[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

Hi,

I am just cleaning up cpu/ppc4xx/4xx_pci.c (mainly coding style stuff).
I am wondering about the file's header. I think even when this code comes
initially from IBM there is not much left from original IBM code.

So can we replace the header with the widely used GPL template?
And what about the in-file history? I vote for removing it but of cource
keeping/adding copryright notices from Marc Game and Stefan.

Whow! The file is more than ten years old!

Matthias

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

Hi Matthias,

On Wednesday 08 July 2009 15:40:08 Matthias Fuchs wrote:
> I am just cleaning up cpu/ppc4xx/4xx_pci.c (mainly coding style stuff).
> I am wondering about the file's header. I think even when this code comes
> initially from IBM there is not much left from original IBM code.

Yes, this could be the case.

> So can we replace the header with the widely used GPL template?

I'm not sure here. The paragraph clearly states:

 *       Any person who transfers this source code or any derivative work
 *       must include the IBM copyright notice, this paragraph, and the
 *       preceding two paragraphs in the transferred software.

So even if the current version has not much in common with the original 
version (IIRC cloned from IBM PIBS), we still have to carry it with us. At 
least this is how I interpret it.

> And what about the in-file history? I vote for removing it but of cource
> keeping/adding copryright notices from Marc Game and Stefan.

Yes, removing the in-file history should be done. We have other ways to track 
the file history.

Thanks.

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

On Wednesday 08 July 2009 15:57, Stefan Roese wrote:
> Hi Matthias,
> 
> On Wednesday 08 July 2009 15:40:08 Matthias Fuchs wrote:
> > I am just cleaning up cpu/ppc4xx/4xx_pci.c (mainly coding style stuff).
> > I am wondering about the file's header. I think even when this code comes
> > initially from IBM there is not much left from original IBM code.
> 
> Yes, this could be the case.
> 
> > So can we replace the header with the widely used GPL template?
> 
> I'm not sure here. The paragraph clearly states:
> 
>  *       Any person who transfers this source code or any derivative work
>  *       must include the IBM copyright notice, this paragraph, and the
>  *       preceding two paragraphs in the transferred software.
> 
> So even if the current version has not much in common with the original 
> version (IIRC cloned from IBM PIBS), we still have to carry it with us. At 
> least this is how I interpret it.
But we could prepend the typical header which brings us to something like this:

/*
 * (C) Copyright 1998, Mark Game
 * (C) Copyright 1995, IBM Corporation
 *
 * See file CREDITS for list of people who contributed to this
 * project.
 *
 * This program is free software; you can redistribute it and/or
 * modify it under the terms of the GNU General Public License as
 * published by the Free Software Foundation; either version 2 of
 * the License, or (at your option) any later version.
 *
 * This program is distributed in the hope that it will be useful,
 * but WITHOUT ANY WARRANTY; without even the implied warranty of
 * MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
 * GNU General Public License for more details.
 *
 * You should have received a copy of the GNU General Public License
 * along with this program; if not, write to the Free Software
 * Foundation, Inc., 59 Temple Place, Suite 330, Boston,
 * MA 02111-1307 USA
 *
 *
 * This source code has been made available to you by IBM on an AS-IS
 * basis.  Anyone receiving this source is licensed under IBM
 * copyrights to use it in any way he or she deems fit, including
 * copying it, modifying it, compiling it, and redistributing it either
 * with or without modifications.  No license under IBM patents or
 * patent applications is to be implied by the copyright license.
 *
 * Any user of this software should understand that IBM cannot provide
 * technical support for this software and will not be responsible for
 * any consequences resulting from the use of this software.
 *
 * Any person who transfers this source code or any derivative work
 * must include the IBM copyright notice, this paragraph, and the
 * preceding two paragraphs in the transferred software.
 */


> 
> > And what about the in-file history? I vote for removing it but of cource
> > keeping/adding copryright notices from Marc Game and Stefan.
> 
> Yes, removing the in-file history should be done. We have other ways to track 
> the file history.
Fine.

