linux-kernel - RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

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Date:	Wed, 13 Dec 2006 23:54:26 -0800
From:	"David Schwartz" <davids@...master.com>
To:	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>
Subject: RE: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]

> Someone also mentioned that we could just put a nice poem into the
> kernel module image in order to be able to enforce our copyright license
> in any court of law.
>
> 	Full bellies of fish
> 	Penguins sleep under the moon
> 	Dream of wings that fly
>
> thanks,

Whoever says that has no understanding of copyright law. Copyright law
*only* protects something when there are a large number of equally-good ways
to accomplish the same thing. If there is only one way to accomplish a
particular function, it cannot be protected by copyright.

The Lexmark v. Static Controls case made this pretty clear. Lexmark did
pretty much the same thing with their toner cartridges. You cannot copyright
a password to get the effect of a patent (ownership of every way to
accomplish a particular function).

By the way, the GPL seems to prohibit this. Why is this not an "additional
restriction"? Where does the GPL say that you cannot create and use a
derivative work unless you put a notice in it stating that it is licensed
under the GPL?

I agree with Linus that this is insane hypocrisy. To be totally blunt, the
want to do this -- to control the way other people use the works they own --
is the same evil impulse that drives the RIAA. Shame on you. It's supposed
to be about free as in freedom.

DS

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