From root@hannibal.servitor.co.uk Wed Jan 21 07:28:36 2004 Return-Path: Received: from mx1.FreeBSD.org (mx1.freebsd.org [216.136.204.125]) by hub.freebsd.org (Postfix) with ESMTP id 0591216A4CE for ; Wed, 21 Jan 2004 07:28:36 -0800 (PST) Received: from hannibal.servitor.co.uk (hannibal.servitor.co.uk [195.188.15.48]) by mx1.FreeBSD.org (Postfix) with ESMTP id 7930743D41 for ; Wed, 21 Jan 2004 07:28:34 -0800 (PST) (envelope-from root@hannibal.servitor.co.uk) Received: from root by hannibal.servitor.co.uk with local (Exim 4.14) id 1AjKHV-00031P-SW; Wed, 21 Jan 2004 15:28:37 +0000 Message-Id: Date: Wed, 21 Jan 2004 15:28:37 +0000 From: Paul Robinson Reply-To: Paul Robinson To: FreeBSD-gnats-submit@freebsd.org Cc: Theo de Raadt Subject: Theo's IPR-protected code in project needs removal X-Send-Pr-Version: 3.113 X-GNATS-Notify: >Number: 61676 >Category: misc >Synopsis: Theo's IPR-protected code in project needs removal >Confidential: no >Severity: non-critical >Priority: medium >Responsible: core >State: closed >Quarter: >Keywords: >Date-Required: >Class: change-request >Submitter-Id: current-users >Arrival-Date: Wed Jan 21 07:30:05 PST 2004 >Closed-Date: Wed Jan 21 09:46:11 MST 2004 >Last-Modified: Wed Jan 21 08:50:27 PST 2004 >Originator: Theo de Raadt >Release: All affected FreeBSD >Organization: OpenBSD >Environment: >Description: The following e-mail was received on freebsd-hackers@freebsd.org. The individual raising this PR neither has commit bits, nor was able to identify a specific file that had been backed out of NetBSD recently that remained in FreeBSD. This may be an error of the PR-raiser's part, however further details about the specific files can be probably obtained by contacting Theo directly. This PR is CC'ed to him. To: hackers@freebsd.org Date: Tue, 20 Jan 2004 20:23:41 -0700 From: Theo de Raadt Subject: Sam Leffler: Re: hey The /dev/crypto testing program in FreeBSD, like in NetBSD, was derived from a test program which I never published with a free license. It has now been deleted from the NetBSD tree as well. Please delete it from the FreeBSD tree as well. Because apparently Sam is too busy to keep your tree clear of license violations. ------- Forwarded Message Return-Path: sam@errno.com Delivery-Date: Tue Jan 20 20:20:26 2004 Received: from ebb.errno.com (ebb.errno.com [66.127.85.87]) by cvs.openbsd.org (8.12.10/8.12.1) with ESMTP id i0L3KPRL017668 (version=TLSv1/SSLv3 cipher=DHE-DSS-AES256-SHA bits=256 verify=FAIL) for ; Tue, 20 Jan 2004 20:20:26 -0700 (MST) Received: from 66.127.85.91 ([66.127.85.91]) (authenticated bits=0) by ebb.errno.com (8.12.9/8.12.9) with ESMTP id i0L3JhHQ070397 (version=TLSv1/SSLv3 cipher=RC4-MD5 bits=128 verify=NO); Tue, 20 Jan 2004 19:19:43 -0800 (PST) (envelope-from sam@errno.com) From: Sam Leffler Organization: Errno Consulting To: Theo de Raadt Date: Tue, 20 Jan 2004 19:24:10 -0800 User-Agent: KMail/1.5.3 Cc: jonathan@DSG.Stanford.EDU References: <200401210315.i0L3FxRK017505@cvs.openbsd.org> In-Reply-To: <200401210315.i0L3FxRK017505@cvs.openbsd.org> MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit Content-Disposition: inline Message-Id: <200401201924.10383.sam@errno.com> On Tuesday 20 January 2004 07:15 pm, Theo de Raadt wrote: > > You didn't say anything when it was published with you referenced as > > author. > > If I say nothing, Berne convention and the national laws matching that > charter apply. > > > Feel free to sue me. > > That is not what this about. Please remove it from FreeBSD too. The > way it looks now, you have made a derived work from work of mine > without permission. I'm busy for the next few months doing non-FreeBSD work. I'll deal with your complaint when I have the time. If this is unsatisfactory feel free to contact someone else. Sam ------- End of Forwarded Message _______________________________________________ freebsd-hackers@freebsd.org mailing list http://lists.freebsd.org/mailman/listinfo/freebsd-hackers To unsubscribe, send any mail to "freebsd-hackers-unsubscribe@freebsd.org" >How-To-Repeat: >Fix: Identify and