Re: bcw(4) is gone

Previous thread: fs ACLs and hide processes by lukasz on Thursday, April 5, 2007 - 2:53 pm. (3 messages)

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To: <misc@...>
Date: Thursday, April 5, 2007 - 2:55 pm

In case you don't follow -current commits,
http://marc.info/?l=openbsd-cvs&m=117579052530442&w=2

bcw(4) is gone

To: <misc@...>
Date: Tuesday, April 10, 2007 - 6:19 am

if someone is still reading the thread...

1. marcus makes mistake
2. michael tells the world
3. theo plays theater

1. it's not rocket science not to commit gpl licensed code into
the public cvs tree under a bsd license and let it sit there for
months. esp. with the openbsd kind of draconian license audits.
it's not rocket science, and thus it's hard for linux people to
believe it was not intentional, but again, its obviousness is
the proof it couldn't have been intentional. pray, who wouldn't
have noticed the gpl code in there?

2. let's stop for a moment, and think why michael would make a
mistake like this, again, it's not rocket science, it was a
mistake. let's play the associations game. i say "openbsd
developer" you say the first three things that come into your
mind. ready? go. mine were: "theo", "arrogant", and
"difficult". now let me state publicly after my fair share of
flame wars on misc@ that i do not believe on any day, that all
openbsd devs are like this. not even the majority. maybe no
one is like that these days... but the thing is, that these are
some of the attributes openbsd got associated with in the past,
a stigma. so i wouldn't be surprised if michael just skipped
the first step of the rules of engagement and called in the
heavy artillery right away. it's not that far fetched, do you
work in big company? the first thing you learn is to cc: all
the managers if you want to get something done for real. so he
did. at this point there could have been a nice and easy
solution if markus just explained publicly what he did.

3. theo's repeated (to the point of "shut up, already!", which
he uses so frequently) cries for empathy, downplaying marcus's
mistake and at the same time enlarging michael's is the most
postmodern literature i have read this year. it's absurd.
imagine theo with tears in his eyes calling for empathy because
one of his developers has made a mistake and he's still managing
to insult people in the process! just brilliant.

...

To: <misc@...>
Date: Tuesday, April 10, 2007 - 6:31 am

lalalala

To: <misc@...>
Date: Tuesday, April 10, 2007 - 7:33 am

Is it funny? Fuck off!!! lalalala

To: Doug Brewer <brewer.doug@...>
Cc: <misc@...>
Date: Tuesday, April 10, 2007 - 5:11 pm

it is not funny but all this GPL discussion and speculations will not
bring it back.

reyk

To: <misc@...>
Cc: Diana Eichert <deichert@...>
Date: Thursday, April 5, 2007 - 3:29 pm

Marcus Glocker, mglocker@openbsd.org, knows a big deal about wireless
LANs. He has been involved in many of our wirelesss driver, he has also
written applications for wireless applications like rtunes. He wrote
the nostromo webserver. He is certainly the person who knows how to
write original code.

When it comes to bcw, a piece of hardware for that no documentation
exists, he decided to use the docs the linux folks have.

He began a rewrite of a bcw driver, inspired by the work of the linux
folks. His driver was not working yet, to give him a headstart, he used
some code of the linux folks with the clear intent to replace it with
his own. Just to make sure this shit works.

To ease his work, and to let others in our group to step in in his
efforts, he committet it to our work area which we call cvs.

The linux folks tooks this as the grounds to ride attacks agains Marcus,
claiming license violations.

Marcus, devoting his spare time to OpenBSD decided that this is
kindergarten and best left to the Linux amateurs and deleted his driver
from the OpenBSD cvs tree.

Now everyone has won, the Linux people, Broadcom and the OpenBSD users.

Thank you, Linux BCW developers!

To: OpenBSD Misc <misc@...>
Date: Friday, April 6, 2007 - 10:13 am

On Thu, 05 Apr 2007 21:29:52 +0200, "Marc Balmer" <mbalmer@openbsd.org>

When I read Michael Buesch's original e-mail, I figured this out. He was
probably just using it for testing purposes.
I do not call myself a programmer. I just know enough scripting to get

A CVS is not by any stretch of the imagination a public repository
of code for anyone to use. So no code was released hence no

<AntiLinuxRant>
Forget it. I was annoyed by the "GPL" Nazis and was going to write
a long diatribe, but what's the point. I would either be preaching to
the choir or just ignored as another one of those people who "just
don't get it".
</AntiLinuxRant>

To: <misc@...>
Date: Friday, April 6, 2007 - 8:50 am

actually, although the above is clearly meant in the sense if irony.
I take it literally and agree with it.

didn't cry a single tear about the adaptec shit either.

my laptop has some silly 3com softmodem, which is not supported and
I don't care that much. yes it would be more convenient to have it
working but I still have enough serial (not even pcmcia) modems to
carry around in case I need a modem which work better anyway.

in the whole thread on gmane there is the sentence

"I am going to take my toys and go home" is an immature, childish
response to an adult problem.

in this case I don't think so. why the fuck should I buy some trash
from nvidia, adaptec, broadcom and spend have people spending lifeblood
on doing the work of those when I can get stuff from amd,lsi,ralink ?

public market is not a democratic republic. the only vote there is the
vote of the feet. so people, don't buy and don't use trash dispose it
properly and there will be less trash on the market.

( the sentece wasn't meant or used in this way in ther original thread,
but the above is what came to my mind when I read it. in the original
meaning it was referring to the deletion of the driver from the tree.
I don't see this childish though. If we play we play for fun and not
for profit. when the fun is gone there is no reason to keep playing
unless one draws pleasure from the pain or fun is not the reason to
play. )

apart from that Michael Buesch obviously doesn't have the balls to
admit when he's wrong. like theo said, one pm would've been enough.
I can understand that and why he didn't do that and sent out the mail
to many, obviously he believed there was theft there and looking at
the situation he had some reason to believe that. but at least later
on he could've admitted that it was the wrong thing to do, that what
he saw was not somebody intentionally stealing something from them
but somebody putting things where they don't belong without realising
and considering the consequeces of hi...

To: Diana Eichert <deichert@...>
Cc: <misc@...>
Date: Thursday, April 5, 2007 - 3:24 pm

I don't believe Michael's initial intention was to have this happen, but
the nature of his first email made it almost guaranteed. For Marcus to
delete the driver is absolutely understandable, and I imagine I would
have done the same.

It's very sad to see people supposedly on the same side fighting instead
of helping each other. It's worth remembering that initial words on a
topic have a lot to do with how it turns out in the end.

--
Darrin Chandler | Phoenix BSD User Group | MetaBUG
dwchandler@stilyagin.com | http://phxbug.org/ | http://metabug.org/
http://www.stilyagin.com/ | Daemons in the Desert | Global BUG Federation

To: <misc@...>
Date: Thursday, April 5, 2007 - 3:16 pm

To: <misc@...>
Date: Thursday, April 5, 2007 - 3:36 pm

With apologies to everyone for off-color language...

What a bunch of douches.

To: <misc@...>
Date: Thursday, April 5, 2007 - 4:03 pm

I think it is sad, and a horrible representation of GPL coders. Michael
doesn't speak for all of us, and it is clear to anyone with common
sense that the first thing you do is contact in private.

Cc: <misc@...>
Date: Thursday, April 5, 2007 - 5:25 pm

And this make it even worst:

http://www.theinquirer.net/default.aspx?article=38746

All good work and good faith to come with better end results is
wrongfully drag into mud.

I read all the thread and this makes me sick!

