[olug] [OT] Video Card Recommendation

[Luke-Jr]

On Friday 11 December 2009 09:12:18 am T. J. Brumfield wrote:
> So, you assume in order to write a driver you must take GPL code. By
> your logic, no one would ever be able to write a Windows driver since
> they don't have the NT kernel to steal the source from.

Windows's kernel is a microkernel, and Microsoft provides an API and source 
under license. I do recall for a time, the license precluded open source 
drivers of some particular kind.

> Linus himself then even clarifies that a driver written for another OS
> initially and then ported has no argument of being called a derived
> work. He speciifcally mentions the Nvidia driver, saying it can't be
> considered a derived work of Linux because it was written for Windows
> first, and merely ported.

That might hold true for the big blob, yes, but not for the source code 
wrapper you need to use it.

> But clearly, you know more on this matter than the Linux kernel
> developers, the FSF and Linus himself.

Many (most?) Linux kernel developers also agree (Greg KH, one of the main 
developers, is quite outspoken about it), the FSF has certainly never claimed 
anything to the contrary, and finally, to use a quote from Greg:
	"Closed source Linux kernel modules are illegal. That's it, it is very
	 simple. I've had the misfortune of talking to a lot of different IP lawyers
	 over the years about this topic, and every one that I've talked to all agree
	 that there is no way that anyone can create a Linux kernel module, today,
	 that can be closed source. It just violates the GPL due to fun things like
	 derivative works and linking and other stuff. Again, it's very simple."

http://www.kroah.com/log/linux/ols_2006_keynote.html