Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-07-07 Thread Branden Robinson
[I am not subscribed to debian-kernel.] On Fri, Jun 18, 2004 at 11:00:55AM -0400, Michael Poole wrote: Brian Thomas Sniffen writes: It's a unilateral license. It can't mean anything but what he intends it to mean. Reference, please? That is Alice in Wonderland logic (Words mean exactly

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-27 Thread Nathanael Nerode
Michael Poole wrote: Brian Thomas Sniffen writes: snip It's a unilateral license. It can't mean anything but what he intends it to mean. Reference, please? That is Alice in Wonderland logic (Words mean exactly what I want them to mean, neither more nor less.). I hope that a license

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-20 Thread Francesco Poli
On Fri, 18 Jun 2004 14:26:05 -0500 Joe Wreschnig wrote: [...] I agree with Michael Poole insofar as this message. I agree too. Here's an attempt at an unbiased summary: There are four classes of firmware: 1. Firmware which no one has any permission to distribute. These have to go

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-20 Thread Francesco Poli
On Fri, 18 Jun 2004 13:06:37 -0700 Josh Triplett wrote: I would argue that while the new Social Contract makes it unambiguously clear that the DFSG applies to non-programs (such as documentation, etc), both the old and new Social Contracts clearly apply to software. While it has been

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Andrew Suffield
On Thu, Jun 17, 2004 at 08:54:03PM +0100, Matthew Wilcox wrote: Surely if anyone should be concerned, it's one with a half-billion dollar market capitalisation rather than one with tens of thousands in its bank account. No, quite the opposite. The former will not be seriously afflicted by

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 17/06/2004 17:19 : wrote Raul Miller : On Thu, Jun 17, 2004 at 03:46:14PM -0300, Humberto Massa wrote: But there is. You see, in Law, when you enumerate things, you are separating things. (dichotomy = two separated in Greek) I'm writing in english, not greek. Your reaction is

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 17/06/2004 19:34 : wrote Francesco Poli : Well, if MS Word is installed by unpacking a separate package, then it's merely data from the installer point of view. In this case, yes, the installer can be GPL'd. Just as dpkg(8) which is GPL'd, but, of course, using it to install a non-free

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 18/06/2004 05:45 : wrote Andreas Barth : * Josh Triplett ([EMAIL PROTECTED]) [040617 23:55]: Matthew Wilcox wrote: You speak as if this has no negative effects. In fact, it does. By removing, let's say, the tg3 driver, you make Debian unusable for a large percentage of users. Those

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 17/06/2004 18:27 : wrote Raul Miller : If you think there is some legally relevant document which means that a ... work of an earlier edition), please cite that specific document. On Thu, Jun 17, 2004 at 04:41:42PM -0400, Michael Poole wrote:

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Matthew Palmer
On Fri, Jun 18, 2004 at 09:04:18AM -0300, Humberto Massa wrote: Repeating, trying to summarize: the current version of the Linux kernel is a derivative work of its earlier versions, and an anthology work of its separated autonomous parts. Those parts, in principle, would be each and every

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Raul Miller
On Thu, Jun 17, 2004 at 04:41:42PM -0400, Michael Poole wrote: This is not the way the law works. The presumption is not this work is a derivative work because Raul Miller claims it is. Humberto has cited reasons why the kernel tarball (or binary images) should be considered a compilation

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Brian Thomas Sniffen
[EMAIL PROTECTED] writes: Brian Thomas Sniffen [EMAIL PROTECTED] writes: Michael Poole [EMAIL PROTECTED] writes: I expect that if a contributor has an uncommon interpretation of the license requirements, he should check. I suspect that few people think a GPL'd installer of Microsoft Word

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Brian Thomas Sniffen
Thiemo Seufer [EMAIL PROTECTED] writes: The firmware typically wasn't patched, and nothing is derived from it. Isn't the kernel containing the firmware derivative of it? If not, why can't I put some GPL-incompatible x86 code into the kernel, load it into a device in my system -- the main memory

