Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Alexander Terekhov
On 9/16/05, Dalibor Topic [EMAIL PROTECTED] wrote: Alexander Terekhov wrote: My, what a lunacy. Regarding FSF's derivative works theory, I suspect that the FSF objective is to establish basis for insanity defense -- the only thing that might help when someone finally decides to go after

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Dalibor Topic
Alexander Terekhov wrote: On 9/16/05, Dalibor Topic [EMAIL PROTECTED] wrote: Alexander Terekhov wrote: My, what a lunacy. Regarding FSF's derivative works theory, I suspect that the FSF objective is to establish basis for insanity defense -- the only thing that might help when someone

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Alexander Terekhov
On 9/16/05, Dalibor Topic [EMAIL PROTECTED] wrote: [...] Are you asking to put FSF's officers in jail? I'm not an Attorney General. But to fulfill your curiosity, I'd rather extradite the entire gang to North Korea with no right to return. regards, alexander.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Humberto Massa Guimarães
We SHOULD be taking an individual work and analyzing it for creative content. Not cooking up arbitrary hypotheses and pretending they mean something I am going to try taking some hours this weekend and verify one of the programs + libcurl + openssl cases. I'll get back to you next week. I

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Rich Walker
Alexander Terekhov [EMAIL PROTECTED] writes: On 9/14/05, Andrew Suffield [EMAIL PROTECTED] wrote: [...] As an anarchist I You're brainwashed GNUtian. Wow. I think that's the *least relevant* rejoinder I've ever seen. cheers, Rich. -- rich walker | Shadow Robot Company |

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Alexander Terekhov
On 9/16/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: [...] 1. the GPL can only restrict the distributions of an original work or its derivatives; Modulo first sale (which is nonexistent in the GNU Republic). and 2. the only way to determine if a work is a derivative work of

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Alexander Terekhov
On 9/16/05, Rich Walker [EMAIL PROTECTED] wrote: Alexander Terekhov [EMAIL PROTECTED] writes: On 9/14/05, Andrew Suffield [EMAIL PROTECTED] wrote: [...] As an anarchist I You're brainwashed GNUtian. Wow. Anarchists are anti-copyright and against fake free software.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-16 Thread Rich Walker
Alexander Terekhov [EMAIL PROTECTED] writes: On 9/16/05, Rich Walker [EMAIL PROTECTED] wrote: Alexander Terekhov [EMAIL PROTECTED] writes: On 9/14/05, Andrew Suffield [EMAIL PROTECTED] wrote: [...] As an anarchist I You're brainwashed GNUtian. Wow. Anarchists are anti-copyright

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Humberto Massa Guimarães
** Raul Miller :: On 9/12/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Assume every work eligible for copyright protection, for the sake of the argument, and for $DEITY's sake. AND we're talking ONLY about dynamic linking. AND, to boot, that those bits that end up in a

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Raul Miller
On 9/15/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Ok. This leaves open the question of how thin that protection would be (which in turn depends on the specific work(s) in question). But it does eliminate some scenarios. Assume that programX is a complex (1 SLOC) program,

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Humberto Massa Guimarães
** Raul Miller :: On 9/15/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Ok. This leaves open the question of how thin that protection would be (which in turn depends on the specific work(s) in question). But it does eliminate some scenarios. Assume that programX is a

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Alexander Terekhov
permission for a compilation work. Copyright doesn't establish exclusive right to prepare (original) compilations (the term compilation includes collective works). Compilation is entirely separate work from its constituents. You'd need permission to prepare a derivative compilation (by

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Alexander Terekhov
On 9/15/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: [...] The license on visual studio doesn't really matter here. What matters is the license on the SDK (which has fairly generous terms for stuff you write yourself). It follows that if sell a Windows program that you've made

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Raul Miller
On 9/15/05, Alexander Terekhov [EMAIL PROTECTED] wrote: On 9/15/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: [...] The license on visual studio doesn't really matter here. What matters is the license on the SDK (which has fairly generous terms for stuff you write yourself).

