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:

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

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

2005-04-14 Thread Marco Colombo
On Wed, 2005-04-13 at 21:47 +0200, Sven Luther wrote: > On Wed, Apr 13, 2005 at 04:53:56PM +0200, Marco Colombo wrote: > > > > This is different. They are not giving the source at all. The licence > > > > for those object files _has_ to be different. _They_ want it to be > > > > different. > > >

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

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

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 Marco Colombo
On Wed, 2005-04-13 at 21:47 +0200, Sven Luther wrote: On Wed, Apr 13, 2005 at 04:53:56PM +0200, Marco Colombo wrote: This is different. They are not giving the source at all. The licence for those object files _has_ to be different. _They_ want it to be different. Sure, but in

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.

2005-04-13 Thread Raul Miller
> > 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 pay for the software before you're allowed to see the

[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 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

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 >

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

2005-04-13 Thread Sven Luther
On Wed, Apr 13, 2005 at 04:53:56PM +0200, Marco Colombo wrote: > > > This is different. They are not giving the source at all. The licence > > > for those object files _has_ to be different. _They_ want it to be > > > different. > > > > Sure, but in this case, the binary firmware blob is also a

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

2005-04-13 Thread Marco Colombo
On Tue, 2005-04-12 at 20:45 +0200, Sven Luther wrote: > On Tue, Apr 12, 2005 at 06:14:17PM +0200, Marco Colombo wrote: > > No one will ever do that. If you are distributing the software I released > > under GPL, be sure I _will_ sue you if you break the licence. What do you > > want from me? A

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 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 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 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 Marco Colombo
On Tue, 2005-04-12 at 20:45 +0200, Sven Luther wrote: On Tue, Apr 12, 2005 at 06:14:17PM +0200, Marco Colombo wrote: No one will ever do that. If you are distributing the software I released under GPL, be sure I _will_ sue you if you break the licence. What do you want from me? A promise I

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

2005-04-13 Thread Sven Luther
On Wed, Apr 13, 2005 at 04:53:56PM +0200, Marco Colombo wrote: This is different. They are not giving the source at all. The licence for those object files _has_ to be different. _They_ want it to be different. Sure, but in this case, the binary firmware blob is also a binary without

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
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 pay for the software before you're allowed to see the EULA?

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 Zan Lynx
On Tue, 2005-04-12 at 20:45 +0200, Sven Luther wrote: [snip] > > A did put a GPL notice on it. He can't change his mind later. > Then he should give us the source. [snip] > The fact remains that those firmware blob have no licence, and thus defacto > fall under the GPL. > > > Moreover, the

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

2005-04-12 Thread Humberto Massa
David Schwartz wrote: >>David Schwartz wrote: >> >>> This would, of course, only make sense if you *had* to >>> agree to the license to *create* the derivative work. If >>> you were able to create the derivative work under first >>> sale or fair use rights, then the restrictions in the >>>

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

2005-04-12 Thread Sven Luther
On Tue, Apr 12, 2005 at 06:14:17PM +0200, Marco Colombo wrote: > No one will ever do that. If you are distributing the software I released > under GPL, be sure I _will_ sue you if you break the licence. What do you > want from me? A promise I won't sue you if you don't? That is implicit > in the

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

2005-04-12 Thread David Schwartz
> David Schwartz wrote: > > > This would, of course, only make sense if you *had* to agree to the > > license to *create* the derivative work. If you were able to create > > the derivative work under first sale or fair use rights, then the > > restrictions in the contract would not apply to

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

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

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, > >

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

2005-04-12 Thread Raul Miller
On Tue, Apr 12, 2005 at 12:05:59PM -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? > In the few court cases that have directly addresses

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 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.

