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



@ 17/06/2004 11:07 : wrote Thiemo Seufer :

 Raul Miller wrote:
> It's a compilation work.


 Fine. The copyright for the compilation lies by the one who did the
 compilation. This is Linus Torvalds, I guess.

 Thiemo


not here in BR. Or at least not in the way you _seem_ to be implying.

Let's just substitute the word "compilation" by the word "anthology", to avoid the obvious computer-related term:

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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