kernel developer community should write down some rules the developers should agree _before_ they contribute anything to the kernel. It's not good to anybody that different developers can set different rules for the usage of their code. In particular it's not good that anybody can put additional restrictions to subsystems/interfaces that have been freely usable for years. The rest of the IT industry can then examine the rules and decide if there is any idea in investing on Linux based products. Best regards, Hannu ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-18 21:34 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Hannu Savolainen @ 2006-12-19 0:10 ` Jesper Juhl 2006-12-20 22:06 ` Giuseppe Bilotta 1 sibling, 0 replies; 76+ messages in thread From: Jesper Juhl @ 2006-12-19 0:10 UTC (permalink / raw) To: Hannu Savolainen; +Cc: Marek Wawrzyczny, linux-kernel, torvalds, greg On 18/12/06, Hannu Savolainen <hannu@opensound.com> wrote: > Marek Wawrzyczny wrote: > > Dear Linux Kernel ML, > > > > I am writing as a Linux-only user of over 2 years to express my concern with > > the recent proposal to block out closed source modules from the kernel. > > > > While, I understand and share your sentiments over open source software and > > drivers. I fear however, that trying to steamroll the industry into > > developing open source drivers by banning closed source drivers is going to > > have a completely different result. They will simply abandon Linux support > > for some of their products altogether. > > > As a developer of some "closed source" drivers I can confirm that this > is exactly the case. I would never consider open sourcing my work just > because somebody is pointing pistol to my neck. I would leave the whole > IT business and start doing something else rather than accept this kind > of mafia-like negotiation methods. > Why is this dead horse still kicking? Linus already spoke on this issue ( http://lkml.org/lkml/2006/12/13/370 , http://lkml.org/lkml/2006/12/14/218 ) and Greg KH already withdrew his patch ( http://lkml.org/lkml/2006/12/14/63 ), so could we please just let this dead horse rest in peace? -- Jesper Juhl <jesper.juhl@gmail.com> Don't top-post http://www.catb.org/~esr/jargon/html/T/top-post.html Plain text mails only, please http://www.expita.com/nomime.html ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-18 21:34 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Hannu Savolainen 2006-12-19 0:10 ` Jesper Juhl @ 2006-12-20 22:06 ` Giuseppe Bilotta 2006-12-21 0:38 ` Casey Schaufler 2006-12-21 18:16 ` Valdis.Kletnieks 1 sibling, 2 replies; 76+ messages in thread From: Giuseppe Bilotta @ 2006-12-20 22:06 UTC (permalink / raw) To: linux-kernel On Mon, 18 Dec 2006 23:34:53 +0200, Hannu Savolainen wrote: > For a professional developer of any software the decision of open > sourcing it is not easy. "Just for fun" developers have no problems > because they don't expect to be able to live on their work anyway. > However a professional developer can release software under GPL only if > it's considered invaluable or if there is some way to guarantee > sufficient income. Releasing something under GPL without a guaranteed > backup plan is like jumping from an airplane without parasuit. Except that we're talking about *hardware* companies here, not *software* companies. *Hardware* companies make money by selling *hardware*, not the software that drives it: in fact, they always distribute the 'software' they write (the drivers) for free (gratis). So while what you say is perfectly sensible for *software* developers, it has absolutely nothing to do with the closed source drivers *hardware* companies distribute. This all being said, I think that the only thing that can shake companies such as nVidia and ATI is a project such as the Open Graphics Card http://wiki.duskglow.com/tiki-index.php?page=Open-Graphics to succeed. -- Giuseppe "Oblomov" Bilotta Hic manebimus optime ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-20 22:06 ` Giuseppe Bilotta @ 2006-12-21 0:38 ` Casey Schaufler 2006-12-21 10:17 ` Bernd Petrovitsch 2006-12-21 18:16 ` Valdis.Kletnieks 1 sibling, 1 reply; 76+ messages in thread From: Casey Schaufler @ 2006-12-21 0:38 UTC (permalink / raw) To: Giuseppe Bilotta, linux-kernel --- Giuseppe Bilotta <bilotta78@hotpop.com> wrote: > Except that we're talking about *hardware* companies > here, not > *software* companies. *Hardware* companies make > money by selling > *hardware*, not the software that drives it: in > fact, they always > distribute the 'software' they write (the drivers) > for free (gratis). > > So while what you say is perfectly sensible for > *software* developers, > it has absolutely nothing to do with the closed > source drivers > *hardware* companies distribute. The argument that a hardware company usually invokes is that, while they don't give a horse's pitute about the software itself, they do care about the information the software contains about their hardware. The concern is that publishing the software under any form of open or free license would be seen as publishing the details of the hardware, thus making any claims that they attempted to protect thier intellectual property void. They would sell less hardware because they would have no legal recourse against anyone who "stole" the secrets to their hardware. I make no claims to understanding the legal basis for this position. I don't even know if I think it makes sense. I have heard it often enough to understand that many people believe it though. Casey Schaufler casey@schaufler-ca.com ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-21 0:38 ` Casey Schaufler @ 2006-12-21 10:17 ` Bernd Petrovitsch 0 siblings, 0 replies; 76+ messages in thread From: Bernd Petrovitsch @ 2006-12-21 10:17 UTC (permalink / raw) To: casey; +Cc: Giuseppe Bilotta, linux-kernel On Wed, 2006-12-20 at 16:38 -0800, Casey Schaufler wrote: [...] > The argument that a hardware company usually > invokes is that, while they don't give a horse's > pitute about the software itself, they do care > about the information the software contains > about their hardware. The concern is that > publishing the software under any form of open > or free license would be seen as publishing > the details of the hardware, thus making any > claims that they attempted to protect thier > intellectual property void. They would sell > less hardware because they would have no legal > recourse against anyone who "stole" the secrets > to their hardware. The more realistic and more expensive threat is not the above (yes, one can "copy" an already released product after reverse enginnering and also try to sell it but how long - in calendar time - does this take? And during that time the original is sold all the time) but it is much easier to detect (real or potential) patent violations and the fun begins probably. And ATM is is practically not possible to build anything remotely "technical" without violating hundreds of patents somewhere (they may be legal or "illegal" or trivial or software as such but if a patent is granted it is there). > I make no claims to understanding the legal > basis for this position. I don't even know if > I think it makes sense. I have heard it often > enough to understand that many people believe > it though. Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-20 22:06 ` Giuseppe Bilotta 2006-12-21 0:38 ` Casey Schaufler @ 2006-12-21 18:16 ` Valdis.Kletnieks 2006-12-22 11:59 ` Erik Mouw 1 sibling, 1 reply; 76+ messages in thread From: Valdis.Kletnieks @ 2006-12-21 18:16 UTC (permalink / raw) To: Giuseppe Bilotta; +Cc: linux-kernel [-- Attachment #1: Type: text/plain, Size: 1550 bytes --] On Wed, 20 Dec 2006 23:06:43 +0100, Giuseppe Bilotta said: > So while what you say is perfectly sensible for *software* developers, > it has absolutely nothing to do with the closed source drivers > *hardware* companies distribute. The problem is that the software drivers reveal an awful lot about the innards of the hardware, which is something the hardware companies *do* want to protect. > This all being said, I think that the only thing that can shake > companies such as nVidia and ATI is a project such as the Open > Graphics Card At least nVidia *does* actually Get It, they just don't have a choice in implementing it, because all their current hardware includes patents that they licensed from other companies (I believe some of the OpenGL stuff that originated at SGI and got bought by Microsoft is involved, but I have no hard references for actual patent numbers). And then they have the big problem - do they keep using the patent in order to boost performance, or no? If they produce a blazing-fast card and they manage to sell to 30% of the Windows users, they've sold to about 27% of all computer users. If they skip the patent and produce a slower card to please the Linux users, even if they sell to half the Linux users, that's only 5-6% of the market. Which course of action is any CFO going to choose? (And let's not underestimate the possibility that some yet-undisclosed submarine patent will torpedo the Open Graphics Card if they unwittingly re-invent something owned by a company that wants the card to fail....) [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-21 18:16 ` Valdis.Kletnieks @ 2006-12-22 11:59 ` Erik Mouw 2006-12-24 6:35 ` Valdis.Kletnieks 2006-12-31 12:41 ` Bernd Petrovitsch 0 siblings, 2 replies; 76+ messages in thread From: Erik Mouw @ 2006-12-22 11:59 UTC (permalink / raw) To: Valdis.Kletnieks; +Cc: Giuseppe Bilotta, linux-kernel On Thu, Dec 21, 2006 at 01:16:15PM -0500, Valdis.Kletnieks@vt.edu wrote: > At least nVidia *does* actually Get It, they just don't have a choice in > implementing it, because all their current hardware includes patents that > they licensed from other companies (I believe some of the OpenGL stuff that > originated at SGI and got bought by Microsoft is involved, but I have no > hard references for actual patent