Re: patent on O_ATOMICLOOKUP [Re: [PATCH] loopable tmpfs (2.4.17)]

Wolfgang Denk (
Sat, 25 May 2002 20:26:12 +0200

In message <> you wrote:
> On Sat, May 25, 2002 at 07:50:30PM +0200, Wolfgang Denk wrote:
> > I do like it very much when all code I write is GPLed, but there are
> > situations where a there are good reasons for some application code
> > to remain closed.
> Yeah, like you're trying to make money. Which is fine. But if that

No. Actually this is _NOT_ my concern. I get payed for the software I
develop no matter if it's free software or propretary stuff, so from
the monetary point of view I don't have to care.

> "application" needs to use the RT/Linux patent in order to work, it
> either has to buy a license or be GPLed.

But this is an ADDITIONAL restriction, which violates the GPL, which
is the base of the RTL code, or isn't it?

> It's somewhat two faced that the protesters here are arguing that
> everything has to be free in order for Linux to be used as a RT platform,
> but then come back and complain that the FSMlabs patent says everything
> has to be free if you don't want to pay.

What they say (in public), and what they actually do, are different

> Maybe Victor should have used a different model: if no money changes hands,
> then it's free to use the patent, if money changes hand, FSMlabs wants a

Define "if money changes hand". Let's say I develop a smart
controller software for disk drives, and I give it (maybe for money,
maybe for free, maybe under GPL or not) to IBM and Maxtor and
Seagate. The disk manufacturers make modifications to the code, and
embed it into their disk drives. Then they sell the drives to Dell
and HP and ... Those sell PCs to many, many vendors, who sell the PCs
to you and men and ...

> cut. I think that was the intent, but as with all things, it's hard to
> state that clearly in a legal document. If that was the intent, I support
> it, I think it's perfectly reasonable.

If that was the case, Victor should have been able to explain his
intentions to anybody in public. Why did he never do that? But spread
FUD instead?

Wolfgang Denk

Software Engineering:  Embedded and Realtime Systems,  Embedded Linux
Phone: (+49)-8142-4596-87  Fax: (+49)-8142-4596-88  Email:
"If that makes any sense to you, you have a big problem."
                                  -- C. Durance, Computer Science 234
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to
More majordomo info at
Please read the FAQ at