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Re: gens License Check - Non-free

@ 18/06/2004 12:49 : wrote Raul Miller :

 On Fri, Jun 18, 2004 at 12:12:13PM -0300, Humberto Massa wrote:

> This is the problem: why is it not mere aggregation? where is the
> transformation??!!!!!!

 Why is this a problem?

 The GPL excercises the right to control the distribution of
 collective works based on GPLed code. It grants an exception, but
 that exception doesn't apply to the linux kernel.

*And* you forgot to put the context (nothing to to with the Linux kernel):

>Now let's say I start distributing WinFoo with wine.  This is a
>compilation derivative of his compilation.  It's clearly not mere
>aggregation, as the two pieces combine to produce a single work.
>If I publish an anthology of short stories, that's a compilation.
>If one of them is written to be a prequel or sequel to another,
>then it is a derived work of that other.  If they *all* have that
>relation to one another, I'm publishing what's probably a joint

If someone starts distributing WinFoo with Wine, this is not a derivative work of any part. It's a compilation/anthology work. Anthologies are not derivatives. Anthologies IRT licensing must respect the license of the parts when distributing, but their nature is to collect things, and merely aggregate them. The engineering to make things work is *not* in the anthology, but _in_ _the_ _parts_.


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