It only makes me more sick with anything carrying GPL, Linux, and
Broadcom names on it. Even the part of the discussion about relicensing
code so that they can include it in their GPL because Linus refuse BSD
code was a twisted angle to try to justify their actions.

This makes me sick!

I guess all the Microsoft of the world that can't compete on good,
secure and clean code got an other win today as they can't beat the good
guys at their own game, well no need let them destroy each others so we
win anyway in the end.

A great day for the Open Source community I tell you.

This makes me so sick that I can't even come up with words to describe
it properly, so I will not try!

Where is the Open Community is going these days...

To: OpenBSD Misc <misc@...>
Date: Friday, April 6, 2007 - 10:22 am

On Thu, 05 Apr 2007 17:25:53 -0400, "Daniel Ouellet"

They stated that they don't want Broadcom to take their work and close
it. Why do they care? What possible difference does it make?
Broadcom will get a driver that actually works well?
They're not going to make any money off their work on the Broadcom
driver (the GPL nonsense makes sure of that) so why do they give
a flying f*** *what* Broadcom does with their code?

To: <misc@...>
Date: Monday, April 9, 2007 - 12:46 pm

Speaking as someone who has read more of the gnu.org and fsf.org Web
sites and (probably) listened to Richard Stallman speeches than most of
the OpenBSD user community:

Nothing in the GPL prohibits commercial use of code released under the
GPL. It is perfectly fine to sell copies of GPLed code at any price.
What is *not* perfectly fine is to sell copies of GPLed code without
allowing access to the source code.

The GPL is not about limiting commerical use of software. The GPL is
about preserving freedom (i.e. "share and share alike"). The GNU Ada
compiler is commerical software, which also happens to be released under
the GPL.

(It is worth noting that even Richard Stallman himself understands that
the GPL and LGPL are not always the best choices. One example of this:
<http://lists.xiph.org/pipermail/icecast-dev/2001-February/000005.html>)

--
Shawn K. Quinn <skquinn@speakeasy.net>

To: OpenBSD <misc@...>
Date: Monday, April 9, 2007 - 1:39 pm

Sounds like 1984 newspeak to me.

Greg

To: Greg Thomas <get.lists@...>
Cc: OpenBSD <misc@...>
Date: Monday, April 9, 2007 - 11:03 pm

"I'm not kicking you in the balls, I'm just rapidly moving my foot in
the general direciton of your crotch."

However. This is an OpenBSD mailing list and we have our licenses
pretty much figured out, so if you want to discuss GPL, please do it
where someone actually cares.

//art

To: Shawn K. Quinn <skquinn@...>
Cc: <misc@...>
Date: Monday, April 9, 2007 - 1:29 pm

Shawn K. Quinn wrote:

Not exactly. The copyright owner can sell it for any price they want and
doesn't have to give their code away in any way. They can also sell it
as a binary+source. Their pick, full power to the original author.

Now the moment that somebody else gets the code they can either:
- sell it on in giving away source+binary
- give it away to everybody they want

What the non-copyright owner can't do though is share the binaries with
others. When one shares the binary one also has to share the source and
all the changes made. As long as the non-copyright owner keeps the
source and keeps the binary they don't have to distribute either. The
moment they sell/pass it on though, eg a linksys box, they must give it
away.

This portion limits "commercial usage" as anybody who wants to extend it
to make it do what they want, taking just a simple basis and adding a
load of options to it, they still have to provide also the source when
they pass on the binary to the third party.

For me that is unacceptable. I either give my code away for everybody to
peruse or I keep it locked up in a closet.

GPL is good though if you want to force people to give back the code to
you so that you can use it in your own dual-licensed projects.

For people wanting true freedom of their code use: BSD or ISC it ;)

Tip for coders: Start a lousy little project that many people will like,
then release it as GPL, then if lucky people will use it and give you
patches, now you can sell it back to them ;) Okay, that stops at the
moment you have other people's code in there which you can't

That is simply dual-licensing, something different altogether ;)
See above for a nasty trick there though.

Greets,
Jeroen

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

To: Jeroen Massar <jeroen@...>
Cc: <misc@...>, Shawn K. Quinn <skquinn@...>
Date: Wednesday, April 11, 2007 - 6:59 am

This shows a fundamental lack of understanding of the way both the GPL
and generic copyright work.

* Nobody is forced to publish derivative works (as long as they
keep them inside doors, eg. internal usage in a company)

* Dual licensing in the way you suggest would be a copyright
violation.

Rui

--
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

To: Rui Miguel Silva Seabra <rms@...>
Cc: <misc@...>, Shawn K. Quinn <skquinn@...>
Date: Wednesday, April 11, 2007 - 9:26 am

[set the topic to make it nice and clear, this has nothing to do with
bcw(4) for a long time now, actually the whole thread avoided it]

Did you actually read what I wrote, as the above two points where in my
text, but you deleted that from your reply. You might want to read the
snipped text too :) I actually made a difference between the original
copyright owner (who is allowed to do anything they like with the code)
and somebody adding their stuff, who can't relicense it. As for the
first 'point' you are trying to make, also covered in my text...

PS: Please realize that some people want a different kind of freedom
than that other people want, respect that: take your pick, go GPL or
BSD, but don't try to force your religion on other people. You might end
up getting Jehova's witnesses on your neck ;)

Greets,
Jeroen

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]


[correct the subject] ;)

What you also said is actually fully irrelevant, since I'm correcting
one phrase which has TWO incorrect things, one of them a copyright

Please realize that I didn't raise that issue, *you* did.

I merely focused on two quite simple technical details which you failed
to understand: one of the GPL and another of copyright law.

Rui

--
+ No matter how much you do, you never do enough -- unknown
+ Whatever you do will be insignificant,
| but it is very important that you do it -- Gandhi
+ So let's do it...?

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

To: Rui Miguel Silva Seabra <rms@...>
Cc: <misc@...>, Shawn K. Quinn <skquinn@...>
Date: Wednesday, April 11, 2007 - 11:18 am

Again, re-read what I wrote. Don't try to mingle my words as I never
wrote that, it was in one sentence yes, but the rest of the sentences
told a completely different story.

Good that I PGP sign my messages so that it is clear that I didn't write
what you think I wrote by stripping out the portions that also matter
and that without those portions the message is not mine.

Greets,
Jeroen

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

To: <misc@...>
Date: Wednesday, April 11, 2007 - 12:05 pm


Now that the subject is accurate, it's more obvious than ever that this
discussion doesn't belong here. Not only is it not relevant, but it's
been discussed to death many times, in many places.

--
Darrin Chandler | Phoenix BSD User Group | MetaBUG
dwchandler@stilyagin.com | http://phxbug.org/ | http://metabug.org/
http://www.stilyagin.com/ | Daemons in the Desert | Global BUG Federation


Clearly not to death and people here are seriously interested in pro
and contra arguments.

+++chefren

p.s. GPLvX is BSD with DRM, GPLvX people try to rule after "giving" it
away, new GPL versions are "needed" because the idea behind it is
flawed, GPLvX people believe it can be fixed, BSD people know it's
technically beyond repair since the first version.


People are interested in discussing a lot things but that doesn't mean
those discussions belong on misc@.

---
Lars Hansson


Hey, if you young folks still have all that typing power in your
fingers, please bang on the
code for BSD some more!

--
Jack J. Woehr
Director of Development
Absolute Performance, Inc.
jwoehr@absolute-performance.com
303-443-7000 ext. 527


Or "finish" a few GPL projects. Or BSD projects. Or proactively
audit some code. Or or or...

