For which situation LICENSE changes in gpu arm utgard build fix patch is allowed

[rkalkani]

https://github.com/96boards/meta-96boards/blob/master/recipes-kernel/linux/linux-96boards/0005-drivers-gpu-arm-utgard-Fix-build-issue.patch#L14

I am using OdroidC1plus board. I am facing same licensing issue in build.
Can anyone explain in which cases this change is allowed ? I don't want to trap in licensing issue for production build.

[fboudra]

See the following commit: 96boards-hikey/linux@102339c

The following statement doesn't have consistent behaviour on all machines: $(wildcard $(src)/linux/license/gpl/*)

On some, it actually returns the name of the GPL header file, on others it is a blank string.
Since the driver is in-tree, we can assume GPL compliance.

[rkalkani]

Since it is in Linux divers tree. It is GPL compliance.
Am I right ?