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

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Date:	Wed, 20 Jun 2007 22:40:07 -0400
From:	Michael Poole <mdpoole@...ilus.org>
To:	davids@...master.com
Cc:	<linux-kernel@...r.kernel.org>
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

David Schwartz writes:

>> However, compilations (even to the extent they are creative
>> combinations) are not necessarily derivative works of their elements.
>> For more details, see
>> http://www.copyright.gov/circs/circ14.html#compilations
>
> Because compilation copyrights don't really affect the Tivo and GPLv2/GPLv3
> issue, I tend to ignore them when discussing that subject. If you think I'm
> wrong and there is some relationship between them, please let me know. I
> admit I may not have given that possibility enough thought.

I believe compilation copyrights do bear on GPL-licensed software, by
virtue of the GPL's sentence "[...] rather, the intent is to exercise
the right to control the distribution of derivative _or collective_
works based on the Program." (emphasis added).

There is a lot of grey and/or arguable area about what constitutes a
GPL-encumbered collective work versus mere aggregation.  Although I
disagree, I understand and respect that some believe that the kernel
plus a digital signature over it is "mere aggregation".  I would like
to focus the discussion on that question, though, rather than whether
the GPL is worded to control the rights to compilations-in-general
that include GPLed works.

Michael Poole
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