Date: Fri, 8 Apr 2005 09:57:44 +0200
To: Henning Makholm <henning@makholm.net>
Cc: 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: <20050408075744.GF9057@pegasos>
Reply-To: debian-legal@lists.debian.org
References: <MDEHLPKNGKAHNMBLJOLKIEAEDAAB.davids@webmaster.com> <87zmw9dipp.fsf@kreon.lan.henning.makholm.net>
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In-Reply-To: <87zmw9dipp.fsf@kreon.lan.henning.makholm.net>
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From: Sven Luther <sven.luther@wanadoo.fr>
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On Fri, Apr 08, 2005 at 04:56:50AM +0100, Henning Makholm wrote:
> Scripsit "David Schwartz" <davids@webmaster.com>
> [quoting me]
> 
> >> No, it is completely wrong to say that the object file is merely an
> >> aggregation. The two components are being coupled much more tightly
> >> than in the situation that the GPL discribes as "mere aggregation".
> 
> >         Would you maintain this position even if the firmware is identical
> > across operating systems and the Linux driver is identical across different
> > firmware builds for different hardware implementations?
> 
> Yes I would. Linking forms a tighter coupling than just placing the
> two parts side by side on a filesystem designed for general storage of
> byte streams. There is more to say about the situation than the naked

So, why didn't you say it when i posted my analysis to debian-legal a month
ago and asked for comments ? 

> fact that that they are aggreated on the same medium; ergo the
> sutiation does not constitute *only* aggregation, and the "mere
> aggregation" language of the GPL does not apply.
> 
> In particular, the end of GPL #2 does not provide a blanket exception
> for all forms of aggregation; it specifically speaks about aggregation
> "on a volume of a storage or distribution medium".

Read my argumentation, comment on it, and be prepared to consider the same
copy of the firmware as a derived work if shipped on a prom on the device
itself.

Friendly,

Sven Luther

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