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Re: Use of GPL'd code with proprietary programs


From: Martin Dickopp
Subject: Re: Use of GPL'd code with proprietary programs
Date: Sat, 10 Jul 2004 14:58:10 +0200
User-agent: Gnus/5.1006 (Gnus v5.10.6) Emacs/21.3 (gnu/linux)

address@hidden (Christopher C. Stacy) writes:

> By "dynamically linked", I am referring to the scenario described
> in my original message:  a non-GPL'd program begins executing and 
> at that point requests that a library be called into memory.  
> If the user happens to supply a library that is GPL'd, that does 
> not somehow create any derivative work. It just means you have two
> programs in memory at the same time, communicating with each other.

I think we can agree to disagree here.  This has already been discussed
so many times that it's unlikely that either one of us will come up with
a new argument.

> A third scenario would be a Java JAR file.  In what way is this
> different than a TAR file, which is merely an aggregation?

Obviously, a work does not become a derivative of another work just
because both are put into the same archive file.  OTOH, the fact that
two files are in the same archive does not guarantee that one is /not/ a
derivative of the other - it is easy to put a derivative work together
with the original work in the same TAR file.  Therefore, I think the
fact that two files are in the same archive is irrelevant in judging if
one is a derivative of the other.

I'm not familiar with how Java works, but I'm suspicious of any claim
that the fact that two files are in the same archive can be used to
decide (in either direction) whether one is a derivative work of the
other.

Martin


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