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Date:      Fri, 21 Sep 2007 10:38:16 -0700
From:      Julian Elischer <julian@elischer.org>
To:        John Birrell <jb@what-creek.com>
Cc:        Darren Reed <darrenr@freebsd.org>, Olivier Warin <daffy@xview.net>, freebsd-current@freebsd.org
Subject:   Re: Dtrace port status
Message-ID:  <46F40188.4060408@elischer.org>
In-Reply-To: <20070921070347.GA17990@what-creek.com>
References:  <6385B28C-01D1-459A-9543-E36C89C7F36E@xview.net>	<20070920203413.GA13737@what-creek.com>	<46F367E0.4000300@freebsd.org> <20070921070347.GA17990@what-creek.com>

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John Birrell wrote:
> On Thu, Sep 20, 2007 at 11:42:40PM -0700, Darren Reed wrote:
>> John Birrell wrote:
>>> DTrace consists mainly of kernel modules, however in order for DTrace
>>> to inspect the kernel internals it has to have some code inside
>>> existing BSD licensed files.
>>>  
>> This should not be a problem.
>> Code added to BSD licensed files should be BSD licensed.
> 
> Only if it is clean-room coded.
> 
> In the case of DTrace, the only reference is the OpenSolaris
> CDDL code. It's hard to claim something as BSD licensed when
> all you are really doing is adding stuff like:
> 
> (part of struct thread)
>         uintptr_t       td_dtrace_pc;   /* DTrace saved pc from fasttrap. */
>         uintptr_t       td_dtrace_npc;  /* DTrace next pc from fasttrap. */
>         uintptr_t       td_dtrace_scrpc;
>                                         /* DTrace per-thread scratch location. */
>         uintptr_t       td_dtrace_astpc;
>                                         /* DTrace return sequence location. */
>         u_int64_t       td_hrtime;      /* Last time on cpu. */
> 
> Sun still claims CDDL on snippets as simple as this (because the
> reference was CDDL'd).
> 
> I had hoped they'd just say "that's OK to be BSD licensed".
> 
> But, no, their attitude is that FreeBSD can just suck up Sun's
> patent clauses in the CDDL.
> 
> I could just change the field names and re-arrange the words
> in the comments to make it look like I thought of it. But if that's
> OK by Sun's lawyers then they are just stupid. If they were to ask 
> me in a court of law (in a proceeding like the ones SCO has
> been in), what would my answer be? Answer: I read the OpenSolaris
> code which is CDDL'd and I worked out what I had to add to FreeBSD
> and I added it. With vi. :-)

they can't copyright the names to the variables.
you don't need the same comments.
Personally I thing they wouldn't have a leg to stand on..
sounds like "fair use" to me.


> 
> 
> --
> John Birrell
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