Messages in this thread | | | Date | Sat, 29 Oct 2005 17:07:49 -0500 | From | Mark Jenkins <> | Subject | Re: Is sharpzdc_cs.o not a derivitive work of Linux? |
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Rob,
It is wonderful that a day will come when most modules will need to use a symbol with attached documentation that says, "if you this symbol, your code will be a derivative work, and by extension you must license it under a GNU GPL compatible license".
A cynical person would respond to this and say "if somebody comes along and uses one of those symbols in a proprietary module, the Linux developers will let them get away with it".
I hold no such cynicism. I believe the Linux developers would act to enforce their license in such a case.
This high regard that I have for the Linux developers is why I'm willing to raise questions about a "binary only" module, despite the fact that it doesn't use any symbols labeled EXPORT_SYMBOL_GPL. Linus makes it clear that one can not conclude that he and others will say such a module is *not* a derivative work. His position was that modules *are* derivative works, unless a strong counter argument is made. (see http://people.redhat.com/arjanv/COPYING.modules)
Therefor, if the Linux developers are faced with a module like sharpzdc_cs.o, and if they conclude that good evidence is unavailable that it is *not* a derivative work, I believe they would be willing to listen to a complaint that their license of choice is not being followed, and act on that complaint if they felt it was valid.
I will reply again later with an attempt to compare the criteria available here: http://people.redhat.com/arjanv/COPYING.modules against the behavior of sharpzdc_cs.o and Sharp's distribution behavior.
In particular, I would like help with this part of it, "anything that has knowledge of and plays with fundamental internal Linux behavior is clearly a derived work. If you need to muck around with core code, you're derived, no question about it. " as I am not a Linux hacker.
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