>> I agree. But the M-systems drivers are NOT MODULES. They are
>> STATICALLY linked to the kernel. So this is clearly illegal
>> according to the GPL. I think Richard Stallman may be interested to
>> hear that.
 
        ...

RMS said:

> That is clearly a violation of the GPL.  However, the FSF can't
> do anything to enforce the terms for using Linux, because only
> the copyright holders of Linux have legal standing to do that.

> My interpretation of the GPL is that it covers dynamically loaded
> modules as well as statically-linked code.  However, since it's up to
> the copyright holders of Linux to enforce the GPL for Linux, if they
> say proprietary dynamic modules are permitted, nobody else can object.
        
        Thank you Richard.  I'm sorry we bothered you with this.
        Obviously it's not your job to defend the the works of
        others simply because they're released under the GPL (and
        under a differently interpretation of the GPL than yours, no
        less).  We obviously didn't think it through.

        I didn't see Linus or Mad Dog copied on this thread.  Last I
        heard Linus is the principle copyright holder on the Linux
        kernel (and owner of the trademark on the term).

        Linux International (for which Jon Hall is the principal
        contact) has accepted a delegation to deal with any legal
        issues that arise in relation to those intellectual
        properties.

        So, I've copied them on this note.

        Linus, Jon,

        There as been some discussion on the linux-embedded mailing
        list recently regarding the M-Systems "Disk on a Chip"
        driver for Linux.  

        Apparently this driver is not available as a loadable module
        but most be statically linked into the Linux kernel to
        operate.  Also, apparently, M-Systems doesn't provide the
        sources to this driver.  Naturally there is some speculation
        that this is in violation of the GPL.

        I'm sorry I can't provide more details.  I'm copying
        the list on this in the hopes that its membership will
        compose ONE note with the bona fides and URLs so that
        you can look into the matter and deal with it as you see
        fit. 

        Presumably you'll want to contact M-Systems to clarify
        the issue with them.

        I guess that a number of the participants of this list are
        using Linux with that proprietary driver.  Perhaps some are
        shipping products of their own based on this combination.
        Please let us know if that is also a violation of the GPL (I
        suspect it is).
        
        With some tact we can hopefully convince M-Systems to 
        release this driver properly (or clear up whatever
        misunderstanding we're operating under).

--
Jim Dennis,                               The Linux Gazette "Answer Guy"
Linux Gazette is Published under the GPL     http://www.linuxgazette.com
                            [EMAIL PROTECTED]

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