On Fri, 2006-02-17 at 07:35 -0600, Les Mikesell wrote: > > Isn't that the same claim that SCO has tried to make - that > anything developed for and compiled with the Unix kernel > is covered by their copyright and controlled by their > terms regardless of who wrote it? No - not at all. Different scenario all together. Ship a binary driver by itself - you aren't shipping any GPL code. nvidia could ship their driver with their video cards, for example - and be fine. But once you are shipping the kernel, you have to abide by the GPL or else you have no right to distribute the kernel at all. Since the binary module adds functionality to the kernel, it is a modification to the GPL product (kernel) you are shipping - and therefore has to be released with a GPL compatible license.