Re: Linux GPL and binary module exception clause?

From: Zwane Mwaikambo
Date: Thu Dec 04 2003 - 20:00:02 EST

On Thu, 4 Dec 2003, Erik Andersen wrote:

> On Thu Dec 04, 2003 at 03:50:55PM -0800, Paul Adams wrote:
> > Unless actual Linux code is incorporated in a binary
> > distribution
> > in some form, I don't see how you can claim
> > infringement of the
> > copyright on Linux code, at least in the U.S.
> A kernel module is useless without a Linux kernel in which it can
> be loaded. Once loaded, it becomes not merely an adjunct, but an
> integrat part of the Linux kernel. Further, it clearly
> "incorporate[s] a portion of the copyrighted work" since it
> can only operate within the context of the kernel by utilizing
> Linux kernel function calls.

What about software which utilises Linux specific kernel services, such as
say some cd writing software?
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