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

From: Alexander Terekhov
Subject: Re: Do I have to release the patch for a GPL software under GPL?
Date: Fri, 12 May 2006 22:40:26 +0200

Dancefire wrote:
> What I trying to say is there ARE some intelligent properties in the patch
> which we want to keep under our control, but we never want to put any
> restriction on any one else. So can we protect our own tiny patch not to be
> public?

As long as those "intelligent properties" in your patch don't contain 
any protected expression (google the AFC test) from the GPL'd work you 
can license those portions of your patch under any terms you like. The
FSF is on record: <quote> In fact, the GPL itself rejects any automatic 
aggregation of software copyrights under the GPL simply because one 
program licensed under the GPL is distributed together with another 
program that is not licensed under the GPL: "In addition, mere 
aggregation of another work not based on the Program with the Program 
(or with a work based on the Program) on a volume of a storage or 
distribution medium does not bring the other work under the scope of 
this License." <quote>


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