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Re: GPL Software Gold Standard

From: Martin Dickopp
Subject: Re: GPL Software Gold Standard
Date: Wed, 12 May 2004 14:26:09 +0200
User-agent: Gnus/5.1006 (Gnus v5.10.6) Emacs/21.3 (gnu/linux)

Alexander Terekhov <> writes:

> Martin Dickopp wrote:
> [...]
> <quote>
> 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
> </quote>
> 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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