Eric Appleman | 21 May 2013 06:57
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GPL code provenance fight breaking out on github, usual suspects involved

(Changing up the title since we've
strayed)

https://github.com/thicklizard/Komodo_new_source/commit/341ce8bdfc86fcfad8b869c59f09f054cd81eca4 
(read first)
https://github.com/markj338/KANGAROO-kernel/commit/da260aa723db1ecb89924db31010389c0731aeb8
https://github.com/MattCrystal/clucking-goose/commit/46a7a01e2561a356441b4701cd83d5388bbfb041
https://github.com/chad-g?tab=activity
https://github.com/ericd858?tab=activity
https://github.com/showp1984?tab=activity

Pay close attention to the comments (you might need to scroll down).

Chad was just caught kanging (stealing) showp's mpdecision CPU governor 
for Android phones. Do note that Chad and his partner Eric Dye have zero 
code on github yet confront others without providing source to back up 
claims.

Eric Dye | 19 May 2013 20:12
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Re: legal Digest, Vol 100, Issue 10

I assumed that everything that had to be said about Chad was already said.  Im not sure why we need to keep revisiting the issues with Chad, when in fact all Eric Appleman and others are doing is repeating what had already been said on this list in the past.

I also like how when a friend of Eric Appleman violated the GPL (and admitted to it), Eric Appleman made great efforts into changing the subject to Chad, and tried very hard to bury the fact that someone that he is "cool with" violated the GPL.

As stated in this very mailing list, once it was proven someone violates the GPL, they lose their rights under the GPL to continue to publish kernels and distribute them to the general public.

Being a few xda-develoeprs.com develoepers openly admitted to violating the gpl for what ever reason, does this not mean that every kernel posted for public distribution since is in fact a copyright law violation?  Below is a list of people who admitted to violating the GPL on xda.

faux123 / Paul Reioux
Admitted his repos were not kept current due to medical issues his wife was having (over a 3 month period),
During this 3 month period, he released several kernels for several different devices via twitter and google plus as social network builds.  He also updated, patched, and supported applications he sells for profit on google play store.  He had time to do this, but not time to update his source code. 

sebastianfm
released several kernels for several devices on xda-develoeprs.com with no source.  When asked for source, he stated there was none available, since the kernels were leaked from HTC.  He did manage to infact add features to these "leaked" kernels, such as cpu overclocking, otg support, and fixed issues with the touch screen that existed in the un modified htc leak.  The devices included the htc rezound, as well as the htc sensation.

showp1984 / Dennis Rassmann
released sensation kernels with no defconfig files in his source. When asked for complete source, he stated that he did not have to uplaod the config files used to build his kernels, that one could install his kernel and do a  "adb pull /proc/config.gz"  to pull his config file from your device, after the kernel was installed. 

There are several others, but these examples listed above are where the developer openly admitted to what I am stating here.
Being these develoeprs "admitted" to violating, does that not mean the lost their rights under the GPL v2 the minute they posted their admission?

Eric Appleman's attacks against Chad seem to be of a personal nature, and not GPL related at all.  I feel everything that needed to be said, by both sides had already been said, and there is no need to bring it up every few days or weeks.

Eric Appleman feels Chad violated the GPL, and Chad feels he ha not based off of information listed at gnu.org
We all understand this (and have understood this for the last several months), there is no need to keep repeating ourselves.

As a copyright holder myself (via my previous employer), Yes, I understand the frustration people may have against Chad, but after reading the information at gnu.org, I must side with Chad on the issues at hand... - but what about those who openly admitted to violating the GPL, and continue to publish their work to the general public?  What about those on XDA who have a history of violating the GPL over and over?

A few off topic questions.
1) When it comes to who can claim copyright on a patch, is it the person who wrote the patch, or the person who submits it for injection into mainline?  (not related to my employment, I am clearly aware my employer owns the code they paid me to write).
2) how would someone that is a copyright holder take action against people who openly admit to violating the GPL
Henrik Nordström | 20 May 2013 14:18
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Re: Would like to form a pool of Linux copyright holders for faster GPL enforcement against Anthrax Kernels

sön 2013-05-19 klockan 20:54 -0400 skrev SonWon:

> You missed my point, I was focused on the binary can only be used "on
> the organisations equipment" I just don't see that spelled out in the
> GPL and if you do please point it out to me.  I am willing to learn.

