RE: non-free firmware in kernel modules, aggregation and unclear copyright notice.
From: David Schwartz
Date: Mon Apr 11 2005 - 14:33:55 EST
> > You could do that be means of a contract, but I don't think you could
> > it do by means of a copyright license. The problem is that there is
> > no right to control the distribution of derivative works for you to
> > withhold from me.
> Wrong, sorry. Copyright is a *monopoly* on some activities (copy,
> distribution of copies, making *and* distribution of derivative works).
Perhaps you could cite the law that restricts to the copyright holder the
right to restrict the distribution of derivative works. I can cite the laws
that restrict all those other things and clearly *don't* mention
distribution of derivative works.
[from another post]
>Copyright law only _explicitly_ grants a monopoly on preparation of
>derivative works. However, it is trivial, and overwhelmingly common,
>for a copyright owner to grant a license to create a derivative work
>that is conditional on how the licensee agrees to distribute (or not
>distribute) the derivative work.
This would, of course, only make sense if you *had* to agree to the license
to *create* the derivative work. If you were able to create the derivative
work under first sale or fair use rights, then the restrictions in the
contract would not apply to you.
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