> So, if I were to write a module and release it in source form only, it sure looks like I could do this in a way that would make it not a derivative work of the kernel
The problem of viewing modules as separate work from the kernel us that the module is non-functioning without the kernel.
Lets say I took a painting (Mona Lisa) and cut it into two parts. Is that two works, or two parts of a single work? what legal test could you use? what would a non-technical group of random citizen think?
If the module had a common interface with other kernels like bsd, osx and windows, then it would be much clearer that the module is a separate work from the linux kernel. ZFS, not including the kernel compatibility code, would be such example. A module designed only for linux however is a harder argument.
The problem of viewing modules as separate work from the kernel us that the module is non-functioning without the kernel.
Lets say I took a painting (Mona Lisa) and cut it into two parts. Is that two works, or two parts of a single work? what legal test could you use? what would a non-technical group of random citizen think?
If the module had a common interface with other kernels like bsd, osx and windows, then it would be much clearer that the module is a separate work from the linux kernel. ZFS, not including the kernel compatibility code, would be such example. A module designed only for linux however is a harder argument.