2005-04-12 Thread David Schwartz
> 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,

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

2005-04-12 Thread Raul Miller
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 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

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

2005-04-12 Thread David Schwartz
> David Schwartz <[EMAIL PROTECTED]> 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

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

2005-04-12 Thread Marco Colombo
On Tue, 12 Apr 2005, Sven Luther wrote: On Tue, Apr 12, 2005 at 02:40:48AM +0200, Marco Colombo wrote: Which reminds me. The only reason why this thread belongs here, IMHO, it's because when it comes to GPL, it really doesn't matter what FSF's interpretation is, or anyone else's. The authors are

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

2005-04-12 Thread Humberto Massa
David Schwartz wrote: This would, of course, only make sense if you *had* to agree to the license to *create* the derivative work. If you were able to create the derivative work under first sale or fair use rights, then the restrictions in the contract would not apply to you. The only way to

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

2005-04-12 Thread Bodo Eggert <[EMAIL PROTECTED]>
David Schwartz <[EMAIL PROTECTED]> 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

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

2005-04-12 Thread Sven Luther
On Tue, Apr 12, 2005 at 02:40:48AM +0200, Marco Colombo wrote: > Which reminds me. The only reason why this thread belongs here, IMHO, > it's because when it comes to GPL, it really doesn't matter what > FSF's interpretation is, or anyone else's. The authors are choosing > GPL as a license, so

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

2005-04-12 Thread Sven Luther
On Tue, Apr 12, 2005 at 02:40:48AM +0200, Marco Colombo wrote: Which reminds me. The only reason why this thread belongs here, IMHO, it's because when it comes to GPL, it really doesn't matter what FSF's interpretation is, or anyone else's. The authors are choosing GPL as a license, so _thier_

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

2005-04-12 Thread Bodo Eggert [EMAIL PROTECTED]
David Schwartz [EMAIL PROTECTED] 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

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

2005-04-12 Thread Humberto Massa
David Schwartz wrote: This would, of course, only make sense if you *had* to agree to the license to *create* the derivative work. If you were able to create the derivative work under first sale or fair use rights, then the restrictions in the contract would not apply to you. The only way to

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

2005-04-12 Thread Marco Colombo
On Tue, 12 Apr 2005, Sven Luther wrote: On Tue, Apr 12, 2005 at 02:40:48AM +0200, Marco Colombo wrote: Which reminds me. The only reason why this thread belongs here, IMHO, it's because when it comes to GPL, it really doesn't matter what FSF's interpretation is, or anyone else's. The authors are

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

2005-04-12 Thread David Schwartz
David Schwartz [EMAIL PROTECTED] 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

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 Raul Miller
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 not

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

2005-04-12 Thread David Schwartz
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 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.

2005-04-12 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 Raul Miller
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? In the few court cases that have directly addresses

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 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 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
David Schwartz wrote: This would, of course, only make sense if you *had* to agree to the license to *create* the derivative work. If you were able to create the derivative work under first sale or fair use rights, then the restrictions in the contract would not apply to you. The

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

2005-04-12 Thread Sven Luther
On Tue, Apr 12, 2005 at 06:14:17PM +0200, Marco Colombo wrote: No one will ever do that. If you are distributing the software I released under GPL, be sure I _will_ sue you if you break the licence. What do you want from me? A promise I won't sue you if you don't? That is implicit in the

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

2005-04-12 Thread Humberto Massa
David Schwartz wrote: David Schwartz wrote: This would, of course, only make sense if you *had* to agree to the license to *create* the derivative work. If you were able to create the derivative work under first sale or fair use rights, then the restrictions in the contract would not apply

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

2005-04-12 Thread Zan Lynx
On Tue, 2005-04-12 at 20:45 +0200, Sven Luther wrote: [snip] A did put a GPL notice on it. He can't change his mind later. Then he should give us the source. [snip] The fact remains that those firmware blob have no licence, and thus defacto fall under the GPL. Moreover, the firmare in not

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.

