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

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Date:	Thu, 15 Feb 2007 18:30:33 +1100
From:	Neil Brown <neilb@...e.de>
To:	"v j" <vj.linux@...il.com>
Cc:	"Trent Waddington" <trent.waddington@...il.com>,
	"Dave Jones" <davej@...hat.com>, linux-kernel@...r.kernel.org
Subject: Re: GPL vs non-GPL device drivers

On Wednesday February 14, vj.linux@...il.com wrote:
> I am well aware of what Greg KHs position is, in fact he is the reason
> I started the whole rant. This is only a plea to the "higher
> authorities". Linus, please save Linux!

Linus is not in any position to do anything.  The die is cast.

You should speak to a lawyer.

The key issue is this:  
   Does combining your work with Linux create a derived work.

  If it does not, you have nothing to worry about.
  If it does, then maybe you should worry.

  If someone who owns copyright in part of the Linux kernel that you
  are using, decides that they think you have created a derived work,
  then they might bring this to your attention and ask you to abide by
  the conditions in the license under which you obtained the Linux
  kernel.  If no suitable resolution can be found, they might take you
  to court for using their protected work without a valid license (The
  GPL becomes void if you breach it's requirements).

  And then the judge might or might not find against you.  But it is
  very hard to know in advance how the judge will decide in a
  particular case.  Hence the best advice is to speak to a lawyer,
  They have the best chance of advising your how to minimise your
  risk.

I hope that makes the situation clear enough.

NeilBrown
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