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SubjectRe: GPL vs non-GPL device drivers
On 2/15/07, Geert Uytterhoeven <> wrote:
> On Thu, 15 Feb 2007, v j wrote:

> Personally, I see no real difference between EXPORT_SYMBOL and
> If you derive from GPL'ed code, your code is a derived work.

I agree with you that there's no difference in law, though I think the
difference is that neither creates a derived work. "Derived work" is a
very vague notion in law, and the case law on this has varied over
time. I think it would be a real crap shoot for both sides to bring
this to court, at least in the US.

Note, though, that I DO support the OSS equation and believe that
companies *should not* use closed-source modules, whether it's legal
or not, except in the very specific case of code that also works with
other systems. I think this ethical imperative goes with the nature of
the author's gift to the community.

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