Messages in this thread | | | From | "Jason A. Diegmueller" <> | Subject | FW: DPT, I2O, SmartRAID driver sound info | Date | Tue, 21 Sep 1999 09:45:43 -0400 |
| |
Here was the response I got on the DPT SmartRAID Linux driver issue.
Very interesting indeed. I'm no copyright guru (and quite frankly legalese does nothing but confuse me =)--Does this proposed coyright make it able to be integrated in to the actual distribution? Or with the advent of the generic I2O support Alan mentioned now in 2.3.x, does this make the time that would be invested putting it in moot?
::: Jason A. Diegmueller ::: Microsoft Certified Systems Engineer ::: 513/542-1500 WORK // jason@bertke.net ::: Systems Administrator, Bertke Systems Innovations
-----Original Message----- From: support@dpt.com [mailto:support@dpt.com] Sent: Tuesday, September 21, 1999 7:40 AM To: jason@bertke.net Subject: Linux Kernel info
Hi Jason,
I'm alive and well and I even found the mail I was looking for BONUS! I didn't read through this entirely, but I think it gives an idea as to why we haven't adopted GPL. Let me know if you were looking for something else, or if you have any questions or comments and I'll be glad to get that mail to the correct person.
Best Regards, Liz Brainard Technical Support Engineer
My name is Roger Cummings, and for my sins I get to represent DPT at the I2O SIG.
I told the folks in Tech Support that I'd respond to your question regarding the license in the I2O SIG header files. Please be assured that it is our intention to make maximal use of, and participate fully in, the Open Source community, and we've investigated a significant amount of effort into getting ready to do just that. However here's how we arrived at the current situation.
When we were getting ready to release the source for our Linux driver a few months ago, it became very clear to me that we were the first to follow this route because until then nobody had complained about the copyright notices in the I2O header files. On making enquiries from the I2O SIG, the first thing I was told was that I couldn't distribute the files to people who were not members of the SIG ! And, by the way, I'm on the SIG's steering committee, so it isn't like somebody else could do something I couldn't. Therefore, because we were up against a deadline, all I could do was get the SIG to agree to the copyright wording that you tripped over, which as onerous as it is did at least allow me to take the significant step of publishing the header files to non SIG members, so that it was useful for us to publish our source as well !
Anyway, fortunately the SIG decided, after some prodding, that it did indeed want to work with the Open Source community, and therefore I got the job of sitting on a task force with a bunch of copyright lawyers to revisit the copyright notices :-(. The resulting notice follows at the end of this message, FYI. It clearly states that derivative works are possible, that the headers can be used "for any purpose" (I fought at least 2 months to get that in), with the only proviso that the copyright notice remains. We were advised against just adopting the GPL by several people, by the way, because of concerns relating to the status of derivative products which incorporate the header files e.g. just because Novell happens to use the headers in creating some drivers for Netware 5 doesn't mean that they agree to give out source to the entire OS !
This work finished over a month ago, but for some reason the SIG office has not followed through and actually modified the files that it makes available to us. I've therefore got a message in to them requesting permission to modify the files that we have on out web site, and will do so just as soon as they agree.
Therefore, assuming that the copyright below is acceptable to you, we should be out of this bind in the VERY near future.
Regards,
Roger Cummings
DPT
cummings_roger@dpt.com
/**************************************************************** Copyright 1999 I2O Special Interest Group (I2O SIG). All rights reserved.
TERMS AND CONDITIONS OF USE
This header file, and any modifications of this header file, are provided contingent upon your agreement and adherence to the here-listed terms and conditions. By accepting and/or using this header file, you agree to abide by these terms and conditions and that these terms and conditions will be construed and governed in accordance with the laws of the State of California, without reference to conflict-of-law provisions. If you do not agree to these terms and conditions, please delete this file, and any copies, permanently, without making any use thereof.
THIS HEADER FILE IS PROVIDED FREE OF CHARGE ON AN AS-IS BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I2O SIG DOES NOT WARRANT THAT THIS HEADER FILE WILL MEET THE USER'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
I2O SIG DISCLAIMS ALL LIABILITY, INCLUDING LIABILITY FOR INFRINGEMENT OF ANY PROPRIETARY RIGHTS, RELATING TO THE IMPLEMENTATION OF THE I2O SPECIFICATIONS. I2O SIG DOES NOT WARRANT OR REPRESENT THAT SUCH IMPLEMENTATIONS WILL NOT INFRINGE SUCH RIGHTS.
THE USER OF THIS HEADER FILE SHALL HAVE NO RECOURSE TO I2O SIG FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DATA OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THIS PROGRAM.
I2O SIG grants the user of this header file a license to copy, distribute, and modify it, for any purpose, under the following terms. Any copying, distribution, or modification of this header file must not delete or alter the copyright notice of I2O SIG or any of these Terms and Conditions.
Any distribution of this header file must not include a charge for the header file (unless such charges are strictly for the physical acts of copying or transferring copies). However, distribution of a product in which this header file is embedded may include a charge so long as any such charge does not include any charge for the header file itself.
Any modification of this header file constitutes a derivative work based on this header file. Any distribution of such derivative work: (1) must include prominent notices that the header file has been changed from the original, together with the dates of any changes; (2) automatically includes this same license to the original header file from I2O SIG, without any restriction thereon from the distributing user; and (3) must include a grant of license of the modified file under the same terms and conditions as these Terms and Conditions.
/****************************************************************
The I2O SIG Web site can be found at: http://www.i2osig.org
The I2O SIG encourages you to deposit derivative works based on this header file at the I2O SIG Web site. Furthermore, to become a Registered Developer of the I2O SIG, sign up at the Web site or call 415.750.8352 (United States).
/****************************************************************
- To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.rutgers.edu Please read the FAQ at http://www.tux.org/lkml/
| |