Les Mikesell
2015-Apr-27 17:36 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
On Mon, Apr 27, 2015 at 12:10 PM, Joerg Schilling <Joerg.Schilling at fokus.fraunhofer.de> wrote:> > > If you combine ZFS and Linux, you create a permitted "collective work" and the > GPL cannot extend it's rules to the CDDLd separate and independend work ZFS of > course.Which countries' copyright laws would permit that explicitly even when some of the components' licenses prohibit it? -- Les Mikesell lesmikesell at gmail.com
Joerg Schilling
2015-Apr-27 18:02 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
Les Mikesell <lesmikesell at gmail.com> wrote:> On Mon, Apr 27, 2015 at 12:10 PM, Joerg Schilling > <Joerg.Schilling at fokus.fraunhofer.de> wrote: > > > > > If you combine ZFS and Linux, you create a permitted "collective work" and the > > GPL cannot extend it's rules to the CDDLd separate and independend work ZFS of > > course. > > Which countries' copyright laws would permit that explicitly even when > some of the components' licenses prohibit it?Fortunately, Europe and the USA declare the same parts of the GPL void, these parts would prevent such a combination. In the USA, the GPL is a legal construct called "license" for customer protection and a "license" is limited to only make claims that are listed in: US Copyright law title 17 paragraph 106 The GPL makes claims that are in conflict with the law because these claims are not amongst what the list in the law permits and that are thus void. The same parts of the GPL are void in the EU because they are writen in an ambiguous way. For customer protection, the rules for "general conditions" and these rules permit the customer to select the interpretation that is best for the customer in such a case. Both legal systems have the same results: They prevent the GPL from using it's own interpretation os what a derivative work is and the rules from the laws apply instead. These rules make many combinations a "collective work" that is permitted. The cdrtools and ZFS on Linux match these rules - well, I assume that the ZFS integration code follows the rules that are needed for a clean collective work. Cdrtools follow these rules: - No code from CDDL and GPL is mixed into a single file - Non-GPL code used in a colective work was implemented independently from the GPLd parts and form a separate work that may be used without the GPLd code as well. J?rg -- EMail:joerg at schily.net (home) J?rg Schilling D-13353 Berlin joerg.schilling at fokus.fraunhofer.de (work) Blog: http://schily.blogspot.com/ URL: http://cdrecord.org/private/ http://sourceforge.net/projects/schilytools/files/'
Les Mikesell
2015-Apr-27 18:46 UTC
[CentOS] Real sh? Or other efficient shell for non-interactive scripts
On Mon, Apr 27, 2015 at 1:02 PM, Joerg Schilling <Joerg.Schilling at fokus.fraunhofer.de> wrote:> > > The GPL makes claims that are in conflict with the law because these claims are > not amongst what the list in the law permits and that are thus void.The GPL is all that gives you permission to distribute. If it is void then you have no permission at all to distribute any covered code.> Both legal systems have the same results: They prevent the GPL from using it's > own interpretation os what a derivative work is and the rules from the laws > apply instead.So apply copyright law without a license. You can't distribute. I agree that the FSF interpretation about distributing source with the intention that the end user does the link with other components is pretty far off the wall, but static binaries are clearly one 'work as a whole' and dynamic linkage is kind of fuzzy. US juries are supposed to focus on intent and are pretty unpredictable - I wouldn't want to take a chance on what they might decide.> These rules make many combinations a "collective work" that is > permitted. The cdrtools and ZFS on Linux match these rules - well, I assume > that the ZFS integration code follows the rules that are needed for a clean > collective work.Can you point out a reference to case where this has been validated? That is, a case where the only licence to distribute a component of something is the GPL and distribution is permitted by a court ruling under terms where the GPL does not apply to the 'work as a whole'?> Cdrtools follow these rules: > > - No code from CDDL and GPL is mixed into a single fileHow is 'a file' relevant to the composition of the translated binary where the copyright clearly extends? And why do you have any rules if you think the GPL doesn't pose a problem with combining components? More to the point, why don't you eliminate any question about that problem with a dual license on the code you control?> - Non-GPL code used in a colective work was implemented independently > from the GPLd parts and form a separate work that may be used without > the GPLd code as well.How 'you' arrange them isn't the point. Or even any individual who builds something that isn't intended for redistribution. But for other people to consider them generally usable as components in redistributable projects there's not much reason to deal with the inability to combine with other widely used components. What's the point - and what do you have against the way perl handles it? -- Les Mikesell lesmikesell at gmail.com
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