There is lots of work that can be done to make the world better.
Encouraging the various choirs to preach at each other is
unlikely to change any minds, nor is it going to make the world
better.

Nick.


Just because you're still flogging a horse doesn't mean it's not dead.

BSD v. GPL is easy to understand:

If you want to give your code away for whatever purpose, use BSD.

If you want to enforce your view of "correct" on anyone using your code,
use GPL.

--
Darrin Chandler | Phoenix BSD User Group | MetaBUG
dwchandler@stilyagin.com | http://phxbug.org/ | http://metabug.org/
http://www.stilyagin.com/ | Daemons in the Desert | Global BUG Federation


Why isn't there some zealot out there who recodes gpl stuff into


Because preaching takes much less energy than sitting for long hours at a
computer and figuring out why a piece of code is refusing to work.

I myself coded some GPL software and released it, the biggest one is 25% of the
Links browser which is included in the OpenBSD packages. It's not clear to me
what's better, GPL or BSD. I don't care. Personally I always choose GPL for
software projects and GFDL for hardware projects.

Due to law, hardware is de facto always released under a BSD style licence. I
didn't have any problem with the fact that my hardware is under BSD. Neither
had I problem with my software being released under GPL.

CL<


This is gradually being done. But coding replacements for all that GPL
code takes time (and talent). I'm drinking milk, and one day I'll be
able to code well enough to add my poor skills to the talent pool doing

To: <misc@...>
Date: Monday, April 9, 2007 - 2:32 pm

I think you are misinterpreting "commercial" to imply "proprietary". It
does not: <http://www.gnu.org/philosophy/words-to-avoid.html#Commercial>

--
Shawn K. Quinn <skquinn@speakeasy.net>

To: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 2:21 pm

Hi there,

On Apr 9, 2007, at 7:29 PM, Jeroen Massar wrote:

The problem is the word "free". BSD people tend to interpret "free"
as "I can do whatever I want with that code! Hell, I can even make it
"unfree" again by turning it into a proprietary product!". In my
opinion, /code/ that is labeled "free" should always remain "free",
no matter what the possible actions are. This ain't the case with BSD
code. /You/ may do as you like with the code, but this doesn't make
the code "free", it just liberates your actions. BSD code is not
"free" code as such. It just implies "free" actions. It's just a

You don't have to accept GPL contributions to your own codebase if
you want to dual license. Their code contributions, your choice. As
easy as that. It's all about respect. Respect their copyright or drop
it. Easy, simple, fair. In fact, GPL projects offer more incentives
of contributing that BSD projects. Someone wanting to contribute to a
BSD project has to give up all control of their contribution. Not
everybody is willing to follow down that road. The GPL at least makes
sure that nobody can legally exploit a contribution without making it
available to the users so that they can profit too. This is a much
more valuable incentive to participate.

If you /really/ want to include GPL contributions in your codebase in
dual licensing schemes, you'll have to ask for permission of the
copyright owner of that contribution. This is the most natural thing
in the world.

This whole bcw(4) discussion turned out to be a "Those GNU/Linux/GPL
fanatics don't allow us to be even more free than they claim to be!"
cryout. The funny thing is that it comes down to an OpenBSD
contributor who didn't respect the copyright of some other party by
redistributing GPL code without the GPL license through a public CVS
repository. It's amazing how a community that should actually take a
defensive position in a matter like this switches into attack mode
and makes ...

To: Tobias Weisserth <tobias.weisserth@...>
Cc: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 11:00 pm

I'm sorry, but it doesn't seem that the mailing list where you chose
to air this opinion is for you, so could you please air your concerns
somewhere where people actually care?

Thank you.

//art

To: Tobias Weisserth <tobias.weisserth@...>
Cc: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 2:49 pm

Don't believe RMSs FUD. You can't turn code "unfree", the BSD licensed
code is still there. Just because some evil corporation uses my BSD
licensed code in a closed source product, doesn't make my code unfree.
Its still there, still just as free as it always was, for anyone and
everyone to use. That is free. The code they added to it is not free,
but the BSD licensed code is. The GPL is not about releasing free code,
its about trying to force other people into releasing their code under

And code that has seriously restrictive licenses like the GPL should not
be labeled "free" in the first place.

Adam

To: Adam <suck@...>
Cc: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 8:07 pm

Hi there,

Everything you said is true, fair and square. But does it really
change anything? A copyright owner can decide whatever he wants when
it comes to /his/ code. If he decides that other people may only use
it if they offer it under the same restrictions it has been
originally offered, then this is also fair and square. It's his code,
his copyright. Take it as it is or leave it. As simple as that.

Regarding freedom: Take the Linksys routing devices. They ship with
GPL software. Taking what you said as an example, it would be OK if
Linksys made proprietary changes to the free software and deliver a
closed software on the device. If for example the proprietary changes
make the free software work on the device in the first place, the
software is in effect not free anymore, as the free version of the
software is useless in effect. If there is no other option than to
buy these Linksys devices or similar devices in the future and the
originally free software cannot be used on any other device anymore,
then the propriety changes to a free software has made this software
unfree for users. What's the freedom of BSD software worth when it
can't be used in its free form anymore? That can't happen with GPL'ed
software.

Think one step further. Take computers. Take computers that
incoporate hardware that checks wether you run a signed binary from a
particular vendor only. What use is BSD "free" code then? None at
all. You'll have to start reverse-engineering. That's not a myth,
that's not propaganda, that's simply a fact and that's a danger the
Free Software Foundation wants to ward off by offering the GPL.
You'll say: hey, what does it matter? I have plenty of choices in
computer devices. What happens, when that is going to change? The GPL
FORCES people to respect users rights to run free software on any
devices that have been delivered with software based on free software
and that ain't a bad idea at all. In fact it's pretty cle...

To: Tobias Weisserth <tobias.weisserth@...>
Cc: Adam <suck@...>, OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 9:20 pm

Bullshit. Code will remain free. A newer version can be closed but
code that has been published under the BSD/ISC license is free forever.
Just like code published under the GPL license will remain un-free

No it doesn't force anyone to do anything. People/companies CHOOSE to
free up code because it's the shit these days. I can promise you that

The only good use so for of the GPL is java. Sun gets to pretend to put
"free" code out there and it is completely protected by the GPL. It will
never take any patches from the community; it simply wants to retain
full control. The joke is on GPL since it protects the companies it

It is because you do not understand the definition of free. Let me
quote some relevant passages from dictionary.com:
* exempt from external authority, interference, restriction, etc.
* able to do something at will
* exempt or released from something specified that controls, restrains,
burdens, etc.
* given without consideration of a return or reward
* not subject to special regulations, restrictions, duties, etc.

Those are some of the entries. The GPL is 100% NOT compatible with the
word free. That's why people who can read call the GPL monkeys morons.

GPL is as free as communism.

To: Marco Peereboom <slash@...>
Cc: OpenBSD general usage list <misc@...>
Date: Wednesday, April 11, 2007 - 10:25 am

On Mon, 9 Apr 2007 20:20:33 -0500

Please add this to fortune!