Matthias

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

On Wednesday 08 July 2009 16:21:51 Matthias Fuchs wrote:
> > > So can we replace the header with the widely used GPL template?
> >
> > I'm not sure here. The paragraph clearly states:
> >
> >  *       Any person who transfers this source code or any derivative work
> >  *       must include the IBM copyright notice, this paragraph, and the
> >  *       preceding two paragraphs in the transferred software.
> >
> > So even if the current version has not much in common with the original
> > version (IIRC cloned from IBM PIBS), we still have to carry it with us.
> > At least this is how I interpret it.
>
> But we could prepend the typical header which brings us to something like
> this:
>
> /*
>  * (C) Copyright 1998, Mark Game
>  * (C) Copyright 1995, IBM Corporation
>  *
>  * See file CREDITS for list of people who contributed to this
>  * project.
>  *
>  * This program is free software; you can redistribute it and/or
>  * modify it under the terms of the GNU General Public License as
>  * published by the Free Software Foundation; either version 2 of
>  * the License, or (at your option) any later version.
>  *
>  * This program is distributed in the hope that it will be useful,
>  * but WITHOUT ANY WARRANTY; without even the implied warranty of
>  * MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
>  * GNU General Public License for more details.
>  *
>  * You should have received a copy of the GNU General Public License
>  * along with this program; if not, write to the Free Software
>  * Foundation, Inc., 59 Temple Place, Suite 330, Boston,
>  * MA 02111-1307 USA
>  *
>  *
>  * This source code has been made available to you by IBM on an AS-IS
>  * basis.  Anyone receiving this source is licensed under IBM
>  * copyrights to use it in any way he or she deems fit, including
>  * copying it, modifying it, compiling it, and redistributing it either
>  * with or without modifications.  No license under IBM patents or
>  * patent applications is to be implied by the copyright license.
>  *
>  * Any user of this software should understand that IBM cannot provide
>  * technical support for this software and will not be responsible for
>  * any consequences resulting from the use of this software.
>  *
>  * Any person who transfers this source code or any derivative work
>  * must include the IBM copyright notice, this paragraph, and the
>  * preceding two paragraphs in the transferred software.
>  */

This should be ok. If nobody else opposes, please go ahead and send you 
cleanup patch.

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Wolfgang Denk]

Dear Matthias Fuchs,

In message <200907081621.51898.matthias.fuchs@esd.eu> you wrote:
>
> > On Wednesday 08 July 2009 15:40:08 Matthias Fuchs wrote:
> > > I am just cleaning up cpu/ppc4xx/4xx_pci.c (mainly coding style stuff).
> > > I am wondering about the file's header. I think even when this code comes
> > > initially from IBM there is not much left from original IBM code.
> > 
> > Yes, this could be the case.
> > 
> > > So can we replace the header with the widely used GPL template?
> > 
> > I'm not sure here. The paragraph clearly states:
> > 
> >  *       Any person who transfers this source code or any derivative work
> >  *       must include the IBM copyright notice, this paragraph, and the
> >  *       preceding two paragraphs in the transferred software.
> > 
> > So even if the current version has not much in common with the original 
> > version (IIRC cloned from IBM PIBS), we still have to carry it with us. At 
> > least this is how I interpret it.
> But we could prepend the typical header which brings us to something like this:

You could do it, but you  are  eventually  not  permitted  to  do  it
legally.

The fact that you "must include the IBM copyright notice, this
paragraph, and the preceding two paragraphs in the transferred
software" may or may not be compatible with GPL - IANAL...

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: wd at denx.de
"The whole world is about three drinks behind."     - Humphrey Bogart

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Robin Getz]

On Wed 8 Jul 2009 11:51, Wolfgang Denk pondered:
> > But we could prepend the typical header which brings us to something
> like this:
> 
> You could do it, but you  are  eventually  not  permitted  to  do  it
> legally.
> 
> The fact that you "must include the IBM copyright notice, this
> paragraph, and the preceding two paragraphs in the transferred
> software" may or may not be compatible with GPL - IANAL...


GPLv2 (http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt) states:
> 6. [snip] You may not impose any further restrictions on the recipients'
>   exercise of the rights granted herein. [snip]

I think that is pretty clear. The IBM notice is not GPL2 compatible - since it 
places additional restrictions on the end user.

In fact, in looking closer - the patent license are completely incompatible...

IBM:
 >  * No license under IBM patents or
 >  * patent applications is to be implied by the copyright license.

