Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

[Anthony DeRobertis <anthony@derobert.net>]

Glenn Maynard wrote:

> I've heard the claim, several times, that that creating a derivative
> work requires creative input, that linking stuff together with "ld" is
> completely uncreative, therefore no derivative work is created.  (I'm
> not sure if you're making (here or elsewhere) that claim, but it seems
> like it.)  What's the basis for this claim?  (If you're not making it,
> anybody that does believe this is free to respond.)


It's based on Title 17 USC, Sec. 101, where "derivative work" is defined:

A “derivative work” is a work based upon one or more preexisting works,
such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which a
work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other modifications
which, as a whole, represent an ORIGINAL WORK OF AUTHORSHIP, is a
“derivative work”. (emphasis added)

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