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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, vj.linux@gmail.com 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

cu
Adrian

--

"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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