RE: Linux GPL and binary module exception clause?

From: Linus Torvalds
Date: Fri Dec 05 2003 - 01:44:55 EST

On Thu, 4 Dec 2003, David Schwartz wrote:
> Yes, but they will cite the prohibition against *creating* derived
> works.


The same prohibition exists with the GPL. You are not allowed to create
and distribute a derived work unless it is GPL'd.

I don't see what you are arguing against. It is very clear: a kernel
module is a derived work of the kernel by default. End of story.

You can then try to prove (through development history etc) that there
would be major reasons why it's not really derived. But your argument
seems to be that _nothing_ is derived, which is clearly totally false, as
you yourself admit when you replace "kernel" with "Harry Potter".

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