[lkml]   [2007]   [Feb]   [15]   [last100]   RSS Feed
Views: [wrap][no wrap]   [headers]  [forward] 
Messages in this thread
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

To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to
More majordomo info at
Please read the FAQ at

 \ /
  Last update: 2007-02-15 12:55    [W:0.191 / U:0.292 seconds]
©2003-2018 Jasper Spaans|hosted at Digital Ocean and TransIP|Read the blog|Advertise on this site