Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S261252AbVDNByg (ORCPT ); Wed, 13 Apr 2005 21:54:36 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S261364AbVDNByg (ORCPT ); Wed, 13 Apr 2005 21:54:36 -0400 Received: from mail1.webmaster.com ([216.152.64.168]:24587 "EHLO mail1.webmaster.com") by vger.kernel.org with ESMTP id S261252AbVDNByd (ORCPT ); Wed, 13 Apr 2005 21:54:33 -0400 From: "David Schwartz" To: , Subject: RE: non-free firmware in kernel modules, aggregation and unclear copyright notice. Date: Wed, 13 Apr 2005 18:54:29 -0700 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" 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: <20050412173750.C24721@links.magenta.com> Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2527 X-Authenticated-Sender: joelkatz@webmaster.com X-Spam-Processed: mail1.webmaster.com, Wed, 13 Apr 2005 18:53:34 -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, Wed, 13 Apr 2005 18:53:37 -0700 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1488 Lines: 39 > On Tue, Apr 12, 2005 at 12:05:59PM -0700, David Schwartz wrote: > > Yes, the GPL can give you rights you wouldn't otherwise have. A > > EULA can take away rights you would otherwise have. > What compels you to agree with an EULA? If you do not agree with the EULA, you cannot and do not acquire lawful possession of the work. > > In the few court cases that have directly addresses shrink-wrap and > > click-wrap type agreements, I've seen them consistently upheld. However, > > this is not relevent to the GPL issue at all because the GPL > > can only give > > you rights you wouldn't otherwise have, it cannot take away any rights. > The GPL offers you certain rights if you agree to be bound by certain > conditions. Right, and normally the way you become bound by the GPL is if you do something that you could not acquire the right to do any other way. That's why GPL issues frequently hinge on whether you could not acquire the right any other way. Possible other ways include first sale and fair use. > You are not compelled to agree to those conditions, but those who do > not gain no rights from the GPL. Right, again, that's why it's important to look at whether they could have acquired the rights any other way. 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/