Re: BK kernel workflow

From: Chris Friesen
Date: Fri Oct 29 2004 - 14:48:53 EST


David Schwartz wrote:

This position is conditioned on two facts, either:

1) Linus does not distribute his BK tree, or

2) Linus' BK tree is not a derivative work of the Linux kernel

If both of these are false, then the tree must be covered by the GPL. I
think 2 is clearly false.

The linux tree is certainly a derivative work of itself. The more important (and much more difficult) question is whether the metadata about the tree is a derivative work under the rules of the GPL, or whether it is mere aggregation.

I think you could make a compelling argument that the linux kernel history metadata is *not* covered under the GPL, and hence can be restricted by licensing.

Chris
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