--
Massimo.run();
She's the kind of girl who climbed the ladder of success wrong by
wrong. -- Mae West

To: Massimo Lusetti <massimo@...>
Cc: OpenBSD general usage list <misc@...>, Marco Peereboom <slash@...>
Date: Wednesday, April 11, 2007 - 12:47 pm

On Wed, 11 Apr 2007 16:25:14 +0200

[ ] -- you read about and understood what communism is (both of you)

[X] -- I replied that late because I was busy laughing after Marco's
post

[X] -- communism isn't as bad as the GPL ;)

To: Timo Schoeler <timo.schoeler@...>
Cc: Massimo Lusetti <massimo@...>, OpenBSD general usage list <misc@...>, Marco Peereboom <slash@...>
Date: Wednesday, April 11, 2007 - 2:08 pm

[X] marco is a communist

To: Marc Balmer <mbalmer@...>
Cc: Massimo Lusetti <massimo@...>, OpenBSD general usage list <misc@...>, Marco Peereboom <slash@...>
Date: Wednesday, April 11, 2007 - 2:20 pm

On Wed, 11 Apr 2007 20:08:44 +0200

no; if so, he's as good as communist as George W. Bush as president.

To: Timo Schoeler <timo.schoeler@...>
Cc: Massimo Lusetti <massimo@...>, Marc Balmer <mbalmer@...>, OpenBSD general usage list <misc@...>, Marco Peereboom <slash@...>
Date: Wednesday, April 11, 2007 - 2:50 pm

WTF! What the hell does GPL, communism or GWB have to do with OpenBSD?
Let this thread die.

-ME

To: Mike Erdely <mike@...>
Cc: Massimo Lusetti <massimo@...>, Marc Balmer <mbalmer@...>, OpenBSD general usage list <misc@...>, Marco Peereboom <slash@...>, Timo Schoeler <timo.schoeler@...>
Date: Thursday, April 12, 2007 - 1:10 pm

/me agrees. This is a list about OpenBSD. Discussion about the GPL
*may* have its
place, but *please* don't interject politics into the discussion.
I dislike the GPL, but calling it communism is useless.

To: <misc@...>
Date: Tuesday, April 10, 2007 - 2:49 am

Have you actually read that piece of text??

Have you tried submitting patches to them? You are just being prejudist.
Please don't say things you "think", say things that are proven fact.

*snip*

Glenn

To: RedShift <redshift@...>
Cc: <misc@...>
Date: Tuesday, April 10, 2007 - 4:41 am

Is that a fact? Or just your opinion? I think it's a discussion that
doesn't belong on this mailing list.

//art

To: OpenBSD-Misc <misc@...>
Date: Tuesday, April 10, 2007 - 3:53 am

Phew, what a load of animosity. I really hope humanity still has a chance.

Now, regarding the bcw issue, let's leave this thread to die. Mistakes
are meant to be forgiven, and life to be lived forwards =)

--
An OpenBSD user... and that's all you need to know =)

To: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 11:21 pm

Any license at all is a release from the total copyright held by any

The GPL 'gives' to the comunity in consideration of getting back

Any licence short of releasing to public domain imposes _some_
restrictions. There are just fewer in BSD compared with GPLv2 and fewer
in GPLv2 than in the proposed GPLv3.

Doug.

To: Marco Peereboom <slash@...>
Cc: Adam <suck@...>, OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 9:26 pm

Hi there,

Who the hell do you think you are that you can impose a definition of
free on me? Freedom is also a matter of perception and perspective. I
have given you a practical example which you simply rejected without
even considering it. Do you really think you can make a rude point by
copying and pasting from a dictionary? This is ridiculous.

Tobias

To: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 11:53 pm

I dunno, who does RMS think he is imposing his definition of free on me?

---
Lars Hansson

To: Tobias Weisserth <tobias.weisserth@...>
Cc: <misc@...>
Date: Monday, April 9, 2007 - 11:15 pm

No, its the FSF trying to redefine the word free. The english language has
had the word for a long time, and its meanings are quite clear. None of
those meanings include being restricted. Its not a matter of perception or
perspective, you can't just pretend words meaning other things and expect
everyone to go along. GPL your code all you want, just stop claiming it
has anything to do with freedom.

Adam

To: Adam <suck@...>
Cc: <tobias.weisserth@...>, <misc@...>
Date: Tuesday, April 10, 2007 - 2:27 am

On Mon, 9 Apr 2007 23:15:36 -0400

1984. Newspeak. Slavery (GPL) is freedom.

;)

timo

To: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 10:12 pm

Then obviously your definition of what freedom means from the
perspective of software developers and users doesn't agree with this
community's. Why don't you carry on your views in a forum more
appreciative of that opinion instead of trying to sell it here?

http://www.openbsd.org/goals.html

DS

To: Tobias Weisserth <tobias.weisserth@...>
Cc: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 9:46 pm

Oh this *is* the best argument I have ever heard from a GPL ding dong.

My perception of the word cat is no longer a furry animal that meows. I
perceive a cat like most people perceive the color green when not color
blind.

bravo sir! Intellectual point made.

To: OpenBSD <misc@...>
Date: Monday, April 9, 2007 - 10:16 pm

Unfuckingbelievable. Is there something in the GPL water that messes
with its fans' brains and twists their realities???

Greg

To: Greg Thomas <get.lists@...>
Cc: OpenBSD <misc@...>
Date: Monday, April 9, 2007 - 10:34 pm

The real hypocrisy is this:

GPL advocates claim their license prevents commercial entities from
stealing their freedom. These are the same people who have no
problem giving up their freedoms (in the form of NDA's, closed-source
kernel modules, etc) to the companies they're trying to fight.

--
Jason Dixon
DixonGroup Consulting
http://www.dixongroup.net

To: <misc@...>
Date: Wednesday, April 11, 2007 - 7:02 pm

True free software movement supporters will not sign an agreement not to
help their neighbor such as an NDA. Some in the open source movement
have no trouble accepting a binary only driver, or specifications under
NDA, or what have you, for convenience. That's what open source is
about: convenience, not freedom for its own sake. This is exactly why it
is important to make a distinction between the free software movement
and the open source movement and not lump the two together.

--
Shawn K. Quinn <skquinn@speakeasy.net>

To: Shawn K. Quinn <skquinn@...>
Cc: <misc@...>
Date: Wednesday, April 11, 2007 - 8:10 pm

Exactly. And it's a distinction that must be made again and again and again.

To: OpenBSD <misc@...>
Date: Monday, April 9, 2007 - 10:56 pm

Yeah, when I first heard about the GPL way back when I primarily used
Linux I thought it was the coolest idea on the planet. After
switching to OpenBSD for other reasons I finally realized that it was
the most selfish idea on the planet. And that's not even getting into
the hypocrisy of selling out to closed companies, those same evil
companies that the GPL claims to be trying to protect us from.

Greg

To: Tobias Weisserth <tobias.weisserth@...>
Cc: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 2:43 pm

To ignore the possibility that it was an honest mistake is part of the
problem. I won't claim to know what Marcus Glocker was thinking, but
it seems quite plausible that he had every intention of removing the
infringing code prior to making the bcw(4) work public, but in the
excitement of some initial positive results, he simply forgot. Either
way, he admitted that a mistake had been made.
The reason (as I see it - again, I won't speak for anyone else) that
the OpenBSD community came down so hard on the bcm43xx dev is due to
the way he pursued the issue. There was absolutely no good reason to
initially address the issue on a public mailing list and CC'd to a
bunch of other people. If the initial mail had been sent privately to
Marcus, then he could/would have removed the infringing code (or
perhaps the entire driver temporarily). He could have then issued a
public statement on *why* he did it (which would have satisfied the
need to have it out in public that some of the code wasn't actually
BSD licensed). Had it happened that way, everybody wins, and we
don't have all of this fuss over it.

