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Re: Use of GPL'd code with proprietary programs


From: Alexander Terekhov
Subject: Re: Use of GPL'd code with proprietary programs
Date: Sat, 10 Jul 2004 18:29:22 +0200

Rainer Weikusat wrote:
[...]
> very simple: You have a work that consists of two separately
> copyrighted works, one of them GPL and one them not. So you can either
> put the combined work under GPL or leave the GPL parts out, because
> you have no right to use them in this way if you don't GPL the
> whole. The separate copyright is not affected by this, ie you are free
> to use that in other contexts, when not combined with GPLed works, as
> you please.

Grantback doesn't need to be exclusive to trigger misuse. The scope
of the "grantback provision" is what determines misuse. 

<quote>

the Copyright Act's grant of rights does not extend to unrelated works 
or preexisting (and therefore necessarily nonderivative) works, and 
using the copyright license to extract such rights exceeds the scope 
of the copyright grant.

</quote>

regards,
alexander.


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