Nvidia wants to distribute their proprietary driver separate from the kernel. GPL is a copy-left license, meaning any derivative works are subject to the GPL.

Nvidia wants to distribute their proprietary driver separate from the kernel. GPL is a copy-left license, meaning any derivative works are subject to the GPL. Currently Nvidia creates a proprietary driver that is not specific to linux, thus is not a derivative work. Then, they create a 'shim' layer that links their driver into the kernel. While the shim is a derivative work, the driver is not, thus copy-left doesn't apply to the driver. I think many/most would consider the ability to write loadable kernel modules an "API". Google v Oracle decided in the US Supreme court that APIs are not copyrightable. From [1]: > Supreme Court ruled in a 6–2 decision that Google's use of the Java APIs fell within the four factors of fair use, bypassing the question on the copyrightability of the APIs. IMO, Nvidia doesn't even need a shim layer, they're just playing nice. If push comes to shove, I think Nvidia will win in court. 1: https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_....