Re: GPL and Linux kernel related question...

From: David Woodhouse (dwmw2@infradead.org)
Date: Thu Jul 06 2000 - 08:11:38 EST


hiroyama73@hotmail.com said:
> when opening linux/drivers/mtd/nftl.c, I read :
> /*
> LEGAL NOTE: The NFTL format is patented by M-Systems. They have
> granted a licence for its use with their DiskOnChip products:

> I thought that all the sources were submitted to GPL... I may be wrong
> could anyone explain me that ? Thanks in advance.

The code is under GPL. Sorry, I should have made that more explicit. I'll
submit a patch to Linus to correct that.

The licence referred to in that passage is a licence to use the algorithms
involved in reading/writing the NFTL format, which are patented in some
parts of the world. The owner of the patent has granted a licence to use
those algorithms on certain devices, and there is no restriction on "copying,
distribution or modification" of the code - which would conflict with the GPL.

The only restriction is on _use_ of the code, which is not exclusive with
the GPL - in the same way as the ISDN code is under GPL even though you need
telco approval to use it in most countries, and the ISDN approval even becomes
invalid if you modify the code - which is a restriction far more likely to
breach the terms of the GPL than the FTL and NFTL patents.

--
dwmw2

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