On May 08, 07 09:23:50 -0600, Darryl Gregorash wrote:
> > LGPL. That's *the* main difference from GPL. You're allowed to link
> > proprietary software against LGPL, but not against GPL.
> >   
> If that is the actual intent of the GPL, then IMO it constitutes an

Yes.

> unfair trade practice. What do you make of Linus Torvalds's own addition

No.

> above the GPL (it's in the /usr/src/linux/COPYING file that you guys
> distribute with the kernel):
> 
>    "NOTE! This copyright does *not* cover user programs that use kernel
>  services by normal system calls - this is merely considered normal use
>  of the kernel, and does *not* fall under the heading of "derived work"."

Yes, and the kernel driver by definition is linked in kernel space.
We are *not* talking about user programs here.

> So no kernel code is actually compiled into the nVidia drivers, correct?

This is exactly where the trouble starts. The driver uses kernel
headers, for instance. Also, compilation is irrelevant, it's linking.
And loading a driver (even during runtime) means linking.

> Those drivers merely refer to kernel values so they can be hooked into
> it at run-time, correct? That seems to constitute "fair use" under
> anyone's laws, and it certainly does under Torvalds's own published
> exception, and any attempt to unduly limit fair use is an unfair trade
> practice.

Again: Please read it: Many kernel developer consider this breaking the
GPL. They are the ones who have written the code, so they are more
qualified of talking about it than you and me are.

> > Some kernel developers say it's trivial to demonstrate that.
> > Few say it's not.
> > Some don't care.
> On the basis of what I have seen so far, you would have an easier time
> convincing me that the Eurofighter is a derivative of the Sopwith Camel
> because they both have wings.

*Sigh*
The point is: I don't *have* to convince you.

*I* consider loading proprietary drivers is fair use. But that is not
the point, there are many kernel developers who don't. That is the
point.

Matthias

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