Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Marco Colombo
case. A is one or two well identified subjects. And A wrote it is GPL'ed. Whether you agree or not, that's the licence A chose. A placed the copyright notice. This is where i would need legal counsel, as to whether this means C or someone else may stop you from distributing unless you provide

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
David Schwartz [EMAIL PROTECTED] 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

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Humberto Massa
David Schwartz wrote: David Schwartz [EMAIL PROTECTED] wrote: 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

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
On Tue, Apr 12, 2005 at 09:44:29AM -0700, David Schwartz wrote: 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

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
On Tue, 12 Apr 2005, David Schwartz wrote: 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

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Bodo Eggert
On Tue, 12 Apr 2005, David Schwartz wrote: The EULA is irrelevant in germany and in many parts of the USA. Really? I was under the impression EULA's were routinely upheld in the USA. If you have any references for that, I'd love to hear them.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
On Tue, Apr 12, 2005 at 12:01:15PM -0700, David Schwartz wrote: Would you agree that compiling and linking a program that uses a library creates a derivative work of that library? No, I would not. Creating a derivative work requires creativity, and a linker is not creative. The

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
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? In the few court cases that have directly addresses

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
On Tue, Apr 12, 2005 at 09:44:29AM -0700, David Schwartz wrote: 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

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
The EULA is irrelevant in germany and in many parts of the USA. Really? I was under the impression EULA's were routinely upheld in the USA. If you have any references for that, I'd love to hear them. http://www.freibrunlaw.com/articles/articl22.htm This wasn't a copyright

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Bodo Eggert
On Tue, 12 Apr 2005, David Schwartz wrote: 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

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread David Schwartz
David Schwartz wrote: 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. The

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Sven Luther
, as is the rest of the driver code. This is fine with me. It is the existance of legal threats versus debian I don't agree upon. Notice that debian can't afford to be sued even if they are right, so ... Yes, but it does not apply to our case here. There's no all other copyright holders

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Humberto Massa
was to select what goes into the collective. Wouldn't you agree that this is the normal form of use of a library? And doesn't first sale give you the right to normal use of a work you have legally acquired? Yes. And yes, if you buy a copy of the library, yes (but notice: not if you downloaded it for free

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Zan Lynx
On Tue, 2005-04-12 at 20:45 +0200, Sven Luther wrote: [snip] A did put a GPL notice on it. He can't change his mind later. Then he should give us the source. [snip] The fact remains that those firmware blob have no licence, and thus defacto fall under the GPL. Moreover, the firmare

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Raul Miller
On Tue, Apr 12, 2005 at 03:45:43PM -0700, David Schwartz wrote: This wasn't a copyright case. The court only refused to uphold the agreement because there was no oppurtunity to review the agreement before purchase. So it certainly wouldn't apply to a click-through type agreement.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Marco Colombo
involved. We're talking about the firmware case. A is one or two well identified subjects. And A wrote it is GPL'ed. Whether you agree or not, that's the licence A chose. A placed the copyright notice. The licence is a matter between A and D. A may sue D and D may (less likely) sue A, if condit

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Sven Luther
On Mon, Apr 11, 2005 at 10:54:50PM +0200, Marco Colombo wrote: > In this case, A is clearly the author (onwer of rights) of the firmware. > D is fine on respect of the other A's, since their source is actually > (and clearly) there. It's the missing source case we're considering > and the number

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Marco Colombo
between D and C. There's no way C can enforce anything on D (well, not on GPL basis). > Notice also the fact that there are so many contributors to the linux kernel > in effect means that there is nobody with the full rights as A, but only a > multitude of people in the D case. In this case,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Sun, Apr 10, 2005 at 11:24:10AM +0200, Giuseppe Bilotta wrote: > AFAIK software only refers to programs, not to arbitrary sequences of > bytes. An MP3 file isn't "software". Although it surely isn't hardware > either. This point is a controversial point. Different people make different

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Mon, Apr 11, 2005 at 12:31:53PM -0700, David Schwartz wrote: > Perhaps you could cite the law that restricts to the copyright > holder the right to restrict the distribution of derivative works. I can > cite the laws that restrict all those other things and clearly *don't* > mention

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: > You could do that be means of a contract, but I don't think you > could it do by means of a copyright license. The problem is that there > is no right to control the distribution of derivative works for you > to withhold from

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Michael Poole
David Schwartz writes: >>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

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread David Schwartz
> > You could do that be means of a contract, but I don't think you could > > it do by means of a copyright license. The problem is that there is > > no right to control the distribution of derivative works for you to > > withhold from me. > Wrong, sorry. Copyright is a *monopoly* on some

