Date: Mon, 17 Dec 2001 18:32:42 -0600 From: GB Clark II <gclarkii@vsservices.com> To: swear@blarg.net (Gary W. Swearingen), Jonathan Lemon <jlemon@flugsvamp.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: <01121718324202.65128@prime.vsservices.com> In-Reply-To: <5dpu5d1j1y.u5d@localhost.localdomain> References: <local.mail.freebsd-chat/3C186381.6AB07090@yahoo.com> <20011217160411.G377@prism.flugsvamp.com> <5dpu5d1j1y.u5d@localhost.localdomain>
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On Monday 17 December 2001 18:14, Gary W. Swearingen wrote:
>
> Note the "a work containing the Program or a portioin of it" part.
> (There's no need to argue about the interpretation of the word "based"
> as you propose.) Why is a Red Hat (or FreeBSD) software compilation on
> CD not a "work based on the [GPL'd] Program"? (It is also a collective
> work, since it contains publisher-owned work, and is definitely worthy
> of copyrights.) And like I said, you then have to the GPL to try to
> learn if it allows distribution as part of such a work without infecting
> the other work. That's debatable and reliance on any conclusion is
> legally risky. Acceptably so in the case of things like gcc and binutils
> where the owners have made us feel comfortable that they will continue
> to allow such use regardless of the GPL. Also acceptably so for much
> other software because of the common (mis?)understanding of the GPL
> which holds certain uses (like in collective works) non-viral so that
> the risk of being sued is small.
Also from the GPL:
"In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License."
Just being on a CD with other stuff does not put the entire CD under the GPL.
Every GPL program in the main system (gcc, binutils, etc) we ship with source
or make the source easily available for our modified version. The only
things that are not stand alone are kernel modules and we include NONE of them
in the stock kernel as a binary.
All of this has hashed years ago back at the very begining of the Project.
GB
--
GB Clark II | Roaming FreeBSD Admin
gclarkii@VSServices.COM | General Geek
CTHULU for President - Why choose the lesser of two evils?
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