linux-kernel - Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

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Date:	Fri, 15 Jun 2007 13:36:34 +0100
From:	David Woodhouse <dwmw2@...radead.org>
To:	Ingo Molnar <mingo@...e.hu>
Cc:	Daniel Hazelton <dhazelton@...er.net>,
	Alan Cox <alan@...rguk.ukuu.org.uk>,
	Alexandre Oliva <aoliva@...hat.com>,
	Linus Torvalds <torvalds@...ux-foundation.org>,
	Greg KH <greg@...ah.com>,
	debian developer <debiandev@...il.com>, david@...g.hm,
	Tarkan Erimer <tarkan@...one.net.tr>,
	linux-kernel@...r.kernel.org,
	Andrew Morton <akpm@...ux-foundation.org>
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

On Fri, 2007-06-15 at 14:29 +0200, Ingo Molnar wrote:
> the argument is quite strong that the linking of two independent works 
> is "mere aggregation" as well. (as long as they are truly separate 
> works) 

You think so?

If even linking was considered 'mere aggregation on a volume of a
storage or distribution medium', then when would the 'But when you
distribute those same sections as part of a whole...' bit _ever_ apply?
It _explicitly_ talks of sections which are independent and separate
works in their own right, but which must be licensed under the GPL when
they're distributed as part of a larger whole.

I don't see how we could hold the view that _even_ linking is 'mere
aggregation on a volume of a storage or distribution medium', without
conveniently either ignoring entire paragraphs of the GPL or declaring
them to be entirely meaningless.

Of course, that doesn't mean that a court _wouldn't_ do that. Given
enough money, I'm sure you could get US court to declare that the world
is flat. But it doesn't seem to be a reasonable viewpoint, to me. Or a
likely outcome.

-- 
dwmw2

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