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    SubjectRe: Linux GPL and binary module exception clause?
    Kendall Bennett wrote:

    > Erik Andersen <andersen@codepoet.org> wrote:
    >
    >
    >>On Thu Dec 04, 2003 at 03:50:55PM -0800, Paul Adams wrote:
    >>
    >>>Unless actual Linux code is incorporated in a binary
    >>>distribution
    >>>in some form, I don't see how you can claim
    >>>infringement of the
    >>>copyright on Linux code, at least in the U.S.
    >>
    >>A kernel module is useless without a Linux kernel in which it can
    >>be loaded. Once loaded, it becomes not merely an adjunct, but an
    >>integrat part of the Linux kernel. Further, it clearly
    >>"incorporate[s] a portion of the copyrighted work" since it can
    >>only operate within the context of the kernel by utilizing Linux
    >>kernel function calls.
    >
    >
    > But what about the case I stated earlier for a driver that is completely
    > binary portable between different operating systems. Hence the low level
    > portion of the driver is not Linux specific at all, and in fact not even
    > designed specifically with Linux in mind. That muddies the waters even
    > more, and even Linus has said he would believe such a driver to be OK.

    You mean kind of like a program being compiled by a compiler?

    The program isn't designed for a specific platform/cpu/os/whatnot but
    when compiled it's specific to a platform/cpu/os/whatnot. With the
    "program" being the low level stuff and the extra cruft all compilers
    include being the glue.

    // Stefan

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