The GPL is in fact quite clear. [LWN.net]

The GPL is in fact quite clear.

Posted Oct 16, 2003 15:03 UTC (Thu) by leonb (guest, #3054)
Parent article: LinkSys and binary modules

I believe that the GPL is quite clear about the binary module issues. Simply recall that the GPL only regulates copying. When Nvidia distributes binary modules, this distribution involves no copying of GPLed code. What users do with these modules is their sole business.

  "The act of running the program is not restricted"

The so-called viral nature of the GPL applies only when you distribute a "whole" containing sections covered by the GPL, and sections that would not necessarily be GPLed if they were distributed independently.

  "But when you distribute the same sections as part of a whole             
  which is a work based on the Program, the distribution of             
  the whole must be on the terms of this License, whose             
  permissions for other licensees extend to the entire whole,             
  and thus to each and every part regardless of who wrote it."

The key word here is distribute.

Linksys is indeed shipping boxes containing both the linux kernel and binary modules. The binary modules might not be GPLed if they were distributed separately. But this is not the case here. Therefore the GPL applies.

Overall this is very annoying because it can be argued that Linksys was acting in good faith. It could make sense to settle by giving them a break for a few years only, and ask them, in return, to make a donation to some worthy open source cause. This is very unlikely to happen. Such a break must be approved by all the kernel contributors without exception.

When Linus decided not to request copyright assignment, he made the GPL a lot nastier, because nobody has the power to soften it when it makes sense.

- Leon

P.S. --- Incidentally this also clarifies the dynamic linking versus static linking issues. Such technical issues are irrelevant. What matters is the composition of the products you are shipping. The GPL only bites when you are shipping GPLed code copyrighted by someone else.

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