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

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Date:	Thu, 15 Feb 2007 18:43:18 +1100
From:	Neil Brown <neilb@...e.de>
To:	"v j" <vj.linux@...il.com>
Cc:	"Randy Dunlap" <rdunlap@...otime.net>,
	"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:
> On 2/14/07, Randy Dunlap <rdunlap@...otime.net> wrote:
> > We seem to have different definitions of open and closed.
> 
> Open = 3rd party Linux drivers can be loaded. Closed = No third party
> Linux drivers can be loaded.

Loading a driver is not at issue.  Anyone may load a driver.

The issue is when you *distribute* a driver.
If that driver is a derived work or the Linux kernel, then you may
only distribute it under the terms of the GPLv2, which essentially
means that you make the source code available - under the GPLv2 - to
everyone you give the driver to.

How do you know if the driver is a derived work?
 Well, if it uses POSIX syscalls only, it isn't. (You can write USB
 drivers in user-space which do this).

 If it uses symbols exported with EXPORT_SYMBOL_GPL, then the author of the
 code which provides those symbols thinks that the driver is a derived
 work.

 If it uses EXPORT_SYMBOL symbols, then it is less clear what people
 believe, though there are certainly some who believe it will still
 be a derived work.

But of course the person who's opinion really counts is the judge.  So
you need to get legal advice.

NeilBrown
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