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  • Why GPL-licensed code is dangerous for businesses to use



    Microsoft's Linux Kernel Code Drop Result of GPL Violation
    posted by Thom Holwerda on Thu 23rd Jul 2009 09:43 UTC
    IconSometimes, some things are just too good to be true. Earlier this week, Microsoft made a relatively stunning announcement that it would contribute some 20000 lines of code to the Linux kernel, licensed under the GPL. Microsoft isn't particularly fond of either Linux or the GPL, so this was pretty big news. As it turns out, the code drop was brought on by... A GPL violation.

    This story begins when Stephen Hemminger, principal engineer with open-source network vendor Vyatta and Linux contributor, finds out that a network driver in Microsoft's Hyper-V uses open source components licensed under the GPL. These components were statically linked to closed-source binaries, which the GPL does not allow.

    Consequently, Hemminger contacted Linux Driver Project head Greg Kroah-Hartman, who works for Novell. Commendably, Hemminger wanted the case to be worked out without fireworks and massive media attention. "Since Novell has a (too) close association with Microsoft, my expectation was that Greg could prod the right people to get the issue resolved," he writes on his blog.

    When the code drop was announced Monday, nor Microsoft, nor Kroah-Hartman spoke of the violation. To confirm the story, About-Microsoft blogger Mary-Jo Foley contacted Kroah-Hartman, and he confirmed that Hemminger is indeed correct: the code drop seems to have been brought on by a GPL violation.

    A "break from the ordinary" and a "significant milestone"? None of that - just a silently handled case, with an overdose of marketing spin, to prevent a major embarrassment for Microsoft.
    This is precisely why every company I've ever worked for has a strict no GPL rule.

    Does GPL help or hurt the open source movement?
    "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
    Ben Kenobi: "That means I'm doing something right. "

  • #2
    Hemminger played his cards correctly here. Better to play it low and be on Microsoft's good side then to raise a stink fit out of a hunger for fame or greed.

    It will pay off for him in the end.
    The Wizard of AAHZ

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    • #3
      Originally posted by Asher View Post
      Does GPL help or hurt the open source movement?
      That's kind of like asking if gas helps or hurts an engine. You can do pretty much the same thing with an electric motor, but then it's a fundamentally different process.
      "In the beginning was the Word. Then came the ******* word processor." -Dan Simmons, Hyperion

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      • #4
        Originally posted by Koyaanisqatsi View Post
        That's kind of like asking if gas helps or hurts an engine. You can do pretty much the same thing with an electric motor, but then it's a fundamentally different process.
        I don't think that's an apt comparison. The GPL is just one brand of gasoline engine. Is Honda's engine better than GM's?

        The GPL, while frequently synonymous with open source, is not all open source.
        "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
        Ben Kenobi: "That means I'm doing something right. "

        Comment


        • #5
          No, of course not. But the GPL (and, more broadly, viral licenses in general) does something that is fundamentally different than just writing public domain code. Which is open source? If you're including the latter, then you'll get into a lot of arguments with the Stallmanites (not that you don't already).

          Honestly, I think the bigger problem in open source is license proliferation in general. It's gotten to be such a mess that you barely dare to work on large projects any more because of all the interactions.
          "In the beginning was the Word. Then came the ******* word processor." -Dan Simmons, Hyperion

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          • #6
            The BSD license was perfect. Don't know why we need so many more.
            "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
            Ben Kenobi: "That means I'm doing something right. "

            Comment


            • #7
              The above article doesn't make any sense. What was the closed source binary and whose GPL code was it linked with?

              Comment


              • #8
                Originally posted by Asher View Post
                This is precisely why every company I've ever worked for has a strict no GPL rule.

                Does GPL help or hurt the open source movement?
                How is the rule usually drafted? Do you mean that employees are forbidden to write GPL code on their own time independent of company resources?
                I came upon a barroom full of bad Salon pictures in which men with hats on the backs of their heads were wolfing food from a counter. It was the institution of the "free lunch" I had struck. You paid for a drink and got as much as you wanted to eat. For something less than a rupee a day a man can feed himself sumptuously in San Francisco, even though he be a bankrupt. Remember this if ever you are stranded in these parts. ~ Rudyard Kipling, 1891

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                • #9
                  How the **** would they enforce that? Would that even be a legal clause in a regular employee's contract?

                  I think asher's saying that the company forbids the inclusion of GPL code, use of GPL libraries etc in company products.
                  12-17-10 Mohamed Bouazizi NEVER FORGET
                  Stadtluft Macht Frei
                  Killing it is the new killing it
                  Ultima Ratio Regum

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                  • #10
                    I've seen clauses like that (or that they can't write any code outside the company period, anything they write belongs to the company...I believe the famous case is an Apple employee that wrote an app that Apple appropriated). But yeah, Asher is talking about using GPL'd code in company projects.
                    "In the beginning was the Word. Then came the ******* word processor." -Dan Simmons, Hyperion

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                    • #11
                      There's a difference between including a clause and being able to enforce the clause.
                      12-17-10 Mohamed Bouazizi NEVER FORGET
                      Stadtluft Macht Frei
                      Killing it is the new killing it
                      Ultima Ratio Regum

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                      • #12
                        I assume that most employees wouldn't seek to dare their employer to enforce the clause.
                        I came upon a barroom full of bad Salon pictures in which men with hats on the backs of their heads were wolfing food from a counter. It was the institution of the "free lunch" I had struck. You paid for a drink and got as much as you wanted to eat. For something less than a rupee a day a man can feed himself sumptuously in San Francisco, even though he be a bankrupt. Remember this if ever you are stranded in these parts. ~ Rudyard Kipling, 1891

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                        • #13
                          Originally posted by KrazyHorse View Post
                          There's a difference between including a clause and being able to enforce the clause.
                          That was why lawyers was spawned from the tar pits of hell
                          With or without religion, you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.

                          Steven Weinberg

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                          • #14
                            Yeah, the one I was thinking of didn't fight it because he didn't have the financial resources to go toe to toe with Apple. But it's hardly the only time it happened. I don't know if it's ever actually been tested.
                            "In the beginning was the Word. Then came the ******* word processor." -Dan Simmons, Hyperion

                            Comment


                            • #15
                              Originally posted by Kuciwalker View Post
                              The above article doesn't make any sense. What was the closed source binary and whose GPL code was it linked with?
                              It had something to do with virtualization implementation, and it was linked (statically) to some binary but GPLed tool.
                              "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                              Ben Kenobi: "That means I'm doing something right. "

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