Re: Linux GPL and binary module exception clause?

Larry McVoy
2003-12-10T18:38:45Z

On Wed, Dec 10, 2003 at 10:17:34AM -0800, Linus Torvalds wrote:
> > And in the 4 minutes since I've posted that legal doc you have consulted
> > a lawyer and the lawyer told you this, right?
>
> Hey, you know I'm not a lawyer.
>
> I told you my opinion. And I'm not considering even _trying_ to circumvent
> somebody elses copyright.
>
> You are the one who needs a lawyer, since _you_ are the one arguing for
> potentially infringing on other peoples copyright.

I can understand your touchiness, it's not much fun living through tons of
messages where people try and figure out how to circumvent your license.
You have my sympathy.

On the other hand, let's be perfectly clear: I'm not in the business of
making binary kernel extensions/modules/drivers/anything, I never have
been in that business, and neither I nor anyone at BitMover nor any of
our investors are contemplating that. In other words, _I_ am not about
to violate anyone's copyright and I'll thank you not to accuse me of
that again without some data to back it up.

What I am doing is saying that you are way over the line in a way that
other people, who do not have your best interests at heart (nor the
kernel's, nor the FSF's, nor the GPL's), are going to jump all over what
you are saying and use it against you. In multiple ways. They will use
it to say that you are just as bad as they are, you are trying to twist
the system to your advantage to further your agenda. Which is exactly,
I might add, what any corporation does. You've become quite corporate
(aka one-sided) in your outlook recently. If case law is established
that backs up your point of view, it is going to effect all of us in all
sorts of ways that are almost universally negative for everyone except
the corporation inflicting the pain. You may not create case law which
helps your agenda and expect all the nasty folks to not grab at it and
use it to help their agenda. The potential damage that this case law
would inflict dramatically outweighs the benefit of spanking some
company that is shipping a binary driver. Why can't you see it?
Reread Ted's message, he stated it nicely.
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Larry McVoy lm at bitmover.com http://www.bitmover.com/lm