Re: SCC

From: Valdis.Kletnieksat_private
Date: Mon Jul 29 2002 - 22:00:52 PDT

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    On Mon, 29 Jul 2002 16:26:07 PDT, Crispin Cowan said:
    > Valdis.Kletnieksat_private wrote:
    > 
    > >Hint - why are nVidia's non-GPL drivers OK?  Because I can download them,
    > >BUT I CAN'T DISTRIBUTE THEM.
    > >
    > I don't understand that: nVidia has distributed the drivers to you. If 
    > the drivers hare GPL-tainted, then you have GPL rights to the nVidia 
    > driver source. If they are not GPL-tainted, then the terms of the nVidia 
    > drivers are whatever nVidia's EULA says.
    
    Right - and if the nVidia drivers have an EULA that has any additional
    restrictions above the GPL, I can't distribute a kernel that includes them.
    (The actual nVidia problem is that they are OCO - but any restriction or
    conflict would be similar...
    
    > ... and *that* is an extremely fine point of the law. It is a very 
    > subtle interpretation to say that SCC was "employed" by NSA when doing 
    > the initial SELinux work, and therefore the movement of the GPL'd kernel 
    > code did not actually involve "distribution".
    
    Even more subtle - there's nothing illegal about a contractor using a
    patent-encumbered technique in code they write, and leaving their employer
    to get a license for it before they can actually use the deliverables
    (which seems to be the boat we're in, actually ;)
    
    /Valdis
    
    
    

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