Re: GPL vs non-GPL device drivers

[Pavel Machek <pavel@ucw.cz>]

Hi!

> Actually, it's quite clear under US law what a derivative work is and
> what rights you need to distribute it, and equally clear that
> compiling code does not make a "translation" in a copyright sense.
> Read Micro Star v. Formgen -- it's good law and it's funny and
> readable.
> 
> I've drafted summaries from a couple of different angles since VJ
> requested a "translation into English", and I think this is the most
> coherent (and least foaming-at-the-mouth) I've crafted yet.  It was
> written as an answer to a private query to this effect:  "I write a
> POP server and release it under the GPL.  The Evil Linker adds some
> hooks to my code, calls those hooks (along some of the existing ones)
> from his newly developed program, and only provides recipients of the
> binaries with source code for the modified POP server.  His code
> depends on, and only works with, this modified version of my POP
> server.  Doesn't he have to GPL his whole product, because he's
> combined his work with mine?"
> 
> This is a fundamental misconception.  A <<product>> is not a "work

Ok, but this is not realistic. I agree that if Evil Linker only adds
two hooks "void pop_server_starting(), void pop_server_stopping()", he
can get away with that.

But... how does situation change when Evil Linker does #include
<pop3/gpl_header_file_with_some_inline_functions.h> from his
binary-only part?

I believe situation in this case changes a lot... And that's what
embedded people are doing; I do not think they are creating their own
headers or their own inline functions where headers contain them.
									Pavel
-- 
(english) http://www.livejournal.com/~pavelmachek
(cesky, pictures) http://atrey.karlin.mff.cuni.cz/~pavel/picture/horses/blog.html
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@vger.kernel.org
More majordomo info at  http://vger.kernel.org/majordomo-info.html
Please read the FAQ at  http://www.tux.org/lkml/