On 12/20/06, Timothy Miller <[EMAIL PROTECTED]> wrote:
I'm sure most of you saw the slashdot story about Greg K-H proposing a
kernel patch that would eliminate non-GPL drivers, followed by a
discussion about how that would impact developers, followed by an
apology.  Well, apparently, the discussion is continuing, I'm told,
and there has even been mention of the OHF (pointing to the Open
Graphics wiki).  If there's someone on this list who is also on LKML,
it might be useful for us to keep tabs on this as well as participate
a bit in the discussion.

Indeed.  I'm subscribed to LKML and just finished the thread...
mostly pseudo-legal bickering about Fair Use (as laid out by U.S.
copyright law) and the DMCA (again, U.S. law - though spreading
elsewhere).  I haven't seen glaring mistakes yet uncorrected, or any
obvious chances to plug the project more so than has already been
done.

As a summary, Linus's (and Ted's) position is a fair one: Fair Use
allows use of works without the permission of the author(s) for
purposes the author(s) may not agree with.  Applying a technical
measure to prevent such uses triggers the DMCA - bad.  Also, in order
for the GPL to prohibit the distribution of binary-only kernel
modules, they must be derived works...  the definition of which, the
fog of Fair Use tend to make fuzzy.  In other words, in order to
prevent the distribution of binary-only kernel modules, we need a
court case.  Possibly several.

The situation is necessarily not ideal...  such is life.  Market
forces (us!), however, tend to correct such things over time.

--tim
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