numbers). And then they have the big > problem - do they keep using the patent in order to boost performance, > or no? Wasn't the whole idea about patents that you publish your invention? Erik -- +-- Erik Mouw -- www.harddisk-recovery.com -- +31 70 370 12 90 -- | Lab address: Delftechpark 26, 2628 XH, Delft, The Netherlands ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-22 11:59 ` Erik Mouw @ 2006-12-24 6:35 ` Valdis.Kletnieks 2006-12-31 12:41 ` Bernd Petrovitsch 1 sibling, 0 replies; 76+ messages in thread From: Valdis.Kletnieks @ 2006-12-24 6:35 UTC (permalink / raw) To: Erik Mouw; +Cc: Giuseppe Bilotta, linux-kernel [-- Attachment #1: Type: text/plain, Size: 1553 bytes --] On Fri, 22 Dec 2006 12:59:21 +0100, Erik Mouw said: > On Thu, Dec 21, 2006 at 01:16:15PM -0500, Valdis.Kletnieks@vt.edu wrote: > > At least nVidia *does* actually Get It, they just don't have a choice in > > implementing it, because all their current hardware includes patents that > > they licensed from other companies (I believe some of the OpenGL stuff that > > originated at SGI and got bought by Microsoft is involved, but I have no > > hard references for actual patent numbers). And then they have the big > > problem - do they keep using the patent in order to boost performance, > > or no? > > Wasn't the whole idea about patents that you publish your invention? (Argh - I was too busy coming down with the flu to carefully read what I wrote, and as a result I was a tad less that totally specific and accurate. Hopefully I get it closer to right this time. ;) Patent licenses are also a good place to hang all sorts of side agreements on - and I'm pretty sure that the *actual* intellectual property involved is a witches' brew of patents, copyrights, and trade secrets, all wrapped up with a nice "thou shalt not disclose *any* of it" wrapper. In any case, there isn't much that *any* company can do to open-source something when they've got any sort of legally binding NDA attached to 3rd-party intellectual property. At best, they can design an entirely new product that totally avoids the IP in question - but as I noted last time, the company *does* have to do a sanity check when 90% of the market doesn't care in the slightest. [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-22 11:59 ` Erik Mouw 2006-12-24 6:35 ` Valdis.Kletnieks @ 2006-12-31 12:41 ` Bernd Petrovitsch 2006-12-31 13:03 ` Trent Waddington 1 sibling, 1 reply; 76+ messages in thread From: Bernd Petrovitsch @ 2006-12-31 12:41 UTC (permalink / raw) To: Erik Mouw; +Cc: Valdis.Kletnieks, Giuseppe Bilotta, linux-kernel On Fri, 2006-12-22 at 12:59 +0100, Erik Mouw wrote: > On Thu, Dec 21, 2006 at 01:16:15PM -0500, Valdis.Kletnieks@vt.edu wrote: > > At least nVidia *does* actually Get It, they just don't have a choice in > > implementing it, because all their current hardware includes patents that > > they licensed from other companies (I believe some of the OpenGL stuff that > > originated at SGI and got bought by Microsoft is involved, but I have no > > hard references for actual patent numbers). And then they have the big > > problem - do they keep using the patent in order to boost performance, > > or no? > > Wasn't the whole idea about patents that you publish your invention? Of course. But it is much better for the patent-interested parties if it wouldn't be necessary (and said parties are actually complaining about the "must publish" thing). And the times are long gone when a patent was actually "publishing". They use since ages there own secret language so - the patent system as such doen not enforce "publisching" (except you are one of speakers of "patent quak"). - that even the most trivial idea looks like it is very complicated. - that even an already implemented idean looks like it is very new. Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-31 12:41 ` Bernd Petrovitsch @ 2006-12-31 13:03 ` Trent Waddington 2006-12-31 17:09 ` Alan 2007-01-02 4:04 ` Valdis.Kletnieks 0 siblings, 2 replies; 76+ messages in thread From: Trent Waddington @ 2006-12-31 13:03 UTC (permalink / raw) To: Bernd Petrovitsch Cc: Erik Mouw, Valdis.Kletnieks, Giuseppe Bilotta, linux-kernel > > On Thu, Dec 21, 2006 at 01:16:15PM -0500, Valdis.Kletnieks@vt.edu wrote: > > > At least nVidia *does* actually Get It, they just don't have a choice in > > > implementing it, because all their current hardware includes patents that > > > they licensed from other companies What makes you think they "get it"? In a recent interview (http://bsdtalk.blogspot.com/2006/07/bsdtalk054-interview-with-andy-ritger.html) the nvidia developer had this to say: "Quite honestly we have a lot of ip sorrounding both our hardware and our software. And so the driver we provide is binary only, ya know, to protect that intellectual property. You know, I guess, on a software side, so much of what we do, err, of the code that comprises that drivers is common and leveraged across all the operating systems and I think that is a big benefit. You know we are able to accomplish a lot with a fairly small, err, unix specific engineering team because we're able to leverage so much common code. Ya know, that really is a big win for us and our users, and so, ya know, we provide a binary only driver to protect that ip. Umm, that said, we do try to, ya know, provide source for, err, ya know, for things when it makes sense and its possible to do so. I guess for our various unix graphics drivers, the interface between *cough* excuse me, the core of the binary, err the core of the kernel module is operating system neutral .. is shipped binary only but anything that, ya know, interacts directly with, with unix kernel, be it linux or freebsd or whatever, we provide the source code to that interface layer. Similarly, err, I guess, up in user space, umm, you know, we were talking either about, umm, the nvida X extension and our control panel nvidia-settings. The source code for that is provided as GPL. We provide a command line tool nvidia-xconfig for manipulating your xconfiguration files. We provide that as GPL. So we do try to provide source code to those sorts of utilities and things like that when it makes sense. Umm, but the core of our driver, we only provide as binary." Yeah, really sounds like he "gets it". Why don't you release source? To protect the intellectual property. Well, duh! That's why everyone holds back source. So allow me to translate.. Why don't you release source? Because we don't believe in freedom, we don't "get it" and we don't want you to have it. That wasn't some marketting stooge they were interviewing either, it was two of the guys who work on the unix porting team for the nvidia drivers. They don't get it. Trent ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-31 13:03 ` Trent Waddington @ 2006-12-31 17:09 ` Alan 2007-01-02 2:42 ` Valdis.Kletnieks 2007-01-02 4:04 ` Valdis.Kletnieks 1 sibling, 1 reply; 76+ messages in thread From: Alan @ 2006-12-31 17:09 UTC (permalink / raw) To: Trent Waddington Cc: Bernd Petrovitsch, Erik Mouw, Valdis.Kletnieks, Giuseppe Bilotta, linux-kernel > Why don't you release source? To protect the intellectual property. > Well, duh! That's why everyone holds back source. So allow me to > translate.. That IP story is for the most part not even credible. If they were worried about "software IP" they would release hardware docs and let us get on with writing drivers that may well not be as cool as theirs but would work. If they had real IPR in their hardware then they would hold patents on it and would be able to take action against (or license it) to anyone else making hardware. That would apply even outside the USA where software patents are generally not valid. The only hardware IP they'd need to protect would appear to be anything that revealed they used other people's IPR without permission or licenses. Given the Nvidia/3Dfx affair I can see why they would be worried about that given it cost them $70M and 1 million shares. Alan ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-31 17:09 ` Alan @ 2007-01-02 2:42 ` Valdis.Kletnieks 0 siblings, 0 replies; 76+ messages in thread From: Valdis.Kletnieks @ 2007-01-02 2:42 UTC (permalink / raw) To: Alan Cc: Trent Waddington, Bernd Petrovitsch, Erik Mouw, Giuseppe Bilotta, linux-kernel [-- Attachment #1: Type: text/plain, Size: 945 bytes --] On Sun, 31 Dec 2006 17:09:43 GMT, Alan said: > That IP story is for the most part not even credible. If they were worried > about "software IP" they would release hardware docs and let us get on > with writing drivers that may well not be as cool as theirs but would > work. If they had real IPR in their hardware then they would hold patents > on it and would be able to take action against (or license it) to anyone > else making hardware. That would apply even outside the USA where > software patents are generally not valid. > > The only hardware IP they'd need to protect would appear to be anything > that revealed they used other people's IPR without permission or > licenses. Given the Nvidia/3Dfx affair I can see why they would be > worried about that given it cost them $70M and 1 million shares. Hey, I started out *up front* pointing out they can't open-source the drivers because some of the IP is other people's, didn't I? :) [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2006-12-31 13:03 ` Trent Waddington 2006-12-31 17:09 ` Alan @ 2007-01-02 4:04 ` Valdis.Kletnieks 2007-01-02 5:06 ` David Weinehall 2007-01-02 6:30 ` Trent Waddington 1 sibling, 2 replies; 76+ messages in thread From: Valdis.Kletnieks @ 2007-01-02 4:04 UTC (permalink / raw) To: Trent Waddington Cc: Bernd Petrovitsch, Erik Mouw, Giuseppe Bilotta, linux-kernel [-- Attachment #1: Type: text/plain, Size: 1113 bytes --] On Sun, 31 Dec 2006 23:03:27 +1000, Trent Waddington said: > Why don't you release source? To protect the intellectual property. > Well, duh! That's why everyone holds back source. So allow me to > translate.. > > Why don't you release