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Re: Do I have to release the patch for a GPL software under GPL?

From: Bernd Jendrissek
Subject: Re: Do I have to release the patch for a GPL software under GPL?
Date: Fri, 5 May 2006 21:24:40 +0000 (UTC)
User-agent: tin/1.7.10-20050929 ("Tahay") (UNIX) (Linux/ (i686))

Hash: SHA1

In article <>
Dancefire <> wrote:
>I am confusing on GPL now, I need someone to clear me.

Or maybe you're not confused, but just unhappy that it doesn't condone
your desire to take away some of your customers' freedoms.

>Do I have to release the patch under GPL if the patch is for a GPL
>software?  As my understanding, for example, If I modified Linux
>kernel, I do not have to release it under GPL if I use it privately,
>unless I make it public. But how about the patch for the kernel? That
>is, if I generate the patch of my modification for the Linux Kernel,
>and never release the modified Linux kernel to public, however, I want
>to sell the kernel patch of the Linux to customers as whatever license
>as I want, but I don?t want the patch under GPL for some reason. Can I?

Your customers will have to apply the patch themselves.  If you give
them an already patched kernel, you will have to release it to them with
the GPL (modulo BSD-type parts of the kernel) covering the *whole*
derived work, otherwise your redistribution will be in violation of the
only licence you have to redistribute, the GPL (module BSDish and public
domain parts).


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