Ira Abramov wrote:
> Quoting Ira Abramov, from the post of Thu, 30 Nov:
>   
>> All Hypothetical...
>>     
>
> well, it was a little white lie, if you didn't suspect :-)
>
> After double checking my legal status in any case, it turns out I am not
> under NDA at the time of this writing, but will be by the end of the
> day, so I'll say this :-)
>   
So you ignore my advice......
> the company in question (and those of you who know who they are, know),
> Has promissed me to solve the issue. the problem was a proprietary
> kernel module that should have tainted the kernel and recieved a
> restricted set of symbols, but instead has a license string of "GPL is
> not the license of this module" with a null character after the "GPL",
> which is an ugly and unethical hack.
>   
It's also, legally, on shaky grounds. They are, in essence, claiming
that the module is GPL, while it isn't.

I think that the whole GPL only exports issue was not thoroughly thought
through by people who should have thought about the legal implications
of doing it.
> I offered instead that they write a GPL module that allows access to
> what they need in the kernel through IOCTLs and move their binary-only
> blob to userspace. This was acceptable to them and I believe it's the
> correct legal solution myself (correct me if I'm wrong)
>   
Well, if you want to be sure, I would suggest that they try to do a
couple of things:
1. Set in stone the kernel<->userspace API, and document it inside the
kernel module. This also means that the API must not change when the
kernel interfaces they export do. This is both a QA thing and a legal thing.
2. Try to make it as much a complete self-contained API as possible,
preferably one that is useful to other people.

They manage 1 and 2, they have a very good case for claiming that the
userspace tool is not a derived work of their kernel space driver, and
thus not bound by the kernel module's license.

Shachar

-- 
Shachar Shemesh
Lingnu Open Source Consulting ltd.
Have you backed up today's work? http://www.lingnu.com/backup.html


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