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    SubjectRe: Linux GPL and binary module exception clause?
    On Thu Dec 04, 2003 at 03:50:55PM -0800, Paul Adams wrote:
    > Unless actual Linux code is incorporated in a binary
    > distribution
    > in some form, I don't see how you can claim
    > infringement of the
    > copyright on Linux code, at least in the U.S.

    A kernel module is useless without a Linux kernel in which it can
    be loaded. Once loaded, it becomes not merely an adjunct, but an
    integrat part of the Linux kernel. Further, it clearly
    "incorporate[s] a portion of the copyrighted work" since it
    can only operate within the context of the kernel by utilizing
    Linux kernel function calls.

    To abuse your earlier metaphor, a kernel module is not comparable
    to a programmatic musical composition inspired by a novel. It is
    better comparared with another novel with substantial similarity
    in the theme, plot, sequence, settings, mood, dialogue, and
    characters, with the same story being told, with trademarked
    phrases and taglines, and that makes no sense whatsoever unless
    you insert it's entire content over the top of page 450,
    paragraph 4 (of the Linux "novel"), and which thereby changes
    the ending of the original book...

    -Erik

    --
    Erik B. Andersen http://codepoet-consulting.com/
    --This message was written using 73% post-consumer electrons--
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