[HN Gopher] Linux's GPLv2 licence is routinely violated (2015)
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       Linux's GPLv2 licence is routinely violated (2015)
        
       Author : ladyanita22
       Score  : 57 points
       Date   : 2022-02-19 21:03 UTC (1 hours ago)
        
 (HTM) web link (www.devever.net)
 (TXT) w3m dump (www.devever.net)
        
       | torstenvl wrote:
       | > _Linus Torvalds seems to speak as though he has the power to
       | interpret the GPL._
       | 
       | IANAIPL but intent of the parties does _generally_ matter to any
       | legal analysis of an agreement. This is especially true when
       | discussing written evidence of intent. Arguably, the discussion
       | of GPL_ONLY could be taken to mean that those without such a
       | marking are being granted an exception by the authors, which is
       | perfectly well within their power to do.
       | 
       | https://legal.thomsonreuters.com/blog/the-parol-evidence-rul...
        
         | mustache_kimono wrote:
         | But parole evidence is trickier to apply here than you might
         | imagine. It only applies where there is an ambiguity in the
         | text, and probably matters much less where 3rd parties are to
         | be bound by a license, instead of two parties to a contract.
        
       | fsckboy wrote:
       | > _It is rather ironic that in some ways, one has more freedom in
       | how one licences a kernel driver for Windows than the freedom one
       | supposedly has in writing a kernel module for Linux._
       | 
       | it is not ironic at all: freedom in Free Software is the freedom
       | of USERS of the software to be able to see and modify the source.
       | This is a freedom granted by the writers of the software, and
       | copyleft means that this right is ensured through any chain of
       | modifications by additional authors.
       | 
       | In this same way, the GPL and like licenses are the _most
       | permissive licenses_ from the perspective of every eventual user
        
         | aaomidi wrote:
         | Yeah this is not a "no license" freedom situation. People
         | routinely get this wrong.
        
       | crazypython wrote:
       | > So if you violate the licence, it is terminated. That's it.
       | Given that "you" may refer to a corporation, this creates the
       | following disturbing possibility:
       | 
       | GPLv3 fixed this, after being notified of a violation, you have
       | 30 days to remedy it
        
       | charcircuit wrote:
       | I used to use the GPL license to license my software, but now it
       | seems like it is too much of a legal nightmare, so I've stopped
       | using it.
        
         | yardstick wrote:
         | What did you switch to?
        
         | nix23 wrote:
         | GPL is a nice idea...but you need lawyers lots of money and
         | time. I hate lawyers and i don't have time for that bs nor do
         | it have/want money to spend for lawyers, i was a diehard gpl
         | evangelist in my 20`s, now it's BSD/MIT/ISC (and not diehard
         | anymore...more like IDGAS)...and i really don't care for
         | religion anymore...just quality and real freedom.
        
           | tssge wrote:
           | >GPL is a nice idea...but you need lawyers lots of money and
           | time.
           | 
           | This applies to any license. BSD/MIT/ISC rules can be broken
           | as well and the only means to rectify it in the case that the
           | other party refuses to cooperate is to resort to litigation.
        
             | nix23 wrote:
             | >BSD/MIT/ISC rules can be broken as well
             | 
             | No one cares and no one has interests to break them for
             | financial gain...not even lawyers (that's the good part)
        
           | assttoasstmgr wrote:
           | My company does whatever it can to comply with GPL
           | requirements and it is nothing short of a goddamn nightmare.
           | Nothing like sitting in a conference room for hours with
           | lawyers while we poured through the licenses for 250
           | different packages; we would have been better off just
           | burning the money. My conclusions are that most Linux
           | distributions are an amalgam of software packages with
           | licenses that are _fundamentally incompatible_ with each
           | other; the GPL is extremely poorly written with lots of
           | vagaries. I don 't think there is a path to 100% compliance;
           | you just make sure your heart is in the right place and hope
           | for the best.
           | 
           | Ultimately, we concluded we are moving to BSD on future
           | projects where possible. Not because of some overwhelming
           | need to keep source closed from customers, rather just to
           | avoid the mess.
        
