Re: GPL question: using large contiguous memory in proprietary driver.

[Chris Friesen]

Kaz Kylheku wrote:
> On Tue, Oct 14, 2008 at 3:12 PM, Chris Friesen <cfriesen@xxxxxxxxxx>
> wrote:
>
> > Kaz Kylheku wrote:
> >
> >
> > > I have the following question. Suppose that some proprietary
> > > driver (otherwise completely clean, based only on non-GPL
> > > symbols)
> >
> > The fact that it's not using GPL symbols does not actually mean
> > that the driver is not a derivative work of the kernel (and thus
> > subject to the GPL).
>
>
> But thanks to the gracious tolerance of the kernel development 
> community, such drivers are permitted to exist.

If you're thinking of something like the Nvidia driver, the binary 
portion of that driver is cross-platform and is not a derivative work of 
the kernel.

If you sit down and write a new driver for linux, is is arguable that it 
is in fact a derivative work of the kernel and is thus subject to the GPL.

This may of course vary based on location, but I strongly suggest that 
you consult suitable legal advice before proceeding.

Chris
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