Re: Copyright / licensing question

2005-02-03 Thread Helge Hafting
[EMAIL PROTECTED] wrote:
I'll respond in terms of U.S. law; if you want something else, please
mention it.
You might find a lot of useful information at
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
http://www.usg.edu/admin/legal/copyright/#part3d3a
http://en.wikipedia.org/wiki/Fair_use
ttp://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/C3E49F67-1AA3-4293-9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E
 

1. For explaining the internals of a filesystem in detail, I need to
  take their code from kernel sources 'as it is' in the book. Do I need
  to take any permissions from the owner/maintainer regarding this ?
  Will it violate any license if reproduce the driver source code in
  my book ??
   

This is exactly the sort of "Comment and criticism" that is anticipated
and covered by the fair use exemption.  In judging whether the use is
fair, 17 USC 107 says:
 

Nice analysis, but is it necessary in this case?
GPL is somewhat special, in that it allows unlimited distribution of
unmodified and modified code, as long as:
1. The copyright notice remains - trivial to do in a book by keeping the
   copyright notices.  A book tend to have a copyright notice of its own,
   where he may mention the different licence/copyright for the code parts.
2. He offer the sources to anyone interested - again trivial because the
   book actually distributes the source in written form.  So he won't 
need to
   set up a ftp server the way binary vendors usually have to.

So I believe he'll be fine as long as he makes it clear that the source 
code listings
have a different copyright from the rest of the book - i.e. people can 
copy and use that
code in all the ways the GPL permits.

"Fair use" and such is nice to have, but one doesn't need to invoke it 
when the
source code in question already offer a unlimited redistribution 
licence.  Printing the
code in some book is just redistribution, after all.  He have to make 
sure he prints the GPL
along with the code, that's about it.

Helge Hafting
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Re: Copyright / licensing question

2005-02-03 Thread linux
I'll respond in terms of U.S. law; if you want something else, please
mention it.

You might find a lot of useful information at
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
http://www.usg.edu/admin/legal/copyright/#part3d3a
http://en.wikipedia.org/wiki/Fair_use
ttp://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/C3E49F67-1AA3-4293-9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E

> 1. For explaining the internals of a filesystem in detail, I need to
>take their code from kernel sources 'as it is' in the book. Do I need
>to take any permissions from the owner/maintainer regarding this ?
>Will it violate any license if reproduce the driver source code in
>my book ??

This is exactly the sort of "Comment and criticism" that is anticipated
and covered by the fair use exemption.  In judging whether the use is
fair, 17 USC 107 says:

# § 107. Limitations on exclusive rights: Fair use
# 
# Release date: 2004-04-30
# 
# Notwithstanding the provisions of sections 106 and 106A, the fair use
# of a copyrighted work, including such use by reproduction in copies
# or phonorecords or by any other means specified by that section, for
# purposes such as criticism, comment, news reporting, teaching (including
# multiple copies for classroom use), scholarship, or research, is not
# an infringement of copyright. In determining whether the use made of a
# work in any particular case is a fair use the factors to be considered
# shall include:
# (1) the purpose and character of the use, including whether such use
# is of a commercial nature or is for nonprofit educational purposes;
# (2) the nature of the copyrighted work;
# (3) the amount and substantiality of the portion used in relation to
# the copyrighted work as a whole; and
# (4) the effect of the use upon the potential market for or value of
* the copyrighted work.
# The fact that a work is unpublished shall not itself bar a finding
# of fair use if such finding is made upon consideration of all the above
# factors.

Going through those in your case, they are:

1. The Transformative Factor: The Purpose and Character of Your Use

It's commercial use, but the non-commercial exemptions are a relatively
recent addition to copyright law.  The original, classic "fair use"
is commentary and criticism.

I.e. are you adding something to the quoted material?  Have you added
new information or insights?  This is one of the most important factors,
and in your case, assuming the book is worth anything at all, the answer
is clearly "yes".

On this ground alone, you're probably safe.

2. The Nature of the Copyrighted Work

Scope for fair use is broader for published than unpublished works
(because the potential future value of an unpublished work is affected
more by copious excerpting), and broader for factual works than fiction
(because facts and ideas cannot be copyrighted, so it takes more quoting
to include a threshold amount of copyrightable "expression").

The Linux kernel is clearly "published", and while the second part is
a little fuzzy (and I'm not eager enough to chase it back to original
case law), I think the functional nature of software places it in the
"factual" category.

3. The Amount and Substantiality of the Portion Taken

Your publisher won't let you waste enough paper to print a huge fraction
of the Linux kernel.  Yes, it may be a lot of code, but it's not going
to be "most" by a long shot.

