On Sun, 28 Oct 2007 21:56:36 -0500 Les Mikesell <lesmikesell@xxxxxxxxx> wrote: > Frank Cox wrote: > > > >> Then, even if you do make it, you'll have to establish why this isn't > >> ordinary fair use of an interface required to interoperate with the kernel. > > > > Because it's contrary to the license under which the Linux kernel is > > distributed. I don't think it can be made much clearer than that, frankly. > > > > It's not at all clear why the kernel license should control someone > else's work. If the work is derived it isn't someone elses work, any more than if you add a scene to a movie and redistribute it. Thats the fundamental question - is the Nvidia driver a derived work. Some people believe no, some believe yes, nobody "knows" in the US legal sense because nobody has been to court to find out - and I suspect neither side considers it worth finding out. Alan
