Arnoud Engelfriet wrote:
Interesting point. But the statement would apply certainly to Linus' own contributions. And that would preclude distribution of anything containing those contributions under anything but GPLv2 I think. But if you can take out his code (and any other that's GPLv2 only), you'd be free to apply GPLv3 if and when it comes out.
Arnoud
Sorry, but no, no, no.
Everything that is not completely independent and extractable and beyond any doubt non-historically-derived of Linus code is a derivative work and, as such, can only be distributed under the terms of the GPLv2.
To prove something not derivative, you would have to show that historically, it was made for other kernel, and that there is no tranformation of the linux kernel that resulted in that something. There *is* at least one example in the tree: the ppp code is derivative from one of the BSDs.
So, you could take ppp and distribute under the BSD but not a lot else.
HTH, Massa
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