In general the standard is that "no more was taken than was necessary"
to achieve the purpose for which the copying was done.  I think you'll
do this anyway, and the law doesn't require you to be super anal about
eliding every snippet and #define that's not directly referenced.

The Lions book, in contrast, included most of 6th edition Unix,
leading to the need for negotiations.  Also, the 6th edition wasn't
publushed, leading to problems with the previous factor.

The legally fuzzy isse is what constitutes a "work" here.  The function?
The source file?  The tarball?  I'd have to look for a case involving
copying of entire entries from an encyclopedia or dictionary to get it
fully untangled.

However, you're helped here by the GPL, which can be used to show
the original author's intentions.  It defines the "work" as an entire
program, that compiles to an executable that does something.  As long
as your excerpts don't compile to a working kernel, you're pretty safe.

4. The Effect of the Use Upon the Potential Market

Will it hurt the copyright owner?  This is typicaly expressed in terms
of income, which doesn't apply very much.  But your intent is clearly to
*add* value to the Linux kernel, so this factor militates in your favor.


> 2. I will write some custom drivers also for illustration. For this
>I shall include kernel headers.  I also intend to put this in the
>book. From whom I need to take permission regarding this ? The book
>will be supported by a web-site. I have no problems 

Re: Copyright / licensing question

2005-02-03 Thread Helge Hafting
Charles Cazabon wrote:
Thomas Gleixner <[EMAIL PROTECTED]> wrote:
 

On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
   

I am having some licensing questions. It would be
really great if you can clarify on them
1. For explaining the internals of a filesystem in
detail, I need to take their code from kernel sources
'as it is' in the book. Do I need to take any
permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver
source code in my book ??
 

Legally, not if you mention the licence of the code clearly. 
   

I'm not sure that's the case.  Inclusion of significant chunks of source code
(not just a dozen lines or whatever) might bring the book into "derived work"
territory, and your publisher is almost certainly not going to allow
redistribution under the GPL ...
 

I don't think this will be a problem.  The separation between code
and the rest of the book is clear, and the book isn't directly 
executable. :-)

Even a book that mainly list source and merely offer some short explanations
should be easy to get right - the _code_ is GPL so it is okay for people to
photocopy it off the pages (who in their right mind would, though) but
the rest of the book is printed under ordinary terms.
Helge Hafting
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Re: Copyright / licensing question

2005-02-03 Thread Helge Hafting
Charles Cazabon wrote:
Thomas Gleixner [EMAIL PROTECTED] wrote:
 

On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
   

I am having some licensing questions. It would be
really great if you can clarify on them
1. For explaining the internals of a filesystem in
detail, I need to take their code from kernel sources
'as it is' in the book. Do I need to take any
permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver
source code in my book ??
 

Legally, not if you mention the licence of the code clearly. 
   

I'm not sure that's the case.  Inclusion of significant chunks of source code
(not just a dozen lines or whatever) might bring the book into derived work
territory, and your publisher is almost certainly not going to allow
redistribution under the GPL ...
 

I don't think this will be a problem.  The separation between code
and the rest of the book is clear, and the book isn't directly 
executable. :-)

Even a book that mainly list source and merely offer some short explanations
should be easy to get right - the _code_ is GPL so it is okay for people to
photocopy it off the pages (who in their right mind would, though) but
the rest of the book is printed under ordinary terms.
Helge Hafting
-
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the body of a message to [EMAIL PROTECTED]
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Re: Copyright / licensing question

2005-02-03 Thread linux
I'll respond in terms of U.S. law; if you want something else, please
mention it.

You might find a lot of useful information at
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
http://www.usg.edu/admin/legal/copyright/#part3d3a
http://en.wikipedia.org/wiki/Fair_use
ttp://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/C3E49F67-1AA3-4293-9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E

 1. For explaining the internals of a filesystem in detail, I need to
take their code from kernel sources 'as it is' in the book. Do I need
to take any permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver source code in
my book ??

