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Re: Recommendation for a CL data structures library


From: Alexander Terekhov
Subject: Re: Recommendation for a CL data structures library
Date: Tue, 04 May 2010 16:11:11 -0000

Hyman Rosen wrote:
> 
> On 3/25/2010 12:59 PM, Alexander Terekhov wrote:
> > Hyman, please stop ignoring the facts.
> 
> And in fact, "mere aggregation" means exactly what the FSF wants
> it to mean, not more and not less, because "mere aggregation" is
> not a term defined by copyright law but a term defined by a license,
> and as such it is to the license that one must go to to see if some
> combined work is a "mere aggregation" or not. It is clear from the
> text of the GPL that a statically linked program is not a "mere
> aggregation" of its components.

Clear to whom?

http://www.rosenlaw.com/Rosen_Ch06.pdf

"Finally the GPL directly addresses the distribution of collective
works, noting that the GPL does not apply to them:

  ...In addition, mere aggregation of another work not based
  on the Program with the Program (or with a work based on
  the Program) on a volume of a storage or distribution medium
  does not bring the other work under the scope of this License.
  (GPL section 2.)

This sentence seems to mean that only derivative works are
covered by the GPL reciprocity provision, and that “mere
aggregation” of separate works onto common media (or common
computer memory?) does not require reciprocity, even if
those mere aggregations are distributed in one unit (i.e., “as
part of the whole”).  "

http://www.terekhov.de/Wallace_v_FSF_37.pdf

"In fact, the GPL itself rejects any automatic aggregation of software
copyrights under the GPL simply because one program licensed under the
GPL is distributed together with another program that is not licensed
under the GPL: "In addition, mere aggregation of another work not based
on the Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the other
work under the scope of this License." Plaintiff's mischaracterization
of the GPL in his Response has no bearing on the resolution of the
pending Motion to Dismiss because the Court can examine the GPL itself.
"[T]o the extent that the terms of an attached contract conflict with
the allegations of the complaint, the contract controls." Centers v.
Centennial Mortg., Inc., 398 F.3d 930, 933 (7th Cir. 2005)"

Philip A. Whistler (#1205-49)
Curtis W. McCauley (#16456-49)
Attorneys for Defendant, Free Software Foundation, Inc.

ICE MILLER
One American Square Box 82001
Indianapolis, IN 46282-0002
317.236.2100

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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