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

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Date:	Wed, 6 Feb 2008 23:04:52 +0200
From:	Adrian Bunk <bunk@...nel.org>
To:	Chris Friesen <cfriesen@...tel.com>
Cc:	David Newall <davidn@...idnewall.com>, Greg KH <greg@...ah.com>,
	Christer Weinigel <christer@...nigel.se>,
	Pekka Enberg <penberg@...helsinki.fi>,
	linux-usb@...r.kernel.org, linux-kernel@...r.kernel.org
Subject: Re: [PATCH] USB: mark USB drivers as being GPL only

On Tue, Feb 05, 2008 at 05:34:23PM -0600, Chris Friesen wrote:
> David Newall wrote:
>> That being said, a module can be written such that it only dynamically 
>> links with the kernel.  Ndiswrapper is an example of how this can be 
>> done: None of the drivers that work under ndiswrapper make any direct 
>> use of the kernel, not in any way, indeed a wrapper could be written 
>> for a different operating system.
>
> The issue is all about "derivative works" in copyright law.
>
> Ndiswrapper is in a good position because the closed-source drivers were  
> originally written for another OS so it's pretty well impossible to  
> argue that they are derived from linux.
>...

IANAL, but when looking at the "But when you distribute the same 
sections as part of a whole which is a work based on the Program, the 
distribution of the whole must be on the terms of this License" of the 
GPLv2 I would still consult a lawyer before e.g. selling a laptop with a 
closed-source driver loaded through ndiswrapper.

> Chris

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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