Re: New licence and driver SDK ?

Alexander Terekhov <[email protected]>
Newsgroups gmane.comp.xfree86.forum
Message-ID <[email protected]>
Sven Luther wrote:
> 
> Hello,
> 
> A new problem with the new licence was taken to my attention, concerning
> the SDK. It seems some files of the SDK, which are linked with the
> hardware drivers may be affected by the licence change, which would
> preclude pure GPLed third party drivers.

Linking doesn't constitute creation of derivative work. The resulting
"combined work" (executable/tarball/bootable-image/CD/whatnot) is a 
compilation (see the statute), not a derivative work.

http://www.digital-law-online.com/lpdi1.0/treatise27.html
(see VI.D.4. Derivative Works and Compilations)

Read also the following message (and the entire thread):

http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:7690

<quote>

No open source license can prohibit any licensee from creating 
proprietary combinations of independently-created proprietary 
and open source software that merely work together through APIs. 
Such combinations are not "derivative works" of software.

</quote>

regards,
alexander.

P.S. http://www.opensource.org/licenses
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