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Re: IBM doesn't like the GPL

From: Alexander Terekhov
Subject: Re: IBM doesn't like the GPL
Date: Thu, 19 Mar 2009 18:08:28 +0100

Hyman Rosen wrote:
> Alexander Terekhov wrote:
> > Subsuming other non-GPL works (licensed without permission to sublicense
> > under the GPL) and pretending that "a whole" is under the GPL is utter
> > legal nonsense.
> Fortunately, such permission is given:
>      <>
>      2. Grant of Copyright License. Subject to the terms and conditions
>      of this License, each Contributor hereby grants to You a perpetual,
>      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>      copyright license to reproduce, prepare Derivative Works of,
>      publicly display, publicly perform, sublicense, and distribute the
>      Work and such Derivative Works in Source or Object form.

It can be sublicensed but preserving original terms for material
licensed under the Apache License. The License defines the term
Derivative Works:

"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

such that "a whole" doesn't include the preexisting material. Now,

"You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License."

but that has nothing to do with "a whole" in the GNUish sense.


(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.)

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