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Message-ID: <48F55398.10005@nortel.com>
Date:	Tue, 14 Oct 2008 20:21:12 -0600
From:	"Chris Friesen" <cfriesen@...tel.com>
To:	Kaz Kylheku <kkylheku@...il.com>
CC:	linux-kernel@...r.kernel.org
Subject: Re: GPL question: using large contiguous memory in proprietary driver.

Kaz Kylheku wrote:
> On Tue, Oct 14, 2008 at 3:12 PM, Chris Friesen <cfriesen@...tel.com>
> wrote:
> 
>> Kaz Kylheku wrote:
>> 
>> 
>>> I have the following question. Suppose that some proprietary
>>> driver (otherwise completely clean, based only on non-GPL
>>> symbols)
>> 
>> The fact that it's not using GPL symbols does not actually mean
>> that the driver is not a derivative work of the kernel (and thus
>> subject to the GPL).
> 
> 
> But thanks to the gracious tolerance of the kernel development 
> community, such drivers are permitted to exist.

If you're thinking of something like the Nvidia driver, the binary 
portion of that driver is cross-platform and is not a derivative work of 
the kernel.

If you sit down and write a new driver for linux, is is arguable that it 
is in fact a derivative work of the kernel and is thus subject to the GPL.

This may of course vary based on location, but I strongly suggest that 
you consult suitable legal advice before proceeding.

Chris
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