Message-Id: <200306250242.h5P2g3ef002657@eeyore.valparaiso.cl>
To: "David Schwartz" <davids@webmaster.com>
cc: vanstadentenbrink@ahcfaust.nl, linux-kernel@vger.kernel.org
Subject: Re: GPL violations by wireless manufacturers 
In-Reply-To: Message from "David Schwartz" <davids@webmaster.com> 
   of "Tue, 24 Jun 2003 11:18:15 MST." <MDEHLPKNGKAHNMBLJOLKGEGBDOAA.davids@webmaster.com> 
Date: Tue, 24 Jun 2003 22:42:03 -0400
From: Horst von Brand <vonbrand@inf.utfsm.cl>
Sender: linux-kernel-owner@vger.kernel.org
Content-Length: 1900
Lines: 41

"David Schwartz" <davids@webmaster.com> said:
> > In response to DS:
> 
> > > So is a Linux distribution "a whole which is a work based on the" Linux
> > > kernel? Would you argue that RedHat can't include proprietary
> > > software on
> > > the same CD as the Linux kernel? All the software on the CD,
> > > assuming it's
> > > Linux software, likewise extends the kernel through a
> > > well-defined boundary.
> 
> > No, definitely not. If that were the case, SuSE and Lindows etc. etc.
> > would not be able to distribute proprietary software together with
> > GPL'ed software. The GPL calls this 'mere aggregation':
> 
> > "In addition, mere aggregation of another work not based on the
> > Program with the Program (or with a work based on the Program) on a
> > volume of a storage or distribution medium does not bring the other
> > work under the scope of this License."

> 	But they're not just on the same CD. The additional work extends
> the Linux kernel and is useless without it (or without something that
> emulates it).

Just like Oracle, or Opera, or my sendmail binary, or a lot of other
stuff. That they would be useless without Linux doesn't make them GPL. The
GPL is quite clear; the head penguin also clarified that propietary modules
are OK.

Now can we please stop this? If there is something to discuss around this,
it is clearly _not_ kernel development.
-- 
Dr. Horst H. von Brand                   User #22616 counter.li.org
Departamento de Informatica                     Fono: +56 32 654431
Universidad Tecnica Federico Santa Maria              +56 32 654239
Casilla 110-V, Valparaiso, Chile                Fax:  +56 32 797513
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