SmartOS (based on IllumOS) released

SmartOS (based on IllumOS) released - with KVM

Posted Aug 15, 2011 19:06 UTC (Mon) by trasz (guest, #45786)
In reply to: SmartOS (based on IllumOS) released - with KVM by fuhchee
Parent article: SmartOS (based on IllumOS) released - with KVM

Actually, license can play a role here. CDDL, for example, clearly defines that things merely linked with the CDDL-ed code are not considered derived work, thus avoiding potential virality.

As for the Linux kernel modules - that's not clear either. It would be silly to consider e.g. nVidia drivers or the code VMWare ESX puts into the kernel a derived work.

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SmartOS (based on IllumOS) released - with KVM

Posted Aug 15, 2011 19:44 UTC (Mon) by fuhchee (guest, #40059) [Link] (4 responses)

"clearly defines that things merely linked with the CDDL-ed code are not considered derived work"

It doesn't matter what they clearly define. They don't own the definition, the law does. For works that are not "derived works" in the copyright law sense, the license is apprx. irrelevant.

SmartOS (based on IllumOS) released - with KVM

Posted Aug 15, 2011 19:51 UTC (Mon) by trasz (guest, #45786) [Link] (2 responses)

It does matter: for works that are not derived work in the copyright law sense, the license is irrelevant, but for work that could be derived work, the license _is_ relevant. The problem with GPL is that the law does not state clearly whether stuff merely linked with GPL-ed code constitutes derived work; CDDL solves the problem by explicitly saying it does not apply to the "merely linked" stuff.

SmartOS (based on IllumOS) released - with KVM

Posted Aug 17, 2011 15:09 UTC (Wed) by vonbrand (guest, #4458) [Link] (1 responses)

Exactly as murky as the GPL case. What the heck is "merely linked"? To find out what functions/data I can use from "the other side" presumably I have to study it. Whatever I write and compile to "merely link" won't be able to stand on it's own, and would be completely useless in the next operating system (or even a few versions later of the same). So the argument that it isn't derived is pretty thin. Sure, it could be non-derived (just as in the GPL case), but in most cases it will be a bona fide derived work.

SmartOS (based on IllumOS) released - with KVM

Posted Aug 17, 2011 18:17 UTC (Wed) by trasz (guest, #45786) [Link]

The "merely linked" wording is my own. CDDL is very specific here, see my other comment above. It makes it very clear that it only applies to files copyrighted under CDDL or containing code taken from files copyrighted under CDDL. This makes it very different from GPL, which, according to RMS, applies also to everything linked with files copyrighted under GPL, i.e. the phenomenon often called "virality".

SmartOS (based on IllumOS) released - with KVM

Posted Aug 15, 2011 20:05 UTC (Mon) by allan1015 (guest, #78373) [Link]

>>>It doesn't matter what they clearly define. They don't own the definition, the law does

Ah yes as the last poster commented - that view is while ideal a bit naive as the 'law' lends absolutely no guidance on GPL derived works/copyleft.

SmartOS (based on IllumOS) released - with KVM

Posted Aug 15, 2011 19:48 UTC (Mon) by clump (subscriber, #27801) [Link]

Similar to NVidia binary drivers in Linux, one concern would regard the permissibility of distributing binaries of conflicting licenses.

SmartOS (based on IllumOS) released - with KVM

Posted Aug 15, 2011 22:18 UTC (Mon) by robert_s (subscriber, #42402) [Link] (2 responses)

"thus avoiding potential virality."

Do we have to have this "virality" guff? It's being used very spuriously. I've never known of a virus that requires you to voluntarily choose to use it before it infects you.

It just makes you look like you've got an agenda.

SmartOS (based on IllumOS) released - with KVM

Posted Aug 16, 2011 20:21 UTC (Tue) by jone (guest, #62596) [Link]

perhaps that should read .. "thus avoiding potential virility" .. maybe trasz is just a bit jealous of the reproductive effectiveness the linux codebase has already had .. :)

SmartOS (based on IllumOS) released - with KVM

Posted Aug 18, 2011 14:42 UTC (Thu) by seyman (subscriber, #1172) [Link]

Agreed. When describing Linux's license, I use "transitivity" when talking to people with a scientific background and "hereditary" in all other cases. Both terms describe the GPL's effects far better than "virality"

SmartOS (based on IllumOS) released - with KVM

Posted Aug 27, 2011 3:35 UTC (Sat) by cas (guest, #52554) [Link] (1 responses)

As for the Linux kernel modules - that's not clear either. It would be silly to consider e.g. nVidia drivers or the code VMWare ESX puts into the kernel a derived work.

No, it wouldn't be silly to do that. In fact, that's precisely why proprietary drivers like nvidia's can not be distributed WITH the kernel. Combining the two produces a derived work.

That's something that an end-user is free to do on their own machines (since they're not distributing the combined result, the GPL's rules on redistribution of derived works does not apply. The GPL restricts redistribution, not usage.)

BUT - and here's the catch - a distributor (such as debian or redhat or anyone else) can not do that. They can not re-distribute the combined work under terms compatible with the GPL so they are not permitted to re-distribute it at all.

At best, they can create an installer package which makes it more convenient for an end-user to download, patch the kernel and/or compile the module, and install it. as, for example, debian does with the nvidia-kernel-dkms package in the debian non-free archive. This actually works quite well in practice and is no more inconvenient to the end-user than similar dkms packages for GPL-compatible kernel modules that aren't part of the mainline kernel - e.g. oss4-dkms, blcr-dkms, xtables-addons-dkms and others.

(btw, this is NOT a bug in the GPL. it's a feature. its purpose is to prevent hijacking GPL-ed code into proprietary software)

SmartOS (based on IllumOS) released - with KVM

Posted Aug 27, 2011 11:10 UTC (Sat) by fuhchee (guest, #40059) [Link]

"Combining the two produces a derived work."

But then the question becomes what's "combining" in this context: shipping on the same installation DVD? or installation server?

It's nice that most OSS companies tend to respect an expansive reading of all these issues, to avoid litigation risks and alienating developers. But don't mistake that for legal clarity of the situation.