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Date:	Mon, 11 Aug 2008 21:43:41 +0300
From:	Adrian Bunk <bunk@...nel.org>
To:	John David Anglin <dave@...uly1.hia.nrc.ca>
Cc:	grundler@...isc-linux.org, kyle@...artin.ca, matthew@....cx,
	linux-parisc@...r.kernel.org, linux-kernel@...r.kernel.org,
	akpm@...ux-foundation.org, bdale@...com
Subject: Re: [2.6 patch] binfmt_som.c: add MODULE_LICENSE

On Mon, Aug 11, 2008 at 12:56:43PM -0400, John David Anglin wrote:
> > The toplevel COPYING file of the kernel sources contains the exact 
> > licence text for all files (including binfmt_som.c) in the kernel.
> 
> The COPYING file contains the license text but it doesn't say clearly
> what the license applies to.  The closest thing to this is the statement
> 
>    Also note that the GPL below is copyrighted by the Free Software
>    Foundation, but the instance of code that it refers to (the Linux
>    kernel) is copyrighted by me and others who actually wrote it.
> 
> in the COPYING file.  The applicability of the GPL is parenthetical.
> The HOWTO file is more specific, but a clear license statement at the
> top level of the "source" tree is missing.

There's a file named COPYING at the top level, and a file named README 
at the top level that says:

WHAT IS LINUX?
...
  It is distributed under the GNU General Public License - see the
  accompanying COPYING file for more details. 


The GPLv2 licence on the Linux kernel is generally agreed upon 
(whether one likes it or not is a different question, but all 
contributors are aware that it applies) and has even been successfully 
enforced at court, which makes your attempts of finding a way to 
possibly interpret it differently kinda strange.


> Dave

cu
Adrian

-- 

       "Is there not promise of rain?" Ling Tan asked suddenly out
        of the darkness. There had been need of rain for many days.
       "Only a promise," Lao Er said.
                                       Pearl S. Buck - Dragon Seed

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