Having a discussion on the GPL - and the broadcom driver in Linksys routers came up. I'm taking the position that since it is a kernel module, it modifies the kernel when the kernel loads it - and thus, it is no different than if they were shipping a static kernel with the module compiled in, and thus they (Linksys) are in violation of the GPL because they are shipping a modified GPL product (the kernel) without releasing the source to their modifications. Other arguments are that the driver uses the kernel and is not a modification to the kernel. But I don't see how it could be that way, I see it as adding functionality to the Linux kernel (the ability to talk to the broadcom chipset) and as such, they are shipping a modified kernel without also shipping the source. Any GPL license gurus have comment? The implications of my argument are bigger than Linksys - anyone who ships a non GPL compatible driver _with_ the Linux kernel would be in violation of the GPL - including distributions that ship with the nvidia drivers. It wouldn't make the the modules themselves non distributable, just that they are non distributable with the kernel. I'm not positive my interpretation of the GPL is correct though, so I'd like comments from people who know it better than I do.
