Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S262583AbVDGURR (ORCPT ); Thu, 7 Apr 2005 16:17:17 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262586AbVDGURR (ORCPT ); Thu, 7 Apr 2005 16:17:17 -0400 Received: from zxa8020.lanisdn-gte.net ([206.46.31.146]:5075 "EHLO links.magenta.com") by vger.kernel.org with ESMTP id S262583AbVDGURN (ORCPT ); Thu, 7 Apr 2005 16:17:13 -0400 Date: Thu, 7 Apr 2005 16:16:58 -0400 From: Raul Miller To: linux-kernel@vger.kernel.org, debian-legal@lists.debian.org, linux-acenic@sunsite.dk Subject: Re: non-free firmware in kernel modules, aggregation and unclear copyright notice. Message-ID: <20050407161658.S32136@links.magenta.com> References: Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline User-Agent: Mutt/1.2.5.1i In-Reply-To: ; from davids@webmaster.com on Thu, Apr 07, 2005 at 01:26:17AM -0700 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1854 Lines: 39 On Thu, Apr 07, 2005 at 01:26:17AM -0700, David Schwartz wrote: > If you believe the linker "merely aggregates" the object code for the > driver with the data for the firmware, I can't see how you can argue > that any linking is anything but mere aggregation. In neither case can > you separate the linked work into the two separate works and in both > cases the linker provides one work direct access to the other. You can indeed separate the firmware and the kernel into two separate works. That's what people have been proposing as the solution to this problem. Also, "mere aggregation" is a term from the GPL. You can read what it says there yourself. But basically it's there so that people make a distinction between the program itself and other stuff that isn't the program. Without that mere aggregation clause, people might be claiming that text on a disk has to be GPLed because of emacs, or that postscript files have to be GPLed because of ghostscript, or more generally that arbitrary object FOO has to be GPLed because of gpled program BAR. Put another way, what the linker does or doesn't do isn't really the issue. People like to think that the linker is somehow special for copyright, but it's not. Either the stuff being linked is protected by copyright even when it's not linked or it's not protected by copyright after it is linked. If the license says something about linking then that matters, but only for cases where the code was protected by copyright even before it was linked. And then linking only matters in the specific way that that license says it matters. -- Raul - 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/