>That's not the sticky part.  The sticky part is making your "own code"
>that is in fact based on a work by someone else that is under GPLv2.

This very much hinges on the fact that "based on" can be taken to
mean "calls interfaces in"; untenable.

Secondly, in order to write the code "based on" the GPL'ed code, there is
no requirement to enter into this "contract".

Clearly, it cannot be a contract and in fact, the license spells this out:

   5. You are not required to accept this License, since you have not
 signed it.  However, nothing else grants you permission to modify or
 distribute the Program or its derivative works.  These actions are
 prohibited by law if you do not accept this License.  


This statement is only true if the copyright law is meant; clearly when
you copy no line of code from the original, then the copyright law does
not apply as you did not copy anything.

As you only need to enter into a contract when redistributing, the whole
"based on but not containing anything from the original code" thing falls
flat on its face.

Casper

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