On Sat, Nov 09, 2024 at 12:29:55PM -0600, G. Branden Robinson wrote:
Whether the GPL truly applies to the Linux kernel at all is an
interesting question. It appears to me that it does--unless and until
you pay membership dues to the Linux Foundation.[2] You can then treat
it as being under the 2-clause BSD license, MIT/X11 license, or similar.
If anyone knows of a counterexample (that is, of a case of an LF member
out of compliance with the GPL _in the Linux kernel_ being compelled to
come into compliance), I'm all ears.
The Linux Foundation does not exclusively own the copyright on the
Linux kernel. The copyright is jointly owned by all of the
contributors of the Linux kernel. This makes it quite unlike the FSF
projects, where contributions to FSF project require a copyright
assignment[1].
[1]
https://www.fsf.org/bulletin/2022/fall/copyright-assignment-with-the-fsf
The FSF requires the copyright assignment primarily to make it easy to
due entities which the FSF perceives to have violated the GPL. The
Linux community tends to not prioritize using lawsuits to enforce the
GPL. Our preference is to use public shaming and pursuading companies
that by holding their changes back, they are actually hurting
themselves. This is because the Linux kernel is constantly improving,
and if you don't contribute the changes back, in order to to take
advantage of the new features in the latest upstream kernel, you would
have to constantly forward port your patches to tha latest kernel is
P-A-I-N-F-U-L.
For example, consider the data center kernel used by Google. Since it
is not distributed outside of Google, there is no obligation under the
GPL to distribute sources for any changes made to the Linux kernel.
However, Google *wants* to contribute those changes back, because
forward-porting 9,000 out-of-tree patches is a huge amount of
engineering effort. Hence, Project Icebreaker[1], which is an effort
to reduce this technical debt by getting as many patches upstream as
possible, with a goal to be able to update to each year's Stable
kernel every year. (And if you have to forward-port 9,000 commits,
and then test and qualify all of these changes, it's simply
impossible.)
[2]
https://lwn.net/Articles/871195/
Linux Foundation membership has absolutely nothing to do with GPL
license obligations. All Linux Foundation members and non-members,
are obliged to following the GPL license. And although Linux
Foundation members might wish otherwise, LF membership also doesn't
guarantee that your changes will be accepted upstream. Getting
changes upstream requires that they pass peer review and the bar that
subsystem maintainers set for technical assistance is quite difficult.
Despite it being a high bar, many companies spend a lot of effort to
make to get their changes upstream --- because it's worth it for them.
And because Google wants the changes contributed by Facebook and
Amazon, and Facebook wants the changes from Amazon and Google, etc.,
this becomes a virtuous circle which encourages other companies, like
IBM, Samsung, etc., to contribute *their* changes back to the Linux
kernel mainline.
So why do companies join the Linux Foundation? Well, there are a
number of benefits, but one very important one is that it provides a
way for companies to directly collaborate with funded programs to make
improvements to Linux without worrying about anti-trust conerns. For
example, 15 years ago, IBM, Intel, HP, and other companies collaborate
to improve Linux Scalability, and the companies collaborated about
which asspects of the Linux Scalability Effort they would work on
without having two companies ending up working on the same problems.
Of course, 501(c)(6) organizations are not the only way companies can
safely collaborate; standards development organizations like ANSI and
ISO are aanother way companeis can work together. But if you think
the Linux Foundation membership dues are expensive, trust me, having
done both, participating in ANSI/ISO/INCITS can be *way* more
expensive. (Especially once you take into account the mandatory
international travel required...)
- Ted