Re: Is it illegal to distribute Linux kernel? KDE precedent.
In fact Linus has given blanket permission for anything which is linked
with the kernel dynamically (ie applications, libraries, kernel modules)
to not be under the GPL.
In the GNU/Linux system, applications and libraries are not linked
with the kernel--not statically, and not dynamically. They are linked
with GNU libc.
Non-free applications are permitted on GNU/Linux because the GNU
Project put GNU libc under the LGPL rather than the GPL.
A number of GPL-covered GNU programs are linked with some BSD files.
I used to think that the conflict was insignificant because our lawyer
told me that the BSD advertising clause was legally void under US law.
That meant it was a no-op, so it could not conflict with anything.
However, later I learned that in some countries the clause might be
enforcible, which means it is not a no-op, so it can conflict.
I hope this will get solved by Berkeley's changing its license.