source? Because we don't believe in freedom, we > don't "get it" and we don't want you to have it. There's believing in freedom, and there's wanting to be able to ship code without getting sued... The binary blob in question is several megabytes in size. Now, even totally *ignoring* who knowingly licensed/stole/whatever IP from who, that *still* leaves the problem of trying to write several megabytes of code that doesn't infringe on anybody's IP - particularly some of those vague submarine patents that should have been killed on "prior art" or "obviousness" grounds. So tell me - how *do* you release that much code without worrying about IP issues? Remember - somebody *can* "get it" but be unable to actually *deploy*. I *get* the whole global warming thing - but I'm not in a position to buy a hybrid car unless somebody else kicks in US$15K or $20K or so. [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 4:04 ` Valdis.Kletnieks @ 2007-01-02 5:06 ` David Weinehall 2007-01-02 6:30 ` Trent Waddington 1 sibling, 0 replies; 76+ messages in thread From: David Weinehall @ 2007-01-02 5:06 UTC (permalink / raw) To: Valdis.Kletnieks Cc: Trent Waddington, Bernd Petrovitsch, Erik Mouw, Giuseppe Bilotta, linux-kernel On Mon, Jan 01, 2007 at 11:04:49PM -0500, Valdis.Kletnieks@vt.edu wrote: > On Sun, 31 Dec 2006 23:03:27 +1000, Trent Waddington said: > > Why don't you release source? To protect the intellectual property. > > Well, duh! That's why everyone holds back source. So allow me to > > translate.. > > > > Why don't you release source? Because we don't believe in freedom, we > > don't "get it" and we don't want you to have it. > > There's believing in freedom, and there's wanting to be able to ship code > without getting sued... > > The binary blob in question is several megabytes in size. Now, even > totally *ignoring* who knowingly licensed/stole/whatever IP from who, > that *still* leaves the problem of trying to write several megabytes of > code that doesn't infringe on anybody's IP - particularly some of those > vague submarine patents that should have been killed on "prior art" or > "obviousness" grounds. You know, not releasing source code doesn't make "IP" violations magically disappear, so if anything you should be more suspicious about closed source drivers infringing others patents than anything. > So tell me - how *do* you release that much code without worrying about IP > issues? If you have to worry about "IP", you're screwed no matter if you release source or not. The only problem is that it might be trickier for the other party to prove. The only case where a closed source driver makes some kind of sense from an "IP" point of view is when you're trying to protect your own code (or code you have licensed). > Remember - somebody *can* "get it" but be unable to actually *deploy*. > I *get* the whole global warming thing - but I'm not in a position to buy > a hybrid car unless somebody else kicks in US$15K or $20K or so. Well, you can always make a contribution by using public transportation or switching to low energy light bulbs. Every little thing counts =) Regards: David -- /) David Weinehall <tao@acc.umu.se> /) Northern lights wander (\ // Maintainer of the v2.0 kernel // Dance across the winter sky // \) http://www.acc.umu.se/~tao/ (/ Full colour fire (/ ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 4:04 ` Valdis.Kletnieks 2007-01-02 5:06 ` David Weinehall @ 2007-01-02 6:30 ` Trent Waddington 2007-01-02 9:40 ` Bernd Petrovitsch 2007-01-02 10:40 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Alan 1 sibling, 2 replies; 76+ messages in thread From: Trent Waddington @ 2007-01-02 6:30 UTC (permalink / raw) To: Valdis.Kletnieks@vt.edu Cc: Bernd Petrovitsch, Erik Mouw, Giuseppe Bilotta, linux-kernel On 1/2/07, Valdis.Kletnieks@vt.edu <Valdis.Kletnieks@vt.edu> wrote: > The binary blob in question is several megabytes in size. Now, even > totally *ignoring* who knowingly licensed/stole/whatever IP from who, > that *still* leaves the problem of trying to write several megabytes of > code that doesn't infringe on anybody's IP - particularly some of those > vague submarine patents that should have been killed on "prior art" or > "obviousness" grounds. > > So tell me - how *do* you release that much code without worrying about IP > issues? I'm going to try really hard to ignore how flammable your response is.. I guess I deserve it. I think you're repeating a myth that has become a common part of hacker lore in recent years. It's caused by how little we know about software patents. The myth is that if you release source code which violates someone's patent that is somehow worse than if you release binaries that violate someone's patent. This is clearly, obviously, false. If you're practising the invention without a license in your source code then you're practising the invention without a license in binaries compiled from that source code. Period. Nvidia are not releasing source code to their drivers for one reason: it's not their culture. They don't see the need. They don't see the benefit. Trent ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 6:30 ` Trent Waddington @ 2007-01-02 9:40 ` Bernd Petrovitsch 2007-01-02 11:26 ` Trent Waddington 2007-01-02 10:40 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Alan 1 sibling, 1 reply; 76+ messages in thread From: Bernd Petrovitsch @ 2007-01-02 9:40 UTC (permalink / raw) To: Trent Waddington Cc: Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, 2007-01-02 at 16:30 +1000, Trent Waddington wrote: [...] > I think you're repeating a myth that has become a common part of > hacker lore in recent years. It's caused by how little we know about > software patents. The myth is that if you release source code which > violates someone's patent that is somehow worse than if you release > binaries that violate someone's patent. This is clearly, obviously, > false. If you're practising the invention without a license in your > source code then you're practising the invention without a license in > binaries compiled from that source code. Period. While this is true (at last in theory), there is one difference in practice: It is *much* easier to prove a/the patent violation if you have (original?) source code than to reverse engineer the assembler dump of the compiled code and prove the patent violation far enough to get to a so-called "agreement" on the costs. > Nvidia are not releasing source code to their drivers for one reason: > it's not their culture. They don't see the need. They don't see the > benefit. Which also may well be true. Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 9:40 ` Bernd Petrovitsch @ 2007-01-02 11:26 ` Trent Waddington 2007-01-02 12:06 ` Bernd Petrovitsch 2007-01-02 12:50 ` Theodore Tso 0 siblings, 2 replies; 76+ messages in thread From: Trent Waddington @ 2007-01-02 11:26 UTC (permalink / raw) To: Bernd Petrovitsch Cc: Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On 1/2/07, Bernd Petrovitsch <bernd@firmix.at> wrote: > While this is true (at last in theory), there is one difference in > practice: It is *much* easier to prove a/the patent violation if you > have (original?) source code than to reverse engineer the assembler dump > of the compiled code and prove the patent violation far enough to get to > a so-called "agreement" on the costs. On 1/2/07, Alan <alan@lxorguk.ukuu.org.uk> wrote: > You are forgetting the 11th commandment - thou shalt not get caught. > Most software patents (actually quite probably most patents) are held by > people who don't have the skills to go disassembling megabytes of code in > search of offenders. The list of features which the driver supports is going to be sufficient evidence for 99% of patents that relate to computer graphics hardware. Regardless, in the *millions* of dollars that it costs to prosecute a patent violation case I think they can find a few grand to throw at a disassembler jockey. So I'll take back what I said.. it does make some difference whether you release patent violating source code or patent violating binaries. It makes about a 1% difference to the overall cost of prosecuting a patent lawsuit. Now if you are done speculating why nvidia might have a reasonable reason for not releasing source code, can we just take it as read that the most likely reason is that they simply don't want to because they don't see the benefit? If that's the case, what benefit can we offer them? Trent ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 11:26 ` Trent Waddington @ 2007-01-02 12:06 ` Bernd Petrovitsch 2007-01-02 19:23 ` Horst H. von Brand 2007-01-02 12:50 ` Theodore Tso 1 sibling, 1 reply; 76+ messages in thread From: Bernd Petrovitsch @ 2007-01-02 12:06 UTC (permalink / raw) To: Trent Waddington Cc: Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, 2007-01-02 at 21:26 +1000, Trent Waddington wrote: > On 1/2/07, Bernd Petrovitsch <bernd@firmix.at> wrote: > > While this is true (at last in theory), there is one difference in > > practice: It is *much* easier to prove a/the patent violation if you > > have (original?) source code than to reverse engineer the assembler dump > > of the compiled code and prove the patent violation far enough to get to > > a so-called "agreement" on the costs. > > On 1/2/07, Alan <alan@lxorguk.ukuu.org.uk> wrote: > > You are forgetting the 11th commandment - thou shalt not get caught. > > Most software patents (actually quite probably most patents) are held by > > people who don't have the skills to go disassembling megabytes of code in > > search of offenders. > > The list of features which the driver supports is going to be > sufficient evidence for 99% of patents that relate to computer > graphics hardware. > > Regardless, in the *millions* of dollars that it costs to prosecute a > patent violation case I think they can find a few grand to throw at a > disassembler jockey. Most of the cases (more or less "almost all" AFAIK) are handled/closed without really