Mailinglist Archive: opensuse (1839 mails)

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Re: [opensuse] latest kernel update breaks ATI binary driver
  • From: Anders Johansson <ajh@xxxxxxxx>
  • Date: Sun, 26 Sep 2010 22:20:46 +0200
  • Message-id: <1285532446.4909.28.camel@xxxxxxxxxxxxx>
On Sun, 2010-09-26 at 16:13 -0400, Andrew Joakimsen wrote:
Oh of course you need to keep the license, that is part of the GPL v2
the Kernel is licensed under. But these shenanigans are not permitted
by the GPL:

6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.

So I don't see any reason for SUSE (or anyone else) to keep this bloat
in the Kernel, especially when they are hidden in a "security patch"

I think you need to discuss this with a lawyer. The bottom line is that
it is part of an upstream licensing decision, they originate the code so
they are not bound by what the GPL says you can or cannot do. They
decide how their code is licensed, and suse (or any other redistributor)
can't just change that. A module vendor also can't change the header
simply to make his module compile, and it is doubtful if he is allowed
to define the GPL macro even though his code isn't GPL, simply to allow
access to the license protected code

A lawyer may agree with you, I don't know. I think Eben Moglen is
available for such questions, so you could try asking him

Anders

PS. On a semantic issue, it isn't bloat. Bloat is when unnecessary
functions or features go into a binary, resulting in larger and usually
slower binaries. What happened here was entirely compile-time, and has
no effect at all on the size or performance of a compiled binary

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