GPLv2 enforcement

Posted Mar 23, 2007 7:22 UTC (Fri) by drag (guest, #31333)
In reply to: GPLv2 enforcement by gmaxwell
Parent article: The Torvalds Transcript (InformationWeek)

Well distribution is covered elsewere the license also. Don't forget that.

Also, as you are aware from Microsoft EULA goes.. just because somebody has something in a license it doesn't mean that it's enforcable, even if you agree to it. I don't know how far that goes.

But there is a nasty little clause in the GPLv2 that goes as follows:
(in section 2)

""In addition, 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.""

So you _can_ distribute non-derivative (see the portion immediately before the part I quoted.) work along with GPL'd software then the GPLv2 license expressly states that it is not covered under the terms of the GPLv2 license.

In other words,
A: If code is non-derivative then it's not covered under the terms of the GPLv2.
And
B: The license expressly allows it's distribution along side non-GPL works.
So
C: Therefore if a kernel module is non-deravitive then it's legal to distribute it along with the kernel.

IF its non-derivative. It's gray.. so some can and will violate while others won't.

("Deravitive" IS a well established legal term, btw. It's defined as part of the US copyright code. Of course in other countries this may vary, but I am operating under US law.)

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_...