This is a quite interesting case from a legal standpoint.
IANAL but my 5 cents are:<p>* If it's true that Samsung distributed this driver as part of the Linux kernel source code tree then it is arguably a derivative work of the Linux kernel.<p>* If so then these two sections of the GPL seem relevant:<p>> 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.<p>> 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.<p>* I'm not absolutely sure what that means for rxrz. Section 6 seems to imply that rxrz may have a license to the driver, and that that license is indeed the GPL. On the other hand section 4 seems to imply that the redistribution to rxrz was "void". Does that mean rxrz does not have the rights under section 6?<p>If I where rxrz I would at least toy with this idea: a) wait for the DMCA take down notice, b) challenge it claiming to have a license under section 6 of the GPL and c) hope that Samsung does not have the nerve to go to court and risk a decision that would clarify that their license to the Linux kernel has been irreversibly revoked. :)<p>But where does that leave us concerning legality? Is it clear that what rxrz has done is illegal?