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Date:      Wed, 17 Oct 2001 12:50:20 -0700
From:      Jordan Hubbard <jkh@freebsd.org>
To:        dhass@imagestream.com
Cc:        tedm@toybox.placo.com, bicknell@ufp.org, kc5vdj@yahoo.com, taylorm@bytecraft.au.com, freebsd-hackers@freebsd.org, freebsd-questions@freebsd.org
Subject:   RE: FYI
Message-ID:  <20011017125020N.jkh@freebsd.org>
In-Reply-To: <Pine.LNX.3.96.1011017111608.30611A-100000@ims1.imagestream.com>
References:  <009301c15726$797d19a0$1401a8c0@tedm.placo.com> <Pine.LNX.3.96.1011017111608.30611A-100000@ims1.imagestream.com>

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> We certainly support the right for companies to protect their intellectual
> property in whatever way they see fit, even if the FreeBSD community does
> not.

Oh my.  I can see that we've gone somewhat polemic here.

As someone who's been around since the very beginning, I think I can
fairly state that this point of view mischaracterizes the FreeBSD
community somewhat.  We're not against companies protecting their
intellectual property at all, and the number of companies using
FreeBSD in closed-source applications with the full "approval" of the
FreeBSD community (where approval is construed by a lack of flames and
general pride at FreeBSD's role in each instance) is considerable and
growing.

What I think Ted may be referring to, and you should be clear on the
fact that Ted sometimes finds it difficult to express himself in less
than hyperbolic terms, is the fact that the base FreeBSD "product" is
one that we take special pains to keep unencumbered for exactly the
reasons expressed above.  If we're to continue to bill FreeBSD as a
product which can be used for any purpose, we need to be careful about
the licenses used for its various fundamental building blocks so that
*third parties* don't get into trouble by perhaps naively assuming
that all of FreeBSD is BSD copyrighted.

It wouldn't "hurt" the FreeBSD Project at all if we started
distributing some drivers in binary form only (though it would add to
our tech support load in having to explain that driver foo was only
supported by ABI bar), but it would potentially hurt an embedded
systems developer to grab the whole ball of wax and productize it,
only to have someone in legal suddenly get to that particular part of
the audit and go "Hey!  This driver doesn't allow commercial re-use!
What the hell does engineering think it's doing?!"  Sure, it's THEIR
problem to deal with and not ours, but those same engineers won't
exactly be thanking us for slipping a hand grenade amidst the roses
where they didn't notice it.

If the project wants to keep making friends in that community, it's
encumbent on it to do as much proactive segregation of
differently-licensed code as possible and impose some reasonable
standards on what's brought into the base and what's kept at arm's
length, again not for its purposes but for the purposes of those who
might be re-using it later.  That's why the GPL code lives in
/usr/src/gnu and /usr/src/sys/gnu - not because we hate GPL code but
because we want to make it very clear just what parts needs to be
subtracted by any 3rd party doing truly closed-source development.
It's also why we prefer BSD-copyrighted solutions to GPL'd ones
if we have a choice - it's just simpler all the way down the line.

I fully support your idea of offering a "bounty" to anyone writing
drivers for your cards and think you're being more than generous in
offering it.  I wish more vendors would do that and I'm sorry that
this discussion has gotten as polarized as it has.  If people want to
change the support situation for T1 cards, they need to get off their
duffs and write the code - as a vendor, you're doing all that might be
expected and more to facilitate the process.  I hope the zealots
in the audience realize that too.

- Jordan

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