Linux GPL and binary module exception clause?

From: Kendall Bennett (KendallB_at_scitechsoft.com)
Date: 12/03/03

  • Next message: bill davidsen: "Re: aacraid and large memory problem (2.6.0-test11)" 
    To: linux-kernel@vger.kernel.org
Date:	Wed, 03 Dec 2003 13:31:54 -0800

    Hi All,

    I have heard many people reference the fact that the although the Linux
    Kernel is under the GNU GPL license, that the code is licensed with an
    exception clause that says binary loadable modules do not have to be
    under the GPL. Obviously today there are vendors delivering binary
    modules (not supported by the kernel maintainers of course), so clearly
    people believe this to be true. However I was curious about the wording
    of this exception clause so I went looking for it, but I cannot seem to
    find it. I downloaded the 2.6-test1 kernel source code and looked at the
    COPYING file, but found nothing relating to this (just the note at the
    top from Linus saying user programs are not covered by the GPL). I also
    looked in the README file and nothing was mentioned there either, at
    least from what I could see from a quick read.

    So does this exception clause exist or not? If not, how can the binary
    modules be valid for use under Linux if the source is not made available
    under the terms of the GNU GPL?

    Lastly I noticed that the few source code modules I looked at to see if
    the exception clause was mentioned there, did not contain the usual GNU
    GPL preable section at the top of each file. IMHO all files need to have
    such a notice attached, or they are not under the GNU GPL (just being in
    a ZIP/tar achive with a COPYING file does not place a file under the GNU
    GPL). Given all the current legal stuff going on with SCO, I figured
    every file would have such a header. In fact some of the files I looked
    at didn't even contain a basic copyright notice!!

    Regards, 

    ---
Kendall Bennett
Chief Executive Officer
SciTech Software, Inc.
Phone: (530) 894 8400
http://www.scitechsoft.com
~ SciTech SNAP - The future of device driver technology! ~
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@vger.kernel.org
More majordomo info at  http://vger.kernel.org/majordomo-info.html
Please read the FAQ at  http://www.tux.org/lkml/
  • Next message: bill davidsen: "Re: aacraid and large memory problem (2.6.0-test11)"

    Relevant Pages

    • Re: Linux GPL and binary module exception clause?
      ... |> under the GPL. ... |> modules (not supported by the kernel maintainers of course), ... |> of this exception clause so I went looking for it, ... performance video over binary module hardware, ...
      (Linux-Kernel)
    • Re: Linux GPL and binary module exception clause?
      ... > under the GPL. ... > modules (not supported by the kernel maintainers of course), ... > under the terms of the GNU GPL? ... needs to put a copyright notice anywhere in text. ...
      (Linux-Kernel)
    • Re: license question?
      ... > I have read GNU GPL, Common public licence and gnu lesser license. ... The only people for me are the mad ones -- the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow Roman candles. ...
      (comp.lang.java.programmer)
    • Re: license question?
      ... > I have read GNU GPL, Common public licence and gnu lesser license. ... The only people for me are the mad ones -- the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones who never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow Roman candles. ...
      (comp.os.linux.misc)
    • Re: license question?
      ... :>is(GNU GPL, Common public licence and gnu lesser license) into my ...
      (comp.lang.java.programmer)