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Binary-only kernel modules may be banned

Binary-only kernel modules may be banned

Posted Dec 14, 2006 2:32 UTC (Thu) by Arker (guest, #14205)
In reply to: Binary-only kernel modules may be banned by alriddoch
Parent article: Binary-only kernel modules may be banned

I don't think there's any doubt that many distros will patch to remove this, unfortunately, so you probably won't be affected by it. At least it will give people using vanilla kernels a warning that's harder to ignore than the little 'tainted kernel' thing that most people never notice.

If your day to day work requires 3d drivers, I would suggest you might investigate whether there is properly supported hardware that meets your need (there are some good Free 3d drivers already, although they aren't for the top performing hardware) and if not, think about doing something to improve that situation.

What Nvidia and others are doing is trying to skirt the letter of the GPL. It's, at best, an exploit like Tivo uses, and in ways it's worse, since it's encouraging and expecting *other people* to violate copyright so they can keep their hands technically clean. It's also an open question whether a court would or would not hold them blameless - if Kazaa can be hit for contributory copyright infringement then Nvidia certainly should be vulnerable to that charge as well.


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Binary-only kernel modules may be banned

Posted Dec 14, 2006 2:59 UTC (Thu) by charris (subscriber, #13263) [Link]

If your day to day work requires 3d drivers, I would suggest you might investigate whether there is properly supported hardware that meets your need

Well, there are always Intel boxes running OSX or Windows; I'm a bit tempted by Apple myself just for the convenience. It seems to me that forbidding proprietary binary modules could make linux a niche operating system. I suppose the IP in 3d video cards will eventually be wrung out and it might make sense to make the drivers GPL at that point. But then the next cool thing will come along and only run on other systems. Linux could end up looking like a model T, crank included.

Binary-only kernel modules may be banned

Posted Dec 15, 2006 2:06 UTC (Fri) by Arker (guest, #14205) [Link]

Many video solutions are well supported under linux as well. If you buy carefully, and don't actually require the horsepower of the latest top of the line cards, you're fine.

Binary-only kernel modules may be banned

Posted Dec 14, 2006 2:59 UTC (Thu) by sepreece (subscriber, #19270) [Link]

Well, it's only a copyright violation if every loadable kernel module is inherently a derivative work. I'm not a lawyer, but from what I've read, that's an undecided question. [And there's no point in debating it here, unless we've got enough IP lawyers in the readership to have an interesting debate.]

Note, too, that if your hands are "technically clean", that would presumably mean you're not infringing. Either you're infringing, and your hands are dirty, or you're not.

Whether it's polite is another question...

Binary-only kernel modules may be banned

Posted Dec 15, 2006 2:12 UTC (Fri) by Arker (guest, #14205) [Link]

From what I've seen, the vast majority of lawyers familiar with that area of the law are of the opinion that any kernel module does qualify as a derivative work of the kernel. You're correct that until there is precedent on the issue it's still an open question.

"Note, too, that if your hands are "technically clean", that would presumably mean you're not infringing. Either you're infringing, and your hands are dirty, or you're not."

I don't agree. Courts have often taken a very dim view of people who try to split hairs and comply with only the letter while blatantly violating the clear intent. So even in a legalistic sense this is not necessarily true.

In a more important sense, the community is not and shouldn't be hung up on splitting legal hairs. Even if the courts were to rule that there's no legal repurcussions from their actions, that doesn't mean they are coöperating with the community and it doesn't mean we should tolerate their behaviour.

Binary-only kernel modules may be banned

Posted Dec 15, 2006 23:00 UTC (Fri) by GreyWizard (subscriber, #1026) [Link]

Well said.

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