Re: iToaster in violation of GPL?

Mike A. Harris (mharris@meteng.on.ca)
Sun, 27 Jun 1999 02:57:43 -0400 (EDT)


On Sat, 26 Jun 1999, Bernd Eckenfels wrote:

>> This is for the beginning, of course. It's REALLY important check of GPL and
>> we must be ready to go as far as in court :-/ But first thing to do is to
>> ask them gently about Linux, GPL, iToaster and OS sources... And this is duty
>> of Linus I afraid (even he hate such stuff as we all know). Even if Microworks
>> violated copyright of few tens different persons at least with Linux usage...
>
>Well.. of course there is a lot of non-GPL Code in the kernel...

No. The kernel is a "whole" work. The kernel is GPL, and as
such, any smaller part of it is also GPL. I think what you
_really_ meant to say is that the kernel has code in it of which
*THE ORIGINAL* code was not GPL.

Any source code, regardless of it's original license, if brought
into any GPL'd source code project, _becomes_ automatically
itself GPL. This assumes that the original license and the GPL
are compatible however, such as the BSD license. As such, the
code borrowed from a BSD licenced source once incorporated into a
GPL licenced source, is now GPL itself, and cannot be removed
from GPL unless dually licenced and all authors of the GPL'd work
as a whole all agree on the dual licensing.

--
Mike A. Harris                   Linux advocate      GNU advocate
Computer Consultant                          Open Source advocate  

Tea, Earl Grey, Hot...

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