Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S264815AbUFPVW7 (ORCPT ); Wed, 16 Jun 2004 17:22:59 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S266299AbUFPVW7 (ORCPT ); Wed, 16 Jun 2004 17:22:59 -0400 Received: from mail1.webmaster.com ([216.152.64.168]:19720 "EHLO mail1.webmaster.com") by vger.kernel.org with ESMTP id S264815AbUFPVW4 (ORCPT ); Wed, 16 Jun 2004 17:22:56 -0400 From: "David Schwartz" To: Cc: Subject: RE: more files with licenses that aren't GPL-compatible Date: Wed, 16 Jun 2004 14:21:56 -0700 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0) In-Reply-To: <5b18a542040616133415bf54d1@mail.gmail.com> X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2120 Importance: Normal X-Authenticated-Sender: joelkatz@webmaster.com X-Spam-Processed: mail1.webmaster.com, Wed, 16 Jun 2004 13:59:43 -0700 (not processed: message from trusted or authenticated source) X-MDRemoteIP: 206.171.168.138 X-Return-Path: davids@webmaster.com X-MDaemon-Deliver-To: linux-kernel@vger.kernel.org Reply-To: davids@webmaster.com X-MDAV-Processed: mail1.webmaster.com, Wed, 16 Jun 2004 13:59:46 -0700 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 2228 Lines: 52 > On Tue, 15 Jun 2004 21:11:00 -0700, David Schwartz > wrote: > > They can't grant that permission. Every single person > > who had contributed > > to the Linux kernel would have to agree. The GPL prohibits including > > software that isn't itself GPL'd from being combined with GPL'd > > software. > > The issue is not permission to distribute this driver, the issue is > > permission to distribute the *kernel*. The kernel's license prohibits > > distrubiting it in combination with works that have licenses more > > restrictive than the GPL. > > That better be bogus, or else vendors are going to be very upset that > they can't ship the kernel with, say, trademarked images. For example, > Mozilla's trademark on their artwork is fairly restrictive, or the > Mandrake Firewall product (if that's even still around - I don't keep > up). I can't speak to the trademark issue. I don't know enough about how the GPL deals with possible trademark issues. I believe you could not embed trademarked images into the kernel and distribute the result either. However, this is a pure copyright issue. You cannot combine GPL'd code with code that has a more restrictive license and distribute the resulting binaries. Read GPL section 2b: 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet *all* of these conditions: ... b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. How can you cause the Linux kernel combined with this firmware to be licensed under the terms of the GPL? (And, by the way, I think this prohibits trademark as well, which is very interesting.) DS - 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/