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

David Schwartz
2005-04-11T19:33:08Z

> > You could do that be means of a contract, but I don't think you could
> > it do by means of a copyright license. The problem is that there is
> > no right to control the distribution of derivative works for you to
> > withhold from me.

> Wrong, sorry. Copyright is a *monopoly* on some activities (copy,
> distribution of copies, making *and* distribution of derivative works).

Perhaps you could cite the law that restricts to the copyright holder the
right to restrict the distribution of derivative works. I can cite the laws
that restrict all those other things and clearly *don't* mention
distribution of derivative works.

[from another post]

>Copyright law only _explicitly_ grants a monopoly on preparation of
>derivative works. However, it is trivial, and overwhelmingly common,
>for a copyright owner to grant a license to create a derivative work
>that is conditional on how the licensee agrees to distribute (or not
>distribute) the derivative work.

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.

DS