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Re: GPL and other licences
From: |
Alexander Terekhov |
Subject: |
Re: GPL and other licences |
Date: |
Tue, 31 Jan 2006 13:29:08 +0100 |
Fung wrote:
>
> Dear folks,
>
> I am currently doing some research on open source licences and while
> reading the GPL licence the following question arose: Distributing a
> derivative work combined from software licensed under [whatever]
Combining software doesn't create a derivative work under copyright
law. If anything, it creates a compilation, not a derivative work.
If you don't happen to live in the GNU Republic, linking of computer
programs (and libraries are computer programs) isn't one of exclusive
rights reserved to copyright owners and any attempts to extract the
rights to linked works which are separate and independent computer
program works under copyright law (google the AFC test) and are merely
linked to/from the GPL'd code constitutes misuse of copyright. The
penalty for copyright misuse unenforceability of the copyright in
court until the misuse has been purged and its effects no longer
exist is tantamount to losing the copyright.
Outside the GNU Republic there isn't such thing as "GPL
incompatibility". Ignore the FSF's FAQ and list of purportedly
"incompatible" licenses.
http://www.catb.org/~esr/Licensing-HOWTO.html
<quote>
consider the case of two scientific papers which reference each other.
The fact that paper B calls paper A (references it for support) does
not make B a derivative work of A. This remains true whether B and A
are published together in a symposium (analogous to static linkage) or
separately (analogous to dynamic linkage). Computer programs are
defined in 17 USC as literary works
</quote>
Note also that exclusive distribution right is severely limited by
"first sale".
Finally, regarding ESR's statement "FSF has stated its willingness to
go to court for this position", don't believe it.
http://novalis.org/talks/lsm-talk-2004/slide-31.html
<quote copyright=Free Software Foundation>
Don't go to court
FSF hasn't.
Court is expensive
Judges don't understand technology
"Is static linking like two icons on one desktop?"
-Judge Saris, MySQL v. Nusphere oral argument
</quote>
Translation: the FSF doesn't really believe that they could fool a
judge into buying
http://web.novalis.org/talks/compliance-for-developers/slide-49.html
[begin textual copying copyright=Free Software Foundation]
July 27, 2004 GPL Compliance for Software Developers Legal notes
----------------------------------------------------------------
Legal notes
Static linking creates a derivative work through textual copying
Most dynamic linking cases involve distributing the library
Still a derivative work:
Dynamic linking
Distributing only the executable (testtriangle)
Still a derivative work:
Distributing the source code of software which links to a library
[end textual copying]
FSF's "legal notes" idiocy.
regards,
alexander.
- GPL and other licences, Fung, 2006/01/31
- Re: GPL and other licences,
Alexander Terekhov <=
- Re: GPL and other licences, David Kastrup, 2006/01/31
- Re: GPL and other licences, Alexander Terekhov, 2006/01/31
- Re: GPL and other licences, David Kastrup, 2006/01/31
- Re: GPL and other licences, Alexander Terekhov, 2006/01/31
- Re: GPL and other licences, David Kastrup, 2006/01/31
- Re: GPL and other licences, Alexander Terekhov, 2006/01/31
- Re: GPL and other licences, David Kastrup, 2006/01/31
- Re: GPL and other licences, Alexander Terekhov, 2006/01/31
- Re: GPL and other licences, David Kastrup, 2006/01/31
- Re: GPL and other licences, Alexander Terekhov, 2006/01/31