On Thu, 14 Sep 2006 11:15:57 +0200, Siegbert Baude wrote:

>The purpose of the GPL is to get modified code back, which is the real
>interpretation of "derived work".

It doesn't have to be modified, simple use of GPLed code is enough. If
the glibc where under GPL instead of LGPL, *every* program linked
against it would have to be open sourced. But vendors don't even
follow the LGPL, or have you seen any vendor of a closed source
program/library offer the object files for relinking with a newer
version of glibc?

>Non-derived in a sensible manner means that the biggest part of the
>work was done without using anything of GPLed code, which for me is
>clearly the case for graphics card drivers.

You can't really tell without actually seeing the code! 

>Dispute my arguments from above please, but not with technical wishes
>based on support reasons or somebody's expressed opinions besides
>the license iteself, but from a legal point of view, because that is all
>Novell should care about.

Neither of us is a lawyer, ain't it so? So who of us can tell what is
and what isn't a violation of the license. There are IP lawyers that
say that the use of kernel interfaces indeed constituates a derived
work, at least under US law.

And as long as there are possibly viable legal claims that can't be
ignored easily, a US company like Novell will try to avoid the whole
matter as much as possible.

Philipp
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