Does linux use GPL or not??

[kmself at ix.netcom.com]

On Mon, Aug 07, 2000 at 09:57:48PM -0700, David Johnson wrote:
> On Mon, 07 Aug 2000, Kristiono Setyadi wrote:
> > On Mon, 7 Aug 2000, David Johnson wrote:
> > 
> > > If you modified the kernel and distributed it under a different
> > > license, you will get in serious trouble. It is not a crime exactly,
> > > but a copyright violation. When you go to court it will be to a civil
> > > court not a criminal court.
> > 
> > What about the other version of Linux (like RedHat, Slackware, etc.)?
> > Can we say that the Kernel of the Linux have been changed?
> 
> All of the different Linux distributions use the same kernel. Some will
> use different patches or modifications that the others don't, but all
> of these patches are also under the GPL. So far, the kernel has not
> forked, and I doubt that it will unless there is a technical reason to
> do so.

Not strictly true, nor relevant to the discussion.

What all Linux distributions *do* use is a kernel which is derived from
the one Linus Torvalds (and other kernel hackers) have released under
the terms of the GNU GPL.  Ownership of copyright transmits  through
derived works (the laywers here may want to wordsmith that, but I
believe the gist is correct).  

The various Linux kernels, and the distributions they are distributed
with, contain copyrighted code written by Torvalds and others.  The
license by which the code is allowed to be distributed is the GPL.  All
kernels need not be identical.  They are, however, a set of derived
works under copyright law.

IANAL.

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