[Sprint Samsung Galaxy S6] tdhite:
Closure . . .

So what did this group learn (I already knew having been around GPL licenses for years) from some recent posts regarding the port of this kernel?

I find it relevant to provide the answers for the future of others who end up in a similar conversation where unwarranted claims are made against you.

To be sure, this isn't to re-raise issues and request replies or another conversation -- rather this is some time I decided to take for hobbyists in development so they fully understand what the GPL actually does to them.

Authors of software really need know what they are getting into and why they should not be ignorant of GPL and what it does to them, including what it does to XDA rules overrides. That makes for all sorts of messes over time and with a little knowledge, they are in better position all around.

Contrary to any assertion that Open Source software done as a "just a hobby, [] doesn't mean 'free'" – GPL code actually does make it "free" by the terms of the license.

Once you license out your software under GPL, that software is in fact, more or less a free-for-all scenario, contrary to the belief of many software hobbyists. That is pursuant to the GNU GENERAL PUBLIC LICENSE Version 2, June 1991:

"When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things."

That says when you place your code under GPL and convey it (distribute to others), you specifically grant the right to those others to do as they please with it (it is not quite that simple, as there are obviously copyright carrying rules, etc., but it is indeed ‘free for all’ to do as they please with it by the terms of the GPL itself).

The copying rules are very broad, pursuant to the same license, already documented in my post earlier – see http://xdaforums.com/showpost.php?p=66718458&postcount=97

XDA Rule 12 (which requires permission seeking) is waived by the GPL.

The particular portion of that rule that so states is ". . . These rules apply to all software posted on XDA (including but not limited to ROMs, RUUs, apps, games, kernels, themes, icons, etc) unless that software comes with a license that waives these rules."

How is it that the GPL waives that? Because Section 6 of the GPL states:

"Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions.

You may not impose any further restrictions on the recipients' exercise of the rights granted herein.

You are not responsible for enforcing compliance by third parties to this License.”

What that means is hobbyists think the XDA covers them regardless of what else they might do. However, once they apply a GPL license to their code it becomes GPL rules, not XDA policy, and XDA correctly acquiesces to that with the waiver statement.

The next question is why on earth is that the case? It would take too long to explain in this post, but you should ask a Wills and Trusts lawyer about what happens property rights on death of a rights owner. It’s all in there for the interested. License rights (i.e., intellectual property rights) are ‘property’ as far as that is all concerned.

Finally – for the hobbyist, you really do need to attach copyrights headers to your file, contrary to the belief that you don’t have to “clutter” your files. Again, back to the GPL license text:

". . . attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

one line to give the program's name and an idea of what it does. Copyright (C) yyyy name of author This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License . . . ."

Why is that? Because of the rest above – GPL strips the need to request use of your software, so you need to protect your files.

In this case, I am personally adding copyrights to the files received (conveyed by the original author) to get him covered later. That is a huge favor for which I’ll probably never receive thanks, but no matter – given I am well aware of GPL rights and rules I find it in the best interests of the community to help out the hobbyist here. The XDA nor GPL is here to harm hobbyists, but they are also not here to protect beyond their means, rather the community should help (so I do just that).

So for the hobbyists – don’t start by attacking folks with guns-ablazin’ because quite likely, you are not actually in a position to do so, much less a position to grant leniency or anything of the sort (the GPL already did all that once code gets licensed and conveyed as so licensed).

In this case, we got the right info out so the hobbyist is covered, though it took too many wrongfully negative posts, IMHO. Nonetheless, we’ll make good progress together now that things are cleared up.

To be sure, I am not legal counsel to anyone here. If you are concerned about the above, I suggest you get the views of your own counsel. It is important to know where you stand on things so you don't end up incorrectly accusing others (someone someday might well raise a defamation suit, which isn't good, that's for sure, yikes!).

Regardless, for the next guy who reads through this thread one day, and is concerned that someone is using his code, you should know that someone probably is, and if placed your code under GPL, they don’t have to come running to ask. Should they? Sure, that’s good neighbor stuff and we tried, we'll try some more next time. Do they have to? No, they never do once GPL is at play, so beware what you are doing when you license your code out!

On to updates! Hang with it all folks – there’s good updates coming, some my own, some from the original author, and I’ll answer some of the questions raised in recent posts soon enough.