Rich Freeman wrote: > On Wed, Aug 19, 2015 at 7:40 PM, Fernando Rodriguez > <frodriguez.develo...@outlook.com> wrote: >> The law is not clear about that. But how can it not be a derived work if it >> doesn't work without it? >> > A is only a derived work of B if the law says it is. > > My pot isn't a derived work of my stove. My browser isn't a derived > work of the kernel it runs on. > > Copyright law doesn't talk about interoperability when it comes to > derived works. It talks about translations, adaptations, etc. These > are derived works because they incorporate substantial portions of the > original work. MST3K incorporates substantial portions of the movies > they're parodying. Rifftrax does not. That is the difference. > > A kernel module does not incorporate substantial portions of the kernel. > > And interoperability is actually a legal defense against copyright. > If the only way to make something interoperate with something else is > to partially copy it, the court tends to view that as fair use. >
I'm no lawyer but I do sometimes research court stuff, tho not this topic. This is my opinion. I download a kernel, I compile it and then I boot that kernel. I download the Nvidia driver, install it and then load that driver so that my video card works. First, I'm not distributing nothing. I'm only using it. Actually, likely few other computers would work with my kernel config and Nvidia module since after the compile and install, they tend to become machine specific, especially on Gentoo. Second, the two things are still two different things. The kernel is still the kernel and the Nvidia driver is still the driver. The driver just "plugs in" the kernel so that the GUI can be displayed. I'm sure a wall plug has a patent or something for its design and purpose. If I can't plug in my toaster or my puter, then what is the point of having the plug at all? Basically, the kernel devs need to look at it like this. If I can't have a GUI on my puter, I can't "surf" the web. If I can't surf the web, what is the point of the puter or the kernel? Just like, what would be the point in me having a toaster if every company that produces wall plugs tells me I can't use the plug for toasters? I want a GUI. I also want my freaking toaster. :-) I think this is sort of the same point you are making by the way. ;-) Here's hoping they get this sorted out before I have to go buy a Mac or start using something besides a Linux kernel. :-@ Dale :-) :-)
