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

From: Raul Miller
Date: Fri Jun 18 2004 - 10:43:15 EST


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 derived works, the recipient has the
> right of making *some* derived works (respecting 2a and 2c) and to
> redistribute those derived works under the terms of the GPL itself.
> It seems not to permit anthology (collective) works, until you see
> the "mere aggregation" clause (section 2 third paragraph) /which/
> appears to cover anthology works.

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 portion of it, either verbatim or with modifications...>>

It's pretty clear that the linux kernel is not a mere aggregation of
works on some volume of storage.

--
Raul
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