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Are you aware that this still has a race condition? You run a lot of tests in step 1, most of those tests involve system calls. Step 2 has two system calls. Each and every system call may cause a task switch to a malicious program that -- with a little bit of luck and good timing -- can change what you checked for in step 1, causing the following steps to fail rather unexpectedly. And each and every system call may cause a task switch to a second instance fighting for the PID file.
Daemons do not need PID files, and most daemons contain code that they don't really need, for backgrounding, logging, restarting, dropping privileges, and to prevent multiple instances. The daemontools reduce code complexity in daemons and they take care of backgrounding, logging, restarting, dropping privileges, and single instances. Even communication via signals works completely without PID files (with a patch, SIGUSR1 and SIGUSR2 can also be sent). Daemontools may look strange, and some of DJBs decisions (errno, location in filesystem, ...) may cause a little bit of confusion, but once you unterstand what happens, the daemontools are the most natural way to implement daemons on Unix and derivates.
Today I will gladly share my knowledge and experience, for there are no sweeter words than "I told you so". ;-)
In reply to Re^3: Proc::PID::File problem generating pid files, or: does it matter where a pid file lives?