Re: The worst that can happen to GPLed code

[Stefaan A Eeckels]

On Thu, 17 Jun 2004 01:47:26 +0200
Alexander Terekhov <terekhov@web.de> wrote:

> 
> Stefaan A Eeckels wrote:
> > 
> > On Wed, 16 Jun 2004 23:59:44 +0200
> > Alexander Terekhov <terekhov@web.de> wrote:
> > 
> > > >                         That means, for example,
> > > > that your integrating one file from another program
> > > > in your code makes it a derivative work.
> > >
> > > Not on this planet.
> > 
> > What, you can't do your work without copying from others?
> 
> Aggregation != derivative work. Fortunately, there isn't
> exlcusive right to create aggregations.

No, but there is an exclusive right to control reproduction,
and as aggregation through the extraction of a single file 
implies copying the file, and thus is reproduction, you still
can't do it. The sophistry of making a download from the FSF
servers for each copy of the aggregation you prepare will fly
like a lead balloon in court.

Plus, your copying a source file for use in your own program,
so that its functioning depends on the copied code, will in
all likelihood result in the combined source code being ruled
a derivative work, unlike when it would be merely referencing
a library.

It's all moot in any case, because extracting a file from
a tarball means making a copy - there's no way you can
rip files out of a tarball the way you rip pages out of a
book. 

-- 
Stefaan
-- 
"What is stated clearly conceives easily."  -- Inspired sales droid