GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
Hello all, Let's paste dissension lie in the paste, i promise to be reasonable in any further dealying with the people on this list, and apologize for the rudeness i may have shown in the past, be it justified or not. I am in the process of writing a new firmware flasher for the pegasos powerpc

Re: GPLed firmware flasher ...

2005-03-11 Thread Marco d'Itri
[EMAIL PROTECTED] wrote: My understanding of this is that neither the firmware constitute a derived work from the flasher, nor the flasher constitute a derived work of the firmware. The fact that they are individually packaged in the same elf binary does not constitute a linking act, nor a

Re: GPLed firmware flasher ...

2005-03-11 Thread Marco d'Itri
[EMAIL PROTECTED] wrote: To the user, this doesn't appear as two separate works. He/she/it will So what? This still does not make them derived. see one program with pre-loaded data. If you are using already existing, copyrighted data (the firmware), this means you are building your work on top

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Michael Below wrote: Sven Luther [EMAIL PROTECTED] writes: My understanding of this is that neither the firmware constitute a derived work from the flasher, nor the flasher constitute a derived work of the firmware. The fact that they are individually packaged in the same elf

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 12:28:32PM +0100, Michael Below wrote: Sven Luther [EMAIL PROTECTED] writes: My understanding of this is that neither the firmware constitute a derived work from the flasher, nor the flasher constitute a derived work of the firmware. The fact that they are

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 09:24:29AM -0300, Humberto Massa wrote: Despite the letter of the GPL and its post-amble, linking, generally construed as stitching together (normally executable) object (as opposed to source) files and resolving fixups so the result is an executable file does NOT

Re: GPLed firmware flasher ...

2005-03-11 Thread Jeremy Hankins
Marco d'Itri [EMAIL PROTECTED] writes: [EMAIL PROTECTED] wrote: My understanding of this is that neither the firmware constitute a derived work from the flasher, nor the flasher constitute a derived work of the firmware. The fact that they are individually packaged in the same elf binary does

Re: GPLed firmware flasher ...

2005-03-11 Thread Michael Below
Humberto Massa [EMAIL PROTECTED] writes: Despite the letter of the GPL and its post-amble, linking, generally construed as stitching together (normally executable) object (as opposed to source) files and resolving fixups so the result is an executable file does NOT make a derivative work.

Re: GPLed firmware flasher ...

2005-03-11 Thread Michael Below
Sven Luther [EMAIL PROTECTED] writes: Well, no, the at arm length is about executable code, since you recognize it is data, the whole thing is moot and it is not a derived work. I think this is too quick. See the first sentence of the GPL, it doesn't apply to programs only: This License

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Sven Luther wrote: On Fri, Mar 11, 2005 at 09:24:29AM -0300, Humberto Massa wrote: Despite the letter of the GPL and its post-amble, linking, generally construed as stitching together (normally executable) object (as opposed to source) files and resolving fixups so the result is an executable

Re: GPLed firmware flasher ...

2005-03-11 Thread Michael Poole
Michael Below writes: Humberto Massa [EMAIL PROTECTED] writes: Despite the letter of the GPL and its post-amble, linking, generally construed as stitching together (normally executable) object (as opposed to source) files and resolving fixups so the result is an executable file does

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Michael Below wrote: Hm. So the LGPL is completely useless in practice? Don't tell RMS, but in my analysis I believe it's safe to link a non-derivative work with a GPL'd library. Especially if you are dynamic-linking. But even otherwise. The problem is that only after Abstraction, Filtration

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 04:03:36PM +0100, Michael Below wrote: Do you believe then also believe that a linux kernel with embedded initrd in a .initrd section of the elf kernel file constitute a derived work of said kernel ? Don't understand... I'm not a developer, just a Debian user,

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 08:00:59AM -0500, Jeremy Hankins wrote: Marco d'Itri [EMAIL PROTECTED] writes: [EMAIL PROTECTED] wrote: My understanding of this is that neither the firmware constitute a derived work from the flasher, nor the flasher constitute a derived work of the firmware. The

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 12:05:58PM -0300, Humberto Massa wrote: The combined work is also distributable in the non-free section of our archive. I'm sure you mean it, but to clarify: IIF the flash is distributable. Yep, obviously, Friendly, Sven Luther -- To UNSUBSCRIBE, email to [EMAIL

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 03:32:12PM +0100, Michael Below wrote: Humberto Massa [EMAIL PROTECTED] writes: Despite the letter of the GPL and its post-amble, linking, generally construed as stitching together (normally executable) object (as opposed to source) files and resolving fixups so

Re: GPLed firmware flasher ...

2005-03-11 Thread Michael Below
Sven Luther [EMAIL PROTECTED] writes: I think you are right, we are talking about a collective work. But I still believe that the GPL demands the distribution of the flash image under GPL terms, when both image and flasher are distributed together. Nope, since it clearly exludes it in the

Re: GPLed firmware flasher ...

2005-03-11 Thread Marco d'Itri
[EMAIL PROTECTED] wrote: It is not necessarily so clear. The FSF argues that a program's use of an API, at least when there is only one implementation, makes it a derived work of the program that implements the API. This is broadly No, the FSF position is more complex than this, and is

Re: GPLed firmware flasher ...

2005-03-11 Thread Michael Poole
Marco d'Itri writes: [EMAIL PROTECTED] wrote: It is not necessarily so clear. The FSF argues that a program's use of an API, at least when there is only one implementation, makes it a derived work of the program that implements the API. This is broadly No, the FSF position is more

Re: GPLed firmware flasher ...

2005-03-11 Thread Marco d'Itri
[EMAIL PROTECTED] wrote: It is not necessarily so clear. The FSF argues that a program's use of an API, at least when there is only one implementation, makes it a derived work of the program that implements the API. This is broadly No, the FSF position is more complex than this, and is

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Michael Poole wrote: Which FAQ question besides this one (with anchor #IfLibraryIsGPL) deals with programs that use a GPLed library? If a library is released under the GPL (not the LGPL), does that mean that any program which uses it has to be under the GPL? Yes, because the program as it is

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 07:05:35PM +0100, Michael Below wrote: A teacher of mine used to repeat that sentence all the time: as a lawyer, always choose the most secure way. So that's what I would advise you, even if I'm not yet a lawyer. Notice that the more secure way is total immobilism, so

Re: GPLed firmware flasher ...

2005-03-11 Thread Sven Luther
On Fri, Mar 11, 2005 at 04:19:00PM -0300, Humberto Massa wrote: If you consider that the first one is correct (*), then the LGPL is just a marketing ploy. :-) If you consider the second one as being the correct, then the flash-flasher program is banned unless you clarify in flasher's license