MESSAGE
| DATE | 2006-05-23 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [rick@linuxmafia.com: Re: [Balug-talk] [Fwd: Re: [NYLXS - HANGOUT] Its a sorry day for The?Linux?Journal]]
|
X-UID: 18363
Matt kindly forwarded a post from Richard Stallman:
> Torvalds has interpreted the requirements in a narrow way which I
> think is erroneous. The FSF believes that any module designed
> specifically to be linked with Linux falls under the license of Linux.
> Therefore, if the module is non-free, it violates the GPL.
I am not an attorney, and so cannot (and should not) advise people on
specific legal situations. However, I have made a particular study of
copyright law, and it is my clear understanding that the reach of
copyright-based licensing hinges (in the USA and similar legal systems)
on what is and is not a derivative work. That, in turn, hinges on
either the presence or absence of literal (and substantive) copying of
expressive elements from a copyright-covered work, or on the presence of
_non-literal_ copying that contravenes the "abstratction, filtration,
comparison" test established by Computer Associates v. Altai, and later
elaborated in Gates Rubber v. Bando Chemical .
This "designed to be linked" notion I have found in no copyright case or
statute whatsoever, and I know of no reason to think it true.
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