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Re:Report from the VMware GPL court hearing by xorcist on Friday February 26, 2016 @03:39PM (#11184045)
> Now it seems it is OK to ship a binary blob driver that links against Linux driver apis. Nvidia, ati,

Several copyright holders in the kernel are on the record that what Nvidia is doing is not ok. Linus himself is known for some harsh words.

In theory you only need one who is willing to put up a fight. Your business model should not depend on winning a court case concerning the actual license as it is put in print. It should be based on you not going to court at all, by not doing things against the copyright holders wishes.

Re:Report from the VMware GPL court hearing by Elhana on Friday February 26, 2016 @06:49PM (#11185200)
Actually, if I understand what Linus says here[1] correctly, porting modules from other OSes to work with linux seems to be ok, writing closed source modules specifically for linux kernel is not ok. But overall still a gray area.

Other kernel devs indeed claim that everything that links with a kernel is a derivative work and EXPORT_SYMBOL / EXPORT_SYMBOL_GPL distinction means nothing.

[1] https://lkml.org/lkml/2003/12/3/228