Messages in this thread | | | Date | Thu, 03 Feb 2005 14:04:12 +0100 | From | Helge Hafting <> | Subject | Re: Copyright / licensing question |
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linux@horizon.com wrote:
>I'll respond in terms of U.S. law; if you want something else, please >mention it. > >You might find a lot of useful information at >http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html >http://www.usg.edu/admin/legal/copyright/#part3d3a >http://en.wikipedia.org/wiki/Fair_use >ttp://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/C3E49F67-1AA3-4293-9312FE5C119B5806/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E > > > >>1. For explaining the internals of a filesystem in detail, I need to >> take their code from kernel sources 'as it is' in the book. Do I need >> to take any permissions from the owner/maintainer regarding this ? >> Will it violate any license if reproduce the driver source code in >> my book ?? >> >> > >This is exactly the sort of "Comment and criticism" that is anticipated >and covered by the fair use exemption. In judging whether the use is >fair, 17 USC 107 says: > > Nice analysis, but is it necessary in this case? GPL is somewhat special, in that it allows unlimited distribution of unmodified and modified code, as long as: 1. The copyright notice remains - trivial to do in a book by keeping the copyright notices. A book tend to have a copyright notice of its own, where he may mention the different licence/copyright for the code parts. 2. He offer the sources to anyone interested - again trivial because the book actually distributes the source in written form. So he won't need to set up a ftp server the way binary vendors usually have to.
So I believe he'll be fine as long as he makes it clear that the source code listings have a different copyright from the rest of the book - i.e. people can copy and use that code in all the ways the GPL permits.
"Fair use" and such is nice to have, but one doesn't need to invoke it when the source code in question already offer a unlimited redistribution licence. Printing the code in some book is just redistribution, after all. He have to make sure he prints the GPL along with the code, that's about it.
Helge Hafting
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