GNU Project and Free Software Foundation founder Richard Stallman posted a message on the OpenBSD -misc mailing list titled, "real men don't attack straw men", suggesting that some comments he had made were being misrepresented. He noted, "one question particularly relevant for this list is why I don't recommend OpenBSD. It is not about what the system allows. (Any general purpose system allows doing anything at all.) It is about what the system suggests to the user." He went on to note that though he knew of no non-free software included in the base OpenBSD system, there was non-free software distributed via the ports collection, "if a collection of software contains (or suggests installation of) some non-free program, I do not recommend it."

In the email, RMS added that he was unsure whether or not OpenBSD includes any non-free firmware blobs. It was pointed out that OpenBSD is known for being explicity focused on not shipping blobs. As for binary firmware, Reyk Floeter explained, "there is a major difference between binary blobs and firmware images; the blobs are loaded as code into the OS kernel, but the firmware runs directly on the device on crappy embedded micro CPUs." Reyk is the author of the reverse engineered ar5k HAL OpenBSD uses to support the Atheros wireless chipset, which was recently adopted by the Linux-based MadWifi project in their ath5k driver. Reyk added, "I'm clearly against binary blobs in the kernel, and in contrast to most of the GNU/Linux dudes I _did_ some against it by writing ar5k, instead of pointing into the wrong direction. This open firmware discussion is just a joke to make the relevant discussion, binary blobs in the OS kernel, irrelevant." Marco Peereboom added, "OpenBSD is by far the most free OS in the landscape. Everything that ships with it is free or else it won't be distributed with it. There is not a single open source OS out there that is more careful than OpenBSD on licensing, copyrights and frivolous patents."

"People who had problems with unsupported Atheros devices (single chip variants found in recent laptops, macbooks, etc.) should get the latest code from CVS and test it..." OpenBSD Reyk Floeter announced regarding recent improvements to his reverse engineered HAL adding support for 11b mode. He noted that the new code wasn't without fault yet, adding, "hacked and tested in the Melbourne Museum during the AUUG 2007..." Reyk explained the changes in his commit message:

"The newer single chip Atheros wireless chipsets like the AR5424, AR2423 etc. are mostly compatible to the AR5212 but use a different algorithm to set the 2GHz RF channel, that's why they didn't work in OpenBSD. I figured out that the channels were set with an offset, setting channel 11 in the driver caused the hardware to set channel 5 etc. Because I didn't figure out the pattern to fix the algoritm yet, I fixed it in a workaroundish way by defining a small 'table' with offsets for the 11b channels to get the right results. For example, if we want to set channel 11 (2462MHz), we add an offset of -30MHz, and feed the result (2432MHz ^= channel 5) into the unmodified AR5212/AR5112 RF setup function.

"Long description for a commit message, but it needed some time to figure it out. It is still not perfect, needs some more work, and it doesn't work in all cases; but it allows to use newer chipsets in 11b mode restricted to 1 or to 2Mbit/s. 11a mode seems to work without problems so far."

"We, the MadWifi team, announce our decision to move away from the binary-only HAL and change the focus of our future development towards ath5k, a completely free (as in freedom) driver which will eventually become an integral part of the Linux kernel," Michael Renzmann posted to the MadWifi development mailing list. The decision comes during continued debate surrounding what is and what is not allowed by the BSD license, and with no official statement yet from the SFLC. Much of the debate was due to an attempt to release BSD licensed files under the GPL, visible for example in the ath5k_hw.c source file which is still labeled as available "under the terms of the GNU General Public License" in the latest version of the file checked into the source repository linked from the MadWifi project page. It appears that actual development of the ath5k driver has been moved to Linville's git tree, where the license is now purely BSD, though debate remains as to what's required to be able to add additional copyrights to source code as have been added to the reverse engineered HAL code originally written by Reyk Floeter. In an earlier confrontation with Atheros, the work done by Reyk was determined to be free of copyright infringement:

"A driver for Atheros wireless cards is available in OpenBSD that talks directly to the hardware, based on reverse engineering efforts done by Reyk Floeter. Relevant parts of the driver have been ported to Linux by Nick Kossifidis to start OpenHAL, a free (as in freedom) replacement of the proprietary HAL. Claims that the OpenBSD driver (and thus also OpenHAL) contains stolen code slowed down the OpenHAL efforts but finally could be voided. The Software Freedom Law Center (SFLC), with the help of Atheros, performed a thorough code review and concluded "that OpenHAL does not infringe copyrights held by Atheros". In other words, the way is clear now for the inclusion of an OpenHAL-based driver into the Linux kernel."

