[Ksummit-discuss] [CORE TOPIC] GPL defense issues
Josh Triplett
josh at joshtriplett.org
Thu Aug 25 07:03:38 UTC 2016
On Thu, Aug 25, 2016 at 02:37:07AM -0400, Theodore Ts'o wrote:
> On Wed, Aug 24, 2016 at 09:06:19PM -0700, Bradley M. Kuhn wrote:
> > I work for an organization that holds copyrights in Linux, and Conservancy
> > furthermore coordinates a coalition of developers who signed agreements
> > asking us to enforce their copyrights. We also have embedded device users
> > writing us weekly asking us to please get the Linux sources for their
> > devices. We have a huge mandate, and we're going to enforce (always adhering
> > to the Principles of Community-Oriented Enforcement, of course).
>
> Bradley,
>
> If the Conservancy is going to do what it's going to do, it's not
> clear what's the purpose of having a discussion.
>
> Having a debate implies that there is a question on the floor, and to
> date it's not clear what the question or questions would be. Yes,
> it's clear what you and Karen have proposed as the *topic*, and the
> Conservancy's positions aren't really a secret --- but that's not a
> debatable question; it's not a specific proposal that could be
> examined.
A few possibilities:
- What's the right way to handle enforcement? (The most general version
of this question has no hope of consensus, but I suspect we could
fairly easily reach consensus about what we don't want to see people
doing, for instance.)
- What (if anything) do we do in response to the "wrong" way to handle
enforcement? Would we ever have a response at the kernel level,
rather than just within a maintainer team (as happened with
netfilter)? Is there a line where we'd stop taking patches from
someone because they've created problems in the legal arena? Where is
that line?
- Do any of our current development procedures make enforcement easier
or harder?
- Could we incorporate anything into our development procedures that
improves the situation, analogous to the DCO? (Not suggesting a live
brainstorming session, but rather suggesting that if a concrete
proposal exists for such a change, Kernel Summit seems like the place
to discuss it.)
- EXPORT_SYMBOL_GPL and MODULE_LICENSE. I know that some history exists
suggesting that they've helped with some cases. Do they potentially
make enforcement more difficult, though? (This also includes informal
or internal enforcement/compliance efforts; for instance,
EXPORT_SYMBOL_GPL may provide a supporting argument for such efforts,
but conversely EXPORT_SYMBOL may then hinder such efforts.)
- A recent proposal (with patch) suggested adding an additional
(GPL-compatible) license to the table of licenses in MODULE_LICENSE.
Should that happen? Would it make sense to use a different approach
in MODULE_LICENSE, such as just "GPL-compatible" or "GPL and
additional rights"? Would any of the possible approaches there cause
problems?
Some of these questions may potentially work better on a mailing list;
some of them seem like good topics for in-person discussion, especially
if there's research or answers that friendly legal experts could
provide.
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