Licensing is the “East coast, West coast” feud of the free open source community.
Nearly everyone is completly full of it, IANAL, or “I anal”, I’m not going to even link that as you probably know what it means already. BSD till I die. How long before Stallman gets shot ? Pimp my kernel. Give my UNIX a bit of shiney lickable bling-bling.
OK, ok, I jest, but if you have been around any open free sauce software project you will have seen something not too dissimiler. Using the Hiphop industry as a metaphor is fairly apt in many ways, but I digress.
Actually I will have to mention the zealots, who really do take it to religious proportions. I guess the more idealistic your goals, the more extreme your devotion.
Given the now obvious anti-Christian and cultish nature of Apple Computers, is it any wonder that they have decided to base their newest operating system on Darwinism? This just reaffirms the position that Darwinism is an inherently anti-Christian philosophy spread through propaganda and subliminal trickery, not a science as its brainwashed followers would have us believe.
It’s true. Computer Science may be an oxymoron. Take for example, Software Engineer.
Anyway, until it’s proven that I am not typing this, I will continue.
Oh go on, one more …
At the end of the appendix he even encourages the reader to switch from IBM compatible computers to Macintoshes, saying that “you can exult in something of the feeling of liberation that may have attended evolution’s great watershed events.” What a ringing endorsement for Apple computers that is!
As you can see, The problem is much worse than we had originally thought as Apple has been aiding and abetting ardent Evolutionists like Dawkins since at least the mid 1980’s.
Well they were hacker back then.
Anyway …
As reported on Undeadly …
After years of encouragement from the OpenBSD community for others to use Reyk Floeter’s free atheros wireless driver, it seems that the Linux world is finally listening. Unfortunately, they seem to think that they can strip the BSD license right out of it.
As Felix explains …
The openbsd atheros (ath(4)) driver made it into the linux kernel. This is good news as apparently the linux people finally see again, that its good to have free drivers around. However, as undeadly reports, they also “changed” the license to GPLv2, while they were at it. (commit message). Oh wait, right, they can’t.
The bit that matters is this bit here …
* Copyright (c) 2004-2007 Reyk Floeter
* Copyright (c) 2006-2007 Nick Kossifidis
*
- * Permission to use, copy, modify, and distribute this software for any
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
You see the last three lines have a “-” at the beginning ?
Those are lines being deleted from the file as it is checked into the software code tree. The really important bit is the bit that goes …
- * purpose with or without fee is hereby granted, provided that the above
- * copyright notice and this permission notice appear in all copies.
- * provided that the above copyright notice
which is …
* Copyright (c) 2004-2007 Reyk Floeter
* Copyright (c) 2006-2007 Nick Kossifidis
… which remains …
and this permission notice appear in all copies.
… which has been removed. Ouch !
He also reminds us that it wasn’t that long ago that the Linux community were accusing them of license violations.
We believe that you might have directly copied code out of bcm43xx (licensed under GPL v2), without our explicit permission, into bcw (licensed under BSD license).
…
We always try to make our stuff as clean as possible too. In fact, I think no other code base out there is as clear of violations as ours.
This is a major problem in our code base.
Yes, this driver has other problems though. To begin with, it does not even run yet, in any sense. Since it is not actual using code, there will be those who argue that the full impact of the GPL does not come to bear yet — noone is “using” the code yet. But beyond that, these types of problem should not exist in our tree. It will be resolved.
Sounds ammicable ?
Don’t you beleive it, it all went downhill from there.
That was actually quite nasty, and I don’t really think anything good came out of that, not for anyone, on either side.
It is interesting to note the simplicity of the BSD license compared to the GNU licenses, ( most notably that the entire BSD license can fit within a Wikipedia article, where as the changes between one GNU license and another takes up more space, ) and that the BSD license has been tested in a court of law. I don’t think this will end up going to court, but the first time the GNU licenses are tested will gain a lot of attention, because really most of it is upheld by goodwill.
There is a degree of pettiness that goes on admittedly, I know few invloved which are immune to some.
