Re: Linux, UDI and SCO.

Tim Smith (tzs@tzs.net)
Sat, 19 Sep 1998 10:22:00 -0700 (PDT)


On Sat, 19 Sep 1998, Carlos Morgado wrote:

> > - ignore it" - very simple and pragmatical :) (e.g. in order to make use of
> > Olicom's token ring cards at home I used the binary (non-GPL) driver. I
> > didn't care (in that context, not generally!) whether it was GPL or not as
> > long as it worked and there was nothing GPL'ed that would replace it).
> >
>
> That was a specific case where you broke the law.

Only if he tried to distribute his kernel. GPL doesn't care what unholy acts
you perform with code in the privacy of your own system.

> Keep in mind non-GPLaware UDI drivers can't be insmoded into the kernel so
> the use of binary-only drivers is proibited by law. The argument of "i can't

This is only true if the UDI driver module is a derivative work of the kernel
or some other GPL'ed code. It is very unlikely that a UDI driver developed by
some random hardware vendor on a Sun or SCO system is going to be a derivative
work of the Linux kernel!

When trying to figure out if something has to be GPL'ed to be used with
something else that is GPL'ed, the first question you must ask is not
"what does GPL say?", but rather "does copyright law prohibit this use?".
Only after you find that copyright law prohibits the use do you need to
check to see if GPL grants permission.

--Tim Smith

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