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

David Newall
2008-02-08T03:57:22Z

Marcel Holtmann wrote:
> Hi David,
>
>
>>>>> I think you're missing my point: as long as the license stays the way
>>>>> it is now, you can never distribute proprietary code unless you've
>>>>> consulted a lawyer and even then you run the risk of being sued for
>>>>> infringement if the copyright holder thinks what you have is derived
>>>>> work.
>>>>>
>>>>>
>>>> Yes I can, if the proprietary code is not linked with GPL code (and the
>>>> proprietary code is original). Loadable modules are not linked. This is a
>>>> very clear-cut case.
>>>>
>>>>
>>> that is not clear-cut case. You link at run-time. Otherwise the module
>>> would do nothing.
>>>
>> That's why it's allowed. The module isn't linked when it's distributed,
>> and the author doesn't do or cause the linking; the user does. And the
>> user never distributes in the linked state. Distribution is key to GPL.
>>
>
> so how do you build this module that is not linked without using the
> Linux kernel.
You could hand code in assembler, using Microsoft's assembler under
Windows. You could compile from C, using GCC on FreeBSD. But that's
immaterial. A module which is an original, non-derivative work, is,
well, original and non-derivative. Do you say that it must be
otherwise? Why would that be?