Re: [tlug] Proprietary code linked with GPL code

[Jim <jep200404@example.com>]

Stephen J. Turnbull wrote:

>     Jim> How can one legally ship a product that links a proprietary
>     Jim> driver to a GPL kernel?
> 
> By putting it in a loadable module. 

Well, that's pretty easy. 

So it is the customer that (perhaps unknowingly) does the linking 
when they use the device, and the customer would not be allowed 
to ship the linked stuff (which disappears each time the thing 
is turned off)? When the customer turns off the device (and the 
linked stuff goes poof), then the customer no longer possesses 
linked stuff in the device and can then distribute the device? 
So a customer could not distribute a running device that has 
linked proprietary and GPL code? 

> (This is presumably moot, in this
> case.  I assume that in an embedded device it's statically linked, 

I don't think it's moot. Embedded Linux devices have no special 
requirement for static linking, except perhaps for stuff needed 
very very early. After that, they're just loadable modules. 
I would expect the proprietary modules to be loadable 
and the proprietary *.o files seem to corroborate this. 
Am I missing something? 

Of course, there might be statically linked code _and_ 
loadable modules, although I have no indications of 
proprietary code statically linked with GPL code. 

> Disclosure can never be compelled under US law.  It might be
> negotiated under threat of punitive damages, of course.

Thanks.