I don't know which legal system you're baing the above on (USA?), but
from my understanding of UK law (CDPA 1988, as ammended), it's different.
The acts of redistributing a work [ 16 (1)(b) ], or adapting a work
(i.e. derived work) [ 16 (1)(e)] are reserved, and as such lacking
some form of licence would constitute infringement.
So given the above, your argument would seem to fail wrt UK law.
Given that there are UK based authors for parts of the kernel, it would
seem that they would have a basis in law to sue for infringement.
Mind having the funds to pursue court action is another thing entirely.
DF
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@vger.kernel.org
More majordomo info at http://vger.kernel.org/majordomo-info.html
Please read the FAQ at http://www.tux.org/lkml/