Messages in this thread | | | Date | Fri, 08 Feb 2008 00:11:10 +1030 | From | David Newall <> | Subject | Re: [PATCH] USB: mark USB drivers as being GPL only |
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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.
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