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

Humberto Massa
2005-04-12T11:47:33Z

David Schwartz wrote:

> This would, of course, only make sense if you *had* to agree to the
> license to *create* the derivative work. If you were able to create
> the derivative work under first sale or fair use rights, then the
> restrictions in the contract would not apply to you.

The only way to *create* a derivative work is with permission of the
copyright owner of the original work. Period. This permission can come
implicitly *if* you agree with licensing terms, but not under first sale
or fair use *limitations*. (First sale / fair use are statutory
limitations on copyrights, not rights).

Massa