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Comment: Re:I'm dying of curiousity (Score 1) 167

by sjames (#49194515) Attached to: Software Freedom Conservancy Funds GPL Suit Against VMWare

Headers and kernel linking are separate issues. The headers are definitely part of the documented public API.

Meanwhile, when the module system was built for the kernel, all of the modules were GPL and the question wasn't even considered. It's a bit of a special case, when it's Free software, what constitutes the public API? Linux clarifies that marking the function as _GPL makes it the public API in kernel space.

In non-Free software, non-public API is that which is not in the headers or that which no proper way to access it is provided. Effectively, "intent of author" has always been the standard, Linus just documents it a lot more clearly than others.

Oracle should lose. I simply can't see bare documentation of an API as a creative work and simply offering the same API is more akin to writing a distinct work in the same genre than it is to copyright violation. Otherwise, there could only ever be one detective novel (if you've seen one McGuffin, you've seen them all) and one space opera, etc. That is, nearly every environment has a read function that takes some sort of handle (generally returned by an open function), a size, and a destination. There's not many ways to express that in a header.

Comment: Re:Fascinating ship (Score 1) 114

The thing is, there are so many consequences for being the first to go nuclear it actually detracts from the threat.

OTOH, big deck guns can pound away for days for less than the cost of a single missile.

The continuous nature of it wears on the enemy in the way a single missile doesn't.

Comment: Re:I'm dying of curiousity (Score 1) 167

by sjames (#49190877) Attached to: Software Freedom Conservancy Funds GPL Suit Against VMWare

The deciding factor is whether or not it is using the defined API. If so, it is mere use and not derivation.

If the kernel has to be modified to add an API, there would be a clear violation. If the driver is digging underneath the public API, it is on very shaky ground.

In the case of the Linux kernel, the line has been made very clear for modules. The module declares it's license and the kernel decides based on that what will or will not be linked.

"There is no statute of limitations on stupidity." -- Randomly produced by a computer program called Markov3.