From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S262078AbTLDEsm (ORCPT ); Wed, 3 Dec 2003 23:48:42 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262425AbTLDEsm (ORCPT ); Wed, 3 Dec 2003 23:48:42 -0500 Received: from mail.jlokier.co.uk ([81.29.64.88]:25474 "EHLO mail.shareable.org") by vger.kernel.org with ESMTP id S262078AbTLDEsl (ORCPT ); Wed, 3 Dec 2003 23:48:41 -0500 Date: Thu, 4 Dec 2003 04:48:37 +0000 From: Jamie Lokier To: David Lang Cc: Aaron Smith , linux-kernel@vger.kernel.org Subject: Re: Linux GPL and binary module exception clause? Message-ID: <20031204044837.GF1216@mail.shareable.org> References: <3FCDE5CA.2543.3E4EE6AA@localhost> <3FCE854A.70404@virginia.edu> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline In-Reply-To: User-Agent: Mutt/1.4.1i Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org David Lang wrote: > becouse of this you could take the kernel and include any propriatary code > in it that you want and run it. You don't even need to use modules, just > paste in th code and compile (make sure you have a legal right to the code > you are pasting in though :-) To elaborate on this: most patches which apply to the Linux kernel are clearly derived works of the kernel.[*] You can write and apply such a patch , but if you distribute the patch it must be licensed under the GPL. Thus while _you_ may take a Linux kernel and include any proprietary code you want in it, a vendor _may not_ send you a patch which applies to the Linux kernel if the patch is not licensed under the GPL or a compatible license. A vendor is not allowed to restrict your rights in this way. [*] Exceptions would be patches which are very small (<10 lines is sometimes suggested, but it's not a hard boundary), and patches which simply add code which is clearly not derived form the kernel, as Linus described. -- Jamie