Intellectual property attorney Edward Naughton hit the headlines last week claiming that Google stole Linux code and passed it on in a derivative work without using the GPLv2 license.
No one has filed a lawsuit claiming that yet, and Torvalds says that is probably because the claims are bogus.
Torvalds said that Naughton’s conclusion that Google’s use of the Bionic Library resulted in a deriviative work that had to be licensed under GPL was untrue.
Talking to IT World, Torvalds said that the kernel system call interfaces do not in any way result in a derived work as per the GPL.
An email from Open Sauce guru Richard Stallman penned in 2003 also says the argument is silly. He wrote that Free Software Foundation did not think that including a header file always makes a derivative work.
Stallman said that a more “substantial amount of code” is needed to create a derivative work.