RW

To: Robby Workman <rw@...>
Cc: OpenBSD general usage list <misc@...>
Date: Monday, April 9, 2007 - 7:48 pm

Hi there,

That statement also is a matter of perspective. ;-) If you mean by
"freedom", the liberty to do whatever you want, then BSD is freedom.
If you mean by "freedom", the security that users have the same
rights with the code tomorrow they already have today, even if
numerous people contribute to the code, the GPL is freedom. GPL is a
license that ensures code stays free in the sense of open for users.
It doesn't mean you can do with it whatever you want. It's not you
that's free, it's the code. That's what I ment with matter of
perspective. You don't have to agree with this at all, but at least
you have to understand and respect the idea and that other people
contribute to this model. It's nothing that should be rejected like I

Yes, that's exactly what I have been talking about on undeadly when
that stupid "death of a driver" article was published to promote the
myth. The reason why I'm bothering to participate in this discussion
at all, is that many people claiming to take the "OpenBSD side" in
this argument are actually no better than the bcm43xx devs when they
had the idea to go public. This whole issue has been escalated
primarily by OpenBSD folks, not the other way around. I'd say it's
time to simply drop it.

kind regards,
Tobias W.

To: Tobias Weisserth <tobias.weisserth@...>
Cc: OpenBSD general usage list <misc@...>, Robby Workman <rw@...>
Date: Monday, April 9, 2007 - 8:56 pm

blah blah blah

To: <misc@...>
Date: Friday, April 6, 2007 - 11:18 am

What do you care if that's what they care about? Don't forget that the
desire to keep proprietary vendors from forking and re-closing code was
precisely and explicitly the reason the GPL was written; someone who
values that is probably going to choose the GPL to release their work
under. Complaining that Developer X chooses to use the GPL is as useless
as complaining that Vendor Y chooses not to release source code at all.
In both cases it's a license that is at odds with the purpose and
principles of OpenBSD, and in both cases it's a violation of those
authors' rights to copy their code in a manner they have not licensed
you to.

I'm not trying to come across as some sort of GPL cheerleader. I don't
use it except when contracts stipulate it (and more do than you might
think, given your "they can't make money" statement) and I think this
situation is a good example of why the GPL bad for code trees with
multiple authors (which is going to be any code tree of significant
complexity that accepts patches). If one guy writes something and
chooses to place it under the GPL, he can then relicense in a situation
like this; if there end up being 40 authors of a module it's impractical
to track every one of them down if they haven't handed their copyright
over to a primary maintainer, especially if all you really know about
somebody is their public key and email address 3 years ago when they
committed last.

But all those complaints don't mean anything at all: I wasn't an author
for the Linux driver so I don't get a say in how the Linux driver is
licensed. The people who did the work to write it get to decide under
what terms it can be redistributed, and once they have decided that they
have a responsibility to see it is enforced. They don't have to CC
hundreds of people on their first mailing like this guy did, but then
again they have a right to do so if they want to. Just like I have a
right to think they're jerks for doing that.

Weldon

[demime 1.01d removed an attachment of type ...

To: Daniel Ouellet <daniel@...>
Cc: <misc@...>
Date: Thursday, April 5, 2007 - 6:55 pm

In the public, most people talking about "open source community"
don't really care about open source or community at all -- they
just want great software for cheap, and they aren't developers and
don't contribute.

At least that's my impression. Maybe i'm wrong. I hope i'm wrong.
Sorry for the rant.

Ciao,
Kili, still slacking far too much

--
Das ist ein "hiermeins dadeins" BALKEN
-- Kay Freier zur philosophischen Frage, wie denn
die Dinger heissen, die man im Supermarkt hinter
seinen Krempel aufs Fliessband packt.

To: Daniel Ouellet <daniel@...>
Cc: <misc@...>
Date: Thursday, April 5, 2007 - 6:25 pm

Typical of that rag. The author talks as if bcw was part of
a release, not some sort of development code. Apparently
GPL means "Go Piss in the Lake".

To the lawyers *sigh*. RSM and his pet toad Egon have discovered
the subtle joys, glories and honors of litigation, and this unwholesome
appetite is spreading to a world starved for respect and admiration.

All this once again shows that GPL is about free as in "free beer",
not "free" as in "free will", and the forced acceptance of some
sort of True Faith. What a waste. Barely worth talking about.
Probably has negative worth to talk about it.

If *BSD felt that way, we'd be auditing the Linux/GNU userland
looking for Regents code falsely GPLed. But what a stupid thing
to do.

<sarcasm> Anybody willing to sign an NDA with Mr Buesch and his
crew to use their spec? Are we now in the position of having to
reverse engineer a reverse-engineered Linux driver? Maybe OpenBSD
could put a "click to consent" shrink-wrap license/NDA/hold-harmless
on the CVS sites (like Sun had on jde) Maybe Marcus should have
released a sed script (acting on the Linux code) to grab the parts
temporarily needed for debugging/regression and "include"d them in
his source? That would pass the GPL, I think -- copyright would
only apply to the code output from sed and cpp, which would be
transient. </sarcasm>

"Here's a book! Don't read it! If you read it, forget it!"
(c) Woodchuck 2007. Some rights reserved, you guess which.

Maybe the whole thing is Mr Buesch's idea of some sort of protracted
April Fool's hoax.

Dave "I may hold the patent on the off-by-one bug."
--
Resistance is futile. You've already been GPLed.

To: misc <misc@...>
Date: Thursday, April 5, 2007 - 6:13 pm

What's wrong? They protect their license. Period.

To: OpenBSD-misc list <misc@...>
Cc: Andrés Delfino <adelfino@...>
Date: Thursday, April 5, 2007 - 7:21 pm

No one seems to dispute the right of copyright holders to protect their
licence.

That said, there are more ways than one to protect one's licence. It
hardly seems unreasonable to privately contact the developer in
question before going public, as seems to be the custom in many other
suspected licence issues.

Choosing to first send a private message would likely have remedied
any issues, both quickly and with a lot less fallout. Too bad that
that didn't happen.

Rogier

To: misc <misc@...>
Date: Thursday, April 5, 2007 - 7:26 pm

First, this wouldn't happen cause I prefer the BSD license, but, if
someone violates the copyright of my work, I'll take that guy down. In
the most publicly and shameful way.

To: Andrés Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Friday, April 6, 2007 - 5:56 am

How does this militant attitude work alongside your preference for
the BSD license? If another free software developer is violating your
license, would you publicly shame someone who is probably working for
similar reasons to yourself, or would you give them the benefit of the
doubt and give them a private "do you know what you are doing?" email
and try to work things out like gentlepeople?

I know of at least one GPL project that violates the license (BSD) of
some code that I wrote. If I ever cared to enforce that license then I
would certainly be polite first.

-d

To: Andrés Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Friday, April 6, 2007 - 4:32 am

A) If you really prefer BSD you wouldn't care about what people do
with your code, the only reason why your name as an author is in the
code is because without that anybody could claim "that's my code pay
me", your name is there just to prevent other people put claims on it,
not for your "honour". BSD is about maximum open-ness and making it
impossible to violate copyright.

B) If you don't have the decency to inquire before you do harm to
people, even to a type like Saddam Houssein you are plain stupid asshole.

The whole situation makes me think of the sneaky guy in this one:

http://www.dumpert.nl/mediabase/12523/f0abd313/index.html

+++chefren

To: <misc@...>
Date: Friday, April 6, 2007 - 8:39 am

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Mistakes where made on both sides.
This entire discussion is about how you handle problems and if you
should remain friendly (or not) when such problems occur.

Please keep the discussion friendly and on topic.
Posting links to a movie of some guy making racist and other insulting
comments while videotaping two people fighting DOES NOT HELP ANYONE.
What are you trying to accomplish with this?