This is exactly the sort of Comment and criticism that is anticipated
and covered by the fair use exemption.  In judging whether the use is
fair, 17 USC 107 says:

# § 107. Limitations on exclusive rights: Fair use
# 
# Release date: 2004-04-30
# 
# Notwithstanding the provisions of sections 106 and 106A, the fair use
# of a copyrighted work, including such use by reproduction in copies
# or phonorecords or by any other means specified by that section, for
# purposes such as criticism, comment, news reporting, teaching (including
# multiple copies for classroom use), scholarship, or research, is not
# an infringement of copyright. In determining whether the use made of a
# work in any particular case is a fair use the factors to be considered
# shall include:
# (1) the purpose and character of the use, including whether such use
# is of a commercial nature or is for nonprofit educational purposes;
# (2) the nature of the copyrighted work;
# (3) the amount and substantiality of the portion used in relation to
# the copyrighted work as a whole; and
# (4) the effect of the use upon the potential market for or value of
* the copyrighted work.
# The fact that a work is unpublished shall not itself bar a finding
# of fair use if such finding is made upon consideration of all the above
# factors.

Going through those in your case, they are:

1. The Transformative Factor: The Purpose and Character of Your Use

It's commercial use, but the non-commercial exemptions are a relatively
recent addition to copyright law.  The original, classic fair use
is commentary and criticism.

I.e. are you adding something to the quoted material?  Have you added
new information or insights?  This is one of the most important factors,
and in your case, assuming the book is worth anything at all, the answer
is clearly yes.

On this ground alone, you're probably safe.

2. The Nature of the Copyrighted Work

Scope for fair use is broader for published than unpublished works
(because the potential future value of an unpublished work is affected
more by copious excerpting), and broader for factual works than fiction
(because facts and ideas cannot be copyrighted, so it takes more quoting
to include a threshold amount of copyrightable expression).

The Linux kernel is clearly published, and while the second part is
a little fuzzy (and I'm not eager enough to chase it back to original
case law), I think the functional nature of software places it in the
factual category.

3. The Amount and Substantiality of the Portion Taken

Your publisher won't let you waste enough paper to print a huge fraction
of the Linux kernel.  Yes, it may be a lot of code, but it's not going
to be most by a long shot.

In general the standard is that no more was taken than was necessary
to achieve the purpose for which the copying was done.  I think you'll
do this anyway, and the law doesn't require you to be super anal about
eliding every snippet and #define that's not directly referenced.

The Lions book, in contrast, included most of 6th edition Unix,
leading to the need for negotiations.  Also, the 6th edition wasn't
publushed, leading to problems with the previous factor.

The legally fuzzy isse is what constitutes a work here.  The function?
The source file?  The tarball?  I'd have to look for a case involving
copying of entire entries from an encyclopedia or dictionary to get it
fully untangled.

However, you're helped here by the GPL, which can be used to show
the original author's intentions.  It defines the work as an entire
program, that compiles to an executable that does something.  As long
as your excerpts don't compile to a working kernel, you're pretty safe.

4. The Effect of the Use Upon the Potential Market

Will it hurt the copyright owner?  This is typicaly expressed in terms
of income, which doesn't apply very much.  But your intent is clearly to
*add* value to the Linux kernel, so this factor militates in your favor.


 2. I will write some custom drivers also for illustration. For this
I shall include kernel headers.  I also intend to put this in the
book. From whom I need to take permission regarding this ? The book
will be supported by a web-site. I have no problems in releasing
my custom 

Re: Copyright / licensing question

2005-02-03 Thread Helge Hafting
[EMAIL PROTECTED] wrote:
I'll respond in terms of U.S. law; if you want something else, please
mention it.
You might find a lot of useful information at
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
http://www.usg.edu/admin/legal/copyright/#part3d3a
http://en.wikipedia.org/wiki/Fair_use
ttp://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/C3E49F67-1AA3-4293-9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E
 

1. For explaining the internals of a filesystem in detail, I need to
  take their code from kernel sources 'as it is' in the book. Do I need
  to take any permissions from the owner/maintainer regarding this ?
  Will it violate any license if reproduce the driver source code in
  my book ??
   

This is exactly the sort of Comment and criticism that is anticipated
and covered by the fair use exemption.  In judging whether the use is
fair, 17 USC 107 says:
 

Nice analysis, but is it necessary in this case?
GPL is somewhat special, in that it allows unlimited distribution of
unmodified and modified code, as long as:
1. The copyright notice remains - trivial to do in a book by keeping the
   copyright notices.  A book tend to have a copyright notice of its own,
   where he may mention the different licence/copyright for the code parts.
2. He offer the sources to anyone interested - again trivial because the
   book actually distributes the source in written form.  So he won't 
need to
   set up a ftp server the way binary vendors usually have to.

So I believe he'll be fine as long as he makes it clear that the source 
code listings
have a different copyright from the rest of the book - i.e. people can 
copy and use that
code in all the ways the GPL permits.

Fair use and such is nice to have, but one doesn't need to invoke it 
when the
source code in question already offer a unlimited redistribution 
licence.  Printing the
code in some book is just redistribution, after all.  He have to make 
sure he prints the GPL
along with the code, that's about it.