GPLv2:
 > if a patent license would not permit royalty-free redistribution of the 
 > Program by all those who receive copies directly or indirectly through
 > you, then the only way you could satisfy both it and this License would
 > be to refrain entirely from distribution of the Program.    

However - your milage may vary - I'm not a lawyer - Anyone who looks to 
technical mailing lists for licensing compatibility questions is going to get 
bad advice. This may be one of those times...


-Robin

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

Hi,

> Dear Matthias Fuchs,
> 
> In message <200907081621.51898.matthias.fuchs@esd.eu> you wrote:
> >
> > > On Wednesday 08 July 2009 15:40:08 Matthias Fuchs wrote:
> > > > I am just cleaning up cpu/ppc4xx/4xx_pci.c (mainly coding style stuff).
> > > > I am wondering about the file's header. I think even when this code comes
> > > > initially from IBM there is not much left from original IBM code.
> > > 
> > > Yes, this could be the case.
> > > 
> > > > So can we replace the header with the widely used GPL template?
> > > 
> > > I'm not sure here. The paragraph clearly states:
> > > 
> > >  *       Any person who transfers this source code or any derivative work
> > >  *       must include the IBM copyright notice, this paragraph, and the
> > >  *       preceding two paragraphs in the transferred software.
> > > 
> > > So even if the current version has not much in common with the original 
> > > version (IIRC cloned from IBM PIBS), we still have to carry it with us. At 
> > > least this is how I interpret it.
> > But we could prepend the typical header which brings us to something like this:
> 
> You could do it, but you  are  eventually  not  permitted  to  do  it
> legally.
> 
> The fact that you "must include the IBM copyright notice, this
> paragraph, and the preceding two paragraphs in the transferred
> software" may or may not be compatible with GPL - IANAL...

Same with me. I cannot understand how maybe-GPL-incompatable 
sources can be part of U-Boot. This file is not the only one.
Also the top level README says that the sources are under the GPL.
So does it even play any role when the GPL lines are not contained in some files?
Isn't it enough to have the licence of the whole project mentioned once?

To be on the legal side, I will keep the GPL note off this file.
Same with me. IANAL. And I am not very motivated to become one sooner or later.

Matthias

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Wolfgang Denk]

Dear Matthias Fuchs,

In message <200907082024.37153.matthias.fuchs@esd-electronics.com> you wrote:
>
> Same with me. I cannot understand how maybe-GPL-incompatable 
> sources can be part of U-Boot. This file is not the only one.

We are aware of this. See commit 78237df5.

> So does it even play any role when the GPL lines are not contained in some files?

As you just saw yourself: yes, it does play a role. Just by placing a
file with some  incompatible  license  in  a  directory  with  a  GPL
"COPYING"  file  doesn't change the rights you have with the oroginal
code...

> Isn't it enough to have the licence of the whole project mentioned once?

As you see: no.

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: wd at denx.de
Calm down, it's *__only* ones and zeroes.

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

ok, to come back to the technical side:

Do we have some old PPCBoot CVS accessible somewhere? I want to find out
what exactly is covers by the IBM license.

That can't be much.

Matthias

> Dear Matthias Fuchs,
> 
> In message <200907082024.37153.matthias.fuchs@esd-electronics.com> you wrote:
> >
> > Same with me. I cannot understand how maybe-GPL-incompatable 
> > sources can be part of U-Boot. This file is not the only one.
> 
> We are aware of this. See commit 78237df5.
> 
> > So does it even play any role when the GPL lines are not contained in some files?
> 
> As you just saw yourself: yes, it does play a role. Just by placing a
> file with some  incompatible  license  in  a  directory  with  a  GPL
> "COPYING"  file  doesn't change the rights you have with the oroginal
> code...
> 
> > Isn't it enough to have the licence of the whole project mentioned once?
> 
> As you see: no.
> 
> Best regards,
> 
> Wolfgang Denk
> 

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Wolfgang Denk]

Dear Matthias Fuchs,

In message <200907082251.27180.matthias.fuchs@esd-electronics.com> you wrote:
> 
> Do we have some old PPCBoot CVS accessible somewhere? I want to find out
> what exactly is covers by the IBM license.

