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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 Sat, 15 Mar 2008 04:37:17 GMT
On Fri, Mar 14, 2008 at 7:52 PM, Joe Schaefer <joe_schaefer@yahoo.com> wrote:
>  To me, that seems to say that copying the bits of a
>  file from the filesystem to into main memory isn't
>  infringing copyright, so I don't understand the FSF's
>  position here.  Can anyone here enlighten me about it?

FWIW, I pointed this thread out to folks from SFLC and they were
boggled that there's even a question here as they fully intend that
GPL applies to anything that uses it no matter the technique.  They
bristled at the word 'viral', but it's not an entirely off-base
metaphor - if GPL enters the running code in any manner, the
FSF/SFLC's position is that the entire program must be GPLed unless
there is a written exception.  Linux contains a written exception[1]
permitting "user-space" programs to be non-GPLd - without that
exception, FSF/SFLC's position would be that *all* code running under
Linux would have to be released under the GPL.  Note that this
exception, as discussed before, doesn't apply to Linux kernel modules
- hence their position is that all kernel modules must be GPL'd.

Whether or not their views of derived works will hold up in a court of
law is something I'm sure the SFLC would love to be able to test in
court.  Again, I don't care - at the moment - for Apache to be that
guinea pig.  =)  -- justin

1.   From COPYING:
 NOTE! This copyright does *not* cover user programs that use kernel
 services by normal system calls - this is merely considered normal use
 of the kernel, and does *not* fall under the heading of "derived work".
 Also note that the GPL below is copyrighted by the Free Software
 Foundation, but the instance of code that it refers to (the Linux
 kernel) is copyrighted by me and others who actually wrote it.

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