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SubjectIs it OK to release non-GPL network driver with source?
My company is currently working on a linux network driver (I'm sorry,
but I can't disclose which company or the nature of the driver right
now). However, recent discussions on this list have made me grow
concerned about licensing problems with the GPL.

The source code for the driver _is_ going to be available, but it will
not be GPL'd. There are no patches to the kernel involved. I
understand that there should be no problems, but the use of inline
functions in the kernel header files makes the situation a bit more
complicated. The compiled binary code then does contain GPL'd code,
so would it not then be considered a "derivative work"?

If indeed this is a violation of the GPL, is there any way around this
by releasing only the source code (even though it isn't GPL'd)? I
mean, the compiled binary code does contain GPL'd code, but the source
code does not. Is it OK to distribute this?

So, I'm asking the experts here for opinions or insights.


--
Dave Allen
daveallen@acm.org
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