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

[Brian Thomas Sniffen <bts@alum.mit.edu>]

Humberto Massa <humberto.massa@almg.gov.br> writes:

> Repeating, trying to summarize: the current version of the Linux
> kernel is a derivative work of its earlier versions, and an anthology
> work of its separated autonomous parts. Those parts, in principle,
> would be each and every patch that entered the kernel and stayed there.

The GPL grants clear license to make and distribute several types of
derivative work.  It also grants clear license to make and distribute
mere aggregations.  It grants no other rights regarding incorporation
into collective works.

If the kernel+firmware bundle is a collective work and not a
derivative work of the cpu-running kernel, as you say, then there is
no license to distribute it.  It certainly isn't a *mere* aggregation:
there's significant engineering effort and creativity going in to
making that all work together.

-Brian

-- 
Brian Sniffen                                       bts@alum.mit.edu