[Ksummit-discuss] [CORE TOPIC] GPL defense issues
James Bottomley
James.Bottomley at HansenPartnership.com
Thu Aug 25 20:20:00 UTC 2016
On Fri, 2016-08-26 at 06:03 +1000, Dave Airlie wrote:
> On 25 August 2016 at 17:03, Josh Triplett <josh at joshtriplett.org>
> > - 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.)
>
> Oh I really wish someone could answer that. I hate _GPL as I believe
> it makes it legal to create GPL modules with MODULE_LICENSE, when
> really they violate the license just as much if not more. If
> something isn't a derivate work for MODULE_LICENSE, but using one
> _GPL work somehow makes it one, is insane.
Well, having talked to some corporations who are fast and loose with
kernel modules: They fear accessing the GPL symbols (by lying about
their module licence) because, in the US, their lawyers have advised
them that this could be construed as circumventing a technological
protection mechanism under the DMCA.
I'm not sure I believe that pushing symbols to become GPL only helps
because the lawyers now seem to think that open source shims which give
access to the symbols are generally OK.
> Although I can't attend this year, I think there should be less stop
> energy from the senior developers, and more discussion in the only
> place it's probably safe to discuss this, in a closed room with no
> press, I'm nearly sure this is one of the reasons KS existed in the
> first place to have unreportable discussions.
>
> Everyone who stays in the room can later drink heavily and deny any
> knowledge of having been there.
That's about what we did last year.
Just on that, I would like to remind everyone that last year, we did
something fairly similar to what's being proposed and the sky didn't
fall ... there may have been a few irritated corporations, but there
weren't huge consequences.
What I think last year demonstrated was that we could use the forum of
the KS to have a useful dissemination of information and I think it's
got to be better than simply refusing to talk about it.
James
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