Re: [ROFL] GCC's GPLv3 "Updated License Exception"

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> Alan Mackenzie wrote:
> > That is, indeed, the best answer.  ;-)
> 
> Actually, it's not the GPL's "mere aggregation", which means
> putting multiple independent programs on the same media for
> shipping. But it is an aggregation and not a derived work.

Hyman, Alan believes that taking two separate and independent computer 
program works (separate and independent under copyright law, according 
to the AFC test) and combining them together in a compilation (see 17 
USC 101) creates a "derived work" (see the GNU Copyleft Act) akin to 
"embryo which is derived from the egg and sperm." I gather that he also
believes that linking is akin to sex without condoms (and that it is
not oral or anal).

Alan's beliefs are inspired by maniac Moglen's beliefs. Eben calls it 
"interpenetration".

http://lwn.net/Articles/147070/

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LWN: So, if the kernel is covered solely by the GPL, you would see
proprietary modules as an infringement?
 
Eben: Yes. I think we would all accept that. I think that the
degree of interpenetration between kernel modules and the remainder
of the kernel is very great, I think it's clear that a kernel with
some modules loaded is a "a work" and because any module that is
dynamically loaded could be statically linked into the kernel, and
because I'm sure that the mere method of linkage is not what
determines what violates the GPL, I think it would be very clear
analytically that non-GPL loadable kernel modules would violate the
license if it's pure GPL.
-----

http://www.mail-archive.com/gnu-misc-discuss@gnu.org/msg01420.html

[Alan:]

-----
Think of an embryo  - it is not a "compilation" of an egg and a sperm,
since the latter have long since lost their distinctive identity.  The
embryo is _derived_ from the egg and sperm, though.
-----

LOL.

regards,
alexander.

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)