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Re: GPL confusion


From: Alexander Terekhov
Subject: Re: GPL confusion
Date: Sat, 22 May 2004 17:28:31 +0200

yeah@nothanks.com wrote:
[...]
> Suppose I want to use MySQL as a database under MySQL AP's GPL option.
> Does merely using it as a database invoke the GPL requirement on my
> Widget Tracker app?

No.

Copyright protects software as literacy works. Things like "in order 
to operate"/"whole program"/etc are completely irrelevant. External 
elements (stuff from headers and alike) are filtered out by the AFC 
test when trying to determine whether there is copyright infringement. 
The copyright law does NOT establish exclusive right to "combine" 
works. FSF's theory of derivative works (just like the sort of "FSF-
inspired" SCO's theory of derivative works) is total crap. Expansive 
FSF's claims are barred by the doctrine of copyright misuse and the 
doctrine of first sale.

regards,
alexander.

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