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

David Schwartz
2005-04-14T01:54:36Z

> On Tue, Apr 12, 2005 at 12:05:59PM -0700, David Schwartz wrote:
> > Yes, the GPL can give you rights you wouldn't otherwise have. A
> > EULA can take away rights you would otherwise have.

> What compels you to agree with an EULA?

If you do not agree with the EULA, you cannot and do not acquire lawful
possession of the work.

> > In the few court cases that have directly addresses shrink-wrap and
> > click-wrap type agreements, I've seen them consistently upheld. However,
> > this is not relevent to the GPL issue at all because the GPL
> > can only give
> > you rights you wouldn't otherwise have, it cannot take away any rights.

> The GPL offers you certain rights if you agree to be bound by certain
> conditions.

Right, and normally the way you become bound by the GPL is if you do
something that you could not acquire the right to do any other way. That's
why GPL issues frequently hinge on whether you could not acquire the right
any other way. Possible other ways include first sale and fair use.

> You are not compelled to agree to those conditions, but those who do
> not gain no rights from the GPL.

Right, again, that's why it's important to look at whether they could have
acquired the rights any other way.

DS