Re: BK kernel workflow

Chris Friesen
2004-10-29T19:39:30Z

David Schwartz wrote:

> This position is conditioned on two facts, either:
>
> 1) Linus does not distribute his BK tree, or
>
> 2) Linus' BK tree is not a derivative work of the Linux kernel
>
> If both of these are false, then the tree must be covered by the GPL. I
> think 2 is clearly false.

The linux tree is certainly a derivative work of itself. The more important
(and much more difficult) question is whether the metadata about the tree is a
derivative work under the rules of the GPL, or whether it is mere aggregation.

I think you could make a compelling argument that the linux kernel history
metadata is *not* covered under the GPL, and hence can be restricted by licensing.

Chris