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Re: Use of GPL'd code with proprietary programs
From: |
Alexander Terekhov |
Subject: |
Re: Use of GPL'd code with proprietary programs |
Date: |
Tue, 06 Jul 2004 11:40:37 +0200 |
Arnoud Engelfriet wrote:
[...]
> This interpretation is based on the assumption that linking creates a
> so-called derivative work under copyright law. As far as I know there
> is no case law on this point, so it is difficult to be certain about
> this. I would expect a prudent lawyer to recommend to his clients to
> interpret the license in the 'worst' light, i.e. to assume that
> linking does create a derivative work.
http://www.linuxdevices.com/files/misc/asay-paper.pdf
(by Matt Asay, written for Professor Larry Lessig)
<quote>
as Jerry Epplin has written, kernel developers have consistently
supported such an open interpretation by accepting the presence of
proprietary hardware drivers. This tolerance of proprietary drivers
has held for a very long time, and numerous hardware manufacturers
currently depend on it.42 This essentially means that the core of
the system is off-limits (for tampering without sharing), but that
the core is open as an acceptable platform to build upon by creating
programs that leverage its functionality without stealing that
functionality and calling it one's own. This reading of the GPL has
become so prevalent in the past year that Stallmans opinion on the
matter is largely irrelevant. The GPL has effectively merged with
the industry standard reading of derivatives in US software law.
</quote>
http://www.pbwt.com/Attorney/files/ravicher_1.pdf
(Software Derivative Work: A Circuit Dependent Determination)
No judge in his right mind can ever consider linking to be
exclusive privilege of software copyright owner.
http://www.law.cornell.edu/copyright/cases/125_F3d_580.htm
(try to apply the same logic to software copies).
regards,
alexander.
- Re: Use of GPL'd code with proprietary programs, (continued)
Re: Use of GPL'd code with proprietary programs, Per Abrahamsen, 2004/07/05
Re: Use of GPL'd code with proprietary programs, Arnoud Engelfriet, 2004/07/05
Message not available
Re: Use of GPL'd code with proprietary programs, Arnoud Engelfriet, 2004/07/06
Message not availableRe: Use of GPL'd code with proprietary programs,
Alexander Terekhov <=
Re: Use of GPL'd code with proprietary programs, Arnoud Engelfriet, 2004/07/06
Message not availableRe: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/06
Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/06
Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/06
Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/06
Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/06
Re: Use of GPL'd code with proprietary programs, David Kastrup, 2004/07/06
Re: Use of GPL'd code with proprietary programs, Barak Zalstein, 2004/07/06
Re: Use of GPL'd code with proprietary programs, Alexander Terekhov, 2004/07/06
Re: Use of GPL'd code with proprietary programs, Barak Zalstein, 2004/07/06