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

[Hyman Rosen]

On 2/3/2010 10:19 AM, Florian Weimer wrote:
> the prevailing feeling right
> now is that dynamic linking already creates a derivative work.

"Feelings" don't count. Reading copyright law does.
For a work to be a derivative work (in US law), there
must be a significant auctorial transformation of an
existing work. Then that author gains copyright in the
transformed work (while the original author continues
to have copyright in the transformed work as well).

Linking, either dynamically or statically, does not
constitute a significant auctorial transformation of
an existing work, and therefore the person performing
the link step does not gain copyright to a derivative
work, since no such work is created.

A statically linked program is a combined work, physically
containing multiple components as an anthology contains a
multitude of stories, and to copy and distribute such a work
requires permission from the copyright holders of the
components.

A dynamically linked program does not contain any of the
components which it will use at runtime, but rather contains
references which will be used to determine how to interact
with those components. This is more akin to a bibliography.
Copying and distributing the program cannot infringe on the
copyrights of the components because those components are not
present when the program is being copied and distributed.