On Thu, 2005-13-01 at 19:19 +0000, Andrew Suffield wrote: > On Thu, Jan 13, 2005 at 08:02:57PM +0100, M?ns Rullg?rd wrote: > > > Derivation is something that happens when you *write* the program. Not > > > when you build it. > > > > How many times does it have to be stated that *using* an API does not > > form a derivative work of *any* implementation of the API? > > More irrelevancy. Using an API is just a method for utilising part of > another work. It may or may not be a derivative. This is just a > variation on the 'linker' noise.
Maybe, but then you should have your own, non-GPLed implementation of these APIs agains which you're compiling your code. Ie. glibc has its own collection of kernel headers. Now, what we observe here, is that a GPL-incompatible code is explicitely compiled agains headers (.class files for that matter) that are GPLed. Even according to Linus such "use" is not permitted http://seclists.org/lists/linux-kernel/2003/Dec/1042.html It seems though you could compile your code against another set of headers (.class files), that does not cause license conflict and it would be OK. We do not have to push interpretation of GPL as far as to claim copyrightability of the interfaces. Using GPLed implementation of such interface to create your work does however create a derivative work. Grzegorz B. Prokopski -- Grzegorz B. Prokopski <[EMAIL PROTECTED]> SableVM - Free, LGPL'ed Java VM http://sablevm.org Why SableVM ?!? http://sablevm.org/wiki/Features Debian GNU/Linux - the Free OS http://www.debian.org