Re: from the libertarian newspaper - the topic that won't die! (Actually GPL)

On Thursday 25 January 2007 10:14, Hal Duston wrote:

Refering to another work, e.g. #include doesn't make the source code a derivative work. If I have created the source code as an original work and don't include any of the referenced work, but only refer to (#include) it, it is not derivative work, and I can distribute it under any terms I may desire. In order for a work to be a derivative work, the work needs to actually include the other work and not merely refer to it.

Mere referencing would not make a kernel module possible. You need to copy symbol names and derive code from function arguments and Linux-invented structures.