Re: module license taints kernel.

On Nov 27, 9:36 pm, phil-news-nos...@xxxxxxxx wrote:

I what is in RAM what you are arguing about as being a derived work?
Or is it a _copy_ of that RAM contents (such as dumping the RAM out to
a favorite P2P repository)?

I don't think either of us are arguing about "works" that are not
fixed in a semi-permanent medium.

I think we are getting down into the semantics of whether the copying
_into_ RAM of the separate works is somehow different that the copying
out _from_ RAM of a combined/derived/whatever work. But if we are not
even copying out from the RAM, what are you guys even arguing your own
agreements about?

I'm really only trying to make two points here:

1) Linking is mere aggregation, just like archiving. They are both
mechanical, functional processes that don't create a work. They are
both purely dominated by functional considerations and are not
creative. The opposite of mere aggregation is creatively-selective
combination, which does produce a new work and does extend the
expression of the input work(s).

2) The functionality or functional intention of a work does not
constitute an argument for expanding the scope of copyright. If
anything, it reduces it. You can take just what you reasonably need to
accomplish a particular function without taking any protectable
expression. Only things not mandated by functional concerns can be
expressive.

DS
.

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