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Re: using GPL api to be used in a properietary software


From: David Kastrup
Subject: Re: using GPL api to be used in a properietary software
Date: Sun, 13 Mar 2005 00:15:34 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote: ...
>
> I knew you'll bite. That's why I've omitted "as such" and said just
> linking, not "linking as such". It's just like the upcoming EU patent 
> law harmonization directive and "software as such". Bwahahah.
>
> Seriously, if A and B are independent works in the copyright sense
> (as literary works), the fact that A "calls" B (references it) makes 
> neither A nor aggregation A+B a derivative work of B. It's a mere
> aggregation (Sammelwerk), not a derivative work (Bearbeitung). 

The courts happen to disagree with your assessment, as can easily be
witnessed if you Google for "deep linking".  And that is much less
invasive than what needs to be done for linking computer programs.

As usual, your legal advice is applicable only to a fantasy world of
yours.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum

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