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Re: Fedora Freedom and linux-libre



On Sat, 2008-06-14 at 19:54 -0500, Les Mikesell wrote:
> Alexandre Oliva wrote:
> > There are various possibilities here, let me summarize the ones that
> > occur to me, in no particular order:
> > 
> > a. one work is a derivative from the other, and they are distributed
> >    together
> > 
> > b. one work is a derivative from the other, and they are distributed
> >    separately
> > 
> > c. two unrelated works are distributed separately
> > 
> > d. two works are combined into a single coherent work, undoubtedly a
> >    derivative from both, regardless of whether the two works were
> >    originally related, and then the derivative work is distributed
> > 
> > e. two unrelated works are distributed together by mere aggregation in
> >    a single volume of storage or distribution medium
> > 
> > If I understood your argument correctly, you appear to be proposing
> > that, because cases such as (a-c) exist, the case at hand can't be
> > (d), so it must be (e).  I don't see how this conclusion can follow
> > from the premises.  Please clue me in?
> 
> I'm proposing that in this scenario, if d is true, b would also be true 
> if they weren't combined, so the transient combination for distribution 
> is irrelevant.  And if b wouldn't be true, then you are left with e.

But (b) is permitted, while (d) is explicitly not permitted. You can't
just say "oh, but if I wasn't doing (d) then I'd be doing (b), so that's
OK".

Let's consider (b) as 'you are carrying a knife' and (d) as 'you are
stabbing me with your knife'. And your excuse as...

"But officer, if (d) is true, then (b) would also be true if I weren't
stabbing him. So the transient combination of the knife and his abdomen
is irrelevant."

The 'transient combination' is _far_ from being irrelevant. That
combination for distribution is very thing that is not permitted.

You do not have permission to distribute the GPL'd Program under the
conditions described in (d), although you _do_ of course have permission
to distribute it under the conditions described in (b).

That's the whole point in the bit in the GPL which goes "...this
License, and its terms, do not apply to those sections when you
distribute them as separate works. But when you distribute those same
sections as part of a while which a work based on the Program, the
distribution of the whole must be on the terms of this License..."

-- 
dwmw2


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