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Comment: Re:I'm dying of curiousity (Score 1) 116

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.

Some people have a great ambition: to build something that will last, at least until they've finished building it.