The Copyright Act preempts the GPL

jcowan at reutershealth.com jcowan at reutershealth.com
Wed Jan 28 20:21:14 UTC 2004


Ken Brown scripsit:
> I think Daniel makes an interesting point.  But let me ask since you
> emailed me your conversations.  Who is the original owner of Linux?  

Well (to be Clintonesque), that depends on what you mean by "Linux".  I'll
assume you mean the kernel.  It also depends on whether a court views Linux
as a derivative work (in which case the original owner is Linus, questionless),
a joint work, or a collective work.  My guess would be that it's one of the
latter two possibilities.

-- 
John Cowan       http://www.ccil.org/~cowan        <jcowan at reutershealth.com>
        You tollerday donsk?  N.  You tolkatiff scowegian?  Nn.
        You spigotty anglease?  Nnn.  You phonio saxo?  Nnnn.
                Clear all so!  `Tis a Jute.... (Finnegans Wake 16.5)
--
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