from the libertarian newspaper

[Luke -Jr]

On Monday 22 January 2007 15:55, Jon Pruente wrote:
> On 1/22/07, Luke -Jr <luke at dashjr.org> wrote:
> > That's why companies like nVidia and ATi continue to violate the
> > licensing terms on Linux...
>
> I still have yet to see someone point out where the licensing terms of
> Linux preclude the use of binary drivers.  I'm  not aware of them
> using any GPL code and disclosing it, but I do know of them releasing
> closed code drivers.  Closed code is not against the Linux license,
> AFAIK, so long as that code does not include code from an Open
> license, such as the GPL.  Where is it written that closed binary
> drivers are against the GPL?  They may be against the spirit of it,
> but not against the actual terms.

Nobody disputes that the code links to Linux, which the GPL forbids. By using 
internal, unfixed function calls, it is also a derivative work.

The GPL forbids linking (of any kind) with incompatibly licensed code.