remove the offending file and inform Theo that all is now well. >Release-Note: >Audit-Trail: Responsible-Changed-From-To: freebsd-bugs->core Responsible-Changed-By: ceri Responsible-Changed-When: Wed Jan 21 07:47:09 PST 2004 Responsible-Changed-Why: Core have said that they will deal with this. http://www.freebsd.org/cgi/query-pr.cgi?pr=61676 From: "Xin LI" To: "'Paul Robinson'" , Cc: "'Theo de Raadt'" Subject: RE: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 23:47:22 +0800 The file Theo pointed out should be src/tools/tools/crypto/cryptotest.c, IMO, which was brought to NetBSD and backed out after a short while. I am not sure about the IP status of the code in question, but well, I think if Theo did not wrote anything about the copyright status, it should be either removed or replaced with a re-implementation, as Theo requested. However... Well, are you serious, Theo? Cheers, Xin LI From: Paul Robinson To: freebsd-gnats-submit@FreeBSD.org, Theo de Raadt Cc: Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 15:53:10 +0000 Thanks to the help of #freebsduk and Sam Smith , the files now have been identified. In NetBSD, this seems to match: http://cvsweb.netbsd.org/bsdweb.cgi/src/regress/sys/opencrypto/cryptotest/Attic/cryptotest.c In FreeBSD, although there seems to have been some derived works since, this appears to the file at fault: http://www.freebsd.org/cgi/cvsweb.cgi/root/src/src/tools/tools/crypto/cryptotest.c Quote: Revision 1.1 / (download) - annotate - [select for diffs], Sat Dec 14 06:23:58 2002 UTC (13 months, 1 week ago) by sam Branch: MAIN add program used to exercise/test /dev/crypto symmetric crypto functionality Obtained from: openbsd (originally) End Quote. The file itself has no license, but states at the bottom of the header comments "This code originally came from openbsd; give them all the credit". I concur - this is not a public license. Hope this helps speeding up backing the file out. -- Paul Robinson From: Theo de Raadt To: Paul Robinson Cc: drhodus@machdep.com Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:15:51 -0700 I am absolutely stunned. I'm being told that my non-free software won't be deleted from your source tree unless I prove it is mine? And Warner thinks that my alert deserves a 'rebuke'. FreeBSD has become non-free, that's for sure. I am stunned. I am very dissapointed at Warner's response. Date: Wed, 21 Jan 2004 07:25:38 -0700 (MST) Message-Id: <20040121.072538.08426688.imp@bsdimp.com> To: deraadt@cvs.openbsd.org Cc: core@freebsd.org Subject: Re: Sam Leffler: Re: hey From: "M. Warner Losh" In-Reply-To: <200401210323.i0L3NfRK021046@cvs.openbsd.org> References: <200401210323.i0L3NfRK021046@cvs.openbsd.org> X-Mailer: Mew version 3.3 on Emacs 21.3 / Mule 5.0 (SAKAKI) Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit In message: <200401210323.i0L3NfRK021046@cvs.openbsd.org> Theo de Raadt writes: : The /dev/crypto testing program in FreeBSD, like in NetBSD, was : derived from a test program which I never published with a free : license. It has now been deleted from the NetBSD tree as well. : : Please delete it from the FreeBSD tree as well. : : Because apparently Sam is too busy to keep your tree clear of : license violations. hackers@ is not the right place to send this complaint to. You should have mailed to core@ instead. Mailing to hackers@ can only be seen to be done to inflame public opinion rather than to try to work towards a solution if you found Sam unresponsive. core@ is the proper escalation in those circumstances. Future such occurances of complaints of this nature in the wrong forum will be ignored. Please provide core@ with supporting documentation for this, as well as the exact parts of the code that you believe to be in violation. Vague messages like this are impossible to act upon. A list of filenames would be a good start. Without specificity we are unable to do anything. Warner From: "M. Warner Losh" To: deraadt@cvs.openbsd.org Cc: paul@iconoplex.co.uk, drhodus@machdep.com, eischen@vigrid.com, freebsd-gnats-submit@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:26:18 -0700 (MST) In message: <200401211615.i0LGFpRK025315@cvs.openbsd.org> Theo de Raadt writes: : I am absolutely stunned. I'm being told that my non-free software won't : be deleted from your source tree unless I prove it is mine? And Warner : thinks that my alert deserves a 'rebuke'. : : FreeBSD has become non-free, that's for sure. : : I am stunned. : : I am very dissapointed at Warner's response. Would you take a minute to read what I said. I said basically "tell us what is wrong, and we'll fix it. Here's the right way to make that happen and how to address such things in the future." Do so, and I'll personally remove the file. Please take the rest of the attitude and put it away. It isn't helpful. Tell me the files that you question. Don't use this as a political axe to grind, otherwise you are no better than sco. Warner From: Paul Robinson To: Theo de Raadt Cc: drhodus@machdep.com, eischen@vigrid.com, imp@freebsd.org, freebsd-gnats-submit@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 16:26:57 +0000 I concur. The specific files are now in the PR follow-ups with references to both the FreeBSD CVS commit log AND the relevant NetBSD commit log. I'm on FreeBSD's (the project's, not core's) side here generally, which is why I am saying VERY carefully: I am not a lawyer - yet. However, my study of IPR as it relates to this complaint is such that it is the duty of the FreeBSD project to remove the code unless they can show it is based on software released under a public license. My reading of the source code is that no such license applies. The reason I, a non-committer jumped on this, raised the PR and went shouting around the IRC channels for help, is because I know what damage an internal fight between the BSD projects can do to us all. If I had commit bit, right now, I'd be pulling this file: /usr/src/tools/tools/crypto/cryptotest.c I strongly recommend that core@freebsd.org do as I would do, issue Theo an apology, remove the file and let's all move on. It would be useful if Theo de Raadt could bring to the Project's attention now any other files he feels have never been released under a BSD license. On Wed, Jan 21, 2004 at 09:15:51AM -0700, Theo de Raadt wrote: > I am absolutely stunned. I'm being told that my non-free software won't > be deleted from your source tree unless I prove it is mine? And Warner > thinks that my alert deserves a 'rebuke'. > > FreeBSD has become non-free, that's for sure. > > I am stunned. > > I am very dissapointed at Warner's response. > > > Date: Wed, 21 Jan 2004 07:25:38 -0700 (MST) > Message-Id: <20040121.072538.08426688.imp@bsdimp.com> > To: deraadt@cvs.openbsd.org > Cc: core@freebsd.org > Subject: Re: Sam Leffler: Re: hey > From: "M. Warner Losh" > In-Reply-To: <200401210323.i0L3NfRK021046@cvs.openbsd.org> > References: <200401210323.i0L3NfRK021046@cvs.openbsd.org> > X-Mailer: Mew version 3.3 on Emacs 21.3 / Mule 5.0 (SAKAKI) > Mime-Version: 1.0 > Content-Type: Text/Plain; charset=us-ascii > Content-Transfer-Encoding: 7bit > > In message: <200401210323.i0L3NfRK021046@cvs.openbsd.org> > Theo de Raadt writes: > : The /dev/crypto testing program in FreeBSD, like in NetBSD, was > : derived from a test program which I never published with a free > : license. It has now been deleted from the NetBSD tree as well. > : > : Please delete it from the FreeBSD tree as well. > : > : Because apparently Sam is too busy to keep your tree clear of > : license violations. > > hackers@ is not the right place to send this complaint to. You should > have mailed to core@ instead. Mailing to hackers@ can only be seen to > be done to inflame public opinion rather than to try to work towards a > solution if you found Sam unresponsive. core@ is the proper > escalation in those circumstances. Future such occurances of > complaints of this nature in the wrong forum will be ignored. > > Please provide core@ with supporting documentation for this, as well > as the exact parts of the code that you believe to be in violation. > Vague messages like this