Re: [PATCH] add exFAT driver

2013-09-25 Thread Anton Altaparmakov
Hi,

On 25 Sep 2013, at 21:21, Greg Kroah-Hartman  wrote:
> On Wed, Sep 25, 2013 at 09:28:56PM +0200, Alexander Holler wrote:
>> 
>> Maybe a silly question, but isn't exFAT protected by some MS owned
>> patents which might drive Linux users into the hand of MS lawyers as
>> already happened with FAT?

Yes, it is.  You cannot use exFAT without a Microsoft patent license (unless 
you live in countries without software patents perhaps).

>> It would make me wonder if not. Maybe you could ask Samsung about that too, 
>> when you are there.
> 
> Because Samsung released the code under the GPLv2, and their lawyers
> understand what that means, should answer any question you might have
> about this.

Sorry but you have no idea what you are talking about.  Samsung modified the 
GPL-ed FAT driver to make it work with exFAT.  Therefore their exFAT driver was 
GPL as a derived work.  They got caught and had to release the source code.

It has NOTHING to do with what their lawyers understand, etc, and if you are 
really going to be visiting Samsung and if they are willing to talk to you 
about it you will be retracting what you wrote above in a hurry...  Sorry I 
cannot say more but I strongly suggest NOT to use this "GPL-ed exFAT driver" 
under any circumstances unless you get a patent license from Microsoft first.

Best regards,

Anton

> thanks,
> 
> greg k-h

-- 
Anton Altaparmakov  (replace at with @)
Unix Support, Computing Service, University of Cambridge
J.J. Thomson Avenue, Cambridge, CB3 0RB, UK

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Re: [PATCH] add exFAT driver

2013-09-26 Thread Anton Altaparmakov
Hi,

On 25 Sep 2013, at 23:10, Greg Kroah-Hartman  wrote:
> On Wed, Sep 25, 2013 at 10:44:15PM +0100, Anton Altaparmakov wrote:
>> On 25 Sep 2013, at 21:21, Greg Kroah-Hartman  
>> wrote:
>>> On Wed, Sep 25, 2013 at 09:28:56PM +0200, Alexander Holler wrote:
>>>> 
>>>> Maybe a silly question, but isn't exFAT protected by some MS owned
>>>> patents which might drive Linux users into the hand of MS lawyers as
>>>> already happened with FAT?
>> 
>> Yes, it is.  You cannot use exFAT without a Microsoft patent license
>> (unless you live in countries without software patents perhaps).
> 
> Given that you that you are not a Microsoft representative, nor a
> Samsung employee, I don't understand how you can make such a definitive
> statement.

Have you actually read the source code that was released?

May I quote just one bit:

from exfat_1.2.4/exfat.c (available from http://opensource.samsung.com - just 
search for exfat) at the top:

/* Some of the source code in this file came from "linux/fs/fat/misc.c".  */
/*
 *  linux/fs/fat/misc.c
 *
 *  Written 1992,1993 by Werner Almesberger
 *  22/11/2000 - Fixed fat_date_unix2dos for dates earlier than 01/01/1980
 * and date_dos2unix for date==0 by Igor Zhbanov(b...@uniyar.ac.ru)
 */

That is somewhat conclusively a derivative work is it not?

Also, have a read of this article:

http://www.phoronix.com/scan.php?page=news_item&px=MTQzODQ

Which explains further who made them open source it after they saw the leaked 
code on github.

So even without resorting to knowledge I may not discuss it is pretty 
conclusive that what I said is correct as anyone driving google can find for 
themselves as I pointed out above...

>>>> It would make me wonder if not. Maybe you could ask Samsung about
>>>> that too, when you are there.
>>> 
>>> Because Samsung released the code under the GPLv2, and their lawyers
>>> understand what that means, should answer any question you might have
>>> about this.
>> 
>> Sorry but you have no idea what you are talking about.
> 
> Ah, that's a lovely way to engage in a conversation.

I did say sorry!  (-;

>> Samsung modified the GPL-ed FAT driver to make it work with exFAT.
>> Therefore their exFAT driver was GPL as a derived work.  They got
>> caught and had to release the source code.
> 
> And now you claim to be a Samsung representative again, I think your
> country has some bad liable laws you might wish to watch out for...

I am not claiming anything and least of all to be representing Samsung!!!

Libel implies untruth and as you can see above I am only stating what anyone 
can readily find on google.

> This isn't going to go very far, so I'll just not respond anymore, it's
> not going to be productive, and given that I don't see your name on the
> code here, I don't see why I need to.
> 
> Please stick to technical discussions about the code on the kernel
> mailing lists.  Legal discussions can be left up to the lawyers, of
> which we are not.


I agree, but then please stop making public assertions that people can use the 
exfat driver legally.  You just yourself said you are not a lawyer so I do not 
understand how you can make your assertion!

If anyone cares, here is Microsoft's exFAT licensing page which I strongly 
recommend you read before you use that driver:


http://www.microsoft.com/en-us/legal/intellectualproperty/IPLicensing/Programs/exFATFileSystem.aspx

Also if you search google for "exFAT patent" you can find some that way but 
there are also others that are not found that way but that are clearly 
essential for any exFAT implementation (according to the technical review I did 
of them).  I am not sure whether I am allowed to give a list or not so I will 
refrain from doing so.

Best regards,

Anton
-- 
Anton Altaparmakov  (replace at with @)
Unix Support, Computing Service, University of Cambridge
J.J. Thomson Avenue, Cambridge, CB3 0RB, UK

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Re: [PATCH] add exFAT driver

2013-09-26 Thread Anton Altaparmakov
Hi,

On 25 Sep 2013, at 23:29, Alexander Holler  wrote:
> Am 26.09.2013 00:10, schrieb Greg Kroah-Hartman:
>> Please stick to technical discussions about the code on the kernel
>> mailing lists.  Legal discussions can be left up to the lawyers, of
>> which we are not.
> 
> Hmm, but I would like to know if someone has to fear getting owned by
> Microsoft if he would use that driver.
> 
> Giving the rumours about Linux companies having to pay Microsoft and
> giving the fact that all of those licencees seem to don't have to speak
> about what Microsoft claims patents for and for what they have to pay, I
> obviously think adding that driver to Linux and thus making exFAT more
> general accepted is a very bad idea.
> 
> Of course, I'm not a lawyer too, but as a responsible Linux developer, I
> should at least be able to warn other parities when they approach me and
> want to use exFAT. Doing such without the maybe necessary license might
> drive small companies into the ground because most of them are unable to
> even think about having the money needed to talk with Microsoft lawyers
> in front of a court.


Exactly.  That is all I was trying to do.  Warn people/companies not to use the 
driver because they may get sued for using it.  As the below Microsoft exFAT 
licensing page says at the bottom:


Please note that open source or other publicly available implementations of 
exFAT do not include an IP license from Microsoft. For licensing information, 
please contact iplic...@microsoft.com.


Above is from bottom of:


http://www.microsoft.com/en-us/legal/intellectualproperty/IPLicensing/Programs/exFATFileSystem.aspx

Best regards,

Anton
-- 
Anton Altaparmakov  (replace at with @)
Unix Support, Computing Service, University of Cambridge
J.J. Thomson Avenue, Cambridge, CB3 0RB, UK

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