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

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Message-ID: <47AB0101.2050204@davidnewall.com>
Date:	Thu, 07 Feb 2008 23:30:49 +1030
From:	David Newall <davidn@...idnewall.com>
To:	Alan Cox <alan@...rguk.ukuu.org.uk>
CC:	Diego Zuccato <diego@...llo.alma.unibo.it>,
	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

Alan Cox wrote:
>> "Of course", because in many parts of the world, a device who's manufacturer 
>> fails to take reasonable steps to prevent it from being used outside 
>> regulatory limits is illegal.  Providing source code not only is a failure 
>> to take those reasonable steps, but is quite the opposite.  It may even be 
>> viewed as encouraging users to use it inappropriately.
>>     
>
> To my knowledge there is no caselaw on this for software,

In Australia, devices require approval from a regulatory body.  Such
approval is withheld if appropriate safeguards are not applied.


>  nor is it
> clearly so simple - many vendors do provide source, many vendors provide
> windows drivers where any end user can click to specify their country and
> can lie trivially. Many users retrofit US firmware to non US devices and
> its trivial to do. Its a hard problem
Yes it is; but what is simple, is to understand that lack of such
safeguards, even though they are imperfect, does result in refusal to
approve.

> Some (particularly US) companies choose to take a conservative view based
>   
Also, particularly Australia and New Zealand.  I can't imagine France or
Germany would be different.  Where is it different?
> on their pessimistic reading of the intent of the US regulator plus the
> ability of the regulator to do a lot of damage to their business.
>
> The notion they are illegal is a real unknown and the market seems split
> on views of this.
>   

That is what I was saying: To require that only GPL-licenced USB drivers
may be used with Linux puts Linux at a disadvantage in the market.  The
embedded market is simply huge.  Microsoft would _love_ Linux to fail
there, because that's what's necessary for Wince to win.
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