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

[Luke -Jr]

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.