linux-kernel - Re: [PATCH] USB: mark USB drivers as being GPL only

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Message-ID: <courier.47A84ADB.000047C1@hawking.rebel.net.au>
Date:	Tue, 05 Feb 2008 22:09:07 +1030
From:	David Newall <davidn@...idnewall.com>
To:	Marcel Holtmann <marcel@...tmann.org>
Cc:	David Newall <davidn@...idnewall.com>,
	Pekka Enberg <penberg@...helsinki.fi>,
	Greg KH <greg@...ah.com>,
	Christer Weinigel <christer@...nigel.se>,
	linux-usb@...r.kernel.org, linux-kernel@...r.kernel.org
Subject: Re: [PATCH] USB: mark USB drivers as being GPL only

Marcel Holtmann writes:
> if a new drivers is originally written for Linux, then you are breaking
> the GPL.

Completely wrong.  However if the driver is distributed as built-in, then it 
would need to be licensed under GPL.  This means that a driver can be 
written and distributed as a module under any licence, proprietary or 
otherwise, presumably with the restriction that it may NOT be built-in. 

> You driver was meant to be
> running as Linux kernel module and thus it is derivative work.

It is precisely the fact that it is a loadable module, and does not form 
part of the kernel, that removes the requirement to distribute it under GPL. 


> What are you arguing here. It makes no difference if it is technical or
> not. The EXPORT_SYMBOL_GPL gives you a clear hint that when using this
> symbol, you have to obey to the GPL.

And that "hint" is a lie.
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