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Re: using GPL api to be used in a properietary software

From: Martin Dickopp
Subject: Re: using GPL api to be used in a properietary software
Date: Sun, 13 Mar 2005 10:37:43 +0100
User-agent: Gnus/5.1007 (Gnus v5.10.7) Emacs/21.3 (gnu/linux)

Stefaan A Eeckels <> writes:

> Here's the definition of a derivative work, taken
> (without permission, but fair use (still) applies :-) from
> 101 USC 17:
> | A "derivative work" is a work based upon one or more preexisting
> | works, such as a translation, musical arrangement, dramatization,
> | fictionalization, motion picture version, sound recording, art
> | reproduction, abridgment, condensation, or any other form in which a
> | work may be recast, transformed, or adapted. A work consisting of
> | editorial revisions, annotations, elaborations, or other
> | modifications which, as a whole, represent an original work of
> | authorship, is a "derivative work".

Here's the definition of "such as", taken from 101 USC 17 as well:

| The terms "including" and "such as" are illustrative and not
| limitative.

I find it unconvincing to argue that a program is not a derivative work
of a dynamic library just because this case is not properly covered by a
non-limitative list of illustrations.


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