Linked by Thom Holwerda on Fri 24th Nov 2006 23:05 UTC, submitted by SEJeff
Ubuntu, Kubuntu, Xubuntu Mark Shuttleworth is trying to entice OpenSUSE developers to join Ubuntu. "Novell's decision to go to great lengths to circumvent the patent framework clearly articulated in the GPL has sent shockwaves through the community. If you are an OpenSUSE developer who is concerned about the long term consequences of this pact, you may be interested in some of the events happening next week as part of the Ubuntu Open Week."
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No, it's a violation that only the user should decide to make. There is nothing cloudy about it. You cannot legally link GPL with non-GPL compatable code. This might have been different were the kernel licensed under LGPL, but the GPL specifically prohibits it.

Actually the GPL does not prohibit linking to non GPL code. The GPL prohibits distributing it but nothing else. In fact the GPL explicity says that you can do anything you want to the code. The exceptions only come into play if you are distributing code. The GPL is a license to distribute, not a EULA. There is a gray area when it comes to what you consider derived works and whether or not binary blobs can be distributed if they are tied in some way to the kernel, but Nvidia gets around that because their binary is universal. If it was Linux-only a case could be made against it but kernel developers don't seem to be interested in those kinds of legal tangles anyway.

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