FAQ

Les Mikesell wrote:


On Mon, Apr 27, 2015 at 12:10 PM, Joerg Schilling
wrote:
If you combine ZFS and Linux, you create a permitted "collective work" and the
GPL cannot extend it's rules to the CDDLd separate and independend work ZFS of
course.
Which countries' copyright laws would permit that explicitly even when
some of the components' licenses prohibit it?

Fortunately, Europe and the USA declare the same parts of the GPL void, these
parts would prevent such a combination.


In the USA, the GPL is a legal construct called "license" for customer
protection and a "license" is limited to only make claims that are listed in:
US Copyright law title 17 paragraph 106


The GPL makes claims that are in conflict with the law because these claims are
not amongst what the list in the law permits and that are thus void.


The same parts of the GPL are void in the EU because they are writen in an
ambiguous way. For customer protection, the rules for "general conditions" and
these rules permit the customer to select the interpretation that is best for
the customer in such a case.


Both legal systems have the same results: They prevent the GPL from using it's
own interpretation os what a derivative work is and the rules from the laws
apply instead. These rules make many combinations a "collective work" that is
permitted. The cdrtools and ZFS on Linux match these rules - well, I assume
that the ZFS integration code follows the rules that are needed for a clean
collective work.


Cdrtools follow these rules:


- No code from CDDL and GPL is mixed into a single file


- Non-GPL code used in a colective work was implemented independently
  from the GPLd parts and form a separate work that may be used without
  the GPLd code as well.


J?rg


--
  EMail:joerg at schily.net (home) J?rg Schilling D-13353 Berlin
        joerg.schilling at fokus.fraunhofer.de (work) Blog: http://schily.blogspot.com/
  URL: http://cdrecord.org/private/ http://sourceforge.net/projects/schilytools/files/'

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