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From: Paul Robinson <paul@iconoplex.co.uk>
Reply-To: Paul Robinson <paul@iconoplex.co.uk>
To: FreeBSD-gnats-submit@freebsd.org
Cc: Theo de Raadt <deraadt@cvs.openbsd.org>
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 <deraadt@cvs.openbsd.org>
  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

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From: Sam Leffler <sam@errno.com>
Organization: Errno Consulting
To: Theo de Raadt <deraadt@cvs.openbsd.org>
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>
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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" <delphij@frontfree.net>
To: "'Paul Robinson'" <paul@iconoplex.co.uk>,
	<FreeBSD-gnats-submit@FreeBSD.org>
Cc: "'Theo de Raadt'" <deraadt@cvs.openbsd.org>
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 <paul@iconoplex.co.uk>
To: freebsd-gnats-submit@FreeBSD.org,
	Theo de Raadt <deraadt@cvs.openbsd.org>
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 <s@msmith.net>, 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 <deraadt@cvs.openbsd.org>
To: Paul Robinson <paul@iconoplex.co.uk>
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" <imp@bsdimp.com>
 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 <deraadt@cvs.openbsd.org> 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" <imp@bsdimp.com>
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 <deraadt@cvs.openbsd.org> 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 <paul@iconoplex.co.uk>
To: Theo de Raadt <deraadt@cvs.openbsd.org>
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" <imp@bsdimp.com>
 > 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 <deraadt@cvs.openbsd.org> 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" <imp@bsdimp.com>
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 <deraadt@cvs.openbsd.org>
To: "M. Warner Losh" <imp@bsdimp.com>
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 <deraadt@cvs.openbsd.org> 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 <deraadt@cvs.openbsd.org>
 Subject: Re: Sam Leffler: Re: hey 
 BCC:
 
 ------- Blind-Carbon-Copy
 
 To: "M. Warner Losh" <imp@bsdimp.com>
 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 <deraadt@cvs.openbsd.org>
 
 > In message: <200401210323.i0L3NfRK021046@cvs.openbsd.org>
 >             Theo de Raadt <deraadt@cvs.openbsd.org> 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" <imp@bsdimp.com>
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 <deraadt@cvs.openbsd.org>
To: "M. Warner Losh" <imp@bsdimp.com>
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 <eischen@vigrid.com>
To: Theo de Raadt <deraadt@cvs.openbsd.org>
Cc: "M. Warner Losh" <imp@bsdimp.com>, 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" <imp@bsdimp.com>
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 <deraadt@cvs.openbsd.org> 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.
 
