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    SubjectRe: Linux GPL and binary module exception clause?


    Peter Chubb wrote:

    >>>>>>"Nick" == Nick Piggin <piggin@cyberone.com.au> 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
    >copyright.
    >

    So binary modules don't infringe copyright and aren't derived works?
    If so then the way to control access to the kernel is to control the
    "published API" ie. the api/abi exported modules, and exceptions for
    GPL modules are useless. Hmm.

    >
    >Note:
    >
    >
    >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."
    >Paul> http://www.bitlaw.com/source/cases/copyright/altai.html
    >
    >
    >If you don't accept this, then maybe you have to start accepting SCO's
    >claims on JFS, XFS, &c.
    >

    Not quite sure what you mean here. As far as I was aware, SCO doesn't
    have any copyrights or patents on any code in the Linux Kernel so it is
    not a similar situation. I haven't followed the SCO thing closely though.


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