Question about GPL Software in Telekom Speedport W900V

[Ralf Friedl]

Florian Weimer:
> * Ralf Friedl:
>> even if the symlinks are resolved, there are some kernel modules
>> without source that are present in the binary firmware which are
>> loaded into the kernel.
>> These modules are: kdsldmod usbahcicore isdn_fbox ubik2 tiatm Piglet.
>> Is this legal under the GPL?
>>     
> It's not legal as far as the GPL is concerned, but Linux is licensed
> under a GPL variant which seems to permit this.
The file COPYING in the kernel source seems to contain the normal GPL 
text (including "changing it is not allowed") with the following preface:
 > NOTE! This copyright does *not* cover user programs that use kernel
 > services by normal system calls - this is merely considered normal use
 > of the kernel, and does *not* fall under the heading of "derived work".
 > ...
 >                        Linus Torvalds
This is about user progams, not about kernel modules.

When vendors distribute binary drivers, they mostly distribute on object 
file and source for a wrapper, and they do not distribute the Linux kernel.
This driver is downloaded, compiled and linked by the end user, who is 
never bound by the GPL, because the GPL covers distribution, not use.

In embedded devices, the kernel is distributed together with the kernel 
modules and the end user need not and can not link them together.

I also recall that Linus Torvalds considers the source for kernel 
modules a derived work of Linux, which is another question and in my 
opinion a litte too extreme, but it would seem inconsistent with 
considering binary objects not covered by the GPL.