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Re: Do I have to release the patch for a GPL software under GPL?

From: Alfred M. Szmidt
Subject: Re: Do I have to release the patch for a GPL software under GPL?
Date: Fri, 12 May 2006 09:19:00 +0200 (CEST)

   > Ask yourself the following, and all your questions will be answered:
   > Does the patch work without the GPLed software?  If it doesn't, then
   > it is clearly a deriviate work.  

   It may well be a "deriviate" work (whatever that means in the GNU 
   Republic). But this "test" has absolutely nothing to do with the 
   legal meaning of "derivative" regarding computer program works --
   stuff protected under Berne Convention as literary works (and, 
   under US case law, modulo the AFC test).

It has alot to do with the legal meaning of derivative.  What doesn't
have anything to do with the legal meaning of derivative is your
constant blabbering.  It also has to do with the acutal GPL.

|   2. You may modify your copy or copies of the Program or any
| portion of it, thus forming a work based on the Program, and copy
| and distribute such modifications or work under the terms of Section
| 1 above, provided that you also meet all of these conditions:
|     a) You must cause the modified files to carry prominent notices
|     stating that you changed the files and the date of any change.
|     b) You must cause any work that you distribute or publish, that in
|     whole or in part contains or is derived from the Program or any
|     part thereof, to be licensed as a whole at no charge to all third
|     parties under the terms of this License.
|     c) If the modified program normally reads commands interactively
|     when run, you must cause it, when started running for such
|     interactive use in the most ordinary way, to print or display an
|     announcement including an appropriate copyright notice and a
|     notice that there is no warranty (or else, saying that you provide
|     a warranty) and that users may redistribute the program under
|     these conditions, and telling the user how to view a copy of this
|     License.  (Exception: if the Program itself is interactive but
|     does not normally print such an announcement, your work based on
|     the Program is not required to print an announcement.)

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