Re: How long is it acceptable to leave *undistributable* files in the kernel package?
@ 18/06/2004 09:52 : wrote Raul Miller :
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.
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
In other words, it's still not a dichotomy. I was too hasty when I
wrote my message saying that it was.