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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 Wed, 05 Mar 2008 16:39:24 GMT

--- Sam Ruby <rubys@intertwingly.net> wrote:

> On Wed, Mar 5, 2008 at 10:37 AM, Joe Schaefer
> <joe_schaefer@yahoo.com> wrote:
> >
> >  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.


> 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.

So there are two issues as far as copyright goes then,

1) what is the licensing on the tarball we distribute,
2) what is the licensing on the executable that the
   user (ie second party) actually runs?

For dependencies on optional works that we do not
distribute, I don't think the ASF should be in the
businesss of policing what a user selects for 
his/her preferred runtime.  The current policy
does try to say that somewhere, but then seems
to back-peddle when discussing GPL stuff.

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