Re: module license taints kernel.

On Nov 21, 3:53 pm, Bob Tennent <B...@xxxxxxxxxxxxx> wrote:

But we're not just talking of putting two works in a box, or even of
using the (linked) combination, but of copying them and distributing
them.

No. Putting a DVD of the Lion King and a DVD of The Phantom Menace in
a box is not copying. Shipping that box to a friend is not
distributing.

In any event, the GPL grants you the right to copy and distribute the
original works. For copyright purposes, the result of linking is the
original works.

And if one of the works is GPLed, copying and distributing it is
on its terms.

Right, except no copying or distributing is needed. I can download 100
copies of the Linux kernel from kernel.org, and I can put them on CD
and give them to 100 of my friends without either copying or
distributing the kernel, legally speaking.

> See Lexmark v. Static Controls.

Presumably that would mean something to a lawyer but IANAL.

This is a case where Static Controls copied and distributed an entire
piece of software made by Lexmark. Lexmark sued them for DMCA and
other copyright violations. The court held that because Static
Controls took only what it needed to make its toner cartridges work
with Lexmark printers, there was no copyright violation.

You can take what you need from the kernel to make your module work
with it. Copyright does not cover what you need to make something
work. Only patent does that. Copyright covers one choice out of
millions of equally good ones.

DS
.

Relevant Pages

  • Re: Borland in Encarta 2006
    ... but I suppose that means you don't have rights to copy that material? ... whether the copying or distributing falls within the limited ... Fair use applies to multimedia materials ...
    (borland.public.delphi.non-technical)
  • Re: SITESWAP DVD - IS IT READY???
    ... * Trade Marks Act 1994 ... therefore, buying the dvd, copying and distributing is a punishable ... became apparent that they were not grossly infringing Swedish law. ...
    (rec.juggling)
  • Re: SITESWAP DVD - IS IT READY???
    ... therefore, buying the dvd, copying and distributing is a punishable ... became apparent that they were not grossly infringing Swedish law. ...
    (rec.juggling)
  • Re: Theaving Goths
    ... >>State to send people to prison for using this enormously more efficient ... >>taxi-cloning service. ... Copying and distributing a product for free, ...
    (uk.people.gothic)
  • Re: Ive seen things you people wouldnt believe...
    ... Go look up one time pads. ... text e-mail versus a DVD full of key) ... Distributing a DVD full of random bits isn't terribly hard. ...
    (rec.arts.sf.fandom)