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Re: [ts-7000] Re: SW license

To:
Subject: Re: [ts-7000] Re: SW license
From: Jason <>
Date: Mon, 13 Dec 2010 13:57:23 -0500
Kris,

On 12/13/2010 01:15 PM, Kris wrote:
> I would like to provide a bit of clarification.  That is a license we
> put on a large amount of our software products (if there is even a
> license slapped on there at all).  We are want to deter people from
> using our code on products that are not ours.  Since you are here and
> asking about it, we likely have no reason to be concerned that you
> are using it.
> 

So, by posting to this mailinglist, I can bypass *all* legal notices
found in files at ftp.embeddedarm.com and just assume GPL/BSD?  Do I
just need to show a packing slip/receipt?  IANAL, but that doesn't sound
like a lawyer has even glanced at it.

I'm pretty sure if I tried to contribute code to an open source project
listing the above as copyright history for some code I pulled from
ftp.embeddedarm.com I'd get laughed right off the mailinglist.  ;-)

> We actually tend to dual-license our kernel code, GPL to the linux
> community, and BSD to our customers specifically.  This allows our
> end customers to have proprietary aspect to their products.  All of
> the sources on our FTP site are considered to be under BSD, but only
> when used with our products.

Why not just draft up a header stating as much?  It's _not_ open source,
but at least it would be truthful.

> We actually leave a big scary license
> block in place to scare off those not using our products, and when
> customers call up and ask we can clarify that for them.
>

It sounds like your trying to give yourselves wiggle room without paying
to consult a lawyer.  I'm just not sure what you guys are trying to
wiggle out of... Some phantom code thief that uses playsound.c on a
gumstix?

> -Kris Bahnsen Technologic Systems

As is custom with most licensing discussions, could you please use a
company email address (! @yahoo.com) when stating the company's stance
on licensing issues?  Thanks.

Jason.

> 
> 
> --- In  Wouter Simons <> wrote:
>> 
>> It is Legal to use kernel drivers with closed source drivers as
>> long as it is defined in the module source with
>> MODULE_LICENSE("<license>"); This is actually used quite a lot even
>> though a closed source driver will have restrictions in how it can
>> interact with other systems (mainly exporting symbols will not work
>> as expected).
>> 
>> Just think of your NVidia drivers for instance.
>> 
>> This is particularly useful for modules that are developed in
>> embedded environments because you may be putting proprietary code
>> in a kernel module for your application that contains trade
>> secrets. So allowing non-GPL code in the kernel actually
>> facilitates using Linux in restrictive closed source commercial
>> environments.
>> 
>> Best regards,
>> 
>> Wouter
>> 
>> Van:  
>> Namens Jason Stahls Verzonden: maandag 13 december 2010 1:26 Aan:
>>  Onderwerp: Re: [ts-7000] SW license
>> 
>> 
>> 
>>>>> I see the same notice in the board-specific OpenCore-files
>>>>> i've been working on (fpga).
>>>>> 
>>>>> It would be very interesting if someone from TS could clarify
>>>>> how "CONTAINS CONFIDENTIAL, PROPRIETARY AND TRADE SECRET
>>>>> INFORMATION OF TECHNOLOGIC SYSTEMS" should be interpreted and
>>>>> related to, and if there is a general "PRIOR WRITTEN 
>>>>> PERMISSION AND CONSENT OF TECHNOLOGIC SYSTEMS" for the files
>>>>> available from the ftp.
>>>>> 
>>>> 
>>>> If this is being distributed as part of Linux binaries,
>>>> compiled into a kernel they are providing then clearly it is a
>>>> GPL violation. You can't add propreitary extensions to the
>>>> Linux kernel. You must make the source available to all those
>>>> you provide binaries to, and it must be licensed under the GPL.
>>>> Putting any restrictions on code distributed as part of Linux 
>>>> is not permitted.
> 
> That's not totally accurate AFAIK, but ether way both of the
> examples given so far weren't kernel modules, or patches to GPL
> software. What TS chooses to expose about their FPGA loads is their
> business and the other C source file sure didn't look to be a patch
> or kernel module. You can put restrictions on a Linux distro by
> including proprietary or non-GPL binaries, you just have to make
> available all the GPL source and any patches you made to any GPL
> code. If your binaries don't contain any GPL modules or code you're
> free to keep it's source as tightly locked up as you want. This whole
> bit is one of the really big problems with the GPL since even
> patent/copyright lawyers can't seem to agree on exactly how far it
> spans and if using GPL'd libc functions makes your app fall into GPL
> ect.
> 
>> 



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