Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.
David Schwartz wrote:
This would, of course, only make sense if you *had* to agree to the
license to *create* the derivative work. If you were able to create
the derivative work under first sale or fair use rights, then the
restrictions in the contract would not apply to you.
The only way to *create* a derivative work is with permission of the
copyright owner of the original work. Period. This permission can come
implicitly *if* you agree with licensing terms, but not under first sale
or fair use *limitations*. (First sale / fair use are statutory
limitations on copyrights, not rights).