From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1751283AbWDKXGj (ORCPT ); Tue, 11 Apr 2006 19:06:39 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1751335AbWDKXGj (ORCPT ); Tue, 11 Apr 2006 19:06:39 -0400 Received: from [81.2.110.250] ([81.2.110.250]:7580 "EHLO lxorguk.ukuu.org.uk") by vger.kernel.org with ESMTP id S1751283AbWDKXGi (ORCPT ); Tue, 11 Apr 2006 19:06:38 -0400 Subject: Re: GPL issues From: Alan Cox To: Ramakanth Gunuganti Cc: linux-kernel@vger.kernel.org In-Reply-To: <20060411063127.97362.qmail@web54314.mail.yahoo.com> References: <20060411063127.97362.qmail@web54314.mail.yahoo.com> Content-Type: text/plain Content-Transfer-Encoding: 7bit Date: Wed, 12 Apr 2006 00:12:19 +0100 Message-Id: <1144797140.29275.33.camel@localhost.localdomain> Mime-Version: 1.0 X-Mailer: Evolution 2.2.3 (2.2.3-2.fc4) Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org On Llu, 2006-04-10 at 23:31 -0700, Ramakanth Gunuganti wrote: > 1. If an application is built on top of this modified > kernel, should the application be released under GPL? > Do system calls provide a bounday for GPL? How does > this work with LKMs, all the code for LKMs will be > released but would a userspace application using the > LKMs choose not to use GPL? The boundary of the GPL is what is called a "derivative work". This is the basic concept in law used by copyright and essentially asks "is this work created in such a way that it is based on the original work in some meaningful fashion". Its a complex area of law and only a lawyer can give definitive answers. The usual case is releasing an application for the Linux OS. It is unlikely that using system calls could be considered "derivative" and in case there is doubt the copying file with the Linux kernel specifically excludes this case because the authors don't want some peculiar legal interpretation to suddenely try and claim rights on applications running on Linux. Your questions really come into the realm of lawyers not programmers however especially the various fringe areas. The simple "application for Linux" case is clear. The simple "kernel modification" case is also clear. In the middle is the vague area that is for lawyers.