I'm contemplating creating a "derived work" based on the Linux Kernel but am
not sure what my obligations would be under the conditions of the GPL v2.
I'm no lawyer so I am confused about section 2 of the GPL v2 (included for
reference).

It seems to me that I would need to use the GPL for my "derived work" only
if I were to distribute or publish my "derived work." Furthermore, if this
is the case, what constitutes "distributing" and/or "publishing."

Say I were to use my "derived work" strictly for testing proprietary
interfaces. Interfaces that I am not allowed to disclose to the general
public and will most definetely upset my employer very much if I were to do
so. I can create a "derived work" based on the Linux kernel and not license
it under the GPL so long as it is never released? Or, would it be the case
that letting someone else (someone on my team) use the "derived work"
constitutes "distribution."

Does anyone have experience with creating derived works from software
licensed under the GPL v2, and if so can you share your thoughts?

Thanks, Adam


---
  2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:

    a) You must cause the modified files to carry prominent notices
    stating that you changed the files and the date of any change.

    b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License.

    c) If the modified program normally reads commands interactively
    when run, you must cause it, when started running for such
    interactive use in the most ordinary way, to print or display an
    announcement including an appropriate copyright notice and a
    notice that there is no warranty (or else, saying that you provide
    a warranty) and that users may redistribute the program under
    these conditions, and telling the user how to view a copy of this
    License.  (Exception: if the Program itself is interactive but
    does not normally print such an announcement, your work based on
    the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole.  If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works.  But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.

In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.

---


-- 
"Intelligence is the ability to avoid doing work, yet getting the work
done."
-Linus Torvalds

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