A good place to start is the RT Linux companies.
Under the http://www.lineo.com/products/embedix/ you will find a
white paper PDF that give a nice coverage of the issue. Since it
it a commercial product they probably checked thing out.

Let us now about you final conclusion..

>> -----Original Message-----
>> From: Oleg Goldshmidt [mailto:[EMAIL PROTECTED]]
>> Sent: Monday, November 26, 2001 2:04 AM
>> To: [EMAIL PROTECTED]
>> Subject: making a non-GPLed module
>> 
>> 
>> 
>> Let's say a company is considering making a kernel module out of 
>> a piece of software. Never mind the reasons to make it a 
>> kernel module
>> - assume they are good and valid. There is no intention to sneak this
>> module into the mainstream kernel - it's an add-on. Suppose 
>> there is a
>> requirement to distribute it in binary form only, loadable via
>> insmod/rmmod.
>> 
>> I have researched the various web sources, such as LKML, LWN, etc
>> (oh, well, through Google, of course), and I cannot figure out if
>> there is a consensus on whether this would violate GPL or not.
>> To avoid possible repetition of what I have learned already, here are
>> the highlights of what I found.
>> 
>> The only hint to consensus seems to be in the assertion that it is
>> open to interpretation, and the suggestion to consult one's lawyer
>> (who is likely to be ignorant on GPL or software or anything 
>> relevant).
>> 
>> Linus seems to say that as long as a module does not touch the kernel
>> itself, uses standard API only, and is not distributed together with
>> the kernel, it's OK to release it in the binary form only.
>> 
>> http://lists.insecure.org/linux-kernel/2000/Sep/1491.html
>> 
>> here is Linus' note from the kernel's COPYING file.
>> 
>>    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".
>> 
>> From what I've read "user programs" here include loadable kernel
>> modules (see ESR's view below).
>> 
>> AC vocally disagrees. He basically says - drumroll - check with your
>> lawyers, since you are exposed:
>> 
>> http://lwn.net/2001/0614/a/ac-modules.php3
>> 
>> ESR tries to clarify,
>> 
>> http://lwn.net/2001/0628/a/esr-modules.php3
>> 
>> and is also proposing a legal clarification here (a modification to
>> the COPYING note quoted above), but AFAIK it has not been adopted by
>> Linus (yet), nor is it clear to me whether the suggestion is
>> compatible with GPL.
>> 
>> Apparently, this is a hot topic. ESR's message is dated June 
>> 2001, and
>> he mentions "jittery nerves at a lot of companies that are worried
>> about this issue".
>> 
>> Some Israeli companies probably know a bit or two about the 
>> issue. One
>> recent controversy involved MOSIX, who allegedly violated GPL by
>> hacking the kernel itself rather than sticking to writing modules.
>> 
>> Does anyone know if a consensus has been reached? Can 
>> someone point me
>> to the right source? NB, I am not looking for opinions 
>> (unless you are
>> a lawyer, in that case don't bill me yet), just for information or
>> experiences (as in "I/XYZ Ltd was sued for writing a closed-source
>> module and won/lost").
>> 
>> I am hesitant to post to LKML. It has been discussed there several
>> times, and I don't want to subscribe to or sift through this huge 
>> volume of traffic. There are people here who follow LKML, maybe they
>> can point me to the right place?
>> 
>> Thanks,
>> 
>> -- 
>> Oleg Goldshmidt | [EMAIL PROTECTED] 
>> If it aint't broken it hasn't got enough features yet.
>> 
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