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too narrowtoo narrowPosted May 16, 2006 19:09 UTC (Tue) by sepreece (subscriber, #19270)In reply to: grow up :-/ by khim Parent article: GPL concerns halt Kororaa live CD (NewsForge)
I think it would depend on how you distributed. If you package the three separately, or if you prelinked the shim to the kernel (1+2) with the blob (3) simply on the disk, then you should be OK, because the blob is not "a work based on the program" and is allowed to be aggregated. However, if you prelink the blob to the shim (2+3), then you can't ship them on the same media with the kernel, because 2+3 IS a work based on 1. I don't know how the Kororaa distribution is structured.
Actually, after looking at the language again, it's not clear to me why you can't aggregate an unmodified binary kernel with anything you like (including things that would modify that kernel post-distribution), but that would depend on exactly how a court read the phrase "under the terms of Sections 1 and 2" that appear in section 3. Since section 2 only talks about distribution of modified versions, I don't see why it would bear on distributing an unmodified binary; I'll have to go see if Rosen says anything about how this interpretation works.
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