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Re: Problem with GPLv3 FAQ about linking with Visual C++

From: Alexander Terekhov
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Tue, 02 Feb 2010 17:04:13 +0100

Hyman Rosen wrote:
> On 2/2/2010 10:32 AM, Alexander Terekhov wrote:
> > Imagine that dynamically linked "library" is shipped along
> > with the "program" (same ship/cargo truck/box/cd/whatnot) it's linked
> > with just like in the case of statically linked aggregation.
> Why would I imagine that? The point of having dynamically
> linked libraries is that the program generally accesses
> already installed versions. 

Already installed vs. what silly Hyman? It's quite typical to ship
updated/compatible dynamic libraries irrespective of versions "already

>                             Shipping a program and its
> dynamically linked libraries together as one package would
> very likely be regarded the same as static linking.

Two files (as in "computer program" works; see 17 USC 101) put together
on the same media squarely fall under "mere aggregation" clause you

"In fact, the GPL itself rejects any automatic aggregation of software
copyrights under the GPL simply because one program licensed under the
GPL is distributed together with another program that is not licensed
under the GPL: "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." 

Plaintiff's mischaracterization of the GPL in his Response has no
bearing on the resolution of the pending Motion to Dismiss because the
Court can examine the GPL itself. "[T]o the extent that the terms of an
attached contract conflict with the allegations of the complaint, the
contract controls." Centers v. Centennial Mortg., Inc., 398 F.3d 930,
933 (7th Cir. 2005)


Respectfully submitted,
s/ Curtis W. McCauley
Philip A. Whistler (#1205-49)
Curtis W. McCauley (#16456-49)

Attorneys for Defendant, Free Software
Foundation, Inc.

One American Square Box 82001
Indianapolis, IN 46282-0002


(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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