"Reyk and I have decided to show something from the private handling of this Atheros copyright violation issue," OpenBSD creator Theo de Raadt began in a posting to the OpenBSD -misc mailing list referring to the recent relicensing of OpenBSD's BSD licensed Atheros driver under the GPL. He noted, "it has been like pulling teeth since (most) Linux wireless guys and the SFLC do not wish to admit fault. I think that the Linux wireless guys should really think hard about this problem, how they look, and the legal risks they place upon the future of their source code bodies." He stressed that the theory that BSD code can simply be relicensed to the GPL without making significant changes to the code is false, adding, "in their zeal to get the code under their own license, some of these Linux wireless developers have broken copyright law repeatedly. But to even get to the point where they broke copyright law, they had to bypass a whole series of ethical considerations too." Theo went on to explain:

"I believe these people have received bogus advice from Eben Moglen regarding how copyright law actually works in a global setting. Perhaps the internationally based developers should rethink their approach of taking advice from a US-based lawyer who apparently knows nothing about the Berne Convention. Furthermore, those developers are getting advice freely from ex-FSF people who have formed an agency with an agenda. Some have suggested that the SFLC was formed to avoid smearing the FSF with dirt whenever the SFLC does something risky. Don't get trampled; there could be penalties besides looking unethical and guilty. Be really cautious, especially with things like this coming to mess with our communities."

Author of OpenBSD's hardware driver layer for wireless Atheros devices, Reyk Floeter, sent a query to the Linux Kernel mailing list regarding the recent licensing debate surrounding the Linux "ath5k" driver, "I'm still trying to get an idea about the facts and the latest state of the incidence that violated the copyright of my code, because I just returned from vacation." He continued:

"I'm very disappointed about this and I hope that it was a mistake, because it is very unfair and malicious against me and the OpenBSD community. I invested a lot of time to write the code and to make it work with as many chipsets as possible. And during the last years, the OpenBSD community helped to test and to improve the driver. I always liked the idea to port it to other operating systems, but now somebody harmed these efforts by violating the license."

Reyk explained that he has cooperated with developers porting his free Atheros driver from OpenBSD to other operating systems, "because it is a clear sign against hardware companies attacking the free software 'community' by releasing binary-only driver objects instead of free code or hardware documentation." He explained that he had worked with the developers who ported his driver to Linux as "OpenHAL", "we exchanged ideas, bug fixes, and small code snippets. They sent me some bug reports and I also looked at their changes and reported some functional problems. This was possible because they kept the license in place." Finally he expressed concern that this would no longer be possible if the license was changed, "somebody wants to cancel any options to cooperate by locking me out with a prepended GPL and an invalid copyright on top of it."

Discussion continues on the Linux Kernel mailing list about the legality and morality of re-licensing BSD/GPL dual-licensed code under only the GPL. Alan Cox replied to Theo de Raadt's comments suggesting he was encouraging people to break the law, "re-read my email and then apologize. I do question the .h files where they are BSD licence and no changes were made to the work. I also point out that the dual licence on that code appears to give permission to distribute under one of those licences by choice." In response to Theo's request that code be shared both ways rather than converted to a sole GPL, "that's about the first thing I would agree on - its somewhat rude and not something I personally would usually choose todo." He then cautioned that this was a limitation of the BSD license:

"If OpenBSD wants a world where code must be returned, but you can mix it with free code in a product in some fashion and do binary only releases then OpenBSD needs to fix its licencing. Not to GPL which is clearly not the BSD intention but to something which does what BSD wants rather than an academic research licence developed thirty odd years ago for the purpose of showing that US research funds were properly spent. Perhaps its time for BSD2 licencing?"