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 18/06/2004 09:50 : wrote Matthew Palmer : I would imagine that a lot of the patches in the kernel are derivative works of the kernel, besides. This is, I would imagine, the major difference between the kernel and a standard anthology. - Matt That's why I exposed in detail my point in

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 18/06/2004 09:52 : wrote Raul Miller : On Thu, Jun 17, 2004 at 04:41:42PM -0400, Michael Poole wrote: This is not the way the law works. The presumption is not this work is a derivative work because Raul Miller claims it is. Humberto has cited reasons why the kernel tarball (or binary

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 18/06/2004 09:56 : wrote Brian Thomas Sniffen : [EMAIL PROTECTED] writes: Brian Thomas Sniffen [EMAIL PROTECTED] writes: Michael Poole [EMAIL PROTECTED] writes: I expect that if a contributor has an uncommon interpretation of the license requirements, he should check. I suspect that few

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Dave Howe
Brian Thomas Sniffen wrote: But why do I have permission to distribute the GPL'd installer that way (let's say it incorporates Emacs for some reason)? This isn't mere aggregation -- it would be if the files were next to each other on a CD and otherwise unrelated, but it's clear that there

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Matthew Wilcox
On Fri, Jun 18, 2004 at 09:02:25AM -0400, Brian Thomas Sniffen wrote: I would be much more convinced if I saw an argument from the GPL-incompatible-firmware-is-OK side as to why the GPL prohibits distributing linkages of GPL'd and GPL-incompatible code. The interpretation favoured by kernel

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
I apologize for the cross-posting to linux-kernel, but this seems relevant to me (even if it comes from debian- lists) to the kernel developers as a whole. @ 18/06/2004 10:02 : wrote Brian Thomas Sniffen : Thiemo Seufer [EMAIL PROTECTED] writes: The firmware typically wasn't patched, and

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Brian Thomas Sniffen
Humberto Massa [EMAIL PROTECTED] writes: No, Raul. The law. USC17, BR copyright law, and probably every copyright law following the Geneva convention *does* such a distinction. BR copyright law specifically separates the rights of derivative works from the rights of a collective (anthology)

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 18/06/2004 10:39 : wrote Dave Howe : At what point does the unpackager/installer become an interdependency? most installers come in three forms 1) a archive containing the product, and a uncompactor capable of extracting the files from the archive, and correctly placing them (possibly

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Humberto Massa
@ 18/06/2004 11:25 : wrote Brian Thomas Sniffen : Humberto Massa [EMAIL PROTECTED] writes: No, Raul. The law. USC17, BR copyright law, and probably every copyright law following the Geneva convention *does* such a distinction. BR copyright law specifically separates the rights of derivative

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
Brian Thomas Sniffen writes: [EMAIL PROTECTED] writes: The installer can be GPLed, sure. Why shouldn't it be? You will likely run into other copyright issues because you do not have permission to redistribute Microsoft Word like that, but it is irrelevant to the GPLness of the installer.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
Brian Thomas Sniffen writes: Humberto Massa [EMAIL PROTECTED] writes: No, Raul. The law. USC17, BR copyright law, and probably every copyright law following the Geneva convention *does* such a distinction. BR copyright law specifically separates the rights of derivative works from the

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Brian Thomas Sniffen
Humberto Massa [EMAIL PROTECTED] writes: Repeating, trying to summarize: the current version of the Linux kernel is a derivative work of its earlier versions, and an anthology work of its separated autonomous parts. Those parts, in principle, would be each and every patch that entered the

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Raul Miller
On Fri, Jun 18, 2004 at 02:46:22PM +0100, Matthew Wilcox wrote: The interpretation favoured by kernel hackers is that anything that runs on the host CPU is part of the program, and anything that runs on the card is just data for the program to operate on. This distinction isn't relevant when

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Raul Miller
On Fri, Jun 18, 2004 at 10:55:47AM -0300, Humberto Massa wrote: What rights do the GPL'd software recipient have? The GPL grants some rights not granted by copyrights law. I made an extensive document and posted it to d-l, but no-one seemed to listen or to understand. All ok. IRT making

