Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

[Michael Poole]

David Schwartz writes:

>> There is a lot of grey and/or arguable area about what constitutes a
>> GPL-encumbered collective work versus mere aggregation.
>
> I think it's technically/legally clear what the standards are, but certainly
> arguable whether particular works meet that standard. If the choice of works
> to combine is sufficiently creative (above and beyond any choices dictated
> by functional considerations), it's a GPL-encumbered collective work.
>
> I don't think it's arguable that a signature shipped along with a binary is
> a collective work. In any event, if that were true, I think we should be
> able to agree that Linus would be required to release his kernel signing
> keys.

The distinction between GPL-covered works and "mere aggregation" is
not a function only of legal classifications.  If it were, the GPL
would be worded differently than it is -- and have different effects
than most people believe it does.

Michael Poole
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