Originally Posted by russofris
Developing a closed source module for the linux kernel is legal. It "is" illegal to distribute said module without the source. Creating a GPL'd kernel interface for a binary module that was built for another OS is the grey area. While the Nvidia Linux and Windows modules share a common codebase, it doesn't help their situation. They still maintain a linux branch, and distribute the binary.
If they released a gpl kernel interface to their Windows driver, then they'd be all set in the grey area of which you speak. But they don't (It's really not technically feasible anyway).
So, Nvidia is in violation of the GPL. Only the creators of the code which they link against (linux kernel devs mainly) can take action against them. If they released source, they'd be in violation of their contracts with Intel, Microsoft, and a dozen other IP holders. I actually feel sad for them.
The only way forward is to port the UtahGLX code to Mesa/DRI, rev-eng the NV3x -4x specs, and write our own driver.
Thank you for your time,
Oh whats that, the driver license says your not allowed to reverse engineer anything (http://www.nvidia.com/object/nv_swlicense.html
) , looks like were screwed, and stuck with waiting for nvidia to take forever to support us, even though we spend $270 for a card with their gpu.