Originally posted by oiaohm
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First of all, that old Linus response: it clarifies all these "GPL violation" nonsense. Well, it was at least coherent. I mean these old rant against private modules, if you believe in copyrighting of function names than you can consider any private module "derived work" because it calls or implements functions and so it violates GPL2. Unfortunately for them, it is not only immoral to do this, while pretending to be against abuse of copyright law, but also now there is a precedent, case Oracle vs Google, where US supreme court declares using and implementing API is a fair use. So no, private modules do not violate GPL. Private modules are legal.
Next funny thing is that email from 2020. "Ah, the proven-to-be-illegal "GPL Condom" defense"... Why mention it? I don't ask why lie, just why mention? I mean if something is illegal, why not sue them? If you dont want, why mention? For me it is obvious, you are writing such when you know your patch is very questionable, so you are preparing for critique pretending your victim is even worse and deserves it.
Next thing, ironically if anyone is violating DCMA it is that Christoph guy. DCMA criminalizes any help in violating copyright, so, assuming private modules violate GPL, Christoph, who believes private modules violate license, intentionally mark some symbols as available to private modules helps in violating. He endorses violation, making people to believe they do legit stuff when importing EXPORT_SYMBOL only.
Yes Nvidia argued that MIT wrapper like you did magically removed the GPL even that the court cases say no it does not and worse that the MIT code can just end up being GPL.
Nobody claims something removes GPL, that is strawman.
They just work within limits of GPL, if you want GPL code within kernel module - they've written it. Yes, this is not kind of code people like Christoph want, but they have no right to force nvidia to do what they want.
These protections basically prevent people from making the error that could end up in a court case that will waste the Linux kernel developers time.
These changes should cause Nvidia drivers zero issues if they are not doing the wrong thing.
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