[clug] The GPL and kernel modules
Paul Wayper
paul.wayper at anu.edu.au
Wed Jun 21 01:48:20 GMT 2006
Chris Smart wrote:
> I had often thought that the idea of freedom was somewhat contradictory
> in terms of the GPL because I thought it was about ensuring that people
> have the freedom to do whatever they want with the software (i.e, there
> are no restrictions on what you can and can't do). But then I thought,
> I'm not really free if what I want to do is to incorporate it with
> non-free software. Shouldn't I be allowed to use the software as I
> desire without restriction?
>
I was thinking about this, specifically in relation to the points you've
raised on kororaa.org about including binary-only video card kernel
modules with Kororaa. And I was also thinking about how many people are
saying "well, the arguments of the FSF, or Wasabi Systems, or whoever,
are all very well, but they're just opinions - until it goes to court
and a judge decides on it, then we don't really know what's going to
happen." I had two observations on this.
One is that what I _don't_ see is the FSF badgering nVidia and ATI, or
taking them to court, over 'violating the GPL' by distributing
binary-only drivers. Nor (to my knowledge) are they badgering the Livna
repository owners, for instance, for distributing binary-only RPM
packages of the kernel modules for Fedora Core. The FSF is quite happy
to say to a distributor (Kororaa) that they should uphold the spirit of
the GPL as they see it, but they're certainly not actually going to
court to sort this issue out with the actual offenders.
Two is the more philosophical point that sorting these things out in
court seems a stupid, backward way of doing things. It's highly
influenced by how much money each party has - i.e. what calibre of
lawyers and legal research it can bring to the case. It's highly
influenced by the judge and the pitch of each team and what precedents
they might have to hand then and there. It's like saying that the only
way to settle a border dispute is for two nations to go to war. Surely
there's a more positive, pro-active way to reach an agreement on the
actual use of the license?
(I actually don't understand why nVidia and ATI and so forth haven't
just come forward with the source code for their kernel modules anyway.
It's not like the API for things like DirectX and OpenGL are
particularly secret, and that's (to a greater or lesser degree) what
their Windows drivers are implementing. All their competitors will have
disassembled their drivers anyway, so it's not like their raw hardware
interface is either particularly interesting or secret. And who bashes
on raw hardware these days anyway? Are there any software secrets that
this source code is particularly protecting? Surely the secrets are all
in the hardware anyway...)
It seems to me that the fundamental issue with developing on GPLed code
is it really is an "all or nothing" approach - either you share your
code, or you don't use the GPLed code at all. Which is not necessarily
a bad thing, as the Linux kernel has proved: the fundamental fallacy
that Wasabi Systems falls for is that giving away your code somehow
makes you unable to sell it as well. And despite Sarbanes-Oxley and the
already strict terms of the GPL, the Sony rootkit has shown that
companies are still copying GPL and other open source code knowingly -
sabre-rattling from the FSF at small distributors is nothing if the big
violators are still settling out of court and going on to violate the
GPL elsewhere...
JM2CW,
Paul
P.S. By Torvalds, another 'short post' which turns out to be five
paragraphs. What the hell is wrong with me?
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