Helge Hafting
-
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Re: Copyright / licensing question

2005-02-02 Thread H. Peter Anvin
Followup to:  <[EMAIL PROTECTED]>
By author:Charles Cazabon <[EMAIL PROTECTED]>
In newsgroup: linux.dev.kernel
> 
> I'm not sure that's the case.  Inclusion of significant chunks of source code
> (not just a dozen lines or whatever) might bring the book into "derived work"
> territory, and your publisher is almost certainly not going to allow
> redistribution under the GPL ...
> 
> The short answer is "ask a lawyer".
> 

I think that would fall under the "aggregate work" clause.

-hpa
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Re: Copyright / licensing question

2005-02-02 Thread Charles Cazabon
Thomas Gleixner <[EMAIL PROTECTED]> wrote:
> On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
> > I am having some licensing questions. It would be
> > really great if you can clarify on them
> > 
> > 1. For explaining the internals of a filesystem in
> > detail, I need to take their code from kernel sources
> > 'as it is' in the book. Do I need to take any
> > permissions from the owner/maintainer regarding this ?
> > Will it violate any license if reproduce the driver
> > source code in my book ??
> 
> Legally, not if you mention the licence of the code clearly. 

I'm not sure that's the case.  Inclusion of significant chunks of source code
(not just a dozen lines or whatever) might bring the book into "derived work"
territory, and your publisher is almost certainly not going to allow
redistribution under the GPL ...

The short answer is "ask a lawyer".

Charles
-- 
---
Charles Cazabon<[EMAIL PROTECTED]>
GPL'ed software available at: http://www.qcc.ca/~charlesc/software/
---
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Re: Copyright / licensing question

2005-02-02 Thread Thomas Gleixner
On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
> I am having some licensing questions. It would be
> really great if you can clarify on them
> 
> 1. For explaining the internals of a filesystem in
> detail, I need to take their code from kernel sources
> 'as it is' in the book. Do I need to take any
> permissions from the owner/maintainer regarding this ?
> Will it violate any license if reproduce the driver
> source code in my book ??

Legally, not if you mention the licence of the code clearly. 

Personaly, I think it's a question of etiquette whether to contact the
authors or not.

tglx


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Re: Copyright / licensing question

2005-02-02 Thread Rik van Riel
On Wed, 2 Feb 2005, Frank klein wrote:
1. For explaining the internals of a filesystem in
detail, I need to take their code from kernel sources
'as it is' in the book. Do I need to take any
permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver
source code in my book ??
Reproducing GPL code is legal, though you may want to
make sure that the copyright notice on the book doesn't
accidentally try to prohibit your readers from further
distributing said code ;)
--
"Debugging is twice as hard as writing the code in the first place.
Therefore, if you write the code as cleverly as possible, you are,
by definition, not smart enough to debug it." - Brian W. Kernighan
-
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Re: Copyright / licensing question

2005-02-02 Thread Arjan van de Ven
On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
> Hi,
>  I have got an offer to write a book on Linux
> filesystems. In this I would like to cover existing
> filesystems like ext3, xfs etc. I would also cover
> embedded file systems such as jffs,ROMfs,cramsf etc.
> 
> I am having some licensing questions. It would be
> really great if you can clarify on them
> 
> 1. For explaining the internals of a filesystem in
> detail, I need to take their code from kernel sources
> 'as it is' in the book. Do I need to take any
> permissions from the owner/maintainer regarding this ?
> Will it violate any license if reproduce the driver
> source code in my book ??

no.
However what you SHOULD do is attribute the code properly and point the
reader clearly at the origin and to the fact that the code is licensed
under the terms of the GPL only. (or in case of dual license, well you
get the point)


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Copyright / licensing question

2005-02-02 Thread Frank klein
Hi,
 I have got an offer to write a book on Linux
filesystems. In this I would like to cover existing
filesystems like ext3, xfs etc. I would also cover
embedded file systems such as jffs,ROMfs,cramsf etc.

I am having some licensing questions. It would be
really great if you can clarify on them

1. For explaining the internals of a filesystem in
detail, I need to take their code from kernel sources
'as it is' in the book. Do I need to take any
permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver
source code in my book ??

2. I will write some custom drivers also for
illustration. For this I shall include kernel headers.
I also intend to put this in the book. From whom I
need to take permission regarding this ? The book will
be supported by a web-site. I have no problems in
releasing my custom code under GPL. But Am I violating
any license by putting the code in the book ?

