Message-ID: <425A655D.1010201@almg.gov.br>
Date: Mon, 11 Apr 2005 08:54:05 -0300
From: Humberto Massa <humberto.massa@almg.gov.br>
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To: debian-legal@lists.debian.org, linux-kernel@vger.kernel.org
Subject: Re: non-free firmware in kernel modules, aggregation and unclear
 	copyright notice.
References: <Tx9naC.A.vTD.H5YWCB@murphy>
In-Reply-To: <Tx9naC.A.vTD.H5YWCB@murphy>
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David Schwartz wrote:

> > On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote:
>
>
> >> The way you stop someone from distributing part of your work is
> >> by arguing that the work they are distributing is a derivative
> >> work of your work and they had no right to *make* it in the first
> >>  place. See, for example, Mulcahy v. Cheetah Learning.
>
>
> > Er, that's one way, but not *the* way.  I could grant you
> > permission to create derivatives of my work, but not to
> > redistribute them.  To stop you from distributing them, I'd argue
> > that you had no right to distribute them--you *did* have the right
> > to make it in the first place.
>
>
>  You could do that be means of a contract, but I don't think you could
>  it do by means of a copyright license. The problem is that there is
>  no right to control the distribution of derivative works for you to
>  withhold from me.
Wrong, sorry. Copyright is a *monopoly* on some activities (copy, 
distribution of copies, making *and* distribution of derivative works).

HTH,
Massa


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