This brings up a point I haven't seen addressed: Larry Rosen of the OSI wrote a new license, the Open Software License, that claims to be a copyleft license that addresses perceived flaws in the GPL. Like the GPL, it requires derivative works to be licensed under the same terms. Unlike the GPL, it has no "mere aggregation" exception. It would appear that if the Linux kernel were licensed under the GPL, all programs distributed on a CD-ROM along with the Linux kernel would need to be either under the OSL or a compatible but more permissive license, since the CD-ROM is a derivative work of the Linux kernel. That makes the OSL much more "viral" than the GPL.
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