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Date:      14 Jun 1999 11:24:52 +0200
From:      Dag-Erling Smorgrav <des@flood.ping.uio.no>
To:        "David Schwartz" <davids@webmaster.com>
Cc:        "Dag-Erling Smorgrav" <des@flood.ping.uio.no>, "Tani Hosokawa" <unknown@riverstyx.net>, "David Kelly" <dkelly@hiwaay.net>, "Morten Seeberg" <morten@seeberg.dk>, <freebsd-chat@FreeBSD.ORG>
Subject:   Re: SGI Donated Journalised FS Source to Linux
Message-ID:  <xzplndnf82j.fsf@flood.ping.uio.no>
In-Reply-To: "David Schwartz"'s message of "Mon, 14 Jun 1999 01:46:29 -0700"
References:  <000001beb642$65385540$021d85d1@whenever.youwant.to>

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"David Schwartz" <davids@webmaster.com> writes:
> > I hope they won't be too busy "reviewing the terms of the XFS license"
> > to read the GPL and discover that it requires them to release XFS
> > under GPL, even if it is "not part of the kernel but rather a loadable
> > module".
> 
> 	FWIW, my lawyers don't agree. If a derived work requires the original work
> in order to be used, you can steal from the original all you want.
> 
> 	For example, if I make a replacement foo.sys for Windows 98, I can steal
> from Windows 98 all I want so long as the finished foo.sys can only be used
> with Windows 98.
> 
> 	After all, what good does it do to steal something if you can only give it
> to those who already have it? What would Microsoft's damages be?
> 
> 	Similarly, a kernel module may have to steal from the kernel, but since it
> can only be used with the kernel, the same rule applies.

You've totally missed the point. Linux is under GPL. The GPL forbids
linking GPLed software with non-GPLed software. SGI can't develop XFS
for Linux without using Linux, and to use Linux they have to agree to
the terms of its license, which forbids them to release software that
links with Linux except under the GPL.

DES
-- 
Dag-Erling Smorgrav - des@flood.ping.uio.no


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