Floor Terra
iD8DBQFGFj+NUnW3VkBpTO4RAlK8AKCmZvX9CHj2BoVecskiQjgiD8Y8XgCg32Yw
lhj1K0f6dV5+n10b6PYFV5Y=
=vnTH
-----END PGP SIGNATURE-----

To: Andr?s Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Thursday, April 5, 2007 - 8:13 pm

Thats great! What would that accomplish?
Software is developed by PEOPLE (plural), people dont work very well
together when one of them is acting like a five year old.

gwk

To: Andr?s Delfino <adelfino@...>, misc <misc@...>
Date: Friday, April 6, 2007 - 2:57 am

Isn't everybody in this discussion like a five year old?
If you look at the thread it makes ping-pong-ping-pong from both sides.

Neither the BSD side nor the BCW side is really really fair the hole
time. Both sides are like rocks..

Why don't do a cut? Let Marcus and Michael work on this!

s

--
GnuPG: 5755FB64

Per aspera ad astra.

To: Andr?s Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Thursday, April 5, 2007 - 8:00 pm

Heh. I think the person that's feeling the biggest burn right now
is Michael Buesch because he realizes the mistake HE made is bigger
that what happened with the licensing.

--
Travers Buda

To: misc <misc@...>
Date: Thursday, April 5, 2007 - 6:45 pm

Did you read the full tread first before you wrote this? Did you look at
the code in CVS, did you even see Marcus reply and why?

http://article.gmane.org/gmane.linux.kernel.wireless.general/1573

I don't think you did!

He sure did a hell of a huge amount of work that was his, and original
for your own benefit, and the only mistakes he may have done was to try
to work on it faster then he may should have and wrongly include
temporary files to help in the process!

Should he had finish his work in a later time and not try to make this
available sooner to us, then nothing would have been said on this.

In any case a simple private email to him directly would have been the
decent human being things to do, but I guess you don't even get that do you?

Just like I said before.

Where the hell is the open community is going these days, I have no
clue... Look to me it sure enjoy destroy itself for sure.

I am lost for words!

To: misc <misc@...>
Date: Thursday, April 5, 2007 - 6:51 pm

Yes, and he was wrong. He shouldn't base his work in copylefted
software (if he intend to release the result as non-copylefted).

Licenses are licenses.

To: Andrés Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Thursday, April 5, 2007 - 7:23 pm

Yes, Marcus made a mistake. But not the mistake this GPL zealots seem to
think (not knowing that copying GPL code is not allowed). He should have
waited to commit his code to the public CVS until he had properly
rewriten the GPL code...

Marcus admitted he made a mistake and corrected it. I don't see the
Linux guy admitting he made a big mistake in dealing with this issue.

Cheers,

Dries

To: <misc@...>
Date: Thursday, April 5, 2007 - 7:15 pm

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Would it be wrong to develop software using existing GPL'ed code as a
starting point.
And bit by bit rewrite the code until you have rewritten all of it.
Then releasing the final code under an BSD license?

I still don't know exactly what happened, but I suspect the process
went something like this.
Only the code in the development phase was public too and this is
what pissed of the developers
of the GPL'ed version.

Floor
iD8DBQFGFYMsUnW3VkBpTO4RAoz0AJ9QbDrwd4JYO9mooUxx6TRhm5clDwCeNGW2
IvES2c/ESqR3o38RjW6sEyY=
=c/+8
-----END PGP SIGNATURE-----

To: <misc@...>
Date: Friday, April 6, 2007 - 9:38 am

100% legal

--
Henning Brauer, hb@bsws.de, henning@openbsd.org
BS Web Services, http://bsws.de
Full-Service ISP - Secure Hosting, Mail and DNS Services
Dedicated Servers, Rootservers, Application Hosting - Hamburg & Amsterdam

To: <misc@...>
Date: Friday, April 6, 2007 - 3:06 am

*shrug* Personally I consider that a derivative work and try to avoid
it, though practically if your rewrite is different enough nobody would
ever know.

Maybe this is the other side of the blob fight; we should be just as
eager to make sure there is no improperly-copied GPL (or APL or MPL
or...) code in the tree as we are to make sure there are no mysterious
hunks of binary code (why exactly these issues always seem to come to a
head about wireless drivers as opposed to other parts of the tree is
beyond me -- Intel never requires its sound or ethernet controllers to
have non-freely-redistributable firmware).

IMO this is a vindication of the principle that being a jerk doesn't
necessarily make you wrong: Michael should have handled this differently
(especially given the state of the driver at the time), but he does have
a responsibility to protect his license. It seems to be a big concern to
him that the hardware vendor not be able to use his software, so the GPL
is the correct license for his work. I have trouble imagining a
situation where I wouldn't want a hardware vendor to use my code if it
worked better, but he's the author so it's his decision to make.

Weldon

[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]

To: Weldon Goree <weldon@...>
Cc: <misc@...>
Date: Friday, April 6, 2007 - 10:46 am

This is the absolute lamest argument that I have ever heard. What makes
you think that Michael Douche has written anything "better" than
broadcom? Granted there are better vendors out there but I am willing
to bet money that broadcom has better engineers working on their
products than some random dude working on a driver without docs and
available engineers to bounce questions of. I am sure his "magical"
sequence is like super good.

I for one am glad that Marcus deleted the code; I would have done it
immediately after that email and responded with the cvs delete message
to an even wider audience and no explanation of my rationale.

What you people seem to miss in the whole discussion here is that Linux
people contact vendors IN PRIVATE if they find GPL violations yet a
valuable member of the open source community does not get the same
courtesy. Only bad things happen when one looks at Linux code. This is
yet another example of it. This also underscores once more that Linux
as a community is dead.

To: <misc@...>
Date: Friday, April 6, 2007 - 12:15 pm

May I offer the perspective of one coming from Linux? I'm not a
developer, I'm a user of Debian (since 2001).

This should have been handled in private in a respectful manner. The
two parties could have quickly released an agreed statement of facts
that left the public clear that a mistake had been made in uploading
something to the cvs under the wrong licence. My guess (I'm no lawyer)
is that if the GPL people started out with a public accusation like this
towards a corporation, then they would be facing a slander and lible
suit.

The GPL is based partly on fear and partly on spite:

Fear that code written to work with device A will be
incorporated into the firmware of device B whos maker will make
it closed-source. Some poor shmuck who has to reverse-engineer
device B so it works will, when successful, find that the
resultant driver is very similar to the free driver for device
A.

Fear also that a technique written for GNU/Linux will be
incorporated into the 'competition' (e.g. a popular commercial
non-*NIX OS).

Spite: since hardware makers make it difficult to access their
devices by not releasing specs, why would a developer want their
hard work being used by a hardware maker; let them do their own
work. This tarrs all hardware makers by the same brush.

The Linux community is a divided one: just look at the number of
different distros, differentiated to large extent by philosophy and
'religion' than on technology. There's also a lot of concern over the
proposed GPLv3 going too far copyleft. Personally, I don't use a
licence I can't understand. Unless I can understand the final GPLv3, I
won't be using anything licenced under it. As the draft stands right
now, it leaves a sour taste in my mouth.

To me, the BSD community is far less divided. As I see it, FreeBSD
allows non-BSD licenced drivers into the code base to access more
hardware devices; NetBSD is more strictly BSD-licence only while
expending a lot of energy maintaining support for an...

