linux-kernel - Re: GPL question: using large contiguous memory in proprietary driver.

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Date:	Wed, 15 Oct 2008 08:30:26 +0300
From:	Adrian Bunk <bunk@...nel.org>
To:	Kaz Kylheku <kkylheku@...il.com>
Cc:	Chris Friesen <cfriesen@...tel.com>, linux-kernel@...r.kernel.org
Subject: Re: GPL question: using large contiguous memory in proprietary
	driver.

On Tue, Oct 14, 2008 at 04:23:37PM -0700, 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.
>...

"tolerance" = "it has not yet been brought to court"

There is no explicit permission of any kind for doing this, and it can 
be might to court in any country based on the local copyright law at
any time.

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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