Messages in this thread | | | Date | Fri, 08 Feb 2008 14:27:11 +1030 | From | David Newall <> | Subject | Re: [PATCH] USB: mark USB drivers as being GPL only |
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Marcel Holtmann wrote: > Hi David, > > >>>>> I think you're missing my point: as long as the license stays the way >>>>> it is now, you can never distribute proprietary code unless you've >>>>> consulted a lawyer and even then you run the risk of being sued for >>>>> infringement if the copyright holder thinks what you have is derived >>>>> work. >>>>> >>>>> >>>> Yes I can, if the proprietary code is not linked with GPL code (and the >>>> proprietary code is original). Loadable modules are not linked. This is a >>>> very clear-cut case. >>>> >>>> >>> that is not clear-cut case. You link at run-time. Otherwise the module >>> would do nothing. >>> >> That's why it's allowed. The module isn't linked when it's distributed, >> and the author doesn't do or cause the linking; the user does. And the >> user never distributes in the linked state. Distribution is key to GPL. >> > > so how do you build this module that is not linked without using the > Linux kernel. You could hand code in assembler, using Microsoft's assembler under Windows. You could compile from C, using GCC on FreeBSD. But that's immaterial. A module which is an original, non-derivative work, is, well, original and non-derivative. Do you say that it must be otherwise? Why would that be?
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