are impossible to act upon. A list of > filenames would be a good start. Without specificity we are unable to > do anything. > > Warner > -- Paul Robinson From: "M. Warner Losh" To: paul@iconoplex.co.uk Cc: deraadt@cvs.openbsd.org, drhodus@machdep.com, eischen@vigrid.com, freebsd-gnats-submit@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:31:47 -0700 (MST) Theo still hasn't confirmed that /usr/src/tools/tools/crypto/cryptotest.c is the file in question. All it takes is one email from him saying "this file is the one I contest" and I'll do the deed. I can't do it based on second hand information, however. It must come from the copyright holder. People are freaking out way too much and should stop. I want to make it right, and have wanted to make it right from the outset, but posting things in public isn't proper legal notice. Warner From: Theo de Raadt To: "M. Warner Losh" Cc: paul@iconoplex.co.uk, drhodus@machdep.com, eischen@vigrid.com, freebsd-gnats-submit@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:34:06 -0700 > In message: <200401211615.i0LGFpRK025315@cvs.openbsd.org> > Theo de Raadt writes: > : I am absolutely stunned. I'm being told that my non-free software won't > : be deleted from your source tree unless I prove it is mine? And Warner > : thinks that my alert deserves a 'rebuke'. > : > : FreeBSD has become non-free, that's for sure. > : > : I am stunned. > : > : I am very dissapointed at Warner's response. > > Would you take a minute to read what I said. > > I said basically "tell us what is wrong, and we'll fix it. Here's the > right way to make that happen and how to address such things in the > future." Do so, and I'll personally remove the file. Please take the > rest of the attitude and put it away. It isn't helpful. I was very clear in my initial posting, I told you to delete it. I read your mail very clearly, you: - santimoniously told me that I should have kept it off your public mailing lists - furthermore, you told me that if I told public mailing lists again about such license problems in the future they 'would be ignored', I quote: > Future such occurances of > complaints of this nature in the wrong forum will be ignored. - told me to prove it was a license problem before you took action > Tell me the files that you question. Don't use this as a political > axe to grind, otherwise you are no better than sco. SCO! Wow! Hey, don't try to turn this around. You tried to be an prick in response to my request for deletion of non-free code, and now you want me to look like the bad guy because you pretty much told me no? I am including the message and my reply to core. As an outsider I of course am powerless to request that you Sam apologize for stealing my code and then refusing to deal with it, or request that you apologize for refusing to take action. But with you, the real problem is the blathering excuses you make as you refuse to delete a file in your source tree that has no valid copyright on it. --- Date: Wed, 21 Jan 2004 09:04:14 -0700 From: Theo de Raadt Subject: Re: Sam Leffler: Re: hey BCC: ------- Blind-Carbon-Copy To: "M. Warner Losh" cc: core@freebsd.org Subject: Re: Sam Leffler: Re: hey In-reply-to: Your message of "Wed, 21 Jan 2004 07:25:38 MST." <20040121.072538.08426688.imp@bsdimp.com> Date: Wed, 21 Jan 2004 09:04:14 -0700 From: Theo de Raadt > In message: <200401210323.i0L3NfRK021046@cvs.openbsd.org> > Theo de Raadt writes: > : The /dev/crypto testing program in FreeBSD, like in NetBSD, was > : derived from a test program which I never published with a free > : license. It has now been deleted from the NetBSD tree as well. > : > : Please delete it from the FreeBSD tree as well. > : > : Because apparently Sam is too busy to keep your tree clear of > : license violations. > > hackers@ is not the right place to send this complaint to. You should > have mailed to core@ instead. Mailing to hackers@ can only be seen to > be done to inflame public opinion rather than to try to work towards a > solution if you found Sam unresponsive. Unresponsive? No, let's go