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From sebb <seb...@gmail.com>
Subject Re: fair use (was Re: What licenses in category X satisfy criterion #2?)
Date Wed, 05 Mar 2008 16:05:44 GMT
On 05/03/2008, Sam Ruby <rubys@intertwingly.net> wrote:
> On Wed, Mar 5, 2008 at 10:37 AM, Joe Schaefer <joe_schaefer@yahoo.com> wrote:
>  >
>  > --- Ralph Goers <Ralph.Goers@dslextreme.com> wrote:
>  >
>  >  > Criteria #2 refers to licenses like the GPL
>  >  > which says in part
>  >  >
>  >  > > The "Program", below,
>  >  > > refers to any such program or work, and a "work
>  >  > > based on the Program"
>  >  > > means either the Program or any derivative work
>  >  > > under copyright law:
>  >  > > that is to say, a work containing the Program or a
>  >  > > portion of it,
>  >  > > either verbatim or with modifications and/or
>  >  > > translated into another
>  >  > > language.
>  >
>  >  > So any program which uses a library licensed under
>  >  > the GPL must also be
>  >  > licensed under the GPL as they would be considered
>  >  > to be derivative
>  >  > works.
>  >
>  >  I will repeat my statement that a license
>  >  is not the arbiter of what is or is not a derivative
>  >  work.  The question to me is whether or not writing
>  >  some glue code to interface with some 3rd party
>  >  GPL'd code qualifies as fair use, and is therefore
>  >  not considered by the courts as a derivative work.
>  >
>  >  I believe this is in fact the case, but would
>  >  appreciate it if someone skilled in these matters
>  >  would offer an opinion here.
>
>
> I am not a lawyer, and undoubtedly what I am about to say will be
>  oversimplifying things greatly, and I trust that any real lawyers or
>  real experts will correct me if I go too far astray.  Anyway, here
>  goes:
>
>  If we develop something, we can put what we develop under any license
>  that we so chose.
>
>  If we distribute something that is produced by a third party, we can
>  only distribute it under the terms and conditions that they allow.
>
>  Sometimes our downloads include code from third parties.  We are
>  clearly responsible for following the terms and conditions of those
>  licenses in such circumstances.
>
>  Sometimes our downloads do not include code from third parties.  That
>  may free us from obligation, but it is important to realize that it is
>  our intention to enable licensees of our code (this would be the
>  "second" parties involved in this third party discussion) to do with
>  as they please -- limited only by the the terms and conditions
>  specified in our license.  This includes uses ranging from being put
>  into Linux distros to being put in commercial products.
>
>  Our code having dependencies that would be incompatible with any or
>  all such uses effectively defeats the purpose behind us selecting such
>  a liberal license.
>

When the pages that describe the rules are updated, IMO it would be
very helpful to have such a "statement of intent" as part of the
introduction/overview.

>  - Sam Ruby
>
>
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