Mailinglist Archive: opensuse (1839 mails)

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Re: [opensuse] latest kernel update breaks ATI binary driver
  • From: Andrew Joakimsen <joakimsen@xxxxxxxxx>
  • Date: Sun, 26 Sep 2010 16:33:45 -0400
  • Message-id: <AANLkTin3bBKz5Wi0mkkuLex1JV6dgoW_MBJiQc82xUJR@xxxxxxxxxxxxxx>
On Sun, Sep 26, 2010 at 16:20, Anders Johansson <ajh@xxxxxxxx> wrote:
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 it is GPL v2 and they are bound by that. Yes they can if they hold
the full copyright distribute under another license if they so wish,
but if they publish code under GPL v2 they are bound by that and
anyone else can modify the code under GPLv2. They can say what they
want and make you think what they want but if it is GPL there are
certain rights granted, one of which is no further restrictions.
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