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

Adrian Bunk
2008-02-06T21:05:09Z

On Tue, Feb 05, 2008 at 05:34:23PM -0600, Chris Friesen wrote:
> David Newall wrote:
>> That being said, a module can be written such that it only dynamically
>> links with the kernel. Ndiswrapper is an example of how this can be
>> done: None of the drivers that work under ndiswrapper make any direct
>> use of the kernel, not in any way, indeed a wrapper could be written
>> for a different operating system.
>
> The issue is all about "derivative works" in copyright law.
>
> Ndiswrapper is in a good position because the closed-source drivers were
> originally written for another OS so it's pretty well impossible to
> argue that they are derived from linux.
>...

IANAL, but when looking at the "But when you distribute the same
sections as part of a whole which is a work based on the Program, the
distribution of the whole must be on the terms of this License" of the
GPLv2 I would still consult a lawyer before e.g. selling a laptop with a
closed-source driver loaded through ndiswrapper.

> Chris

cu
Adrian

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