Re: [PATCH v3 0/3] Support NVIDIA Tegra-based Ouya game console

[Dmitry Osipenko]

07.10.2020 19:08, Stephen Warren пишет:
...
> The facts[1] that Ouya published the code and that it used GPL-only
> symbols certainly does imply that they *should* have published under GPL
> or a compatible license, but doesn't mean that they definitely did. The
> only way to know that for sure is for there to be evidence in the file
> content or git history, such as license headers or Signed-off-by lines.

The code wasn't only published, but also was distributed in a binary
form to end users. This means that even if Ouya Inc. still existed and
they made a mistake by using GPL-only symbols plus GPL-incompatible
license for the driver, then they had to resilience the code. Hence
either way it's okay to use downstream code as a reference for the
upstream driver.

This is my understanding.