"Open Source Constitution"?
bruce at perens.com
Sun Apr 10 01:31:10 UTC 2005
> nobody, not a Linux vendor, nor ATI or nVidia, can redistribute the
> combination of a Linux kernel and their proprietary drivers, due to
> GPL #7.
Eben could probably explain it better. He's said he'd go after them if
given the opportunity. I know of two arguments:
There are several components in play: the Linux kernel, a proprietary
"adapter" driver that dynamicaly copies an nVidia OS-independent binary
module into the Linux kernel, an nVidia OS-independent binary module,
and installation software that automaticaly builds the adapter, loads
it, and then loads the OS-independent part via the adapter.
1. All of this constitutes a process constructed by nVidia to create the
copy remotely according to their instructions. Distribution of the
process is tantamount to distribution of the copy itself.
2. The process is a technical device constructed to deliberately
circumvent the license, and thus the case should be interpreted as if
the license is not circumvented.
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