Code that Microsoft released Monday for the Linux kernel under the General Public License version 2 (GPLv2) was in violation of that license before Microsoft made it available, according to an open-source network engineer.
Stephen Hemminger, principal engineer with open-source network vendor Vyatta, in a blog post claims that a network driver in Microsoft's Hyper-V virtualization software used open-source components licensed under the GPL. Since the license does not allow for mixing of closed-source or proprietary code with open-source code, the software was in violation of the GPL, he said in the post, which details how the violation was discovered.

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