Date: Fri, 18 Jun 2004 11:35:43 -0400
From: Raul Miller <moth@debian.org>
To: debian-legal@lists.debian.org, debian-kernel@lists.debian.org,
       debian-devel@lists.debian.org, linux-kernel@vger.kernel.org
Subject: Re: How long is it acceptable to leave *undistributable* files in the kernel package?
Message-ID: <20040618113543.B1892@links.magenta.com>
References: <o0_liB.A.TFG.4fu0AB@murphy> <40D2F463.6090104@almg.gov.br>
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In-Reply-To: <40D2F463.6090104@almg.gov.br>; from humberto.massa@almg.gov.br on Fri, Jun 18, 2004 at 10:55:47AM -0300
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On Fri, Jun 18, 2004 at 10:55:47AM -0300, Humberto Massa wrote:
> What rights do the GPL'd software recipient have? The GPL grants
> some rights not granted by copyrights law. I made an extensive
> document and posted it to d-l, but no-one seemed to listen or to
> understand. All ok. IRT making derived works, the recipient has the
> right of making *some* derived works (respecting 2a and 2c) and to
> redistribute those derived works under the terms of the GPL itself.
> It seems not to permit anthology (collective) works, until you see
> the "mere aggregation" clause (section 2 third paragraph) /which/
> appears to cover anthology works.

That clause only deals with some anthology works, not all.  It's an
exception to <<a "work based on the Program" means either the Program or
any derivative work under copyright law: that is to say, a work containing
the Program or a portion of it, either verbatim or with modifications...>>

It's pretty clear that the linux kernel is not a mere aggregation of
works on some volume of storage.

-- 
Raul
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