Messages in this thread | ![/](/images/icornerl.gif) | | Date | Sat, 4 Oct 2003 18:05:21 -0700 | From | Larry McVoy <> | Subject | Re: freed_symbols [Re: People, not GPL [was: Re: Driver Model]] |
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On Sat, Oct 04, 2003 at 07:52:09PM -0500, Rob Landley wrote: > On Monday 15 September 2003 00:57, Erik Andersen wrote: > > On Mon Sep 15, 2003 at 12:17:37AM +0000, Henning P. Schmiedehausen wrote: > > > Erik Andersen <andersen@codepoet.org> 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. > > Linus clearly and publicly stated his position on binary only kernel modules > almost exactly one year ago:
Yeah, but Linus stating his position about a license doesn't mean diddly. The kernel is licensed under a license, that license is a contract that people enter into. To the extent that it is enforceable, that license determines what happens, Linus can't retroactively decide to interpret the license a different way. The license can't enforce things which the law doesn't allow. In particular, the law understands a concept of a boundary. And Linus' comments notwithstanding, modules are a pretty clear boundary. Even the GPL acks this, it knows that anything which is clearly separable is not covered. -- --- Larry McVoy lm at bitmover.com http://www.bitmover.com/lm - 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/
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