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From "Justin Erenkrantz" <jus...@erenkrantz.com>
Subject Re: fair use (was Re: What licenses in category X satisfy criterion #2?)
Date Wed, 12 Mar 2008 00:23:41 GMT
On Tue, Mar 11, 2008 at 4:01 PM, Joe Schaefer <joe_schaefer@yahoo.com> wrote:
>  But I did not say "linking", which is a relationship
>  between two binary files, I said "using".  In C,
>  there is a concept known as loadable modules.  It
>  is my opinion that a closed source distributor of
>  loadable modules for httpd may package some GPL'd
>  modules into their distribution, and as long as
>  they honor the terms of the GPL on those modules,
>  they need not do so on the others.  Even if those
>  other proprietary modules make optional calls into
>  the GPL modules' interfaces.

At the very least, this is at odds with the perspective of many people
who release GPL software.  Simply invoking any GPL code (ie your
'using') is enough that they intend that you release all of your code
as GPL.  GregKH says in
http://www.kroah.com/log/linux/ols_2006_keynote.html

"Closed source Linux modules are illegal."

(Search for: "So, here's the simple answer to this issue:"...)

Back to what you started off with:
---
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.
---

So, while the license or even the underlying copyright law may or may
not be clear, many GPL authors are quite clear that they view any such
'glue' as a derived work.  As such, I sort of doubt we would go
against their express desires - even if we could legally do so.  --
justin

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