[linux-elitists] How is it possible to have a dual licensed Linux Distro.

Rick Moen rick@linuxmafia.com
Fri Aug 31 23:32:38 PDT 2007


Quoting Ben Finney (ben@benfinney.id.au):

> I don't know how you judge this probability without actually getting 
> such a judgement in court. The logic of what is and is not a derived 
> work has never been clear to me.

If you don't mind studying specifically USA jurisprudence on this
matter, I will be glad to refer you to two of the leading court decision on
this matter (CAI v. Altai and Micro Star v. FormGen). You'll find the
first as the first entry on http://linuxmafia.com/kb/Licensing_and_Law/
and the second about 1/3 of the way down.  The first decision
established how US courts determine that "non-literal copying" has
occurred.  Both will help clarify what is considered a copyrightable
element and what is not.  (You'll also notice that there is nothing at
all about "linking".)

Sadly, I can't help much with other jurisdictions.  FWIW, I'm told that
they tend to be generally similar, through some combination of
borrowings, parallel evolution, and international copyright treaties.




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