linux-kernel - Re: Binary Drivers

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Date:	Thu, 21 Dec 2006 13:32:37 -0700
From:	ebiederm@...ssion.com (Eric W. Biederman)
To:	Tomas Carnecky <tom@...ervice.com>
Cc:	Erik Mouw <erik@...ddisk-recovery.com>,
	Scott Preece <sepreece@...il.com>,
	Alexey Dobriyan <adobriyan@...il.com>,
	James Porter <jameslporter@...il.com>,
	linux-kernel@...r.kernel.org
Subject: Re: Binary Drivers

Tomas Carnecky <tom@...ervice.com> writes:

> The problem is, nobody wants to decide what to do with closed source software in
> Linux. I don't care how you decide, for or against binary drivers (well,
> actually I do but my opinion doesn't matter), just decide already!

The decision from Linus was simple.  Linus will not merge a patch that
attempts to prevent this from at a technical level.  No one has made
any exceptions to the GPL to say that GPL incompatible drivers are
allowed.  Therefore on a legal level kernel drivers with GPL
incompatible drivers are as illegal as the derivative works clause in
copyright law will allow us to make them.  If you want something
firmer you can go talk to your appropriate government about taking the
fuzz out of what is a derivative work. 

As a practical matter people not releasing source aren't playing well with us 
so we are not likely to play well with them.

Eric
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