David Kastrup wrote:
[...]
> While the SDK library is not derived from Qt, the complete example
> program is derived from both SDK library and Qt.
^^^^^^^
Hey ldb, GNUtian dak means "GNU-derived" (see unwritten GNU Copyleft
Act). It has really nothing to do with software "derivative works"
under copyright which protects software as literary works modulo the
AFC test.
http://digital-law-online.info/lpdi1.0/treatise27.html
------
Some have claimed that an application program that needs a library
for its operation is a derivative work of that library. They take
that position because the application program is based on the
library because it was written to use the subroutines and other
aspects of the library.
Such a position is misplaced.
[...]
It could be argued that the component program really does include
portions of the library that it uses data structures that are
passed as parameters, or even the parameter lists themselves. But
elements dictated by external considerations are filtered out when
trying to determine whether there is copyright infringement.
No other conclusion makes sense. If it were not the case, then any
program using the applications program interfaces (APIs) of an
operating system could be considered a derivative work of that
operating system. And, under the exclusive right to prepare
derivative works, the copyright owner of an operating system such
as Microsoft Windows could control who was allowed to write
programs for that operating system.
------
Same author also wrote this:
------
One can tie oneself in knots trying to make sense of the GPL and
the statements made about it. It ignores provisions of the copyright
statutes that allow the modification or redistribution of works
without permission of the copyright owner. It talks about "derived"
works which don't seem to be the same as "derivative works." And
the explanations from RMS and others often make little sense, as
in the case where something was a derived work until somebody wrote
a non-GPLed math library compatible with the GPLed one.
------
Consider also
http://www.catb.org/~esr/Licensing-HOWTO.html
<quote>
consider the case of two scientific papers which reference each other.
The fact that paper B calls paper A (references it for support) does
not make B a derivative work of A. This remains true whether B and A
are published together in a symposium (analogous to static linkage) or
separately (analogous to dynamic linkage). Computer programs are
defined in 17 USC as literary works
</quote>
Note also that exclusive distribution right is severely limited by
"first sale".
Finally, regarding ESR's statement "FSF has stated its willingness to
go to court for this position", don't believe it.
http://novalis.org/talks/lsm-talk-2004/slide-31.html
<quote copyright=Free Software Foundation>
Don't go to court
FSF hasn't.
Court is expensive
Judges don't understand technology
"Is static linking like two icons on one desktop?"
-Judge Saris, MySQL v. Nusphere oral argument
</quote>
Translation: the FSF doesn't really believe that they could fool a
judge into buying
http://web.novalis.org/talks/compliance-for-developers/slide-49.html
[begin textual copying copyrightFree Software Foundation]
July 27, 2004 GPL Compliance for Software Developers Legal notes
----------------------------------------------------------------
Legal notes
Static linking creates a derivative work through textual copying
Most dynamic linking cases involve distributing the library
Still a derivative work:
Dynamic linking
Distributing only the executable (testtriangle)
Still a derivative work:
Distributing the source code of software which links to a library
[end textual copying]
FSF's "legal notes" idiocy.
regards,
alexander.
_______________________________________________
gnu-misc-discuss mailing list
gnu-misc-discuss@gnu.org
http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
