From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S264262AbTLERg4 (ORCPT ); Fri, 5 Dec 2003 12:36:56 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S264261AbTLERg4 (ORCPT ); Fri, 5 Dec 2003 12:36:56 -0500 Received: from [65.39.167.249] ([65.39.167.249]:19875 "HELO innerfire.net") by vger.kernel.org with SMTP id S264322AbTLERgM (ORCPT ); Fri, 5 Dec 2003 12:36:12 -0500 Message-Id: From: To: unlisted-recipients:; (no To-header on input) Date: Fri, 5 Dec 2003 12:36:12 -0500 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org >>From gmack@innerfire.net Fri Dec 5 12:36:11 2003 Received: from localhost (sendmail-bs@127.0.0.1) by localhost with SMTP; 5 Dec 2003 17:36:11 -0000 Date: Fri, 5 Dec 2003 12:36:11 -0500 (EST) From: Gerhard Mack To: Linus Torvalds cc: David Schwartz , Valdis.Kletnieks@vt.edu, Peter Chubb , linux-kernel@vger.kernel.org Subject: RE: Linux GPL and binary module exception clause? In-Reply-To: Message-ID: References: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII X-Spam-Status: No, hits=-104.5 required=4.0 tests=IN_REP_TO,SUBJ_ENDS_IN_Q_MARK,USER_IN_WHITELIST version=2.20 X-Spam-Level: Those views are scary when you consider that webmaster Inc sells closed source software that works exactly like IRC (wich is GPL) On Thu, 4 Dec 2003, Linus Torvalds wrote: > Date: Thu, 4 Dec 2003 22:58:09 -0800 (PST) > From: Linus Torvalds > To: David Schwartz > Cc: Valdis.Kletnieks@vt.edu, Peter Chubb , > linux-kernel@vger.kernel.org > Subject: RE: Linux GPL and binary module exception clause? > > > > On Thu, 4 Dec 2003, David Schwartz wrote: > > > > The GPL gives you the unrestricted right to *use* the original work. > > This implicitly includes the right to peform any step necessary to use > > the work. > > No it doesn't. > > Your logic is fundamentally flawed, and/or your reading skills are > deficient. > > The GPL expressly states that the license does not restrict the act of > "running the Program" in any way, and yes, in that sense you may "use" the > program in whatever way you want. > > But that "use" is clearly limited to running the resultant program. It > very much does NOT say that you can "use the header files in any way you > want, including building non-GPL'd programs with them". > > In fact, it very much says the reverse. If you use the source code to > build a new program, the GPL _explicitly_ says that that new program has > to be GPL'd too. > > > Please tell me how you use a kernel header file, other than by including > > it in a code file, compiling that code file, and executing the result. > > You are a weasel, and you are trying to make the world look the way you > want it to, rather than the way it _is_. > > You use the word "use" in a sense that is not compatible with the GPL. You > claim that the GPL says that you can "use the program any way you want", > but that is simply not accurate or even _close_ to accurate. Go back and > read the GPL again. It says: > > "The act of running the Program is not restricted" > > and it very much does NOT say > > "The act of using parts of the source code of the Program is not > restricted" > > In short: you do _NOT_ have the right to use a kernel header file (or any > other part of the kernel sources), unless that use results in a GPL'd > program. > > What you _do_ have the right is to _run_ the kernel any way you please > (this is the part you would like to redefine as "use the source code", > but that definition simply isn't allowed by the license, however much you > protest to the contrary). > > So you can run the kernel and create non-GPL'd programs while running it > to your hearts content. You can use it to control a nuclear submarine, and > that's totally outside the scope of the license (but if you do, please > note that the license does not imply any kind of warranty or similar). > > BUT YOU CAN NOT USE THE KERNEL HEADER FILES TO CREATE NON-GPL'D BINARIES. > > Comprende? > > Linus > - > To unsubscribe from this list: send the line "unsubscribe linux-kernel" in > the body of a message to majordomo@vger.kernel.org > More majordomo info at http://vger.kernel.org/majordomo-info.html > Please read the FAQ at http://www.tux.org/lkml/ > -- Gerhard Mack gmack@innerfire.net <>< As a computer I find your faith in technology amusing.