Comment 36 for bug 36596

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Matt Good (launchpad-matt-good) wrote : Re: system freeze after clicking task manager trash icon in "pan" newsreader

Paul: distributing a modified kernel binary and then charging for source access is a violation of the GPL. From the GPL FAQ:

  Does the GPL allow me to charge a fee for downloading the program from my site?
    Yes. You can charge any fee you wish for distributing a copy of the program. If you distribute binaries by download, you must provide "equivalent access" to download the source--therefore, the fee to download source may not be greater than the fee to download the binary.
    (http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowDownloadFee)

The X.Org license does not have this restriction, so I believe that charging separately for access to the modified ATI driver source is your right.