> If you take the plot from an episode of Star Trek and modify it such that it fits into the Dr Who storyline, you've created a work that's derivative of both Star Trek and Dr Who. Similarly, if you take code from Solaris and modify it such that it tightly integrates with Linux, you've created a work that's derivative of both Solaris and Linux. Since ZFS can only be distributed under the CDDL and since GPLv2 requires all derived works to be distributed under the GPL, you can't satisfy the license.
That is analogous to writing a new piece of software intended to be similar to an existing piece of software rather than a port of software under license. Examples of the former include the Linux kernel (meant to be similar to UNIX SVR4) and the wine project (meant to be similar to Windows). If that argument is valid:
1. Oracle is in an excellent position to sue every Linux user not using Oracle Linux, because they own rights to UNIX SVR4, which they inherited from Sun.
2. Microsoft is in an excellent position to sue wine users.
3. James Cameron and 20th century Fox would also be in trouble with Disney for Avatar's similarities to Pocahontas.
4. Probably plenty of other bad things.
However, this argument does not apply to ZoL because the code originated in OpenSolaris and is under license and exists as a discrete module, rather than a whole program.
So far, the only thing that you have concretely stated is that you met some attorneys who were unwilling to make a decision on legality. You are not an attorney (unless you have obtained a bar number since I last asked) and I have yet to hear that anyone with a bar number that agrees with you.
If you want to prohibit people from using software you write with things that you consider to be derivatives when the law does not recognize them as such, you need a license that makes that explicit. Such a license could not be called an open source license under clause #9 of the open source definition:
> That is analogous to writing a new piece of software intended to be similar to an existing piece of software rather than a port of software under license.
I take ZFS from Solaris. I rewrite it to work with Linux. In which sense is this not equivalent to my analogy? The examples you're giving are not equivalent, because in each case the work was written without deriving from the other copyrighted work.
> However, this argument does not apply to ZoL because the code originated in OpenSolaris and is under license and exists as a discrete module, rather than a whole program.
That's an entirely arbitrary distinction.
> So far, the only thing that you have concretely stated is that you met some attorneys who were unwilling to make a decision on legality.
> If you want to prohibit people from using software you write with things that you consider to be derivatives when the law does not recognize them as such
> I take ZFS from Solaris. I rewrite it to work with Linux. In which sense is this not equivalent to my analogy? The examples you're giving are not equivalent, because in each case the work was written without deriving from the other copyrighted work.
I take it that you never actually read the ZFSOnLinux source code.
It is not really rewritten. There is a compatibility layer in place to prevent the need to rewrite much of the code and a very small percentage of the original kernel code actually changed to support Linux, but what did change was meant to use for interfaces that are provided by the kernel to allow proprietary modules to be ported, which suggests any license is fine.
However, the claim that writing a brand new TV show script inspired by another forms a derivative work is to claim that writing things from scratch forms a derivative work.
Do you have bar numbers of these lawyers? Is there any reason to think that they were thinking that zfs.ko somehow used GPL exported symbols or some other thing that is not actually true that does not involve taking your word for it? I did have one person going to law school tell me that it was a derivative work because of that. He did not think he could claim otherwise after an explanation that the code does not do that.
Given that your legal views are so incredibly divorced from those of actual lawyers with whom I have talked, I am not inclined to believe you when you say that they had no misunderstanding, especially when it seems that you have never actually read the code to be able to be sure of that.
It has several direct calls into Linux functionality that don't go via SPL, but it's also unclear that simply adding an abstraction layer is a meaningful mechanism to avoid derivation.
> what did change was meant to use for interfaces that are provided by the kernel to allow proprietary modules to be ported
There are no such interfaces in Linux.
> the claim that writing a brand new TV show script inspired by another forms a derivative work is to claim that writing things from scratch forms a derivative work.
I didn't make that claim. The analogy in question involves taking an existing work and modifying it such that it includes components of another work.
> It is the distinction lawyers are making.
It's the distinction a lawyer that you've spoken to is making.
> Do you have bar numbers of these lawyers?
Yes.
> Is there any reason to think that they were thinking that zfs.ko somehow used GPL exported symbols or some other thing that is not actually true that does not involve taking your word for it?
No.
> Your claims are inconsistent with that.
My claim is that I have reason to believe that, under copyright law, ZoL is a derivative work of Linux and as such is subject to the terms of the GPL. If the final legal determination is that it's not a derivative work then the GPL is irrelevant.
That is analogous to writing a new piece of software intended to be similar to an existing piece of software rather than a port of software under license. Examples of the former include the Linux kernel (meant to be similar to UNIX SVR4) and the wine project (meant to be similar to Windows). If that argument is valid:
1. Oracle is in an excellent position to sue every Linux user not using Oracle Linux, because they own rights to UNIX SVR4, which they inherited from Sun.
2. Microsoft is in an excellent position to sue wine users.
3. James Cameron and 20th century Fox would also be in trouble with Disney for Avatar's similarities to Pocahontas.
4. Probably plenty of other bad things.
However, this argument does not apply to ZoL because the code originated in OpenSolaris and is under license and exists as a discrete module, rather than a whole program.
So far, the only thing that you have concretely stated is that you met some attorneys who were unwilling to make a decision on legality. You are not an attorney (unless you have obtained a bar number since I last asked) and I have yet to hear that anyone with a bar number that agrees with you.
If you want to prohibit people from using software you write with things that you consider to be derivatives when the law does not recognize them as such, you need a license that makes that explicit. Such a license could not be called an open source license under clause #9 of the open source definition:
https://opensource.org/osd-annotated
Consequently, the GPL is definitely the wrong license for that.