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Re: GPL Software Gold Standard

From: Alexander Terekhov
Subject: Re: GPL Software Gold Standard
Date: Wed, 12 May 2004 13:53:12 +0200

Martin Dickopp wrote:


The language or programming paradigm in use doesn't determine the 
rules of compliance, nor does whether the GPL'd code has been 
modified. The situation is no different than the one where your 
code depends on static or dynamic linking of a GPL'd library, 
say GNU readline. Your code, in order to operate, must be combined 
with the GPL'd code, forming a new combined work, which under GPL 
section 2(b) must be distributed under the terms of the GPL and 
only the GPL


Such claims are barred by the doctrine of copyright misuse and 
the doctrine of first sale. Neither static nor dynamic linking 
constitute creation of a derivative work. Copyright protects 
software as literacy works. "In order to operate" is completely 
irrelevant. Copyright law doesn't establish exclusive right to 
"combine" works. FSF's theory of derivative works is total crap.


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