Messages in this thread | | | Date | Sun, 7 Dec 2003 18:00:08 -0700 (MST) | From | Alex Belits <> | Subject | Re: Additional clauses to GPL in network drivers |
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On Sun, 7 Dec 2003, John Bradford wrote:
> For example, it brings up a few issues: > > 1. How is 'operating system' supposed to be defined in this context? > > I assume that if it meant just the kernel, it would say 'kernel'. > > If you define 'operating system' as including some userspace > utilities, it's going to cause problems, as some common utilities are > not GPL'ed, (the extra clause doesn't say 'GPL-compatible', it > specifically specifies GPL).
I guess, it really means, "kernel as distributed".
> 2. Is code licensed under this extra term actually compatible with > code placed under the GPL alone?
As I understand it, the statement was only meant to emphasize that the file is a part of a larger work that is licensed under GPL, and its (and derivations') distribution as a separate work is still governed by GPL (in particular, it does not allow incorporation into other products under other licenses) and the authors are unwilling to re-license it under any non-GPL terms. The way how it was expressed is unclear and formally incorrect, but I think, the intent of the statement is merely to re-state the restrictions that are already in GPL and discourage attempts to obtain (or assume) other licenses.
> 3. I haven't tried to trace the history of this code, but if these > drivers were based on, and include, other developer's purely GPL'ed > code, applying this extra condition is presumably not valid, (unless > specific permission was sought to do so). > > 4. The obvious issue concerning binary modules - does loading a binary > module which is not licensed under the GPL invalidate your license to > use these network drivers? Note that I personally have no interest > whatsoever in using such binary modules, but whatever ends up being > decided for the GPL'ed parts of the kernel, this extra clause suggests > to me that it specifically isn't OK whilst using these network > drivers.
The statement is unclear on this, however if you read "operating system" as "kernel as distributed" and "use" as "distribute" it would make perfect sense. Otherwise it's meaningless.
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