Linux kernel rewrite claims denied

zdnet ^ | January 18, 2005 | Ingrid Marson

[N3WBI3]

Open Source Development Labs has reportedly rejected reports it is leading a revision of the Linux Kernel to remove code that might infringe software patents

Open Source Development Labs (OSDL), which promotes the adoption of the Linux operating system, has denied that it plans to rewrite the Linux kernel to combat claims that it infringes some software patents.

Linux Business Week reported last week that, according to "informed sources", the OSDL, Intel, IBM, the state of Oregon and the city of Beaverton are part of a consortium that will rewrite the parts of the Linux kernel that allegedly infringe patents. It said that the project, called "Operation Open Gates", aims to stop Microsoft from scaring customers off Linux by claiming that the operating system infringes patents.

In recent months, Microsoft has used the threat of IP infringement as part of its battle against Linux. In October 2004, Microsoft chief executive Steve Ballmer claimed in an executive email that Windows was a better choice than Linux because it provides protection against legal action over patent violations. A month later, at Microsoft's Asian Government Leaders Forum in Singapore, Ballmer claimed that Linux violates more than 228 patents and that organisations will be at risk of legal action if they use Linux.

But the OSDL has denied that it is planning to rewrite parts of the kernel. According to online news site NewsForge, OSDL officials have said that the report was not accurate, and that while Beaverton is putting $1.2m into economic development around open source software this is not connected to rewriting the Linux kernel.

The OSDL was not available for comment at the time of writing.

[Boundless]

Is this more of O'Gara's so-called journalism?

Groklaw's take on it is at:
http://www.groklaw.net/article.php?story=20050115131942494

You'll need to ignore the intertwined death-spiral
debate about Santa Claus :-)

[konaice]

It should be pointed out that when challenged to point out the code that violates any of these 228 patents, Balmer subsequently backed down, and did not point out a single line of code.

Its easy to claim that Linux, or even a lug nut might be subject to law suits, because one can sue over anything, or nothing at all. One needs no proof to bring a suit, merely a lawyer with too much time on its hands. (And yes, I did mean to say "its" and not his...).

On the other hand, the amount of stolen UNIX code in Windows has recently been proven to be much larger than previously thought, when source code to Win2k was leaked/stolen a few years ago. Balmer seems unconcerned with this potential violation.

[Duke Nukum]

They should just rewrite linux to make it easy and fun to use.

I had a dream last night such a linux existed and I set up an old machine of mine to use it. But I still mostly used windows since there are games and fun stuff to do with windows.

At work, we mostly chase linux and unix (which are the same thing) problems from platform to platform. Every platform claims they're doing it the right way but all they do is break my scripts and piss me off.

Sometimes you can use typeset -Z2 to add leading zeroes and sometimes you have to pull your hair out.

Sometimes you can do:

echo $L|awk -F" " {'print $2,$3,$5 '}|read MONTH DAY SIZE

And other times you're ready to put a sledgehammer through the screen, which, by the way, is the wrong thing to attack since the evil is in the CPU and sometimes on external hard drives.

DEATH TO UNIX! LONG LIVE THE NEW FLESH!

[rit]

Some folks may find irony in Groklaw's poor choice of using Santa Claus as a myth, to rebuke G2's poor choice in reporting a myth as a story.

[ShadowAce]

Actually, your problems sound more like different versions of the tool (awk, typeset, etc), rather than the OS differences.

Have you suggested they standardize on one version?

[ShadowAce]

Come N3WBI3, I thought you'd (at least) ping GE, since he posted the original. :)

[Boundless]

> ... the amount of stolen UNIX code in Windows has recently
> been proven to be much larger than previously thought, ...

Not just Unix. Recall Stac Electronics (among many others)?
Mr. Bill is an equal-opportunity plagiarist, and since his
OS is closed-source, the purloined portions are harder to
find, but find them people do.

