Message-Id: <200302122143.h1CLhApk010133@turing-police.cc.vt.edu>
To: David Schwartz <davids@webmaster.com>
Cc: Linux Kernel Mailing List <linux-kernel@vger.kernel.org>
Subject: Re: Monta Vista software license terms 
In-Reply-To: Your message of "Wed, 12 Feb 2003 13:30:21 PST."
             <20030212213022.AAA17490%shell.webmaster.com@whenever> 
From: Valdis.Kletnieks@vt.edu
References: <20030212213022.AAA17490%shell.webmaster.com@whenever>
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On Wed, 12 Feb 2003 13:30:21 PST, David Schwartz said:

> 	You already have the right to produce derivative works.

No. At least in the US, 17 USC 106 says producing a derivative right is reserved to the
copyright holder, except for the cases enumerated in 17 USC 107-121.

So if you're producing a derivative work without having gotten the rights
to do so, you're screwed in the legal sense.

Clause 2 of the GPL gives you the right to produce derivative works *IF*
you accept the conditions.  Having accepted that clause, you're bound by
it - that's what makes the GPL work.

Please enumerate what *OTHER* way you are getting the right to produce a
derivative work, rather than via the GPL clause 2.  (Note that this *could*
happen, if for instance code is dual-licensed and you are getting the right
via the other license).

>                                                               You already 
> have the right to distribute the original work. You already have the 
> right to distribute the modifications. Your recipient already has the 
> right to use and possess the original. There is no additional right 
> to the original work for this section to give you. The right it seeks 
> to give you is the simple sum of rights you already have.

Note again that two of these rights (distribute the original, distribute
the modifications) are *NOT* ones you inherently have - you are getting them
*WITH RESTRICTIONS* on what you can and can't do (see clause 2 again).

> 	"Distributing derived works" is not a specific right under any 
> copyright law I know of. It's the sum of other rights. You need some 

It's the sum of several rights, one of which is "creating a derived work".
If you can't legally create a derived work, you can't legally distribute same.
-- 
				Valdis Kletnieks
				Computer Systems Senior Engineer
				Virginia Tech


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