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

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Date:	Fri, 08 Feb 2008 00:11:10 +1030
From:	David Newall <davidn@...idnewall.com>
To:	Marcel Holtmann <marcel@...tmann.org>
CC:	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 wrote:
> Hi David,
>
>   
>>> I think you're missing my point: as long as the license stays the way
>>> it is now, you can never distribute proprietary code unless you've
>>> consulted a lawyer and even then you run the risk of being sued for
>>> infringement if the copyright holder thinks what you have is derived
>>> work.
>>>       
>> Yes I can, if the proprietary code is not linked with GPL code (and the 
>> proprietary code is original).  Loadable modules are not linked.  This is a 
>> very clear-cut case.
>>     
>
> that is not clear-cut case. You link at run-time. Otherwise the module
> would do nothing.

That's why it's allowed.  The module isn't linked when it's distributed,
and the author doesn't do or cause the linking; the user does.  And the
user never distributes in the linked state.  Distribution is key to GPL.
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