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Robin Cornelius wrote: | | Here's a question | | Some hardware suppliers have been supplying a binary only kernel module that | is built with the GPL flag enabled, ie modinfo shows licence GPL. Therefor | one assumes the module is gpl, yes?. Ok so no source code is available, lots | of people complain and get basically no response from company.
If yes, and it appears to be GPL, I suggest you report this to the FSF if the supplier is unresponsive.
| Very recently | *source* code for thus module *turns up* in linspires apt pool BUT the source | code headers don't show GPL however it is clear (and known but not provable, | unless i can generate the same md5 sum for the binary how can i prove it) | that this was the code used to build afore mentioned module and in the code | it is set to enable the GPL flag on the binary!
It can generally be proved sufficiently for legal purposes that a binary was generated from given source (or something derived from) but it is irrelevant, the obligation within the GPL falls on the person redistributing the software (unless exempt under one of the exceptions).
Of course if they arranged for it to be in the linspire apt pool, they might well point you at that and say "get it from there", and whilst that might not satisfy the letter of the GPL it satisfies the spirit, and the FSF may not be that concerned.
| Is this GPL or not, or is it just a mess that the company have left them | selves open to *legal problems* and I would be well advised to keep out of | the middle until it comes down one side or the other?
It is of course possible that the code copyright is owned by these people and distributed under the GPL and another licence, depending how it is acquired. However in which case it shouldn't declare itself to be ~ GPL when asked.
I doubt they would create a legal mess, I suspect they would just release the code rather than get into protracted legal disputes, unless there is something terribly secret in it (the other answer to life the Universe and everything?).
Being a Linux kernel module is irrelevant as I understand it, given the exemption Linus allowed for the module APIs.
~ Simon, not speaking for the GNU project. -----BEGIN PGP SIGNATURE----- Comment: Using GnuPG with Thunderbird - http://enigmail.mozdev.org
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