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

Alexander Cherepanov writes:

> Look, it explicitly mentions "a work containing the Program". The
> language is probably not ideal but it's crystal clear that "work based
> on the Program" is intended to mean _any_ work containing some part of
> the original work, be it a derived work, a compilation, or just a
> non-creative transformation. Even "the Program" itself is included in
> the definition of a "work based on the Program".

Yes, and again, the GPL exempts "mere aggregation" -- whatever that
means.  Otherwise, a Debian CD image would violate the GPL because it
is a work containing the Program, and parts of it would be under
GPL-incompatible (but DFSG-free) licenses.

Some people disagree with Linus that inclusion as a binary blob is
mere aggregation.  However, five years passed between the first binary
blob that I know of and the first complaint that I know of (setting
aside the other issues with that complaint); that suggests that a fair
number of kernel developers agree with Linus or at least accept his
opinion on it.


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