On Wed, 27 Sep 2017 09:00:27 +0200 Christian Stroetmann <stroetm...@ontolinux.com> wrote:
> On 27.09.2017 08:17, Alexandros Frantzis wrote: > > All that being said, I understand the reluctance to include a copy of > > the kernel userspace API header, since it's a grey area in terms of GPL. > > Google did a similar thing for bionic a few years ago, and although this > > move caused some concern, no definitive legal answer was given (bionic > > still uses a striped down version of the headers without issue today). > > It's unfortunate that the situation is not clearer. > > A definitive legal answer was given. The stripped down version of the > headers is covered by the fair use clause of the copyright because it is > arbitrary code respectively it is not sufficiently original and unique, > and not directly connected with the individual creative expression of > the authors of Linux. > Or said in other words, the stripped down version of the headers include > common code of operating systems and when you read the stripped down > version of the headers, then you are unable to confuse the origin of the > code and to decide if it was written by the Linux authors, Google, or > another entity. > Exactly for creating this legal situation the headers were stripped down > from such lines of code that would have revealed its origin respectively > show the connection with the authors of Linux. > > This trick does not work for every header or other parts of software. If > a header defines a very specific item, for example an array of 7 very > special items that is directly connected with the rest of an author's > code, work respectively individual expression, then even a header > consisting of some few lines is protected by the copyright. Hi Christian, this is all very good to know, thank you! Thanks, pq
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