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

[Humberto Massa]

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

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