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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: Curtis Monroe <>
Date: Thu, 22 Mar 2007 10:28:25 -0400
On March 22, 2007 08:31 am, Paulo Marques wrote:
> 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 :)

Is this debate only for loaded modules? (i.e. modules not compiled into the 
kernel but loaded with insmod or modprobe)?

And modules compiled directly into the kernel can't be closed source?

-Curtis.


> 
> -- 
> 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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