Licensing & copyright of kernel .config files (defconfig, *config)

["Robin H. Johnson" <robbat2@gentoo.org>]

(Please CC me on replies, not subscribed to LKML)

Hi,

Somewhat of an odd question, but none of the files in question seem to
have a copyright header on them...

For a kernel .config file, either from one of the defconfig or any other
*config option that automates the answer:
1. What license does the file fall under?
2. Who are the copyright holders?

Naively, since the defconfigs are bundled with the kernel, that could
fall under GPLv2-only implicitly, but lacking any explicit copyright
headers makes this interesting (arch/*/configs/* contain lots of files,
no copyright headers on them).

If I manually write the names of some configuration options to a new
.config file, at that point I logically am the only author and have
copyright of it. My editor slaps a default license on it of BSD-2.
Thereafter I run olddefconfig, and now it's a combined work of the
kernel's defconfig and my manual settings. If GPL-2 was inherited from
the kernel tree, this is now a combined BSD-GPL2 work, or is it? The
kernel config tools did consider my file as input, possibly overrode the
settings if they didn't work with others, and re-output everything.

If the files are to be marked with a copyright header, who is the holder
of it that it should be attributed to?

Alternatively, is this a case where the work is not copyrightable, and
the files should have a notice to that effect?

Background:
Gentoo has a bunch of "stock" kernel configurations for release
engineering, our initramfs tool (genkernel), and other endeavors over
the years. These projects claim BSD, GPL2, LGPL2 on various pieces, and
I don't think they can all be correct. I'm working on getting them into
one place, because some of them have been getting stale, but the
differing licenses raised a red flag to me.

-- 
Robin Hugh Johnson
Gentoo Linux: Developer, Infrastructure Lead
E-Mail     : robbat2@gentoo.org
GnuPG FP   : 11ACBA4F 4778E3F6 E4EDF38E B27B944E 34884E85