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GPL Issues Surrounding Commercial Device Drivers?

Posted by Cliff on from the a-large-hurdle-for-linux-support dept.

Demiurg asks: "My company has recently decided to support Linux for it's embedded networking products which means that I'm starting to write Linux device drivers for our hardware. The company was very concerned about GPL issues and consulted a lawyer - who advised us to go for a user-space driver, saying that this is the only safe way to avoid GPL issues. I tried to give them a few examples of companies distributing binary only drivers (NVIDIA and Rational) but was told that these companies do not distribute binary only drivers - they only allow you to download them from a web site (which is not an option for an embedded product). What does Slashdot have to say about the issue? Is writing a user-mode (and hence not very efficient) driver the only way for a company to protect it's intellectual property? Please refrain from giving answers like 'all code should be GPL' - although I personally may agree, such answers will not help me convince management to make the change." Are there any lawyers (or readers with the right legal knowledge) out there that can confirm or contradict this recommendation?

5 of 461 comments (clear)

  1. He is not a kernel hacker by Daniel+Phillips · · Score: 4, Funny

    In general, do not take advice on how to write a device driver from a laywer. Or, if he/she insists, invite them to write the driver for you. Pay only if it works.

    --
    Have you got your LWN subscription yet?
    1. Re:He is not a kernel hacker by jpvlsmv · · Score: 5, Funny

      He's not looking for advice on writing the driver. He's looking for advice on LICENSING the driver.

      In general, do not take advice on how to license a device driver from a programmer. Or, if he/she insists, invite them to be sued. Pay only if they win.

  2. Re:Tried asking the FSF or lkml directly? by cscx · · Score: 3, Funny

    I'm supposing all the FSF will tell him is that when he's done his company's gonna have to call it GNU/EmbeddedDevice.

  3. I am impressed by pommiekiwifruit · · Score: 3, Funny

    that you clearly have the source code to your company's PABX and laser printers. It must be a pain blowing the flash roms and unscrewing the hard drives when you want to recompile the O/S to keep up with kernel patches though.

  4. Re: lawyers by Black+Parrot · · Score: 5, Funny


    > The GPL is 'viral' in a sense

    The GPL isn't viral; it's hereditary.

    I have had both GPL and non-GPL software installed together on my system for years, and none of the non-GPL software has ever been infected.

    --
    Sheesh, evil *and* a jerk. -- Jade