Now stop being rational and using logic, this is all a touchy-feely issue.
First thing is IANAL comes to the surface, and few can say they have a
lawyer and less a team of lawyers. If you have proof, and filed your
copyright with LOC goto court. Stop pissing around and making noise.
There are those who can do it.
The rest say they can.
The latter is a BOHA, and the former is serious.
Cheers,
Andre Hedrick
LAD Storage Consulting Group
On Tue, 24 Jun 2003, Horst von Brand wrote:
> "David Schwartz" <davids@webmaster.com> said:
> > > In response to DS:
> >
> > > > So is a Linux distribution "a whole which is a work based on the" Linux
> > > > kernel? Would you argue that RedHat can't include proprietary
> > > > software on
> > > > the same CD as the Linux kernel? All the software on the CD,
> > > > assuming it's
> > > > Linux software, likewise extends the kernel through a
> > > > well-defined boundary.
> >
> > > No, definitely not. If that were the case, SuSE and Lindows etc. etc.
> > > would not be able to distribute proprietary software together with
> > > GPL'ed software. The GPL calls this 'mere aggregation':
> >
> > > "In addition, mere aggregation of another work not based on the
> > > Program with the Program (or with a work based on the Program) on a
> > > volume of a storage or distribution medium does not bring the other
> > > work under the scope of this License."
>
> > But they're not just on the same CD. The additional work extends
> > the Linux kernel and is useless without it (or without something that
> > emulates it).
>
> Just like Oracle, or Opera, or my sendmail binary, or a lot of other
> stuff. That they would be useless without Linux doesn't make them GPL. The
> GPL is quite clear; the head penguin also clarified that propietary modules
> are OK.
>
> Now can we please stop this? If there is something to discuss around this,
> it is clearly _not_ kernel development.
> --
> Dr. Horst H. von Brand User #22616 counter.li.org
> Departamento de Informatica Fono: +56 32 654431
> Universidad Tecnica Federico Santa Maria +56 32 654239
> Casilla 110-V, Valparaiso, Chile Fax: +56 32 797513
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