No I did not. You missed what this "organisation" thing is about in
relation to the GPL.

> A member of an organization would have to have download rights to test
> the binary.

Not automatically. There is nothing in the GPL that gives this right.

> I see no need to discuss your point since we disagree and you have
> stated your opinion.  You have your view and I have mine, not a
> problem since we are allowed to have different opinions.

Please note that I stated my view as copyright holder on code that is
possibly infringed upon by this binary distribution.

Regards
Henrik

Eric Appleman | 18 May 2013 09:24
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Would like to form a pool of Linux copyright holders for faster GPL enforcement against Anthrax Kernels

Would anyone be interested in forming such a pool? I am willing to wait 
years for this to be resolved through certain organizations, but I 
believe we can do better.

Last I checked, I have 1 long-time poster of this list on board. Would 
anyone else like to join? Ideally I'd like to get the LKML (which I have 
CC'd) involved so that authors of critical Linux components be a part of 
this. I'm not sure if my defconfig commits to Android kernel branches 
count as contributions, so I'm not going to consider myself a Linux 
contributor unless told otherwise.

This pool would be used in the following manner:

* Formally requesting source for binaries (means to request source
* Formally requesting removal of critical copyrighted code that Linux 
cannot function without
* Informing interested parties with respect to refusals of the above

The CTO of Anthrax's hosting server is very interested in terminating 
Chad Goodman's account. Bullet point #3 might come into effect here.

If this is a bad idea, uses incorrect logic, or does not follow the 
conventions of GPL enforcement, feel free to shoot this idea down with 
utmost prejudice.

- Eric

Paul Brewer | 17 May 2013 15:03
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sounds similar to red hat tm issue Re: Legal Digest: Ubuntu violated the GPL License

The use of trademark to stake a claim in a particular Linux O/S and software collection is not a new development.

Red Hat Inc similarly wished to prohibit copying of their trademark.  They agreed that Red Hat [tm] Linux could
be copied, but simply requested that all references to "Red Hat" be removed.

This led to something called "Pink Tie Linux" being distributed by CheapBytes and others.

Paul
Tamas TEVESZ | 14 May 2013 02:17
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2-bsd/isc code using gpl library, is it ok?


hi,

i have a situation where i'm using juniper libradius off freebsd 
(http://svnweb.freebsd.org/base/stable/9/lib/libradius/), which is 
2-clause-bsd licensed. for some operations, it uses openssl and libmd 
(openssl- and various-but-bsd-compatible-licensed, respectively) as 
is.

in the course of events, i had to add support for libradius using 
polarssl (gpl, *not* lgpl). it was done so with an intermediate header 
that translates between openssl/polarssl/libmd calling conventions and 
a makeshift common denominator. i have licensed this 2-bsd, same as 
the rest of libradius. the rest of the application that is using 
libradius (and thus indirectly polarssl) is isc-licensed.

(if that wasn't quite clear, the current state of affairs can be seen 
on github: https://github.com/melak/openvpn_radauth).

question is: is it ok this way? if not, what options do i have to make 
it ok? i obviously can't change neither libradius' nor polarssl's 
license (also using these particular libraries for the task at hand is 
a given and can not be changed). i can re-license the rest of the 
application, though, should there be a need.

thanks,

--

-- 
[-]

mkdir /nonexistent

Cole Johnson | 28 Apr 2013 03:12
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Re: Moderation

If we are going to moderate, we might as well switch to a wiki, but that's not going to happen. I'm not going to be a baby and leave because of it, but I'm not pleased of this decision unless we can /see/ what the moderators have rejected.

As for the discard option, I feel it should only be used when it is /blatant/ spam, which we never receive. For rejecting messages, they should only be rejected when it is trolling (to make someone rage) or hate speech. Anything else, even off topic stuff (SonWon's discussion /was/ on topic, but its answer was kind of obvious) should stay.

If these things can't be upheld, I fell this list is going to tear itself apart.

