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Date:      14 Dec 2001 12:36:55 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        chat@FreeBSD.org
Subject:   Re: IBM's intentions with JFS (was: IBM suing (was: RMS Suing was   [SUGGESTION] - JFS for FreeBSD))
Message-ID:  <c58zc5a68o.zc5@localhost.localdomain>
In-Reply-To: <3C19D716.3FC77047@mindspring.com>
References:  <3C186EA5.4EA87656@mindspring.com> <20011213093555.76629.qmail@web21107.mail.yahoo.com> <3C186381.6AB07090@yahoo.com> <3C1875D6.5DE4F996@mindspring.com> <1id71idej9.71i@localhost.localdomain> <3C1875D6.5DE4F996@mindspring.com> <20011213051012.Y56723-100000@turtle.looksharp.net> <3C186381.6AB07090@yahoo.com> <3C1875D6.5DE4F996@mindspring.com> <3C186381.6AB07090@yahoo.com> <20011214122837.O3448@monorchid.lemis.com> <3C19807D.C441F084@mindspring.com> <5ipu5i9u0w.u5i@localhost.localdomain> <3C19D716.3FC77047@mindspring.com>

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Terry Lambert <tlambert2@mindspring.com> writes:

> "Gary W. Swearingen" wrote:
> > 
> > Be careful there....
> 
> You seem to be claiming that an aggregation license of the GPL on the
> works as a collection would satisfy the clause; however, at the end of
> clause 2 of the GPL, it says:
...

If I understood your argument there, that's a different issue which I
wasn't addressing there.  You seemed to be saying in the prior message
that the combination of BSD-licensed code with GPL-licensed code in a
derivative whould cause the BSD-licensed code to become contaminated and
come under the GPL and thus the two are incompatible.  I was just trying
to say that BSD-licensed code is always BSD-licensed code, even if a
derivative in which it appears is GPL-licensed (or even closed-source-
licensed) and the two licenses are not incompatible.

As for what a derivative is and what 17 USC means by "based upon" and
whether distribution of a FreeBSD kernel capable of loading a GPL kernel
module makes the kernel a derivative of the module, all are issues I'd
rather leave for another day.

> Forgive me if I don't want to be the test case for your legal theory,
> particularly when it disagrees with those of the highly paid IBM
> lawyers who did the 6 month due dilligence on the Whistle acquisition.

I guess you're tiring of this and prefer to just make reference to
higher authority, but that's better than nothing.  I've saved the
reference in case I ever find it important enough to research.

Thanks.

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