On 2007-05-08 07:49, Matthias Hopf wrote:
> On May 07, 07 10:27:18 -0600, Darryl Gregorash wrote:
>   
>>> No the shim links to gpled kernel at build time.
>>>       
>> And when I compile anything that opens a file, it has to link to the
>> GPLed system library at build time too. That does not preclude me from
>>     
>
> LGPL. That's *the* main difference from GPL. You're allowed to link
> proprietary software against LGPL, but not against GPL.
>   
If that is the actual intent of the GPL, then IMO it constitutes an
unfair trade practice. What do you make of Linus Torvalds's own addition
above the GPL (it's in the /usr/src/linux/COPYING file that you guys
distribute with the kernel):

   "NOTE! This copyright does *not* cover user programs that use kernel
 services by normal system calls - this is merely considered normal use
 of the kernel, and does *not* fall under the heading of "derived work"."

>> Do you mean that kernel source winds up compiled into the driver(s)
>> after compilation/linkage is complete? If that is the case, then you are
>>     
>
> No, the kernel source code winds up compiled into the kernel!
> The user space drivers for Xorg are no problem, as Xorg is BSD-style
> license.
>   
So no kernel code is actually compiled into the nVidia drivers, correct?
Those drivers merely refer to kernel values so they can be hooked into
it at run-time, correct? That seems to constitute "fair use" under
anyone's laws, and it certainly does under Torvalds's own published
exception, and any attempt to unduly limit fair use is an unfair trade
practice.
>   
>> So what? You have yet to demonstrate that the nVidia drivers are a
>> derivative work of the kernel.
>>     
>
> Some kernel developers say it's trivial to demonstrate that.
> Few say it's not.
> Some don't care.
On the basis of what I have seen so far, you would have an easier time
convincing me that the Eurofighter is a derivative of the Sopwith Camel
because they both have wings.

-- 
Moral indignation is jealousy with a halo. -- HG Wells

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