Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Ken Arromdee
Hmmm. One can argue that the EXPORT_SYMBOL* are copyright grants, and as such can't be freely edited, just like the comments as /* this module (C) 1999 Fulana Perez */ that are in the code. Removing such comments *is* illegal, and editing EXPORTs can be, too... Wouldn't this, if

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Glenn Maynard
On Thu, Apr 14, 2005 at 10:56:02PM -0700, Michael K. Edwards wrote: On 4/14/05, Glenn Maynard [EMAIL PROTECTED] wrote: [snip] The FSF FAQ says that *all* software linking against GPL libraries must GPL-compatible[1]. [2] contradicts the above even more directly. Now, it's possible that

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Michael K. Edwards
On 4/13/05, Raul Miller [EMAIL PROTECTED] wrote: On Wed, Apr 13, 2005 at 11:26:47PM +0200, Francesco Poli wrote: US copyright italian author's right (diritto d'autore italiano) -- compilation work ---

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Humberto Massa
Glenn Maynard wrote: By your argumentation, it doesn't seem that this is a decision the author of the library (or kernel, or whatever) gets to make, but rather something which is inherent in what's been created; they can offer their own opinion on what constitutes an application's use of the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Raul Miller
The FSF FAQ says that *all* software linking against GPL libraries must GPL-compatible[1]. [2] contradicts the above even more directly. Interestingly enough, neither [1] nor [2] mention linking. Which makes sense since the conditions they describe hold both before and after linking. [1]

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Michael K. Edwards
On 4/15/05, Raul Miller [EMAIL PROTECTED] wrote: [snip response to someone else's unattributed comments] On Thu, Apr 14, 2005 at 10:56:02PM -0700, Michael K. Edwards wrote: I've engaged in an extended discussion with the person on the other end of [EMAIL PROTECTED], to whom Eben Moglen

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Sean Kellogg
On Wednesday 13 April 2005 10:13 pm, Raul Miller wrote: What compels you to agree with an EULA? On Wed, Apr 13, 2005 at 06:54:29PM -0700, David Schwartz wrote: If you do not agree with the EULA, you cannot and do not acquire lawful possession of the work. What about cases where you

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
David Schwartz wrote: Would you agree that compiling and linking a program that uses a library creates a derivative work of that library? No. Compiling and linking are mechanical, non-intellectually-novel acts. At most, you have a collective work where the real intellectually-novel work was to

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Raul Miller
What about cases where you pay for the software before you're allowed to see the EULA? On Wed, Apr 13, 2005 at 11:21:42PM -0700, Sean Kellogg wrote: It is enforcable and is called a rolling contract. Seminal case is ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Circut, 1996). That

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Måns Rullgård
Glenn Maynard [EMAIL PROTECTED] writes: If you make a kernel module that only uses something EXPORT_SYMBOL()'d from the kernel, you are NOT in principle writing a derivative work. If you use EXPORT_SYMBOL_GPL()'d symbols, then you are incurring in (b) above and your kernel module is most

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
Glenn Maynard wrote: On Thu, Apr 14, 2005 at 09:18:46AM -0300, Humberto Massa wrote: Then all the people who think that creating a binary kernel module requires creating a derivative work and hence can be restricted by the GPL are wrong. Take that argument up with them. I took. Google my

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
Måns Rullgård wrote: Glenn Maynard [EMAIL PROTECTED] writes: If you make a kernel module that only uses something EXPORT_SYMBOL()'d from the kernel, you are NOT in principle writing a derivative work. If you use EXPORT_SYMBOL_GPL()'d symbols, then you are incurring in (b) above and your kernel

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Måns Rullgård
Humberto Massa [EMAIL PROTECTED] writes: Måns Rullgård wrote: Glenn Maynard [EMAIL PROTECTED] writes: If you make a kernel module that only uses something EXPORT_SYMBOL()'d from the kernel, you are NOT in principle writing a derivative work. If you use EXPORT_SYMBOL_GPL()'d

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
Måns Rullgård wrote: It would be, if the license said it was. As it happens, the license makes no mention of this, but does give explicit permission to make any modifications desired. If EXPORT_XX are copyright notices, copyright *law* prohibit their modification. -- To UNSUBSCRIBE, email

