Google's use of Linux code in Android questioned

Sam Varghese
Friday, 18 March 2011 09:56

Opinion and Analysis

Google's use of code from the Linux kernel in its Android operating system may be violating the GNU General Public Licence, according to an IP lawyer, Edward Naughton.

Google releases Android under the Apache licence so that those who re-use the code and add their own customisations are under no obligation to release it publicly.

The Linux kernel is released under the GPLv2 which stipulates that any modifications to the source have to be released under the same licence in the event of redistribution.

Prior to Naughton pointing out this possible infringement, Houston Law Center law professor Raymond Nimmer had flagged the possibility on his IP Info blog.

"For example, Google, in creating its Android program based in part on the Linux kernel, uses script to 'cleanse' Linux core header files, removing comments and some code," Nimmer wrote.

"It asserts that the result contains no copyrighted material from Linux and distributes Android generally under an Apache license which is less demanding as a copyleft matter on Google and on resellers than GPL v.2. 

"For there to be no expression remaining, however, what must have been removed is not only the human readable text, but also the expressive features involved in the structure of the header files. This seems difficult to achieve since the goal was to borrow the effectiveness of the Linux system at least in part."