Reverse engineering (was Re: Linux in a binary world... a doomsday scenario)

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Lee Revell wrote:
On Tue, 2005-12-06 at 14:41 -0500, Jeff Garzik wrote:

Lee Revell wrote:

On Tue, 2005-12-06 at 14:13 -0500, Jeff Garzik wrote:

Let's hope the rev-eng people do it the right way, by having one team write a document, and a totally separate team write the driver from
that document.

Isn't it also legal for a single person or team to capture all IO
to/from the device with a bus analyzer or kernel debugger and write a
driver from that, as long as you don't disassemble the original driver?

It's still legally shaky. The "Chinese wall" approach I described above is beyond reproach, and that's where Linux needs to be.


I know you are not a lawyer but do you have a pointer or two?  As long
as we are REing for interoperability I've never read anything to
indicate the approach I described could be a problem even in the US.

The _potential_ for problems is very high:

1) [ref Alan's email] copying programming sequences

2) Lack of Chinese wall requires TRUST and EVIDENCE that you did the rev-eng without "source code that fell off the back of a truck" [i.e. illegally obtained] or "docs that fell off the back of a truck."

3) Lack of Chinese wall increases the likelihood that a SCOX or other entity could use that as a legal weapon against Linux.

In Linux, I really have no way of knowing how questionable a driver submission is, if it did not arrive from the Chinese wall approach, or a known hacker with a valid path to hardware docs/engineers/code. Past experience shows that Mr. Unknown Hacker is likely to take legal shortcuts when writing the driver.

If I accept code of highly questionable origin, then I put Linux in jeopardy.

	Jeff


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