To: <misc@...>, Douglas Allan Tutty <dtutty@...>
Date: Friday, April 6, 2007 - 1:03 pm

I see the issue simply as a disingenuous effort by a Linux dev to shame
and OBSD dev for the purposes of self-promotion. And shamefully, and at
the expense of Marcus, it worked.

Marcus can't really go after Buesch the way a corporation could (and
would), and knowing this, Buesch seized the opportunity and ran it up
the flagpole.

'Inhuman' is not an outrageous term for him; unless, of course, it is
considered 'human' to take advantage of a situation the way Buesch did.
I

Danno

-----Original Message-----
From: owner-misc@openbsd.org [mailto:owner-misc@openbsd.org] On Behalf
Of Douglas Allan Tutty
Sent: Friday, April 06, 2007 12:15 PM
To: misc@openbsd.org
Subject: Re: bcw(4) is gone

This should have been handled in private in a respectful manner. The
two parties could have quickly released an agreed statement of facts
that left the public clear that a mistake had been made in uploading
something to the cvs under the wrong licence. My guess (I'm no lawyer)
is that if the GPL people started out with a public accusation like this
towards a corporation, then they would be facing a slander and lible
suit.

To: Open BSD <misc@...>
Date: Friday, April 6, 2007 - 10:58 am

Not sure if I agree with you on that. Michael seemed to indicate that
he'll do the same to a vendor. You can't lump all linux folks as of
one mind. Agree that not treating everyone the same sucks, but this
isn't the whole community doing it.

To: Open BSD <misc@...>
Date: Friday, April 6, 2007 - 12:16 pm

I read the whole thread at gmane and I'm disgusted that a Linux
developer would turn on a BSD developer like that, but I'm not
surprised.

Theo makes the point that Buesch and Co. are treating Marcus like a
thief. They all deny it (claiming they want to help Marcus and the
situation), but then they show their true colors when Buesch himself
says-

"The way OpenBSD folks used our code was a complete lack of respect
for us. Fullstop."

That clearly exposes that Buesch thinks Marcus didn't make a 'mistake',
but did something on purpose... like a --thief--.

Buesch cc'd a large part of the community on his initial email, which
itself was rude. Why?

Because Buesch clearly thinks he and his driver are more important than
treating Marcus like a human being, and the chance to look important via
controversy just couldn't be resisted. This is Buesch's big moment! His
15 minutes of fame! And unfortunately, it worked.

That, to me, means Buesch is an asshole. He made more of a name for
himself in this bullshit fight then he would've for just being the
author of the GPL driver. He did it at the expense of Marcus, he did it
on purpose, and that is wrong. Plain and simple. 'Fullstop'.

Anyone that tries to handle an issue like Buesch has handled this one is
just trying to ham it up in the public spotlight. Theo rightly came to
Marcus' defense because that's Theo's job. Theo gains nothing from this
except the understanding amongst OBSD devs that anyone that develops for
OBSD won't be left in the cold when this shit happens. Kudos to you,
Theo.

danno

To: Andrés Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Thursday, April 5, 2007 - 7:08 pm

This isnt a question of him being wrong, its a question of HOW IT WAS
HANDLED. Get it?

The simple courtesy of privately emailing someone would have taken 30
seconds and would have saved everyone a bunch of time, energy, and
embarrassment.

To: misc <misc@...>
Date: Thursday, April 5, 2007 - 7:14 pm

He should realized that he couldn't do that... get it?

To: Andrés Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Thursday, April 5, 2007 - 9:24 pm

There are two roads, the high and the low road. I am not sure why an adult
(assuming) needs to be educated on this. The guy took code and relicensed
it. That sucks. We know. But instead of trying to work with him, and
educated him (since he does do a ton of work on free software), Michael
effectively destroys him. Thats fair. Whether code is GPL or BSD, we all
are in the same sea, and our boats are pretty damn close.

To: <misc@...>
Date: Friday, April 6, 2007 - 2:27 am

This is not so much a response to you Steven, as to the entire OpenBSD
community.

Oh no? Read the thread again:

Eh? Destroys him? Are you drinking the same kool-aid as Theo? It was Marcus
that had a hissy and deleted the bloody code. A response, I might add, I see
a lot from my six-year old. Nope. Michael asked politely to have a quick
resolution to the issue. It was all Theo with the personal attacks.

Here are some more choice quotes from your fearless project leader, taking the

I especially like that last one. So you would write off an entire community
because of the actions of one guy? A perfectly measured and reasonable

You are right. Too bad Theo feels the need to throw mines in the water.

Look: I'm not religious about these issues, I just like Unix and free
software, and I don't give a rats ass at this point who is wrong or right
about the original issue. To my mind, both acted plenty dumb, but this
episode has opened my eyes to the fact that I want nothing to do with your
community. Theo's (and Marcus') response is absolutely shameful and
disgusting.

Granted, I'm a nobody, and my words don't mean shit, but you _all_ should have
a good long think about how Theo's reaction to this plays to others in the
greater OSS community, and beyond.

Wasn't his biggest beef about Michael's public disclosure and lack of respect?
Causing OpenBSD embarrassment? Well what the hell do you call Theo's public
blowout which included both personal attacks and plenty of creative
misreading that could easily be called propaganda? (Hint: No one said 'thief'
but Theo) Is that what you call the high road?

Don't bother responding, I'm gone. Have fun with your Broadcom chips....

-d
--
darren kirby :: Part of the problem since 1976 :: http://badcomputer.org
"...the number of UNIX installations has grown to 10, with more expected..."
- Dennis Ritchie and Ken Thompson, June 1972

To: <misc@...>
Date: Monday, April 9, 2007 - 11:23 pm

Wide-sweeping incorrect generalizations are awesome. Can I make one too?
All GPL developers are morons. See? That was fun, wasn't it? Who cares

No thanks, I don't buy from moronic companies.

---
Lars Hansson

To: <bulliver@...>, <misc@...>
Date: Friday, April 6, 2007 - 12:17 pm

i prefer to hear an impassioned person getting angry and making their
ENTIRE statement to the silly CNN
handful-of-carefully-selected-2-second-clips-on-repeat bullshit you
posted. if i took the time to clip out all the select parts of a series
of emails to make you sound especially bad, lo and behold, you'd sound
like an idiot.

the slow pan-in on osama bin laden photograph with ominous music
technique doesn't work here. talking crap about someone who has
obviously accomplished an order of magnitude more than you have by this
technique is the sort of yellow journalism that doesn't belong anywhere,
especially in canada.

To: <misc@...>
Date: Friday, April 6, 2007 - 11:50 am

Writes darren kirby <bulliver@badcomputer.org>:

In order for the OpenBSD folks to have worked this out, they would have
had to go through function by function and ask for approval to use that
function. If refused, they would have had to devise a workaround that
was sufficiently different as to qualify as "new and original" --
without documentation. The example function quoted sounded like it was
actually a macro - probably a small enough chunk of code that there may
not be any logical "new and original" alternative. So, even if we stop
here, we have a cumbersome process that (a) wastes a lot of time, and
(b) is not guaranteed to result in anything that works. But wait,
there's worse! The FSF contract standard generally requires a release
*in writing*. (See documents like "Legal Issues about Contributing
Code to GNU"). Assuming the gnu bcw programmers are serious about
protecting their interests (and they sure sound like they are), and
assuming the openBSD folks are even willing to tolerate this level of
nonsense, then to get the same level of protection each of these
exceptions would then need a separate written release. So, what we're
talking about here is a momumental amount of work that is easily an
order of magnitude more complicated than the actual driver, with no
appreciable benefit to anybody except perhaps the lawyers drafting up
all those releases. No part of this process produces better code,
and no part of this process produces a more secure operating system,
so all this work we're talking about here is way out of scope for OpenBSD.

