[linux-dvb] [Em28xx] MPL-licensed V4L kernel modules (em2880)

Markus Rechberger mrechberger at gmail.com
Tue Jul 10 13:17:04 CEST 2007


On 7/10/07, Christoph Pfister <christophpfister at gmail.com> wrote:
> Am Dienstag, 10. Juli 2007 12:08 schrieb Markus Rechberger:
> > On 7/10/07, Marcel Siegert <mws at linuxtv.org> wrote:
> > > On Tuesday 10 July 2007, Markus Rechberger wrote:
> > > > On 7/10/07, Jakob Petsovits <jpetso at gmx.at> wrote:
> > > > > On Saturday, 7. July 2007, Markus Rechberger wrote:
> > > > > > only my new sources are MPL licensed there; the v4l-dvb maincode is
> > > > > > of course GPL.
> > > > > > Even though it doesn't matter anymore the people who lead me to
> > > > > > that step know how the code will get merged into the kernel now.
> > > > > > It's out of the scope of linuxtv.org due useless delaying all that
> > > > > > work.
> > > > >
> > > > > Er, excuse my baffledness, but how do you plan to get code merged
> > > > > into the kernel if it isn't GPL?
> > > >
> > > > there's nothing to worry about, the modified target code is GPL again.
> > > >
> > > > > Also, mind that the GPL being viral means that any code which bases
> > > > > on GPL sources must be GPL (or GPL compatible) as well. Afaik, the
> > > > > MPL is not GPL compatible, so if you put your new code exclusively
> > > > > under the MPL and at the same time use the GPL-licensed v4l-dvb
> > > > > maincode as a base, you are violating the GPL.
> > > > >
> > > > > I am not a lawyer, of course. Please consult someone with good
> > > > > insight, for example, the Software Freedom Law Center at
> > > > > http://www.softwarefreedom.org/
> > > > >
> > > > > Regards,
> > > > >   Jakob
> > > > >
> > > > > _______________________________________________
> > > > > Em28xx mailing list
> > > > > Em28xx at mcentral.de
> > > > > http://mcentral.de/mailman/listinfo/em28xx
> > >
> > > at least for my understanding, markus, please explain to me that,
> > > if you use v4l/dvb core functions that are licensed GPL, your code IS
> > > also GPL automatically, isn't it?
> > >
> > > and, as you told before, why is there a need to intermediate license to
> > > MPL?
> >
> > Marcel, sorry this code is out of the scope of linuxtv, it's simply
> > none of your business; A solution has been discussed with Linus and
> > Mauro already. I do not want that my code gets reused by the linuxtv
> > project without my authority (eg preventing code stealing).
> >
> > I'd appreciate if that thread can discontinue at that part, the very
> > few active linuxtv developers who participated at the merging threads
> > forced me to go another way since I'm not interested in further
> > delays, you guys already delayed it for more than 1 year.. so feel
> > lucky.
> >
> > So in case of the few linuxtv devs I would say the code is not
> > intended to get compiled;
> > In case of endusers I'd say take the code use and test it and submit
> > bugreports if there are any, I'm try to answer all the mails on the
> > em28xx ML (only very few might be delayed for a certain amount of
> > time)
> >
> > thanks,
> > Markus
>
> Nice try, but I highly doubt that it'll work out. Your code is a derived work
> of GPL'ed code (even using tricks like glue code doesn't help _per se_; not
> to be derived work would mean that the code can reasonably work without using
> any GPL-only bits ...).
> So you can't prevent the copyright holders of the GPL'ed code you're using
> from enforcing the license (except if they did some dual-licensing or gave
> you explicit permission allowing you to use their code in this way).
>

em2880-dvb and xc3028-tuner are not derived from v4l code; em28xx is
derived from GPL code but worthless without the other files. Also
people can write whatever they want as long as they don't compile it
and fact is that the code is still available.
Don't compile it against v4l-dvb and it's fine..
I can have whatever sourcecode I want to have on that server.

I'd appreciate if you could stop having useless discussions, a few
linuxtv people proved it during the last year that they aren't capable
of participating from the beginning on or helping at all to get
forward, so I'd appreciate if you could just shut up and wait for the
endresult.
Not everyone might know why I did that, people who participated at the
merging requests are responsible for that.

Most people are welcome to participate at the latest work I have,
people who participated at recent discussions about getting the code
which now is in question merged are not welcome anymore.

thanks,
Markus



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