linux-kernel - Re: [PATCH] USB: mark USB drivers as being GPL only

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Date:	Thu, 7 Feb 2008 14:15:57 +0000
From:	Alan Cox <alan@...rguk.ukuu.org.uk>
To:	David Newall <davidn@...idnewall.com>
Cc:	Adrian Bunk <bunk@...nel.org>, Chris Friesen <cfriesen@...tel.com>,
	Greg KH <greg@...ah.com>,
	Christer Weinigel <christer@...nigel.se>,
	Pekka Enberg <penberg@...helsinki.fi>,
	linux-usb@...r.kernel.org, linux-kernel@...r.kernel.org
Subject: Re: [PATCH] USB: mark USB drivers as being GPL only

> > IANAL, but when looking at the "But when you distribute the same 
> > sections as part of a whole which is a work based on the Program, the 
> > distribution of the whole must be on the terms of this License" of the 
> > GPLv2 I would still consult a lawyer before e.g. selling a laptop with a 
> > closed-source driver loaded through ndiswrapper.
> 
> Don't ignore, "mere aggregation of another work not based on the Program
> with the Program (or with a work based on the Program) on a volume of a
> storage or distribution medium does not bring the other work under the
> scope of this License."  Static linking certainly makes something part
> of the whole; dynamic linking doesn't.

Wrong again. You really are quite amusing. The test is "derivative works"
not linking. Linking is a meaningless (in law) computing term with no
place. Legal precedent for combining of works is drawn from things like
shipping a book and a commentary on the book together, putting music to
films, putting photos in a book. These are not "linking"

And I know what the lawyers I've talked to have said about the case of
shipping proprietary modules with the OS. Its a pretty definite "bad idea"

Alan

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