On Wed, Sep 07, 2005 at 11:57:47AM +0200, Joerg Schilling wrote:
> Why?
> 
> Please note that I did send a description on why I believe that
> even GPL'd filesystems and other modules may be used in OpenSolaris
> to RMS as a part of this duiscussion.

He, i would really be interested in knowing about this one. Do you have a
message-id or pointer to an URL in the archive ?

> the fact that RMS did not reply: NO, because...
> 
> ...but just send some pointers to FAQs and commonplaces makes it obvious that
> RMS has the same impression as I have.

Those FAQs are pretty extensive FAQs and you will probably find the info you
search about this.

> OpenSolaris is different from Linux (*) and as long as you do not try to
> add GPLd code to "unix", "genunix" or "krltd" (the OpenSolaris kernel base)
> or try to link or include GPLd code to other existing OpenSolaris modules
> the act of loading/running a new kernel module (being under GPL) is
> already covered by the 5th paragraph of ยง3 in the GPL.

I am not sure this applies really, could you describe the technical process in
detail ? 

> *) Linux uses the user space linker to link modules against the kernel, 
> Solaris
> does not.

Bah, it is the intent who counts and not the wording. The GPL doesn't never
really speak about linking, and i doubt that the whatever judge you encounter
does to, what is important is if the modules consitute a derived work of the
kernel or vice-versa, and there are a couple of points in the FAQs which
explain said pretty well.

But remember the thing is off to a judge to decide, and the decision will in
the end care more about the intentions and not about petty wording we use
here. 

> Even the other direction is possible and you may use CDDLs modules
> in the Linux kenel:
> 
> Linux distributions already _do_ include closed source modules (e.g.
> NVidia drivers). Using closed source modules from within the Linux
> kernel is something that already needs an exceptional grant from
> the Copyright holders that grants you more rights than needed to load
> a kernel module being under CDDL.  

Not sure. The main point is if there is a well defined interface between the
two objects, and if the module is not written solely to run on top of the
OpenSolaris kernel.

> Well, there is no explicit written permisson for doing so but what
> the Linux develers do is called "concludent behavior" by the lawyers.
> It is equivalent to a written permission and not having a written
> permission is even better: A written permission could just mention
> e.g. the NVidia driver, a concludent behavior includes a grant for all
> similar cases.

For your info, some disagree with the proprietary module loading, and the
linux kernel hackers are hardly exemplar in this since they allow without
problem companies to distribute code including binary-only firmware for add-on
cards, _AND_ claim implicitly that said firmware is under the GPL. We, the
debian kernel team, pointed that out, and where shuned by the Linux Kernel
people, but got positive response to fix this from companies like broadcom and
others, who fixed the licencing of their drivers recently.

> > > OpenSolaris will never be under GPL because GPL is incompatible
> > > with Solaris.  OpenSolaris does not need to be compatible with
> > > GPL because it is an operating system platform, not an application
> > > that uses other GPL code.
> >
> > It would be useful if OpenSolaris' libc were compatible with the GPL.
> > Given that there's no BSD or CDDL replacement for gcc, it's going to
> > become a problem for people who want a distribution that has source code
> > to everything.
> 
> There is absolutely no need to do this because the GPL includes an exception
> for all libraries and interfaces that are normally part of the OS.

Provide you don't ship them as part of your OS. This was already the case with
gcc on Solaris.

Also, There is a difference between userland and kernel side here,
probably even beteen userland libraries and apps.

Friendly,

Sven Luther

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