There isn't really any alternative for Marcus Glocker here either. Now
that he's clearly seen the GPL code, it would be very difficult for him
to produce any code for this hardware a clever lawyer couldn't argue
was "derivative". He's on the "dirty side" of the Chinese Wall now.
Unless he wants to spend 90% of his time working out function by
function copyright releases, the only real alternative he has is to
delete his code...

To: <misc@...>
Date: Friday, April 6, 2007 - 4:42 pm

Finally, a really meaningful point.

This whole affair has once again proved that the project's dedication
to getting a hardware vendor to reduce completely open specifications
and documentation, and not compromises around such, is truly the only
"safe" way to go.

Also proving all the more that the GPL is without a doubt an extremely
short-sighted and self-serving reference to software freedom. Poison,
both in the sense of software licensing and developer mindset.

DS

To: Darren Spruell <phatbuckett@...>
Cc: <misc@...>
Date: Friday, April 6, 2007 - 4:57 pm

That appears to be a fair conclusion.

--
Jack J. Woehr
Director of Development
Absolute Performance, Inc.
jwoehr@absolute-performance.com
303-443-7000 ext. 527

To: Marcus Watts <mdw@...>
Cc: <misc@...>
Date: Friday, April 6, 2007 - 3:12 pm

Part of this is nonsense and I dont mean to pick on you in particular
but I have seen it repeated a few times now and its getting annoying.

If licenses were as viral as some of you people imagine that one cannot
look at a source file copyrighted with a dumb license interpert what the
code does and create your own version parts of the LINUX KERNEL WOULD BE
SUBJECT TO THE APSL and imagine the CDDL as well but I dont mess around
with sun hardware... Seriously you can go look at some of their recent
mac powerpc drivers and you can see plenty of references to where bits
of information were taken from darwin, they have done nothing wrong.

To: Gordon Willem Klok <gklok@...>
Cc: <misc@...>
Date: Friday, April 6, 2007 - 3:49 pm

You got me. I'm not a lawyer. But before you assume you're in the
free & clear, you might want to look at these:

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000101----...
text of us statue defining derivative work.
http://www.ivanhoffman.com/fairusemusic.html
fair use - "music sampling"
http://www.ivanhoffman.com/helpful.html
pointers to more interesting copyright cases.
http://en.wikipedia.org/wiki/Campbell_v._Acuff-Rose_Music,_Inc.
parody - fair use?
4 grounds: purpose, nature, substantiality, effect on market
case by case - no general rule.
http://www.chillingeffects.org/derivative/
derivative works.
"all or parts".
4 part rule again.
http://www.chillingeffects.org/derivative/faq.cgi
note last case - "same expression".
also note in many cases, words like "probably not", "that
depends", etc. That means you're in a grey zone,
which means you could be right, and you could
still end up in court.
http://en.wikipedia.org/wiki/List_of_leading_legal_cases_in_copyright_law
lots and lots of case law.
some of them are even relevant, some is not.
http://www.low-life.fsnet.co.uk/copyright/
copyright and sampling. UK.
http://dvinfo.net/articles/business/copyrightfaq4.php
lots of stuff. Note question 30:
"new recording based on parts of other songs"
"usually not legal".
"may fall into the category of derivative work".

This isn't a black & white thing. There's a lot of grey here, with
room for lots of expensive legal maneuvering, and you can definitely
find case law on both sides of the coin. The biggest saving grace I
can see here is since the GPL folks aren't in fact a for-profit
concern, they can't really claim much in the way of monetary damages in
their market. That *might* save you on ground #4.

One of the things I learned in constructing the above list is a lot has
happened with music sampling and copyright law in the past decade, and
questions that were formerly in the grey area might not be anymore.
All of th...

To: <misc@...>
Date: Friday, April 6, 2007 - 2:20 pm

To: Open BSD <misc@...>
Date: Friday, April 6, 2007 - 1:30 pm

Waitaminit - I thought they did?!?! Reading that gmane list, one of
the spec writing people said he would be happy to answer any questions
about the specs.

To: bofh <goodb0fh@...>, Open BSD <misc@...>
Date: Friday, April 6, 2007 - 2:26 pm

Cool! My mistake --

http://undeadly.org/cgi?action=article&sid=20061121194620
openbsd... points to
http://bcm43xx.berlios.de/
http://bcm-specs.sipsolutions.net/
points to
http://bcm-v4.sipsolutions.net/

I have seen other pieces of GPL code where the writers had
signed NDAs to get the necessary information. I always
found that questionable.

-Marcus Watts

To: <misc@...>
Date: Friday, April 6, 2007 - 2:23 pm

Yes they did: http://bcm-v4.sipsolutions.net/

I've spent some time reading it today, for the occasion.

It seems to be lacking some details, e.g. the section describing
how to attach the backplane bridge of the chip [1] says to turn on the
clock crystal and links to a section called "Clock Control", but that
section is completely empty...

[1]
http://bcm-v4.sipsolutions.net/Backplane#head-e793f6c6fc341200320958a2a3...
0af0bdc97

Now, someone writing a driver for that crazy chip would really like
to know how to turn on that bloody clock to get the chip up and running.

Apparently it's supposed to be the very first thing the driver should
do to init the chip btw. Weird that it does not seem to be documented
in the spec already. I hope I've just missed it, maybe it's documented

I guess someone working only with that spec would end up
asking them quite a few questions indeed.

And as far as I can tell writing a driver for that chip is
a big task, even if there were full docs.

I can see why mglocker@ used their code to get going.
If only he hadn't committed it, oh well, shit happens :-|

--
stefan
http://stsp.in-berlin.de PGP Key: 0xF59D25F0

To: <misc@...>
Date: Friday, April 6, 2007 - 7:55 pm

It's a pain, I was constantly comparing the v4 specs at the URL you
mentioned above and the older v3 specs at
http://bcm-specs.sipsolutions.net/ to try and figure out how to get
anything done. I am impressed beyond belief that the bcm43xx crew
managed to build a driver and/or reverse engineer that hardware.

--
Jon

To: darren kirby <bulliver@...>
Cc: <misc@...>
Date: Friday, April 6, 2007 - 4:54 am

I think it would have been fairer if you included Marcus' response
for the benefit of people who just read your selected quotes rather
than the whole thread.

http://article.gmane.org/gmane.linux.kernel.wireless.general/1573

To: <misc@...>
Date: Friday, April 6, 2007 - 3:32 am

What is the problem with you people... isn't it clear that as soon as
the first mail was sent PUBLIC and to a whole bunch of people the rest

All I have to say is that next time you make a mistake, I hope someone
will make sure a maximum of people know about it so that they can
point fingers at you and write a shitty article on some stupid Internet
so-called news site.
Of course, someone could just have told you "dude, watch out, you've
made a mistake here" and this would have ended right where it began...

Do you also call the first mail sent to many many many people a

Don't tell me what to do. I answer if I want to... and please, don't
come back.

I usually don't answer to those kinds of messages, but seeing how people
are stupid, brain damaged and obstinate makes me really pissed!
Don't they understand the situation on purpose???

--
Antoine

To: Andrés Delfino <adelfino@...>
Cc: misc <misc@...>
Date: Thursday, April 5, 2007 - 7:04 pm

Yeah. I'm going to have to agree. Sure the way they dealt with it was
really poor form, but licenses are licenses. This has been blown all
our of proportion, and this thread isn't even to 15 replies yet.

-Nick

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