Messages in this thread | | | Date | Fri, 5 Nov 2004 10:20:42 -0800 | From | "Adam J. Richter" <> | Subject | Re: Possible GPL infringement in Broadcom-based routers |
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Michael Poole writes: >Adam J. Richter writes:
>> I think you're missing the idea that that such drivers are >> _contributory_ infringement to the direct infringement that occurs when >> the user loads the module. In other words, even for a driver that has >> not a byte of code derived from the kernel, if all its uses involve it >> being loaded into a GPL'ed kernel to form an infringing derivative >> work in RAM by the user committing direct copyright infringement against >> numerous GPL'ed kernel components, then it fails the test of having >> a substantial non-infringing use, as established in the Betamax decision, >> and distributing it is contributory infringement of those GPL'ed >> components of the kernel.
>Combining GPLed works with GPL-incompatible works violates the GPL if >you distribute the result; the GPL allows one to make that kind of >combination for one's own use. Go read the GPL more closely.
There are US court cases that have established that copying into RAM is copying for the purposes of copyright. Also, I'd have to say that loading a module into a kernel is modification.
My understanding is that the FSF was able to get Next Computer to release its Objective C modules for gcc, over just this sort of "user does the link" issue.
Also, as was pointed out by Bradley Kuhn at FSF's two day GPL seminar at Standard Law School, where we picked apart the GPL and LGPL for about twelve hours, the GPL is a grant of permission. People "plead the GPL to us" as Bradley put it. If you want to argue that the GPL does not cover some action, I don't think that's the same as saying that the GPL gave you permission to do it. You would still have to argue that that action is not restrictable by copyright. Fortunately, I don't think the argument comes to that, because of what I said in the first two paragraphs, but it's something you might want to think about before raising that argument in the future.
Again, I am not a lawyer, so please don't take this as legal advice.
__ ______________ Adam J. Richter \ / adam@yggdrasil.com | g g d r a s i l - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
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