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Sven Luther
to distribute the software under the GPL to C. Now, D is only allowed to do this distribution if he also distribute the source code of it, which he can't do for the firmware. Notice also the fact that there are so many contributors to the linux kernel in effect means that there is nobody with the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Marco Colombo
[I'm not subscribed, so this in not a real reply - sorry if it breaks threading somehow.] Sven Luther wrote: > The ftp-master are the ones reviewing the licencing problems, and they are the > ones handling the infrastructure, and putting their responsability on the > stake. If they feel that

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Michael Poole 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

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Michael Poole
Humberto Massa writes: > David Schwartz wrote: > >> > On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: >> >> >> >> The way you stop someone from distributing part of your work is >> >> by arguing that the work they are distributing is a derivative >> >> work of your work and they

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
David Schwartz wrote: > On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: >> The way you stop someone from distributing part of your work is >> by arguing that the work they are distributing is a derivative >> work of your work and they had no right to *make* it in the first >>

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Giuseppe Bilotta wrote: On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: Every book in my book shelf is software? If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't "software". Although it surely isn't

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Adrian Bunk wrote: Even RedHat with a stronger financial background than Debian considered the MP3 patents being serious enough to remove MP3 support. Actually, they did it to spite the patent holders. []s Massa - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Anthony DeRobertis
Glenn Maynard wrote: I've heard the claim, several times, that that creating a derivative work requires creative input, that linking stuff together with "ld" is completely uncreative, therefore no derivative work is created. (I'm not sure if you're making (here or elsewhere) that claim, but it

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Anthony DeRobertis
Glenn Maynard wrote: I've heard the claim, several times, that that creating a derivative work requires creative input, that linking stuff together with ld is completely uncreative, therefore no derivative work is created. (I'm not sure if you're making (here or elsewhere) that claim, but it

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
David Schwartz wrote: On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: The way you stop someone from distributing part of your work is by arguing that the work they are distributing is a derivative work of your work and they had no right to *make* it in the first place. See,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Adrian Bunk wrote: Even RedHat with a stronger financial background than Debian considered the MP3 patents being serious enough to remove MP3 support. Actually, they did it to spite the patent holders. []s Massa - To unsubscribe from this list: send the line unsubscribe linux-kernel in the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Giuseppe Bilotta wrote: On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: Every book in my book shelf is software? If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Michael Poole
Humberto Massa writes: David Schwartz wrote: On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: The way you stop someone from distributing part of your work is by arguing that the work they are distributing is a derivative work of your work and they had no right to *make*

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Michael Poole 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

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Marco Colombo
[I'm not subscribed, so this in not a real reply - sorry if it breaks threading somehow.] Sven Luther wrote: The ftp-master are the ones reviewing the licencing problems, and they are the ones handling the infrastructure, and putting their responsability on the stake. If they feel that some

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Sven Luther
, but on redistribution, and the act of D distributing the copy to C is covered by it. In a sense A allows D to distribute the software under the GPL to C. Now, D is only allowed to do this distribution if he also distribute the source code of it, which he can't do for the firmware. Notice also the fact

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread David Schwartz
You could do that be means of a contract, but I don't think you could it do by means of a copyright license. The problem is that there is no right to control the distribution of derivative works for you to withhold from me. Wrong, sorry. Copyright is a *monopoly* on some activities

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Michael Poole
David Schwartz writes: 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

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: You could do that be means of a contract, but I don't think you could it do by means of a copyright license. The problem is that there is no right to control the distribution of derivative works for you to withhold from me.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Mon, Apr 11, 2005 at 12:31:53PM -0700, David Schwartz wrote: Perhaps you could cite the law that restricts to the copyright holder the right to restrict the distribution of derivative works. I can cite the laws that restrict all those other things and clearly *don't* mention

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Marco Colombo
from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. ... The wording is clear, the license is between A and C. There's no license between D and C. There's no way C can enforce anything on D (well, not on GPL basis). Notice also the fact

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Sven Luther
On Mon, Apr 11, 2005 at 10:54:50PM +0200, Marco Colombo wrote: In this case, A is clearly the author (onwer of rights) of the firmware. D is fine on respect of the other A's, since their source is actually (and clearly) there. It's the missing source case we're considering and the number of

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Raul Miller
On Sun, Apr 10, 2005 at 11:24:10AM +0200, Giuseppe Bilotta wrote: AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't hardware either. This point is a controversial point. Different people make different claims.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Marco Colombo
the firmware case. A is one or two well identified subjects. And A wrote it is GPL'ed. Whether you agree or not, that's the licence A chose. A placed the copyright notice. The licence is a matter between A and D. A may sue D and D may (less likely) sue A, if conditions are not met. I'm not sure at all

