This is correct. I have sat in legal meetings over this a few times. The only murky area is how much of the original port constitutes a derivative. I would a

This is correct. I have sat in legal meetings over this a few times. The only murky area is how much of the original port constitutes a derivative. I would argue that any legitimate working kernel module ported from one OS to another is enough to show derivation. Others may argue that any large amount of adapting from one kernel to another (e.g. NDIS drivers) creates a new work. The truth is somewhere in the middle.