Re: The worst that can happen to GPLed code

[Stefaan A Eeckels]

On Fri, 18 Jun 2004 15:28:25 +0200
Alexander Terekhov <terekhov@web.de> wrote:

> Stefaan A Eeckels wrote:
> [...]
> > Thus, the idea of using first sale to justify
> > extracting code from a tarball, and combining
> > it with other code into an "aggregation" without
> > accepting the GPL is a non-starter. Right?
> 
> Read
> 
> http://www.law.cornell.edu/copyright/cases/125_F3d_580.htm
> 
> And try to apply the same logic ("palpability" aside for a moment).

The crux of the matter is that Lee claimed they were 
derivative works. You claim that using a source file
or function from one program in another doesn't make
the result a derivative work, but (as per the reference
above) is similar to placing a painting in another
frame. Apart from this being far from evident
(a compiled program is far more homogenous than a 
card on a tile or a painting in a frame), it really
doesn't matter.

Let me try again, as you seem to try being as obtuse
as possible:

In order to extract a file from a tarball, combine
it with other software, and distribute the result,
you have to make at least one copy. You cannot
distribute copies under first sale. 

> That's your "problem", not mine. First sale, fair use, etc. still 
> apply.

Price has nothing to do with it.

I didn't say first sale did not apply to the copies
you downloaded. By all means, do with the unmodified
software on the particular medium as you damn well
please (first sale). Copy, derive and tinker with
the contents of the tarball to your heart's content
to make it run on your systems (copyright, cfr Lee
Hollaar's posts). But the moment you want to 
distribute the copies, or the derivative works,
you cannot invoke first sale as only applies to the
work you downloaded, not to copies, and you cannot
extract a single file from a tarball, combine it
with other programs, and produce a binary without
making at least one copy in the process.

Time's up, thanks for playing.

-- 
Stefaan
-- 
"What is stated clearly conceives easily."  -- Inspired sales droid