Novell's IRC session on the Microsoft deal
Posted Nov 28, 2006 7:59 UTC (Tue) by khim
In reply to: Novell's IRC session on the Microsoft deal
Parent article: Novell's IRC session on the Microsoft deal
Kernel modules are in gray area. If they are not distributed with the kernel!
If you distribute anything with the kernel - you better use GPLed source or you can use "mere aggregation" clause from the GPL ("mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License"). There are no other choice.
Kernel authors unambiguously said: "user programs that use kernel services by normal system calls" are not affected. But kernel modules (and even programs like udev which use more intimate access to kernel then "normal system calls") - they are affected.
Yes, there are small possibility that you can twist the GPL (given pretty damn good lawyer) enough to make the Ubuntu somehow look non-infringing. But if Novell is getting such a severe beating for it's use of GPL loophole then why Ubuntu (who also uses loophole - even if different one) must be accepted ? It's hypocrisy...
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