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread William Lee Irwin III
On Fri, Jun 18, 2004 at 11:35:43AM -0400, Raul Miller wrote: That clause only deals with some anthology works, not all. It's an exception to a work based on the Program means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Thiemo Seufer
Brian Thomas Sniffen wrote: Thiemo Seufer [EMAIL PROTECTED] writes: The firmware typically wasn't patched, and nothing is derived from it. Isn't the kernel containing the firmware derivative of it? AFAICS it contains not a derivative in the legal sense but the original in a different

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Alexander Cherepanov
17-Jun-04 12:24 Humberto Massa wrote: @ 17/06/2004 00:43 : wrote Raul Miller : My point is that any sentence talking about a work based on the Program is by default talking about both derivative and collective works. No way. The clause #0 of the GPL is crystal clear: a work based on the

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
Alexander Cherepanov writes: Look, it explicitly mentions a work containing the Program. The language is probably not ideal but it's crystal clear that work based on the Program is intended to mean _any_ work containing some part of the original work, be it a derived work, a compilation, or

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Glenn Maynard
On Fri, Jun 18, 2004 at 10:16:50AM -0300, Humberto Massa wrote: broke this thread for the 16th time, despite having been asked to fix his mailer repeatedly Why do you refuse to fix your horribly broken mailer? -- Glenn Maynard

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread William Lee Irwin III
On Fri, Jun 18, 2004 at 04:50:08PM +, Brian M. Carlson wrote: If it's undistributable, it obviously doesn't belong in main. So please remove the undistributable stuff. Second, if it's non-free, it doesn't belong in the kernel, which is in main. So remove anything that is non-free from the

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Joe Wreschnig
On Fri, 2004-06-18 at 10:51, William Lee Irwin III wrote: On Fri, Jun 18, 2004 at 11:35:43AM -0400, Raul Miller wrote: That clause only deals with some anthology works, not all. It's an exception to a work based on the Program means either the Program or any derivative work under copyright

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
Thiemo Seufer wrote: Brian Thomas Sniffen wrote: as to why the GPL prohibits distributing linkages of GPL'd and GPL-incompatible code. It doesn't. If some work includes a GPL'ed work and is distributed, then the whole work must be GPL compatible. This doesn't extend to a collection of works.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
William Lee Irwin III writes: I'm getting a different story from every single person I talk to, so something resembling an authoritative answer would be very helpful. For Debian's purposes, I believe that Joe's summary is correct: DFSG requires that anything without source be removed. As far

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread William Lee Irwin III
On Fri, Jun 18, 2004 at 12:34:24PM -0500, Joe Wreschnig wrote: The current release policy says that all firmware not licensed under GPL-compatible licenses needs to be removed. It also says that any sourceless firmware needs to be removed.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Raul Miller
On Fri, Jun 18, 2004 at 10:47:50AM -0700, William Lee Irwin III wrote: I'm getting a different story from every single person I talk to, so something resembling an authoritative answer would be very helpful. The current GR on debian-vote attempts to resolve some of these issues. FYI, -- Raul

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread William Lee Irwin III
William Lee Irwin III writes: I'm getting a different story from every single person I talk to, so something resembling an authoritative answer would be very helpful. On Fri, Jun 18, 2004 at 01:55:34PM -0400, Michael Poole wrote: For Debian's purposes, I believe that Joe's summary is correct:

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
Michael Poole wrote: Alexander Cherepanov writes: Look, it explicitly mentions a work containing the Program. The language is probably not ideal but it's crystal clear that work based on the Program is intended to mean _any_ work containing some part of the original work, be it a derived work,

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Patrick Herzig
On Fri, 2004-06-18 at 19:39, Michael Poole wrote: Raul Miller writes: Because the linux kernel does not represent mere aggregation of one part of the kernel with some other part on some storage volume. It's not a coincidence that the parts of the kernel are there together. The usual

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
Josh Triplett writes: Mere aggregation only applies to independent works, and only when they are distributed on a volume of a storage or distribution medium. Separate, non-interdependent programs on Debian CDs fit both criteria. They are part of a Debian system. That makes them neither

