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Date:      Mon, 30 Dec 2019 13:04:13 -0700
From:      Warner Losh <imp@bsdimp.com>
To:        "Kevin P. Neal" <kpn@neutralgood.org>
Cc:        Jeff Roberson <jroberson@jroberson.net>, "Rodney W. Grimes" <rgrimes@freebsd.org>,  svn-src-head@freebsd.org, svn-src-all@freebsd.org,  Pedro Giffuni <pfg@freebsd.org>, src-committers@freebsd.org
Subject:   Re: svn commit: r356142 - in head/sys: dev/ofw sys
Message-ID:  <CANCZdfriTbto-af2ZawaLsD_LdgnD3AtBpkMdPosvORXN2ovnw@mail.gmail.com>
In-Reply-To: <20191230020202.GB74518@neutralgood.org>
References:  <201912280527.xBS5R8fk041737@gndrsh.dnsmgr.net> <alpine.BSF.2.21.9999.1912280924330.1198@desktop> <20191230020202.GB74518@neutralgood.org>

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On Sun, Dec 29, 2019, 8:02 PM Kevin P. Neal <kpn@neutralgood.org> wrote:

> On Sat, Dec 28, 2019 at 10:11:48AM -1000, Jeff Roberson wrote:
> > It seems to be the prevailing theory that headers are not even really
> > copyrightable.  This has even been tested in court a few times (bsd,
> java).
> >
> > http://lkml.iu.edu/hypermail/linux/kernel/0301.1/0362.html
> >
> > The original definitions from this file were part of posix.1b and so it's
> > hard to argue they are anything but public.  Coincidentally I know Greg
> and
>
> Wow is Google v Oracle going to screw this up. I fully expect the US
> Supreme
> Court to make a total hash of that case and cause havoc for the whole
> software industry.
>
> The right thing for FreeBSD to do is decrease the size of the attack
> surface
> by getting the licenses as straight as possible. IMHO. But IANAL.
>
> > In my opinion, this has already wasted everyone's time with an irrelevant
> > nit-picking argument.  The onus is not on Pedro to chase this down just
> so
>
> Lawyers make a living nit-picking. That's why one has to be very careful
> to do a preemptive nit-pick before they get involved.
>

Nit picking with no sound legal basis by an engineer who has no license to
practice law, however, could be more trouble than it's worth. We as a
project have been doing this for at least 20 years, and there have been
several legal reviews by companies using FreeBSD that haven't flagged this
as an issue. Being nit-picky just to be nit-picky isn't helpful if the nits
picked are snipe hunts without any benefit. Especially when accompanied by
a arrogant and condescending tone and a know it all attitude with no
professional credentials to back it. So we need, as a project, to be
careful what we spend time on. Doubly so for stupid nit picks that we know
have no merit. Those drain enthusiasm from the volunteers far in excess of
any possible benefit the unit picks may bring to the project.

Warner

-- 
> Kevin P. Neal                                http://www.pobox.com/~kpn/
>            On the community of supercomputer fans:
> "But what we lack in size we make up for in eccentricity."
>   from Steve Gombosi, comp.sys.super, 31 Jul 2000 11:22:43 -0600
>



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