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    SubjectRe: Is sharpzdc_cs.o not a derivitive work of Linux?
    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.


    Mark Jenkins
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