Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S964981AbXBOHoI (ORCPT ); Thu, 15 Feb 2007 02:44:08 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S964982AbXBOHoH (ORCPT ); Thu, 15 Feb 2007 02:44:07 -0500 Received: from cantor2.suse.de ([195.135.220.15]:45892 "EHLO mx2.suse.de" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S964981AbXBOHoF (ORCPT ); Thu, 15 Feb 2007 02:44:05 -0500 From: Neil Brown To: "v j" Date: Thu, 15 Feb 2007 18:43:18 +1100 MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: <17876.3862.261014.44098@notabene.brown> Cc: "Randy Dunlap" , "Dave Jones" , linux-kernel@vger.kernel.org Subject: Re: GPL vs non-GPL device drivers In-Reply-To: message from v j on Wednesday February 14 References: <9b3a62ab0702142115m4ea7d2c0m6869eb64ef3ee14e@mail.gmail.com> <9b3a62ab0702142116n4069e16cl1bc8f546f41d935@mail.gmail.com> <20070215061149.GE15654@redhat.com> <9b3a62ab0702142227j19386132s870a0e745cfbb8d1@mail.gmail.com> <20070214231143.11ff6b46.rdunlap@xenotime.net> <9b3a62ab0702142328h87365b6i932d4f2c117f7f0e@mail.gmail.com> X-Mailer: VM 7.19 under Emacs 21.4.1 X-face: [Gw_3E*Gng}4rRrKRYotwlE?.2|**#s9D On 2/14/07, Randy Dunlap wrote: > > We seem to have different definitions of open and closed. > > Open = 3rd party Linux drivers can be loaded. Closed = No third party > Linux drivers can be loaded. Loading a driver is not at issue. Anyone may load a driver. The issue is when you *distribute* a driver. If that driver is a derived work or the Linux kernel, then you may only distribute it under the terms of the GPLv2, which essentially means that you make the source code available - under the GPLv2 - to everyone you give the driver to. How do you know if the driver is a derived work? Well, if it uses POSIX syscalls only, it isn't. (You can write USB drivers in user-space which do this). If it uses symbols exported with EXPORT_SYMBOL_GPL, then the author of the code which provides those symbols thinks that the driver is a derived work. If it uses EXPORT_SYMBOL symbols, then it is less clear what people believe, though there are certainly some who believe it will still be a derived work. But of course the person who's opinion really counts is the judge. So you need to get legal advice. NeilBrown - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/