Re: How long is it acceptable to leave undistributable files in the kernel package? (original) (raw)

Michael Poole wrote:

Alexander Cherepanov writes:

Look, it explicitly mentions "a work containing the Program". The language is probably not ideal but it's crystal clear that "work based on the Program" is intended to mean any work containing some part of the original work, be it a derived work, a compilation, or just a non-creative transformation. Even "the Program" itself is included in the definition of a "work based on the Program".

Yes, and again, the GPL exempts "mere aggregation" -- whatever that means. Otherwise, a Debian CD image would violate the GPL because it is a work containing the Program, and parts of it would be under GPL-incompatible (but DFSG-free) licenses.

Mere aggregation only applies to independent works, and only when they are distributed "on a volume of a storage or distribution medium". Separate, non-interdependent programs on Debian CDs fit both criteria. Firmware images embedded in kernel drivers fit neither.

Some people disagree with Linus that inclusion as a binary blob is mere aggregation. However, five years passed between the first binary blob that I know of and the first complaint that I know of (setting aside the other issues with that complaint); that suggests that a fair number of kernel developers agree with Linus or at least accept his opinion on it.

Or they were simply unaware of the presence of binary-only firmware in what was supposedly an entirely Free, GPLed kernel.

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