On Mar 28, 2005, at 19:21, Steven Rostedt wrote:
So you are saying that a stand alone section of code, that needs
wrappers to work with Linux is a derived work of Linux? If there's
some functionality, that you make, and it just happens to need
some kind of operating system to work. Does that make it a derived
work of any operating system?

It depends on how special and different the wrappers for Linux are from the wrappers for other operating systems. Like, for example, the sysfs stuff is so radically different from the APIs that other operating systems provide that anything using it is most likely copied from other in-kernel sysfs code, and is therefore derived from the Linux kernel.

OK, I took your advise and found this from googling:

http://www.pbwt.com/Attorney/files/ravicher_1.pdf

Mmm, good reference, thanks!

Unless you misunderstood me, and thought that I was talking
about taking some part of Linux and making it work under another
OS, I still stand by my statement.

I think it really depends on the APIs implemented. Anything based on the sysfs code, even if only using the APIs, will probably be found to be a derivative work (NOTE: IANAL) because the sysfs API is so very different from everything else. Other interfaces like PCI management, memory management, etc, may not be so protectable, because they are standard across many systems. If Linux got a new and unique memory hotplug API, however, that might be a very different story. Similar things could be said about integration between drivers and the new Unified Driver Model, which appears to be quite original.

Cheers,
Kyle Moffett

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