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Re: Use of GPL'd code with proprietary programs

From: Tim Smith
Subject: Re: Use of GPL'd code with proprietary programs
Date: Wed, 07 Jul 2004 18:57:13 GMT
User-agent: slrn/ (Linux)

On 2004-07-07, Rui Miguel Seabra <> wrote:
> Book references have zero in common with software libraries.
> You can read the book without looking at the references.
> You can't run the program without the software libraries.
> See the light?

Suppose X requires Y to function.  Later, someone provides Y2, which is a
compatible clean-room implementation of Y, so that X will function with Y2.
Under your interpretation, X would be a derivative work of Y up until the
time Y2 is written, and then would no longer be a derivative work.

This is legally absurd.  The status of X as a derivative work of something
is dependent entirely on conditions at the time of creation of X.  It cannot
change by the subsequent creation of new works.

The relationship "depends on in order to function" is simply outside the
scope of copyright law.

--Tim Smith

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