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Raul Miller
Firmware images embedded in kernel drivers fit neither. On Fri, Jun 18, 2004 at 02:39:37PM -0400, Michael Poole wrote: Please, demonstrate why the firmware is not an independent work. No one has done so yet. Then define interdependent programs and explain why that concept is relevant to

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
Michael Poole wrote: Josh Triplett writes: Mere aggregation only applies to independent works, and only when they are distributed on a volume of a storage or distribution medium. Separate, non-interdependent programs on Debian CDs fit both criteria. They are part of a Debian system. That

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Joe Wreschnig
On Fri, 2004-06-18 at 13:00, William Lee Irwin III wrote: William Lee Irwin III writes: I'm getting a different story from every single person I talk to, so something resembling an authoritative answer would be very helpful. On Fri, Jun 18, 2004 at 01:55:34PM -0400, Michael Poole wrote:

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
Humberto Massa wrote: @ 18/06/2004 10:39 : wrote Dave Howe : At what point does the unpackager/installer become an interdependency? most installers come in three forms 1) a archive containing the product, and a uncompactor capable of extracting the files from the archive, and correctly

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
Joe Wreschnig wrote: There are four classes of firmware: 1. Firmware which no one has any permission to distribute. These have to go right away, or be relicensed. Thankfully, there are few of these, and the kernel team seems to be willing to help pursue the relicensing. 2. Firmware which

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread William Lee Irwin III
On Fri, 2004-06-18 at 13:00, William Lee Irwin III wrote: Now can I get more than 1 person to agree on this? The trouble is not what the conclusion is, but rather, that everyone has their own personal conclusion they communicate to me, and none of them resemble each other. On Fri, Jun 18, 2004

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
Michael Poole wrote: Brian Thomas Sniffen writes: [EMAIL PROTECTED] writes: It is not his interpretation of copyright law, but his interpretation of the license, that is incorrect. It's a unilateral license. It can't mean anything but what he intends it to mean. Reference, please? That is

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Joe Wreschnig
On Fri, 2004-06-18 at 15:02, William Lee Irwin III wrote: On Fri, 2004-06-18 at 13:00, William Lee Irwin III wrote: Now can I get more than 1 person to agree on this? The trouble is not what the conclusion is, but rather, that everyone has their own personal conclusion they communicate to

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Josh Triplett
William Lee Irwin III wrote: On Fri, 2004-06-18 at 13:00, William Lee Irwin III wrote: Now can I get more than 1 person to agree on this? The trouble is not what the conclusion is, but rather, that everyone has their own personal conclusion they communicate to me, and none of them resemble each

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Joe Wreschnig
On Fri, 2004-06-18 at 15:54, Joe Wreschnig wrote: Primarily GR 2004-003, which just got its first CFV. By which of course I meant GR 2004-004, which is only *about* GR 2004-003. -- Joe Wreschnig [EMAIL PROTECTED] signature.asc Description: This is a digitally signed message part

RE: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread David Schwartz
But wait; firmware is *not* linking with the kernel, as the icons are *not* linking with emacs. Or are they? What is linking? If you consider linking to give names fixups and resolving them, well, the char tg3_fw[] = ... is linked with the kernel all right. If you consider that a call (as

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Joe Wreschnig
On Wed, 2004-06-16 at 22:42, Michael Poole wrote: Joe Wreschnig writes: Step by step, tell me where you start to disagree: If I write a program that contains the entire ls source code as one large C string, and then prints it out, that is a derivative work of the ls source. I

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Frank Küster
Michael Poole [EMAIL PROTECTED] wrote: [firmware as mere aggregation] Kernel copyright holders think otherwise, as do many other people. [...] A little Google shows that Yggdrasil has made such an argument: http://lists.debian.org/debian-legal/2001/04/msg00130.html Unfortunately for Mr.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Andreas Barth
* Joe Wreschnig ([EMAIL PROTECTED]) [040616 22:25]: Kernel copyright holders think otherwise, as do many other people. There is a company that claims that itself is the copyright holder of some Unix sources, and that thinks that use of that concepts is a breach of copyright. Should we accept

