Re: [tlug] Proprietary code linked with GPL code

["Stephen J. Turnbull" <stephen@example.com>]

>>>>> "Edward" == Edward Middleton <edwardmiddleton@example.com> writes:

    Edward> My understanding is that if the GPL kernel used a non-GPL
    Edward> standard interface

Interfaces cannot be copyrighted, because they are not expressive
works.  You can prevent linking to those interfaces by your license
for the work that exposes them, but you can't license the interface
itself, anymore than you can copyright and license the English
language.

    Edward> then a module implementing that interface would not be
    Edward> derivative of that kernel.  If the driver had to be
    Edward> written for the specific kernel rather then for a standard
    Edward> interface then it would be a derivative.  This is one of
    Edward> two reasons why a number of companies want a standard
    Edward> binary interface for Linux.

This only matters if the ABI has non-GPL implementations.

However, if the only kernels it works with are GPL-licensed, then the
FSF's position is that standardizing the ABI is irrelevant.  It runs
in the same memory space, it's linked, so it's a derivative.

    Edward> I would contend that this doesn't apply to the Linux
    Edward> kernel either, the issue is whether it is a derivative
    Edward> work, linking is just a test for determining that a work
    Edward> is derivative.

Which is exactly what _I_ said!  It's a little bit slippery whether
loadable modules are ipso facto part of a derivative work, but my
position is that until they are shown to be linkable both logically
and legally to some other product, they are a derivative of the
kernel.

My claim is that the license Linus intended for the kernel is like the
LGPL; it excludes certain kinds of linkage from the GPL obligations.
That's why I asked whether the documents exist or not, as existence
would prove that the GPL is modified in the case of Linux licensing.


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