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Re: Use of GPL'd code with proprietary programs

From: Rui Miguel Seabra
Subject: Re: Use of GPL'd code with proprietary programs
Date: Wed, 07 Jul 2004 22:05:44 +0100

On Wed, 2004-07-07 at 18:50 +0000, Tim Smith wrote:
> On 2004-07-07, Rui Miguel Seabra <> wrote:
> > *sigh* no. No one said CPL'ed works are derivate works of GPL'ed works.
> >
> > Only that the end result is a derivate of both works.
> >
> > If one can't work without the other it's not mere aggregation.
> By that argument, video games for console systems are derivative works of
> the console system firmware, and it would be a copyright violation to make a
> video game for such a system without permission.

IIRC it usually is. You have to license the right to make a game to the
console, because the SDKs are tipically very private.

With GNU/Linux, Linux and the glibc don't require that, though.

> That's not how its come out in court, so there seems to be a flaw in your
> theory of what makes a derivative work.

I should believe your statement out of thin air?


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