On 2/15/07, Gene Heskett <[EMAIL PROTECTED]> wrote:
This definition seems to be a bit like nailing jelly to a tree in that so far only one companies legal dept has pursued this to the point of actually getting a court verdict rendered. That was the German ruling a link was given to earlier in this thread(s).
--- The German decision did not go anywhere near the question of kernel modules. It was a nice victory that the court decided the license was enforceable, but the details of the license are still largely untested. ---
...
I'm a bit like Clint Eastwood here, do you feel lucky? If not, then please comply with the terms of the software you have chosen to base your product on.
--- Note that it's not just "lucy", but "rich". Both sides would spend a LOT of money if this went to court in the US. And, of course, "the terms of the software [license]" are exactly what the case would be deciding. There wouldn't be a case unless the two parties had different views of the terms of the license. ---
As you have been told here repeatedly, a distribution to your customers of code that is based on the GPL'd kernel headers does bring you into non-compliance with the terms of the GPL. You can do anything you want in house, but the minute that code ships, that is a "distribution" and the GPL applies in full force in that its all made GPL, or you cannot legally ship it. I don't know how it can be said any plainer than that. But of course IANAL, so talk to yours, please.
--- I also ANAL, but even so I can point out that your assertion and Greg KH's assertions do not have the force of law. Questions like "what is a derived work" and "what does 'unrelated' mean" in the license are just not black-and-white. I don't like niggling about interpretation, either, especially with material that someone has contributed to the community; I think it's rude and possibly unethical and that not testing the limits avoids any danger of impropriety. But claiming it's clear what the license requires is simply misleading. scott - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/