Re: GPL Violation?

From: David Greaves
Date: Sat Aug 19 2006 - 06:45:42 EST

David Schwartz wrote:
>> Ar Gwe, 2006-08-18 am 02:51 -0700, ysgrifennodd David Schwartz:
>> EXPORT_SYMBOL_GPL is clearly a rights management systems. Thats one of
>> its little charms.
> No, it is not. If it was, it would violate the GPL. The GPL prohibits any
> restrictions not contained in the GPL, and the GPL doesn't say anything
> about EXPORT_SYMBOL_GPL. To the contrary, the GPL prohibits restrictions on
> use. So EXPORT_SYMBOL_GPL violates the GPL if you are not free to circumvent
> or remove it.
> We had this same discussion a few years ago, and my recollection was that
> you agreed that EXPORT_SYMBOL_GPL could not be a license enforcement scheme.
> Which term of the GPL do you think it enforces exactly?

I thought the EXPORT_SYMBOL_GPL had a role in rights _management_ insofar as it
would shows that anyone circumventing it took a conscious act to do so. This may
or may not be valuable in subsequent, possibly legal, discussions.

It's not a rights _enforcement_ scheme on it's own (presumably enforcement
would ultimately involve men with big sticks - aka the legal system). It simply
helps manage (GPL) rights.

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