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Re: DRAFT for a GR proposal concerning the Sarge release

[I think I really should have sent this originally to -legal... feel
free to send it back over there if you think it's more

On Wed, 28 Apr 2004, Michael Banck wrote:
> I would not consider firmware a 'derivative work' of the kernel, as
> it is usually (correct me if I'm wrong) developed completely
> independent from the driver and only included in the source for
> convenience for the hardware vendor (i.e. saving a bit of money for
> the ROM and being more flexible).

The real question is: Is "kernel source tarball" (the final product) a
derivative work of "other kernel source" + "non-GPLed firmware" or a
mere aggregation of the two. If it is a derivative work, as I'm
inclined to believe since it forms a whole product and so many people
are complaining about removing that part, then the whole derivative
work must be capable of being distributed under the GPL.

There are only a few people really qualified to answer this question,
and one of them is Eben Moglen. If there's still some doubt, he might
be the person to ask... (or perhaps the licensing@gnu.org people,
which is probably one and the same.)[2]

Don Armstrong

1: Yes, I have cross posting apathy...
2: If you do ask, please, let me know what their understanding is
and|or Cc: to -legal if appropriate.
What I can't stand is the feeling that my brain is leaving me for 
someone more interesting.


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