WizardStan
Mega GP Mania
- Joined
- May 24, 2008
- Messages
- 16,731
I wasn't able to find anything about a closed source firmware, just the user space driver which used to be closed source but has since been reverse engineered.
Nope. You can combine proprietary code with GPL code, the GPL actually has a loophole that is further explained in the GPL FAQ at gnu.org. They simply don't want proprietary kernel code upstream.Any Linux driver which isn't OSS would violate the kernel's GPL.
No, this isn't correct, and nvidia/fglrx are in fact infringing. Just nobody with the relevant copyright has the interest/funds to sue them over it.Nope. You can combine proprietary code with GPL code, the GPL actually has a loophole that is further explained in the GPL FAQ at gnu.org. They simply don't want proprietary kernel code upstream.
Part of the kernel API is GPL-free in the sense that it does not expose internal structures that are considered essential enough to leave that loophole, the kernel sources even include some preprocessor macros for a "non-GPL mode" that'll hide all GPL relevant functions. The proprietary fglrx and nvidia kernel drivers ain't open either, they ship with non-GPL glue code and a pre-compiled kernel-independent blob that will be linked together to create the kernel module. IIRC Nvidia even states in that glue code that you're not even allowed to modify it yourself without getting an explicit approval from Nvidia.
We'll eventually get a legally binding decision on this matter, but I bet my balls that it'll be far away from what the FSF wants to enforce.The fact is, the law isn't a blind and mindless computer that takes what you say literally. Intent matters a LOT. And using the xxx_GPL() version to show that it's an internal interface is very meaningful indeed.
The news section of gpl-violations.org lists several cases that didn't - e.g. a "clear-cut victory" against D-Link, in which the GPL was explicitly deemed valid under German law, D-Link was bold enough to make an official statement that they did not consider the GPL to be legally binding.Hasn't everything so far ended up in out of court settlements?
They use the term "derivative works", which is the general term defined by the copyright laws. By simply providing an own definition of derivative software you might still get into conflicts with copyright laws, some court might end up interpreting things differently.It strikes me that not defining 'derivative software' and then using that term in the GPL is a big part of the confusion over what's allowed and what's not