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 From : Sergey Lentsov                       2:4615/71.10   15 Feb 2001  18:24:10
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 Subject : URL: http://lwn.net/2001/0215
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 Leading items and editorials
 
    The RTLinux patent is back in the news. LWN first covered this patent
    in the [44]February 10, 2000 issue, and revisited it in the context of
    the rivalry between RTLinux and RTAI in the [45]September 14, 2000
    weekly edition. Since then, Victor Yodaiken (the patent holder) has
    issued a new license for the use of the patent; not everybody is happy
    about the terms found therein. [46][RTLinux] Our coverage will come in
    two parts; this article looks at the patent and the associated
    license; the following one will look at the implications of the new
    license.
    
    [47]The patent itself is relatively simple as these things go. It
    covers the particular method used by RTLinux to achieve real time
    performance. Two techniques are called out as the core of what RTLinux
    does:
      * Running a general-purpose operating system (i.e. Linux) as a
        low-priority process under a real-time system. The general purpose
        system is not allowed to block the real-time system from executing
        whenever it needs to.
      * Placing an emulation layer between hardware interrupts and the
        general-purpose system. Linux thinks it is working with interrupts
        as always, but RTLinux is pulling the strings behind the scenes.
        
    The patent contains a bunch of other stuff, of course, but these
    techniques are at the heart of it.
    
    As things stand now, if you have a real-time system that uses the
    above techniques, you are subject to Mr. Yodaiken's patent - at least,
    in the United States. So the [48]patent license may just be of
    interest.
    
    The license allows for royalty-free use of the patented technology in
    two situations. They are:
      * If the software involved is licensed under the GPL.
      * If the software is running with the "Open RTLinux Execution
        Environment" as distributed by FSMLabs - Mr. Yodaiken's company.
        Note that this exemption applies only to an unmodified version of
        RTLinux. Even though RTLinux is licensed under the GPL, making
        modifications to it forfeits the right to royalty-free use of the
        patent if your software is proprietary.
        
    Anybody who uses the RTLinux technology is required to send a message
    to FSMLabs giving their contact information and indicating agreement
    with the terms of the license. Anybody who makes commercial use of the
    patented technology, or makes a commercial distribution of software
    that uses that technology is required to keep "complete and accurate
    records" and to make them available to FSMLabs on demand. Any use of
    the technology must also include labeling that says "Used, under
    license, U.S. Patent No. 5, 995,745," and must include a copy of the
    license itself. Failure to comply with any of the above can result in
    the termination of the ability to use the technology.
    
    For more information on the patent and licensing terms, see [49]this
    article on LinuxDevices.com by Jerry Epplin.
    
    What are the implications of the RTLinux patent and its license? There
    are a few aspects of this issue that are worth looking at.
    
    What is Victor Yodaiken attempting to do with this patent? Mr.
    Yodaiken was kind enough to talk with us while waiting for a dentist
    appointment (some things are even less appealing than talking to the
    press). His position is that he has made an innovation that he has a
    right to exploit. Nonetheless, he wishes to make it freely available
    to anybody who is working with code licensed under the GPL. He sees
    this as a fulfillment of his obligation to the free software
    community.
    
    Those who want to use the RTLinux method and do not want to license
    their code under the GPL are, according to Mr. Yodaiken, doing
    proprietary work. Such people should be both willing and able to pay
    for the previous proprietary work (such at the RTLinux patent) that
    they make use of. He sees people who wish to use RTLinux in
    proprietary products without paying as would-be free riders, and sees
    no justification for any complaints that they might make.
    
    The only reasons to be upset about the RTLinux patent, he says, are
    (1) you are absolutely opposed to software patents in general, or
    (2) you want to do proprietary work without paying. Mr. Yodaiken
    expresses respect for those who are opposed to software patents (while
    disagreeing with them), but has little patience for those who wish to
    make money off other peoples' work.
    
    A concise statement of his position may be found in [50]this posting
    to the realtime list:
    
      In summary: my opinion is that I owe the GPL community a license to
      use the RTLinux method for GPL code. And I owe RTLinux users a
      license to use RTLinux. I don't see any reason why I must otherwise
      subsidize other people's proprietary software projects.
      
    Next question: what does this patent mean for RTAI? [51]RTAI is a
    competing real-time Linux project headed up by Paolo Mantegazza in
    Milan, Italy. It differs from RTLinux in numerous ways, but uses the
    same fundamental technique as RTLinux. It is, thus, arguably subject
    to the RTLinux patent.
    
    RTAI could offer no end of difficulties with regard to this patent. It
    is licensed under the LGPL, not the GPL. There are companies that have
    an interest in making proprietary products with RTAI; Lineo, for
    example, is an RTAI supporter. RTAI does not acknowledge the RTLinux
    patent, and it is unlikely that many RTAI users have sent in their
    acceptance messages.
    
    Relations between RTLinux and RTAI, and especially between Mr.
    Yodaiken and Mr. Mantegazza, have always been rather tense. Each side
    claims the better technology, while simultaneously complaining that
    ideas and code have been stolen by the other. Some RTAI users have
    feared for some time that the real purpose of the RTLinux patent was
    to shut down the competition.
    
    Certainly the RTAI camp does not intend to change much in recognition
    of this patent. LWN had a conversation with Mr. Mantegazza, and he was
    quite clear on what he thought: "Mr. Yodaiken has only been allowed to
    patent air, but air has been around forever with nobody thinking to
    patent it."
    
