Is MODULE_LICENSE in a Linux Kernel Module legally binding?

Question

I own a piece of proprietary hardware purchased from a company. They also provide a Linux kernel module for it, but it is incompatable with my kernel version and I'd like to get the source code to it to fix it. The License file that comes with the software claims the software is under a proprietary license. However during my efforts to make this work, I've discovered that the module claims MODULE_LICENSE("GPL") in announcing itself to the kernel, most likely to avoid a warning about tainting the kernel.

Because of this, is the company legally required to provide me withthe module source code and if so, how do I go about getting them to do this.

Answer 1

Have you tried just asking them nicely for a module for the kernel version you're using? Nobody has a legal obligation to give you source to anything, period. Copyright only grants legal rights to the owners of the protected material. So GNU might be able to go after them for misusing their trademark, or require them to release the source if they linked against GPL code, but you can't do anything but make them refuse to talk to you.

Answer 2

It seams hard to claim the code is not GPL, when that's how it declares itself.

It's almost like tell people that is in the license header of a source file should be ignored.

Answer 3

No, the company seems to have made it clear what the terms of your license are and just because their module lies to the Linux kernel does not in any way impart additional rights to you not granted in their license. In addition, even if it did, the GPL itself doesn't allow this and the GPL wouldn't apply to the software anyway.

Section 4 of the GPL states:

You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

Answer 4

I don't think you would succeed in forcing the company to publish the module under GPL. There was a similar case, which ended up with a company ceasing to feign that their module is GPLed after quite some negative publicity.