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    SubjectRe: Fwd: Copyright infringement in linux/drivers/usb/serial/keyspan*fw.h
    On Fri, May 25, 2001 at 10:02:08AM -0700, Adam J. Richter wrote:
    > If you want to argue that a court will use a different definition
    > of aggregation, then please explain why and quote that definition. Also,
    > it's important not to forget the word "mere." If the combination is anything
    > *more* than aggregration, then it's not _merely_ aggregation. So,
    > if you wanted to argue from the definition on

    Adam, the point is not what the GPL says or what the definition is.
    The point is "what is legal". You can, for example, write a license
    which says

    By running the software covered by this license, you agree to
    become my personal slave and you will be obligated to bring
    me coffee each morning for the rest of my life, greating
    me with a "Good morning, master, here is your coffee oh
    most magnificent one".

    If anyone is stupid enough to obey such a license, they need help.
    The problem is that licenses can write whatever they want, but what they
    say only has meaning if it is enforceable. The "license" above would
    be found to be unenforceable by the courts in about 30 seconds or so.

    OK, so what does this have to do with aggregration? The prevailing
    legal opinions seem to be that viral licenses cannot extend their
    terms across boundaries. The aggregration verbage is alluding to that
    boundary. If it is true that viral licenses cannot cross some sort of
    boundary (and obviously it is true, otherwise the system call boundary
    would not be recognized and all programs ever run on Linux would be GPLed),
    then the GPL doesn't get to say what it means by that boundary, the law
    gets to say that. Just like the above "license" doesn't get to create
    slaves, some issues are outside the license scope.

    I've spoken with my lawyer in depth about this and the feeling is that
    there are boundaries which licenses may not cross, and the definition
    of such a boundary is one where you could remove the code on one side
    of the boundary (aka interface), replace it with completely different
    code, and get substantially the same behaviour. A device driver is a
    good example.
    Larry McVoy lm at
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