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

On Thu, Jun 17, 2004 at 01:57:05PM +0100, Oliver Elphick wrote:
> On Thu, 2004-06-17 at 13:31, Brian Thomas Sniffen wrote:
> > > Unfortunately for Mr. Richter, Linux does not seem to contain any
> > > copyright notices attributable to him or Yggdrasil before 2000.  As I
> > > cited elsewhere, this is at least FOUR YEARS after firmware was
> > > included in the kernel, so he cannot fairly claim infringement.  He
> > > should have known that binary firmware existed in the kernel before.
> > 
> > Nonsense.  He made his code available to others under the GPL.  Those
> > others (Linus Torvalds, Alan Cox, Red Hat, etc) made a work derived
> > from his work and that of others and distributed it.  They violated
> > the  license they had from him when they did so.
> Unless someone else put it into the kernel without asking him (was that
> the case?), he gave it to them under the GPL with a request to include
> it in the kernel as it then was.  That creates an implied permission to
> do so, since otherwise his request to have it put in the kernel would be
> nonsensical.

There is no such thing as "implied permission" in copyright. Anything
which is not expressly granted is forbidden. That's fundamental.

  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
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