Re: Archives

"Brian F. G. Bidulock" <[email protected]> Tue, 5 Jul 2005 16:35:51 -0600
Newsgroups gmane.linux.kernel.streams
Organization http://www.openss7.org/
Message-ID <[email protected]>
Jody,

On Tue, 05 Jul 2005, Jody Hagins wrote:

> On Fri, 24 Jun 2005 04:04:25 -0600
> "Brian F. G. Bidulock" <[email protected]> wrote:
> 
> 
> > I have assumed maintenance of a GPL'ed release.  The OpenSS7 2.18.1
> > release builds and load against every current 2.4 and 2.6 kernel and
> > linux distribution that I could get my hands on.  I will continue to
> > maintain a GPL'ed release of LiS until our Linux Fast-STREAMS release
> > will serve as a production replacement.  I would prefer to do active
> > development only on Linux Fast-STREAMS for obvious reasons.
> 
> 
> Thanks, Brian.
> 
> Looking at the downloads part of the openss7.org site, there does not
> appear to be a release in more than a year.  Am I looking in the wrong
> place?

No, we haven't publicly released the package in a while.  I was going
to release LiS 2.18.1 several months ago, but after the blast I got over
it, we have only released it (on our CVS archive) to sponsors and
subscribers of the OpenSS7 project.

> 
> 
> > Do take a look at the list archives for the long-winded discussion on
> > licensing (GPL vs LGPL)
> 
> 
> After reading the threads, and the openss7.org site, I have a few
> questions about the licensing restrictions (the debates over the years
> about what the GPL infects are mind numbing).
> 
> Assuming use of your GPL version...
> 
> I can develop any kind of driver, applications, and even modify the
> original.  I can keep all the code internal, and not release any of it
> to anyone under any license.

Yes.  It is widely acknowledged that the GPL applies to "distribution"
and not to "use".

> 
> If I distribute the driver, does it have to be GPL, or can it be
> distributed under something like BSD, or even free, public domain
> licensing?

If you want to distribute your module under a less restrictive license
such as BSD, yet avoid licensing issues regarding GPL, a common practice
is to release under a dual GPL/BSD license.

> 
> What restrictions, if any, are placed on applications that are written
> to use the driver?  Specifically, does the GPL infect everything, or
> does it stop with the driver that I distribute.  If I distribute a
> driver in accordance with your licensing, and someone picks it up and
> uses it to write an application, are they now bound to the GPL by merely
> using the driver and the LiS stack?

Good question.  I am not a lawyer and I do not want to start another
debate.  What follow are my own thoughts on the issues:

Whether your code is affected by the GPL depends on whether it is
"derived" from the GPL'ed code or not.  FSF have their own idea as to
what constitutes a derivative work (just linking code), but it is
inconsistent with jurisprudence.

My own opinion is that, if your STREAMS module or driver, uses only
standard or published technical interfaces from LiS (or Linux
Fast-STREAMS for that matter), such as SVR 4.2 STREAMS ad DDI/DKI
functions, then it would be difficult to call it a "derivative" work of
the GPL'ed code that is merely an implementation of the standard.

If you are porting a STREAMS module from another OS (such as AIX or
Solaris) and stick to the standard interfaces, then it becomes even
harder to construe your module as a "derivative work of the program",
because it exists and operates independent of "the program".

If, on the other hand, you use Linux-specific kernel interfaces (or LiS
wrappers for Linux-specific kernel interfaces), then your module might
very well be a derivative work of the Linux kernel.  If you use
LiS-specific or Linux Fast-STREAMS or OpenSS7-specific functions,
then your module might be a derivative work of LiS or OpenSS7 software.

I am working on releasing a set of compatibility modules for LiS, taken
from Linux Fast-STREAMS that make it even simpler to use only standard
and published interfaces.

If your module is not a derivative work of any software distributed
under GPL, you can probably distribute your module under whatever
terms you like.  A number of large public companies have distributed
Linux kernel modules in binary form only.

If you are worried about a commercial product, OpenSS7 Corporation can
provide a license for commercial use of any OpenSS7 code at a fee.  It
is how the project derives the funding to continue.

--brian

> 
> 
> Thanks!!!
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> [email protected]
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-- 
Brian F. G. Bidulock    ¦ The reasonable man adapts himself to the ¦
[email protected]    ¦ world; the unreasonable one persists in  ¦
http://www.openss7.org/ ¦ trying  to adapt the  world  to himself. ¦
                        ¦ Therefore  all  progress  depends on the ¦
                        ¦ unreasonable man. -- George Bernard Shaw ¦