I guess we should all be aware of this <posted on Linux-kernel> > I'm sure all of you are aware of the "Halloween Document", URLS: > > http://www.tuxedo.org/~esr/halloween.html > http://www.news.com/News/Item/0,4,28215,00.html?st.ne.ni.lh > > Given the attention of Microsoft, I think it would be prudent if > the Linux kernel was reviewed for compliance with the GPL. Having > read some of the .c files in kernels as recent as 2.1.122, I am > under the impression that not all of the source code in the > distribution is in fact GPL'd and that which isn't would be in > direct conflict of the GPL itself. If I was a legal eagle, I might > have more idea about whether or not that's grounds for a case, and > if so, who would be in a position to take such action. > > To give you an example, the first .c file I looked at was kernel/dma.c > which has the following: > > /* $Id: dma.c,v 1.7 1994/12/28 03:35:33 root Exp root $ > * linux/kernel/dma.c: A DMA channel allocator. Inspired by > linux/kernel/irq.c. > * > * Written by Hennus Bergman, 1992. > * > * 1994/12/26: Changes by Alex Nash to fix a minor bug in /proc/dma. > * In the previous version the reported device could end up being wrong, > * if a device requested a DMA channel that was already in use. > * [It also happened to remove the sizeof(char *) == sizeof(int) > * assumption introduced because of those /proc/dma patches. -- Hennus] > */ > > To me this implies that "Hennus Bergman" wrote that file and hence owns > the copyright to it and that the file is not in fact placed under GPL. > > A quick count reveals 4000+ files in the linux kernel source tree, with > around 1000 actually having the word "GNU" in them. Some 300 or so > have the word "GPL" in them. > > Whilst this might be just a "nit", if I were part of Linux and with Linux > coming under the spotlight more and more, I would think it prudent for all > involved if any anonmalies were quickly resolved. I don't think comments > such as the following are particularly "bright": > > * This code is heavily based on the code on the old ip_fw.c code; see below > for > * copyrights and attributions of the old code. This code is basically GPL. > > Reading later down in the file, it clearly contains a different license > to the GPL which is in fact against the license - unless permission has > been granted by the FSF for such to be allowed (in which case it would > probably be prudent to mention that somewhere). > > To me, this indicates that all current, distributed, versions of Linux > are in fact in contradiction to the GPL license. > > I don't mean to start a flame war, but if I was Microsoft and I was looking > for a way to take Linux out of the picture, this might (somehow) provide > them with the necessary first step. I don't want to see that any more than > anyone else here. I think a new release of 2.0 and 2.1 needs to be made > with at least the required corrections as suggested by the file "COPYING" > in the root Linux kernel source code directory. > > Again, I'm not trying to pick a fight, _we_ all know what it meant to mean, > but we're not lawyers and if they can get OJ freed, then perhaps they could > argue Linux (as it is now) contradicts its own license. As for what that > means, who knows ? > > Darren > > - > To unsubscribe from this list: send the line "unsubscribe linux-kernel" in > the body of a message to [EMAIL PROTECTED] > Please read the FAQ at http://www.tux.org/lkml/ >
/* Paul Duncan [EMAIL PROTECTED] Indifference will be the downfall http://www.efn.org/~p_duncan of humanity, but who cares? - fortune "in short, all known bugs should be "I'm to blame; I wonder just who fixed, but hey, what else is new?" made the rules up for this game." - Linus Torvalds - nine inch nails */ --- Jonathan Lawson Thermal Processes Unit Department of Applied Energy and Optical Diagnostics School of Mechanical Engineering, Cranfield University, Cranfield, Bedford. UK. email [EMAIL PROTECTED] How beautiful upon the mountains are the feet of him that bringeth good tidings, that publisheth peace; that bringeth good tidings of good, that publisheth salvation; that saith unto Zion, Thy God reigneth! Isaiah 52:7
