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How to (not) use GPL Software
Derivative Works

Moral Issues
Apart from what is legally possible, there are moral issues
Even if in a particular case there is no legal way to claim a binary-only kernel module is a derivative work, you might still be acting against the authors' wishes
By shipping binary-only kernel modules, you violate the "moral code of conduct" of the Free Software community
But it is the work of this very community that enables you to build your product based on Free Software
Such action might have long-term detrimental effects on the motivation of FOSS developers (dissatisfaction, demotivation, ...)

personal git repositories of Harald Welte. Your mileage may vary