spinlocks, the GPL, and binary-only modules

[Jeff Garzik]

blah.

So, since spinlocks and semaphores are (a) inline and #included into 
your code, and (b) required for just about sane interoperation with Linux...

does this mean that all binary-only modules that #include kernel code 
such as spinlocks are violating the GPL?  IOW just about every binary 
module out there, I would think...

I'm sure this would make extremeists happy, but I personally don't mind 
binary-only modules as long as the binary-only code [ignoring the 
#included kernel code] cannot be considered a derived work.

But who knows if #include'd code constitutes a derived work :(

	Jeff