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Re: IBM doesn't like the GPL

From: Hyman Rosen
Subject: Re: IBM doesn't like the GPL
Date: Mon, 23 Mar 2009 12:00:37 -0400
User-agent: Thunderbird (Windows/20081209)

Alexander Terekhov wrote:
What you want to do is chaaaaaaaaaaaaaaaaange a mere aggregation (for
the purpose of execution/running the code) into a derivative work.

No. The linked executable incorporating GPLed libraries is not a
derivative work of those libraries as understood by copyright law,
because there is no transformative significant work of authorship
upon the GPLed code. As for mere aggregation, GPLv2 says:

    In addition, mere aggregation of another work not based on the
    Program with the Program (or with a work based on the Program)
    on a volume of a storage or distribution medium does not bring
    the other work under the scope of this License.

A statically linked executable program containing GPLed code with
other code is not a mere aggregation; it is a purposeful creation
of a combined work, and to copy and distribute such a work requires
permission from the copyright holders of the pieces. For the GPLed
pieces, such permission is available only if the combined work as a
whole is distributed under the terms of the GPL.

As I said, you are now arguing "red is blue". The only one you will
convince is yourself. Certainly no judge will fall for such sophistry.

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