GPL violation of the Linux kernel?

Miguel de Icaza writes "The people that did the MOSIX cluster system have now made a port for Linux. But they do not provide all the source code of their work. They only provide a binary kernel module which allows the user to run only a cluster of six machines(they show a picture of their 100 cluster node). The binary module requires kernel modifications. (Thus breaking the Linus permission for binary modules). I think we should stand up against this blatant violation of the GPL. " Update: 02/27 11:34 by S : In related news, xose points out other license violations: Linux Network Drivers states "Several drivers have been distributed that are little more than renamed versions of my drivers. Some have my name, the copyright notice or the Gnu GPL license notice removed. The less flagrant violations merely fail to note that the driver has been modified from the original version. (The GPL requires such a note.)"

Update: 02/27 11:05 by S : To clarify Miguel's point: Source must be available for any addition to a GPL'd product. Linus and the other core kernel developers gave a special dispensation to allow binary modules to be inserted into the kernel as long as they do not require kernel modifications of their own.

Some posters argue that this is whining, and we should be grateful for more software on Linux. Others argue Linux must let go of its licensing conditions to succeed. Neither argument is relevant. MOSIX is violating the Linux license: it is a binary kernel module that requires kernel modifications. Just as Microsoft would not tolerate violations of its license, the authors of Linux need not tolerate this violation. The fact Linux is available at no cost is irrelevant: the license is based on copyright law and Linux is not in the public domain.

Other posters believe that Mosix could fork the Linux code base and do what they want. This is incorrect. The license terms are determined by all the authors (copyright holders) of a product. Unless Linus and co agreed to change the license it would not change, fork or no fork.

If it is true that the Israeli government does not allow the source of the Mosix kernel module to be made available, it is my understanding that the GPL states that the Hebrew University may NOT distribute Mosix to anyone.