[linux-elitists] Linux Kernel Developers... HOW COULD YOU!?

Jay Sulzberger jays at panix.com
Wed Jul 22 11:27:47 PDT 2009

On Tue, 21 Jul 2009, Greg KH  <greg at kroah.com> wrote:

> On Tue, Jul 21, 2009 at 01:02:12PM -0400, Greg Folkert wrote:
>> On Tue, 2009-07-21 at 09:47 -0700, Greg KH wrote:
>>> Um, what specifically are you concerned about?  They released the code
>>> under the GPLv2, and met all of the requirements that we ask any
>>> contributor to make, as described in the file,
>>> Documentation/SubmittingPatches in the kernel tree.
>>> So what exactly is the big deal?
>> So they REALLY DID release it under TEH EVUL GPLv2.
> Yes.
>> And followed all the reqs put on everyone else.
> Yes.
>> I'm just skeptical of them and the previous incarnations of "playing
>> nice" they've had in the last decade or more.
> Then you should be skeptical of all of the other "evil" companies that
> also contribute to the Linux kernel, right?  And there are a lot of
> them...
>> If you are satisfied Greg, I'll take it under advisement. One last
>> question, any standing on Luis' e-mail holding any water?
> What email?
> And a further point, if I were to reject their code, despite meeting all
> of our documented and detailed rules and descriptions of how to submit
> code, wouldn't that be completly hypocritical of me?
> thanks,
> greg k-h

Of course no question of hypocrisy arises.  If an individual

1. who grossly continuously for twenty years violates the software
licenses the individual wrote,

2. who threatens legal action against you,

3. who publically makes vicious untrue accusations against you,

4. who bribes companies not to use the code you wrote,

5. who pays reporters and spokesmodels to write libels against you,

6. who is very careful never to release under a free license the
code for their guest operating system,

7. and who is very careful never to release under a free license
the code for their host virtualization system,

were to come to you and ask that some piece of code the
individual placed under the GPL be put into the Linux kernel so
that his virtualization system be able to run your kernel as
guest, then this individual's mere formal placement of the code
under GPL version 2, is not enough to accept the code.

If the individual wants you to use the code, and if you would
like to use the offered code, perhaps you might attempt to
negotiate.  I suggest that you open by offering to consider
accepting the code, once the following three conditions are met:

1. The Refund Clause of the individual's EULA be honored.

2. Restitution be made to you and the Free Software Tribes for
damages caused by the individual.

3. The individual's Virtualization System be placed under GPL
version 3.


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