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Re: How long is it acceptable to leave *undistributable* files in the kernel package?

[Humberto: Can you please fix your MUA so that it provides
In-Reply-To:, References:, and doesn't break threads?]

On Wed, 16 Jun 2004, Humberto Massa wrote:
> Firmware with _any_ distributable license + kernel (GPL) =
> distributable even if non-free.

This is not clear a priori.

> Firmware and Kernel are agregating only, not derived works. They
> don't link together; firmware is not a derived work of the kernel
> nor /vice-versa/.

The kernel+firmware work is a derived work of the kernel work and the
firmware work. I'll assume that you're not arguing that it's not. The
question is whether the GPL's exception for mere aggregates applies to
such a work.

Since that exception only seems to apply to "mere aggregation" on a
storage medium, it's quite likely that it doesn't apply at all.

In cases like these, unless you can provide clear and convincing
arguments that this is "mere aggregation" (which should go to -legal)
we should assume that the combined, derivative work cannot be
distributed unless both works can satisfy the DFSG.

Don Armstrong

 -- Maritza Campos http://www.crfh.net/d/20020601.html


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