going to court (since it is cheaper for all - especially if the alleged patent violator is substantially smaller than the patent holder and will not survive the law suit. See it as "protection money"). So there are no real statistics available on this issue. I don't know about others but I wouldn't write an offer with a fixed price for "look into assembler dumps, reverse engineer it and find an infringement on a list of given patents" so the patent holder has to list the patents and the amount of my time to invest (and then he will get a price for it and no guarantees of success). Thus the patent holder takes the whole risk that I don't find anything useful (independent of the presence of a patent violation or my inability to find/identify it). And you need people wo are literate in "patent quak" and the technical side so it will IMHP not work if you get someone not very expensive[0]. > So I'll take back what I said.. it does make some difference whether > you release patent violating source code or patent violating binaries. > It makes about a 1% difference to the overall cost of prosecuting a > patent lawsuit. Given the above, the difference (measured in money/effort/....) is in IMHO much larger than 1%. > Now if you are done speculating why nvidia might have a reasonable > reason for not releasing source code, can we just take it as read that > the most likely reason is that they simply don't want to because they > don't see the benefit? If that's the case, what benefit can we offer > them? I don't know. For network cards it helped to recommend hardware with open drivers. In the graphic card department this didn't worked up to now. Bernd [0]: That doesn't imply that hiring someone expensive guarantees success. -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 12:06 ` Bernd Petrovitsch @ 2007-01-02 19:23 ` Horst H. von Brand 2007-01-03 8:59 ` Bernd Petrovitsch 0 siblings, 1 reply; 76+ messages in thread From: Horst H. von Brand @ 2007-01-02 19:23 UTC (permalink / raw) To: Bernd Petrovitsch Cc: Trent Waddington, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel Bernd Petrovitsch <bernd@firmix.at> wrote: [...] > I don't know about others but I wouldn't write an offer with a fixed > price for "look into assembler dumps, reverse engineer it and find an > infringement on a list of given patents" so the patent holder has to > list the patents and the amount of my time to invest (and then he will > get a price for it and no guarantees of success). And them you'd have to testify (as an expert witness, AFAIU). Having legally demostrable expertise in the area isn't easy, I suppose. -- Dr. Horst H. von Brand User #22616 counter.li.org Departamento de Informatica Fono: +56 32 2654431 Universidad Tecnica Federico Santa Maria +56 32 2654239 Casilla 110-V, Valparaiso, Chile Fax: +56 32 2797513 ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 19:23 ` Horst H. von Brand @ 2007-01-03 8:59 ` Bernd Petrovitsch 0 siblings, 0 replies; 76+ messages in thread From: Bernd Petrovitsch @ 2007-01-03 8:59 UTC (permalink / raw) To: Horst H. von Brand Cc: Trent Waddington, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, 2007-01-02 at 16:23 -0300, Horst H. von Brand wrote: > Bernd Petrovitsch <bernd@firmix.at> wrote: > [...] > > I don't know about others but I wouldn't write an offer with a fixed > > price for "look into assembler dumps, reverse engineer it and find an > > infringement on a list of given patents" so the patent holder has to > > list the patents and the amount of my time to invest (and then he will > > get a price for it and no guarantees of success). > > And them you'd have to testify (as an expert witness, AFAIU). Having Probably if -) I actually found something and -) the patent holder also believes in it (and he will - IMHO very probably - pay another expert to verify the findings) and -) the patent holder actually persues the infringements and -) the law suit goes that far and. > legally demostrable expertise in the area isn't easy, I suppose. At least in .at you need some kind of "official approval" to become an "expert in court" (in German: "Gutachter" - Is "assessor" the correct translation? http://dict.leo.org/ lists 9 different words). Actually this is a somewhat different job .... Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 11:26 ` Trent Waddington 2007-01-02 12:06 ` Bernd Petrovitsch @ 2007-01-02 12:50 ` Theodore Tso 2007-01-02 13:22 ` Robert P. J. Day 1 sibling, 1 reply; 76+ messages in thread From: Theodore Tso @ 2007-01-02 12:50 UTC (permalink / raw) To: Trent Waddington Cc: Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, Jan 02, 2007 at 09:26:14PM +1000, Trent Waddington wrote: > The list of features which the driver supports is going to be > sufficient evidence for 99% of patents that relate to computer > graphics hardware. Nope, not necessarily. Recall that Patent Office has issued a patent on the concept of using "XOR" in graphics operations (for dealing with a cursor that's moving around). There are plenty of patents involving optimizations that can't be proven unless you have access to the low-level source code or are willing to spend a huge amount of money disassembling megabytes of binaries. In fact, there are rumors floating around that pthe reason why no one is willing to release source code is that both sides are almost certainly violating each other's trivial patents, and defending against a patent lawsuit can take years, millions of dollars, and even if the patent is completely and totally bogus, can put a company out of business. Witness what happened with Research in Motion and the patents allegedly covering the Blackberry. Even though the USPTO had already provisionally ruled that there was prior art (the patent troll still had appeals to file), the judge wasn't willing to wait for the USPTO process to finish, and was prepared to issue a ruling that would put a 23 BILLION dollar company out of business. So RIMM ended up paying over half a billion dollars of blackmail money to settle a patent lawsuit where the patents may end up getting ruled completely bogus a year or two from now anyway. In any case, the rumor that was going around was that the reasn why neither side is willing to release sources is because whoever did would be committing potential corporate suicide first.... I can very easily believe it. The US patent system and "justice" system in the US is completely and totally insane, and companies often feel they have to act accordingly. Remember this is the country that has issued multi-million dollar awards to people who spill hot coffee in their lap and my favorite, to an idiot who lifted up a lawnmover to trim their hedges, dropped the lawnmover on his foot and lost his foot as a result. The lawn mover company had to pay $$$ because they hadn't thought to put in a idiot switch to stop the lawnmower blade from spinning when it was lifted off the ground.... - Ted P.S. The opinions expressed in this e-mail are completely my own; I'm not important enough to decide the corporate position of my employer. :-) ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 12:50 ` Theodore Tso @ 2007-01-02 13:22 ` Robert P. J. Day 2007-01-02 15:15 ` David Weinehall 2007-01-02 19:04 ` [OT] Hot coffee (was: Open letter to Linux kernel developers (was Re: Binary Drivers)) Steven Rostedt 0 siblings, 2 replies; 76+ messages in thread From: Robert P. J. Day @ 2007-01-02 13:22 UTC (permalink / raw) To: Theodore Tso Cc: Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, 2 Jan 2007, Theodore Tso wrote: > I can very easily believe it. The US patent system and "justice" > system in the US is completely and totally insane, and companies > often feel they have to act accordingly. Remember this is the > country that has issued multi-million dollar awards to people who > spill hot coffee in their lap ... MASSIVELY OFF TOPIC: can we please stop using this "hot coffee in lap" story as an example of the idiocy of the justice system? i'm guessing there's more to this story than most folks are aware of, and you're welcome to read the details here: http://www.lectlaw.com/files/cur78.htm as you can see, there are two salient points that change the complexion of this story thoroughly: 1) mcdonald's was not merely serving their coffee "hot," but *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that will produce third-degree burns almost immediately, and 2) there had, for a decade prior, been some *700* cases where people had burned themselves with mcdonald's coffee, so it's not as if mcdonald's was unaware of the danger, yet continued to ignore it. yes, the american system of justice is brain-damaged. but it's time to find another example to use as the evidence, ok? rday ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 13:22 ` Robert P. J. Day @ 2007-01-02 15:15 ` David Weinehall 2007-01-02 15:18 ` Jens Axboe ` (3 more replies) 2007-01-02 19:04 ` [OT] Hot coffee (was: Open letter to Linux kernel developers (was Re: Binary Drivers)) Steven Rostedt 1 sibling, 4 replies; 76+ messages in thread From: David Weinehall @ 2007-01-02 15:15 UTC (permalink / raw) To: Robert P. J. Day Cc: Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: > On Tue, 2 Jan 2007, Theodore Tso wrote: > > > I can very easily believe it. The US patent system and "justice" > > system in the US is completely and totally insane, and companies > > often feel they have to act accordingly. Remember this is the > > country that has issued multi-million dollar awards to people who > > spill hot coffee in their lap ... > > MASSIVELY OFF TOPIC: can we please stop using this "hot coffee in > lap" story as an example of the idiocy of the justice system? i'm > guessing there's more to this story than most folks are aware of, and > you're welcome to read the details here: > > http://www.lectlaw.com/files/cur78.htm > > as you can see, there are two salient points that change the > complexion of this story thoroughly: > > 1) mcdonald's was