David Schwartz writes: >> Most of this list has >> already dismissed your rather unique -- I would even say frivolous -- >> idea of how far "mere aggregation" goes: I, for one, have better >> things to do than explain why a C file is not a "mere aggregation" of >> the functions it contains.) >> >> Michael Poole > > Of course it's not mere aggregation. The functions in a C file are > creatively combined. How many times do I have to say that the opposite of > "mere aggregation" is creative combination? > > It is not unique, it is part of the definition of a "derivative work".
By "creative combination" do you mean what US copyright law refers to as compilations (or their subset collective works)? Compilations can be creative combinations while still being mere aggregation under the GPL. For example, if applications are selected to run with a Linux kernel, and they are distributed together, the collection is a creative selection -- and this seems to be one of the cases evoked by the GPL's reference to "mere aggregation". See also practically every Linux distribution on the planet. Compilations also can be creative combinations and *more* than mere aggregation: for example, Linux with respect to its subsystems, or any case where a larger work is derivative of one of its components. 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 Michael Poole - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
