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SubjectRe: spinlocks, the GPL, and binary-only modules
On Tue, 19 Nov 2002, Rik van Riel wrote:
> On Tue, 19 Nov 2002, Jeff Garzik wrote:
> > But who knows if #include'd code constitutes a derived work :(
>
> Only if the #included snippets of code are large enough to be
> protected by copyright, which might be true of the stuff in
> mm_inline.h and of some of the semaphore code, but probably
> isn't true of the spinlock code.
>

(US-Centric, since that's where I'm from, live, and code)

Since you're functionally using it, and it's not a protected use (Satire,
etc, though some would argue that the nvidia drivers are a mockery...), I
would tend to think Fair Use wouldn't apply in this case. Are there any IP
Lawyers in the house?

The only analogy i can think of is a remix of songs, and several people
have gotten into wonderfully large lawsuits over that.

> Even if the code #included is large enough to be protected by
> copyright I don't know if the code including it would be considered
> a derived work. Many questions remaining...
>

This basically all falls upon the shoulders of whoever wrote the spinlock
code on whatever platform you're compiling for...

At this point, I think it's safe to say that the days of the legally
unencumbered binary-only module (read: binary-only modules you aren't
liable to get sued for) are numbered. Personally, I'm a little
saddened at the loss of openness, but won't miss weird binary-only
problems.
--
/jbm, but you can call me Josh. Really, you can!
"What's a metaphor?" "For sheep to graze in"
7958 1C1C 306A CDF8 4468 3EDE 1F93 F49D 5FA1 49C4




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