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There were and are many important pieces of Linux kernel that live out of tree; ZFS is a big example.

The problem with this driver is not licensing or code quality; I assume it's under a threat of receiving C&D letter, or maybe also a legal suit for breaking some NDA.



> important pieces of Linux kernel that live out of tree; ZFS is a big example.

Including the proprietary GPU drivers. If this MacBook driver end up out of tree, so be it.




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