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Date:      Sat, 27 Jul 2002 17:49:38 +0100
From:      Matthew Seaman <m.seaman@infracaninophile.co.uk>
To:        Samuel Chow <cyschow@shaw.ca>
Cc:        freebsd-questions@FreeBSD.ORG
Subject:   Re: converting linux kernel modules to bsd modules
Message-ID:  <20020727164938.GC856@happy-idiot-talk.infracaninophi>
In-Reply-To: <002001c23581$27f1b340$0601a8c0@samuelstn.dhs.org>
References:  <20020726231211.56809.qmail@web20706.mail.yahoo.com> <20020727101644.GB32984@happy-idiot-talk.infracaninophi> <002001c23581$27f1b340$0601a8c0@samuelstn.dhs.org>

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On Sat, Jul 27, 2002 at 09:20:35AM -0600, Samuel Chow wrote:
> 
> ----- Original Message ----- 
> From: "Matthew Seaman" <m.seaman@infracaninophile.co.uk>
> > 
> > The good news is that having all the source from a Linux kernel module
> > should tell you practically everything you need to know to write an
> > equivalent BSD module.
> > 
> > If you're intending to release the module, be careful about licensing.
> > In order for a module to be included into the core system, it has to
> > be released under an appropriate BSD style license --- not the GPL.
> > Which means that you can't reuse any GPL'd code from the Linux module.
> 
>     I actually was thinking about this the other day.  If the 
>     driver is manipulating bits in a register, there aren't
>     that many ways to do it.  Also, some hardware have exactly
>     one initialization sequence.  Wouldn't that make the driver
>     appears to be derived from the GPL'd code when it is not?

Yes, that could be a problem.  However, that sort of information is
usually published in the manufacturer's technical manuals.  If they
make it available without requiring license fees or signature of
non-disclosure agreements, then you can freely use that information to
write your own driver code, and if it happens that specific bit of
your code appears very similar to someone else's code, then that is
just a coincidence.

You could also check with the author of the Linux code, and get them
to confirm that the work was substantially your own.  Bits of code and
algorithms and stuff generally get copied around between the open
source OS's all the time.  So long as proper credit is given to the
original authors, it's usually not a problem: after all, why did they
write and release the open source code in the first place?

I don't think there has ever been an incident of anyone attempting to
pass off stolen GPL'd code as BSD licensed code and get it
incorporated into one of the *BSD's.  On the other hand, in exactly
the sort of incident you're talking about, some of Soren Schmidt's
code did mysteriously turn up in Linux land ---
http://bsd.slashdot.org/article.pl?sid=01/09/24/1432223&mode=thread&tid=106
--- which would actually have been perfectly alright if the BSD
copyright notice and Soren's name as copyright holder had been
preserved on the files.

	Cheers,

	Matthew

-- 
Dr Matthew J Seaman MA, D.Phil.                       26 The Paddocks
                                                      Savill Way
Tel: +44 1628 476614                                  Marlow
Fax: +44 0870 0522645                                 Bucks., SL7 1TH UK

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