Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

Posted Dec 22, 2006 2:44 UTC (Fri) by dwpfitzner (guest, #316)
In reply to: Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19] by orospakr
Parent article: Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

No, as I understand it, the GPL does not define what is a derivative work -- copyright law does. Put another way: the GPL considers something a derivative work if it is a derivative work under copyright law. That is why there is a grey area: the definition of derivative work under copyright law is a grey area.

Eg, from GPL v2, section 0:

... a "work based on the Program" means either the Program or any derivative work under copyright law

Actually it goes on to say a bit more:

... a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".)

so it sort of includes a definition, but not being a lawyer I'm not sure how much weight the "that is to say" part has.