not merely serving their coffee "hot," but > *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > will produce third-degree burns almost immediately, and That's less than 90°C. Water boils at 100°C. How the hell do people expect coffee to be made without boiling water? Magic? > 2) there had, for a decade prior, been some *700* cases where people > had burned themselves with mcdonald's coffee, so it's not as if > mcdonald's was unaware of the danger, yet continued to ignore it. No, the customers continued to prove to be total morons by total ignorance of the fact that coffee *is* hot when fresh. If they cannot handle hot coffee, they can order ice coffee or ask for a refill of their cola. [snip] Regards: David -- /) David Weinehall <tao@acc.umu.se> /) Northern lights wander (\ // Maintainer of the v2.0 kernel // Dance across the winter sky // \) http://www.acc.umu.se/~tao/ (/ Full colour fire (/ ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 15:15 ` David Weinehall @ 2007-01-02 15:18 ` Jens Axboe 2007-01-02 16:33 ` James Simmons 2007-01-02 17:13 ` Jan Engelhardt ` (2 subsequent siblings) 3 siblings, 1 reply; 76+ messages in thread From: Jens Axboe @ 2007-01-02 15:18 UTC (permalink / raw) To: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, Jan 02 2007, David Weinehall wrote: > On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: > > On Tue, 2 Jan 2007, Theodore Tso wrote: > > > > > I can very easily believe it. The US patent system and "justice" > > > system in the US is completely and totally insane, and companies > > > often feel they have to act accordingly. Remember this is the > > > country that has issued multi-million dollar awards to people who > > > spill hot coffee in their lap ... > > > > MASSIVELY OFF TOPIC: can we please stop using this "hot coffee in > > lap" story as an example of the idiocy of the justice system? i'm > > guessing there's more to this story than most folks are aware of, and > > you're welcome to read the details here: > > > > http://www.lectlaw.com/files/cur78.htm > > > > as you can see, there are two salient points that change the > > complexion of this story thoroughly: > > > > 1) mcdonald's was not merely serving their coffee "hot," but > > *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > > will produce third-degree burns almost immediately, and > > That's less than 90°C. Water boils at 100°C. How the hell do > people expect coffee to be made without boiling water? Magic? I guess selling sharp kitchen knifes in the US is a law suit waiting to happen as well then, people could seriously hurt themselves with those things! Talk about corporate irresponsibility. -- Jens Axboe ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 15:18 ` Jens Axboe @ 2007-01-02 16:33 ` James Simmons 0 siblings, 0 replies; 76+ messages in thread From: James Simmons @ 2007-01-02 16:33 UTC (permalink / raw) To: Jens Axboe Cc: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel [-- Attachment #1: Type: TEXT/PLAIN, Size: 1378 bytes --] > > > > I can very easily believe it. The US patent system and "justice" > > > > system in the US is completely and totally insane, and companies > > > > often feel they have to act accordingly. Remember this is the > > > > country that has issued multi-million dollar awards to people who > > > > spill hot coffee in their lap ... > > > > > > MASSIVELY OFF TOPIC: can we please stop using this "hot coffee in > > > lap" story as an example of the idiocy of the justice system? i'm > > > guessing there's more to this story than most folks are aware of, and > > > you're welcome to read the details here: > > > > > > http://www.lectlaw.com/files/cur78.htm > > > > > > as you can see, there are two salient points that change the > > > complexion of this story thoroughly: > > > > > > 1) mcdonald's was not merely serving their coffee "hot," but > > > *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > > > will produce third-degree burns almost immediately, and > > > > That's less than 90°C. Water boils at 100°C. How the hell do > > people expect coffee to be made without boiling water? Magic? > > I guess selling sharp kitchen knifes in the US is a law suit waiting to > happen as well then, people could seriously hurt themselves with those > things! Talk about corporate irresponsibility. http://news.bbc.co.uk/2/hi/health/4581871.stm ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 15:15 ` David Weinehall 2007-01-02 15:18 ` Jens Axboe @ 2007-01-02 17:13 ` Jan Engelhardt 2007-01-02 20:20 ` David Weinehall 2007-01-02 19:30 ` Geert Uytterhoeven 2007-01-02 21:11 ` Neil Brown 3 siblings, 1 reply; 76+ messages in thread From: Jan Engelhardt @ 2007-01-02 17:13 UTC (permalink / raw) To: David Weinehall Cc: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel [-- Attachment #1: Type: TEXT/PLAIN, Size: 1341 bytes --] On Jan 2 2007 16:15, David Weinehall wrote: >On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: >> On Tue, 2 Jan 2007, Theodore Tso wrote: >> >> 1) mcdonald's was not merely serving their coffee "hot," but >> *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that >> will produce third-degree burns almost immediately, and > >That's less than 90°C. [1] >Water boils at 100°C. How the hell do >people expect coffee to be made without boiling water? Magic? Boil or not - I've done a test some years ago with some friend arguing about what the best temperature for tea is. Result of an experiment involving actual temperature sensors: my default tea is 40 deg celsius. Theirs was about 60. And to note, drinking 60 deg water already starts to scald my tongue slightly so that it 'itches' for a while. So nothing[1] is unreasonable. >> 2) there had, for a decade prior, been some *700* cases where people >> had burned themselves with mcdonald's coffee, so it's not as if >> mcdonald's was unaware of the danger, yet continued to ignore it. > >No, the customers continued to prove to be total morons by total >ignorance of the fact that coffee *is* hot when fresh. If they >cannot handle hot coffee, they can order ice coffee or ask for a >refill of their cola. Reminds me of http://qdb.us/4753 -`J' -- ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 17:13 ` Jan Engelhardt @ 2007-01-02 20:20 ` David Weinehall 0 siblings, 0 replies; 76+ messages in thread From: David Weinehall @ 2007-01-02 20:20 UTC (permalink / raw) To: Jan Engelhardt Cc: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, Jan 02, 2007 at 06:13:46PM +0100, Jan Engelhardt wrote: > > On Jan 2 2007 16:15, David Weinehall wrote: > >On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: > >> On Tue, 2 Jan 2007, Theodore Tso wrote: > >> > >> 1) mcdonald's was not merely serving their coffee "hot," but > >> *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > >> will produce third-degree burns almost immediately, and > > > >That's less than 90°C. > [1] > > >Water boils at 100°C. How the hell do > >people expect coffee to be made without boiling water? Magic? > > Boil or not - I've done a test some years ago with some friend > arguing about what the best temperature for tea is. Result of an > experiment involving actual temperature sensors: my default tea is 40 > deg celsius. Theirs was about 60. And to note, drinking 60 deg water > already starts to scald my tongue slightly so that it 'itches' for a > while. So nothing[1] is unreasonable. For tea, you're not supposed to boil the water, only let it seethe, as far as I know. But yes, drinking scalding hot beverages is quite stupid. I'm not arguing against that. But not realising that something you need to at the very least seethe to prepare might be hot when served is showing total ignorance. > >> 2) there had, for a decade prior, been some *700* cases where people > >> had burned themselves with mcdonald's coffee, so it's not as if > >> mcdonald's was unaware of the danger, yet continued to ignore it. > > > >No, the customers continued to prove to be total morons by total > >ignorance of the fact that coffee *is* hot when fresh. If they > >cannot handle hot coffee, they can order ice coffee or ask for a > >refill of their cola. > > Reminds me of http://qdb.us/4753 Sounds quite reasonable. Things have gone too far when there are warnings about even the most obvious things. Regards: David -- /) David Weinehall <tao@acc.umu.se> /) Northern lights wander (\ // Maintainer of the v2.0 kernel // Dance across the winter sky // \) http://www.acc.umu.se/~tao/ (/ Full colour fire (/ ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 15:15 ` David Weinehall 2007-01-02 15:18 ` Jens Axboe 2007-01-02 17:13 ` Jan Engelhardt @ 2007-01-02 19:30 ` Geert Uytterhoeven 2007-01-02 20:01 ` OT Coffee (was " Valdis.Kletnieks 2007-01-02 21:11 ` Neil Brown 3 siblings, 1 reply; 76+ messages in thread From: Geert Uytterhoeven @ 2007-01-02 19:30 UTC (permalink / raw) To: David Weinehall; +Cc: Linux Kernel Development [-- Warning: decoded text below may be mangled, UTF-8 assumed --] [-- Attachment #1: Type: TEXT/PLAIN; charset=UTF-8, Size: 1105 bytes --] On Tue, 2 Jan 2007, David Weinehall wrote: > On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: > > 1) mcdonald's was not merely serving their coffee "hot," but > > *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > > will produce third-degree burns almost immediately, and > > That's less than 90°C. Water boils at 100°C. How the hell do > people expect coffee to be made without boiling water? Magic? Ah, many thanks for converting from Fahrenheit to Celsius! > > 2) there had, for a decade prior, been some *700* cases where people > > had burned themselves with mcdonald's coffee, so it's not as if > > mcdonald's was unaware of the danger, yet continued to ignore it. Given the population size of Fahrenheit-country, 700 burns must be an understatement... Gr{oetje,eeting}s, Geert -- Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- geert@linux-m68k.org In personal conversations with technical people, I call myself a hacker. But when I'm talking to journalists I just say "programmer" or something like that. -- Linus Torvalds ^ permalink raw reply [flat|nested] 76+ messages in thread
