linux-kernel - Re: rt73usb: support for wireless in Kohjinsha subnotebook

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Date:	Tue, 23 Oct 2007 10:05:12 -0400
From:	Dan Williams <dcbw@...hat.com>
To:	Pavel Machek <pavel@....cz>
Cc:	Daniel Hazelton <dhazelton@...er.net>,
	Ivo van Doorn <ivdoorn@...il.com>,
	Luis Correia <luis.f.correia@...il.com>,
	kernel list <linux-kernel@...r.kernel.org>,
	linux-wireless@...r.kernel.org, rt2400-devel@...ts.sourceforge.net,
	mwallis@...ialmonkey.com
Subject: Re: rt73usb: support for wireless in Kohjinsha subnotebook

On Tue, 2007-10-23 at 00:00 +0200, Pavel Machek wrote:
> Hi!
> 
> > > > Yes, I'm quite sure. There's MODULE_LICENCE("GPL"), IIRC.
> > >
> > > That doesn't say much, some manufacturers add that line to their driver
> > >  just to prevent the module loader complaining about a non-GPL driver...
> > >
> > > There should be a copyright notice or a license file accompanied with
> > > the driver that clearly states the license of the driver.
> > 
> > Lacking an explicitly stated license it can be argued that, since the 
> > MODULE_LICENSE() macro is meant to define the actual license on the code, 
> > this code is GPL. No, it isn't an explicit definition, but lacking any other 
> > signs of the license, the implicit declaration of it being GPL is (or should 
> > be) enough to deflect charges of copyright infringement.
> 
> Yep, I believe this driver is GPLed. They published the source and
> there's nothing to suggest otherwise, and there's explicit:
> 
> #define DRIVER_AUTHOR                   "Jeff Lee<YY_Lee@...c.com.tw>"
> #define DRIVER_DESC                             "IS89C35 802.11bg WLAN USB Driver"
> MODULE_LICENSE("GPL");

If there isn't an explicit COPYING or LICENSE file or something
distributed with the driver, and if there aren't copyright/license
headers at the top of the files in question, I have a hard time agreeing
that MODULE_LICENSE("GPL") _definitely_ means that the author has GPL-ed
the driver intentionally.  Of course that's the way it's supposed to
work, but to me this doesn't pass sufficient muster to be definitely
called GPL without additional clarification.

Dan


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