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

2004-06-17 Thread Thiemo Seufer
Joe Moore wrote: > 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 > > mechanical (non-creative, ergo

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

2004-06-17 Thread Josh Triplett
Joe Moore wrote: > 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 >>mechanical (non-creative, ergo non-copy

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 >> mechanical (non-creative, ergo no

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

2004-06-17 Thread Joe Moore
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 > mechanical (non-creative, ergo non-copyrightable) transfor

Re: How aggressively should non-distributability bugs be dealt with?

2004-06-17 Thread Josh Triplett
Francesco Poli wrote: > On Wed, 16 Jun 2004 16:22:06 -0700 Josh Triplett wrote: >>Francesco Poli wrote: >>>IMHO the best solution would be to contact the firmware copyright >>>holder and persuade her to rilicense it under a GPL-compatible >>>license (so that every doubt would go away immediately).

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

2004-06-17 Thread Francesco Poli
On Thu, 17 Jun 2004 09:37:09 -0400 [EMAIL PROTECTED] wrote: > > I suspect that few people think a GPL'd installer of Microsoft Word > > would be compliant with the GPL. That's a reasonable analogy, > > right? A hardcoded string, copied to some device which runs it, and > > maybe with some additio

Re: How aggressively should non-distributability bugs be dealt with?

2004-06-17 Thread Francesco Poli
On Wed, 16 Jun 2004 16:22:06 -0700 Josh Triplett wrote: > Francesco Poli wrote: > > IMHO the best solution would be to contact the firmware copyright > > holder and persuade her to rilicense it under a GPL-compatible > > license (so that every doubt would go away immediately). > > This would not

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

2004-06-17 Thread Raul Miller
On Thu, Jun 17, 2004 at 06:05:06PM -0400, Michael Poole wrote: > The kernel (I assume as a whole) is a derivative work of what? Earlier versions of the kernel. -- Raul

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 Josh Triplett
Matthew Wilcox wrote: > You speak as if this has no negative effects. In fact, it does. > By removing, let's say, the tg3 driver, you make Debian unusable for a > large percentage of users. Those users turn to other distributions who, Usefulness is not an excuse for distributing non-free sofware

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

2004-06-17 Thread Raul Miller
> > If you think there is some legally relevant document which means that a ... > > work of an earlier edition), please cite that specific document. On Thu, Jun 17, 2004 at 04:41:42PM -0400, Michael Poole wrote: > http://digital-law-online.info/lpdi1.0/treatise6.html discusses the > differences be

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

2004-06-17 Thread Joe Wreschnig
On Thu, 2004-06-17 at 14:54, Matthew Wilcox wrote: > On Thu, Jun 17, 2004 at 06:03:16PM +, Jim Marhaus wrote: > > Traditionally people have erred on the side of caution in interpreting free > > licenses, following the wishes of the copyright holder and looking to the > > license's author for gu

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 Raul Miller
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 relevant document which means that a

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

2004-06-17 Thread Matthew Wilcox
On Thu, Jun 17, 2004 at 06:03:16PM +, Jim Marhaus wrote: > Traditionally people have erred on the side of caution in interpreting free > licenses, following the wishes of the copyright holder and looking to the > license's author for guidance. In this case the FSF indicates the binary > firmwar

Re: gens License Check - Non-free

2004-06-17 Thread Anthony DeRobertis
On Tue, Jun 15, 2004 at 08:35:23PM -0400, Brian Thomas Sniffen wrote: > Anthony DeRobertis <[EMAIL PROTECTED]> writes: > > > On Jun 14, 2004, at 22:25, Brian Thomas Sniffen wrote: > >> > >> I'm not sure I buy the argument that WinFoo is a derivative work of > >> Windows. Surely WinFoo, shipped wi

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 15:30 : wrote Raul Miller : False dichotomy. There's nothing preventing a collective work from being a derivative work. On Thu, Jun 17, 2004 at 03:24:23PM -0300, Humberto Massa wrote: No, Raul. The law. USC17, BR copyright law, and probably every copyright la

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 15:14 : wrote Raul Miller : On Thu, Jun 17, 2004 at 12:24:29PM -0300, Humberto Massa wrote: No way. The clause #0 of the GPL is crystal clear: << a "work based on the Program" means either the Program or any derivative work under copyright law >> DERIVATIVE. Under copyright law.

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 01:06 : wrote 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 lik

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

2004-06-17 Thread Raul Miller
> >False dichotomy. > > > >There's nothing preventing a collective work from being a > >derivative work. On Thu, Jun 17, 2004 at 03:24:23PM -0300, Humberto Massa wrote: > No, Raul. The law. USC17, BR copyright law, and probably every copyright > law following the Geneva convention *does* such a d

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

2004-06-17 Thread Raul Miller
On Thu, Jun 17, 2004 at 12:24:29PM -0300, Humberto Massa wrote: > No way. The clause #0 of the GPL is crystal clear: << a "work based on > the Program" means either the Program or any derivative work under > copyright law >> DERIVATIVE. Under copyright law. > > _Not_ collective/compilation/antholo

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 14:12 : wrote Andrew Suffield : > to use GPL"), the very last paragraph of [1]: > > QUOTE > > This General Public License does not permit incorporating your > program into proprietary programs. If your program is a subroutine > library, you may consider it more useful to permit link

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

2004-06-17 Thread Jim Marhaus
Michael wrote: > Several (a plurality, if not majority) of US federal court districts > use the Abstraction, Filtration and Comparison test to determine > whether one computer program infringes on another's copyright -- [snip] Traditionally people have erred on the side of caution in interpreti

