Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1751189AbXBZArn (ORCPT ); Sun, 25 Feb 2007 19:47:43 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1751201AbXBZArn (ORCPT ); Sun, 25 Feb 2007 19:47:43 -0500 Received: from mail1.webmaster.com ([216.152.64.169]:2631 "EHLO mail1.webmaster.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1751189AbXBZArm (ORCPT ); Sun, 25 Feb 2007 19:47:42 -0500 From: "David Schwartz" To: Cc: "Linux-Kernel@Vger. Kernel. Org" Subject: RE: GPL vs non-GPL device drivers Date: Sun, 25 Feb 2007 16:47:38 -0800 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0) In-Reply-To: <20070225193907.GA1802@elf.ucw.cz> X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 Importance: Normal X-Authenticated-Sender: joelkatz@webmaster.com X-Spam-Processed: mail1.webmaster.com, Sun, 25 Feb 2007 16:47:57 -0800 (not processed: message from trusted or authenticated source) X-MDRemoteIP: 206.171.168.138 X-Return-Path: davids@webmaster.com X-MDaemon-Deliver-To: linux-kernel@vger.kernel.org Reply-To: davids@webmaster.com X-MDAV-Processed: mail1.webmaster.com, Sun, 25 Feb 2007 16:47:58 -0800 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1602 Lines: 40 > > Right, but *why* is he doing that? The answer: It is the most > > practical way > > to write his driver. > Most practical way to get something Windows compatible is to pirate > Windows; I do not think that gives me permission to do so. This is comparing apples to oranges because Windows has an EULA. EULAs, shrink-wraps, or the like change everything. However, your statement is self-contradictory. By definition, to "pirate" something is not to take what is practically needed to make it interoperate with something else. My point is that taking what you practically need to make something interoperate with something else is *not* pirating. It is *not* taking protected content, it is taking function. How hard is this to understand -- you *cannot* use copyright to make any ideas harder to express. A kernel driver to make a particular piece of hardware work with a particular version of Linux *IS* an idea. You cannot own the most practical ways to express an idea -- you can only own the one way you chose to express that particular idea. > Similary, there are many ways to write inline functions present in > headers, and no, embedded developer being lazy does not mean they can > copy those functions into their proprietary module. Yes, it does. Have you read Lexmark v. Static Controls? You can take what you need to interoperate. DS - 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/