On Sun, 2008-06-08 at 17:29 -0500, Les Mikesell wrote: > Do you mean the part about identifiable sections that are not derived > from the program and can be reasonably considered independent and > separate works? That would seem the only possible interpretation for > firmware blobs. Exactly that part, yes. Where it says that the GPL applies to them anyway. Specifically, the bit where where it says that the GPL (obviously) doesn't "apply to those sections when you distribute them as separate works. But when you distribute those _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, whose permissions to other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it." I agree with you that that seems to be the only possible interpretation for firmware blobs. And when we take them and include them in the bzImage and distribute that, the only possible interpretation is that they are 'part of a whole which is a work based on the Program'. You do get an exception for 'mere aggregation on a volume of a storage or distribution medium', which covers stuff like shareware/freeware CDs on the covers of magazines -- so unrelated stuff which happens to be shipped together in _that_ form doesn't get infected by the GPL. But it's extremely hard to argue that combining non-GPL'd firmware into the kernel image is 'mere aggregation on a volume of a storage or distribution medium'. I know some people like to conveniently abbreviate that to 'mere aggregation' -- since "mere" doesn't really mean much, so then they like to claim it actually excuses _all_ forms of aggregation, effectively cancelling out the previous two paragraphs of the GPL in their entirety. I don't find that interpretation particularly realistic, though -- although nobody is right or wrong about it until/unless a court rules on it, of course. To claim that there is no _legal_ basis for such a restriction is also incorrect. Nothing but the GPL gives you the right to distribute the Linux kernel. If the GPL has conditions with which you fail to comply, then you may not distribute the Linux kernel. -- dwmw2 -- fedora-devel-list mailing list fedora-devel-list@xxxxxxxxxx https://www.redhat.com/mailman/listinfo/fedora-devel-list
