"Derivative Work" for Software Defined

andre at linux-ide.org andre at linux-ide.org
Sun Jan 5 10:04:42 UTC 2003

One of the questions about "Derivative Work" as it relates to binary
only loadable objects, is the creation of a boundary layer of execution.
Specifically, the design and publishing an API which properly glues into
an open source gpl program or kernel(ie loadable modules services) designed
to provide an execution layer between the GPL and Commerial private code.
Where as no GPL code in any form is allowed to touch the Commerial code.
The converse is true, obviously.  The execution layer or boundary.
Now using this reference from 1995, many companies have gotten legal
positions about binary modules.


Now there is:

---------- Forwarded message ----------
Date: Sat, 04 Jan 2003 18:44:49 -0500
From: Richard Stallman <rms at gnu.org>
To: andrew at indranet.co.nz
Cc: andre at linux-ide.org, linux-kernel at vger.kernel.org
Subject: Re: Gauntlet Set NOW!

Linus has the right to permit this, with his code, and so do other
contributors to Linux.  In the GNU Project we usually don't permit
this, and the FSF believes the GPL does not in general permit it, but
occasionally we make an exception when it seems best to do so.

I have no opinion yet about what Andre said, because I cannot form a
clear picture of what he plans to do; I don't know whether it would
violate the GPL, or whether the issue would involve the FSF.  We do
not enforce the GPL for Linux in any case; that is the responsibility
of the copyright holders of Linux.
---------- Forwarded message ----------

A public point about who enforces the rules.

Now what is position can be derived legally in a position or brief to
prevent binary modules period.  I am against denying anyone the freedom
of choice to use closed source objects or only open source ones.

I ship and sell binary only products, so I have an interest in not
restricting people.


Andre Hedrick

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