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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: Mon, 12 Jul 2004 08:52:30 +0200

Rui Miguel Seabra wrote:
[...]
> > 2.  Is source code with an include directive a derivative work based on
> > whatever file the include directive points to?
> 
> Irrelevant. What is relevant is:
>   Is the new work the same without including the file?
>   Is it 100% the same? I bet the compiler would say it isn't...
> 
>   So it is a derivate work.

Include directive just tells the compiler to "go read/process this" 
("conventional" precompiled headers and a bit more advanced stuff 
like IBM VACPP 4.0 [RIP] aside for a moment). The *listing* files 
usually do "include" all headers stuff (mostly non-copyrightable/
non-infringing anyway) and do form compilations (again, *not* 
derivative works), but <LENSES ON> I'm not distributing any listing 
files <LENSES OFF>, mini-me.

regards,
alexander.


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