further -- I found him insulting for saying he would not respond. NetBSD at least responded to the licensing error. > core@ is the proper > escalation in those circumstances. Future such occurances of > complaints of this nature in the wrong forum will be ignored. I don't care. > Please provide core@ with supporting documentation for this, as well > as the exact parts of the code that you believe to be in violation. Your own tree makes it clear that it came from openbsd, and the NetBSD people also know this. Furthermore, it is CLEAR that this file has no notice on it. > Vague messages like this are impossible to act upon. A list of > filenames would be a good start. Without specificity we are unable to > do anything. Bullshit, Warner, Bullshit. I am saving this mail, where you are basically saying that unless I can prove a file is written by me, then it is OK to be in your tree *WITHOUT A COPYRIGHT NOTICE SAYING SO* ------- End of Blind-Carbon-Copy From: "M. Warner Losh" To: deraadt@cvs.openbsd.org Cc: paul@iconoplex.co.uk, drhodus@machdep.com, eischen@vigrid.com, freebsd-gnats-submit@freebsd.org, core@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:38:13 -0700 (MST) TELL ME THE FILE TO DELETE AND I WILL DELETE IT. You have not done so yet. You have only described the file (/dev/crypto test program). To ensure that I delete the right file, just tell me the name of it. Warner State-Changed-From-To: open->closed State-Changed-By: imp State-Changed-When: Wed Jan 21 09:45:24 MST 2004 State-Changed-Why: Now that Theo has confirmed the file in question, remove it from the repo until such time as the issues surrounding it are resolved. http://www.freebsd.org/cgi/query-pr.cgi?pr=61676 From: Theo de Raadt To: "M. Warner Losh" Cc: paul@iconoplex.co.uk, drhodus@machdep.com, eischen@vigrid.com, freebsd-gnats-submit@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:40:59 -0700 > Theo still hasn't confirmed that > /usr/src/tools/tools/crypto/cryptotest.c > is the file in question. All it takes is one email from him saying > "this file is the one I contest" and I'll do the deed. I can't do it > based on second hand information, however. It must come from the > copyright holder. Yes, that is at least one copy of it. > People are freaking out way too much and should stop. I want to make > it right, and have wanted to make it right from the outset, but > posting things in public isn't proper legal notice. Sam did not want to make it right with "I am too busy now". You mailed me saying you did not want to make it right unless I 'provided proof'; instead I got a lesson that I should have mailed core -- that it was a grievious error for letting your public forums know that Sam refused to fix it. Oh my lord! Thanks for that lesson. I won't forget it. From: Daniel Eischen To: Theo de Raadt Cc: "M. Warner Losh" , paul@iconoplex.co.uk, drhodus@machdep.com, freebsd-gnats-submit@freebsd.org, core@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 11:41:02 -0500 (EST) Theo, Can you please tell us what file(s) to which you are referring? Other than someone's guess at the file, I haven't seen it/them specifically mentioned. From: "M. Warner Losh" To: deraadt@cvs.openbsd.org Cc: paul@iconoplex.co.uk, drhodus@machdep.com, eischen@vigrid.com, freebsd-gnats-submit@freebsd.org Subject: Re: misc/61676: Theo's IPR-protected code in project needs removal Date: Wed, 21 Jan 2004 09:41:11 -0700 (MST) In message: <200401211640.i0LGexRL023952@cvs.openbsd.org> Theo de Raadt writes: : > Theo still hasn't confirmed that : > /usr/src/tools/tools/crypto/cryptotest.c : > is the file in question. All it takes is one email from him saying : > "this file is the one I contest" and I'll do the deed. I can't do it : > based on second hand information, however. It must come from the : > copyright holder. : : Yes, that is at least one copy of it. Cool. I'll go delete it. Warner >Unformatted: Theo de Raadt has claimed that code within the FreeBSD tree is not public release, is his IPR-protected property and has requested it be removed forthwith.