Messages in this thread | | | From | David Woodhouse <> | Subject | Re: The end of embedded Linux? | Date | Wed, 09 Oct 2002 11:53:29 +0100 |
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david.lang@digitalinsight.com said: > note that you are allowed to distribute a binary-only module as long > as you don't use the GPL-only kernel symbols.
Is this formal legal advice?
> Linus has stated that he doesn't view use of the header files as enough > to make a module a dirivitive work
Linus explicitly refused to collect copyright assignments from contributors. Therefore he doesn't have the authority to make that kind of variation in the licence. And variation it is, in the opinion of many people who own copyright on parts of the Linux kernel.
> (others disagree, but there are a number of binary modules out there)
Indeed others do disagree. And the fact that existing vendors of binary-only modules haven't _yet_ been sued for it is not a guarantee that it will not happen. Unlike trademarks, copyright does not become void if you fail to protect it for a while.
Anyone releasing binary only modules does run a non-zero risk of being sued for it. Opinion varies on the likelihood of them actually losing the case if that happens.
Anyone considering releasing a non-GPL kernel module should consult their own lawyers at their own expense, and make their own decision as to whether the risk is acceptable.
-- dwmw2
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