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
> On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: > > Well that's the problem. While copyright law does permit > > you to restrict > > the right to create derivative works, it doesn't permit you to > > restrict the > > distribution of lawfully created derivative works to

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
> > The GPL applies to distributing a Linux binary I just made even > > though nobody ever chose to apply the GPL to the binary I just made > > only because the binary I just made is a derivative work of the > > Linux kernel, and the authors of that work chose to apply the GPL to > > it. > How

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Glenn Maynard
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: > Well that's the problem. While copyright law does permit you to restrict > the right to create derivative works, it doesn't permit you to restrict the > distribution of lawfully created derivative works to licensees of the >

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Henning Makholm
Scripsit "David Schwartz" <[EMAIL PROTECTED]> >> However, then you cannot legally copy it at all, because it contains >> part of the original author's copyrighted work and therefore can only >> legally be copied with the permission of the author. > The way you stop someone from

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
> On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: > > The way you stop someone from distributing part of your > > work is by arguing > > that the work they are distributing is a derivative work of > > your work and > > they had no right to *make* it in the first place. See,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Giuseppe Bilotta
On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: >> Every book in my book shelf is software? > > If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't "software". Although it surely isn't hardware either. --

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Giuseppe Bilotta
On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: Every book in my book shelf is software? If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't hardware either. -- Giuseppe

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: The way you stop someone from distributing part of your work is by arguing that the work they are distributing is a derivative work of your work and they had no right to *make* it in the first place. See, for

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Henning Makholm
Scripsit David Schwartz [EMAIL PROTECTED] However, then you cannot legally copy it at all, because it contains part of the original author's copyrighted work and therefore can only legally be copied with the permission of the author. The way you stop someone from distributing part of

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Glenn Maynard
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: Well that's the problem. While copyright law does permit you to restrict the right to create derivative works, it doesn't permit you to restrict the distribution of lawfully created derivative works to licensees of the

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
The GPL applies to distributing a Linux binary I just made even though nobody ever chose to apply the GPL to the binary I just made only because the binary I just made is a derivative work of the Linux kernel, and the authors of that work chose to apply the GPL to it. How can the

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread David Schwartz
On Sun, Apr 10, 2005 at 01:18:11PM -0700, David Schwartz wrote: Well that's the problem. While copyright law does permit you to restrict the right to create derivative works, it doesn't permit you to restrict the distribution of lawfully created derivative works to licensees of the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Glenn Maynard
(Henning Makholm, I assume; I seem to be missing the actual message and David's mailer forgot to put a quote header on the original reply): > > >> I think the "derivative work" angle is a red herring. I do not think > > >> that either of the two parts that are being linked together (i.e. the > >

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread David Schwartz
> Scripsit "David Schwartz" <[EMAIL PROTECTED]> > >> I think the "derivative work" angle is a red herring. I do not think > >> that either of the two parts that are being linked together (i.e. the > >> driver and the firmware) are derivates of the other. The relevant > >> point is that

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Raul Miller
> > It's impossible to treat patents consistently. On Sat, Apr 09, 2005 at 04:38:15PM +0200, Adrian Bunk wrote: > Even RedHat with a stronger financial background than Debian considered > the MP3 patents being serious enough to remove MP3 support. It's silly to treat financial risk as being a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 08:31:22PM -0400, Raul Miller wrote: > On Fri, Apr 08, 2005 at 07:34:00PM +0200, Adrian Bunk wrote: > > If Debian was at least consistent. > > > > Why has Debian a much more liberal interpretation of MP3 patent issues > > than RedHat? > > It's impossible to treat patents

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Henning Makholm
Scripsit "David Schwartz" <[EMAIL PROTECTED]> >> I think the "derivative work" angle is a red herring. I do not think >> that either of the two parts that are being linked together (i.e. the >> driver and the firmware) are derivates of the other. The relevant >> point is that distribution of the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Henning Makholm
Scripsit David Schwartz [EMAIL PROTECTED] I think the derivative work angle is a red herring. I do not think that either of the two parts that are being linked together (i.e. the driver and the firmware) are derivates of the other. The relevant point is that distribution of the linked

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 08:31:22PM -0400, Raul Miller wrote: On Fri, Apr 08, 2005 at 07:34:00PM +0200, Adrian Bunk wrote: If Debian was at least consistent. Why has Debian a much more liberal interpretation of MP3 patent issues than RedHat? It's impossible to treat patents