Sure. See http://sourceforge.net/projects/ppcboot/develop

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: wd at denx.de
"There's always been Tower of Babel sort of  bickering  inside  Unix,
but  this  is the most extreme form ever. This means at least several
years of confusion." - Bill Gates, founder and chairman of Microsoft,
about the Open Systems Foundation

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

Hi,

On Wednesday 08 July 2009 22:57, Wolfgang Denk wrote:
> Dear Matthias Fuchs,
> 
> In message <200907082251.27180.matthias.fuchs@esd-electronics.com> you wrote:
> > 
> > Do we have some old PPCBoot CVS accessible somewhere? I want to find out
> > what exactly is covers by the IBM license.
> 
> Sure. See http://sourceforge.net/projects/ppcboot/develop
> 
> Best regards,
> 
> Wolfgang Denk
> 
I just checked the nine years old initial version of 405gp_pci.c:

http://ppcboot.cvs.sourceforge.net/viewvc/ppcboot/ppcboot/cpu/ppc4xx/405gp_pci.c?revision=1.1&view=markup

I do not see that this file has anything in common with the current 4xx_pci.c code!
One could say that setting up the PMM registes looks a little as is comes
from the old IBM code, but can writing zeros into some registers really stop us from
cleaning up this license issue?

If so, I see no way to reach the GPL cleanup goal.

I will submit a cleanup patch for the 4xx_pci.c when we are common in this point.
I also request "Ack-bys" at least from you and Stefan on my patch to not have one
foot in the grave :-)

Matthias

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

On Thursday 09 July 2009 10:44:13 Matthias Fuchs wrote:
> I just checked the nine years old initial version of 405gp_pci.c:
>
> http://ppcboot.cvs.sourceforge.net/viewvc/ppcboot/ppcboot/cpu/ppc4xx/405gp_
>pci.c?revision=1.1&view=markup
>
> I do not see that this file has anything in common with the current
> 4xx_pci.c code! One could say that setting up the PMM registes looks a
> little as is comes from the old IBM code, but can writing zeros into some
> registers really stop us from cleaning up this license issue?

Yes, those files don't have much in common any more. Only some comments (which 
could be removed or rewritten) and and the sequence of some register 
initialisation. But again, IANAL and I don't really know if we can remove the 
IBM header with such a history.

> If so, I see no way to reach the GPL cleanup goal.
>
> I will submit a cleanup patch for the 4xx_pci.c when we are common in this
> point. I also request "Ack-bys" at least from you and Stefan on my patch to
> not have one foot in the grave :-)

Heh, don't be such a coward! No risk, no fun! ;)

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

On Thursday 09 July 2009 11:00, Stefan Roese wrote:
> On Thursday 09 July 2009 10:44:13 Matthias Fuchs wrote:
> > I just checked the nine years old initial version of 405gp_pci.c:
> >
> > http://ppcboot.cvs.sourceforge.net/viewvc/ppcboot/ppcboot/cpu/ppc4xx/405gp_
> >pci.c?revision=1.1&view=markup
> >
> > I do not see that this file has anything in common with the current
> > 4xx_pci.c code! One could say that setting up the PMM registes looks a
> > little as is comes from the old IBM code, but can writing zeros into some
> > registers really stop us from cleaning up this license issue?
> 
> Yes, those files don't have much in common any more. Only some comments (which 
> could be removed or rewritten) and and the sequence of some register 
> initialisation. But again, IANAL and I don't really know if we can remove the 
> IBM header with such a history.
It seems nobody is a lawyer! So I think this issue cannot be solved by 
the U-boot community and therefore the only way seems to be the removal
of this file in August as stated in the feature-removal plan.

I will not start cleaning up this file as it seems to be a waste of
time when the file will be removed in August.

Stefan, how do you plan to reach the August goal?

