Re: Linux GPL and binary module exception clause?

Andre Hedrick
2003-12-11T12:50:21Z

> There is no question that, as a copyright licence, the GPL _can_ extend
> to a non-derived work; and in some circumstances it clearly _does_.

David,

Would you be kind enough to list "some circumstances" ?
Also the authoritative (sp) reference supporting the list.

Just spell it out for us who are a little slow in the wee hours of the
morning.

Cheers,

Andre Hedrick
LAD Storage Consulting Group

On Thu, 11 Dec 2003, David Woodhouse wrote:

> On Thu, 2003-12-04 at 17:58 -0800, Linus Torvalds wrote:
> > But a license only covers what it _can_ cover - derived works. The fact
> > that Linux is under the GPL simply _cannot_matter_ to a user program, if
> > the author can show that the user program is not a derived work.
>
> Not so. You, as author of the GPL'd work, are granting permission for
> someone else to make use of it (other than 'fair use' which they were
> already permitted).
>
> Your conditions for granting that permission do _not_ have to be
> restricted to licensing of derived works. You can even ask for _money_
> in return, if you like. Or you could require that the lucky recipient
> bathe in creosote daily, in order to receive your licence.
>
> I could write a piece of software and tell you that you're only allowed
> to use it if you release _all_ future software you write under the GPL.
> Even stuff which isn't at all related, let alone non-derived.
>
> It wouldn't be illegal for you to create your own non-GPL software per
> se; it would just mean you don't have permission to use what _I_ had
> written and released under this hypothetical licence.
>
> You'd probably have to be mad to accept this licence, and of course I
> don't argue that the GPL actually goes _that_ far, but a copyright
> licence certainly _can_ do so.
>
> The GPL explicitly does make reference to required licensing terms for
> non-derived works in certain circumstances, even those which can
> reasonably be considered separate and independent works in themselves.
>
> There is no question that, as a copyright licence, the GPL _can_ extend
> to a non-derived work; and in some circumstances it clearly _does_.
>
> --
> dwmw2
>
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