* OT Coffee (was Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 19:30 ` Geert Uytterhoeven @ 2007-01-02 20:01 ` Valdis.Kletnieks 2007-01-02 20:17 ` Dmitry Torokhov 0 siblings, 1 reply; 76+ messages in thread From: Valdis.Kletnieks @ 2007-01-02 20:01 UTC (permalink / raw) To: Geert Uytterhoeven; +Cc: David Weinehall, Linux Kernel Development [-- Attachment #1: Type: text/plain, Size: 670 bytes --] On Tue, 02 Jan 2007 20:30:17 +0100, Geert Uytterhoeven said: > > > 2) there had, for a decade prior, been some *700* cases where people > > > had burned themselves with mcdonald's coffee, so it's not as if > > > mcdonald's was unaware of the danger, yet continued to ignore it. > > Given the population size of Fahrenheit-country, 700 burns must be an > understatement... And keep in mind, that's not 700 burns. That's 700 complaints that went far enough that the lawyers were able to find documentation in McDonald's records. The people who got burned and didn't complain, or just went in and gave the manager an earful, aren't counted in that 700.... [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: OT Coffee (was Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 20:01 ` OT Coffee (was " Valdis.Kletnieks @ 2007-01-02 20:17 ` Dmitry Torokhov 2007-01-02 23:01 ` David Schwartz 0 siblings, 1 reply; 76+ messages in thread From: Dmitry Torokhov @ 2007-01-02 20:17 UTC (permalink / raw) To: Valdis.Kletnieks@vt.edu Cc: Geert Uytterhoeven, David Weinehall, Linux Kernel Development On 1/2/07, Valdis.Kletnieks@vt.edu <Valdis.Kletnieks@vt.edu> wrote: > On Tue, 02 Jan 2007 20:30:17 +0100, Geert Uytterhoeven said: > > > > > 2) there had, for a decade prior, been some *700* cases where people > > > > had burned themselves with mcdonald's coffee, so it's not as if > > > > mcdonald's was unaware of the danger, yet continued to ignore it. > > > > Given the population size of Fahrenheit-country, 700 burns must be an > > understatement... > > And keep in mind, that's not 700 burns. That's 700 complaints that went far > enough that the lawyers were able to find documentation in McDonald's records. > The people who got burned and didn't complain, or just went in and gave the > manager an earful, aren't counted in that 700.... > How many of them stuffed the cup between their legs though? I think it she would have sqeezed the cup too hard and burned her hand and sued McDonalds for that people would be more understainding... -- Dmitry ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: OT Coffee (was Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 20:17 ` Dmitry Torokhov @ 2007-01-02 23:01 ` David Schwartz 2007-01-03 5:55 ` Valdis.Kletnieks 0 siblings, 1 reply; 76+ messages in thread From: David Schwartz @ 2007-01-02 23:01 UTC (permalink / raw) To: Linux-Kernel@Vger. Kernel. Org > How many of them stuffed the cup between their legs though? I think it > she would have sqeezed the cup too hard and burned her hand and sued > McDonalds for that people would be more understainding... How would what she did have any bearing on the key issue, which is whether or not McDonald's was in any way negligent or serving a defective or unreasonably dangerous product? This case should never have gotten past the earliest stages, and numerous factually similar cases were properly dismissed. There is simply no way you can argue that McDonald's failed to warn people about the risks. The cup says "hot" on it, and nobody can reasonably claim they didn't know coffee was served hot. People might not realize that coffee is hot enough to cause third-degree burns, but McDonald's can't include an education with each cup of coffee, and the plaintiff's never suggest what warning they think would have been appropriate. Any "failure to warn" type argument is absurd on its face. (Does anyone honestly think anything would change if McDonald's included some kind of notice on the cups?) There is similarly no way you can argue that the product is unreasonably dangerous or defective. McDonald's serves coffee at the temperature people want their coffee served, well within industry standards. Hot coffee is inherently dangerous, and asking McDonald's to make their coffee colder than industry standards just to make it less dangerous is to argue that stores should sell dull knives. McDonald's serves coffee at the temperature consumers want it, within accepted standards, that makes any danger inherent in that temperature reasonable. There is no suggestion that the cups or lids are somehow unsuitable. Any "defective product" or "unreasonably dangerous" argument is absurd on its face. What type of legal claim does this leave? The claim that McDonald's settled "similar cases" and is thus being arbitrary or trying to hide anything is nonsense. McDonald's, and other coffee sellers, have settled cases where they *did* do something wrong, such as failing to properly close the lid or where an employee actually dropped or spilled the coffee on a customer. The Stella Liebeck case, however, is a textbook example of a jury finding for a plaintiff in a completely meritless case for no reason other than that the defendant had deep pockets and the plaintiff was badly hurt. That there is no plausible connection between anything the defendant did wrong and the plaintiff's injuries was totally ignored. That none of the plaintiff's claims had even one shred of legal merit was totally ignored. What really amazes me though is that people continue to try to find some way to justify this crazy case. That ATLA defends the case with a series of confusing "almost sort of true" statements is embarassing. DS PS: In my previous post I made a few temperature conversion errors between Farenheit and Celsius. All temperatures were correct in the first specified units and the errors didn't affect the reasoning. My apologies, and thanks to those who caught it. ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: OT Coffee (was Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 23:01 ` David Schwartz @ 2007-01-03 5:55 ` Valdis.Kletnieks 2007-01-04 0:50 ` David Schwartz 0 siblings, 1 reply; 76+ messages in thread From: Valdis.Kletnieks @ 2007-01-03 5:55 UTC (permalink / raw) To: davids; +Cc: Linux-Kernel@Vger. Kernel. Org [-- Attachment #1: Type: text/plain, Size: 324 bytes --] On Tue, 02 Jan 2007 15:01:56 PST, David Schwartz said: > There is simply no way you can argue that McDonald's failed to warn people > about the risks. The cup says "hot" on it, Actually, the "HOT" on the cup and the sticker in the drive-through that says "Warning: Coffee is served very hot" were added after that lawsuit. [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: OT Coffee (was Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-03 5:55 ` Valdis.Kletnieks @ 2007-01-04 0:50 ` David Schwartz 0 siblings, 0 replies; 76+ messages in thread From: David Schwartz @ 2007-01-04 0:50 UTC (permalink / raw) To: Valdis.Kletnieks; +Cc: Linux-Kernel@Vger. Kernel. Org > On Tue, 02 Jan 2007 15:01:56 PST, David Schwartz said: > > There is simply no way you can argue that McDonald's failed to > > warn people > > about the risks. The cup says "hot" on it, > Actually, the "HOT" on the cup and the sticker in the drive-through that > says "Warning: Coffee is served very hot" were added after that lawsuit. Yes. And pretty much everyone agrees that these warnings serve no purpose. Everyone knows that hot coffee is served hot. What people probably don't know is that if you spill hot coffee on yourself and remain in contact with the coffee for more than about 45 seconds, a third-degree burn can result. This warning doesn't convey that information. I find it almost impossible to believe that anyone is going to alter their behavior in any significant way as a result of that warning. DS ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 15:15 ` David Weinehall ` (2 preceding siblings ...) 2007-01-02 19:30 ` Geert Uytterhoeven @ 2007-01-02 21:11 ` Neil Brown 2007-01-02 22:26 ` Randy Dunlap 3 siblings, 1 reply; 76+ messages in thread From: Neil Brown @ 2007-01-02 21:11 UTC (permalink / raw) To: David Weinehall Cc: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tuesday January 2, tao@acc.umu.se wrote: > On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: > > On Tue, 2 Jan 2007, Theodore Tso wrote: > > > > > I can very easily believe it. The US patent system and "justice" > > > system in the US is completely and totally insane, and companies > > > often feel they have to act accordingly. Remember this is the > > > country that has issued multi-million dollar awards to people who > > > spill hot coffee in their lap ... > > > > MASSIVELY OFF TOPIC: can we please stop using this "hot coffee in > > lap" story as an example of the idiocy of the justice system? i'm > > guessing there's more to this story than most folks are aware of, and > > you're welcome to read the details here: > > > > http://www.lectlaw.com/files/cur78.htm > > > > as you can see, there are two salient points that change the > > complexion of this story thoroughly: > > > > 1) mcdonald's was not merely serving their coffee "hot," but > > *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > > will produce third-degree burns almost immediately, and > > That's less than 90°C. Water boils at 100°C. How the hell do > people expect coffee to be made without boiling water? Magic? We have a coffee chain down here (.au) called "92degrees". They claim this is the optimal temperature for pumping the water through the ground coffee beans to get ideal coffee. So it doesn't need to be boiling. Of course if people would just put milk in their coffee, we would have this problem :-) [We now return you to our regular program of filesystem corruption and flame wars]. NeilBrown ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 21:11 ` Neil Brown @ 2007-01-02 22:26 ` Randy Dunlap 0 siblings, 0 replies; 76+ messages in thread From: Randy Dunlap @ 2007-01-02 22:26 UTC (permalink / raw) To: Neil Brown Cc: David Weinehall, Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Wed, 3 Jan 2007 08:11:21 +1100 Neil Brown wrote: > Of course if people would just put milk in their coffee, we would have > this problem :-) > > [We now return you to our regular program of filesystem corruption > and flame wars]. Yes, PLEEZE! --- ~Randy ^ permalink raw reply [flat|nested] 76+ messages in thread
