Skip site navigation (1)Skip section navigation (2)
Date:      Mon, 18 Mar 2002 14:40:31 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Hans Reiser <reiser@namesys.com>
Cc:        hiten@uk.FreeBSD.org, Chris Mason <mason@suse.com>, Josh MacDonald <jmacd@CS.Berkeley.EDU>, Parity Error <bootup@mail.ru>, freebsd-fs@FreeBSD.ORG, reiserfs-dev@namesys.com
Subject:   Re: [reiserfs-dev] Re: metadata update durability ordering/soft updates
Message-ID:  <3C966CDF.25A7A379@mindspring.com>
References:  <20020317225759.82774.qmail@web21109.mail.yahoo.com> <3C95ACBA.4040108@namesys.com> <3C95B838.F8ECE39A@mindspring.com> <3C95C8C3.7080803@namesys.com>

next in thread | previous in thread | raw e-mail | index | archive | help
Hans Reiser wrote:
> >>You can port it for free if you port it to a GPL'd OS (or port the OS to
> >>the GPL).
> >
> >Or you can port it and then use it on any OS you want, so long
> >as you are an end user, and not a company who sells OSs, so
> >long as you don't redistribute the result... the GPL doesn't
> >kick in until you attempt to exercise distribution rights.
>
> This is often said, but not what the license language says.   I think it
> is wishful thinking.  If you distribute, you must make it public.  That
> includes FAPSI, NSA, anyone.

Precisely.  So you can port it, and the result of the port
is still GPL'ed.  At that point, you can treat it like any
other GPL'ed code that the original vendor had ported.

You do the port, buy you don't distribute it, so you are not
required to make sources available.  You merely use the port
internally.

Alternately, you do the port, you distribute it, but you do
not distribute it linked against your proprietary code.  You
make the end user do the linking, if they want to use it.  By
optioning it, you are off the hook for making your proprietary
source code available, but the end user is not.  Since the
end user never had your source code, the end user can not
distribute the combined code further.


> >You could also, for example, build a company that charged to
> >store data on the GPL'ed ReiserFS, ported to some proprietary
> >OS, and as long as you never sold your hosting platforms to
>
> ^sold^distributed the software for

Yes.  The sale implies distribution.  THe sale could be in the
context of selling the hosting platforms to end users, or selling
the company that owns the hosting platforms, such that the
assets become the property of another company, and the original
company is not maintained as a legal fiction.

If you sell the comany to another company, you are distributing
the assets of the first company, including the software, to
another company.  To avoid GPL'ing the code code, you must
cause them to relink, just like the end user case above.  If
you don't, you risk patches to the proprietary code made after
the link becoming GPL'ed, which would then cause all of your
proprietary code to be GPL'ed, even if you distributed it with
those patches, seperately from the original GPL'ed code.  This
is a technicality which I think most people would ignore, since
such sales occur "under cover".


-- Terry

To Unsubscribe: send mail to majordomo@FreeBSD.org
with "unsubscribe freebsd-fs" in the body of the message




Want to link to this message? Use this URL: <https://mail-archive.FreeBSD.org/cgi/mid.cgi?3C966CDF.25A7A379>