video cards

[Bradley Hook]

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nVidia is only *technically* breaking the GPL with their pre-built
kernel modules that there installer can download from their servers.
This is provided as a convenience to the users, and it isn't worth it
for lawyers to push the issue due to what I'm about to describe.

If you're like me, you're never running a distro's stock kernel on a
gaming rig (where you need 3d accel). In this case, you can't use a
pre-built kernel module. If you download the nVidia driver package, it
requires all of the GPLed files, including kernel header files and such,
to already be installed (they aren't *distributed* with the installer).
Then, you as the user are building a non-GPL kernel module for your own
use, as is permitted by the GPL.

Since the "violation" is for user convenience, it is mostly a moot point
to argue about it. The only "correction" that nVidia would make if push
came to shove is that they would drop this user convenience. This would
piss a lot of people off, but they wouldn't be looking at nVidia, they'd
be after the lawyer to stirred up the trouble.

nVidia has been very nice to the Open Source community. Someone doesn't
have to subscribe to our development model and license schemes to be our
friend. While it is true that it would be nice to have nVidia on the
Open Source band wagon, there is no reason to go on rants about how
"bad" they are.

~Bradley

Luke -Jr wrote:
| On Thursday 03 April 2008, feba thatl wrote:
|> On Thu, Apr 3, 2008 at 2:47 AM, Luke -Jr <luke at dashjr.org> wrote:
|>> On Thursday 03 April 2008, Arthur Pemberton wrote:
|>>  > On Thu, Apr 3, 2008 at 12:48 AM, Luke -Jr <luke at dashjr.org> wrote:
|>>>>  Avoid nVidia unless you agree with all of these statements:
|>>  > >  1. Don't care that this combination is illegal.
|>>  >
|>>  > Never heard that one before.
|>>
|>>  I'll cite Greg on this one...
|>>
|>>  "I've had the misfortune of talking to a lot of different IP lawyers
|>> over the years about this topic, and every one that I've talked to all
|>> agree that there is no way that anyone can create a Linux kernel module,
|>> today, that can be closed source. It just violates the GPL due to fun
|>> things like derivative works and linking and other stuff."
|>>
|>>  * http://www.kroah.com/log/linux/ols_2006_keynote.html
|> That looks like it's talking about working them into the kernel and
|> distributing it, not just using it in a system.
|
| *You* might be "just using it in a system", and the GPL makes it clear
that
| mere use is always legal. However, *nVidia* is doing exactly what you
admit
| is illegal: working it into the kernel and distributing the code for that.
|
|> Much in the same way that I could make a change to my copy of the source,
|> compile it to a binary and never release it; but if I release the
binary, I
|> have to give out the source too.
|
| The GPL terms apply equally to source as they do to a binary.
| _______________________________________________
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| Kclug at kclug.org
| http://kclug.org/mailman/listinfo/kclug
|
|

- --
~Bradley Hook
Education Systems Administrator
Kansas State School for the Blind
1100 State Avenue
Kansas City, KS 66102
Voice: (913) 281-3308 ext. 363
Mobile: (913) 645-9958
Facsimile: (913) 281-3104
http://www.kssb.net

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