Cole Johnson
-- Twitter: <at> 5urd

Hexware, LLC
-- Twitter: <at> HexwareLLC
Quiliro Ordóñez | 26 Apr 2013 13:34
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I am leaving this list because it is censored

I have sent an email to this list which has not been received by its
recipients. I consider that censorship is always bad. There is reason to
moderate someone's opinion, even if it contrary to ours or if it can
cause discomfort to someone else. The only reason to moderate a message
is because it is spam.

Aggressiveness on a verbal form can be controlled by convincing users
they will obtain better results if it is avoided, not by censorship.

I will wait until someone refutes the fact that my mail was moderated.
Otherwise, I will leave this list on Monday.

Thank you very much for all the information that we have shared for the
creation of a World with more freedom.

--

-- 
Saludos libres,

Quiliro Ordóñez
Presidente (en conjunto con el resto de socios)
Asociación de Software Libre del Ecuador - ASLE
Av de la Prensa N58-219 y Cristóbal Vaca de Castro
Quito, Ecuador
(02)-600 8579
IRC: http://webchat.freenode.net?channels=asle&uio=OT10cnVlJjEwPXRydWU3a

Todo correo que reciba será tratado como información pública, de libre copia y modificación, sin
importar cualquier nota de confidencialidad.

Oliver Schinagl | 25 Apr 2013 23:51
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Microsoft's extortion of Android, those who give in, do they still hold a license?

Hey all,

yesterday, I  was letting slashdot.org rot my brain a bit, and came to 
this comment [1]:

=====
GPLv2 section 7:

     If, as a consequence of a court judgment or allegation of patent 
infringement or for any other reason (not limited to patent issues), 
conditions are imposed on you (whether by court order, agreement or 
otherwise) that contradict the conditions of this License, they do not 
excuse you from the conditions of this License. If you cannot distribute 
so as to satisfy simultaneously your obligations under this License and 
any other pertinent obligations, then as a consequence you may not 
distribute the Program at all. For example, if a patent license would 
not permit royalty-free redistribution of the Program by all those who 
receive copies directly or indirectly through you, then the only way you 
could satisfy both it and this License would be to refrain entirely from 
distribution of the Program.
======
With this reply:
======
Everyone who signs Microsoft's agreement and continues to use the Linux 
kernel is in violation of its license. As such, anyone who holds 
copyright on the code in the kernel could file suit.
======

There was something going on about it being true and not, some mud 
slinging etc.

But does this even hold some form of truth? By paying Microsoft for the 
FAT32 patent (valid or not), does this void your kernel license?

[1] http://mobile.slashdot.org/comments.pl?sid=3682695&cid=43541367

SonWon | 23 Apr 2013 23:47
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List Charter

My suggestion for what should be contained in the List Charter.  We can all agree that calling a list member or anyone else names is inappropriate behavior.  We should focus on a person actions and not use insulting words to refer to them personally.  These post should not be allowed past the moderators.  If examples are needed I can find them in this months archive, just let me know and I will dig them out.  I think this has been the biggest failing of this list in the past month or so.  Now that we have moderators I don't expect anymore problems.

Another action that should not be allowed is belittling a person.  If you have to belittle a person to get your point across that is a no win situation for the poster.  So this action should also be banned.

If you would not say it t their face then don't put it in a post is another good rule.

Tempters flair just wait until you cool down to post.

That is all I have for now, if I think of more I'll post again.

~SonWon
Cole Johnson | 21 Apr 2013 21:27
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Re: replying to posts

This is not a legal post, but a request.


When you reply, please reply with the original message at the top. That is the de facto standard here.

In addition, please do not just put the original at the top with the "On [...], [...] wrote:" at the top, with your reply at the bottom. Only include the portion you are replying to with your response. If replying to more than one thing, just separate the portions into multiple things, each with their own response.

Thank you.

---

Also, I am knowledgeable of the GPL. However, I never said I was a lawyer. I never mentioned I consulted with lawyers regarding the issues here. When I asked what it meant to lose your license, I was not implying I don't know about the GPL. I was implying that I am not fluent in US copyright law.


Cole Johnson
-- E-mail: coleharrisjohnson <at> gmail.com
-- Twitter: <at> 5urd

Hexware, LLC
-- Twitter: <at> HexwareLLC

Gmane