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The kernel copyright file expressly states that using the standard system call interface does not create a derivative work. There is no such statement about in-

• ryao 11y ago
  > The kernel copyright file expressly states that using the standard system call interface does not create a derivative work. There is no such statement about in-kernel symbols. There is no legal precedent suggesting that was actually necessary either. Or are you aware of a court case
• prutschman 11y ago
  That's a good assurance that would probably estop a Linux copyright holder from later claiming that a binary using only the system call interface is an infringing derivative work. It doesn't have the power to define a binary module using an internal interface as a derivative work; that can only be done by a court interpreting copyright law in a particular jurisdiction. In the United States, different Federal Circuit courts have different views of what constitutes a derivative work in software.