Open Source Blog

The conversation began with a response by Torvalds to a question on the LKML about dual-licensing the Linux kernel under GPLv2 and v3. Having clarified his position on the GPLv3:

“I was impressed in the sense that it was a hell of a lot better than the disaster that were the earlier drafts. I still think GPLv2 is simply the better license.”

Torvalds then suggested that if Sun were to release Solaris under the GPLv3 – as it has discussed it might – he would be more inclined to do the same with the Linux kernel.

“Btw, if Sun really _is_ going to release OpenSolaris under GPLv3, that _may_ be a good reason. I don't think the GPLv3 is as good a license as v2, but on the other hand, I'm pragmatic, and if we can avoid having two kernels with two different licenses and the friction that causes, I at least see the _reason_ for GPLv3. As it is, I don't really see a reason at all.”

The LKML conversation continued with regards to Sun’s strategy and the likelihood that releasing Solaris under the GPL would enable it to make use of the many Linux drivers.

A (admittedly) cynical response from Torvalds then cast doubt on Sun’s strategy and specifically the likelihood of its licensing some of the key features of Solaris in such a way that Linux developers would be able to make use of it.

“So they want to use Linux resources (_especially_ drivers), but they do *not* want to give anything back (especially ZFS, which seems to be one of their very very few bright spots),” he wrote. “Ergo: they'll not be releasing ZFS and the other things that people are drooling about in a way that lets Linux use them on an equal footing. I can pretty much guarantee that.”

“So to Sun, a GPLv3-only release would actually let them look good, and still keep Linux from taking their interesting parts, and would allow them to take at least parts of Linux without giving anything back (ahh, the joys of license fragmentation),” he added.

“Of course, they know that. And yes, maybe ZFS is worthwhile enough that I'm willing to go to the effort of trying to relicense the kernel. But quite frankly, I can almost guarantee that Sun won't release ZFS under the GPLv3 even if they release other parts. Because if they did, they'd lose the patent protection.”

That post prompted a response from Jonathan Schwartz in which he denied Sun is after Linux’s drivers and offered an olive branch towards the ultimate mash up.

“From where I sit, we should put the swords down - you're not the enemy for us, we're not the enemy for you,” he wrote. “By joining our communities, we can bring transparency and opportunity to the whole planet. Are we after your drivers? No more than you're after ZHS or Crossbow or dtrace - it's not predation, it's prudence. Let's stop wasting time recreating wheels we both need to roll forward.”

“We want to work together, we want to join hands and communities - we have no intention of holding anything back, or pulling patent nonsense,” he insisted. “And to prove the sincerity of the offer, I invite you to my house for dinner. I'll cook, you bring the wine.”

But is it an offer Torvalds can’t refuse?