Date: Tue, 12 Mar 2002 11:39:08 -0800 From: "IT3 Stuart Blake Tener, USNR-R" <stuart@bh90210.net> Message-id: <!~!UENERkVCMDkAAQACAAAAAAAAAAAAAAAAABgAAAAAAAAA6nohIbvp0RGXqACAx8VP1sKAAAAQAAAAtaHZrUOYz0aI3HL3EgsCFAEAAAAA@bh90210.net> Subject: RE: [suse-sparc] Will there be a SuSE 8.0 for Sparc?
Mr. Walker:
Let me respond to several things you mentioned. It should be
pointed out that a derivative work (under US law) is not defined by the
GPL, but is defined by the courts and legislation enacted. You may wish
to think that the GPL is this god like entity ruling the free software
world, but it is not, it is merely a licensing agreement. And no
licensing agreement can subvert legislative enactment or the rulings of
the courts (at least not in the US legal system). So a derivative work
is still defined by those entities.
Secondly I never said that running a non-GPL application on a
GPL OS made your binary GPL, you said that, not me.
Lastly "reaching" as you put it, is also known as case law. Case
law is what courts historically follow. Once a case has defined opinion
and it has been accepted as good law, then other courts will try to rule
with the same logic in mind. That is where this idea of derivative work
comes from not wishful thinking, not the spirit of the GPL, and not what
we think, but what has been done historically already in the courts.
It ought also be pointed out that I am not made sick by YAST, I
was only trying to say that I am willing to pay to purchase the SPARC
version of SuSE because they place the ISO images of the binaries and
source on the web (ftp) or have clearly allowed others to do it. This
IS in the spirit of the GPL, creating a FUD factor for other (not SuSE)
to distribute SuSE binaries with YAST inclusive thereto, in my view, is
not in the spirit of the GPL.
I am unwilling to support the I386 version of SuSE since they
work (as I have been told) to retard efforts of people to place bootable
binary ISOs of I386 version on even private ftp or websites with YAST
inclusive thereto. However, I do not make any effort to stop my clients
if they plan to use it. I was only referring to where the money I earn
goes.
I also was trying to resolve a problem with the Happy Meal
Ethernet driver, which everyone seems to say now, is a problem in the
kernel. So as soon as I figure out who to submit the bug to via email, I
will do so.
I did not mean to upset anyone, only to express my opinions with
regard to what I feel ought be considered or at least heard by others in
regard to how SuSE distributed I386 Linux.
Very Respectfully,
Stuart Blake Tener, IT3 (E-4), USNR-R, N3GWG
Beverly Hills, California
VTU 1904G (Volunteer Training Unit)
stuart@bh90210.net
west coast: (310)-358-0202 P.O. Box 16043, Beverly Hills, CA 90209-2043
east coast: (215)-338-6005 P.O. Box 45859, Philadelphia, PA 19149-5859
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JOIN THE US NAVY RESERVE, SERVE YOUR COUNTRY, AND BENEFIT FROM IT ALL.
Tuesday, March 12, 2002 10:43 AM
-----Original Message-----
From: Damond Walker [mailto:dwalker@syncreticsoft.com]
Sent: Tuesday, March 12, 2002 10:27 AM
To: suse-sparc@suse.com
Subject: Re: [suse-sparc] Will there be a SuSE 8.0 for Sparc?
----- Original Message -----
From: "IT3 Stuart Blake Tener, USNR-R" <stuart@bh90210.net>
[...snip...]
> I would please request that you tell me from where you get this
> information that source code must be duplicated to be a derivative
work?
> I am curious how much time you have studied this issue? I know that I
> have spent a fair amount of time researching in the past for a law
> student, so I am not speaking from a position absent references.
>
The GPL seems quite clear as to what it defines as a derivative.
Assuming
YAST hasn't been statically linked to any GPL'ed code then SuSE should
be
free to do whatever it would like with YAST -- that includes not
distributing sourcecode.
Running a non-GPL application on a GPL'ed OS does not make your binary
GPL.
That is the spirit of the GPL. Until it's *really* tested in court
(somewhere) we can't say for certain.....until that time I think you're
reaching.
And until that time, if YAST is making you this sick, I suggest moving
over
to Debian/SPARC and leaving the rest of us alone.
Damond
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