On Wednesday 07 September 2005 03:50 pm, Joe Smith wrote: > If that statement is true and if it does not qualify as a licence > exception, then
I think Linus and the KernelDev team has been pretty consistent that they consider it their interpretation of the GPL as applied to their software. As a party to the exchange, they are free to define terms as they see fit. > the following argument would hold: > NOTE! The GPL does *not* cover programs that use shared library > services by normal function calls - this is merely considered normal use > of the shared library, and does *not* fall under the heading of "derived > work". > > The thing is that the kernel is indeed much like a library, but not like a > static one. > The kernel is a lot like a shared library in that it exists in memory, and > has functions > that can be called. It is different mainly in that it stays in memory, and > on some architectures > has special capabilities not available to regular shared libraries. > > Note that it is not different by being a critical part of the operating > system, as other libraries, > especially things like the c library, or even the runtime linking library > (ld.so) I've written about this very issue in law school. It seems to me there are two ways to view the issue. One is that the GPL is a Contract (*shudder*) and thus the parties are free to restrict what is done with code they distribute. Consider it a contract that says "you can have this code, but only if you free the code you combine it with... otherwise you can't have the code" That is a perfectly fine contract, mutual promises and all. However, many say that the GPL is not a contract and must be considered a pure license and the sole product of copyright law. If so, then the GPL can only exercise power over (s)106 rights (US copyright law). Any item outside of those rights cannot be controlled by the license. The GPL tries to do this by claiming a derived work or out-and-out copying. I think you very much hit it on the head by asking whether it is either... and based on my understanding of what is and is not a derivative work, what constitutes copying, and applicable caselaw, I don't think it is. But then again, I think the GPL is a contract... so I don't see it as much of a problem. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate & Professional Student Senate Treasurer UW Service & Activities Committee Interim Chair w: http://www.probonogeek.org So, let go ...Jump in ...Oh well, what you waiting for? ...it's all right ...'Cause there's beauty in the breakdown
