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Re: GPL traitor !

From: Rjack
Subject: Re: GPL traitor !
Date: Wed, 17 Jun 2009 19:52:45 -0400
User-agent: Thunderbird (Windows/20090302)

Hyman Rosen wrote:
Rjack wrote:
What happens to the static element such that it is "modified" code?

It is incorporated into a collective work.

The elements incorporated into the collective work formed by creating a statically linked executable file are not distributed as separate works.

Sure they are: You can explicitly
 compile each routine into a separate GPL'd "*.o" module by using
compiler options. These modules are then free for the World to use by authority of sec. 1 of the GPL.

What in the world are you talking about? Read 17 USC 201. Read it again. To copy and distribute a collective work containing copyrighted elements requires separate permission from the copyright holders of those elements. That permission extends only to use in that collective work. Any other permission you have in those elements is irrelevant. Just because you are allowed to copy and distribute them separately does not give you permission to use them in a collective work.

You are attempting to create a *new* collective works copyright
similar to the 17 USC 106(2) right to prepare derivative works. There
is *no* exclusive copyright to control the preparation of a collective
work outside of permission to copy and distribute the preexisting
materials. You may place *contractual* restrictions on the preexisting
work concerning collective works -- but we all understand that the GPL
is a license and not a contract, so that option isn't available.

The only permission to use GPLed elements in a collective work is when the work as a whole is distributed under the GPL.

As Alexander previously stated, 17 USC sec. 201(c) limits the author
of a collective work to new *ownership* privileges comprised of the
right to copy and distribute the collective work "as a whole* and does
*not* give the collective work author any ownership rights in the
separate preexisting contributions. Section 201(c) compliments 17 USC

"(b) The copyright in a compilation or derivative work extends only to
the material contributed by the author of such work, as distinguished
from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material. The copyright in such
work is independent of, and does not affect or enlarge the scope,
duration, ownership, or subsistence of, any copyright protection in
the preexisting material."


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