Read the GPL license before you argue with Linus. He is not stupid so he can predict his actions. Who is the owner of the individual bits of the Kernel? Is the proprietary kernel module from Nvidia a derived work or not? By US courts distributing is not about downloading but about making the download available! Interesting, should you lock out bad uses? Linus is nitpicking and pointing out his role as “Primus inter Pares“. Caveat Emptor. Quote: “So the very *definition* of the word “Program” is indeed limited by the notion of “derived work” – as defined by copyright law, and NOT the GPLv2.”