From: "David Schwartz" <davids@webmaster.com>
To: "Linux-Kernel@Vger. Kernel. Org" <linux-kernel@vger.kernel.org>
Subject: RE: [future of drivers?] a proposal for binary drivers.
Date: Thu, 9 Mar 2006 14:04:11 -0800
Message-ID: <MDEHLPKNGKAHNMBLJOLKAEPBKJAB.davids@webmaster.com>
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> > > What is linux-specific in this context is that many people, like
> > > myself, who have contributed code to the kernel under the GPL *don't
> > > want* their code to be used in non-free software, period. Someone who
> > > wants to leverage my work needs to do it under the terms that I allow.
> > > That is the law. Whining is not going to change my mind.
> >
> >         I'm sorry, that's not the law. You can wish it was, but
> > it's not.
> >
> >         If the law allowed you to give your software away for
> > free and then put
> > restrictions on use, you could drop copies of a poem from an
> > airplane (or
> > put it up on a billboard) and then demand royalties from
> > everyone who read
> > it.

> We don't give away our software for free,

	Yes, you do. You can receive a copy of the Linux kernel without paying any
fee or agreeing to any license. You do in fact give away the software for
free.

> we give it away under the
> terms of the GPL,

	That is true. However, the GPL can only grant additional rights, it cannot
take any away.

> you must abide by the terms of the GPL to use it.

	No, that's not true. The law permits the normal expected use simply by
acquiring a copy of the work lawfully. Otherwise, you could buy a book and
then discover that you still had to pay a royalty to read it. Or you could
put a poem on a billboard and sue anyone who read it.

> that is the law, you can wish it wasn't but it is.

	You might try *reading* the law sometime.

	DS


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