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RE: [ts-7000] SW license

To: "" <>
Subject: RE: [ts-7000] SW license
From: Wouter Simons <>
Date: Mon, 13 Dec 2010 08:09:13 +0100


It is Legal to use kernel drivers with closed source drivers as long as it is defined in the module source with MODULE_LICENSE(“<license>”); This is actually used quite a lot even though a closed source driver will have restrictions in how it can interact with other systems (mainly exporting symbols will not work as expected).

 

Just think of your NVidia drivers for instance.

 

This is particularly useful for modules that are developed in embedded environments because you may be putting proprietary code in a kernel module for your application that contains trade secrets. So allowing non-GPL code in the kernel actually facilitates using Linux in restrictive closed source commercial environments.

 

Best regards,

 

Wouter

 

Van: [ Namens Jason Stahls
Verzonden: maandag 13 december 2010 1:26
Aan:
Onderwerp: Re: [ts-7000] SW license

 

 

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>> I see the same notice in the board-specific OpenCore-files i've been
>> working on (fpga).
>>
>> It would be very interesting if someone from TS could clarify how "CONTAINS
>> CONFIDENTIAL,
>> PROPRIETARY AND TRADE SECRET INFORMATION OF TECHNOLOGIC SYSTEMS" should be
>> interpreted and related to, and if there is a general "PRIOR WRITTEN
>> PERMISSION AND CONSENT OF TECHNOLOGIC SYSTEMS" for the files available from
>> the ftp.
>>
>
> If this is being distributed as part of Linux binaries, compiled into a
> kernel they are providing then clearly it is a GPL violation. You can't add
> propreitary extensions to the Linux kernel. You must make the source
> available to all those you provide binaries to, and it must be licensed
> under the GPL. Putting any restrictions on code distributed as part of Linux
> is not permitted.

That's not totally accurate AFAIK, but ether way both of the examples
given so far weren't kernel modules, or patches to GPL software. What
TS chooses to expose about their FPGA loads is their business and the
other C source file sure didn't look to be a patch or kernel module. You
can put restrictions on a Linux distro by including proprietary or
non-GPL binaries, you just have to make available all the GPL source and
any patches you made to any GPL code. If your binaries don't contain
any GPL modules or code you're free to keep it's source as tightly
locked up as you want. This whole bit is one of the really big problems
with the GPL since even patent/copyright lawyers can't seem to agree on
exactly how far it spans and if using GPL'd libc functions makes your
app fall into GPL ect.

- --
Jason Stahls
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