2005-04-11 Thread Marco Colombo
On Mon, 11 Apr 2005, Sven Luther wrote: On Mon, Apr 11, 2005 at 10:54:50PM +0200, Marco Colombo wrote: In this case, A is clearly the author (onwer of rights) of the firmware. D is fine on respect of the other A's, since their source is actually (and clearly) there. It's the missing source case

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

2005-04-11 Thread Sven Luther
On Mon, Apr 11, 2005 at 10:54:50PM +0200, Marco Colombo wrote: > In this case, A is clearly the author (onwer of rights) of the firmware. > D is fine on respect of the other A's, since their source is actually > (and clearly) there. It's the missing source case we're considering > and the number

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

2005-04-11 Thread Marco Colombo
On Mon, 2005-04-11 at 18:25 +0200, Sven Luther wrote: > On Mon, Apr 11, 2005 at 06:12:22PM +0200, Marco Colombo wrote: [...] > > A - is the Author (or rights owner) of the software (GPL'ed); > > B - is an user, who got the a copy of the software from A; > > C - is another user, who got a copy

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

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 01:18:11PM -0700, 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

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

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

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

2005-04-11 Thread Sven Luther
On Mon, Apr 11, 2005 at 06:12:22PM +0200, Marco Colombo wrote: > [I'm not subscribed, so this in not a real reply - sorry if it breaks > threading somehow.] > > Sven Luther wrote: > > The ftp-master are the ones reviewing the licencing problems, and they > are the > > ones handling the

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

2005-04-11 Thread Marco Colombo
[I'm not subscribed, so this in not a real reply - sorry if it breaks threading somehow.] Sven Luther wrote: > The ftp-master are the ones reviewing the licencing problems, and they are the > ones handling the infrastructure, and putting their responsability on the > stake. If they feel that

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
Humberto Massa writes: > 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

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 >>

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
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 from this list: send the line "unsubscribe linux-kernel" in the

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 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
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
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 from this list: send the line unsubscribe linux-kernel in the

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 Michael Poole
Humberto Massa writes: 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*

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 Marco Colombo
[I'm not subscribed, so this in not a real reply - sorry if it breaks threading somehow.] Sven Luther wrote: The ftp-master are the ones reviewing the licencing problems, and they are the ones handling the infrastructure, and putting their responsability on the stake. If they feel that some

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

2005-04-11 Thread Sven Luther
On Mon, Apr 11, 2005 at 06:12:22PM +0200, Marco Colombo wrote: [I'm not subscribed, so this in not a real reply - sorry if it breaks threading somehow.] Sven Luther wrote: The ftp-master are the ones reviewing the licencing problems, and they are the ones handling the infrastructure,

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 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 Raul Miller
On Sun, Apr 10, 2005 at 01:18:11PM -0700, 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.

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 Marco Colombo
On Mon, 2005-04-11 at 18:25 +0200, Sven Luther wrote: On Mon, Apr 11, 2005 at 06:12:22PM +0200, Marco Colombo wrote: [...] A - is the Author (or rights owner) of the software (GPL'ed); B - is an user, who got the a copy of the software from A; C - is another user, who got a copy indirectly,

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

2005-04-11 Thread Sven Luther
On Mon, Apr 11, 2005 at 10:54:50PM +0200, Marco Colombo wrote: In this case, A is clearly the author (onwer of rights) of the firmware. D is fine on respect of the other A's, since their source is actually (and clearly) there. It's the missing source case we're considering and the number of

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 Marco Colombo
On Mon, 11 Apr 2005, Sven Luther wrote: On Mon, Apr 11, 2005 at 10:54:50PM +0200, Marco Colombo wrote: In this case, A is clearly the author (onwer of rights) of the firmware. D is fine on respect of the other A's, since their source is actually (and clearly) there. It's the missing source case

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

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

2005-04-10 Thread David Schwartz
> > The GPL applies to distributing a Linux binary I just made even > > though nobody ever chose to apply the GPL to the binary I just made > > only because the binary I just made is a derivative work of the > > Linux kernel, and the authors of that work chose to apply the GPL to > > it. > How

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