On Tuesday 23 October 2007 10:05:12 Dan Williams wrote:
> On Tue, 2007-10-23 at 00:00 +0200, Pavel Machek wrote:
> > Hi!
> >
> > > > > Yes, I'm quite sure. There's MODULE_LICENCE("GPL"), IIRC.
> > > >
> > > > That doesn't say much, some manufacturers add that line to their
> > > > driver just to prevent the module loader complaining about a non-GPL
> > > > driver...
> > > >
> > > > There should be a copyright notice or a license file accompanied with
> > > > the driver that clearly states the license of the driver.
> > >
> > > Lacking an explicitly stated license it can be argued that, since the
> > > MODULE_LICENSE() macro is meant to define the actual license on the
> > > code, this code is GPL. No, it isn't an explicit definition, but
> > > lacking any other signs of the license, the implicit declaration of it
> > > being GPL is (or should be) enough to deflect charges of copyright
> > > infringement.
> >
> > Yep, I believe this driver is GPLed. They published the source and
> > there's nothing to suggest otherwise, and there's explicit:
> >
> > #define DRIVER_AUTHOR "Jeff Lee<YY_Lee@xxxxxxxxxxx>"
> > #define DRIVER_DESC "IS89C35 802.11bg WLAN
> > USB Driver" MODULE_LICENSE("GPL");
>
> If there isn't an explicit COPYING or LICENSE file or something
> distributed with the driver, and if there aren't copyright/license
> headers at the top of the files in question, I have a hard time agreeing
> that MODULE_LICENSE("GPL") _definitely_ means that the author has GPL-ed
> the driver intentionally. Of course that's the way it's supposed to
> work, but to me this doesn't pass sufficient muster to be definitely
> called GPL without additional clarification.
>
> Dan
Lacking any other indication MODULE_LICENSE is supposed to mark the license
that the code is being distributed under. If companies are intentionally
mis-using this to get around the "internal interfaces" limitations (where
some interfaces are not available unless the module is GPL'd) and the warning
message printed in the logs when the module is not GPL'd then they are
(technically) in violation of the law. (interfaces that are GPL only are
considered so internal to the kernel that using them makes your code GPL
because of the inclusion of GPL'd code. And no - I am not going to get into
that discussion - it's pointless)
In the end, using MODULE_LICENSE for any purpose other than declaring the
chosen license for the code is deceptive. So it is easily arguable that by
not including any license with the code other than the MODULE_LICENSE
statement and then trying to prosecute because MODULE_LICENSE doesn't
accurately state the license on the code is entrapment and illegal.
DRH
--
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