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Raul Miller
It's impossible to treat patents consistently. On Sat, Apr 09, 2005 at 04:38:15PM +0200, Adrian Bunk wrote: Even RedHat with a stronger financial background than Debian considered the MP3 patents being serious enough to remove MP3 support. It's silly to treat financial risk as being a one

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread David Schwartz
Scripsit David Schwartz [EMAIL PROTECTED] I think the derivative work angle is a red herring. I do not think that either of the two parts that are being linked together (i.e. the driver and the firmware) are derivates of the other. The relevant point is that distribution of the linked

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-09 Thread Glenn Maynard
(Henning Makholm, I assume; I seem to be missing the actual message and David's mailer forgot to put a quote header on the original reply): I think the derivative work angle is a red herring. I do not think that either of the two parts that are being linked together (i.e. the driver and

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Raul Miller
On Fri, Apr 08, 2005 at 07:34:00PM +0200, Adrian Bunk wrote: > If Debian was at least consistent. > > Why has Debian a much more liberal interpretation of MP3 patent issues > than RedHat? It's impossible to treat patents consistently. The U.S. patent office, at least, has granted patents on

RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread David Schwartz
> I think the "derivative work" angle is a red herring. I do not think > that either of the two parts that are being linked together (i.e. the > driver and the firmware) are derivates of the other. The relevant > point is that distribution of the linked _result_ is nevertheless > subject to the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Rich Walker
Adrian Bunk <[EMAIL PROTECTED]> writes: > On Fri, Apr 08, 2005 at 07:42:51PM +0200, Josselin Mouette wrote: >> Le vendredi 08 avril 2005 à 19:34 +0200, Adrian Bunk a écrit : >> GFDL documentation will still be available in the non-free archive. > > Assuming you have an online connection and a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le vendredi 08 avril 2005 Ã 20:01 +0200, Adrian Bunk a Ãcrit : > > Because we already know that patents on MP3 decoders are not > > enforceable. Furthermore, the holders of these patents have repeatedly > > How do you know the patents aren't enforceable? Because decoding a MP3 is a trivial

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 07:42:51PM +0200, Josselin Mouette wrote: > Le vendredi 08 avril 2005 à 19:34 +0200, Adrian Bunk a écrit : > > > When there are several possible interpretations, you have to pick up the > > > more conservative one, as it's not up to us to make the interpretation, > > > but

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le vendredi 08 avril 2005 Ã 19:34 +0200, Adrian Bunk a Ãcrit : > > When there are several possible interpretations, you have to pick up the > > more conservative one, as it's not up to us to make the interpretation, > > but to a court. > > If Debian was at least consistent. > > Why has Debian a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 09:22:00AM +0200, Josselin Mouette wrote: > Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : > > > You are mixing apples and oranges. The fact that the GFDL sucks has > > > nothing to do with the firmware issue. With the current situation of > > > firmwares in

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Adrian Bunk
On Fri, Apr 08, 2005 at 08:54:40AM +0200, Sven Luther wrote: > On Fri, Apr 08, 2005 at 02:31:36AM +0200, Adrian Bunk wrote: > > On Thu, Apr 07, 2005 at 11:05:05PM +0200, Sven Luther wrote: > > > On Thu, Apr 07, 2005 at 10:56:47PM +0200, Adrian Bunk wrote: > > >... > > > > If your statement was

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Raul Miller
ible for copyright protection. Copyright protection is not granted or denied because of functionality. The functional issues are relevant only because they're written into the license. Of course there can be other GPL issues (e.g. it's bad to put a GPL notice on something which isn't GPLed). A

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Bernd Petrovitsch
On Fri, 2005-04-08 at 09:08 -0300, Humberto Massa wrote: > Adrian Bunk wrote: > >Debian doesn't seem to care much about the possible legal problems of > >patents. You have lots of "possible legal problems" of any kind. Basically everyone can sue you for (almost) whatever he wants almost all ofth

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Adrian Bunk wrote: Debian doesn't seem to care much about the possible legal problems of patents. The possible legal problem of software patents is, up to the present time, AFAICT, not producing effects yet in Europe, and is a non-problem in jurisdictions like mine (down here neither

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Jörn Engel
On Fri, 8 April 2005 09:22:00 +0200, Josselin Mouette wrote: > Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : > > > As a contrast, read the discussion between Christoph and Arjan in a part > > of this thread how to move firmware out of kernel drivers without > > problems for the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Ralph Corderoy
Hi, Humberto Massa wrote: > First, there is *NOT* any requirement in the GPL at all that requires > making compilers available. Otherwise it would not be possible, for > instance, have a Visual Basic GPL'd application. And yes, it is > possible. >From section 3 of the GNU GPL, version 2:

