The point was made earlier that a module might include some code expanded from
a macro in a kernel header file.  Producers of binary 
modules could adopt a "clean room" approach (as the first cloners of 
the IBM PC BIOS did) and have one group write a technical specification 
for any necessary kernel headers and have a second group implement 
substitute headers from the specification.
>I also think this is somewhat ridiculous. If I (the binary module 
>maker) distribute a program which effectively replicates the 
>functionality of insmod without the licence checking, and distribute 
>that program with my module, am I violating any restrictions? I don't 
>think so, since it's the end-user that ends up linking the kernel to 
>the module. No linked products are actually distributed... 
In the US it may be a violation of the DCMA prohibition on 
circumvention of "effective access controls" (and perhaps violations of 
corresponding laws in some European countries).  Though that's a whole 
'nother huge legal morass.
 
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