    When asked if RTAI users should register with FSMLabs and indicate
    their acceptance of the patent license, he responded:
    
      Not in your dreams, they should act as if there were nothing
      there.... RTAI will continue as if the patent did not exist.
      Remember that the patent is valid only in the USA, and the USA is
      not the world. Plus...the patent could also vanish like a soap
      bubble at the first legal test.
      
    From Italy, that is an easy position to take. Companies in the U.S.,
    however, may need to be more careful. We asked Lineo how it plans to
    handle this issue. The company is not talking much about it, but we
    did hear from Ryan Tibbits, Lineo's general counsel: "Lineo questions
    the validity of the patent, especially in the spirit of the open
    source community."
    
    Mr. Yodaiken has long avoided committing himself on exactly what the
    status of RTAI is. Talking with LWN, he stated that he welcomes
    competing projects that take his GPL code and explore new paths, and
    that those using RTAI with GPL code need not worry about their right
    to do so. With regard to whether RTAI users need to accept the patent
    license and register, he responded:
    
      As of the current moment, individual users need to determine
      whether they are using the RTLinux process and whether they need to
      register. Questions can be sent to licensequestions@fsmlabs.com
      
    Not the clearest of answers. But Mr. Yodaiken has stated that he has
    no wish to cause trouble for RTAI, and hopes to come to an "amicable
    settlement."
    
    Finally: what does this whole situation imply for the free software
    industry? As free software companies cast around looking for reliable
    ways to make money, it would not be surprising to see more of them
    turning to the sorts of intellectual property protection that this
    community has traditionally disliked. The free software industry, thus
    far, has been refreshingly different from the intellectual property
    driven proprietary world, and it will be discouraging if proprietary
    techniques and code make a comeback. That is not the "revolution" we
    were hoping to see.
    
    This episode could also have an immediate effect on the adoption of
    free software: companies looking at real-time platforms may decide
    that the situation looks too messy and pass over Linux altogether.
    There are several well established, proprietary real-time solutions
    available; if RTAI is under a patent cloud and RTLinux is, itself,
    proprietary, why not look at the whole range of options? It is not
    inconceivable that this patent could relegate Linux to a very small
    role in the hard real-time sector.
    
    LWN has long held that software patents are damaging and best done
    without. It remains to be seen if this particular patent turns out to
    be a problem or not; its owner does appear to be sincere in his desire
    not to cause problems for (pure) GPL applications. But the mixture of
    software patents and free software can only lead to software that is
    less free; this is not an example that we would like to see repeated.
    
    Interview: David Sifry. [52][David] While at LinuxWorld, LWN editor
    Michael J. Hammel [53]interviewed David Sifry, CTO and co-founder of
    Linuxcare. The discussion wandered over a large range of topics,
    including the troubles Linuxcare has experienced over the last year,
    the company's plans for the future and the merger with Turbolinux, the
    Linux Standard Base, and more.
    
    Feature: a look at djbdns. [54]Last week's LWN weekly edition makes
    the point that the net needs free alternatives to BIND. A number of
    users of the [55]djbdns DNS server complained (politely) that our
    overview did not do justice to that package, which they see as a
    viable alternative to BIND. It turns out they were right.
    
    In an effort to set things straight, we put together [56]a detailed
    look at djbdns as a separate feature article. Therein we examine the
    design of djbdns and conclude that it may well be ready to challenge
    BIND, though some other factors may limit its adoption.
    
    Inside this week's Linux Weekly News:
      * [57]Security: SSH trademark issue surfaces, XFree86 fixes show up,
        finally, and more SSH security problems are aired.
      * [58]Kernel: Zero-copy networking meets the powder rule; user-mode
        Linux.
      * [59]Distributions: ODS Linux and NBROK Linux.
      * [60]Development: ZRadiale, GNOME 2.0 plan, KDE 2.1 schedule,
        Apache-Tcl.
      * [61]Commerce: 'Business Ethics' in the Open Source Community?,
        Conflict emerges among Free Software Companies.
      * [62]History: Three years since "Fired for choosing Linux?";
        complaints about "open source."
      * [63]Letters: Ssh trademark; we get taken to task for
        underestimating djbdns.
        
    ...plus the usual array of reports, updates, and announcements.
    
    This Week's LWN was brought to you by:
      * [64]Jonathan Corbet, Executive Editor
      * [65]Elizabeth O. Coolbaugh, Managing Editor
      * [66]Michael J. Hammel, Senior Editor
        
    February 15, 2001
    
                               [67]Click Here 
    
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                                                        [69]Next: Security
    
    [70]Eklektix, Inc. Linux powered! Copyright Л 2001 [71]Eklektix, Inc.,
    all rights reserved
    Linux (R) is a registered trademark of Linus Torvalds
 
 References
 
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    3. http://lwn.net/2001/0215/security.php3
    4. http://lwn.net/2001/0215/kernel.php3
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   41. http://lwn.net/2000/features/FSLCluster/
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   46. http://www.rtlinux.com/
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   48. http://lwn.net/2001/0215/a/rtlinux-patent-license.php3
   49. http://www.linuxdevices.com/articles/AT2094189920.html
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   51. http://www.aero.polimi.it/projects/rtai
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   63. http://lwn.net/2001/0215/letters.php3
   64. mailto:lwn@lwn.net
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   66. mailto:lwn@lwn.net
   67. http://ads.tucows.com/click.ng/buttonpos=lwnbutton125top
   68. http://ads.tucows.com/click.ng/buttonpos=125-001-016
   69. http://lwn.net/2001/0215/security.php3
   70. http://www.eklektix.com/
   71. http://www.eklektix.com/
 
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