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

David Newall
2008-02-07T13:41:23Z

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.