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Alexander Terekhov
On 9/15/05, Raul Miller [EMAIL PROTECTED] wrote: [...] It follows that if sell a Windows program that you've made without if you sell, I meant. Microsoft SDK which has generous terms (what are they, BTW?)... When you're talking about what you need to build generic programs I said

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Raul Miller
On 9/15/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: ** Raul Miller :: On 9/15/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Ok. This leaves open the question of how thin that protection would be (which in turn depends on the specific work(s) in question). But

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Raul Miller
On 9/15/05, Alexander Terekhov [EMAIL PROTECTED] wrote: On 9/15/05, Raul Miller [EMAIL PROTECTED] wrote: Microsoft SDK which has generous terms (what are they, BTW?)... When you're talking about what you need to build generic programs I said Windows program, not generic. A program that

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-15 Thread Dalibor Topic
Alexander Terekhov wrote: My, what a lunacy. Regarding FSF's derivative works theory, I suspect that the FSF objective is to establish basis for insanity defense -- the only thing that might help when someone finally decides to go after them. You may want to follow in the footsteps of Mr.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Andrew Suffield
On Tue, Sep 13, 2005 at 04:06:00AM +0200, Claus F?rber wrote: Andrew Suffield [EMAIL PROTECTED] schrieb/wrote: On Fri, Sep 09, 2005 at 05:52:00PM +0200, Claus F?rber wrote: So one of the assumptions made above is wrong. The one where you assumed that dynamic linking was relevent. I've

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Humberto Massa Guimarães
The difference is that when you talk about dynamic linking, the 'replacement' means fiddling with linker options or package dependencies. It is indeed nonsense to conclude that doing these things would change the copyright status of the program using the libraries. in the case of dynamic

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Andrew Suffield
On Wed, Sep 14, 2005 at 01:14:21AM +0200, Alexander Terekhov wrote: Hint: http://europa.eu.int/idabc/servlets/Doc?id=21197 (... Besides, too overbroad a viral effect ...) This document is a report from two french bureaucrats and one employee of Unisys corp, recommending methods of licensing

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Andrew Suffield
On Wed, Sep 14, 2005 at 01:20:17PM -0300, Humberto Massa Guimar?es wrote: I can't see how can programX possibly be a derivative work of libopenssl or of libnvossl. Can you please explain it to me, like if I was a four-year-old? You stole somebody else's work when you wrote programX. Piracy is

RE: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Humberto Massa Guimarães
You stole somebody else's work when you wrote programX. Piracy is wrong. You are destroying the hopes and dreams of an entire industry. [0] [0] This appears to be the way it is explained to four-year-olds You apparently do not have kids. Especially four-year-olds. Mine is already 6 and he

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Andrew Suffield
On Wed, Sep 14, 2005 at 01:53:10PM -0300, Humberto Massa Guimar?es wrote: Now seriously, can you please explain to me: 1. do you think programX is a derivative work of libopenssl? 2. why? 3. do you think programX is a derivative work of libnovossl? 4. why? I keep making questions, and

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Humberto Massa Guimarães
Now seriously, can you please explain to me: 1. do you think programX is a derivative work of libopenssl? 2. why? 3. do you think programX is a derivative work of libnovossl? 4. why? I keep making questions, and you keep giving me non-sequiturs. You keep asking questions that

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Alexander Terekhov
On 9/14/05, Andrew Suffield [EMAIL PROTECTED] wrote: [...] As an anarchist I You're brainwashed GNUtian. regards, alexander.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-14 Thread Raul Miller
On 9/12/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Assume every work eligible for copyright protection, for the sake of the argument, and for $DEITY's sake. AND we're talking ONLY about dynamic linking. AND, to boot, that those bits that end up in a compiled work by way of

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Claus Färber
Andrew Suffield [EMAIL PROTECTED] schrieb/wrote: On Fri, Sep 09, 2005 at 05:52:00PM +0200, Claus F?rber wrote: So one of the assumptions made above is wrong. The one where you assumed that dynamic linking was relevent. I've been saying that all along. You were also saying that C is probably