Personally I’ve never respected the law enough to care that much, I grew up programming in a time when people talked about releasing software into the public domain, and source code was often available if you asked for it, ( though it might take up several floppies. )
It isn’t just about one license or another though, NetBSD, who also use the BSD license ( and codebase, ) have kept the propriotry version of the same driver, making horrible workarounds to get it in. This has also prompted plenty of discussion of licenses and the like, but I’m hungry, so I’m going to leave it here for now.
UPDATE : I just wanted to say that big endian is the one true byte ordering.
UPDATE : Theo de Raadt passed comment on the dual-licensing issue …
Well, there are two parts to the Atheros driver.
Reyk’s code is *NOT* dual-licensed under the GPL. So there is no issue with Reyk’s code. He has explicitly stated that his code is not dual-licenced. The file have no GPL on them. He’s the author, he said so. None else can add a GPL to it. (No matter how much Luis begs and pleads and whines).
The other part of the driver was written by Sam Leffler. Sam’s code, though, is dual-licenced with a 4-term BSD’ish license (it has only 3 terms, but the wrong term was deleted, and the attribution term was actually strengthened — read the license). The GPL annotation in the licenses says specifically –
* Alternatively, this software may be distributed under the terms of the
* GNU General Public License (”GPL”) version 2 as published by the Free
* Software Foundation.
Note that word “Alternatively”.
That means “or”.
That means that if anyone makes changes to that file and distributes it, after their changes are in the file then EITHER license will apply.
Since it says “Alternatively” / “Or”, we can simply take any of those new changes UNDER THE LICENSE WE PREFER, and commit them to our file which is NOT dual licensed. If they want to use the GPL to restrict our use — that is us, the original authors, see — they should work on seperate files.
Note there are some files out there that don’t use words like “or” or “alternatively” when they mix licenses. One must read what the license says very carefully. Trying to brush everything into the same simple catagories will get you nowhere.
As a commentary, it seems as if many people have tired of the “make my own license” game, and now are playing the “mix licenses in my own way” game. And the “interpret it in the way that is most beneficial to me” game.
UPDATE : There is a good follow up email from Constantine Murenin …
people might be interested to know about the history of the licensing terms of ath(4) in OpenBSD.
OpenBSD’s ath(4) consists of two parts:
1. a driver, copyrighted by Sam Leffler of FreeBSD
2. a HAL, copyrighted by Reyk Floeter of OpenBSD
What Theo explained above concerns the OpenHAL code. OpenHAL is the Linux name for madwifi driver connected with reyk’s entirely free and open source ath(4) HAL code.
Sam originally put a dual BSD/GPL licence onto his driver code.
Reyk always put a BSD-style licence onto his HAL code.
At the time OpenHAL was forked from OpenBSD, OpenBSD’s ath(4) _driver_, but _not the HAL_, was dual licensed.
As already mentioned, OpenBSD’s ath(4) HAL, written by Reyk, was _never_ dual licensed. See the history on /sys/dev/ic/{ar52{10,11,12}{.c,{reg,var}.h},ar5xxx.{c,h}}.
http://www.openbsd.org/cgi-bin/cvsweb/src/sys/dev/ic/#ar5210.c
Few months ago, Sam changed the licence of _his_ code to a 2-clause BSD licence. Sam had every right to do so, because he was and is the only copyright holder of that code, as the licence header of the driver file indicates, in FreeBSD, OpenBSD etc.
http://www.freebsd.org/cgi/cvsweb.cgi/src/sys/dev/ath/if_ath.c#rev1.170
http://www.freshbsd.org/2007/06/06?project=freebsd&committer=sam
Reyk committed Sam’s changes to OpenBSD the same day, so now, OpenBSD’s ath(4) is _entirely_ BSD-licensed, with no alternative licensing available.
http://www.openbsd.org/cgi-bin/cvsweb/src/sys/dev/ic/ath.c#rev1.64
http://www.freshbsd.org/2007/06/06?project=openbsd&committer=reyk
However, what Jiri Slaby does in his diff is simply outrageous. He changes the licensing terms of the code _he does not own_ _at his own will_. A clear copyright violation.
As I can see from that diff on LKML, Jiri Slaby doesn’t even have his name as the copyright holder in many of the ath5k files that he tries to change the licensing terms of. In other files, he is not the only author, so he can’t change the terms unless _all_ other copyright holders agree to the new terms.