Re: Problem with GPLv3 FAQ about linking with Visual C++

[Hyman Rosen]

On 2/3/2010 2:15 PM, Alexander Terekhov wrote:
> A "work based on the Program" is a modified version which is a
> derivative work.

No. A "work based on the Program" is a work which contains all
or part of the Program, transformed or not. It may be a derivative
work if it substantially modified, but more likely it is only a
combined work.

> > it is wholly incorporated by linking.
>
> Quoting Hyman in his sane mode:
>
> :>  Linking, either dynamically or statically, does not
> :>  constitute a significant auctorial transformation of
> :>  an existing work, and therefore the person performing
> :>  the link step does not gain copyright to a derivative
> :>  work, since no such work is created.
>
> Now go take your meds again and witness that your insane suggestion
> about linking creating a modified/derivative work is utter bull.

A program statically linked with a library is not a derivative
work of that library because no auctorial transformation of the
library has taken place. However, the linked program is a combined
work, analogous to an anthology, and such a work requires permission
from the rights holders of each component before it may be copied
and distributed. Permission for incorporation into a combined work
must be sought separately for each instance of incorporation.