Re: Linux GPL and binary module exception clause?

From: Peter Chubb
Date: Thu Dec 04 2003 - 23:29:53 EST

>>>>> "Nick" == Nick Piggin <piggin@xxxxxxxxxxxxxxx> writes:

Nick> Paul Adams wrote:

Nick> Seriously: What about specifically a module that includes the
Nick> Linux Kernel's headers and uses its APIs? I don't think you
Nick> could say that is definitely not a derivative work.

As far as I know, interfacing to a published API doesn't infringe


Paul> A standard filter is that you eliminate an element if "The
Paul> element's expression was dictated by external factors, such as
Paul> using an existing file format or interoperating with another
Paul> program." Computer Associates v. Altai specifically discusses
Paul> the need to filter elements related to "compatibility
Paul> requirements of other programs with which a program is designed
Paul> to operate in conjunction."

If you don't accept this, then maybe you have to start accepting SCO's
claims on JFS, XFS, &c.

(Disclaimer: I am not a lawyer)
Dr Peter Chubb peterc AT
The technical we do immediately, the political takes *forever*
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