Fedora Freedom and linux-libre
Alexandre Oliva
aoliva at redhat.com
Thu Jun 19 20:07:26 UTC 2008
On Jun 18, 2008, Les Mikesell <lesmikesell at gmail.com> wrote:
> Alexandre Oliva wrote:
>>
>>> The question is, does taking some code and an opaque binary blob and
>>> sticking them in the same file make a 'work as a whole' or is it
>>> identifiable sections of code and separate data that are not derived
>>> from the Program?
>> This only matters if you distribute them as separate works. When you
>> distribute them as a whole, you don't get the exception.
> Separate sections.
Yep.
this License, and its terms, do not apply to those sections *when*
you distribute them as *separate* works. But *when* you distribute
the same sections as *part* of a *whole* which is a work based on
the Program, the distribution of the *whole* *must* be on the terms
of this License (emphasis mine)
You can't just disregard the parts you don't like.
>> Read again, very carefully, the sentence you quoted. Especially the
>> "when you distribute them as separate works" part.
> Note that it doesn't say anything about files there.
Exactly. It talks about distributing them as separate works (not as
separate sections, as you seem to read it), or as a whole work.
Say, is the microcode_ctl package a copyrightable work?
How about linux-2.6.25.tar.bz2?
How about bzImage?
>>> Would the code continue to work if you replace those bits with
>>> something else that would work in the hardware it loads?
>> Whether it works or not is not relevant to tell whether it's derived.
> How else could you tell if the parts are related or not, unless you
> were part of the creative process.
It's trivial to tell there was a creative process in that expression,
and that's enough to establish copyrightability.
>>> But why not stick to the CPU microcode example?
>> Because you got the facts wrong. It's not distributed even close to
>> the kernel.
> Does 'close' have something to do with whether it is a separate
> section or not? Isn't it in the same vmlinuz imaage somewhere?
No. You got your facts completely wrong. The CPU microcode you're
talking about is in the package microcode_ctl. It's a separate rpm.
Totally unrelated with the kernel rpm.
--
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
Free Software Evangelist oliva@{lsd.ic.unicamp.br, gnu.org}
FSFLA Board Member ¡Sé Libre! => http://www.fsfla.org/
Red Hat Compiler Engineer aoliva@{redhat.com, gcc.gnu.org}
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