Re: Linux GPL and binary module exception clause?

Peter Chubb
2003-12-05T04:23:46Z

>>>>> "Nick" == Nick Piggin <piggin@cyberone.com.au> writes:

Nick> Paul Adams wrote:

Nick> Seriously: What about specifically a module that includes the
Nick> Linux Kernel's headers and uses its APIs? I don't think you
Nick> could say that is definitely not a derivative work.

As far as I know, interfacing to a published API doesn't infringe
copyright.

Note:

Paul> A standard filter is that you eliminate an element if "The
Paul> element's expression was dictated by external factors, such as
Paul> using an existing file format or interoperating with another
Paul> program." Computer Associates v. Altai specifically discusses
Paul> the need to filter elements related to "compatibility
Paul> requirements of other programs with which a program is designed
Paul> to operate in conjunction."
Paul> http://www.bitlaw.com/source/cases/copyright/altai.html

If you don't accept this, then maybe you have to start accepting SCO's
claims on JFS, XFS, &c.

(Disclaimer: I am not a lawyer)
--
Dr Peter Chubb http://www.gelato.unsw.edu.au peterc AT gelato.unsw.edu.au
The technical we do immediately, the political takes *forever*