Re: Is Sony violating Linux GPL?

From: Alan Cox
Date: Mon Jan 09 2006 - 09:15:36 EST


On Llu, 2006-01-09 at 08:57 -0500, Ben Collins wrote:
> > of device could be developed independently enough of the kernel to not
> > be considered a derived work, so is Sony violating the Linux license?
>
> They are correct. The deal with modules is they don't have to GPL them.

There is no such "deal". Whether Sony is violating the license is a
matter of interpretation of the boundary lines that in law define a
"derived work". Nothing else.

Many of the Linux kernel copyright holders (including the FSF) are of
opinions that some or indeed all kernel modules are derivative works.
There is currently no directly relevant legal test case to assertain
this reliably.

At the moment the bigger concern however is not legal corner cases but
the huge number of vendors directly violating the GPL.

Alan
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