Messages in this thread | | | Date | Tue, 14 Oct 2008 20:21:12 -0600 | From | "Chris Friesen" <> | Subject | Re: GPL question: using large contiguous memory in proprietary driver. |
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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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