Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

From: Ingo Molnar
Date: Fri Jun 15 2007 - 08:29:45 EST

* David Woodhouse <dwmw2@xxxxxxxxxxxxx> wrote:

> > For example i'd say VMWare's ESX bin-only module is likely derived
> > from the Linux kernel and should be distributed under the GPL, but
> > that for example the ATI and nvidia drivers, although being a large
> > PITA for all of us, are possibly independent works.
> And thus not affected by the GPL _if_ they are distributed as separate
> works in their own right. But if you bundle them with the kernel into
> a product, the GPL has something to say about that.

yeah. Section 2 of the GPLv2 takes a permissive (and IMO correct)
approach here:

Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.

In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.

the argument is quite strong that the linking of two independent works
is "mere aggregation" as well. (as long as they are truly separate

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