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

[Wolfgang Denk]

In message <[e-mail]> 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
things.

> 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: [phone]  Fax: [phone]  Email: [e-mail]
"If that makes any sense to you, you have a big problem."
                                  -- C. Durance, Computer Science 234