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


From: Hyman Rosen
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Tue, 02 Feb 2010 15:48:17 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 2/2/2010 3:16 PM, Alexander Terekhov wrote:
I've posted many links to the material supporting the fact that the
GPL's "mere aggregation" clause in fact gives permission to combine
programs through static linking/aggregate.

You mean like this one?
<http://www.ipinfoblog.com/archives/Open%20Source%20Legal%20Issues.pdf>
    The term, “mere aggregation,” has no legally established
    meaning, but would seemingly cover cases where the
    presence of a GPL program and another program is based
    on convenience, rather than function. The term should be
    read in juxtaposition to the coverage of derivative
    works under GPL and to issues about whether GPL applies
    to “collective works” as that term is defined in the
    Copyright Act. Apparently, the intent here is to exclude
    coverage of independently created software that might be
    covered solely because the software and a GPL product are
    included on a single storage medium for convenience.
    Where the joint storage reflects an expressive or
    technological purpose other than mere convenience, however,
    this exception may not apply.

As usual, your links vitiate rather than support your thesis.


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