But it's combined by the user at runtime, not by canocal. The GPL allows an end users to do this.
This is a way that people kid themselves about the GPL. If the user were really porting ZFS on their own, combining the work and never distributing it, that would work. But the user isn't combining it. The Ubuntu developer is creating instructions which explicitly load the driver into the kernel. These instructions are either a link script that references the kernel, or a pre-linked dynamic module. Creating those instructions and distributing them to the user is tantamount to performing the act on the user's system, under your control rather than the user's.
To show this with an analogy, suppose you placed a bomb in the user's system which would go off when they loaded the ZFS module. But Judge, you might say, I am innocent because the victim is actually the person who set off the bomb. All I did was distribute a harmless unexploded bomb.
So, it's clear that you can perform actions that have effects later in time and at a different place that are your action rather than the user's. That is what building a dynamic module or linking scripts does.
There is also the problem that the pieces, Linux and ZFS, are probably distributed together. There is specific language in the GPL to catch that.
A lot of people don't realize what they get charged with when they violate the GPL (or any license). They don't get charged with violating the license terms. They are charged with copyright infringement, and their defense is that they have a license. So, the defense has to prove that they were in conformance with every license term.
This is another situation where I would have a pretty easy time making the programmer look bad when they are deposed.
ummmm... you might actually try reading what he wrote. Mighty big of you to say that he agrees with what you are saying.
Thank you for so astutely reading that thread; I thought maybe I was losing my mind
What is right wing about filing a lawsuit to unmask a doe, suing that person, then settling for a much smaller amount. It seems this is used by many different trolls, and likely doesn't have any political ideology behind it. It is sleazy though. Filing a lawsuit with the intention of settling just to get a payout is wrong. It is short circuiting the justice system for personal profit.
Yeah that's neither right nor left, it's the universal language of greedy bloodsuckers.
What is right wing about that process? The Democrats support the movie industry, not the Republicans.
The fact that Democrats support something doesn't negate the possibility of something being right wing. The Democrats are not ideologically pure, or ideologically homogenous, and very few of them can be considered "left".
To me, pretending that copyright is only about property rights, and ignoring the fact that copyright was also supposed to be about free speech and about making material available for free to the public after a limited time, is definitely "right wing".
This has nothing to do with the DMCA, this is a straight out copyright infringement lawsuit being filed. The real problem is that the methods the copyright holders (or the copyright enforcement goons acting on their behalf) are using to identify torrent users aren't good enough and its good to see at least one judge willing to call these enforcers out on it.
Exactly. Would have been nice for judges to start doing this 11 years ago, but glad they've come around.
Regardless of what Ubuntu has convinced themselves of, in this context the ZFS filesystem driver would be an unlicensed derivative work. If they don't want it to be so, it needs to be in user-mode instead of loaded into the kernel address space and using unexported APIs of the kernel.
A lot of people try to deceive themselves (and you) that they can do silly things, like putting an API between software under two licenses, and that such an API becomes a "computer condom" that protects you from the GPL. This rationale was never true and was overturned by the court in the appeal of Oracle v. Google.
Aggregate means two programs that are not combined and just live on the same filesystem. In the case of a filesystem driver, it's read into the kernel space and touches unexported APIs of the kernel and various kernel internals.
It is thus a derivative work.
If in any problem you find yourself doing an immense amount of work, the answer can be obtained by simple inspection.