Messages in this thread |  | | Date | Wed, 10 Dec 2003 14:49:04 -0800 (PST) | From | Andre Hedrick <> | Subject | Re: Linux GPL and binary module exception clause? |
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Jason,
Nice bit of research! Hat tip to you, just close your eyes so the glare off my balding head does not blind you :-)
This is so much fun!
Cheers,
Andre Hedrick LAD Storage Consulting Group
On Wed, 10 Dec 2003, Jason Kingsland wrote:
> > "Andre Hedrick" wrote: > > > How can the additional words alter the mean of GPL itself? > > Because if the additional words in the license predate the publishing date > of the code, they form a valid part of the license for that code as > published. > > > So the answer to whether such a clause in valid and enforceable (rather than > just Linus' opinion) depends on when any particular piece of code was first > submitted publicly into the kernel tree, who the copyright holder is > (usually the author) and hence which license prevailed at the time the code > was first published. > > Later changes to a license are not retroactive to earlier publications > unless the original copyright holder agrees - as only the copyright holder > can change the terms of any license after publication. > > The readme for Linux version 0.1 had the copyright owned by Linus and was > not licensed under GPL at all: > > " > This kernel is (C) 1991 Linus Torvalds, but all or part of it may be > redistributed provided you do the following: > > - Full source must be available (and free), if not with the > distribution then at least on asking for it. > > - Copyright notices must be intact. (In fact, if you distribute > only parts of it you may have to add copyrights, as there aren't > (C)'s in all files.) Small partial excerpts may be copied > without bothering with copyrights. > > - You may not distibute this for a fee, not even "handling" costs. > " > > This changed in Version 0.12 with the following statement of intent: > > " > The Linux copyright will change: I've had a couple of requests to make > it compatible with the GNU copyleft, removing the "you may not > distribute it for money" condition. I agree. I propose that the > copyright be changed so that it confirms to GNU - pending approval of > the persons who have helped write code. I assume this is going to be no > problem for anybody: If you have grievances ("I wrote that code assuming > the copyright would stay the same") mail me. Otherwise The GNU copyleft > takes effect as of the first of February. If you do not know the gist > of the GNU copyright - read it. > " > > The next major release was v0.95 in March 1992 which contained a reference > to GPL with this clarification: > > " > NOTE! The linux unistd library-functions (the low-level interface to > linux: system calls etc) are excempt from the copyright - you may use > them as you wish, and using those in your binary files won't mean that > your files are automatically under the GNU copyleft. This concerns > /only/ the unistd-library and those (few) other library functions I have > written: most of the rest of the library has it's own copyrights (or is > public domain). See the library sources for details of those. > " > > For release 0.99 the clarification was missing, with just a standard GPL V2 > being used for releases up to 0.99.11 when the (in)famous disclaimer about > user programs was added: > > " > NOTE! This copyright does *not* cover user programs that use kernel > services by normal system calls - this is merely considered normal use > of the kernel, and does *not* fall under the heading of "derived work". > Also note that the GPL below is copyrighted by the Free Software > Foundation, but the instance of code that it refers to (the linux > kernel) is copyrighted by me and others who actually wrote it. > > Linus Torvalds > " > > and then it stayed constant until 2.4 when the GPL V2-only clause was added: > > " > Also note that the only valid version of the GPL as far as the kernel > is concerned is _this_ license (ie v2), unless explicitly otherwise > stated. > > " > >
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