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Brian Thomas Sniffen
Michael Poole [EMAIL PROTECTED] writes: A little Google shows that Yggdrasil has made such an argument: http://lists.debian.org/debian-legal/2001/04/msg00130.html Unfortunately for Mr. Richter, Linux does not seem to contain any copyright notices attributable to him or Yggdrasil before 2000.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Joe Wreschnig writes: I was using a minimal test case as an example here, but fine; consider a program that does many nontrivial things, one of which is printing such a string. For example it might print the source, count the number of times an identifier is used, count the number of lines,

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Frank Küster writes: Michael Poole [EMAIL PROTECTED] wrote: [firmware as mere aggregation] Kernel copyright holders think otherwise, as do many other people. [...] A little Google shows that Yggdrasil has made such an argument: http://lists.debian.org/debian-legal/2001/04/msg00130.html

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Brian Thomas Sniffen
Michael Poole [EMAIL PROTECTED] writes: I expect that if a contributor has an uncommon interpretation of the license requirements, he should check. I suspect that few people think a GPL'd installer of Microsoft Word would be compliant with the GPL. That's a reasonable analogy, right? A

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread mdpoole
Brian Thomas Sniffen [EMAIL PROTECTED] writes: Michael Poole [EMAIL PROTECTED] writes: I expect that if a contributor has an uncommon interpretation of the license requirements, he should check. I suspect that few people think a GPL'd installer of Microsoft Word would be compliant with the

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 16/06/2004 17:56 : wrote Andrew Suffield : On Wed, Jun 16, 2004 at 04:22:34PM -0300, Humberto Massa wrote: One can argue that the GPL linking clause (linking with this library a derivative work makes) There is no point discussing this issue with you until you comprehend the GPL. Go and

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Thiemo Seufer
Joe Wreschnig wrote: [snip] Could you please explain how exactly the derivation works in this case? And please bring forward some more convincing arguments than this is nonsense, this is obvious, or some broken analogy. Step by step, tell me where you start to disagree: If I write a

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 11:07 : wrote Thiemo Seufer : Raul Miller wrote: It's a compilation work. Fine. The copyright for the compilation lies by the one who did the compilation. This is Linus Torvalds, I guess. Thiemo not here in BR. Or at least not in the way you _seem_ to be implying. Let's

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Thiemo Seufer
Humberto Massa wrote: [snip] It's a compilation work. Fine. The copyright for the compilation lies by the one who did the compilation. This is Linus Torvalds, I guess. Thiemo not here in BR. Or at least not in the way you _seem_ to be implying. I referred only to the inclusion of

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 00:43 : wrote Raul Miller : However, this sentence makes clear that works based on the Program is meant to include both derivative works based on the Program and collective works based on the Program. On Wed, Jun 16, 2004 at 11:12:37PM -0400, Michael Poole wrote: In addition,

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 16/06/2004 20:48 : wrote Thiemo Seufer : Joe Wreschnig wrote: [snip] When you compile a kernel, the firmware is included in it. When you distribute that compiled binary, you're distributing a work derived from the kernel and the firmware. This is not a claim that the firmware is a derivative

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 12:26 : wrote Thiemo Seufer : Humberto Massa wrote: [snip] It's a compilation work. Fine. The copyright for the compilation lies by the one who did the compilation. This is Linus Torvalds, I guess. Thiemo not here in BR. Or at least not in the way you _seem_ to be implying. I

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Andrew Suffield
On Thu, Jun 17, 2004 at 10:44:37AM -0300, Humberto Massa wrote: @ 16/06/2004 17:56 : wrote Andrew Suffield : On Wed, Jun 16, 2004 at 04:22:34PM -0300, Humberto Massa wrote: One can argue that the GPL linking clause (linking with this library a derivative work makes) There is no

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Raul Miller
Raul Miller writes: The deception is calling it great lengths. When I said the GPL deals with collective works in just two paragraphs you focused on the one where they are mentioned by name and entirely ignored the other (because you don't like what it says?). You seem to be

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Jim Marhaus
Michael wrote: Several (a plurality, if not majority) of US federal court districts use the Abstraction, Filtration and Comparison test to determine whether one computer program infringes on another's copyright -- [snip] Traditionally people have erred on the side of caution in interpreting

