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    SubjectRe: GPL vs non-GPL device drivers
    On Thu, Feb 15, 2007 at 06:30:33PM +1100, Neil Brown wrote:
    > On Wednesday February 14, wrote:
    > > I am well aware of what Greg KHs position is, in fact he is the reason
    > > I started the whole rant. This is only a plea to the "higher
    > > authorities". Linus, please save Linux!
    > Linus is not in any position to do anything. The die is cast.
    > You should speak to a lawyer.
    > The key issue is this:
    > Does combining your work with Linux create a derived work.
    > If it does not, you have nothing to worry about.
    > If it does, then maybe you should worry.
    > If someone who owns copyright in part of the Linux kernel that you
    > are using, decides that they think you have created a derived work,
    > then they might bring this to your attention and ask you to abide by
    > the conditions in the license under which you obtained the Linux
    > kernel. If no suitable resolution can be found, they might take you
    > to court for using their protected work without a valid license (The
    > GPL becomes void if you breach it's requirements).
    > And then the judge might or might not find against you. But it is
    > very hard to know in advance how the judge will decide in a
    > particular case. Hence the best advice is to speak to a lawyer,
    > They have the best chance of advising your how to minimise your
    > risk.
    > I hope that makes the situation clear enough.

    You missed one point:

    In every country you distribute your product, a local kernel developer
    could bring the case to a local court based on local copyright law.

    > NeilBrown



    "Is there not promise of rain?" Ling Tan asked suddenly out
    of the darkness. There had been need of rain for many days.
    "Only a promise," Lao Er said.
    Pearl S. Buck - Dragon Seed

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