When distributing a Linux kernel driver as source code, what's the difference between Proprietary and GPL...

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When distributing a Linux kernel driver as source code, what's the difference between Proprietary and GPL license?


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3















The company I work for is selling PCIe cards. I'm writing the Linux driver for it as a Linux kernel module.



When selling these PCIe cards, we give along the Linux kernel driver as source code. Customers can thus compile our kernel driver on their very own version of the Linux kernel.



However, this source code is stated as Proprietary both in the header and with MODULE_LICENSE.



I was wondering what would it make as a difference to state these kernel module source files as GPL licensed?



From a customer perspective, I can see no difference as they can compile and use it whatever the license is. What am I missing?










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    I would strongly urge you to encourage your employer to get a qualified expert to give a written opinion you can reasonably rely on stating that your kernel module is not a derivative work of the Linux kernel before distributing it under any license other than the GPL. This is necessary to protect your employer from an accusation that they are negligently or intentionally violating the GPL. They need to have a good faith basis to believe that what they are doing is lawful.

    – David Schwartz
    47 mins ago
















3















The company I work for is selling PCIe cards. I'm writing the Linux driver for it as a Linux kernel module.



When selling these PCIe cards, we give along the Linux kernel driver as source code. Customers can thus compile our kernel driver on their very own version of the Linux kernel.



However, this source code is stated as Proprietary both in the header and with MODULE_LICENSE.



I was wondering what would it make as a difference to state these kernel module source files as GPL licensed?



From a customer perspective, I can see no difference as they can compile and use it whatever the license is. What am I missing?










share|improve this question







New contributor




Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
















  • 1





    I would strongly urge you to encourage your employer to get a qualified expert to give a written opinion you can reasonably rely on stating that your kernel module is not a derivative work of the Linux kernel before distributing it under any license other than the GPL. This is necessary to protect your employer from an accusation that they are negligently or intentionally violating the GPL. They need to have a good faith basis to believe that what they are doing is lawful.

    – David Schwartz
    47 mins ago














3












3








3








The company I work for is selling PCIe cards. I'm writing the Linux driver for it as a Linux kernel module.



When selling these PCIe cards, we give along the Linux kernel driver as source code. Customers can thus compile our kernel driver on their very own version of the Linux kernel.



However, this source code is stated as Proprietary both in the header and with MODULE_LICENSE.



I was wondering what would it make as a difference to state these kernel module source files as GPL licensed?



From a customer perspective, I can see no difference as they can compile and use it whatever the license is. What am I missing?










share|improve this question







New contributor




Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












The company I work for is selling PCIe cards. I'm writing the Linux driver for it as a Linux kernel module.



When selling these PCIe cards, we give along the Linux kernel driver as source code. Customers can thus compile our kernel driver on their very own version of the Linux kernel.



However, this source code is stated as Proprietary both in the header and with MODULE_LICENSE.



I was wondering what would it make as a difference to state these kernel module source files as GPL licensed?



From a customer perspective, I can see no difference as they can compile and use it whatever the license is. What am I missing?







licensing gpl proprietary-code linux-kernel






share|improve this question







New contributor




Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











share|improve this question







New contributor




Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









share|improve this question




share|improve this question






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Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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asked 5 hours ago









Didier TrossetDidier Trosset

1162




1162




New contributor




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New contributor





Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






Didier Trosset is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








  • 1





    I would strongly urge you to encourage your employer to get a qualified expert to give a written opinion you can reasonably rely on stating that your kernel module is not a derivative work of the Linux kernel before distributing it under any license other than the GPL. This is necessary to protect your employer from an accusation that they are negligently or intentionally violating the GPL. They need to have a good faith basis to believe that what they are doing is lawful.

    – David Schwartz
    47 mins ago














  • 1





    I would strongly urge you to encourage your employer to get a qualified expert to give a written opinion you can reasonably rely on stating that your kernel module is not a derivative work of the Linux kernel before distributing it under any license other than the GPL. This is necessary to protect your employer from an accusation that they are negligently or intentionally violating the GPL. They need to have a good faith basis to believe that what they are doing is lawful.

    – David Schwartz
    47 mins ago








1




1





I would strongly urge you to encourage your employer to get a qualified expert to give a written opinion you can reasonably rely on stating that your kernel module is not a derivative work of the Linux kernel before distributing it under any license other than the GPL. This is necessary to protect your employer from an accusation that they are negligently or intentionally violating the GPL. They need to have a good faith basis to believe that what they are doing is lawful.

– David Schwartz
47 mins ago





I would strongly urge you to encourage your employer to get a qualified expert to give a written opinion you can reasonably rely on stating that your kernel module is not a derivative work of the Linux kernel before distributing it under any license other than the GPL. This is necessary to protect your employer from an accusation that they are negligently or intentionally violating the GPL. They need to have a good faith basis to believe that what they are doing is lawful.

– David Schwartz
47 mins ago










1 Answer
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Do you customers have any right to modify the source they've been given? Do they have the right to distribute the code without your permission? Do they have the right to distribute modified versions of your code? All of those would be allowed under the GPL, but aren't under a proprietary license.



Open source is not just about the ability to use the code, it's about freedom to modify the code and adapt it for other uses, and to redistribute it (even sell it) without your permission.






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    1 Answer
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    4














    Do you customers have any right to modify the source they've been given? Do they have the right to distribute the code without your permission? Do they have the right to distribute modified versions of your code? All of those would be allowed under the GPL, but aren't under a proprietary license.



    Open source is not just about the ability to use the code, it's about freedom to modify the code and adapt it for other uses, and to redistribute it (even sell it) without your permission.






    share|improve this answer




























      4














      Do you customers have any right to modify the source they've been given? Do they have the right to distribute the code without your permission? Do they have the right to distribute modified versions of your code? All of those would be allowed under the GPL, but aren't under a proprietary license.



      Open source is not just about the ability to use the code, it's about freedom to modify the code and adapt it for other uses, and to redistribute it (even sell it) without your permission.






      share|improve this answer


























        4












        4








        4







        Do you customers have any right to modify the source they've been given? Do they have the right to distribute the code without your permission? Do they have the right to distribute modified versions of your code? All of those would be allowed under the GPL, but aren't under a proprietary license.



        Open source is not just about the ability to use the code, it's about freedom to modify the code and adapt it for other uses, and to redistribute it (even sell it) without your permission.






        share|improve this answer













        Do you customers have any right to modify the source they've been given? Do they have the right to distribute the code without your permission? Do they have the right to distribute modified versions of your code? All of those would be allowed under the GPL, but aren't under a proprietary license.



        Open source is not just about the ability to use the code, it's about freedom to modify the code and adapt it for other uses, and to redistribute it (even sell it) without your permission.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 5 hours ago









        Philip KendallPhilip Kendall

        1,613411




        1,613411






















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