Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S262478AbVDLQsY (ORCPT ); Tue, 12 Apr 2005 12:48:24 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S262472AbVDLQrR (ORCPT ); Tue, 12 Apr 2005 12:47:17 -0400 Received: from mail1.webmaster.com ([216.152.64.168]:64523 "EHLO mail1.webmaster.com") by vger.kernel.org with ESMTP id S262494AbVDLQoe (ORCPT ); Tue, 12 Apr 2005 12:44:34 -0400 From: "David Schwartz" To: <7eggert@gmx.de>, , Subject: RE: non-free firmware in kernel modules, aggregation and unclear copyright notice. Date: Tue, 12 Apr 2005 09:44:29 -0700 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" 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: Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2527 X-Authenticated-Sender: joelkatz@webmaster.com X-Spam-Processed: mail1.webmaster.com, Tue, 12 Apr 2005 09:43:35 -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, Tue, 12 Apr 2005 09:43:38 -0700 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1506 Lines: 37 > David Schwartz wrote: > > >>Copyright law only _explicitly_ grants a monopoly on preparation of > >>derivative works. However, it is trivial, and overwhelmingly common, > >>for a copyright owner to grant a license to create a derivative work > >>that is conditional on how the licensee agrees to distribute (or not > >>distribute) the derivative work. > > This would, of course, only make sense if you *had* to agree to > > the license > > to *create* the derivative work. If you were able to create the > > derivative > > work under first sale or fair use rights, then the restrictions in the > > contract would not apply to you. > If you buy a W*nd*ws install CD, you can create a derived work, > e.g. an image > of your installation, under the fair use rights (IANAL). Can you > distribute > that image freely? I would say that if not for the EULA, you could transfer ownership of the image to someone else. And if you legally acquired two copies of Windows, you could install both of them and transfer them. Otherwise, you could not sell a machine with the Windows OS installed unless you were a Microsoft OEM. Does Microsoft take the position that if you want to sell your PC, you must wipe the OS? Not that I know of. 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/