[Date Prev][Date Next]   [Thread Prev][Thread Next]   [Thread Index] [Date Index] [Author Index]

Re: Fedora Freedom and linux-libre



Alexandre Oliva wrote:

Here, take this program here:

http://www.lsd.ic.unicamp.br/~oliva/papers/vta/example.c

What do you think you're entitled to do with it as it stands?

Assuming it is permitted for me to get a copy in the first place, then I have fair use of it. I could link my copy with anything else I wanted. And I could give away my work that called it and some other code.

Now, if I tell you, I license it to you under the GPL, and you accept
it.  what you you think you're no longer entitled to do with it?

Then I couldn't give my additional work away to other people to use with their own copies of your work and third party libraries. They could hire me to re-invent it, but I couldn't distribute my work.

No one but the FSF claims that a patch is a derived work

How would you defend the claim that something that literally copies
portions of a copyrightable work is not?

It's fair use, but I'd settle for being able to do a line-numbered edit script that didn't not copy any original material. Or a completely separate work that linked two differently licensed libraries that are not included.

or a separate component that links 2 others together but doesn't
contain a copy of the others.

Even dynamic linking copies portions of the dynamic libraries.  We've
covered that already.

Yes, we covered the fact that everyone else permits it.

Try to create a derived work based on say Microsoft Windows or
Microsoft Word, if you happen to have them around, and to distribute
it, and see what happens.

I'm not sure what you are talking about.

Try creating a work based on internal DLLs, for which you have no
"developer" permissions.

Again, I have never heard of any prohibition against sharing such a thing with anyone who has their own copy of all required components.

It doesn't.  Your own original work can't possibly be a derived work.

Difference of opinion, I guess. The FSF says otherwise

No, it doesn't, and the GPL itself confirms that.  There's a
difference between "your own original work" and "the derived work you
created out of a pre-existing third-party's work".  The above is about
the former, as you can probably tell from the similarity in spelling ;-)

if the resulting 'work as a whole' would be be a derived work,

Then it's not "your own original work"

Define whose work it is, then. Take the case of an original program that links with two other libraries. It is entirely conceivable and fairly likly that compatible GPL and non-GPL libraries will be available and it is the end users choice at compile/run time. Who owns this work?

It is a matter of circumstance whether the alternatives exist or not and you may not even know. And such a bizarre definition changes from day to day. One day the RIPEM code was a derived work because it linked to the gmp library. With no changes to the code itself, it became not a derived work because the unrestricted fgmp library existed - even though no one really used it.


Without the GPL, I can give you a copy of my original work that
links to that library

Only if the copyright holder of the library granted you permission to
distribute your derived work.

That's just not true.

--
  Les Mikesell
   lesmikesell gmail com


[Date Prev][Date Next]   [Thread Prev][Thread Next]   [Thread Index] [Date Index] [Author Index]