             | jka wrote:
             | The other way to avoid this would be to lean copyleft for
             | your own codebase(s). If they're made public and you
             | include the appropriate source code references for the
             | dependencies you rely on, then you should be in the clear
             | legally (and perhaps morally, although that's a separate
             | topic).
        
             | nix23 wrote:
             | >short of a goddamn nightmare
             | 
             | It is....don't touch lawyers if you want to get real wok
             | done.
        
             | posguy wrote:
             | Those 250 packages likely don't have custom forks of the
             | GPL license. Handling of legal requirements for each
             | package should be templatable by management based on
             | whether a particular package is GPLv2, GPLv3 or AGPLv3 and
             | has a linking exception.
        
           | badsectoracula wrote:
           | > and i really don't care for religion anymore...just quality
           | and real freedom.
           | 
           | The freedom that GPL is about isn't about the developer's
           | freedom to do whatever they please but about the user's
           | freedom from the developers' whims. This isn't some arbitrary
           | nebulous religion-like dogma but comes from the very
           | practical issue of developers inherently having power over
           | the programs they write and, by extension, power over the
           | users who rely on those programs.
           | 
           | Remember that the entire free software thing didn't start
           | because the Emacs god visited Stallman in his sleep but
           | because he was denied access to the source code that would
           | help him fix his lab's printer.
        
       | tsimionescu wrote:
       | > The userspace ABI is stable and intended not to cause anything
       | targeting it to become a derived work. But once again, this seems
       | to be a way in which the kernel project seems to think it has the
       | power to interpret the GPL. In their minds, targeting the
       | userspace ABI doesn't make a derived work, but writing a module
       | does, unless it only targets GPL_ONLY symbols, in which case for
       | some reason it isn't.
       | 
       | I think this whole part applies as much to the text of the GPL
       | itself as to the common Linux explanation. The GPL draws a
       | distinction between dynamic linking, static linking, and use over
       | a network or through a CLI style interface to decide if a work is
       | a derived work of the GPL program. But, this distinction is just
       | a novel legal theory proposal at best - there is nothing in
       | copyright law that would make the GPL distinctions authoritative.
       | 
       | A license simply doesn't get to decide what constitutes a derived
       | work - that's entirely up to copyright law itself and the court
       | system to decide.
       | 
       | On the other hand, unless and until Congress decides to
       | explicitly legislate how copyright should apply to software, the
       | courts can very well take common industry practice into
       | consideration for judging what is and is not a derived work of a
       | program, and in this sense the Linux kernel developers' opinion
       | is in no way less impactful than the proposals in the GPL itself.
       | 
       | Furthermore, in a matter of contract law (so assuming that the
       | work is indeed judged to be derived according to copyright law,
       | but now judging whether the GPL may offer some relevant
       | exemptions), the stated intentions and interpretations of the
       | parties of the contract are indeed relevant. If there is a long
       | history of kernel developers publicly stating that as long as you
       | are not using GPL_ONLY symbols, your work should not be
       | considered to be under the purview of the GPL, and if this has
       | not been commonly publicly contested, I think that in an actual
       | trial this will matter much more than other interpretations of
       | the GPL.
        
         | Borealid wrote:
         | I think there's some confusion in the above post.
         | 
         | The relevant "derived work" definition for the purpose of
         | linking isn't one stemming from copyright law, it's the one in
         | the GPL itself. This is because the GPL defines what licensees
         | are permitted to do with the licensed work, and it imposes
         | restrictions on those rights. Copyright law by default lets you
         | make very little use of the software - the GPL broadens that
         | out to include various forms of use, if (and only if) "derived
         | works" fall within its scope.
         | 
         | You could ignore the GPL and static-link a piece of software to
         | a GPLed library, but if you did so, you'd legally need a
         | different right to use the GPLed library, because you hadn't
         | complied with its license terms and so only have your minimal
         | rights to use someone else's intellectual property.
         | 
         | Said differently, the GPL doesn't try to apply itself to
         | "derived works" because of some contralegal dictum they don't
         | have a different creative origin. It merely says "you have two
         | choices - license the things you link with OUR stuff under OUR
         | terms, or you don't have the right to use our stuff".
        
