Subject: Re: GPL Violation?
From: Arjan van de Ven <arjan@infradead.org>
To: Patrick McFarland <diablod3@gmail.com>
Cc: Anonymous User <anonymouslinuxuser@gmail.com>,
       linux-kernel@vger.kernel.org
In-Reply-To: <200608170242.40969.diablod3@gmail.com>
References: <40d80630608162248y498cb970r97a14c582fd663e1@mail.gmail.com>
	 <200608170242.40969.diablod3@gmail.com>
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Organization: Intel International BV
Date: Thu, 17 Aug 2006 08:54:16 +0200
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On Thu, 2006-08-17 at 02:42 -0400, Patrick McFarland wrote:
> On Thursday 17 August 2006 01:48, Anonymous User wrote:
> > I work for a company that will be developing an embedded Linux based
> > consumer electronic device.
> >
> > I believe that new kernel modules will be written to support I/O
> > peripherals and perhaps other things.  I don't know the details right
> > now.  What I am trying to do is get an idea of what requirements there
> > are to make the source code available under the GPL.
> 
> I am not a lawyer, and I suggest your company speak with one before doing 
> this. (And most likely, someone from the list will correct me if I get 
> something wrong).
> 
> However, your company only has to release any code they use, preferably in the 
> form of unmodified tarballs (pointing to project websites for downloads isn't 
> valid anymore) plus patches against said unmodified tarballs if modified. If 
> not modified, you still have to release the unmodified tarballs.
> 
> They don't have to release source code for any module you wrote from scratch 
> themselves, but said modules cannot say they are GPL (ie, they have to poison 
> the kernel).

Just as a warning: This is your own legal opinion/advice, one which is
apparently not shared with many other kernel developers, including me.
For example see Greg's OLS keynote:
http://www.kroah.com/log/2006/07/23/#ols_2006_keynote
or some of Linus' emails on this topic:
http://cvs.fedora.redhat.com/viewcvs/*checkout*/rpms/kernel/devel/COPYING.modules?rev=1.5

I hope you have talked to a lawyer about your advice, but I sort of
doubt it since your answer doesn't sound like something a lawyer will
tell you (it sure doesn't match what the various lawyers I talked to
told me, not at all)

Anyway the best advice for anyone who asks such a question is to go talk
to a lawyer, and probably he should take a few of those links printed
out with him just to alert the lawyer about the controversial nature of
things.

Greetings,
   Arjan van de Ven
-- 
if you want to mail me at work (you don't), use arjan (at) linux.intel.com

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