Section 8.5. Device Drivers and the GPL

8.5. Device Drivers and the GPL

Much discussion and debate surrounds the issue of device drivers and how the terms of the GNU Public License apply to device drivers. The first test is well understood: If your device driver (or any software, for that matter) is based, even in part, on existing GPL software, it is called a derived work. For example, if you start with a current Linux device driver and modify it to suit your needs, this is certainly considered a derived work, and you are obligated to license this modified device driver under the terms of the GPL, observing all its requirements.

This is where the debate comes in. First, the disclaimer. This is not a legal opinion, and the author is not a lawyer. Some of these concepts have not been tested in court as of this writing. The prevailing opinion of the legal and open source communities is that if a work can be proven ^[8] to be independently derived, and a given device driver does not assume "intimate knowledge" of the Linux kernel, the developers are free to license it in any way they see fit. If modifications are made to the kernel to accommodate a special need of the driver, it is considered a derived work and, therefore, is subject to the GPL.

^[8] This practice is not unique to open source. Copyright and patent infringement is an ongoing concern for all developers.

A large and growing body of information exists in the open source community regarding these issues. It seems likely that, at some point in the future, these concepts will be tested in a court of law and precedent will be established. How long that might take is anyone's guess. If you are interested in gaining a better understanding of the legal issues surrounding Linux and open source, you might enjoy www.open-bar.org.