Bug#383403: Vicam driver appears to contain misappropriated code

2006-09-25 Thread Michael Poole
S. Copyright Act calls a "useful article".) Why do you say it is non-distributable in the first place? Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-04 Thread Michael Poole
the previous (lengthy and multiple) discussions about this topic. Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
William Lee Irwin III writes: > I'm getting a different story from every single person I talk to, so > something resembling an authoritative answer would be very helpful. For Debian's purposes, I believe that Joe's summary is correct: DFSG requires that anything without source be removed. As far

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-18 Thread Michael Poole
Brian Thomas Sniffen writes: > Humberto Massa <[EMAIL PROTECTED]> writes: > >> No, Raul. The law. USC17, BR copyright law, and probably every >> copyright law following the Geneva convention *does* such a >> distinction. BR copyright law specifically separates the rights of >> derivative works fro

Re: How long is it acceptable to leave *undistributable* files in

2004-06-17 Thread Michael Poole
Joe Moore writes: > Michael Poole wrote: >> See also http://www.copyright.gov/circs/circ14.html, which remarks both >> that the whole of the derivative work must represent an original work >> of authorship, rather than an arrangement of distinct works, and that >> mec

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Raul Miller writes: > Ok, this is good -- I did not know that. > > However -- by this definition, the linux kernel is very definitely a > derivative work, and the firmware is content which has been incorporated > into the kernel. > > According to what you just cited, the concept of a collective wo

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Raul Miller writes: > On Thu, Jun 17, 2004 at 03:46:14PM -0300, Humberto Massa wrote: >> But there is. You see, in Law, when you enumerate things, you are >> separating things. (dichotomy = two separated in Greek) > > I'm writing in english, not greek. > > If you think there is some legally relev

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Joe Wreschnig writes: > I was using a minimal test case as an example here, but fine; consider a > program that does many nontrivial things, one of which is printing such > a string. For example it might print the source, count the number of > times an identifier is used, count the number of lines

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-17 Thread Michael Poole
Andrew Suffield writes: > On Wed, Jun 16, 2004 at 10:36:11PM -0400, Michael Poole wrote: > >> Incompetence (or laziness) on the part of the plaintiff is a perfectly >> adequate reason to invoke either of those defenses. Until you cite >> specific case law, I will disbelie

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Raul Miller writes: >> The deception is calling it "great lengths." When I said the GPL >> "deals with collective works in just two paragraphs" you focused on >> the one where they are mentioned by name and entirely ignored the >> other (because you don't like what it says?). > > You seem to be i

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Joe Wreschnig writes: > Step by step, tell me where you start to disagree: > > If I write a program that contains the entire ls source code as one > large C string, and then prints it out, that is a derivative work of the > ls source. I disagree here. Why do you claim that is derivative work? N

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Raul Miller writes: > On Wed, Jun 16, 2004 at 09:11:32PM -0400, Michael Poole wrote: >> I think you are confusing language. When the GPL talks about the >> Program, it refers to "any program or other work" licensed under the >> GPL; see section 0. It deals

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Andrew Suffield writes: >> Estoppel would bar a claim if the plaintiff first >> contributed code to a kernel that already had binary blob components. >> A merely decent lawyer may be able to invoke laches depending on how >> long an author was silent after the first binary blob was added to the >>

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Raul Miller writes: > It's a compilation work. > > [Some people might think that "compilation" and "aggregation" are the > same thing -- but the GPL goes to great lengths to specify that it does > apply where the compilation is a program and not where the compilation > is not a program.] I think

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Joe Wreschnig writes: > On Wed, 2004-06-16 at 17:18, Michael Poole wrote: >> A little Google shows that Yggdrasil has made such an argument: >> http://lists.debian.org/debian-legal/2001/04/msg00130.html >> >> Unfortunately for Mr. Richter, Linux does not seem to conta

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
[EMAIL PROTECTED] writes: > On Wed, Jun 16, 2004 at 03:21:38PM -0500, Joe Wreschnig wrote: > > [firmware as mere aggregation] >> Kernel copyright holders think otherwise, as do many other people. > > Out of curiosity, could you please show an email from such copyright > holder (with some referen

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
Andrew Suffield writes: > The compiled kernel is almost certainly a derivative of the firmware > included in it. A good lawyer might be able to get you out of > this. Debian can *not* afford to assume that it would win such a case, > not least because of a lack of funding for good lawyers. Anyone

Re: How long is it acceptable to leave *undistributable* files in the kernel package?

2004-06-16 Thread Michael Poole
;t, it is merely a collection of >> works. > > Don't be absurd. Any resulting binary is obviously derived from both. Why is that obvious? I have a binary on my bookshelf that is a combination of works with conflicting licenses. Is it a work derived from all of them, or is it just an unofficial Debian CD install? Michael Poole