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.