Alan DuBoff <[EMAIL PROTECTED]> wrote:

> On Tuesday 05 September 2006 05:58 am, [EMAIL PROTECTED] wrote:
> > I mean, the question is interesting. Can I, for example, port a Linux
> > kernel driver that is GPL to Solaris, and legally run it ?
> > I hope to eventually get a positive answer to that ... but not here and
> > now; back to work :)
>
> Frank,
>
> I think the answer today is no. But when GPLv3 is out, the answer should be 
> yes. This is the entire problem with linking kernel code (although that 
> hasn't been upheld in a court of law, AFAIK) with other non-GPL seems to have 
> been the issue, since the Linux 2.4.13 kernel.

Alan, from my understanding you may do this because porting a GPLd driver to 
Solaris does neither:

-       cause the Solaris kernel project to include GPLd code as long as the 
        driver is not essential for running the Solaris kernel.

        Note that the Solaris kernnel is not a monolithic piece of code and
        that nobody did e.g. claimed a problem for running GPLd code
        on DOS or on the ATARI where no MMU causes the code to run in different
        contexts.

nor:

-       make the Solaris kernel a "derived work" from the GPLd driver. It is
        rather the other way.

If the GPLd driver may be called a separate project/work, I would recommend to 
GPL all code that is needed for the port and then just use the driver on 
OpenSolaris.

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
       [EMAIL PROTECTED]                (uni)  
       [EMAIL PROTECTED]     (work) Blog: http://schily.blogspot.com/
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