On Sun, 16 Nov 2003, Gilad Ben-Yossef wrote:

> On Sunday 16 November 2003 12:51, Omer Zak wrote:
[... snipped ...]

> > 2. If Linus allows use of closed code Kernel modules with Linux and they
> >  probably are obfuscation champions of the Linux world, then Ilan
> > should be entitled to ask about the subject.
>
> Linus allows no such thing. He simply noted that the fact that your module
> is linked against a Linux kernel does not automatically make it derived
> work, and therefore whatever license the Linux kernel is under is
> irrevelavnt. Here are his exact words:
>
> "I'm a complete non-believer in binary modules", Torvalds said,
> reiterating what has become the conventional wisdom of the Linux-kernel
> mailing list and experienced Linux support people. "Most houses that use
> Linux a lot say that they won't support binary modules because they
> can't. They may work, but you're not getting the full advantage of
> Linux", he added. On the legal side, there is no specific exception for
> binary-only modules. "They're borderline legal. There's nothing in the
> license that says you're excused from the GPL".
>
> http://www.linuxjournal.com//article.php?sid=6152

My interpretation of the above is that Linus had the power to decide
either way and the law would have supported his choice.  He chose the
liberal interpretation, and accepted into the official Kernel patches only
from people, who agreed with his (liberal) interpretation.  So it is now
the law of the land.

What if he had decided otherwise?  Did he really have the legal power to
decide otherwise?  Those are questions worthy of argument by themselves.
Is there anyone in Linux-IL, who has the answers or at least the
imagination to speculate in interesting ways?

> > 3. And, as Ilan said, the Linux-IL mailing list is Linux-IL, not GNU-IL
> >  (or GPL-IL), RMS's insistence upon the term GNU/Linux withstanding.
>
> Well, in case anyone cares, I think the question was on topic. I just think
> it was stupid.

I don't think the question was stupid.  If anyone earned the 'stupid'
label in this story it is those managers, who caused the need for the
question in the first place.

This is because I learned some things from the technical answer to the
question.
                                             --- Omer
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