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Date:      Mon, 25 Mar 2002 14:07:44 +0300
From:      Hans Reiser <reiser@namesys.com>
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        hiten@uk.FreeBSD.org, Greg Lehey <grog@FreeBSD.org>, Chris Mason <mason@suse.com>, Josh MacDonald <jmacd@CS.Berkeley.EDU>, Parity Error <bootup@mail.ru>, freebsd-fs@FreeBSD.org, reiserfs-dev@namesys.com
Subject:   Re: [reiserfs-dev]i Re: metadata update durability ordering/softupdates
Message-ID:  <3C9F0500.4050206@namesys.com>
References:  <20020318174641.A1153@hpdi.ath.cx> <3C9676B4.49A76589@mindspring.com> <3C9E1DA4.1090703@namesys.com> <3C9E6E28.9D0B8778@mindspring.com>

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Terry Lambert wrote:

>Hans Reiser wrote:
>
>[ ... GPL'ed EXT2FS bits being available on the CDROM as source
>      code, but not compiled into a distributed FreeBSD kernel ... ]
>
>>I think you guys are violating the GPL on ext2fs (assuming you are
>>correct that the UCB 4 part license violates the GPL --- I haven't read
>>that license).
>>
>
>Well, feel free to bring a lawsuit.  In the U.S., the loser
>pays court costs, so be sure you can win before you start.
>
>In reality, a great many lawyers have examined "mere agregration"
>like this, and decided that it's not a problem, and the license
>specifically states that it doesn't apply, in the last paragraph
>of section 2 of the license:
>
>	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.
>
>I think this applies to the BeOS case, as well.
>
>-- Terry
>
>
You aren't merely aggregating, you are compiling together and using 
together, except of course that another poster says you don't really use 
ext2fs code at all, so this is a moot point.

Hans



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