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Re: Microsoft's Linux Kernel Code Drop Result of GPL Violation


From: Florian Weimer
Subject: Re: Microsoft's Linux Kernel Code Drop Result of GPL Violation
Date: Fri, 24 Jul 2009 20:13:16 +0200

* Hyman Rosen:

> <http://www.osnews.com/story/21882/Microsoft_s_Linux_Kernel_Code_Drop_Result_of_GPL_Violation>
> <http://blogs.zdnet.com/microsoft/?p=3433>

Apparently, it is unclear that linking GPLed code with proprietary
code results in a GPL violation---if the combination is not used to
restrict use of the combined work (i.e., you still can run and copy it
freely).  I haven't checked recently, but I think Microsoft still does
this with its GCC distribution in Windows Services For UNIX: GCC is
linked against a proprietary libc, and this libc accompanies the
executable (so the system library exception cannot be used).

Of course, this is not very different from what proprietary UNIX
vendors are doing (some of them seem to be eager to use separate
media, though).

Based on the GPL itself, I would have thought that this type of
linking and distribution was forbidden, but the curious lack of
enforcement suggests to me that the parties involved assume that this
part of the license is, in fact, unenforceable.


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