Erik Andersen <andersen@xxxxxxxxxxxx> 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.
But what about the case I stated earlier for a driver that is completely binary portable between different operating systems. Hence the low level portion of the driver is not Linux specific at all, and in fact not even designed specifically with Linux in mind. That muddies the waters even more, and even Linus has said he would believe such a driver to be OK.