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Alexander Terekhov
On 9/12/05, Yorick Cool [EMAIL PROTECTED] wrote: [...] Well, either you consider the FSF's positions are authoritative and then you have to accept them all (including the dynamic linking business), or you admit you can depart with any of their assertions. And where can I find more details

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Steve Langasek
On Tue, Sep 13, 2005 at 09:51:29PM +0200, Alexander Terekhov wrote: And, as an aside, in civil law at least, the court has full power as to how to qualify an act -- say it is a contract, or license, or whatever -- but is bound by the parties intent of the act's intended effects, in the

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Yorick Cool
On Tue, Sep 13, 2005 at 09:51:29PM +0200, Alexander Terekhov wrote: Alexander On 9/12/05, Yorick Cool [EMAIL PROTECTED] wrote: Alexander [...] Alexander Well, either you consider the FSF's positions are authoritative and then you have to Alexander accept them all (including the dynamic linking

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Alexander Terekhov
On 9/14/05, Yorick Cool [EMAIL PROTECTED] wrote: [... FSF: assert(!is_contract(GPL)); ...] Alexander Well, either you consider the FSF's positions are authoritative and then you have to Alexander accept them all (including the dynamic linking business), or you admit Alexander you can

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Steve Langasek
On Wed, Sep 14, 2005 at 01:14:21AM +0200, Alexander Terekhov wrote: However, nothing else grants you permission to modify or distribute the Program or its derivative works. That may be true in the GNU Republic. Exclusive distribution right is about copies (material objects), not works.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-13 Thread Alexander Terekhov
On 9/14/05, Steve Langasek [EMAIL PROTECTED] wrote: On Wed, Sep 14, 2005 at 01:14:21AM +0200, Alexander Terekhov wrote: However, nothing else grants you permission to modify or distribute the Program or its derivative works. That may be true in the GNU Republic. Exclusive

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Yorick Cool
On Sun, Sep 11, 2005 at 11:20:51PM -0700, Michael K. Edwards wrote: Michael Are you saying these people are on record in believing that the GPL Michael works in the sense we are discussing -- forbidding the distribution, Michael on terms other than the GPL's, of code that uses a GPL library (or

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Humberto Massa Guimarães
** Raul Miller :: On 9/9/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Raul, 90% of your questions (below) are rethoric. Given the context, I haven't a clue what that means. This could be anywhere from begging the question to a desire to focus on some useful 10% of my questions.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Alexander Terekhov
Yorick Cool wrote: [...] The reasoning is pretty simple. As Sean said, it is based on the understanding that the GPL is a contract. Yeah. Except that everybody and his dog knows that the FSF's position is that GPL != contract. Moglen and RMS now call it The Constitution (of the GNU

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Yorick Cool
On Mon, Sep 12, 2005 at 09:22:27PM +0200, Alexander Terekhov wrote: Alexander Yorick Cool wrote: Alexander On Fri, Sep 09, 2005 at 02:32:13PM -0700, Michael K. Edwards wrote: Alexander Michael On 9/9/05, Andrew Suffield [EMAIL PROTECTED] wrote: Alexander Michael I am acutely disinterested in

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Yorick Cool
On Mon, Sep 12, 2005 at 09:39:14PM +0200, Alexander Terekhov wrote: Alexander Yorick Cool wrote: Alexander [...] Alexander The reasoning is pretty simple. As Sean said, it is based on the Alexander understanding that the GPL is a contract. Alexander Alexander Yeah. Except that everybody and

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Alexander Terekhov
On 9/12/05, Yorick Cool [EMAIL PROTECTED] wrote: [...] Alexander Larry Lessig? Alexander Alexander CC share-alike licenses don't try to infect compilations (collective Alexander works). So? That changes nothing to the fact Lessig considers the GPL -- the license we're talking about

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-12 Thread Alexander Terekhov
Michael K. Edwards wrote: [...] I will grant you Lawrence Lessig even though a few minutes' Googling http://www.google.com/search?q=Lessig+GPL+insane yields http://weblog.ipcentral.info/archives/2005/02/thoughts_on_sof.html Quite refreshing. ;-) quote Similar concerns from an another