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 14:12 : wrote Andrew Suffield : to use GPL), the very last paragraph of [1]: QUOTE This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Raul Miller
On Thu, Jun 17, 2004 at 12:24:29PM -0300, Humberto Massa wrote: No way. The clause #0 of the GPL is crystal clear: a work based on the Program means either the Program or any derivative work under copyright law DERIVATIVE. Under copyright law. _Not_ collective/compilation/anthology. False

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Raul Miller
False dichotomy. There's nothing preventing a collective work from being a derivative work. On Thu, Jun 17, 2004 at 03:24:23PM -0300, Humberto Massa wrote: No, Raul. The law. USC17, BR copyright law, and probably every copyright law following the Geneva convention *does* such a

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 01:06 : wrote Michael Poole : Raul Miller writes: The deception is calling it great lengths. When I said the GPL deals with collective works in just two paragraphs you focused on the one where they are mentioned by name and entirely ignored the other (because you don't like

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 15:14 : wrote Raul Miller : On Thu, Jun 17, 2004 at 12:24:29PM -0300, Humberto Massa wrote: No way. The clause #0 of the GPL is crystal clear: a work based on the Program means either the Program or any derivative work under copyright law DERIVATIVE. Under copyright law.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Humberto Massa
@ 17/06/2004 15:30 : wrote Raul Miller : False dichotomy. There's nothing preventing a collective work from being a derivative work. On Thu, Jun 17, 2004 at 03:24:23PM -0300, Humberto Massa wrote: No, Raul. The law. USC17, BR copyright law, and probably every copyright

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Matthew Wilcox
On Thu, Jun 17, 2004 at 06:03:16PM +, Jim Marhaus wrote: Traditionally people have erred on the side of caution in interpreting free licenses, following the wishes of the copyright holder and looking to the license's author for guidance. In this case the FSF indicates the binary firmware

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Raul Miller
On Thu, Jun 17, 2004 at 03:46:14PM -0300, Humberto Massa wrote: But there is. You see, in Law, when you enumerate things, you are separating things. (dichotomy = two separated in Greek) I'm writing in english, not greek. If you think there is some legally relevant document which means that a

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Raul Miller writes: On Thu, Jun 17, 2004 at 03:46:14PM -0300, Humberto Massa wrote: But there is. You see, in Law, when you enumerate things, you are separating things. (dichotomy = two separated in Greek) I'm writing in english, not greek. If you think there is some legally relevant

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Joe Wreschnig
On Thu, 2004-06-17 at 14:54, Matthew Wilcox wrote: On Thu, Jun 17, 2004 at 06:03:16PM +, Jim Marhaus wrote: Traditionally people have erred on the side of caution in interpreting free licenses, following the wishes of the copyright holder and looking to the license's author for

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Raul Miller
If you think there is some legally relevant document which means that a ... work of an earlier edition), please cite that specific document. On Thu, Jun 17, 2004 at 04:41:42PM -0400, Michael Poole wrote: http://digital-law-online.info/lpdi1.0/treatise6.html discusses the differences between

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Josh Triplett
Matthew Wilcox wrote: You speak as if this has no negative effects. In fact, it does. By removing, let's say, the tg3 driver, you make Debian unusable for a large percentage of users. Those users turn to other distributions who, Usefulness is not an excuse for distributing non-free sofware,

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Raul Miller writes: Ok, this is good -- I did not know that. However -- by this definition, the linux kernel is very definitely a derivative work, and the firmware is content which has been incorporated into the kernel. According to what you just cited, the concept of a collective work

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Raul Miller
On Thu, Jun 17, 2004 at 06:05:06PM -0400, Michael Poole wrote: The kernel (I assume as a whole) is a derivative work of what? Earlier versions of the kernel. -- Raul

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Francesco Poli
On Thu, 17 Jun 2004 09:37:09 -0400 [EMAIL PROTECTED] wrote: I suspect that few people think a GPL'd installer of Microsoft Word would be compliant with the GPL. That's a reasonable analogy, right? A hardcoded string, copied to some device which runs it, and maybe with some additional

