Re: freed_symbols [Re: People, not GPL [was: Re: Driver Model]]

From: Nick Piggin
Date: Mon Sep 15 2003 - 01:15:59 EST




Erik Andersen wrote:

On Mon Sep 15, 2003 at 12:17:37AM +0000, Henning P. Schmiedehausen wrote:

Erik Andersen <andersen@xxxxxxxxxxxx> writes:


When you are done making noise, please explain how a closed
source binary only product that runs within the context of the
Linux kernel is not a derivitive work and therefore not subject
to the terms of the GPL, per the definition given in the kernel
COPYING file that grants you your limited rights for copying,
distribution and modification.

"Because Linus said so".


It does not say "Because Linus said so" in the Linux kernel
COPYING file, which is the only official document that grants
legal permission to copy, distribute and/or modify the kernel.


How about taking the "GPL exported" symbols just as notes which show
their usage is not considered a derivative work by the copyright holders? This is what I always thought it was there for. This of course
means someone can't simply add that "note" and expect it to change the
way the copyright holders think of their work.

I don't expect this would do much in court, but isn't that for binary
driver people to worry about because it is granting more rights than
the GPL allows. Maybe it could be written in legalease to give them
more confidence. And it lets open source developers know where they
stand.


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