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

David Newall
2008-02-05T11:39:21Z

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.