Aw: Re: The patents and license issue from microsoft regarding SMB implementation(GPL)

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> Gesendet: Mittwoch, 28. Januar 2015 um 15:07 Uhr
> Von: Simo <simo at samba.org>
> An: "Namjae Jeon" <namjae.jeon at samsung.com>
> Cc: linux-cifs at vger.kernel.org, samba-technical at lists.samba.org
> Betreff: Re: The patents and license issue from microsoft regarding SMB implementation(GPL)
>
> On Wed, 2015-01-28 at 11:24 +0900, Namjae Jeon wrote:
> > Hi Folks,
> > 
> > I am planning to develop smb server for Linux kernel.
> > Before starting on implemntation, want to clear patent related issue
> > to know if it is legal to develop or not.
> 

legal : maybe - without sign patent licenses agreements : allmost not.

> I have no idea about legal implications, and you'll get no answers here
> for sure. Ask a lawyer. We can probably suggest a lawyer to consult with
> if your lawyer needs help.
> 

- M$ owns most of the smb Protokoll patents as they developed them..

- SUN/oracle and its today owner have an Comercial KERNEL based smb server implementaion 
with solaris 10 and own a LOT of patents on that.

- humingbird , novel and other Imprementations owns some smb suff as well..


> That said, an in kernel smb server is not really a bright idea, I would
> think hard before going there, Solaris tried, went nowhere quickly.
> 
> Even if you get the SMB part of the protocols in kernel, you'll need so
> many userspace helpers it is not even funny.
> Better time would be spent analyzing what features in the kernel would
> make Samba faster and use Samba.
> 
> Simo.
> 
> > When referring to the SAMBA site
> > (https://www.samba.org/samba/PFIF/PFIF_history.html), I can see that there are
> > a lot of legal obligations from the past. Like SAMBA, I also am just
> > referring the Microsoft SPEC, while the implementation is all together different 
> > due to obvious reasons (in-kernel implementation).


> > As there is already an in kernel CIFS client, maybe CIFS developers had the same
> > concern when developing CIFS client for Linux kernel ?

CIFS is m$ in clear words SMB protocoll based.
Therefore fall under the M$ license rules .

the Cifs client are an orign reverse engeneered software...

> > But I'm not sure about the actual violation part.
> > Maybe, I am wondering two problem.
> >  1. When referring the Microsoft patent list, CIFS(SMB) and SMB2.0,
> >     Microsoft have raised patent applications but this overall seems to be
> >     about the implementation part. So, any implementation done on linux
> >     with SMB specifications in mind and not following the approach of Microsoft
> >     should not infringe any patents ?

ask an very excelent patent laywer not samba-list 
and get probably in Touch with samsung´s laywers :)

> >  2. While Samba have shifted to the GPLv3 with their newer version, but
> >     I intend to make GPLv2.0 SMB server in kernel.
> >     So implementation for this should not cause any license issues ?
> > 
> > Can you please help us in clearing the doubts ?
> > 
> > Thanks.
> > 
> > --
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> 
> 
> -- 
> Simo Sorce
> 
> 

regards
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