* [OT] Hot coffee (was: Open letter to Linux kernel developers (was Re: Binary Drivers)) 2007-01-02 13:22 ` Robert P. J. Day 2007-01-02 15:15 ` David Weinehall @ 2007-01-02 19:04 ` Steven Rostedt 1 sibling, 0 replies; 76+ messages in thread From: Steven Rostedt @ 2007-01-02 19:04 UTC (permalink / raw) To: Robert P. J. Day Cc: Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, 2007-01-02 at 08:22 -0500, Robert P. J. Day wrote: > On Tue, 2 Jan 2007, Theodore Tso wrote: > > > I can very easily believe it. The US patent system and "justice" > > system in the US is completely and totally insane, and companies > > often feel they have to act accordingly. Remember this is the > > country that has issued multi-million dollar awards to people who > > spill hot coffee in their lap ... > > MASSIVELY OFF TOPIC: can we please stop using this "hot coffee in > lap" story as an example of the idiocy of the justice system? i'm > guessing there's more to this story than most folks are aware of, and > you're welcome to read the details here: > > http://www.lectlaw.com/files/cur78.htm Thanks for the pointer. "The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which equals about two days of McDonalds' coffee sales." Although the punitive damages was later brought down to $480,000 (still extreme for the case) it wasn't just the law suit that caused the uproar. It was the $2.7 million that was (initially) rewarded. And for what? Spilling hot substance on your lap. I highly doubt that this would have been big news if the reward was just the $200,000. Since that's not really a life changing reward now a days. But there's too much "sue for the money" attitude in the US that the $2.7 mill got people upset. > > as you can see, there are two salient points that change the > complexion of this story thoroughly: > > 1) mcdonald's was not merely serving their coffee "hot," but > *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > will produce third-degree burns almost immediately, and > > 2) there had, for a decade prior, been some *700* cases where people > had burned themselves with mcdonald's coffee, so it's not as if > mcdonald's was unaware of the danger, yet continued to ignore it. I'll admit that I burnt myself while driving and drinking McD's coffee, but I never even thought about complaining about it. > > yes, the american system of justice is brain-damaged. but it's time > to find another example to use as the evidence, ok? OK, I like Ted's example of the lawnmower :) Well, the coffee one has gotten world news, and is just the "poster boy" for the frivolous lawsuits that are done in America. A while back I met a guy and he told me that he was working on his motorcycle, and disabled the breaks. Someone came by and stole the bike when he went in his house to get some tools. The thief crashed the bike (totaling it) and received some major injuries. Then the thief sued the guy because of the faulty breaks! He was in the middle of the case when I met him, so I don't know how it ended. But the fact that this wasn't laughed out of court just shows that the US system is screwed up. -- Steve ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 6:30 ` Trent Waddington 2007-01-02 9:40 ` Bernd Petrovitsch @ 2007-01-02 10:40 ` Alan 1 sibling, 0 replies; 76+ messages in thread From: Alan @ 2007-01-02 10:40 UTC (permalink / raw) To: Trent Waddington Cc: Valdis.Kletnieks@vt.edu, Bernd Petrovitsch, Erik Mouw, Giuseppe Bilotta, linux-kernel > I think you're repeating a myth that has become a common part of > hacker lore in recent years. It's caused by how little we know about > software patents. The myth is that if you release source code which > violates someone's patent that is somehow worse than if you release > binaries that violate someone's patent. This is clearly, obviously, > false. If you're practising the invention without a license in your > source code then you're practising the invention without a license in > binaries compiled from that source code. Period. You are forgetting the 11th commandment - thou shalt not get caught. Most software patents (actually quite probably most patents) are held by people who don't have the skills to go disassembling megabytes of code in search of offenders. Alan ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Binary Drivers 2006-12-15 21:20 Binary Drivers James Porter ` (3 preceding siblings ...) 2006-12-16 9:07 ` Marek Wawrzyczny @ 2006-12-18 9:51 ` Bernd Petrovitsch 4 siblings, 0 replies; 76+ messages in thread From: Bernd Petrovitsch @ 2006-12-18 9:51 UTC (permalink / raw) To: James Porter; +Cc: linux-kernel On Fri, 2006-12-15 at 21:20 +0000, James Porter wrote: > I think some kernel developers take to much responsibility, is there a bug in a > binary driver? Send it upstream and explain to the user that it's a closed Plaese name them. AFAICS if there is a response, it is similar to "your kernel is tainted, please report the report elsewhere". > source driver and is up to said company to fix it. > > For what it's worth, I don't see any problem with binary drivers from hardware > manufacturers. You are probably not looking at the right places. > Just because nvidia makes a closed source driver doesn't mean that we can't also ^^ Please send patches. > create an open source driver(limited functionality, reverse engineered, > etc.,etc.). I firmly believe that the choice should be up to the user and/or > distro. I'm not a kernel dev, I don't know c...but I understand the concepts and ^^^^^^^^^^ Then become one if you are serious with the "we" above. > I should have the right to do what I want with this GPL code. Restricting me Then you should discuss this with law makers, politicians and the various pressure groups about copyright and/or authors rights and you surely *must* deal beforehand with the patent plague since this is even more restricting in any sense than author rights ever was (let alone copyright). And for such political debate LKML is probably not a good place. > only frustrates me. Should the default be open source, definitely; should binary > drivers be blocked from running on a linux kernel...certainly not. They are not blocked - it is up to the users to decide and live with the consequences. [...] > only to have the rug pulled out from under you. This is what makes the BSDs so > attractive. Why are you then here? Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 76+ messages in thread
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* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) [not found] ` <7yTAS-2IG-25@gated-at.bofh.it> @ 2007-01-02 18:44 ` Bodo Eggert 2007-01-02 20:14 ` David Weinehall 2007-01-02 20:14 ` David Schwartz 0 siblings, 2 replies; 76+ messages in thread From: Bodo Eggert @ 2007-01-02 18:44 UTC (permalink / raw) To: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel David Weinehall <tao@acc.umu.se> wrote: > On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: >> 1) mcdonald's was not merely serving their coffee "hot," but >> *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that >> will produce third-degree burns almost immediately, and > > That's less than 90°C. Water boils at 100°C. How the hell do > people expect coffee to be made without boiling water? Magic? The recommendet _serving_ temperature for coffe is 55 °C or below. >> 2) there had, for a decade prior, been some *700* cases where people >> had burned themselves with mcdonald's coffee, so it's not as if >> mcdonald's was unaware of the danger, yet continued to ignore it. > > No, the customers continued to prove to be total morons by total > ignorance of the fact that coffee *is* hot when fresh. So everybody at McDrive should wait for five minutes to let it cool down. -- Ich danke GMX dafür, die Verwendung meiner Adressen mittels per SPF verbreiteten Lügen zu sabotieren. http://david.woodhou.se/why-not-spf.html ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 18:44 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Bodo Eggert @ 2007-01-02 20:14 ` David Weinehall 2007-01-02 20:14 ` David Schwartz 1 sibling, 0 replies; 76+ messages in thread From: David Weinehall @ 2007-01-02 20:14 UTC (permalink / raw) To: Bodo Eggert Cc: Robert P. J. Day, Theodore Tso, Trent Waddington, Bernd Petrovitsch, Valdis.Kletnieks@vt.edu, Erik Mouw, Giuseppe Bilotta, linux-kernel On Tue, Jan 02, 2007 at 07:44:24PM +0100, Bodo Eggert wrote: > David Weinehall <tao@acc.umu.se> wrote: > > On Tue, Jan 02, 2007 at 08:22:21AM -0500, Robert P. J. Day wrote: > > >> 1) mcdonald's was not merely serving their coffee "hot," but > >> *scalding* hot (180 to 190 degrees Fahrenheit), a temperature that > >> will produce third-degree burns almost immediately, and > > > > That's less than 90°C. Water boils at 100°C. How the hell do > > people expect coffee to be made without boiling water? Magic? > > The recommendet _serving_ temperature for coffe is 55 °C or below. > > >> 2) there had, for a decade prior, been some *700* cases where people > >> had burned themselves with mcdonald's coffee, so it's not as if > >> mcdonald's was unaware of the danger, yet continued to ignore it. > > > > No, the customers continued to prove to be total morons by total > > ignorance of the fact that coffee *is* hot when fresh. > > So everybody at McDrive should wait for five minutes to let it cool down. Don't drink and drive just got another application =) Regards: David -- /) David Weinehall <tao@acc.umu.se> /) Northern lights wander (\ // Maintainer of the v2.0 kernel // Dance across the winter sky // \) http://www.acc.umu.se/~tao/ (/ Full colour fire (/ ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 18:44 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Bodo Eggert 2007-01-02 20:14 ` David Weinehall @ 2007-01-02 20:14 ` David Schwartz 2007-01-02 23:52 ` Brian Beattie 2007-01-03 5:43 ` Valdis.Kletnieks 1 sibling, 2 replies; 76+ messages in thread From: David Schwartz @ 2007-01-02 20:14 UTC (permalink / raw) To: linux-kernel > The recommendet _serving_ temperature for coffe is 55 °C or below. Nonsense! 