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cc-licenses - Re: [cc-licenses] Aggregation and Stronger SA

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Subject: Development of Creative Commons licenses

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  • From: Francesco Poli <invernomuto AT paranoici.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Aggregation and Stronger SA
  • Date: Fri, 4 May 2012 18:50:51 +0200

On Wed, 02 May 2012 13:58:09 +0200 Arne Babenhauserheide wrote:

[...]
> drew Roberts wrote:
[...]
> > If the only way my BY-SA photos get on the same CD with someone else's
> > ARR photos and still another ARR text is by some computer program
> > randomly picking stuff off of a large hard disk so as to try and
> > minimize wasted space on the CD, fine. Mere aggregation. CD itself does
> > not get a copyright / is not a work of copyright. If instead my photo
> > ends up on that CD because someone picked it as being a supporting part
> > or a representative part of that CD such that some creativity was used
> > in selecting what went on that CD and that CD is a work deserving of a
> > copyright of its own, I say that is not mere aggregation going on wrt
> > that CD and let the copyleft provisions kick in such that all works of
> > copyright contained on that CD must have a Free license.
>
> I agree. That is what I expect from the GPL.
[...]
>
> People who get a Debian CD want to get specific functionality. When
> they do not have akregator as newsreader but RSS Owl, and they do not
> know akregator, they might not even notice that.

Wait, are you claiming that a Debian CD (or DVD) is not an
"aggregate" (as defined in the GNU GPL v3)?
That would mean that no GPLv3-incompatible work could legally be
included in the CD, since there are GPLv3-licensed works in the CD!
Are you claiming that a Debian CD is not covered by the "mere
aggregation" exception found in the GNU GPL v2?
That would mean that no GPLv2-incompatible work could legally be
included in the CD, since there are GPLv2(only)-licensed works in the
CD!
Since GPLv2 and GPLv3 are incompatible with each other, that would mean
that, even after kicking out all GPL-incompatible works, even either
GPLv2(only)-licensed or GPLv3-licensed work would have to be dropped!

I think that a Debian CD satisfies the "aggregate" or "mere
aggregation" exception, despite being a creative selection of packages
(certainly not randomly picked off by a computer program!).


--
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..................................................... Francesco Poli .
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