How does checkpoint qualify in this matter.
They sale the splat that is redhat linux. Did anyone requested or got
their sources for the splat CD?


Shachar Shemesh wrote:
> Ira Abramov wrote:
>> This is not exactly a GPL violation,
> I'm not sure you are right about this.
> 
> Here's my take on things. The kernel is GPL, which means that all
> derived work of it needs to be GPL too, or it is infringing on the
> kernel's copyright.
> 
> There are three approaches to understanding binary only modules:
> 
> One is to say that merely using the interface does not make a module
> derived work, and therefor the GPL doesn't apply. This claim is backed
> up by the fact that interfaces are not considered copyrightable (or else
> Wine, Samba and many others would be infringing work, and all user-space
> programs would have to be GPL). The way I see it, this true ONLY if the
> interface involved is well documented and stable. I believe you will
> find that the kernel->module interface is neither. This is also why I
> think that creating an "adapter module", that exports a well-documented
> stable interface out of the kernel would allow perfectly legal binary
> modules. Even if the kernel's interface was stable and documented (or
> otherwise defined as "non-derived work"), I highly doubt their trick
> uses the interface alone, and so this protection is highly likely not
> relevant for this case.
> 
> The second case is to say that the kernel export functions themselves
> give permission. It's called "מכלל לאו יוצא הן". If you export 10
> symbols, and you tell me not to touch 3 of them unless I'm GPL, I have a
> very good case for claiming that I am allowed to touch the other 7
> (despite all of Muli's claims to the contrary). Here, as before, the
> moment their binary module links with symbols that are defined as "GPL
> Only", it is, in fact, sidestepping the above permission, and is
> infringing on the kernel's copyright.
> 
> The third possibility (which I do not buy into) is to say that there are
> no exceptions, and that binary only modules are not allowed. If that is
> the case, this is no greater GPL violation, but it certainly is bringing
> the copyright disregard to new levels.
> 
> So I think that claiming that this is not a GPL violation is a bit naive.
>> What would you do?
>>   
> Now were talking about the real dillema.
>> do you just protest but keep working there?
>>   
> It's very easy to say "No!!" when it's someone else's money. It really
> depends. If you can afford to lose the client, I'd consider stopping
> working with them, but the details really depends.
>> make that information public?
>>   
> A professional lives by his/her reputation. You have to let your clients
> know that they can trust you not to go behind their back. It may be a
> big enough violation for you to stop working with the client, but unless
> it's a life threatening neglect, I wouldn't go public with such things.
>> Inform lkml how they fooled the kernel without revieling the identity of
>> the violators, just to help them patch it for the future?
>>   
> You already did so here, didn't you?
> 
> No, the specifics of how to do the bypass don't really matter. I don't
> think anyone has any interest in a cat-and-mouse game such as this. As I
> have said above (in the "is this a GPL violation" part), it's the intent
> that counts.
>> spill the beans on Slashdot?
>>   
> I fail to see what good that will do.
>> and what would you do if it was a real GPL violation?
>>   
> I think it is a GPL violation. All my answers above apply. I'd let them
> know that, as far as I know, this is a GPL violation. I'll draw their
> attention to the fact that they can lose all distribution rights.
>> will a signed NDA with that company make a difference in your decision?
>>   
> Absolutely not. I have clients that asked for a signed NDA as a
> pre-condition to interviewing me to find out whether I'm good enough for
> them. I have clients that asked for an NDA half a year after I already
> started working with them. I have clients that never asked for an NDA at
> all. As far as I'm concerned, my reputation is at stake here. NDA or
> not, I have to have the trust of my clients, which means that anything
> the client would really not like to be known, I keep confidential. The
> only exception I can think of is life threatening neglect, and again,
> then an NDA wouldn't change my actions one way or the other.
>> Thanks,
>> Ira.
>>   
> Shachar
> 


-- 
Meir
echo "nfjsnAsjvoy/dpn" | perl -pe 's/(.)/chr(ord($1)-1)/ge'

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