Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S262274AbTINBYD (ORCPT ); Sat, 13 Sep 2003 21:24:03 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262275AbTINBYD (ORCPT ); Sat, 13 Sep 2003 21:24:03 -0400 Received: from sccrmhc13.comcast.net ([204.127.202.64]:49630 "EHLO sccrmhc13.comcast.net") by vger.kernel.org with ESMTP id S262274AbTINBYB (ORCPT ); Sat, 13 Sep 2003 21:24:01 -0400 Date: Sat, 13 Sep 2003 21:16:14 -0400 To: David Schwartz Cc: Alan Cox , Pascal Schmidt , Andre Hedrick , Linux Kernel Mailing List Subject: Re: People, not GPL [was: Re: Driver Model] Message-ID: <20030914011614.GA20119@pimlott.net> Mail-Followup-To: David Schwartz , Alan Cox , Pascal Schmidt , Andre Hedrick , Linux Kernel Mailing List References: <1063490941.9402.14.camel@dhcp23.swansea.linux.org.uk> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline In-Reply-To: User-Agent: Mutt/1.3.28i From: Andrew Pimlott Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1185 Lines: 27 On Sat, Sep 13, 2003 at 03:30:35PM -0700, David Schwartz wrote: > If the work would not have been restricted without it and is restricted > with it and you can't remove it, it's an additional restriction. If not, > what would an additional restriction be? You can remove it. But if you remove for with the obvious purpose of abetting the distribution of non-GPL derived work, don't be surprised to get smacked by courts who don't care for your technical sophistry. > > Its merely showing the intent of the author. > > The intent of the author has no bearing on whether or not a work is > derived. I've noticed it's become common to say this, but (NAL) I doubt it's true. I would expect a court to respect the author's intent within some narrow range that would otherwise be ambiguous. Intent and community standards play a large role in law. If enough people wear a path across private property, it can become an easement. Andrew - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/