linux-kernel - Re: GPL vs non-GPL device drivers

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Date:	Thu, 15 Feb 2007 19:48:37 -0600
From:	"Scott Preece" <sepreece@...il.com>
To:	"Gene Heskett" <gene.heskett@...izon.net>
Cc:	linux-kernel@...r.kernel.org, "v j" <vj.linux@...il.com>,
	"Theodore Tso" <tytso@....edu>, "Dave Jones" <davej@...hat.com>
Subject: Re: GPL vs non-GPL device drivers

On 2/15/07, Gene Heskett <gene.heskett@...izon.net> wrote:

> This definition seems to be a bit like nailing jelly to a tree in that so
> far only one companies legal dept has pursued this to the point of
> actually getting a court verdict rendered.  That was the German ruling a
> link was given to earlier in this thread(s).
---

The German decision did not go anywhere near the question of kernel
modules. It was a nice victory that the court decided the license was
enforceable, but the details of the license are still largely
untested.

---
> ...

> I'm a bit like Clint Eastwood here, do you feel lucky?  If not, then
> please comply with the terms of the software you have chosen to base your
> product on.
---

Note that it's not just "lucy", but "rich". Both sides would spend a
LOT of money if this went to court in the US. And, of course, "the
terms of the software [license]" are exactly what the case would be
deciding. There wouldn't be a case unless the two parties had
different views of the terms of the license.

---
> As you have been told here repeatedly, a distribution to
> your customers of code that is based on the GPL'd kernel headers does
> bring you into non-compliance with the terms of the GPL.  You can do
> anything you want in house, but the minute that code ships, that is
> a "distribution" and the GPL applies in full force in that its all made
> GPL, or you cannot legally ship it.  I don't know how it can be said any
> plainer than that.  But of course IANAL, so talk to yours, please.
---

I also ANAL, but even so I can point out that your assertion and Greg
KH's assertions do not have the force of law.  Questions like "what is
a derived work" and "what does 'unrelated' mean" in the license are
just not black-and-white.

I don't like niggling about interpretation, either, especially with
material that someone has contributed to the community; I think it's
rude and possibly unethical and that not testing the limits avoids any
danger of impropriety. But claiming it's clear what the license
requires is simply misleading.

scott
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