On Sat, 16 Dec 2006, Dave Jones wrote: > On Sat, Dec 16, 2006 at 09:20:15AM -0800, Linus Torvalds wrote: > > > Anything else, you have to make some really scary decisions. Can a judge > > decide that a binary module is a derived work even though you didn't > > actually use any code? The real answer is: HELL YES. It's _entirely_ > > possible that a judge would find NVidia and ATI in violation of the GPLv2 > > with their modules. > > ATI in particular, I'm amazed their lawyers OK'd stuff like.. > > +ifdef STANDALONE > MODULE_LICENSE(GPL); > +endif > > This a paraphrased diff, it's been a while since I've seen it. > It's GPL if you build their bundled copy of the AGPGART code as agpgart.ko, > but the usual use case is that it's built-in to fglrx.ko, which sounds > incredibly dubious. > > Now, AGPGART has a murky past wrt licenses. It initally was imported > into the tree with the license "GPL plus additional rights". > Nowhere was it actually documented what those rights were, but I'm > fairly certain it wasn't to enable nonsense like the above. > As it came from the XFree86 folks, it's more likely they really meant > "Dual GPL/MIT" or similar. > > When I took over, any new code I wrote I explicitly set out to mark as GPL > code, as my modifications weren't being contributed back to X, they were > going back to the Linux kernel. ATI took those AGPv3 modifications from > a 2.5 kernel, backported them to their 2.4 driver, and when time came > to do a 2.6 driver, instead of doing the sensible thing and dropping > them in favour of using the kernel AGP driver, they chose to forward > port their unholy abomination to 2.6. > It misses so many fixes (and introduces a number of other problems) > that its just unfunny. > > The thing that really ticks me off though is the free support ATI seem > to think they're entitled to. I've had end-users emailing me > "I asked ATI about this crash I've been seeing with fglrx, and they > asked me to mail you". > > I invest my time into improving free drivers. When companies start > expecting me to debug their part binary garbage mixed with license > violations, frankly, I think they're taking the piss. > > A year and a half ago, I met an ATI engineer at OLS, who told me they > were going to 'resolve this'. I'm still waiting. > I live in hope that the AMD buyout will breathe some sanity into ATI. > Then again, I've only a limited supply of optimism.
You would think ATI's steaming pile of crap would be a good reason for them to give up on the whole binary module thing and just release specs so someone else can write a decent driver. I made the mistake of purchasing an ATI X1600. No open kernel driver.. no open X driver. The ATI drivers don't even complile on amd64 on any recent kernel and their X drivers are prone to random screen corruption that requires nothing less than a full reboot to clear. IMO let those morons keep writing themselves into a corner with this crud and then perhapse they will see for themselves that binary modules are a horribly bad idea instead of having someone else to blame when this whole thing finally fails. Gerhard -- Gerhard Mack [EMAIL PROTECTED] <>< As a computer I find your faith in technology amusing. - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/