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Date:      Fri, 25 Sep 1998 12:14:11 -0500 (CDT)
From:      Tony Kimball <alk@pobox.com>
To:        emulation@FreeBSD.ORG
Subject:   Re: sybase/linux 
Message-ID:  <13835.51525.682306.278290@compound.east>
References:  <199809251315.JAA18170@smok.apk.net> <Pine.BSF.3.96.980925091035.7324D-100000@cole.salk.edu>

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Quoth Tom Bartol on Fri, 25 September:
: 
: On Fri, 25 Sep 1998, Stuart Krivis wrote:
: 
: > -----BEGIN PGP SIGNED MESSAGE-----
: > Hash: RIPEMD160
: > 
: > 
: > 
: > On 24 Sep 98, at 10:53, Marc Slemko wrote:
: > 
: > > The license when you download from Caldera says:
: > > 
: > > LICENSE & LICENSE RESTRICTIONS. You are allowed to install and use the
: > > Software for free as long as you operate the Software at all times only
: > > with the Linux operation system running natively on your hardware system.
: > > You may modify, translate or adapt the Software as long as you do not
: > > reverse engineer, decompile or disassemble it (except to the extent the
: > > laws in your jurisdiction specifically prohibit these restrictions).
: > 
: > This raises the question: "What is the Linux Operating System?"
: > 
: 
: It also raises the question: "What does it mean to run native?"
: 
: If running unmodified Linux i386 binaries and libraries on an i386 machine
: is not native then I don't know what is. 

One is permitted to modify, translate or adapt, so that for example
running on Alpha hardware is okay.  This would clearly not be running
natively.  I think it is most reasonable to interpret this to mean
that the components of a Linux distribution (as ordinarily understood)
which are required in order to execute the program must not be run by
means of emulation.  This excludes FreeBSD as an allowable platform.

However, you may recall Richard Stallman's attempt to brand the free
world with a GNU trademark.  To his mind, Red Hat distributes GNU
(Linux), while Walnut Creek distributes GNU (FreeBSD).  Frankly,
although he has the political aptitude of a hissing cockroach, I
agree: A kernel is not an "operation system".  It is entirely
reasonable to understand "Linux operation system" as being the
sequence of mental symbols by which a technically ignorant person has
chosen to express the concept of an operating environment which
utilizes the GNU toolset and is freely distributed in source form.

There are two interesting aspects to such an interpretation: The issue
of vulnerability to loss or damage by means of lawsuit eventuated by
this interpretation, and the issue of conformance to law.  As regards
the second, this interpretation is certainly acceptable, as it causes
no loss or damange to the license issuer, and intentionally
accomodates the intent and purpose of the issuer.  As regards the
second, it is prima facie absurd to realistically consider that Sybase
might initiate a suit against an individual who uses the software in
question on FreeBSD rather than a kernel to which the good doctor
Torvalds has made more direct and substantial contribution.  (He has
made *real* contributions to the FreeBSD kernel as to most others in
active development in and out of the free world.)

That said, I won't use it because it has no source code.

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