The issue of whether binary-only kernel modules violate the GPL cropped up again this month on the Linux kernel mailing list, where Linus Torvalds thwarted an effort to ban them. Torvalds called banning binary modules “stupid,” and told kernel hackers they should base decisions on technical merit, not political agendas.

Linus Torvalds

The flap shows Torvalds has not abandoned his pragmatism or frankness, nor his viewpoint that not all drivers are “derived works” based on the Linux kernel or other drivers. The flap also demonstrates that many kernel developers continue to feel that loading non-GPL drivers violates the GPLv2 license and their copyrights.

It all began yesterday, when Martin Bligh wrote, “So let's come out and ban binary modules, rather than pussyfooting around, if that's what we actually want to do.”

Adopting the viewpoint of kernel hackers trying to write drivers for proprietary hardware, Linux maintainer Andrew Morton ventured, “I think I'd favor that. It would aid those people who are trying to obtain device specs, and who are persuading organizations to GPL their drivers.”

The issue became less hypothetical when, within hours, SUSE developer Greg Kroah-Hartman posted a short patch that would have given real teeth to the “your kernel has been tainted” console message shown when a binary module is loaded: a new addendum would have read: “This module will not be able to be loaded in any kernel released after January 1, 2008 due to its license.”

That evening, however, Torvalds weighed in, voicing his opposition in no uncertain terms. Torvalds made it clear that if the patch made it into Linux, it would not be via his tree.

Torvalds said he thinks the kernel community should make decisions based on technical merit, rather than political agendas. And, he said, banning binary modules has no technical merit, because binary drivers would simply be replaced by “shell game” drivers that link in binary-only userspace applications.

Kroah-Hartman subsequently withdrew his patch, although not before posting an interesting description of why some kernel programmers are frustrated by what they perceive to be copyright and GPL violations, both intentional and unintentional.

The exchange was also discussed on Slashdot today.

 
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