On Wed, 2007-02-28 at 08:00 -0800, Jon Wahlmann wrote:
> > Unfortunately this will never perform as well as a kernelspace fs so it 
> > is unlikely to be picked up by anyone for serious use. But as ZFS is 
> > under the CDDL which is (perhaps intentionally) incompatible with the 
> > GPL it seems that a native port is unlikely.
> 
> This has me wondering again.  There's always been a gray area related
> to using modules with different licenses than the Linux kernel.  I
> imagine at some point some "third party" will produce a kernel module
> only version of ZFS for Linux.  Obviously, it won't be available for
> inclusion in the kernel itself but they may produce something that
> stays in sync with the latest kernel releases.  Heck, I'd be inclined
> to try it myself, if I had the time an energy.
> 

The only gray area I've seen are those raised by hard-core "everything
should be free no matter what" OSS advocates or those that only
understand software and can't begin to wrap their heads around legal
documents (Note: I don't fault such folks for not getting it [the legal
mumbo-jumbo] - but I do fault them for not finding out from someone who
does what the issues are before spewing FUD, etc as matter of fact.).

>From my understanding, there is absolutely nothing wrong or infringing
when using a proprietary module with the Linux kernel *UNLESS*:

1. You statically link the proprietary or license incompatible module
with the Linux kernel and then release the resulting binary/source to
the public. (violation of both GPL and module licenses)

2. The module requires changes to the Linux kernel code and those
changes are not released into the public domain, but instead require an
alternative license other than the GPL to have or use. (violation of
Linux GPL license)

If there were, then the Linux kernel would be useless with much of the
software in the world. You would not legally be able to run any
proprietary software at all on a Linux system because you'd be in
violation of one or multiple licenses.

I've always held that the messages (e.g. - when using a NVIDIA video
driver) about running a tainted kernel were nonsense. Tainted how?
Nothing modified the GPL'd kernel code. Nothing in the NVIDIA license
says I can't use the NVIDIA module with Linux (Umm, it was *made* for
use with Linux.) I'm not releasing a statically linked version of Linux
and NVIDIA code. It's all FUD.

That's my opinion anyway, from reading the GPL and a fair amount of law
mumbo-jumbo.

PGA
-- 
Paul G. Allen BSIT/SE
Owner/Sr. Engineer
Random Logic Consulting
www.randomlogic.com


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