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Måns Rullgård
Humberto Massa [EMAIL PROTECTED] writes: Måns Rullgård wrote: It would be, if the license said it was. As it happens, the license makes no mention of this, but does give explicit permission to make any modifications desired. If EXPORT_XX are copyright notices, But are they? copyright

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread David Schwartz
That is the point: the result is not a single work. It is a collection or compilation of works, just like an anthology. If there is any creativity involved, is in choosing and ordering the parts. The creation of works that can be linked together is not protected by copyright: the literary

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
David Schwartz wrote: That is the point: the result is not a single work. It is a collection or compilation of works, just like an anthology. If there is any creativity involved, is in choosing and ordering the parts. The creation of works that can be linked together is not protected by copyright:

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Raul Miller
That is the point: the result is not a single work. It is a collection or compilation of works, just like an anthology. If there is any creativity involved, is in choosing and ordering the parts. The creation of works that can be linked together is not protected by copyright: the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Glenn Maynard
On Thu, Apr 14, 2005 at 11:02:36AM -0300, Humberto Massa wrote: So am I (altough I *am* a para, after all). This does not preclude him from being right, does it? Nope, as I mentioned. You just seemed to put special weight on his opinion on the topic. Now, it's possible that they're wrong;

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Glenn Maynard
On Thu, Apr 14, 2005 at 11:47:52AM -0300, Humberto Massa wrote: If EXPORT_XX are copyright notices, copyright *law* prohibit their modification. Um, but they're *not* copyright notices, no more than this sentence is a copyright notice. You can't claim that a pizza is a copyright notice and

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Michael K. Edwards
On 4/14/05, Glenn Maynard [EMAIL PROTECTED] wrote: [snip] The FSF FAQ says that *all* software linking against GPL libraries must GPL-compatible[1]. [2] contradicts the above even more directly. Now, it's possible that they're wrong; there's the obvious theory, for example, that they've

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Sean Kellogg
On Tuesday 12 April 2005 10:46 pm, Raul Miller wrote: In essence, you're claiming that the difference between Davidson Associates v. Internet Gateway Inc (2004) and other cases such as Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) is that the presence of a

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Bodo Eggert
On Tue, 12 Apr 2005, David Schwartz wrote: The EULA is irrelevant in germany and in many parts of the USA. Really? I was under the impression EULA's were routinely upheld in the USA. If you have any references for that, I'd love to hear them.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Raul Miller
On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no exceptions. False. For example, you can indicate acceptance of the GPL by

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Richard B. Johnson
Not copied to the overloaded linux-kernel list On Wed, 13 Apr 2005, Raul Miller wrote: On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Sean Kellogg
On Wednesday 13 April 2005 06:55 am, Raul Miller wrote: On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no exceptions. False.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Pedro A.D.Rezende
Sean Kellogg wrote: On Wednesday 13 April 2005 06:55 am, Raul Miller wrote: On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Raul Miller
On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no exceptions. On Wednesday 13 April 2005 06:55 am, Raul Miller wrote:

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Francesco Poli
On Wed, 13 Apr 2005 01:53:43 -0400 Raul Miller wrote: The definitions overlap. [...] But collective works that have their own copyright are derivative works, and derivative works that have more than one original work are collective works. Thanks for the clarification. In its light, I'm

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Sean Kellogg
On Wednesday 13 April 2005 03:09 pm, Raul Miller wrote: On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no exceptions.

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread David Schwartz
Would you agree that compiling and linking a program that uses a library creates a derivative work of that library? No. Compiling and linking are mechanical, non-intellectually-novel acts. At most, you have a collective work where the real intellectually-novel work was to select what

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread David Schwartz
On Tue, Apr 12, 2005 at 12:05:59PM -0700, David Schwartz wrote: Yes, the GPL can give you rights you wouldn't otherwise have. A EULA can take away rights you would otherwise have. What compels you to agree with an EULA? If you do not agree with the EULA, you cannot and do not

[Long OT] Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Kyle Moffett
This thread should probably get moved off-list soon, it's like beating the dead horse long after its flesh has decayed and its bones disintegrated to dust. On Apr 13, 2005, at 21:54, David Schwartz wrote: On Tue, Apr 12, 2005 at 12:05:59PM -0700, David Schwartz wrote: Yes, the GPL can give you

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Raul Miller
On Wed, Apr 13, 2005 at 11:26:47PM +0200, Francesco Poli wrote: US copyright italian author's right (diritto d'autore italiano) -- compilation work --- collective work (opera collettiva) derivative work

