Why is always busybox?
Posted Dec 15, 2009 5:08 UTC (Tue) by drag
In reply to: Why is always busybox?
Parent article: Best Buy, Samsung, And Westinghouse Named In SFLC Suit Today
Who decides what a derivative is is not Linus, GPL, or anybody else except
judge interpreting law and precedent. It's absolutely possible that one
module can be a derivative and another one is not. Most above people (and
probably you also) understand that 'Derivative' is a very specific legal
term that is included in the copyright law of the USA. Any copyright
license, like the GPL, is limited by the scope of that legal definition. It
does not matter what the copyright holder _wants_ something to be, his
power in controlling the work of others is limited by "derivative", at
least in copyright law.
With Nvidia they are shoehorning a great big blob of Windows driver code
into the Linux kernel. The portion of the code that is specifically made
Linux is GPL'd. So the argument goes that the non-GPL'd parts of the driver
are actually written for a different OS or at least a multitude of OSes and
since it was not developed for Linux and does not depend on Linux kernel
code then it is not derivative.
Presumably. Who knows how true that is. It may be possible to sue Nvidia,
but it is certainly not a slam-dunk case and, anyways, it seems that nobody
is interested in doing so.
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