> > If so, I see no way to reach the GPL cleanup goal.
> >
> > I will submit a cleanup patch for the 4xx_pci.c when we are common in this
> > point. I also request "Ack-bys" at least from you and Stefan on my patch to
> > not have one foot in the grave :-)
> 
> Heh, don't be such a coward! No risk, no fun! ;)
When I go through my posting I must admit that I never said IANAL.
But many others did. Perhaps we can setup an open source developer jail
where everything is allowed because they cannot put you deeper in jail :-)

Matthias

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

On Thursday 09 July 2009 11:24:39 Matthias Fuchs wrote:
> > Yes, those files don't have much in common any more. Only some comments
> > (which could be removed or rewritten) and and the sequence of some
> > register initialisation. But again, IANAL and I don't really know if we
> > can remove the IBM header with such a history.
>
> It seems nobody is a lawyer! So I think this issue cannot be solved by
> the U-boot community and therefore the only way seems to be the removal
> of this file in August as stated in the feature-removal plan.
>
> I will not start cleaning up this file as it seems to be a waste of
> time when the file will be removed in August.
>
> Stefan, how do you plan to reach the August goal?

I just realised in this thread that this IBM license is incompatible with the 
GPL. So it's new to me. And even worse, it doesn't only affect the PCI code 
but also the 4xx EMAC code.

So if we have to really remove all the code with this IBM header, 4xx support 
will be in really bad shape. :-(

So it's even more important to know, if such files as this 4xx PCI code, which 
has nearly nothing in common with the original IBM code, can move to GPL. Not 
sure how to solve this issue though. Perhaps we should ask somebody at IBM?

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Wolfgang Denk]

Dear Stefan Roese,

In message <200907091151.51598.sr@denx.de> you wrote:
>
> So it's even more important to know, if such files as this 4xx PCI code, which 
> has nearly nothing in common with the original IBM code, can move to GPL. Not 
> sure how to solve this issue though. Perhaps we should ask somebody at IBM?

Try it, but don;t expect answers before next year ;-)

BTW - what's the situation with the corresponding Linux headers?

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: wd at denx.de
Murder is contrary to the laws of man and God.
	-- M-5 Computer, "The Ultimate Computer", stardate 4731.3

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

On Thursday 09 July 2009 12:10:10 Wolfgang Denk wrote:
> > So it's even more important to know, if such files as this 4xx PCI code,
> > which has nearly nothing in common with the original IBM code, can move
> > to GPL. Not sure how to solve this issue though. Perhaps we should ask
> > somebody at IBM?
>
> Try it, but don;t expect answers before next year ;-)
>
> BTW - what's the situation with the corresponding Linux headers?

The Linux code is completely different here. I based my 4xx code in my first 
U-Boot port on the IBM PIBS code and not Linux.

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Wolfgang Denk]

Dear Stefan Roese,

In message <200907091215.59930.sr@denx.de> you wrote:
>
> > BTW - what's the situation with the corresponding Linux headers?
> 
> The Linux code is completely different here. I based my 4xx code in my first 
> U-Boot port on the IBM PIBS code and not Linux.

Then maybe we can import the relevant stuff from Linux?

Best regards,

Wolfgang Denk

-- 
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: (+49)-8142-66989-10 Fax: (+49)-8142-66989-80 Email: wd at denx.de
Teenagers are people who express a burning desire to be different by
dressing exactly alike.
There are some strings. They're just not attached.

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

On Thursday 09 July 2009 14:20:40 Wolfgang Denk wrote:
> > > BTW - what's the situation with the corresponding Linux headers?
> >
> > The Linux code is completely different here. I based my 4xx code in my
> > first U-Boot port on the IBM PIBS code and not Linux.
>
> Then maybe we can import the relevant stuff from Linux?

Sure, we could. But as you may understand this is a quite big task. And 
looking closer, even start.S and many 4xx related headers have this IBM 
header. :-(

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Matthias Fuchs]

Did you have a look into include ppc440.h?

It contains the "old" IBM copyright and (!!!) a GPL header with
copyrights from five IBM people.

Hmm, does this bring us any further?

