Re: How long is it acceptable to leave *undistributable* files in the kernel package?
@ 17/06/2004 15:14 : wrote Raul Miller :
On Thu, Jun 17, 2004 at 12:24:29PM -0300, Humberto Massa wrote:
No way. The clause #0 of the GPL is crystal clear: << a "work based on
the Program" means either the Program or any derivative work under
copyright law >> DERIVATIVE. Under copyright law.
_Not_ collective/compilation/anthology.
False dichotomy.
There's nothing preventing a collective work from being a
derivative work.
No, Raul. The law. USC17, BR copyright law, and probably every copyright
law following the Geneva convention *does* such a distinction. BR
copyright law specifically separates the rights of derivative works from
the rights of a collective (anthology) work. I have said it before, but
I will repeat:
The copyright for "the anthology" (the organization, selection and/or
disposition of contents) _of_ _the_ _pristine_ kernel tree belongs to
Linus Torvalds. The copyright for "the parts included in the anthology"
belongs _only_ _to_ _their_ _authors_ except in the cases where some
part is a derivative work of some other part.
This last case happens a lot, historically the first non-Linus patch is
a derived work on the Linus-only kernel, so you have:
linux_v0 (last LinuS-only kernel) == (C) Linus Torvalds
patch_0 (first non-Linus patch) == (C) Kernel Contributor #0 + Linus
Torvalds (it's a derivative work)
linux_v0p0 = linux_v0 + patch_0 [ IN THE LINUS FTP TREE ] ==>
THE ANTHOLOGY CALLED Linux Kernel == (C) Linus Torvalds
THE PARTS == some parts (C) Linus Torvalds
and other parts (C) Linus Torvalds + Kernel Contributor #0
now let's say this combined kernel accepts as-is a BSD LKM for ppp,
p.ex. *and* that it's licensed GPL-compatible 2-clause-BSD/MIT/X. say
Linus includes this in its kernel tree.
now we have:
linux_v0p0ppp == linux_v0 + patch_0 + ppp ===>
THE ANTHOLOGY CALLED Linux Kernel == (C) Linus Torvalds
THE PARTS == some parts (C) Linus Torvalds,
other parts (C) Regents of USC,
and other parts (C) Linus Torvalds + Kernel Contributor #0
complicating a litlle bit more: Kernel Contributors #1, #2, and #3 patch
respectively the kernel, patch_0, and ppp:
linux_v0p3ppp == linux_v0 + patch_0,1,2,3 + ppp ===>
THE ANTHOLOGY CALLED Linux Kernel == (C) Linus Torvalds
THE PARTS == some parts (C) Linus Torvalds [1],
other parts (C) Regents of USC [2],
other parts (C) Regents of USC + Kernel Contributor #3 [3],
other parts (C) Linus Torvalds + Kernel Contributor #2 +
Kernel Contributor #0 [4],
and other parts (C) Linus Torvalds + Kernel Contributor #1 [5]
[1] the untouched kernel parts
[2] the (untouched) ppp parts
[3] the patched by patch_3 ppp parts
[4] the patched by patch_0 and patch_2 kernel parts
[5] the patched by patch_1 kernel parts
Easy, huh? extrapolate for ten+ years of patching and aggregating and
you'll get where we are today.
--
br,M
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