this post was submitted on 30 Aug 2023
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Luis Chamberlain sent out the modules changes today for the Linux 6.6 merge window. Most notable with the modules update is a change that better builds up the defenses against NVIDIA's proprietary kernel driver from using GPL-only symbols. Or in other words, bits that only true open-source drivers should be utilizing and not proprietary kernel drivers like NVIDIA's default Linux driver in respecting the original kernel code author's intent.

Back in 2020 when the original defense was added, NVIDIA recommended avoiding the Linux 5.9 for the time being. They ended up having a supported driver several weeks later. It will be interesting to see this time how long Linux 6.6+ thwarts their kernel driver.

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[–] [email protected] 55 points 1 year ago (15 children)

As the commenter stated, it is a copyright issue. Nvidia is not allowed to use this code in a proprietary driver.

[–] [email protected] 4 points 1 year ago (8 children)

Wouldn't that automatically make their code GPL?

[–] [email protected] 13 points 1 year ago (6 children)

If they want to use that code legally they should make their code GPL but i doubt there proprietary code gets automatically overrules. I wish it did.

I do wonder what would happen if someone would hack and leak Nvidia’s code under the defense that they thought Nvidia to be operating legally therefor assuming there code is GPL, I presume Nvidia would need to officially confess their crime as a legal defense that they never ment to open source their own code.

[–] deong 8 points 1 year ago

There are lots of problems here. First, if you have to "hack" something to get the code, then it likely invalidates your own defense that you thought you were allowed to release it. Second, even if you can prove that nVidia knows that they should have to GPL their code, you still have no legal right to hack something to get it. If the hacking is illegal, then it's illegal, even if it's done to enable an otherwise legal activity.

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