Message-ID: <48F55398.10005@nortel.com>
Date: Tue, 14 Oct 2008 20:21:12 -0600
From: "Chris Friesen" <cfriesen@nortel.com>
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To: Kaz Kylheku <kkylheku@gmail.com>
CC: linux-kernel@vger.kernel.org
Subject: Re: GPL question: using large contiguous memory in proprietary driver.
References: <3f43f78b0810141456r159d71e7h9763e50e7dbc0c51@mail.gmail.com> <48F5193B.1010601@nortel.com> <3f43f78b0810141623s4282f9eof87014d2dee17810@mail.gmail.com>
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Kaz Kylheku wrote:
> On Tue, Oct 14, 2008 at 3:12 PM, Chris Friesen <cfriesen@nortel.com>
> wrote:
> 
>> Kaz Kylheku wrote:
>> 
>> 
>>> I have the following question. Suppose that some proprietary
>>> driver (otherwise completely clean, based only on non-GPL
>>> symbols)
>> 
>> The fact that it's not using GPL symbols does not actually mean
>> that the driver is not a derivative work of the kernel (and thus
>> subject to the GPL).
> 
> 
> But thanks to the gracious tolerance of the kernel development 
> community, such drivers are permitted to exist.

If you're thinking of something like the Nvidia driver, the binary 
portion of that driver is cross-platform and is not a derivative work of 
the kernel.

If you sit down and write a new driver for linux, is is arguable that it 
is in fact a derivative work of the kernel and is thus subject to the GPL.

This may of course vary based on location, but I strongly suggest that 
you consult suitable legal advice before proceeding.

Chris
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