Re: [future of drivers?] a proposal for binary drivers.

From: Phillip Susi
Date: Thu Mar 09 2006 - 11:28:11 EST


Luke-Jr wrote:
Or Linux can remain GPL'd, which prohibits binary drivers *legally*, and back this by keeping a non-stable API which prohibits binary drivers *technically*.

If binary drivers are illegal, then why have ATI and nvidia not been sued yet?

Interacting with the kernel does not make your software a derived work. A derived work is if you make your own kernel that is very close to a straight copy of the Linux kernel. The right to create new works that interact with others ( and therefore, require some understanding of how the other work operates ) is specifically protected by the US copyright act.

This is why it is legal to reverse engineer a binary driver to gain an understanding of how the hardware operates, publish that information, and then use that information to create new software to operate that hardware.


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