Messages in this thread | ![/](/images/icornerl.gif) | | Date | Thu, 4 Dec 2003 04:48:37 +0000 | From | Jamie Lokier <> | Subject | Re: Linux GPL and binary module exception clause? |
| |
David Lang wrote: > becouse of this you could take the kernel and include any propriatary code > in it that you want and run it. You don't even need to use modules, just > paste in th code and compile (make sure you have a legal right to the code > you are pasting in though :-)
To elaborate on this: most patches which apply to the Linux kernel are clearly derived works of the kernel.[*]
You can write and apply such a patch , but if you distribute the patch it must be licensed under the GPL.
Thus while _you_ may take a Linux kernel and include any proprietary code you want in it, a vendor _may not_ send you a patch which applies to the Linux kernel if the patch is not licensed under the GPL or a compatible license. A vendor is not allowed to restrict your rights in this way.
[*] Exceptions would be patches which are very small (<10 lines is sometimes suggested, but it's not a hard boundary), and patches which simply add code which is clearly not derived form the kernel, as Linus described.
-- Jamie - 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/
| ![\](/images/icornerr.gif) |