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binary modules include GPL code from kernel headers

binary modules include GPL code from kernel headers

Posted Oct 17, 2003 6:14 UTC (Fri) by dododge (subscriber, #2870)
In reply to: binary modules include GPL code from kernel headers by ballombe
Parent article: LinkSys and binary modules

If a binary module require GPL kernel headers files to build, then it is certainly GPL since kernel headers contain macro and inline functions,

Not necessarily. Earlier this year there was a big argument on LKML regarding header use. RMS stated the FSF position as:

Our view is that just using structure definitions, typedefs, enumeration constants, macros with simple bodies, etc., is NOT enough to make a derivative work. It would take a substantial amount of code (coming from inline functions or macros with substantial bodies) to do that.

Granted they do not define "simple" and "substantial", but they do at least believe a distinction exists and that some macros and/or functions would not automatically produce a derived work.

More info here: http://www.ussg.iu.edu/hypermail/linux/kernel/0301.1/0362.html


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