On Feb 17, 2007, "David Schwartz" <[email protected]> wrote:
>> Linking with kernel exported symbols in a kernel module is by many
>> people considered creating a work derived from the kernel.
> That's simply unreasonable. It is the most clear settled law that only a
> creative process can create a work for copyright purposes. Linking is an
> automated process, not a creative process. It cannot create a work at all,
> much less a derivative work.
Per this principle, it would seem that only source code and
hand-crafted object code would be governed by copyright, since
compilation is also an automated process.
FWIW, http://www.fsfla.org/?q=en/node/128#1 touches a very similar
issue, also covered in the upcoming release of the video of the FSFLA
session in the 5th GPLv3 conference.
> If you have two works, A and B, and neither is a derivative work of the
> other, linking them together cannot change the status of A or B.
IANAL, but I understand this is correct. However, the output is
probably a derivative work of both.
Also, it's the fact that A needs to be linked with B, or vice-versa,
that's a clue that A is likely to be a derived work from B, or
vice-versa, even before they're linked together.
--
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer aoliva@{redhat.com, gcc.gnu.org}
Free Software Evangelist oliva@{lsd.ic.unicamp.br, gnu.org}
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