Re: spinlocks, the GPL, and binary-only modules

From: Jeff Garzik (jgarzik@pobox.com)
Date: Wed Nov 20 2002 - 15:41:39 EST


Alan Cox wrote:

> On Wed, 2002-11-20 at 19:55, Andre Hedrick wrote:
>
> >So " -fno-inline " should be enough to squelch the extremists?
>
>
> Its not relevant to the discussion even.

That's $topic AFAICS. Some armchair lawyers are alleging that
#include'ing GPL'd kernel code into non-GPL'd binary kernel module makes
that module a derivative work and thus must be GPL'd itself.

Have we decided that #include'ing GPL'd code does, or does not, taint
otherwise "license-clean" code that includes the GPL'd code?

The only thing I've seen from Linus is him mentioning that this is a
"grey area". Given this message:
http://marc.theaimsgroup.com/?l=linux-kernel&m=103487469728730&w=2

we fall to copyright law, and wonder aloud if an obviously-non-derived
work #includes GPL'd code, does it become derived?

        Jeff

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