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-11 Thread Yorick Cool
On Fri, Sep 09, 2005 at 02:32:13PM -0700, Michael K. Edwards wrote: Michael On 9/9/05, Andrew Suffield [EMAIL PROTECTED] wrote: Michael I am acutely disinterested in that debate because it's long and Michael boring, but there's a lot of law professors who like it and think that Michael the

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-10 Thread Raul Miller
On 9/9/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Raul, 90% of your questions (below) are rethoric. Given the context, I haven't a clue what that means. This could be anywhere from begging the question to a desire to focus on some useful 10% of my questions. Assume every work

RE: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Humberto Massa Guimarães
On Thu, Sep 08, 2005 at 04:22:18PM -0300, Humberto Massa Guimar?es wrote: If you're going to make an argument at odds with established understanding and industry practice then you'll have to come up with more than that. There's an awful lot of lawyers and law professors who

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Claus Färber
Andrew Suffield [EMAIL PROTECTED] schrieb/wrote: You are the one who is supposedly attempting to offer an argument here. Not me. I'm just telling you why yours is broken. You are actually creating straw mans which are broken. The original argument isn't. The argument, simplified, basically

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Raul Miller
On 09 Sep 2005 17:52:00 +0200, Claus Färber [EMAIL PROTECTED] wrote: The argument, simplified, basically goes like this: 1. Program A is licensed under the GPL. = Debian can distribute A. Library M is licensed under the GPL. = Debian can distribute M. Program B is a derivative of A,

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Humberto Massa Guimarães
Raul, 90% of your questions (below) are rethoric. Assume every work eligible for copyright protection, for the sake of the argument, and for $DEITY's sake. AND we're talking ONLY about dynamic linking. AND, to boot, that those bits that end up in a compiled work by way of being in a .h file (for

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 05:52:00PM +0200, Claus F?rber wrote: So one of the assumptions made above is wrong. The one where you assumed that dynamic linking was relevent. I've been saying that all along. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 09:54:04AM -0300, Humberto Massa Guimar?es wrote: On Thu, Sep 08, 2005 at 04:22:18PM -0300, Humberto Massa Guimar?es wrote: If you're going to make an argument at odds with established understanding and industry practice then you'll have to come up with

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Måns Rullgård
[EMAIL PROTECTED] (Claus Färber) writes: Andrew Suffield [EMAIL PROTECTED] schrieb/wrote: You are the one who is supposedly attempting to offer an argument here. Not me. I'm just telling you why yours is broken. You are actually creating straw mans which are broken. The original argument

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Måns Rullgård
Andrew Suffield [EMAIL PROTECTED] writes: On Fri, Sep 09, 2005 at 09:54:04AM -0300, Humberto Massa Guimar?es wrote: On Thu, Sep 08, 2005 at 04:22:18PM -0300, Humberto Massa Guimar?es wrote: If you're going to make an argument at odds with established understanding and industry

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 09:30:17PM +0100, M?ns Rullg?rd wrote: No, you are not telling me why my argument is broken. If you are trying, you're not being very clear. Why is my argument broken exactly? By trivially continuing it to the next obvious point, it concludes that the GPL doesn't

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-09 Thread Michael K. Edwards
On 9/9/05, Andrew Suffield [EMAIL PROTECTED] wrote: I am acutely disinterested in that debate because it's long and boring, but there's a lot of law professors who like it and think that the GPL does work. I suggest you go argue with them instead. Name one other than Mr. Moglen. - Michael

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sven Luther
On Wed, Sep 07, 2005 at 04:08:51PM -0700, Mark Rafn wrote: On Wed, 7 Sep 2005, Joe Smith wrote: It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking the .o's of the library directly with your program is

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Måns Rullgård
Sean Kellogg [EMAIL PROTECTED] writes: The thing is that the kernel is indeed much like a library, but not like a static one. The kernel is a lot like a shared library in that it exists in memory, and has functions that can be called. It is different mainly in that it stays in memory, and on