Anyway, MS bought a very expensive license from SCO,
ostensibly to protect MS from Unix claims, but it's
also speculated to have been a way for MS to fund the
SCO f.u.d. machine.

[rit]

Linux fans may someday have to square with issued patents. Sure there is a report about potential patent infringement which is not released to the public. But, anybody can see there are 25 issued US patents with claims containing Linux, not to mention the pending 150 applications, of which only one is assigned to Microsoft. It is never a problem until the patent holder asserts their patent, and, it is found to actually be valid.

[konaice]

I'n not sure of your entire point here.

The mere fact that the word "linux" appears in a patent is meaningless.

[ShadowAce]

From another thread:
We'll just have to wait and see now, won't we? Personally, I'm hoping that it isn't true.

Here ya go.

[rit]

The mere fact that the word "linux" appears in a patent is meaningless as long 1) you are not infringing any of the specific use of linux as stated in the claims of the 25 issued patents, or 2) the patent holder doesn't assert their patent rights against you; or 2a) a court does not find you are infringing any valid claim; or 2b) the patent office doesn't throw out the patent on prior art or technicality; or 2c) you and so on ....; or 3) you have a valid patent use license from the patent holder.

See, I agree with you.

[The Duke]

Linux fans may someday have to square with issued patents.

It better happen fast, because one thing about patents is that THEY EXPIRE! Remember the .GIF patent and the patent on RSA encryption? All water under the bridge now.

Of course I *DO* realize that industry will undoubted lobby our corrupt politicos to increase these limits (as they have successfully done with copyrights) - but permit me my fantasies!

[thulldud]

Sometimes you can use typeset -Z2 to add leading zeroes

Sometimes you can do: echo $L|awk -F" " {'print $2,$3,$5 '}|read MONTH DAY SIZE

Neither of these situations has anything to do with the OS kernel -- these are shell commands, and whichever shell you use can have any number of OS kernels under it. It's not the fault of the kernel that you didn't shebang the proper shell into your program at the outset.

[Duke Nukum]

I always shebang ksh. You sound like one of those awkward nerds who embraces this crap because everyone beat up on you in high school, so now you have this overly complicated usless thing that is all your own and you can LORD your false intellectual superiority over other people now.


O/S should be about getting stuff done, not about getting revenge for when you were kicked on the playground when you were ten. The O/S should take care of all of this. That is what "O/S" means. "O/S" means "relax buddy, I'll take care of the stupid crap so you can do what needs to be doing."

It does not mean "Root around the overly long and complectaed man files and if you can't find it 'Ha! Ha!' you probably kicked my master when he was ten." Which, I never did.

[Duke Nukum]

I always shebang ksh. You sound like one of those awkward nerds who embraces this crap because everyone beat up on you in high school, so now you have this overly complicated usless thing that is all your own and you can LORD your false intellectual superiority over other people now.


O/S should be about getting stuff done, not about getting revenge for when you were kicked on the playground when you were ten. The O/S should take care of all of this. That is what "O/S" means. "O/S" means "relax buddy, I'll take care of the stupid crap so you can do what needs to be doing."

It does not mean "Root around the overly long and complectaed man files and if you can't find it 'Ha! Ha!' you probably kicked my master when he was ten." Which, I never did.

[thulldud]

??

Btw, just because something is invoked as "ksh" don't mean it came from David Korn. And there are several versions even of that.

Try bash.

[Duke Nukum]

Bash is totally unusable. None of my typesets ro awks work at all under that thing and set -o vi doesn't work that well either, if at all. I avoid bash like it was csh, which might be even more useless.

[thulldud]

Well, I won't comment on csh. But are you working on systems where you can bring in a shell that does what you actually want and install it there? After all, it should be considered to be just like any other program.

Alternatively, you could use Perl to do that scripting. Forget awk, sed, and never say "typeset" again.

Saying "set -o vi" works quite well on my home systems (using bash) as well as at the office (ksh). Sounds like you got a different problem.

Again, though, none of this has anything to do with the kernel itself.