linux-kernel - Re: Binary Drivers

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Message-ID: <161717d50612211436s4595c873j95d4091ba622d4bc@mail.gmail.com>
Date:	Thu, 21 Dec 2006 17:36:45 -0500
From:	"Dave Neuer" <mr.fred.smoothie@...ox.com>
To:	"Tomas Carnecky" <tom@...ervice.com>
Cc:	"James Porter" <jameslporter@...il.com>,
	"Erik Mouw" <erik@...ddisk-recovery.com>,
	"Scott Preece" <sepreece@...il.com>,
	"Eric W. Biederman" <ebiederm@...ssion.com>,
	"Alexey Dobriyan" <adobriyan@...il.com>,
	linux-kernel@...r.kernel.org
Subject: Re: Binary Drivers

On 12/21/06, Tomas Carnecky <tom@...ervice.com> wrote:
> James Porter wrote:
> > I'm pretty sure Linus has decided, basically he said the patches to
> > prevent non-gpl binary drivers are not going into his tree unless every
> > other tree adopts it. Of course the few supporting won't get off their
> > high horse and try it on a different tree.
>
> .. unfortunately, that doesn't make the legal status any clearer.

Well, FWIW, neither does some "decision" from the kernel authors; it
hinges on what is and what is not a derived work of the kernel, and
the only parties whose opinion matters here (the courts in the various
jurisdictions) haven't ruled on that yet, and won't until such time as
a copyright holder in the kernel sues someone for copyright
infringement.

Dave
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