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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: fair use (was Re: What licenses in category X satisfy criterion #2?)
Date Tue, 11 Mar 2008 23:01:51 GMT

--- Robert Burrell Donkin <rdonkin@apache.org> wrote:

> 
> On Wed, 2008-03-05 at 07:37 -0800, Joe Schaefer
> 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.
> 
> that depends on what you mean by derivative work :-)
> 
> AIUI the GPL 2.0 includes a redefinition of the
> term. if you accept the
> license, the FSF claims that you agree to play by
> their rules. this
> linking scenario is definitely what the FSF had in
> mind when they drew
> up the GPL and (in the past) they have been
> aggressive in enforcing
> these provisions.

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.



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