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    SubjectRe: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

    * David Woodhouse <dwmw2@infradead.org> wrote:

    > Who cares about whether the module is a derivative work? That's only
    > relevant when you distribute the module as a separate work. When you
    > ship a combined work including both the kernel and the module in
    > question, it's a _whole_ lot easier to interpret the GPL.

    i fully support the notion you articulate, that whether bin-only modules
    are part of a derivative work of the kernel or whether they are
    independent works is not an automatic thing at all. The answer is: "it
    depends, talk to your lawyer". For example i'd say VMWare's ESX bin-only
    module is likely derived from the Linux kernel and should be distributed
    under the GPL, but that for example the ATI and nvidia drivers, although
    being a large PITA for all of us, are possibly independent works.

    but lets note that this is irrelevant to the Tivo argument. Tivo is not
    using bin-only modules AFAIK, all their source code is available for
    download. (their kernel source is totally uninteresting by the way -
    they have some weird crap IDE controller with hacks that will never go
    upstream.)

    Ingo
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