Please CC me

Thanks

yours
Frank Klein




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Copyright / licensing question

2005-02-02 Thread Frank klein
Hi,
 I have got an offer to write a book on Linux
filesystems. In this I would like to cover existing
filesystems like ext3, xfs etc. I would also cover
embedded file systems such as jffs,ROMfs,cramsf etc.

I am having some licensing questions. It would be
really great if you can clarify on them

1. For explaining the internals of a filesystem in
detail, I need to take their code from kernel sources
'as it is' in the book. Do I need to take any
permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver
source code in my book ??

2. I will write some custom drivers also for
illustration. For this I shall include kernel headers.
I also intend to put this in the book. From whom I
need to take permission regarding this ? The book will
be supported by a web-site. I have no problems in
releasing my custom code under GPL. But Am I violating
any license by putting the code in the book ?

Please CC me

Thanks

yours
Frank Klein




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Re: Copyright / licensing question

2005-02-02 Thread Arjan van de Ven
On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
 Hi,
  I have got an offer to write a book on Linux
 filesystems. In this I would like to cover existing
 filesystems like ext3, xfs etc. I would also cover
 embedded file systems such as jffs,ROMfs,cramsf etc.
 
 I am having some licensing questions. It would be
 really great if you can clarify on them
 
 1. For explaining the internals of a filesystem in
 detail, I need to take their code from kernel sources
 'as it is' in the book. Do I need to take any
 permissions from the owner/maintainer regarding this ?
 Will it violate any license if reproduce the driver
 source code in my book ??

no.
However what you SHOULD do is attribute the code properly and point the
reader clearly at the origin and to the fact that the code is licensed
under the terms of the GPL only. (or in case of dual license, well you
get the point)


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Re: Copyright / licensing question

2005-02-02 Thread Rik van Riel
On Wed, 2 Feb 2005, Frank klein wrote:
1. For explaining the internals of a filesystem in
detail, I need to take their code from kernel sources
'as it is' in the book. Do I need to take any
permissions from the owner/maintainer regarding this ?
Will it violate any license if reproduce the driver
source code in my book ??
Reproducing GPL code is legal, though you may want to
make sure that the copyright notice on the book doesn't
accidentally try to prohibit your readers from further
distributing said code ;)
--
Debugging is twice as hard as writing the code in the first place.
Therefore, if you write the code as cleverly as possible, you are,
by definition, not smart enough to debug it. - Brian W. Kernighan
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Re: Copyright / licensing question

2005-02-02 Thread Thomas Gleixner
On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
 I am having some licensing questions. It would be
 really great if you can clarify on them
 
 1. For explaining the internals of a filesystem in
 detail, I need to take their code from kernel sources
 'as it is' in the book. Do I need to take any
 permissions from the owner/maintainer regarding this ?
 Will it violate any license if reproduce the driver
 source code in my book ??

Legally, not if you mention the licence of the code clearly. 

Personaly, I think it's a question of etiquette whether to contact the
authors or not.

tglx


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Re: Copyright / licensing question

2005-02-02 Thread Charles Cazabon
Thomas Gleixner [EMAIL PROTECTED] wrote:
 On Wed, 2005-02-02 at 06:49 -0800, Frank klein wrote:
  I am having some licensing questions. It would be
  really great if you can clarify on them
  
  1. For explaining the internals of a filesystem in
  detail, I need to take their code from kernel sources
  'as it is' in the book. Do I need to take any
  permissions from the owner/maintainer regarding this ?
  Will it violate any license if reproduce the driver
  source code in my book ??
 
 Legally, not if you mention the licence of the code clearly. 

I'm not sure that's the case.  Inclusion of significant chunks of source code
(not just a dozen lines or whatever) might bring the book into derived work
territory, and your publisher is almost certainly not going to allow
redistribution under the GPL ...

The short answer is ask a lawyer.

Charles
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Charles Cazabon[EMAIL PROTECTED]
GPL'ed software available at: http://www.qcc.ca/~charlesc/software/
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Re: Copyright / licensing question

2005-02-02 Thread H. Peter Anvin
Followup to:  [EMAIL PROTECTED]
By author:Charles Cazabon [EMAIL PROTECTED]
In newsgroup: linux.dev.kernel
 
 I'm not sure that's the case.  Inclusion of significant chunks of source code
 (not just a dozen lines or whatever) might bring the book into derived work
 territory, and your publisher is almost certainly not going to allow
 redistribution under the GPL ...
 
 The short answer is ask a lawyer.
 

I think that would fall under the aggregate work clause.

-hpa
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