video cards

[Bradley Hook]

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Leo Mauler wrote:
| "Derivative works are not going to encompass plug-ins
| and DEVICE DRIVERS that are designed to be linked from
| other off-the-shelf, unmodified, programs.  If Linux
| is designed to accept separately-designed plug-in
| programs, you don’t create a derivative work by merely
| running such a program under Linux, even if you have
| to look at the Linux source code to learn how to do
| so."

Actually, you DO create a derivative work by "running" programs/modules
of this nature under Linux. The loaded process includes a substantial
portion of the Linux kernel (because it IS the Linux kernel), and
therefore you are running a derivative work. However, that isn't the
issue with GPL code, because once the code legally makes it to your
machine you can do WHATEVER YOU WANT so long as you don't redistribute
it outside of the GPL allowances.

The derivative work isn't created until you load the module into the
kernel. Before that, it is a work which DEPENDS ON but is not DERIVED
FROM the kernel. In other words, it is legal to distribute a proprietary
module which DEPENDS ON the kernel, so long as it isn't distributed with
the kernel or any substantial portion of it. If you get your kernel
source from kernel.org, and your nVidia package from nvidia.com (which
doesn't include any kernel code), then you can legally compile and run
the resulting module without violating the GPL. If you redistribute the
resulting module, you ARE violating the GPL from a technical standpoint,
but since the module can be legally built without violating the GPL, it
is a moot point because it is only for convenience.

- --
~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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