Just to stress... Alexander Terekhov wrote: [...] > http://lwn.net/Articles/147070/ > > LWN: A while back, you said something about getting an answer from > Linus on the Linux kernel license. Since there is a COPYING file > that makes it clear that the kernel is governed under the GPL, > where's the uncertainty? > > Eben: If the kernel is pure GPL, then I think we would all agree > that non-GPL, non-free loadable kernel modules represent GPL > violations.
----- LWN: So, if the kernel is covered solely by the GPL, you would see proprietary modules as an infringement? Eben: Yes. I think we would all accept that. I think that the degree of interpenetration between kernel modules and the remainder of the kernel is very great, I think it's clear that a kernel with some modules loaded is a "a work" and because any module that is dynamically loaded could be statically linked into the kernel, and because I'm sure that the mere method of linkage is not what determines what violates the GPL, I think it would be very clear analytically that non-GPL loadable kernel modules would violate the license if it's pure GPL. ----- And (from another Moglen's piece regarding GNU legal system) ----- After many years of securing compliance with copyright law as it applies to GPL'd work, and in view of recent court decisions in Germany, to say nothing of SCO, I think there should be no remaining doubt in any well-informed mind about the legal soundness of GPL. ----- Recent court decisions in Germany? http://www.oii.ox.ac.uk/resources/feedback/OIIFB_GPL3_20040903.pdf Note that that Visiting Fellow at the Oxford Internet Institute is no stranger. http://de.wikipedia.org/wiki/Thomas_Hoeren http://arbiter.wipo.int/domains/panel/profiles/hoeren.pdf MEMBERSHIP IN PROFESSIONAL BODIES Member/Vice President, German Association for Law and Informatics (DGRI); Member, Society for Computers and Law, U.K.; Member, German-Japanese Law Association, Hamburg and Tokyo; Co-editor "Computer und Recht", Computer and Law, Cologne; Member, Institute for European Media law, Saarbrücken; Member, Editorial Board, Law, Computers and Artificial Intelligence, BNA's Electronic Information Policy and Law Report and EDI Law Review; Legal Advisor, European Commission/DG XIII, Legal Advisory Board on Information Technology; Co-editor, Multimedia und Recht, Munich; Member, Task Force Group on Intellectual Property Rights of the European Commission; Legal expert in several research projects commissioned by the European Commission/DG III (COPEARMS), DG XIII (MULTISOLUTION, EDIBOL, EDIPAY) and the DG XV; Member, Legal Advisory Board, DENIC, Frankfurt. AREAS OF SPECIALIZATION Intellectual Property law; Internet Regulation; Information Law; Unfair Competition Law; International Business Law. EXPERIENCE IN INTELLECTUAL PROPERTY Judge at the Court of Appeal in Düsseldorf within the Trademark & Copyright Senate; Professor in Intellectual Property Law at the University of Muenster; Member, Task Force Group on Intellectual Property Law, European Commission/DG XIII. Now the most charming part of that Moglen's piece regarding GNU legal system: ----- As to the definition of "derivative work," the uncertainty is experienced by those who would like to make proprietary uses of GPL'd code, and are unsure whether a particular way of making a proprietary enhancement to a free work will certainly or only arguably infringe the free developer's copyright. The correct answer, of course, is that those who want to take advantage of the enormous quantity of freely distributable "best of breed" software now available should do so in a fashion that respects the principle of freedom in which it was created. All doubt can be eliminated, for Mr. Michaelson and all other seekers after wisdom, if they remember what they learned in kindergarten: share and share alike. IBM, HP, Novell, and other very large and very profit-minded businesses have no problem with this, nor should Mr. Michaelson's readers. ----- Well, "HP, Novell, and other very large and very profit-minded" aside for a moment, http://www-128.ibm.com/developerworks/linux/linux390/october2005_recommended.html#RETocos20051014 (OCO modules for the "October 2005 stream") It doesn't seem to match with Moglen's alternative reality. regards, alexander. _______________________________________________ Gnu-misc-discuss mailing list Gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss