Date: Thu, 14 Dec 2006 17:17:50 +0100
From: Adrian Bunk <bunk@stusta.de>
To: Linus Torvalds <torvalds@osdl.org>
Cc: Greg KH <gregkh@suse.de>, Jonathan Corbet <corbet@lwn.net>,
       Andrew Morton <akpm@osdl.org>, Martin Bligh <mbligh@mbligh.org>,
       "Michael K. Edwards" <medwards.linux@gmail.com>,
       linux-kernel@vger.kernel.org
Subject: Re: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]
Message-ID: <20061214161750.GB3388@stusta.de>
References: <20061214003246.GA12162@suse.de> <22299.1166057009@lwn.net> <20061214005532.GA12790@suse.de> <Pine.LNX.4.64.0612131954530.5718@woody.osdl.org>
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On Wed, Dec 13, 2006 at 08:15:59PM -0800, Linus Torvalds wrote:
>...
> The fact is, the reason I don't think we should force the issue is very 
> simple: copyright law is simply _better_off_ when you honor the admittedly 
> gray issue of "derived work". It's gray. It's not black-and-white. But 
> being gray is _good_. Putting artificial black-and-white technical 
> counter-measures is actually bad. It's bad when the RIAA does it, it's bad 
> when anybody else does it.
>...

One important question is:
Who gets in danger due to this grey area?

E.g. if I'd consider it important enough to stop Ubuntu from 
distributing kernels and binary-only modules, I wouldn't try the 
difficult task to take legal actions against a company located on the 
Isle of Man.

The trick is to let a lawyer send cease and desist letters to people 
distributing the infringing software for 1 Euro at Ebay.

The nice thing about cease and desist letters is that the one who 
accepts one has to pay the > 1000 Euro costs for the lawyer for this 
letter.

Another lucrative task for the lawer would be to send cease and desist 
letters to people running mirrors located in Germany distributing the 
infringing software.

> 		Linus

cu
Adrian

-- 

       "Is there not promise of rain?" Ling Tan asked suddenly out
        of the darkness. There had been need of rain for many days.
       "Only a promise," Lao Er said.
                                       Pearl S. Buck - Dragon Seed

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