Samba into kernel

[Steve Langasek]

On Wed, Mar 27, 2002 at 10:16:12AM -0800, Seitz, Matt wrote:

> 2.  Generally, the GPL allows distributing GPL code that links to the kernel
> without distributing source code for the kernel.  Since one can link GPL
> code to the kernel without distributing the source code for the kernel, one
> should be able to distribute a kernel plug-in using GPL code without
> distributing the source code for the kernel.  So in this case, one could
> distribute a Solaris plug-in that uses Samba's GPL code.  Note:  There is
> one exception to the kernel exemption (see below).  

>>Sun has the same rights as everyone else regarding the GPL, including 
>>members of the Samba community.

> Actually, Sun doesn't have the same rights as everyone else.  According to
> the GPL, if one distributes both the kernel and the GPL code, then one loses
> the kernel exemption and must distribute the source for both the kernel and
> the GPL code.  This prevents a kernel writer from using the kernel exception
> to get around the GPL restrictions. 

> Since Sun distribute the kernel, they do not get the GPL exemption allowing
> linking GPL code to the kernel without publishing the source to the kernel.
> So Sun could not distribute a plug-in that uses GPL code and links to the
> Solaris kernel, but anyone else who does not distribute Solaris could.

<quote>
  However, as a special exception, the source code distributed need not
  include anything that is normally distributed (in either source or
  binary form) with the major components (compiler, kernel, and so on)
  of the operating system on which the executable runs, unless that
  component itself accompanies the executable.
</quote>

IOW, even Sun can use this exemption, as long as they don't distribute 
the product that's based on someone else's GPL code together with their 
kernel.  The real question is whether this exemption even lets you get 
away with GPL kernel modules for a non-GPL kernel.

Steve Langasek
postmodern programmer
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 232 bytes
Desc: not available
Url : http://lists.samba.org/archive/samba-technical/attachments/20020327/888f2c37/attachment.bin