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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: Mon, 15 May 2006 09:23:40 +0200

Merijn de Weerd wrote:
> On 2006-05-13, Alexander Terekhov <> wrote:
> > Merijn de Weerd wrote:
> >> My reply is an original work of authorship. I provided
> >> annotations and other modifications to the message I replied
> >> to. Therefore my reply is and only can be a derivative work.
> >
> > You simply don't grok it.
> That's nice. Now provide an argument why, please.
> > This is a derivative (annotated) work:
> True, adding inline annotations produces a derivative work.
> Why is a series of citations followed by annotations or responses
> not derivative? It's a critique, not a rewrite, but it does
> incorporate parts of a preexisting work into a new work.
> I don't think there's a single judge who would consider the
> style of quoting (inline [] versus ">"-based quoting) at
> all relevant.

Incorporating (parts of a) preexisting work into a new work is
not sufficient criterion to distinguish derivative works from
compilations. Both types of work employ preexisting material.

At this point, I'll just let you sort it out with your 
professor. But you are quite correct that the issue of ">"-
based quoting is irrelevant. I just wonder why did you bring 
this issue in one of your previous messages. You're also wrong 
that "compilation consists of a collection of preexisting works 
_without creative additions by the collector_". A collector
may well author a separate and independent work(s) (like 
inroduction, preface, etc.) and include it in his compilation 
just like all other separate and independent works.


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