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this post was submitted on 30 Aug 2023
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Wouldn't that automatically make their code GPL?
No it would just make Nvidia guilty of copyright infringement
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.
Free Software Foundation, Inc. Vs Cisco Systems Inc. disagrees. The FSF sued Linksys for violating the license for GCC, libc etc.
And they were forced in court to release all their WRT stuff under GPL, which is how OpenWRT got its start.
Just the idea of nvidia being forced to open source there drivers makes me drool in sweet winners justice.
But realistically, Nvidia feels like one of the more powerful corporations around do we stand a chance? I do hope FSF tries regardless.
Linksys was part of Cisco. They had veryy deep pockets, but the FSF & SFC prevailed regardless.
I doubt the FSF or SFC will go after Nvidia, this has been a long standing issue and I haven't heard about any lawsuits being brought because of it, even before Nvidia had more money than God.
They weren't forced to do it. They did it as part of a settlement. The outcome if they had gone to trial and lost could well have been different.
(Also how do you even violate the license for gcc while making a router?)
I don't remember the details but a lot centered around the build system IIRC.
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.