[Info-vax] ODS5 on Linux

[Arne Vajhøj]

On 5/14/2012 11:04 PM, Single Stage to Orbit wrote:
> On Mon, 2012-05-14 at 22:56 -0400, Arne Vajhøj wrote:
>>>> If not he is violation of the GPL license!
>>>
>>> Actually, no he isn't. As he wrote the code, he's perfectly entitled
>> to
>>> put restrictions on his work.
>>
>> No - he is not, because he is using somebody else's code
>> and has to comply with their license.
>>
>> A driver without a shim is linked with the kernel.
>
> A module isn't necessarily linked into the kernel. It's loaded into
> memory and gets used for whatever purposes the user requires it for.

Linus Torvalds has actually answered the question:

<quote>
And I claim that binary-only kernel modules ARE derivative "by default",
by virtue of having no meaning without the kernel.
</quote>

So you are wrong - kernel modules are as starting point derivative of
(which is the legal term for linked with) the kernel.

So they need to be under GPL.

>> The kernel is under GPL.
>
> Correct.
>
>> Any code linked with GPL code has to be under GPL itself.
>
> Not really.

Yes.

That is the main characteristic by strong copyleft like GPL.

>> When the code is under GPL then anyone that get a binary has
>> the right to the source.
>
> If it was linked into the kernel itself then yes the GPL covers it.

It does.

See above.

Arne

PS: One of the last companies that thought they could avoid GPL
     for a driver was actually MS. After being notified about the
     problem and probably consulting their lawyers they released
     their Hyper-V drivers under GPL.