         | temac wrote:
         | > I think this whole part applies as much to the text of the
         | GPL itself as to the common Linux explanation. The GPL draws a
         | distinction between dynamic linking, static linking, and use
         | over a network or through a CLI style interface to decide if a
         | work is a derived work of the GPL program.
         | 
         | I just rechecked and it does not seem the GPLv2 does such
         | things. I've not rechecked for v3, but from memory it does not
         | do that either.
         | 
         | I completely agree with you that clear intent is important
         | though.
        
           | mustache_kimono wrote:
           | I think she/he's trying to say -- the FSF draws such
           | distinctions, but I think you're right the GPLv2 doesn't, and
           | these are all just post-hoc rationalizations.
        
       | robertlagrant wrote:
       | Never mind a clean room interpretation; if we can get one project
       | to wrap the ABI and everyone build against that project then
       | there's only project that can be sued :-)
        
       | btdmaster wrote:
       | This is no cure, but quite a few kernel developers have signed
       | this: https://www.kernel.org/doc/html/v5.16/process/kernel-
       | enforce...
        
       | oxguy3 wrote:
       | While it's not ideal to have Linux being used in ways that aren't
       | permitted by the license, it's not necessarily a violation of
       | anyone's rights. These license-incompatible uses of Linux are
       | ongoing and readily apparent. There's a decent argument to be
       | made that anyone contributing to Linux should have reasonably
       | expected that their contributions would be used in this way, even
       | if it wasn't in the license. Courts have to deal with resolving
       | disputes where the terms of agreement weren't clearly documented
       | all the time.
       | 
       | Obviously that's a bit flimsy and it'd be preferable that the
       | license be bulletproof, but it is what it is. It only becomes a
       | problem if someone gets litigious. If that happens, and it's
       | someone who's made a small contribution, then their code can
       | probably just be purged and rewritten. If it happens with a
       | bigger contributor, then the argument that they should have known
       | what was going on becomes stronger.
       | 
       | Hopefully it never becomes an issue. /shrug
        
         | ladyanita22 wrote:
         | The problem (for me) is that nowadays most of our IT
         | infrastructure depends on Linux. Depending on an operating
         | system hoping that nobody ever gets litigious because it's
         | licensed in such a way that it creates this risk is, for me, a
         | bit problematic.
        
       | boomboomsubban wrote:
       | *2015
        
         | ladyanita22 wrote:
         | Is it any less relevant?
        
           | dang wrote:
           | It's just the convention on HN to put the year in the title
           | when it's an older story. Users often point it out as a hint
           | to whoever can add it to the title. No criticism is implied!
        
             | ladyanita22 wrote:
             | My bad! I wasn't aware of such a convention.
             | 
             | Good to know!
        
           | [deleted]
        
       | ladyanita22 wrote:
       | I believe there may be some reasons why you may want proprietary
       | (or incompatibly licensed) kernel modules. In such cases, as long
       | as you didn't take code from the Kernel, I believe it shouldn't
       | be considered a derivative work. I believe my opinion is quite
       | unpopular and not share within the FOSS community.
       | 
       | I honestly speaking prefer BSD or MIT for the linking purposes. I
       | believe forbidding linking makes it too restrictive for some use
       | cases.
       | 
       | Particularly striking to me is this sentence: "It is rather
       | ironic that in some ways, one has more freedom in how one
       | licences a kernel driver for Windows than the freedom one
       | supposedly has in writing a kernel module for Linux. "
       | 
       | It makes me believe there's something wrong in the current state
       | of things.
        
         | RustyRussell wrote:
         | Sure, but when I was a kernel dev I considered it a reasonable
         | line: it's not that hard to create your own kernel if you want
         | a different licence.
         | 
         | It was one reason I worked on the kernel: that all your
         | software should be hackable. I probably would have found
         | something else to do if the licence were different.
        
