Yup. You just omitted important fact.
Posted Nov 30, 2010 22:47 UTC (Tue) by khim
In reply to: License?
Parent article: The kernel and the C library as a single project
The legal criteria for how copyright encumbrances flow from place to place are relevant in some contexts, but usually not in the context of bundling because no 'flowing' is required: When you bundle you must obey _ALL_ relevant licenses.
Yup. This is correct. But it's important to continue you explanation: the words cited above would imply that even today you can not actually distribute kernel and non-GPLed programs... yet people do it with impurity. Why it's not a problem today? This is important stuff.
Considering that the distributions bundle these things already I think it's safe to say that there currently isn't a problem.
Yup, but again: why? It's important.
It may more complicated as each of the packages is intimately extended with code existing in the other.
Not "more compilcated". Impossible. The reason why you can distribute kernel with GLibC, newlib or Android's bionic is simple: "mere aggregation" clause. All version of GPL include this "escape clause": if you are distributing GPLed product and non-GPLed product on the same CD or on the same NAND chip it's Ok as long and GPLed product and non-GPLed product are developed separately and not tied to each other. Today it's easy: Linux kernel exposes simple, documented interface, there are multiple independent implementations of it on both consumer and producer side (on the consumer side there are GLibC, uClibc, klibc, etc - and on producer side there are at least Linux kernel and emulation of said kernel in FreeBSD). It's additionally reinforced by explicit promose in kernel's COPYING file (NOTE! This copyright does *not* cover user programs that use kernel services by normal system calls). So everything is great. But if libc will be developed in tandem with kernel... the "mere aggreggation" defense evaporates and "user programs that use kernel services by normal system calls" defense evaporates too! At this point there are no separation line which will allow you to redistribute non-GPLed programs!
No, the full libc distributed with kernel idea will not fly - and AFAICS this is not what is discussed at all.
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