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Not much point

Not much point

Posted Oct 2, 2007 0:36 UTC (Tue) by jejb (subscriber, #6654)
In reply to: Not much point by Zoborov
Parent article: The Linux Driver Project takes off

Arguing without the facts is just as bad as ad hominem attacks.

Perhaps if you looked at the structure of the actual set of NDA's that this is based on you'd have some better arguments? They're published by the Linux Foundation, who found a set of lawyers to help craft them. The general programme is here:

http://www.linux-foundation.org/en/NDA_program

The actual legal docs are at the bottom of the page. The relevant sections to this current thread are:

Section 2A "no Open Source Product shall contain any of the Contributor's confidential information except to the extent required in order to effect the purposes". This somewhat opaque legalese means that any information in the confidential doc that's needed to actually program the device may be incorporated into the resulting driver or otherwise published. i.e. register definitions, APIs, the lot can move directly into the public domain via documentation within the actual written driver.

Section 2B is a patent licence for any and all patents the contributing company happens to hold in the technology needed to drive the device.

Section 7 limits the absolute term of confidentiality to five years.

This seems to be about as transparent as it can be and true to the principles of Open Source: all information needed actually to program the device can become public domain. Any other embellishments in the docs that usually cause lawyers to insist on redacting them before they're released (like slanderous aspersions on the competition or misguided marketing plans) can remain confidential.


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Not much point

Posted Oct 2, 2007 13:24 UTC (Tue) by Zoborov (guest, #29327) [Link]

Notwithstanding anything to the contrary above, except as expressly provided below, LF acknowledges and agrees that the Contributor’s Confidential Information is being provided for reference only, and that no Open Source Software Product shall contain any of the Contributor’s Confidential Information except to the extent required in order to effect the Purposes, for example, where components of the Contributor’s Confidential Information must be incorporated into the source code of an Open Source Software Product in order for the Open Source Software Product to function properly.

except to the extent required in order ... for the ... Product to function properly: nothing in there, certainly nothing explicit, permitting rigorous device documentation within the actual source code.

Not much point

Posted Oct 3, 2007 0:26 UTC (Wed) by jejb (subscriber, #6654) [Link]

That's almost exactly what "except to the extent required in order to effect the Purposes" means in legal terms.

Not much point

Posted Oct 3, 2007 11:40 UTC (Wed) by Zoborov (guest, #29327) [Link]

If the "Confidential Information" may be disclosed only to the extent that it effects the "Purposes", and if the exemplary instance of these "Purposes" is a functional driver, then no, since there's no technical need on the developer's part to provide explicit device documentation. After all, perfectly functional device drivers can have hopelessly obfuscated source code.

I'm not a Veterinarian

Posted Oct 4, 2007 2:05 UTC (Thu) by filker0 (guest, #31278) [Link]

But I do believe that my wife (who is) would concur - This horse is dead. Please don't make us call
the SPCDA (Society for the Prevention of Cruelty to Dead Animals).

The Linux Driver Project will go on whether you're happy about it or not. If I had the time, I'd
volunteer to write a driver or two.

I'm not a Veterinarian

Posted Oct 5, 2007 15:15 UTC (Fri) by Zoborov (guest, #29327) [Link]

The Linux Driver Project will go on whether you're happy about it or not.

The fact/value distinction in a nutshell, there.

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