         | fao_ wrote:
         | > I believe it shouldn't be considered a derivative work
         | 
         | Isn't the point of the majority of this document, that nobody,
         | not individual rightsholders, nor the FSF, not even the Linux
         | Kernel Project, has the legal authority or knowledge to
         | interpret the LGPLv2. That fundamentally the LGPLv2 is a legal
         | document and therefore the only people able to create an
         | interpretation of this document are lawyers, and even then,
         | their interpretation is subject to how a judge might decide in
         | a court of law?
         | 
         | So therefore, your beliefs, my beliefs, anyone's beliefs on
         | this are mere conjecture or supposition, and can be considered
         | essentially worthless. Ultimately, how it plays out depends on
         | legal precedence, jurisdiction, judge, hell- the weather on the
         | day of the trial and the specific circumstances in which it is
         | brought up in the court system.
         | 
         | Ergo, isn't it more than a little presumptuous to debate on
         | this matter? To put forth your opinion and opine it as what you
         | believe, and therefore as some degree of possibility or fact,
         | despite there being essentially no reference point unless a
         | lawyer was actually contacted and was able to provide an
         | interpretation?
        
           | ladyanita22 wrote:
           | I believe this reply is presuntous.
           | 
           | Edit: Also, this is about the GPL2, not the LGPL.
        
       | phendrenad2 wrote:
       | Good writeup on the intricacies and consequences of the Linux
       | kernel being GPLv2 licensed.
       | 
       | The actual headline is debatable.
       | 
       | However, It seems to me that the license doesn't matter that
       | much, since everyone has a vested interest in Linux being exactly
       | the way it is, GPL_ONLY weirdness and all. It's unlikely that
       | someone will show up and fork Linux and explicitly break the
       | license (using GPL_ONLY symbols in a non-GPL context), because
       | that person or company would be excommunicated from the Linux
       | fold.
        
         | ladyanita22 wrote:
         | How feasible is it to avoid using GPL_ONLY symbols? Because if
         | you for sure need GPL modules for some use cases[1], then I
         | believe the point still stands.
         | 
         | [1] This is, being unable to even reimplement the functions
         | yourself in a self-contained module.
        
         | AshamedCaptain wrote:
         | Except if VMware does it. In that case, they're welcome to join
         | the Linux Foundation. (previously on HN
         | https://news.ycombinator.com/item?id=9151799 )
        
       | [deleted]
        
       | AshamedCaptain wrote:
       | > Actually, it gets worse. Here's what the GPLv2 says about
       | termination:
       | 
       | > So if you violate the licence, it is terminated. That's it.
       | Given that "you" may refer to a corporation, this creates the
       | following disturbing possibility:
       | 
       | This is called the GPL death penalty, has actually happen in the
       | past even before the article was written.
       | 
       | It is yet another thing fixed by the oft-maligned GPLv3. Samba
       | switched to GPLv3 because of it.
       | https://ftp.samba.org/pub/samba/slides/linuxcollab-why-samba...
        
       | rosenjcb wrote:
       | I agree: neither Linus nor FSF have authority to interpret the
       | GPL. The way you find out if a license is enforceable is if you
       | take it to arbitration or court. There's not enough case law in
       | this area to smooth out our understanding of what is and isn't
       | allowed.
        
       | Comevius wrote:
       | I rather use Mozilla Public License 2.0, Eclipse Public License
       | 2.0, or EUPL 1.2 for copyleft purposes.
       | 
       | Strong copyleft as a concept has no legal reality. Linking a
       | program to another don't produce a derivative work.
       | 
       | https://joinup.ec.europa.eu/collection/eupl/news/why-viral-l...
       | 
       | FSF is full of baloney about how static or dynamic linking is
       | different than communicating for example through sockets. To be
       | able to use the program I have to link it. What manner I choose
       | to do that or available to me should not matter. I should also be
       | able to reproduce portions of a program necessary for linking.
       | Interoperability does not interfere with the legitimate interest
       | of the licensor, or conflict with normal usage.
        
         | mustache_kimono wrote:
         | I wish the FOSS community would rally around this idea.
         | 
         | Re: GNU/FSF, I think they've done a real disservice to the FOSS
         | community misrepresenting the state of American copyright law.
         | Yes, to a certain extent it's understandable. But also -- I
         | wish someone with credibility with devs/FOSS users would
         | finally say: "This is such an illusion, it's mostly a joke."
        
         | ladyanita22 wrote:
         | That'd be more akin to the Apple Public License, right?
        
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