In a recent series of patches posted to the Linux Kernel mailing list, it was proposed that some imported Atheros wireless device drivers be re-licensed, some from a dual-BSD/GPL license, others from a modified BSD license, all to a pure GPLv2 license. Christoph Hellwig asked, "is this really a good idea? Most of the reverse-engineering was done by the OpenBSD folks, and it would certainly be helpful to work together with them on new hardware revisions, etc.." Luis Rodriguez suggested that there was no choice, "technically the best we can do is to leave the license as dual licensed, but keep in that technically that means nothing and is just for show, the GPL is what would apply as its derivative work and is the most restrictive license."

The patch series was also discussed on OpenBSD's -misc mailing list where it was asked, "is Reyk [Floeter] and others working on this drivers code dual licensed (from the diff it doesn't seem like it is, since I see a BSD 3 Clause)? Also say I submit a patch for this driver, does that mean this will have to be dual licensed also or can I choose if it is BSD 3 Clause or GPLv2?" Theo de Raadt replied pointing out that there are two parts to the driver, one part written by Reyk Floeter, and another part written by Sam Leffler, "Reyk's code is *NOT* dual-licensed under the GPL. He has explicitly stated that his code is not dual-licenced. The file have no GPL on them. He's the author, he said so. None else can add a GPL to it." He went on to note that the files written by Sam Leffler are dual licensed with the clause, "alternatively, this software may be distributed under the terms of the GNU General Public License ("GPL") version 2 as published by the Free Software Foundation," stressing that 'alternatively' means 'or', "that means that if anyone makes changes to that file and distributes it, after their changes are in the file then EITHER license will apply."

Tables are cluttered with laptops, servers, switches, cables and cords as the 2006 OpenBSD hackathon continues in Calgary, Canada. Small groups of developers talk and debate around LCD screens, while others work individually on their own projects. Behind the scenes, a donated 10 megabit wireless connection provides Internet access to all. IP addresses and DNS are provided by stock bind and dhcpd processes running on an OpenBSD server. Among other things, the infrastructure area hosts an HP DL385 with 24 GB of memory that was recently donated by HP, a G5, several Sun Blade 2000's, and an assortment of PowerPC, Alpha and Opteron-based servers. A console server provides serial connections to the servers along with logs of what went on on the serial console, useful for debugging. Power issues on the first day were resolved by evenly spreading the servers and many laptops across the available circuits in the hackathon room. Chris Kuethe explained, "the whole point of the infrastructure is that it's not supposed to be exciting, it's just supposed to be there, like a light switch."

I have spoken with another 28 OpenBSD developers from Turkey, Iceland, Ireland, Germany, Sweden, Switzerland, Denmark, Australia, Austria, Hungary, the US, and Canada. Efforts are being made on ACPI, the VFS subsystem, link-layer authentication, OpenBGPD, tcpdump, XFree86, pf, CARP, dvmrpd as a replacement for mrouted, OpenRCS, OpenCVS, the USB layer, prebinding, ipsecctl, 10 gig Ethernet support, link layer path mtu discovery, several new and improved drivers, amd64 large memory support, new CD and DVD recording features for cdio, improvements to mg, support for new architectures, numerous new and updated ports, and much more.

The OpenBSD project has long been associated with security. Indeed, thanks to proactively and regularly auditing its code, the project's web site is able to boast "only one remote hole in the default install, in more than 8 years," and another page states "our aspiration is to be NUMBER ONE in the industry for security (if we are not already there)." However, security is not the only focus of OpenBSD, as reflected in the project's slogan which reads, "Free, Functional and Secure." All three of these words are strongly backed by OpenBSD developers.

If you speak with OpenBSD creator Theo de Raadt for any length of time, you will quickly realize just how important freedom is to the project. For example, freedom was the driving force behind the now ubiquitous OpenSSH, developed within the OpenBSD project. It has also lead to the development of OpenNTPD, OpenCVS, and the widely used pf Packet filter [story]. In recognition of these many contributions, Theo recently received the 2004 Free Software Award from the Free Software Foundation. The freedom that the OpenBSD team works so hard for comes without any strings, patents, or conditions, distributed under the BSD license.

Currently, the OpenBSD project is focusing on wireless networking technology, working to convince hardware manufacturers to make the firmware for their wireless cards freely distributable. It sounds simple enough, but the effort has taken much persistence and perseverance. Many of today's corporations require the signing of non-disclosure agreements and other legal red tape prior to making firmware or documentation available, requirements that don't measure up to OpenBSD's standards for freedom.