Re: [PATCH] USB: mark USB drivers as being GPL only

From: David Newall
Date: Tue Feb 05 2008 - 06:39:31 EST


Marcel Holtmann writes:
if a new drivers is originally written for Linux, then you are breaking
the GPL.

Completely wrong. However if the driver is distributed as built-in, then it would need to be licensed under GPL. This means that a driver can be written and distributed as a module under any licence, proprietary or otherwise, presumably with the restriction that it may NOT be built-in.

You driver was meant to be
running as Linux kernel module and thus it is derivative work.

It is precisely the fact that it is a loadable module, and does not form part of the kernel, that removes the requirement to distribute it under GPL.


What are you arguing here. It makes no difference if it is technical or
not. The EXPORT_SYMBOL_GPL gives you a clear hint that when using this
symbol, you have to obey to the GPL.

And that "hint" is a lie.
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