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

From: David Kastrup
Subject: Re: using GPL api to be used in a properietary software
Date: Mon, 14 Mar 2005 18:24:30 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> Martin Dickopp wrote:
> [...]
>> > Combined as in what? Can you print two different stories (bought
>> > electronically) on the same sheet of paper (to form a combined
>> > printout) or not?
>> Since I never claimed that a combination of two works is /always/ a
>> derivative of one or both original works (in fact, I claimed the
>> exact opposite just a few hours ago in this very newsgroup), your
>> example is rather silly and not at all related to the discussion at
>> hand.
> I see. So combined "stories" are OK (never mind that one can
> reference the other one and that that stuff is also in binary form)
> with respect to lack of derivation under copyright law, but combined
> programs (protected as literary works by definition) are somehow not
> OK, or at least not always OK. Very interesting.

You are confusing fair use with redistribution.  When you acquired a
tangible copy under a given license involving a consideration of
interest with the copyright holder, you are free to make any use of
that particular tangible copy including selling it or any derived
works that include that particular tangible copy _once_.  That is fair
use.  It allows you to dispose of your acquired copy in quite a few
manners.  In particular, it allows you to transfer your acquired right
to make personal non-public use of the single tangible copy to a
different person.

Fair use is a part of copyright, it does not dissolve it.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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