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Comment Re: ZFS is nice... (Score 1) 267

But it's combined by the user at runtime, not by canocal. The GPL allows an end users to do this.

This is a way that people kid themselves about the GPL. If the user were really porting ZFS on their own, combining the work and never distributing it, that would work. But the user isn't combining it. The Ubuntu developer is creating instructions which explicitly load the driver into the kernel. These instructions are either a link script that references the kernel, or a pre-linked dynamic module. Creating those instructions and distributing them to the user is tantamount to performing the act on the user's system, under your control rather than the user's.

To show this with an analogy, suppose you placed a bomb in the user's system which would go off when they loaded the ZFS module. But Judge, you might say, I am innocent because the victim is actually the person who set off the bomb. All I did was distribute a harmless unexploded bomb.

So, it's clear that you can perform actions that have effects later in time and at a different place that are your action rather than the user's. That is what building a dynamic module or linking scripts does.

There is also the problem that the pieces, Linux and ZFS, are probably distributed together. There is specific language in the GPL to catch that.

A lot of people don't realize what they get charged with when they violate the GPL (or any license). They don't get charged with violating the license terms. They are charged with copyright infringement, and their defense is that they have a license. So, the defense has to prove that they were in conformance with every license term.

This is another situation where I would have a pretty easy time making the programmer look bad when they are deposed.

Comment Re:ZFS is nice... (Score 1) 267

Uh, that doesn't work. The problem is that doing exactly what you've written down is contriving to avoid your copyright responsibility by deliberately creating a structure in someone else's work which you believe would be a copyright insulator. If you went ahead and did this (I'm not saying that you personally would be the one at Ubuntu to do so), I'd love to be there when you are deposed. Part of my business is to feed attorneys questions when they cross-examine you. I have in a similar situation made a programmer look really bad, and the parties settled as soon as they saw the deposition and my expert report. See also my comment regarding how Oracle v. Google has changed this issue. You can't count on an API to be a copyright insulator in any context any longer.

Comment Re:ZFS is nice... (Score 1) 267

I think you need to look at this in the context of the appeal of Oracle v. Google. We had a concept of an API being a boundary of copyright based on 17 CFR 102(b) and elucidated by Judge Walker's finding in CAI v. Altai. That stood for a long time. But Oracle v. Google essentially overturned it and we're still waiting to see what the lower court does in response.

Comment CDDL and GPL don't mix (Score 3, Informative) 267

Regardless of what Ubuntu has convinced themselves of, in this context the ZFS filesystem driver would be an unlicensed derivative work. If they don't want it to be so, it needs to be in user-mode instead of loaded into the kernel address space and using unexported APIs of the kernel.

A lot of people try to deceive themselves (and you) that they can do silly things, like putting an API between software under two licenses, and that such an API becomes a "computer condom" that protects you from the GPL. This rationale was never true and was overturned by the court in the appeal of Oracle v. Google.

Comment Re:Doctor what's wrong with me? (Score 1) 111

Those genes are not expressed, and we don't have copies of those viruses floating around our bloodstream.

Probably, and for the most part. But we used to think the genome was mostly "junk DNA" before we understood that much of it was homeotic in function. It seems to me that virus copies would not be conserved over time unless they were serving some function.

Comment Re:Medical paywalls are medieval (Score 1) 414

It's a 300 year old one of many branches of medicine. From that school came vaccines, ergot, caffein and many more.

Google homeopathic cocoa and click images.

"Homeopathic" is a Latin word and it has a very very specific technical meaning. Do the above search and ask yourself how does it differ from an Apple?

Comment Re:History of medicine, part IV (Score 1) 414

If you don't feel that's correct please alter Wikpedia and they'll explain it to you.

This is from the medical industry's history of vaccination, this is not from any homeopathic sources, so you just disagreed with vaccine stuff.

You did this because you don't actually know a fucking thing about the subject you're attempting to discuss with somebody who has studied it
probably for longer than you've been alive.

Always check, you may not be right ad in a post Internet ra there is no excuse for this ignorance.

Mirrors should reflect a little before throwing back images. -- Jean Cocteau