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Re: Use of GPL'd code with proprietary programs
From: |
Alexander Terekhov |
Subject: |
Re: Use of GPL'd code with proprietary programs |
Date: |
Thu, 08 Jul 2004 22:36:17 +0200 |
Arnoud Engelfriet wrote:
[...]
> As I understand it, the interpretation of the FSF is that linking
> creates a "work based on the Program".
Yeah. Let's see.
http://www.fsf.org/licenses/200104_seminar.html
<quote>
The LGPL is a "scaled back" version of GPL, designed specifically
to allow creation of a very well-defined class of proprietary
derivative works.
[...]
We introduce the two classes of derivative works covered by LGPL,
"works that use the library" and "works based on the library", and
give some concrete examples of what proprietary derivative works
are prohibited and permitted when basing the software on an LGPL'd
work.
</quote>
So the non-"scaled back" version purports to disallow creation
(they actually mean distribution) of proprietary "works that use
the library" without making distiction between "works that use"
and "works based on" (in the LGPL sense) -- they're simply treated
as being the same using "based on" umbrella. The only 'problem' is
that unless you happen to believe that you live in the {virtual}
GNU Republic, "works that use the library" are NOT derivative
works under copyright law.
http://slashdot.org/article.pl?sid=00/05/01/1052216&mode=nocomment
<quote>
RMS: We have no say in what is considered a derivative work. That
is a matter of copyright law, decided by courts. When copyright
law holds that a certain thing is not a derivative of our work,
then our license for that work does not apply to it. Whatever our
licenses say, they are operative only for works that are
derivative of our code.
A license can say that we will treat a certain kind of work as if
it were not derivative, even if the courts think it is. The Lesser
GPL does this in certain cases, in effect declining to use some
of the power that the courts would give us. But we cannot tell the
courts to treat a certain kind of work as if it were derivative,
if the courts think it is not.
</quote>
Now, do you seriously believe that they will be able to convince
a non-drunken district judge (appellate and supreme folk aside
for a moment) that "works that use the library" are in fact
derivative works under copyright law?
regards,
alexander.
- Re: Use of GPL'd code with proprietary programs, (continued)
- Re: Use of GPL'd code with proprietary programs, Per Abrahamsen, 2004/07/06
- Re: Use of GPL'd code with proprietary programs, Haakon Riiser, 2004/07/06
- Message not available
- Re: Use of GPL'd code with proprietary programs, Haakon Riiser, 2004/07/06
- Re: Use of GPL'd code with proprietary programs, Arnoud Engelfriet, 2004/07/07
- Message not available
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/07
- Re: Use of GPL'd code with proprietary programs, Arnoud Engelfriet, 2004/07/07
- Message not available
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/08
- Message not available
- Re: Use of GPL'd code with proprietary programs,
Alexander Terekhov <=
- Re: Use of GPL'd code with proprietary programs, Rui Miguel Seabra, 2004/07/08
- Re: Use of GPL'd code with proprietary programs, Martin Dickopp, 2004/07/08
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Martin Dickopp, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Martin Dickopp, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Martin Dickopp, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/09
- Re: Use of GPL'd code with proprietary programs, Rainer Weikusat, 2004/07/09