> Not the license - the implication that binary driver modules are > an illegal derived worked based on the kernel's copyrighted code. > Until someone proves this unlikely claim in court The lawyers I've discussed this issue with don't find it particularly "unlikely". However in the case you ship both binaries to someone then the situation is much much clearer (as you'll note you have to build the binary to match each kernel and the glue includes pieces of the kernel definitions).
