Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1755716AbXFUCkW (ORCPT ); Wed, 20 Jun 2007 22:40:22 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1752018AbXFUCkK (ORCPT ); Wed, 20 Jun 2007 22:40:10 -0400 Received: from 24-75-174-210-st.chvlva.adelphia.net ([24.75.174.210]:35836 "EHLO sanosuke.troilus.org" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1751958AbXFUCkJ (ORCPT ); Wed, 20 Jun 2007 22:40:09 -0400 To: davids@webmaster.com Cc: Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3 References: From: Michael Poole Date: Wed, 20 Jun 2007 22:40:07 -0400 In-Reply-To: (David Schwartz's message of "Wed\, 20 Jun 2007 19\:08\:37 -0700") Message-ID: <87ejk6qbco.fsf@graviton.dyn.troilus.org> User-Agent: Gnus/5.11 (Gnus v5.11) Emacs/22.1.50 (gnu/linux) MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1494 Lines: 31 David Schwartz writes: >> However, compilations (even to the extent they are creative >> combinations) are not necessarily derivative works of their elements. >> For more details, see >> http://www.copyright.gov/circs/circ14.html#compilations > > Because compilation copyrights don't really affect the Tivo and GPLv2/GPLv3 > issue, I tend to ignore them when discussing that subject. If you think I'm > wrong and there is some relationship between them, please let me know. I > admit I may not have given that possibility enough thought. I believe compilation copyrights do bear on GPL-licensed software, by virtue of the GPL's sentence "[...] rather, the intent is to exercise the right to control the distribution of derivative _or collective_ works based on the Program." (emphasis added). There is a lot of grey and/or arguable area about what constitutes a GPL-encumbered collective work versus mere aggregation. Although I disagree, I understand and respect that some believe that the kernel plus a digital signature over it is "mere aggregation". I would like to focus the discussion on that question, though, rather than whether the GPL is worded to control the rights to compilations-in-general that include GPLed works. Michael Poole - 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/