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Date:      Mon, 14 Jun 1999 17:43:40 -0700 (PDT)
From:      Tani Hosokawa <>
To:        David Schwartz <>
Cc:        Dag-Erling Smorgrav <>, David Kelly <>, Morten Seeberg <>, freebsd-chat@FreeBSD.ORG
Subject:   RE: SGI Donated Journalised FS Source to Linux
Message-ID:  <>
In-Reply-To: <000001beb642$65385540$>

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I don't see as how the kernel module would be "stealing" from the kernel
at all.  From a module's perspective, the kernel just has an API that it
has to conform to.  In fact, a kernel module is only really a highly
specialized form of executable, and I think it would be inane to suggest
that all Linux executables be GPL'd because they happen to use various
kernel hooks in order to operate.

XFS is a concept all on its own, and it doesn't require the kernel to
exist.  It can be attached to any operating system.

What Dag is thinking of, I assume, is the clause in the GPL that states
that if a GPL'd component is included (bundled) with another product, the
latter product must be GPL'd.  It doesn't work in reverse, and I don't see
the situation being the Linux kernel being bundled as part of the XFS

Just thoughts and jots...

On Mon, 14 Jun 1999, David Schwartz wrote:

> 	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.
> 	DS
> > 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".
> >
> > DES
> > --
> > Dag-Erling Smorgrav -
> >
> >
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> >
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tani hosokawa
river styx internet

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