Re: [Xen-devel] [PATCH 08/11] add tpmfront, tpm_tis, and tpmback drivers to mini-os

[Ian Campbell <Ian.Campbell@xxxxxxxxxx>]

On Tue, 2012-10-02 at 15:17 +0100, Matthew Fioravante wrote:
> On 10/02/2012 06:57 AM, Ian Campbell wrote:
> >> diff --git a/extras/mini-os/include/tpm_tis.h 
> >> b/extras/mini-os/include/tpm_tis.h
> >> new file mode 100644
> >> index 0000000..b463cea
> >> --- /dev/null
> >> +++ b/extras/mini-os/include/tpm_tis.h
> >> @@ -0,0 +1,74 @@
> >> +/*
> >> + * Copyright (c) 2010-2012 United States Government, as represented by
> >> + * the Secretary of Defense.  All rights reserved.
> >> + *
> >> + * This program is free software; you can redistribute it and/or
> >> + * modify it under the terms of the GNU General Public License version 2
> >> + * as published by the Free Software Foundation; or, when distributed
> >> + * separately from the Linux kernel or incorporated into other
> >> + * software packages, subject to the following license:
> >> + *
> >> + * Permission is hereby granted, free of charge, to any person obtaining 
> >> a copy
> >> + * of this source file (the "Software"), to deal in the Software without
> >> + * restriction, including without limitation the rights to use, copy, 
> >> modify,
> >> + * merge, publish, distribute, sublicense, and/or sell copies of the 
> >> Software,
> >> + * and to permit persons to whom the Software is furnished to do so, 
> >> subject to
> >> + * the following conditions:
> >> + *
> >> + * The above copyright notice and this permission notice shall be 
> >> included in
> >> + * all copies or substantial portions of the Software.
> >> + *
> >> + * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 
> >> EXPRESS OR
> >> + * IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF 
> >> MERCHANTABILITY,
> >> + * FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT 
> >> SHALL THE
> >> + * AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
> >> + * LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
> >> + * FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER 
> >> DEALINGS
> >> + * IN THE SOFTWARE.
> >> + *
> >> + * Based upon the files:
> >> + *  drivers/char/tpm/tpm_tis.c
> >> + *  drivers/char/tpm/tpm.c
> >> + * from the Linux kernel, which are Copyright (C) 2006 IBM Corporation
> > Given that then I don't think you have the authority to dual license
> > code owned by IBM as GPL or the MIT style thing above -- these files are
> > subject to the licensing terms of those original files (which looks to
> > be GPL v2 only).
> >
> > It might be acceptable to have a GPL header as the primary followed by a
> > "modifications by Matthew Fioravante/US Gov/Secretary Defense are also
> > licensed under... .MIT thing ...." but I'd want to see a second opinion
> > on that I think.
> >
> > I didn't check all the other licensing thoroughly but I expect similar
> > comments will apply elsewhere too.
> As far as I understand (I'm in no way a copyright lawyer), there is a
> difference between copyright and license. What this is trying to convey
> is that the changes are copyrighted by the US Govt and the license being
> offered is GPLv2.

The license which your header offers is not the GPLv2 though -- it says
GPLv2 or MIT license, specifically it says: "; or, when distributed
separately from the Linux kernel or incorporated into other software
packages, subject to the following license: <MIT license>".

If that is not your intention then you have written the wrong thing in
your header.

Perhaps you would find the "How to Apply These Terms to Your New
Programs" bit of http://www.gnu.org/licenses/gpl-2.0.html useful?

Ian.




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