Re: Binary only module overview

From: jmjonesat_private
Date: Fri Sep 28 2001 - 19:05:25 PDT

  • Next message: jmjonesat_private: "Re: Binary only module overview"

    It has been implied that I am not being "politically correct" on this
    list.  Yeah, I know.  That's only one realm of the many ways to be
    correct.  Read on...
    
    --------
    
    I have been reading everything I can access about GPL in the last few 
    days, and, while I'm no snake[1], it seems to me that everything Greg's
    additional "restriction" adds is probably already covered in the GPL.
    It also seems to my somewhat-logical-but-not-legal-mind that Linus MAY
    be stretching the GPL if he explicitly allows binary modules.
    
    However, the way I understand copyright laws (admittedly "vague"): it is up
    to the copyright holder to defend his product, not anybody else.  If Linus,
    or anybody else, wants to say "okay, I won't file suit against people who 
    abuse me in this manner ... XYZ", that's his/her right.  It's less
    restrictive, and (it would seem) compatable to GPL, IMHO.  No government
    agency is going to SWOOP in and challenge his right to "fail to prosecute."
    
    The way this percolates down, in my mind, is that GPL is a pretty darn
    good document.  If LSM just GPLs it's code, it can still decide (imho), in
    the ultimate event, to pursue any violations of its licensing.  How the
    courts may act on the "legacy" of the licensor above... is up to the
    court. 
    
    I think it's perfectly acceptable to implement any *legal-technical* means
    to hide your interface that you choose (data isn't covered by GPL, can
    somebody create a data-based key that stops GPL'd code from working? 
    Um...  maaaaybeeee (^_^).  Is a module "code" or "data"?  maaaaaaaaaaaybe)
    I also think, from my reading, that you are violating the GPL if you add
    other "special restrictions." 
    
    Suppose I add "You cannot copy or distribute this portion of the source to
    anybody for any reason." to the license?  Would that be legal?  Strictly
    NOT is my reading.  It's restrictive and, therefore, not "compatible." The
    proposed few lines MAY someday be interpretted as such.  *BANG*, you're on
    legal-quicksand.
    
    Greg (et al), I have great respect for your opinion... but you just may be
    breaking GPL by adding a "further restriction."  If you're not adding a
    "further restriction", leave it out... it's already there.  If some court
    somewhere finds that this is not part of the GPL restriction, you break from
    GPL and ... well, then it's anybody's game.
    
    Get out your pencil, draw the logic diagram... you're making a logical
    mistake.
    
    Um, and logic and law are not necessarily compatible. :)
    
    Trust GPL,
    J. Melvin Jones
    
    P.S. -- I've got an interface for similar purposes spec'd and partly
    written.  It is NOT efficient at doing what LSM does, but IS more flexible
    and allows more things to be done (stipulation).  For certain purposes
    (mine), it may actually be faster, but IN GENERAL, the special case I'm
    addressing is NOT similar to LSM.  It might be better for my and some other
    solutions.  Majority solutions?  Who knows?  Admittedly, I now see problems
    with implementation that were cited before when some of my ideas were
    "trampled."  I'm tackling them, not dismissing them.
    
    No worries, I don't have even the REMOTEST desire to be included in the
    Kernel... I just want something that works and enhances Linux Security.
    
    That being said, I have been advised and believe that I will HAVE to GPL
    the kernel-side patches, the code, and everything "south" of the API, and
    gladly will so do.  I will also release (least-restrictively-as-possible)
    any parts necessary to connect to my MPI (module programming interface.) 
    Anything on the OUTSIDE of my interface belongs to whomever created it
    IMHO.  Let the court decide how Linus' and anybody else's interest should
    be protected, IF they sue... (and, I think I'm doing the RIGHT thing, so I
    sleep at night and don't worry) ... so be it.  If they can build a better
    mousetrap...  hey, KEWL!!!! 
    
    Is this a political thing instead of a technical thing?  I think it may
    be, at least for Greg (et al.)  Make Linux better and you can sleep at
    night.  Don't let somebody make it worse: you are honorable.  But where
    does LSM fit into that?  I'd like to see it make things better, AND open
    to non-open solutions for making it better.  GPL gives you,
    imh-nonlegal-opinion, the full right to band the Copyright holders
    together to pursue "legal recoarse" to fight abuse.  REAL ABUSE, not just
    some political ideal. 
    
    If you can't sleep at night because somebody else can use your code for
    purposes OTHER than you envisioned... you shouldn't be writing Open
    Software.  Isn't that the real purpose... to let the next guy stand on
    your shoulders?
    
    
    --------
    
    [1] SNAKE -- the best sort of thing to hire when your garden is full of 
        rats.  A "SNAKE" is a REPTILE, a term which is also euphemistically
    used, by J. Melvin Jones, to describe Insurance Agents, CPA's, and any
    other people who "bridge the gap between the logical, the ethical, and the
    legal."  No disrespect intended, EVER.  Sometimes COLD BLOODEDNESS is a
    very useful attribute for consultants to mammals.
    
    
    |>------------------------------------------------------
    ||  J. MELVIN JONES            jmjonesat_private 
    |>------------------------------------------------------
    ||  Microcomputer Systems Consultant  
    ||  Software Developer
    ||  Web Site Design, Hosting, and Administration
    ||  Network and Systems Administration
    |>------------------------------------------------------
    ||  http://www.jmjones.com/
    |>------------------------------------------------------
    
    
    
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