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Re: GPL-ed code in a driver for a proprietary OS

From: Dean Ramsier
Subject: Re: GPL-ed code in a driver for a proprietary OS
Date: Wed, 7 Nov 2007 09:04:51 -0500

And no matter what you get here, at the end of the day you're going to have 
to make sure your lawyers are comfortable with it.  The MS license that you 
agree to with CE prohibits you from using GPL'd code in a way that might 
expose the OS.  I'd guess if you were to try to clear the issue with MS they 
would see the word GPL and automatically say you can't do it no matter what 
it's merits...

Dean Ramsier - eMVP
BSQUARE Corporation

"<ctacke/>" <ctacke[at]opennetcf[dot]com> wrote in message 
> I've always considered that ambiguity a risk, and chosen not to use GPLed 
> code.
> -- 
> Chris Tacke, Embedded MVP
> OpenNETCF Consulting
> Giving back to the embedded community
> <> wrote in message 
>> Hi all,
>> I'm wondering what the general consensus is on the legitimacy of using
>> GPL-ed code in a driver for a proprietary operating system, in my
>> particular case to generate a file system driver for Windows CE.
>> I've had a good read of the GPL license and associated FAQs at 
>> and trawled through various Usenet postings and it seems to me to be a
>> bit of a grey area.  Regardless of how others might view things it is
>> pretty clear that the opinion of the FSF is that the act of linking to
>> a GPL-ed program, regardless of whether that linking is static or
>> dynamic, creates a derived work that must also fall under the GPL
>> license (and if this not the intent of the copyright holder they
>> should maybe be using the LGPL instead), however there is a clear
>> exemption allowing a GPL-ed program to use libraries/ components that
>> are a standard part of the operating system for which the program is
>> designed without the OS components falling under the GPL.  I'm
>> wondering whether this exemption could be considered to work in the
>> other direction, allowing a GPL-ed driver/module/plugin to be used by
>> a proprietary OS.
>> Thanks for your thoughts,
>> Richard Lang.

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