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

2004-06-17 Thread Raul Miller
> 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?). > > > >

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

2004-06-17 Thread Josh Triplett
Michael Poole wrote: > I expect that if a contributor has an uncommon interpretation of the > license requirements, he should check. I think that expecting all GPL code to come with full source under the terms of the GPL is not an uncommon interpretation, and neither is expecting all code linked i

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

2004-06-17 Thread Andrew Suffield
On Thu, Jun 17, 2004 at 10:44:37AM -0300, Humberto Massa wrote: > @ 16/06/2004 17:56 : wrote Andrew Suffield : > > > On Wed, Jun 16, 2004 at 04:22:34PM -0300, Humberto Massa wrote: > > > >> One can argue that the GPL linking clause (linking with this library > >> a derivative work makes) > > > > >

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 12:26 : wrote Thiemo Seufer : >Humberto Massa wrote: [snip] > It's a compilation work. >>> >>>Fine. The copyright for the compilation lies by the one who did the >>>compilation. This is Linus Torvalds, I guess. >>> >>>Thiemo >> >>not here in BR. Or at least not in the way you _se

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

2004-06-17 Thread Humberto Massa
@ 16/06/2004 20:48 : wrote Thiemo Seufer : >Joe Wreschnig wrote: [snip] > >>When you compile a kernel, the firmware is included in it. When you >>distribute that compiled binary, you're distributing a work derived >>from the kernel and the firmware. This is not a claim that the >>firmware is a de

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 00:43 : wrote Raul Miller : >>>However, this sentence makes clear that "works based on the Program" >>>is meant to include both derivative works based on the Program and >>>collective works based on the Program. > > >On Wed, Jun 16, 2004 at 11:12:37PM -0400, Michael Poole wrote: > >>

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

2004-06-17 Thread Thiemo Seufer
Humberto Massa wrote: [snip] > >> It's a compilation work. > > > > Fine. The copyright for the compilation lies by the one who did the > > compilation. This is Linus Torvalds, I guess. > > > > Thiemo > > not here in BR. Or at least not in the way you _seem_ to be implying. I referred only to the

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

2004-06-17 Thread Humberto Massa
@ 17/06/2004 11:07 : wrote Thiemo Seufer : Raul Miller wrote: > It's a compilation work. Fine. The copyright for the compilation lies by the one who did the compilation. This is Linus Torvalds, I guess. Thiemo not here in BR. Or at least not in the way you _seem_ to be implying. Let's

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

2004-06-17 Thread Thiemo Seufer
Joe Wreschnig wrote: [snip] > > Could you please explain how exactly the derivation works in this case? > > And please bring forward some more convincing arguments than "this is > > nonsense", "this is obvious", or some broken analogy. > > Step by step, tell me where you start to disagree: > > If

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

2004-06-17 Thread Thiemo Seufer
Raul Miller wrote: > > Joe Wreschnig wrote: > > > For someone to claim that data compiled into a program but not executed > > > is "mere aggregation" is nonsense. Is a program that prints the source > > > code to GNU ls (stored as a string constant in the program, not an > > > external file) a deri

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

2004-06-17 Thread Humberto Massa
@ 16/06/2004 17:56 : wrote Andrew Suffield : > On Wed, Jun 16, 2004 at 04:22:34PM -0300, Humberto Massa wrote: > >> One can argue that the GPL linking clause (linking with this library >> a derivative work makes) > > > There is no point discussing this issue with you until you comprehend > the GP

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

2004-06-17 Thread mdpoole
Brian Thomas Sniffen <[EMAIL PROTECTED]> writes: > Michael Poole <[EMAIL PROTECTED]> writes: > >> I expect that if a contributor has an uncommon interpretation of the >> license requirements, he should check. > > I suspect that few people think a GPL'd installer of Microsoft Word > would be compli

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

2004-06-17 Thread Brian Thomas Sniffen
Michael Poole <[EMAIL PROTECTED]> writes: > I expect that if a contributor has an uncommon interpretation of the > license requirements, he should check. I suspect that few people think a GPL'd installer of Microsoft Word would be compliant with the GPL. That's a reasonable analogy, right? A har

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

2004-06-17 Thread Michael Poole
Frank Küster writes: > Michael Poole <[EMAIL PROTECTED]> wrote: > >>> [firmware as mere aggregation] Kernel copyright holders think otherwise, as do many other people. > [...] >> A little Google shows that Yggdrasil has made such an argument: >> http://lists.debian.org/debian-legal/2001/04/ms

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 Brian Thomas Sniffen
Michael Poole <[EMAIL PROTECTED]> writes: > 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 contain any > copyright notices attributable to him or Yggdrasil before

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

2004-06-17 Thread Andreas Barth
* Joe Wreschnig ([EMAIL PROTECTED]) [040616 22:25]: > Kernel copyright holders think otherwise, as do many other people. There is a company that claims that itself is the copyright holder of some Unix sources, and that thinks that use of that concepts is a breach of copyright. Should we accept tha

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

2004-06-17 Thread Frank Küster
Michael Poole <[EMAIL PROTECTED]> wrote: >> [firmware as mere aggregation] >>> Kernel copyright holders think otherwise, as do many other people. [...] > A little Google shows that Yggdrasil has made such an argument: > http://lists.debian.org/debian-legal/2001/04/msg00130.html > > Unfortunately f