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Re: softwarecombinations paper again Re: LGPL vs. GPL

From: Hyman Rosen
Subject: Re: softwarecombinations paper again Re: LGPL vs. GPL
Date: Sun, 10 Aug 2008 23:58:36 -0400
User-agent: Thunderbird (Windows/20080708)

Alfred M. Szmidt wrote:
If the program depends on the other program in some manner,
> then yes you do.

Here's what the US Copyright Code says:
    A “derivative work” is a work based upon one or more
    preexisting works, such as a translation, musical
    arrangement, dramatization, fictionalization, motion
    picture version, sound recording, art reproduction,
    abridgment, condensation, or any other form in which
    a work may be recast, transformed, or adapted. A work
    consisting of editorial revisions, annotations,
    elaborations, or other modifications which, as a whole,
    represent an original work of authorship, is a
    “derivative work”.

It is entirely clear that for a work to be derivative, it must
incorporate significant portions of the original work. Code
written to interoperate with other code is not a derivative
work of that code by the definition given in the law.

You don't like that? Too bad. Get the law changed. And then
be prepared when Microsoft sues Samba out of existence.

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