Re: 2.6.24-rc7-rt2

[Esben Nielsen]

On Mon, 21 Jan 2008, Steven Rostedt wrote:

> On Mon, 21 Jan 2008, Esben Nielsen wrote:
> > Please, tell what in the license forbids me to make a global replacement
> > EXPORT_SYMBOL_GPL -> EXPORT_SYMBOL and distribute the result?
>
> If you want to distribute that code, the authors of that said code
> may be able to challenge you in saying that you are enabling a means to
> circumvent a way around the license, and hold you liable. Remember, all it
> takes is one country with the laws that will grant this complaint.
>
> > For me, on the other hand, it is against the spirit of free software to
> > actively make a block for people to do what ever they want with the code
> > when they are only doing it to themselves. That includes loading non-GPL
> > software into the kernel. The only thing they  are not allowed to do is to
> > distribute it and in that way "hurt" other people.
>
> Honestly, I don't care which export it is. The thing is that I derived
> that code from someone else. I did not look up the original author of the
> code to find out which export they would like it to be. I may be able to
> argue that since it was under a LGPL and not a GPL license, I may very
> well be able to export it that way.
>
> I'm taking the safe way out. By exporting it as EXPORT_SYMBOL_GPL, I am
> safe either way. By exporting it as EXPORT_SYMBOL without first hearing
> from the original author (and getting that in writing), or hearing it from
> a lawyer, I may be putting myself at risk.
>
> Feel free to creating a version of this code and
> s/EXPORT_SYMBOL_GPL/EXPORT_SYMBOL/ and distribute it. I wont come after
> you for that, but at least I know those that would, will go after you and
> not me.
>
> Call me a chicken, I don't care, but I'm just not going to put myself nor
> my company I work for, at risk over this issue.

First off, sorry for sounding so harsh and sorry for taking this 
discussion onto you. It is quite off-topic in this context. It was just 
a rant about the misconception that adding/removing _GPL to 
EXPORT_SYMBOL can make non-GPL modules more or less legal. Is is a 
_political_ issue, not a legal one.

Esben

> -- Steve
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