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Message-ID: <MDEHLPKNGKAHNMBLJOLKKEONKKAC.davids@webmaster.com>
Date: Tue, 26 Feb 2008 10:19:42 -0800
From: "David Schwartz" <davids@...master.com>
To: <khc@...waw.pl>
Cc: <Valdis.Kletnieks@...edu>,
"Andrew Morton" <akpm@...ux-foundation.org>,
"Ingo Molnar" <mingo@...e.hu>,
"Arnaldo Carvalho de Melo" <acme@...stprotocols.net>,
<linux-kernel@...r.kernel.org>, "Alan Cox" <alan@...hat.com>
Subject: RE: [PATCH] 2.6.25-rc2-mm1 - fix mcount GPL bogosity.
> "David Schwartz" <davids@...master.com> writes:
> > I don't know who told you that or why, but it's obvious nonsense,
> Correct.
> > Exports should be marked GPL if and only if they cannot be used
> > except in a derivative work. If it is possible to use them
> > without taking
> > sufficient protectable expression, they should not be marked GPL.
> This isn't very obvious to me.
It may not be obvious, but it is the design and purpose of marking exports
GPL.
> The licence doesn't talk about GPL or non-GPL exports. It doesn't
> restrict the use, only distribution of the software. One is free to
> remove _GPL from the code and distribute it anyway (except perhaps for
> some DMCA nonsense).
That's true. The DMCA doesn't prevent it, since marking symbols is *not* a
license enforcement mechanism.
> If a code is a derivative work it has to be distributed (use is not
> restricted) under GPL, EXPORT _GPL or not _GPL.
Of course.
> One may say _GPL is a strong indication that all users are
> automatically a derivative works, but it's only that - indication. It
> doesn't mean they are really derivative works and it doesn't mean a
> module not using any _GPL exports isn't a derivative.
Of course. (The only people who argue otherwise are the 'linking makes a
derivative work' idiots.)
> I think introducing these _GPL symbols was a mistake in the first place.
Perhaps, since people seem to be trying to refight the same battles again.
The agreement made when the feature was added was that EXPORT_GPL was not a
license enforcement mechanism but was an indication that someone believed
that any use of the symbol was possible only a derivative work that would
need to be distributed under the GPL.
> Actually I think the _GPL exports are really harmful - somebody
> distributing a binary module may claim he/she doesn't violate the GPL
> because the module uses only non-GPL exports.
Anyone can argue anything. That would be an obviously stupid argument.
Perhaps clearer documentation might be helpful, but the GPL speaks for
itself.
> OTOH GPL symbols give
> _us_ exactly nothing.
They serve as a warning and, as a practical matter, may make it a bit more
difficult to violate the license.
DS
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