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Raul Miller
[2] I don't think you can construe this paraphrase of the GPL authors claims as meaning that a person using that grant is free to ignore the conditions imposed by the GPL. On Wed, Apr 13, 2005 at 03:49:44PM -0700, Sean Kellogg wrote: Not quite sure what you mean hear... but I do know that

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Humberto Massa
Francesco Poli wrote: On Mon, 11 Apr 2005 01:47:19 +0100 Henning Makholm wrote: (I wonder what happens in jurisdications whose copyright law is not phrased in terms of derived - or that have several native words which are given different explicit meaning by the local law but would all need

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Humberto Massa
David Schwartz wrote: David Schwartz [EMAIL PROTECTED] wrote: If you buy a W*nd*ws install CD, you can create a derived work, e.g. an image of your installation, under the fair use rights (IANAL). Can you distribute that image freely? I would say that if not for the EULA, you could transfer

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Bodo Eggert
On Tue, 12 Apr 2005, David Schwartz wrote: If you buy a W*nd*ws install CD, you can create a derived work, e.g. an image of your installation, under the fair use rights (IANAL). Can you distribute that image freely? I would say that if not for the EULA, you could transfer

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
On Tue, Apr 12, 2005 at 09:44:29AM -0700, David Schwartz wrote: I would say that if not for the EULA, you could transfer ownership of the image to someone else. And if you legally acquired two copies of Windows, you could install both of them and transfer them. Otherwise, you could

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
On Tue, Apr 12, 2005 at 12:01:15PM -0700, David Schwartz wrote: Would you agree that compiling and linking a program that uses a library creates a derivative work of that library? No, I would not. Creating a derivative work requires creativity, and a linker is not creative. The

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
The EULA is irrelevant in germany and in many parts of the USA. Really? I was under the impression EULA's were routinely upheld in the USA. If you have any references for that, I'd love to hear them. http://www.freibrunlaw.com/articles/articl22.htm This wasn't a copyright

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Francesco Poli
On Mon, 11 Apr 2005 22:43:20 -0400 Raul Miller wrote: [...] On Tue, Apr 12, 2005 at 12:21:40AM +0200, Francesco Poli wrote: [...] In Italian author's right law (legge sul diritto d'autore), there is no use of or definition for the term derivative work, AFAICS. The law speaks about

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Dave Hornford
Francesco Poli wrote: I think it is: Italy *is* a member of the Berne Convention and consequently cannot have an author's right law that differs too much from other ones in the Berne Convention area (AFAIK)... Italy signed Berne in 1887, and became a party to Berne 1971 in 1979. I would expect

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
On Tue, Apr 12, 2005 at 03:45:43PM -0700, David Schwartz wrote: This wasn't a copyright case. The court only refused to uphold the agreement because there was no oppurtunity to review the agreement before purchase. So it certainly wouldn't apply to a click-through type agreement.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
On Wed, Apr 13, 2005 at 01:57:29AM +0200, Francesco Poli wrote: The law talks about collective works and derivative works, and to a casual reader it appears as though collective works are in some way different from derivative works. Why? Are collective works and derivative works the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Michael Poole
David Schwartz writes: On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: Well that's the problem. While copyright law does permit you to restrict the right to create derivative works, it doesn't permit you to restrict the distribution of lawfully created derivative works

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Adrian Bunk wrote: Even RedHat with a stronger financial background than Debian considered the MP3 patents being serious enough to remove MP3 support. Actually, they did it to spite the patent holders. []s Massa -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Giuseppe Bilotta wrote: On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: Every book in my book shelf is software? If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
David Schwartz wrote: On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: The way you stop someone from distributing part of your work is by arguing that the work they are distributing is a derivative work of your work and they had no right to *make* it in the first place. See,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Henning Makholm wrote: As far as I can see you are assuming that it is either a derived work or mere aggregation, and cannot be both or neither. You then That is because copyright law classifies them this way. try to argue that because it is not a derived work, it must me a mere aggregation. I

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Anthony DeRobertis
Glenn Maynard wrote: I've heard the claim, several times, that that creating a derivative work requires creative input, that linking stuff together with ld is completely uncreative, therefore no derivative work is created. (I'm not sure if you're making (here or elsewhere) that claim, but it

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Michael Poole wrote: Copyright law only _explicitly_ grants a monopoly on preparation of derivative works. However, it is trivial, and overwhelmingly common, for a copyright owner to grant a license to create a derivative work that is conditional on how the licensee agrees to distribute (or not

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Michael Poole
David Schwartz writes: Copyright law only _explicitly_ grants a monopoly on preparation of derivative works. However, it is trivial, and overwhelmingly common, for a copyright owner to grant a license to create a derivative work that is conditional on how the licensee agrees to distribute (or

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread David Schwartz
You could do that be means of a contract, but I don't think you could it do by means of a copyright license. The problem is that there is no right to control the distribution of derivative works for you to withhold from me. Wrong, sorry. Copyright is a *monopoly* on some activities

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Mon, Apr 11, 2005 at 12:31:53PM -0700, David Schwartz wrote: Perhaps you could cite the law that restricts to the copyright holder the right to restrict the distribution of derivative works. I can cite the laws that restrict all those other things and clearly *don't* mention

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Sun, Apr 10, 2005 at 11:24:10AM +0200, Giuseppe Bilotta wrote: AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't hardware either. This point is a controversial point. Different people make different claims.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Francesco Poli
On Mon, 11 Apr 2005 01:47:19 +0100 Henning Makholm wrote: (I wonder what happens in jurisdications whose copyright law is not phrased in terms of derived - or that have several native words which are given different explicit meaning by the local law but would all need to be represented as a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Mon, 11 Apr 2005 01:47:19 +0100 Henning Makholm wrote: (I wonder what happens in jurisdications whose copyright law is not phrased in terms of derived - or that have several native words which are given different explicit meaning by the local law but would all need to be represented as

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Giuseppe Bilotta
On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: Every book in my book shelf is software? If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't hardware either. -- Giuseppe

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: The way you stop someone from distributing part of your work is by arguing that the work they are distributing is a derivative work of your work and they had no right to *make* it in the first place. See, for

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Henning Makholm
Scripsit Humberto Massa [EMAIL PROTECTED] Henning Makholm wrote: Yes I would. Linking forms a tighter coupling than just placing the two parts side by side on a filesystem designed for general storage of byte streams. There is more to say about the situation than the naked fact that that

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Henning Makholm
Scripsit David Schwartz [EMAIL PROTECTED] However, then you cannot legally copy it at all, because it contains part of the original author's copyrighted work and therefore can only legally be copied with the permission of the author. The way you stop someone from distributing part of

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Henning Makholm
Scripsit Sven Luther [EMAIL PROTECTED] On Fri, Apr 08, 2005 at 04:56:50AM +0100, Henning Makholm wrote: Yes I would. Linking forms a tighter coupling than just placing the two parts side by side on a filesystem designed for general storage of byte streams. There is more to say about the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Henning Makholm
Scripsit Sven Luther [EMAIL PROTECTED] On Fri, Apr 08, 2005 at 03:10:43AM +0100, Henning Makholm wrote: Scripsit Humberto Massa [EMAIL PROTECTED] After a *lot* of discussion, it was deliberated on d-l that this is not that tricky at all, and that the mere aggregation clause applies to the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Glenn Maynard
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: Well that's the problem. While copyright law does permit you to restrict the right to create derivative works, it doesn't permit you to restrict the distribution of lawfully created derivative works to licensees of the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Sean Kellogg
On Sunday 10 April 2005 01:18 pm, David Schwartz wrote: You could do that be means of a contract, but I don't think you could it do by means of a copyright license. The problem is that there is no right to control the distribution of derivative works for you to withhold from me. and

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: Well that's the problem. While copyright law does permit you to restrict the right to create derivative works, it doesn't permit you to restrict the distribution of lawfully created derivative works to licensees of the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Henning Makholm
Scripsit David Schwartz [EMAIL PROTECTED] I think the derivative work angle is a red herring. I do not think that either of the two parts that are being linked together (i.e. the driver and the firmware) are derivates of the other. The relevant point is that distribution of the linked

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 08:31:22PM -0400, Raul Miller wrote: On Fri, Apr 08, 2005 at 07:34:00PM +0200, Adrian Bunk wrote: If Debian was at least consistent. Why has Debian a much more liberal interpretation of MP3 patent issues than RedHat? It's impossible to treat patents

