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Re: Clarification regarding PHP License and DFSG status



Matthew Palmer wrote:
> On Fri, Nov 25, 2005 at 10:39:05PM +0100, Alexander Terekhov wrote:
> > "Still a derivative work:
> > 
> >     * Distributing the source code of software which links to a library"
> > 
> >                            -- Copyright (c) 2004, Free Software Foundation.
> 
> I can't find anything in those slides which provides a basis for that claim,
> and the technical issues surrounding such a claim are very complex.  I'd be
> interested to see a video or something of a talk associated with these
> slides, to see if there's any additional context which the speaker provides
> to back up this claim.  As it stands, this looks like a line the author
> pickup around the office koolaid-cooler.

The FSF makes very similar claims without additional context
in their GPL FAQ:

   Q: If a library is released under the GPL (not the LGPL), does
   that mean that any program which uses it has to be under the GPL?

   A: Yes, because the program as it is actually run includes the
   library.
   http://www.gnu.org/licenses/gpl-faq.html#IfLibraryIsGPL

   Q: You have a GPL'ed program that I'd like to link with my code to
   build a proprietary program. Does the fact that I link with your
   program mean I have to GPL my program?
   
   A: Yes.
   http://www.gnu.org/licenses/gpl-faq.html#LinkingWithGPL

The second answer seems overly simplistic: even if the linking
created a derivative work, the GPL's requirements only apply
when you distribute the derivative work. People may easily interpret
the above as meaning that you _have_ to publish such a work even
if the derivative work was purely for internal use.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



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