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

[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 seems
> like it.)  What's the basis for this claim?  (If you're not making it,
> anybody that does believe this is free to respond.)


It's based on Title 17 USC, Sec. 101, where "derivative work" is defined:

A âderivative workâ 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 other form in which a
work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other modifications
which, as a whole, represent an ORIGINAL WORK OF AUTHORSHIP, is a
âderivative workâ. (emphasis added)

-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@xxxxxxxxxxxxxxx
More majordomo info at  http://vger.kernel.org/majordomo-info.html
Please read the FAQ at  http://www.tux.org/lkml/