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Re: Plan for tomorrows (20080522) FESCO meeting

On Thu, 2008-05-22 at 14:48 -0400, Alan Cox wrote:
> On Thu, May 22, 2008 at 06:48:14PM +0100, David Woodhouse wrote:
> > > is a separate work. Like your BIOS for example.
> > 
> > Being a separate work doesn't save it from the requirements of the GPL.
> > 
> > The GPL clearly states that under some circumstances it _does_ extend to
> > sections which are independent and separate works in themselves.
> > 	If identifiable sections of that work are not derived from the
> > 	Program, and can be reasonably considered independent and
> > 	separate works in themselves, then this License, and its terms,
> > 	do not apply to those sections when you distribute them as
> > 	separate works. 
> > 
> > (OK, that's the firmware).
> No it isn't. See "mere aggregation" 

That's a very optimistic interpretation of 'mere aggregation', given
that the licence is very clearly stating that it applies not only to
derivative works but also to collective works.

Firmware and driver work together and form a coherent whole; neither is
particularly useful without the other. This isn't "mere aggregation" in
the sense of freeware software CDs which would bundle unrelated programs
on the cover of a magazine. It's more than that -- it _is_ a collective

But of course, until/unless it's tested in court, neither of us is right
or wrong.


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