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Raul Miller
It's impossible to treat patents consistently. On Sat, Apr 09, 2005 at 04:38:15PM +0200, Adrian Bunk wrote: Even RedHat with a stronger financial background than Debian considered the MP3 patents being serious enough to remove MP3 support. It's silly to treat financial risk as being a one

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Glenn Maynard
(Henning Makholm, I assume; I seem to be missing the actual message and David's mailer forgot to put a quote header on the original reply): I think the derivative work angle is a red herring. I do not think that either of the two parts that are being linked together (i.e. the driver and

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 09:06:58PM -0600, Eric W. Biederman wrote: Sven Luther [EMAIL PROTECTED] writes: It sounds like you are now looking at the question of are the huge string of hex characters the preferred form for making modifications to firmware. Personally I would be surprised

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : You are mixing apples and oranges. The fact that the GFDL sucks has nothing to do with the firmware issue. With the current situation of firmwares in the kernel, it is illegal to redistribute binary images of the kernel. Full

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 11:55:44PM -0400, Raul Miller wrote: Also, mere aggregation is a term from the GPL. You can read what it says there yourself. But basically it's there so that people make a distinction between the program itself and other stuff that isn't the program. On

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 09:03:01AM -0400, Richard B. Johnson wrote: On Thu, 7 Apr 2005, Humberto Massa wrote: David Schmitt wrote: On Thursday 07 April 2005 09:25, Jes Sorensen wrote: [snip] I got it from Alteon under a written agreement stating I could distribute the image under the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 09:15:07AM -0300, Humberto Massa wrote: This is where you are wrong IMMHO. All that is needed for you to distribute the hexdump blob under the GPL is a declaration from the copyright holder saying this, to me, is the preferred form for modification of the firmware and

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 03:10:43AM +0100, Henning Makholm wrote: Scripsit Humberto Massa [EMAIL PROTECTED] After a *lot* of discussion, it was deliberated on d-l that this is not that tricky at all, and that the mere aggregation clause applies to the combination, for various reasons,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Tue, Apr 05, 2005 at 12:50:14PM -0600, Chris Friesen wrote: Josselin Mouette wrote: The fact is also that mixing them with a GPLed software gives an result you can't redistribute - although it seems many people disagree with that assertion now. This is only true if the result is

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Jörn Engel
On Fri, 8 April 2005 09:22:00 +0200, Josselin Mouette wrote: Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : As a contrast, read the discussion between Christoph and Arjan in a part of this thread how to move firmware out of kernel drivers without problems for the users.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Adrian Bunk wrote: Debian doesn't seem to care much about the possible legal problems of patents. The possible legal problem of software patents is, up to the present time, AFAICT, not producing effects yet in Europe, and is a non-problem in jurisdictions like mine (down here neither

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Raul Miller
On Fri, Apr 08, 2005 at 09:41:35AM +0200, Sven Luther wrote: BTW, have any of you read the analysis i made, where i claim, rooted in the GPL FAQ and with examples, why i believe that the firmware can be considerated a non derivative of the linux kernel. I hadn't. I did just now. Here's my

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Sven Luther wrote: On Thu, Apr 07, 2005 at 09:15:07AM -0300, Humberto Massa wrote: This is where you are wrong IMMHO. All that is needed for you to distribute the hexdump blob under the GPL is a declaration from the copyright holder saying this, to me, is the preferred form for modification of

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Ralph Corderoy wrote: Hi, Hi. Humberto Massa wrote: First, there is *NOT* any requirement in the GPL at all that requires making compilers available. Otherwise it would not be possible, for instance, have a Visual Basic GPL'd application. And yes, it is possible. From section 3 of the GNU GPL,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 08:54:40AM +0200, Sven Luther wrote: On Fri, Apr 08, 2005 at 02:31:36AM +0200, Adrian Bunk wrote: On Thu, Apr 07, 2005 at 11:05:05PM +0200, Sven Luther wrote: On Thu, Apr 07, 2005 at 10:56:47PM +0200, Adrian Bunk wrote: ... If your statement was true that Debian

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le vendredi 08 avril 2005 19:34 +0200, Adrian Bunk a crit : When there are several possible interpretations, you have to pick up the more conservative one, as it's not up to us to make the interpretation, but to a court. If Debian was at least consistent. Why has Debian a much more