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
ance is that the kernel proper > and the binary firmware are "merely aggregated" in a volume of storage ( > ie. system memory). The problem is that you can only argue it is mere agregation, if the copyright notice doesn't de-facto put said firmware blobs under the GPL,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 04:15:45PM +0200, Josselin Mouette wrote: > Le jeudi 07 avril 2005 à 09:03 -0400, Richard B. Johnson a écrit : > > Well it doesn't make any difference. If GPL has degenerated to > > where one can't upload microcode to a device as part of its > > initialization, without

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 09:15:07AM -0300, Humberto Massa wrote: > This is where you are wrong IMMHO. All that is needed for you > to distribute the hexdump blob under the GPL is a declaration > from the copyright holder saying "this, to me, is the > preferred form for modification of the firmware

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 04:56:50AM +0100, Henning Makholm wrote: > Scripsit "David Schwartz" <[EMAIL PROTECTED]> > [quoting me] > > >> No, it is completely wrong to say that the object file is merely an > >> aggregation. The two components are being coupled much more tightly > >> than in the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 03:10:43AM +0100, Henning Makholm wrote: > Scripsit Humberto Massa <[EMAIL PROTECTED]> > > > After a *lot* of discussion, it was deliberated on d-l that > > this is not that tricky at all, and that the "mere > > aggregation" clause applies to the combination, for various >

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Tue, Apr 05, 2005 at 11:50:54AM -0400, Richard B. Johnson wrote: > On Tue, 5 Apr 2005, Humberto Massa wrote: > > >Josselin Mouette wrote: > > > >>You are mixing apples and oranges. The fact that the GFDL sucks has > >>nothing to do with the firmware issue. With the current situation of >

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 11:55:44PM -0400, Raul Miller wrote: > > > Also, "mere aggregation" is a term from the GPL. You can read what > > > it says there yourself. But basically it's there so that people make > > > a distinction between the program itself and other stuff that isn't > > > the

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : > > You are mixing apples and oranges. The fact that the GFDL sucks has > > nothing to do with the firmware issue. With the current situation of > > firmwares in the kernel, it is illegal to redistribute binary images of > > the kernel.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 02:31:36AM +0200, Adrian Bunk wrote: > On Thu, Apr 07, 2005 at 11:05:05PM +0200, Sven Luther wrote: > > On Thu, Apr 07, 2005 at 10:56:47PM +0200, Adrian Bunk wrote: > >... > > > If your statement was true that Debian must take more care regarding > > > legal risks than

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
And it is done often enough when > an assembler will not cooperate, and generate the correct instruction. But again, this is not the common assumption, so if this is so, they should write it down black on white in the copyright notice, and everyone would be happy. > Without evidence that

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
if this is so, they should write it down black on white in the copyright notice, and everyone would be happy. Without evidence that we don't have the preferred form of the software for making modifications I don't see how you can complain. No, it goes the other way around. Without evidence that all

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 02:31:36AM +0200, Adrian Bunk wrote: On Thu, Apr 07, 2005 at 11:05:05PM +0200, Sven Luther wrote: On Thu, Apr 07, 2005 at 10:56:47PM +0200, Adrian Bunk wrote: ... If your statement was true that Debian must take more care regarding legal risks than commercial

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Josselin Mouette
Le jeudi 07 avril 2005 à 23:07 +0200, Adrian Bunk a écrit : You are mixing apples and oranges. The fact that the GFDL sucks has nothing to do with the firmware issue. With the current situation of firmwares in the kernel, it is illegal to redistribute binary images of the kernel. Full

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 11:55:44PM -0400, Raul Miller wrote: Also, mere aggregation is a term from the GPL. You can read what it says there yourself. But basically it's there so that people make a distinction between the program itself and other stuff that isn't the program. On

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 03:10:43AM +0100, Henning Makholm wrote: Scripsit Humberto Massa [EMAIL PROTECTED] After a *lot* of discussion, it was deliberated on d-l that this is not that tricky at all, and that the mere aggregation clause applies to the combination, for various reasons,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Thu, Apr 07, 2005 at 09:15:07AM -0300, Humberto Massa wrote: This is where you are wrong IMMHO. All that is needed for you to distribute the hexdump blob under the GPL is a declaration from the copyright holder saying this, to me, is the preferred form for modification of the firmware and

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Sven Luther
On Fri, Apr 08, 2005 at 04:56:50AM +0100, Henning Makholm wrote: Scripsit David Schwartz [EMAIL PROTECTED] [quoting me] No, it is completely wrong to say that the object file is merely an aggregation. The two components are being coupled much more tightly than in the situation that the

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