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

From: Humberto Massa
Date: Mon Apr 11 2005 - 06:56:41 EST


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, for example, Mulcahy v. Cheetah Learning.


> Er, that's one way, but not *the* way. I could grant you
> permission to create derivatives of my work, but not to
> redistribute them. To stop you from distributing them, I'd argue
> that you had no right to distribute them--you *did* have the right
> to make it in the first place.


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 (copy, distribution of copies, making *and* distribution of derivative works).

HTH,
Massa


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