On Wed, 16 Aug 2006 13:44:43 -0500
John Haller <[EMAIL PROTECTED]> wrote:

> Stephen Hemminger wrote:
> > On Tue, 15 Aug 2006 18:23:19 -0500
> > Jay Cliburn <[EMAIL PROTECTED]> wrote:
> > 
> >> Stephen Hemminger wrote:
> >>> On Sun, 13 Aug 2006 19:11:42 -0500
> >>> Jay Cliburn <[EMAIL PROTECTED]> wrote:
> >> ...snip...
> >>>> I've read the LKML FAQ regarding new driver submissions, but it implies
> >>>> that the submitter be willing to maintain the driver, which I'm not
> >>>> qualified to do.  I haven't contacted Attansic to request a change to
> >>>> the above support statement, because my past attempts to contact vendors
> >>>> on matters of this tenor have been greeted with silence.
> >>> I would recommend the module author to see if they would GPL it.
> >> Thank you for your reply.  I've contacted the author as you suggest.
> >>
> > 
> > IANAL but because they used GPL code in the driver, one could argue
> > that they created a derived work covered by GPL already. But I learned in
> > preschool it is always better to ask than take.
> Not exactly.  What they wrote is covered by their copyright,
> and there is no permission to use it in any way other than
> how they licensed it.  Use of GPL code in their driver
> would allow the author of the GPL code to sue them for
> violating the license agreement, which would likely result
> in the code being released under GPL.
> 
> IANAL either, but to paraphrase another preschool saying,
> two wrongs (copyright violations) don't make a right
> (legally licensed).

In this case, though the vendor put a license file in the source that says GPL.
But they just forgot and put a different value in the MODULE_LICENSE().
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