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

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Subject: Re: [ts-7000] Re: Greg Kroah-Hartman's response to SD-flash close source driver solution:
From: Paulo Marques <>
Date: Thu, 22 Mar 2007 12:31:46 +0000
Jim Jackson wrote:
> On Thu, 21 Mar 2007, Curtis Monroe wrote:
> 
>> Since close source drivers violate the Linux GPL,
>                      ^^^^^^^
> 
> [to be pedantic s/drivers/modules/]
> 
> Anyway this statement is not true. There has been a big discussion on this
> on LKML comparatively recently, and while there is a large divergance of
> opinion on what the module interface should mean re. the GPL, Linus's view
> is definitely that close source modules, while deprecated (hence the
> warnings printed when such modules are loaded), are not violating the GPL.
> 
> http://thread.gmane.org/gmane.linux.kernel/475654/focus=475824

Just to clarify, because I actually follow LKML and read Linus posts on 
the subject, that is not exactly Linus view.

Linus view is that the fact the something is a module is not "per se" an 
indication that it is a derivative work. And that is the concept of the 
GPL: derivative work.

NVidia can make a case by arguing that their closed source driver 
supports both Windows and Linux and therefore can not be considered a 
derivative work from the Linux kernel.

Other modules are probably in a deeper gray area. There are no sharp 
bounds. Being a module is an "indication" that it _might_ be a 
derivative but it is not clear cut.

So you basically can not say "closed source modules are ok" nor "closed 
source modules are always illegal". It is not a matter of "deprecation" 
of closed source modules. It really boils down to the particulars of the 
module: what it does and how it does it...

And as you say, there have been huge discussions on the subject on LKML, 
and even worse, they are recurrent. There is one major flame-fest about 
once a year :)

-- 
Paulo Marques
Software Development Department - Grupo PIE, S.A.
Phone: +351 252 290600, Fax: +351 252 290601
Web: www.grupopie.com

"Don't hit a man when he's down -- kick him; it's easier."


 
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