55C (100F) is ludicrously low for coffee. 70C (125F) is the *minimum* recommended serving temperature. 165-190F is the preferred serving range. I can cite source after source for this. For example: http://www.bunn.com/pages/coffeebasics/cb6holding.html http://www.millcreekcoffee.com/holding.htm Can we stop repeating a ridiculous myth? Coffee is supposed to be served hot, very hot, hot enough to cause third-degree burns in seconds. Yes, really. Don't spill coffee on yourself or you could wind up in the hospital with severe burns. This is a simple fact even if coffee is served at the ideal serving temperature. The fact that coffee is dangerous means that it is a virtual certainty that dozens of people will be seriously burned by coffee every year. If this scares or bothers you, don't drink coffee. >1) mcdonald's was not merely serving their coffee "hot," but >*scalding* hot (180 to 190 degrees Fahrenheit), a temperature that >will produce third-degree burns almost immediately, and Right, 175 is the generally-recommended serving temperature and will also produce third-degree burns almost immediately. Coffee served *anywhere* inside the generally-accepted serving range will cause third degree burns almost immediately. Consumer studies show that people generally like their coffee more the hotter you serve it, with 190-200 degrees (the practical maximum) consistently winning over lower temperature ranges. Car manufacturers make cars that don't just go "fast" but *dangerously* fast (100 to 120 MPH), a speed that can result in death almost immediately. >2) there had, for a decade prior, been some *700* cases where people >had burned themselves with mcdonald's coffee, so it's not as if >mcdonald's was unaware of the danger, yet continued to ignore it. Right, coffee is dangerous. It has always been and always will be if it's served at the proper temperature. Thousands of people hurt themselves skiing every year, yet the resorts stay open. The danger of burns is inherent to the serving of hot beverages. If you don't want to take that risk, don't order hot beverages. How many people die each year in car accidents? Is this in any way evidence that the car manufacturers are doing anything wrong? >yes, the american system of justice is brain-damaged. but it's time >to find another example to use as the evidence, ok? This is a *perfect* example. The tort system is meant to correct wrongdoing. McDonald's served coffee at the temperature customers prefer it, in holders that were perfectly suitable for beverages served at that temperature. The justice system made them pay because someone was *hurt*, not because anyone did something *wrong*. http://www.overlawyered.com/2005/10/urban_legends_and_stella_liebe.html DS ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 20:14 ` David Schwartz @ 2007-01-02 23:52 ` Brian Beattie 2007-01-03 0:43 ` David Schwartz 2007-01-03 5:43 ` Valdis.Kletnieks 1 sibling, 1 reply; 76+ messages in thread From: Brian Beattie @ 2007-01-02 23:52 UTC (permalink / raw) To: davids, linux-kernel On Tue, 2007-01-02 at 12:14 -0800, David Schwartz wrote: > > The recommendet _serving_ temperature for coffe is 55 °C or below. > > Nonsense! 55C (100F) is ludicrously low for coffee. > > 70C (125F) is the *minimum* recommended serving temperature. 165-190F is the > preferred serving range. I can cite source after source for this. For > example: > http://www.bunn.com/pages/coffeebasics/cb6holding.html > http://www.millcreekcoffee.com/holding.htm Do you actually read your citations? Your cited sources both give the SERVING temp as 155 - 175 F. -- Brian Beattie Firmware Engineer APCON, Inc. BrianB@apcon.com ^ permalink raw reply [flat|nested] 76+ messages in thread
* RE: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 23:52 ` Brian Beattie @ 2007-01-03 0:43 ` David Schwartz 0 siblings, 0 replies; 76+ messages in thread From: David Schwartz @ 2007-01-03 0:43 UTC (permalink / raw) To: BrianB, linux-kernel > On Tue, 2007-01-02 at 12:14 -0800, David Schwartz wrote: > > > The recommendet _serving_ temperature for coffe is 55 °C or below. > > > > Nonsense! 55C (100F) is ludicrously low for coffee. > > > > 70C (125F) is the *minimum* recommended serving temperature. > 165-190F is the > > preferred serving range. I can cite source after source for this. For > > example: > > http://www.bunn.com/pages/coffeebasics/cb6holding.html > > http://www.millcreekcoffee.com/holding.htm > > Do you actually read your citations? Your cited sources both give the > SERVING temp as 155 - 175 F. The conversion was incorrect. 70C is about 160F, and 55C is about 130F. As I said in the correction, every number is correct in the unit it was first posted in, and all the claims are correct. 160F is the mininum recommended serving temperature and 165-190F is the preferred range. 130F is a ludicrously low serving temperature for coffee. 180F seems to be about ideal. Stella Liebeck's lawyers argued that coffee should never be served hotter than 140F. This is no different from arguing that knives should be dull. DS ^ permalink raw reply [flat|nested] 76+ messages in thread
* Re: Open letter to Linux kernel developers (was Re: Binary Drivers) 2007-01-02 20:14 ` David Schwartz 2007-01-02 23:52 ` Brian Beattie @ 2007-01-03 5:43 ` Valdis.Kletnieks 1 sibling, 0 replies; 76+ messages in thread From: Valdis.Kletnieks @ 2007-01-03 5:43 UTC (permalink / raw) To: davids; +Cc: linux-kernel [-- Attachment #1: Type: text/plain, Size: 381 bytes --] On Tue, 02 Jan 2007 12:14:54 PST, David Schwartz said: > > > The recommendet _serving_ temperature for coffe is 55 °C or below. > > Nonsense! 55C (100F) is ludicrously low for coffee. > > 70C (125F) is the *minimum* recommended serving temperature. 165-190F is the 100F == 37C 125F == 52C 55C == 131F 70C == 158F Yes, 100F *is* ludicrously low for coffee. :) [-- Attachment #2: Type: application/pgp-signature, Size: 226 bytes --] ^ permalink raw reply [flat|nested] 76+ messages in thread
end of thread, other threads:[~2007-01-04 0:51 UTC | newest]
Thread overview: 76+ messages (download: mbox.gz follow: Atom feed
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2006-12-15 21:20 Binary Drivers James Porter
2006-12-15 21:59 ` Alan
2006-12-15 22:00 ` Jan Engelhardt
2006-12-18 14:31 ` Lennart Sorensen
2006-12-15 22:01 ` Alexey Dobriyan
2006-12-16 1:57 ` Tomas Carnecky
2006-12-16 18:03 ` Jan Engelhardt
2006-12-18 14:34 ` Eric W. Biederman
2006-12-21 16:33 ` Scott Preece
2006-12-21 17:43 ` Erik Mouw
2006-12-21 19:10 ` Tomas Carnecky
[not found] ` <f0e2c5070612211120wa6e3402p2ffb6e1d579a485a@mail.gmail.com>
2006-12-21 19:42 ` Tomas Carnecky
2006-12-21 22:36 ` Dave Neuer
2006-12-21 20:32 ` Eric W. Biederman
2006-12-21 20:18 ` Eric W. Biederman
2006-12-21 22:02 ` Scott Preece
2006-12-21 20:50 ` David Schwartz
2006-12-21 20:58 ` David Lang
2006-12-21 21:20 ` Valdis.Kletnieks
2006-12-21 22:12 ` Scott Preece
2006-12-21 23:20 ` Martin Mares
2006-12-22 0:38 ` Valdis.Kletnieks
2006-12-22 9:47 ` Wolfgang Draxinger
2006-12-23 1:04 ` Horst H. von Brand
2006-12-16 3:56 ` jdow
2006-12-16 4:59 ` Dave Airlie
2006-12-16 8:12 ` Horses and donkeys [Re: Binary Drivers] Pavel Machek
2006-12-16 18:05 ` Jan Engelhardt
2006-12-17 11:44 ` Binary Drivers Geert Uytterhoeven
2006-12-16 8:08 ` Pavel Machek
2006-12-16 9:07 ` Marek Wawrzyczny
2006-12-17 12:17 ` Denis Vlasenko
2006-12-18 21:34 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Hannu Savolainen
2006-12-19 0:10 ` Jesper Juhl
2006-12-20 22:06 ` Giuseppe Bilotta
2006-12-21 0:38 ` Casey Schaufler
2006-12-21 10:17 ` Bernd Petrovitsch
2006-12-21 18:16 ` Valdis.Kletnieks
2006-12-22 11:59 ` Erik Mouw
2006-12-24 6:35 ` Valdis.Kletnieks
2006-12-31 12:41 ` Bernd Petrovitsch
2006-12-31 13:03 ` Trent Waddington
2006-12-31 17:09 ` Alan
2007-01-02 2:42 ` Valdis.Kletnieks
2007-01-02 4:04 ` Valdis.Kletnieks
2007-01-02 5:06 ` David Weinehall
2007-01-02 6:30 ` Trent Waddington
2007-01-02 9:40 ` Bernd Petrovitsch
2007-01-02 11:26 ` Trent Waddington
2007-01-02 12:06 ` Bernd Petrovitsch
2007-01-02 19:23 ` Horst H. von Brand
2007-01-03 8:59 ` Bernd Petrovitsch
2007-01-02 12:50 ` Theodore Tso
2007-01-02 13:22 ` Robert P. J. Day
2007-01-02 15:15 ` David Weinehall
2007-01-02 15:18 ` Jens Axboe
2007-01-02 16:33 ` James Simmons
2007-01-02 17:13 ` Jan Engelhardt
2007-01-02 20:20 ` David Weinehall
2007-01-02 19:30 ` Geert Uytterhoeven
2007-01-02 20:01 ` OT Coffee (was " Valdis.Kletnieks
2007-01-02 20:17 ` Dmitry Torokhov
2007-01-02 23:01 ` David Schwartz
2007-01-03 5:55 ` Valdis.Kletnieks
2007-01-04 0:50 ` David Schwartz
2007-01-02 21:11 ` Neil Brown
2007-01-02 22:26 ` Randy Dunlap
2007-01-02 19:04 ` [OT] Hot coffee (was: Open letter to Linux kernel developers (was Re: Binary Drivers)) Steven Rostedt
2007-01-02 10:40 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Alan
2006-12-18 9:51 ` Binary Drivers Bernd Petrovitsch
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[not found] ` <7y8iz-4ja-11@gated-at.bofh.it>
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[not found] ` <7yTAS-2IG-25@gated-at.bofh.it>
2007-01-02 18:44 ` Open letter to Linux kernel developers (was Re: Binary Drivers) Bodo Eggert
2007-01-02 20:14 ` David Weinehall
2007-01-02 20:14 ` David Schwartz
2007-01-02 23:52 ` Brian Beattie
2007-01-03 0:43 ` David Schwartz
2007-01-03 5:43 ` Valdis.Kletnieks
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