Re: Linksys/Cisco GPL Violations

[Andre Hedrick <andre@linux-ide.org>]

David,

Your assumption is based solely on the "COLLECTIVE" issue.

Where as the application of "COMBINED" or "CONCATINATION" is not addressed
or suggested.  Suggested or implied do not cut the legal points.

The issue of "distribution" has no clear definition.

Same media?
Same box?
Same ftp site?
Same crate?
Same delivery truck?
Same warehouse?

Simple presence does not make it "distribution", in part or whole.

If you were just quoting, I would not have an issue.
I have issue of your applied meanings, which are direct result of IMHO.
The fastest way to shut me up, other than DM killfiling me to the list, is
to present a legal opinion/brief from an attorney who will back the
position.

Cheers,

Andre Hedrick
LAD Storage Consulting Group

On Sat, 11 Oct 2003, David Woodhouse wrote:

> On Fri, 2003-10-10 at 22:37 -0700, Andre Hedrick wrote:
> > David,
> > 
> > If you still have not paid and gotten legal advise on the position, you 
> > are still talking out of your ARSE. Clearly you have horses and wishes
> > confused on what GPL is and is not.
> 
> > If there is not boundary for modules then SCO will eat Linux alive in
> > court.  You can't have it both ways.
> 
> Andre, while I thank you for your well-written and coherent statement in
> opposition to my own position, I'm sure you'll agree that it doesn't
> matter what orifice I use if I stick to merely quoting...
> 
>         These requirements apply to the modified work as a whole. 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. 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,
>         whose permissions for other licensees extend to the entire
>         whole, and thus to each and every part regardless of who wrote
>         it.
>         
>         Thus, it is not the intent of this section to claim rights or
>         contest your rights to work written entirely by you; rather, the
>         intent is to exercise the right to control the distribution of
>         derivative OR COLLECTIVE works based on the Program.
>         
> 
> -- 
> dwmw2
> 
>