[..] get a license to use it only “to the extent that such component is .. Distributed with, or for use with, the Linux Kernel (or is the Linux Kernel)”. https://www.openinventionnetwork.com/joining-oin/linux-system/ … So if you wanted to include this hypothetical package in a BSD distribution, you could still be sued.
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what about the kernel itself?
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Yes, it includes the kernel itself.
End of conversation
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Sounds like a good motivation to try and get it upstream then.
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