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

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Date:	Thu, 15 Feb 2007 12:52:46 +0100
From:	Adrian Bunk <bunk@...sta.de>
To:	Neil Brown <neilb@...e.de>
Cc:	v j <vj.linux@...il.com>,
	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 Thu, Feb 15, 2007 at 06:30:33PM +1100, Neil Brown wrote:
> 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.

You missed one point:

In every country you distribute your product, a local kernel developer 
could bring the case to a local court based on local copyright law.

> NeilBrown

cu
Adrian

-- 

       "Is there not promise of rain?" Ling Tan asked suddenly out
        of the darkness. There had been need of rain for many days.
       "Only a promise," Lao Er said.
                                       Pearl S. Buck - Dragon Seed

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