[EMAIL PROTECTED] writes: > > > >That's not the sticky part. The sticky part is making your "own code" > >that is in fact based on a work by someone else that is under GPLv2. > > This very much hinges on the fact that "based on" can be taken to > mean "calls interfaces in"; untenable.
Actually, it's unclear, because I don't think it's been challenged. Here's one plausible argument: With Solaris, we have a well-documented documented DDI. You can write a decent driver on Solaris without referring to any Sun-written code. You needn't accept any license other than the license for that documentation, and the license on the Sun documentation makes no claims on your work. For Linux, there is no documented DDI other than the source code. In order to write a decent driver for Linux, you *have to* read the Linux code. In order to do that, you must accept the terms of the GPLv2, and, as you use the information you learn in your work, you've now produced something that's "based on" the GPLv2 work. Note that I didn't say anything about "calls interfaces" or "links against" or anything like that. It's all about the licensing. > Secondly, in order to write the code "based on" the GPL'ed code, there is > no requirement to enter into this "contract". Yes, there is. > Clearly, it cannot be a contract and in fact, the license spells this out: > > 5. You are not required to accept this License, since you have not > signed it. However, nothing else grants you permission to modify or > distribute the Program or its derivative works. These actions are > prohibited by law if you do not accept this License. Exactly. You have no right to use the code in any way at all -- including using it to figure out how the Linux kernel works so that you can create your own derivative work, such as a driver. You cannot do that. > This statement is only true if the copyright law is meant; clearly when > you copy no line of code from the original, then the copyright law does > not apply as you did not copy anything. Copyright doesn't apply here. Copyright law protects the specific expression of an idea. > As you only need to enter into a contract when redistributing, the whole > "based on but not containing anything from the original code" thing falls > flat on its face. I'd like to see it argued. ;-} -- James Carlson, Solaris Networking <[EMAIL PROTECTED]> Sun Microsystems / 1 Network Drive 71.232W Vox +1 781 442 2084 MS UBUR02-212 / Burlington MA 01803-2757 42.496N Fax +1 781 442 1677 _______________________________________________ opensolaris-discuss mailing list opensolaris-discuss@opensolaris.org
