[clug] The GPL and kernel modules

Hugh Fisher hugh.fisher at anu.edu.au
Tue Jun 20 23:14:03 GMT 2006

Martin Pool wrote:

> Cui bono?  "Using GPL'd software is legally risky -> use BSD -> get help
> from Wasabi to use BSD".  Having that motivation doesn't make them
> wrong.  But Eben Moglen calls it "pure anti-GPL FUD".

I suspect Eben Moglen is trying to dismiss FUD-mongers using
the Wasabi article, not Wasabi themselves. I can easily see
the long section by Wasabi which can be roughly summarised as
"if you distribute GPL software and then violate the GPL you
might now be in breach of Sarbanes-Oxley which has jail
penalties" being shortened by SCO or similar types to "If you
distribute GPL software you'll go to jail." That's FUD, but
it isn't what Wasabi wrote.

The SFLC article disagrees with Wasabi about the degree of
legal oversight required by embedded developers using GPL
software, not that they have to respect both the GPL and
Sarbanes-Oxley. That's all.

Of direct interest to at least one CLUG member, AFAIK neither
Eben Moglen nor the SFLC have disputed the Wasabi article
view that binary-only kernel modules are a violation of the


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