CDDL+GPL and stuff

[Arnoud Engelfriet]

Konstantin Svist wrote:
> Arnoud Engelfriet wrote:
> >The question is, is your separate project really separate or actually
> >still a derivative work? If it is the latter, it does not matter how
> >you organize or publish it. You need permission to create a
> >derivative work.
> 
> So you're saying the question is not whether someone distributes a 
> binary that includes both module and kernel already linked, but the mere 
> fact that the module is written so as to link to the kernel?

No, I'm saying that you have to look at whether the module
qualifies as a "derivative work" under copyright law. The mechanism
used for interaction with the pre-existing work (the kernel) is
not the criterion for that, although it can be an indication.

> In other words, "linking" does not refer to the actual process by which 
> a binary program is built, but rather the process of writing code that 
> will be able to "link".

The question is, did you write the code independently or did
you base yourself on kernel code? In the latter case, the code
is a derivative work of the kernel code *regardless* of how the
two interact.

For example, if I copy&paste some code from the kernel in my own
program which I sell separately, it's a derivative work even though
no linking is going on.

If I take an old UNIX device driver that surprisingly happens to work 
without modification under Linux, it's not a derivative work
even though it links. 

> You're also saying that the current argument is about quantifying the 
> "rules of thumb" such as listed at 
> (http://en.wikipedia.org/wiki/Derivative_work#Derivative_work_of_software) 
> - specifically whether creating a plugin for a library constitutes a 
> "derivative work"... something like that?

"The definition of derivative works of software is not entirely clear".
Quite. 

I'm not writing rules of thumb. Right now I'm not sure if it is
even possible to write such rules of thumb. So much depends on the
circumstances and the intent of the author.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/