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Date:      20 Dec 2001 16:45:12 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        Terry Lambert <tlambert2@mindspring.com>
Cc:        chat@FreeBSD.ORG
Subject:   Re: GPL nonsense: time to stop
Message-ID:  <hp1yhpwgdj.yhp@localhost.localdomain>
In-Reply-To: <3C1FA272.D9679E44@mindspring.com>
References:  <20011218121011.E21649@monorchid.lemis.com> <4hzo4hyv3c.o4h@localhost.localdomain> <4.3.2.7.2.20011217221801.02841bc0@localhost> <4.3.2.7.2.20011218102351.02841f00@localhost> <4.3.2.7.2.20011218124204.02812700@localhost> <3C1FA272.D9679E44@mindspring.com>

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Terry Lambert <tlambert2@mindspring.com> writes:

> Actually, no it is not.  It is in an FS directory or index file entry,
> and an index of this sort is subject to compilation copyright only.

I think there's no practical differance between a compilation copyright
and a derivative one, except to the extent that the GPL licensor will
consider it to pass the "mere aggregation" clause.  Is that what you 
refer to?  Or do you mean that it is a compilation which is not creative
enough to be considered a work of authorship deserving of copyrights.

> I think the worst you could argue is that a product based on a
> requirement for the GPL'ed driver/module in order to function
> would either not be legally redistributable and/or would not be
> legally licensed.
> 
> The way around that for something like a set top box, of course,
> would be to simply license the use of the box, rather than
> selling it or the code.

You're still copying or distributing it.  AFAIK, nothing else matters.

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