Re: IBM doesn't like the GPL

[Alexander Terekhov]

Hey Hyman, quiz!

Alexander Terekhov wrote:
> 
> Hyman Rosen wrote:
> >
> > Alexander Terekhov wrote:
> > > The process of static linking DOESN'T CREATE AN ORIGINAL WORK OF
> >  > AUTHORSHIP (same as with dynamic linking).
> >
> > You might wish to read the license before you begin shouting.
> >      <http://www.apache.org/licenses/LICENSE-2.0>
> >      "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.
> >
> > A program which links with Apache-licensed code is based on it,
> > and the program as a whole will (generally) represent an original
> > work of authorship.
> 
> LOL.
> 
> Hyman, let's try it slowly. Okay?
> 
> First off, a program which links with Apache-licensed code is NOT "based
> on" Apache-licensed code (in a derivative work sense) as long as it
> doesn't contain any protected material taken from Apache-licensed code.
> 
> Capice thus far?
> 
> Secondly, a copyright in a derivative work under 17 USC 103 (and its
> author's ability to license derivative material on its own terms)
> encompasses only new material which is "the editorial revisions,
> annotations, elaborations, or other modifications[, which] represent, as
> a whole, an original work of authorship".
> 
> Let's call that work 'B' and employed preexisting material 'A'. Okay?
> 
> Now, in the GNUish speak, "a whole" is A + B = D and a whole D is
> purported to be licensed under the GPL.
> 
> But the Apache license doesn't allow that!
> 
> The Apache license says that only A can be licensed under the GPL (as
> long as the GPL complies with the Apache license -- let's not go into
> that).

The Apache license says that only B can be licensed under the GPL (as
long as the GPL complies with the Apache license -- let's not go into
that).

Which statement is the correct one?

<chuckles>

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.)