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 09:22:00AM +0200, Josselin Mouette wrote: Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : You are mixing apples and oranges. The fact that the GFDL sucks has nothing to do with the firmware issue. With the current situation of firmwares in the kernel,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 07:42:51PM +0200, Josselin Mouette wrote: Le vendredi 08 avril 2005 à 19:34 +0200, Adrian Bunk a écrit : When there are several possible interpretations, you have to pick up the more conservative one, as it's not up to us to make the interpretation, but to a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le vendredi 08 avril 2005 20:01 +0200, Adrian Bunk a crit : Because we already know that patents on MP3 decoders are not enforceable. Furthermore, the holders of these patents have repeatedly How do you know the patents aren't enforceable? Because decoding a MP3 is a trivial operation.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Rich Walker
Adrian Bunk [EMAIL PROTECTED] writes: On Fri, Apr 08, 2005 at 07:42:51PM +0200, Josselin Mouette wrote: Le vendredi 08 avril 2005 à 19:34 +0200, Adrian Bunk a écrit : GFDL documentation will still be available in the non-free archive. Assuming you have an online connection and a friend told

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Francesco Poli
On Fri, 08 Apr 2005 09:44:59 -0300 Humberto Massa wrote: Sven Luther wrote: patents are problematic, and upto recently there where no software patents in europe, so i don't really care. I am not sure about the AFAIK software patents are still not effective in Europe (as in you

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Glenn Maynard
On Fri, Apr 08, 2005 at 08:31:22PM -0400, Raul Miller wrote: The U.S. patent office, at least, has granted patents on natural laws, on stuff that's already patented, on stuff with clear prior art, on trivial math operations and so on. Patents are being granted so quickly there's no way of

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Jes Sorensen
Matthew == Matthew Wilcox [EMAIL PROTECTED] writes: Matthew On Mon, Apr 04, 2005 at 10:51:30AM -0700, Greg KH wrote: Then let's see some acts. We (lkml) are not the ones with the percieved problem, or the ones discussing it. Matthew Actually, there are some legitimate problems with some of

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread David Schwartz
Well whoever wrote that seems to have taken the stand that the openfirmware package was were the firmware came from. The person obviously made a lot of statements without bothering checking out the real source. Well it didn't come from there, I got it from Alteon under a written agreement

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread David Schmitt
On Thursday 07 April 2005 09:25, Jes Sorensen wrote: [snip] I got it from Alteon under a written agreement stating I could distribute the image under the GPL. Since the firmware is simply data to Linux, hence keeping it under the GPL should be just fine. Then I would like to exercise my right

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Olivier Galibert
On Thu, Apr 07, 2005 at 10:17:15AM +0200, Xavier Bestel wrote: Le jeudi 07 avril 2005 à 10:04 +0200, David Schmitt a écrit : Then I would like to exercise my right under the GPL to aquire the source code for the firmware (and the required compilers, starting with genfw.c which is

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Xavier Bestel
Le jeudi 07 avril 2005 10:32 +0200, Olivier Galibert a crit : On Thu, Apr 07, 2005 at 10:17:15AM +0200, Xavier Bestel wrote: Le jeudi 07 avril 2005 10:04 +0200, David Schmitt a crit : Then I would like to exercise my right under the GPL to aquire the source code for the firmware

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Jeff Garzik
Eric W. Biederman wrote: Arjan van de Ven [EMAIL PROTECTED] writes: On Tue, 2005-04-05 at 11:11 +0200, Christoph Hellwig wrote: On Tue, Apr 05, 2005 at 09:49:25AM +0100, Ian Campbell wrote: I don't think you did get a rejection, a few people said that _they_ weren't going to do it, but if you

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Christoph Hellwig
On Thu, Apr 07, 2005 at 05:34:56AM -0400, Jeff Garzik wrote: For tg3 a transition period shouldn't be needed as firmware loading is only needed on old/buggy hardware which is not the common case. Or to support advanced features which can be disabled. TSO firmware is commonly used these days.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Humberto Massa
David Schwartz wrote: Well whoever wrote that seems to have taken the stand that the openfirmware package was were the firmware came from. The person obviously made a lot of statements without bothering checking out the real source. Well it didn't come from there, I got it from Alteon under a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Humberto Massa
David Schmitt wrote: On Thursday 07 April 2005 09:25, Jes Sorensen wrote: [snip] I got it from Alteon under a written agreement stating I could distribute the image under the GPL. Since the firmware is simply data to Linux, hence keeping it under the GPL should be just fine. Then I would

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