Matthias

On Thursday 09 July 2009 11:51, Stefan Roese wrote:
> On Thursday 09 July 2009 11:24:39 Matthias Fuchs wrote:
> > > Yes, those files don't have much in common any more. Only some comments
> > > (which could be removed or rewritten) and and the sequence of some
> > > register initialisation. But again, IANAL and I don't really know if we
> > > can remove the IBM header with such a history.
> >
> > It seems nobody is a lawyer! So I think this issue cannot be solved by
> > the U-boot community and therefore the only way seems to be the removal
> > of this file in August as stated in the feature-removal plan.
> >
> > I will not start cleaning up this file as it seems to be a waste of
> > time when the file will be removed in August.
> >
> > Stefan, how do you plan to reach the August goal?
> 
> I just realised in this thread that this IBM license is incompatible with the 
> GPL. So it's new to me. And even worse, it doesn't only affect the PCI code 
> but also the 4xx EMAC code.
> 
> So if we have to really remove all the code with this IBM header, 4xx support 
> will be in really bad shape. :-(
> 
> So it's even more important to know, if such files as this 4xx PCI code, which 
> has nearly nothing in common with the original IBM code, can move to GPL. Not 
> sure how to solve this issue though. Perhaps we should ask somebody at IBM?
> 
> Best regards,
> Stefan
> 
> =====================================================================
> DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
> HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
> Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
> =====================================================================
> _______________________________________________
> U-Boot mailing list
> U-Boot at lists.denx.de
> http://lists.denx.de/mailman/listinfo/u-boot
> 
> 

-- 
-------------------------------------------------------------------------
Dipl.-Ing. Matthias Fuchs
Head of System Design

esd electronic system design gmbh
Vahrenwalder Str. 207 - 30165 Hannover - GERMANY
Phone: +49-511-37298-0 - Fax: +49-511-37298-68
Please visit our homepage http://www.esd.eu
Quality Products - Made in Germany
-------------------------------------------------------------------------
Gesch?ftsf?hrer: Klaus Detering, Dr. Werner Schulze
Amtsgericht Hannover HRB 51373 - VAT-ID DE 115672832
-------------------------------------------------------------------------

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Stefan Roese]

On Tuesday 21 July 2009 13:42:57 Matthias Fuchs wrote:
> Did you have a look into include ppc440.h?
>
> It contains the "old" IBM copyright and (!!!) a GPL header with
> copyrights from five IBM people.
>
> Hmm, does this bring us any further?

Not really. This GPL header was added later with this patch:

c46f53333b22b1f9098676bea8884fc7db820cf3:

    Add definitions for 440EPx/GRx SDRAM controller to ppc440.h
    
    This patch adds the Denali SDRAM controller definitions to "ppc440.h".
    It also fixes two typos in the definitions, so the board-specific
    "sdram.h" files containing these definitions are also fixed to avoid
    compiler warnings.
    
    Signed-off-by: Larry Johnson <lrj@acm.org>

So it was not available in the original version. And the addition of is 
probably in conflict with the IBM header. So the situation didn't change I'm 
afraid. :-(

Best regards,
Stefan

=====================================================================
DENX Software Engineering GmbH,     MD: Wolfgang Denk & Detlev Zundel
HRB 165235 Munich, Office: Kirchenstr.5, D-82194 Groebenzell, Germany
Phone: +49-8142-66989-0 Fax: +49-8142-66989-80  Email: office at denx.de
=====================================================================

[U-Boot] Copyright/License text in cpu/ppc4xx/4xx_pci.c

[Scott McNutt]

Gentlemen,

First, my apologies for ignoring this thread for so long.

As I recall, I was the person that added this file to ppcboot
almost 7 years ago when I added the first Book E support.

Matthias Fuchs wrote:
> Did you have a look into include ppc440.h?

I took a pretty close look. There's still considerable
original content in the current file. But the amount
doesn't matter, it's a derivative work, period.

> It contains the "old" IBM copyright and (!!!) a GPL header with
> copyrights from five IBM people.
> 
> Hmm, does this bring us any further?


I don't see any incompatibility with GPL here ... nor did I see
any issues 7 years ago. The clause,

   "No license under IBM patents or patent applications is
   to be implied by the copyright license."

does not throw a monkey wrench into u-boot as the "royalty-free
redistribution" of the _code_ is not affected. In fact, the
IBM notice clearly states:

   "Anyone receiving this source is licensed under IBM
   copyrights to use it in any way he or she deems fit,
   including copying it, modifying it, compiling it, and
   redistributing it either with or without modifications."

IBM is simply making it clear that the copyright does not
imply coverage of their patented or patent-pending inventions
and/or processes (i.e. that copyright applies only to the
code).

In any case, I appreciate these discussions -- they are vital
to maintaining a "clean" household and help improve our overall
discipline ... which can wane from time to time.

Regards,
--Scott