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    SubjectRe: GPL only modules [was Re: [GIT PATCH] more Driver core patches for 2.6.19]
    On Wed, Dec 13, 2006 at 08:15:59PM -0800, Linus Torvalds wrote:
    > The fact is, the reason I don't think we should force the issue is very
    > simple: copyright law is simply _better_off_ when you honor the admittedly
    > gray issue of "derived work". It's gray. It's not black-and-white. But
    > being gray is _good_. Putting artificial black-and-white technical
    > counter-measures is actually bad. It's bad when the RIAA does it, it's bad
    > when anybody else does it.

    One important question is:
    Who gets in danger due to this grey area?

    E.g. if I'd consider it important enough to stop Ubuntu from
    distributing kernels and binary-only modules, I wouldn't try the
    difficult task to take legal actions against a company located on the
    Isle of Man.

    The trick is to let a lawyer send cease and desist letters to people
    distributing the infringing software for 1 Euro at Ebay.

    The nice thing about cease and desist letters is that the one who
    accepts one has to pay the > 1000 Euro costs for the lawyer for this

    Another lucrative task for the lawer would be to send cease and desist
    letters to people running mirrors located in Germany distributing the
    infringing software.

    > Linus



    "Is there not promise of rain?" Ling Tan asked suddenly out
    of the darkness. There had been need of rain for many days.
    "Only a promise," Lao Er said.
    Pearl S. Buck - Dragon Seed

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