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Re: GPL 2(b) HUH?

From: Hyman Rosen
Subject: Re: GPL 2(b) HUH?
Date: Thu, 18 Sep 2008 15:03:58 -0400
User-agent: Thunderbird (Windows/20080708)

Rahul Dhesi wrote:
Causing the linked library to be copied into memory is governed by
copyright law. Unless you can find an excpption (such as fair use or
implied license), causing such copying would infringe any copyright on
the library.

Well, here's the statute:
    § 117. Limitations on exclusive rights: Computer programs
    (a)  Making of Additional Copy or Adaptation by Owner of Copy.—
    Notwithstanding the provisions of section 106, it is not an
    infringement for the owner of a copy of a computer program to make
    or authorize the making of another copy or adaptation of that
    computer program provided:
    (1) that such a new copy or adaptation is created as an essential
    step in the utilization of the computer program in conjunction with
    a machine and that it is used in no other manner

So that's OK.

You can't argue implied license if the library's license is overtly
violated. You can't argue fair use if the library author's goals (as
described in the GPL and its preamble) are cleverly and deliberately
being undermined.

I'm not arguing either of those things. I'm saying simply that a
program dynamically linked to a library does not require permission
of any sort from the copyright holders of the library. The license
terms of the library are completely irrelevant to the program.

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