NH>> or X license... People seem to be forgetting that free software
NH>> was meant to free you from needing to consulting lawyers before
NH>> you can see/use some software's code...).

Huh. You wish. If you are not in GPL/GPL situation, you better go for
some MS-EULAs - at least after you paid them money, you probably would
know what happens out there and won't have to rely on 20 different
opinions from each and every person who touched the code :)

NH>> Indeed, if you give away (or sell) patches to whatever
NH>> copyrighted software (in this case, the Linux kernel), and the
NH>> patches only include your own code, 100% your code, I see no
NH>> reason how the license of the original program can effect your
NH>> ability to distribute those patches!

However some people think otherwise. Indeed, it would be too easy to make
_any_ derived work be in the form of patches, one way or another.

NH>> Compare this to someone selling a page of text, and saying "if
NH>> you insert this after page 17 of The Book of Whatever, then the
NH>> resulting book would be much funnier.". How can this be regarded
NH>> a copyright violation? As a more realistic example, consider

I ask myself that too. But you know, laws, contracts and common sense
don't always travel the same route...

NH>> someone giving away (or selling) patches that modify a
NH>> commercial computer game (add levels, add cheats, etc.). This
NH>> might be a violation of some crappy anti-reverse-engineering law
NH>> (DMCA?) but not a copyright violation in the traditional sense.

DMCA *is* based on copyright and copyright violation laws. That's what 'C'
means there. And yes, many game makers, if not all of them, would be not
too happy for you selling patches to their game without their consent.

NH>> There's one exception to what I just said, though, and I'm not sure if it
NH>> applies to the GPL (I think it doesn't). If when you, as the end user, got
NH>> the copyrighted work (kernel, book, etc.) agreed never to insert other
NH>> stuff (patches, pages, etc.) into it, then you'll need to abide by that
NH>> agreement.

Copyright law controls distribution, not usage, AFAIK. If I remember
right, the copyright laws got into usage domain when some smart*** lawyer
learned that when you run the program you create a memory copy of it, and
this can be called copying - ergo distribution. But I may be mistaken on
this.

NH>> any kind of patch you want, but never distributing the result).
NH>> If "private patching" is not forbidden, then someone can
NH>> distributed patches, users are allowed to apply the patches to
NH>> their own copy of the software, and there is no copyright
NH>> violation.

Again, seems like some people think otherwise. And again, it's too easy to
make any GPL-like license almost completely void - just disassemble the
program into GPL-core and non-GPL "patches" and make whatever tool that
finally assembles it at the destination.

-- 
[EMAIL PROTECTED]      \/  There shall be counsels taken
Stanislav Malyshev      /\  Stronger than Morgul-spells
phone +972-3-9316425    /\              JRRT LotR.
whois:!SM8333


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