Gents, how come this thread - without any relation to zfs at all - is
discussed on this list? Do move this irrelevant thread to another
fora.

My intentions subscribing to this list was *not* to read about
lay-man's perception of this nor that license!

regards
Claus


On 4/18/07, Shawn Walker <[EMAIL PROTECTED]> wrote:
On 18/04/07, Erik Trimble <[EMAIL PROTECTED]> wrote:
> [EMAIL PROTECTED] wrote:
> > And why would it need to be? As long as you don't distribute it as
> > part of the Linux kernel or with a Linux kernel, you should be
> > perfectly fine.
> >
> > (It is the end user who gets to assemble the bits; he cannot distribute
> > the results any further but an enduser is not bound by any of the
> > GPL terms which specifically restrict the way in you can copy or
> > redistribute)
> >
> > Casper
> > _______________________________________________
> >
> It doesn't work that way. If the code can be considered to be part of a
> larger whole, then it gets covered by the GPL.  Doesn't matter if you
> distribute the code section separately.   The sticky part is what
> constitutes a "whole" - are kernel modules considered part of the Linux
> kernel as a whole?  That's the legal grey area;  the general Linux
> community seems to be on the side of "yes".  It's a similar problem as
> to linking against a GPL'd library. There isn't a good definition (legal
> or otherwise) as to what constitutes a separate program, and what is an
> extention to an existing program.

I don't agree with that interpretation, and I can cite so many
examples that disprove it.

Also, I have seen several people here claim that nVidia/ATi have a GPL
"shim" for their driver, which at last check is NOT true. Even if they
did, Stallman has stated quite clearly that such a mechanism is not
sufficient to bypass the requirements of the GPL.

vmware, ATi, nVidia, Veritas, and *many* other vendors all have
binary-only kernel modules with or without shims or any kind and have
no issue distributing their modules. I believe they all have to be
compiled or "linked" to work with the current kernel version, but it
seems to bypass the licensing issues.

Linus seems to support this view:

nVidia:
http://lkml.org/lkml/2003/12/3/234
http://lkml.org/lkml/2003/12/5/125
http://lkml.org/lkml/2003/12/10/152

General:
http://lkml.org/lkml/2006/12/13/370

In short, code that was written without any _Linux_ origin can
probably be ported and distributed without issue in his view though a
Judge could decide otherwise and some kernel developers feel
otherwise.

--
"Less is only more where more is no good." --Frank Lloyd Wright

Shawn Walker, Software and Systems Analyst
[EMAIL PROTECTED] - http://binarycrusader.blogspot.com/
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