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

@ 18/06/2004 09:52 : wrote Raul Miller :

On Thu, Jun 17, 2004 at 04:41:42PM -0400, Michael Poole wrote:
This is not the way the law works.  The presumption is not "this work
is a derivative work because Raul Miller claims it is."  Humberto has
cited reasons why the kernel tarball (or binary images) should be
considered a compilation rather than a derivative work.  You have only
claimed that they should be a derivative work, without referring to a

I just took a closer look at your cites


the digital-law-online page says: "There is necessarily some overlapping
between the two".  You quoted this yourself.

The copyright.gov page doesn't really say anything that would make me
think differently.

In other words, it's still not a dichotomy.  I was too hasty when I
wrote my message saying that it was.

The overlappíng resides in that more often than not, you have to put "glue code" to make an anthology. A preface explaining why you tought that those were the “Best Short Stories of 2001”; an introduction to each story citing facts about the author; and so on. If you take a good look at the example of "primary linux patches" I sent you, you can consider the part of the kernel that Linus has exclusive rights and the anthology as a single part. That's the overlapping.


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