What this kind of analysis, which is very common, misses is this: there&#x27;s potentially two &quot;works&quot; that need talking about here, not just one.<p>One work is the module, considered in isolation.  Is that a derivative of the kernel? Possibly, but that&#x27;s a reasonably high bar to clear.  If it&#x27;s not, distributing the module by itself can be done entirely without reference to the Linux kernel&#x27;s license.<p>The other potential work though is the module-and-Linux-kernel (and possibly many other bits too), delivered as one combined work.  Is <i>that</i> a separate work as per copyright law? If so, is that work a derivative (of both the kernel and the module)? This is a much lower bar, and means that the combined work can only be distributed in accordance with the licenses of both the kernel and the module.