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Re: GPL traitor !


From: Hyman Rosen
Subject: Re: GPL traitor !
Date: Mon, 11 May 2009 18:13:55 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Alan Mackenzie wrote:
If it's an extension, it's not written from scratch.

Why in the world not? An extension is a computer program which
extends (duh!) the functionality of another. Nothing about such
a program demands that it cannot be written starting with a blank
sheet of paper.

It fits into the framework of existing code,

which is a fancy way of saying it incorporates the code, conventions and
data structures of the existing code.

Nothing of the sort. Such a program may need to be written a stylized
manner, but this has nothing to do with the literal copying of the text
of the program which it extends.

No, I'm not claiming it, it's an essential term of the GPL.

Again, what the GPL says is irrelevant unless there is a reason based
on copyright law for the GPL to apply to the new code.

It only applies when the extension is an essential part of the original,
> as opposed to a coherent work in its own right.

Copyright law does not care whether a work is "coherent". Copyright law
applies to the text of the computer program. It is irrelevant that from
a functional point of view the new code is designed to be fit together
with existing code.

Copying almost certainly did take place.  How can you write for a
software platform without copying its system interface?

You do not copy anything. The compiled program invokes the system
interface. Copyright law does not prevent the invocation of methods.


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