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Re: Do I have to release the patch for a GPL software under GPL?


From: Alexander Terekhov
Subject: Re: Do I have to release the patch for a GPL software under GPL?
Date: Fri, 12 May 2006 00:19:54 +0200

"Alfred M. Szmidt" wrote:
[...]
> Ask yourself the following, and all your questions will be answered:
> Does the patch work without the GPLed software?  If it doesn't, then
> it is clearly a deriviate work.  

It may well be a "deriviate" work (whatever that means in the GNU 
Republic). But this "test" has absolutely nothing to do with the 
legal meaning of "derivative" regarding computer program works --
stuff protected under Berne Convention as literary works (and, 
under US case law, modulo the AFC test).

regards,
alexander.


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