Ronald Vanschoren wrote:
>> Note: Linux kernel modules need to be GPL, too - the only way to have 
>> non-GPL drivers in Linux is to have userspace drivers, which are quite 
>> limited in capabilities.
>>   
>>     
>
> This is not correct. GPL v2 talks about "derived work". It's well
> accepted (by Linus himself and most of the community except the holier
> then pope people) that binary kernel modules (so not releasing source
> code) is acceptable IF the original driver was NOT written for Linux. If
> it is merely ported to Linux, only the portation layer has to be
> released. I think the NVIDIA drivers are an example. I know a company
> who uses such binary drivers and was in contact with FSF who approved
> the approach.
>   
It seems you are right, and I remembered (partially) wrong - this sums
it up nice:

http://lkml.indiana.edu/hypermail/linux/kernel/0312.0/0670.html

However, this still means that if we implement a JTAG-cable module API,
and you implement a JTAG cable driver that then calls FTD2XX, that
module is probably still a derived work - you can't claim that such a
module existed outside OpenOCD before and was just ported to OpenOCD.

> To stay on topic, following this (FSF approved) interpretation of GPL
> v2, FTD2XX is NOT a derived work of OpenOCD so it should not be released
> under GPL.
>   
Right. However, that is not the original problem that started the thread
- the problem is that by linking OpenOCD with FTD2XX, you create a
derived work which can not be distributed under GPL because the library
is not GPL.

cu
Michael

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