Please educate me: is this a GPL violation?

while looking for a driver for my sn9c201 0c45:624f Microdia usb webcam, I stumbled upon this driver.
As stated in the GPL, anyone can charge for a GPL work, so that's not what I question here.
What I question is that the trial package contains a kernel module and some doc. The module obviously links to the kernel directly (there's not even userspace tricks like nvidia or ipw3945), therefore is unambiguously derivative work and thus falls into the GPL realm. This seems to draw a similar conclusion.
The guy distributes a binary without providing source code, even if you pay for the non-trial version.
Is my reasoning falling apart somewhere? or is this a genuine GPL violation?
PS: people are working on getting it supported the right way.
Last edited by lloeki (2008-03-27 09:27:27)

Mandor, I agree with you about your interpretation of the GPL, yet I'd like to point you to this excerpt (straight from the driver's FAQ):
3. Q: Is the driver open-source or closed-source?
   A: The driver is closed-source and provided as a binary-only kernel module.
4. Q: Will you release the source code one day?
   A: It's likely I will never release the source code, unless I have
      financial proposals. The best candidate is the manufacturer of these
      controllers. If you would like to see this driver released under
      the GPL to everyone, please send them a personal request.
      The more requests they will see, the more they will consider this driver.
      Another way is to collect the money once from all the potential
      users, according to the principles of the ransom model:
      "A publishing model where copyrighted works (such as books, software,
       or music) remain proprietary until a total amount of money is
       collected or a certain date arrives, at which point the work is
       automatically freed to the public."
      The terms of this approach will require a preliminary discussion
      between me and a group of interested users. Contact me in this case.
      Should a possible agreement go well, I am also available for submitting
      the source code to the mainstream Linux kernel, maintaining and improving
      the driver by supporting new hardware promptly and for free for an unlimited
      period of time.
Clearly, no request whatsoever will make the author hand over the source code to anyone.
What's more, and unrelated to this being a violation or not, there's no chance I (or anyone for that matter) will pay for the amount of money the guy charges for a one-time custom build of a webcam driver for a non-mainstream distro (see the FAQ point 9. for details). The sole figure is ridiculous.

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