Re: Linux GPL and binary module exception clause?

["Ihar 'Philips' Filipau" <filia@softhome.net>]

Jason Kingsland wrote:
> On Wed, 3 Dec 2003, "Linus Torvalds" wrote:
> 
> 
>>And in fact, when it comes to modules, the GPL issue is exactly the same.
>>The kernel _is_ GPL. No ifs, buts and maybe's about it. As a result,
>>anything that is a derived work has to be GPL'd. It's that simple.
>>...
>> - anything that has knowledge of and plays with fundamental internal
>>   Linux behaviour is clearly a derived work. If you need to muck around
>>   with core code, you're derived, no question about it.
> 
> 
> 
> If that is the case, why the introduction of EXPORT_SYMBOL_GPL and
> MODULE_LICENSE()?
> 
> Specifying explicit boundaries for the module interface has legitimised
> binary-only modules.
> This was the signal to developers of proprietary code that binary-only
> modules are tolerable.
> 
> Note that I said tolerable, not acceptable. Ref also the 'tainted' flag
> ("man 8 insmod")
> My personal view is that Linux should mandate GPL for all modules in 2.6 and
> beyond.
> 

   GPL is about distribution.

   e.g. NVidia can distribute .o file (with whatever license they have 
to) and nvidia.{c,h} files (even under GPL license).
   Then install.sh may do on behalf of user "gcc nvidia.c blob.o -o 
nvidia.ko". Resulting module are not going to be distributed - it is 
already at hand of end-user. So no violation of GPL whatsoever.

   Licensing is least technical issue regarding modules.
   But sure I would like to have open source drivers - at least then I 
have chance to clean them up ;-)))

   my 2 eurocents.

-- 
Ihar 'Philips' Filipau  / with best regards from Saarbruecken.
--                                                           _ _ _
  Because the kernel depends on it existing. "init"          |_|*|_|
  literally _is_ special from a kernel standpoint,           |_|_|*|
  because its' the "reaper of zombies" (and, may I add,      |*|*|*|
  that would be a great name for a rock band).
                                 -- Linus Torvalds