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[ts-7000] Re: Greg Kroah-Hartman's response to SD-flash close source dri

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Subject: [ts-7000] Re: Greg Kroah-Hartman's response to SD-flash close source driver solution:
From: "Jesse Off" <>
Date: Wed, 21 Mar 2007 17:28:36 -0000
> > In other words...Can embedded linux developers hide their close 
source 
> divers 
> > in a custom close source BIOS, that is called from an open 
source "wrapper 
> > module"?
> 
> No.

I disagree.  Inevitably what it would come down to is that somebody 
would have to be able to convince a judge somewhere that the closed 
source BIOS is a derived work of the GPL'ed kernel.  That would be 
quite a stretch if the "BIOS" uses no GPL'ed functions or header 
files and can compile and be useful without Linux or an OS at all.

I believe Linux has an NDIS wrapper driver to allow closed source 
Windows network drivers to be used with Linux on the PC.  Does this 
mean that these Windows drivers must now be made GPL?  This is really 
the same thing.  

> 
> > PCs have close source BIOSes. 
> 
> Some do, some do not.

True, 99.9% do, .1% do not.  Seriously, this seems a ridiculous 
statement-- what brand PC currently ships with an open-source BIOS?

> 
> > My problem is the SD flash card interface is patented and its 
governing body 
> > doesn't allow release of open source drivers for the SD 
interface. 
> 
> That's not true, we have SD drivers in the Linux kernel now.

They are probably MMC drivers, not full SD.  SD cards are backward 
compatible with MMC.  Either that or they were developed illegally or 
reverse engineered in a country that allows that.  SD association 
licenses are pretty clear.  You might be able to get away with it if 
you don't use the word "SD" in any marketing, advertising, or 
documentation for your product but that seems a dishonest way to do 
business.

//Jesse Off



 
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