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

[Alexander Terekhov]

"Alfred M. Szmidt" 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.
> 
> This is true. But as long as you incoperate those `intelligent
> properties'[0] with a GNU GPLed work, in which case you must license
> them under the GNU GPL. 

Sez who? (Besides you and other brainwashed GNUtians, that is.)

I don't care what you say. Thanks to Wallace, the GPL drafter 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> http://www.terekhov.de/Wallace_v_FSF_37.pdf

See also http://www.rosenlaw.com/Rosen_Ch06.pdf ("If identifiable 
sections of that work are not derived...")

regards,
alexander.