Re: Linux in a binary world... a doomsday scenario



Greg KH <greg@xxxxxxxxx> writes:

> On Mon, Dec 05, 2005 at 03:56:06PM -0800, Tim Bird wrote:
> > DISCLAIMER: I'm not speaking for Sony here. Personally
> > I don't believe that most drivers are derivative works
> > of the operating systems they run with, and I don't
> > believe it helps Linux to assert that they are.
> > But, hey, it's not my kernel, and not my plan for
> > world domination. ;-)
>
> Why do people bring up the "derivative works" issue all the time. Are
> they so blind to the very simple "linking" issue that all kernel modules
> do when they are loaded into the kernel?

Most likely people bring up the "derivative works" issue because
that's what the GPL says it affects. The FSF contends that linking
creates a derivative work, but is curiously quiet when people ask for
statutory or case law to support that claim.

Besides, if the act of linking is what makes the derivative work,
there is no problem: The GPL allows a user to make any modifications
or combinations or derivatives whatsoever, and only imposes
requirements when the result is distributed. The linking of the two
works occurs only on the end user's machine.

Michael Poole
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@xxxxxxxxxxxxxxx
More majordomo info at http://vger.kernel.org/majordomo-info.html
Please read the FAQ at http://www.tux.org/lkml/



Relevant Pages

  • Re: Trolltech QT license question
    ... derivative work somehow, say through first sale or fair use. ... form aggregates, not derivatives. ... creation occurs in the process of ordinary use. ... independent right to restrict the distribution of derivative works; ...
    (comp.os.linux.development.apps)
  • RE: GPL vs non-GPL device drivers
    ... people considered creating a work derived from the kernel. ... creative process can create a work for copyright purposes. ... If you have two works, A and B, and neither is a derivative work of the ...
    (Linux-Kernel)
  • Re: Why is Fedora not a Free GNU/Linux distributions?
    ... loadable binary driver modules were not derivative works of the kernel - and I believe that the initial popularity of depended on that interpretation just as much as the wide use of glibc depends on it not claiming programs that use it as derivatives. ... If you truly believe in what you are saying, I would ask you to provide a direct quote. ... Does this direct quote from 1995 help your memory problem? ... Note that Linus is only one of the many copyright holders and other kernel developers intention matters too and they clearly don't agree with binary modules at all. ...
    (Fedora)
  • Re: Why is Fedora not a Free GNU/Linux distributions?
    ... of code that is restricted by the real GPL. ... involved in getting the cooperation that Alexandre refers to. ... Linus was once widely quoted as saying that loadable binary driver modules were not derivative works of the kernel - and I believe that the initial popularity of depended on that interpretation just as much as the wide use of glibc depends on it not claiming programs that use it as derivatives. ...
    (Fedora)
  • Re: Why is Fedora not a Free GNU/Linux distributions?
    ... loadable binary driver modules were not derivative works of the kernel - and I believe that the initial popularity of depended on that interpretation just as much as the wide use of glibc depends on it not claiming programs that use it as derivatives. ... moral viewpoint - is to just see module loading as "use" of the ... And if you read his statement there on why it is OK to have a non-GPL AFS module, you might perhaps understand why I am perplexed that it is not OK to have a non-GPL zfs module. ...
    (Fedora)