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Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

On 5/6/05, Michael K. Edwards <m.k.edwards@gmail.com> wrote:
> On 5/6/05, Raul Miller <moth.debian@gmail.com> wrote:
> > On 5/5/05, Michael K. Edwards <m.k.edwards@gmail.com> wrote:
> > > > On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
> > > > The GPL simply defers to copyright law to define "derivative work".
> >
> > > Actually, it tries to define "work based on the Program" in terms of
> > > "derivative work under copyright law", and then incorrectly
> > > paraphrases that definition.
> >
> > It's probably worth noting that "derivative work" and "work based on the
> > Program" are spelled differently.  What's not clear, to me, is whether the
> > word "that" refers to the "d" phrase or the "w" phrase.  Careful study sheds
> > no insight into this burning issue.
> >
> > [If I read the GPL, I can't find where it paraphrases the "d" phrase.  On the
> > other hand I can't figure out how someone could claim that the GPL
> > incorrectly paraphrases the "w" phrase.]
> Second sentence in Section 0:  The "Program", below, refers to any
> such program or work, and a "work based on the Program" means either
> the Program or any derivative work under copyright law: that is to
> say, a work containing the Program or a portion of it, either verbatim
> or with modifications and/or translated into another language.

I believe you're objecting to the "that is to say" phrase, which restates what
"work based on the Program": means.

> As I read it, the phrase after the colon is a paraphrase of the
> "ether/or" clause it follows, i. e., an attempt to restate it in
> layman's terms.

Yes.  And that "either/or" clause says what "work based on the Program"

> And it's incorrect, as I explained, and for which I
> have previously given references to treaty, several countries'
> statutes, and lots of case law, in messages on -legal to which you
> responded (generally constructively and courteously, I might add).

I disagree:

"work based on the Program" is not the same thing as "derivative work".

The definition of "work based on the Program" uses the "derivative
work" concept, but builds on that concept.

I think claiming they're equivalent is silly.


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