Is there a BSD port of tulip.c

[Donald Becker]

On Thu, 15 Apr 1999, Peter Svensson wrote:
> On Wed, 14 Apr 1999, Donald Becker wrote:
> > No, read the license and check a legal text on copyright.
> > Distributing a patch file is a violation of the copyright -- it's
> > contributory infringement.
> 
> I am still not clear on this - which part of the gpl would prohibit me
> from modifying the source and distributing a modified source? I can
> incorporate a piece of a gpl:ed program (the tulip dirver part) into a
> separate package containing only that part. In and of itself it will not
> do anything useful, but the gpl does not mandate that what I distribute is
> functional in any way. It is still covered by the gpl under §2b. 

Incorrect.  By that logic you could pick and choose any subset of the Linux
kernel, link it to your non-GPL, and distribution only the GPL source.
That's clearly prohibited.

Read
    http://cesdis.gsfc.nasa.gov/linux/misc/modules.html#legal

> Anyone can under the gpl use gpl code in whatever way they want, including
> linking it with proprietary code.

Correct.

> It can, however, not be distributed
> unless the whole package is under GPL.

Correct.

>. This is irellevant as the aggregate
> is never distributed, only the gpl:ed driver.

Incorrect.  Look up "contributory infringement".
You are trying to use the "pick-a-subset" attack on the GPL, which doesn't
work legally.
The next step is the "define-an-interface/API" attack..
Once again, see
    http://cesdis.gsfc.nasa.gov/linux/misc/modules.html#legal


> This is the only interpretation I can arrive at from reading the gpl. I
> personally don't really care one way or another, but I do want to
> understand the situation. It is fascinating. :-)

These situations have come up many time before.
Many lawyers have looked at the GPL, with the intent of breaking it.
Just because you think/want that GPL to say that you can take the code and
mix it with non-GPL code doesn't mean you can.

Donald Becker					  becker@cesdis.gsfc.nasa.gov
USRA-CESDIS, Center of Excellence in Space Data and Information Sciences.
Code 930.5, Goddard Space Flight Center,  Greenbelt, MD.  20771
301-286-0882	     http://cesdis.gsfc.nasa.gov/people/becker/whoiam.html