Hello Bernhard,
On Sun, 18 Feb 2001, Bernhard Kuhn wrote:
> Just adding or modifying code in GPLed files will certainly result in
> a "derived work", means it has to be GPL.
please take into account that the kernel has an addition to the GPL:
----------8<----------8<----------8<----------8<----------8<----------
callisto:/usr/src/linux/drivers/char # head /usr/src/linux/COPYING
NOTE! This copyright does *not* cover user programs that use kernel
services by normal system calls - this is merely considered normal use
of the kernel, and does *not* fall under the heading of "derived work".
Also note that the GPL below is copyrighted by the Free Software
Foundation, but the instance of code that it refers to (the Linux
kernel) is copyrighted by me and others who actually wrote it.
Linus Torvalds
callisto:/usr/src/linux/drivers/char #
----------8<----------8<----------8<----------8<----------8<----------
Therefore using header files (which is necessary to write programs which
use the kernel functions) does not result in a "derivative work" and it is
possible to run proprietary applications on Linux.
The more interesting questions are a) if releasing RT Linux under another
License than the kernel is possible as the code doesn't really make sense
if it is not patched into the kernel (and in that case it _is_
derrived!) and b) if the technique of running an operating system ontop of
another one hasn't been common practise at the time the patent was
accepted (which meant that it could easily be eliminated in case there
will be somebody who pays the lawyer).
My impression from lots of talks with technical people at the Embedded
Systesm was the same as your's: anybody is unsure about what the future of
realtime linux variants might be. If the question of licenses will not be
solved in a positive way Linux in industrial applications will be _dead_
because it'll be on the same level as any other commercial OS. I hope that
ones who are responsible for the dilemma know what they are doing...
Robert
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