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Humberto Massa
@ 16/06/2004 16:01 : wrote Andrew Suffield : A ''derivative work'' is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Joe Wreschnig
[Moving to -kernel and -legal instead of -kernel and -devel.] On Wed, 2004-06-16 at 12:56, Humberto Massa wrote: @ 16/06/2004 14:31 : wrote Joe Wreschnig : On Wed, 2004-06-16 at 09:41, Matthew Wilcox wrote: On Tue, Jun 15, 2004 at 09:01:52PM -0500, Joe Wreschnig wrote: At best

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Andrew Suffield
On Wed, Jun 16, 2004 at 04:22:34PM -0300, Humberto Massa wrote: One can argue that the GPL linking clause (linking with this library a derivative work makes) There is no point discussing this issue with you until you comprehend the GPL. Go and read it until you understand that there is no such

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread viro
On Wed, Jun 16, 2004 at 03:21:38PM -0500, Joe Wreschnig wrote: [firmware as mere aggregation] Kernel copyright holders think otherwise, as do many other people. Out of curiosity, could you please show an email from such copyright holder (with some references to the code in kernel contributed

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Humberto Massa writes: Brazilian copyright law distinguishes between derivative works, compilation works (in which the organization/selection/disposition of the contents *is* an intellectual creation on its own), and collective works (where you just select a load of works and bundle them

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Raul Miller
On Wed, Jun 16, 2004 at 06:00:43PM -0400, Michael Poole wrote: Temporarily setting aside the questions I raised elsewhere about whether any kernel copyright holder has legal standing to complain, I believe it goes back to the argument whether the mere aggregation clause applies. Here's the

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
[EMAIL PROTECTED] writes: On Wed, Jun 16, 2004 at 03:21:38PM -0500, Joe Wreschnig wrote: [firmware as mere aggregation] Kernel copyright holders think otherwise, as do many other people. Out of curiosity, could you please show an email from such copyright holder (with some references to

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Raul Miller writes: On Wed, Jun 16, 2004 at 06:00:43PM -0400, Michael Poole wrote: Temporarily setting aside the questions I raised elsewhere about whether any kernel copyright holder has legal standing to complain, I believe it goes back to the argument whether the mere aggregation clause

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Raul Miller
On Wed, Jun 16, 2004 at 06:34:30PM -0400, Michael Poole wrote: You think it is clear. I do not see why the Program (or a work based on it) cannot itself be a distribution medium for other useful works. How are going to use that firmware without the linux kernel? Because if you're using it

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Joe Wreschnig
On Wed, 2004-06-16 at 17:18, Michael Poole wrote: [EMAIL PROTECTED] writes: On Wed, Jun 16, 2004 at 03:21:38PM -0500, Joe Wreschnig wrote: [firmware as mere aggregation] Kernel copyright holders think otherwise, as do many other people. Out of curiosity, could you please show an

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Raul Miller writes: On Wed, Jun 16, 2004 at 06:34:30PM -0400, Michael Poole wrote: You think it is clear. I do not see why the Program (or a work based on it) cannot itself be a distribution medium for other useful works. How are going to use that firmware without the linux kernel?

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Raul Miller
On Wed, Jun 16, 2004 at 07:25:17PM -0400, Michael Poole wrote: How to use it without Linux? There is more than one operating system in the world. At least a few of them (including Linux) provide more than one way to load firmware to a device, although not all device drivers may support all

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Thiemo Seufer
Joe Wreschnig wrote: [snip] When you compile a kernel, the firmware is included in it. When you distribute that compiled binary, you're distributing a work derived from the kernel and the firmware. This is not a claim that the firmware is a derivative of the Linux kernel, or vice versa.

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Joe Wreschnig writes: On Wed, 2004-06-16 at 17:18, Michael Poole wrote: A little Google shows that Yggdrasil has made such an argument: http://lists.debian.org/debian-legal/2001/04/msg00130.html Unfortunately for Mr. Richter, Linux does not seem to contain any copyright notices

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