Samsung only distributes the binaries on ExFAT licensed devices, so the users have the right to modify Samsung's code AND use it (and, with GPL, have the right to redistribute the code).
Samsung has zero obligations to the rest of the world.
The reason kernel modules were designed in the first place was to circumvent licensing issues. But this case is probably even worse.
the key being "any third party", which includes people you didn't give the binary to. Samsung didn't include a copy of the source code with the device, therefore Samsung were distributing under GPLv2 3(b), therefore Samsung has obligations to the entire world.Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code
Michael, benchmarks of this coming up?
Hell, you could put Libdvdcss, all the codecs, even Flash and prop drivers in Trisquel if you really wanted to, and a lawsuit against Trisquel because someone put libdvdcss or ExFat into their system based on it would probably be laughed out of court.
Big corporate users are being advised by Mint and other such distros not to install codecs either. Only someone using a big still camera with an unpatented raw format for everything will need ExFAT but not need the patent-busting codecs just to read the camera files. As a result, the importance of the ExFat patent is limited by the fact that patent-busting codecs are in most of the same workflows that need the ExFat driver.
There remains a reason to boycott cameras that support ExFat at all: to deny Microsoft revenue from the license purchased by the maker of the camera. Make sure it does not support camera cards over 32GB, just use "seamless recording' to start new files every 4GB-it works fine.
Also, once we have to use external repo kernel modules to handle "jerk" fileystems like Exfat, every kernel update is going to require a DKMS run, but that only slows down kernel updates, no every single read of a camera card. It's probably too late to kill ExFat commercially, the real fix would be custom firmware or OS images for common cameras that would use our own filesystems-and our own codecs. A camera shooting ogv or VP8 video onto an ext4 camera card with custom firmware would be damned fine with me. Ideally, you would be able to install free software on every device you own and thus blacklist every last piece of patented software.