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

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Date:	Fri, 08 Feb 2008 00:09:54 +1030
From:	David Newall <davidn@...idnewall.com>
To:	Greg KH <greg@...ah.com>
CC:	Marcel Holtmann <marcel@...tmann.org>,
	Pekka Enberg <penberg@...helsinki.fi>,
	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

Greg KH wrote:
> On Tue, Feb 05, 2008 at 10:09:07PM +1030, David Newall wrote:
>   
>> 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. 
>>     
>
> Again, you are wrong, as per the recommendations of every lawyer I have
> ever talked to (and unfortunatly, that's a lot...)
>   

These words carry little weight as they are hearsay.  You say that
somebody told you something, but you don't who and you don't say
precisely what, and on that basis you claim a conclusion.  What you
surely mean is that it's your opinion that I'm wrong, based on your
interpretation of recommendations by lawyers.  And since when did a
lawyer ever give their opinion unequivocally?  In my experience they
always mince their words, providing no bankable guarantee.
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