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Florian Weimer
* Måns Rullgård: The phrase running the Program is not directly applicable to a library, so we have to assume that for libraries, this translates into using the library, i.e. causing its code to be run, typically by running a program that uses the library. This act being unrestricted per

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 10:27:20AM +0200, Florian Weimer wrote: * Måns Rullgård: The phrase running the Program is not directly applicable to a library, so we have to assume that for libraries, this translates into using the library, i.e. causing its code to be run, typically by running

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Mark Rafn :: On Wed, 7 Sep 2005, Joe Smith wrote: It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking the .o's of the library directly with your program is equivelent to linking the library with the

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: 3.3. it seems to me that it's absurd to think, for instance, that Debian cannot dynamic link a GPLd program with OpenSSL. Why? Because if I write a completely-compatible MassaSSL library and install it in my system just

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: While I would like to belive that the FSF knew exactly what they were doing, I am not certain. It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Andrew Suffield :: On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: 3.3. it seems to me that it's absurd to think, for instance, that Debian cannot dynamic link a GPLd program with OpenSSL. Why? Because if I write a completely-compatible MassaSSL library and

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Andrew Suffield :: On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: While I would like to belive that the FSF knew exactly what they were doing, I am not certain. It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 10:22 am, Andrew Suffield wrote: On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: While I would like to belive that the FSF knew exactly what they were doing, I am not certain. It is generally belived that the GPL 'derivative' clauses may actually

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
Seems to me those signs all point to the idea the the mere linking against a dynamically linked library does not constitute a copyrighted work. s/copyrighted/derivative/ ?? -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 10:47 am, Humberto Mass Guimarães wrote: Seems to me those signs all point to the idea the the mere linking against a dynamically linked library does not constitute a copyrighted work. s/copyrighted/derivative/ ?? Good save The linked work is still

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
Here is the US definition of a derivative: - A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment,

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 10:46:32AM -0700, Sean Kellogg wrote: But what is clear is that a derivative work requires an act of copying the original work of authorship. The caselaw in question is Lee v. A.R.T. Co. (125 F.3d 580) where someone took a piece of art they purchased, fused it to an

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 02:27:45PM -0300, Humberto Massa Guimar?es wrote: ** Andrew Suffield :: On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: 3.3. it seems to me that it's absurd to think, for instance, that Debian cannot dynamic link a GPLd program with

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
Remember: DERIVATIVE == TRANSFORMATION. Word games, no change in meaning. You're saying that Only the verbatim copying of a copyrighted text, possibly with modifications, can constitute copyright infringement; all other actions are legal. The rest of your mail just ranted the same thing

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 03:32:26PM -0300, Humberto Massa Guimar?es wrote: I did _not_ just ranted the same. I did offer you an example of how you are simply plain wrong -- as is the GPL FSF FAQ -- when you say that linking to a library creates a derivative work. Argument from authority and a

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments surrounding the GPL, the reason it works is

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
If you're going to make an argument at odds with established understanding and industry practice then you'll have to come up with more than that. There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. I can't argue with someone who

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Måns Rullgård
Sean Kellogg [EMAIL PROTECTED] writes: On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments

RE: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Sean Kellogg :: On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments surrounding the GPL,

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 11:53:57AM -0700, Sean Kellogg wrote: On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 04:22:18PM -0300, Humberto Massa Guimar?es wrote: If you're going to make an argument at odds with established understanding and industry practice then you'll have to come up with more than that. There's an awful lot of lawyers and law professors who think that

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-07 Thread Mark Rafn
On Wed, 7 Sep 2005, Joe Smith wrote: It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking the .o's of the library directly with your program is equivelent to linking the library with the object files of your

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-07 Thread Sean Kellogg
On Wednesday 07 September 2005 03:50 pm, Joe Smith wrote: If that statement is true and if it does not qualify as a licence exception, then I think Linus and the KernelDev team has been pretty consistent that they consider it their interpretation of the GPL as applied to their software. As a